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THE   CONGRESS  OF  THE  UNITED  STATES. 


i    y  PIPTEBNTH   CONGRESS.— FIRST    SESSION. 


If 

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THE 


DEBATES  AND  FROCEEDINGS 


CONGRESS  OF  THE  UNITED  STATES; 


WITB 


AN    APPENDIX, 


cosTAiimro 


IMPORTANT  STATE  PAPERS  AND  PUBLIC  DOCUMENTS, 

AVI)    ALL 

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


FIFTEENTH  CONGRESS-PIRST  SESSION: 

COMPBlSINa  THE  PERIOD  FBOM  DECEMBER  1,  1817,  TO  APRIL  30,  I8I89 

INCLUSIVE. 


COMPILED  FROM  AUTHENTIC  MATERIALS. 


WASHINGTON: 


Pl^IllTBD  AND  PUBLISHED  BT  6ALX8  AND  8XAT0N. 

Jf^.  ^  *^  '  Digitized  by  GOOgle 


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1913 


SDEH^BT  OF  OONOBflfiS. 


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llABC%181t>. 


MntfwA.  Mtn^pi^ottm^iMUi* 


EL  OP  a. 


qmrj.  The  powtra  detegiUed  bf  it  tre  retlrieted 
to  toe  collectioD  and  application  of  the  public 
MTfttoe.  Manf ,  indeed  tbe  far  greater  ]>art  of 
tkft  powers  sobseqaently  enameiated,  require  for 
lime  eiefeiee  bo  approj^tion  of  money  what- 
erver.  The  rer y  few  which  do  require  such  auz« 
ititfy  aid,  are  the  most  important  of  them  all,  as 
^  to  raise  and  sapport  araue«,''  ^  to  profide  and 
maintain  a  navy ;''  and  they  infoWe  the  neces- 
mry  exercise  of  many  powers,  which  the  mere 
•■thoficy  to  appropriate  the  public  money  ^>e8 
aoi  comprehend.  The  latter  famishes  hot  one 
mesne  of  attaining  the  common  end  of  all  the 
powers  of  Congress,  the  general  welfare*  It 
wmsf  be  employw  ibr  this,  purpose  either  singly, 
or  m  eon|onctioa  with  other  powers,  alike  ne- 
otsmry  to  this  primary  and  ultimate  end  of  all 
Garer«flieat^ 

ThedelecteltheafguiBent  which  I  hare  sought 
IP  anawer  arism  from  a  supposition,  that  any  oon- 
alrttatioox>f  the  clause  ia  question,  which  extends 
iu  import  beyond  the  power  of  lefying  taxes, 
Motfts  a  title  to  erery  ifomm  whatoTor,  tending 
m  mBjL  dc^Kik  to  proTide  for  tho  comaAon  defeaee 
awl  general  wel&r^of  the  United  States. 

For  myself,  ak,  I  totally  disavow  any  soohcoor 
atcvetion.  I  ask  foe  Congress  but  the  authority, 
reasly.  deiegtted  by  this  clause,  to  lay  and 


OMMt  ia«eB,and,  when  thuaoolleeted;,  so  to  apply 
Item  as  to  ptovido  Ibr  tim  safety  and  welfare  of 
liie  Unioo. 

Bar  froflD.  being  the  unbounded  authority  at 
wluck  so  much  alarm  has  been  expreaeed,  it  car- 
r\m^  along  i«ih  it  several  obvious  limitations. 
The  end  to  be  oUmiked  hf  it  must  be  one  of  com* 
oaflA  de^ence^  or  of  geaeral  welfare ;  it  must  also 
to  one  whioh  requires  the  appropriation  of  mo»- 
oy  I  and  Cofkgress  can  then  no  further  participate 
■I  iu  atiaioment,  in  virtue  of  this  power,  than  by 
contributing  towards  it  the  public  money. 

It  cannot  be  oonteoded  that  this  power  is  ren- 
deeai  noneeessarjr  by  that  contained  in  the  last 
ekase  of  ihie  sectiott— ^  to  make  all  laws  which 
aff«  neeessnry  and  proper  for  carrving  into"  ef- 
face the  powera  expre«ly  delegated  to  Gongressi 
Tlie  farmer  b  a  primary  and  indepeftdent  power; 
ito  laiiec  btti  aeeoodary,  or  aoxiliary.  Had  the 
iMietaot  beea  expeeeied,  theve  can  be  no  doubt 
(to  UN  the  langva^e  of  ifiift^tMi)  ^  that  it  would 
imm%  resalfed  to  the  Gbuenimeftt  by  aa  unavoid- 
aMo  implication,"  a«  it  did  qnder  die  Artaoles  of 
Oaafiilsialioa.  It  man  inaected  ia  the  Federal 
Camstatatioa  to  obviate,  pot  tf»Qf«ate,doabt8b  But, 
a  dasmed  rssentiil,  this  authority  extends  bnyoad 
ilaa<  ia  question,  aad  comprehends  the  power  to 

rm  other  laws,  as  well  as  aeis  of  appropciatioo. 
ftviloea  for  my  preseat  purpose,  while  it  alao 
abakaes  ao  ol^eotioa  of  one  of  my  coUeagoes, 
(Mr.  fibiVTH,)  that  among  those  acts  it  expremly 
aatkoriaee  all  each  as  are  reqoired  for  the  exet^ 
esea  of  the  power  contained  in  the  elause  whiqh 
I  tove  endeavored  to  expound.  Both  clauses 
laeemble  each  other  in  one  quality,  which  our  ad- 
laraaries seem  to  disregard:  they  were  deeigned 
la  uoiaige,  rather  than  to  abridge  (as  is  contend. 
ed)  the  Constitaiioaal  powem  of  Ooagrces« 
15lh  Cow.  1st  Sma. — U 


A  constitution  of  government— the  oflEipring  oC 
mutual  concession  among  a  people  jealous  of  thtlf; 
freedom,  and  divided  ioto  many  distinct  sover^ 
eignties,  alike  jealous  of  their  authoritjr— -onsbt 
not  to  be  construed  as  a  treatise  of  political  ^adr 
losopby — the  production  of  one  scieotifb  Bun4» 
We  cannot  be  surprised  at  finding  its  langvage 
redundant  in  the  delegation  as  well  as  the  limita* 
tion  of  power.  Of  this,  the  particular  sectiott 
oa  which  I  have  just  commented  affords  seveml 
examples.  The  powers  to  provide  and  maintain! 
fleets  and  armies  are  embraced  in  the  laore  conir 
prehensive  authority  to  declare  war,  the  powee 
to  borrow  money,  and  in  that  of  paying  the  d^ts 
of  the  nation.  Yet,  all  these  pow^m  are  si^par 
rately  and  expressly  delanled. 

I  claim  no  more,  Mr.  Qiairman,  in  support  of 
that  for  which  I  now  contend,  than  tbattajpower 
as  expressly  delegated  as  any  of  thoee  whieh  I 
have  enumerated,  shall  not  be  subverted  by  aaf 
rede  of  construction  whatever.    > 

This  powet  has  been  exercised  from  the  vory; 
foundauon  of  the  Federal  Qovemnient,aot.mv«li7> 
ia  the  purchase  of  lands  for  a  variety  of  puflpos>i» 
more  or  less  intimately  connected  with  the  couf' 
venience  of  the  Government,  or  with  the  Oftili* 
tary  defence  and  commercial  proepNortty  of  the 
United  States.  It  hu  been  substantially  applied 
(as  has  been  already  remarked)  to  the  encoar* 
i^ement  of  domentic  maaufactoresi  and  (in  a  form. 
less  diiiguised)  to  the  promotion  of  foreign  eai^ 
igration  ;  the  advancement  of  agriculture ;  the 
cultivation  of  science,  litemture,  and  taste ;  the 
diffusion  of  senUmentsof  patriotism,  benevoleoee^ 
and  piety. 

The  ingenuity  of  our  opponents  has  not  ooode- 
scended'^nd  surely  will  not— to  distinguish  be* 
tween  the  release  of  a  debt  due  to  the  Treaeorm 
and  the  appropriation  of  a  sum  already  coVmuAf 
in  favor  of  an  ol^ect  of  general  welfare^ 

One  of  my  colleagues  (Mr.  Smvth)  hae^  con* 
sistently  pushed  his  doctrine  of  constroction  to 
its  proper  extent.  He  has  denied  the  coastita* 
tionality  of  the  approprietions  hitherto  made  to 
the  Cumberland  road,  as  well  aa  that  to  the  relief 
of  the  unfortunate  sufferers  of  Venezuela*  Tha 
saaie  eaqdor  will  exteod  this  senteaeeof  oaadMir 
nation  to  all  the  pensions  which  hare  beeagiaair 
ed,  and  to  all  the  rewards  of  valor  which,  halt* 
beea  bostowed  by  the  Federal  Qoveromtat;  upHi 
only  to  the  whole  ur ifl(  bat  to.  the  institatjeat  iflt 
general  to  the  genius  and  charaetecof  the  nalioa« 

There  remains,  Mr.  Chairmaa>  one  other  datma 
of  the  Constitution,  hitherto  unnoticed  ia  tbia 
debate,  to  which  I  beg  leave  to  call  the  atteatioft 
of  the  Committee,  in  support  of  the  (yonelitBf* 
tiooal  authority  for  which  i  have  last  cooteaded. 
The  second  clause  of  the  third  section  of  the  sixths 
article  confers  on  Congress  a  power  not  enumer^ 
ated  in  the  section  over  which  we  have  j«sl 
passed.  It  is.  "  to  dispose  of  and  make  all  meed'* 
^  fol  rules  and  regulations  res{)ecting  the  territory 
^  and  other  property  belongiag  to  the  United 
^  States.  The  nrat  branch  of  this  authority  was 
designed,  as  will  appear  from  the  context  of  the 
whole  section,  to  enable  the  Federal  Qoveraabiat 


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to  te|fQlate  and  dispose  of  its  own  territory,  ac- 
oording  to  the  soggestloos  of  the  wisdom  of  Con- 
gress; the  second  embraces  a  similar  power  over 
all  other  national  property,  and  consequently 
OTer  the  surplus  revenue  to  be  found  at  any  time 
within  the  public  Treasury. 

The  obligation,  as  well  as  the  power,  of  ren- 
dering productive  such  portion  of  the  revenue  as 
the  public  exigencies  do  not  require,  and  as  can- 
BOt  without  considerable  loss  be  applied  to  the 
i^emption  of  the  public  debts  before  they  are 
dae,  is  clearly  deducible  from  this  clause  of  the 
Constitution. 

This  surplus  most  otherwise  lie  idle  in  the  pub- 
lic Treasurv ;  a  Treasury  which,  in  fact,  exists 
in  contemplation  of  law.  It  must  remain  in  the 
hands  of  collectors  and  the  public  officers,  or  be 
deposited  in  the  vaults  of  some  bank,  and,  in  both 
oases,  be  exposed  to  all  the  hazard,  without  re- 
ttiaing  the  profit,  of  a  loan. 

Can  it  be  questioned  that  such  portion  of  the 
public  money  may  be  constitutionally  applied  to 
the  purchase  of  the  stock  of  a  canal  or  turnpike 
•ompany,  a$  it  had  already  been  to  the  stock  of  a 
baok,  under  such  rules  and  regulations  as  Con- 
gress may  prescribe? 

I  do  not  contend,  in  virtue  of  this  clause,  for 
the  power  to  establish  a  banking  or  any  other 
chartered  company ;  but  for  the  simple  author- 
ity 10  invest,  by  exchange,  or  sale,  one  species  of 
property  into  another,  for  the  public  benefit. 

If  the  imposition  or  continuance  of  public  tax- 
0^  with  a  view  to  such  an  object,  be  deemed  a 
■aeasure  of  doubtful  right  or  expediency,  no 
such  doubt  can  arise,  as  to  such  an  application 
of  the  sum  now  proposed  to  be  appropriated,  or 
of  the  proceeds  of  the  sales  of  public  land,  to 
which  this  section  of  the  Constitution  directly 
appUet. 

Although,  under  no  Constitutional  obligation 
to  look  l^yond  the  profit  which  might  attend 
any  such  application  of  the  public  money.  Con- 
gress might,  and  undoubtedly  would,  blend  with 
that  consideration  other  objects  of  general  ad- 
vantage. As  individual  subscribers  to  the  stock 
of  all  oanal  and  turnpike  companies  usually  ex- 
fond  their  views,  even  in  pursuit  of  profit,  beyond 
the  ex[MCted  dividends  upon  their  stock,  to  the 
heacficial  end  of  its  application  |  so  the  Govern- 
ment may  often  confidently  anticipate  a  benefit, 
§kt  turpassing  in  value  any  pecuniary  profit  on  its 
stocks,  from  the  success  cf  a  public  work  of  ffen- 
eri^  utility.  In  all  such  acquisitions  of  stock,  it 
will  regard  the  convenience  and  safetv  of  the 
aation,  and  if  the  former  has  a  price,  the  latter 
naqaestionably  has  none. 

This  mode  of  applying  the  public  money,  to 
the  atrooture  of  roads  and  canals,  is  liable  to  none 
of  the  objections  urged  by  one  of  my  colleagues 
(Mr.  Smttb)  to  the  expediency  of  passing  the 
resolutions  before  the  Committee. 

Indeed,  when  the  general  purport  of  the  resolo- 
tioDs  is  considered,  these  objections  most  appear 
to  himself  premature,  since  they  apply  rather  to 
the  details  of  a  system  anticipated  by  him,  than 
to  the  resolutions  theoMelvet,  which  merely  pro- 


pose to  constitute  a  fond  for  internal  improve- 
ment. 

M^  colleague  cannot  deny  the  possibiUty  oi 
forming  a  system  which  shall  combine  individual 
sagacity,  enterprise,  and  rkill,  with  the  national 
wealth,  for   the  attainment  of  the  far  greater 
part,  if  not  all  the  objects,  upon  which  this  power 
of  appropriation  would  be  exerted.    He  has  net 
only  beheld,  but  recently  co-operated  in  the  exe- 
cution of  such  a  system,  in  the  Sute  which  we 
both  represent.     The  characteristic  feature  of 
that  system  is,  that  to  every  public  work,  deemed 
by  the  legislature  worthy  of  their  patronage,  aid 
to  which  three-fifths  of  the  stock  necessary  to 
complete  it  shall  have  been  previooslv  subscribed 
by  private  individuals,  the  State  subscribes  the 
remaining  two*fifths,  with  a  proviso  that  the  to- 
tal profit  of  the  stock  shall  exclusirely  belong  to 
the  individual  subscribers,  until  they  shall  have 
received  legal  interest  upon  all  the  sums  which 
they  may  have  advanced;  after  which  the  State 
participates  with  them  in  the  dividends  of  the 
common  stock.    The  subscription  of  the  State 
operates  as  a  moderate  insurance  against  loss  to 
private  adventurers,  who  are  expected  to  be  %U 
tracted  to  all  such  enterprises,  principally  by  the 
hope  of  ^in ;  and  is  thus  calculated  to  elicit  the 
subscription  of  individual  wealth  to  public  use. 
While  the  State  regards  herself  as  amply  rcnau^ 
nerated  for  a  temporary  suspension  of  the  in> 
terest  on  her  share  of  the  common  stock,  by  the 
accomplishment  of  a  public  work,  caletuated  to 
replace  this  interest  at  some  future  per»d,  and 
to  augment,  in  the  interim,  her  wealth  and  pop- 
ulation. 

This  system  is  not  more  susceptible  of  appli- 
cation to  the  circumstances  of  a  single  State,  than 
of  the  United  States.  It  would  only  be  neces- 
sary, in  order  to  extend  the  scale,  to  extend  also 
the  means  of  its  application. 

I  would  relucuntly  appropriate  any  part  of 
the  public  revenue  to  roads  or  canals,  witkoat 
that  security  for  their  judicious,  faithful,  and 
economical  completion,  which  would  be  afforded 
by  associating,  in  their  original  structure  and  sub- 
sequent preservation  and  repair,  the  catttioos  sa- 
Etcity,  persevering  industry,  and  oneeaisiBg  Tigt- 
nee,  of  private  interest ;  ^although  I  am  sot 
prepared  to  say  that  there  are  no  works  of  this  de- 
scription to  which  I  would  not  subseriboi  fram 
the  public  Treasury,  a  larger  proportion  than 
two-nfths  of  the  stock  necessary  for  their  omn- 
pletion  ;  or  that  there.may  not  be  some  coaneeted 
with  the  common  defenoe,  which  would  be  cheap- 
ly provided  for,  at  the  sole  cost  of  the  Uniom. 
Two  of  my  honorable  colleagues,  (Messrs*  8af  tts 
and  Babbour,)  to  whose  arguments  I  bare  ao 
often  referred,  sought  to  discourage  the  emalier 
States  from  yielding  their  support  to  the  reaola- 
tions  before  us.  by  suggesting  that,  under  aav 
equitable  distrioution  of  the  food^  which  it  ie 
proposed  to  set  apart  for  internal  improyeooeiit, 
but  a  very  inconsiderable  allotment  would  fail  to 
their  share;  while  the  other  significant! ]r  aaked, 
"  if  Massachusetts  would  give  five  miUioiia  or 
dollars  to  New  York  or  Virginia  ?'* 


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mSTORT  OF  CONGRESS. 


1318 


M410H,  1818. 


intemai  Improvements. 


H.OFit* 


Bir,  the  question  whether  Cooffress  hare  the 
CoDstitQtiooal  power  so  to  apply  the  pablic 
money,  oofht  not  to  be  decided  bv  such  coosid- 
erattoDs.  Its  decision  may,  indeed,  but  its  truth 
cannot  be  affected,  in  the  remotest  degree,  by  the 
manner  in  which  the  power  that  we  seek  to  sus- 
tain, mtj  be  hereafter  exercised.  If  the  smaller 
States  will  receive  but  little,  they  require  less  than 
those  of  larger  dimensions ;  and  it  should  satisfy 
their  justice,  that  what  they  receive  will  be  in 
tbe  exact  proportion  of  what  they  contribute  to 
the  common  fund.  The  first  suggestion  of  my 
colleague  reduces  the  fund  to  the  least  sum  propos- 
ed; the  last  swells  it  to  millions. 

I  acknowledge  that  I  most  earnestly  wish  to 
see  it  augmented  to  an  extent,  much  beyond  the 
appropriation  contemplated  by  the  resolutions  on 
our  table.  And  when  a  proper  occasion  shall 
ofler,  I  will  submit  a  resolution  which  I  hold  in 
my  hand,  to  enlarge  it  by  adding  the  proceeds  of 
sate  of  all  the  lands  ceded  to  the  Qovernment  of 
the  United  States  by  the  Commonwealth  of  Vir- 
ginia. The  propriety  of  thus  enlarging  the  pro- 
poeed  fund  has  been  suggested  to  me,  as  well  by 
the  general  policy  of  such  an  augmentation,  as 
bj  the  express  terms  of  the  Virginia  act  ef  ces- 
sion, to  wnich  the  United  States  were  a  party. 
There  is,  in  this  coinpact,  a  reservation  of  "  all 
'  the  ceded  territory,  as  a  common  fund  for  the 
'  use  and  benefit  or  the  several  States,  including 
*  Virginia,  according  to  their  respective  propor- 
'  tions  in  the  general  charge  and  expenditures  set 
'  forth  in  the  Articles  of  Confederation,''  which 
would  be  found,  on  comparison,  to  correspond 
rery  nearly  with  that  ratio  of  distribution,  pro- 
rided  by  the  act  of  the  last  Congress  creating  a 
fond  for  intemai  improvement,  to  which  the  late 
President  refused  his  assent. 

The  compact  solemnly  subjoins  to  this  reser- 
vation, that  ^  this  fund  shall  be  faithfully  and 
bona  fide  disposed  of  for  the  purpose  set  forth,  and 
for  no  other  purpose  whatever."  The  maxims 
of  eood  faith,  and  a  p>ositive  provision  of  the  Fed- 
eral Constitution,  enioin  upon  Congress  the  ful- 
filment of  this  stipulation ;  and  no  mode  of  giv- 
ing effect  to  it  would  better  accord  with  its  letter 
and  spirit,  than  a  distribution  of  the  fund  among 
the  several  States,  for* the  purposes  proposed  by 
the  resolutions. 

The  sentiment,  I  know,  Mr.  Chairman,  exists, 
and  I  regret  that  it  does,  that,  if  a  fund  be  pro- 
Tided  for  internal  improvement,  it  will  be  misap- 
plied, to  gratify  local  and  sectional  interests.  An 
efij^toal  security  acainst  such  an  abuse  of  power. 
would  be  created  By  a  distribution  of  its  annual 
rerenue,  in  conformity  with  the  proviso  of  the 
Virginia  compact  *,  and  if  the  fund  should  be  aug- 
mented to  the  extent  which  I  have  just  proposed, 
such  m  division  of  it  would  not  destroy  its  efficacy. 
It  cannot  be  believed  that  there  exists  a  single 
State  in  this  Union,  in  which  such  a  fund  would 
not  be  required,  or  could  not  be  judiciously  ap- 
plied. No  part  or  America  has  yet  reached  a 
degree  of  improvement,  which  leaves  its  internal 
intereonrse  wiihont  a  demi^nd  for  an  additional 
road  or  canaL 


Although  all  the  States,  or  even  a  majority  of 
them,  might  not  combine  in  devoting  their  re- 
spective shares  of  such  a  fund  to  one  common 
object,  yet  some  of  them  occasionally  would,  so 
as  to  obviate,  in  part,  the  chief  inconvenience  re- 
sulting from  distribution. 

Is  it  too  much  to  suppose,  that  there  exists 
throughout  the  United  States  a  patriotism  which 
wouldf  exult  at  the  accomplishment  of  a  connex- 
ion of  the  Lakes  with  the  Hudson,  by  the  meant 
of  the  useful  and  noble  work  which  New  York 
has  just  commenced,  or  of  that  scarcely  less  im- 
portant, though  much  less  expensive  connexion 
between  the  waters  of  the  Ohio  and  the  Chesa- 
peake, which  Virginia  has  so  long  contemplated  t 
To  the  smaller  States,  who  are  said  to  have 
least  concern  in  the  decision  of  this  question, 
every  new  cement  of  an  Union,  essential,  indeed, 
to  the  future  prosperity  and  happiness  of  all  its 
members,  must  be  peculiarly  interesting,  since  in 
any  calamity,  which  might  destniy  this  great 
bulwark  of  our  common  safety,  they  would  be 
thegreatest  sufferers. 

With  regard  to  the  general  character  of  that 
power  which  we  are  now,  I  trust,  about  to  exert, 
It  must  be  universally  acknowledged,  that  what- 
ever tends  to  facilitate  the  necessary  intercourse 
between  the  remote  extremities  and  the  common 
centre  of  so  vast  an  empire,  has  the  same  propi* 
tious  effect,  as  would  result,  were  it  otherwise 
practicable,  from  contracting  the  extent  of  its 
territory,  without  reducing  its  population,  im- 
pairing its  wealth,  or  narrowing  its  resources. 

To  the  friends  of  American  liberty,  who  justly  > 
regard  the  State  governments  as  essential  parts 
of  a  Republican  system  erected  on  a  scale  so  ex- 
tended as  to  constitute  a  cause  of  alarm,  or  who, 
with  equal  truth,  consider  our  union  as  the  bond 
alike  of  our  inaependence  and  freedom,  every 
measure  which  has  the  effect  of  diminishing  the 
extent  of  the  one,  or  of  multiplying  and  strength- 
ning  the  ties  of  the  other,  must  1^  viewed  with 
anxious  solicitude. 

For  Virginia,  so  unhappily  divided  on  this 
question,  it  should  be  enough  to  silence  her  ob- 
jections, that,  situated  midway  betWeen  the  col- 
onies of  England  and  Spain,  she  constitutes  the 
key  of  that  expanded  arch,  which,  stretching 
from  North  to  South,  binds  the  whole  Bast  in 
union,  and  sustains,  upon  its  broad  and  lofty 
summit,  our  Western  Empire. 

Representing  a  district  adjacent  to  the  seat  of 
the  Gfovernment,  I  have  personally^  or  in  behalf  ' 
of  my  immediate  constituents,  less  interest  in  the 
decision  of  this  question,  than  those  sentlemen 
who  come  from  the  remote  sections  of  the  Union ; 
but  who  can  be  insensible  to  the  great  purpose 
which  should  constantly  animate  lul  our  labors; 
the  preservation  and  improvement  of  that  noble 
fabric  of  Government,  under  which  it  is  alike  our 
happiness  and  our  glory  to  live  ? 

Mr.  Baldwin  followed  on  the  same  side,  and 
spoke  about  three  quarters  of  an  hour  in  support 
of  tbe  resolutions. 

Mr.  TnoKBR.  of  Virginia,  said,  that  he  felt  him- 
self imperionsly  called  upon  to  submit  to  the 


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Internal  Improvements* 


March,  1818. 


Committee  his  views  on  the  CoDstitutional  ques- 
tioo  involved  in  ibe  resolutions  under  considera- 
tion. In  opening  this  subject  to  the  Committee, 
he  had  purposely  avoided  the  discussion  of  the 
Constitutional  point,  as  the  report  had  submitted 
the  views  of  the  select  committee,  and  a  farther 
disquisition  from  him  would  have  only  led  to  un- 
interesting recapitulations  of  what  had  already 
been  advanced.  He  had,  therefore,  determined 
patiently  to  wait  till  the  opponents  of  the  resolu- 
tions bad  developed  their  arguments,  and  then  to 
ask  the  indulgence  of  the  Uommittee.  He  did 
not  wish  to  shrink  from  the  duty  which  had  fallen 
to  his  lot.  He  did  not  wish  to  be  chargeable 
with  (what  could  not  fail  to  grate  upon  the  feel- 
ings of  any  honorable  man)  quietly  standing  by, 
and  permitting  others  to  fight  his  battles.  Yet, 
so  powerful  and  overwhelming  had  been  the  re- 
marks of  the  honorable  gentleman  from  South 
Carolina.  (Mr.  Lowmdeb,)  that  he  had  been  dis- 
posed to  leave  the  question  to  the  decision  of  the 
Committee,  upon  the  unanswerable  argument  of 
that  gentleman.  His  friend  from  Virgmia,  (Mr. 
H.  NsLsoif,)  had,  however,  by  the  character  of 
bis  observations,  compelled  him  to  relinquish  this 
desirable  retirement  from  the  contest.  In  tke 
conclusion  of  his  remarks,  he  had  said,  that  he 
felt  himself  called  on  to  pay  some  attention  "  to 
this  report  from  the  pen  of  his  colleague.''  Whilst 
I  tender  to  the  gentleman  my  thanks  for  his  at- 
tentions, I  cannot  but  regret  the  unfortunate  pre- 
eminence which  has,  on  this  occasion,  entitled  me 
to  receive  them.  I  have  before  said,  and  still  feel, 
that  the  duty  imposed  upon  roe  is  too  weighty 
for  my  feeble  strength,  but,  however  nerveless 
my  arm,  I  shall  not  hesitate  to  defend  myself  from 
the  attack  which  has  been  made  upon  me. 

Sir,  the  gentleman  from  Virginia  has  done  me 
too  much  honor  in  associating  me  with  those  two 
able  men,  (the  gentleman  from  South  Carolina 
and  the  honorable  Speaker,)  in  the  modern  tri- 
umvirate of  which  he  has  spoken.  He  has  called 
us  the  triumvers  of  the  tiroes,  and  thus  seems  to 
compare  ua  with  the  detested  triumvirate  of  the 
Roman  pt^ople.  We  are,  doubtless,  under  great 
obhgaiions  lo  the  gentleman  for  those  high  Qon- 
orSf  which  he  to  liberally  bestows.  It  remains 
for  us  only  to  divide  among  ourselves  this  glori- 
oufi  spoil— ici  appropriate  to  eaph  the  character 
which  beloDg8  to  him.  In  this  partition,  the  great 
and  commanding  talents  of  my  friends  leaves  to 
me  Ehe  bi^^-t  title  to  the  least  obnoxious  character. 
The  fool  Lepidus  is  not  as  detestable  as  the  kna- 
vish Aniboay^  or  the  ambitious  Cs^ar. 

But,  sir,  while  the  gentleman  is  $o  profuse  in 
his  compiimenis  to  us,  he  tells  us  of  himself,  that 
he  is  bauling  for  the  riffhts  of  the  States,  in  this 
last  struggle  with  the  Federal  Government.  It 
Is  in  tht«  last  of  their  fields  that  the  liberties  of 
the  Siate;^  are  to  be  cloven  down,  and  the  Federal 
OoTernmvnt  la  to  triumph  over  theip.  Ii  is  in 
this  last  field,  tlmt  the  gentleman  represents  him- 
self as  fighting  their  battles,  with  an  alinbst  des- 
perate resolution.  He  is  to  be  entitled,  doubtless, 
10  the  distiDguishied  appellation  of  the  last  of  the 
Qreeks,  ly^'^^^  he  yin^  to' us  (he  bad  eminence 


of  a  triumvirate.  If  impassioned  zeal  and  great 
ability,  in  this  great  cause,  can  give  to  him  so 
enviable  a  title,  it  must  be  awarded  to  the  gentle- 
man. He  never  "  bore  himself  better"  m  his 
days.  I  always  hear  him  with  pleasure — I  always 
confess  his  powers — but,  on  this  occasion  he  has 
surpassed  any  former  exertion.  How  unfortunate 
that  this  zeal  was  not  as  uniform  as  it  was  warm  ^ 
and  that,  on  former  occasions,  the  same  heroic 
prowess  had  not  been  manifested  in  defence  of 
the  rights  of  the  States  ! 

The  gentleman  told  us  the  other  day,  that  the 
nation  would  be  in  sackcloth  and  ashes,  if  this 
proposition  should  be  successful.  Today  he  tells 
us,  that  he  retracts  the  remark.  He  now  hopes 
that  the  nation  will  arise  in  its  strength,  and  put 
down  those  who  advocate  these  resolutions.  He 
no  longer  wishes  the  groans  of  the  nation  to  be 
heard  ;  he  hopes  for  their  reprobation.  For  these 
ffroans  I  presume  he  would  substitute  their  hisses. 
Sir,  there  is  no  man  who  can  feel  more  sensibly 
than  myself  the  disapprobation  of  those  who  have 
favored  me  with  their  confidence.  The  distin- 
guished honor  I  have  twice  received  from  them, 
without  solicitation,  cannot  fail  to  render  me 
peculiarly  solicitous  to  merit  a  continuance  of 
their  good  opinion.  But  as.  on  this  occasion,  I 
am  not  only  left  (from  the  absence  of  all  instruc- 
tions) to  follow  the  dictates  of  my  conscience, 
but  am  bound  by  my  oath  to  construe  this  Con- 
stitution according  to  my  judgment,  I  cannot  i^ 
prebend  their  censure  in  following  my  convic- 
tions. They  know  well,  that  the  first  and  most 
important  requisite  in  a  Representative  is  inde- 
pendence of  mind  ;  and  I  trust  I  shall  never  cease 
to  evince  to  them  that  I  am  not  destitute  of  this 
qualification. 

But,  sir,  whilst  I  cannot  be  insensible  tp  the 
disapprobation  of  the  wise  and  good,  I  hez  leave 
to  assure  that  gentleman,  that  retirement  nas  no 
terrors  for  me.  A  seat  in  this  House  is  not  so 
highly  prized,  as  to  induce  me  to  surrender  the 
honest  convictions  of  my  judgment  to  preserve 
it.  Nor  am  I  more  alarmed  at  the  intimatioii  of 
the  gentleman,  that  the  report  of  the  committee 
conveys  a  censure  of  the  Executive.  I  appeal  to 
the  candor  of  any  man,  who  will  peruse  tfiat 
paper,  whether  any  of  its  pages  contain  aa  ex- 
pression that  can  be  tortured  into  such  a  con- 
struction. None  such  was  intended.  But  w^y, 
he  abks,  this  discrimination  ?  Why  has  no  sipai- 
lar  objection  been  made  to  former  message^?  I 
am  not  responsible  as  to  them— but  the  reason 
for  a  discrimination  seems  manifest.  A  former 
Congress  has  actually  passed  a  bill  imbodytt^ 
the  principles  of  these  resolutions*  A  former 
Executive  rejected  this  bill.  When,  therefor^ 
therie  existed  a  fair  presumption,  that  the  populaf 
branch  might  a^ain  act  upon  the  subject,  wlien 
the  Executive  intimates  the  futility  of  sucn  an 
attempt — and  when  the  committee  were  desirotu 
of  pressing  upon  the  consideration  of  the  House 
the  importance  and  propriety  of  renewing  the  ef- 
fort, it  became  unavoidable  to  meet  and  remove 
the  objection  then  intimated  by  the  President 
In  doing  this,  the  course  which  has  been  porsiaed 


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H.0P9. 


iabclieted  to  hive  been  res]>eetful  and  decorous — 
#kilst  it  did  not  compromit  the  dignity  of  ttds 
Boom. 

The  gentleman,  sir,  has  accused  bis  adFersaries 
of  ineoosistency.  He  complains,  that  we  are 
desertiog  the  great  principles  of  the  Republicans 
in  179B,  and  subrenting  the  acknowledged  rights 
of  the  States,  by  a  construction  too  latitudinoUs. 
If  ot  content  With  a  single  intimation  of  this  charge, 
he  has  made  it  the  commencement  and  the  con- 
cIiiSK>n  of  his  address.  He  speaks  of  the  "  great 
blittle  fought**  in  the  early  times  of  the  Constitu- 
tion, ^hen  the  champions  of  the  States  Were  Mr. 
Madison,  the  late  President  of  the  United  States, 
and  lir.  Gallatin—'*  not  the  Lord  Chatham  of 
the  ministtj,  but  the  Mr.  Pitt  of  the  Commons 
Hotise.'*  And  on  what  great  occasion  did  this 
celebrated  conflict  take  place?  It  was  on  the 
bank  bill !  On  the  question  of  the  establish  nient 
of  the  first  bank  of  the  United  States,  which  was 
Vehemently  opposed  by  those  two  great  men, 
arose,  as  he  tells  us,  the  great  division  of  parties 
jfl  delation  to  the  rights  of  the  States  and  the 
Federal  Qovernment.  It  was  then  that  the  strict 
construction  of  the  Constitution  was  contended 
for,  and  those  principles  established,  in  relation 
to  its  interpretation,  the  correctness  of  which  is 
not  now  contested,  though  their  application  is 
th^  subject  of  litigation.  Bearing,  then,  in  our 
minds  this  fact,  that  the  bank  question  was  that 
to  which  tbie  gentleman  refers,  as  ha?ing  tried 
the  rights  of  the  States,  let  us  see  how  far  the 
gentleman  himself  is  entitled  to  the  applause  of 
consistency,  in  the  ut^iform  defence  of  his  belored 
State  rights.  Sir,  1  sliail  press  this  matter  upon 
the  gettdemHB  with  no  unfriendly  feeling.  I 
sbBtl  put  it  to  him  in  the  same  good-humored 
spirit  which  animated  him  in  his  attempt  to  fur- 
nish eTldence  of  inconsistency  against  mv  friend 
from  South  Carolina.  I  know  the  gentleman's 
constitutional  good  humor  too  well^  and  have  too 
long  experienced  his  fViendly  dispositions  towards 
myself,  to  suppose,  that  his  remarks,  in  relation 
to  me,  Were  intended,  even  in  the  warmth  of  his 
xeal,  to  injure  my  feelings.  I  shall,  therefore^ 
maintain  the  saine  dispositions  towards  himself. 
But,  before  I  come  down  to  the  period  in  which 
the  gentlenum  was  a  conspicuous  actor.  I  beg  leave 
to  advert  to  a  few  fhcts  in  relation  to  the  banL 

A  few  years  before  the  expiration  of  its  charter, 
its  renewal  was  proposed ;  and  Mr.  Gallatin,  then 
at  the  head  of  the  Treasury,  who  had  opposed  its 
passage,  reeotttiDended  iu  continuance.  But  the 
gentleman  telb  us  he  was  no  more  Mr.  Gallatin 
dr  1791,  than  "  the  Ldtd  Chatham  of  the  ministry 
Wa^  th«  Hr.  Pitt  of  the  Parliament  House.'^  But 
he  was  not  destine  long  to  remain  alone  in  this 
change  of  his  opinions.  In  a  feW  years,  the  old 
bank  charter  having  expired,  the  subject  was 
again  revived.  The  hostile  cloud  that  had  loWered 
in  the  horizon  so  long,  broke  upob  us  at  length,  and 
dorins  the  war  a  new  bank  bill  wasproposed  and 
passed  both  Houses  of  Congress.  When  submit- 
ted to  Mr.  Madison,  who  has  l>een  justly  styled 
the  Champion  of  State  Rights,  he  rejected  it,  not 
because  it  was  unconstitutional,  but  because  he 


did  not  regard  its  provisions  as  ex|)edient  and 
salutary.  The  Constitutional  .<|u^tion  he  de* 
claredtobe  settled,  by  the  acquiescence  andap* 
probation  of  the  nadon,  and  with  a  magnanimity 
and  modesty  peculiar  to  great  minds,  he  yjeldMl 
to  the  precedent  which  had  been  so  decisivdy 
sanctioned. 

And  where  Was  th^  g^tlemau  theft  1  In  thii 
second  assault  upon  State  rightS2where  was  tlui 
great  defender  of  the  States  1  He  Was  the«  in 
Uongress.  Where  then  was  his  zaal  wbi<sh  ha% 
on  this  occasion,  blazed  forth  with  such  oonspic 
uoQs  brightness  ?  Unfortunately  for  the  Stain 
it  was  in  dim  eclipse.  He,  too^  voted  for  l&ia 
bank  bill — for  the  verjr  i^rineiple  on  which  ^  tha 
first  great  battle,  in  relation  to  SCate  rights,  had 
been  fought." 

I  know  that  the  gentleman  considers  that  rose 
as  justified  by  the  situation  of  the  ^ountry.  We 
were  at  war— in  danger  of  subjugation— it  wilt 
better  to  break  this  **  sacred  Constitution^' than 
to  be  reduced  again  to  colonial  serritude.  But 
will  not  the  same  principle  justify  the  appoint* 
ment  of  a  diemtor  i  And  does  the  genf ledtat 
seriously  believe,  that  it  is  better  to  construe  this 
Constitution  with  so  much  rigor  as  (o  comfiKil  us 
to  tear  it  in  pieces  during  war,  thin  to  give  It 
that  fair  and  practical  construbtion  Which  will 
fit  the  necessities  and  wants  of  the  nation  at  all 
times  t  Is  it  better  to  compel  the  Goveniment^ 
in  time  of  war,  to  resort  to  the  necessity  which 
is  above  all  right,  or,  br  rational  interpretation, 
to  acknowledge  a  Constitutional  necessity  which 
can  give  right? 

Bbt  this  bank  bill  Was  rejectet).  The  cloiid  Of 
war  Vtis  dispersed;  the  halcyon  days  of  peace 
returned,  and  the  tyrannous  nece^ity  of  war  was 
at  an  end.  Another  bank  bill,  in  a  tiiiie  of  Pro- 
found peace,  was  proposed  aiiid  passed  by  Con- 
gress, and  received  the  sfgnatoire  of  Mr.  Madisoh* 
Where  Was  the  gentleman  then?  He  was  in 
Congress!  Where  then  was  his  zeal?  On  the 
passage  of  the  bill  to  a  third  reading  he  was  un- 
rortunatelr  absent.  H^  had  no  opportuiiitv  of 
distinffuishipg  himself  by  his  chivalry  ou  that 
occasion.  But,  his  good  ^tars  preva(iled,  and,  on 
a  motion  to  postpone  tfaie  bill  indeAnitely,  he  was 
fbrtunately  m  the  House.  Here  w^  a  hit  op- 
portunity, ih  time  of  profound  peace,  and  on  tha 
great  <iuestion  Which  had  agitated  parries  in  1791| 
to  rebur  to  his  principles,  and  pOt  an  end  to  th« 
bill— and  how  then  did  he  vote  ?  He  Wa^  not 
content  even  to  be  sileni.  R6  voted  against  the 
postponetnent.  which  was  a  vote  decisively  in 
favor  of  the  bill.  The  gentleinan  now  adnjits  he 
was  in  favor  of  it. 

Sir,  I  have  heard  kn  old  sutesman  iaughingljr 
observe,  that  no  man,  who  had  been  in  public  Ufa 
five  years,  ought  to  be  held  to  show,  that  be  had 
been  entirely  consistent  in  his  opinions.  Five 
years,  it  seems,  is  a  good  bar  to  a  charge  of  in- 
consistency. Perhaps  it  is  under  this  novel  statute 
of  limitations,  that  the  gentleman,  who  has  lonjp 
been  in  public  life,  may  be  considered  as  protected^ 
while  I,  unfortunately,  cannot  repel  his  charge  bf 


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Memal  hnpronemenU. 


March,  1818. 


%  similar  plet,  as  this  is  onlf  the  third  fear  of 
mj  service. 

Sir,  I  do  not  mean,  by  these  remarks,  to  inti- 
.  mate  anything  improper  in  the  course  pursued  by 
the  gentleman,  on  the  question  of  the  Bank  of 
tiie  United  Sutet.  On  the  contrary,  I  am  per- 
suaded of  the  purity  of  bis  motives,  as  well  as  of 
the  then  Chief  Magistrate's,  and,  having  voted 
lor  the  bank  bill  myself,  eannot  materially  dis- 
aest  from  them  in  my  views  of  that  important 
■leasure.  But,  when  a  gentleman,  so  able  and 
ao  zealous  in  the  maintenance  of  his  opinion,  pur- 
auea  a  course  so  utterly  inconsistent  with  them. 
aoae  indulgence  may  reasonably  be  expected 
firom  him  for  the  supposed  errors  and  inconsist* 
encies  of  others.  It  is  not  for  men  whose  path 
has  not  been  direct  and  uniform,  to  charge  upon 
others,  so  fiercely,  their  alleged  deviations.  It  n 
Boi  lor  them  to  call  down  upon  their  adversaries 
the  censures  of  the  nation,  for  fancied  desertion 
of  the  principles  of  the  Constitution. 

In  the  construction  of  this  Constitution,  there 
ia  BOt,  there  eannot  be,  a  system  of  orthodoxy. 
Afreeing,  as,  we  do,  in  principle,  there  must  al- 
ways be  a  variety  in  the  ap[»ication.  The  in- 
atntment,  conferring  upon  us  incidentaL  as  well 
m  express  powers^  there  must  always  be  great 
difierences  of  opinion,  as  to  the  **  direct  relation- 
^diif^"  and  "real  necessity"  of  the  accessary 
poMra.  Nothing  can  beuer  illustrate  it  than  the 
vaiioas  shades  of  opinion  on  the  question  before 
iis»  Nor  are  the  opponents  of  the  resolution  more 
eaaaisttnt  with  each  other  than  we  are.  Three 
geatlemen  from  Viiginia,  who  have  particularly 
distinguished  themselves  in  opposition,  all  differ 
in  essentials.  The  first  gentleman  who  spoke 
(Mr.  Smyth)  admits,  I  conceive,  all  that  I  ask, 
in  saying,  that  the  revenues  of  the  United  States 
may  be  subscribed  in  stock  to  road  and  canal 
companies,  ''as  a  fiscal  operation."  But,  neither 
of  the  other  gentlemen  will  yield  their  assent  to 
this  position.  The  same  gentleman  contends 
that,  as  accessary  of  military  operations,  the  ex- 
ecutive and  military  authority  may  make  military 
toads  in  time  of  war,  but  the  legislative  body 
cannot  authorize  them.  His  colleagues  disaffree 
with  him.  On  the  other  hand,  another  of  these 
gentlemen  (Mr.  Barboub)  admits  **  the  riffht  of 
way,"  as  accessarv  to  the  power  to  establish  post 
loads;  but  his  colleague  (Mr.  Nelson)  denies  it* 
This  last,  in  his  turn,  justifies  the  construction  of 
tlie  Cumberland  road,  which  his  friend  (Mr. 
Babboub^  utterly  disclaims.  Sir,  with  tnese 
things  belore  your  eyes,  who  shall  pretend  to  say 
what  is  orthodoxy — what  is  heterodoxy  ?  It  is 
impossible.  It  remains  for  us  to  act  according  to 
our  consciences,  without  attempting  a  conform- 
ity to  any  particular  sect  or  persuasion. 

I  should  not  have  troubled  the  Committee 
with  these  remarks,  but  for  the  course  of  my 
colleague's  observations.  He  has  endeavored  to 
excite  alarm  and  apprehension.  At  what?  What 
is  this  dangerous  measure  that  has  so  much  ex- 
cited him?  The  improvement  of  the  country  1 
In  what  manner?  is  it  conteniplated  by  any 
gentleman  to  enter  the  States  by  force— to  make 


roads  without  their  assent — to  destroy  the  pro- 

g^rty  of  individuals,  and  to  prostrate  private  and 
tate  rights?  By  no  means.  It  is  contemplated 
to  do  that  which  has  already  been  done,  without 
injury  to  any  one,  and  to  the  universal  satis&c- 
tion  of  the  nation.  It  is  contemplated,  either  to 
subscribe  for  stock.  In  companies  incorporated  by 
the  States ;  or,  as  has  already  been  done  in  rela- 
tion to  the  Cumberland  road,  to  procure  the  as« 
sent  of  the  Sutes  to  the  construction  of  public 
roads  of  great  national  advantaj|[e,  and  to  acquire 
from  individuals  the  right  of  using  their  property 
for  the  purpose.  This  is  the  utmost  that  the 
friends  of  this  proposition  contemplate  or  inti- 
mate. Let  it  not,  then,  be  said  that  the  rights  of 
the  States  are  to  be  infringed,  since  their  assent 
is  to  be  obtained ;  let  it  not  be  said  that  private 
property  is  to  be  sacrificed,  since  it  is  only  to  be 
affected  by  their  own  consent,  or  under  suck 
State  regulations  as  are  common  in  relation  ta 
turnpike  roads.  No  proposition  can  be  more 
harmless — none  can  be  more  beneficial. 

With  this  view  of  the  plan  in  contemplation, 
let  us  proceed  to  consider  upon  what  principles- 
this  Constitution  should  be  construed.  Shall  we 
give  it,  what  is  called  by  a  gentleman,  a  liberal 
construction,  extending  infinitely  the  powers  of 
the  Federal  Government  ?  Or  shall  we  construe 
it  with  a  strictness  and  rigor  that  will  disrobe  ua 
of  all  the  means  necessary  for  carrying  on  the 
Government  ?  Neither !  In  construing  this  in- 
strument, I  will  not,  on  the  one  hand,  extend  its 
provisions  too  far:  nor  will  I,  like  the  ffentlenua 
from  Virginia,  (Mr.  H.  Nelson,)  who  has  denied 
the  right  of  way,  which  even  his  rigorous  col- 
league had  admitted,  act  the  part  of  a  miser,  who^ 
in  payiujg  away  a  farthing,  examines  it  with 
scrutinizing  care  lest  it  should  turn  out  to  be  & 
penny.  Ttie  inevitable  efiect  of  such  a  construc- 
tion of  the  instrument  will  be,  that  the  Govern- 
ment must  either  fail  of  its  great  objects,  or  that 
it  will  be  habitually  broken  whenever  the  pres- 
sure of  events  shall  seem  to  require.  It  is  better 
to  give  to  it  a  plain,  practical  construction,  that 
shall  suit  the  necessities  of  the  nation,  in  peace  or 
in  war,  than  to  attempt  a  rigorous  adherence  to 
the  l^ter,  which  will  compel  innumerable  infrac- 
tions. Thus,  to  the  nation,  it  would  be  less  op- 
pressive to  admit,  at  all  times,  the  right  to  make 
necessary  military  roads,  with  the  assent  of  all 
parties  concerned,  than  to  resort,  in  time  of  war,, 
to  a  necessity  above  right,  and  subversive  of  the 
Constitution,  to  make  roads,  od  libUum,  without 
the  consent  of  anybody. 

Sir,  the  construers  of  this  Constitution  may 
not  inaptly  be  compared  to  the  dramalx$  penotuxi 
of  the  Tale  of  a  Tub.  Peter,  John,  and  Martin, 
represent  the  three  sects  of  political  interpreters. 
I  have  been  solicitous  to  preserve  the  goldea 
mean*  which  is  always  so  desirable.  I  profess  to 
be  of  the  good  old  Protestant  persuasion  of  brother 
Martin.  There  are  some  gentlemen  who,  like 
Peter,  are  for  adding  shoulder-knots  and  lace  to 
the  coat,  until  you  will  scarcely  know  it  again. 
There  are  others  who,  in  the  eagerness  to  remove 
what  is  obnoxious,  in  tearing  offthe  lace,  pull  off 


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HISTORY  OF  CONQBSBB. 


liU 


Mabob,  181& 


JmtTfUH  iMpTO  MM6lllf  • 


H.oyE, 


— hera  a  akere,  aa^i  th«re  a  skirt,  aad  strot  about 
in  all  the  roefal  oddity  of  paritaaical  plainness. 
1  will  follow  neither  of  these.  I  see  nothing  so 
technical  in  the  lang aage  of  this  Constitution,  as 
to  indnee  me  to  give  it  a  very  technical  constroc- 
tion.  It  is  an  instroment  formed  nnder  circum- 
ataaees  of  great  and  insaperable  difficulties.  It  is 
a  division  of  one  sorereigntjr  into  two  sovereign- 
ties—a division  of  the  attributes  of  sovereignty 
between  the  States  and  the  Union — each  to  be 
sovereign  and  superior  to  the  other  in  its  appro- 
priate sphere.  In  short,  it  is,  in  some  sort,  an  at- 
tempt to  reconcile  contradictions,  and  to  effect  im- 
possibilities—to create  two  powers,  each  greater 
than  the  other— to  define  the  boundaries  of  the 
two  powers,  when,  in  truth,  they  run  into  each 
other  like  the  colors  of  the  rainbow.  Already 
have  we  had  repeated  and  decisive  evidence  tha^ 
in  spite  of  the  great  ability  and  wisdom  which 
distinguishes  this  instrument,  it  is  not  free  from 
that  imperfection  which  characterizes  all  human 
institutions.  Already,  in  the  military  and  judi- 
cial departments  of  the  Government,  have  there 
existed  the  most  serious  collisions.  They  must 
eontinue  to  exist  until  the  construction  is  settled 
by  practice  and  universal  acquiescence.  Will 
gentlemen  aUempt  to  brin^  into  the  discussion  of 
a  ooestion  like  this,  the  principles  of  mathemati- 
cal science,  or  the  auenuated  loffie  of  metaphys- 
ics 1  The  subject  does  not  admit  of  it.  Tou 
cannot  lay  down  the  powers  of  the  Qovernment 
vitb  mathematical  exactness.  Plat  down  the 
boaodaries  of  the  two  sovereignties,  according  to 
^M  principles  of  gentlemen,  and  a  Kentucky 
land  claim  would  not  tihibit  more  embarrassing 
inteffereocet.  Noj  sir,  it  is  not  a  mathematical 
it  is  a  moral  certainty,  that  we  are  to  expect  on 
these  great  questions  of  political  right.  And 
how  is  this  moral  ceruinty  to  be  better  attained 
than  by  a  practical  construction,  supported  and 
fortified  by  the  practice  of  the  Qoverninent,  and 
the  uniform  acquiescence  of  the  nation,  in  analo- 
gous cases  ?  This  practice — this  uniform  acqui- 
escence— these  decuions  of  the  nation,  on  Con- 
stitutional powers,  which  admit  not  of  precise 
defiaitioB,  but  are  rather  to  be  referred  to  practi- 
cal good  sense  and  sound  discretion— these,  I  say, 
scive  as  landmarks  for  subsequent  legislatures. 
They  are  the  buoys  which  the  wisdom  of  the 
nation  has  fixed,  to  mark  out  the  channel  that 
divides  the  rival  jurisdictions. 

I  do  not  contend,  but  have  explicitly  disavowed 
the  idea,  that  we  are  bound  by  legislative  prece- 
dents aninst  the  clear  meaning  of  the  Constitu- 
tioo.  But  1  do  contend,  that  when  a  principle 
has  been  long  avowed  and  admitted,  and  acted 
upon,  we  ought  not  entirely  to  disregard  it  in 
dfteidiog  on  a  doubtful  point.  Do  geotlemen 
soppose  that  if;  which  Heaven  permit!  this  con- 
federation of  States  shall  last  for  a  century,  we 
shallythronghout  that  period,  be  continually  moot- 
iag  Constitutional  poinu;  holding  nothing  as 
decided ;  admittiag  no  construction  to  have  been 
agreed  upon ;  and,  instead  of  going  on  with  the 


bosiaess  of  the  nation,  continually  occupied  with 
Igiiting,  over  and  over  again,  battles  a  thousand 


times  won  ?  Sir,  I  have  before  cited  the  strong 
expressions,  of  the  late  able  President  of  the  Uni* 
ted  States  and  of  the  present  Chief  Magistrate, 
when  Secretary  of  War,  on  the  influence  of  former 
acts  of  Qovernment,  which  have  been  quietly 
acquiesced  in  by  the  people  and  the  States.  There 
is,  as  might  be  expected,  great  good  sense  in  their 
opinion.  It  is  an  opinion  peculiarly  correct, 
when  applied  to  a  Government|  which,  like  ourS| 
provides  the  means  for  its  own  alteration.  If  a 
power  is  asserted  by  the  National  Qovernmem 
which  is  conceived  not  to  have  been  granted,  or 
to  have  been  improperly  bestowed,  the  States 
have  the  power  of  amending  the  Constitution 
and  prohibitipg  its  exercise.  Hence,  when  this 
power  is  not  exercised  though  ihe  question  has 
been  agitated  among  the  Sutes,  it  furnishes  a 
fair  presumption  that  the  power  has  not  been 
improperly  asserted ;  it  affords  the  best  evidence^ 
in  all  cases  not  admitting  of  clear  and  una- 
quivocal  exposition,  of  what  is  the  true  practical 
construction  of  the  act  of  union.  Nor  is  it  at  all 
a  novelty  that  practice  and  acquiescence  shcald 
receive  so  much  consideration.  They  often  form 
the  Constitution  itself.  What  is  the  constitu- 
tion oC  Great  Britain  but  a  constitution  founded 
on  usaffe  and  long  acquiescence  ?  But,  my  friend 
(Mr.  Barbour)  says,  that  it  may  be  altered  by 
Parliament.  True — ^let  us  come  nearer  home* 
Who  made  our  State  constitution?  The ordi^ 
nary  Legislature.  There  was  no  convention* 
The  gentleman  on  my  left  (Mr.  H.  Naiiaoii) 
whispers  that  they  called  themselves  a  conven* 
tion.  If  then,  we  call  ourselires  a  convention^ 
will  it  give  us  the  power  of  altering  the  Consti- 
tution f  By  no  means.  What  then  aives  vali- 
dity to  the  Virginia  constitution?  What  then 
nukes  her  citizens  look  up  to  it  with  veiieratioii| 
as  the  unalterable  charter  of  the  Govemmeat? 
The  consent,  universal  understanding,  and  ac- 
quiescence ot  the  people  I  It  was  formed  in  a 
moment  of  difficulty  and  danger,  by  the  ordinary 
Legislature ;  it  was  promulgated  as  the  frame  of 
government ;  it  has  been  acquiesced  in  as  such, 
and  is  now  as  much  the  constitution  of  the  State 
as  the  instrument  we  have  sworn  to  support  is 
the  Constitution  of  this  Confederacy. 

It  is  true,  that  all  sorts  of  precedents  are  not  to 
be  regarded.  It  would  be  absurd  to  speak  of  the 
alien  and  sedition  laws  as  precedents.  It  would 
be  absurd  to  attribute  the  sanctity  of  national 
acquiescence^  to  measures  which  were  received 
with  the  deep>tooed  murmurs  of  national  disap- 
probation. 

It  majr  not  be  improper,  after  these  general 
remarks  in  relation  to  the  spirit  with  which  the 
Constitution  should  be  construed,  to  say  some* 
thing  on  the  subject  of  the  terms  "  necessary  and 
proper"  in  that  Constitution.  The  gentleman 
from  Virginia  (Mr.  Barbour)  seems  to  think 
'*  necessary"  means,  absolutely  necessary.  [Mr. 
Barbour  denied  that  he  had  said  so.l  Sir^I  do 
not  mean  to  mistake  the  remarks  of  my  friend 
from  Virginia;  and,  I  hope  he  does  not  take 
amiss  my  mistake.  We  have  known  each  other 
from  our  boyisih  days,  and  I  have  never  felt  for 


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msioax  OF  cenraarai. 


H»  w  R« 


otS^R^NEt  ^^MV^'OVVMBi^^b 


in  iftbB,  ^tMo. 


Th«  preseot  debftie  OMiiot  lessen  or  affeet  t4i<tte : 
Mitiinettts.  It^n  oDiy  produce  ooe  effeot^to 
hMVMMe  loy  htffh  estimate  of  his  abilkm  hj  Ihe 
ir<lttderfiil  ^Bipli^  Hi  his  powers,  which  we  Iwte 
WiMessed  tfa.  this  present  occasion.  Anotiier 
gtaileciaii  ttiitb,  Tirgiina,  howerer,  has  certainly 
«#^ted  the  idea  tlwt  ^^neeessary"  most  mean 
*  mol«tc4y  neeeseary''  by  declaring  that  we  cam 
Mtetoiie  no  ineidenfal  power,  unless,  withont  h 
^e  grttot  of  the  ^express  power  would'  be  nnga- 
Wry.  Bot,  fliir,  if  ^  absolntely  necessary"  means 
nore  than  "  neeesMiry,*'  I  ask,  by  what  rigbt  gen- 
Ikmim  Intorpolate  into  the  Conatitotion,  which 
^ey  fionetroe  so  strictly,  so  fanportent  a  word  ? 
Orlicrtr  OM  it  be  said  of  any  one  mean  that  it  is 
ibiOliftely  necesiBary  to  effect  the  end;  since,  hi 
ahtfoai  rrery  imaginable  ease,  more  than  one 
mean  may  be  conceited  of  effecting  any  giren 
oM^t. 

The  gevtlnman  (Mr.  BAnBOtrn)  certainly  has 
oatfwidefd  that  onr  right  to  make  military  roads 
la  tile  resolt  onW  of  extremity-*-of  an  extreme  ne- 
oaswty,  which,  by  the  laws  of  nations,  woold  gire 
a  Yitht  to  march  throngh  nentral  territory.  And 
aaniieiFcally^eliere  that,  in  relation  to  the  power 
tff  dairying  ^on  w«r,  we  were  intended  to  enjoy 
OHiyihe  powers  given  by  the  kwsof  nations? 
lie  t^lft  «s  we  cannot  cut  a  military  road,  aniens 
onr  army  shonid  be  placed  in  a  Atnation  from 
%»teinh  we  cNmld  not  retreat  without  cutting  one^ 
9M  hofW  shall  it  be  cut  when  we  are  premd  fay 
gn  oneiayl  It  wouki  be  impossible^and  thus 
haaems,  to  use  the  dear  lantuage  of  the  gentle- 
marn  from  8outh  Carolina,  (Mr.  LowHnB8,Twhen 
il4s  piacticable  it  Is  unconstitutional,  and  when 
it  Is  Oaniititutional,  it  is  impracticable.  In  reply 
to  Iha  dificnhies  suggestea  in  the  report  of  the 
selact  eommittee,  in  lilation  to  the  transport  of 
fliilitary  atores  and  munitions  of  war,  the  same 
(an^einan  has  said,  that  we  might  establish  ar- 
aemris  along  the  firontier  Where  arms,  ^.,  would 
be  wanting;  and  that  thus  it  was  manifest  mili- 
tary TO»ds  were  not  indispensable.  My  worthr 
friend  from  Soutli  Carolina,  who  lias  too  much 
ddicacy  to  speak  disrmectf oily  of  any  argument, 
tes  yet  so  forcibly  illustrated  the  impolicy  of 
tttadng  onr  nrsenals  and  magaxtnes  within  the 
jaws  of  the  enemy,  that  I  am  satisfied  the  gentle- 
ttan  will  }>erceire  his  system  of  construction  to 
be  impracticable  and  inconsistent  with  the  wis- 
dom and  views  of  the  fVamers  of  the  Constitution. 
Sir.  the  gentleman  has  told  us  that,  on  our  prin* 
nlpiei  af  construction,  the  instrument  is  nothing  but 
paner  and  packthread.  I  will  tell  him  that  on  his 
prnoiples  it  is  not  even  that  *  He  shaved  it  away 
oy  bis  acnM  and  ingenious  mode  of  reasoning, 
nniR  you  may  see  throush  it.  It  is  so  attenuate 
as  to  i>e  impalpable,  ft  is  of  no  practical  use. 
l%e  Qovernment  could  never  have  been  set  in 
motion  upon  his  principles.  la  short— this  Con* 
ititutloa,  which  will  not  permit  us  to  prepare  for 
onr  defence  against  a  foreign  foe— this  wonder* 
M  instrument,  so  much  the  subject  of  our  admi- 
ration, and  so  xealoutly  defended  by  gentlemi 


it,  npon  their  -priapeiples.n  miatfrabiefsrtmit,  mn 
•one  gun  of  whidi  can %e bronghtto  bear  npOn  Mi 
enemy,  while  its  wliole  artillery  ia  most 'admira- 
bly noiated  against  the  garriaon ! 

Bir,  this  doctrine  of  oxiromity  maf  be,  and  haa 
been,  carried  too  fa?.  It  is  not  conceivable  ilMt 
the  Constitutional  neeesaity,  iHiieh  %\m  frMMia 
of  this  iastrunvent  in«endnd  should  ^nfer  right, 
ra«it  be  that  extreme  necessity  wliich  is  mbova 
right.  It  never  could  have  been  intended  thnt 
we  should  be  driven  lo  extremity  tefore  we  cetrtd 
act;  that  the  public  enemy  muat  be  npda  na'b»' 
Uft^  we  can  construct  a  military  road.  Conaii>> 
tntlonml  diffitulties  of  tihis  description,  It  wouli 
seem,  are  not  confined  to  this  body.  In  a  «(Bnaln 
great  city,  not  a  tbonsand  miles  o%  and  at  a  lie* 
riod  not  a  hundred  years  remote,  a  great  ^ueatmi 
aroee  on  the  corporation's  constitmtonal  powevc 
to  build  n  bridge.  A  bridge  was  erecting,  mad 
^eabutmenu  oonatrvcted  for  throwing  a  oobia 
arch  of  atoae  over  the  stream  which  ran  througli 
the  city,  when,  all  at  once,  a  scruple  arcneas  10 
the  power  of  making  a  stone  arch.  The  hridgn 
makers  very  ftttrly  contend  that  as  thev  kai 
power  to  build  the  bridge,  they  possessed  ine  ae« 
oeasary  ix>wer  of  constructing  the  arch.  But  th« 
constitutionalists  very  ii^niously  and  snbtily  r«* 
plied,  that  as  a  bridge  might  be  made  of  siHstind 
slecners  of  wood,  a  stoae  arch  could  not  be  i^ian* 
Imely  necessary ;  and  the  power  Was  therofom 
not  given,  unless  indeed  a  caae  of  extremity 
shouM  exist  which  might  Justify  it.  Their  coun- 
sels prevailed.  A  wooden  bridge  was  'erected, 
and  the  loods  came,  and  the  torrents  roared^  and 
the  conetitutional  bridge  was  in  imminent  dan*- 
ger  of  being  swept  away.  Then  the  eonstitutioa* 
alisCs  were  heard  to  ory  oat  ^  the  extremity -haa 
arrived,  yoa  mny  now  construct  the  stone  archt* 
bat,  alas!  it  was  too  late!  The  workmen  pnn 
nounced  it  impassible ;  and  the  members  of  the 
corporation,  in  looking  on  while  the  bridge  wai 
mingling  with  the  flood^  could  bot  sigh  at  the  roi^ 
flection,  that,  by  their  singular  charter,  what  wna 
practicable  was  unconstitutional,  and  what  waa 
aonatitutional  was  impracticable ! 

I  shall  not  prc^nd,  Mr.  Chairman,  to  pass  ovnt 
the  whole  ground  which  other  gentlemen  h«vn  ao 
ably  occupied  in  support  of  these  resoiutiana* 
For  this  reason  I  shall  not  find  it  neceasary  na 
comment  nt  large  upon  the  meaning  of  the  word 
'*  establish"  in  the  post  office  clause.  Whathur 
^establish"  means  "* caostmet,'*  may  well  b«  left 
to  atand  upon  their  arguments  I  will  howev^i^ 
add  these  suggesttena  on  this  point:  If  the  powev 
*^  to  esublish  seminaries  of  learning"  twd  bean 
given,  would  not  that  term  have  Justified  **  thn 
construction"  of  colleges,  and  the  acquirement  i»f 
collegiate  property  ?  If  the  power  to  <*  ettaidiak?* 
post  ofllces  gives  the  power  to  rent  or  purchnaa 
post  officM,  w4iich  has  always  been  exareiaod 
without  dispute,  is  it  not  equally  £ilr  to  tiadai^ 
sUttd  the  power  ''to  establish"  post  roads,  aa 

giving  at  least  the  power  to  oMke  them  with  tha 
tates'  assent?  I  will  also  add.  the  Ariiales  (oT 
Confederation  did  not  authorixe  the  estabkshmant 
of  post  roads:  it  applied  only  to  post  oflkes    Whf 


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Ami  iPtM  <lie  oMratr  irordi  iMirfH,  if  tsitbtfsli 
Miy  Hi^ftiil  10  deifigDMe9  Tho  td^igtuitfoti  of 
the  iAce  WM  mlway s  ft  sdBtieiit  desigrnacioa  6f 
tlM  fCMi4.  The  argQinefit  derires,  too,  addittotwl 
ftttte  fVcn  the  emttAenmiofi,  that  the  worAi  **  tM 
MM  Ma^  werB  not  in  the  first  drai^t  oT  the 
OeniMlciitfoii,  but  were  iDtefHaed. 

W^mfifW^  part,  hoi»eter,  lam  dkpoe^  to 
eoaiider  the  power  elf  iaproTiBg  the  post  roads 
iMier  sis  an  aeeessarf  to  the  power  of  estahHsh- 

apovt  i^eea  and  post  roads.  I  a«i  iodiaed  to 
eofiatt«ieii6a,  beoaose  I  km  not  disposed  to 
iWaiA  ilie  iaeaaiag  of  any  ktm  in  this  CoMtitiF- 
tkm.  iwottid  assQtne  indisputable  ground.  I  de 
ttoi  find  myself  oaUed  upon  at  this  time  to  say 
hfS^  ftir  we  ean  g[o,  bat  I  am  satisfied  with  say- 
ill|(,  conftdeatlt ,  tbat  we  ean  safely  go  as  far  as 
is  aometaiplaced.  It  is  sufficient  for  me  that  we 
Mui  ooaatitatioaairy  do  what  the  public  good  re- 
^Birea^  and  I  do  not  find  it  neeessary  to  decide 
witaiher  We  can  do  more.  Hence,  i  haYe  already 
Y#tad  in  the  Committee,  and  shall  continue  to 
WDSe  in  the  Honse^  against  thoee  resolutions,  which 
aisert  the  power  of  Congress  to  construct  roads 
md  eaaals  without  the  consent  of  the  States.  I 
confess  myself,  indeed,  stronglr  inclined  to  the 
Of  iaioo  that,  in  the  exercise  or  these  incidental 
nowen^  the  assent  of  theSutes  must  be  obtained. 
I  atcted  to  the  Committee,  the  other  day,  some 
wsoai  for  this  opinion,  iind  shaU,  before  I  cen- 
elwdei  toaeh  upon  the  soWect  once  more. 

I^hegemteman  from  Virginia  (Mr.  DAnnotja) 
MUmm  to  me  to  hat^  conceded  here  the  whole 
mund.  1^  admits  the  tight  of  Way  to  be  giten 
ff  the  f«at  ofiee  daase;  and  he  further  acHnits, 
tbat  a  pest  road  once  established  by  Congress 
mmuu  be  situt  ttp  by  the  State;  though  it  may 
tftoOMHrnue  the  read  for  ail  other  purposes  except 
ihe  iransportatioa  of  the  mail.  What,  then,  is 
1^  inference  f  Either  that  the  State  is  bound  to 
lieep  Mm  road  in  repniv  for  the  use  of  the  United 
States,  out  of  the  Seaie  funds;  or,  that  the  Uni* 
tad  States  may,  with  their  own  Ainds,  and  with 
tiM  Sute  assent,  put  the  post  road  in  repair, 
(whivh  is  the  position  I  contend  for ;)  or,  that  the 
pact  roads  of  the  Uaited  States  may  be  permitted 
as  ga  tiftirely  out  of  repair,  grow  up  into  a  wilr 
Aamas,  and  become  imipassable,  by  which  means 
fie  ledeial  Oovemtnent  can  neither  exercise  the 
pawer  nor  pelrform  the  duty  arising  out  of  the  post 
dficatkrase.' 

TMs  latter  Mpposttioa  cannot  be  contend^ 
Air;  a«i  the  gentleman  may  bave  his  option  as 
•a  ike  two  Ibrmerk  For  my  own  part,  as  a  iorer 
9i  Smte  rigbfis,!  should  ainoh  rather  see  the Uni^ 
t9d  Stales  tepairing  the  roads  out  of  their  own 
taiiii,  than  compelling  us  to  repair  them  out  of 
Mia.  It  is  not  diffioult  to  ilecide  which  would 
km  Ike  BKMt  daagerous  iamsion  of  State  sorer- 

^fke  savie  guntleman  has  laid  it  down  as  a  rule, 
tint  there  must  be  a  <*  direct  relation"  between 
Ihra  express  power  and  the  incident ;  and  it  is  also 
aottcended,  (though  the  position  is  entirely  un- 
••pponed,)  that  Ae  ineidenml  power  must  not  be 
giuatar  than  the  priocipaL    It  is  smrely  not  diffir 


Cult  to  show  a  ^  direct  relation*'  between  the  dtny 
of  carrying  the  tnaii  and  the  power  t6  tender  the 
roads  passable.  How  much  less  (ttreet  in  its  irela* 
tion  is  the  power  of  hanging  a  robber  of  tlie  mail 
under  the  power  of  eetaUishiog  rhe  iroad  1  A«d| 
unless  the  life  of  a  cititen  is  considered  Wnim* 
{Mrtant,  it  may  also  fkirly  be  aUcged  that  then 
lis  a  gtsister disproportion  between  this  powers 
han^aff  and  Ihe  establishment  of  a  road,  than  be- 
tween the  powerof  declarii^  tod  earryingon  W«i^ 
and  that  of  making  a  military  ifoad  with  a  view 
to  its  successAil  prosecution. 

The  two  gentlemen  <Vom  Viiginiii,  hoirtftisr, 
(Messrs.  BARBo^aand  IfEi;80M,)  and  piirticulatfy 
the  lasti  hare  contended,  that  the  following  ctause 
in  the  8th  sectien  of  the  first  article  Af  *  the  Con:- 
stitucion,  prores  ^at  it  nerer  was  intended  thai 
the  PederalGtori^nmentshould'acqnireanyrMil 
in  the  soil,  in  any  of  the  States,  except  9n  tne  &# 
instances  fbere  specified. 

That  clause  is  in  these  words:  ^^longress sbaH 
^hate  power  to  exercise  ^lolusiTC  legislation^ 
*  dtc,  oc.,  and  to  exercise  like  authority  oirer  du 
'  places  pnrshased  by  the  consent  of  the  LegiMa- 
^  tare  of  the  State  in  which  the  same  shall  m,  for 
'  the  erection  of  forts,  masezines,  arsenals,  doek«> 
^  yards,  and  other  needful  buildings."  And  gen* 
tlemen  say,  that  bad  the  Conrention  contemplated 
the  right  of  this  Gk>rernmenc  to  acquire  property, 
«if  JiWM^  fVom  the  States,  they  would  not  hare 
conferred  expressly  these  trivial  peirers  to  ac- 
quire smallbiecCs  of  propeKy  for  certain  specified 
purposes.  The  argument  is  incortect.  It  is  found* 
ed  on  a  false  tonceptioQ  of  the  passage.  It  ii 
based  on  the  supposition,  that  this  clause  fftfes 
the  power  to  purchase  forte,  tbt.,  when  e  slight 
inspection  Will  prore  that  this  is  net  thie.  The 
dense  gives  jurisdiction  only ;  it  dees  net  gi^ 
the  right  to  purchase.  On  the  conthiry.  it  for^ 
ttishes  to  us  mi  irresistible  at^meht,  that  the 
power  of  purchase  was  taken  for  granted ;  for  the 
power  is  not  giren  expressly  anywheve,  b«it  ihe 
mention  of  it  here,  incidentally^  only  shows  that 
its  existence  whs,  nevertheless,  clearly  eont^m* 
plated. 

Sir.  this  is  not  only  the  fair  construction  ^ 
this  euuse  of  the  Constitution,  but,  I  Will  proceed 
to  show,  that,  from  the  commencement  df  the 
Government  to  this  day,  the  Federal  QovernmeM 
has  proceeded  upon  the  presumption,  thftt  it  had 
a  ri^ht  to  acquire  pioperty  by  purchase  end  by 
cession  fVom  the  States. 

1  Win  first  mention  custom-houses,  sAtthe  6t 
which  have  cbst  large  sums  of  money;  whe^r 
purchased  under  the  power  to  regulate  cotomel^ 
or  the  general  power  here  asserted  of  acquiHbg 
property,  the  construction  Which  justifies  them  is 
at  least  as  latitudinous  as  that  we  contend  for. 

The  Harper's  Ferry  purchase.  We  bad  th6 
noWer  to  purchase  the  site  for  an  arsenal,  but  we 
had  not  only  purchased  this^  but  two  considera* 
ble  tracts  of  lend,  one  of.  which  does  not  lie 
eotttigacus  to  the  arsenal,  but  at  some  distance 
from  it. 

The  property  owned  by  the  United  ^States  in 
this  Districts    But  as  these,  together  With  a  va* 


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tieif  of  othert,  may  be  soppoted  referrible  to  some 
other  power  in  the  Coostitotion,  we  shall  pass  on 
to  what  is  more  important. 

The  purchase  of  Loaisiana.  Where  will  geo- 
tlemeo,  opoD  their  principles  of  construction,  find 
the  justiocfltion  of  this  measure  ?  [Mr,  Nelson 
rose,  and  referred  it  to  the  power  of  admitting 
new  States  into  the  Union.  Mr.  Babboor  said, 
it  had  been  referred  to  the  treaty-making  power, 
but,  whether  richt  or  wrong,  it  would  not  operate 
as  a  precedent  for  him.j] 

As  to  the  clause  admitting  new  States  into  the 
Union,  it  clearly  refers  to  States  to  be  composed 
oat  01  parts  of  the  United  States.  If  not,  yet 
there  are  two  sufficient  replies  to  the  argument. 
First,  that  Louisiana  was  not  admitted  as  a  State, 
bat  as  a  Territory,  the  property  of  the  United 
States.  Secondly,  that  unless  it  be  admitted,  as 
we  contend,  that  we  have  a  right  to  spend  the 
revenues  of  the  Union  for  the  national  advantage, 
we  had  no  right  to  lay  out  our  mone^  in  the  pur- 
chase of  the  State,  even  if  we  had  a  right  to  admit 
it  into  the  Union.  And,  moreover,  the  right  to  ad- 
mit the  State  could  not,  of  itself  Justify  the  Uni- 
ted States  in  acquiring  for  the  General  Govern- 
ment the  immense  quantity  of  public  lands  which 
it  holds  in  that  Territory. 

As  to  the  treaty-making  power.  This  is  a  still 
more  unsubstantial  ground  to  rest  apon.  For 
there  is  one  principle  which,  in  this  House,  we 
hold  sacred ;  that  whatever  may  be  the  treaties 
made  by  the  Executive,  we  are  not  obliged  to 
make  the  appropriation ;  still  less  can  the  treaty 
eompel  us  to  make  an  appropriation,  which  gen- 
tlemen tell  us  the  Constitution  does  not  aothor- 
ize.  But,  it  is  further  to  be  remarked,  that  the 
appropriation  of  two  millions  for  that  purchase, 
was  actually  made  a  considerable  time  before  the 
treaty ;  so  that,  unless  the  effect  can  produce  the 
cause,  the  treaty  cannot  be  resorted  to  to  defend 
the  act. 

The  Committee  will  understand  me  as  by  no 
means  arraigning  these  measures,  which  I  deem 
not  only  Constitutional,  but  highly  expedient  and 
bene6cial,  but  as  contending  that  they  cannot  be 
jostified,  except  upon  the  principle  I  advocate, 
''that  the  Federal  Government  has  a  right  to 
purchase  property  for  national  benefit,  with  the 
national  funds." 

The  next  purchase  I  shall  mention  is  the  Mis- 
siisippi,  purchased  from  Georgia.  To  get  rid  of 
this  dimcuhy,  the  gentleman  from  Virginia  (Mr. 
NiLaoM)  contended,  that  it  had  been  conquered 
from  Great  Britain  by  the  Union ;  that  Georgia 
had  DO  title  to  itj  that  it  never  was  within  the 
•etiled  limits  and  jurisdiction  of  that  State.  The 
fact  is  mist akfQ,  and  the  argument  more  so.  The 
fact  is  miitaken*  To  a  great  part  of  the  ceded 
territory  the  United  States  never  asserted  any 
claims  and  I  understand  from  a  ffentleman  from 
Georgia  before  me,  (Mr.  Cobb,)  that  a  county  on 
the  Missis&ippi,  called  Bourbon,  within  the  ceded 
territory^  w&5  laid  off  by  that  State  before  the  ces- 
sion. The  argument  is  as  incorrect  as  the  fact  is 
mistaken.  If  Georgia  had  a  title,  then  we  have 
purchased  a  title  to  land  with  our  resources, 


which  was  the  exarcise  of  that  very  power  ia 
controversy;  if  not,  then  we  gave  to  Georgia 
$1,200,000  for  nothing.  Now,  if  the  ConstitaUon 
does  not  permit  us  to  lay  out  our  monev  in  ae- 
quiring  property,  or  in  giving  aid  to  public  im* 
provement,  I  should  be  happy  if  the  honorable 
gentleman  will  point  out  the  clause  which  aa* 
thorizes  us  to  give  away  the  public  money,  with- 
out any  consideration  at  all. 

The  next  case  1  shall  mention  is  the  Virginia 
cession,  made  under  the  circumscribed  powers  of 
the  old  Confederation.  If  a  power  to  receive  a 
cession  of  territory  existed  under  that  instrument, 
it  cannot  be  denied  under  this.  Under  that  in- 
strument, the  immense  western  territory  of  Vir- 
ginia, conquered  by  her  arms  under  the  gallant 
General  Clarke,  was  ceded  to  the  Confederacy. 
Will  the  ffentleman  deny  the  title  of  Virginia  1 
Will  he,  the  champion  of  her  rights,  assert  that 
she  had  no  claim  to  this  property  ?  He  will  not, 
he  cannot.  Whilst,  therefore,  according  to  his 
argument,  the  Mississippi  cession  furnishes  an 
instance  of  our  giving  away  our  money,  withoat 
consideri^tion,  the  Virginia  cession  affords  an  ex- 
ample of  our  receiving  a  valuable  consideration, 
without'givinff  away  our  money. 

A  strong  inference  in  relation  to  this  power  of 
acquisition,  from  one  of  the  Confederacy,  is  af- 
forded by  this  cession  of  Virginia,  made  to  tiie 
Union  not  more  than  a  year  before  the  adoption 
of  this  Constitution.  If  the  convention  had  not 
intended  this  power  to  be  exercised,  which,  under 
the  still  more  narrow  provisions  of  the  Confed- 
eration, had  been  deemed  legitimate,  why  does 
the  Constitution  contain  no  provisions  inhibiting 
it  to  the  Federal  Government? 

Sir,  I  do  not  call  in  question  the  validity  of 
these  cessions.  I  believe  them  Constitutional;  ' 
but  as  they  cannot  be  supported  on  the  grounds 
assumed  by  gentlemen,  and,  as  they  disclaim  the 
only  principles  on  which  they  can  be  justified,  it 
is  to  be  hoped  that,  in  fulfilling  the  important 
dutv  of  supporting  this  Constitution,  they  will 
make  amends  for  the  errors  committed,  by  rece- 
dipg  to  the  States  their  respective  territories.  It 
is  not  enough  for  gentlemen  to  say  '*  these  prece* 
dents  do  not  bind  us.  We  do  not  justify  these 
acts."  It  becomes  their  duty  to  repair  the  breach 
in  the  Constitution,  bv  a  prompt  repeal  of  tbe 
unauthorized  acts.  It  thev  will  effect  this,  tkey 
shall,  indeed,  be  called  the  defenders  sf  the  States. 
Georgia  sunds  here  ready  to  receive  back  her 
lands  and  give  you  your  money  again ;  and  my 
parent  State  l^If  you  will  only  recede  what  siie 
has  lavished  upon  you,  she  will  no  longer  be 
found  begging  at  your  doors  for  a  little  bit  of 
land  to  discharge  the  just  claims  of  her  soldiers, 
of  which  they  have  been  deprived  by  fraud  or  by 
mistake,  in  this  very  contract,  whose  validity  is 
now  called  in  question. 

I  will  only  add  one  other  instance  in  relation 
to  the  United  States  acquisition  of  property.  By 
the  direct  tax  laws  it  has  been  provided  that 
wherever  there  was  default  in  the  payment  of 
the  land  tax,  and  upon  the  sale  of  the  lands  no 
person  would  bid  the  amount  due,  the  land  should 


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H.<MrR. 


W  poiehased  ibr  the  use  oC  the  United  States. 
Tbe  gentleaiao  whispers  me  that  they  were  di- 
rected to  he  sold  again.  Bat  antil  the  sale  It  was 
the  United  Stales  property ;  and  the  resale  may 
he  made  or  not,  according  to  the  pleasare  of  the 
GioTeroment.  Here,  then,  is  a  mode  by  which 
the  Union  may  be  gradually,  yet  constantly,  ac- 
qniiiog  property  ip  the  States.  If,  then,  the  gen- 
tleman's argument  that  Congress  has  exclusive 
jarisdiction  oyer  all  the  property  it  possesses,  un- 
der the  power  to  make  "  needful  rules  and  regu- 
lations'' be  correct,  here  is  a  mode  in  which  the 
most  extensive  exclusive  jurisdiction  is  to  be 
acquired  within  the  States.  But  the  deduction 
of  the  gentleman  is  Incorrect.  The  fair  construc- 
tion of  the  clause  he  refers  to,  when  connected 
with  the  clause  in  the  8th  section  on  the  subject 
of  exclusive  jurisdiction,  does  not  give  jurisdic- 
tion over  property  thus  acquired.  It  only  ^ives 
the  right  to  make  rules  with  respect  to  its  dispo- 
sition and  management. 

I  shall  not  detain  the  Committee  with  the  nu- 
merous instances  in  which  the  United  States 
have  acquired  property  within  the  States — some- 
times with,  sometimes  without,  their  assent.* 
But,  before  I  quit  this  part  of  the  subject,  I  will 
beg  leave  to  reply  to  the  remarks  of  the  gentle- 
man (Mr.  Nelson)  on  the  Cumberland  and 
Plattoburg  roads.  These  works  he  has  attempted 
(as  1  understand  him)  to  justify.  The  Commit- 
tee referred  to  the  former,  as  an  instance  of  the 
appropriation  of  the  public  moneys  of  the  United 
States,  to  the  construction  of  roads  through  the 
aevend  States,  with  theii  respective  assent.  The 
«ntleman  justifies  this  work,  while  he  opposes 
tae  doctrine  chat  the  Federal  Government  can 
•Bpropnate  money  for  the  improvement  of  roads. 
How  does  he  justify  it  ?  Does  he  contend  that 
we  can  appronriate  to  those  purposes  the  proceeds 
of  the  sales  ot  public  lands,  but  no  other  funds? 
If  to^  and  if  an  appropriation  of  this  character 
will  soiv6  his  difficulties,  let  us  appropriate  these 
funds  for  internal  improvement  instead  of  bank 
fond.  I  shall  be  happy  to  receive  his  support  to 
lli«  proposition.  But  what  difference,  in  princi- 
ple, is  there  between  spending  on  roads  a  dollar 
that  came  in  through  the  customs,  or  a  dollar 
produced  by  the  sale  of  public  lands?  Or  how 
does  our  greater  comooand  over  the  fund  give  us 
ft  right  to  acquire  property  in  one  way  and  not 
in  the  other  1  The  gentleman  tells  us  we  bound 
oursrives,  by  a  compact  with  the  State  of  Ohio, 
U>  nudte  this  road.  Can  this  compact  justify  the 
act,  if  it  would  have  been  unconstitutional  with- 
oQt  it?  If  such  compacts  untie  the  Gk>rdian 
koot,  then  let  us  make  compacu  with  the  respec- 
tive Slates  to  effect  this  desirable  purpose  of  in- 
ternal improvement.    It  is  all  that  we  require. 

Sir,  the  Cumberland  road  cannot  be  supported 

*  See  the  finrt  volume  of  the  Laws  of  the  United 
Slalei^  (Bioren  db  Dnane's  edition,)  pages  664,  666, 
666,  667,  668,  679,  680,  681,683,  688,  684,  685,  686; 
tk»  whole  of  which  are  occopiad  bf  a  list  of  the  prop- 
si^  of  ^  United  States  in  different  States  of  the 
Union. 


under  the  act  of  cession ;  it  can  only  he  sop|>9rl'' 
ed  on  our  principles.  The  act  of  cession  provi- 
ded **  that  the  ceded  territory  should  be  consid- 
ered as  a  common  fund  for  the  benefit  of  the 
members  of  the  Confederation."  The  fund  is 
thus  placed  upon  the  same  footing  with  the  other 
funds  of  the  United  States.  There  is  not  a  syl- 
lable providing  for  or  directing  its  application. 
The  act  which  erected  Ohio  into  a  State,  in  di- 
recting the  application  of  a  part  of  these  funds  to 
the  construction  of  roads,  is  not,  therefore,  justih'^ 
fied  by  the  act  of  cession,  but  by  the  general  prin* 
ciple  that  we  may  expend  our  funds  for  the  hen- 
efit  of  the  Confederacy ;  and  the  acts  authorixing 
the  construction  of  the  Cumberland  road,  (whieE 
have  received  the  sfinction  of  several  Conmsses 
and  two  Presidents,  as  also  of  the  Slates  of  Penn- 
sylvania, Maryland,  and  Virgrnia,)  having  origi- 
nated in  the  act  last  mentioned,  can  rest  for  their 
justification  only  upon  general  principles,  aad 
not  upon  anything  peculiar  in  their  character,  or 
in  the  character  of  the  fund  which  has  been  em- 
ployed. 

The  road  from  Plattsburg  to  Sackett's  Harbor 
has  been  spoken  of  in  justificatory  language.  It 
is  said  the  soldiers  have  been  employed  on  fa- 
tigue duty  in  making  this  road.  If  we  have  the 
power  to  make  roads,  it  is  all  I  ask.  I  care  not 
whether  they  are  made  by  soldiers  or  citizens. 
Let  us— if  the  calling  our  laborers  soldiers  will 
justify  the  act— increase  the  number  and  appro* 

ffiate  our  funds  for  doing  the  work  effeetuallf. 
t  is  said  three  cents  per  day  additional  allowaaee 
is  all  that  it  costa  the  United  States.  Fifteen 
centa  additional  is  the  real  sum.  But  Is  these 
any  differenbe,  in  principle,  between  three  eeau 
and  three  hundr^?  It  is  said  the  road  was 
there  before.  But  is  there  any  difference,  in  prin- 
ciple, between  the  right  to  repair  the  road,  and 
to  make  it  anew?  If  there  be,  and  the  former 
he  Constitutional,  let  us  all  unite  in  appropriattM 
funds  to  repair  the  existing  roads.  We  shaU 
have  enough  upon  our  bands  in  this  view  of  the 
subject.  It  is  said  that  this  was  directed  by  the 
military  authority.  And  can  the  military  au- 
thority, in  time  of  peace,  make  a  rmid  without 
the  consent  of  a  State,  when  the  legislative  body 
cannot  authorize  it  with  their  assent  ?  Sir,  I, 
too,  approve  the  making  of  this  road,  but  not 
upon  these  principles.  1  approve  it,  because  we 
have  a  right  to  appropriate  our  funds  to  such 
purposes;  because  the  legislative  bod^  did.  by 
their  appropriation  of  fifteen  centa  additional  to 
the  soldier's  pay  for  this  purpose,  authorize  the 
act;  and  because,  althougn  the  State  assent  was 
not  formally  procured^  there  is  every  reason  to 
believe  it  met  with  universal  approbation. 

I  will  not  detain  the  Committee  by  enlarging 
on  topics  peculiar  to  military  roads.  There  is  no 
power  in  this  Constitution  more  extansive  than 
the  war  power.  It  never  could  have  beoi  in- 
tended by  its  framers,  who  had  felt,  through  a 
lon^  and  often  disastrous  war,  the  evils  of  too 
limited  powers,  that  this  nation  should,  in  sucb 
trying  scenes,  be  handcuffed  and  manacled.  It 
never  could  have  entered  into  their  views,  that 


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HISTOEY  OF  CONGRESS. 


1^^ 


H.OVR. 


Mtnud  imptotement9. 


Marchj  1B18. 


tbfs  CoDstitotioB  only  gave  such  rights,  in  rela- 
tion to  the  marching  of  armies,  as  the  laws  of 
nations  confer.  They  never  coald  have  intended 
ihAt  our  armies  should  be  placed  in  extremity 
before  they  could  begin  to  cut  a  road  for  their 
^ett^at  Or  accommodation.  They  were  men  of 
tht  world  and  statesman.  They  knew  that,  as 
fkr  back  as  recorded  history  extends,  roads  and 
bridges  were  essentials  in  military  operations. 
They  iJQUst,  therefore,  hare  intended  that  the 
power  to  make  them  should  be  Vested  in  the 
General  GoTernment,  as  accessary  to  the  power 
off  imising  and  supporting  armies  and  making 
war.  And  this,  of  itself,  furnishes,  a  sufficient 
answer  to  the  argument  of  gentlemen  "that  if 
tht«e  important  powers  were  intended  to  be 
tfiveh,  thej  would  not  have  been  left  to  be  in- 
ferred." If  considered  as  fairly  accessary  to  the 
war  ^Wer,  it  was  unnecessary,  and  would  have 
been  irapoper  to  specify  them.  The  principle 
of  exposition  contended  for,  sufficiently  evinces 
the  prudence  and  propriety  of  avoiding  an  expres- 
sion of  what  was  considered  as  implied. 

Sir,  the  events  of  the  late  war  rornish  us  a  les- 
sbn  on  the  subject  never  to  be  forgotten.  The 
transportation  of  our  cannon  to  Sackett's  Harbor 
cost  us,  it  has  been  said,  one  thousand  dollars  a 
gun,  and  floury  in  the  Northwest,  cost,  at  one  pe- 
riod of  the  war,  ninety  dollars  a  barrel,  on  ac- 
count of  the  difficulties  of  tran^ortation.  I  have 
before  me  a  history  of  the  Western  war,  where  I 
find  it  stated,  that  the  extra  expenses  of  transpor- 
tation, jbroceedibg  from  bad  roads,  would  have 
built  a  fleet  U|)on  the  Lakes,  and  that  each  was- 
oa  loaded  %ith  flour  fnever  more  than  eight 
barrels  to  a  load)  was  obliged  to  be  attended  by 
two  others  loaded  with  forage.  I  find,  also,  that 
to  the  dnadfui  state  of  the  toads,  which  pre- 
vented the  arrival  of  artillery  at  the  riv^r  Raisin 
in  time  for  that  disastrous  conflict,  is  attributed 
that  dire  event,  at  the  recollection  of  which  the 
blood  in  the  veins  of  every  American  must  run 
badk  to  its  citadel— the  heart.  [Here  Mr.  T. 
read)  from  the  History  of  the  Western  War,  pas- 
sages on  these  subjects.] 

But,  an  honorable  gentleman  from  Virginia 
(Mr.  Bmyth)  tells  us.  that  the  power  of  con- 
fllroeting  military  roads,  at  least  in  time  of  war^ 
^tots  bdoDff  to  the  Executive  department  of  Gov- 
emni«Dt,  but  that  the  Legislative  body  has  noih- 
ilig  to  do  with  it.  This  is  dangerous  doctrine, 
tkty  and  not  more  dangerous  than  ineorrett.  How 
do  tl^y  get  the  power?  Is  it  expressly  given? 
By  no  means.  It  is  an  accessary,  it  is  said,  and 
justly  too,  to  the  power  of  making  war,  and  rais- 
ing and  supporting  armies.  But  the  accessary 
follows  its  principal.  To  whom,  then,  is  the 
piineipal  power  given?  To  Congress}  and  if 
the  accessary  follows  the  principal,  the  accessary 
poitrer  of  makina  roads  b«loitgs  to  Congress  also. 
it  is  tmfe,  that  if  Congress  makea  war  apd  puts 
an  army  into  the  bands  of  the  President,  aeces^ 
sity  may  sometimes  comjp^l  him  to  exercise  this 
power;  but  it  is  a  necesmty  that  only  exctuea  an 
att  which  is  irregular  and  at  variance  with  the 
{irioctpftca  of  the  Constltotioa. 


Having  occupied  already  so  much  of  the  tink^ 
of  the  Committee,  I  shall  not  take  a  view  of  the 
question  as  it  relates  to  canals,  except  so  far  as  it 
is  connected  with  the  extensive  power  over  Ottr 
revenues  which  this  Constitution  has  given  us. 

This  power  *^to  raise  money  to  pay  the  d^Mt 
of  the  Union,  and  provide  for  the  common  dt^ 
fence  and  general  welfare,"  is  one  of  the  ttM, 
comprehensive  in  the  Constitution.    By  the  ek- 

f»ress  terms  of  th6  instrument,  there  is  no  o^tfr 
imitation,  except  that  the  object  of  expienditirre 
must  either  be  for  the  common  defence  Or  gen- 
eral welfare.  Indeed^  in  the  nature  of  thin^  It 
could  not  have  been  intended  by  the  convehtivn 
to  specify,  in  the  Constitution,  all  the  purposes  to 
which  revenue  mi^ht  be  applied.  Therie  is  noth- 
ing more  entirely  indefinite  and  general  than  the 
uses  of  revenue.  Money,  of  no  value  in  itself, 
except  as  it  will  command  what  we  want^  is 
capable  of  such  an  infinite  diversity  of  usiea,  that 
to  attempt  to  define  its  application,  is  to  descend 
into  the  mimUia  of  human  transactions.  I  can- 
not, therefore,  conceive  that  it  was  the  spirit  and 
intention  of  the  clause,  to  confine  the  elpeudf* 
ture  of  money  to  the  objects  sp^ified  in  the  suc- 
ceeding enumeration  of  powers.  The  gentleman 
from  Tennessee  (Mr.  Jones)  has  saved  me  the 
trouble,  by  his  clear  and  logical  argument,  of 
showing,  that,  according  to  no  fair  principles  of 
construction,  can  the  powers  "  to  borrow  money," 
and  those  which  follow  in  the  same  clause,  be 
considiered  as  dependent  upon  this  general  clause. 
They  are  all  as  independent  of  this  as  they  are 
of  each  other.  Each  depends  alone  Upon  the 
commencing  words  of  the  section— "  Congreai 
shall  have  power." 

Bat  some  gentlemen,  fearfbl  of  this  ^We^ptog 
clause,  as  it  is  called,  contend  that  there  is  a  fair 
implication  that  the  expenditure  is  to  be  applied 
to  the  specified  objects  \  that  upon  aiiy  other  con- 
struction the  powers  of  the  Federal  Governmeiit 
would  be  as  extensive  as  the  wants  of  t6e  nation, 
and  sWallow  up  all  the  powers  of  the  Statea.  1 
see  no  foundation  for  the  implication,  nor  do  I 
apprehend  any  danger  of  such  an  extension  of 
power.  While  in  relation  to  the  "coinmon  d<s- 
fence,"  there  can  be  no  pretelt  for  alarm,  there 
fteems  to  me  not  more  reason  for  apprehension  ih 
giving  to  the  phrase  "  the  general  Welfare,"  in 
this  clause  of  the  Constitution,  its  plain  and  ap^ 
propriatie  signification.  We  cannot  exclude  Ihem 
from  an  instrument  which  we  are  toM  muat  be 
construed  with  so  much  preciston.  How  then  \t 
this  term  "general"  used?  To  indicate  nattoh- 
ality  \  to  point  oUt  that  the  object  of  the  public 
expenditure  must  be  thd  fiatunud  we^cari-'^ht 
welfare  of  the  Union  as  a  natit^n — contradistin- 
guished f>otn  the  welfare  of  th^  Stat^  a^  mem- 
bers of  that  Union.  Pursuing  this  plain  and 
obvious  meaning  of  the  terms,  there  is  no  damet 
of  the  National  Ctovernment  insiniiating  iteefT  as 
Hit  b^M  sugvested*  into  all  thole  conceriis  whieh 
T^re  ua^u^tidnabi^  hiteif ded  td  be  re^ervM  hi 
tha  StateiSi  It  id  ottiy  by  atttibtiiing  to  tbi^  itttk 
'<«ea^nd^  the  idea,  of  «  Uilii^enaiity,^'  of  #hieh  it 
is  not  here  susceptible,  that  any  foundation  Hkn 


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fttHvnol  If^iprffVfftifHH. 


H.9f^^ 


to  aflbriM  fov  1^9  M«rai  wbkh  Jni«  Vera  ei^- 


nt  those  who  apprehfode^  to  much  from  a 
•oositoeiioa  of  thk  eiaime,  which  woold  le«Ye  to 
Consress  the  oniiinited  disposal  of  the  rerenues 
of  the  Governmept^  would  cease  to  be  alarmed 
if  they  would  bat  reflect,  that  the  unHmited 
|Mawer  OTer  oar  fanda,  doea  not  imply,  of  oeoes- 
aiif.a  power  to  do  eTervtbioff  to  wmch  these 
fnaos  may  be  applied.  My  right  to  use  ipy  owa 
fwdB  at  pleaaure  is  always  ood  trolled  by  this 
ob?ioQs  restriction,  that  1  shall  oot  acquire  with 
them  what  belong  to  another,  withom  bis  cod- 
atBt«  I  huTe  a  right  to  lay  out  my  mosiey  ia  the 
purchase  of  your  property,  if  yoa  will  sell  it  to 
ma;  but  my  right  to  use  my  money  does  not 
takf  aw^y  yoar  right  to  keep  your  property. 
Tha  United  Stales  hare  a  right  to  appropriate 
mOBfif  to  make  canals,  it  is  true,  but  this  does 
Bot  giye  them  a  right  to  seize  the  proper^  of  the 
States,  and  make  canals  without  their  a^ent. 
The  power  oTer  our  funds  (unlimited  except  bi 
thjs  nationaJUty  of  the  object  to  which  they  must 
be  applied)  does  not,  therefore,  enlarge  our  pow- 
am  ot  dimmish  the  powaia  of  thA  Siatas. 

U  is  in  this,  I  concaiv^^,  the  error  lies.  Onr 
aifarttdes  now,  jnres^  upon  us,  what  I  prasame 
to  btfe  befit  the  Federal  docArlnea  of  1796^-thal 
th^  povei^  to  n^ae  money  to  proyide  for  t^ 
^^maral  welfare,"  eobugea  the  powers  of  the 
CNneml  Gjoiernment,  instead  of  merely  leaving 
it.  a  discretion  in  the  application  of  its.  fua^S 
to  objecto  that  ate  natienal  in  their  eharaatar. 
Suoii  la  doctrine  would  be  daagerona  indeed,  aad 
baa  therefore  a)wiiya  been  rery  properly  repelled^ 
BiU  the  riffki  o[  a^yiag  the  public  nftone/  to 
juuoni^  ob>eeta,  iiauted  and  controlled,  aa  of  oe- 


lity  it  must  be,  by  therighuof  the  Skates,  ia  a 
seiuury  and  Constitutional  rioht.  The  irat 
W4>uld  give  to  the  Fadetal  (lo?ernment  the 
power  of  making  roads  and  canals  in  spite  of 
tha  States;  the  last  only  asserts  the  right  to 
spemd  onr  money  in  improving  the  State  prop* 
erty,  provided  the  owne»  (that  is  the  Statjss) 

give  their  aaeeat  to  the  improTemani.    Thfi  first 
)  subKersif  e  of  Stale  rights,  the  last  admiu 


theia  and  resects  tham. 


ia.  this  view  of  the  siOQaet  wUoh.is  to  my 
mind  QMst  mtiafactory*  IC  it  be  not  founded  in 
mf|  we  have  a  right  to  suheqriba  to  the  stock 
of  a^y  road  or  canal  companies,  (whichever  iff 
the  moei  deaimbte  mode  of*  eflecting>  oar  ol^eotj 
or  wc  may,  with  the  aaieai,  imd  und«  the  kw# 
of  the  States  procat 4  to  the  epnatioetioo  of 
nm49  and  c^aU ;  tharighui  of  inOi^duala  being 
]p^trcte4  by  their  Slate  Vgislatucei^  and  by.thq 
pniTiaiofif  of  the  $th  arxicle  of  the  ameadmeou 
lo  the  Coostitutioa* 

To  itl«6tmter  thta  view  of  the  subject,  let  me 
aaks  if  the  United  Slates  had  a  deep  national 
iaterest  in  thie  inuHPVismeat  of  the  navigation  of 
the  Appalachicola,  from  the  Florida  line  to  the 
GMf,  through  the  Spanish  dominiani^  would 
tbey  cot  have  a  right  to  eipend  the  funds  of  the 
Uhioa  in  that  national  bbiecti  wUb.thc  assent  of 
Spain  1    It.  mm  ha  admi(ted«    Suppoaa  thiw 


purchase  Florida,  and  it  becomes  a  ^talo,  Mi 
the  national  interest  requires  the  same  improver 
ment  in  the  navigation ;  can  it  be  contended  that, 
thoof^h  we  had  a  right  to  use  our  funds  in  imr 
proving  a  Spanish  river,  with  Spain's  aseentK  wc 
cannot  improve  it  when  it  shall  become  one  ^ 
our  own  rivers,  even  with  the  assent  of  the  Stale 
through  which  it  passes  ?  Again ;  It  Ib  said  we 
have  now  an  absolute  right  to  apply  the  fundi  of 
the  Union  in  making  a  road  tbroush  Alahamc 
Territory ;  can  it  then  be  contended  that,  whan 
it  becomes  a  State,  this  right  to  apply  our  fimda 
will  cease,  even  though  the  State  w^nli  a»seai 
to  the  anplication  ? 

It  will  be  perceived  that,  in  every  view  of  tkh 
subject,  I  consider  the  avcnt  of  the  Sutee-asia 
term  ia  the  proposition.  I  do  n^t  feel  myadjf 
called  upon  to  decide  whether  wa  mcy  not  aaci 
go  further,  particu^rly  in  relation  to  miUtar^r 
roads*  It  is  enough  for  n^  th^i^t  we  can  apfun^ 
piate  ouf  funds  to  this  object,  which  alwcps 
implies  the  necessity  o£  State  assent  to  tkaaVir 
cution  of  the  work*  I  coniesa  layseU;  howeyer, 
iocliiied  to  the  opinion,  ttmli  nccordiaii  to  a  (air 
construction  of  this  instrument.  State  assent  is  a 
prerequisite  to  the  execution  of  any  permanent 
national  impri^vement*  The  occasional  con- 
suuction  in  time  of  wi^r  of  i^  road  for  miltery 
purposes,  must  always  be  justified,  in^ep^adflM 
of  as^nu  But  it  is  justified  by  a  necessity  whJMt 
seta  ri^ht  t^  naMhS.a^  does  not  themfora  fipti^rif 
•entjsr  into  this  disou^pn*  I  wilk  however,  tf||%> 
cinctl]^  state,  why  I  consider  the  CopistiMlliM  a^ 
requiring  the  assent  of  the  Statce^  W^cvevof  an 
incidental  power  affcctiag.  territorial  ughita  i»  lo 
be  exerted. 

In  the  9th  section  of  the  1st  e^idf^  of  Aa 
Coi^titution  before  cit^  where  the  po,wer  of 
purchasing  property  fqr  forts,  f^yaw»»iies,  aad 
dock;  yards,  is  incidentally  mentioi^  Um  ppwer 
seems  to  ha^ve  been  contemplated  aa  quaiified 
with  the.  i^eces^ity  of  obtaining  the  c^fcci^if 
the  States,  Then,  I  ai^a  thus;  U,  ia  ti^a^CM- 
ual  ni^ntion  of  certain  incideotai  nowers.affeiyi- 
iog  territory,  (such  as  purahasiiig  land  for  forW^ 
dbc^)  the  framr rs  of  the  Constitution  vpa^ifaff, 
their  un4efstanding  that  they  a^  u>  t^^coAsiMtr 
ered  an  qualified  by  t^a  necessity  of  p^oiMKiog 
tha  assent  ot  the  States,  it  is  iaii;  to  coocWd 
that  whecever  iocidaaw  powam,  wJuch;  intiKr 
fere  with,  ter^iiocial  r^ts  are  to  ha  fX|Mlfuf»  Mw 
must^ba  sulject  to  the  same  qi|a}ificatipnf  Ufm 
the  right  to  make  roads  as  necessary  to  t^ppn 
p%e  claps^  or  tha  Wftf-o|4|kjup|f  powieri  ia  apjin- 
cidentfi,l.ri|ht,  a^^l  interferea  w^th  the, territories 
Tigl^i^  of  the  Sutfas.^  I  aoncli^U^  thcrcfRcar  ^et 
it  can  o|Jy  b^  ei^cised  with  tl^a  assent  of  M|f 
States. 

Nor  let  me  be  upderstopd  to  contend  thai^ihe 
assent  of  ^  S^Ue  majtea  that.  Coostitut^M^, 
which  waft  not  so  befqra*  I  copceive  the. power 
to  be  given  by  thc|  Cpo^titutiop,  buf  tha,tv  sfte^c^ 
iog  to  a  fair  con^ructioo,  it  is  given  with  a  qfif^U 
ifica(ion  that,  t^e  State  a^^t, shall  bfi  obtfiiniad 
befofa  it  cf^n  be,  exercised* 

Such,  sir,  are  o^y  idieaa.  <i  tbjt  Cc^M-^M^ 


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1340 


d.orR. 


MmtTWU  /lllfM^0'O61fl6flfiff« 


March,  l§18i 


tad  of  the  question  before  as.  I  am  satisfied 
that  the  coDstruction  which  {  bare  given  to  it, 
is  act  calealated  to  prostrate  the  rights  of  the 
States,  or  to  consolidate  this  confederacy.  No 
man  can  be  more  alive  to  the  jast  rights  of  the 
States  than  myself.  None  can  be  more  sensi- 
.  tive  than  I  am  as  to  the  interests  of  my  native 
State.  But  I  am  satisfied  that  the  principles  of 
construction  contended  for  by  gentlemen  would 
render  this  Constitution  worthless.  So  con- 
strued, it  is  an  useless  hulk  upon  the  waters ; 
worm-eaten,  not  seaworthy ;  and  you  could  no 
more  calculate  on  its  bearing  you  safely  over  the 
tempestuous  ocean  of  politidal  afiairs,  than  you 
eotild  expect  your  gallant  Constitution — the  old 
Ironsides  of  your  navy — rigffed  with  a  single 
mast,  and  her  seamen  armed  alone  with  blud- 
geons, to  return  to  your  shores  from  the  conquest 
•f  the  Javas  and  the  Guerrieres  of  the  ocean, 
-  bearing  aloft  your  flag  amidst  the  acclamations 
of  your  people,  and  rendering  your  exploits  the 
enrv  ana  the  admiration  of  the  world  1 

The  Committee  rose,  obtained  leave  to  sit  again, 
and  the  House  adjourned  about  five  o'clock. 


Friday,  March  13. 

Mr.  Williams,  from  the  Committee  of  Claims, 
kaade  a  report  on  the  petition  of  Henry  Davis, 
which  was  read ;  when  Mr.  W.  reported  a  bill 
for  the  relief  of  the  said  Henry  Davis,  which 
was  read  twiee  and  committed  to  a  Committee 
t>f  the  Whole. 

Mr.  Williams  also  made  a  report  on  the  case 
of  Thaddeus  Mayhew.  transmitted  to  this  House 
by  the  Commissioner  of  Claims,  which  was  read ; 
when  Mr.  W.  reported  a  bill  for  the  relief  of  the 
said  Thaddeus  Mayhew,  which  was  read  twice, 
and  committed  to  a  Committee  of  the  Whole. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  passed  a  bill,  entitled  ^An 
act  extending  the  time  for  obtaining  military  land 
warrants,  in  certain  casee  f  also,  the  bill,  entitled 
'^An  act  fixing  the  compensations  of  the  Secre- 
tary of  the  Senate,  and  Clerk  of  the  House  of 
Representatives,  and  of  the  clerks  employed  in 
their  offices;  and  ihe  bill,  entitled  ''An  act  to 
provide  for  delivering  up  persons  held  to  labor  or 
service  in  any  of  the  States  or  Territories,  who 
shall  escape  into  any  other  State  or  Territory,'' 
With  amendmenu  to  each ;  in  which  bill  and 
amendments,  they  ask  the  concurrence  of  this 
House. 

The  bill  fVom  the  Senate  was  read  twice  and 
referred  to  the  Committee  on  Military  Afiairs. 

The  amendments  to  the  first  mentioned  bill  of 
tkts  House  were  read,  and  referred  to  the  Com- 
mittee of  Ways  and  Means. 

The  amendments  to  the  last  mentioned  bill 
were  read,  and  ordered  to  lie  on  the  table. 

On  motion  of  Mr.  Lawtrr.  the  Committee  on 
Pensionsand  Revolutionary  Claims  were  instruct- 
ed to  inquire  into  the  exp^iency  of  correcting;  a 
Bkistake  that  occurred  in  the  year  1808,  in  placing 
Captain  Thomas  Matchin,an  officer  in  the  Rev-, 
4>lotionary  army,  upon  the  pension  list,  at  ten' 


dollars  per  month,  when  he  ought  to  have  bestt 
placed  on  the  pension  list  at  twenty  dollars  pet 
month,  according  to  the  report  of  the  then  See- 
r^tary  of  War,  and  providing  by  law  for  the  eor* 
rection  of  such  mistake. 

INTERNAL  IMPROVEMENT. 

The  House  again  resolved  itself  into  a  Com* 
mittee  of  the  Whole,  on  the  resolutions  in  favor 
of  the  power  and  doty  of  Congress  to  authorize 
the  making  of  roads  and  canals  within  the  sev- 
eral States. 

Mr.  PmoALL,  of  Virginia. — I  had  intended  to 
address  the  Committee  in  an  earlier  stage  of  the 
debate,  but,  the  silence  which  the  deference  due 
to  more  experienced  members  impcMed  on  me, 
has  been  amply  rewarded,  for  the  chief  grounds 
of  argument  on  which  I  had  intended  to  dwell 
have  been  preoccupied  bv  ^ntlemen  who  hare 
handled  them  with  an  ability  to  which  I  could 
not  have  aspired.  I  have  risen,  however,  to  no- 
tice some  or  the  positions  of  those  who  question 
the  power  of  this  Government  to  apply  ite  re* 
sources  to  the  internal  improvement  of  the  coun- 
try, by  the  construction  or  roads  and  canals — po- 
sitions which  have,  probably,  escaped  the  views 
of  gentlemen  with  whom  I  shall  vote,  or,  indeed, 
may  have  been^  noticed  by  them,  but  in  a  light 
somewhat  diffierent  from  the  views  I  shall  tak« 
leave  to  submit.  Gkntlemen  on  opposite  sides, 
in  this  controversy^  espy  the  Constitution  of  the' 
United  States  in  difierent  and  very  dissimilar  as- 
pects. Whilst  those  who  affirm  our  power  to 
construct  roads  consider  the  Constitution  as  a 
modification  of  social  compact,  defining  and  con- 
ferring legislative  powers;  |^entlemen  on  the  other 
side,  who  deny  the  power  in  quesuon,  seem  to  be 
out  of  humor  whenever  the  instrument  is  viewed 
in  any  other  than  its  federative  character,  or,  as 
an  international  convention,  to  be  construed  as 
a  treaty  between  independent  Powers.  I  will 
not  undertake  to  deny  the  theorem  on  which 
several  honorable  members  seem  to  build  their 
argumento,  to  wit:  that  rules  of  iaterpretatioa, 
as  applied  to  a  fundamental  social  institution,  or, 
to  a  mere  treaty  between  sovereigns,  are  different 
as  to  their  latitude  of  operation;  and  gentlemen 
(with  my  leave)  may  assume,  that  a  treaty  shall 
receive  a  more  restrained  construction,  with  re- 

Strd  to  ffranted  powers,  than  a  social  compact, 
ut,  on  the  other  hand,  all  should  admit  that  the 
Constitution  of  the  United  States  is  a  compaet 
both  social  and  federal  in  its  characteE.  Hence, 
it  might  be  supposed  that  we  ought  to  interpret 
some  of  its  provisions  as  clauses  of  a  social  com* 
pact,  and  others  of  iu  provisions  as  clauses  of  a 
federative  alliance*  And  this,  again,  ihight  in- 
troduce the  inquiry,  whether  those  texts  of  the 
Constitution,  from  whence  we  seek  to  derive  the 
power  in  question,  be  social  or  federal  in  their 
character.  I  will,  however^  beg  leave,  for  a  mo- 
ment, to  consider  our  Constitution  as  a  mere  fed- 
erative instrument,  or  treaty,  between  the  twenty- 
States  of  the  continent ;  this  being  the  view  of 
that  instrument  which  seems  so  con^nial  to  the 
wish  of  those  who  oppose  the  rsMlttUona. 


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mSTOBT  OF  CONaRBSS. 


1S42 


Mabcb,  1818. 


Inttmal  ImpnvaiteKtB. 


H.OFR; 


The  CooitilQtioD,  then,  as  a  treatT  between  the 
tereral  States,  is  the  object  or  tobjeet  of  some 
eommon-plaee  rales  of  eonstractioD,  which,  if 
aot  altogether  self-eyident,  are  so  usoai  aad  uni- 
rersally  acknowledged,  that  I  should  think  it  a 
mere  waste  of  time  to  mention  them  were  it  not 
from  a  persaasion  that  indubitable  results  will  be 
aacn  to  flo#  from  their  recollection.  It  may  be 
assamed  as  a  primary  rule,  that  terms  or  words 
fboad  in  treaties  are  to  be  interpreted  in  their  re^ 
eeired  signification  in  the  sense  which  custom 
has  giren  them.  Again,  the  custom  which  pre- 
sides the  interpretation  is  the  custom  of  the  time 
in  which  the  treaty  was  concluded  or  drawn  up; 
and,  as  language  and  the  customary  signification 
of  words  vary  wiUi  time,  it  behooves  us,  in  seek- 
ing the  sense  of  treaties  of  past  times,  to  know 
theeomflBon  sense  qf  the  terms  used  at  the  time 
wiwn  the  treaty  was  written ;  and  this  can  only 
be  known  (according  to  national  law  writers)  by 
the  works  of  contemporaneous  writen,  by  the 
eontemporaneovs  acts  of  those  concerned,  and  by 
eariy  aeu  and  interpretations  by  those  who  lived 
and  acted  Hi  times  less  remote  than  ourselves 
from  the  origin  of  the  treaty. 

Here,  then,  we  find  a  core  for  what  I  consider 
as  the  error  ci  my  honorable  colleague,  (Mr. 
BaftBouR.)  when  he  asserts  that  precedents  are 
to  have  no  weight  in  construing  the  Constitution. 
That  gentleman  insists  that  precedents  are  only 
to  prevail  in  the  technical  proceedings  of  muni* 
tipal  courts,  and  are  to  lose  all  their  virtue  when 
aMdied  to  national  compacts  or  treaties.  In  truth, 
tae  a«thority  of  precedents  operates  in  an  inverse 
rfttio,  when  eomjmnd  with  the  idea  of  my  ool- 
Jeagiie.  for  the  teehiycal  rule  St  the  municipal 
eo«rt  discards  the  force  of  precedent,  unless  the 
point  quoted  shall  have  been  directly  and  ez- 
pccssJy  affirmed,  denied,  and  solemnly  adjudi- 
cated, otherwise  the  opinion  of  the  most  learned 
jodge  would  be  repudiated  as  an  ob/Uer  dictum: 
whoreas.the  deliberate,  but  theoretical  disquisi- 
I  of  those  who  had  an  opportunity  of  know- 


ing tbe  motives  and  objects  of  the  parties  are  ad 
vmed  to  in  ezpouiidittg  national  pacts.    Tbe 


or  politician  works  with  the  same 
took  that  enpioy  tbe  lawyer,  and  the  difierence 
ia  in  his  occasionally  seining  other  tools  to  which 
tiM  lawyer  is  not  entitled.  Tbe  statesman  may 
•all  his  sonrees  of  infonnatlon  contemporaneous 
pmetiee,  or  early  practice^  or  more  recent  acts  of 
•oMtnction  acquiesced  m  by  the  parties,  4kc., 
▼•Cy  after  all,  (as  I  have  remarked,)  he  only  dif> 
tmm  with  the  provincial  lawyer  in  resorting  to  a 
more  liberal  and  extensive  use  of  what  may  be 
tailed  precedents. 

My  eolieagne  also  supposes  that  legislative  pre- 
oadeats  prevail  in  the  British  Parliament,  but 
ought  to  have  no  weight  in  this  country.  I  agree 
that  ao  act  or  decision  of  the  British  Parliament 
can  famish  a  precedent  for  us,  and  that,  in  oues- 
tioaa  of  mere  expediency,'  precedents  can  have 
bat  little,  if  any,  weight  in  the  legislative  assem- 
bly. But,  with  regard  to  disputes  of  the  bound- 
1  of  legislative  power,  1  insist  that  a  defer- 
hto  prttadcau  is  the  property  of  the  Legisla< 


tore  of  the  United  States,  and  not  of  the  British 
Government.  The  British  Parliament  has  no 
limitation  to  its  legislative  powers,  consequently 
precedents  can  never  be  resorted  to  for  the  pur- 
pose of  showiog  the  precise  extent  or  limits  of 
powers  which  are  confessedly  unlimited.  But, 
although  the  power  of  British  legislation  knows 
no  limitation,  the  separate  powers  of  the  respec- 
tive branches  of  that  Qovernment,  in  their  rela- 
tions to  each  other^  are  so  limited  as  to  prevent 
collision ;  and  in  adjusting  questions  of  that  limi- 
tation, precedents  are  quoted  and  are  allowed 
their  proper  weight.  Hence,  it  is  seen,  that,  with 
the  British  Qovernment,  whenever  boundaries  of 
power  are  acknowledged,  or  certain  limits  pre- 
scribed, the  doctrine  of  precedents,  furnishing  the 
beacons  or  line  trees  in  the  road  of  certainty,  is 
necessarilv  attended  to. 

My  colleague,  in  drawing  lines  of  distinction 
between  the  Parliament  and  Congress,  quotes  it 
as  a  maxim  of  the  British  Parliament,  that,  what* 
ever  has  at  any  time  been  done,  maybe  done 
again.  If  tbe  proposition,  of  which  this  maxim 
consists,  had  been  affirmed  by  me,  as  a  postulate 
in  experimental  philosophy,  I  think  my  colleague 
would  have  yielded  to  iu  truth.  I  presume,  how- 
ever, he  quotes  the  proposition  in  a  moral  sense, 
and  if  he  thereby  meant,  that  whatever  had  been 
morally  and  properly  done  at  any  time,  might  be 
morally  and  properly  done  again,  I  would  claim 
that  maxim  as  the  property  of  our  Qovernment. 
But  there  is  no  sense  in  which  the  maxim  can 
apply  to  the  powers  of  the  British  Parliament,  for 
those  powers  being  destitute  of  limitation,  the 
Parliament  may  not  only  do  again  whatever  has 
at  any  time  been  done,  but  may  do  what  never 
has  been  done  at  any  time.  The  structure  of  this 
Qovernment  has  furnished  a  mean  whereby  the 
constitutionality  of  legislative  acts  may  be  tested. 
This  mean  administers  itself  through  the  instra- 
mentality  of  the  judiciary  department.  As  laws 
are  administered  by  the  judiciary  tribunal,  it,  in 
judging  of  the  validity  ot  those  laws,  and  in  de«> 
ciding  on  their  conformity  to  the  Constitution, 
interposes  as  an  umpire  between  Congress  and 
the  people.  Now,  all  will  admit,  that  the  Su- 
preme Court  of  the  United  States,  in  deciding 
the  question  whether  a  law  be  Constitutional, 
will  give  ear  to  the  authority  of  precedents. 

An  appropriation  of  money  to  particular  ob* 
jecu  may  beefiected  by  a  bill,  which  may  happen 
to  be  carried  into  execution  without  passtngthe 
ordeal  of  an  examination  by  the  judiciary.  0at| 
after  gentlemen  admit  that  the  judiciary  may  de« 
cide  on  our  Constitutional  powers,  that  the  judi* 
ciary,  in  making  that  decision,  will  adhere  to 
precedenu,  and,  consequently,  that  precedents 
have  authority  whenever  an  impartial  and  learn- 
ed umpilre  can  intervene  with  its  authority ;  wiU 
they  contend  that,  in  every  case  where  peeulttr 
circumstances  enable  us  to  carry  a  measure  Into 
executh>n  without  tbe  aid  of  the  judiciary,  and 
where,  of  course,  we  must  determine  the  validity 
of  the  power  ourselves,  precedents  are  to  be  re- 
jected? How  happens  it  that  precedent  shall 
have  (one  in  settling  tha  validity  of  one  Coasti- 


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1844 


H.  OF  R. 


Internal  hnpravemenU. 


Marcb,  181$. 


tutioDal  power,  and  be  rejected  when  the  questioa 
arises  od  another?  Is  it  because  in  the  latter 
case  our  infi;eouity  enables  u?  to  shun  those 
scientific  tribunals  which  the  Constitution  has 
created  for  its  own  preservation  ?  Myr  colleague 
(Mr.  Barbodr)  warns  us  of  the  importance 
of  the  question  now  under  discussion,  and  in- 
forms us  that  unborn  millions  will  be  affect- 
ed by  the  consequences  of  the  decision  now 
to  be  had.  But  how  are  unborn  millions  to  feel 
the  effects  of  this  decision,  unless,  being  had  upon 
full  and  mature  consideration,  it  be  hereafter  re- 
garded as  a  precedent  ?  Thus,  the  Committee 
may  have  observed  my  colleague  rendering  (as  it 
might  be  called)  his  involuntary  consent  to  the 
doctrine  of  precedent,  at  the  moment  when  de- 
daring  his  hostility  to  its  authority.  I  have 
dwelt  thus  much  on  the  topic  of  precedent,  be- 
cause I  am  convinced  that  the  previous  acts  of 
this  Government  go  to  strengthen  those  who  ad- 
vocate the  power  of  Congress  ;  and  because,  not 
onjy  my  colleague,  but  other  members  with  whom 
I  shall  have  the  honor  to  vote  oa  this  occasion, 
iiave  assailed  the  legitimate  authority  of  prece- 
dents. 

The  very  able  detail  and  commentary  of  legis- 
Istive  precedents  and  official  executive  opinions, 
which  (have  been  so  eloquently  dwelt  on  by  my 
honorable  colleague,  (Mr.  Tuokbr,)  exempts  me 
from  the  necessity,  even  if  I  had  the  ability,  of 
discussing  them.  Indeed  the  Committee  must  be 
convinced  that  the  authority  of  Congress  to  con- 
struct roads,  as  far  as  the  construction  contended 
for  can  be  supported  by  precedents,  is  fully  prov- 
ed. I  will  almost  venture  to  assert,  that  gentle- 
men who  oppose  the  power  of  Congress  are  ready 
to  admit  that  the  power  is  established,  as  far  at 
least  as  it  can  be  established  by  precedent ;  else, 
why  has  my  colleague  (Mr.  Barbodr)  resorted 
to  the  unusual  course  of  denying  all  authority  of 
precedents — a  position  involving  the  endless  ab- 
surdity of  forcing  us  to  ten  thousand  decisions 
of  a  Constitutional  question,  which,  after  all, 
according  to  his  theory,  would  leave  the  same 
qoestioQ  undecided  through  all  futurity  ?  Blse, 
why  has  another  honorable  colleague,  (Mr.  A. 
SifVTH,)  when  speaking  of  the  previous  acts 
and  executive  reports  of  the  Gk>vernraent,  been 
driven  to  something  like  harshness  of  accusation 
agninst  Albert  Qallatin  and  others,  in  whom  we 
h%vebeeB«ccttstomed  to  confide?  a  resort  whioh, 
i  linow,  was  painful  to  my  colleague,  and  could 
«ily  have  been  justified  in  his  own  mind  by  the 
extreme  pleasure  which  he  felt  from  the  antb ori- 
tur of  precedents. 

The  Committee  will  remember  that  the  advo- 
entts  of  the  power  of  Congress  to  construct  roads, 
lasisted  that  the  authority  to  do  so  was  compr«* 
hesded  in  the  express  power  to  utdbluh  fioH 
road$.  To  this  my  colleague,  (Mr.  Barbour,) 
in  further  prosecution  of  the  idea  of  the  Consti- 
tution being  a  treaty,  replies,  that  the  right  of  this 
C|overnment,  with  regard  to  post  rootes,  is  only  a 
right  offanage  through  the  country,  granted 
by  the  sovereign  power  of  ooe^  conatry  tothQ. 
•ofereign  of  another.    Bot  the  ebaitmui.off  tlia' 


select  committee  has  shown  that  a  grant  of  the 
right  of  passage  must  comprehend  the  right  of 
repairing  or  constructing  roads  through  which 
it  IS  necessary  to  pass.    Vattel,  in  book  3,  chapter 
7,  sections  130  and  134,  in  treating  of  the  right 
of  passage,  as  granted  by  one  sovereign  to  ano- 
ther, informs  us  that  it  includes  every  thing, 
without  which  it  would  not  be  practicable;  that 
tbe  sovereign  thus  passing  may,  towards  render^ 
ing  the  right  effectual,  even  exercise  some  of  the 
attributes  of  sovereignty  whilst  on  the  territory 
of  his  neighbor ;  for  he  may  exercise  military 
discipline  on  his  officers  and  soldiers,  and  he  is 
only  bound  to  make  a  just  reparation  or  compel^ 
sation  for  damages  occasioned  by  the  operations 
of  encamping,  entrenching,  dec.    If  this  Gk>vera« 
ment  has  only  the  right  of  passage,  it  must,  by 
the  principles  of  national  law,  have  the  right  of 
repairing  or  constructing  roads,  without  which 
that  right  cannot  be  exercised  with  conveniences 
and  sometimes  could  not  be  exercised  at  all;  and 
must  also  be  entitled  to  exercise  the  attribuiee  of 
sovereignty,  which  protects  the  exercise  of  tJie 
right.    This  would  justify  legislative  regulations 
for  the  preservation  of  the  roads  she  repairs,  d«v« 
ing  the  time  of  the  continuance  of  this  riglit  of 
passage,  which  is  coextensive  with  the  duration 
of  our  Constitution.    Every  sovereign  thai  en* 
ters  another  territory  in  his  sovereign  charaoter, 
does  so  as  an  enemy  or  as  an  ally :  if  as  an  enoi' 
my,  the  rights  of  conquest  entitle  him  to  make 
and  demolish  roads  at  his  own  pleasure ;  if  b« 
passes  as  an  ally,  and  by  consent,  we  hare  seen 
that  he  may  make  or  repair  the  roads  of  passage 
during  the  continuance  of  his  right  of  passage, 
only  repairing  tfie  damage  j>ccasioned  thereby  to 
others.    And  the  fifth  article  of  the  amendments 
to  the  Constitution  of  the  United  States  proiridev, 
that  private  property  shall  not  be  taisen  for  publiQ 
use  without  just  compensation.    But  these .Tiews 
involve  us  in  refinements  that  are  scarcely  tan** 
gible,  and  my  only  apology  tor  indulging  in  tharn 
is  a  desire  to  examine  the  ingenious  argumants 
of  my  colleagues.    In  truth,  the  powers  of  tbe 
United  States  in  relation  to  post  roads  hare  no 
resemblance  to  the  mere  right  of  passage;  the 
latter  is  a  transient  advantage,  ceasing  tnetoao* 
ment  the  party  has  glided  through  the  eoaatryf 
whilst  the  former  is  an  existing  perpetual  riglit^ 
The  one  is  the  mere  boon  of  hospitality,  estend^ 
ed  to  a  guest,  whilst  the  other  is  the  proipertvi^of 
sovereignty,  and  i&  contained  among  the  Ic^aria* 
tive  powers  granted  to  Congress. 

But  it  has  been  said,  that  the  Unitedl  SteieB 
have  nothing  bat  a  right  of  way,  on  wbiek  ibe 
mail  may  be  carried.  I  had  not  expeoted  tbe-ad* 
vancement  of  this  idea  from  my  coUeagoa,  after 
the  exceptions  so  ingeniously  and  eloquently Jiwge4 
against  tbe  admisMon  of  precedents,  as  too  teolmi* 
cal  to  have  any  place  in  the  interpretation  of  4lie 
Constitution ;  for^  no  term  can  he  more  pectiiiajrif 
technical,  than  the  right  of  way— which  19  oae 
of  the  ten  incorporeal  herediumentS|  of  whiek 
the  common  lawyers  treat.  This  GbvemmeiKt 
then,  isredoced to  the  coasi^etation of  a haa^ile 
palette,  to  whofn  Virginia'  baa  granted  the  right 


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of  ewrrying  a  mail  on  her  roads.  Carrv  thm  r^ 
ftnement  oat  one  step  finrther,  and  it  would  follow, 
that,  for  any  almse  of  this  ri^t  od  out  part,  Vir* 
ffinia  mifbt  repeal  the  grant  b^  a  scire  facias,  lo 
be  proeeeoied  on  the  cbanoery  side  of  some  of  her 
cpQnty  courts.  Matthew  De  Ctaester,  in  the 
reigo  of  ^mes  I,  and  aAerwards  Manley,  about  the 
middle  of  the  17th  century,  were  Boglish  sob* 
jects,  who  held  the  post  office  as  patentees.  Mat- 
thew De  doester,  to  facilitate  the  passage  of  the 
mail,  might  hare  bargained  and  adraaeed  his 
money  to  the  turnpike  companies,  to  induce  them 
to  improve  the  roads,  or  he  might  have  agreed  to 
work  his  own  laborers  on  the  roads.  It  is  true,  he 
could  make  no  laws  to  govern  such  objects,  be* 
cause  the  power  of  legislation,  in  relation  to  the 
peat  roads,  had  not  been  granted  to  him  as  it  has 
been  to  Congress^a  body  that  claims  not  as  a  prl- 
Tate  grantee,  but  as  a  supreme  power  of  iesnslation. 

Borne  of  my  colleagues  would  require  Uiis  Gov* 
emment,  on  approacning  the  southern  shore  of 
the  Potomac,  to  disrobe  Itself  of  the  sovereignty 
with  which  it  has  been  clothed  bjr  the  people,  and 
pass  with  the  mail  through  Virginia,  as  any  pri- 
▼ttte  citizen,  yeoman,  or  b^gar,  maj  travel  to  mill 
or  market.  But  a  foreign  sovereign  cannot  be 
aubjeeted  to  the  mynicfpal  laws  of  a  country  in 
which  he  sojourns.  Nay:  the  laws  of  nations 
impose  a  duty  on  despotic  Powers,  as  well  as  free 
Qovernments,  to  issue  orders^  or  enact  Ikws,  which 
thall  five  security  to  the  foreign  sovereign,  and  ex- 
empt nim  from  subjection  to  the  civil  laws.  My 
colleagues  then,  who  are  so  zealous  of  State  rights, 
moKt  see  the  necessity  of  having  State  laws  to  re^ 
olate  and  protect  the  rights  of  this  Government,  m 
relation  to  post  offices  and  post  roads ;  which  State 
laws  coofd  not  be  enacted,  unless  bv  a  resumption 
of  les^islacive  powers,  which  have  oeen  expressly 
granted  to  the  Qovernment  of  the  United  States. 

My  colleague,  (Mr.  Barboue)  adopts  an  un  war* 
rantable  course  of  ar^meot.  If,  said  he,  you 
have  the  right  to  construct  roads  you  must  have  a 
tight  to  take  earth,  stone,  and  gravel,  with  which 
to  make  them ;  but  the  Constitution  gives  you  no 
avtbority  to  take  these  materials^  and  therefore 
foa  cannot  construct  roads.  It  is  true,  that  the 
Constitution  does  not,  by  expressed  words,  grant 
the  power  to  take  these  materials,  but  if  it  oom- 
wrefaends  ttie  power  to  construct  road^  (as  I  think 
ftaa  been  proved  by  other  gentlemen)  then  the 
)^opotitton  of  my  ootteagne  admits,  thal'the  au- 
thority to  take  these  materials  is  a  nacesjiary  i*- 
efdent  to  the  execution  of  that  power..  My  col- 
lemgpne  also  says,  that  we  have  the  powei  to  ouild 
a  vavy,  but  that  we  have  no  authority  te  impress 
the  motwtain  oak  wherewith  to  build  iti  I  wUl 
a^  stop  here  to  examine  the  correctness  of  thia 
atsertioo ;  nor  will  I  consume  your  time  by  the 
iaquiry,  whether  timber  is  not  as  essential  to  the 
boilding  of  a  navy,  is  stone  and  gravel  are  to  the 
ceoatruction  of  a  road.  But  I  must  take  leave  to 
sabmit  to  my  cotieague  this  inquiry— whether,  if 
this  Qovernment  has  power  to  build  a  navy,  with- 
out the  power  to  impress  timber.  It  may  not  also 
have  the  power  to  construct  roads,  withoat  the 
amhority  to  impress  stone  and  grafel? 
15th  Gov.  1st  Ssss.— 43 


If  the  power  of  Congieas  to  eatabHsh  post  roadi 
comprehends  neither  the  authoritv  to  constratt 
or  repair  reads,  nor  any  jurisdiction  over  so^ 
roads,  the  United  States'  Government  will  he 
oblig^  to  carry  the  public  mails  on  the  roads 
provided  by  the  respective  States.  Beiag  thas 
obliffed  to  perform  this  duty,  upon  the  State 
roads,  I  pray  you  to  solve  this  inquiry:  Is  this 
Government,  m  transporting  the  mail,  to  be  oea^ 
fined  to  the  public  roads  of  the  State,  or  may 
it  use  the  private  ways  aad  roads  alsot  If  this 
Gtoveroment  be  confined  to  the  pablio  roads,  it  fol^ 
lows,  that,  inasmuch  as  the  constr«Mtion,  contiaa« 
ation,  and  alteration,  of  public  roads,  are  andel 
the  entire  control  or  the  State  Leffislatares,  the 
direction  and  fhcilities  of  the  mail,  and  whole 
post  office  police,  must  be  8Vb|ject  to  their  con- 
trol. But,  if  this  Government  has  the  right  te 
carry  its  maib  on  private  roads  also,  then  erarf 
private  oian,  who  has  the  control  and  dirtctien  ef 
these  private  ways,  will,  as  well  as  the  Btate  Leg» 
islatures,  have  the  consequent  dikeetioa  of  the 
public  maiL 

The  public  roads  of  the  Slates  are  subject  to 
the  jurisdiction  of  the  State  Legislatures,  br 
whom  the  superintendence  and  police  of  the  roeol 
are  usually  confided  to  county  tribunals  ef  police. 
If  one  or  more  individoalsKesiretheeonstractiett 
of  a  new  road,  the  opposite  parties,  whose  fnter»> 
esU  are  affetfted,  are  sommoned  to  show  canae 
against  the  establishment  of  the  proposed  road, 
aad  if  no  sufficient  objection  can  be  shown,  tlie 
road  may  be  established.  But  the  respective  par>> 
ties  oi^a  compromise  their  dtfferenoes,  heibfa 
aay  decision  is  made  by  the  road  tribunals,  whisra» 
by  it  is  contracted,  that  a  certain  person,  or  aH 
the  persons  in  a  certain  neighborhood,  or  vieia* 
ity,  may  have  a  road  through  the  lands  of  othera 
on  condition  that  the  parties  to  be  benefited  shall 
refrain  from  insisting  on  the  etuMishment  of  a 
public  road.  These  amicable  arrangements  llave 
been  so  usually  resorted  to  in  some  aectiona  of 
the  country,  as  to  supersede,  in  a  Aiaaaore,  die 
esublishment  of  public  reads;  yet,  the  proprie^ 
tor  of  laad^  who  beeoaies  bound  by  such  ieeit 
contracts,  is  under  no  obligation  to  efiea  bia 
grounds  for  the  passage  of  any,  exeept  uie  pev^ 
son,  or  vicinity,  with  w4ieh  ha  has  ceiitfacied 
I  have  travelled  three-fouiehe  of  a  day  ia  Man^ 
land,  on  a  direct  course,  ia  which  my  whole  toint 
passed  through,  fields  and  gatea,  which  the  pfOK 
prietors  made  no  objection  to  pesaing^  ahheagh 
they  might  have  objected  to  the  passage  of  emty 
one  who  were  not  within  the  purview  of  tha 
contract  ia  purBuaoce  of  which-  t^e  gaMi  had 
been  erected. 

I  now  b^  leave  to  propoand  a  simple  q«e^ 
tion :  Can  the  United  Statea  force  the  passage 
of  its  mails  through  the  private  ways  and  gafe* 
that  I  have  mentioned  7  If  you  answer  in  the 
negative,  it  hence  follows^  that  the  mast  eligtble, 
and,  indeed,  necessary  mail  routes  may  be  deflMit*> 
ed,  or  impeded,  not  only  by  each  State,  but  by 
combinations  ot  neighbors,  aad  soaMtimes  bye 
single  individual,  in  any  State.  Bat  if  Toa  aaf 
swer  in  the  aSraattva^  by  declaring  that  the 


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Uailed  States  may  force  a  passage  for  her  mail 
thrQOgh  thesegates,  then  the  whole  question  of  the 
power  of  Congress  is  yielded  to  us .;  for  the  Gov- 
ernment may  foree  or  break  the  locked  gates,  to 
effect  the  passage ;  and  seeioj;  that  such  force  is 
the  samesort  ofpower  which  is  declaimed  against, 
with  regard  to  the  improyement  or  construction 
of  roads,  it  must  follow  that  this  Government 
most  stop  and  surrender  its  authority  on  the  en- 
counter  of  every  such  |rate;  or  exert  the  same 
powers  which  are  sufficient' for  the  construction 
or  repair  of  post  roads.  I  know  that  my  col* 
leagues  will  not  yield  to  this  Gk>vernment  a  mere 

S-ovisonal  jurisdiction  to  open  roads,  when  the 
tatee  shall  have  omitted  or  refused  to  do  so ;  for 
they  declare  that  no  act,  consent,  or  conduct,  of 
tJie  Slate  Government,  can  confer  any  power  on 
the  General  Government,  of  which  it  is  destitute. 
iBnt,  should  they  yield  this  point  to  the  General 
Government,  upon  it  would  devolve  the  power 
of  deciding  whether  the  rbads  of  the  States  were 
ample  and  convenient  for  the  mails, and  the  power 
to  determine  and  control  this  question  would 
eomprehend  every  umpirage  over  public  roads 
that  the  friends  of  these  resolutions  contended 
for. 

Sevevalof  my  honorable  colleagues,  addressing 
you  in  the  name  of  ^rglnia,  have  strongly  po> 
tested  against  infringement  on  State  sovereign- 
ties. In  this,  my  colleagues  |)ursue  the  bent  and 
spirit  of  our  native  State,  which  has  always  oc- 
cupied the  front,  in  guarding  against  the  en- 
croachments of  the  Federal  Government.  But, 
if  my  colleagues,  in  continually  assuming  Vir* 
ginia  as  the  heroine  or  propositus,  in  every  in* 
stance  of  illustration,  have  only  indulged  in  an 
excusable  resort  to  homestead  pride,  knowing  their 
liberality,  I  can  readily  foresee  their  readiness  to 
yield,  that  I  may  consider  myself,  for  a  while,  the 
advocate  of  our  State.  They  have  exhibited  our 
Stale  in  every  attitude  of  hostility  to,  or  at  least 
defence  against,  the  force  of  the  General  Gk)vern- 
ment ;  and  I  now  ask,  that  I  may  be  considered 
as  Virginia  for  the  moment  in  which  I  shall 
continue  to  occupy  the  floor.  I  would  then  re- 
mind you,  in  behalf  of  my  native  State,  that  she 
has  surrendered  to  you  the  great  and  efficient 
flources  of  revenue,  with  powers  that  impose  on 
the  General  Government  correlative  duties,  or 
obligations  of  equal  extent.  Among  other  im- 
portant delegations  of  power,  is  included  the  le- 
gtalativa  authority  on  the  sufbjects  of  the  post  of- 
fices and  poet  roads.  On  this  delegation  of  au- 
thority, you  have  (without  any  question  of  juris- 
diotioo^  built  a  department  and  superstructure 
that  yields  a  revenue  of  considerable  amount 
.This  rev^ue  is  your  property,  and  cannot  be  en- 
aroached  on  by  the  States;  but  the  States,  in 
aurrcnderiag  to  you  the  Post  Office  Depart- 
ment, although  conferring  with  it  all  its  inci- 
dental powers,  did  not  mean,  in  regard  to  your 
relations  with  them,  to  create  a  mere  source  of 
revenue  in  your  favor.  The  Post  Office  Estab- 
ushment  has  become  a  considerable  source  of 
leveaue  to  yoti ;  you  extend  its  ramifications  to  a 
great  area.    I  therefore  requiae  you  to  support  it 


with  your  own  revenue,  and  apprize  you,  that  it 
is  unreasonable  and  unjust,  that  you  should,  while 
deriving  so  ^eat  a  revenue  from  that  establish- 
ment in  Virginia,  require  that  State,  without  any 
participation  of  profit,  to  incur  the  labor  and 
expense  of  working  roads,  on  which  you  are  to 
derive  and  collect  this  great  revenue.  In  behalf 
of  the  citizens  and  landholders.  I  appeal  to  the 
fifth  article  of  the  amendments  of  the  Constitu- 
tion of  the  United  States,  which  provides,  ^*  that 
private  property  shall  not  be  taken  for  public  use 
without  just  compensation." 

I  confide,  that  gentlemen  who  have  preceded 
me  in  this  debate,  nave  proved,  to  the  satisfaction 
of  a  majority  of  the  House,  that  this  Government 
has  the  power  to  construct  military  roads.  This 
power,  however,  is  denied  by  our  opponents ;  and 
an  honorable  colleague  (Mr.  A.  Smytb)  insists 
that  the  power  to  make  military  roads  arises  out 
of  the  emergencies  of  war.  and  ceases  with  the 
necessity,  which  justifies  its  exercise  in  a  state  of 
warfare.  But  in  war,  military  roads  are  useful 
and  necessary  only  for  the  passage  of  troops, iOro- 
visions  and  military  munitions;  and, as  the  Uni- 
ted States  employ  an  army  in  times  of  peace,  it 
is  necessary  to  have  military  roads  to  effect  the 
same  objects  at  all  times.  My  colleague  f  Mr. 
A.  SAtYTfi)  has  been  candid  enough  to  admit 
that  the  United  States  ma)r  subscril^  its  money 
in  the  stock  of  companies  incorporated  for  pur- 
poses of  internal  improvement,  and  the  conse- 
quence which  will  necessarily  follow  from  ano- 
ther principle  he  has  recognised,  will,  I  think, 
compel  him  to  join  our  side  of  the  question.  He 
admits  that  the  power  to  establish  military  roads 
exists  in  this  Government;  but  insists  that  it  is 
a  military  power,  which  belongs  to  the  President 
of  the  United  States  as  commander-in-chief  of 
our  army,  (that  is^  to  the  Executive  department.) 
and  not  to  Congress.  Permit  me  now  to  call  his 
attention  to  the  last  clause  of  the  eighth  section  of 
the  Constitution  of  the  United  States,  by  which 
Congress  not  only  has  the  power  to  make  all  laws 
which  shall  be  necessary  and  proper  to  carry  into 
execution  its  ordinary  powerst  but  ail  other  powers 
vested  by  the  Constitution  in  the  Government  of 
the  United  State&^or  in  any  department  or  officer 
thereof.  ^If  the  Congress  has  authority  to  make 
laws  tp  carry  into  execution  the  powers  vested  in 
any  department  or  officer  of  this  Government,  it 
must  follow  that,  if  the  Executive  department 
has  the  right  to  construct  military  roads,  Coo- 
gress  may  make  laws  to  carry  iu  power  into  ex- 
ecution ;  and  this  is  ail  that  the  resolutions  before 
ua  contend  for.  I  cannot  omit  a  review  of  one 
ground  assumed  by  my  honorable  colleague,  (Mr. 
Barboub,)  which,  according  to  method,  ought 
to  have  been  sooner  noticed.  He  states  that  the 
Legislature  of  Virginia,  in  conferring  jurisdic- 
tion on  the  county  courts  to  open  and  alter  pub- 
lic roads,  has  always  paid  a  proper  re8p€ct  lo  the 
obligations  imposeid  by  tiie  Constitution  of  the 
United  Sutes,  by  provisions  that  the  courts  should 
not  have  the  power  of  discontinuing  poet  roads. 
The  State  authorities  then  possessing  the  power 
to  open  a  new  road  from  one  place  to  another, 


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bot  no  power  to  diseoatiaae  tb<  old  road,  whioh 
is  a  post  road,  the  old  road  which  mast  be  kept 
in  repair  by  ezpeDditures,  mast  be  worked  by  tne 
Bute  or  by  the  Uoited  Sutes;  if,  by  the  United 
States,  the  question  is  yielded  to  as,  that  this 
Qoyeroment  may  einploy  labor  on  roads.  Bat, 
if  it  be  said  that  the  State  is  boand  to  work  and 
repair  the  old  road,  of  no  ase  but  as  a  mail  route, 
it  wouid  not  only  follow  that  the  State  subjects 
itself  to  an  expense  and  labor  to  support  the  rev* 
enaes  of  the  United  States,  but,  that  the  ri^ht  to 
hare  these  repairs  nade  by  the  State,  existing  in 
this  GoTemment,  it  must,  of  consequence,  pos- 
MSB  the  correspondent  remedy  to  compel  the 
States  to  furnish  these  repairs  ;  and  I  mav  safely 
submit  to  my  colleague,  whether  he  would  prefer 
to  safDer,  nay,  require  the  United  States  to  work 
ber  own  post  roads,  or  consent  that  Virginia 
jhouid  become  the  humble  subaltern  of  the  orders 
of  this  Government,  and  receive  its  mandates  to 
work  the  post  roads. 

Although  I  cannot  agree  with  my  honorable 
colleague  (Mr.  Togk£r)  that  the  assent  of  the 
States  is  essential  to  the  exercise  of  our  power  to 
construct  roads,  I  deem  such  assent  as  material 
whenever  the  expediency  of  exercising  the  power 
shall  come  in  question ;  and  I  shall  indeed  vote 
for  the  proposition  of  my  colleague,  that  we  have 
the  power  with  the  assent  of  the  States  ^  for,  if 
we  have  the  power  withoat  the  assent  of  the 
StatesL  we  surely  have  it  when  they  assent. 

On  first  reading  the  able  and  ingenious  report 
of  the  select  committee,  I  withheld  my  assent  to 
the  distinction  it  advances  as  to  the  different  rules 
of  interpretation  which  ought  to  pervade  dissim- 
ilar piovisioos  of  the  Constitution ;  as,  that  oner- 
ous pqwtTM  of  the  Grovernment  ought  to  be 
strietljT  construed,  whilst  beneficial  powers  should 
admit  of  a  more  liberal  interpretation.  But,  by 
more  mature  reflection,  I  am  convinced,  that 
whatever,  in  a  compact,  is  for  the  equal  and  com- 
mon advantage  o£  all  tne  parties,  may  justly  be 
interpreted  more  liberally  than  more  odious 
clauses,  which  impose  burdens  and  hardships  on 
one  of  tne  parties.  And  conceiving  that  national 
improvements  tend  to  the  benefit  of  all,  I  yield 
my  assent  to  those  who  liberally  expound  our 
great  charter ;  and  instead  of  detaining  the  Com- 
mittee with  seif-n^ade  arguments  on  this  topic,  I 
must  beg  leave  to  refer  mem  to  the  second  book 
of  YaueL  chapter  seventeenth,  the  authority  of 
which  will  surely  be  admitted  by  gentlemen  who 
are  determined  to  view  our  Constitution  as  an 
international  treaty. 

I  will  no  longer  deuin  the  Committee,  but  by 
way  of  eonelusion  must  enter  my  protest  against 
the  scikeae  of  interpreting  the  Constitution  by 
what  gentlemen  are  pleased  to  call  an  invoc^don 
of  the  principles  of  the  revolution  of  1798.  This 
invooation  ia  adverse  to  the  jast  and  liberal 
views  which  have  hitherto  characterized  this  Con- 
gress, and,  withoat  adverting  to  the  merits  or  de- 
merits of  either  of  the  old  parties,  it  may  be  said 
that  the  annals  of  contending  factions  cannot  be 
relied  on  as  furnishing  correct  illostrations  of  po- 
l^^i^tcvths}  and  for  myaelf  at  least,  I  must  say, 


that  in  this,  as  in  every  other  qaestion^  I  choose  to 
relv  on  my  own  judgment. 

Mr.  Oab,  of  Massachusetts,  said,  that,  in  rising 
on  the  present  occasion,  he  was  well  aware  of 
the  danger  of  having  imputed  to  him  a  great  de- 
gree of  insensibilitv,  or  a  still  greater  degree  of 
assurance— for,  he  had  long  since  observed,  that 
the  patience  of  the  Committee  was  exhausted. 
And  he  could  assure  the  Committee,  that  he 
should  not  have  entered  into  the  debate  at  this 
late  stage  of  it,  had  he  felt  convinced  that  no  fur- 
ther argum^t,  in  opposition  to  the  resolutions 
on  the  table,  could  be  urged;  bot,  the  subject 
was,  in  its  nature,  complex,  and  admitted  of  great 
diversity  of  illustration  ;  and,  notwithstanding  it 
had  been  ably  argued  by  the  honorable  gentlemen 
who  had  preceded  him  on  the  same  side,  he 
could  not  feel  reconciled  to  giving  a  silent  vote. 

In  ail  that  has  been  urged  in  argument,  in  sup- 
port of  the  power  contended  for,  no  gentleman, 
said  Mr.  O.,  has  condescended  to  inform  us,  what 
are  the  nature  and  character  of  that  power.  It 
has  been  generally  said  to  be  a  resulting  power, 
an  incidental  power.  But  this  is  no  dennition 
that  conveys  any  distinct  idea  of  its  nature,  its 
political  bearing  on  society,  its  rank  in  the  regis- 
ter of  State  authorities.  Then,  sir,  as  this  has 
not  been  done,  I  will  venture  to  assign  it  a  name 
and  a  rank ;  and  I  do,  without  hesitancjr,  pro- 
nounce it  to  be  nothioff  short  of  a  substantive  at- 
tribute pf  supremacy,  of  high  State  prerogative— a 
power  to  turn  rivers  from  the  channels  which 
nature  has  assigned  to  them,  and  to  subvert  the 
soil  of  the  citizen,  and  convert  it  to  public  use, 
without  his  consent,  express  or  implied.  It  is 
the  same  degree  of  power  as  that,  which  can  take 
the  life  of  an  offender  against  public  justice,  con- 
fiscate his  estate,  subject  him  to  attainder  and 
corruption  of  blood.  This  being  the  nature  of 
the  power  contended  for  by  the  advocates  of  the  res- 
olutions, by  whatever  mode  of  reasoning  they  maj 
have  arrived  at  the  consciousness  that  Congresa 
possess  it.  I  will  proceed,  said  Mr.  0.,  to  examine 
whether  it  is,  in  reality,  to  be  found  in  the  Con- 
stitution. But,  before!  examine  that,  I  willavail 
myself  of  the  sentiments  expressed  by  the  hono- 
rable gentleman  from  Virginia,  (Mr.  PmnALL,) 
who  has  just  sat  down,  that  the  best  mode  of  un- 
derstanding the  force  of  terms,  the  weight  of  pre- 
cepts and  precedents,  is  to  have  recourse  to  con- 
temporaneous expositions  of  the  things  to  which 
they  are  applied ;  to  this  I  fully  assent— for  terms 
may  change  with  time,  while  jparticular  subjecu. 
to  which  they  apply,  admit  of  no  change.  And 
I  go  still  farther,  sir;  we  mav  go  even  behind' 
contemporaneous  exposition  of  precqits  and  pre- 
cedents, as  applicable  to  maxims  of  State  gov- 
ernment ;  and,  on  the  present  occasion,  I  feel  it 
to  be  necessary,  not  only  to  refer  to  the  character 
of  our  statesmen  at  the  time  of  the  formation  of 
the  Constitution— but  the  origin  and  progress  of 
that  political  science  which  brought  it  into  exist- 
ence. I  proceed,  then,  to  the  foundation  of  our 
political  institutions:  these  were  the  ancient 
charters  of  our  ancestors,  first  of  Virginia,  then 
of  Plymouth,  and  others  in  succession ;  and  it  is 


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weU  worthjr  of  [remark,  that  almost  all  the  de- 
fined powers  of  Parliament  were  conveyed  in 
tiiese  charters  to  the  colonies,  by  the  Crown,  in 
right  of  prerogative.  Parliament  had  no  power, 
either  over  the  emigrants  or  the  soil,  and  the 
Crown  exercised  a  power  towards  both,  that  could 
not  be  exercised  towards  soil  or  subject,  within 
the  Kingdom;  but  in  addition  to  Parliamentary 
powers,  even  Crown  prerogatives  were  conferred 
on  the  colonists;  and,  with  these  chartered  priv- 
ileges, they  commenced  in  the  New  World  the  op- 
erations of  Government,  each  within  prescribed 
limits  of  jurisdiction.  From  these  grants,  there 
was  orisinally  scarceanythiog  left  for  the  Crown, 
and,  I  should  say,  nothing  at  all  for  Parliament. 
Allegiance  was  due  and  acknowledged,  but  ail 
powers  essential  to  the  internal  government  of 
the  people,  were,  by  them,  exercised  by  their  re- 
spective grants  of  territory  and  jurisdiction ;  their 
powers  to  make  laws  were  ample :  and  they  ex- 
tended as  well  to  all  jurisdictions,  liberties,  priv- 
ileges, immunities  and  franchises,  as  to  soil  and 
person.  Here,  then,  sir,  is  the  origin,  of  the  power 
to  msike  roads  and  canals ;  the  power  to  create 
corporations;  the  power  to  govern  within  the 
colonial  limits,  and  even  to  carry  on  war.  It  is 
not  to  conquest,  to  the  revolution,  these  powers 
are  assignable — they  originated  in  grant  and  were 
imbodied  into  s]rst)em — they  were  in  full  opera- 
tion, till  usurpation  embarrassed  them,  and  then 
came  the  Revolution,  and  snatched  from  the 
Crown  the  brightest  ornament  in  the  colonial 
wreath.  Allegiance  and  fidelity  were  no  longer 
due.  It  matters  not,  that  the  charters  were  oc- 
casionally infringed,  altered,  and  even  cancelled. 

The  maxims  ofgovernment  were  the  same 

once  adopted,  they  were  always  retained  through 
every  scene  of  adversity.  In  the  Plymouth  col- 
ony, which  led  the  way  in  the  North,  and  was 
similar  in  its  guvernment  to  all  in  its  vicinity, 
their  ordinances  respecting  the  laying  out  of 
roads,  and  their  proceedings  under  them,  were 
among  their  early  acts  of  power;  and  the  prin- 
ciple then  adopted,  as  a  rule  between  the  public 
and  the  individual  whose  lands  might  be  taken, 
has  never  been  essentially  changed.  It  is  unne- 
cessary to  proceed  further  to  show  the  origin  and 
exercise  of  the  power.  The  other  colonies,  under 
various  modiScanonsH  enjoyed  the  same  essential 
rights  by  charter,  and  e xt^rcised  the  same  powers 
hi  virtue  of  It.  Well,  *$^r,  the  declaration  of  our 
independence  acknowledged  atll  these  organized 
^djes  to  be  free,  siore reign,  and  independent 
States.  All  the  attributi*s  of  goternment  were 
tbeirtjj  and  ihey  were  .'sustained  by  a  people  ac- 
cti^tomed  to  ^xerchQ  them  with  all  the  ability 
incident  to  poljtjciit  experience,  and  continued 
lo  to  be  exercised  illl  iht  adoption  of  the  Consti- 
tution, under  wbi(?b  voa  are  now  legisiatitig. 
Well,  sin  let  me  as^k^  if  any  of  the  fVamers  of  the 
Constitution  could  «rer  ha?e  imagined,  educated, 
as  they  were,  in  the  school  of  politics,  that  the 
power  to  dirert  rirers  to  artificial  courses,  to  lay 
open  tbeetielosures  of  individuals  for  roads,  fVom 
one  end  of  tht  State  to  the  other,  without  their 
consent,  express  or  im|vlied,  passed  into  the  hands 


of  Congress  by  implication  ?  Is  the  power  con* 
tended  for  interior  in  degree  to  any  that  is  ex- 
pressly granted  in  the  Constitntion  1  And  can 
one  power  of  equal  decree  result  from  another? 
It  has  not  been  conten&d  by  the  advocates  of  the 
resolutions,  that  any  but  the  supreme  arm  of 
State  can  efiect  the  purposes  contemplated — in* 
deed,  it  cannot  be  contended. 

In  looking  into  the  specified  powers  granted  to 
Congress,  there  appears  to  be  great  precision  used, 
and  even  minuteness,  that  nothing  substantive 
might  be  lef^  to  incident.  It  was  not  sufficient 
to  give  the  power  to  declare  war  and  leave  the 
raising  of  armies  to  be  inferred,  but  both  powers 
are  expressly  given,  and,  yet  how  very  intimate 
is  the  connexion  !  The  great  objects  of  the  powr^ 
ers  granted,  were  but  few.  The  derangement 
of  the  internal  police  of  the  States  was  as  mnch 
as  possible  guarded  against,  consistently  with  the 
attainment  of  revenue,  the  control  of  onr  relations 
abroad,  and  of  physical  force  at  home. 

But,  if  it  could  be  for  a  moment  (h>fibcfyil,  whe- 
ther the  power  contended  for  be  fncideatallv  given 
in  the  specified  powers,  it  seems  to  me.  that  the 
ninth  and  tenth  articles  of  the  amendments  of 
the  Constitution  might  pot  the  question  at  rest. 
And,  I  will  take  the  liberty,  Mr,  Chairman,  to 
read  them,  for.  there  is  not  a  word  of  them  but 
what  is  weightv.    ^The  enumeration,  in  the 

*  Constitution,  of  certain  rights,  shall  not  be  con* 

<  strued  to  deny,  or  disparage  others  retained  by 
'  the  people."    "  The  powers  not  delegated   to 

*  the  United  States  by  the  Constitntion,  nor  pro- 

<  hibited  by  it  to  the  States,  are  reserved  to  the 

*  States  respectively,  or  to  the  people.'' 

Now,  sir,  permit  me  to  inquire  if  these  amen^* 
ments  were  not  well  understood,  in  their  import, 
by  those  who  use  them.  ^  The  enumeration  or 
certain  rights  shall  not  impair  others  retained  by 
the  people."  What  ate  rights  retained  by  the 
people  ?  Their  soil  and  their  rivers,  or  they  have 
no  rights.  The  gifts  of  natnre  are  theirs.  The 
soil,  secured  to  them  by  their  charters,  by  the 
common  law,  by  the  constitutions  and  laws  of 
the  States,  is  theirs;  and,  Congress  has  no  le» 
gitimate  power  to  lay  a  hand  upon  it;  it  woold 
be  an  act  of  usurpation,  I  take  the  liberty  to  «se 
the  word  usurpation,  for  the  honorable  gentiema» 
from  Virginia,  on  my  right,  (Mr.  Nblson,)  of  fkr 
greater  experience  than  myself,  has  sac  me  the 
example,  and,  indeed,  in  my  opinion,  it  is  the  most 
apt  word  that  can  ne  selected.  Again,  sir,  the 
powers  not  delegated  are  reserved  to  the  States, 
or  the  people.  What  powers  are  here  meant? 
State  powers,  certainly---powers  perfectly  Armiliar 
to  those  who  adopted  the  langttage,  bet,  mere  es» 
peciallv,  to  those  who  proposed  this  amendment ; 
both  these  amendments  were  recommended  hi 
sttbstance,  as  well  as  many  others  which  were  net 
adopted,  by  the  Bhate  conventions.  The  meaniof , 
therefore,  cannot  be  doubtful.  Thus,  then,  the 
rights  and  powers  relating  to  the  snbjecfSk  em- 
braced in  the  resolutions  on  vour  table,  belong, 
expressly  and  exclusively,  to  the  Sitfes  eed  the 
people. 

If,  yet,  however,  there  remehM  a  dotftHi  t  will 


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H.orIt. 


!' 


pffMMJ-ttiH  tetbtr,  !■  my  ea^taton  to  remore 
iL  I  ttOBl  it  wilt  BOt  be  eootMided,  by  tmy  of  the 
boBoCftMt  gandfan  opfosei  to  qm,  that,  if  the 
ftmineia  ef  ffae  Coiutitatieii,  apoa  a  propoeition  to 
inaetc  aof  ipedie  additioiHil  power,  rejc;pted  that 

fropotiliaa,  aciU,  that  power  might  he  inferred, 
s^eal^  aoWyOf  soTerein  power,  as  great  as  that 
wiueh  18  contemplated  by  the  reselutiom  uader 
'  I.  If  I  am  right,  in  this  sopposition.  I 
le  myself,  tluit  the  Committee  may  be 
it  to  pause,  befbre  they  adopt  the  resolo- 
Fdr,  at  the  tiaee  of  the  makiagof  the  Con* 
stiMitMii,  a  tetioct  propositioa  was  made,  to  give 
dmfptm  tlie  ppwvr  to  make  canals,  and  the  pro- 
pesitaoQ  was  lejceted.  In  the  written  argaments, 
actweeaMr.  Jefcfsoa  and  Mr.  Hamilton,  on  the 
hank  f«esti«».  in  17M,  it  was  contended,  by  the 
former,  then  oeeretary  ef  State,  that  the  power 
to  ineevperate  the  banc  was  imeonstitotienal,  and 
slated  toe  rejected  proposition  to  be  broader  than 
was  admittM  by  his  oraonen^  hut  the  Seeretary 
of  the  Tieasor^t  Mr.  Hamilton,  admitted,  that  a 
nr<^w6itio«  to  giTeCoomss  power  to  make  canals 
aad  beeft  rejected^  And,  yet,  by  constrpotien, 
we  aia  lo  derire  a  power,  not  only  not  gmnted, 
bttt  esprcsaly  withheld,  in  tiM  amendments  of  the 
Gonaatatton,  which  I  naTe  before  spcAea  of,  and 
whiehy  from  extraaeoas  eridence  or  Ihots  which 
tsanepntd  in  the  body  that  framed  em  Constitn- 
tioB^  11  is  most  apparent,  was  never  intended  to 
be  gifen.  Sir,  it  is  singmar,  that  a  lapse  of  thirty 
years  skoaU  hare  made  it  to  appear,  that  the 


I,  in  whose  wisdom  the  nation  pat  great  con« 
idanca,  weee  really  ignoiaat  ef  what  they  had 


with 


aw  and  that  powers  then  clearly  and  expressly 
hheld  are  net  as  clearly  conferred  by  the  Con- 


*•  Words  are  thingSj'' 


atitnctoii,  by  implication, 
said  the  famous  Mirabean,  and,  whenever  that  is 
the  ease,  i  shall  conalvde  that  words  hare  ceased 
lo  he  the  trim  signs  of  things. 

BtM^  im  ocdcr  u>  ahviate  lol  difficnlties,  yon  pro- 
pose in  esereise  the  power  with  the  consent  of 
Ike  respective  Slstes,  and  that  they  shall  have 
jnriidietion  over  the  property  taken  ibr  public 
len.  By  the  word  "  Btati^  in  the  resolations,  is 
meant  the  Ssate  Lraisbiores.  Now,  it  seems 
never  to  have  ensered  into  the  in^niry  of  any  of 
the  henomble  gentlemen  opposed  to  me,  whether 
ar  not  the  Slate  Legisiatnpes  have  the  power  as^ 
erihed  to  them.  This  is  taken  f>r  granted,  and 
it  is  ontainly  the  easiest  way  of  proceeding  with 
Hm  aigament.  Bnt^  I  am  induced  to  call  on  the 
hoMrabiegentleman  fremViiglna  (Mr.  Piiivall) 
t0  show  me  the  eonsthntion  of  any  one  of  the 
9mtta  ia  the  Unton,  wiiich,  upon  any  ftiir  don- 
stnMCitH^enabks  its  legislature  vo  transfer  any  of 
the  apppropriate  functions  of  the  Slate  authorities 
to  Coogre»k  An<^  if  any  one  soch  constitution 
ee«ld  be  prodoeed,  I  shonld  ^atl  for  one  after 
another^  ttU  tha  whole  tweaty  were  found  to  con* 
latn  the  lef  uin'ie  provisions^  for,  if  one  should  be 
deiaimit,  vnor  wJiole  plan  is  partial  aad  imprac- 
icabW.  l£  howerer,  the  gentlemen  still  prefer 
to  aasame  tor  the  State  Legislatures,  this  power, 
ai  heinf  contained  in  their  constitutions,  I  will 
Tantdre  «pon  the  task  of  eonarvverting  the  facts 


thos  assumed.  The  constitntion  of  a  single  State 
is  sufficient.  I  will  select  that  of  Connecticut. 
And  what  is  that  eonstitntion  ?  The  charter  of 
Charles  the  Second.  Now,  sir,  this  charter  con- 
tains no  provision  whatever  that  would  authorize 
the  Legislature  of  that  State  to  n^otiate  the 
functions  of  the  constituted  authorities  of  that 
State  to  the  Congress  of  the  United  States.  And, 
it  is  equally  vatn  to  look  into  any  other  State 
censtitution  that  has  come  within  my  notice  for 
aoy  such  power,  express  or  implied.  But,  it  has 
been  contended,  by  the  honorable  Speaker^  that 
the  oons«it  of  the  State  u  not  necessary  to  the 
exercise  of  the  power,  and  other  gentlemen  have 
advanced  the  same  doctrine,  wbile,  yet,  other 
honoreble  |;entlemen,  on  the  same  side,  insist  on 
the  necessity  of  State  consent  If,  indeed,  the 
consent  contemplated  is  not  essential  to  the  power, 
it  wonld  seem  hardly  necessary  to  be  passing 
legislative  compliments  with  the  States,  on  the 
subject;  and,  I  apprehend,  such  a  course  is  not 
merely  harmless.  For,  as  was  observed  on  a 
former  day,  by  the  honorable  gentleman  from 
Virginia,  on  my  \e[t  (Mr.  Smttb)  with  great 
truth,  you  hold  up  your  purse  to  the  State  Legis- 
ktnres,  as  a  temptation.  And,  what  is  the  Legis- 
lature to  do,  in  such  a  case?  They  must  either 
violate  the  trust  reposed  in  them  by  their  constit- 
uents, or  take  your  assumed  coDstruction  of  their 
constituttoo,  and  accept  your  hoTmt. 

Sir,  before  engsging  in  this  kind  of  legislation, 
Uiey  should  tear  up  their  constitutions,  and  zive 
them  to  the  winds,  and  your  decrees  shoula  b^ 
their  rule  of  action.  But  suppose,  Mr.  Chairman, 
that  seme  of  the  Lesislatures,  by  the  high  au- 
thority of  a  decision  of  Congress  to  guide  them— > 
the  bom§9  beinff  also  set  before  them — should  de- 
termine that  bv  their  constitutions  they  really 
have  the  legislative  and  conventional  powers 
ascribed  to  them,  and  should  actually  pass  such 
a  law  as  is  contemplated ;  the  members  of  such  a 
Legislature,  it  is  to  be  recollected,  are  not  the 
beings  of  a  day;  and  the  people,  dissatisfied  with 
their  past  conduct,  might  return  others  in  their 
place,  aod  these  repeal  the  law  of  the  former* 
what  would  then  be  your  answer  to  the  second, 
the  repealing  law?  It  would  be  this:  that  the 
first  law  was  a  contract  and  that  the  second| 
repealing  it,  would  impair  the  obligation  of  that 
contract,  and  would  be  void  by  the  Constitutioou 
Thus,  by  the  act  of  a  single  Legislature,  elected 
for  a  year,  you  determine  the  destinies  of  the  citi- 
zens and  State  governments  on  this  subject  for* 
ever.  It  has  been  stron^y  cootended  by  the  hon- 
orable gentleman  from  Virginia,  before  me,  that 
legislative  precedents  ought  to  have  weight ;  and, 
in  the  sense  in  which  he  has  explaioed  the  sub- 
ject, I  do  not  dSssent  fVom  the  doctrine.  Prece- 
dents that  infringe  no  right  may  well  be  a  rule 
of  legislative  economy;  but  i>recedents  against 
the  exercbe  of  power  are  very  insignificant;  pre* 
cedents  against  power  are  vanity — ^a  mere  gossa- 
mer. No  regard  isgeneraily  had  to  such  precedents. 
But,  what  are  precedents  in  fkror  of  power- 
assumed  power  f  These  are  the  bolts— the  rivets 
of  chaitts*-and  are  difficult  to  be  broken  by  the 


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arm  of  legitimate  authority.  When  they  yield, 
it  is  commonly  to  the  strong  power  of  Insorrectioa. 
But,  with  regard  to  precedents  applicable  to  the 
present  subject,  none  hare  been  aaduoed  which 
seem  to  me  to  be  appropriate.  The  laws  estab- 
lishing the  banks  hare  been  referred  to,  but  they 
haye  no  analogy  to  the  present  case ;  and  if  they 
had,  there  has  oeen  no  consistency  of  decisions 
on  the  subject  The  decisions  are  both  ways, 
and  therefore  go  for  nothing,  eyen  if  legislatiye 

Srecedent  could  be  for  a  moment  admitted  to 
etermine  the  construction  of  the  Constitution. 
With  regard  to  the  bank,  it  is  unnecessary  to 
admit  or  deny  its  constitutionality,  in  discussing 
the  present  subject.    I  obserye  that  some  of  the 
State  Le|[fslatures  propose  taiing  the  stock.    In 
the  practical  operation  of  the  bank,  there  is  no 
doubt  it  is  injurious  to  State  institutions  of  the 
aame  kind,  as  its  branches  are  extended  through 
the  States  of  the  Union.    Similar  State  institu- 
tions in  Massachusetts  haye  yielded  a  reyenae  of 
fifteen  thousand  dollars,  from  a  tax  laid  on  their 
capital  stock,  which  has  been  applied  to  the  sup* 
port  of  her  literary  institutional,  while  the  Branch 
Bank  of  the  United  States  is  free  from  such  a 
tax.    I  will  not  digress  further  from  the  subject) 
but  return  for  a  moment  to  the  subject  of  preee* 
dents ;  not  because  I  consider  it  intrinsically  im- 
portant, but  because  it  has  been  urged  upon  the 
consideration  of  the  Committee  with  great  zeal 
and  ardor.    The  Cumberland  road  has  been  ad- 
duced, and  for  aught  appears,  the  law  respecting 
it  passed  without  a  moment's  consideration  upon 
the  constitutionality  of  the  measure :  and  if  so,  it 
is  entitled  to  no  weight  whateyer.    The  purchase 
of  Louisiana  is  in  no  point  analogous.    The  ex- 
press pK>wers  of  making  war  and  peace  render  the 
acquisition  of  lands,  without  the  limits  of  the 
States,  subject  to  the  rules  of  war  and  of  the 
treaty-makmg  power.    The  design  of  war  is  con- 
Quest,  and  an  enem^r  is  to  be  followed  into  his  own 
dominions,  if  practicable  and  necessary,  and  his 
tenitory  is  acquired  by  force,  by  the  laws  of  war, 
which  Congress  haye  an  express  power  to  declare* 
Tbe  war  ceases  in  yirtue  of  the  treaty-making 
power,  and  it  is  in  yirtue  of  this  also  that  the  con- 
quered or  other  lands  may  be  ceded  for  the  ben- 
efit of  the  people.    There  is  another  kind  of  pre- 
cedent alluded  to,  as  well  in  the  report  as  by 
gentlemen  in  argument,  the  expenditure  of  money 
for  charities,  public  buildings,  books,  ornaments. 
It  is  not  certain  that  the  trustees  of  the  public 
money  haye  always  applied  it  to  the  best  possi- 
ble purposes.    But  there  is  a  sensible  difierence 
between  applying  it  to  improyident  or  useless 
purposes,  and  employing  it  to  assume  power  and 
subyert  right.    The  difierence  is  easy  of  illustra- 
tion.   If  I  employ  a  factor  to  dispose  of  my  chat- 
tels, and  yest  the  proceeds  in  stocks,  it  is  merely 
a  breach  of  trust,  if  he  apply  the  money  in 
schemes  of  his  own  deyising ;  but,  if  he  employ 
the  money  to  subyert  my  soil,  and  divert  my 
water-courses,  this  is  a  yiolation  of  my  rights. 
Yet,  both  of  us  misht  agree  to  this  intermeddling 
with  the  soil  and  Uie  streams,  when  there  was  an 
outstanding  title  in  the  estatei  a  mortgage,  or 


other  beneficial  interests  and  if  the propiftetor:of 
that  interest  should  neither  be  cpnsultad  aar  re- 
garded, his  rights  would  be  yiolated.  And  this, 
sir,  is  precisely  the  case  before  the  Ctimmittet;  ' 
The  people  wonld  haye  no  rii^ts,  but  in  XUm* 
gress  and  the  State  Legislamres,  according  to  the 
doctrine  contended  for,  and  stUl  the  Consdtiitioii 
determines  it  to  be  otherwise. 

Sir, there  is  no  agreement  among. the  adro^ 
eates^f  the  resolutions  on  }roar  table.    Some  find 
the  power  contended  for  in  almost  all  parts  of 
the  Constitution ;  some  find  it  absohile,  others 
incidental ;  to  proyide  for  the  comoion  defence 
and  general  welfare,  giyes  it ;  to  make  and  carry 
on  war.  gives  it ;  to  reflate  eammeree,  and  to 
establish  post  offices  and  post  roads,  gire  it.   The 
honorable  Speaker  has  contended,  that  the  power 
to  establish  post  offices  and  post  roads,  ui  the 
power  to  make  them.    But  I  cannot  accede  to 
this  doctrine.    I  cannot,  consistently  with  the 
dignity  of  this  body,  condescend,  Mr.  Chairata*] 
to  quibble  about  the  wori  esublish.    I  will  at- 
tempt a  fair  explanation  of  it  e    The  subjects  to 
which  it  may,  with  propriety,  be  applied,  must 
determine  its  import.     Its  most  common  and 
appropriate  application  is.  to  particular  modes, 
accidents,  or  <][ualities,  of  tuings  existing.    But  it 
can  seldom,  it  ever,  with  propriety,  be  applied  to 
the  formation  of  things,  by  mechanical  or  other 
manual  labor.    You  would  not  ask  an  artificer 
to  esublish  you  a  ship^  a  coach,  a  suit  of  elothesw 
Neither,  when  a  law  is  passed  or  made  by  Con- 
gress, can  it  be  said,  with  any  propriety  of  Ian- 
gusge,  that  the  law  is  established.    But,  if  a  point       ^ 
m  dispute,  arising  out  of  that  law,  should  be  de-        ' 
cided  in  a  court  of  justice,  the  law  upon  that        ^ 
point  would  be  established.    There  have  also        i 
been  adduced,  from  the  Constitution  itself,  in-        i 
stances  of  the  use  of  this  word,  to  show  it  to  be* 
synonymous  with  make  or  construct.    The  first 
instance  that  occurs^  is  in  the  preamble,  where 
it  is  declared,  that  the  Constitution  is  formed,     - 
among  other  things,  to  ^  estafaltsh  justice."    It 
must  be  obyious,  at  first  thought^  that  jnstfoe  is 
of  higher  origin  and  greater  amiquit|r,  than  the 
Constitution^  and,  when  conrts  of  justice  are 
said  to  be  established,  the  meaning  is,  that  a  qual- 
ity is  conferred  on  men,  to  tr^r  eai^es,  and  estab- 
lish poinu  of  law.    The  plain  meaning  of  this 
clause  of  the  Constitution,  according  to  my  uq«> 
derstandiog  of  it,  Is,  that  certain  towns  and  TiUages 
shall  be  designated  in  parts  of  the  coantry  where 
ciyiiized  society  resides,  and  such  society  shall 
be  accommodated  with  a  conyeyance  by  thepub- 
lic  agents  for  their  letters  and  newspapers.    They 
are  entitled  to  this  beneficence  no  longer  than: 
their  roads  will  admit  of  it. 

As  to  the  power  to  regulate  commerce,  I  can- 
not peroeiye  now  the  power  contended  for  results 
from  that,  especially  as  there  wouhl  be  no  limit 
to  your  results ;  lor  public  markets,  corporations 
with  particultc  priyii^es,and  commercial  wantiL 
with  an  Infinity,  of  other  restating  powers,  wonia 
necessariljr  follow  in  succession.  The  first  would 
be  usurpation,  and  then  another,  and  ansthei!.  At- 
the  first,  therefore,  I  should  tay,  stand  cC    I  vill 


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H.  OP  R. 


suTOOse,  bowefvr.  that  yoor  road  was  actaalfy 
made  and  fornished  with  all  its  agents,  superia- 
tendentsjsanrevors.  The  State  is  toharejarisdio- 
tion  OTer  it ;  thejr  shall  poaish  felonies  and  mis- 
demeanors committed  upon  it.    But  what  is  to  be 
done  if  the  State  suffers  obstrnctioos  to  be  erected 
upon  four  road,  and  neglect  to  interpose  their 
authority  7   You  will  then  send  a  platoon,  I  sup- 
pose, to  supply  the  place  of  authority.    Again, 
what  character  is  your  road  to  hare  f    Is  it  not 
to  be  the  highway  of  the  United  States,  and  a 
proper  subject  of  negotiation  as  to  its  use,  in  ex- 
change for  an  equivalent?    To  facilitate  com- 
merce in  peace,  and  approaches  in  war,  your 
road  is  made  from  Maine  to  Canada,  it  may  be 
supposed,  altogether  commodious  for  passing  be- 
tween New  Brunswick  and  Canada.    Will  you 
graht  the  use  of  it,  by  treaty,  for  British  troops, 
passing  between  the  two  colonies,  in  exchange  for 
some  advantage  of  commerce  to  the  West  In- 
dies 1    Then,  should  the  standard  of  revolt  be 
raised  in  the  Canadas,  your  road,  and  its  borders, 
would  be  turned  into  a  theatre  of  warfare,  and 
that  in  diract  violation  of  Constitutional  rights. 
In  time  of  war,  let  the  laws  of  war  govern  i  in 
peace,  prepare  for  it  by  Constitutional  means 
only.    It  is  sufficient  to  resort  to  the  law  of  ne- 
cessity when  ail  others  are  insufficient.  The  close 
of  the  lon^  series  of  calamities  which  have  passed 
in  succession  before  us,  seems  not  to  require  any 
unusual,  any  untried  schemes  of  aggrandizement 
of  power.    Inpursuit  of  these  objects,  we  have 
seen  the  Old  World  in  constant  eonvoitions  for 
more  than  twenty  years.    The  passions  of  men 
were  there  moulded  to  a  ferocity  exceeding  the 
fiercest  tenaat  of  the  forest.    Human  sacrifice, 
by  human  hands,  was  the  ordinary  work  of  the 
day — it  was  brought  into  system.    Justice  and 
humanity  ceased  to  be  the  signs  of  merit.    Atn- 
bitioB  swallowed  up  all  subordinate  sensations 
of  the  heart;  and  the  air  was  constantly  rent  with 
shouts  and  acclamations  of  Yietorious  war,  while 
the  earth  groaned  with  the  miseries  of  the  fallen. 
In  fine,  sir,  the  genius  of  destruction,  the  destroy- 
ing angel,  was  commissioned  aad  let  loose  upon 
the  world ;  and,  from  the  burning  deserts  of  the 
South,  to  the  frozen  regions  of  Siberia ;  from 
the  ladies  to  the  western  limit  of  the  Old  World, 
all  felt  the  vengeance  of  his  arm,  the  blast  of  his 
wiags.    But  the  Old  World  was  too  narrow  for 
the  fulfillment  of  his  commission.    We  have 
seen  him  on  the  ocean,  a  witness  to  scenes  of  con- 
flict, when  our  own  aj^proached  an  enemy's  ship, 
close  and  terrible,  but  in  no  measure  doabtfni.  We 
hare  seen  him  on  our  Atlantic  shores;  in  the 
North ;  in  the  West.    And  here,  sir,  in  our  own 
dominions,  his  dread  commission  was  closed-* 
and  it  nay  be  said,  without  imputation  of  osten- 
tation, that  he  imprinted  the  word  "  victory"  on 
our  national  banner,  and  retired  from  the  world. 
All  was  instantly  a  calm.    We  look  back  on  the 
mighty  spectacle  without  the  power  to  grasp  it, 
even  by  the  efforts  of  imagination.    We  are  con- 
founded by  the  awful  grandeur  of  realities  in  his- 
tory, which  have  been  witnessed  in  our  own 
days.    No  period  since  the  existence  of  the  world 


is  to  be  named  with  it,  and  none  can  be  imagined 
as  probable  in  future  ages.  In  the  calm  o?  the 
present  moment,  we  are  called  upon  to  legislate. 
as  if  another  similar  period  were  at  hand.  Sir,  I 
repeat^  I  would  always  be  prepared  for  war,  but 
prepared  according  to  the  dictates  of  sound  dis« 
cretioo,  in  apportioning  the  means  to  the  occa- 
sion. &ut  especitlly  would  I  avoid  even  the 
appearance  or  encroachment  on  vested  rights, 
when  the  imperious  law  of  necessity  makes  no 
demand  of  it. 

I  do  not  consider,  Mr.  Chairman,  that  the  stip- 
ulation in  your  resolutions  to  give  an  equivalent 
for  the  property  you  may  takcL  in  the  exercise  of 
the  power  cootemplateu,  is  or  the  smallest  im-* 
portance.  There  can  be  no  equivalent  for  righta 
seized  upon.  The  laws  of  the  respective  Statea 
have  established  the  mode^  the  process  by  which 
the  individual  may  be  divested  of  the  use  of  hie 
property  for  the  public  benefit,  and,  by  the  con- 
stitutions and  laws  of  some  of  the  States,  ther« 
are  some  kinds  of  privileged  property  which  can* 
not  be  taken  in  the  ordinary  administration  of 
such  constitutions  and  laws.  The  right,  to  be 
heard  in  the  courts  established  to  adjudicate  oft 
this  subject,  is  a  vested  right  in  every  individual. 

I  have  hardly  thought  it  necessary  to  advert 
to  arguments  founded  on  a  supposed  analog, 
between  expending  money  for  building  light- 
houses, purchasiog  a  library,  paintings,  and  mak- 
ing charitable  or  honorary  gihs  to  the  proposed 
objecta  of  expenditure  in  the  resolutiooe.  Sir, 
there  is  no  exercise  of  power  in  all  this,  that  may 
not  be  exercised  by  an  individual.  He  may 
boild  a  house  and  ornament  it,  or  he  may  place 
it  on  a  promontory  and  light  it  up  in  the  night  for 
the  benefit  of  the  merchant  and  mariner;  but 
there  is  really  nothing  of  analogy,  that  I  can  per- 
ceive, in  the  nature  of  the  case. 

Mr.  Chairman,  I  will  touch  but  one  subject 
more,  and  that  briefly.  The  measure  in  contem* 
plation,  if  carried  into  efiect,  must  pervade  the 
whole  system  of  State  aad  municipal  authorities, 
and  impair  the  vested  rights  of  innumerable  cor-- 
porations,  who  have  virtually  the  faith  of  their 
States  pledged  not  to  admit  so  powerful  a  com- 
petition as  the  Congress  of  the  united  States  to 
the  exercise  of  the  tunctions  of  those  institutions* 
The  honorable  Speaker  has  seen  fit  to  introduce 
the  letter  of  the  ^^  Father  of  his  Country"  to  the 
President  of  Con|[ress,  stating,  among  other  things, 
that  the  Convention  had  kept  in  view  *'  the  con- 
solidation of  our  Unions"  Sir,  the  consolidatioB 
of  our  Union  is  essentialiy  different  from  a  con-*  - 
solidation  of  the  States  and  their  definite  powers 
—the  one  is  the  ceaMut  of  your  marble,  the  other 
the  chemical  process  that  dissolves  it  to  a  rude 
unformed  mass.  I  agree  with  the  honorable 
Speaker,  that  we  are  one  family,  and  that  the 
good  of  all  is  to  be  consulted.  But,  sir,  it  is  never 
to  be  forffotten,  that  we  are  a  family  by  affinity, 
and  inhabit  distinct  apartments  of  the  political 
edifice.  Yon  hold  the  upper  loft  of  the  same  edi* 
fice^  I  would  be  cautious  of  enlarging  the  ave- 
nues to  these  different  apartments  now  harmo- 
niously governed  by  their  ocoupanta ;  but,  espa-  > 


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Ma«9b,  isia. 


ciaUy,  I  wonlcl  sot  rfioove  th«  frndiU^ac,  (#r  ia 
tjb»  operation  eren  the  pillara  mnit  bt  swept 

Sway,  and  your  superstruoture  fall  into  ruios. 
1*1001  thevfe  roins  would  be  moiUded,  by  the  hand 
o£  faolioo,  a  atupeadous  deapotisBi,  Bplecdid  in 
armor,  but  terrilBo  in  aspect,  gigaotic  io  power, 
leleotlesB  ia  the  exeroiie  of  it;  every  Toioe  that 
should  be  heard  in  support  of  our  expiring  iiber- 
Ue«  woiild  be  silenced ;  every  arm  that  should  be 
laised  ia  their  defence  would  be  paralysed-— 
smitten  off. 

I  would,  therefore,  not  rentore  hastily  on  ei- 
p^lments  which  tend  to  blend  or  eonfuse  the 
powers  of  our  political  institutions;  but,  with  a 
serapulous  care,  would  leave  no  means  unessayed 
to  protect  all,  and  hsnd  down  to  posteritv  taat 
ipreat  body  of  National  and  State  rights  and  priv- 
uegesi  which  we  have  derived  from  the  wisdom, 
the  valor,  and  the  blood  of  our  fathers. 

Mr.  Clay  said,  that  he  had  been  anxious  to 
oatoh  the  eye  of  the  Chairman  for  a  few  mo^ 
mants,  to  reply  to  some  of  the  observations  which 
had  fallea  from  various  gentlemen.  He  was 
aware  tha^  in  doing  this,  he  risked  the  kss  of 
what  was  of  the  utmost  value— the  kind  favor  of 
the  House,  wearied  as  its  patience  was  by  this 
pioUmged  debate.  But,  when  he  felt  what  a  deep 
interest  the  UnioA  at  large,  and  particularly  that 
quarter  of  it  whence  ha  eame,  had  in  the  deeision 
of  the  present  question,  he  could  not  omit  an  op* 
portunity  of  earnestly  urging  upon  the  House  the 
propriety  of  letainiag  the  important  power  which 
that  question  involved^  It  will  be  recollected, 
said  Bart  C,  that,  If  unfortunately  there  sho^d  be 
a  majjodty  both  against  the  abstract  proposition 
aseertuig  that  power,  and  against  its  practical  ex- 
enution,  the  power  is  gone  forever-*the  question 
is  i^ut  at  rf  St  so  long  as  the  Constitution  remains 
as  it  is;  and  with  respect  to  any  amendment,  in 
this  particttUir,  he  confessed  he  utterly  despaired. 
It  would  be  borne  in  mind,  that  the  biU  whioh 

Ed  Congress  on  this  subject  at  the  last  session, 
}psn  rejected  by  the  late  President  of  the 
id  States;  that^at  thecomaMncement  of  tJie 
Meoent  session,  the  President  had  communicated 
hisxlear  opinion,  after  every  effort  to  come  to  a 
dtferent  conclusion,  that  Congress  did  not  pos- 
sess the  power  contended  for,  and  had  called  upon 
us  to  take  up  thesolqect  in  the  shape  of  an  amend* 
ment  to  the  Constitution;  and,  moreover,  that 
the  predecessor  of  the  present  and  late  President 
had  also  intimated  his  opinion  that  Congress  did 
not  possess  the  fomet.  With  the  great  weicht 
and  authority  of  the  t^inioM  of  these  disun* 
gmahed  men  against  the  power,  and  with  the  fhct, 
solemnly  entered  upon  the  recofd,  that  thiaHouse, 
afiar  a  deliberate  review  of  the  ground  taken  by 
it  at  the  last  session,  had  decided  against  the  ex- 
isteaeeof  it,(if  such  tataily  should  be  thedecisioa,} 
the  power,  he  repeated,  was  gone,  gone  forever, 
mUesa  restored  by  aa  amendment  to  the  Consti- 
tution. With  regard  to  the  practicability  of  ob- 
taining such  an  amendment,  he  thought  it  alto- 
gether out  of  the  question.  Two  different  de- 
scriptions of  person^  entertaining  sentiments  di- 
recily  QPpMed,  would  unite  and  defeat  such  an 


amendment;  one  eml^oing  those  who  believed 
that  the  Constitutiod,  (airly  interpreted,  already 
conveys  the  power,  and  the  other,  taose  who  think 
that  Congress  have  not,  and  ougtit  not  to  have  it« 
As  a  large  portion  of  Congress,  and  probity  a. 
majority,  believed  the  power  already  to  exist,  it 
must  be  evident,  if  he  were  right  in  supposing 
that  any  eonsidemble  number  of  that  majority 
would  vote  against  an  amendment  which  they 
did  not  beliete  necessary,  that  any  attempt  le 
amend  would  faiL  Considering,  as  he  did,  the 
existence  of  the  power  as  of  the  first  importance^ 
not  merely  to  the  preservation  of  the  Union  oi 
the  States^  paramount  as  that  consideration  ever 
should  be  over  all  others,  bat  to  the  prosperity  of 
every  great  interest  of  the  country,  agriculture, 
maaunotures,  commerce,  in  peace  and  in  war,  it 
becomes  us,  said  Mr.  C,  solemnly,  and  deliber* 
ately,  and  anxiously,  to  examine  the  Constitn* 
tion,  and  not  to  surrender  it,  if  fairly  to  be  col* 
lected  from  a  just  interpretation  of  that  instru* 
ment. 

With  regard  to  the  alarm  sought  to  be  created, 
as  to  the  nature  of  the  power,  by  bringing  up  the 
old  theme  of  *^  State  rights,"  he  would  obMrve, 
that  if  (he  illustrious  persons  just  referred  to  were 
against  us  in  the  construction  of  the  Constitution, 
they  werp  on  our  side,  as  to  the  harmless  and 
beneficial  character  of  the  power.  For  it  was  not 
to  be  conceived  that  each  of  them  would  have 
recommended  an  amendmeat  to  the  Constitution, 
if  they  believed  that  the  possession  of  such  a 
power  by  the  General  Qovernment  would  be  de« 
trimentaL  much  less  dangerous  to  the  indepeadr 
ence  and  liberties  of  the  States.  What  real  ground 
was  there  for  this  alarm?  Gentlemen  had  not 
condescended  to  show  haw  the  subversion  of  the 
rights  of  the  Stales  jaas  to  follow  from  the  exer- 
cise of  the  power  of  internal  improvements  by 
the  General  Gonrrnment*  We  contend  for  the 
power  to  make  roads  and  canals  to  distribute  the 
lotelligeQce,  force,  and  productions  of  the  country 
through  all  its  parts;  and  for  such  jurisdiction 
only  over  them  as  is  necessary  to  their  preserva- 
tion from  wanton  injury,  and  trom  gradual  decay. 
Suppose  such  a  power  is  maintained,  and  in  full 
operation ;  imagine  it  to  extend  to  every  canal 
made  or  proposed  to  be  made,  and  to  every  post 
road,  how  inconsiderable  and  insignificant  is  the 
power,  in  a  political  point  of  view,  limited  as  it 
IS  with  regard  to  place  and  to  purpose^  when  con- 
trasted with  the  great  mass  of  powers  retauaed 
by  the  State  soveidgnties !  What  a  smaU  sub* 
traction  from  that  omms  I  Bven  upon  thoee  reada 
and  canals  the  State  governments,  according  to 
our  principles,  would  still  exernise  jurisdictiiOA 
over  every  possible  case  arising  upon  them)  whe- 
ther of  crime  or  of  contract,  or  any  other  hamaa 
transaction,  except  only  what  immediately  af<« 
fected  their  existence  and  preservation.  Thna 
defined,  thus  limited*  and  stripped  of  all  factitiona 
causes  of  alarm,  Mr.  C.  would  appeal  to  the  dia- 
passioaate  candor  of  gentlemen  to  say,  if  th* 
power  really  presented  anything  frightful  in  it? 
With  respect  to  post  roads,  our  adversaries  admit 
the  right  of  way  in  the  General  Government* 


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H.orIi« 


There  had  beanv^b^^e^er,  on  thasqiieeUoB  some 
instances  of  coomcty  which  badpassedaway  with- 
om  any  serious  difficulty.  Conoeeticut|  if  he 
had  been  righdy  informed,  had  di^puied  at  one 

Siriod,  the  rkht  of  passage  of  the  mail  on  the 
abbath.  The  General  CfovernBient  persisted  in 
the  exercise  of  the  right,  and  Connecticat  herseU^ 
and  everybody  else,  acquiesced  in  it. 

The  gentleman  from  Virginia  (Mr.  H.  Ssw- 
aoif)  has  contended,  Mr.  C.  continued,  that  I  do 
not  adhere,  in  the  priDcipIes  of  construction 
which  I  apply  to  the  Constitution,  to  the  repiU>- 
Iican  doctrines  of  1798,  of  which  that  gentleman 
would  hare  us  believe  he  is  the  constant  disciple. 
Let  me  call  the  attention  of  the  Committee  to 
the  celebrated  State  paper  to  which  we  both  re- 
fer for  our  principled  la  this  respect— «  paper 
which,  although  I  had  not  seen  it  for  sixteen 
Years  until  the  gentleman  had  the  ppliteaess  to 
furnish  me  with  it  during  this  debate,  made  such 
an  impression  upon  my  mind,  that  I  shall  neyer 
forget  the  satis&ction  with  which  I  first  perused 
it.  I  find  that  I  had  used,  without  having  been 
aware  of  it,  when  I  formerly  addressed  the  Com- 
mittee, almost  the  identical  laoouage  employed 
by  Mr.  Madison  in  that  pa|»er.  It  will  he  recol* 
lected  that  I  claimed  no  right  to  exercise  any 
power  under  the  Constitution,  unless  such  power 
was  expressly  granted,  or  necessary  and  proper 
to  carry  into  eSect  some  granted  power.  I  hare 
not  sought  to  derive  the  power  rrom  the  dause 
which  authorizes  Congress  to  appropriate  money. 
I  have  been  contented  with  endeavoring  to  show» 
that  according  to  the  doctrines  of  1796,  that  ac- 
cording to  the  most  rigid  interpretation  which 
any  one  will  pot  upon  the  instrument,  it  is  ea- 
presslj  given  in  one  case,  and  fairly  deJuoible  in 
others,  f  Here  Mr.  C.  read  sundry  passages  from 
Mr.  Madison's  report  to  the  Virginia  LeffislatiAre 
of  an  answer  to  the  resolutions  of  severed  States, 
concerning  the  alien  and  sedition  laws,  showing 
that  there  were  no  powers  in  tho  Qeaeiial  Goveio- 
meat  but  what  were  granted,  and  that,  whenever  a 
power  was  claimed  to  be  exercised  by  it,  snch 
power  must  be  shown  to  be  granted,  or  to  be  aecea • 
mxj  and  proper  to  carry  into  effect  one  of  the  speci- 
fied powers.]  It  would  be  remarheilf  Mr.  C.  said, 
that  Mr.  Madison,  in  his  reasoning  on  the  Con* 
stitutio0|  had  not  employed  the  language  fashion- 
able during  this  debate  j  he  had  not  said  that  an 
implied  power  must  be  absolotely  necessary  to 
carry  into  effect  the  specified  power,  to  which  it 
ia  apportenan^  to  enable  the  General  Qovern- 
ment  to  exercise  it.  No!  Mr*  C.  said^  this  was 
a  modern  iaterpreution  of  the  Constitution.  Mr. 
Madison  had  employed  the  language  of  the  in- 
stroment  itself,  and  had  only  contended  that  the 
implied  power  most  be  neees^ry  and  proper  to 
cany  into  efiect  the  specified  power.  He  h«4 
only  contended  that  when  Congress  appUed  its 
lonnd  judgment  to  the  Constitotioo,  in  relation 
to  implied  powers,  it  should  be  clearly  seen  that 
they  were  necessary  and  pio{>er  to  effectuate  the 
ifeeified  powers.  These,  said  Mr.  C^  are  my 
Kinciplea;  but  the  v  are'no^  those  of  the  gentUtmao 
uom  Virginia  and  his  friends  oa  this  eocasion* 


Thejr  contend  for  a  degree  of  necessity  absolute 
and  indispensable,  that  by  no  possibility  could 
the  power  be  otherwise  executed. 

That  there  are  two  classes  of  powers  in  the 
Constitution,  Mr.  C.  believed  never  to  have  been 
controverted  by  any  American  politieian.  We 
cannot  foresee  and  proride  specifically  for  al} 
contiuffeacies.  Man  and  his  Unguage  are  both 
imperfect.  Hence,  the  existence  of  construction, 
and  of  constructive  powers.  Hence,  also,  the 
rule  that  a  grant  of  the  end  is  a  grant  or  the 
means.  If  you  amend  the  Constitution  a  thous- 
and  times,  the  same  imperfection  of  our  nature 
and  our  language  will  attend  your  new  works* 
There  are  two  oangers  to  which  we  are  exposed* 
The  one  is,  that  the  General  Government  mar 
relapse  into  the  debility  which  existed  in  the  olct 
Confederation,  and  finally  dissolve  from  the  want 
of  cohesion.  The  denial  to  it  of  powers  plainly 
conferred,  or  clearlv  necessary  and  proper  to  exe- 
cute the  conferreo  powers,  may  produce  thif 
effect.  And,  I  think|  with  great  deference  to  the 
gentlemen  on  the  other  side,  this  is  the  danger  to 
which  their  principles  directly  tend.  The  other 
danger  is,  that  of  consolidation  hj  the  assumption 
of  powers  not  granted  nor  incident  to  grantea 
powers— the  assumption  of  powers  which  have 
been  withheld  or  ex[)re8slv  prohibited.  This  was 
the  danger  of  the  period  oi  1798-^.  For  instance, 
in  that  direct  contradiction  to  a  prohibitory  clause 
of  the  Constitution,  a  sedition  act  was  passed  | 
and  an  alien  law  was  also  passed,  in  equal  viola- 
tion of  the  spirit,  if  not  of  the  express  provisions 
of  the  Constitution*  It  was  by  such  measures  that 
the  Federal  party,  (if  parties  might  be  name^) 
throwing  off  the  veil,  furnished  to  their  adversa- 
ries the  most  effectual  sround  of  opposition.  If 
thev  had  not  passed  those  acts,  he  thought  it 
highly  probable  that  the  current  of  power  would 
have  continued  to  flow  in  the  same  channel;  and 
the  chanji^e  of  parties  in  1801,  so  auspicious  to 
the  best  interests  of  this  country,  as  he  believed^ 
would  never  have  occurred. 

Mr.  C.  begged  the  Committee— he  entreated 
the  true  friends  of  the  confederated  Union  of 
these  States — to  examine  this  doctrine  of  State 
rights,  and  see  to  what  abusive,  if  not  dangeroua 
consequences  it  may  lead,  to  what  extent  it  had 
been  carried,  and  how  it  had  varied  by  the  same 
State  at  different  times.  In  alluding  to  the  State 
of  Massachusetts,  he  assured  the  gentlemen  froin 
that  State,  and  particularly  the  honorable  chair-* 
man  of  the  comnuttee  to  whom  the  claim  of 
Massachusetts  had  been  referred^  that  he  had  no 
intention  to  create  any  prejudice  against  that 
claim.  He  hoped  that,  when  the  subject  was 
taken  up,  it  would  be  candidly  and  dispassion** 
atelv  considered,  and  that  a  decision  would  be 
made  on  it  consistent  with  the  rightsof  the  Union 
and  of  the  State  of  Massachusetts.  The  high 
character,  amiable  disposition,  and  urbanity  of 
the  gentleman  (Mr.  Mason,  of  Massachusetts) 
to  whom  he  had  alluded,  would,  if  he  had  been 
otherwise  inclined,  prevent  him  from  endeavor- 
ing to  make  impressions  unfavorable  to  the  claim 
whose  justice  that  gentleman  stands  pledged  to 


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manifest.  But.  in  the  period  of  1798-9,  what 
was  the  doctrine  promulgated  by  Massachusetts? 
It  was,  that  the  States,  in  their  sovereign  capaci- 
ties, had  no  right  to  examine  into  the  Constitu- 
tionality or  expediency  of  the  measures  of  the 
General  Government.  [Mr.  C.  here  quoted  sev- 
eral passages  from  the  answer  of  the  State  of, 
Massachusetts  to  the  Virginia  and  Kentucky  re- 
solutions concerning  the  alien  and  sedition  laws, 
to  prove  his  position.]  We  see  here  an  express 
disclaimer,  on  the  part  of  Massachusetts,  of  any 
right  to  decide  on  the  Constitutionality  or  expe- 
diency of  the  acts  of  the  General  Government. 
But  what  was  the  doctrine  which  the  same  State, 
in  1813,  thought  proper  to  proclaim  to  the  world, 
and  that  too  when  the  Union  was  menaced  on 
all  sides?  She  not  only  claimed,  but  exercised, 
the  right  which,  in  1799,  she  had  so  solemnly 
disavowed.  She  claimed  the  riffht  to  judge  of 
the  propriety  of  the  call  made,  by  the  General 
Government,  for  her  militia,  and  she  refused  the 
militia  called  for.  There  was  so  much  plausi- 
bility in  the  reasoning  employed  by  that  State 
In  support  of  her  modern  doctrine  of  "  State 
rights,*'  that,  were  it  not  for  the  unpopularity  of 
the  stand  she  took  in  the  late  war.  or  had  it  been 
in  other  times  and  under  other  circumstances, 
she  would  very  probably  have  escaped  a  great 
portion  of  that  odium  which  has  most  justly 
fallen  to  her  lot.  The  Constitution  gives  to  Con- 
gress power  to  provide  for  calling  out  the  militia 
to  execute  the  laws  of  the  Union,  to  suppress  in- 
surrections and  to  repel  invasions,  and  in  no 
other  cases.  The  militia  is  called  out  by  the 
General  Government,  during  the  late  war,  to 
repel  invasion.  Massachusetts  said,  as  you  have 
no  right  to  the  militia  but  in  certain  contingen- 
cies, she  was  competent  to  decide  whether  those 
contingencies  had  or  had  not  occurred.  And, 
having  examined  the  fact,  what  then  ?  She  said 
all  was  peace  and  quietness  in  Massachusetts,  no 
non-execution  of  the  laws,  no  insurrection  at 
home,  no  invasion  from  abroad,  nor  any  imme- 
diate danger  of  invasion.  And,  in  truth,  Mr.  C. 
said,  he  believed  there  was  no  actual  invasion  for 
nearly  two  years  after  the  requisition.  Under 
these  circumstances,  had  it  not  been  for  the  sup- 
posed motive  of  her  conduct,  he  asked  if  the  case 
which  Massachusetts  made  out  would  not  be  ex- 
tremely plausible  ? 

Mr.  C.  said  he  hoped  it  was  not  necessary 
for  bira  lo  say  that  it  was  very  far  from  bis  in- 
tention lo  convey  anything  like  approbation  of 
the  conduce  of  Ma55achu setts.  No!  his  doctrine 
wlSj  that  the  States,  as  States,  have  no  right  to 
oppose  the  execution  of  the  powers  which  the 
General  Goveromcot  asserts,  Any  Stale  has  un- 
doubtedly the  right  to  express  its  opinion,  in  the 
form  of  resolution  or  otherwise^  and  to  proceed, 
by  ConsUiuiional  naeans.  to  redress  any  real  or 
even  imaginary  grievance  j  but  U  has  no  right  to 
withhold  its  military  aid,  when  called  upon  by 
the  high  authorities  of  ibe  General  Government, 
much  less  10  obstruct  the  execution  of  a  law 
regularly  passed.  To  suppose  the  existence  of 
such  an  alarming  right^  is  to  £uppose^  if  not  dis- 


union itself,  such  a  state  of  disorder  and  confu- 
sion as  must  inevitably  lead  to  it. 

Mr.  C.  said,  that,  greatly  as  he  venerated  the 
State  which  gave  him  birth,  and  much  as  he  re- 
spected the  judges  of  its  supreme  court,  several 
of  whom  were  his  personal  friends,  he  was  obliged 
to  think  that  some  of  the  doctrines  which  that 
State  had  recently  held  concerning  State  rights, 
were  fraught  with  much  danger.  Had  those  doc- 
trines been  asserted  during  the  late  war,  and  re- 
lated to  the  means  of  carrying  on  that  war,  a 
large  share  of  the  public  disapprobation  which 
has  been  given  to  Massachusetts,  might  have 
fallen  on  Virginia.  What  were  these  doctrines? 
The  courts  of  Virginia  have  asserted  that  they 
have  a  right  to  determine  on  the  Constitutionali- 
ty of  any  law  or  treaty  of  the  United  States,  and 
to  expound  them  according  to  their  own  views, 
even  if  they  should  vary  from  the  decision  of  the 
Supreme  Court  of  the  United  States.  They 
have  asserted  more — that  from  their  decision 
there  could  be  no  appeal  to  the  Supreme  Court 
of  the  United  States,  and  that  there  exists  in 
Congress  no  power  to  frame  a  law,  obliging  the 
court  of  the  State,  in  the  last  resort,  to  submit  its 
decision  to  the  supervision  of  the  Supreme  Court 
of  the  United  States;  or,  if  he  did  not  misunder- 
stand the  doctrine,  to  withdraw  from  the  State 
tribunals  controversies  involving  the  laws  of  the 
United  States,  and  to  place  them  before  the  Fed- 
eral Judiciary.  I  am  a  friend,  said  Mr.  C.,  a  true 
friend  to  State  rights;  but  not  in  all  cases  as 
they  are  asserted.  The  States  have  their  ap- 
pointed orbit ;  so  has  the  Union ;  and  each  should 
be  confined  within  its  fair,  legitimate,  and  Con- 
stitutional sphere.  We  should  equally  avoid  that 
subtle  process  of  argument  which  dissipates  into 
air  the  powers  of  this  Government,  and  that 
spirit  of  encroachment  which  would  snatch  from 
the  Slates  powers  not  delegated  to  the  General 
Government.  We  shall  thus  escape  both  the 
dangers  I  have  noticed— that  of  relapsing  into 
the  alarming  weakness  of  the  Confederation, 
which  was  described  as  a  mere  rope  of  sand,  and 
also  that  other,  perhaps  not  the  greatest  danger, 
consolidation.  No  man  deprecates  more  than  1 
do,  the  idea  of  consolidation ;  yet,  between  sepa- 
ration and  consolidation,  painful  as  would  be  the 
alternative,  he  should  greatly  prefer  the  latter. 

Mr.  C.  would  now  proceed  to  endeavor  to  dia* 
cover  the  real  difiference,  in  the  interpretation  of 
the  Constitution,  between  the  gentlemen  on  the 
other  side  and  himself.  It  was  agreed  that  there 
was  no  power  in  the  General  Government  bat 
that  which  is  expressly  granted,  or  which  is  im* 
piicable  from  an  express  grant.  The  difference, 
then,  must  be  in  the  application  of  this  rule.  The 

Stntleman  from  Virginia,  who  has  favored  the 
ouse  with  so  able  an  argument  on  the  subject, 
had  conceded,  though  somewhat  reluctantly,  the 
existence  of  incidental  powers ;  bat  he  contend- 
ed that  they  must  have  a  direct  and  necessary 
relation  to  some  specified  power.  Granted.  Bat 
who  is  to  jadge  of  this  relation  ?  And  what  rale 
can  you  prescribe  different  from  that  which  the 
ConstitutioHhae  reqaired,  that  it  should  be  ne- 


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H.  orR. 


ensary  and  proper  ?    Whatcrer  may  be  the  ralej 
m  whater^T  kaffoage  ycm  nHiy  choose  to  ezt>r^ 
iif  tbeve  mast  m  a  eertaio  deme  of  discretion 
Mt  to  thm  agent  who  is  to  apply  it.    Bttt  gentle- 
man aire  aknmed  at  this  ^bcretion,  that  mw  of 
tyiffmnts,  on  whiefa  ttiey  eootead  there  is  no  Htnita- 
ticm.    It  should  be  obeerred,  in  the  first  place, 
tliat  the  gentlemen  are  neeessarity  brouffht,  by  the 
Tcry  eooiae  of  reasoning  whieh  they  themselres 
eaipioy,  by  all  the  roles  which  they  would  Fay 
down  ibr  the  Const!  tation  ;  to  eases  where  dis* 
etedon  must  exist.    Bat  is  there  no  limitation, 
no'seenrity  a|^n«t  the  abnee  of  it  ?    Yes,  there 
18  sneh  seeority  in  the  fkct  of  onr  being  members 
of  the  aame  society,  eqaally  affected  oorselres  by 
the  lawa  we  promnigate.    There  is  the  further 
acanrity  in  tlie  oath  whieh  is  taken  to  support  the 
Gottstitattoo,  and  which  will  tend  to  restrain 
Congress  from  deriving  powers  which  are  not 
proper  and  necessary.    There  is  the  yet  further 
seeority,  that  at  the  end  of  every  two  Tears  the 
members  mast  be  amenable  to  the  people  for  the 
manner  in  which  their  trust  has  been  performed. 
And  there  remains  also  that  further  though  awful 
security,  the  last  resort  of  society,  which  he  con- 
tended belonged  alike  to  the  people  and  the 
Stales  in  their  sovereign  capacity,  to  be  exercised 
m  extreme  eases^  and  when  oppression  becomes 
iattolerable,  the  right  of  resistance.  Take  the  gen- 
tleman's own  doctrine,  (Mr.  Barbour,)  the  most 
reatrieltd  which  had  been  asserted,  and  what 
other  securities  haye  we  against  the  abuse  of 
pow^r  tiian  those  which  I  have  enumerated? 
Say  that  there  must  be  an  absolcrte  necessity  to 
jualiiy  the  exercise  of  an  implied  power,  who  is 
lo  define  that  absolaie  necessity,  and  then  to  ap- 
ply it  7    Who  is  to  be  the  judge?    Where  is  the 
security  against  transcending^  that  limit  ?    The 
rale  the  gentleman  contends  for  has  no  greater 
security  than  that  maisted  upon  by  us.    It  equally 
leads  to  the  same  discretion— a  sound  discretion, 
eJoarciBed  mder  all  the  responsibiHtr  of  a  solemn 
oath ;  of  a  regard  to  our  fair  fame;  or  a  knowledge 
that  we  are  ourselves  the  subjects  of  those  laws 
whieh  we  paas ;  and,  laetty,  of  the  right  of  ■resist'- 
iMg  insupportable   tyranny.     And    by  way  of 
iUnslmtion,  Mr.  C.  said,  that  if  the  sedition  act 
had  not  been  condemned  by  the  Indignant  roice 
of  the  commvmitjr,  the  right  of  resistance  would 
haTa  aeeraed.    If  Congress^  assumed  the  power 
to  eoatrol  the  right  or  speech,  and  to  assail  by 
penal  statutes  that  greatest  ef  M  the  buhrarks 
ef  liberty,  the  freedom  of  the  press,  and  there 
weie  no  othor  uMans  to  arr^t  their  progress,  but 
that  to  whieh  he  had  referred,  lamentable  as 
would  be  the  appeal,  such  a  monecrons  abuse  of 
power,  he  contended,  would  authorize  a  recur- 
renee  to  that  right. 

If,  then^  the  ffentlemen  on  the  other  side  and 
himself  diffined  so  Mttle  in  their  general  princi^ 
pies,  as  he  thought  he  had  shown,  he  would  pro- 
oead  for  a  lew  moments  to  look  at  the  C>>nstitu- 
lion  a  little  more  in  detail.  I  hare  contended, 
said  Mr.  C,  that  the  power  to  construct  post 
taais  it  expresaly  granted  in  the  power  to  estab- 
lish post  roads.    If  it  be,  there  irt^n  end  to  the 


controversy ;  but  if  not,  the  next  inquirv  is,  whe- 
ther that  power  may  be  fairly  deduced  bjr  impli- 
cation from  any  of  the  specified  grants  or  power. 
To  show  that  the  power  is  expressly  granted,'! 
mi^ht  safely  appeal  to  the  arguments  already 
used  to  prove  that  the  word  estaoHik,  in  this  casCj 
can  mean  only  one  thing — the  rizht  of  making. 
Several  gentlemen  bad  contended  that  the  word 
had  a  different  sense;  and  one  had  resorted  to  the 
preamble  of  the  Constitution  to  show  that  the 
phrase  ^to  establish  justice,"  there  used,  did  not 
convey  the  power  of  cjreation.  If  the  word 
"  establish''  wasf  there  to  be  taken  in  the  sense 
which  ^ntlemen  claimed  for  it,  that  of  adoption 
or  designation,  Congress  could  have  had  a  choice 
only  of  systems  of  justice  pre-existing.  Would 
any  gentleman  contend  that  they  wereoblieed  to 
take  the  Justinian  code,  the  Napoleon  code,  the 
code  of  civil,  or  the  code  of  common  or  canpn 
law  ?  fistablishment  means  in  the  preamble,  as 
in  other  cases,  construction,  formation,  creation* 

Let  me  aslr,  in  all  cases  of  crime,  which  are 
merely  malum  prohibitum,  if  you  do  not  resort 
to  construction,  to  creating,  when  you  make  the 
offence  ?  By  four  laws  denouncing  certain  acts 
as  criminal  ofences,  laws  which  the  good  of 
society  require  you  to  pass,  and  to  adapt  to  our 
peculiar  condition,  you  do  construct  and  create  a 
system  of  rules,  to  be  administered  by  the  judi- 
ciary. But  gentlemen  say  that  the  word  cannot 
mean  make;  that  you  would  not  say,  for  exam- 
ple, to  establish  a  ship,  to  establish  a  chair.  In 
the  application  of  this,  as  of  all  other  terms,  you 
must  be  giiided  by  the  nature  of  the  subject  \  and 
if  it  cannot  properly  be  used  In  all  cases,  it  does 
not  follow  that  it  cannot  be  in  any.  And  when 
we  take  into  consideration,  that,  under  the  old 
Articles  of  Confederation,  Congress  had  over  the 
subject  of  post  roads  just  as  mUch  power  as  gen- 
tlemen aUow  to  the  existing  GK>vernment,  that  it 
was  the  general  scope  and  spirit  of  the  new  Con- 
stitution to  enlarge  the  powers  of  the  General 
Gbyemment,  and  that,  in  fact,  in  this  v^ry  clause, 
the  powet  to  establish  post  roads  is  superadded 
to  the  power  to  establish  post  offices,  which  was 
Mone  possessed  by  the  former  Government,  he 
thought  that  he  might  safelv  consider  the  argu-r 
meat  on  this  rart  of  the  subject  as  successfully 
maintained,  with  respect  to  military  roads,  the 
concession  that  they  may  be  made  when  called 
for  bjTthe  emergency,  is  admitting  that  the  Con- 
stitution conveys  the  power.  And  we  may  safely 
appeal  to  the  judgment  of  the  candid  and  enlight- 
ened, to  decide  between  the  wisdom  of  those  two 
eonstructions,  of  which  one  requires  you  to  wait, 
for  the  exercise  of  your  power,  until  the  artival 
of  an  emergency,  whiefa  may  not  allow  you  to 
ttttX  it ;  and  the  other,  without  denying  you  the 
power,  if  you  can  exercise  it  during  the  emex;- 
geney.  claims  the  right  of  providing  beforehand 
against  the  emergency. 

One  member  had  stated  what  appeared  to  him 
a  conclusive  argument  against  the  power  to  cut 
canahj  that  he  had  understood  ^hat  a  proposition 
made  in  the  Convention,  to  insert  such  a  power, 
was  rejected.    To  this  argument  more  than  one 


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136S 


H.OFR. 


Internal  lmpro(vem$ntM. 


Mabcb,  1618. 


sufficient  answer  could  be  made.  In  the  first 
place,  the  fact  itself  had  been  denied,  and  he  had 
ne^er  yet  seen  any  evidence  of  it.  But,  suppose 
that  the  proposition  had  been  made  and  over- 
ruled, unless  the  motives  of  the  refusal  to  insert  it 
were  knovrn,  gentlemen  were  not  authorized  to 
draw  the  inference,  that  it  was  from  hostility  to 
the  power,  or  from  a  desire  to  withhold  it  from 
Congress.  Might  not  one  of  the  objections  be, 
that  the  power  was  fairly  to  be  inferred  from 
some  of  the  specific  grants  of  power,  and  that  it 
was  therefore  not  necessary  to  insert  the  proposi- 
tion; that  to  adopt  it,  indeed,  mi^ht  lead  to 
weaken  or  bring  into  doubt  other  incidental  pow- 
ers not  enumerated?  A  member  from  New 
York,  (Mr.  Storrs,)  whose  absence  Mr.  C.  re- 
ffretted  on  this  occasion,  not  only  on  account  of 
the  great  aid  which  might  have  been  expected 
from  him,  but,  from  the  cause  of  that  absence, 
had  informed  him  that,  in  the  convention  of  that 
State,  one  of  the  objections  to  the  Constitution 
by  the  anti-Federalists  was,  that  it  was  under- 
stood to  convey  to  the  General  Government,  the 
power  to  cut  canals.  How  often,  in  the  course 
of  the  proceedings  of  this  House,  do  we  reject 
amendments,  upon  the  sole  ground  that  they  are 
not  necessary,  the  principle  of  the  amendment 
beinjg  alreadv  contained  in  the  proposition  7 

Mr.  C.  referred  to  the  Federalist,  for  one  mo- 
ment, to  show  that  the  only  notice  taken  of  that 
clause  of  the  Constitution  which  relates  to  post 
roads,  was  favorable  to  his  construction.     The 

{lower,  that  book  said,  must  always  be  a  harm- 
ess  one.  He  had  endeavored  to  show  not  only 
that  it  was  perfectly  harmless,  but  that  every  ex- 
ercise of  it  must  be  necessarily  beneficial.  Noth- 
ing which  tends  to  facilitate  intercourse  among 
the  States,  says  the  Federalist,  can  be  unworthy 
of  the  public  care.  What  intercourse  1  Even  if 
restricted  on  the  narrowest  theory  of  gentlemen, 
on  the  other  side,  to  (he  intercourse  of  intelli- 
gence, iliey  deny  that  to  u.^,  singe  ihvY  will  not 
admit  that  we  have  the  power  to  repair  or  im- 
prove the  way,  the  right  of  which  they  yield  us. 
In  a  more  liberal  and  enlarged  sen^e  of  the  word, 
it  wilt  compreheod  all  those  Tarious  means  ol 
accomplishing  the  object,  which  are  calculated 
to  reauer  us  a  homogeneous  people — one  in  feel- 
ing, in  inlere^L  and  affention^  as  wt:  are  one  in 
our  political  temtion. 

Was  there  not  a  direct  and  latimata  relation 
between  the  power  la  malce  war  and  military 
Toadsand  canals?  It  wm  iu  vain  Ihat  die  Con- 
Temion  should  have  confided  to  the  General 
GorernmeQt  the  tremendous  power  of  declaring 
war;  shuuLd  hav^e  imposed  upon  it  lUe  duty  to 
empioy  the  whole  physical  means  of  the  nation, 
to  render  the  war^  whatever  may  be  Us  char- 
acter, successful  and  glorious^  if  the  pnwef  is 
withheld  of  transporiing  and  disuibuting  those 
means*  Let  us  appeal  lo  facts  which  are  &ome- 
timeB  worth  volumes  of  theory.  We  have  re- 
cenily  had  a  war  raging  on  all  the  four  quarters 
of  the  Union.  The  only  circum^^tance  whick 
gave  me  pain  at  the  close  of  that  war,  the  dsten- 
tion  of  Moose  Isla&dt  would  not  have  occuf red^ 


if  we  bad  possessed  military  roads.  Why  did  not 
the  Union — why  did  not  Massachusetts  make  a 
struggle  to  reconquer  the  island  ?  Not  for  the 
want  of  men  ;  not  for  the  want  of  patriotism,  he 
hoped,  but  from  the  want  of  the  physical  ability 
to  march  a  force  sufficient  to  dislodge  the  enemy. 
On  the  Northwestern  frontier,  millions  of  moaey, 
and  some  of  the  most  precious  blood  of  the  Stale 
from  which  I  have  the  honor  to  come,  were 
wastefuUy  expended  for  the  want  of  soeh  roads. 
My  honorable  friend  from  Ohio,  (Mr.  Haru* 
SON,)  who  commanded  the  army  in  that  qomrtfli; 
could  furnish  a  volume  of  evidence  on  this  sub- 
ject. What  now  paralyzes  our  armies  on  the 
Southern  frontier,  and  occasioned  the  recent  mas- 
sacre of  fifty  of  our  brave  soldiers?  What  bat 
the  want  of  proper  means  for  the  commuaicatioa 
of  intelligence,  and  for  the  transportation  of  ou 
resources  from  point  to  point? 

Whether  we  refer  to  our  own  experience,  oc 
to  that  of  other  countries,  we  cannot  fail  to  per* 
ceive  the  great  value  of  military  roads.  Those 
great  masters  of  the  world,  the  Romans,  how 
did  they  sustain  their  power  so  many  centuries, 
diffusing  law  and  liberty,  and  intelligence  idl 
around  them  ?  They  made  permanent  military 
roads ;  and  among  the  objects  of  interest  whien 
Europe  now  presents,  are  the  remains  of  those 
Roman  roads,  which  are  shown  to  the  curiovs 
inquirer.  If  there  were  no  other  monameat  re- 
maining of  the  sagacity,  and  of  the  illustriotis 
deeds  of  the  unfortunate  captive  of  St.  Heieoa, 
the  internal  improvements  which  he  made,  the 
road  from  Hamburg  to  Basle,  would  perpetuatt 
his  memory  to  future  ages.  In  making  these 
allusions,  let  me  not  be  misunderstood,  f  do  not 
desire  to  see  military  roads  established  for  the 
purpose  of  conquest,  but  of  defence^  and  as  a 
pan  of  that  nreparation  which  should  be  mad« 
in  a  season  of  peace  for  a  season  of  war.  I  do 
not  wish  to  see  this  country  evar  in  that  com- 
plete state  of  preparation  for  war  for  wtuchsoaae 
contend,  that  is,  that  we  should  constantly  baro 
a  large  standing  army,  well  diseiplined.  and  al» 
ways  ready  to  act.  I  want  to  see  tho  bill  report^ 
ed  by  my  friend  from  Ohio,  or  some  other  em- 
bracing an  efiective  militia  system,  passed  mto  a 
law  I  and  a  chain  of  roads  and  canais;  by  the  aid 
of  which  our  physical  means  can  be  proniptl|- 
transported  to  any  required  point.  These,  txm^ 
nected  with  a  small  military  establish ment  to 
keep  up  our  forts  and  garrisons^  coostitate  tin 
kind  of  preparation  for  war,  which,  it  appeared 
to  him,  this  country  ought  to  wake.  N«  niaii, 
who  has  paid  the  least  attention  to  the  opeva- 
tions  of  modern  war,  can  have  laiied  to  renoMirk 
how  essential  good  roads  and  canab  are  to  t^ 
success  of  those  operations.  How  often  have 
baules  been  won  by  celerity  and  rapidity  of 
movement  ?  It  was  one  of  the  ntost  essential 
circumstances  in  wan  But,  withoot  good  roads 
it  was  impossible  J  He  recalled  to  the  recoUeo- 
tion  of  some  of  the  membcis  the  fact  that,  In 
the  Senate,  seTeral  years  ago^an  honorable  friend 
of  his,  (Mr.  Bayabd,)  whoae  preiaatuR  death  he 
eiar  d«plered-«who  wes  aa  ernatnsBt  lo  cIm^ 


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masoax  of  covobiss; 


im 


MAacB,16ia 


esoneils  of  his  coutnr,  and  ^oi%  wifM  id»rotd, 
]i«  found  the  Mt  wmd  (hmietg  adroMttof  bm 
rights^  bad,  in  smortiMr  a«ab«eH|Miim  whioli 
h»  propotad  iJm  united  mates  sb«Pild  make  to 
the  alaek  of  the  Delaware  and  Cbesaptake  Canal 
OompanXf  earneitljr  reeeoHiMnded  the  meatnre 
an  coBMcted  with  oar  ofMiitioos  tn  war.  I  lit- 
taiicd  to  my  friend  with  sone  inerednlity,  and 
thought  he  pasbed  hit  argument  too  ^r.  I  ha4, 
aeon  aAer,  a  practieal  evidenee  €f(  Its  j«8iBes». 
For,  in  traTcOmg  fram  Pbiladelpfaiaj  la  the  Pall 
of  181^  I  anw  Urantpor^Dg  hf  CbTernmentyfrom 
Elk  iiTcr  to  the  IMffware,  iarge  qnantfties  of 
massy  timbers  for  the  eoostraotioo  of  tke  €kmr- 
tiere  or  the  Franklin,  ar  both ;  and  jodging  from 
tkm  nombcr  of  wagons  and  horses,  and  the  nam* 
her  of  days  empi^red,  Ibetie^  the  additfonal 
espesse  of  that  siaaie  opevatton,  weaM  hare 
goae  very  lar  to  complete  tbat  eanal,  whose  eanse 
wma  espoased  with  so  maoh  eto^venee  in  the 
Saaate,  and  with  somoeh  eibot,  too,  bHIs  having 
passed  that  body  more  than  once  to  efre  aid,  in 
some  shnpo  or  other,  to  that  canaL  With  noto- 
riaoa  faets  like  ibis,  w«s  it  not  obrtoas  that  a 
line  of  natlkary  eannls  was  not  only  neeessary 
ori  pMfier,  bat  alaaost  hidispensable  to  the  war- 
BiidtMig  power  1 

OlM  of  the  roles  of  eanstraeti«n,  Mr.  C.  eon- 
tUMed,  which  bad  been  IM  down,  he  acknowl- 
edged his  incapacity  to  comprehend.  Gentle- 
man say  that  the  power  in  question  ift  a  labstan- 
ti¥e  power ;  and  oiat  no  saheiantitre  power  ooold 
be  derived  by  nnpUcatlen.  What  is  ^ir  dei- 
nition  of  a  sabstaaliTe  newer  1  Will  they  fhf  Or 
ua  with  the  priaeiple  of  disertmiaatioa  between 
powers  whidb  beisg  sobstaative  are  not  grtnta- 
hle  hut  by  ezpren  grant,  and  those  which,  not 
beinc  aahscanove,  may  be  conTeyed  by  impHca- 
tieo?  Althoogh  be  did  not  peweire  why  this 
power  was  more  entitled  than  many  implied 
powers  to  the  deaomiaation  of  substantive,  sop- 
poae  that  be  yielded,  how  did  gentlemen  prove 
that  it  aaay  not  be  conveyed  by  implication  1  If 
the  DositioBs  weve  maintained,  woich  have  not 
yet  been  proven,  that  the  power  is  sabeiantvve, 
and  that  no  substantive  power  can  be  implied, 
yet  he  trasted  it  had  haan  satlsANstorily  ehown 
that  these  was  aa  CApiess  grant. 

Mis  hoaofabk  friend  from  Thwlaia  (Mr.  If ai^ 
sma)  had  denied  tite  operatioB  it  B!iecinti>ve  in* 
fiDenee  ea  his  nnad;  and  had  ii^naed  the 
Coaamiua  that  from  tbat  qnarter  he  had  noih* 
iag  <o  eiptet,  to  hope,  or  id  fcar.  I  did  not  im- 
aote  to  my  heaemble  ffiend  any  saofa  motive.  I 
ha«w  his  iadepeadeoce  of  character  and  of 
too  well  to  do  so.  Bat.  I  entteat  him  to 
f  if  he  does  aat  eapoee  himeelf  to  each  aa 
itka  by  those  less  frieadly  disposed  to^ 
wasda  him  thaa  aiyseIC  Let  us  took  a  IHtle  «t 
ints.  The  Presideat  recommended  the  -arteb- 
Uihmeat  of  a  baak.  if  ever  there  wese  a  stretch 
cf  tte  implied  powers  conveyad  by  the  Coasti- 
tatioa«  it  has  been  thoaght  the  graatof  the  ehar*- 
tar  of  the  Nationai  Sank  was  on««  Bat  the 
Ptesidcat  recaoaaeads  it.  Whate  wasthea  my 
hDaorabb  ftiettd,4b«  friead  of  Btmt  fJiht%  w4M 


It.  Ofn» 


mind 


so  pathetieallr  calls  apou  as  i&  veMht,  tn*saek^ 
doth  and  ashes,  cur  meditated  vimatton  of  the 
Onstitotion  ;  and  who  kindly  expresses  his  hope 
that  we  shall  he  made  to  feel  the  public  Mfgna- 
lion?  Where  was  he  at  this  awful  epoch  I 
Where  was  that  eloqoeDt  tongue  which  we  have 
now  beard  with  so  mach  pleasnre?  Sffentt 
Silent  as  the  grave ! 

SMr.  NELeoii  said,  acfoss  the  House,  that  he 
voted  agaiost  the  bank  bill  when  first  re- 
commended.] 

Alas !  said  Mr.  C,  my  honorable  friend  had 
not  the  heart  to  withstand  a  second  recommen- 
dation fVom  the  President ;  but,  when  it  came, 
yielded,  no  doubt  most  rehictantly  to  the  Exec- 
ntive  wishes,  ana  voted  for  the  faink!  At  the 
h«t  session  of  Congress,  Mr.  Madison  recom- 
mends (and  I  will  preseotly  make  some  remarks 
on  that  subieoO  an  exercise  of  all  the  e^dsting 
powers  of  the  General  Government  to  establish 
a  comprebenshre  system  of  incernil  impilMre- 
ments.  Where  was  my  honomhle  (Mend  on  that 
oceasftsa  1  Not -silent  as  the  grave;  but  he  gave 
a  negative  vote  almost  as  silent.  Noi  effort  was 
made  on  his  psat,'grast  as  he  is  when  he  exerts 
the  powers  of  his  well  stored  mind  to  save  the 
Ocmmonweaith  fVom  tbat  greatest  of  all  calam- 
ities,  a  system  of  itrternal  improvement.  No, 
ahhoogh  a  war  with  all  the  allies,  he  now  thinks^ 
would  be  less  terrible  than  the  adoption  of  this 
report,  not  one  word  then  dropped  mm  his  tips 
against  the  measure.  [Mr.  ifEbSOn  said  ne 
voted  a^inst  the  bill.]  That  he  whispered  out 
an  unwilling  negative,  Mr.  C.  did  not  deny,  but 
it  was  unsustained  by  that  torrent  of  eh>qnence 
which  was  poured  cut  on  the  present  occasion. 
Bat,  said  Mr.  O.^  we  have  an  Bxecntive  Mes- 
sage WMo,  not  ^tie  ns  ambigaous  in  its  terms, 
nor  as  oracniar  in  its  meaning,  as  that  of  Mr. 
Madison  appears  to  have  been.  No;  the  Presi- 
dent now  says,  fhat  he  has  made  great  efforts  to 
vaaquish  his  «^jeetions  to  the  power,  and  thai  he 
caanot  but  believe  that  it  dees  net  tskisf.  Then 
my  honorable  friend  rouses,  ihundetefbrth  the 
danger  in  which  the  Constitution  Is,  and  sounds 
the  toesin  of  akrm.  Far  from  insinuating  that 
he  is  at  all  biassed  by  the  Bsecative  wMea»  I 
appeal  to  his  candor  to  say,  if  there  is  not  a  re- 
maikable  eoinoidenee  between  his  xeal  and  exer- 
tions, and  the  opinions  of  the  Chief  Magistrate? 

Now  let  us  review  these  oplaions  as  comm«tti- 
cated  at  different  points.  It  was  the  oph&km  «C 
Mr.  Jeffi«son,  that,  although  there  was  nO  gena- 
lal  powev  <vested  by  the  Oonstitotkin  ia  Ooogiaes 
to  construe t  roads  and  canals,  without  the  con- 
sent of  the  States,  yet  stioh  a  power  might  he  ea- 
ertised  whh  their  assent.  Mr.  Jefferson  not  oalv 
held  ^is  opinion  in  the  abstract,  bat  he  piaott- 
eally  exeeuted  it  in  the  Instance  of  the  Gumbevw 
lamt  read,  and  how?  *  First,  by  a  compact  made 
with  the  State  of  Ohio,  (br  the  application  of  a 
suecified  fund,  and  then  by  compacts  wMi  Tir- 


gihia,  Pennsylvania,  and  Mavyiaad,  to  apply  the 
fhnd  so  set  apaK  wiihia  their  respective  limila. 
ft  however,  1  tighUv  uaderatood  aiy  hoiomhie 


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1872 


H.arR. 


liljkB0B)lSl8. 


that  I  eoaeiv  wixh  him)  thut  Um  power  cooM  be 
acquired  by  the  mere,  conteat  of  the  Soite.  Yet 
he  defendad  the  act  of  Mr,  Jeierson  ia  the  case 
referred  to.  fMr.  Nelson  expressed  his  dissent 
to  this  statement  of  his  argument.]  Mr.  C*  said 
it  was  iar  from  hb  intention  to  misstate  the  gen- 
tleman. He  certainly  had  understood  him  to  say, 
that,  as  the  road  was  first  stipulated  for  in  the 
compact  with  Ohio,  it  was  competent  afterwards 
to  carry  it  through  the  States  mentioned,  with 
their  assent.  Now,  if  we  have  not  the  right  to 
make  a  road  in  yirtue  of  one  compact  made  with 
a  single  State,  can  we  obtain  It  by  two  contracts 
made  with  several  States?  The  character  of 
the  fond  could  not  affect  the  question.  It  was 
totally  immaterial  whether  it  arosafrom  the  sales 
of  the  public  lands  or  from  the  general  reveoue. 
Suppose  a  contract  made  with  Massachusetts, 
that  a  certain  poition  of  the  revenue  collected  at 
the  port  of  Boston,  from  foreign  trade,  should  be 
expended  in  making  roads  and  canals  leading  to 
that  State,  and  that  a  subsequent  oomptct  should 
be  made  with  Counecticut  or  New  Hamnshire, 
for  the  expenditure  of  the  fund  on  these  objects, 
within  their  Umiu;  can  we  acquire  the  powei> 
in  this  manner,  over  internal  iminroveDients,  if 
we  do  not  possess  it  independently  of  such  com- 
pacts? He  conceived  clearly  not.  And  he  was 
entirely  at  a  loss  to  comprehend  how  gentlemen, 
consistently  with  their  own  principles,  could  jus- 
tify the  erection  of  the  Cumberland  road.  No 
man,  he  said,  was  prouder  than  he  was  of  that 
noble  monument  of  the  provident  care  of  the  na- 
tion and  of  the  public  q>irit  of  its  projectors ;  and 
he  trusted,  that,  in  spite  of  all  Consiitutional  and 
other  scruples  here  or  elsewhere,  an  appropria- 
tion would  be  made  to  complete  that  road.  He 
confessed,  however,  freely,  that  he  was  entirelv 
unable  to  conceive  of  any  princi^e  on  which 
that  road  cooid  be  supported  that  would  not  up« 
hold  the  general  power  contended  for. 

He  womd  now  examine  the  opinion  of  Mr.- 
Madison,.  Of  all  the  acts  of  that  pure,  virtuous, 
and  iUttstrious  sutesman,  whose  Admiqistration 
has  so  powerfully  tended  to  advance  the  glory, 
honor,  and  prosperity  of  this  country,  he  most  re- 
gretted, for  his  sake  and  for  the  sake  of  the  coun- 
irv,  the  rejection  of  the  bill  of  the  last  session. 
£u9  thoQ^t  it  irreconcilable  with  Mr.  Madison's 
own  pr&iciples— those  great  broad  and  liberal 
principles  on  which  he  «o  ablv  administered  the 
Qovernment  And,  sir,  said  Mr.  C,  when  I  ap- 
peal to  the  members  of  the  last  Congress,  who 
%n  now  in  my  hearing,  I  am  authorized  to  say, 
.with  regard  to  the  majority  of  them,  that  no  cir- 
anmsiance.  not  even  an  earthquake  that  should 
have  swallowed  up  one  half  of  this  city,  could 
Jukve  excited  more  surprise  than  when  it  was  first 
Gommnoicated  to  this  House,  that  Mr.  Madison 
had  redeemed  his  own  bill— I  say  his  own  bill--for 
his  Message  at  the  opening  of  the  session  meant 
nothing,  if  it  did  not  recommend  such  an  exer- 
cise of  power  as  was  contained  in  that  bilL  My 
friend,  who  is  near  me.  (Mr.  Jobhbom,  of  Vir- 
ginia,) the  operations  of  whose  vigorous  and  in^ 
dependent  mind  depml  upon  his  own  internal 


peree^^kms^  has  csprassed  himself  with  a  be* 
coming  manliness,  and  thrown  aside  the  author- 
ity of  names  as  having  no  bearing  with  him  on 
the  question.  But  their  authority  has  been  r«- 
feried  to,  and  will  have  influence  with  others.  It 
was  impossible,  oMreover,  to  disguise  the  fact, 
that  the  question  is  now  a  question  between  the 
Sxecntive  on  the  one  side  and  the  Representa* 
tives  of  the  people  on  the  other.  So  it  is  under- 
stood in  the  country,  and  soeh  is  the  £sct.  Mr. 
Madison  enjoys,  in  his  retreat  at  Montpelier,  the 
repos^  and  the  honors  due  to  his  eminent  and 
laborious  public  services ;  and  I  would  be  among 
the  last  to  disturb  it.  However  painful  it  is  to 
me  to  animadvert  upon  any  of  his  opinions,  I 
feel  perfectly  sure  that  the  circumstance  can  only 
be  viewed  by  bim  with  an  enlightened  liberalit|r. 
What  are  the  opinions  which  have  been  ez^ 
pressed  by  Mr.  Madison  on  this  subject  ?  I  will 
not  refer  to  all  the  Messages  wherein  he  has  re- 
commended internal  improvemenu.  but  to  tb4€ 
alone  which  he  addreosed  to  Congress  at  the 
commencement  of  the  last  session,  which  con* 
tains  this  passsffe :  ^  I  particularly  invite  again 
'  the  attention  of  Congress  to  the  expediency. of 

*  exercising  thesr  exisung  powers,  and,  where  ne- 
'  cessarjr,  of  resorting  to  the  prescritied  mode  of 

*  enlarging  them,  in  order  to  effectuate  a  compre- 

*  hensive  system  of  roads  and  canals,  such  as  will 

*  have  the  effect  of  drawiag  more  closeljr  tog^ether 
/  every  part  of  our  country,  by  promoting  inter* 

*  course  and  improvements^  and  by  increasing  the 
'  share  of  everjr  part  in  the  common  stock  of  na^ 
^  tionai  prosperity."  In  the  examination  of  4hia 
passage,  two  pofiitions  forced  themselves  upon  onr 
attention.  The  first  was  the  assertion,  that  there 
are  existing  powers  in  Congress  to  effectuate  a 
comprehensive  system  of  roads  and  canals,  the 
effect  of  which  would  be  to  draw  the  different 

rtrts  of  the  country  more  closely  together.  AndL 
would  candidlv  admit,  in  the  second  place,  that 
it  was  intimated,  tbat^  in  the  exercise  of  those 
existing  powers,  some  defect  might  be  discovert 
which  would  render  an  amendment  of  the  Coa^ 
stitution  necessary.  Nothing  could  be  more  clear- 
ly affirmed  than  the  first  position ;  but  in  the  Men* 
sage  of  Mr.  Madison  returning  the  bill,  passed  in 
consequence  of  his  recommendation,  he  has  not 
specified  a  solitary  case  to  which  those  existing 
powers  are  applicable  $  he  has  not  told  4is  wist 
he  meajH  by  those  existing  powers ;  and  the  gen* 
eral  scope  of  his  reasoning  ia  that  Measajfe^  if 
well  founded,  proved  that  there  were  no  existing 
powers  whatever..  It  was  apparent  that  .Mr. 
Madison  him»elf  had  not  examined  eome  of  thoee 
principal  sources  of  the  Constitution,  from  which, 
during  this  debate,  the  power  had  been  derived. 
I  deeply  r^ret,  and  I  know  that  Mr.  Madison  re- 
gretted, that  the  circumstances  under  which  the  bill 
was  presented  tohim  (the  last  day  but  one  of  a  moat 
busy  session)  deprived  him  of  an  opportunity  of 
that  thorough  investigation  of  which  no  man  is 
more  capable,  it  is  certain  that,  taking  his  twe 
Messages  at  the  same  session  together,  they  are 
perfectly  ixreooncikble.  What,  moreover,  was 
the  nature  ot  thai  bill?    It  did  not  apply  tin 


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1«74 


MiMoUt  1818. 


fttttfWtl  ^MWXHWMftflL 


H.  or  B. 


moB«y  to  asf  ipeeifie  ol^t  of  ioternal  impnnre^ 
ment,  nor  dcMfnate  any  portieular  mod^  ia  whioii 
it  should  be  applied,  bat  merely  set  apart  and 
pledffed  the  faaa  to  the  general  purpose,  subject 
to  the  fotore  disposition  of  Congress.  If,  then, 
there  were  any  supposable  case  whatever  to  which 
Congress  might  apply  money  in  the  erection  of  a 
road,  or  cotung  a  oanal^  the  bill  did  not  violate 
the  Coastitntion.  And  it  ought  not  to  have  been 
anticipated  that  money  constitutionally  appro- 
priated b^  one  Congress  would  afterwards  be  un- 
constitutionally expended  by  another. 

I  come  now,  said  Mr.  Cf.,  to  the  Message  of 
Mr.  Monroe ;  and  if,  by  the  communication  of  his 
opinion  to  Congrm,  he  intended  to  prevent 
discussion,  he  has  most  wofully  failed.  1  know 
that,  aeeordiog  to  a  most  venerable  and  excellent 
usage,  the  opinion  neither  of  the  President  nor  of 
the  Senate,  upon  any  proposition  depending  in 
this  House,  ought  to  b^  adverted  to.  Even  to 
the  Parliament  of  Great  Britain,  a  member  who 
would  refer  to  the  opinion  of  the  Sovereign,  in 
sneh  a  casa  would  be  instantly  called  to  oraer; 
but,  under  the  extraordinary  circumstances  of  the 
President  having,  with  I  have  no  doubt  the  best 
motives,  volunteered  his  opinion  on  this  head, 
and  inverted  the  order  of  legislation,  by  begin- 
ning where  it  should  end,  I  am  compelled,  most 
reluctantly,  to  refer  to  that  opinion.  1  cannot  but 
deprecate  the  practice  of  which  the  President  has, 
jA  this  instance,  set  the  example  to  his  succes- 
aors.  The  Constitutional  order  of  legislation  sup- 
poses that  every  bill  oristnating  in  one  House 
ahall  be  there  aeUberately  investigated,  without 
influence  from  any  other  branch  of  the  Legisla- 
ture, and  then  remitted  to  the  other  House  for  a 
lilre  free  and  unbiassed  consideration.  Having 
pneaed  both  Houses,  it  is  to  be  laid  before  the 
President — sisned  if  approved,  and  if  disapproved 
to  be  returned,  with  bis  objections^  to  the  origi< 
nating  House.  In  this  manner,  entire  freedom 
thought  and  of  action  is  secured^  and  the  Pr^ 
dent  finally  sees  the  proposition  in  the  most  mi 
tared  form  which  Congress  can  give  to  it.    Th< 

Cetical  effect,  to  say  no  more,  oi  forestalling  the 
islative  opinion,  and  telling  us  what  we  may 
or  mav  not  do,  will  be  to  deprive  the  President 
liimseif  of  the  opportunity  of  considering  a  prop- 
oaition  so  matured,  and  us  of  the  benent  of  his 
reasoning, applied  specifically  to  such  proposition; 
for  the  Constitution  further  enjoins  it  upon  him 
to  state  his  objections  upon  returning  the  bill. 
The  originating  House  is  then  to  reconsider  it, 
and  ddiberately  to  weigh  those  objections ;  and 
it  18  further  required,  when  the  question  is  again 
taieo,  Shall  the  bill  pass,  those  objections  not- 
withsundiog?  that  the  votes  shall  be  solemnly 
spread  by  yeas  and  najrs  upon  the  record.  Of  this 
opportunity  of  recording  our  opinions  on  matters 
of  great  puhlic  concern  we  are  deprived,  if  we 
aubmit  to  the  innovation  of  the  President.  I  will 
not  press  this  part  of  the  subject  further.   I  repeat, 

r'n  and  again,  that  I  have  no  doubt  but  that 
President  was  actuated  by  the  purest  mo- 
tives. I  am  compelled,  however,  in  the  exercise 
of  that  freedom  of  opinion  wjhiqh  fo  bng  as  I 


exist  I  will  nutintain,  to  say  that  the  proceedii^p 
is  irregular  and  unconstitutional.  Let  us,  how- 
ever, examine  the  reasoning  and  opinion  oi  the 
Presidenu  [Mr.  C.  here  quoted  the  passage  of 
the  Message  at  the  opening  of  the  session,  which 
follows :] 

"A  difllsrenee  of  opinion  has  existed,  from  the  fimt 
loTmatioa  of  our  Constitatton  to  the  present  tim% 
among  oor  metl  enUgfatened  and  virtootti  oittaew, 
respecting  the  light  of  Congress  to  esUUish  such  a 
system  of  improvement.  Taking  into  view  the  traet 
with  whioh  I  am  now  honored,  it  would  be  impsoper, 
after  what  has  passed,  that  this  discussion  should  be 
revived,  with  an  uncertainty  of  my  opinion  respecting 
die  right.  Disregarding  early  impressions,  I  hsTS 
bestowed  on  the  subject  all  the  deliberation  which  its 
great  importance  and  a  just  sense  of  my  duty  required ; 
and  the  result  is,  a  settled  conTiction  on  my  mind  that 
Congress  do  not  possess  the  right  It  is  not  contained 
in  uny  of  the  specified  powers  granted  to  Congress  i  ' 
nor  can  I  consider  it  incidental  to,  or  a  necessary  mean, 
▼iewed  on  the  most  liberal  scale,  fbr  carrying  into 
effect  any  of  the  powers  which  are  ^»edfically  granted. 
In  eommnnieatlng  this  result,  I  cannot  resist  the  obU- 
gaeioB  which  I  feel  to  suggest  to  Cengrses  the  propri- 
e^  of  recommending  te  the  fitates  the  adoptian  of  sa 
amendment  te  the  Constitation,  which  ehaU  give  lo 
Congress  the  right  in  question.  In  esses  of  doubttel 
oonstruction,  espedaUy  of  such  vital  interest,  it  com- 
ports with  the  natore  and  origin  of  oar  institatioiM^ 
and.  will  contribute  much  to  preserve  them,  to  apply 
to  our  constituents  for  an  exiJicit  grant  of  the  power. 
We  ma^  confidently  rely,  that,  if  it  appears  to  their 
satisfkcuon  that  the  power  ii  necessary,  it  will  always 
be  granted.** 

In  thb  passage  the  President  has  furnished  us 
with  no  reasoning,  no  argument  in  support  of  his 
opinion — nothing  addressed  to  the  onoersiaiulicLg. 
He  gives,  indeed,  an  historical,  account  of  the 
operations  of  his  own  mind,  and  he  asserts  that 
'  e  has  made  a  laborious  effort  td  conquer  his  . 
impressions,  but  that  (he  result  is  a  settled  • 
iction  against  the  power,  without  a  single 
h.  In  his  position,  that  the  power  must  be 
•cificaily  granted  or  incident  to  a  power  «o 
granted,  it  has  been  seen  that  I  have  the  honor 
to  entirely  coicur  with  him;  but,  he  says  the 
power  is  not  amonff  the  specified  powers.  H|s 
he  taken  into  consideration  the  clause  respecting 
post  roads,  and  told  us  how  and  whythat  does 
not  convey  the  power  7  If  he  had  acM  'within 
what  I  conceive  to  be  his  Constitutioifal  sphere 
of  rejecting  the  bill,  af^r  it  had  passed  both 
Houses,  he  must  have  learned  that  great  stress  was 
placed  on  that  clause,  and  we  should  have  been 
enli|j[htened  by  his  comments  upon  it.  As  to  his 
denial  of  the  power,  as  an  incident  to  any  of  the 
express  grants,  Mr.  C.  said,  he  would  have  thought 
thai  we  might  have  safely  appealed  to  the  expe- 
rience of  the  Precident,  during  the  late  war,  when  * 
ihe  country  dexived  so  much  benefit  £rom  hisju* 
dicious  administration  of  the  duties  of  the  War 
Department,  whether  roads  and  canals  for  mill-  , 
tary,  purposes  were  not  essential  to  celerity  and 
successful  result  in  the  operations  of  aunies.  This 
part  of  the  Message  was  all  assertion,  and  con- 
tained  no  argument  which  he  could  comprehend. 


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1S76 


H.opR. 


Memal  JhnprovementB, 


March,  1S18. 


or  which  met  the  points  cootended  for  during 
this  debate.  Allow  me  here,  said  Mr.  C.  to  say, 
and  I  do  it  without  the  least  disrespect  to  that 
branch  of  the  Government,  on  whose  opinions  and 
acts  it  has  been  rendered  my  painful  duty  to  com- 
ment— let  me  say,  in  reference  to  any  man,  how- 
ever elevated  his  station,  even  if  he  be  endowed 
with  the  power  and  prerogatives  of  a  sovereign, 
that  his  acts  are  worth  infinitely  more,  and  are 
more  intelligible  than  mere  paper  sentiments  or 
declarations.  And  what  have  been  the  acts  of 
the  President  ?  During  his  tour  of  last  Summer, 
did  he  not  order  a  road  to  be  cut  or  repaired  from 
near  Plattsburg  to  the  St.  Lawrence  1  And  my 
honorable  friend  will  excuse  me  if  my  compre- 
hension is  too  dull  to  perceive  the  force  of  that 
argument  which  seeks  to  draw  a  distinction  be> 
tween  repairing  an  old  and  making  a  new  road. 
[Mr.  Nelson  said  he  had  not  drawn  that  distinc- 
tion, having  only  stated  the  fact.]  Certainly  no 
such  distinction  was  to  be  found  in  the  Constitution 
or  existed  in  reason.  Grant,  however,  the  power 
of  reparation  and  we  will  make  it  do.  We  will 
lake  the  post  roads,  siniious  as  they  are,  and  put 
them  ia  a  condition  to  enable  the  mails  to  pass, 
without  those  mortifying  and  painful  delays  and 
disappointments  to  whicii  we,  at  leant  in  th« 
West,  are  so  often  liable.  The  President,  then, 
ordered  a  road  of  considerable  extent  to  be  con- 
structed or  repaired,  on  his  sole  authority,  in  a 
time  of  profound  peace,  when  no  enemy  threat- 
ened the  country,  and  when,  in  relation  to  the 
power  as  to  which  alone  that  road  could  be  useful 
in  time  of  war,  there  existed  the  best  understand- 
ing, and  a  prospect  of  lasting  friendship  greater 
than  at  any  former  period.  On  his  sole  authority 
the  President  acted,  and  we  are  already  called 
upon  by  the  Chairman  of  the  Committee  of  Ways 
and  Means  to  sanction  the  act  by  an  appropria- 
tion. This  measure  has  been  taken,  too,  witho 
the  consent  of  the  State  of  New  York ;  and 
is  wonderful,  when  we  consider  the  ma^i 
of  the  State  rights  which  are  said  to  be  vi^ 
without  even  a  protest  on  the  part  of  that 
against  it.  On  the  contrary,  1  understand,  from 
some  of  the  military  officers  who  are  charged 
with  the  execution  or  the  work,  what  is  very  ex- 
traordinary, that  the  people,  through  whose  quar- 
ter of^jt^ country  the  road  passes,  do  not  view 
it  as  V  Rational  calamity;  that  they  would  be 
very  glad  that  the  President  would  visit  them 
often,  end  umi  Iil-  tvLhuiu  urJor  a  road  to  be  cut 
and  jmprttvedj  at  the  Dsuonal  eipen?^ej  every  time 
he  should  risii  them.  Other  roaJs,  id  other  parts 
of  the  Union,  have,  it  seemsj  been  likewise  ordered, 
Of  their  eiecutionj  at  the  public  expense,  sanc- 
tioned, by  the  Executive,  wjihout  the  concurrence 
^  of  Congress.  If  the  President  hais  the  power  to 
cause  these  public  impravemenis  to  be  executed, 
at  his  pleasure,  whence  is  it  derived  t  If  any 
member  will  stand  up  in  his  place  and  say  the 
President  is  clothed  with  this  auihoriiy,  and  that 
it  is  deaied  to  Congress  Jei  us  hear  from  bim; 
and  kt  him  poioi  to  the  clause  of  ibe  Constitu- 
lion  which  vests  it  in  the  Executive  and  with- 
hold b  it  from  the  Legifktif  e  brancb. 


ropria-    is 
rithoim  po 

olanHe; 
t  Staf?  OD 


There  Is  no  such  clause ;  there  is  no  such  ex- 
clusive Executive  power.  The  power  is  deriv- 
able by  the  Executive  only  from  those  provisions 
of  the  Constitution  which  charge  him  with  the 
duties  of  commanding  the  physical  force  of  the 
country,  and  the  employment  of  that  force  in 
war  ana  in  the  preservation  of  the  public  tran- 
quillity, and  in  the  execution  of  the  laws.  But 
Congress  has  paramount  power  to  the  President. 
It  alone  can  declare  war,  can  raise  armies,  can 
provide  for  calling  out  the  militia  in  the  specified 
instances,  and  can  raise  and  appropriate  the  ways 
and  means  necessary  to  these  objects.  Or  is  it 
come  to  this,  that  there  are  to  be  two  rules  of  con- 
struction for  the  Constitution — one,  and  an  en*- 
larged  rule,  for  the  Executive — and  another,  and 
a  restricted  rule,  for  the  Legislature  ?  Is  it  already 
to  be  held,  that,  according  to  the  genius  and  nature 
of  our  institutions,  powers  of  this  kind  may  be 
safely  intrusted  to  the  Executive,  but,  when  at- 
tempted to  be  exercised  by  the  Liegislature,  are 
so  alarming  and  dangerous  that  a  war  with  aH 
the  allied  Powers  would  be  less  terrible,  and  that 
the  nation  should  clothe  itself  straightway  ia 
sackcloth  and  ashes  ?  No,  sir,  if  the  power  be- 
longs only  by  implication  to  the  Chief  Magistrate, 
it  is  placed  both  by  implication  and  express  grant 
in  the  hands  of  Congress.  I  an!  so  far  from  con- 
demning the  act  of  the  President,  to  which  I  hare 
referred,  that  I  think  it  deserving  of  high  appro- 
bation ;  that  it  was  within  the  scope  of  his  Con- 
stitutional authority  I  have  no  doubt ;  and  I  sin- 
cerely trust  that  the  Secretary  of  War  will,  in 
time  of  peace,  constantly  employ  in  that  way  the 
military  force.  It  will,  at  the  same  time,  guard 
that  force  against  the  vices  incident  to  indolence 
and  inaction,  and  correct  the  evil  of  subtracting 
from  the  mass  of  the  labor  of  society,  where  labor 
is  more  valuable  than  in  any  other  country,  that 
portion  of  it  which  enters  into  the  compoEition 
f  the  Army.  But  I  most  solemnly  protest  against 
ny  exercise  of  powers  of  this  kind,  by  the  Prcsi- 
^  ent,  which  are  denied  to  Congress.  And,  if  the 
opinions  expressed  by  him,  in  his  Message,  were 
communicated  or  are  to  be  used  here  to  influence 
the  judgment  of  the  House,  their  authority  is 
more  thsn  countervailed  by  the  authority  of  his 
deliberate  acts. 

Some  principles  drawn  from  political  ecooo- 
mists  have  been  alluded  to,  and  we  are  advised  to 
leave  things  to  themselves,  upon  the  ground,  that, 
when  the  condition  of  society  is  ripe  for  interw 
improvements,  that  is,  when  capital  can  be  so  in- 
vested with  a  fair  prospect  of  adequate  remune- 
ration, they  will  be  executed  by  associations  of 
individuals,  unaided  by  Government.  With  mr 
friend  from  South  Carolina  (Mr.  LowNDSs)  I 
concur  in  this  as  a  general  maxim ;  and  I  also  coo- 
cur  with  him  that  there  are  exceptions  to  it.  The 
foreifiu  policy  which  I  think  this  country  ought 
to  adopt,  presents  one  of  those  exceptions.  It 
would  perhaps  be  better  for  mankind,  if,  in  the 
intercourse  between  nations,  all  would  leave  skUl 
and  indnsir V  to  their  nnttimulated  exertions.  Bat 
this  is  not  done;  and  if  other  Powers  will  incite 
the  industry  of  their subjtots  and  depress  that  of 


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1S78 


Mabob,I818. 


LfUrmd  hnprxivemenU. 


H.  OF  R. 


oar  citizeas,  id  instanoes  where  tfaay  may  come 
into  eompetitioD,  we  must  imitate  tiictir  selfish 
example.    Hence  the  necessity  to  protect  our 
manufactures.    In  regard  to  interQal  improre* 
ments,  it  did  not  always  follow  that  they  would  be 
constructed  whenever  they  would  afford  a  compe- 
tent dividend  upon  the  capital  invested.    It  may 
be  true  generally  that,  in  old  countries,  where 
there  is  a  great  accumulation  of  surplus  capital^ 
and  a  consequent  low  rate  of  interest,  that  they 
would  be  made.    But  in  a  new  country  the  con- 
dition of  society  may  be  ripe  for  public  works 
long  before  there  is,  in  the  hands  oi  individuals, 
the  necessary  accumulation  of  capital  to  effect 
them ;  and,  besides,  there  is  generally,  in  such  a 
country^  not  only  a  scarcity  of  capital,  but  such 
a   multiplicity  of  profitable  objects  presenting 
themselves  as  to  distract  the  judgment.    Further  $ 
the  a^regate  benefit  resulting  to  the  whole  so- 
ciety, from  a  public  improvement  may  be  such 
as  to  amply  justify  the  investment  of  capital  in 
its  execution,  and  yet  that  benefit  may  be  so  dis- 
tributed amoag  different  and  distant  persons  as 
that  they  can  never  be  got  to  act  in  concert. 
The  turnpike  roads  wanted  to  pass  the  Alleghany 
mountains,  and  the  Delaware  and  Chesapeake 
Canid.  are  objects  of  this  description.    Those  who 
would  be  most  benefited  by  these  improvements 
reside  at  a  considerable  distance  from  the  sites 
of  them ;  manv  of  those  persons  never  have  seen 
and  never  will  see  them.    How  is  it  possible  to 
r^ulate  the  contributions,  or  to  present  to  indi- 
viduals so  situated  a  sufficiently  Uvely  picture  of 
their  real  interesu  to  get  them  to  make  exertions, 
in  effectuating  the  object,  commensurate  with 
their  respective  ahiliiiesl    I  think  it  very  possi- 
ble that  the  capitalist,  who  should  invest  his  mo- 
ney, in  one  of  those  objects,  might  not  be  reim- 
bursed three  per  cent,  annually  upon  it.    And 
yet  society,  in  various  forms,  might  actually  reap 
fifteen  or  twenty  per  cent.    The  benefit  resultin 
from  a  turnpike  road,  made  by  private  associ 
tioBs,  is  divided  between  the  capitalist  who  r 
ceives  his  tolls,  the  lands  throoffh  which  it  passe^^ 
and  which  are  augmented  in  their  value,  and  the 
commodities  whose  value  is  enhanced  by  the 
diminished  expense  of  transportation.    A  combi- 
nation upon  any  terms,  much  less  a  just  combina- 
tion, of  all  these  interesu  to  effect  the  improve- 
ment is  impiacticable.    And  if  you  await  the 
arrival  of  the  period  when  the  tolls  alone  can  pro- 
dace  a  competent  dividend,  it  is  evident  that  you 
will  have  to  suspend  its  execution  until  long  after 
the  general  interesu  of  society  would  have  au- 
thorized it. 

Agmin,  improvements  made  by  private  associa- 
tions are  generally  made  by  the  local  capital. 
But  ages  mnsteUnee  before  there  will  be  concen- 
trated in  ceruin  places,  where  the  interesu  of  the 
whole  community  may  call  for  improvemeats. 
saficiedt  capital  to  make  them.  The  place  of 
the  improvement  too  is  not  always  the  most  io- 
tarasted  in  iu  accomplishment.  Other  parts  of 
the  UDion->the  whole  line  of  the  seaboard— are 
quite  as  much  if  not  more  interested  in  the  Dela- 
ware and  Chesapeake  Cafial,  as  the  small  tract  of 
16th  Coir.  Ist  Sb88. 


country  through  which  it  is  proposed  to  pass. 
The  same  observation  will  apply  to  turnpike 
roads  passing  the  Alleghany  mountains.  Some- 
times the  interest  of  the  place  of  the  improve- 
ment is  adverse  to  the  improvement  and  to  the 
general  interest.  He  would  cite  Louisville,  at 
the  rapids  of  the  Ohio,  as  an  example,  whose  in- 
terest will  probably  be  more  promoted  oy  the  con- 
tinuance, than  the  removal  of  the  obstruction. 
Of  all  the  modes  in  which  a  Government  can 
employ  its  surplus  revenue,  none  is  more  perma- 
nently beneficial  than  that  of  internal  improve- 
ment. Fixed  to  the  soil,  it  becomes  a  durable 
part  of  the  land  itself,  diffusing  comfort  and  ac- 
tivity, and  animation  on  all  sides.  The  first  di- 
rect effect  was  on  the  agricultural  community, 
into  whose  pockets  came  the  difference  in  the  ex- 
pense of  transportation  between  good  and  bad 
wavs.  Thus,  if  the  price  of  transporting  a  barrel 
of  flour  by  the  erection  of  the  Cumberland  turn- 
pike should  be  lessened  two  dollars,  the  producer 
of  the  article  would  receive  that  two  dollars  more 
now  than  formerly. 

But,  putting  aside  all  pecuniary  considerations, 
there  may  be  political  motives  sufficiently  powers 
ful  alone  to  justify  certain  internal  improvements* 
Does  not  our  country  present  such?  How  are 
they  to  be  effected  if  things  are  left  to  themselves? 
I  will  not  press  (he  subject  further.  I  am  but 
too  sensible  how  much  I  have  abused  the  patience 
of  the  Committee  by  trespassing  so  long  upon 
iu  attention.  The  maffuitude  of  the  question, 
and  the  deep  interest  I  feel  in  its  rightful  decis- 
ion, must  be  my  apology.  We  are  now  making 
the  last  effort  to  establish  our  power ;  and  I  caU 
on  the  friends  of  Congress,  of  this  House,  or  the 
true  friends  of  State  rights  (not  charging  othen 
with  intending  to  oppose  them)  to  rally  around 
th^Constitution,  and  to  support,  by  their  votes, 
'  s  occasion,  the  legitimate  iK>wer&  of  the 
ture.  If  we  do  nothing  this  session  but 
abstract  resolution  on  the  subject,  I 
der  all  circumsunces,  consider  it  a  tri- 
for  the  best  interesu  of  the  country,  of 
ich  posterity  will,  if  we  do  not,  reap  the  bene- 
fit* Itrust  that,  by  the  decision  which  shall  be 
given,  we  shall  assert,  uphold,  and  maintain,  the 
authority  of  Congress,  notwithstanding  all  that 
has  been,  x>r  may  be,  said  against  it.     ^flfeL. 

Mr.  Nblsoii  spoke  a  short  time  in  ff^^^Mr. 
Clay.  ^M' 

Mr.  Clat  ajgain  rose.  It  was  certaiin^vefy 
far  from  his  intention,  he  said,  to  prefer  any 
charge  against  the  sentleman  of  imdue  submis- 
sion to  £xecutive  influence;  though  the  gentleman 
certainly  had,  with  great  zeal,  if  not  ability,  de- 
fended the  conduct  of  the  Executive  in  the  cases 
of  the  employment  of  the  military  force  in  the 
construction  of  roads,  and  of  that  part  of  the 
message  respecting  the  power  of  Conffress  to 
make  roads  and  canals.  But  the  honoraoie  gen- 
tleman, said  Mr.  C,  has  made  some  personal 
allusions  to  myself.  I  have  been  on  a  foreign 
embassy,  he  says.  If  I  have,  sir,  that  office  was 
unsolicited,  and  was  accepted  under  an  imperious 
sense  of  public  duty.    [Mr.  NiLeoii  aaid  he  did 


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IS80 


H.  OP  R. 


Internal  Improvements, 


Mabch.1818. 


not  mean  to  insinuate  that  that,  or  any  other 
office,  had  been  solicited  by  the  Speaker,  or  was 
not  due  to  his  merit  and  public  services.]    Mr. 
C.  resumed.    The  honorable  gentleman  has  also 
thought  proper  to  intimate  that  departments  have 
been  offered.    It  was  not  necessary  for  him  to 
say  whether  there  was  any  and  what  ground  for 
this  intimation;  but  he  would  say,  that  on  this 
subject,  not  in  this  House,  but  elsewhere,  motives 
had  been  ascribed  to  him,  in  relation  to  a  particu- 
lar office,  as  false  as  the  imputation  of  them  was 
malignant.    I  have  desired  no  office  from  the 
Executive;  I  have  preferred  the  honors  conferred 
on  me  by  my  constituents,  and  by  the  kindness 
of  this  House,  to  any  in  the  gift  of  anv  other 
branch  of  Government.    With  regard  to  the  gen- 
tleman who  fills  the  office  of  President,  I  have 
already  said  that  I  consider  the  office  as  an  hon- 
orable reward  due  to  him  for  his  long  and  faithful 
services;  for  the  simplicity,  sincerity,  and  purity 
of  his  character,  as  displayed  in  the  distinguished 
offices  which  he  had  previously  filled.    But,  what- 
ever may  be  my  opinion  of  him  or  of  others,  I 
shall  sacrifice  no  part  of  my  public  duty  to  a  ser- 
vile compliance  with  his  views.    I  come  here  to 
serve  my  constituents  and  my  country  according 
to  the  Constitution,  my  conscience  and  my  best 
comprehension  of  the  public  welfare.    I  am  no 
grovelling  sycophant,  no  mean  parasite,  no  base 
suppliant  at  the  foot  of  authority.     I  respect  the 
co-ordinate  branches  of  Government,  but  will  ex- 
ercise my  own  rights  with  the  freedom  which 
belongs  to  an  American  citizen,  without  fear  of 
the  consequences.    The  gentleman  speaks  of  im- 
peachment of  the  President,  if  he  has  exceeded 
his  authority.    Does  the  gentleman  expect,  by 
this  sort  of  defiance,  to  influence  this  House  or 
the  people  against  the  exertion  of  their  Constitu- 
tional rights?    The  power  of  impeachmen 
one  which,  if  ever  exercised— and  it 
doubted  whether  it  ever  will  be  in  regan 
Chief  Magistrate — can  only  be  employed 
of  palpable  breaches  of  the  Constitutioi 
bad  motive.    But  it  does  not  follow,  becai         ^ 
President  is  not,  and  will  not  be  impeached  for 
his  conduct,  that  he  may  not  have  performed 
acts  without  the  pale  of  his  Constitutional  au- 
tfaority^  I  admit,  certainly,  the  power  of  recom- 
to  Congress  of  measures  called  for  by 
food,  which  the  Executive  possesses; 
feb'd"  that  it  is  a  power  of  a  very  ques- 
riiature,  when  attempted  to  be  exercised 
in  regard  to  constructions  of  the  Constitution, 
and  amendments  to  the  instrument,  in  making 
which  amendments  the  Constitution  has  given 
hira  DO  participation.    The  power  of  the  Presi- 
dent is  not  to  recommend  to  Congress  abstinence 
firom  action,  but  measures  of  a  positive  character. 
I  do  say,  and  I  do  think,  and  I  care  not  who 
thinks  otherwise,  that  in  this  particular  instance 
it  would  have  been  better  had  the  President  re- 
frained from  expressing  his  opinion  against  a 
measure  which  had  the  approbation  of  Congress 
at  the  last  session,  which  ne  must  have  supposed 
would  be  again  renewed,  whatever  migrht  be  his 
optnien,  and  which,  the  gentleman's  opmion  not- 


withstanding, I  believe  niue-tenths  of  the  people 
are  in  favor  of.  I  repeat  my  thanks,  said  Mr.  C. 
in  conclusion,  to  the  gentleman  from  Virginia, 
for  the  repetition  of  his  wish  that  the  people  will 
put  down  us  who  support  this  measure.  I  will, 
for  evil  return  to  him  good;  and  hope  that  the 
people  will  duly  appreciate  him  and  his  exertions 
against  the  measure,  and  will  permit  him  still  to 
remain  in  this  House,  an  ornament  to  the  Legis- 
lature, and  to  the  district  he  represents. 

After  Mr.  Clay's  brief  rejoinder,  the  Commit- 
tee rose  and  reported  their  agreement  to  the  reso- 
lution, with  an  amendment  to  strike  out  all  of  the 
said  resolution  after  the  word  Resolved,  and  to 
insert,  in  lieu  thereof,  the  following*,  to  wit : 

1.  That  Congress  has  power,  under  the  Constitu- 
tion, to  appropriate  money  for  the  construction  of  post 
roads,  military,  and  other  roads,  and  of  canals,  and 
for  the  improvement  of  water-couraes. 

2.  Resolved,  That  Congress  has  power,  under  the 
Constitution,  to  construct  post  roads,  and  military 
roads :  Provided,  That  private  property  be  not  taken 
for  the  public  use,  without  just  compensation. 

3.  Resolved,  That  Congress  has  power,  under  the 
Constitution,  to  construct  roads  and  canals,  necessary 
for  commerce  between  the  States:  Provided,  That 
private  property  be  not  taken  for  public  purjNMes,  with- 
out just  compensation. 

4.  Resolved,  That  Congress  has  power,  under  the 
Constitution,  to  construct  canals  for  military  purposes : 
Provided,  That  no  private  property  be  taken  for  any 
such  purpose,  without  just  compensation  being  made 
therefor. 

Leave  was  given  for  the  Committee  of  the 
Whole  to  sit  again,  on  the  residue  of  the  order 
committed  to  them.  And  then  the  House  ad- 
journed. 


iiment  is 

r(^^^Hlec 

oi^^^^^Bi 
;aiflMH^i 


Saturday,  March  14. 

Mr.  Herbert  presented  a  petition  of  the  Di- 

|ectors  of  the  Eastern  Branch  Bridge  Company, 

^aying  that  permission  may  not  be  granted  to 

liild  another  bridge  over  the  Eastern  Branch, 

iihin  the  limits  of  the  City  of  Washington.— 

Referred. 

Mr.  Lowndes  presented  a  petition  of  Darid 
Gelston,  on  behalf  of  himself  and  Peter  A.  Schenek, 
praying  to  be  indemnified  against  a  judj^ment  re- 
covered against  them  for  the  seizure  of  the  ship 
American  Eagle,  for  an  alleged  breach  of  the 
laws  of  the  United  States,  under  direction  from 
the  Secretary  of  the  Treasury. — Referred  to  thm 
Committee  of  Ways  and  Means. 

Mr.  Forney,  from  the  Committee  on  Military 
Afifdirs.  reported  a  bill  for  the  relief  of  the  heks 
of  Adolphus  Burghart,  deceased ;  which  was  read 
twice,  and  committed  to  a  Committee  of  ti»e 
Whole,  on  the  bill  for  the  relief  of  William 
Barton. 

The  Speaker  laid  before  the  House  a  letter  from 
Richard  Bland  Lee,  Commissioner  of  Claiflaa. 
transmiuing  a  report  of  the  facts  in  the  case  ot 
Nathan  Ford,  with  the  evidence  accompanying 
it;  which  was  referred  to  the  Comnittee  of 
Claims. 

The  Spjulub  ako  kid  before  the  Honst  a  le- 


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/IWVfU*  Jji|pf!OltMMttWW 


H.  OF  R. 


B»rt  of  the  Seereurf  of  War,  on  the  patiiion  of 
riBtiici  RoUins;  whieh  wat  rctd,  and  ordefcd 
to  lie  OD  the  table. 

The  Sfbacbr  abo  laid  before  the  House  a  re* 
port  of  the  Secretary  of  the  Nary,  oa  the  peutioo 
of  Fredenek  Brnest  and  Frederick  Williamson ; 
which  report  was  read,  and  ordeted  to  lie  on  the 
table. 

A  UMtssMge  from  the  Senate  informed  the 
House  that  the  Senate  hare  passed  bills  of  the 
foUowiog  titles,  viz:  "An  act  respecting  the 
transportation  of  persons  of  oolor,  for  rale,  or  to 
be  held  to  labor/'  ^nd,  "An  act  to  extend  the 
jnrisdietion  of  the  circuit  court  of  the  United 
Stales,  to  oases  arising  nnder  the  law  relating  to 
pateiUs ;"  and  a  reaoLotioo  "  directing  the  distri- 
Miion  of  the  laws  of  the  fourteenth  Congress, 
amoB^  the  members  of  the  fifteenth  Congress  f 
m  whjch  hills  and  reeolottone  they  ask  the  eon- 
corrence  of  this  House. 

The  first  mentioned  bill  was  read  twice,  and 
commiited  to  a  Committee*  of  the  Whole. 

The  last  mentioned  bill  was  read  twice,  and 
referred  to  the  Committee  on  the  Judiciary. 

The  resolution  aforesaid  was  read  twice,  and 
referred  io  the  Committee  on  the  Judiciary. 

On  motion  of  Mr.  PoiNoazTBR,  the  Committee 
on  Roade,  Canals,  and  Seminaries  of  Learning, 
were  loatKueted  to  inquire  into  the  expediency  of 
appropriating  a  reasonable  sum,  out  of  the  pro- 
ceeds of  the  public  lands  in  the  State  of  Missis- 
sippi, to  the  opening  and  ioaproving  the  naviga- 
tion of  Pearl  river,  in  ssid  State,  to  be  expend- 
ed  under  the  direction  of  the  Sfecretary  of  the 
Tieaaaiy. 

INTERNAL  IMPROVEMENT. 

The  House  ^^iag  resumed  the  consideration 
of  the  report  of  the  Committee  of  the  Whole,  on 
the  report  of  a  Committee  on  the  subject  of  Roads 
and  Cfaaals ;  and  the  question  bein^  on  agreeing 
to  the  first  resolution  reported  by  said  committee, 
in  the  fbUowiag  words: 

1.  Raohedt  That  Congress  has  power,  nnder  the 
ConsHtntion,  to  appfopriata  money  for  the  oonstmc- 
tkm  ef  poet  roadj,  militaiy,  and  other  roads,  and  of 
rantlsi  iai  lir  tlM  improvement  of  water-ooarses. 

Mr.  Josvaoa,  of  Kentucky,  said  he  had  never 
TOted  for  any  proposition  since  he  had  enjoyed 
the  honor  of  a  seat  in  this  Hoftis%  which  he  did 
not  believe  to  be  sanctioned  by  the  expsais  letter 
of  the  Constitution ;  nor  should  he  on  the  present 
occasion.  After  expressing  the  satisfaction  which 
he  had  received  from  thif  debate,  than  which  he 
had  never  listened  to  any  with  ffreater  pleasure, 
Mr.  J.  proceeded  to  say,  that,  as  he  bottomed  his 
opinion  on  this  question  on  the  express  letter  of 
the  Constitution,  he  should  derive  no  aid  in  sup- 
port of  his  rote  by  implication.  He  claimed  for 
Congress  no  j^nt  of  power  under  that  clause  of 
the  Constitution  whicA  speaks  of  the  common 
defence  and  general  welfare ;  nor  did  he  stand 
here  in  any  other  character  than  aa  an  advocate 
for  State  rights ;  for  he  was  thoroughly  convinced 
that  there  Qtver  waa  a  main  vital  attack  09.  the. 


integrity  of  the  States,  aad  00  State  rights,  than 
would  be  the  rejection  of  the  present  propocition, 
unless  it  were  immediately  followed  by  an  amend* 
meat  to  the  Constitution  In  this  respect. 

Mr.  J.  called  the  attention  of  the  House  to 
that  part  of  th^  Constitution  which  gives  to  Con* 
gross  the  power  to  regulate  commerce  among  the 
several  States.  On  what  principle,  if  this  propo- 
sition were  to  be  rejected,  had  Congress  appro- 
priated, for  the  purposes  of  trade  with  the  Indian 
tribes  three  hundred  thousand  dollars  of  the  pub- 
lic money  ?  Under  what  part  of  the  Constitu- 
tion did  Coni^ess  exercise  the  power  of  appro- 
priating money  for  the  purpose  of  erecting  and 
maintaining  light-houses,  if  not  under  that  of 
regulating  trade  with  foreign  nations?  For 
neither  of  these  objects  was  there  a  grant  of 
power  in  stronger  terms,  or  more  certainly  im- 
pa'^rted  to  Connress,  than  was  the  power  to  give 
security  and  meility  to  the  trade  between  the 
several  8utes|  for  which  purpose  the  Gkneral 
G(overnment  had  the  same  power  over  the  soil  of 
the  several  Smtes^  as  it  aadeaiably  had  over  the 
watercourses.  It  to  the  States  alone  Monged 
the  power  of  naking  roads  and  canals,  he  conld 
not,  he  said,  conceive  of  anything  more  calcubi* 
ted  to  weaken  the  power  or  the  States,  than  to 
subject  those  roads  and  canals,  when  made  by  the 
States,  to  the  control  of  the  Gkneral  Government 
for  the  purpose  cff  exercising  its  Caostitstional 
power  of  reguktiog  the  intercourse  between  the 
Sutea.  Suppose,  said  he,  that  the  State  of  Ken- 
tticky  should  nmke  a  canal  ipund  the  falls  of  the 
Ohio,  will  Congress  regulate  the  trade  throi^ 
this  channel,  or  will  it  surrender  to  the  State  of 
Kentuckv  the  power  expressly  granted  to  Coik- 
grees?  If  Congress  do  not  give  up  the  power, 
we  shall  be  tributary  to  the  United  States  |  we 
shall  have  opened  a  canal  with  our  own  re- 
sooaaes,  and  Congress  will  have  the  power  to 
regulate  trade  through  it.  As  strange,  therefore, 
as  it  mi^ht  appear  to  some  gentlemen  who  had 
argued  in  a  very  different  manner.  Mr.  J.  eaid,  ht 
contdided  that  the  rejection  of  this  propeaition 
had  a  tendency  to  weaken  the  authority  of  the 
Stales,  and  to  mtake  State  rights  sobeecvieat  to 
the  Oongrees  of  the  United  States.  Again,  eaid 
he,  I  ask  any  gentleman  to  point 
possible  way  roads  aad  canals  cm 
for  the  purposes  pointed  out  in  the 
The  object  of  opening  a  road  or  ai 
cilitate  intercourae  among  the  Stati 
the  people.  But,  it  was  said,  that  t 
such  a  power  was  not  necessary  in 
the  term  used  in  the  Constitution* 
sary,  he  asked,  to  have  aational  armories  1  Can- 
not we  porehaae  arms  by  private  contract  7  Is 
it  necessary  to  have  magaiines?  Can  we  not 
hire  buildings  for  the  purpose  9  But  we  builcL 
and  wisely  build,  magazines  and  armories,  and 
appoint  persons  to  labor  in  and  superintend  them. 
And  was.it  more  necessary  and  proper,  he  de- 
manded, to  have  magaxines,  and  national  armo- 
ries, than  to  have  roads  and  canals  to  give  facili- 
ty to.  the  transportation  of  the  munitions  of  war  1 
Haaheuld  be  glad  to  know,  he  said,  on  i^at 


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Jntemal  Improvements, 


March,  1818. 


principle  of  coDstruction  of  (be  Constitution  gen- 
tlemen would  deny  to  Congress  the  power  of 
opening  roads  and  canals  for  the  purpose  of  in- 
ternal trade  and  commerce^  and  for  the  purpose 
of  transporting  munitions  of  war,  unless,  in  the 
instance  he  had  mentioned,  there  had  been  fre- 
quent and  flagrant  violations  of  the  Constitution. 

In  regard  to  the  power  in  question,  if  to  exer- 
cise it  would  be  a  violation  of  the  Constitution, 
it  has  been  violated  in  many  cases  already— in 
making  a  road  from  Georgia  to  New  Orleans, 
from  Nashville  to  Natchez,  &c. — in  making  the 
great  road  from  Cumberland  to  Ohio,  and  from 
Ohio  to  the  line — in  opening  a  road  from  Detroit 
to  Fort  Meigs,  and  from  Fort  Mei^s  to  Lower 
Sandusky,  with  several  others,  which  he  men- 
tioned. If  these  were  violations  of  the  Constitu- 
tion, thus  repeated,  it  depended  upon  gentlemen, 
if  the  Constitution  was  worth  preservation,  to 
show  bow  this  evil  was  to  be  corrected. 

As  to  the  arguments  which  had  gone  to  the 
policy  of  this  measure,  he  had  never  before  heard 
the  utility  of  internal  improvements  a  subject  of 
controversy.  Had  the  policy  of  the  different 
States,  in  opening  roads  and  canals,  been  ob- 
jected to?  Had  the  policy  of  foreign  nations  in 
this  respect  been  deemed  unwise  ?  Had  the  pol- 
icy of  Holland  been  questioned,  where  there  was 
a  continued  chain  of  internal  navigation  ?  On 
the  continent  of  Europe,  had  there  ever  been  a 
difference  of  sentiment  as  to  the  value  of  the 
canals  which  intersect  it ;  of  the  canal  of  Langue- 
doc,  or  of  that  of  the  Seine  and  Loire,  or  of  hun- 
dreds of  others,  which  it  were  unnecessary  to 
occupy  the  time  of  the  House  by  enumerating? 
Had  the  policy  of  China  ever  been  objected  to, 
which  had  a  canal  navigation  of  eight  hundred 
miles  in  extent,  and  which  employed  two  thou- 
sand individuals  for  forty  years  in  its  construc- 
tion, from  Pekin  to  Canton ;  and  canals  even  to 
water  the  farms,  besides  roads  innumerable, 
which  it  would  take  him  till  doomsday  to  enu- 
merate? Or  that  of  England,  who  had  opened 
an  internal  communication  by  means  of  canals, 
uniting  the  Irish  Channel  with  the  German 
Occan^  and  pervading  the  country,  which  were 
to  ihe  people  af  England  the  source  of  much 
of  much  convenience?  We  have 
nd  people  differ  as  to  the  rights  of 
to  tbe  tenets  of  religion,  and  as  to 

^  ^nmeQt,from  democracy  to  despot- 

isill ,  uurmost  every  question  arising  out  of  the 
muliipliSty  und  variety  of  human  concerns  ;  yet, 
go  tQ  EnglBDd,  Holland,  France,  China,  Russia, 
you  End  canah  and  roads  distributing  around 
fertility  and  accommodation.  Yet  it  would  ap- 
pear, from  the  discussion  which  had  taken  place, 
there  was,  in  the  Congress  of  the  United  States, 
a  difference  of  opinion  as  to  the  policy  of  internal 
improvement!  At  this  Mr.  J.  expressed  great 
surprise.  Bring  your  imagination,  said  he,  to 
eontemplata  a  union  of  the  waters  of  the  Illinois 
with  the  waters  of  Michigan ;  of  the  Miami  with 
tbe  Ohio ;  of  the  Alleghany  with  the  waters  of 
Lake  Erie.  Bring  your  mind  to  reflect  on  the 
immenae  advantages  to  be  derived  fVom  a  con- 


nexion between  tbe  waters  of  the  Atlantic  with 
the  upper  Lakes,  by  means  of  the  Susquehannah, 
the  Hudson,  and  the  Delaware;  between  James 
river  and  Catawba ;  between  the  waters  of  Ala- 
bama and  Tennessee;  between  those  of  the  Ches- 
apeake and  Delaware.  What  is  there  alarming 
in  the  General  Government  having  it  in  its  power 
to  accomplish  these  and  similar  objects  ?  If  I 
could  see  any  evils  possibly  resulting  from  the 
exercise  of  such  a  power,  far  would  it  be  from 
me  to  advocate  it. 

Mr.  J.  said  he  had  not  risen  to  make  a  speech 
on  this  subject ;  but,  as  it  might  not  fall  to  his 
lot  hereafter  to  have  an  opportunity  of  expressing 
his  opinion  on  the  subject  of  internal  improve- 
ment, by  means  of  roads  and  canals,  he  could 
not  forbear  to  state  to  the  House,  as  he  had  done, 
that,  resting  on  the  letter  of  the  Constitution,  not 
on  its  spirit ;  on  the  words  of  it,  not  on  derivative 
construction ;  not  in  opposition  to  State  rights, 
but  in  support  of  them,  he  was  decidedly  in  utvor 
of  the  report  of  the  committee  favorable  to  inter- 
nal improvement,  under  the  authority  of  the  Uni- 
ted Slates. 

Mr.  Desha  moved  to  amend  the  said  resolu- 
tion, by  striking  out  the  words  ^^and  oiher^^  the 
effect  of  which  would  have  been  to  confine  tbe 
declaration  to  post  roads  and  military  roads. 

After  some  remarks  from  Mr.  Lowndes,  who 
desired  that  the  amendment  might  not  prevail, 
that  the  House  might  be  allowed  to  vote  on  the 
broad  proposition,  the  motion  of  Mr.  Desha  was 
negatived. 

Mr.  Mills  moved  to  postpone  indefinitely  the 
further  consideration  of  the  subject,  and  supported 
this  motion  in  a  speech  of  half  an  hour. 

Mr.  Tucker  spoke  against  the  motion,  and 
called  upon  gentlemen  to  unite  against  it,  that  the 
opportunity  might  not  be  lost  of  expressing  the 
opinion  of  this  House. 

Mr.  Rhea  then  delivered  his  sentiments  on  the 
general  question. 

Mr.  Smith,  of  Maryland,  supported  the  motion 
for  postponement  by  a  number  of  remarks,  tha 
object  of  which  was  to  show  that  a  further  pros- 
ecution of  the  discussion  would  be  a  consump- 
tion of  valuable  time,  without  any  probability  of 
arriving  at  a  practical  result. 

Mr.  Lowndes  replied  to  Mr.  Smith,  by  obser- 
vations calculated  to  show  that  it  was  highly  im« 
portant  to  obtain  a  decision  of  this  House  at  the 
present  session ;  a  different  course,  after  the  many 
days  consumed  in  debate,  he  thought  would  be 
unjust  to  the  committee  who  bad  made  report 
on  the  subject,  and  dissatisfactory  in  its  result. 

Messrs.  Baldwin  and  Livermore  also  opposed 
the  indefinite  postponement. 

The  motion  for  indefinite  postponement  was 
decided  in  the  negative,  by  yeas  and  nays— for 
the  postponement  77,  against  it  87,  as  follows : 

YxAS — Messrs.  Adams,  Allen  of  Massachusetts,  Al- 
len of  Vermont,  Anderson  of  Pennsjlvania,  Austin, 
Ball,  Barbour  of  Virgmia,  Baasett,  Bellinger,  Bea- 
nett,  Blount,  Boden,  Boas,  Bryan,  Burwell,  Butter^ 
Olagett,  Claibome,  Cook,  Crafts,  CulbreA,  Dedtt, 
Brake,  £arl«>  Edwards,  Folgei^  Feney,  Qamett,  Hale» 


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1886 


mSTORT  OF  CONaRBSS. 


1866 


MAacm,  iai& 


Jwfll'MIl  /RiprO0#WMSl#* 


H.ofR. 


HaU  of  Novth  Omli]ia,Hofgt  HolBMof  Conntoticat, 
Hunter,  Hvntuiftoii,  JohiMon  of  yiigiiiia»  KiztUnd, 
McCoy,  M«D|  Mmou  of  MtsMchiisetUi,  Merrill,  Mid* 
dleton,  MOb,  Noeeley,  H.  NeiMm,  T.  M.  Nelion,  New, 
On,  Owes,  Pitkin,  Plaaaantf,  Reed,  Rhee,  Rice, 
Bidktidi,  Ringgdd,  Rogglee,  Sampeon,  Scudder,  Set* 
tie.  Shew,  Sherwood,  Silibee,  S.  Smith,  Alexander 
Smjth,  J.  8.  Smith,  ^^eed,  Stewart  of  North  Carolina, 
Strong,  Tompkim,  Townaend,  Tucker  of  South  Car* 
oHna,  Tjler,  Walker  of  North  Carolina,  Whitman, 
"^inUiamf  of  Connecticut,  Williamt  of  New  York,  and 
Williama  of  North  Carolina. 

NaT! — ^Mesirf.  Abbott,  Anderson  of  Kentucky, 
Baldwin,  Barber  of  Ohio,  Bateman,  Bayler,  Beech- 
cr,  Btoomfield,  Campbell,  Cobb,  Coleton,  Comstock, 
Crawftrd,  Cnger,  Cuihman,  Darlington,  EUicott,  fir- 
Tin  of  South  Carolina,  Fonyth,  Gage,  Hall  of  Dela- 
ware, Harrison,  Haebrouck,  Hendri^s,  Herbert,  Her- 
kimer, Heniek,  Heiiter,  Hitchcock,  Holmes  of  Mas- 
ich^aeCte,  HopkineoB,  Hubbard,  Irring  of  New  fork, 
Johnaon  of  Kento^j,  Jones,  Kinaej,  Lawyer,  Linn, 
Liyermore,  Lowndes,  McLane,  W.  P.  Maclar,  Mar^ 
chand,  Meroer,  Moore,  Morton,  Mumfbrd,  Murraj, 
Ogden,  (Me,  Pafaner,  Parrott,  Patterson,  Pawling, 
Peter,  Pindall,  Poindexter,  Porter,  Queries,  Rich,  Rob- 
ertson of  Kentucky,  Robertson  of  Louisiana,  SaTagc, 
Sawyer,  Schuyler,  Sergeant  Seybert,  Simkins,  Slo- 
cumh,  Bal.  Itaith,  Southard,  Spencer,  Stuart  of  Manr- 
land,  Tallmadge^  Tarr,  Ti^lor,Terrill,  Trimble,  Tuck- 
er of  Yirginia,  U^am,  Wallace,  Wendorer,  West* 
etks  WMtestde,  Wilkin,  Wilson  of  Massachusetts, 
end  Wileon  of  Pennsylrania. 
.  The  question  wis  then  taken  on  concurriDg  in 
the  first  resolution  adopted  by  the  Cominittee  of 
the  Whole,  as  aboTe  stated^  and  decided  as  fol- 
lows— yeas  90,  nays  76 : 

Tbas — ^Means.  Abbott,  Anderson  of  Kentucky, 
BaJihrin,  Barber  of  Ohio,  Bateman,.  Bayley,  Beeoher, 
Bioomfield,  Campbell,  Cobten,  Cemstock,  Crawford, 
Cruger,  Cnshman,  Darlington,  ElUoott,  Elrtin  of  8. 
Carolina,  Forsyth,  Gage.  Ball  of  Delaware,  Harrison, 
Hasbronck,  Hendricks,  Herbert,  Herkimer,  Herrick, 
Heister,  Hitchcock,  Holmes  of  Massachusetts,  Hookin- 
son,  Hubbard,  Irring  of  New  York,  Johnson  of  iCen- 
tucky,  Jones,  Kinsey,  Lawyer,  Linn,  Livermore, 
Luwudee,  McLane,  W.  P.  Maclay,  Marched,  Marr, 
Maieer,  Middleton,  Moore,  Morton,  Mumford,  Mur- 
ray, Jtreiieh  Neieoii,  Ogdoo,  Ogle,  Palmer,  Parrott, 
PattUBsn,  Pawttag,  Peter,  Pindall,  Pbindezter,  Por- 
ter, i^uarise,  Robertson  of  Kentucky,  Robertson  of 
Louitea,  Safage,  Sehojlei,  Sergeant,  Seybert,  Sim- 
Una,  SleeoBb,  a  South,  BaL  Smith,  Southard,  Spen- 
cer, Stoait  of  Maryland,  TaUmadgSf  Tair,  Taybr, 
TerriD,  Trimble,  Tudcer  of  Virginia,  Uphsia,  Wei- 
Uce,  Wendorer,  Westerlo,  Whiteside,  Whitman,  Wil- 
kin, Wilson  of  Massachusetts,  and  Wilson  of  Penn* 

N^ts — ^Messrs.  Adams,  Allen  of  Massachusetts,  Al- 
len of  Yermont,  Anderson  of  PennsyWania,  Austin, 
Ball,  Barbour  of  Virginia,  Bassett,  Bellinger,  Ben- 
nett, Blount,  Bodeo,  Biyaa,  Burwell,  Butler,  Clagett, 
Cobb,  Ccokf  Crafts,  Culbreth,  Desha,  Drake,  Eerie, 
Edward^  Folger,  Forney,  OameU,  Bale,  Hall  of  N. 
Carolina,  Hogg',  Holmes  of  Connecticut,  Hunter, 
Huntington,  Johnson  of  Virginia,  Kirtland,  McCoy, 
Mason  of  Massachusetts,  Mason  of  Rhode  bkndjMer- 
liil.  Mills,  Meseify,  H.  Nelson,  T.  M.  Nelson,  New, 
Orr,  Owen,  Pitkin,  Plessants,  Reed,  Rhea,  Rice, 
Richards,  Ringgold,  Rug^es,  Sampson,  Sawrsff,  Scud- 
dK,8ettle»  Sherwood,  Shaw,  Silsbee,  Alexander  Smyth, 


J.  a  Smithy  Speed,^tewtft  of  North  Carolina,  Strong^ 
Teny,  TompUns,  Townsend,  Tucker  of  South  Caro- 
lina, Taylor,  Walker  of  North  Cavi^lina,  WiIImm  of 
Connecticut,  WilKaos  of  New  York,  and  Williams  of 
North  Carolina. 

So  the  first  resolution  was  adopted. 

The  second  resolatton  baring  been  read  in  the 
following  words: 

2.  Be$okedj'  That  Congress  has  power,  under  the 
Constitution,  to  construct  post  roads  and  military 
roads;  prorided  that  prirate  property  be  not  taken  for 
public  use,  without  just  compensation. 

Mr.  HoLMSs,  oJ^Massachasetts,  mored  to  amend 
the  resolution  by  inaerting,  after  the  words  "  pri* 
Tate  property,"  the  words  "or  the  property  of 
any  State;"  and  adding  to  the  end  of  the  teeolTO 
a  clause,  that  neither  the  property  of  the  one  nor 
the  other  be  taken,  without  jost  compensation 
therefor. 

This  motion  was  grounded  by  Mr.  Holmes, 
and  supported  by  Mr.  Rhca.  as  presenting  the 
question  more  broadly  to  the  House,  and  was  op* 
posed  by  Mr.  Lowndes,  as  embracing  a  wider 
scope  than  he  was  willing  to  giye  to  the  resolu- 
tion, and,  in  fact,  introducing  a  new  principle. 

The  motion  was  n^gatiyed. 

Mr.  Desha  mored  to  amend  the  resolution  by 
inserting;,  alter  the  words  *'  military  roads/'  the 
words  **  with  the  consent  of  the  States."— Negi- 
tired. 

The  question  was  then  taken  on  agreeing  to 
the  second  reet^ution  as  abore  stated,  and  decided 
as  follows— yeas  82,  nays  84: 

YxAS — Messrs.  Anderson  of  Kentucky,  Baldwin, 
Barber  of  Ohio,  Bateman,  Bayley^  Beecher,  Bloom- 
field,  Campbell,  Colston,  Comstock,  Crawford,  Cruger, 
Cushman,  Darlington,  EUicott,  Enrin  of  South  Caro- 
lina, For^rth,  Gage,  Hall  of  Delaware,  Harrison,  Has- 
bronck, Hendricks,  Herbert,  Herkimer,  Herrick,  Heis- 
ter, Hitehco^,  Hopkinson,  Irring  of  New  Yo^  John- 
son of  Kentucky)  Jones,  Kinsey,  Lainrer,  Linn,  Lirer^ 
more,  Lowndes,  McLane,  Mai%lMlted,  Msrr,  Mercer, 
Moore,  Morton,  Mumford,  Murrayy  Ogden,  Ogle,  Pal- 
mer, Parrott,  Patterson,  Pawling,  Peter,  Pindall,  Porw 
4er,  Quartes,  Bleh,  Boberlson  of  Kentud^,  Robsrtsoa 
of  Louisiana,  Sarage,  Schuyler,  Sergeant,  Seybett, 
Simkins,  Sloeumb,  Ballard  Smith,  Southard,  Speed, 
Spenoer,  Stunt  of  Maryland,  TaHmadge,  Tair,:Taylor, 
iWiU,  TrimUe,  Vtlbm,  Wallaee,  We 
erio,  Whitesids,  WUkin,  Wilson  of  Ma'^ 
Wilson  of  Pennsylrania.  '^'; 

Nats— Messrs.  Abbott,  Adams,  AlleflV 
sstts,  Alien  of  Yermont,  Anderson  of  Pel! 
Austin,  Ball,  Barbour  of  Yirginia,  Bassett,  Bellinger, 
Bennett,  Blount,  Boden,  Boss,  Bryan,  Burwell,  But- 
ler, Clagett,  Claiborne,  Cobb,  Cook,  Crafts,  Culbreth, 
Desha,  Drake,  Earle,  Edwards,  Folg<^,  Forney,  Gsr- 
nett.  Hale,  Hall  of  North  Carolina,  Hogg,  Holmes  of 
Massachusetts^  Holmes  of  Connecticut,  Hunter,  Hont^ 
ington,  Johnson  of  Yirginia,  W.  Maday,  W.P.  Mac- 
lay,  McCoy,  Mason  of  Massachusetts,  Mss<m  of  Rhode 
Island,  Merrill,  Mills,  Moseley,  Jeremiah  Nelson,  H. 
Nelson,  T.  M.  Nelson,  New,  Orr,  Owen,  titkin, 
Pleasants,  Poindexter,  Reed,  Rhea,  Rice,  Richards, 
Ringgold,  Ruggles,  Sampson,  Sawyer,  Scudder,  Settle, 
Shaw,  Sherwood,  Silsbee,  S.  Smith,  Alexander  Smyth, 
J.  S.  Ssnth,  Stewart  of  North  Caiuliaa,  Strong,  Ter- 


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1387 


HISTORY  OF  CONGRESS. 


1388 


H.  or  R. 


Jhiemal  Imprwemente, 


March,  1818. 


ly,  Tompkins,  Towmtnd,  Tucker  of  Virginia,  Tucker 
of  South  Carolina,  Tyler,  Walker  of  North  Carolina, 
Whitman,  WilHama  of  Connecticut,  Williams  of  New 
York,  and  Williams  of  North  Carolina^ 

So  the  resolution  was  not  agreed  to. 

Mr.  Strother  desired  to  record  his  vote  in  the 
negative  on  this  question,  having  heen  accident- 
ally out  of  the  House  when  the  question  was 
put ;  hut  the  standing  rule  forbade  the  leave. 

The  third  resolution  was  then  read,  as  fol- 
lows: 

<<  Resolved,  That  Congress  has  power,  under  the 
Constiti^tion,  to  construct  roads  and  canals  necessary 
for  commerce  between  the  States ;  provided,  that  pri- 
vate property  be  not  taken  for  public  purposes,  with- 
out just  compensation." 

Mr.  Holmes  moved  to  amend  the  resolution, 
by  adding  thereto  a  clause,  that  no  property  !<hali 
be  taken  of  any  State,  without  making  compen- 
sation therefor. — Negatived. 

Mr.  Tucker,  of  Virginia,  then  moved  to  amend 
the  resolution,  by  inserting,  after  the  word  "States," 
the  words. ''  with  the  consent  of  the  States  through 
which  the  same  may  pass." 

This  motion  was  negatived  by  yeas  and  nays — 
120  to  46,  as  follows : 

Yeas — Messrs.  Abbott,  Adams,  bII],  Barber  of 
Ohio,  Bateman,  Cobb,  Crawford,  Culbreth,  Desha, 
Harrison,  Hasbrouck,  Hendricks,  Herrick,  Hitchcock, 
Holmes  of  Massachusetts,  Hubbard,  Johnson  of  Ken- 
tucky, Jones,  Linn,  Livermore,  Marchand,  Marr,  Moore, 
Murray,  Jeremiah  Nelson,  T.M.  Nelson,  Palmer,  Pat- 
terson, Peter,  Pindall,  Porter,  Robertson  of  Louisiana, 
Sawyer,  Seybert,  Slocumb,  8.  Smith,  Southard,  Speed, 
Spencer,  l^tewart  6f  North  Carolina,  Tallmadge,  Tarr, 
Trimble,  Tucker  of  Virginia,  Upham,  and  Wilson  of 
Pennsylvania. 

Nats — Messrs.  Allen  of  MassachuMtts,  Allen  of 
Vermont,  Anderson  of  Pennsylvania,  Anderson  of 
Kentucky,  Austin,  Baldwin,  Barbour. of  Virginia,  Baa- 
selt,  Bayliaj,  Beech er,  Bellinger,  Bi>nnett,  Bloom- 
Held,  Blauiu,  Boden,  Boi&,  Bryan,  BurwelJ,  Butler, 
CimpbeU,  Ciagett,  ClHiborii(>,  Oolitony  Comstock, 
Cook,  CmfiA,  LVMger^  Cuahman,  Darlington,  Drake, 
Earle,  K(1wbjljb,  Ellieott^  Ervin  of  South  Carolina, 
Folgori  Forney,  Forsyth,  Ciamett,  Hak,  Hall  of  Debt- 
ware,  Hail  of  North  Caroliaa,  Herbert,  Herkimer, 
HeiEt^n^ggT  Helntes  of  Connecticat,  Hopkinson, 
Hunjl^^mfflngto  n,  Irvjcig  of  New  York,  Johnson  of 
VirgiaJft^Kiheeyf  Lawyer,  LownJea,  McLane,  W. 
Maclif^W,  P.  Maday,  McCoy,  Maaioa  of  Maasa- 
cbuieUs,"  Mason  of  Rhode  I^fJaxid,  Mercer,  Merrill, 
MiddUton,  Mills,  jMorton,  Moii^^ley,  Muaiford,  H<Nel- 
$00,  New.  Ogden,  Ogte,  Orr,  Owen,  Parrott,  Paw- 
ling, Pitkin,  Pkaaanta,  Poind  ex  ter,  Quarles,  Reed, 
Khati  Rice,  Rlth,  Hi  char  Jt;,  Kinggoiel,  Robertson  of 
Kentucky!  l^u^gles,  Sarap^ortj  Suvage,  Bchuyler.  Scud- 
der,  ScTgi^&nt,  Sett[<?f  Shaw,  Silsbee,  Simkins,  Ballard 
Smithy  Akiander  Sm^lh,  J.  B,  StnlLh,  Strong,  Stuart 
of  Marjbnd^  Taylor,  Terrill,  Terry,  7'o napkins.  Town- 
fiend,  Tucker  of  South  Cordina,  Tyler,  Walker  of 
North  Carolina,  Wallace,  We  ado  ver,  WesterJo,  White- 
side, W  tut  man,  WHIUoib  of  Connecticiaty  Williams  •£ 
New  York,  Wiltiam^  of  North  Uarolkia,  Wilkin,  and 
Wilson  of  MaeaacbUBCttfi. 

The  qaeaiion  then  reeurred  on  sgreeiog  to  the 


third  resolution,  and,  being  taken,  was  determined 
in  the  negative — yeas  71,  nays  &5,  as  follows: 

Yeas — Messrs.  Anderson  of  Kentucky,  Baldwin, 
Bateman,  Bayley,  Beecher,  Bloomfield,  CampbeQ, 
Colston,  Comstock,  Crawford,  Cruger,  Cushman,  Dar- 
lington, Ellicott,  Ervin  of  South  Carolina,  Forsyth, 
Gage,  Hall  of  Delaware,  Harrison,  Hasbrouck,  Her- 
bert, Herkimer,  Herrick,  Heister,  Hitchcock,  Hopkins 
son,  Hubbard,  Irving  of  New  York,  Johnson  of  Ken- 
tucky, Jones,  Kinsey,  Lawyer,  Livermore,  Lowndes, 
McLane,  Marchand,  Moore,  Morton,  Mumibrd,  Ogden, 
Ogle,  Palmer,  Parrott,  Patterson,  ^^awling,  Peter,  Pin- 
dall, Porter,  Quarles,  Rich,  Robertson  of  Ky.,  Robert- 
son of  Louisiana,  Savage,  Schuyler,  Sergeant,  Sim- 
kins,  Bal.  Smith,  Spencer,  Stuart  of  Maryland,  Tall- 
madge, Tarr,  TerriU,  Trimble,  Upham,  Wallace,  Wen- 
dover,  Westcrlo,  Whiteside,  Wilkin,  Wilson  of  Mas- 
sachusetts, and  Wilson  of  Pennsylvania. 

Nats — Messrs.  Abbott,  Adams,  AUmi  of  Maasaflho- 
setts,  Allen  of  Vermont,  Anderson  of  PennsyWania, 
Austin,  Ball,  Barbour  of  Virginia,  Barber  of  Ohio, 
Bassett,  Bellinger,  Bennett,  Blount,  Boden,  Bosa^ 
Bryan,  Burwell,  Butler,  Clagett,  Claiborne,  Cojbb, 
Cook,  Crafts,  Culbreth,  Desha,  Drake,  Earle,  Ed- 
wards, Folger,  Forney,  Garnett,  Hale,  Hall  of  North 
Carolina,  Hendricks,  Hogg,  Holmes  of  Maasachuaetts^ 
Holmes  of  Connecticut,  Hunter,  Huntington,  JohiMon 
of  Virginia,  W.  Maclay,  W.  P.  Maclay,  McCoy,  Manr» 
Mason  of  Massachusetts,  Mason  of  Rhode  Island, 
Mercer,  Merrill,  Mills,  Moscley,  Murray,  Jer.  Nelson, 
H.  Nelson,  T.  M.  Nelson,  New,  Orr,  Owen,  Pitkin, 
Pleasants,  Poindexter,  Reed,  Rhea,  Rice,  Richards, 
Ringgold,  Ruggles,  Sampson,  Sawyer,  Scudder,  Settle, 
Seybert,  Shaw,  Sherwood,  Silsbee,  Slocumb,  S.  Smith, 
Alex.  Smyth,  J.  S.  Smith,  Speed,  Stewart  of  North 
Carolina,  Strong,  Strother,  Taylor,  Terry,  Tompkins, 
Townsend,  Tucker  of  Virginia,  Tucker  of  South  Car- 
olina, Tyler,  Walker  of  North  Carolina,  Walker  of 
Kentucky,  Whitman,  Williams  of  Conneetieut,  «nd 
Williams  of  North  CaroHna. 

The  question  was  then  stated  upon  concurritig 
with  the  Committee  of  the  Whole,  in  that  part 
of  their  amendment  embraced  by  the  fourth  res- 
olution, in  the  following  words,  viz : 

4.  Resolved,  That  Congress  has  power,  under  lh# 
Constitution,  to  construct  canals  for  militaiy  purpotea : 
Provided,  That  no  private  property  be  takea  for  anj 
such  purpose,  without  just  oompensation  beisig  mmA 
therelbr. 

Mr.  Dbbha  moved  to  amend  the  same,  by  Ib« 
serting,  after  the  word  *•  purposes,'*  Ihe  words 
'^  with  the  consent  of  the  States  through  whicd 
they  may  pass." 

And  the  question  being  taken  thereon,  it  was 
determined  in  the  negative. 

The  question  then  recurred  on  agreeing  lo  the 
said  fourth  resolution,  and,  being  takeoi,  it  was 
determined  in  the  negative— yeas  81,  nays  83,  as 
follows: 

YiAS — Messrs.  Abbott,  Anderson  of  Kentuekj, 
Baldwin,  Bateman,  Bayley,  Beecher,  Bloomfield, 
Campbell,  Cobton,  Comstock,  Cruger,  Onahmas,  Da)r^ 
lingion,  fillicott,  Ervin  of  South  Carolina,  ForsyUi, 
G^ge,  Hall  of  Delaware,  H«rriaon,  Hasbroudt,  Hectd* 
rieka,  Herkimer,  Herrick,  Heister,  Hitchcock,  Hopkin^ 
aon,  Hubbard,  Irving  of  New  York,  Jehn^n  of  Iten- 
tucky,    Jones,    Kiaaey,  Lawyer,    Lhln,    Livermore, 


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1881 


HZBSOaT  OF  OONaKBBB. 


18t0 


Mams^IUSu 


BekUiom  wUh  S^fHxin, 


H»ofR« 


L&mH^  MoLmm»  MaMAoad,  Vimr,  M M^def » Mo«re, 
MottDn,  Mmlwd,  Momij,  Ofden,  Ogle,  Ftlmer, 
Piirolt,  PftttOTOB,  Pftwling,  Peter,  PiaMl,  Porter, 
QduIw,  Bidi,  BebMteDD  of  KmUuky,  BobertMm  ef 
LoakUna,  SaTtge,  Schojler,  Sergeant,  Sejbcort,  Sioit 
km8»  Blocomli^  Ballard  Smtth,  fienthaid^  Speed,  Spen- 
cer, aioart  oi  I#a0land,  TaUmadge,  Tair,  Tajlor, 
TeniU,  TrioiUe,  Uphatt,  WaUftoe,  WendoTcr,  Weei- 
erlo,  Wmteetde,  Wilkin,  Wilson  of  Manachuaetta,  and 
Wilaoa  of  Penn^Wania. 

Ka¥*— Meem*  Ada«B,  AUen  of  MaaMcl^iMett^ 
Allen  of  VeimoBft,  Andenon  of  Poin^Wania,  Austin, 
BaUt  Barbour  <^  Viiginiat  Barber  of  Ohio,  BaMolt, 
BeUinger,  Bennett, Blount,  Boden,  Boae,  Bryan,  Bur*> 
well,  Butler,  Clagett,  Claiborne^  Cobb,  Cook,  CrafU, 
Culbreth,  Deiha.  Brake,  Barie,  Edwards,  Folger,  For- 
ney, Qaraett,  Hale,  Hogg,  Holmes  of  Massachusetts, 
Hohnee  of  Connecticut,  Huntington,  Johnson  of  Yir* 
gnia,  W.  Machj,  W.  P.  Maclay,  McCoy,  Mason  of 
Jfasaachosetts,  Mason  of  Rhode  Island,  Merrill,  Mills, 
Moeeley,  Jeremiah  Nebon,  Hugh  Nelson,  T.  M.  Nel- 
son, New,  Orr,  Owen,  Pitkin,  Pleasants,  Poindexter, 
Reed,  Rhea,  Rice,  Richards,  Ringgold,  Ruggles,  Bainp- 
•OB,  Sawyer,  Seudder,  Settle,  Maw,  Stiebeo,  8.  fSmA, 
Alexander  Smyth,  J.  S.Smidi,  Stewart  of  North  Oar- 
oMna,  Strong,  SCroither,  Terry,  TompUas,  Townsend, 
Tucker  of  Virginia,  TudiEer  of  South  Carolina^  Tyler, 
Walker  of  North  Carolina,  Walker  ef  Kentucky, 
Whitnan,  WiUiains  of  Connecticiit,  Willians  of  New 
Yoikf  gnd  WillianM  of  North  Carolina. 
So  the  resolmioft  wta  not  agreed  to. 
The  restth  of  the  whole  proceeding  i«,  that  the 
House  have  come  to  the  following  resolution : 

^  That  Congress  hate  power, under  the  Constitution, 
to  appropriate  money  for  the  construction  of  post  roads, 
military  and  other  roadi^  and  of  cands,  and  for  the 
improTement  of  water-courses." 

Mr.  PoiVDfiXTBR  then  submitted  for  considera- 
tioa  the  following  resolution : 

•^MefBimd,  That  OoagMM  hvre  poweiv  under  te 
Cmistitntaon,  to  appiopriale  BOttey  in  aid  of  the  eo»- 
slnietioii  of  roade^and  canals^  whieh  shall  be  laid  out, 
and  eenatmeled,  under  the  authority  of  the  Lf  giala- 
taie  of  the  Statea  through  which  they  pass." 

After  some  Qooveraatioii— - 

The  queMMii  beuf  lakea  thereoa,  wts  deeidtd 
ia  ike  negative. 

Mi;*  iiOWNMSB  then  remarked,  that,  after  the 
decision  of  this  House  to-day,  there  could  be  no 
doubt  that  a  14rge  majority  of  the  fibase  eater- 
taned  the  convtetioa  of  the  power  of  Congress 
to  appropriate  money  for  the  purpose  of  eonstruet- 
ail|^  roads  and  canals.  The  sense  of  the  House 
being  thus  aseertained,  and  the  obstruction  re- 
mored  to  any  proposition  embracing  that  object  j 
he  moved  that  the  further  consideration  ot  the 
leporc  lie  on  the  table. 
The  motion  baring  been  agreed  to-^ 
Mr.  TuccEBf  of  Virgtoia)  from  the  Committee 
on  Roads  and  Canals,  reported  a  bill  making. fur- 
ther appropriations  tor  the  Cumbeilaud  road; 
whieh  was  twice  read  nnd  committed. 

OIJR  RELATIONS  WITH  SPAIN. 
The  following  Message  was  reoeired  from  the 
PftMiDBirF  OF  Ttts  Ukitbii  Statba: 


To  Me  ^^koAmt  of  Ma  AbiMeo/lCkty^rMMiaifees  .• 

Incompliance  with  aresolntion  of  the  Senate^  of  the 
1«^  December,  and  ef  the  House  of  Repiesenlativesb 
1 1^  before  Congress,  arepm  of  the  Secretary  efSlae^ 
and  the  papers  referred  to  in  it,  respecting  the  negotii* 
tion  with  Spafai.  To  expktn  fully  the  nature  of  the 
diffnences  between  the  United  States  and  Spaio,  and 
the  conduct  of  the  parties,  it  has  been  found  neoesea^ 
to  go  back  to  an  early  epoch.  The  recent  correspond 
ence,  with  the  documents  accompanying  U,  will  gi^a 
a  full  view  of  the  whole  subject,  and  place  the  conduct 
of  the  United  States,  in  e?ery  stage,  and  under  every 
circumstance,  for  justice,  moderation,  and  a  firm  ad- 
herence to  their  rights,  on  that  high  and  honorable 
ground,  which  it  hss  in?ariably  sustained. 

,^     ,  JAMES  MONROE. 

WxBBnfBTOV,  March  U,  1818. 

DBVAmmYT  <»  Btavm,  Mmtk  U»  1816. 

The  Secretary  of  State,  to  whom  have  been  refemd 
the  TCMlation  of  the  Senate^  of  16th  December,  and 
of  the  House  of  RepreeentaUTes  of  ^  i4th  Pebruarr 
last,  has  the  honor  of  submitting  to  the  PfesUent  Hie 
oorrespondenoe  between  this  Depaitment  and  the 
Spanish  Minister's  residence  here,  since  he  received 
the  last  instructioae  of  his  Government  to  renew  the 
negotiations  which,  at  the  time  of  the  last  commaai- 
cation  to  Congress  was  suspended  by  the  IneoffieieBcy 
of  his  powers.  These  documents  will  show  «he  pie>- 
sent  state  of  the  relations  between  Ihe  twt>  Oovent- 
ments. 

As  in  the  remonstrance  by  Mr.  de  Oniv  of  the  6ih 
of  December  against  the  occupation  by  the  United 
States  of  Amelia  Island,  he  refers  to  a  previous  oom- 
munication  from  him,  denouncing  the  expedition  of 
Sir  Gregor  McGregor  against  that  place,  his  note  of 
9th  July,  being  the  paper  thus  rcfoired  to,  is  added  to 
the  papers  now  transmitted.  Its  date,  when  compared 
with  that  of  the  occupation  of  Amelia  by  McGregor, 
will  show  that  it  was  written  ten  days  after  that  event ; 
and  the  contents  of  his  note  of  eth  December,  wfll 
show  that  measuree  had  been  taken  by  the  competent 
authorities  of  the  United  States  to  arreet  McGregor  m 
soon  as  the  unlawfulness  of  his  prooee£ngs  within 
our  jurisdktion  had  been  made  known  to  them  by 
legal  evidence,  although  he  was  beyond  tiie  reach  ef 
the  process  before  it  could  be  served  upon  his  persMb 
The  tardiness  ef  Mr.  Onis's  renaonstranoe  isof  itself  a 
decisive  vindication  of  the  magistrates  of  the  UUted 
States  against  any  imputation  ef  necHect  to  eoiiine 
the  laws;  for,  if  the  I^MOush  Minister  hhnself  had  m> 
evidence  of  the  project  of  McGiegor,  saftden^  war- 
rant him  in  addressing  a  note  upon  the  subj^totMs 
Department,  until  ten  days  after  it  had  beA'accoia- 
pliahed,  it  cannot  be  supposed  that  officers^,  whose  au- 
thority to  act  commenced  only  at  the  moment  of  the 
actual  violation  of  the  laws,  and  who  could  be  justified 
only  by  clear  and  explicit  evidence  of  the  facts  in  proof 
of  such  violation,  should  have  been  apprised  of  the 
necessity  of  their  interposition  in  time  to  mske  it  ef- 
fectual before  the  person  accused  had  departed  from 
this  country. 

As,  in  the  recent  discussions  between  Mr.  Onis  and 
this  Department,  there  is  frequent  reference  to  those 
of  the  negotiation  at  Aranjuez  in  1806,  the  corres- 
pondence between  the  Bxtraordinary  Minister  of  the 
United  States  at  that  period,  and  Den  Pedro  Cetallos, 
then  the  Minister  of  Foreign  AfiUrs  in  Spain,  will  be 
alao  submitted  as  soon  as  may  be,  to  be  laid  betan 
Congress,  together  wiUi  the  ootiespoadence  between 


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1S91 


msToar  of  ookg^sbbb. 


1861 


H.  OP  R. 


I*t0e$ttutfg$* 


Makcb,  181S. 


Don  Frandico  Pkaoro  and  Mr.  Emiif ,  mime^Mtalj 
BNoediiig  the  tranfmiifioa  of  new  inetnietione  to  Mr. 
Onie  and  other  oorreepondence  of  lir.  Onif  with  thia 
Department,  tending  to  complete  the  view  of  the  rela- 
tione between  the  two  oonntriea. 

JOHN  QUINCY  ADAMS. 

[Ac€OfDpAoyiDff  this  report  were  the  docu- 
ments) of  which  toe  following  is  a  list :] 

No.  1.  Don  Luis  de  Onis  to  the  Secretarj  of  State, 
9th  July,  1817. 

No.  2.  The  same  to  the  same,  6th  December,  1817. 

No.  8.  The  vame  to  the  same,  10th  December, 
1817. 

No.  4.  The  Secretary  of  State  to  Don  Lnis  de  Onis, 
16th  December,  1817.  , 

No.  5.  Don  Luis  de  Onis  to  the  Secretary  of  State, 
89th  December,  1817. 

Jfo*  6.  The  same  to  the  same,  6lh  January,  1818. 

No.  7.  The  same  to  the  same,  8th  Jannaiy,  1818. 

No.  8.  The  same  to  the  same,  8th  January,  1818. 

No.  9.  The  Secretary  of  State  to  Don  Luis  de  Onis, 
leth  January,  1818. 

No.  10.  Don  Luis  de  Onis  to  the  Secretary  of  SUte, 
94th  January.  1818. 

No.  U.  The  same  to  the  same,  10th  February, 
1818. 

No.  13»  The  Secretary  of  StaU  to  Don  Luis  de 
Onis,  ISlh  March,  1818,  (with  enclosures,  A.  1,  B.  S, 
C.  3,  D.  4,  £.  6.) 

The  Message  and  accompanyiog  docoments 
was  referred  to  the  committee  on  so  much  of  the 
President's  Message  "  as  relates  to  the  subject  of 
Foreign  Affairs." 

Monday,  March  16. 

Mr.  Marr  presented  a  petition  of  the  General 
Assembly  of  the  State  of  Tennessee,  praying  that 
such  measures  may  be  adopted,  as  will  en  able  of 
citizens  of  that  State  to  talce  possession  of  lands 

eurchased  by  them  from  the  State  of  North  Caro- 
na^  and  which  are  now  held  by  the  Chickasaw 
Indians,  under  a  treaty  concluded  with  the  Uni- 
ted States.— Referred  to  the  committee  appointed 
OB  the  17th  December  last,  respecting  the  Indian 
title  to  lands  within  the  Sute  of  Kentucky. 

Mr.  RoBiRTSOif,  of  Louisiana,  presented  a  peti- 
tion of  Qales  A  Seaton,  stating,  that  they  pro- 
pose to  publish  a  HUtorp  of  Omgrtw^  from  the 
eomiqtficement  of  the  Qoremment  to  the  pre- 
sent cugT)  And  praying  the  aid  and  patronage  of 
Congre^  in  their  said  publication ;  which  was 
read,  and  referred  to  a  select  committee;  and 
Mr.  RoBBRTsoN,  Mr.  Ttler,  Mr.  Hopkinson, 
Mr.* Holmes,  of  Massachusetts,  and  Mr.  Sim- 
KIM8,  Were  appointed  the  committee. 

Mr.  Scott  presented  petitions  of  sundry  in- 
habitants of  the  Territory  of  Missouri,  praying 
that  the  said  Territory  may  be  admitted  into  the 
Union,  as  a  State,  on  an  equal-  footing  with  the 
original  States ;  which  were,  together  with  the 
petitions  of  a  similar  nature,  heretofore  presented 
•i  the  present  session,  referred  to  a  select  commit- 
tee ;  and  Mr.  Scott,  Mr.  Robbetsom  of  Ken- 
tucky, Mr.  PoinofiXTBR,  Mr.  Hbhdrico,  Mr. 
LiTERMORB,  Mr.  Mills,  and  Mr.  Baldwui,  were 
appointed  the  committee. 


Mr«  Soott  also  pretenlid  a  petiiion  of  euadrf 
inhabitants  of  the  southern  part  iA  the  Terriiory 
of  Blissoori,  praying  for  m  dirision  of  the  said 
Territory ;  which  was  referved  to  the  commiltet 
last  appointed. 

The  Spbakbr  presented  a  petition  of  sundry 
inhabitants  of  the  counties  of  Lehigh  and  North- 
ampton, in  the  State  of  Fennsyhrania,  stating 
the  misconduct  of  certain  officers  of  the  militia  of 
the  said  counties,  whilst  sitting  on  courts  martial 
for  the  trial  of  persons  who  failed  to  perform 
tbeir  tour  of  duty  under  the  requisitions  of  the . 
President,  during  the  late  war ;  that  they  hare 
improperly  applied  the  public  moneys  coming 
into  their  possession,  and  tliat  they  hare  contract- 
ed unnecessary  and  improper  expenses  whilst 
acting  on  said  courts  martial,  which  are  charged 
to  the  United  States ;  and  praying  that  the  sub- 
ject may  be  investigated,  and  the  abuses  of  which 
they  complain  corrected.— Referred  to  the  Com* 
mittee  of  Ways  and  Means. 

Mr.  Blodmt,  from  the  Committee  on  the  Post 
Office  and  Post  Roads,  report^  a  bill  to  augment 
the  salary  of  the  Postmaster  Qeneial  \  which  was 
read  twice,  and  committed  to  a  Committee  of  the 
Whole. 

Mr.  Williams  made  a  report  on  the  petition 
of  Renner  and  Heath,  which  was  read,*  when, 
Mr.  W.  reported  a  bill  for  the  relief  of  Daniel 
Renner,  and  Nathaniel  H.  Heath,  which  was 
read  twice,  and  committed  to  a  Committee  of  the 
Whole. 

Mr.  LowNDBs,  from  the  Committee  of  Ways 
and  Means,  to  which  was  referred  the  amend* 
ments  proposed  by  the  Senate  to  the  bill,  entitled 
''An  act  fixing  the  compensations  of  the  Secretary 
of  the  Senate,  and  Clerk  of  the  House  of  Repre- 
sentatives, and  of  the  clerks  employed  in  their 
offices,"  reported  the  agreement  of  the  committee 
to  the  said  amendments,  and  they  were  committed 
to  a  Committee  of  the  Whole. 

Mr.  Rhea,  from  the  Committee  on  Pensions 
and  Revolutionary  Claims,  made  a  report  on  the 
petition  of  Ebenezer  Stevens  and  others,  which 
was  read  :  when,  Mr.  R.  reported  a  bill  for  the 
relief  of  Rbenezer  Stevens  and  Lucretia  Stevens, 
late  Lucretia  Sands,  and  others,  which  was  lead 
twice,  and  committed  to  a  Committee  of  the 
Whole. 

Mr.  HooH  Nelson,  from  the  Committee  on 
the  Judiciary,  to  whom  was  referred  the  bill  from 
the  Senate,  entitled  "An  act  to  ^tond  thejuris- 
diction  of  the  circuit  coarts  of  the  United  Siateiu 
to  cases  arising  under  the  law  relating  to  patents,'' 
reported  the  same  without  amendment,  and  the 
bill  was  committed  to  Committee  of  the  Whole. 

Mr.  Johnson,  of  Kentucky,  from  the  Commit* 
tee  on  Military  Afiairs,  reported  a  bill  for  the  re- 
lief of  Harold  SoAvth;  which  was  read  twice,  and 
committed  to  a  Committee  of  the  Whole. 

Mr.  Thomas  M.  Nelson,  from  the  conunittee 
appointed  on  the  18th  of  December  last,  to  inquice 
into  the  expediency  of  extinguishing  the  Indian 
title  to  certain  lands  within  the  State  of  Kentucky, 
granted  by  the  State  of  Virginia,  to  her  officers 
and  soldiers  in  the  Revolutionary  arm|r,  made  a 


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itu 


nnXO&T  OP  O(»Y0&188. 


1894 


Utmom,ldl9, 


hu^mol  ImptwwBMntt^, 


ILof  R, 


xaport,  in  purt,  which  was  read ;  when,  Mr.  N. 
rtported  a  bill  mtkinff  appropriatioDs  for  the  pur* 
poM  of  extiogoishiog  Indian  claiou.  which  was 
rand  twice,  and  commilted  to  the  Committee  of 
the  Whole,  to  which  is  committed  the  bill  from 
the  Senate,  entitled  <'An  act  to  extend  the  time 
for  locating  Virginia  military  land  warrants,  and 
retaming  surreys  thereon  to  the  General  Land 
Office,  and  for  designating  the  western  boundary 
line  Of  the  Virginia  military  tract. 

Mr.  PoiicDBXTERi  from  the  committee  appoint- 
ed for  thepuroose,  reported  a  bill  anthorizinff  the 
election  of  a  delegate  from  the  Michigan  Terri- 
tory, to  the  Conffress  of  the  United  States,  and 
extending  the  right  of  suffrage  to  the  citizens  of 
said  Territory,  which  was  read  the  first  time. 

Mr.  Tallmadoe,  from  the  committee  on  that 
Sl^t  of  the  Prjwident's  Message  which  relates  to 
roadii,  canals,  and  seminaries  of  learning,  re]^rted 
a  bill  authorizing  the  subscription  of  stock  in  the 
Delaware  and  Chesapeake  Canal  Company; 
which  was  read  twice,  and  committed  to  toe 
Committee  of  the  Whole,  on  the  bill  from  the 
Senate,  ^  in  addition  to  an  act  makins  appropri* 
aliens  for  repairing  certain  roads  uierein  de- 
scribed.^ 

Mr.  BiBRCBR,  from  the  committee  to  whom  it 
had  been  referred,  reported  the  resolution  from 
the  Senate  directing  the  publication  of  the  jour- 
nal of  the  convenuon,  with  an  amendment,  pro- 
posing the  publication  of  the  Secret  Journals  of 
Congress,  and  its  correspondence  with  foreign 
Powers,  prior  to  the  Treaty  of  Psace  with  Great 
Britain  in  1783. 

Mr.  Babbbtt  moyed  further  to  amend  the  said 
resolotioB  by  striking  out  these  words :  *'  of  which 
one  copy  shall  be  furnished  to  each  member  of 
the  prctfonc  Congress." 

Theoioiion  to  amend  was  rejected  by  the  House, 
and  the  resolution  was  ordered  to  be  engrossed, 
and  read  a  third  time  to-nuvrow. 

The  House  took  up  the  amendments  proposed 
by  the  Senate  to  the  bill,  entitled  "An  act  to  pro- 
vde  for  delivering  up  persons  held  to  labor  or 
,  aerviee  in  any  of  the  States  or  Territories  who 
shall  CKape  mto  any  other  State  or  Territory," 
and  being  read,  were  again  ordered  to  lie  on  the 


The  House  then,  in  Committee  of  the  Whole, 
eonsidered  the  report  unfavorable  to  the  petition 
of  Jaites  Borsiel,  which,  notwithstanding  the 
aaraest  oppoeition  of  Mr.  Claoett,  was  con- 
curred in* 

OritretL  That  one  thousand  four  hundred 
copies  of  the  Message  from  the  President  of  the 
United  SuteiL  of  the  14th  instant,  upon  the  sub- 
ject of  our  relations  with  Spain,  together  with 
the  documents  accompanying  the  same,  l^  print- 
ed for  the  use  of  the  members  of  this  House,  in 
addition  to  the  usual  number  heretofore  ordered. 

DfTERNAL  IMFROVBinSNT. 

The  House  then  went  into  a  Committee  of 
the  Whole,  on  the  bill  front  the  Senate  making 
appropriations  for  repairing  and  keeping  in  repair 
certain  roads,  from  Fort  Hawkins  to  Fort  St. 


Stephens,  and  from  Columbia  in  Tennessee,  by 
the  Choctaw  Agency,  to  Madisonville  in  Louis- 
iana. To  the  same  Committee  had  been  referred 
a  bill,  reported  to-day,  respecting  the  Chesapeake 
Canal. 

Mr.  H.  Nelson  spoke  a  short  time  in  opposi- 
tion to  the  bill,  viewing  it  as  a  part  of  a  system 
of  encroachment  on  State  rights,  which  ought  to 
be  resisted  in  every  stage  and  under  every  form. 

Mr.  Robertson,  of  Louisiana,  supported  the  bill 
against  Mr.  Nelson's  objections,  and  on  its  own 
merits.  He  supported  it  also  on  the  ground  that, 
in  this  instance,  no  authority  but  the  United 
States  could  make  the  road,  since  it  passed  over 
a  tract  of  country  to  which  the  Indian  title  is  not 
yet  extinguished,  and  over  which  the  jurisdiction 
of  the  United  States  is  not  disputed. 

Mr.  FoRSTTH  and  Mr.  Poinoexteb  also  sup- 
ported the  bill  on  the  same  ground,  and  Mr.  Nel- 
son replied. 

No  amendment  having  been  proposed  to  this 
bill,  the  Committee  proceeded  to^  the  considera- 
tion of  another  bill,  reported  this  morning,  and 
which  had  been  referred  to  the  same  Committee, 
authorizing  the  subscription  to  the  stock  of  the 
Chesapeake  and  Delaware  Canal  Company. 

The  consideration  of  this  bill  gave  rise  to  debate, 
in  which  the  gentlemen  named  below  took  part— - 

Mr.  McLane  explained,  at  some  length,  the 
advantages  of  the  contemplated  canal,  as  connect- 
ing the  waters  of  Delaware  with  those  of  the 
Chesapeake  Bajr,  and  stated  the  views  of  the 
Company  in  desiring  to  interest  Congress  in  the 
work. 

[From  the  elucidation  of  this  business  by  Mr« 
McLane,  it  appears  that  the  original  stock  of  the 
Company  was ^400,000,  of  which  about  $150,000 
have  been  paid  up  and  expended.  The  State  of 
Pennsylvania  has  agreed  to  take  an  additional 
stock  to  the  amount  of  $75,000 ;  Maryland  to  the 
amount  of  $50,000,  and  Delaware  to  the  amount 
of  $20,000,  provided  the  United  Sutes  agreed  to 
take  shares  to  the  amount  of  $150,000.  The 
estimated  expense  of  the  work  is  $800,000:  the 
balance  is  expected  to  be  made  up  by  individual 
subscriptionj 

Mr.  Sassett,  under  the  belief  that  Congress 
had  not  the  power  to  appropriate  the  public 
money  for  the  purpose  designated  in  the  bill, 
moved  to  strike  out  the  whole  of  the  bill,  after 
the  enacting  clause. 

Mr. Pitkin  wished  for  something  more  definite, 
respecting  this  proposition,  than  was  to  be  founa 
in  the  bilT.  He  wished  to  know  what  control  the 
United  States  were  to  have  over  the  location  or 
expenditure  on  the  canal ;  whether  they  were  to 
have  the  appointment  of  any  portion  of  the  di- 
rectors, d^c.  It  appeared  that  Pennsylvania  and 
Maryland  had  agreed  to  take  a  certain  number  of 
shares, provided  the  United  States  did  the  same; 
but,  even  after  these  joint  subscriptions  were  add- 
ed to  the  funds  of  the  company,  there  would  yet 
be  a  deficiency  of  three  or  four  hundred  thousand 
doJlare,  as  only  a  part  of  the  subscribed  capital 
was  forthcoming*  Respecting  canals  generally, 
Mr.  P.  did  not  consider  them  as  objects  of  profit- 


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tble  investmeDt  of  mone^ ;  yet,  he  ackiiowled|[ed, 
there  might  be  canals  of  such  great  nttiooal  im* 
portance,  that  the  Legislature  would  be  I'ostly 
mduoed  to  subscribe  to  them.  But,  before  he  eo- 
listed  in  any  project  of  the  ktod,  he  wished  to 
koow  the  extent  to  which  he  wa«  going.  To 
aflbrd  some  time  to  understand  this  subject,  he 
moTed  that  the  Committee  rise  and  ask  leave  to 
sit  again. 

Mr.  Ballard  Svith  inquired  whether  the 
Committee  on  Internal  Improvement  intended  to 
report  any  general  bill  for  mtemal  improvement 
"Whether  they  did  or  jiot,  it  appeared  to  him  that 
the  House  should  ha<ve  before  it  at  one  view  the 
several  propositions  for  great  national  improve- 
ments, that  the  merits  of  each  might  be  examined 
and  compared,  coUectivdr  and  separately. 

Mr.  Tallma0gb,  of  New  Tori,  said  he  be- 
lieved he  was  authorized  to  state  that  the  select 
committee  did  contemplate  to  submit  a  system  of 
internal  improvements  for  the  consideration  of 
the  House.  He  regretted  the  state  of  his  health 
had  prevented  him  from  taking  part  in  the  late 
debate  on  the  subject,  as  it  was  his  intention  to 
have  pointed  out  a  summary  of  the  plan  in  his 
opinion  the  most  proper  to  be  adopted.  At  this 
time  it  was  only  proper  for  him  to  state,  that  the 
committee  had  reported  the  present  bill  making 
provision  for  repairing  the  roads  therein  men- 
tioned, because  they  deemed  it  of  essential  im- 
portance to  that  district  of  country.  The  inter- 
course with  Louisiana  was  greatly  dependent 
upon  it,  and  it  was  essential  to  the  convenient 
supplies  for  the  Southern  army,  now  under  Qen- 
eral  Jackson,  that  the  roads  mentioned  in  the  bill 
should  be  repaired*  The  situation  of  those  roads, 
and  the  necessities  of  that  part  of  the  country, 
would  not  admit  of  delay ;  and,  therefore,  the 
committee  had  yielded  to  the  pressure,  and  had 
reported  the  present  bill  in  anticipation  of  the 
system  contemplated  by  them. 

Mr.  T.  said,  he  had  no  doubt  that  it  had  now 
become  an  imperative  duty  for  the  committee  to 
recommend,  and  the  country  to  adopt,  a  system 
of  internal  improvement,  calculated  to  provide 
for  the  national  defence,  and  which  would,  at  the 
same  time,  promote  commerce  between  the  States, 
and  facilitate  the  progress  of  the  mail.  That  in 
deliberaUns  upon  this  subject,  the  committee  had 
viewed  with  anxious  solicitude  the  recent  situa- 
tion of  the  country  during  the  late  war;  that, 
with  an  extensive  territory,  and  possessing  within 
ourselves  the  products  ana  the  abundance  of  al- 
most every  clime,  our  coasts  had  been  under  a 
blockade,  and  for  the  want  of  the  means  of  inter- 
nal intercourse  our  country  had  sulBTered  many 
privations.  We  had  seen  the  Southern  planter 
overloaded  with  the  superabundance  of  his  pro- 
ducts, and  yet,  unable  from  the  state  of  the  coun- 
try to  carry  them  to  market,  he  was  suffering 
under  poverty  and  want ;  we  had  seen  the  man- 
ufactories of  the  Eastern  States  shut  up  and 
discontinued,  and  that  portion  of  the  people  re- 
duced to  distress,  and  almost  to  ruin,  for  the  want 
of  the  raw  materials  from  the  South,  with  which 
to  proceed  in  their  beneficial  labors ;  and  while 


the  South  and  the  Bast  have  thus  seivM^iy  mI^ 
fered  from  the  inabitity  to  interchange  and  w* 
lieve  each  other^  wants,  we  have  wftnehsed  a 
people  and  an  army  on  the  Northern  and  West^ 
crn  frontier,  suffering  every  privation,  and  almost 
nakfd  from  the  want  of  those  fabrics  which  Iht 
manufactories  of  the  Bast  woaM  gMly  ba^ 
wrotight  from  the  products  of  the  South.  Thuaf^ 
in  the  possession  of  every  means,  and  with  abviH 
dance  to  answer  every  demand,  but  without  tiM 
facilities  of  interchange  and  of  internal  iuter- 
coorse,  our  country  has  experienced  the  priv^A 
tions  of  every  want  and  the  expenses  of  every 
disadvantage.  To  remedy  some  of  these  defects, 
and  to  guard  against  tike  calamities  in  future,  the 
committee  contemplate  to  recommend  inte.riiM 
improvements  on  the  Atlantic  coasts,  tendinig  to 
provide  for  the  common  defence,  and,  by  uniiriH 
Georgia  to  Maine,  more  eflbctuatly  to  consolidate 
the  Union.  As  a  part  of  this  system,  Ihey  have 
this  dav  reported  a  bHl  to  aid  in  unititfg,  by  A 
canal,  the  Chesapeake  and  the  Delaware. 

Mr.  T.  said,  the  select  committee  had  afse 
viewed  the  Columbia  road  as  a  work  of  great  na* 
tional  importance,  and  which  required  provtsioii 
for  its  completion,  and  strongly  exemplified  the 
inefficiency  of  State  authority  to  consummate 
such  objects,  and  the  duty  of  the  Union  to  secure 
its  coinpletion.  He  said  that  road  ran  througli 
three  States.  Virgtnia,  Maryland,  and  Pennsyl* 
vania,  all  or  which  were  less  interested  in  th# 
road  than  the  District  of  Columbia,  or  the  West- 
ern States,  towards  which  the  road  pointed ;  and 
that  its  completion  was  therefore  justly  cotisid«> 
ered  a  sufeject  of  great  national  importauce.  and 
upon  which  the  safety  and  welfare  of  the  West- 
ern States,  in  a  military  and  commercial  point  of 
view,  materially  depended.  It  also  strongly  eft«> 
emplmed  that  class  of  improvements  whtcn  were 
intimately  connected  with  the  prosperHy  ef  the 
Union,  and  justly  became  objects  of  national 
legislation,  and  as  dbtinrufshed  from  transverse 
roads  through  towns  arc  counties  for  toeai  ao** 
commodation,  and  which  properly  fbrmM  a  sobk- 
ject  of  local  legislation  and  State  jurisdkftiefu 
Shr,  said  Mr.  T.,  it  is  a  fact  worthy  the  ohs^rvia- 
tion  of  the  House,  that.  wfaHe  the  uttafiimous 
opinion  of  the  nation  requires  the  Government  te 
establish  forts  and  defend  the  Western  frontier-- 
that  while  the  subject  of  internal  improvement 
has  been  before  us^^tbat  while  we  have  beeu  dt^ 
bating  upon  the  power  of  our  Constitution,  whieU 
commands  us  to  provide  for  the  common  defence 
and  general  welNtre,  the  War  Office  is  actually 
settling  accounts,  and  payiuff  at' the  rate  of  one 
hundred  and  twenty-seven  <K>llars  per  barrel  for 
pork  cousauied  in  our  WesternjearrisoUs.  I  mei^ 
tion  not  this  fact,  said  Mr.  T.,  as  fiuding  fault 
with  the  Administration,  or  whh  any  department. 
They  have  no  alternative  but  to  snrmouat  byesr- 
penditures  the  difieulties  of  transportation.  But 
shall  we  require  the  Gk)vernment  to  defend  the 
country,  and  sit  here  debating  and  doubting  our 
power  to  provide  adequate  means?  ShaU  #e 
witness  the  necessity  of  snch  wasteful  extrara* 
gance,  and  yet  refuse  the  remedy  by  a  rational 


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ffstem  of  intemtl  improrem^nu  ?  It  is  Imt  to 
exhaast  the  treasures  of  oar  countrv  and  parttel- 
pate  iQ  a  politietl  saleide.  8ir,  said  Mr.  T.,  the 
exigencies  of  the  Western  frontier^  and  the  nnani- 
HfOQtt  expression  of  the  nation,  hare  called  alond 
for  the  late  naval  armament  on  Lake  Erie«^an 
armament  which  ptodnced  saeh  important  bene- 
its  to  the  country,  and  reaped  for  our  nation  such 
an  abandant  haryest  of  glory.  The  munitions  of 
wanr  for  that  armament  were  sent  ftom  the  Seat 
of  Goremment.  The  distance  is  less  than  four 
hundred  m)h>8,and  yet,  from  the  inability  to  nass 
fhnn  this  place  direct  to  Erie,  I  an)  informed  at 
the  Nayy  Department,  that  all  (he  Articles  #ere 
transported  by  the  way  of  Albany,  a  distance  of 
nearly  nine  hundred  miles  transportation.  The 
cost  of  a  cannon  at  this  place  is  nearly  four  bun- 
ired  dollars,  while  the  expenses  of  transportation 
OB  this  oircnitoas  and  protracted  route  was  from 
oaa  thotisao4  fi?e  biiadred  to  two  thousand  dol- 
lara  for  c«oh  gitn.  Mr.  T.  said  froaa  iaformatioa 
1km,  he  had  derived  from  the  War  and  Nayy  Da- 
paruneats,  he  wis  anthornsd  to  say,  ^at  the  eX* 
ptnscx  of  trmnsportatioB  on  the  Western  frontier, 
ioriDg  the  late  war,  weutd  haye  opened  turnpike 
raada  ihronf^  the  Western  States. 

To  remedy  these  and  like  iaconyeniences,  of 
which  Mr.  T.  said,  be  had  suggested  only  a  small 
portion,  and  Irrth  a  yiew  to  retieve  the  country 
nom  snch  exorbitant  expenses,  incident  to  the 
present  rate  of  transportation,  he  was  happy  to 
answer  to  the  inquiries  that  had  been  made,  thai 
the  select  committee  did  contemplate  to  submit 
for  the  consideration  of  this  House  objects  of  in* 
texnal  improyemeni  worthy  the  national  atten- 
tioa,  sod  that  the  comnnttee  would  proceed  as 
tut  M8  this  House  shaaid  eyiace  a  wilUogi^ess 
te  cherish  the  sufageM^  and  lay  aside  these  Con- 
stitutional scruples  which  had  preaeaied  sMh  se^ 
rious  obstacles  to  legislation  on  this  subject. 

Mr.  P0R8TTH  made  some  remarks  to  show  the 
impracticability  of  deyising  any  general  system 
of  improyeoMut.  To  attempt  to  embrace  in  one 
Wi  aU  neeeasary  improyements,  would  be  to  de^ 
ftat  eyery  proposition  of  that  sort,  since  ft  was 
iaapeiaible  to  reconcile  all  the  jarring  interests  of 
the  yatioua  sections  of  the  Union.  The  Honse 
iBUst,  therefore,  to  act  with  eiftct,  decide  on  the 
i^srious  firopofinoas  as  presented  to  them,  on  their 
•wniaerits. 

Mr.  TAUkHAvea  again  spoke,  and  added  some 
Itvatratiens  of  his  former  obseryations. 

Mr.  Tuonan  spoke  in  fayor  of  the  bill  before 
tiM  Committee.  There  was  no  subject  of  inter* 
sal  Jnnroyement,  about  which  there  was  a  more 
general  aseent  in  ftyor  of  it  than  there  was  in 
fecard  to  the  Chesapeake  and  Delaware  Canal. 
Mn  PiTKin  again  rose,  to  protest  against  legts- 
Ittling  on  this  subject,  without  any  precise  infor- 
iHition  of  the  extent  of  the  system  into  which 
it  was  proposed  to  enter.  When  the  Mil  for  ap- 
propriatiag  the  bonus  of  the  Bank  of  the  United 
mates,  for  the  purpose  of  internal  improyement, 
passed  at  the  hut  session,  a  specific  sum  was  pro> 
pised  as  the  limit,  and  Congress  knew  the  ex^ 
teat  to  which  they  were  to  go.    Were  the  United 


States,  he  again  asked,  to  become  stockfaelderar, 
and  to  haye  no  share  in  the  management  of 
the  affhirs  of  the  canal?  Haying  an  Interest  ift 
the  improyement,  it  ought  also  to  haye  some 
share  in  the  management  of  it.  He  did  not  ob- 
ject to  the  power  of  Congress  to  apiH'opriate 
moaey  for  these  purposes,  but  he  desired  to  see  a 
limit  to  the  expenditure,  &c. 

Mr.  Meitcbr  opposed  the  motion  in  a  speech  of 
some  )en|[th.  As  to  the  managenient  or  the  af* 
fairs  of  this  company,  he  had  no  apprehension  of 
its  not  being  in  safe  hands,  since  the  charter  had 
been  granted  by  tbe  enlightened  Legishiture  of 
one  State,  and  approyed  by  two  others,  who  had 
detervnined  to  inyest  a  part  of  their  funds  in  it. 
Although  he  acreed  that  a  general  principle 
should  be  esuUisbed  for  the  regulation  of  future 
Improtement^,  yet,  as  a  company  already  exists 
for  opening  this  canal,  and  the  work  is  already 
commene^,  he  thought  it  might  Well,  consider* 
tng  the  great  importance  of  the  object,  be  made 
aa  exception  to  the  general  proyision.  Ahhougb, 
he  further  remarked,  he  should  be  Well  disposed 
to  yote  for  a  general  system  of  improyement  yery 
aaalogouB  to  the  system  embraced  by  the  bill  oif 
the  last  session,  which  had  been  referred  to,  he 
should  be  sorry  to  see  the  improyement  of  the 
country  restricted  to  the  narrow  limits  of  that 
bill ;  he  should  be  yery  sorry  that  the  national 
system  of  internal  improvement  should  moye 
with  no  greater  celerity  than  would  be  produced 
by  the  appropriattoa  to  that  object  of  the  stock 
ot  the  Qoyernment  in  the  Bank  of  the  United 
Slates.  The  objects  to  be  effected  were  of  pri- 
mary importance;  and,  if  restricted  to  the  tardy 
pace  at  which  the  limited  amount  of  three  or 
four  hundred  thousand  dollars  annually  would 
impel  them  forward,  centuries  must  elapse  before 
eyen  a  ftondatioa  could  be  laid  of  a  system  of 
internal  improyement  commensurate  with  the 
extent  and  resources  of  the  country. 

Mr«  SEUotANT,  of  Pa.,  opposed  the  motion 
by  arguments  fayorable  as  well  to  the  particular 
object  before  the  House,  as  to  canals  generally. 
The  canal,  from  the  Delaware  to  the  Chesapeabs, 
being  one  of  unquestionable  utility,  of  great  na- 
tional importance,  one  to  which  the  nation  would 
apply  its  resources,  if  at  all,  if  this  bill  did  not 

Siss^  there  was  ao  hope  of  any  practical  result 
om  the  kite  decision  of  the  House,  dbe.  In  re- 
gard to  a  general  system  of  appropriating  money, 
to  be  expended  in  the  States  according  to  their 
lepresenutiott  in  Congress,  Mr.  S.  showed  that 
that  system  would  not  answer ;  since  the  propor- 
tion ef  Delaware,  for  instance,  tyould  be  wholly 
inadequate  to  the  coinpletion  of  this  canal,  whicn 
is  to  run  within  the  State  of  Delaware,  and  yet 
is  lOore  important  to  Pennsylvania  and  Maryland 
than  to  her,  and  is  of  very  general  importance  to 
the  United  Suies,  dbc. 

Mr.  Potin  again  spoke  of  the  necessity  of  a 
clear  view  of  the  magnitude  and  expense  of  the 
undertaking.  Our  redundant  Treasury,  on  which 
gentlemen  appeared  to  calculate,  would  not  last 
a  great  while,  he  belieyed.  What  was  to  be  the 
future  situation  of  the  country,  who  wouhl  un- 


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Internal  ImprovemenU. 


March,  1818. 


dertake  to  say?  The  Spanish  negotiation,  it 
appeared,  was  broken  off;  the  result  of  that  busi- 
ness no  one  could  foretell  any  more  than  they 
could  what  other  uses  we  may  have  for  money 
hereafter,  d&c. 

Mr.  Lowndes  said,  that,  before  acting  on  a 
proposition  of  this  kind,  the  House  ought  to  bare 
before  it  ample  information,  not  oral  merely,  but 
official,  relative  to  the  present  pecuniary  situation 
of  the  company,  the  value  of  its  property,  the 
amount  of  debts  it  owes^  dtc.  While  he  was  dis- 
posed to  favor  internal  improvement,  he  thought 
that,  in  relation  to  any  particular  project,  the 
House  should  inquire  fully  and  accurately,  and 
have  the  facts  laid  on  their  table,  dec.  He  did 
not  suppose  that  any  member  was  so  much  at- 
tached to  the  cause  of  internal  improvement  that 
he  would  rush  into  it  blindfold,  without  being 
prepared  by  proper  information. 

Mr.  McLane  said,  in  reply  to  the  suggestion  of 
Mr.  Lowndes,  that  the  subject  had  already  been 
before  Congress,  at  different  times,  and  in  a  vari- 
ety of  forms,  and  ample  reports  of  all  the  facts 
had  been  made,  which  were  to  be  found  among 
the  records  of  the  House.  There  would  be  found 
all  the  facts  relative  to  the  original  amount  of 
stock,  the  amount  subscribed,  the  amount  paid, 
&c.  And,  on  examining  the  statutes  of  Penn- 
sylvania and  Maryland,  it  would  be  found  that 
such  acts  had  been  passed  by  them  respectively, 
as  he  had  described.  In  regard  to  a  system, 
which  some  gentlemen  desire  to  see,  he  said  that 
it  was  not  possible  to  say  how  far  Congress  might 
choose  to  go,  but  each  gentleman  had  it  in  lis 
power  to  say  how  far  he  would  go.  It  was  no 
objection  to  this  proposition,  that  gentlemen  did 
not  know  how  far  Confi^ress  might  think  proper 
to  go  hereafter.  Mr.  McL.  showed  the  great  im- 
portance of  this  canal  in  a  national  point  of  view, 
as  connecting  military  posts,  and  affording  the 
means  of  effectual  defence.  Keeping  up  but  a 
small  military  force,  it  was  the  duty  of  Congress 
to  provide  the  means  by  which  that  force  and 
the  munitions  of  war  could,  when  necessary,  be 
transported  wherever  wanted.  The  canal  could 
be  of  little  advantage  to  Delaware  in  any  view, 
but  was  of  great  importance  as  a  measure  of  na- 
tional defence.  To  obviate  the  objection  which 
some  ffentlemen  had  expressed  )o  this  appropria* 
tion,  Mr.  McL.  read  a  proviso,  leaving  the  sub- 
scription at  the  discretion  of  the  President,  after 
be  shall  have  satisfied  himself,  by  inquiring  into 
the  charter,  &.G.,  that  the  mon^y  may  be  safely 
invested. 

Mr,  LowND£9  did  not  consider  it  a  sufficient 
answer  to  hk  suggeBtion,  that  iaformalion  might 
be  obtained  by  searching  the  statutes?  of  the 
Ststesp  The  very  circumstance  that  tlie  bill  was 
only  this  moroiBg  reported,  was  a  sufficient  rea- 
son for  deferring  a  decision  on  ii,  He  knew  of 
no  object  of  internal  improvement  more  worthy 
of  aueDtioo  than  that  in  question  ^  but  hi  wished 
to  see  further  information  oo  the  subject.  He 
should,  therefore,  vote  for  the  Committee's  Tising, 
with  the  hope  that,  in  some  shape,  there  would 
he  spread  on  the  table  of  the  Houses  that  infor- 


mation without  which  tkey  could  not  prudently 
act. 

The  Committee  then  rose,  reported  their  assent 
to  the  bill  respecting  the  Alabama  and  Tennes- 
see roads  bill,  and  reported  progress  on  the  canal 
bill. 

The  bill  first  mentioned  was  then  ordered  to 
be  engrossed  for  a  third  reading,  by  yeas  and 
nays— 83  to  55,  as  follows : 

YiAS — Mesirs.  Abbott,  Anderson  of  Pennsylvania, 
Anderson  of  Kentucky,  Baldwin,  Barber  of  Ohio, 
Bateman,  Bayley,  Beecher,  Bloomfield,  Campbell, 
Cook,  CrafU,  Crawford,  Cushman,  Darlmgton,  Elli- 
cott,  Ervin  of  South  Carolina,  Forsyth,  Hall  of  Dela- 
ware, Harrison,  Hasbrouck,  Hendricks,  Herbert,  Her- 
kimer, Heister,  Hitchcock,  Holmes  of  Massachusetts, 
Hopkinson,  Hubbard,  Jones,  Kinsey,  Lawyer,  Linn, 
Little,  Lowndes,  McLane,  W.  P.  Maclay,  Marchand, 
Marr,  Mason  of  Massachusetts,  Mason  of  Rhode  Island, 
Mercer,  Middleton,  Moore,  Morton,  Mumford,  Murray, 
J.  Nelson,  Ogden,  Ogle,  Owen,  Palmer,  Patteraon, 
Pawling,  Peter,  Pindall,  Pitkin,  Poindexter,  Rich, 
Richards,  Robertson  of  Louisiana,  Ruggles,  Schuyler, 
Sergeant,  Seybert,  Slocumb,  Southard,  Speed,  Spen- 
cer, Stewart  of  North  Carolina,  Tallmadge,  Tarr,  Tay- 
lor, Terrill,  Trimble,  Tucker  of  Virginia,  Wallace, 
Westerlo,  Whiteside,  Whitman,  Wilkin,  Wilson  of 
Massachusetts,  and  Wilson  of  Pennsylvania. 

Nats — Messrs.  Allen  of  Massachusetts,  Allan  of 
Vermont,  Ball,  Barbour  of  Virginia,  Bassett,  Bellin- 
ger, Bennett,  Blount,  Boden,  Bryan,  Burwell»  Butler, 
Clagett,  Culbreth,  Earle,  Edwards,  Floyd,  Gage,  Gar- 
nett,  Hale,  Hogg,  Holmes  of  Connecticut,  Hunter, 
Huntington,  Jobjison  of  Va.,  Kirtland,  McCoy,  Merrill, 
H.  Nelson,  T.  M.  Nelson,  New,  Porter,  Reed,  Rhea, 
Rice,  Sampson,  Sawyer,  Scudder,  Settle,  Shaw,  Sher- 
wood, Silsbee,  Alexander  Smyth,  J.  S.  Smith,  Strong, 
Strother,  Tompkins,  Townsend,  Tucker  of  Soutii 
Carolina,  Tyler,  Upham,  Walker  of  North  Carolina, 
Williams  of  Connecticut,  Williams  of  New  York, 
and  Williams  of  North  Carolina. 


Tuesday,  March  17. 

Mr.  Blount  presented  a  petition  of  the  Gene- 
ral Assembly  of  the  State  ot  Tennessee,  prayiiig 
permission  to  withdraw  the  locations  of  certain 
lands  in  that  State,  heretofore  appropriated  by 
the  General  Government,  for  the  use  of  coUegea 
and  academies,  and  to  be  permitted  to  cause  other 
lands  to  be  located  and  laid  off  in  the  same  traec 
of  country  for  the  use  of  the  said  coUegea  and 
academies,  with  power  to  sell  the  same.  As  niso 
that  they  may  be  authorized  to  grant  or  sell  anf 
vacant  land  which  may  be  left  within  the  limits 
of  the  country  described  in  the  first  section  of  the 
act  of  April,  1806,  "  authorizing  the  said  State  to 
issue  grants  and  perfect  titles  to  certain  land» 
therein  described,  and  to  settle  the  claims  to  the 
vacant  and  unappropriated  lands  within  the 
same,"  at  such  price,  and  upon  such  terms,  as 
the  General  Assembly  of  the  said  State  maf 
deem  proper. 

Mr.  Marr  presented  another  petiUon  of  the 
Gkneral  Assembly  of  the  State  of  Tennessee,  re* 
iating  to  the  subject  of  land  titles  in  that  State, 
derived  from  the  State  of  North  Carolina,  and 
praying  that  they  may  be  authorized  to  proceed 


Digitized  by 


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1401 


HBROBT  OF.OOirQ&196& 


1402 


Mabob,  1818. 


Rule$  of  the  Bamt^LaaM.  vn  Mi$nmppu 


B.opR« 


to  perfect  titles  west  ef  the  JBUk  f  i^er  line,  opon 
all  umatislled  elaiois  whieh  exist  against  North 
Carolina,  and  which  are  good  and  valid. 

Mr.  PoufOBXTEB,  from  the  ComioiUee  on  Pri- 
vate Liaiid  Clai IDS,  reported  a  bill  for  the  relief 
of  Gkneral  Moses  Porter^  whieh  was  read  twice 
and  ordered  to  be  engrossed  and  read  a  third 
time  to-morrow. 

Mr.  Tallmadgb  and  Mr.  Mills  were  appoint- 
ed oi  the  Committee  on  Foreign  Relations  in 
the  places  of  Mr.  GkoDwrx,  deceased,  aad  Mr. 
OmtL  who  i»  absent  on  leave. 

The  resolntion  from  the  Senate  '^  directing  tiie 
pnblication  and  distribotion  of  the  jonmar  and 
proceedings  of  the  Convention  which  formed  the 
present  Constitntion  of  the  United  Stales,"  was 
read  the  third  time  and  passed.  asamendeiL 

A  message  from  the  Senate  inlbrmed  the  Hoose 
that  the  Senate  have  passed  bills  of  the  follow* 
iuf  titles^  to  wit :  *^An  act  to  vest,  in  trust,  cer- 
tain sections  of  land  in  the  Legislature  of  the 
State  of  Ohio  ;^  and  '*An  act  allowing  addition* 
al  salarj  and  clerk  hire  to  the  surveyor  for  the 
Illinois  and  Missouri  Territories,  and  for  other 
parpoees;"  in.  which  they  ask  the  concurrence 
of  this  House. 

The  said  InUs  were  respectively  read  twice  and 
referred  to  the  Committee  on  the  Public  Leads. 

The  bill  anthorixiM  the  election  of  a  delegate 
from  the  Michigan  Territory  to  the  Congress  of 
the  United  States,  and  extending  the  right  of 
saffrage  to  the  citizens  of  said  Territory,  was 
lead  t#ice,  and  ordered  to  be  engrossed  and  read 
a  third  time  to-morrow. 

On  motion  of  Mr.  Fobsttb,  the  Committee 
on  the  Jediciary  was  instructed  to  inquire  into 
the  expediencv  of  altering  so  much  of  the  laws 
now  in  force  for  regulating  the  Territorial  ffov- 
emments  of  the  Uelted  States,  as  requires  a  free- 
hold propMerty  in  the  Territories  respectively  as  a 
qualification  for  office. 

The  bill  for  the  relief  of  Abraham  Byington, 
and  the  bill  for  the  relief  of  Parley  Keves  and 
Jbsob  Fairbanksjseverally  passed  through  Com- 
fliitleo  of  the  Whole,  and  were  ordered  to  be 
eaffroseed  lor  a  third  reading. 

The  Hoose  then  went  into  Committee  oo  the 
Wl  to  suspend  the  act  of  limitations,  so  far  as 
regards  certain  loan  office  and  final  settlement 
aartiftcates;  which,  having  received  sundry 
amendmenu,  was  reported  to  the  House,  the 
amendments  concurred  in,  and  the  bill  ordered 
to  be  engrossed  for  a  third  reading. 

The  DPBaKxm  laid  before  the  Hoaae,  a  letter 
from  iha  Secretary  of  the  Navy,  traasmittma  hia 
report  on  the  petition  of  John  KUlgorej  which 
waa  read  and  ordered  to  lie  on  the  table. 

RULES  OF  THB  HOUSE. 

The  House  then,  on  motion  of  Mr.  Tatlok, 
proceeded  to  consider  the  amendment  to  the  rules 
aad  orders  of  the  Hoose,  submitted  by  him  on  the 
10th  insunt. 

Mr.  Tatlou  explained  the*  advantages  which 
be  conceived  would  result  to  the  busiaesc  of  le- 
gislation by  the  adeftion  of  this  role  $  the  parti* 


culars  in  which  it  differed  from  a  similar  piopor 
sition  ofiered  at  a  former  session  by  Mr.  Hopkixi- 
SON,  its  exemption  from  the  objectionable  features 
of  the  former  proposition,  dsc. 

Mn  HoPKiNsoN  supported  the  proposition,  and 
brieflv  recapitulated  the  unnecessary  repetition 
of  labor  of  committees,  dbc.  which  it  would  pT#- 
vent,  the  expedition  which  it  would  produce  in 
acting  on  the  public  business,  &c. 

The  proposition  was  then  agreed  to,  without  a 
division,  as  follows : 

**  After  six  days  lh>in  die  commencement  of  a  sec- 
ond or  a  subsequent  session  of  any  Congress,  all  bills, 
reaolntionfl,  and  reports,  which  originated  in  die  House, 
and  at  the  closa  of  the  next  preceding  sessioa  remain- 
ed undetermined,  shall  be  resomed  and  acted  on  in 
the  same  manner  as  if  an  adjournment  had  not  taken 
pUce.'^ 

JAIL  IN  ALEXANDRIA. 

The  bill  making  an  appropriation  for  the  erec* 
tion  of  a  jail^  and  authorizing  the  Levv  Court  to 
erect,  at  their  own  expense,  a  court-house,  ^. 
in  the  county  of  Alexandria,  passed  through  a 
Committee  of  the  Whole,  and  was  reported  with* 
out  amendment. 

On  the  question  of  ordering  the  said  bill  to  be 
engrossed,  some  debate  arose,  in  which  Messrs. 
HfiBBUiT,  FoRaTTH,  CoBB,  cod  PiNDALL,  advo- 
cated the  appropriation^  and  Messrs.  Bbbchbr, 
SoDTBARD,  and  LivBBMORB,  oppooed  it,  on  diier- 
ent  grcmnds. 

Mr.  Lmn  BMved  to  strike  out  the  first  section, 
(making  the  appropriation  for  the  jail,)  which 
was  agreed  to ;  and  the  remaining  sections,  after 
some  discussion,  were,  with  the  addition  of  an 
enacting  clanse,  ordered  to  be  engrossed  for  a 
third  riding. 

THE  LAWS  IN  MISSISSIPPL 

The  Hoase  went  next  into  Committee  on  the 
bill  providing  for  the  due  execution  of  the  laws 
of  the  United  States  in  the  State  of  Mississippi. 

Some  conversation  took  pla^e  on  the  amount 
of  comnensation  proper  to  be  allowed  to  the  dis- 
trict judge  to  be  created  in  the  State. 

Mr.  PoiiioBrrBR  moved  and  ad vooated  thesum 
of  two  thousand  dollars,  ia  which  he  was  aup* 
ported  by  Mr.  Clat,  a  liberal  allowance  being 
contended  for  on  the  ground  of  the  peculiar  and 
burdensome  duties  to  be  performed,  and  the  sacr^ 
fines  to  be  made  by  the  district  judge,  thei^  aetii 
ing  also  as  circuit  ludge* 

The  motion  to  fill  the  blank  with  two  thousand 
doUars  waecarried-*67  to  55. 

Mr.  PoiMUBXTBR  then  moved  a  salary  of  five 
hundred  dollars  to  the  United  States  attorney,  in 
the  new  State,  instead  of  two  hondred  doUars, 
which  had  been  reported  by  the  Judiciary  Com* 
mittee^  which  aaotion  was  disagreed  to  (  also, sue* 
cessive  OMitioBs  to  insert  four  nundred  and  three 
hundred  dollars. 

The  Committee  then  rose,  and  the  House  tak* 
ing  up  the  amendments,  the  sum  of  two  thousand 
deUars,  inserted  as  the  salary  of  the  judge,  was, 
alter  some  discussion,  concurred  in,  64  ta  48 


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U08 


mssaax  <KF<ooxaBM& 


14M 


ILowB. 


NmiNd  JMsfiotat. 


Mamh,  ISld. 


aii4  die  Wll  ordcptd  to  be  Mffoase^  for  a  tfaifd 
re&dittf/ 

NEUTRAL  EBLATI0N8. 

Th«  House  went  into  CommUtee  of  ^i^  Wkole 
•n  die  biU  in  addition  to  <<Aq  act  for  t^  pitaith- 
maat  of  oertaiaerioies  agakuit  the  Uaited  Statas/' 
and  to  repeal  tbe  acu  tbereta  flMOtionied,  (to  en- 
act into  one,  with  ameadments,  the  several  acta. 
Iieieta£6i«  patsed  to  enforce  the  neutral  ohliga- 
tions  of  the  United  States.) 

Mr.  FoasTTH  rose  in  ezplamttion  of  the  vienrs 
of  the  Committee  of  Foreign  Relations  in  pro^ 
posinf  thi^  bUl,  wliich  was  the  rasnlt  of  tM  gl^ 
eral  inquirj  into  the  vjurlovs  eyistk^  ac^  9n  this 
9ul^eat  which  hM  he^n  refitted  «q  thfioi^  and 
which  it  waa  prasnmed  answered  the  intentioas 
of  the  House  in  directing  the  inquirv.  Mr.  F. 
briefly  recapitulated  the  history  of  the  several 
laws  passed  on  this  subject,  from  the  act  of  1794, 
readeral  necessary  bf  the  French  jrevoiutian, 
and  the  want  of  sufficient  power  in  the  JSIzeouo 
tive  to  enfaree  on  our  own  dliBens  the  ebserF- 
anea  of  neutrality,  down  to  the  act  of  the  last 
session ;  and  condnded  by  eiplaining  the  amend- 
ment which  the  committee  nad  deemed  aeces- 
•ary  to  the  strict  in^partiality  of  the  provisions 
of  the  gcDeral  bill  they  bad  reported. 

Mc  KoBKBTioHy  of  Louisiftna^.  after  iohmitr 
tmg  his  reasons  for  disputing  the  propriety  of 
flOflM  of  the  former  acts;  for  believing  that  the 
provisions  of  the  present  bill  exceeded  the  oUi* 
gatioBs  imposed  on  us  by  a  jast  regard  to  neutral 
dutiei^  and  went  further  than  the  neutral  acts  of 
any  other  nation^mored,  first,  to  strike  out  the 
feliowing  proviso: 

"Thalif  snj  person  so  enlisUd,  shall,  whUa  thirty 
days  after  such  enlistment,  volontarily  discover  upon 
oaih  to  some  jnstioe  of  the  peace,  or  odier  civil  magis- 
trate, the  person  or  persons  by  whom  he  was  so  en- 
listed, so  as  that  he  or  they  mi^  be  apprehended  or 
CQBvictdd  of  the  aaid  offimce,  such  person  so  discov- 
ering the  ofiender  or  oi&nden,  shall  be  indemiiified 
from  the  pMialty  prescribed  hj  this  act." 

This  motiaa  was  agreed  to  without  a  division. 

Mr.  Clat  afiertd  some  general  remarks  on  the 
cfiensiive  natvre  of  the  bill,  which,  he  said,  in- 
staad  of  an  act  to  enfMrce  aeotrality,  ought  to  be 
astitled,  an  act  for  the  benefit  of  His  Majesty 
theKiaJiof  Spain.  He  also  expressed  his  un- 
wiUiagaAss  thus  to  be  citlled  on  to  reosnaet  laws 
already  la  forecL  of  which  he  did  not  wish  to 
have  now  the  labor  of  investigaUvig  their  prinei- 
fkS}  or  the  responsi^itity,  if  wroiig,  of  renova- 
ting and  participating  in  them,  •miffieient,  ha 
thotight,  for  the  day,  was  the  evil  thereof;  and 
ha  was  soivy  the  committee  had  not  contettted 
imlf  widi  bringing  forward  some  original  prop- 
eettion,  without  hunting  oat  and  bringing  up  for 
ra*enaction  aU  the  oldlawe  heret^ore  paissed  on 
the  subject  There  was  a  great  difference  be* 
tween  suffering  acts  to  remain  unrepealed,  and 
^uogiag  them  up  for  re-enactment,  and  he  gave 
BOtica  »at..  after  this  bill  should  be  ntade  as  per- 
focl  as  ito  friends  could  make  it,  he  should  sub* 
mit  a  single  propotitioii  to  leave  the  act  of  1794 


in  force,  and  to  repeal  the  aots  of  1797  and  of 
1817.  Mr.  C<  concluded  by  moving  to  strike  out 
of  the  seeood  section  the  words  which  make  it 
penal  for  a  person  to  <*  go  beyond  the  Ikntte  or 
jurisdiction  of  the  United  States,  with  intent  to 
be  enlisted  or  antered,"  in  the  service  of  any  for- 
eign Prince  or  State. 

Mr.  FoBSYTH  opposed  the  motion,  and  ob- 
served, that  after  the  great  labor  wiMeh  the  com- 
mittee had  undertaken  on  this  subject,  at  tha 
instanea  of  the  Speaker,  (Mr.  Glat,)  they  had 
some  reason  to  comphun  of  his  remarks  on  tha 
coarse  thay  had  taken.  A  general  inquiry  into 
the  suh^eot  and  revision  of  the  acts  had  been  re- 
ferred to  them,  and  the  committee  had  found  it 
easfer  and  better  to  amend  and  bring  into  one 
general  bill  all  the  acts,  thnn  to  adopt  any  ot^ber 
coarse.  Mr.  F.  said  thai,  so  for  from  operating 
unfairly  against  the  cause  of  the  patriots,  thia 
bill  removed  certain  provisions  of  the  act  of 
1797,  which  bore  ezelasiveljr  on  that  cause,  de- 
nonnoing  the  severest  penalties  against  those  of 
our  citizens  who  aid  them,  which  this  bill  would 
render  equal  and  impartial.  Mr.  F.  adducei 
semeargtuaenu  to  show  the  propriety  of  retain- 
ing the  provision  moved  to  be  stricken  oat ;  but, 
after  some  oenversatioa  between  Mr.  Cult  and 
Mr«  FoaaTTH,  the  question  was  tafasn,  and  Mr. 
Clay^  motion  agreed  to  withoat  a  count. 

Mr.  BoBSBTsoir,  of  Louisiana,  objected  to  the 
penalties  proposed  by  the  bill,  as  unreasonablf 
severe,  aad,  instead  of  a  fine  of  ^10,000,  and  ten 
vears  imprisonment  which  the  judge  nught.  at 
his  discretion,  impose  on  the  ofiender-^moveti  to 
sahstimte  93,000  and  three  years. 

This  motion  was  opposed  by  Messrs.  FoR- 
8TTH,  Smith  of  Maryland,  LivfiRMoas,  and 
Rhua,  and  supported  by  Messrs.  Robbutbon  of 
Louisiana,  Claiboehb,  and  Ball. 

Tike  question  being  divided,  the  motion  lo  re- 
duce the  fine  was  neffatived--*yes  40 ;  and  l4ia 
motion  to  rednce  the  Umit  of  imprisonment  was 
carried— Ot  to  60. 

Mr.  HoLMBs,  of  Massachusetts,  movied  to 
amead  «he  section  se  as  to  leave  it  to  the  discre- 
tion of  the  judge  to  infiict  hoth  fine  and  impris- 
onment, or  one  only,  instead  of  beiqg  obliged,  as 
the  hiil  stood,  to  impose  both,  if  etti9r.r»fiic^ga- 
lived— «yes  55w 

Mr.  Hbabiok  moved  to  reduce  the  fine  to 
16^000)  which  was  also  ftsi^tivad. 

AfWr  some  other  ansutfcessful  motions  -of 
minor  importance— 

Mr.  FoBBTTfi  moved  to  sti^ne  fran  the  third 
seation  the  prevision  which  malres  it  penal  for 
any  citizen  to  fit  out  jor  arm,  whbaat  the  juris- 
diction of  tha  United  States,  amy  ship  or  vessel 
with  intent  to  commit  hostilities  upon  the  citi- 
zens or  subjects  of  a  friendly  State-Cleaving  in 
this  section  onlir  the  provision  agsiost  such  citi- 
zens of  the  United  States  as  shaJii  bevond  our 
jurisdiction,  fit  out  vessels  to  oommit  hostilitiea 
against  the  citizens  of  the  United  Stales. 

This  motion  produced  a  good  dsal  of  debnte, 
principally  on  the  expediency  of  striking  out  the 
wh^le  aectia%  and  on  the  impropriety  of  still 


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UM 


SKMKKRI  OF  C0|feRBS9. 


%m 


Uabcu,  1818* 


Neutral  Bdationa. 


H.orH« 


rttainiog  a  feature  la  the  bill  wliich  wpald  admix 
tbf  poMiDiUty  of  a  crime  so  monstrous  aod  im- 
probable as  uat  of  citizens  going  abroad  to  com- 
mence war  upon  the  citizens  and  commerce  of 
ibelr  own  country,  and  which,  e?en  if  commit- 
ted, would  be  punishable  either  as  treason  or 
piracy. 

Messrs.  Clay,  RoBBRTaox,  FoasTTH,  Smith 
of  Idaryland,  and  Pitkih,  joined  in  the  discus- 
sion; but,  before  any  question  was  taken,  the 
Commiuee  rose,  and  the  House  adjourned* 


WK0if£8DA.T,  March  18. 

Mf.  Haraisoh  presented  a  petition  of  Nathan- 
^  Champe,  on  bej^alf  of  himself,  and  the  widow 
and  «iher  chiidcen  of  John  Champe,  deceased, 
eergenj^t  oMJor  of  Lieutenant  Colonel  Henry 
Lee'asqM^fonof  drafeons,in  the  Rerolntionary 
aiiay,  praying  that  stome  nrorision  n»y  be  nude 
£m  the  support  of  his  moiaer.  aad  that  a  grant  of 
Uii4  inay  oe  made  to  himseliand  her  other  chil- 
dren, ui  consideratioii  of  the  secret,  but  eminent 
att4  highly  important  serncee,  cendered  by  their 
father,  under  the  ordccs  aad  duections  of  the  laAe 
General  Washington. — Referred  to  the  Commit- 
tee ou  Pensieas  and  fieToIutionary  Claims. 

Mr.  H.  NsfcaoN,  from  the  Committee  on  the 
Judiciary,  to  which  was  referred  the  resolntion 
froaa  the  Seaate  "  directing  the  distribuiion  of 
the  laws  of  the  fourteenth  CoogrBss  among  the 
members  of  the  fifteenth  Congress,"  reported  the 
same  with  an  amendment,  which  was  read  and 
coaeuried  in,  and  the  amendment  ordered  to  be 
eagrossed,  and  the  readbtion  read  a  third  time 
to-moriow* 

Mr.  WiixiAtf  8,  of  North  Carolina,  reported  a 
biii  for  the  relief  of  Samuel  F.  Hooker  i  which 
was  read  twice,  and  committed. 

Mr.  H£aaaB3r,  from  the  District  Conunittee, 
reported  a  bill  to  tncorpcurate  the  Medical  Soci^ 
ety  of  the  District  of  Columbia;  which  was  read 
twice^aod  comnutted. 

The  ei^ossed  bills  fof  the  relief  of  General 
Moses  Porter ;  authorizing  the  election  of  a  Del-' 
egate  from  the  Michigan  Territory  to  the  Con- 
gsess  of  the  United  8taie%  nnd.extending  the  right 
of  suffrage  therein ;  for  the  relief  of  Abraham 
Byingion ;  for  j^oviding  for  the  erection  of  a  jail 
aim  eourt-hoose  to  the  eovtnty  of  Alexandria,  in 
the  District  of  Columbia;  for  proriding  for  the 
exeaaiionof  the  laws  of  the  Unued  Sutes  within 
th^  State  of  Mississippi;  and  for  authorizing  the 
payment  of  certain  oertificates  ^«*were  sevmlly 
read  a  third  tiioe,  aad  paasnd. 

Tiie  bill  (or  the  relief  of  Purlev  Keyea  and 
Jason  Fairbanks  was  read  a  third  time ;  but. 


beiugjopposed  hr  Mr.  Oudbn  aod  by  Mr.  Sbbn 
ca%  was  ngeeied. 

Mr.  PmPALL  moved  that  the  Conamittee  of  the 
Whole  he  discharged  from  tke  farther  consider* 
atioo  of  the  bill  '*in  addition*  to  the  *  act  for  the 
poaislboaeat  of  certain  crimes  against  the  Uniud 
States,'  aad  to  repeal  t^eaots  therein  mentioned,'^ 
and  that  the  same  be  indefinitely  postponed. 

Oa  thia  motion  some  dehftte  took  place^Mr.  P. 


^roundin^  it  on  the  idea  that  it  was  certain  noth- 
ing practical  could  result  from  the  further  dis- 
cussion of  the  subject,  dbc.,  and  that  there  was 
much  business  of  practical  importance  before  th^ 
House. 

The  motion  was  opposed,  but  succeeded,  by  a 
▼oteof  72  to62. 

CASE  OF  MR.  HERBICK,  AND  OTHERS. 

The  House  then  resolved  itself  into  a  Commit* 
tee  of  the  Whole  on  the  report  of  the  Committee 
of  Blections  on  the  casesof  Mr.  Herriek,  Mr. fiarle, 
and  Mr.  Mumford,  members  of  this  Hense. 

Mr.  Adams  opposed  this  report,  in  a  speech  c^f 
moderate  length  $  when 

Mr.  Clat,  without  eniering  info  the  snb|eet 
before  the  House,  mored  that  the  Committee 
rise,  wkh  a  view  to  give  an  opportunity  for  some 
ffentleman  to  move  a  reconsideration  ef  the  vote 
tor  indefinite  postponement  of  the  bill  la«t  men- 
tioned, that  be  might  have  an  opport^mity  to 
move  a  specific  proposition  for  amending  that 
bill,  which  he  had  yesterday  pledged  himself  to 
move,  Ac. 

After  debate,  this  motion  succeeded ;  and  the 
House  having  ngreed  to  reconsider  the  vote  of 
postponement,  again  resolved  itself  into  a  Com* 
mittee,  on  the  bill  above  mentioned. 

THE  NEUTRALITY  BaL. 

A  motion  (made  yesterday)  to  amend  the 
fourth  section  of  the  bill,  was  now  agreed  to-** 
the  efieet  of  which  was  to  confine  the  provisions 
of  that  section  to  the  punishment  of  any  citiaeot 
of  the  United  States  who  should  fit  out  vesseb 
to  crnise  a^inst  the  cooimerce  of  the  United 
States,  leaving  out  what  reiated  to  the  commeioe 
of  foreign  nations. 

Mr.  CutY  rose  to  propose  an  amendment  he 
bad  before  indicated.  Amended  as  it  had  been, 
Mr.  C.  said  he  had  no  objection  to  reuining  the 
fourth  section ;  but  moved  to  strike  out  ail  the 
remainder  of  the  bill,  except  so  much  as  retains 
the  provisions  of  the  act  of  1794^  and  repeals  the 
aeu  of  1797  and  1817-^the  simple  effect  of  which 
amendment  would  be  to  repeal  the  act  of  1797 
and  that  of  1817.  In  the  propriety  of  repealing 
the  act  of  1797  he  understood  the  ohnirmaa  m, 
the  Comminee  of  Foreign  Relations  to  eoncar» 
Of  course,  then,  it  woukl  only  be  aeeessary  !• 
show  that  the  aet  of  the  last  session  ought  to  be 
repealed;  and  that  it  goes  beyoad  anv  neutral 
dtfty  we  can  owe.  In  the  threshold  ot  this  din* 
cussion,  Mr*  C.  said,  he  confessed  he  did  not  like 
much  the  origin  of  that  act.  There  had  beea 
some  disclosures,  not  in  an  oflSoial  formi  hat  ia 
such  a  shape  as  to  entitle  them  to  eiedence,  tiiat 
showed  that  act  to  have  been  the  restilt  of  a 
taostng  on  the  pact  of  foreign  agents  in  thii  oeuor 
trv,  which  he  regretted  to  have  seen*  But,  from 
whatever  eouiee  U  sprai^if  it  wa^  an  aet  neoea* 
sary  to  preserve  the  neutral  relations  ef  thn  oeant 
uy,  Mr*  C.  said  it  ought  to  be  retained.  Bat 
this  he  denied.  The  act  was  predicated  oa  the 
ground  that  the  existing  provisions  did  notreneli 
the  case  of  the  war  now  raging  between  Spain 
and  the  SoutJi  Amerieaa  provinfes.    In  its  pro* 


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HISTORY  OF  OOWfBSBS. 


UM 


H.OPR. 


Neutral  Relations. 


BiAR0V,l8lS. 


TuioDs  it  went  beyond  the  obligations  of  the  Uni- 
ted States  to  other  Powers^  and  that  part  of  it 
was  unprecedented  in  any  nation,  which  com- 
pelled citizens  of  the  United  States  to  give  bonds 
not  to  commit  acts  without  the  jurisdiction  of 
the  United  States,  which  it  is  the  business  of 
foreign  nations,  and  not  of  this  Qorernment,  to 
guard  against.  Does  the  act  of  17M,  said  Mr. 
C.,  embrace  the  case  of  the  Spanish  patriots  ? 
That  was  the  question,  and  it  was  not  worth 
while  to  disguise  it.  If  St.  Domingo  was  not  in- 
cluded, as  had  been  said,  in  the  aet  of  1794,  it 
wookl  aot  follow  that  that  act  did  not  embrace 
the  case  of  the  Spanish  patriots.  What  was  the 
condition  of  St.  Domingo  ?  Had  the  Ezecutive 
of  the  United  States  eyer  acknowledged,  in  re- 
gard to  that  war,  that  it  was  a  civil  war,  respect- 
ine  which  the  United  States  stood  in  a  neutral 
relation?  No  such  acknowledgment,  he  said, 
had  ever  been  made,  in  respect  to  the  war  in 
that  islandj  as  had  been  expressly  made  by  the 
Executive  m  regard  to  the  war  in  South  Ameri- 
ca, that  it  was  a  civil  war.  And,  when  the  courts 
ciime  to  apply  the  law  to  cases  before  them,  hav- 
ing the  decision  of  the  Executive  to  guide  them, 
they  must  decide  that  the  law  of  1794  is  applica- 
ble to  both  parties.  The  act  of  1817,  consequent- 
ly, was  wholly  unnecessary  to  the  object  for 
which  it  was  avowedly  enacted,  and  was  one  of 
sBperfluoQs  legislation.  Mr.  C.  said  he  reooMected 
with  pleasure  that  he  gave  his  negative  to  it ;  that 
every  member  from  the  State  of  which  he  was  a 
Representative  did  the  same.  He  recollected 
that  sixty-three  members  of  that  part  of  this 
House,  with  whom  it  had  been,  and  would  al- 
ways be,  his  pride  and  pleasure  to  act,  had  re- 
corded their  votes  against  it.  The  voice  of  th« 
country  had  since  pronounced  its  doom,  and  left 
for  Congress  nothing  to  do  but  to  repeal  the  act. 
Disguise  it  as  ^oo  will,  said  he,  the  worid  has 
seen  the  act  in  its  true  character  \  has  regarded 
it  as  a  measure  calculated  to  affect  the  struggle 
going  OQ  in  the  South,  and  discovered  that,  how- 
ever neutral  in  its  language,  iu  bearing  was  al- 
toeether  agaiaet  the  cauae  of  the  patriots.  How, 
asked  he.  is  that  war  now  carried  on  ?  But  for 
ibe  supplies  drawn  from  this  country  through 
Havana  for  sustaining  the  army  of  Morillo,  this 
modern  Ahra,  whoee  career  is  characterised  by 
all  the  enormities  which  have  consigned  to  per- 

Ktual  infamy  the  name  of  hie  great  prototype ; 
It  for  thesuppliesdrawn through  Havana,  whose 
part  is  open  to  us  only  for  the  sake  of  those  sap- 
iliet,  General  Morillo  could  aot  have  supported 
■is  arnay.  This  fact  he  had  from  the  highest 
aothority,  from  the  commander  of  one  of  our  na- 
tional vessels  who  had  been  on  a  cruise  in  that 
qaarter  and  had  received  it  from  the  lips  of  Mo- 
rillo himself.  It  becomes  us,  Mr.  G.  said,  really 
and  bona  fide  to  perform  our  neutral  obligations. 
Ha  bad  seen  and  heard  of  cireumstanees  respect- 
teg  this  sabiect,  humiliating  in  the  extreme.  He 
had  been  told,  for  instance,  that  in  the  case  lately 
argoed  in  the  Supreme  Court  of  the  United 
Sutes,  of  some  ei  those  individuals  tried  ia  the 
court  of  the  United  States  at  Bosion,  aot  only 


was  the  Attorney  General  ready  at  his  post^  as 
he  should  be,  to  attend  to  it,  but  the  attorney  for 
the  Massachusetts  district  was  there  to  argue  it 
also ;  and,  not  satisfied  with  this,  a  foreign  agent 
was  seen  attending  the  court,  to  see  proMbly 
that  nothing  was  omitted,  and  not  even  a  poor 
Amicus  Curiae  was  there  to  speak  for  the  ac« 
cused.  Such  was  the  state  of  the  case  that  the 
humanity  of  the  Attorney  General  had  inter- 
posed, and  induced  that  highly  meritorious  officer 
to  make  some  sugsestions  favorable  to  those  in* 
dividuals.  Was  there  a  man  in  this  country, 
Mr.  C.  asked,  who  did  not  feel  his  conscience 
reproach  him  for  that  transaction  7 

The  act  of  1797  being  given  upoaall  hands, 
and  the  act  of  1817  being,  as  he  thought  he  ka4 
shown,  unnecessary,  he  loped  his  motion  wouM 

grevail.  If,  however,  contrary  to  Jiis  belief  tho 
louse  should  decide  that  the  act  of  1794  did  aot 
cover  the  case  of  the  existing  civil  war,  and  the 
act  of  1817  should  be  thought  necessary  to  briag 
it  within  the  provisions  or  the  aet  of  1794,  Mn 
C.  said  he  should,  in  that  event,  submit  another 
proposition  to  amend  the  bill,  predicated  on  the 
idea  that  some  provision  was  necessary  in  addi- 
tion to  the  act  or  1794. 

The  motion  of  Mr.  Clat  to  amend  the  bill 
having  been  suted  from  the  Chatr^^ 

Mr.  FoaarrH  said  he  was  opposed  to  the  mo- 
tion, and  could  not  but  suppose  the  honorable 
Speaker  himself  was  donbmil  of  its  success,  as 
he  had  drawn  before  the  House  a  variety  of  con- 
siderations which  had  no  bearing  on  the  ques- 
tion. Mr.  F.  denied,  ia  the  first  place,  that  pub- 
lic sentiment  had  coadenned  the  act  of  1817.  It 
was  true,  indeed,  that  certain  exclusive  friends  of 
liberty,  at  the  head  of  presses  in  the  United 
States,  had  condemned  this  act ;  but,  so  far  as  we 
have  any  expression  of  opinioQ  from  the  great 
body  of  the  people  of  the  United  Slates,  from  the 
thinking  part  of  the  community,  the  act  had  been 
approved.  But  the  Speaker  had  informed  the 
Committee  that  sixty-three  members  of  the 
House  had  opposed  thac  act^  and  that  all  the 
members  from  a  certain  secuon  of  the  country 
were  in  favor  of  it.  This  was  another  point,  Mr. 
F.  said,  on  which  he  differed  irom  the  honorable 
Speaker.  The  act  of  1817,  as  it  stands,  came 
into  thb  House  on  the  3d  of  March,  1817,  and 
was  passed  by  a  large  ma^rity^  the  v«as  aad 
nays  not  having  been  re^mred  on  it.  How  ti^ 
Speaker  then  had  ascertained  the  politieal  cooa- 
plexion  of  those  who  voted  for  the  bill,  Mr.  F. 
knew  not  ^  as  far  as  he  recoUeeied,  a  very  saaati 
minority  had  voted  agaiaat  it.  That  part  of  the 
bill  which  had  been  objiected  to  in  this  Houee, 
had  been  stricken  out  ia  the  Senate,  aad  the  bill, 
so  amended,  and  as  it  bow  sunds,  was  acaceelj 
opposed  on  its  final  passage.  There  was,  there- 
fore, no  decided  poliucal  seatiment  espMssed  on 
the  passage  of  the  biU.  But,  to  excite  preriBdic« 
against  the  act  of  1817|  another  ground  had  been 
taken,  and  a  suggestion  made,  which,  if  troci  waa 
a  reflection,  not  on  the  House,  but  on  the  gentle- 
man whose  eulogy  the  Speaker  some  days  ago 
pronounced.    The  origin  ef  thia  act  had  heeu 


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1410 


BiABCBi  1818. 


Neutral  Relations. 


H.  OF  E^ 


imputed  to  the  Uasi$ig  of  certain  foreiga  agents 
near  the  United  States.  That  the  Message  of 
President  Bladison,  recommending  that  act,  was 
in  consequence  of  the  representations  of  foreign 
Ministers,  Mr.  F.  said  he  was  ready  to  admit — 
not  of  reiterated  Importanities,  bat  of  a  perform* 
anoe  of  their  duty  to  their  Giovernments  by  re- 
monstrating  against  violations,  by  citizens  of  the 
United  Sutes,  of  obligations  wtiich  we  owe  not 
to  any  one  nation,  but  eqiudly  to  alh  A  remon- 
strance had  been  made  by  the  Portuguese  Minis- 
ter, a  garbled  representauon  of  which  had  been 
published  ;  a  similar  statement  of  facts  had  been 
made  by  the  Minister  of  Great  Britain,  another 
by  the  Minister  of  France.  All  the  foreign  Min- 
isters iiere  had,  in  short,  represented  that  citizens 
of  the  United  States,  engaged  in  cruises  in  pa- 
triot vessels,  as  they  were  called,  fitted  from  our 
ports,  conmitted  depredations  on  the  commerce 
of  England,  France,  and  Spain.  What,  Mr.  F. 
asked,  had  been  the  duty  of  the  President  of  the 
United  States  if  these  facts  were  true  ?  Were 
not  the  United  States  bound  to  make  reparation, 
if,  witbont  an  effort  to  prevent  it,  we  sufferea 
depredations  to  be  made,  by  our  citizens  and  from 
our  ports,  on  the  commerce  of  nations  in  amity 
with  us?  The  Government,  he  said,  had  here- 
tofore recoc^ised  this  principle,  and  had  remu- 
nerated foiei^  citizens  for  property  taken  from 
them  by  citizens  of  the  United  States.  The 
President,  then,  had  barely  performed  an  impe- 
rious duty  in  representing  to  Congress  the  insuf- 
ficiency of  the  laws,  dtc. 

But,  Mr.  F.  said,  he  woald  never  do  the  late 
President  the  injustice  to  state  his  views,  when  he 
had  it  in  his  power  to  quote  his  own  language 
conreyixur  them.  [Mr.  F.  then  referred  to  the 
President's  Message,  of  last  session,  on  which  the 
neutrality  act  of  March  3d,  1817,  was  founded.] 
He  appealed  to  every  other  member  of  the  House 
whether,  in  this  recommendation,  there  was  any- 
thing censurable ;  anything  that  the  most  fastidious 
couM  mark  for  reprobation.  The  act  of  1817  was 
precisely  correspondent  with  the  Message,  and, 
almost  in  so  many  words,  an  answer  to  it.  It 
corrected  the  defects  of  tlie  existing  laws,  and 
enabled  the  President  of  the  United  fiUates,  where 
there  was  strong  ground  to  presume  that  a  crui- 
sei  was  about  to  riolate  the  neutral  relations  of 
the  United  Slates,  to  arrest  his  departure  until  he 
siiottld  give  bond  not  to  violate  the  laws  of  his 
country.  But  this,  the  House  had  been  told,  wajS 
a  most  extraordinary  provision,  and  unprece- 
dented in  the  annals  of  civilized  legislation.  It 
was  not  necessary,  Mr.  F.  said,  for  him  to  tell 
the  House  that,  whenever  a  citizen  of  the  United 
States  or  of  any  State  is  accused,  on  public 
ground,  of  intending  to  oommit  an  ofiQ^nce  against 
the  authority  of  the  laws,  it  is  the  duty  of  a  magis- 
trate to  require  him  not  only  to  give  security 
not  to  commit  a  particular  act,  but  to  bind  him 
over,  in  ample  security,  that  he  will  not  violate 
aav  of  the  laws.  But  it  was  objected,  particu- 
larly, that  it  was  required  of  a  citizen  to  give 
bond  to  refrain,  when  beyond  the  jurisdiction  of 
the  United  States,  from  certain  acts.  And  was 
15th  Con.  Ist  Ssss. 


it  not  right  to  do  so,  when  the  United  States  were 
responsible  for  his  conduct  when  beyond  their 
jurisdiction  ?  That  was  a  question  which  had  bug 
been  settled.  And  was  there  any  hardship,  Mr. 
F.  asked,  in  requiring  bond  from  a  citizen  that 
he  will  refrain  on  the  high  seas  from  acts  affect- 
ing the  character  of  the  country,  and  involving 
it  in  disputes  with  foreign  Powers  t  And  yet 
there  was  nothing  else  in  that  act  which  even  in 
the  eyes  of  the  honorable  Speaker  was  reprehen- 
sible. But  thisprovision  had  been  said  to  be  ui^ 
precedented.  Why,  Mr.  F.  said,  our  statute  book 
IS  full  of  similar  provisions.  Every  restrictive 
law  of  the  United  States;  every  law  forbidding 
commercial  intercourse,  or  regnlatin|(  it  with  for- 
eign nations,  contains  similar  provisions.  The 
laws  prohibiting  the  slave  trade  contain  similar 
provisions.  If  a  person  swear  that  he  suspects 
another  of  intention  to  violate  the  laws  against 
the  slave  trad^  the  person  so  suspected  is  re- 
quired by  the  collector  to  give  bond  and  security 
that  he  will  not  violate  the  law  in  this  respect* 
And  where^,  Mr.  F.  asked,  was  the  impropriety  of 
this  provision  ?  But  there  was  a  still  stronger 
case:  That  of  the  act  prohibiting  intercourse 
with  St.  Domingo  was  perfectly  parallel  to  the 
present;  for.  although  the  color  of  those  who 
were  there  fighting  for  their  liberty  might  make 
a  difference  in  the  policy  of  the  Government,  it 
could  make  none  in  the  principles  on  which  that 
policy  was  founded.  It  was  well  known,  that,  at 
the  date  of  that  act,  a  contest  existed  between  the 
European  cobnists  and  the  colored  population  of 
St.  domioffo;  the  latter  claiming  a  recognitbn 
of  their  liberty,  the  former  claiming  to  reduce 
them  to  obedience.  Did  the  United  States  per- 
mit the  vessels  of  that  Government,  or  pretended 
Government,  to  come  here  for  military  supplies  t 
Did  it  permit  the  agent  from  St.  Domingo  to  re- 
side here,  to  grant  commissions  to  privateers,  to 
make  representations  to  the  Government,  omci* 
ally  or  unofficially^  and  to  make  appeals  from  the 
acts  of  the  Executive  to  the  Congress  or  the  peo- 
ple ?  No,  Mr.  F.  said,  the  Government  of  France 
asked  from  the  justice  of  this  country,  to  pass 
laws  prohibiting  any  commercial  intercourse  with 
the  citizens  of  St.  Domingo,  and  an  act  was 
passed,  ibr  two  years,  and  afterwards  continued  in 
force  tof  two  years  longer,  one  of  the  provisions 
of  which  was  similar^to  that  one  of  the  aqt  of  'XT, 
which  was  so  much  reprobated  by  the  Speaker. 

Mr.  F.  concluded  by  remarking,  that  he  thought 
he  had  said  enough  to  satisfy  the  Committee  that 
there  was  nothing  in  the  origin  of  the  act  of  1817, 
or  in  any  of  its  provisions,  which  required  its  re- 
peal; but  that  it  ought  to  remain  on  the  statute 
book;  amended  as  now  proposed  in  the  bill  before 
the  House. 

Mr.  RoBEfiTsoN,  of  Louisiana,  said  he  had  vo- 
ted against  the  act  of  1817,  and  was  now  in  favor 
of  its  repeal.  Before  coming  to  that  questbn, 
however,  he  would  remark  that,  when  ottr  situa- 
tion was  more  critical,  and  when,  in  point  of  re- 
sources, we  were  infinitely  weaker  i  when,  in  179i, 
our  citizens  were  engaged  in  behalf  of  the  repub- 
licans of  France,  with  a  zeal  infinitely  more  dan* 


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U12 


H.  OP  R. 


Neutral  RekOions. 


Maioh,  1818. 


Sirous  to  the  peace  of  the  country  than  anything 
at  has  been  exhibited  in  regard  to  the  patriots 
of  South  America,  the  act  of  1794  had  been 
deemed  sufficient  to  secure  the  observance  of  our 
neutral  relations.  Was  our  situation,  he  asked, 
more  critical  in  1817  than  in  1794  ?  If  not,  ought 
we  to  haTo  been  induced  to  take  stronger  mea- 
sures by  far  than  had  been  applied  to  tne  emer- 
gency  of  1794?  The  administration  of  Wash* 
iHGTON  not  only  deemed  the  act  of  that  day  suf- 
ficient, but  cautiously  limited  its  duration  to  two 
years.  It  had  been  subsequently  renewed  two  or 
three  times,  and  X^ongress  had  always  been  satis- 
fied with  its  prorisions.  In  1817,  howeyer,  a  state 
of  thin^  somewhat  similar  occurs,  but  infinitely 
less  critical,  in  consequence  of  another  effort,  by 
another  people,  to  throw  off  the  yoke  of  a  despotic 
government.  As  the  struggle  of  the  people  of 
France  for  liberty  gave  rbe  to  the  act  of  1794,  so 
that  of  the  people  of  South  America  gave  rise  to 
the  act  of  1817,  which  was  passed  by  Congress 
without  the  knowledge  of  any  exterior  pressure  on 
the  Government,  or  of  the  letter  whicn  had  been 
mentioned,  and  other  representations.  It  now  ap- 
peared, that  the  act  of  1817  was  passed  in  conse- 
i|uence  of  representations  of  foreign  nations,  grow- 
ing out  of  hostile  feelings  to  the  cause  in  which 
the  people  of  South  America  were  engaged. 
This,  said  Mr.  R.  might  be  a  sufficient  ground 
for  the  Ministers  of  Portugal,  of  England,  and  of 
France,  to  proceed  upon— but  shall  we  sympa- 
thize in  their  feelings  on  the  subject,  and  be  in- 
duced by  them  to  pass  acts  to  shacale  our  citizens, 
when  it  is  so  easy  to  trace  their  remonstrances  to 
a  general  hostility  to  the  cause  of  any  people  who 
are  engaged  in  a  struggle  to  ameliorate  their  con- 
dition by  changing  tpeir  form  of  government? 
It  did  not  appear  now  he  said,  that  that  act  had 
be^n  passed  so  much  with  a  view  to  do  what  was 
just  to  ourselves,  as  to  accommodate  the  views  of 
foreign  nations.  That,  Mr.  R.  said,  had  been  his 
objection  to  the  act  when  it  passed ;  and  the  more 
its  causes  and  effects  were  developed,  the  more 
anxious  he  was  to  set  rid  of  it,  and  to  return  to 
the  statutory  provisions  of  1794,  which,  for  a  num- 
ber of  years,  had  been  found  sufficient 

The  cases  stated  by  the  Chairman  of  the 
Committee  of  Foreign  Relations,  (Mr.  For- 
•TTH,)  as  having  induced  the  passage  of  the  act 
of  last  session  were  already  provided  for  by  the 
act  of  1794;  be  referred  to  cases  of  fitting  out 
ressels  in  our  harbors,  and  with  them  cruising 
against  the  commerce  of  foreign  nations,  pro- 
hibited in  that  act,  under  very  neavy  penalties. 
But  the  act  of  1817  went  a  step  further,  and  au- 
thorized the  collector  to  stop  anv  vessel  mani- 
festly built  for  warlike  purposes,  it  it  has  a  cargo 
on  board  which  shows  it  to  have  been  intended 
for  such  purposes,  or  having  a  crew,  or  for  any 
other  cause,  justifying  that  suspicion.  Mr.  R. 
wished  to  know  by  what  authority  the  Qovern- 
ment  undertook  to  say,  that  a  vessel  built  for 
warlike  purposes  should  not  leave  the  ports  and 
harbors  of  tb/  United  States.  What  oreach  of 
neutrality  is  it  to  suffer  such  vessels  to  depart 
our  ports;  and  why  are  we  required,  in  this 


manner,  to  cripple  the  operations  of  the  ship- 
holders  and  shipbuilders?  Mr.  R.  strongly  ob- 
jected to  the  latitude  of  discretion  given  to  col- 
lectors by  the  term  ''or  for  any  other  cause," 
which  subjected  the  vessels  of  our  citizens  to 
vexatious  detentions.  This,  he  said,  was  one 
difference  between  the  act  of  1794  and  that  of 
1817 ;  but  there  was  yet  another.  By  the  act  of 
1817,  not  only  armed  vessels,  but  vessels  mani- 
festly built  tor  war,  though  built  for  sale  only, 
were  forbidden  to  go  from  our  ports  without 
givinff  bond  that  they  were  not  to  be  employed 
in  aiding  or  assisting  any  military  ezpeditioD, 
&c.,  and  so  obviously  unjust  was  this  provision, 
that  the  gentleman  himself  had  found  it  neces- 
sary to  propose  an  amendment  to  narrow  its 
scope.  Mr.  R.  concluded  by  repeating,  that  he 
could  see  nothing  in  our  situation  which  required 
a  stronger  act  than  was  deemed  sufficient  io 
1794,  and  he,  therefore,  hoped  the  acts  of  1797 
and  1817  would  be  repealed. 

Mr.  Lowndes  commenced  his  remarks  by  re- 
deeming the  act  of  1817  from  the  charge  which 
had  been  alleged  against  it,  as  far  as  his  opinion 
went,  by  declaring  that  act  not  to  have  been 
adopted  in  consequence  of  any  foreign  remon- 
strance, but  to  have  been  the  deliberate  expres- 
sion or  the  judgment  of  this  and  of  the  other 
House;  and,  though  he  had  listened  with  the 
greatest  attention  to  the  arguments  of  the  gen- 
tlemen from  Kentucky  and  Louisiana,  they  had 
failed  to  convince  him  that  that  deliberate  ex- 
pression of  the  opinion  of  Congress  at  the  last 
session  ought  now  to  be  reversed.  But,  he  said^ 
there  was  less  difference  on  principle  than  he 
had  expected  to  have  found  between  those  gen- 
tlemen and  those  who  approved  the  act  or  the 
last  session.  The  Speaker  particularly  had  con- 
ceded that  the  acts  were  unlawful  which  that 
law  was  designed  to  prevent ;  and  the  only  dif- 
ference between  us,  said  Mr.  L.,  is  that  for  the 
prevention  of  these  unlawful  acts  we  propose  a 
remedy,  which  they  will  not  accept.  On  the 
question  of  the  criminality  of  enlistment  in  a  w«r 
between  two  Powers  with  whom  we  are  in  am- 
ity, we  perfectly  agree.  The  opinion  of  the 
Efouse  and  of  the  country,  Mr.  L.  said,  must  b^ 
that,  so  long  as  we  profess  neutrality,  we  ought 
to  observe  it ;  that  our  neutral  obligations  should 
be  fairly  and  honestly  fulfilled.  And  it  was  be- 
cause he  thought  it  the  duty  of  Congress  to  pre- 
vent our  citizens,  by  requiring  bond  and  security 
to  that  effect,  from  engaging  in  the  existing  war, 
that  he  was  willing  to  continue  the  act  which 
the  Speaker  proposed  to  repeal.  He  could  not 
think,  he  said,  that  there  was  anything  new  in 
the  act  of  1817 ;  not  merely  because  similar  pro- 
visions might  be  found  in  our  own  municipal 
regulations,  but  because  analogous  provisions 
existed  in  the  laws  of  other  nations.  Mr.  L. 
asked  of  the  honorable  Speaker,  seeing  that  in 
time  of  war  we  reouire  bond  from  privateers, 
before  commissioned,  that  they  will  not  violate 
the  laws  of  nations,  whv  in  ttae  of  peace  he 
would  not  require  bonds  rrom  those  suspected  of 
the  intention  to  violate  them.    Mr.  L.  considered 


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mSTOBT  OJ  OONGIffiSS. 


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UtatoB.  1818. 


Nmtral  BdatumM. 


H.  OF  R. 


it  Aaiipptttfeet  ritw  of  the  snbjeet  to  aupipMe 
fhat  ibe  bood  thus  required  wm  ooly  to  prerent 
injjOff  being  done  to  any  one  Power.  Tboee  who 
we  o«r  vhores  to  assail  the  property  of  one 
Power,  oaf,  when  they  get  to  sea,  employ  their 
arms  agslBst  any  and  erery  nation.  It  was  per* 
feetly  fair,  certainly,  that  those  who  left  our 
shores,  with  the  means  of  mischief  on  board, 
shoold  fire  that  security  against  their  iarolTing 
the  ioieiest^  and  perhaps  the  peace  of  their 
eoontry,  which  bonds,  such  as  are  required  by 
the  law  of  1817,  are  ealctilated  to  afford.    The 

Siptleman  from  Louisiana  appeared  to  think  that 
ere  could  scarody  be  anything  in  the  eat^ 
of  the  vessel  which  ought  to  be  taken  as  an  in* 
dieation  of  a  warlike  poi|KMe.    Now,  Mr.  L. 
laid,  though  he  did  not  think  this  clause  mate- 
rial--notyhowe7er.  that  he  would  repeal  a  law 
because  erery  syllabie  it  contained  was  absolute- 
Ir  neceasary— yet  he  thought  that  from  the  cargo 
the  object  i£  an  expedition  fitted  from  our  ports 
might  be  readily  inferred.    Might  there  not^  he 
mad,  be  ikfLt  preparation  of  fixed  ammunition, 
4c.,  which  would  afford  a  strong  presumption 
that  the  ressfl  was  not  intended  for  traffic,  but 
piepated  for  war  ?   He  thought  this  might  occur, 
where  other  proof  would  fail.    Mr.  L.  took  other 
Tiewa  of  this  question.    He  said^he  could  not 
njPtfd  this  question  as  one  of  a  mere  fulfilment 
orour  duties  to  the  countries  at  war,  as  the  res- 
lels  equipped  in  our  ports  might  be  employed 
ifainst  other  countries  with  whom  we  are  at 
pctce^  as  well  as  against  those  belligerents.   One 
fonsideraiion  for  such  an  act  he  would  suggestf 
which  it  was  too  late  fora^  to  deny,  that  we  are 
ssppAsible  for  injuries  done  by  vessels  of  the 
United  States,  after  they  leave  our  ports,  before 
tkey^arriFe  at  a  foreign  port.    For  such  depreda- 
tions we  are  responsible,  and  have  recogoised 
tkt  priaeiple  by  paying  claims  founded  on  it. 
We  have  ifound  ourselves  to  respect  the  principle 
in  a  manner  equally  obligatory,  bv  preferring 
claims  founded   on    it   against   other  nations. 
Hiiiag  done  sO,  every  consideration  of  prudence, 
of  respect  for  the  character  of  our  country,  re- 
fttires  that  we  should  exact  the  security  which 
if  demanded  by  the  act  of  1817.    As  regards 
those  who  desire  to  trade  in  vessels  of  war,  it  is 
iscusary  to  provide,  as  has  been  provided,  that 
it  shall  be  carried  on'in  a  way  beiiencial  to  them, 
bat  compatible  with  the  higher  interesu  of  the 
eooMry.    No  duty,  said  Mr.  L.,  is  by  the  act  of 
1817  cgtaeted  from  any  individual  which  the 
Speaker  does  not  think,  as  well  as  myself,  ought 
to  he  pesformed ;  a  bond  only  is  exacted,  in  cer- 
tain suspicious  cases,  that  that  duty  shall  be  per- 
formed.   Where  the  hardship,  then ;  where  the 
commercial  inconvenience  of  being  required  to 
giTe  bond  that,  while  on  the  high  seas,  the  sus- 
}ietBd  vessel  shall  not  violate  ue  laws  of  the 
coontry  ?    The  act  of  1817  created  no  new  duty, 
(ttablished  no  new  prohibition ;  it  only  secured 
the  execution  of  existing  duties  in  a  particular, 
foe  the  failure  to  observe  which  the  Treasury  of 
tbe  United  States,  and  not  the  ofiending  Individ* 
ttli^  would  ultimately  be  responsible.    Mr.  L. 


would  not  say  that  the  act  merited  none  of  the 
reprobation  bestowed  on  it ;  but  he  would  say 
that  it  had  not  been  proved  to  contain  any  inju* 
rious  or  oppressive  provisions. 

Mr.  Clay  said  it  was  alwavs  with  very  painful 
regret  that  be  found  himself  differing  from  the 
gentleman  who  had  just  taken  his  seat,  and  with 
the  Chairman  of  the  Committee  of  Foreign  Re- 
lations; dnd,  when  differing  from  them,  he  al- 
most distrusted  his  own  perceptions.    But  this 
was  not  the  first  time  he  had  that  misfortune ; 
for  his  honorable  friend  (Mr.  Lownobb)  had  been 
at  the  last  session  a  powerful  auxiliary  in  carry- 
ing through  the  bill  which  then  passed,  and  was 
now  proposed  to  be  re|)ealed.    Notwitnstanding 
his  great  regret  at  the  circumstance,  however,  be 
must  obev  the  dictates  of  his  own  judgment. 
Mr.  C.  said,  he  never  had  intimated  that  the  act 
of  1817  did  not  originate  in  the  judgment  of  this 
House,  or  that  it  was  passed  at  tbe  instance  of 
any  foreign  Ministers;  and  yet,  if  he  understood 
the  gentleman  from  Georgia,  he  had  admitted 
that  the  committee  had  bad  the  benefit  of  the 
suggestions  of  several  foreign  Ministers.    It  was 
immaterial  to  him,  Mr.  C.  said,  whether  the  act 
sprung  from  any  suggestion  of  foreign  acents,  or 
whether^  after  it  was  recommended,  the  Fetters  of 
the  Mimsters  were  sent  to  the  Committee  of  For- 
eign Relations*.    As  to  the  foreigti  Ministers.  Mr. 
C.  said,  in  referring  to  them,  he  ineant  notning 
disrespectful  towards  them— he  would  not  treat 
with  disrespect  even  tbe  Minister  of  Ferdinand, 
whose  cause  this  bill  was  intended  to  benefit ;  he^ 
said  Mr.  C,  ia  a  faithful  Minister;  if,  not  satis- 
fied with  making  representations  to  the  foreign 
department,  he  also  attends  the  proceedings  of 
the  Supreme  Court,  to  watch  its  decisions,  he 
affords  but  so  many  proofs  of  the  fidelity  for 
which  the  representati?es  of  Spain  have  alwavs 
been  distinguished.    And  how  mortifying  is  it, 
sir,  to  hear  of  the  honorary  rewards  and  titles, 
and  so  forth,  granted  for  these  ser?ices ;  for.  if  1' 
am  not  mistaken,  our  act  of  1817  produced  the 
bestowal  of  some  honor  on  this  faithful  represent 
utive  of  His  Blajesty— and,  if  this  bill  passes 
which  is  now  before  us,  I  have  no  doubt  be  will 
receive  some  new  honor  for  his  further  success. 
No,  Mr.  C.  said,  be  would  never  treat  foreign 
Minisurs  to  our  Gk)vernment  with  disrespect. 
But  yet  he  was  not  entirely  satisfied  with  the 
suflgestions  respecting  therepresentation8,garbled 
and  ungarbled,  of  the  foreign  Biinisters.    In  re- 
gard to  the  letter  of  the  Minister  of  Portugal— a 
man  whom  Mr.  C.  said  he  highly  venerated; 
whom  he  regarded  as  an  honor  to  bis  country 
and  an  ornament  to  science— a  man  whose  conn-, 
try  could  not  have  shown  a  greater  respect  for 
the  United  States  than  by  deputing  him  as  its 
representative  to  this  Government — with  r^rd 
to  that  letter,  as  the  gentleman  had  charged  the 
publication  which  had  been  made  of  it  to  be  a 
garbled  one,  and  it  seemed  by  his  confession  (his 
precious  confession,  he  would  call  it,  but  not  in 
the  obnoxious  sense  of  the  term  j  that  he  either 
had  the  document  in  his  possession  or  had  seen 
it,  he  hoped  that  he  would  lay  it  before  the  House 


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Neutral  RekUunu. 


March,  1818. 


in  extenso,  that  they  might  see  it  in  its  uDfi;arbled 
state,  dbc.  But,  having  been  contradicted  in  the 
statement  he  had  made  when  up  before,  respect- 
ing the  passage  of  the  act  of  1817,  Mr.  C.  begged 
of  the  honorable  gentleman,  before  he  disputed 
any  statement  of  liis  (Mr.  C.'s)  to  take  the  trouble 
to  examine  whether  he  was  himself  correct.  If 
the  gentleman  would  turn  to  the  Journal,  he 
would  find  that,  on  the  question  to  engross  the 
bill,  there  were  sixty-three  in  the  negative.  [Mr. 
Forsyth  explained ;  the  bill  thus  ordered  to  be 
engrossed  was  not  that  which  finally  passed, 
which  came  from  the  Senate.]  If,  Mr.  Clay 
continued,  the  gentleman  would  look  over  the 
list  of  names  recorded  in  the  negative,  he  would 
find  the  name  of  one  of  the  present  Cabinet,  the 
Secretary  of  War.  The  yeas  and  nays  had  also 
l>een  taken  on  the  proposition  to  postpone  the 
bill  indefinitely  when  it  came  back  from  the  Sen- 
ate ;  and,  although  owing  to  the  period  of  the 
session,  a  smaller  number  voted  on  the  bill,  there 
were  yet  thirty-seven  votes  for  postponement,  to 
some  sixty  odd  against  it. 

But,  said  Mr.  C.  it  seems,  that  in  the  remarks 
which  I  have  submitted,  I  have  made  some  re- 
fections on  the  late  President  of  the  United  States. 
No  such  thing.    But  was  there  not,  he  asked,  a 
considerable  alteration,  since  the  act  of  1817,  in 
oar  posture  in  respect  to"  the  war  between  Spain 
and  the  Provinces.    The  Executive  had  smce 
declared  to  the  whole  world  that  the  condition  of 
the  United  States  is  one  of  neutrality  in  regard 
to  the  contest.    Not  that  only,  but  that  the  war 
carrying  on  is  a  civil  war,  and  that  we  owe  to 
both  parties  all  the  obligations  of  neutrality — the 
obligations  due  to  a  party  in  a  civil  war  being 
very  different  from  those  due  to  a  people  in  re- 
bellion, and  demanding  therefore  a  different  state 
of  our  laws.    But,  returning  to  the  late  President 
of  the  United  States^no  man,  Mr.  C.  said,  had 
a  more  high  sense  of  the  exalted  character  and 
distinguished  services  of  the  gentleman  to  whom 
he  thus  alluded ;  but,  whilst,  said  he,  I  am  a  Rep- 
resentative of  the  nation,  I  shall  speak  freely  my 
sentiments,  let  them  be  in  opposition  to  whom 
thejr  may,  whether  the  existing  or  any  former 
Chief  Magistrate  of  the  United  States.    Mr.  C. 
then  called  upon  gentlemen  to  show  that  the  act 
of  1794  was  inapplicable  to  the  existing  conflict 
under  the  circumstances  of  the  change  of  attitude, 
to  which  he  had  referred.    The  gentleman  had 
contended  it  was  not,  because  of  a  decision  in 
the  case  of  St.  Domingo.    That,  Mr.  C.  said,  was 
a  case  standing  on  insular  rrouiH],  and  totally 
different  from  the  present.    We  admit  the  flag 
of  the  patriots :  that  President  Madison  did— we 
declare  the  contest  to  be  a  civil  war  :  that  Presi- 
dent Monroe  did— and  commissioners  have  been 
sent  there,  if  not  with  credentials,  to  hear  and 
make  representations.    The  Judiciary  then  would 
say.  that  the  act  of  1794  does  include  the  case, 
and  the  act  of  1817  would  be  superfluous  and  un- 
necessary, but  for  the  further  provisions  contained 
iff  that  act.    Gentlemen  had  contended,  that  these 
farther  provisions  were  necessary,  because  it  was 
j^oper  to  require  boad  and  security  from  vessels 


departing  from  our  ports,  that  they  will  not  Tio* 
late  our  neutral  obligations  without  the  territory 
of  the  United  States.  This  proposition,  Mr.  C. 
could  not  reconcile  with  the  admission  he  under- 
stood gentlemen  to  make,  that  acts  committed  oat 
of  our  jurisdiction  are  acts  of  which  foreign 
Powers  must  take  care  for  themselves. 

The  bonds  required  by  the  restrictive  systems, 
which  had  been  referred  to,  were  not  analogous 
to  the  present  case ;  they  stood  on  peculiar  ground, 
the  measures  they  were  necessary  to  enforce  hav- 
ing been  required  by  our  own  policy,  in  delenee 
of  our  own  rights  and  interests,  and  were  not  mn 
act  of  legislation  for  the  benefit  of  a  foreign 
Power,  for  whom  we  are  under  no  obligatioa   to 
legislate.    The  difference  in  the  two  cases  iris 
precisely  the  difference  between   legislating  fer 
ourselves  and  legislating  for  others.    But  it  had 
been  said  that  bonds  are  required  even  from  pri- 
vateers in  war.    That  is  because  they  have  com* 
missions,  said  Mr.  C,  and,  acting  under  oar  au- 
thority, constitute  a  particular  part  of  the  fbree 
of  the    community,  and  the   tx>nd  is  required 
for  our  own  sakes.    Whilst  on  this  sol^eet,  ki 
said,  he  could  not  see  the  cause  for  all  this  anxi- 
ety on  the  part  of  gentlemen,  lest  the  patrioli 
should  get  hold  of  a  vessel  prepared  for  war* 
Were  they  not  aware  that  the  whole  marine  of 
the  island  of  Cubii  consists  of  vessels  porchattd 
from  this  country  ?    Ships  are  an  object  of  cooth 
merce,  condemned  by  no  authority.    It  Wbm  par- 
ticularly fitting,  under  present  circumstances,  that 
we  should  give  every  facility  to  the  sale  of  ovr 
ships.    Do  we  not  know,  said  he,  that  owing  to 
the  condition  of  the  world,  our  merchant  veaaeb 
are  cut  out  of  employment,  and  that,  unless  Wt 
can  sell  them,  they  will  rot  at   our  whattesi 
Mr.  C.  laid  it  down  as  a  principle,  incontror^rti- 
ble,  that  a  ship,  armed  or  not  armed,  was  an  ob- 
ject of  commerce.    Gentlemen  would  not  deny, 
that  the  materials  of  armament  might  be  sepa*' 
rately  sold,  and  afterwards  combined.    Bat  the 
honorable  gentleman  froiQ  Sonth  Carolina  had 
made  one  admission,  which  gives  op  the  qnes- 
tion,  when  he  conceded  that  an  armed  ship  Uwht 
be  fitted  out— completely  equipped— go  to  a  tor^ 
eign  port,  and  afterwards  go  to  war  with  any 
belligerent  whatever,  without  a  Tiolatioa  of  oar 
neutrality.    And  yet  such  a  course,  admitted  bf 
the  gentleman  to  be  lawful,  was  expressly  forbid* 
denby  the  act  of  1817. 

[Mr.  Lo WN0E8  briefly  explained,  not  adttitSiOg 
the  principle  Mr.  C.  considered  him  as  ceding,  iti 
the  latitude  given  to  it  by  the  Speaker.) 

Mr.  C.  said,  he  had  conceived  the  priaeipte  to 
be  fairly  inferred  from  the  course  of  the  gentle- 
man's argument ;  and  he  did  not  yet  nnderstaad 
him  as  denying,  that,  af^er  a  vessel  gets  inio  a 
foreign  port,  and  departs  thence,  our  respOBsiM* 
ity  for  its  conduct  ceases.  And  the  gentlenafli 
had  the  other  day  admitted,  in  debate  on  another 
subject,  the  riffht  of  expatriation.  Suppos^theB) 
that  any  number  of  citizens  of  the  United  Btates 
should  fit  out  81^  armed  vessel  to  go  to  any  port 
in  Spanish  America,  and  there  expatriate  cheea- 
selves  by  becoming  citizens  of  another  eonnlry^ 


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1418 


|(Ueob,  1918. 


Neutral  Bdaiiow. 


H.  OP  R. 


mi^d&t  they  not  then  engfge  in  wwr  Qader  the  fl^g 
.of  tJMit  eooBtry  ?  Gentlemen  woald  not  deny  it, 
Mid  yiei  tbey  wonld  be  forbidden  to  do  so  by  the 
«<!tofl817. 

Mr.  C  stated  farther  objecMoi^s  tp  tbis  act. 
For  ezainnle,  the  toUector  of  a  port  migbt  detain 
any  TiMsel,  when  the  number  or  men,  the  nature 
of  the  cargo,  Or  any  other  circumstance,  induce 
jhim  to  sappoee  the  resiel  is  intended  for  cruising, 
with  a  belligerent  purpose.  Mr.  C.  said  be  was 
ofyMsed  to  resting  such  discretionary  power  in 
any  collector.  The  voyage  may  be  intended  to 
tsUOfLf  to  China,  or  any  distant  port,  and  the  voy- 
age maj  be  totally  defeated,  and  heavy  loss  io- 
cun^^i  wj  R  mere  caprice  of  the  collector.  Mr.  C. 
wiafhed  his  honorable  friend  (Mr.  JoHifaon)  to 
read  a  letter  he  had  received  uom  St.  Bart^lo- 
mews^atating  that  throe  vessels  had  arrived  there 
£rom  British  ports,  not  only  with  skeletons  of 
s^iment^  but  with  nearly  all  the  men,  on  their 
way  to  jom  the  patriots.  Had  these  men,  Mr.  C. 
a^ed,  been  subjected  to  any  bond  and  security^ 
(0  any  such  onerous  provisions  as  are  contained 
in  this  bill  ?  No,  said  he ;  we  alone,  it  seems,  are 
to  stretch  our  power  to  its  Umit  to  prevent  our 
citizens  from  aiding  in  any  manner  the  efforts  of 
th<»e  who  are  struggling  for  liberty  in  the  South ; 
whilst  Gb'eat  Britam.  in  this  respect,  pursues  a 
jfoHej  which  we  might  worthily  imitate.  While 
at  peace,  he  iidmitted,  we  onght  to  nerform  our 
QhugatioQs  of  neutialitj ;  but  They  dia  pot  require 
the  |«saage  of  bills  with  neutral  titles,  but  with 
provision  iavorable  to  one  only  of  the  belliger- 
eAia.  Wbau  on  the  other  h^nd,  had  Great  Brit- 
ain done  1  She  had  issued  a  proclamation  which 
^almost  reccynises  the  independence  df  the  prov- 
ince^ caiiiag  the  contest  a  war  between  America 
a94f  Spain,  and  forbidding  her  citizens  to  engage 
in  iC}  but  requiring  no  lK)nd  and  security  from 
Ihem.  If  q,  said  Mi.  C^  she  has  gone  a  step  fur- 
ther than  she  has  ever  before  gone :  her  citi;zens, 
whjo  con^tu^  ^  part  of  the  armies  of  Spain,  she 
has  forbidden  from  fighting  against  the  patriots. 
i  wish  we  might  ipiitate  ner  example,  and  ob- 
aenre  a  real  neutrplity,  instead  of  that  which  ex- 
ists in  name  oniy^  to  the  prejudice  of  one  party 
jandaot  of  the  other. 

la  refcaence  to  the  suggestions  made  by  Mr. 
J^iowiinas  respecting  spoliations,  Mr.  C.  aslced, 
^jakat  success  have  we  had  in  our  applications  for 
inmanity  for  spoliations?  We  are  told,  very 
.fpo^tnrediy,  mdeed^  by  the  Secretary  of  State, 
an  a  late  communication— I  am  sorry  we  have 
,|iot  the  b^ent  of  that  letter^tbough,  when  we 
get  i^  I  prespme  we  shall  find  it  a  coippilation  of 
pth^r  works  on  the  same  subject-^the  Secretary 
of  Slate  t^  us,  very  good-naturedly,  that  we 
have  jNitiently  waited  for  the  settlement  of  our 
differtnces  with  Spain,  and  it  will  require  no  very 
great  eflfort  to  wau  a  little  longer.  Very  gooa- 
Asturedy  indeed !  No  change,  say  gentlemen,  in 
the  attect  of  our  relatio];is  with  Spain?  Yes,  a 
most  numiliating  one,  within  the  last  three  or 
ii^r  years.  We  were  told  by  the  President,  in 
w  I0^ssi(ge  at  the  commencemeat  of  the  session ; 
§3^  ammguous  as  |he  intimation  was,  hope  clung 


to  it  as  promising  a  change ;  that  a  disposition 
had  been  show^  on  the  part  of  Spain,  to  Tnove  in 
the  negotiation.  And  what  sort  of  a  motion  was 
it?  A  motion  which  has  terminated  in  some- 
thing like  a  perpetual  repose,  waiting  till  the  pas- 
sions and  prejudices  of  His  Majesty  of  Spain 
may  have  time  to  subside.    Admirable,  Job-like 

ritience,  said  Mr.  Ci^ay.  I  thank  my  0od,  that 
do  not  possess  it. 

Let  us,  said  Mr.  C,  in  conclusion,  put  all  these 
statutes  out  of  our  way,  except  that  of  ItM. 
When  was  that  passed?  At  a  moment  when 
the  enthusiasm  of  liberty  ran  through  the  coun- 
try with  electric  rapidity ;  when  the  whole  coun- 
try, en  masee^  was  ready  to  lend  a  hand  and  aid 
the  French  nation  in  their  struggle.  General 
Washington,  revered  name !  the  Tather  of  his 
Country,  could  hardly  arrest  this  inclination. 
Tet,  under  such  circumstances,  the  act  of  1794 
was  found  abundantly  sufficient.  There  was, 
then,  no  gratuitous  assumption  of  neutral  debts. 
For  twenty  years  that  act  has  been  found  suffi- 
cient. But  some  keen-sighted,  sagacious  foreign 
Minister  finds  out  that  it  is  not  sufficient,  and 
the  ^ct  of  1817  is  passed.  That  act,  said  Mr.  C, 
we  find  condemned  by  the  universal  sentiment 
of  the  country ;  and  I  hope  it  will  receive  fur- 
ther condemnation  by  the  vote  of  the  House  tbis 
dav. 

Mr.  Lowndes  rose  to  vindicate  himself  from 
thechai^  of  inconsistency  alleged  against  him  by 
the  Bp^ker ;  but  wbichi  he  said,  could  not  be 
propierly  established  by  taking  a  sentence  or  half 
a  sentence  from  a  speech,  ana  founding  an  argu- 
ment on  it.  The  Speaker  infers,  said  he,  because 
I  will  not  take  measures  to  punisn  him  who,  with- 
out (he  jurisdiction  of  the  United  States,  enters 
into  a  vessel  armed  by  a  foreign  authority,  and 
cruises  on  the  property  of  foreign  nations,  that  I 
must  therefore  be  willing  that  a  citizen  of  the 
Onited  States,  within  the  limits  of  the  United 
States,  in  a  vessel  belonging  to  the  United  States, 
shall  involve  the  Government  in  a  responsibility 
for  her  acts,  with  e^ual  impunity.  Mr.  L.  sub- 
mitted to  the  Commlittee,  whether  there  was  any 
resemblance  between  the  two  propositions. 

Mr.  FoRSTTB  explained  the  difference  as  to 
facts  between  him  and  the  Speaker.  If  what  the 
Speaker  had  advanced,  respecting  the  vote  on  the 
act  of  1817,  had  been  intended  as  argument,  Mr. 
F.  said,  ha  had  endeavored  to  show  that  there 
was  no  weight  in  it,  by  showing  that  the  vote  to 
which  the  Speaker  had  referred  ^as  not  on  the 
bill  which  actually  passed,  but  on  a  bill  reported 
by  the  Committee  on  Foreign  Relations  which 
did  did  not  pass.  The  member  of  the  Cabinet, 
who  bad  been  referred  to,  voted  against  the  last- 
mentioned  bill,  but  in  favor  of  that  which  passed 
into  a  law,  ana  there  was  a  very  small  minority 
against  it.  With  respect  to  the  influence  which 
produced  the  passage  of  the  act  of  1817,  if  there 
was  any  felt,  it  was  by  the  President,  and  to  him 
must  be  imputed  the  blame;  for  to  him  the  re* 
monstrances  of  the  foreign  Ministers  had  been 
addressed,  and  he  had  brought  the  subject  before 
Congress.    With  respect  to  the  correspondence 


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1420 


H.opR. 


Neutral  ReUxtumM. 


March,  1818. 


with  the  MiDistera,  on  the  call  of  the  committee 
for  facts  of  depredations  by  oar  cruisers,  these  pa- 
pers had  been  shown  to  them.  I  have  no  recol- 
lection, said  Mr.  F.,  of  every  word  in  one  of  the 
official  notes,  bat  I  am  sore  that  the  version  which 
has  been  given  of  it  is  not  correct.  I  verv  well 
recollect,  although  not  particularly  rememoering 
the  particular  words  or  arguments,  that  the  tone 
of  the  letter  and  its  manner  were  perfectly  re- 
spectfal  to  the  Government,  and  such  as  might 
have  been  expected  from  the  character  of  the 
Minister.  It  was  neither  indecent  nor  disrespect- 
ful ;  in  the  letter  which  is  published  as  a  copy  of 
that,  there  are  passages  both  indecent  and  dis- 
respectful. 

In  reply  to  the  suggestion,  that  even  if  the  act  of 
1817  was  required  at  the  time  it  passed,  it  was 
no  longer  necessarv,  because  of  a  change  in  oar 
posture,  Mr.  F.  said,  he  knew  of  no  such  change. 
As  far  as  the  independence  of  the  provinces,  or 
of  anv  of  them,  was  recognised  at  this  moment, 
it  haa  been  at  that  day.  If  his  memory  was  notj 
in  this  respect  treacherous,  the  President  of  the 
United  States  announced  to  the  Spanish  Minis- 
ter, through  th^  Secretary  of  Stiite,  in  the  cor- 
respondence between  them  laid  before  this  House 
at  the  middle  of  the  last  session,  that  such  was 
the  relation  in  which  we  regarded  them.  This 
answer  had  been  given  to  an  application  to  ex- 
clude their  flags  from  our  ports. 

To  show  that  his  construction  of  the  decision 
of  the  Supreme  Court  on  the  act  of  1794,  as  ap- 
plied to  the  case  of  St.  Domingo,  was  correct,  Mr. 
F.  quoted  the  words  of  the  decision  from  Cranch's 
Reports.  In  Massachusetts,  the  case  referred  to 
b]r  the  Speaker,  was  that  of  an  indictment  for 

Siracy,  from  which  the  accused  sought  to  shield 
imseu  by  a  commission  from  one  of  the  Gov- 
ernments asserting  their  independence.  The 
judges  composing  the  court  differed  on  points  of 
law.  One  of  the  questions  was,  whether  a  com- 
mission emanating  from  any  revolted  colony,  dis- 
trict, or  people,  whose  independence  was  not 
recognised  by  the  Executive  authority  of  the 
.  United  States,  was  valid.  Here  was  a  question, 
very  different  from  the  present  one  raited  by  the 
courts  of  the  United  States,  and  brought  up  for 
decision ;  it  was  not  decided,  because  the  counsel 
for  the  party  was  not  present,  or  for  some  cause 
of  that  description.  This  point  beins  doubtful, 
it  was  highly  proper  that  the  act  of  1817  should 
have  removed  all  doubt  on  the  subject.  Under 
the  act  of  1794,  it  was  doubtful  whether  the  com- 
mission of  certain  acts  was  an  offence  under  our 
laws  or  not ;  and  a  long  course  of  litigation  be- 
fore the  courts  would  have  been  necessary  before 
the  question  would  have  been  settled.  It  was 
better  to  settle  the  qaestion,  and  clear  the  law  of 
all  doubt.  In  this  view,  the  act  of  1817  was  ne- 
cessary, independently  of  all  other  considerations, 
and  ought  not  to  be  repc^ed. 

Mr.  Tucker,  of  Virginia,  said,  he  would  not 
have  troubled  the  Committee,  but  that  his  views 
varied  somewhat  both  from  those  of  the  Speaker 
and  the  Chairman  of  the  Comaiittee  of  Foreign 
Relations.    He  was  averse  to  the  repeal  of  the 


entire  act  of  1817,  but  was  in  favor  of  the  repeal 
of  the  two  last  sections  of  it;  they  were  called 
the  bond  section  and  the  collector's  section.    He 
stated  whv  he  was  in  favor  of  retaining  the  pro- 
visions or  the  act,  except  these  two  sections. 
That  act  had  been  framed  with  the  view  of  ex- 
tending the  provisions  of  the  act  of  1794,  pro- 
hibiting our  citizens  from  taking  part  in  a  war 
between  two  independent  nations^  with  whom 
we  were  at  peace,  to  the  case  of  the  Spanish 
colonies  and  the  mother  country.    The  act  spoke 
of  "  a  foreign  prince  or  state,**  and  there  had 
been  in  our  courts  a  decision  which  seemed  to 
indicate  the  necessity  of  using  some  farther  de- 
signation in  order  to  take  in  the  case  of  the  Span- 
ish colonies.    The  first  section  of  the  act  of  1817 
differs  from  that  of  1794.  in  little  else  than  the 
addition  of  the  words  "colony,  district,  or  people,** 
after  the  words  ^  prince  or  state.'*    This  amend- 
ment bad  been  thought  necessary  last  year.    He 
had  not  been  present  when  the  bill  was  passed, 
and  should  perhaps  have  hesitated  about  passing 
any  bill  with  views  particularly  to  this  contest. 
But  there  was  a  difference  between  passing  the 
bill  and  repealing  it.    Spain  coald  not  complaia 
of  our  leaving  it  und  one.    Her  conduct  had  given 
her  no  peculiar  claims  upon  as.    He  8m)uld, 
therefore,  perhaps  have  voted  against  the  law. 
But  it  is  now  a  law ;  and  to  repeal  at  this  time 
a  provision  which  extends  to  her  the  provisions 
of  the  /ict  of  1794,  might  perhaps  justly  be  con- 
sidered as  unfriendly  ana  hostile.    And  while 
he,  therefore,  viewed  with  as  much  interest  as 
any  gentleman  the  cause  of  the  Spanish  patriots, 
and  viewed  with  as  little  approbation  the  course 
of  the  Spanish  Gbvemment,  he  would  avoid 
whatever  might  endanger  the  peace  of  the  nation. 
He  considered  it  our  true  policjr  to  maintain 
peace  if  we  can,  without  compromitting  the  digw- 
nity  of  the  nation.    It  is  not  less  our  interest  now 
to  avoid  being  entangled  in  South  American  af- 
fairs, than  it  was  to  avoid,  in  1794,  being  impli- 
cated in  European  quarrels.    He  was,  therefore, 
disposed  to  maintain,  by  all  proper  means,  the 
neutrality  of  the  United  States:  but  it  should  be 
a  dignified  neutrality,  not  involving  ourselves  in 
difficulties,  nor  shrinking  from  what  was  due  to 
our  own  character  and  standinjg^  among  the  nations 
of  the  earth.    It  was  partly  with  this  view  that  he 
was  opposed  to  the  last  sections  of  the  act  of  1817. 
Spain  has  not  entitled  herself  to  expect  this  Qor- 
emment  to  go  farther  than  they  did  in  1794,  for 
the  preservation  of  its  neutrality.    These  sections 
do  ffo  farther.    A  gentleman  now  within  the 
walu  of  the  House,  (Mr.  Preston,)  who  was  in 
Congress  in  1794^  tells  me  the  attempt  was  made 
to  introduce  similar  provisions  into  the  act  of 
that  year.    It  was  opposed  by  the  most  intelli- 
gent merchants,  as  emoarrassing  and  oppressive, 
since  it  rendered  it  necessary  that  every  East 
Indiaman,  going  armed,  should  be  compelled  to 
give  bond  before  she  could  sail.    Mr.  Fitzsint- 
mons,  a  distinguished  merchant,  was  mentioned 
as  opposing  it.    The  proposal  failed  in  1794. 
Can  Spain  expect  us.  in  her  favor,  to  go  fkrther 
then  we  woald  go  then  ?    By  no  means.    Let 


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1422 


BIascb,  1818. 


Neutral  BekUtom. 


H.orR. 


08  then  leave  the  first  sectiOB  of  the  act  of  1817 
in  force,  and  repeal  the  two  last  sectioDs.  This 
places  Bpaia  and  the  colonies  on  the  same  foot- 
mg.  as  other  nations  are  by  the  act  of  1794.  Mr. 
T.  had  specific  objections  to  these  clauses.  The 
bpnd  clause  must  be  inconveaient  to  Bast  India 
merehaats.  An  intelli^t  East  India. merchant 
telb  me  that  it  is  considered  as  an  inconyenient 
|m>Tision  at  this  dav.  It  mnst  be  inconvenient ; 
It  holds  everv  mercnant  to  security,  (who,  from 
the  nature  or  his  trade,  is  obliged  to  go  armed,) 
merely  because  some  vessels  have  been  illegally 
fitted  out.  It  runs  counter  to  the  principles  of 
our  laws,  to  hold  all  to  security  lest  some  should 
break  the  law.  The  other  section,  he  said,  was 
more  objectionable.  It  authorizes  a  seizure  by 
the  collector,  upon  suspicion;  it  puts  into  his 
bands  powers  that  belong  to  the  Judiciary ;  they 
are  ample  powers.  If  there  be  just  ground  of 
suspicion,  on  affidavit,  a  judge  mav  issue  his  war- 
rant against  the  ofifender ;  for,  it  his  ressel  has 
been  fitted  out,  and  the  intent  is  illeffal,  the  of* 
fence  is  completed  before  she  sails.  If  there  be 
not  just  ground  of  suspicion,  the  collector  should 
not  be  permitted  to  seize ;  nor  would  I  take  the 
power  of  judging  out  of  judicial  hands,  to  place 
in  the  hands  of  the  collector.  Who  is  he?  Aper« 
son  entitled  to  large  emoluments  in  the  case  of 
condemnation  of  the  vessel ;  an  interested  man, 
who,  if  he  succeeds,  requires  a  handsome  sum, 
and,  if  he  fails,  applies  to  Congress  to  indemnify 
him,  as  he  was  acting  in  the  line  of  his  duty. 
He  would  repeat,  that  Spain  had  no  right  to  ex- 
pect us  to  introduce  or  to  retain  provisions  so 
much  at  variance  with  correct  principles,  and 
which  we  did  not  think  proper  to  introduce  into 
the  former  laws  for  preserving  our  neutrality. 

Mr.  SiciTB,  of  Maryland,  was  opposed  to  this 
motion,  though  he  had  made  up  his  mind  to  give 
a  silent  vote  on  it^  but  for  the  remarks  of  the  gen- 
tleman who  had  lUst  spoken,  (Mr.  Tugkbr.)  He 
had  the  honor,  he  said,  to  be  a  member  of  the 
Committee  of  Foreign  Relations  at  the  last  ses* 
sion,  by  whom  the  bill  now  called  the  act  of  1817 
was  reported;  and,  as  far  as  his  recollection 
served  him,  if  the  Message  of  the  President 
(which  hadf  been  referred  to)  had  not  been  sub- 
mitted to  that  committee,  they  would  have  re- 
ported a  bill  nearly  similar  in  its  provisions  to 
that  which  had  passed.  That  letter,  Mr.  S.  said, 
ought  to  be  better  understood.  The  Minister  ot 
the  King  of  Portugal  had  receiyed  information, 
which  afterwards  proved  to  be  correct,  that  Com- 
modore Taylor  had  issued  orders  to  privateers 
from  the  ports  of  the  United  States  to  capture 
the  vessels  of  Portugal ;  and  he  apprized  the  De- 
partment of  Sute  that  such  expeditions  were  fit- 
ting out.  The  fact  was,  Mr.  S.  said,  that  those 
vessels,  going  from  ports  of  the  United  States, 
did  actually  take  such  vessels,  carry  tham  into 
Bnenos  Ayres,  where  the  Government  decided 
that  there  was  no  authority  on  the  part  of  Com- 
modore Taylor  to  issue  an^  such  orders.  The  let- 
ter from  the  Portuguese  Minister,  Mr.  S.  said  fur- 
ther, was  couched  in  respectful  terms,  such  as 
appeared  proper  and  consistent  with  a  conect 


view  of  his  duties  as  a  foreign  Minister.  It  had 
been  intimated  that  the  President  had  been  in-' 
duced  to  address  a  Message  on  this  subject  to 
Congress,  by  the  teasing  of  a  foreign  Mmister. 
Did  gentlemen  suppose  the  President  a  man  of 
that  character  to  yield  to  such  importunities? 
No ;  he  was,  in  applying  to  Congress  for  more 
rigid  provisions,  mmdfiu  of  his  own  country' 
alone;  and  no  reflection  could  justly  .apply  to  the 
President  for  his  conduct  on  that  occasion. 

His  friend  from  Virginia,  Mr.  S.,  said,  had  an 
objection  to  the  act  of  1817,  bottomed  on  the 
bonds  required  by  that  act  to  be  given  in  certain 
cases.    What  were  those  bonds'^?   That  an  armed 
vessel  going  from  the  ports  of  the  United  States, 
should  not  jeopardize  the  peace  of  the  country. 
This  it  appeared  had  been  represented  to  the  gea> 
tleman  from  Vir^nia  as  a  great  inconvenience  to 
persons  engased  in  the  Bast  India  trade.    I  am 
myself,  said  Mr.  S.,  engaged  in  that  trade  and  a 
number  of  my  constituents,  and  the  constituents 
of  Tarious  gentlemen  here ;  and,  if  there  be  any 
inconvenience  to  them,  why  have  they  not  re- 
monstrated to  this  House  against  it?    No  such 
remonstrance  has  been  forwarded;  and  yet,  sir, 
the  merchants  are  very  mindful  of  their  own 
convenience.    One  remonstrance  had  been  pre* 
sented  from  that  class  at  the  present  session,  rep- 
resenting that  the  fifteen  days  allowed  by  law  was 
too  short  a  time  for  diseharffing  the  cargo  of  a 
ship,  and  that  the  per  diem  allowance  for  all  be- 
yond that  time  ought  to  be  modified  or  discon- 
tinued.   This.  Mr.  d.  said,  was  a  trifling  incon- 
venience, ana  yet  the  merchants  remonstmted 
against  it.    As  to  the  inconvenience  of  giving 
bonds,  Mr.  S.  said,  he  who  has  no  wish  to  do  an 
unlavmil  act  will  have  no  objection  to  give 
bonds,  which  give  no  other  trouble  than  the  sig- 
nature of  his  own  name  and  that  of  two  sureties. 
In  civil  society,  for  the  benefit  of  the  whole^  in- 
diTiduab  must  submit  to  such  inconveniences, 
and  the  merchants  had  always  cheerfully  done  it. 
Whjr  did  we  so  ?  asked  Mr.  S.    Because  it  was 
our  interest  that  those  who  are  disposed  to  do 
illegal  acts  may  be  detected  and  arrested  in  their 
designs.    We  give  bond,  said  he,  for  the  register 
of  our  ship,  and,  if  we  sell  the  vessel  abroad  are 
bound  to  return  the  register.    We  could  sell  onr 
vessels  to  great  advantage  abroad,  if  we  could 
sell  the  registers  also;  but  the  security  of  the 
Government  requires  us  to  give  bond  to  return 
them.    To  such  inconveniences,  like  those  of  the 
act  of  1817,  required  by  the  general  good,  I  have 
never  known  merchants  to  refuse  to  submit— »it 
is  not  their  character.    With  regard  to  the  other 
section,  which  the  gentleman  had  objected  to,  Mr. 
S.  did  not  conceive  it  very  important ;  but  it  was 
intended  to  prevent  vessels  from  being  prepared 
in  our  ports  for  a  cruise  in  every  respect,  except 
thai  their  armament  was  not  on  decx,  but  ready 
to  be  put  in  a  situation  to  make  war  immediately 
on  leaving  our  ports.    Such  a  vessel  the  collec- 
tors are  authorized  to  deuin ;  but  from  so  doing 
gained  no  advantage,  there  beinff  no  forfeiture, 
ac.--so  that  they  had  no  motive  lor  pressing  the 
execution  of  the  strict  letter  of  the  law,  and  the 


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liM 


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NaOrai  RekOumt. 


MABcm,lfil8. 


power  was  not  therefcnre  tafaject  to  abuse,  as  bad 
been  supposed.  The  section,  he  said,  had  per- 
liaps  arisen  from  a  ctrcnsistanee  which  has  cost 
the  United  States  nearly  two  hundred  thonsatfd 
dleUaffs«-he  referred  to  the  ease  of  tha  American 
Bagk,  of  New  York,  which  vessel  was  supposed 
to  Se  sold  10  one  of  the  black  Emperors,  and  had 
aboot  her  all  the  marks  of  such  a  destination ; 
but,  under,  the  laws  of  the  United  States,  was 
not  condemned.  That  ressel  was  seized  under  a 
direct  order  of  the  Ezecutite;  but  ^e  collector 
had  been  adjudged  to  pay  to  the  owner,  for  the 
■•izttre>  $10{M)0(rand  interest,  and  Congress  were 


passed  subsequently)  And,  after  all  the  acts 
that  could  be  passed,  it  would  be  found,  Mr. 
S.  said,  that  some  loop-hole  would  still  be  left 
through  Which  a  man  may  creep.  In  reply  to 
the  Speaker's  demand,  why  sueh  sympathy  with 
the  Spanish  Qofremment,  Mr.  S.  said,  that  our 
aynpathies  were  for  ourself  es,  our  acts  were  ia* 
tended  to  keep  ourseWes  within  the  rules  of  con- 
duet  prescribed  by  national  law  for  neutral  Pow- 
ers; to  maintain  our  own  di^pity,  and  preyent 
our  citizens  from  iuTolTing  us  in  war.  Of  a  war 
with  the  present  power  of  Spain,  he  said,  nobody 
wowld  think  much;  but  a  rule  applied  to  Spain 


wmaurvi  ^w.vuw  cuiu  inMnvsi,  bbq  x^umrw^sa  wmwe    wv«iu  &iuu&  luuvu  f  ww*  «  i  wic  «p|r4t«M  w  i^i^vua 

bevnd  to  make  good  the  money.    If  the  section  I  might  be  applied,  by  illegal  cruisers  from  our 
BOW  objected  to  had  then  eadsled,  this  would  not   poru,  to  other  Powers,  i^ih  whom  a  conflict 


have  happened.  If  a  man  means  &irly,  his  en 
eerprise  wiU  be  abore  board,  and  there  is  no  fear 
of  nis  being  subjected  to  a  suspicion  of  an  iatea- 
<tion  to  do  an  unlawful  act ;  if  he  acts  otherwise, 
be  ought  to  be  restrained  bv  bonds  from  carrying 
hoB  intention  into  effect.  I  am  of  opinion,  said 
Mr.  S.,  we  hare  an  undoubted  right  tq  build  yes- 
eels  fit  fnr  war,  and  send  them  abroad  and  sell 
them  to  whoever  will  buy  them ;  but,  when  we 
4o  so,  we  ought  to  haye  caisoes  not  contraband 
«f  war  on  board  of  them.  If  they  have  an  inno- 
cent eatgp,  they  haye  no  occasion  for  arms,  and 
snaygo  unmolested  where  they  please.  And  was 
there  anyi^ng  in  the  act  of  1817  to  jnrohibit 
sueh  a  trade?  No ;  it  prohibited  only  the  fitting 
«ut  of  yessds  from  our  ports  for  the  j^urpose  of 
^tpredattttg  on  the  commerce  of  nations  with 
whom  we  are  at  peace. 

^hat,  Mr.  S.  askied,  wu  the  nature  of  oor  dif- 
foesces  with  Spain  ?  Was  our  claim  on  her  for 
territorial  possessions?  No,  he  said,  we  possess 
the  territory  we  claim,  and  it  is  for  Spain  to  ne- 
Mtiate  to  ai^^ossess  us.  Our  claim  against  her 
»  for  spoliations  coismitted  on  our  commerce  by 
J'renon  priyateers  whom  she  permitted  to  fit  out 
firom  her  ports,  and  bring  in  our  yesseis  lor  sale. 
Fer  this  we  justly  demand  indemnity.  And  what, 
he  asked,  had  Spain  replied?  That  we  haye  a 
•eight  to  this  indemnity,  and  she  will  pay  it  when 
m  shall  be  able*  Now.  if  a  vessel,  saihng  out  of 
ma  poito  as  a  cruiser,  obtains  a  commission  we 
know  not  how,  gives  fto  bonds  whatever,  coes  to 
eea  and  commences  the  capture  of  Spanish  prop- 
.erty,  are  we  not  responsible  7  In  one  case  a  ves- 
sel of  thiu  description  sailed  from  our  ports,  and. 
without  having  visited  any  patriotic  port,  had 
eaptnred  an  Indiaman  and  sent  her  into  Buenos 
Ayree,  where  she  sold  for  a  million  of  dollars. 
Twt  amouat,  Mr.  S.  said,  he  hatd  been  informed 
wae  afaceady  re<llaimed  from  us»  And,  should  we 
tfk  them  to  pay  us  for  depredations  on  the  prop- 
arty  of  our  merchants,  ana  refuse  the  same  meas- 
«ura  to  them?  Now,  suppose  that  at  that  time 
huA  had  been  exacted,  as  by  the  provision  of 
the  act  of  1817  eo  strongly  objected  to,  with  good 
and  sufficient  security,  that  vessel  would  not  have 
gone  out  and  involved  the  United  States  in  heavy 
renioasibilities  by  her  unlawful  acts. 

u,  as  had  been  said,  up  to  the  last  year,  the 
act  of  1794  iad  been  deemed  sufficientby  suc- 
cessive Congresses,  why  had  that  of  1797  been 


would  not  be  so  very  convenient  The  Hiouse 
had  been  told  that  such  conduct  was  not  cause  of 
war:  it  might  not  perhaps  create  a  war  at  this 
moment-^bnt,  said  he,  whenever  the  Power  thus 
injured  feels  tttelf  strouff  enough  to  make  a  war, 
you  will  find  that  it  will  be  always  found  a  suffi- 
cient cause.  If.  Mr..  S.  said,  the  United  States 
do  permit  vessMs  to  be  owned  and  fitted  out  in 
our  ports  aad  harbors,  commanded  and  manned 
by  American  citisens,  and  to  sally  out  and  depre- 
date on  the  commerce  of  a  nation  at  peace  with 
us,  without  our  uking  due  means  to  prevent  it, 
if  that  nation  be  able,  she  will  consider  it  cause 
<if  war.  Sunpose  we  should  thus  be  brought  into 
a  war.  which  is  not  impossible,  and  that  Spain 
shonki  fit  out,  in  the  ports  of  fiUigland  and  of 
Fcanc&  privateers  which  never  have  gone  and 
never  intend  to  go  into  Spanish  ports  for  oom- 
missions,  but  should  commence  their  depredations 
on  our  commerce  the  moment  they  leave  the  ports 
where  they  were  fitted  out;  suppose  that  we  re- 
monsmte  with  these  Powers,  and  tell  them  that 
the  prance  ia  inconvenient  and  injurious  to  us, 
and  they  give  to  us  the  answer  wmch  has  been 
given  on  tlus  floor^I  want  to  know,  if,  with  the 
powecs  the  £^>eaker  can  bring  into  action  on  sueh 
subjects,  he  would  not  rouse  the  feelings  of  every 
maa  in  this  House  to  Desent  the  injury,  consider- 
ing it  as  cause  of  war.  What!  he  would  say, 
shall  we  stand  by  and  see  our  commerce  plun- 
dered, and  our  merchants  robbed  at  our  very 
iloers  by  people  net  at  war  with  us?  We  ougi^ 
therefore,  Mr.  S.  said,  by  «yery  provisiao  that 
was  necessary,  to  prevent  our  citizens  from  em- 
barking in  these  expeditions.  If  the  patriots 
ever  have  a  commerce  on  the  high  seas,  said  he, 
on  which  depredation  can  be  committed,  wa  sludl 
find  our  ciuzens  fighting  against  one  another; 
commissions  will  be  taken  firom  the  Spanish 
monarch  in  the  same  manner  as  they  now  are 
from  the  patriots;  and,  money  being  the  only  ob- 
ject of  those  who  engage  in  these  ezpeditiona,  our 
citizens  will  be  found  in  arms  against  each  other, 
as  either  service  may  afford  them  the  prospect  of 
gain,dbc. 

Mr.  Cult  again  rose.  He  directed  his  first 
observations  to  what  had  fallen  from  Mr.  Tuoua. 
if  the  decision  of  the  ludicial  authorities  had 
been,  that  the  case  of  the  patriots  did  not  come 
within  the  act  of  1794,  there  would  be  much 
force  in  his  argument  for  retaining  the  least 


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Neutxd  BdiUiang. 


UAtOMj  1818. 

oWeeiioiitbk  pert  of  the  act  of  1817.  If  sueh 
a  iootnon  had  been  made  bv  the  Supceme  Court, 
Mr.  C.  said,  he  did  not  know  bat  he  would 
M  alonff  with  the  geBtleiaan ;  but  such  a  decision 
tad  not  been  made^  and,  he  thought  he  had  showa, 
«OQld  not  be  expected. 

The  geatleuiao  froaa  Maryland,  Mr.  C.  said, 
or  bkaself,  was  totally  mistaken  as  to  the  case  of 
the  Bagle.  The  Power  of  St.  Domingo  was  not 
tiMa  eoamdeied  as  a  Sute— f  Mr.  Smith  explained 
that  he  had  not  referred  to  that  case  with  any 
^w  ID  that  point]  Mr.  C.  said  he  had  it  from 
maoestionabie  aumority.  that  in  tiie  case  of  Mr. 
CoUeetoc  Qdston  and  t^  Eagie,  the  court  had 
feftmed  to  gmat  the  necessary  eridence  of  the 
iaet^  "  that  there  was  piobable  cause"  for  the  de- 
tavtioB  of  the  Tcssel;  and  that  officer  was  conse- 
qoentlfy  leit  to  the  (MseratioB  of  the  law  en  a 
naked  tvespaes.  Bat.  Mr.  C.  repeated,  a|;ain  and 
agjain,  that  the  gentleman  from  Ckorgia  would 
iail  la  the  acten^  to  coofouad  the  rirtoous  strug- 
gle of  the  Patnets  of  South  America  with  that 
^  the  eoDiest  of  St.  Doaunge.  There  was  a  dif- 
ference in  the  fincts,  as  there  was  in  our  laws  and 
poliey  respecting  them.  There  was,  in  the  ease 
of  GU.  Domingo,  an  abeolute  prohibition  of  inter* 
-aanrae,  which  took.place,  he  admitted,  at  the  in* 
staaae  ef  liie  French  Minister ;  and  we  had  not 
laaognised  the  war  as  a  civil  war,  d^s.,  or  in  any 
aiaaaer  so  i^garded  it,  as  that  a  case  arising 
nader  it  in  our  courts  oould  be  Tiewed  in  the 
•aaoK  li^t  as  a  case  occunring  in  the  existing 
aaaAkt  in  Booth  America,  la  reply  to  the  gen- 
tWman  £rom  Yirstaia,  who  seemed  to  ^ink  that 
ttat  Power  eould  not  be  considered  as  independ- 
«Bl,  whose  independence  had  not  been  recognised 
bf  the  Uaiied  Sutes,  Mr.  C.  said  that  was  not 
m  dear  case;  because  there  were  many  Powers  in 
tbe  worid,  with  regard  to  which  we  have  no 
4Momatic  fdatiene  whatever.  Mr.  C.  anticipa- 
ted the  suggestion  he  perceived  his  friend  was 
to  make,  that,  the  South  American  pro- 
ilmviag  been  once  a  part  of  Spain,  there 
was  ia  that  cifcamstaace  an  exception  to  the 
gajwiinl  sale.  In  reply  to  that  amuacnty  Mr.  C. 
said,  that  iHulst  the  power  of  r&poleon  was  at 
Its  extent,  k  had  eonetehed  over  and  absotbed  in 
kis  ampice  many  Powers  to  which  the  act  of 
1794  would  iuKVo  previously  applied-^Powers  in 
thebmitof  Qermaay;  several  Powers  there  were 
phom  we  bad  aever  received  a  Minister — 
[  others,  that  of  Morat,  to  whose  late  Qfjfw- 

ac  wo  have  reeeatly  sent  a  Minister  on  one 

of  shoee  fruitless  ertltids  on  which  we  too  often 
aead  Miaisiefs,  &&---rMr.  C.  here  gave  way  for 
«a  oxalanatiott  by  Bfr.  Tuokbr,  and  then  pro- 
aeedod.J  With  regard  to  the  ease  which  had 
lately  arieea  in  the  Circuit  Court  of  the  ynised 
SlBSiiiat  Boston,  Mr.  C.  remarked,  that  he  had 
heard  from  Judge  Story  himself,  that  he  had  ea- 
luiiaiatd  oo  doubt  of  the  legality  of  the  commis- 
aion ;  bat,  as  other  questions  had  arisen  in  regard 
to  which  there  was  a  difference  of  opinion  be- 
toFoea  the  judges,  they  had  chosen  to  introduce 
that  qaeation  into  the  case,  to  bring  it  1>efMre  the 
Supreme  Court.    After  some  further  remarks, 


AofR. 


Mr.  C.  said  it  would  be  time  enou^  to 
the  act  of  1794  after  a  decision  against  its  eOBi- 
peteacy  to  the  present  state  of  thiags  by  the  Sa- 
preme  Court  or  the  country,  to  whom  the  Agent  ^ 
of  His  Majes^  Ferdinand  VIL  knows  very  well 
how  to  go.  The  President  had  placed  the  par- 
ties to  the  war  oa  an  equal  footing:  if  they  were 
equal  for  one  object,  they  were  for  another  and, 
bein^  equal  in  our  ports,  and  eqaaUy  entitled  to 
the  ngiUB  of  beUigoMots,  they  must  be  placed  oa 
an  equal  footing  in  our  courts. 

The  honorable  gentleman  from  Maryland  had 
discovered,  however,  that  we  have  no  claim  for 
territory  against  Spain.  [Mr.  Smith  explained, 
that  he  had  said  we  have  possession  of  aQ  we 
claim,  and  it  is  Spain  who  disputes  that  point 
with  us.]  When,  Mr.  C.  asked,  did  we  uke  pos- 
seasiea  to  the  Rio  del  Norte  %  fie  believed  there 
was  an  immense  tract  of  country  extendin|(  west- 
wardly  to  that  river  which  we  were  not  m  pos- 
session of.  Although  Congress  bad  been  cold  of 
an  order  given  to  suppress  the  establishment  at 
Galveston,  to  this  day  not  even  a  movement  had 
been  made  by  the  United  States  to  that  quarter 
of  the  country.  But,  it  seenis,  said  Mr.  C.,  that 
we  have  nothins  but  spoliations  to  complain  of 
on  the  part  of  Spain.  When  did  the  honorable 
l^tleman  discover  this  ?  When  was  that  gross 
insult  on  the  American  fiag,  committed  in  the 
case  of  the  Firebrand,  on  the  Quif  of  Mexico, 
repaired?  When  was  the  insult  on  the  fiitig  of 
the  United  States  in  the  case  of  the  frigate  Essex 
in  the  Oalf  of  Valparaiso  atoned  for?  Let  not 
the  gentleman  escape  from  that  by  sayiag  that 
tbe  patriot  flag  was  flying  there ;  for  Spain  is 
responsible  for  all  aeu  committed  on  territory  she 
claim8-*for,  Mr.  C.  said,  he  had  ao  idea  of  this 
modern  doctrine  of  inability  on  the  part  of  Spain 
to  prevent  the  wroogs  which  we  are  therefore  to 
submit  to  from  her  territory.  We  bave  suffered 
eaough,  Qod  knows,  Mr.  C.  said,  from  all  the 
Powers  of  Burope;  but  on  the  subject  of  this 
contest  with  Spain,  he  thought  there  was  a  sen- 
sitive delicacy  displayed  not  often  frit.  He  would, 
he  said,  prevent  our  citsens  from  committing  dep- 
redations on  her  commerce ;  but  he  had  no  idea 
of  succumbing  to  every  little  potentate Jn  Europe, 
the  King  of  Naples,  for  instance,  because  in  the 
course  of  the  existing  war  some  little  iajury 
might  be  done  to  our  commerce.  Recognise  the 
independence  of  the  patriou,  said  Mr.  C,  and 
they  will  do  you  justice  in  this  respect.  In  regard 
to  the  independence  of  the  Southern  Repub- 
lics, Mr.  C.  said,  that  Buenos  Ayres  had  not 
only  declared  but  bad  maintained  her  ind^nd- 
ence ;  and,  acknowledged  or  not,  was  as  inde- 
pendent as  anv  Power  in  Aoierioa.  Yeaeauela 
and  Chili  had  also  declared  their  independence. 
Althou^  in  the  war  now  raging,  soaie  little  in- 
jury might  have  been  sustained  by  our  commorpe, 
yet,  as  far  as  his  information  extended,  less  m- 
lury  had  been  done  to  it  in  the  present  war  than 
m  almost  anv  other  which  as  neatrals  we  have 
witaessed.  lie  appealed  to  his  honorable  friead 
from  Louistan»-*-andit  would  be  recollected  that 
New  Orleans  was  one  of  the  most  suspected 


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H.opJl. 


Neutral  RdationB. 


March,  1818. 


eitiea— what  had  beea  the  offieial  report  of  the 
attorney  for  x\ax  district  ?  Why.  that,  after  the 
•most  careful  ioqairy,  he  could  find  no  instance  of 
such  offences  as  were  charged.  The  fact  was, 
Mr.  C.said.  he  beliered,  with  regard  to  these  dep- 
redations, tnat  some  of  the  merchants  engaged  m 
the  Lima  trade,  under  the  favor  of  the  Spanish 
Qoverament.  disliked  the  interference  of  the  pa- 
triots ;  and  that  the  act  of  1817  was  not  so  much 
necessanr  to  protect  our  commerce  as  the  enter- 
prises of  those  who  enjoyed  a  yaluable  trade  with 
:the  Royal  authorities,  and  were  afraid  lest  the 
patriot  flag  might  capture  and  condemn  their 
Teasels. 

Mr.  C.  concluded  his  remarks  by  saying  that 
the  act  of  1794  was  all  sufficient  for  every  neces- 
sary purpose,  connected  with  our  neutral  atti- 
tude ;  but,  after  any  decision  to  the  contrary  by 
the  highest  tribunal  of  the  country,  he  would  go 
along  with  gentlemen  and  make  it  applicable. 
But  with  regard  to  the  bond  and  security  required 
by  the  law  of  1817,  at  the  discretion  of  every  petty 
collector,  urged  on  by  the  Spanish  agents  throu^h- 
.  out  the  country,  he  hoped  to  see  the  law  contain- 
ing that  provision  expunged  from  the  statute 
book. 

Mr.  Smith,  of  Maryland,  replied  to  Mr.  Clay. 
There  was  no  nation  on  earth,  he  said,  whose  inter- 
ests required  from  it  a  fair  and  honorable  conduct 
as  a  neutral,  so  much  as  this.  Britain  alone  had  a 
more  extensive  commerce  than  us ;  but  with  it 
had  a  larger  marine,  and  was  not  so  much  bound 
to  delicacy  in  its  neutral  deportment.  We  should 
from  this  consideration  be  careful  how  we  relax 
our  measures  calculated  to  enforce  it.  As  to  the 
case  of  the  Eagle,  Mr.  S.  said  the  Speaker  was 
right  as  to  facts.  But,  if  the  law  of  1817  had 
existed,  the  collector  would  have  kept  dear  of 
•  that  difficulty.  As  to  the  distinction  taken  be- 
tween St.  Domingo  and  the  Spanish  provinces, 
Mr.  S.  said  that  the  flag  of  the  former  is  admitted 
into  our  ports,  in  the  same  manner  as  the  flag  of 
-any  other  country.  With  respect  to  our  contro- 
versy with  Spain,  Mr.  S.  went  on  to  say,  he  had 
not  expected  from  the  Speaker  the  remarks  he 
had  made.  1  know  very  well,  said  he,  that  we 
claim  to  the  Rio  del  Norte.  We  have  always 
avowed  and  held  that  claim ;  and.  if  we  have 
not  actual  possession  farther  than  tne  Sabine,  it 
is  because  we  are  not  ready  to  go  beyond  it.  We 
hold  the  right,  and  occupy  the  soil  as  far  as  we 
find  it  agreeable  to  do  so.  Consequently  our 
claims  on  Spain  are  for  spoliations  only.  As  to 
the  case  of  the  Firebrand,  if  proper  explanations 
had  not  been  made  on  that  transaction,  there  was 
no  doubt  the  President  would  have  resented  it  as 
he.  ought,  and  that  the  nation  would  have  known 
of  it.  As  to  the  scene  which  occurred  at  Valpa- 
raiso, though  the  patriot  flas  was  flying  there,  it 
appeared  that  Spain  must  be  considered  respon- 
sible for  that.  Had  the  Executive  ever  complained 
to  Spain  of  that  act  ?  If  it  had,  he  had  never 
heard  of  it— and  he  presumed  it  would  not  have 
been  overlooked  if  it  could  be  properly  charged 
to  her  account.  With  regard  to  the  i>lea  of  ina- 
bility, to  prevent  violations  of  our  rights  from 


her  territory,  the  Execative  had  acted  on  the 
ground  taken  by  the  Speaker,  in  takinc[  possesdon 
of  Amelia  Island .  That  position  having  become 
a  resort  for  smugglers  and  buccaneers,  it  was 
incumbent  on  the  Executive  to  put  them  aside, 
and  he  had  done  it.  He  was  glad  that,  on  thk 
point  at  least,  the  honorable  Speaker  agreed  with 
him.    [Not  at  all,  not  at  all,  said  Mr.  Ulay.] 

As  to  the  occurrences  of  the  war,  Mr.  S.  said 
we  had  some  reasons  to  complain  of  the  maaoer 
in  which  it  had  been  carried  on,  on  the  part,  of 
the  patriots.  One  of  the  causes  of  the  war  we 
lately  waged  with  Great  Britain,  was  the  system 
of  paper  blockades. .  By  the  laws  of  the  United 
States,  and  the  proclamation  of  Spain,  permitting 
the  trade  to  all  neutrals,  a  trade  was  open  to  as 
from  the  Rio  del  Norte  to  Mexico— and  had  been 
very  beneficially  carried  on  for  a  nimiber  of  years. 
But  Admiral  Brion,  a  patriot  commander,  had 
undertaken,  by  a  paper  blockade,  to  forbid  trade 
to  a  coast  two  thousand  miles  in  extent,  and  our 
vessels  daring  to  trade  there  were  thus  subjected 
to  capture— the  consequence  of  which  was,  that 
nobody  attempted  it  \  the  trade  is  given  up. 

Something  had  fallen  from  the  Speaker,  in  the 
course  of  his  remarks,  which  might  produce  an 
impression,  doubtless  not  intended  by  him,  tbat 
there  was  something  in  the  act  of  1817  which 
forbade  the  exportation  of  munitions  of  war. 
Nothing  of  the  kmd,  said  Mr.  S.:  on  the  contrary, 
our  vessels  consuntly  load  and  go  to  Buenos 
Ayres,  to  Chili,  to  Oronoke,  Ac,  and  there  is  no 
obstruction  whatever  in  their  way  on  our  statute 
book.  We  know  that  contraband  of  war,  bound 
to  one  belligerent,  is  liable  to  capture  by  another, 
and  we  run  the  risk ;  but  our  laws  never  have 
forbidden  that  trade.  While  ever  a  trade  is  open, 
the  merchants  of  the  United  States  will  pursue 
it,  whether  it  be  to  ports  of  Spain  or  of  tne  pa- 
triots ;  if  the  merchants  think  it  a  fair  trade,  ther 
will  pursue  it.  And  yet  the  Speaker  is  offimded 
because  we  pursue  a  little  trade  to  the  Spanish 
colonies.  Ifthe  ideas  of  the  Speaker  are  to  pre- 
vail, said  Mr.  S.,  that,  because  our  aflOsctions  are 
with  the  opposite  party,  we  shall  not  trade  with 
Spain,  what  would  now  be  the  price  of  flour? 
Instead  of  ten  dollars  per  barrel,  it  would  be  some 
five  or  six.  The  port  of  Havana  alone,  Mr.  S. 
said,  took  one-sixth  of  the  whole  of  the  floor 
shipped  from  the  United  States  for  foreign  eoa- 
sumption.  Previous  to  the  Freneh  Revelation,  v 
it  had  been  circuitously  supplied  by  the  produce 
of  this  country ;  but  from  rnteen  to  twenty  yean 
that  port,  one  of  the  most  iVnportant  inthewoiid, 
had  been  open  to  us.  And,  Mr.  S.  asked,  was  it 
a  crime  to  trade  there  ?  It  is  no  crime  to  trade 
wherever  the  laws  of  the  country  permit  \  it  is  aot 
only  no  crime,  but  it  is  honorable  and  useful  to 
the  country  to  open  a  new  trade  to  any  quarter ; 
and  he  trusted  it  would  not  be  long  bdTore  we 
should  have  another  trade  open  equafiy  benefieial 
as  any  we  have  heretofore  possessed,  d^s.  .  Mr. 
S.  concluded  by  some  general  remarks  on  the 
state  of  trade,  which  he  thought  as  good  as  we 
had  any  reason  to  expect  after  the  general  peace 
in  Europe. 


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1420 


HI8T0RT  Of  G0NaSB88. 


U60 


]KARCfl,  1818. 


Proceedings. 


H.  OP  K. 


A  diTision  of  the  qaestioo  bariig  been  oilled 
on  Mr^^  Clat'o  motioo,  the  quettion  was  taken 
on  so  moeh  of  it  as  proposes,  in  effeet,  to  repeal 
the  aei  of  1797,  and  decided  in  the  negative.  For 
the  aniendaient  67,  against  it  79. 
•  Mr.  Clat  then  wltbdrew  the  renainder  of  his 
proposed  atnendBient,  under  the  impression  that 
this  TOte  indicated  the  opinion  that  the  act  of 
1794  did  not  applf  to  the  existing  war;  and 
moTed  an  amendment,  the  effect  of  wnfoh  was  to 
repcMil  the  act  oC  1797,  and  the  second  and  third 
sections  of  the  act  of  1817. 

After  some  remarks  between  Mr.  For8yth  and 
Mr.  Clat,  af;atn8t  and  for  the  motion — 

The  question  was  taken  thereon,  and  decided 
in  the  negatiye.  For  the  amendment  63,  against 
it  65. 

lir.  Clat,  then,  understanding  these  yotes  as 
eridence  of  the  sense  of  the  Honse  that,  until  the 
Southern  independent  governments  were  recog- 
nised by  the  United  States,  they  could  not  be  by 
oar  courts,  and  therefore  that  commissions  issued 
by  those  goTemments  would  be  deemed  unlaw- 
foJ,  rose  to  move  an  amendment,  going  to  place 
the  Patriot  goyernments,  in  fact,  on  the  footing 
of  couallty,  on  which  it  was  the  declared  wish  of 
the  JSxecntiTe  to  place  them.  At  present  the 
Szecutiye  receives  their  flags ;  but  if,  when  they 
come  into  the  United  States,  those  sailing  under 
them  were  liable  to  be  prosecuted  as  pirates,  this 
injustice  should  be  obviated.  Such  was  the  ob- 
ject, he  said,  of  the  amendment  which  he  moved 
-to  add  to  the  bill  as  a  new  section,  to  this  effect : 

**  That  nnther  the  persons  nor  the  property  of  per^ 
floiii  tailing  under  the  flsg  of  any  colony,  diitrict,  or 
people,  in  amity  with  the  United  States,  should  be 
subfect  to  the  peaaltiee  attached  to  piracy  in  the  courts 
of  the  United  States,  for  or  on  account  of  the  Gorem- 
ment  of  tihe  United  States  having  omitted  to  acknowl- 
edged soTeieignW  and  independenoe  of  such  colony, 
distiicly  m  peofje.'^ 

It  being  late  in  the  day,  the  Committee  then 
rose  and  the  House  adjourned. 

TBunaoAT,  March  19. 

Mr.  JoBNaoH,  of  Kentucky,  from  the  Commit- 
tee on  Military  Affhirs,  reported  a  bill  for  the  re- 
lief of  Frederick  Brown ;  which  was  read  twice, 
and  committed. 

Mr.  JoBHBOif.  from  the  same  committee,  re- 

S[»rted,  without  amendment,  the  biU  from  the 
enate,  extending  the  time  for  obtaining  military 
land  wanants,  and  for  other  purposes^  which  bill 
was  ordered  to  a  third  reading  to-day,  and  read  a 
third  u'me  accordingly,  and  passed. 

Mr.  Tatlor  submitted  a  joint  resolution,  au- 
thorizing the  transportation  by  matl^  free  of  post- 
age, by  the  members  of  Congress,  of  the  docu- 
ments lately  commuaieated  by  the  President,  re- 
specting our  relations  with  SjNiin. 

The  resolution  was  twice  read,  ordered  to  be 
eDgfoased  for  a  third  reading  unlay,  and  subee- 
quentiy  read  a  third  time,  and  passed. 

On  motion  of  Bir.  Spbnoer,  the  Secretary  of 
State  was  directed  to  inform  this  House,  whether 


a  distribution  has  been  made  of  the  Jovniab  and 
documents  published  under  the  order  of  the  Set- 
ate  and  House  of  Representatives,  remctiveiy, 
pursuant  to  the  joint  re^lution  of  the  27th  of  De- 
cember, 1813,  and  what  further  provision  is  ne- 
eessary  to  insure  the  transmission  of  thft  said 
journals  and  documents,  according  to  the  said 
resolution. 

Mr.  Spbncbr  submitted  the  following  resolu- 
tion, wluch  was  read,  and  ordered  to  lie  oa  the 
table: 

Resolved,  That,  unlea  otherwise  speeiaBy  dfaeeted 
by  the  House,  six  hundred  copies  shall  be  struck  of 
all  sudi  matters  as  may  be  directed  to  be  printed,  ea- 

%  bills  and  smendmstits.  • 
lat  the  said  six  hundred  copies  shall  be  disposed 
of,  and  distributed  in  the  following  manner,  to  wit: 
Two  hundred  copies  shall  be  retained  in  the  printiBg 
office,  and  at  the  close  of  eaoh  session  be  dsyosed 
of  and  distributed,  conformably  with  the  prendooa 
of  the  resolution  of  the  37th  of  Dec,  1818     -    200 
The  remaining  four  hundred  copies  shall  be  de- 

Swited  by  the  printer  in  the  post-office  of  the 
ouse,  from  time  to  time,  ss  the  work  may  be 
executed,  pursuant  to  his  contract,  and  shall 
be  prompUy  diftributed  by  the  Doorkeeper  of 
the  House,  as  foUowi,  to  wit: 
On  the  desk  of  each  member  and  delegate,  one 


In  the  Speaker's  table 


use  of 


On  ^ 

On  the  Clerk's  table 

In  the  Clerk's  office        ... 

To  the  President  of  the  Senate,  for  the 
the  Senate   •       .       .       •       • 

To  the  President' of  the  United  States 

To  the  Secretary  of  State 

To  the  Secretary  of  the  Treasury      • 

To  the  Secretaiy  of  War 

TotheSeoretaiyoftheNafy  • 

To  the  Attomey  General 

To  the  Comnussioners  of  the  Na^  Board 

To  the  Auditofs  of  the  Treasury,  fire  eopiee 
each 

To  the  Comptroller  of  the  Treasury 

To  the  Register  of  the  Treasury 

To  the  Postmaster  General 

To  the  Commissioner  of  the  General  Land  Office 

To  the  Commissioner  of  the  Revenue 

To  the  Comnussioner  of  Claims  for  property 
Iost,dtc       ..-.-- 

To  the  Commissioner  of  the  Pidilie  Buildings 

To  such  foreign  Ministers  as  reside  at  the  Seat 
of  GoTemment,  or  Consuls,  in  case  of  no  res- 
ident Ministers,  two  each,  supposed  to  amount 
tonine        -       -       -       -       -       -    .  • 

To  the  publio  primer 

To  the  iiibrsrisn      ...... 

Hie  residue  to  be  bound  up^  at  the  end  of  the 
session,  to  be  deposited  in  the  Clerk's  office, 
as  heretofore 


187 

% 
S 

4 

60 
6 

a5 

6 
6 
6 
6 
5 

S6 
5 
5 
5 
5 
5 

2 
1 


18 

1 
S 


26 
600 


A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  passed  bills  of  the  foUowiag 
titles,  to  wit: 

1.  An  act  to  adjust  the  claima  4o  lots  in  the 
town  of  Vincennes,  and  for  the  sale  of  tha  land 


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filBIOaCF  Of  COHaRlBS. 


US2 


K.09EL 


Nmhral  S^aHwi. 


March,  1618. 


ayfiufrUol  ftt  a  eomum  for  the  use  of  the  iar 
hmtants  of  tha  said  town. 

2.  An  Mt  for  tht  relief  of  John  Bmnli. 

^  As  act  respeetinf  the  sonreyiag  and  aale  of 
ihe  faUie  lands  in  the  Alabama  Territory. 

4.  An  act  to  deihiT  the  expenaee  of  the  miUtta, 
m^MM  marehiag  to  placet  of  rendezrone. 

5.  An  act  for  the  relief  of  Ashael  Clark. 

^  Aa  aet  to  authorize  the  Seerctarf  of  the 
Tteaeory  to  repay  or  rtmit  eertatn  alien  duties 
therein  described;  in  which  bills  they  ask  the 
eancwrrf Me  of  thie  Hiwse> 

The  fiiet  and  third  meotkaied  of  the  Hid  biUs 
wei«i  reepeeti^eiy,  read  iwiae,  andfefereed  to  the 
Committee  on  the  Pablie  Lands. 

The  eecond  mentioned  of  the  said  bills  was 
read  twiee^  and  referred  le  the  Committee  on 
PMvaip  LeJid  Claims. 

The  foofffa  mentioned  of  the  said  bilb 


read  twice,  and  committed  to  a  Committee  of 
the  Whole. 

The  fifth  mentioned  of  the  said  hftls  was  read 
twice,  and  referred  iio  the  Committee  on  Military 
Afbirs. 

The  last  mentioned  pf  t|ie  said  tjlls  was  r^ad 
twice,  and  referred  to  the  Committee  of  Ways 
and  Mw^Fir*»f 

The  resplutipn  from  the  Senate.  ^*  directlna:  the 
distribatlon  of  the  laws  of  the  ionrteenth  Con- 
gress among  the  members  of  the  filteeath  Coin- 
gress,"  was  read  the  third  time^  a^d  passed  4e 
amended. 

THE  jamJTRAUTY  BOX. 

The  House  then  again  fesolYod  iaeV  into  a 
Committee  of  the  WUe,  on  the  hill  in  addiuon 
to  the  "Act  for  the  punishment  of  eentain  dimes 
against  the  United  Stales,  and  to  wyaal  the  acts 
ihorein  mentioned."  Mr.OLav's  meiieii  to  add 
a  section  exempiing  "vessels  sailing  under  4he  flags 
of  unreeegnised  goremmenis  enterieff  our  porte, 
iirom  the  penalties  of  piracy,  being  stiU  under  eon- 
^ideration — 

Mr.  Clay  declined  ta;king  qp  the  imp  ctf  tl^e 
Committee  ai^y  further  on  this  motion.  Qe  would 
4>nly  say,  that  I1I3  object  was  to  place  the  Patriot 
flag  on  precisely  the  sape  footing  la  our  ports^^ 
that  of  the  opposite  party.  He  disclaimed  any 
inteatien,  as  Jbe  kamf  d  was  pcesimed  hy  some. 
6f  paodticiig  kj  Ihi^  mo^ofi  aniodkec^  recoui- 
tien  of  &t»m  JmWQfm  independeniSfii.  WEen- 
erer  ihe  shoeM  hnng  |h|U  ^Mention  bafofe  the 
Moose,  as  he  assuredly  meant  to  do,  it  waald  be 
in  a  wav  open,  direet,  and  nnfUngunnn 

Mr.  F0B8TTB  oppooed  the  motion,  aad  eatceod 
into  earieiis  arguments  to  shew  Ihe  infeopiiet^ 
of  {daetog  upon  this  looting  1^  flags  of  neeem- 
menis  purporting  to  be  organized  and  independ- 
ent, which  might  hare  no  existence,  and  to  whom 
t)»re  could  be  no  appeal  for  the  misconduct  of 
those  actine  under  commissions  from  their  pre- 
tended auihority.  As  an  enunplc,  he  asentioned 
the  Mexican  Patriot  Government,  ef  whose Con»> 
flress  we  had  some  time  ago  heard,  and  which,  it 
had  been  reported  last  year,  had  passed  a  rote  of 
thanks  to  the  honorable  Speaker  tor  his  magnan* 


imous  esertiena  in  faror  id  their  canse ;  bnt  this 
Congress  had  sunk  into  obUTion,«nd  all  seaa- 
blanee  of  an  indenendent  gerernment  heeonae  ez- 
ttnet,  since  the  fiul  of  the  onfoniuoafe  Minn ;  also 
that  of  Venezuela,  whose  geremment  existed 
only  ia  the  camp  of  Bolifrar.  To  these  go?em- 
ments  these  ooald  be  no  resort,  as  they  could  net 
be  fenad,  and  therefore  coold  net  be  considesed 
f  emonsible^  though  there  were  numerous  cruisers 
sailing  under  commissietts  issued  by  them,  whieh 
might  commit  any  irregukrity,  and  eren  4e|m- 
date  upon  American  property,  without  onr  being 
able  to  appeal  to  those  granting  the  oomnusslona 
for  redress. 

Mr.  Clat  oiered  a  few  more  remarks  in  favor 
of  aa  ameadoaent,  whose  objects  he  thought  ao 
clear  and  proper.  As  to  the  vote  of  thanks  wUeh 
it  was  said  he  had  received  from  the  MfiZican 
Ceagress.  he  had  no  knowledge  of  it ;  but  of  sueh 
a  distine^eo,  if  it  were  so,  he  should  feel  prand. 
Ui  however,  said  Blr.  C,  I  have  deserved  such  an 
honor  from  the  patrtots  for  my  exertions,  I  sub- 
mit At  to  my  friend  from  Qmgia,  whether  Jie 
does  net  deserve  a  vote  of  thanks  from  the  eppo- 
fite  aarur,  for  hb  exertions  on  that  side  ? 

Mr*  T.  hL  NaLaoM  replied  to  Mr.  PonaYTB, 
and  disalaimed  any  views  in  the  votes  which  Jie 
gave  here,  ether  than  the  good  of  his  country  aad 
mankind.  He  was  unwitting  to  involve  his  eeem- 
try  in  waf  to  benefit  any  people  or  Ooveroment, 
but  he  would  not,  from  any  apprehension  of  war, 
be  deteiffed  from  doing  equal  justice,  and  partic- 
ularly when  his  feeliags  as  a  repuWicaD,  a  phi- 
lanthropist, and  a  chnstum,  impelled  him  to  wish 
success  to  every  struggle  for  liberty.  «ach  a  strug- 

51e,  as  bp  believed,  was  now  going  on  in  Sooth 
MH»e»0B^  Ht.  W>  said,  ^  amendment  propoaed 
wenld  mr9km  the  Vniied  States  vbl  no^oairel; 
it  sinnly  oOled  lor  die  pnetice  of  the  knmMiM 
MMtralitf  which  wn^  professed.  U  mouAd  net 
have  the  effect  of  screening  from  ppni^hment  de- 
predations on  American  property,  as  Mr.  Fon- 
STTH  had  apprehendea :  it  woold  merely  not  make 
the  punishment  depend  on  the  acknowledgment 
of  sovereignty.  The  persons  and  property  com- 
ing into  our  pores  under  the  Spanish  flag,  were 
not  liable  to  pnnishnaent  in  our  coiu^s,  end  ii  was 
tialthatt "       " 


not  unpartiaT  that  these  sailing  uadt^  the  flag  of 
the  Booth  American  patriots  sheold  be,  only  be* 
cause  their  independence  remained  nnackaewl- 
edged  by  onr  Government.  The  pe^  of  this 
coomry,  Mr.  N.  believed,  were  not  willing  to 
makeeo  flupmnt  a  difieraaoe  ia  ihvor  of  a  Qow- 
effnmentetSDs  intoleiant  to  the  claims  of  hnmaa- 
ity  towards  ito  colonies,  and  regnrdlem  of  the 
claims  of  justice  made  on  it  by  the  United  Bmtes. 
He  honed  the  amendment  would  he  agveed  to. 

Mr.  MinniinTOif  spoke  as  to  the  repoted  £ict  in 
the  trial  ef  a  case  of  capture  wJiiudicated  in  the 
district  court  of  South  Carolina,  referred  to  in 
the  debate. 

Idr.BMiTn,of  Maryland,  spoke,  to  show  that 
the  amendment  was  not  neceasary  to  the  correct 
adjudication  of  cases  coming  before  the  courts 
under  the  law. 

Mr^  Lowjinns  had  no  objection  to  the  olyect 


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1494 


BfABOB,  lB19w 


f9mtfal  ArMvem*. 


H.OVR. 


of  the  MieBdneiit*  \mt  tpck^  tome  time  to  show 
that  it  was  not  rafficieatly  definite.  It  would  be 
a  moasirous  iaioatice  to  subject  to  punish  meat 
iaditiduaJs  makinf  captures  and  bringing  them 
into  our  p<Hls,  uttder  the  flags  of  (JovefhTDents  so 
well  established  as  some  of  the  South  American 
Sutes— that  of  Buenos  Ayres,  for  instaaoe ;  but 
the  words  of  the  amendment  would  admit  Tessels 
under  any  flaC)  eTen  such  as  that  of  a  few  indi- 
Tiduab  who  should  assemble  on  the  obscure  island 
of  Jdan  Fernandez,  and  fit  out  their  cruisers.  It 
could  not  be  the  intention  of  the  House  to  permit 
captured  property  to  be  brought  into  our  ports^ 
and  their  regality  sanctioned  under  such  author- 
ity. In  these  eases  there  ought  to  be  either  an 
individual  or  a  national  responsibility;  in  the  ob^ 
seuire  and  unknown  establishments  to  which  be 
had  alluded,  this  resposibiKty  could  net  be  na* 
ticmal ;  then  the  responsiMlity  ought  to  apply  to 
the  inditidua].  It  was  said,  the  amendment  was 
to  apply  to  such  flags  as  were  admitted  by  the 
Bxecutfrey  and  not  to  such  as  were  excluded  by 
the  BxecutiTe ;  Mn  Lr.  denied  that  the  flxeeu-* 
tive  had  the  power,  either  by  the  Constitution  or 
by  law,  to  exclude  any  fiag  firom  our  ports->-that 
power  was  tesied  in  Congress  alone.  The  amend- 
ment would,  thereft>re,  recoffuise  the  flag  of  any 
countrr,  howerer  ephemeral  aad  thus  fp  to  de- 
stroy that  indiridual  responsibility  ibr  crimes,  in 
our  courts,  which  ou^ht  not  to  be  r^inquished. 

Mr.  Clat  had  noi%jeetioa  ^any  modification 
of  his  motion,  which  thoM  limit  its  application 
to  the  itt^pendent  States  ai  South  America,  and 
he  vhould  bare  inserted  such  words  himself,  had 
he  not  deemed  it  expedient  to  addM  the  precise 
language  of  the  law  of  last  session,  in  which 
ther^  was  no  designation  of  any  particular  States. 
He  iliAred,  howerer,  iVom  Mr.  Lownnas,  as  to 
the  power  of  the  ElecutiTe  to  exclude  any  flag^ 
he  bdicTed  the  President  had  that  power ;  but,  to 
settle  that  question,  he  had  no  objection  to  con- 
fer that  power  by  the  law.  and  let  him  decide 
what  flags  should  be  admitted,  and  thus  come 
under  the  amendment. 

Mr.  Tdoksb,  of  Tirgiaia.  moved  to  modify  the 
ameadmetit  to  r^ad  as  follows.  It  Would  not 
chan|e  the  effict  at  all,  but  only  the  hinguage ; 
aad,  if  adopted,  it  would  be  competent  for  the 
oourts  to  say  whether  any  flag  in  question  was 
that  of  a  coiony,  district,  or  people,  within  the 
meaning  of  the  section : 

**And  he  it  fottJUsr  enacted^  That  in  ptosecutiotis 
eiflier  agtmst  persons  or  property ,  sailing  under  the  flag 
of  any  coloKiy,  district,  orpeople,  which  shall  be  adteiftod 
iMo  the  ports  of  the  Unitsd  States,  it  dudl  net  be 
deaaMd  grsund  lor  the  punishment  or  eondemnatlon 
•f  audi  peissn  m  property,  that  the  soveteigaty  of 
mok  tolmn,  diattiety  ot  people^  has  not  been  adBao«4- 
edged  hf  the  Ooreraaient  of  the  Unitad  Saues." 

This  modification  was  accepted  by  Mr.  Cult, 
(and  asoented  to  by  Mr.  LowiiDfis,)  as  a  substi- 
tute fot  hts  motion. 

It  was  opposed,  ia  this  shape,  by  Messrs.  For> 
arm  and  BMrrB.  of  Maryland,  and  sunported  by 
Bfr.  TucKiR.  Mr.  SpiNonn  submtttea  Mme  re- 
iMrka  in  reply  to  Mr.  SiIitb,  on  ^  nattire  of 


piracy,  which  could  be  committed  widi-aawull 
as  without  a  commission,  dtc 

The  question  was  then  taken  on  Mr*  Clay's 
amendment,  as  modified,  and  carried — ayes  87. 

Mr.  FoRSTTB  then  said,  the  adoptioa  of  this 
section  went  to  authoriae  every  cokmy,  distiioi, 
or  people  whatsoet er,  to  issue  commlsBioas,  a«d 
to  recognise  such  commissions  in  our  pota*  He 
wished  that  the  section  might  be  confined  to  to- 
sponsible  Qorernments,  and  not  rocogoiso  any 
handfoi  of  men  who  might  imbody  and  issue 
commissions  to  capture  properly  on  the  hi^h  seas. 
He,  therefore,  moved  to  add  to  the  seotiou  the 
following  proviso  i 

^Prwfided,  That  the  ccdonjr,  district,  or  people  alM>- 
sald,  have  organised  an  etis^iig  indepenAmt  Oovehi* 
meat  at  the  time  of  the  eeauaiiskm  of  the  fM  of 
Which  the  persons  are  charged." 

Mr.  Clay,  after  waiving  the  Objection  of  order 
which  might  be  made  to  tnis  motion,  said  it  was 
improper,  because  it  would  require  too  tnueh. 
Teneznela,  for  example,  which  had  achieved  an 
imperishable  fame  by  its  noble  and  unparalleled 
exertions  in  the  cause  of  liberty — be  did  not  know 
that  this  State  was  actually  independent,  though 
it  so  well  deserved  to  be,  and  had  no  doubt  it 
would  soon  be— yet  the  flag  of  this  Qovemment, 
so  much  entitled  to  our  respect  and  admiration, 
would  be  excluded  from  our  ports  by  the  proviso. 

On  motion  of  Mr.  Tucksr,  of  Virginia,  the 
proviso  was  amended,  to  read  as  follows — ayes  85 : 

^PrwUeit  That  the  colony,  district)  or  people  alsra- 
said,  have  oiganlied  an  eadsdog  Govenuneat,  claiming 
to  be  independent  at  the  time  of  the  commission  of  the 
fact,  of  wluch  the  persons  are  oharged.** 

Mr.  FoRSYTB  moved  to  insert  the  word  ^  re-* 
sponsible,''  after  the  word  <' existiAg." 

Mr.  Clay  objected  to  this,  as  a  phrase  vagve 
and  uausaal.  applied  to  a  nation,  however  deftaiie 
aad  intelligible  anplied  to  an  individaaL  What 
was  a  respoasible  Government?  Some  might 
think  the  Qorernment  of  Spain  ics^f,  af  the 
adored  Ferdinand,  not  responsible.  It  was  a  terai 
of  too  doubtlbl  coastruction  to  be  proper  here. 

Mr.  Fdaarrn  said,  the  word  respaneible  ^tfU 
of  definite  iind  precise  meaning,  as  applied  to  na- 
tions or  individuals.  There  was  a  poftuniarf  re- 
sponsibility certainly,  but  the  Speaker  on^fSiocM 
perfectly  well  there  were  other  responslUlitiee, 
too,  with  respect  to  natioas.  His  wish  was  to 
permit  the  courts  to  ^udge  whether  «ha  €to?um«- 
ment^  claiming  to  be  f adepeadent,  was  so  eonsii- 
tvted  as  to  eaable  the  Uaifed  S«ates  to  aaake  it 
answerable  for  the  conduct  of  those  saiHag  under 
its  commission.  Before  the  end  of  the  pisfeaut 
session  of  Congress,  he  hoped  to  be  permitied  to 
show  to  the  Speaker  how  the  adored  Ferdioaad 
might  be  made  responsible  for  the  conduct  of 
Spain  to  the  United  States.  ^^ 

Mr.  Clay  expressed  his  thanks  for  thie  imr- 
matlon,  aad  the  pleasure  it  gave  him. 

Mr.  Fott8YTH*e  motion  was  lost,  and  the  pro- 
viso was  then  agreed  to,  as  modified  by  Mr. 
Tuocaa.  ^  ^„ 

The  Committee  then  rose,  and  reported  the  Mil 


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1436 


H.OPR. 


Ohio  QmietUd  Siee^um. 


March,  1818. 


andamelkdmeiiu  to  Um  House ;  which  were  laid 
on  the  table,  to  be  primed. 

OHIO  CONTESTED  ELECTION. 

The  Hooae  then  went  intoa  Coioiaittee  of  the 
Whole  on  the  report  of  the  Committee  of  £Uec- 
tioBs,  in  the  case  of  the  disputed  right  of  Mr. 
HiRRicK  to  his  seatj  in  consequence  of  haring 
foe  some  tin^e  after  his  election  held  the  office  of 
United  States  Attorney  for  the  district  of  Ohio. 
The. report  concludes  with  a  resolution  that  Mr. 
H*  is  entiiled  to  a  seat;  which  resolution  Mr. 
Adams  yesterday  moved  to  reyerse. 

Mr.  Anderson,  of  Kentucky,  said  that  his  re- 
flections on  this  subject  had  prodqced  a  result, 
Tffy  different  from  the  resolution  recommended 
by  ihe  Committee  of  Elections.  The  question 
presented  by  the  report  is  a  very  important  one; 
and  the  delicacy,  if  not  the  difficulty,  of  the  sob- 
jecx  is  very  mucn  increased  by  the  consideration! 
that,  not  only  the  seats  of  several  gentlemen  here, 
but  the  rights  of  their  constituents  are  involved. 
If  we  shall,  by  any  incorrect  decision,  declare 
that  these  seats  are  vacant,  we  shall,  indeed, 
deeply  injure  that  portion  or  our  fellow-citizens 
whose  power  we  destroy,  and  whose  voice  we 
silence  m  thjs  House ;  but  this  consideration  can 
only  promjpt  us  to  a  more  attentive  examination 
of  the  subiect,  when  it  is  remembered  that,  if  we 
admit  to  the.  councils  of  the  country  persons  who 
have  not  th6  required  qualifications,  we  inflict  a 
much  greater  injury  on  the  whole  body  of  the 
American  people.  There  is  nothing  more  highly 
ealcttlated  to  excite  the  jealousy  of  freemen,  than 
an  extension  of  the  power  of  legislating  over 
them,  to  those  to  whom  they  have  not  fmpart- 
ed  it. 

The  duty  which  we  are  now  performing  is 
imjKirtant,  but  fortunately  of  rare  occurrence. 
This  House  has  now  laid  aside  ito  ordinary  legis- 
lative character,  and  has  assumed,  under  the 
direction  of  the  Constitution^  the  functions  and 
powers  of  a  court.  The  solitary  case  in  which 
the  House  of  Representatives  assumes  the  judi* 
cial  character  i^  in  determining  ^the  election 
Mluras  and  qualifications  of  its  own  members." 
The  ultimate  cousistency  of  all  its*  other  acts 
with  the  Constitution  is  to  be  tested  by  another 
dqwrtment.  In  this  case  it  is  the  sole,  judge  of 
the  Aets  and  the  Constitution.  Its  exposition  is 
final  and  uncontrollable.  This  oonsideij^tion  im- 
pttiees  on  us  the  importance  of  tha  question,  and 
shows  the  necessity  of  giving  to  it  the  clearest 
examiiation*  And,  however  strong  our  personal 
feeling  might  be  to  wish  the  most  intimate  asso- 
ciation with  these  gentlemen  in  the  discharge  of 
our  duties,  however  much  we  might  rejoice  that 
the  nation  should  receive  the  benefit  of  their  ex- 
perience and  talents,  it  must  be  remembered  that 
we  can  neither  extend  nor  curtail  the  demanded 
Qualification.  It  is  known  that  he  must  rely  on 
the  last  member  of  the  sixth  section  of  tlie  Con- 
stitution for  the  exclusion,  which  he  expected  to 
establish,  which  declares  that  "no  person  holding 
any  office  under  the  United  States  shall  be  a 
member  of  either  House  during  bis  continuance 


in  office."  The  question  seems  to  depend,  by. 
unanimous  concession,  on  the  time  at  which  the 
representative  character  was  assumed.  Was  it 
on  the  4th  of  March ;  or  at  the  time  of  taking 
the  seat,  or  oath ;  or  at  what,  time  was  it  ?  To 
maintain  the  position  for  which  he  contended,  it 
must.be  established  that  the  individual  became  a 
representative  on  the  4th  day  of  Ma^ch,  the  com- 
mencement of  the  Congressional  term.  But  it. 
has  been  contended  in  the  answer  of  the  gentle- 
man.from  Massachusetts,  that  this  period  has  no. 
other  claim  to  dignity  tium  that  which  an  ordi- 
nary act  of  the  legislature  could  give  it,  and^that, 
consequently,  in  ffiving  construction  to  the  Con- 
stitution, we  could  not  assume  that  time,  in  pre- 
ference to  any  other,  as  the  beginning  of  the 
term.  If  the  fact  corresponded  with  this  state- 
ment, the  consequence  contended  for  could  not 
follow,  as  the  statute  would  have  been  in  neces- 
sary execution  of  the  Constitution,  and  as  indis- 
I>ensable  for  putting  the  Government  into  opera- 
tion as  any  clause  in  the.  original  instrument. 
But,  by  attending  to  the  facts  as  they  occurred, 
it  will  be  manifest  that  the  period  here  assumed, 
is  the  commencement  of  the  federal  year,  and 
that  nothing  has  been  fixed  with  more  solemnity. 
Th9  body  of  the  Constitution  does  not,  and  ii^ 
deed  could  not.  from  the  uncertainty  of  its  ever 
being  ratified,  oeclare  the  day  on  wfa^h  the  Gov- 
ernment should  take  effect.  But,  on  the  same 
day  on  which  the  Constitution  was  completed, 
the  Convention  still  sitting  in  its  public  charac- 
ter, with  all  the  powers  with  which  they  ever  had 
been  invested,  passed  a  resolution,  in  which  the 
mode  of  procuring  the  assent  and  ratification  of 
the  States  was  prescribed,  and  authority  was 
given  to  the  Old  Congress,  ^'  as  soon  as  the  Con- 
^  ventions  of  nine  States  had  ratified  this  Consti- 
'  tution,  to  fix  a  time  and  plac^  for  commencing 
*  proceedings  under  this  Constitution."  It  waa 
further  resolved  that,  after  the  requisite  elections 
had  taken  place,  all  of  which  were  therein  pro- 
vided for,  that "  the  Senators  and  Representatives 
should  convene  at  the  time  and  place  assigned,"., 
and  that  "  the  Congress,  together  with  the  Pre- 
sident, should,  without  delay,  prooceed  to  execute 
this  Uonstitution."  This  resolution  was  declared  . 
to  have  been  passed  "  by  the  unanimous  order  of 
the  Convention ;"  and  was  attested  by  the  Presi- 
dent and  Secretary.  It  will  readily  be  conceded 
that,  if  the  members  of  the  Convention  posseiMd 
the  power  of  framing  a  Con^itution,  they  as  cer- 
tainly possessed  the  means  of  providing  for  its 
execution.  The  time  for  beffinning  the  new  order 
was  of  necessity  submitted  to  some  body  whick 
should  have  existence  when  the  ratifications  of 
the  several  States  should  be  received.  And  these 
resolutions  had  in  truth,  and  in  public  eatimatioa 
too,  as  much  dignity  as  any  part  of  the  body  of 
the  instrument,  for  all  the  States  in  the  Union 
recognised  them  by  appointing  Conventions,  and 
Congress  did  discharge  the  duty  vested  in  them. 
On  the  13th  September,  1788,  information  having 
been  received  of  the  ratification  according  to  the 
required  manner,  Congress  executed  the  power, 
by  resolving  that  "  the  first  Wednesday  in  Marcli 


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Uabgh,  1818. 


Ohio  Contuted  ElecHm. 


ILorR. 


mezt  ht  the  time,  and  the  present  Seat  of  Con- 
greiB  the  plaee,*  for  commeiiciDg  proeeediogt 
under  the  ConttitotioD.''  And  the  Senators  and 
Repreeentatires  did  gire  final  execution  to  the 
original  reeolntton  bf  meeting  on  that  day.  The 
joornal  is  entered  in  the  first  volame  of  the  late 
edition  of  the  laws  of  the  United  States,  and 
eontaias  the  narratire  of  these  proceedings.  The 
fira  act  of  the  Senate  has  preelnded  all  qaestion 
as  it  regards  that  body,  as,  in  obedience  to  the 
third  section,  the  Senators  were  at  their  first 
meeting  diyided  into  three  classes,  and  the  seats 
ef  each  declared  vacant  at  the  expiration  of  two. 
foar,  and  six  years  respectirelyi  all  in  reference 
tothatdatf. 

Mr.  A.  said  he  should  not  have  devoted  one 
moment  to  prove  what  he  never  knew  before  to 
be  denied,  ir  it  had  not  been  seriotisly  urged  in 
the  answer,  that  this  day  had  been  assumed  as 
the  commencement  of  the  Congressional  year, 
only  by  an  act  of  ordinary  leg[islatioD,  and  that, 
in  any  dehate  on  the  construction  of  the  Consti* 
tution,  it  had  no  more  claim  to  attention  than 
any  other  period  of  time.  But  it  now  must  be 
manifest  that  this  day  has  been  fixed  with  a  cer- 
tainty and  solemnitv  which  would  forbid  the 
Legislature  from  declaring  that  Congress  should 
in  fature  uke  iu  date  from  any  other  period ; 
and.  indeed,  forbid  it  from  all  interference  on  the 
subject. 

In  examining  this  subject,  Mr.  A.  said,  he 
shoald  not  pursue  the  course  of  the  report,  but 
should  take  the  Constitution  solely  as  his  guide, 
and  expected  to  prove,  from  its  various  provi- 
sions, that  the  individual  elected  assumes  the 
character,  priviiMes,  and  responsibilities  of  a 
member  bdfbre  the  session  of  Congress ;  or,  in 
other  words,  that  they  are  not  dependent  on  his 
takiog  the  oath,  and  the  actual  occupation  of  his 
seat.  The  first  part  to  which  he  called  the  atten- 
tion of  the  Committee  was  the  first  member  of 
the  fifth  section,  which  declares  that  "a  majority 
of  each  House  shall  constitute  a  quorum  to  do 
business,  bat  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  be  authorized  to  compel  the 
attendance  of  absent  members.''  There  is  no  pre- 
tence ier  saying  that  this  has  not  reference  to  the 
irst  as  well  as  to  any  subsequent  session  of  Con- 
gnm.  Here,  then,  is  the  plainest  evidence  that 
a  person  elected  may  be  a  member  of  the  House 
bdere  he  has  appeared  and  taken  his  seat;  be- 
fore he  has  presented  himself  to  the  House;  be- 
fore he  has  given  any  formal  acknowledgment 
of  iu  authority;  even  before  he  has  given  the 
least  signification  of  his  acceptance,  there  is  im- 
posed on  him  the  responsibility  of  a  member. 
Bo  k  bound  to  attena;  and  his  disobedience 
would  be  punished  by  adequate  penalties.  The 
operatioo  of  this  clause  may  seem  highly  penal ; 
it  may  seem  harsh  to  impose  such  obligations  on 
a  citizen  who  has  manifested  no  unwillingness 
to  incur  them.  That  the  language  of  the  section 
is  plain,  would  be  an  ample  answer  to  any  com- 
phUnt  of  supposed  hardships;  but  it  is  evident 

•KewTerfc. 


that  the  grant  of  such  a  power  was  essential  to 
keep  alive  the  two  Houses  of  Congress.  It  would 
have  been  idle  to  have  created  a  legislative  body, 
without  ffiving  to  the  attending  members  the 
power  of  coercing  the  attention  of  absentees, 
and  thereby  of  preserving  its  own  existence. 
But  this  could  be  done  in  no  way  but  by  impos- 
ing on  the  nersons  elected  the  character  and  ob- 
ligations or  members. 

This  section,  then,  completely  establishes  the 
position,  that  persons  elected  may  be  Senators  or 
Representatives  before  their  appearance.  To 
what  period  of  time,  then,  can  the  beginning'  of 
their  public  character  be  referred  ?  To  none  but 
the  commencement  of  the  term.  If  Congress 
had  been  convened  on  the  1st  of  June,  the  same 
power  would  have  been  possessed  to  compel  the 
attendance  of  those  who  were  absent ;  and  such 
would  have  been  the  case  at  any  meeting  after 
the  3d  of  hfarch.  Hence,  to  his  mind  the  con- 
sequence was  resistless,  that  if  the  individual  has 
been  chosen  by  the  people,  and  the  time  has  com- 
menced, he  is  a  member,  and  is  subject  to  all  the 
penalties  and  disabilities  of  one.  It  has  been 
thought  by  some,  that  the  person  elected  could 
not  M  a  Representative  unless  he  had  given  some 
formal  evidence  of  his  acceptance ;  but  this  sec* 
tion  entirely  destroys  that  idea.  So  far  from  re- 
quiring any  formal  acceptance  of  the  votes  of 
the  people,  to  subject  him  to  the  call  of  the 
House,  we  see  that  even  a  failure  to  attend  is  not 
considered  sufficient  evidence  of  non-acceptance 
as  to  rescue  him  from  its  power.  The  clear  in- 
ference, then,  is,  that  when  an  individual  of  the 
requisite  age  and  citizenship  has  been  elected,  he 
is  a  member,  unless  he  gives  positive  evidence  that 
he  refuses  to  accept.  And  it  is  not  believed  that 
any  inconvenience  can  result  from  this  section, 
so  necessary  to  the  existence  of  Congress,  as  the 
cases  have  never  yet  been  disclosed  in  which  the 
votes  of  the  people  were  thrown  upon  a  gentleman, 
unless  it  was  with  his  acquiescence,  and,  gener- 
ally, at  his  most  earnest  entreaty ;  and  no  mis* 
chief  can  in  any  wav  arise,  as  the  person  may 
easily  release  himselr  from  the  pains  by  renounc* 
ing  the  honors  of  a  Representative. 

Before  he  proceeded  to  test  the  consuuetion 
contended  for  by  his  adversaries,  by  the  other  pro- 
visions of  the  Cfonstltution^  it  was  necessary  that 
he  should  examine  a  position  assumed  by  them, 
and  urged  with  great  confidence,  one  whleh  was 
rejected  by  the  Committee  of  Elections,  but 
seemed  to  be  relied  upon  as  the  main  ground  of 
defence  in  the  printed  answers  of  the  gentlemen 
from  Massachusetts  and  Ohio,  f  Messrs.  Houfie 
and  HnnnicK.)  They  rested  tneir  defence  to  a 
seat  in  this  House  on  the  distinction  between  the 
words 'S^presetttolioet  and  membcrt."  The  clause 
which  produces  the  exclusion  in  this  case  says, 
that  ^  no  person  holding  an  office  under  the  Uni- 
ted. Stttes  shall  be  a  member  of  either  House 
during  his  continuance  in  office."  And  the  whole 
course  of  the  arffument  of  these  gentlemen  is 
founded  on  the  aumission  that  they  were  repre- 
sentatives from  the  commencement  of  the  term; 
but  they  contend  that  they  were  not  members 


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mSflX^BS  OF  OOKaBBSS. 


1440 


B.orB* 


Okh  QmttHed  J&9cHm. 


Mab€h»  1818; 


QBtil  tite  oach  was  admtnistered,  tod  the  Hovse 
was  organized,  and,  of  coarse,  were  not  embraced 
whbiD.tiie  exclasiOD.  For  this  coostraction  they 
have  conteoded  with  such  zeal,  as  to  demonstrate 
that  in  their  opinion  the  whole  question  turns  on 
this  point.  To  ascertain  the  correctness  of  this 
bold  and  noyei  idea,  he  had  im|K>sed  on  himself 
the  trouble  of  a  yerW  and  critical  ezamination 
of  the  whole  Constitation ;  and  he  now  felt  the 
confident  conviction  that  it  was  not  correct.  The 
word  "members"  is  used  in  various  places  to 
coovef  the  same  roeaninff  which  is  expressed  by 
the  words  ^  senators  and  representatiYes  f  thejr 
are  used  indiscriminately  throuffhout  the  Consti- 
tution. The  clause  on  which  he  bad  comment- 
ed  spoke  particularly  of  members  in  reference  to 
a  time  before  they  had  appeared,  and  belbre  the 
House  was  convened ;  it  save  the  power  of  call- 
ing  the  ** absent  members'*  to  produce  an  oraan- 
ization  of  the  House^  the  very  fact  which  these 
gentlemen  contend  is  necessary  to  eonstitute  a 
member.  But  it  is  used,  ^neralty,  to  prevent 
eivcumloctttioii,  as  a  collective  word,  embracing 
the  constituent  individuab  of  hck^  Houses, 
Wherever  a  section  is  introdoced  in  the  Consti- 
tution, giving  powers,  or  imposing  duties  on  the 
members  of  both  Houses,  that  word  is  used  to 
supersede  the  necessity  of  two  sections,  which 
would  nave  been  otherwise  neeessar^r*  It  would 
«ot  only  have  been  prolix,  btit  very  inelegant  to 
have  prescribed  the  powers  and  duties  of  the 
Senators,  and,  immediately  afterwards,  to  hare 
introduced  a  section,  similar  in  all  respects,  de- 
clarii»g  the  powers  and  diuies  of  Representatives. 
This  prolixitv  and  inelegance  has  been  avoided 

Sr  the  use  or  a  word  equally  applicable  to  both, 
ot  so  strong  was  the  reliance  which  had  been 
placed  in  this  construction,  that  he  had  be^i  in- 
duced to  examine  the  letters  of  the  Federalist,  to 
ascertain  whether  it  was  rendered  plausible  by 
any  notice  or  commentary  there ;  but  he  ibnnd 
that  in  the  work  the  word  "members"  had  been 
employed  in  more  than  twenty  cases,  in  reference 
to  the  persons  elected,  before  the  meeting  of  the 
Congress  for  which  the^  had  been  elected.  In 
one  remarkable  instance,  in  the  case  of  the  clause 
now  under  cmsaderatioD;  the  authors,  in  stating 
the  operation  of  it  for  another  purpose,  say  that 
the  "  Senators  and  RepreseatatiTes"  are  excluded 
from  office,  thereby  substituting  those  words  for 
the  one  which  is  really  used,  showing  mostckar- 
1 V  that  they  considered  them  as  synonymous,  end 
that  the  distinction  now  urged  was  not  suggested 
to  them.  It  may  be  said,  as  this  question  did  not 
form  the  particalar  sa^ect  of  consideration  in 
any  of  these  celebrated  tracts,  that  no  definition 
there  imposed  should  have  the  weifht  of  an  au- 
th<Nrity.  He  said  he  did  not  use  it  mr  the  author- 
ity of  their  opinion,  but  he  used  it  for  the  author- 
ity of  the  fact,  that  it  was  impossible,  if  the  dis- 
tinction between  these  words,  as  now  contended 
for,  had  been  taken  in  the  Convention,  that  Mr. 
Madison  and  Mr.  Hamilton,  who  took  an  active 
part  in  all  its  proceedings,  should  so  soon  have 
forgotten  it ;  should  so  soon  afterwards  have  ttted, 
as  synonymous,  words  between  which  they  had, 


a  few  months  before,  created  such  an  imf^rtanik 
diffisrence.  He  said  he  could  not  have  much  con* 
fidence  in  a  construction  which  had  not  occurred 
to  any  one  for  neHrly  thirty  years.  He  asked  tbA 
whole  Committee,  he  asked  each  member  iadU 
vidaally,  if  the  thought  hid  ever  occurred  to  hkn 
that  he  was  a  Represenutive  from  the  com^ 
mencement  of  the  term,  but  not  a  member  of 
Ccmgress  until  the  House  was  organized?  The 
idea  was,  then,  surely  fallacious,  and  the  authora 
of  it  entitled  to  nothing  but  the  high  merit  of 
inffenuity  and  noveltyr 

The  sixth  section,  which  declares  tbet  "SooaFt 
<  tors  and  Representatives  shall  in  all  eases,  ex« 
*  cept  treason,  felony,  and  breach  of  the  peace,  be 
'  privileged  from  arrest  during  their  atfenduce 
'at  the  session  of  their  respective  Houses,  and  in 
'going  to  and  returning  frotan  the  same,"  fur* 
nishes  a  case,  in  which  the  privilefesof  uRene* 
sentative  are  thrown  over  the  individanl  before 
he  takes  the  oath  of  office.  This  exemptkm  pie* 
cedes  the  very  facts  which,  the  report  centeMS) 
are  neeessMry  to  constitute  the  Representative. 

In  perfect  cdneidenee  with  these  two  daimm 
is  the  first  section,  article  second,  which,  pre* 
scribing  the  manner  of  appotntipg  a  Prestdent^ 
says  that  ^  no  Setudor  or  SepretetiMive,  or  pcif 
son  holding  any  office  under  the  United  Sinte% 
shall  be  appointed  an  elector."  This  sctttelMe 
surely  embraces  the  case  of  a  Representative^  u 
well  before  as  after  he  has  taken  his  seal.  The 
reason  of  the  exclusion  is  plain,  and  we  shsuld 
deprive  the  clause  of  half  its  operation,  if  it  was 
restricted  to  the  period  which  occurs  afker  the 
member  has  taken  his  seat.  Bat  notwithetanding 
this  interdiction,  if  the  constructioo  of  the  report 
be  correct,  a  member  of  Congress  asay,  befeie 
the  session  commences,  act  as  an  decflor*  Surelj 
we  should  not  rashly  admit  a  construction  wkkk 
would  enable  all  who  have  been  elected  to  Con- 
gress to  serve  as  electors  during  that  whole  period 
of  time  between  March  and  Uecember;  but  this 
result  must  follow,  if  the  person  eleeted  is  not  a 
Represenutive  until  he  appears  and  takes  hii 
seat,  for  it  is  the  Representative  only  who  is  tlie 
disqualified  person ;  and  if  that  character  has  md 
attached  itself  to  him  he  is  under  no  disquaMAofr' 
tion,  and  can  be  an  elector.  One  rensoa  which 
caused  the  Convention  to  disqualify  nMnben  of 
Congress  from  serving  as  eieetars  was,  thaC^  in 
the  event  of  an  equil  number  of  votes  between 
any  two  candidates  for  the  Presidency,  the  Pre- 
sident is  to  be  chosen  by  the  House  of  Bepreeeft- 
utives.  That  the  same  individual,  thna,  may 
act  and  vote  as  an  elector,  and  inaiew  w^oIb 
afterwards,  in  the  e?ent  of  a  tie,  may,  on  this 
floor,  again  vote  for  the  President,  is  the  prepee- ' 
teions  and  frightful,  but  certain  consequenoe  of 
the  ffentiemea^  doctrine.  If  we  assent  to  the 
position  assumed,  there  b  no  mode  of  eztrteniinig 
ourselves  from  the  difficulty;  bat  if  we  were 
only  reduced  to  the  alternative  of  ascribing  theae 
consequences  to  the  Constitution,  or  to  the  report, 
the  gentiemen  must  pardon  him  if  he  theugibt 
they  were  entitled  to  the  preference. 

The  second  section  of  Art.  1  says  that  no  per- 


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BB9T0R7  OF  GONQRlSa 


U4SI 


Mamh,  1818. 


Okio  Qmteftei  Ehctumk 


IhowTU 


aon  BkM  be  "a  RepreseoUtife  who  shall  not 
hftYe  altaioed  the  age  of  twenty-five  years,  and 
have  been  seven  years  a  citizen  of  the  United 
States."  If  the  idea  is  correct  that  no  one  can 
be  a  Representative  before  the  oath  is  taken,  then 
this  requisition  is  complit  d  with,  if  the  age  and 
citizenship  be  attained  at  any  time  before  the 
meeting  o(  Congress.  This  may  seem  at  first 
'  reasonable  enough,  as  there  is  no  official  dnty  to 
be  performed  in  wnich  wisdom  or  experience  is 
required  before  that  time;  bat  the  consequence 
wonid  be  ludicrous,  as  it  makes  the  eligibility  of 
the  person  choeen  depend  on  the  time  of  year  at 
which  Congress  meets.  If  Congress  is  convened 
in  the  Spring,  he  is  not  eligible ;  if  it  is  postponed 
until  December,  the  age  is  obtained  and  he  takes 
his  seat. 

Tha  farther  mult  follows,  that  in  this  way  you 
give  to  the  President  the  power  of  conferring  or 
withholding  the  eligibility  of  the  individual!  as 
he  can^  by  convening  Coagresa  at  an  earlier  .day 
than  the  usual  one^  deprive  him  of  the  qualifica- 
tion which  he  would  have  atuined  in  a  few 
months.  Unless,  indeed,  you  push  the  conse- 
quence still  farther,  and  contend  that,  as  he  is 
not  a  Repreeentative  until  he  is  sworn,  he  may 
postpone  that  period^  and  be  still  eligible  and  take 
his  seat,  if  he  attains  the  required  age  at  any 
time  before  the  expiraiioo  of  the  term.  But  cer- 
tainly the  qualifications  of  a  member  cannot  de- 
pevtd  on  these  varioua  contingencies.  The  requi- 
sition must  not  rest  on  anything  so  uncertain  at 
the  meetings  of  Congress  or  the  will  of  the  Pre- 
sident. His  opinion  was^  that  the  person  elected 
must  be  qualified  to  serre  on  the  4th  day  of 
Biaroh — the  day  on  which  he  is  liable  to  be 
called. 

It  must  now  be  obvious  that  this  case  comes 
within  the  letter  of  the  Constitution;  and  he 
would  not  very  readily  assent  to  a  doctrine  which 
would  support  the  idea  that  we  should  disregard 
a  case  which  was  plainly  within  the  language  of 
the  rule,  merely  because  we  did  not  see  the  rea- 
sons of  its  introduction.  We  expound  the  rule, 
but  cannot  extend  or  restrict  it.  We  bear  the  same 
relation  to  the  Constitution  which  the  Judiciary 
does  10  the  statute.  A  judge  cannot  refuse  to 
give  effect  to  a  law  because  he  cannot  discover, 
on  if  he  discovers,  does  not  approve  the  reasons 
of  its  enaction.  But  here  the  letter  so  strictly 
coaesponded  with  the  intention  of  the  Conven- 
tion, that  he  readily  submitted  his  ooastruction  to 
tJiia  favorite  test. 

It  has  been  said  in  the  report,  without  anj 
qualification,  that  there  was  no  reason  for  his 
exDOsiiion;  that,  as  the  office  must  be  resigned 
batore  the  seat  was  taken,  no  aiisehief  could 
arise  from  permitting  the  individual  to  hold  the 
office  after  hU  eleetion,  until  the  meeting  of  Con- 

Kess.  So  strong  was  his  conviction  of  its  fal- 
MFi  that  on  it  he  would  rest  the  question. 
From  the  language  of  the  Constitution  and 
the  order  of  its  arrangement,  it  is  manifest  that 
the  Cramets  had  a  general  design  of  separating 
the  powers  of  government.  This  general  design 
was,  however,  violated  in  several  excepted  oases, 
1 5th  Cojr.  1st  Sjsss. — 46 


in  some  of  which  the  powers  of  two  dfpMt^ 
ments  were  vested  in  the  same  person,  and  iui 
others,  those  of  one  divided  between  two.  Every^ 
rule,  however,  on  this  subiect,  directs  u&  to  give 
a  construction  which  would  promote  the  ^neral 
rule  in  preference  to  one  which  would  extend 
the  exception.  It  is  probable  that  the  idea  held 
out  in  the  report,  that  no  mischief  could  flow 
from  its  construction,  arises  from  the  fact,  thajt 
those  who  have  examined  the  subject  have  a^* 
tended  exclusively  to  the  Representative;  and 
when  they  have  failed  in  discovering  any  hiai 
which  could  influence  his  legislative^cts  after 
his  office  was  laid  aside,  saw  no  reason  for  a  dij^ 
ferent  o[|inion.  But  if  they  will  for  a  moment 
cast  their  thoughts  towards  the  President^  aa 
whose  will  this  office  has  been  held  sinca 
March,  reflect  on  the  inducement  which  might 
Influence  him  to  retain  the  favor  of  this  officefi 
who  is  a  member  of  Coneress ;  recolleot,  f|rthar^ 
that  this  officer  Is  a  memoer  of  the  only  trib^oai 
which  can  bring  the  President  to  punishmeai^ 
and  you  would  see  ample  reason  for  his  construon 
tion.  Is  there  not  a  most  powerful  motive  on  tka 
President  to  refrain  from  dismissing  that  mpn 
from  office  who  he  knows  will  be  an  influantial 
member  of  the  House  of  Representatives,  thei 
only  body  which  can  ever  bring  him  to  a  trial? 
Will  a  President  dare  to  displace  that  officeir^ 
whatever  be  his  negli^nce  or  infamy,  who  ia  a 
few  months  will  be  in  a  seat,  in  which  he  oaA 
expose  his  misdeeds  or  move  bis  impeachioentt 
It  was  intended  that  the  Chief  Magistrate  should, 
have  the  most  perfect  independence,  not  only  ift 
appointing,  but  in  retaining  officers  in  the  public 
service ;  but  here  we  defeat  the  object,  by  eipoa- 
iog  him  to  the  strongest  temptation  to  retain  a« 
incompetent  officer.  The  Constitutional  inde- 
pendence of  the  President  is  commuted  for  a  oo^ 
rupt  and  illegal  dependence  on  the  creature  of 
his  own  will.  Reflect  on  the  incongruous  state 
of  things  which  you  produce,  when  an  individuaJt 
is,  in  one  character,  the  tenant  of  an  office  at  thii 
will  of  the  President,  and  in  his  other,  his  prose- 
cutor, if  in  this  House,  or  his  judge  if  in  tha 
Senate.  I  will  propound  to  you,  Mr.  ChatnnaAj 
said  Mr.  A.,  the  simplest  question,  which  wiH 
show  the  feelings  and  the  oondunt  of  any  oMMik: 
If  you  had  an  important  auit  now  dependiag  in 
the  Supreme  Court,  and  one  of  the  Judges. held 
a  profitable  private  agency  at  your  disposal,  diM^ 
you  to  displace  him  before  that  suit  waa  txiad'l 
And  if  you  had  firmness  to  dare,  would  ha  haina 
virtue  enough  not  to  remember  it?  If  yoa  adapt: 
my  construction,  we  shall  neither  expose  you  or 
the  judge  to  such  temptation. 

But  the  strongest  view  of  this  mischieveua 
construction  arises  from  the  fact,  that  if  a  person, 
can,  after  the  4th  of  March,  hold  his  office  aad 
discharge  new  duties  every  day,  he  may  be  ap- 
pointed to  any  new  office,  and  still  be  eligible,  if 
he  resigns  before  the  meeting  of  Congress.  This 
consequence  has  not  been  aiKi  cannot  be  denied* 
In  principle  there  is  no  difference  between  holdf 
ing  and  discharging  the  duties  of  an  officer  afiar 
the  election  to  whi^  the  individual  has  beeapff* 


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HBRORY  OF  G0MOBBS8. 


U4A 


H.orR. 


Olio  Omtetited  Electum. 


Makoh,  1818. 


riemff  appointed,  and  reeeiriDf  a  commission 
for  any  otner.  and  performing  its  duties.  No  one 
has  been  so  disingenuous  as  to  attempt  to  show 
any  distinction.  By  appointing  an  applicant  for 
office  who  is  in  the  next  Congress,  the  President 
gains  a  friend  and  an  advocate ;  by  refusing,  he 
makes  an  enemy ;  and  do  you  not  belieye  that 
be  will  alwajrs  be  preferred,  who,  in  his  appiica- 
lion,  can  make  the  offer  of  his  favor,  or  menace 
tbe  Brecutive  with  his  enmity,  before  one  whose 
favor  and  enmity  would  be  alike  disregarded? 
With  the  multitude  of  offices  in  the  Executive 
hands,  it  %)av  safely  be  asserted  that  a  corrupt 
Pretioent  could  never  be  brought  to  punishment. 
It  is  idle  io  expect  that  his  patronage  can  ever  be 
ksaened  in  this  countrjr-  His  powers  are  at  this 
moment  in  a  most  rapid  state  of  accumulation, 
the  inevitable  consequence  of  our  increasing 
wealth,  population,  and  prosperity.  And  if  ever 
Toa  ef  pect  to  decrease  these  powers,  you  must 
iestrdy  the  commerce  of  the  ocean,  you  must 
lay  waste  the  lands  of  the  West,  you  must  col- 
lect your  revenue  without  officers,  and  create 
offices  without  salaries. 

It  may  be  said  that  the  rewards  which  could 
be  offered  would  be  too  small  to  operate  as  a 
bias^  inasmuch  as  the  utmost  would  be  the  pos- 
aeision  of  an  office  for  a  few  months.  But  this 
eansot  be  urged  with  effect,  as  it  would  only 
•how  that  the  influence  was  not  as  great  as 
might  be  in  other  cases;  it  is  the  existence,  and 
not  the  degree  of  the  influence  which  is  regarded. 
Am  office  of  the  emoluments  of  one  hundred 
dollars,  and  of  the  duration  of  nine  months,  fills 
(he  language  and  the  intention  of  the  Constitu* 
tion  as  completely  as  one  of  the  emoluments  of  a 
million,  or  the  duration  of  a  life.  In  many  cases, 
however,  the  profits  of  offices  in  the  Executive 
gift,  even  for  that  period,  were,  as  he  believed 
gentlemen  would  be  willing^  to  admit,  of  some 
consideration.  The  salary  of  a  foreign  minister 
for  nine  months  is  nearly  (jpffiOO ;  of  the  Secre- 
tarlet  of  the  Departments,  ot  some  of  the  collec- 
tors of  the  ports^  and  manv  other  officers,  nearly 
M,000;  and  of  several  nundred  offices  in  the 
United  Sutes  from  one  to  three  thousand  dollars. 
All  this  is  shown  in  the  Red  Book  now  on  your 
tabu.  These  are  sums  which  gentlemen,  unless 
llwy  valued  money  much  less  than  he  did,  would 
be  ui willing  to  surrender.  No  man  who  has  been 
Moently  dismissed  from  oflke  can  come  into  this 
**>  Booee  without  angry  feeliuffs  towards  that  offi- 
oer  who  dismissed  him,  and  the  President  will 
always  know  this  too  well  ever  to  produce  them. 
The  report  now  before  us  shows  that  a  state 
of  things  may  easily  occur,  in  which  a  timid 
Ptetident  would  fear  to  exercise  his  power  of 
dismissal.  In  these  tranquil  times,  when  the 
Chief  Magistrate  of  the  nation  receives  the  al- 
most unanimous  approbation  of  his  countrymen, 
my  apprehensions  may  not  be  realized ;  but  if 
ever  political  conflict  should  come  again,  and 

F titles  be  nearly  equal  in  this  House,  would  any 
resident,  but  the  one  most  strong  in  virtue, 
dare  to  dismiss  from  lucrative  appomtments  as 
many  as  ten  officers,  who  were  soon  to  take 


ther  seats  as  mjpmbers  of  Congress,  and  whom 
he  therebv  drew  from  the  list  of  his  mdherenu, 
and  addea  to  his  enemies?  He  would  not,  how- 
ever negligent  or  flagitious  they  might  be.  The 
observations  which  he  had  made  applied  with 
equal  force  to  the  Senate,  as  the  seat  of  a  Sena- 
tor similarly  situated  depends  on  the  same  sec- 
tion. But  when  it  is  remembered  that  in  all  cases 
of  the  impeachment  of  a  civil  officer  one-third 
of  that  body  can  produce  an  acquittal,  we  can 
readily  see  a  strong  inducement  in  tbe  President 
to  refrain  from  any  injurious  treatment  towards 
a  member  of  the  Senate.  So  long  as  he  can  by 
his  virtues  or  his  vices  secure  fourteen  Senators, 
he  is  beyond  the  control  of  the  people  or  the 
power  of  punishment.  May  not,  tnen,  cases 
occur,  in  woich  the  votes  of  one,  two,  or  three 
men  would  be  so  important,  as  that  they  woald 
be  permitted  to  retain  their  offices,  or  new  ones 
be  given  them  after  their  election,  with  the  sole 
view  of  securing  their  votes?  It  cannot  be  ob- 
jected that  it  is  unfair  or  unwise  to  argue  from 
the  supposition  that  a  President  is  capable  of  cor- 
ruption ;  the  Constitution  itself,  which  gives  the 
power  of*  impeachments,  and  contains  various 
guards  against  the  corrupt  passions  of  man,  war- 
rants the  idea.  It  would,  indeed,  be  unpardon- 
ably  puerile  to  act  on  the  supposition,  that  the 
future  officers  of  this  Government  would  not 
have  the  same  propensities  and  feelings  which 
God  had  given  to  man  since  the  creation  of  the 
world.  If  this  argument  only  suited  extreme 
cases  he  would  at  once  surrender  it  $  we  must  act 
for  man  as  he  is  formed;  we  cannot  fashion  htm 
by  the  standard  of  an  angel. 

In  this  way,  too,  the  Constitutional  sanction 
of  the  Senate  would  be  evaded,  as  the  President, 
by  appointing  an  individual  to  office,  who  he 
knows  will  resign  at  the  meeting  of  Congress, 
thereby  increases  his  patronage  by  the  necessity 
of  another  appointment,  and  multiplies  the  cmses 
in  which  offices  are  held  by  individuals  whoae 
qualifications  have  not  been  tested  by  the  Senate. 

Other  suggestions  might  be  made  on  this  sub* 
ject  which  would  tend  to  warrant  my  view; 
but,  althouffh  considered  singly,  they  would  not, 
and  probably  ought  not,  to  form  the  basis  of  an 
opinion,  all  conduce  to  the  same  end.  In  all 
cases  of  doubtful  import,  public  sentiment  and 
general  practice  cannot  oe  wholly  disregarded ; 
he  now  referred  to  the  laws  of  Congress,  giring 
the  privilege  of  franking  letters,  and  an  exemp- 
tion from  militia  duty,  and  the  practice  under 
them.  It  is  believed  that  a  universal  sentiment 
has  prevailed  that  they  attached  to  the  member 
before  he  took  his  seat;  and  it  would  not  be  haz- 
ardous to  venture  a  conjecture,  that  the  enjoy- 
ment of  them,  in  all  the  present  cases,  had  not 
been  postponed  until  the  oath  was  administered. 
If  it  should  be  urged  that  this  practice  had  been 
tolerated  in  silence,  without  objection  or  discas- 
sion,  and  of  courKe  was  not  entitled  to  the  weight 
of  an  authority;  he  replied,  that  this  circum- 
sunce  gave  the  highest  evidence  of  the  nnivemal 
opinion  that  it  was  right.  There  is  no  subject 
on  which  the  people  are  so  sensitive,  none  on 


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HISTOBT  OF  CONOBESS. 


1446 


ILuroii,  iai8. 


Okio  OmtetM  BleOion. 


H.orR. 


Wbwk  popular  jetloiuy  is  so  qcikk  tad  liyelv,  as 
in  relation  to  exeJasiye  pririleges;  and  tbe  least 
acttmpton  the  part  of  a  person  elected  to  enjoy 
aja  exemption,  before  the  laws  ^ye  it  to  him. 
woald  hare  e zeited  immediate  eommotion  ana 
t^ieetion. 

The  President  executes  his  authority  very  fre- 
qnentijr  of  eonyening  Congress  before  the  ordi- 
nary tune,  and  it  Is  not  belieyed  that  any  diffi- 
eolty  has  eyer  occurred  abont  the  address  of  his 
pfociamation  to  the  "  Senators  and  Representa- 
tive^'' although  they  have  never  yet  taken  the 
oath,  or  given  any  fonnal  evidence  of  acoept- 
aoce.  They  have  invariably  obeyed  the  sum- 
mons as  thev  were  bound  to  do,  tmkm  they  re- 
mgnedf  under  no  other  construction  could  the 
proelanuition  have  any  effect.  If  the  Represen- 
tative would  not  resign,  and  the  obligations  of  a 
member  were  not  imposed  upon  him  so  far  as  to 
make  it  his  duty  to  ooey  the  mandate,  Congress 
eould  not  be  convened. 

An  opinion  has  been  held  by  some,  that  the 
aitttatioa  of  these  gentlemen,  and  that  o^  a  jadg^e 
who  had  received  the  appointment  of  the  Presi- 
dent and  Senate,  but  who  had  not  yet  taken  the 
oath  c0(cuK  were  similar ;  and  they  contend  that 
in  neither  was  the  appointment  complete,  nor 
eould  the  official  name  and  character  attach 
tliemselves  to  the  individual,  until  be  had  ffiven 
tkis  final  evidence  of  acceptance  and  quaufica- 
tioo.  But,  said  Mr.  A.,  this  proposition  is  sus- 
ceptible of  answer,  which  he  thought  unanswer- 
aue.  The  present  question  depends  solely  on  the 
Terbal  construction  of  the  several  parts  of  the 
Constitution  which  relate  to  it ;  and  no  argu- 
moot  can  be  drawn  from  any  cases  of  supposed 
wtUMiogY,  unless  the  language  relating  to  the  ap- 
poimment  be  precisely  similar.  Whenever  it 
wtt  said  that  the  person  appointed  did  not  be- 
come a  judge  until  the  oath  of  office  was  admin- 
iatered  to  him,  with  the  view  of  drawing  the 
same  inference  in  relation  to  a  Representative, 
he  immediately  demanded  whether  the  language 
faveming  the  cases  were  alike?  But  the  lan- 
guage is  essentially  different,  and  all  argument 
drawn  from  that  source  fails.  The  case  of  a  Re- 
Ufeaentative  depended  on  different  principles. 
The  Constitotion  had,  he  thought,  sufficiently 
deciated  that  the  election  of  the  people  did  con- 
stitute the  individual  a  member  or  Congress. 
And  it  would  be  obeerved  that  in  all  parts  of  the 
Constitution  the  analogy  between  Representa- 
tires  and  other  officers  was  broken.  The  Presi- 
•ident,  "before  he  enters  on  the  execution  of  his 
otfee,**  must  take  the  oath ;  but  **  Senators  and 
Representatives  shall  be  bound  by  oath  or  affir- 
nMtkxi  to  support  this  Constitution."  Here  the 
dffference  of  phraseology  shows  to  us  that  the 
oath  required  of  the  Representative  was  only  one 
aecurity  provided  against  corrupiion,  but  was  not 
considered  as  an  act  necessary  to  constitute  the 
officer,  or  in  any  way  necessary  to  give  validity 
'  to  his  votes  or  acts.  This  construction  com- 
menced with  the  €U>vernment.  It  appears  from 
the  journals  of  the  first  Congress  under  the  pre- 
sent Governmenty  that  the  members  did  not  uke 


the  oath  until  several  weeks  had  elapsed  after  the 
beginning  or  the  session,  and  not  until  they 
themselves  had  passed  a  law  prescribing  the 
manner  in  which  it  should  be  administered. 

Mr.  A.  said  that  he  believed  that  Congress  was 
a  continuing  existing  body.  It  is  declared  in  the 
first  line  of  the  first  section  that  '^  all  legtslative 
powers  herein  granted  shall  be  vested  in  a  Con- 
gress of  the  United  States ;''  and  he  thought  that 
lodgment  never  had  been,  nor  ever  would  be, 
divested  or  suspended,  until  there  was  an  entire 
violation  of  the  Constitution,  and  consequent 
dissolution  of  the  Government;  that  there  has 
been  a  valid  grant  and  divestiture  of  power  from 
the  people,  and  that  there  must  be  an  existing 
and  permanent  deposite  to  receive  them.  The 
fourth  section  maintains  thu  idea,  and  insures 
the  continued  existence  of  Congress;  as,  although 
the  regulation  of  elections  is  in  the  first  case  siuh 
mitled  to  the  Sute?,  the  power  is  reserved  of  a^ 
tering  them  at  any  time,  whereby  it  is  impotsihle 
that  there  can  be  any  chasm  in  the  Legislature. 
If  the  States  should  ever  show  a  disinclination 
to  pass  the  necessary  laws  for  holding  elections, 
Congress  wotild  immediately  exercise  its  power. 
But  even  if  he  were  incorrect  in  thit  last  opin- 
ion, it  would  not  at  all  injure  the  main  poin^  as 
he  might  be  wholly  wrong  in  this,  and  still,  for 
the  other  reasons  given,  the  report  must  be  re* 
versed. 

When  Mr.  Amderbom  had  concluded,  Bir. 
Johnson,  of  Kentucky,  in  a  short  speech,  sup- 
ported the  right  of  the  member  to  a  seat 

Mr.  FoRBTTH  spoke  at  some  length  in  opposi- 
tion to  the  report,  and  to  the  right  of  the  member 
retaining  hb  seat. 

Mr.  SPBNpia  replied,  and  spoke  also  at  coasid* 
erable  length  in  support  of  the  report,  and  the 
right  of  Mr.  Hbbbiok  to  a  seat. 

Air.  F0B8TTH  rejoined,  and  further  supported 
his  opinion. 

Mr.  Tatlos,  Chairman  of  the  Committee  of 
Elections,  entered  at  large  into  the  defence  of  the 
report,  and  of  the  riffht  of  the  member  to  a  seat. 

The  Committee  then  rose,  and  obtained  leav^ 
to  sit  again. 

Friday,  March  20. 

Mr.  Sbrobant,  from  the  Committee  of  Wtys 
and  Means,  to  whom  was  referred  an  inquiry  iuto 
the  expediency  of  allowing  a  drawback  on  refined  ^ 
suffar  exported,  and  a  memorial  of  the  distillers 
i^nd  merchants  of  Boston,  praying  that  drawbacks  » 
ma]r  be  allowed  ui>on  the  exportation  of  spirits 
distilled  from  foreign  materuus,  made  a  repKirt 
thereon,  in  favor  of  the  expediency  of  allowing 
drawback  on  the  articles  mentioned.  The  report 
was  ordered  to  lie  on*  the  tiJ)le,  and  be  printed. 

Mr.  WiLLiAMB,  of  North  Carolina,  from  the 
Committee  of  Claims,  made  a  report  on  the  pe- 
tition of  Samson  R.  King,  accompanied  by  a 
bill  for  his  relief;  which  read  twice,  and  com- 
mitted. 

Mr.  R0BBRT8ON,  of  Louisiana,  from  the  Com- 
mittee on  the  Public  Lands,  to  which  was  refer" 


Digitized  by 


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1447 


HsnoBT  or  coicaBBBa 


144S 


H.ovR. 


Ohi9  C&iumui  BiecU/mk 


MAioB,iaie« 


rtd  tte  bm  from  the  ScMte,  entitled  ''An  net 
allowing  additional  salary  and  elerk  hire  to  the 
snrrejor  for  tfae  Ulinon  and  Miuoari  Territo* 
Ties,  and  for  other  purposes,"  reported  the  same 
witnoat  amendment  and  the  bill  was  committed 
to  a  Committee  of  the  Whole. 

Mr.  RoBBETeoN  also  reported  a  bill  from  the 
Senate,  entitled  ''An  act  to  vest,  in  trust,  certain 
sections  of  land  in  the  Legislature  of  the  State  of 
Ohio/'  without  amendment,  and  the  bill  was 
committed  to  a  Committee  of  the  Whole. 

Mr.  RhbAj  frem  the  Committee  on  Pensions 
aad  Rerolutionarj  Claims,  made  a  report  on  the 
petition  of  John  Delafield,  whtcfa  was  read; 
when  Mr.  R.  reported  a  bill  for  the  relief  of  the 
said  John  Delafield,  which  was  r(«d  twice,  and 
committed  to  a  Committee  of  the  Whole. 

Mr.  Rbba  also  made  a  report  on  the  petition  of 
Samoei  Bnrr,>  which  was  read  twice ;  when  Mr. 
R.  reported  a  bill  for  the  relief  of  the  said  Samuel 
Burr ;  which  was  read  twice,  and  committed  to 
a  Committee  id  the  Whole. 

The  resolution  of  the  General  Assembly  of 
Maryland,  resjieeting  the  establishment  of  a  na- 
Tal  depot  within  the  said  Slate,  laid  before  this 
HoQse,  on  the  2dth  ultimo,  was  referred  to  a 
aeleet  committee  \  and  BAessrs.  Smitb,  of  Mary- 
land, iBvnro,  of  New  York,  Mason,  of  Rhode 
lilaDd,  BaasBTT,  Maaoiv,  of  Massachusetts,  Am  • 
nuaoif,  of  PennsyWania,  and  Simkins,  were 
apnoinud  the  committee. 

On  motion  of  Mr.  Spbiu>,  tfae  Committee  on 
the  Public  Lands  were  directed  to  inquire  into 
the  expediency  of  proTidiog  by  law  for  the  en- 
donement  on  each  natent  for  military  bounty 
land,  the  surveyor's  description  of  the  soil,  tim- 
ber, dbc,  of  the  lot  conTeyed  by  soch  patent. 

On  motion  of  Mr.  Spbncbr, 

Be$olved,  That  the  Committee  of  Accounts  be 
iattrocted  to  inquire  into,  and  report  to  this 
House,  the  reason  of  the  delay  in  laying  on  the 
tables  of  the  members  tlM  President's  A&ssage  of 
the  144h  of  March,  1816,  with  the  accompanying 
doottmeals. 

Mmohed^  That  the  ^ame  committee  be  directed 
to  inquire  into,  and  report  to  this  House,  the  rea- 
son why  the  Register  x>f  the  officers  of  the  United 
States^  has  not  been  delivered  to  the  members  of 
this  House. 

Mr.  SaaoBAirr  submitted  the  following  mo- 
^lion: 

Mtfohed,  That  the  President  of  the  United  States 
be  and  he  is  hereby  requested  to  lay  before  thii  House, 
if  not  inconsistent  with  the  public  interest,  any  com- 
nnnications  made  to  the  Department  of  Bute,  relat- 
ing to  tlto  oeeapatiott  of  AmeKm  Island,  not  heretofbrs 
cpmnianicated. 

Alter  an  unsuccessful  motion  to  lay  tfae  reso- 
lution on  tfae  table,  and  a  good  deal  of^discnssion 
on  the  propriety  of  making  this  additional  call 
on  the  Sxecutire,  the  resolution  was  agreed  to. 

On  motion  of  Mr.  AHBaneoN,  of  Kentucky, 
the  Committee  on  Roads,  Canals,  and  Semina- 
ries of  Learnipff,  were  iostrocted  to  inquire  into 
the  propriety  of  authorixtog  the  Secretary  of  the 
Tfeasnry  to  subscribe,  on-behalf  of  the  United 


States,  for  five  thousand  sbane  in  the  capiilif 
stock  of  the  Kentucky  Ohio  Canal  Company. 

The  Spiaesr  laid  before  the  House  a  letter 
from  the  Secretary  of  the  Treasury,  transmittinf 
reports  respecting  tonnage  and  certain  impofta 
and  exports,  made  in  obedience  to  the  retolutiona 
moved  by  Mr.  Pitkin,  on  the  89th  of  December 
last. 

A  Message  was  received  from  the  President  of 
the  United  States,  relative  to  our  relations  witk 
the  (Government  of  the  Netherlands,  with  a  view 
to  the  revisai  and  modification  of  the  commercial 
treaty  existing  between  the  two  countries  adapted* 
to  their  present  circumstances.— Referred  to  the 
Committee  of  Ways  and  Meane. 

OHIO  CONTESTED  ELECTION. 

The  House  (having  refused  to  take  up  the 
neutrality  bill)  again  went  into  Committee  of 
the  Whole,  on  the  report  of  the  Committee  of 
Elections  respectio^  tbe  right  of  Mr.  HsRueKt 
a  member  from  Ohio,  to  a  seat  in  this  House— 
Mr.  AoAMs's  motion  to  reverse  the  report^  and 
thus  vacate  the  seat,  being  under  considerauon. 

Mr.  Tatlob  concluded  his  remarks  (which 
were  interrupted  by  the  adjournment  yesterday) 
in  favor  of  the  report. 

Mr.  HoPKiNSOii  took  the  opposite  side,  and 
spoke  near  an  hour  against  tne  report  of  the 
Committee  of  Elections,  and  the  right  of  the 
member  to  a  seat. 

Mr.  Balowin  spoke  at  considerable  length  in 
confirmation  of  the  right  of  Mr.  Hsebiok  to  ha 
seat. 

Mr.  Adams  briefly  replied ;  when  the  question 
was  taken  on  reversing  the  report  of  the  Com* 
mittee  of  Elections,  and  carried — ayes  67^  noes 
66. 

The  Committee  then  rose,  and  reported  their 
decision  to  the  House. 

After  a  good  deal  of  desultory  conversation  on 
various  motions,  touching  the  right  of  certain 
members  to  vote  on  tbe  question,  whose  seata 
were  supposed  to  be  held  under  circumstaocea 
similar  to  that  of  Mr.  Hbbbick,  and  therefore 
personally  interested  in  tbe  decision:  and  after 
refusing  to  excuse  Messrs.  Barbsb^  of  Ohio,  and 
HuBBABo,  of  New  York,  from  voting,  the  cues** 
tion  on  concurring  with  the  Committee  ot  the 
Whole  in  reversing  the  report  of  the  Commiuee 
of  Elections,  wa»  decided  in  the  negative,  by 
yeas  and  nays..  Those  who  voted  for  concurring' 
with  the  Committee  of  the  Whole,  and,  of  course, 
sgainst  tbe  right  of  the  member  to  a  Mat,  were : 

Messrs.  Abbott,  Adams,  Alien  of  Massashaisia^ 
Anderson  of  Keatocky,  Anstin»  Battr  Basbear  of 
Virginia,  Bateman,  Bayley,  Beecher,  BeUinger,  Ben- 
nett, Burwell,  Claiborae,  Cook,  Grawfiwd^  Gush* 
man,  Darlington,  Edwards^  Ervin  of  8ont^  Caro- 
lina, Floyd,  Pomev,  Forsyth,  Garnett,  Hogg,  Hobnee 
of  Connecticut,  Hopkinson,  Huntington,  Irving  of 
New  York,  Johnson  of  Virginia,  Little,  Lowndes,  Mo- 
Lane,  Marr,  Mason  of  Rhode  Island,  Middleton,  Jere- 
miah Nelson,  H.  Nelson,  Owen,  Pawling,  Peter,  Pin- 
dall,  Pleasants,  Reed,  Rhea,  Rice,  Richarda^  Robert- 
son of  LomsiaBa,  Ruggles,  Bewyer,  Sthuyler,  8er« 
geant,    Seybert,   BiMrwoed,  8imkin%   Bleoumb,  8. 


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1M9 


xasTo&T  OF  oamfomB. 


14d0 


lUmcm,  1818. 


J^ffjMfccdi^ft 


J.  0.  aailh,  Spafld,  9le  wt  of 
Koith  C^raUiM,  Teirill»  Totij,  TokbUim,  TvcUr  of 
YilgiiiU,  TMfctr  of  Soadi  CuoliiM,  Walktr  of  Km- 
tuckj,  WendoTw,  WMterio,  WhitMide,  WiUUmi  of 
Connaelicat,  Wfllknui  of  New  Tork,  WiUkimf  of 
I^ortli  Canriinft,  and  Wiboa  of  MaMachiuetti— 74. 

Those  who  TOted  AgMst  coneonrinf ,  nd  io 
£iTor  of  the  BMinber's  Kctping  his  seal,  were: 

MsHTS.  AUsii  of  Vsraunt,  Aadmon  of  FbusjIvs. 
n^Borfav  of  €Hmo»  BosmII^  Bloomfisld,  Blowif, 
BodtB,  Bow,  Batlor,  Csmpbell,  CUgstt,  Cobb,  Gooi- 
slosk  Cnnfor,  Culbisth,  Bsslui,  Esrle,  SIKoott,  Fol- 
fir,  Osgo,  HaJo,  Hall  of  DeUwars,  Harrison,  Has- 
brouck,  Heikimer,  Hitdieock,  Holmes  of  MaMachu- 
setts,  Hubbard,  Hnnte^  lobsson  of  Kentucky,  Jones, 
Klnsey,  KiiUaad,  Lawyer,  Lum,  LiTennore,  W.  P. 
MadaT,  McCej,  Maichand,  Mason  of  Massadiusetts, 
lienill.  Moore,  Morton,  Mosel^,  Momibrd,  Murray, 
New,  Ogle,  Palmer,  Patterson,  Poindexter,  Porter, 
Rich,  Binfgold,  Robertson  of  Kentucky,  Samason, 
8airage,  Scudder,  Settle,  Shaw,  SUsbee,  Sonlliard, 
SpenoCT,  8tioBg,  Tallmadge,  Tarr,  Taylor,  Townsend, 
OVIer,  Upham,  Walker  of  North  Carolina,  Wallace, 
WhifiBan,  Wilkm,  and  Wilson  of  PennsyWania— r7. 

So  the  House  refused  to  concur  in  the  report 
of  the  Committee  of  the  Whole :  and  then,  after 
an  unsneeessfol  motion  by  Mr.  Forstth,  to  re« 
commit  the  subject  to  the  Committee  of  Elec- 
tions, with  instructions  to  report  the  case  of  Mr. 
HcRBicK  distinct  from  other  cases  now  em- 
braced in  the  report;  and  a  motion,  also  unsuc- 
cenful,  by  Mr.  Allen,  of  Massachusetts,  to  post- 
pone the  report  indefinitely — 

The  question  was  taken^  by  yeas  and  nays,  on 

Sreeiug  with  the  Committee  of  Elections,  that 
r.  Hbbbiok  is  entiUed  to  a  seat,  and  decided  in 
the  affirmatire — yeas  77,  nays  70,  as  follows : 

Ymam — ^MessTi.  Allen  of  Vermont,  Anderson  of 
•Fennsyhrania,  Baldwin,  Barber  of  Ohio,  Bassett, 
BkMwaJleld,  Blount,  Boden,  Boss,  Butler,  Csmpbell, 
Clagett,  Cobb,  Comslock,  Crafts,  Cruger,  Culbrelh, 
IMbm,  Earle,  ElUcott,  Folger,  Gage,  Hale,  HaU  of 
Delaware^  Harrison,  Hasbrooek,  Herkimer,  Hitdiceek, 
Hokoes  of  Msssachasstts,  Hubbard,  Hunter,  Johnson 
of  Kealueky,  Jones,  Kaissy,  Lawyer,  Linn,  Iiif<sr- 
aon,  W.  P.  MacUy,  McCoy,  Mavehmid,  MasoQ  of 
Massachusetts,  Msmll,  Moeso,  Morton,  Meseley,  Mnm^^ 
tod,  M«nay,Ogle,  Palmer,  Parrott,  Patteiaon,  Poin- 
dexAer,  Poitet,  Rich,  Ringgald,  RobeitsoB  of  Ken- 
tadQr,  Sampsefi,  Savage,  Scudder,  Settle,  Shaw, 
SUsbee,  Southard,  Spencer,  Strong,  Strothsr,  Tall- 
aaadge,  Tarr,  Taylor,  Townsend,  Tyler,  Upham,  Wal- 
ker of  North  CaroMna,  Wallaee,  Whitman,  Wilkin, 
•ad  Wileoa  of  Penaeylvania. 

Nats— MesRS.  Abbott,  Adsms,  Allen  of  Massaehu- 
aeita,  Aadeiaon  of  Kentucky,  Austin,  Ball,  Bnbour 
of  Virginia,  Bateman^  Bi^ley,  Beecher,  Bellinger, 
Bennett,  Claibomsb  Cook,  Crawford,  Cushman,  Bar- 
Ungton,  Edwards,  Floyd,  Forney,  Forsyth,  Gamett, 
Hogg,  HoLnes  of  Connecticut,  Uopkinson,  Hunting* 
toaTu^^g  of  If tw  York,  Johnson  of  Yirginis,  Little, 
Lowndes*  McLsne,  Marr,  Mason  of  R^e  Islsnd, 
J.  Nelson,  H.  Nelson,  Owen,  Pawling,  Peter,  Phidall, 
Pleasants,  Reed,  Rhea,  Rice,  Richards,  Robertson  of 
Iieuislana,  Rufi^  Ssoryer,  Se^geaaft,  Ssybert,  Sher- 
wood, aiaifciiM,  Sloeuaib,  S.  Smith,  B.  Smith,  J.  S. 
Smith,  Speed,  Stowart  of  North  Caiaina,  Tenill, 
Tem^,  Tompkins,  Tnclisf  ef  YirgiBia,  Tucker  of  S< 


H««rB. 


CaNOiaa,  Walker  of  Kaslnohr,  Weadover,  Wiitnti, 
Whiteside,  Williams  of  Conaeotient,  WiUiams  of  N. 
York,  Williams  of  North  Carolina,  and  Witow  of 


Satubdat,  March  21. 

Mr.  LowNDiB,  from  the  Committee  of  Wtys 
and  Means,  to  whom  was  referred  the  hill  from 
the  Senate,  entitled  '*An  act  to  authortaea  the 
Secretary  of  the  Treasury  to  tepay.  or  ramit. 
certain  alien  duties  theveio  dasenbed,*'  reaatied 
the  same  without  amaidmeAt,  and  the  hill  wai 
committed  to  a  Committee  of  the  Whohk 

On  motion  of  Mr.  SiMSiNa,  iha  CoBMUttaa  on 
the  Public  Lands  weie  instructed  to  inquire  into 
the  expediency  of  establishing  other  laud  offioas 
in  the  Territory  of  Alabama,  than  those  akcady 
eatahtished.ana  of  appointiof  other  registers  and 
reoeirers  ot  paUic  moneys,  in  addition  to  thoae 
already  appointed. 

On  motion  of  Mr.  Tatloa,  a  committoe  was 
apDointad  to  inquire  into  the  eipedieney  of  pro- 
viding by  low  for  an  earlier  commencaoMnc  af 
the  next  session  of  Congress  than  the  slated  pe- 
riod, with  leaTe  to  feport  by  bill  or^herwise; 
and  Messrs.  Tatlob,  Poindbxtbbl  PiTKm,  Rob- 
BBT80N  of  Kentucky,  Tdokbb  of  Virginia,  Raba, 
and  WBrrMAJf,  were  appointed  the  oommittae. 

Mr.  BA08BTT  laid  before  the  Honse  a  letter 
from  Daniel  Carroll,  of  Duddington,  addreised 
to  him  as  Chairman  of  the  Committee  on  that 
part  of  the  President's  Message,  in  relation  to 
the  selection  of  the  site  for  the  fixeeutive  ofll- 
ees;  whieh  was  read,  and  onkred  to  lie  o*  the 
table. 

The  House  resolved  Itself  into  a  CammiHeaof 
the  Whole,  on  the  report  of  the  Committ#e  of 
Elections,  respecting  the  right  of  Blias  fiarle^  a 
Repreeeatative  from  South  Carolina,  and  Qayge 
Mumford,  a  Representattre  froi|^  North  CaroUaa, 
to  seato  in  this  House. 

The  Committee  of  the  Whole,  withoBtddMtte, 
agreed  to  the  report,  and  rose  and  reponed  their 
i^eement  to  the  House,  and  the  House  con- 
curred with  the  Committoe  of  the  Whole  in  Ihair 
agreemeat  lo  the  resolutions,  that  Mr.  Saa&b 
and  Mr.  Momfobp  are  antitlad  to  their  saan,  la 
which  they  are  of  comse  caofimed. 

The  following  bills  saccessively  passed  thioagh 
Committees  of  the  whole  House,  i 


etiUv  ordered  to  be  aagroiBed  for  a  third  raadiiig, 
to  Wit :  A  hill  from  the  Senate  for  the  reliaf  of 
William  Edwards  and  John  G.  Stuhbs;  a  faili 
allowiag  addittooal  salary  and  okik  hire  to  the 
surveyor  of  the  Illinois  and  Missouri  Tcrritoraas, 
aad  for  other  purposes ;  a  bill  to  extend  the  pti v- 
ilege  of  franking  to  the  vaccine  agents  of  Siataa 
aad  Territories  $  a  bill  authoriiing  John  Taykr 
to  be  placed  on  the  navy  pension  tuad. 

The  House  went  into  Committee  of  the 
Whole  on  the  amendment  reporud  by  the  Com- 
mittee of  Claims  to  the  bill  for  the  relief  of  John 
Bate.  The  Committee  of  the  Whole  oonenrrad 
in  the  amendment. 

A  motion  was  then  made  by  Mr.  Claibobsb 


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HiBTOET  or  cosraRsss. 


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NeitMd  RdxUiMiM. 


Marcb,  1818. 


lo  ««icDd  the  bin  ••  MenMI,  by  ttrikmg^  out' 
these  words,  to  wit:  <*Also,  to  tB«ke  such  reduc- 
tion in  the  rent,  stipulated  to  be  pcid  by  the  said 
John  Bate,  as  shall  appear  jast  and  eqnitabie,  in 
consequence  of  any  deterioration  in  the  quality, 
or  diminution  in  the  quantit]^  of  water  in  said 
saline,  as  may  be  proven  to  his  satisfaction  $  as 
also." 

Mr.  Mark  mo? ed  that  the  bill  lie  on  the  table* 
Negatifed. 

The  question  was  then  uken  on  the  amend* 
ment  proposed  bv  Mr.  Claibornb,  and  also  neg- 
atived. The  bill,  as  amended,  was  then  ordered 
to  be  engrossed  and  read  a  third  time. 

The  amendments  to  the  bill  for  the  relief  of 
Narcissus  Broutin,  were  read,  and  concurred  in 
by  the  House,  and  the  bill  was  ordered  to  lie  on 
the  table. 

The  bill  confirming  the  claim  of  Tobias 
Rheams  to  a  tract  of  land,  granted  to  him  by 
the  Spanish  Gtovernment :  and  the  bill  for  the 
relief  of  Daniel  Burnett^  Gibson  Clark,  and  the 
lenl  representatiTcs  of  Hubert  Rowel,  were 
ordered  to  be  engrossed,  and  severally  read  a 
third  time,  on  Monday  neit. 

Mr.  Smith,  of  Maryland,  from  the  Committee 
of  Ways  ana  Means,  made  a  report  on  the  neti- 
tioB  of  David  Gklston,  on  behalf  of  himselr  and 
Pfter  A.  Schencki  which  was  read  and  ordered 
to  lie  on  the  table. 

Monday,  March  23. 

The  Spbakbr  nresented  a  petition  of  the 
Legislative  Council,  and  House  of  Representa- 
tives, of  the  Territory  of  Alabama,  praying  to  be 
'  inveated  with  power  to  incorporate  companies  in 
said  Territory,  for  the  purpose  of  constructing 
turnpike  road^with  exclusive  prifileges  and 
tight  of  toll.— Ileferred  to  the  Committee  ap- 
MBted  on  Roads,  Canals,  and  Seminaries  of 
Laming. 

The  Spbaksr  laid  before  the  House  a  letter 
^m  the  Qovemor  of  the  State  of  Penusylta- 
Bia,  enclosing  a  return  of  the  election  of  Thomas 
J.  RoGBRB,  n  Representative  from  that  State,  in 
the  pJace  of  John  Ross,  resigned ;  which  was  re- 
ferred to  the  Committee  of  Elections. 

Mr.  FoRtaTTH,  from  the  Committee  on  For- 
eiga  Relations,  who  was  instructed  to  inquire 
into  the  expediency  of  establishing  a  Consulate 
at  Mogadore,  in  the  Empire  of  Morocco,  male  a 
>eport  thereon ;  which  was  read,  and  ordered  to 
lie  on  the  table. 

Mr.  LownoBs,  from  the  Committee  of  Ways 
and  Means,  to  which  were  referred  sundry  peti- 
tions regarding  duties  paid  to  the  United  States, 
or  claimed  by  them,  on  account  of  goods  landed 
in  the  district  of  Castine,  while  it  was  in  the 
possession  of  the  British  forces,  and  remaining 
there  when  its  possession  was  restored  to  the 
Government  of  the  United  States  $  made  a  re- 
port thereon,  which  was  read  and  ordered  to  lie 
on  the  table. 

On  motion  of  Mr.  Littlb.  the  Secretary  of 
^tate  was  requested  to  lay  before  this  House  the 


cauM  of  dctay  in  printing  the  registerof  all  offi- 
cers and  agents,  civil,  military,  and  naval,  in  the 
service  of  the  Unitea  States,  in  confomttty  with 
the  several  resolutions  of  Congress,  iipproved 
April  29, 1816. 

On  motion  of  Mr.  Little,  the  Committee  on 
the  Post  Office  and  Post  Roads  were  Instructed 
to  inquire  into  the  expediency  of  extending  the 

Srivilege  of  franking  to  the  Secretary  of  the 
enate,  and  Clerk  of  the  Home  of  Represesia- 
tfves. 

Mr.  Taylor  submitted  the  following  resolu- 
tion: 

lUsohed,  4-e.»  That  after  the  close  of  each  session 
of  Congress,  ah  alphabetical  index  of  the  acts  and 
joint  resolutions,  passed  at  the  preceding  sesdon,  shall 
be  prepared,  ptinted,  and  distributed  therewith,  under 
the  direction  of  the  Secretary  for  the  Depaitment  ol 
State. 

The  resolution  was  read  twice,  and  ordered  to 
be  engrossed,  and  read  a  third  time  to-morrow. 

Engrossed  bills  of  the  following  titlea  to  wit: 
An  act  authorizing  John  Taylor  to  be  placed  on 
the  list  of  navy  pensioners ;  an  act  for  the  relief 
of  John  Bate ;  an  act  confirming  the  claim  of 
Tobias  Rheams  to  a  tract  of  hind  granted  to  him 
by  the  Spanish  Government ;  an  act  for  the  re- 
lief of  Daniel  Burnett,  Gibson  Clarke,  and  the 
legal  representatives  of  Hubert  Rowel;  and  an 
act  to  extend  the  privilege  of  franking,  to  vaccine 
agents  of  States  and  Territories ;  were  severally 
read  the  third  time,  and  passed. 

An  engrossed  bilX  entitled  "An  act  confirming 
the  claim  of  William  Daniel,  or  his  legal  repre* 
sentatives,  to  a  tract  of  land  in  the  Mississippi 
Territory,"  was  read  the  third  time,  and  paased. 

The  House  took  up  the  bill  for  the  relief  of  Nar* 
cissus  Broutin,  and  others,  and  the  same  beiiig 
further  amended  was  ordered  to  be  engrossed^  and 
read  a  third  time,  to-morrow. 

The  House  then  went  into  a  Committee  t)f  the 
Whole  on  the  report  of  the  Committee  on  Pen* 
sions  and  Revolutionary  Claims  unfavorable  to 
the  petition  of  Edmund  firooke ;  and  after  ngood 
deal  of  discussion,  in  which  Mr.  Baabour  of 
Virginia  earnestly  opposed  the  report,  it  wna 
agreed  to  by  the  Committee  of  the  Whole^  which 
then  rose  and  reported  their  agreement  to  the 
House,  which  report  was  concurred  in,  and  the 
prayer  of  the  petitioner  rejected. 

NEUTRAL  RELATIONS. 

The  House  then  proceeded  to  the  considem* 
tion  of  the  amendments  reported  by  the  Com* 
mittee  of  the  Whole,  to  the  bill  in  addition  ta 
the  act  "to  punish  certain  crimes  against  the 
United  States,"  and  to  repeal  the  acts  therein 
mentioned. 

The  amendments  were  successively  agreed  to, 
with  the  exception  of  the  following,  which  wna 
reported  by  the  Committee  as  a  14th  section  to 
the  bill,  to  wit: 

**  Sao.  14.  And  be  itfiaihet  tnatUd,  That  in  po^ 
seeations  either  against  persons  or  prop«fty,safliag^ 
under  the  flag  ot  any  eoloay,  ifistrid,  or  people,  which 
shall  be  admitted  into  the  piMrts  of  the  United  ^  ' 


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buzost  ot  coNGBon. 


14£i 


Jiu«cji,i8ia 


H.CV] 


It  iMH  not  W  iiied  a  gromd  fer  the  pBairiiw—ter 
oondemnatioo  of  loeh  penon  or  pMfMrty,  that  the 
affwmmgatj  of  iiich  eolony,  diotnet,  or  poople,  hM  not 
been  MknowJodged  by  the  United  Statei :  Provided, 
TbAt  the  colony,  district,  or  people,  ifbreeaidy  haye 
mn  OTfuiaed  existing  GoTomment,  claiming  to  be  in- 
'depoidenty  at  the  time  of  the  commission  of  the  fact 
of  which  the  persons  are  charged." 

This  amendment  Mr.  Lowkdss  moTed  to 
amend  by  striking  out  the  words  "  which  shall 
be  admitted  into  the  ports  of  the  United  States," 
and  to  insert,  in  lieu  thereof^  ^*  if  sach  flag  shall 

*  be  directed  to  be  admiued  into  the  poru  of  the 

*  United  States  by  instructions  from  the  Presi* 
'  dent  of  the  Unit^  States  to  the  seven^  coUect- 

*  ors  of  the  customs,  which  instructions  he  is 
'  hereby  authorized  to  issue." 

This  motion  was  negatived,  after  considerable 
<£iscassion;  when 

Mr.  Ti7CK£B  moved  to  amend  the  section  by 
striking  out  the  words  "  which  shall  be  admit- 
ted," and  to  insert,  after  *^  United  States,"  the 
words  "  under  the  instructions  of  the  President 
of  the  United  States,  to  the  several  collectors  of 
the  customs." 

Mr.  IjOwnoes  then  rose  and  moved  that  the 
bill  and  amendments  be  indefinitely  postponed ; 
which  motion  was  decided  in  the  negative — 
yeas  72,  nays  79,  as  follows : 

Yba»— Messrs.  Abbott,  Adams,  Allen  of  Maaa- 
chnsetts.  Alien  of  Vermont,  Baldwin,  Barbour  of  Vir- 
nnia,  Bayley,  Beecher,  Bennett,  Boss,  Clagett,  Cobb, 
Crafia,  Cnshman,  Darlington,  Earle,  Edwards,  Ervin 
of  South  Carotina,  Folger,  Forsyth,  Hall  of  Dela- 
ware, Hall  of  North  Carolina,  Hitchcock,  Holmes 
of  Connecticut,  Hopldnson,  Hubbard,  Hunter,  Hun- 
tington, Lowndes,  McLane,  W.  P.  Maday,  Mason  of 
Massachusetts,  Mason  of  Rhode  Island,  Mercer,  Mid- 
Aton,  Morton,  Moseley,  Jeremiah  Nelson,  H.  Nelson, 
Ogden,  Panott,  Pawling,  Pindall,  Pitkin,  Poindexter, 
Reed,  Rhea,  Rke,  Riduunds,  Rnggles,  Schuyler,  Ser- 
geani  Sherwood,  SOsbee,  Simkins,  Slocuml^  Samuel 
Smitfa,  Alexander  Smyth,  J.  8.  Smttii,  Stewart  of 
Nettii  Carolina,  Strong,  Stiother,  Stuart  of  Maryland, 
Taylor,  Terry,  Townsead,  Westerlo,  Whitman,  Wil- 
yumm  ef  Connectlevt,  Williams  of  New  T<»k,  Wil- 
lisaia  of  Kerth  Caffolina»  and  Wilson  of  Massachu- 


Nats— Messrs.  Anderson  of  PenasylTania,  Ander- 
son eCKentncky,  Ball,  Barber  of  Ohio,  Bassett,  Bel- 
linger, Bioomfield,  Blount,  Bodei^  Burwell,  Campbell, 
Claihoine,  Comstoek,  Cook,  Croger,  CuUneth,  Desha, 
EUicott,  Fleyd,  Forney,  Gage,  Harrison,  Hasbrouck, 
Hogg,  Hofanes  of  Massachusetts,  Irving  of  New  York, 
Johnson  of  Yirginia*  Johnson  of  Kentuckv,  Jones, 
Kineey,  Lawyer,  Lbm,  Little,  McCoy,  Marchand, 
Marr,  Merrill,  Moore,  Mumfbrd,  Murray,  T.  M.  Nel- 
eon.  New,  Offiit,  Owen,  Pahner,  Patterson,  Peter, 
Pleaaants,  Porter,  Rich,  Ringgold,  Robertson  of  Ken- 
tndEy,  Robertson  of  Louisiana,  Sampson,  Savage, 
Sawyer,  Scudder,  Settle,  Seybert,  Shaw,  Bal.  Smith, 
Southard,  Speed,  Spencer,  Tallmadge,  Tarr,  Terrill, 
Tompkins,  TrimUe,  Tucker  of  Virginia,  Tucker  of 
Sooth  Cardina,  Tyler,  Walker  of  North  Carolina, 
Walker  of  Kentscky,  Wallaoe,  Wendover,  White- 
side, Wilkin,  and  Wiison  of  Pennqrlvania. 

Mr.  TucKBJt'a  moti<>n  to  amend  the  section 
was  than  agreed  to ;  and 


On  motion  of  Mr.  Smitb,  of  Maryland,  the  fofc> 
lowing  proviso  was  added  to  the  section :  ^  Pra- 
vided^  That  nothing  herein  contained  shall  he 
construed  to  affect  the  rights  of  citizens  of  the 
United  States,  who  may  prosecute  in  the  co«rts 
of  the  United  States  for  property  taken  from  them 
on  the  high  seas ;"  after  which,  the  section,  aa 
amended,  was  agreed  to. 

Mr.  TiTCKBR,  of  Virginia,  moved  to  atrike  out 
the  10th  and  11th  secuons  of  the  bill,  in  the  fol- 
lowing words : 

Sbc.  10.  And  be  it  further  emaeted,  That  the  own- 
ers or  eoasignees  of  every  armed  whip  or  vessel  aailiag 
out  of  the  ports  of  the  United  States,  befcmgingwiMMi 
or  in  part  to  the  citiiens  thereof  shsJl  enter  into  boad 
to  the  United  States  with  sufficient  suretiei^  pnar  to 
clearing  out  the  same,  in  double  the  amount  of  the 
Talue  of  the  vessel  and  cargo  on  board,  including  Imt 
armament,  that  the  said  ^p  or  vessel  shall  not  be 
employed  by  such  owners  to  cruise  or  commit  hostili- 
ties against  the  subjects,  citizens,  or  propertv,  of  BUf 
foreign  Prince  or  State,  or  of  any  colony^  mstrict,  ar 
people,  with  whom  the  United  States  are  at  peace. 

Ssc.  11.  And  be  it  further  enacted.  That  the  col- 
lectors of  the  customs  be,  and  they  are  hereby,  req[iect- 
ively  authorized  and  re<juired,  to  detain  anv  vessel 
manifestly  built  for  warlike  purposes,  and  about  la 
depart  the  United  States,  of  which  the  cargo  ahall 
pnndpally  consist  of  arms  and  munitions  of  war; 
when  the  number  of  men  shipped  on  board  or  other 
circumstances  shall  render  it  probable  that  such  vea- 
sel  is  intended  to  be  employed  by  the  owner  or  owners 
to  cruise  or  to  commit  hostilities  upon  the  subject% 
citizens,  or  property,  of  any  foreign  Prince  or  State,  or 
of  any  colony,  district,  or  people,  with  whom  the  Un^ 
ted  States  are  at  peace,  until  the  decision  of  the  Prea- 
ident  be  had  thereon,  or  until  the  owner  or  owners 
shall  give  such  bond  and  security  as  is  required  «f 
the  owners  of  armed  ships  by  the  preceding  section  el 
this  act. 

The  question  being  divided,  was  itsi  fakes  mi 
striking  out  the  tenth  section,  and  d^idad  in  the 
negative — yeas  44,  nays  95,  as  follows: 

Tbas— Messrs.  Anderson  of  Penniylvania,  Ander- 
son of  Kentucky,  BeHinger,  Camj^l,  Claiborne,  Corn- 
stock,  Cruger,  Culbreth,  I>esha,£arle,  Floyd,  Folger, 
Forney,  Oage,  Harrison,  Herkfaner,  Johnson  of  Vir- 
ginia, Johnson  of  Kentucky,  Kinsey,  Little,  Marchand, 
Marr,  Mumfbrd,  H.  Nelson,  T.  M.  Nelson,  New,  Ogle, 
Owen,  PatterMm,  Poindeiter,  Porter,  Queries,  Robert- 
sen  of  Louisiana,  Sawyer,  Settle,  Shaw,  Spenoer, 
Tarr,  Trimble,  Tucker  of  Virginia,  Tyler,  Walker  of 
Kentucky,  Wallace,  and  Whiteside. 

Nats — ^Messrs.  Abbott,  Adams,  Allen  of  Massachu- 
setts, Allen  of  Vermont,  Baldwin,  Ball,  Barbour  of 
Virainia,  Bassett,  Bavley,  Beecher,  Bennett,  Blooai- 
field,  Boden,  Boss,  Burwell,  Butler,  Clagett,  Cobb, 
Crafts,  Cnshman,  Darlington,  Edwards,  Elhcott,  For- 

Sth,  Hale,  Hall  of  Delaware,  Hail  of  North  Carottna» 
asbrouck,  Hogg,  Holmes  of  Connecticut,  Hopkinson, . 
Hunter,  Huntington,  Irving  of  New  Vork,  &irtland« 
Lawyer,  Linn,  Livermore,  Lowndes,  McLane,  W.  P. 
MacUy,  Mason  of  Massachusetts,  Mason  of  Rhode 
Island,  Mercer,  Middleton,  Moore,  Moeeley,  Murray, 
Jeremiah  Nelson,  Ogden,  Palmer,  Parrott,  Pawling, 
Peter,  Pfaidall,  Pitkin,  Pleasants,  Reed,  Rhes,  Rice, 
Ridi,  Richards,  Ringgold,  Robertson  of  Kentucky, 
Rngglee,  Sampson,  Behuyler,  Scudder,  Seri^Mnt,  Sey- 


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«p&. 


b0tt»  8l9eiuin>,  a  SmMi,  IhXivi  Sitiitfi,  Akxttlder 
0mtth,  Speea,  Stewsrt  of  North  Cmroltea,  Stnmg, 
0MlMr,  dtaart  of  Mtiytod,  Taylor,  TorriU,  Twrj, 
Tompkiiu,  TowilMiid»  Upham,  Walker  of  North  Omo- 
IbM,  Wondo^er,  Woitorlo,  Whitaan,  Wflttam  of 
^onaootkut,  WiltiaiM  of  New  York,  Wiliame  of 
North  Cwoliiia,  Wflkin,  Wilson  of  Ifoiaahoeette, 
end  Wilfon  of  PenniyWenia. 

The  qoestioii  was  then  taken  on  scrikini^  oat 
4k%  Ittb  sention;  and  also  detetmioed  in  the 
nentire. 

Tilt  q»ettian  was  then  taken,  Shall  the  said 
Ml  he  ei^Tesscd  ftsd  rend  a  third  tiiae?  and 
oMfead  in  Che  aftniiaiii'e^y^s  95,  Mf9  51,  ns 

YvM^Mesifn.  Ahbdtt,  Anderson  of  Penn^Wanim, 
AndMson  of  Kentucky,  Ball,  Barbour  of  Virginia, 
Barber  of  Ohio,  Bassett^  Beecher,  Bellinger,  Bloom- 
Veld,  Boden,  Borwdl,  Campbell,  Claiborne,  Cook, 
tMIs,  Cntger,  CuRnreth,  Desha,  Bdwaids,  EUieott, 
Plojd,  Forney,  Forsyth,  Hale,  Hall  of  North  Carolina, 
Harrison,  Hasbroutk,  Herkimer,  Hitcheock,  Hogg, 
Holmes  of  Massachosetts,  Hnhbard,  Irving  of  New 
York,  Johnson  of  Virginia,  Jones,  Kinsey,  Kbthmd, 
Lawyer,  linn^  Little,  Livermore.  McCoy,  Marchand, 
Warr,  Merrill,  Mpoie,  Mnmlbrd,  Morray,  H.  Nelson, 
T.  M.  Nelson,  New,  Ogle,  Owen,  Pakner,  Parrott,  Pat- 
toson.  Peter,  Pleasanto,  Foindexter,  Porter,  Qaailes, 
'Bfofa,  Ringgold,  Hobertson  of  Kentucky,  Robertson  of 
LonisiBtaa,  Sampson,  8awyer,Bcudder,  Settle,  Seybert, 
*8haw,  Sihdwe,  H.  Smith,  Ballard  Smith,  Speed,  Spen- 
cer, fitrother,  TBllmadge,Tarr,  Taylor,  Terrill,  Tomp- 
4dtts,  Townsend,  Trimble,  Tucker  of  Virginia,  Tnoker 
«»f  South  Carolina,  Tyler,  Walker  of  North  Carolina, 
Wdker  of  Kentucky,  Wallace,  Wendover,  Whiteside, 
WiHdn,  and  Wilson  of  PennsyWania. 

N'Ats^— Messrs.  Adams,  Allen  of  Massachusetts, 
'Alkn  of  Vermont,  Baldwin,  Bayley,  Bennett,  Boss, 
^higett,  Cobb,  Coshman,  Darlington,  Earle,  Folger, 
Gage,  Hall  of  Delaware,  Holmes  of  Connecticut,  Hop- 
Unmi,  Hanter,  Huntington,  Lowndes,  McLane,  W. 
P.  Maoh^,  Mason  of  Mawachnsetts,  Mason  of  Rhode 
Idand,  Mereer,MtddIeton9  Moeeley,  Jeremiah  Nelson, 
Ogd^d,  Pawling,  Pindall,  Pitkin,  Reed,  Bhea,  Rice, 
lEtmatds,  Ruggles,  Schuyler,  Ssotgeant,  Slooianb,  Al- 
exander Smyth,  Stewart  of  North  Carolina,  Strong, 
Stuart  of  Maryland,  Terry,  Westerlo,  Whitman,  Wil- 
liams  of  Connecticut,  Williams  of  New  Y<«k,  Wil- 
tUlhs  of  North  Carolina^  and  Wilson  of  Massachusetts. 
*f  he  bill  was  then  ordered  to  be  read  a  third 
ume,  on  Wednesday  neit. 


TuEBDAT,  Mareb  34. 

Another  member,  to  wit :  from  Pennsylvania, 
T«MIA8  J.  RooBBB,  elected  tosupply  the  Taeancy 
oatfigioDsd  by  the  resignation  or  John  Ross,  ap- 
•pttred,  prodaced  his  credentials,  was  qualified, 
•aiid  took  his  seat. 

The  Spbakbb  presented  a  petition  of  John 
'AndersoD,  praying  that  the  bills  whicb  have  been 
reported  at  this  session  for  his  relief,  may  be  taken 
Vp  and  finally  disposed  of,  with  as  little  ^elay  as 
possible.^Laid  on  the  table. 

Mr.  Little,  from  the  Committee  of  Accounts, 
who  were  instructed  by  resolution  to  inquire  into 
the  causes  of  delay,  in  laying  on  the  tables  of  the 


of  tbia  iioow,the'ifeaaage*of  thb^e* 

eMetn  of  the  United  Sates,  of  the  144h  inefrnK, 
iNTith  its  aecovttpanyfnff  doedttente.  mradea  report 
thereon,  whieh  was  read  and  ordered  to  lie  oft 
the  table.  ^^  ^ 

Mr.^iLLiAHS,  iVom  the  Commtttee  of  Cdatms^ 
made  a  report  on  the  petition  of  Adam  Kinsey 
and  Thomas  French,  which  was  read;  When. 
Mr.  W.  reported  a  bill  for  the  relief  of  the  said 
Adam  Kinsey  and  Thomas  French,  whieh  was 
read  twice,  and  committed  to  a  Committee  of 
the  Whole. 

Mr.  Hugh  Nilson,  from  the  Committee  on 
the  Judiciary,  reported  a  bill  concerning  the  Ter- 
ritory of  Alabama,  which  was  read  twice,  and 
ordered  to  be  engrossed  and  read  a  third  time,  on 
Saturday  next. 

Mr.  Plbasantb,  from  the  Committee  on  Naral 
Affairs,  made  a  report  on  the  petition  of  Jaritts 
Loorois,  and  James  Bassctt,  sailing-masters  in 
the  Navy  of  the  United  States,  and  commanding 
gun  vessels,  Nos.  149  and  154,  which  was  read ; 
when,  Mr.  P.  reported  a  bill  authorizing  the  pay- 
ment of  a  sum  of  money  to  the  officers  and  crews 
of  gunboats  Nos.  149  and  154«  which  was  read 
twice,  and  committed  to  a  Committee  of  the 
Whole. 

Mr.  Plsabants  also  reported  a  bill  concerning 
the  heirs  and  legatees  of  Thomas  Turner,  deceased, 
"whieh  was  read  twice,  aad  commtfced  ttna  Ck>m- 
mitteeof  the  Whole. 

Mr.  Taylor,  from  the  select  committee  «p- 
pohited  on  the  subject,  reported  a  bill  fixing  ttxe 
time  for  the  next  meeting  of  Congiess.  which 
was  read  twice,  and  the  further  consideration 
thereof  postponed  until  Tuesday,  the  31st  insmnt 
The  DPSAKBR  laid  before  the  House,  a  report 
of  the  Secretary  of  the  Navy,  on  the  petitions  of 
Samuel  Cheney  and  Robert  Ramsey^  which  •wan 
read  and  ordered  to  lie  on  the  table* 

The  Speaker  also  laid  befnre  the  Hoiise,*a  let- 
ter from  Richard  Bland  Lee,  Commissioner  of 
Claims,  transmitting  leports  of  the  laeUio  fifty- 
six  cases,  all  from  Ibe  State  of  New  Tock,  with 
the' evidence  accompanying  eaeh,iali^  imdera 
seeoad  eoiwnissioo,  atteniM  byaepeciai  •mmi 
on  the  part  of  the  United  States.— Referred  to 
the  Committae  of  Ckims. 

A  aiessagefrom  the  Senete  inforaied  4he  Hdoee 
ttiat  the  Senate  have  passed  bills  of  fhe^lowhyg 
titles,  to  wil :  An  aet  atirhorivtug  R  subscrrptioft 
fbr  (he  ^eleventh  volnme  of  Srate  Papers;  and 
an  act  regulating  the  pay  and  emoluments  xif 
brevet  officers ;  in  which  bills  they  ask  the  con- 
currence of  this  House. 

The  said  bills  w^re  respectively,  read  the  first 
time. 
On  motion  of  of  Mr.  Scott. 
Besolvedy  That  the  Committee  on  the  Public 
Lands  be  instructed  to  inquire  into  the  ej^pedi- 
ency  of  granting  or  securing  to  the  town  of  filt. 
Louis,  in  the  Missouri  Territory,  as  a  oomroon, 
all  the  sand  bar  or  battnr e^  formed  by  the  reaession 
of  the  Mississippi  rtrer,  between  the  said  tomi 
and  low  waler  noark;  and  to  prohibit  the  loca- 
tion of  any  floating  claim  in  the  said  Terrtiorjr, 


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14€iB 


MjttCH,lglS. 


Bemi$9um  t>f  MhUm-^fhtumal  flag. 


H.6P*. 


tlifrreatt^  #r  if  mt  looatiott  MioqM  h«re  i>e«ii 
•ttM^ut«  pfohiUt  by  law  ibe  issaisi^  ef  «  patent 

JiiMlvfil,  ate,  That  th«  Committee  on  the 
Pvblic  Lawis  be  inatrueted  to  iaqaire  ioto  the 
^mptim^ej  of  prohibftittg  by  law  the  location  of 
«iiy  Aaatinitelaim.oii  any  laadaia  the  Territory  of 
Mumomi,  ike  right  of  pre-emption  to  whieh  land 
Imo  been  seeaved  to  any  settler,  by  the  aet  of  the 
litehof  April,  1814,  or  rf  any  sneh  location  should 
haTe  bMQ  nMi^,  to  prohibit  hj  law.  the  israiog  a 
patent  therefor. 

M$tahed,  oIm,  That  the  Committee  on  the 
'PftbUe  Lands  be  loetmeted  to  inquire  into  the 
•MpedimMy  of  prohibiting  by  law  the  location  of 


««^  filed  with  either  of  the  Boards  of  Commisston- 
vra  in  said  Territorr,  or  with  the  recorder  of  fond 
titles  aeting  as  snob  under  any  krw  of  Congress, 
for  the  adjustment  of  land  titles  in  said  Territory, 
w/ifmnr  sach  loeatlon  should  bare  been  made, 
m  prohibit  by  law  the  issuing  of  patents  therefor. 

Mmolwod^  aho,  That  the  Committee  on  the 
Pttblic  Lairas  be  instrneted  to  inquire  into  the 
«ipedieney  of  prohibiting  by  law  the  location  of 
toy  floating  claim  in  the  Territory  of  Missouri, 
mi  any  town  lot,  Tillage  lot,  out  lot,  common 
Ifialdiot,  or  eommon,  io,  adjoining,  or  appertain* 
ing  A  any  of  the  towns  or  Tillages  in  the  Terri- 
tory of  Misaouri,  or  if  any  such  locatiotf  shall 
hava  baiiii  made  to  prohdMt  by  fow  theissuing 
•f  patMis  therefor. 

An  eMrosaed  bill,  ei>titled  '^An  act  for  the  re- 
lief of  Narcissus  Broutio,  and  others,''  was  read 
the  third  tiane.  and  passed. 

Ae  engrossed  resolution  "  directing  the  Secre- 
tary for  the  Department  of  State  to  prepare  an 
index  to  the  aots  end  resolutions  of  Congress, 
efter  tiie  eloee  of  every  seialon,''  was  read  the 
thhrd  time,  eed  paesed. 

BEMIBSION  OF  Dtm£& 
Mr«  lUhAmMf  from  the  Committee  of  Cem- 
laeiee  end  MenelietefeB,  made  e  report  on  the 
paiitien  of  CHtTer  H.  Hieks.  and  Lockwood  de 
Fofeat,  which  was  read,  and  the  resolution  therein 
^entewed  waa  eoncnmd  in  by  the  Hoese^  Ti» 
rtisns  follows:  ^ 


Th»pstiHMisreitotB,ihat  on  the  8dief  Ime,  1816, 
tbay  iaipsslMl  imo  the  dietnetef  New  Yeik,  in^hc 


BfiM^frsm  Bariiice,  thii1gF<«tBs  tisrcsssaid 
ene  hsnal  of  cqCm  ;  thstt  imf  iiiJalsiji  epun  landing 
jl,  the  wharf  bdi«  crowded,  itwes  lemofed  wla  the 
etoieef  the  pstitionsis;  that,  some  tine  itftenraMb, 
thsT  sold  it  by  samples  taken  Aom  a  number  of  the 
ceA8»  and  on  the  8th  August  following  commensad 
delireriiKg  it  to  the  poichasar.  It  was  then  discorered 
that  eifhteen  of  the  casks  were  damaged,  and,  upon 
sn  spiittcmtion  to  the  ci^lector  ior  an  apiursisefflent,aBd 
dfldoction  of  the  duties,  he  had  no  power  to  act,  the 
tfane  allowed  by  law  haTing  expired.  The  petitioners 
thenhad  it  examined  br  the  wardens  of  the  port,  and 
vppraised  by  km  merehants,  and  they  pray  Uongress 
to  pMs  an  act  autherixittg  a  deduction  of  the  duties  in 
f  Am  damage. 


The  aet  of  OoagrcMi  aulhoriifog  a  deduction  eCdU- 
lAmon  damaged  goods  provides  dmt  nasndi  aDowanee 
for  the  dasMge  on  goods  that  have  been  eatefed,end 
on  which  the  duties  haTe  been  paid  or  secured,  and 
for  whmh  permit  has  been  granted,  and  wfaieh  en  an 
examination  prove  to  be  damaged,  shall  be  made,^nn- 
less  proof  to  ascertain  such  damage  shall  be  lodged  in 


the  customphoQse  within  ten  dsys  after  landing  sttA 
merchandise. 

In  this  case  the  coflee  had  been  entered,  the  detms 
secnred,  permit  granted,  and  the  merchandise  actual^ 
in  the  possession  of  the  owi^ers,  and  under  their  eh- 
servation,  two  months  before  any  damage  was  alleged ; 
and  the  case  Is  therefore,  withm  both  the  letter  and 
spirit  of  the  law. 

Although  it  may  be  proper  for  Congress  to  grant 
relief  in  cases  coming  within  the  letter  of  the  Utw, 
though  not  witfiin  its  spirit,  it  would  be  a  dangerous 
pvecedent  to  rellete  in  a  case  coming  deariy  within 
the  miKhief  designed  to  be  guarded  agabut,  and  that 
too  by  the  aet  of  the  owner. 

The  aet  of  Congreai  is  intended  to  guard  ag^nst 
all  the  means  of  fraud,  and  has  allowed  the  owner  ten 
days  for  the  discovery  of  tiie  damage,  ptesmmiig  it 
necessary  for  the  saiety  of  the  xevenue  thatalenger 
time  should  not  be  afiMded. 

In  this  case,  the  owners  took  the  merchandise  frim 
the  wharf  at  their  owe  risk  ;  if  they  neglected  to  ex- 
amine it  sooner,  it  is  their  own  fault,  and  there  is  no 
reason  shown  to  the  committee  why  a  greater  indul- 
gence should  be  given  than  is  allowed  in  ordinary 
cases. 

It  does,  however,  appear  that  this  coflee  did  not  al- 
together escape  the  observation  of  the  petitioners; 
they  actually  sold  it  by  samples ;  and  though  it  so 
happened  that  the  samples  were  all  taken  from  the 
sound  casks,  it  is  not  an  accident  for  which  the  Gov- 
emment  should  be  liable.  The  committee,  therefore, 
^eeommend  tiie  foOMring  resolution : 

JSasofoed,  That  te  prayer  of  the  petitloneia  ought 
not  to  be  granted. 

NATIONAL  FLAG. 

The  House  then  resolred  itself  ioto  a  Com- 
mittee of  the  Whole  on  the  Mil  to  alter  tbe  flag 
of  tbe  United  8utes  FproTtding  that  from  and 
after  the  fourth  ^ay  of  July  next,  the  fla^  of  the 
United  States  be  thirteen  horizontal  stripes,  al- 
ternate red  and  white ;  that  the  Union  be  twenty 
stars,  white  in  a  blue  field ;  and  that,  on  the  ad- 
mission of  erery  new  State  into  the  Union,  one 
star  be  added  to  tbe  Union  of  tbe  flbg.  and  thet 
such  addition  shall  take  effect  on  the  rourth  dey 
of  July  then  next  succeeding  such  admission.] 

Mr.  Wbn DOTen  t'ose.  In  complyingwitb  a  duty 
incumbent  on  me,  said  Mr.  W.,  as  resulting  from 
a  proposition  I  bad  the  honor  to  submit  to  the 
House,  for  altering  in  part  tbe  flag  of  tbe  United 
States,  I  feel  no  disposition  to  consume  much 
of  the  time  of  the  Committee,  or  to  indolffc  in 
the  many  obserrations  which  the  nature  of  the 
subject  might  appear  to  justify.  Bet  I  ask  the 
patience  of  the  Committee  while  I  state  a  few 
of  the  considerations  which  present  themselves 
in  favor  of  the  bill  now  on  your  teble. 

Sir,  tbe  importance  attacbed  to  a  national  flag, 
both  in  its  literal  and  figurative  use,  is  so  univer- 
sal, and  of  such  ancient  origin,  that  we  seldom 


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1460 


ILofR. 


National  Flag. 


March,  1818. 


inquire  into  the  meaning  of  their  various  figures, 
as  adopted  by  other  nations,  and  are  in  some  dan- 
ger of  forgetting  the  symbolical  application  of 
those  composing  that  of  our  own. 

Were  we  now  about  to  devise  suitable  emblems 
for  a  national  flag,  I  doubt  not  we  should  see 
much  diversity  of  sentiment,  and  perhaps  some 
efforts  for  local  gratification  ;  but  I  presume  we 
should  unite  in  some  general  and  appropriate 
figures,  referring  not  to  sectional  but  national 
objects.  But  on  this  subject  we  need  not  differ. 
Suitable  symbols  were  devised  by  those  who  laid 
the  foundation  of  the  Republic ;  and  I  hope  their 
children  will  ever  feel  themselves  in  honor  pre- 
cluded from  changing  these,  except  so  far  as  ne- 
cessity mav  dictate,  and  with  a  direct  view  of 
expressing  by  them  their  original  design. 

Mr.  Chairman,  I  am  not  particularly  inform- 
ed as  to  the  origin  of  our  flag;  but  have  repeat- 
edly heard  it  was  first  used  by  a  citizen  of  Phi- 
ladelphia, on  his  own  vessel,  and  afterwards 
adopted  by  the  Congress  of  the  Revolution,  as 
appropriate  to  and  emblematical  of  these  confed- 
erated States,  contending  for  the  rights  of  man. 
and  the  rich  boon  of  an  independent  Government. 
At  its  adoption  our  flag  was  founded  on  a  repre- 
sentative principle,  and  in  the  arrangement  oi  its 
parts  made  applicable  to  the  number  of  the  States 
then  united  against  the  common  foe. 

The  same  representative  principle  was  retain- 
ed and  applied  when  the  flag  was  altered ;  but 
experience  having  shown  that  a  similar  extension 
of  numbers  throughout,  the  flag  would  now  be 
improper  and  inconvenient.  It  is  worthy  the  at- 
tention of  the  National  Legislature  again  to  con- 
sider the  subject,  and  see  if  it  be  practicable  to 
retain  in  it  the  object  contemplated  by  its  found- 
era,  as  pointing  to  the  component  parts  of  the 
nation,  without  losing  sight  of  the  original  for- 
mation of  this  Crovernment  as  a  free  republic. 

Sir,  the  flag  of  the  United  States  having  un< 
dergone  some  change,  and  in  its  present  state  be- 
ing altogether  inappropriate,  we  are  called  upon 
to  determine  whether  a  further  change  be  not  ad- 
visable, and,  if  it  be,  what  alteration  will  be  most 
proper,  and  best  to  apply  to  the  present  and  rela- 
iive  state  of  the  nation,  consistent  with  the  rep- 
resentative character  oif  the  flag.  If  you  do  not 
alter  it,  you  do  injustice  to  the  States  admitted 
into  the  Union  since  the  former  alteration  ;  and 
if  you  alter  in  the  way  as  before,  you  will  destroy 
the  conspicuity  of  your  flag,  and  render  it  too 
indistinct  to  be  known  at  a  distance,  and  increase 
the  inconvenience  already  experienced. 

At  the  present  day,  and  particularly  since  the 
commencement  of  the  late  war,  there  are  few 
vessels,  however  small,  if  they  carry  a  mast,  but 
4re  furnished  with  a  flag  of  some  description; 
and  it  is  well  known  to  gentlemen  living  on  the 
seaboard,  and  others,  that  it  is  impracticable  for 
small  vesseb  to  conform  even  to  the  present  law ; 
and  the  law  iuelf  does  not  correspond  with  the 
existing  or  original  facts. 

The  flag  of  the  United  States  was  altered  by 
law,  from  thirteen  to  fifteen  stripes  and  stars,  on 
the  first  of  May,  1795,  to  appljr  to  the  admission 


of  Vermont  and  Kentucky  into  the  Union.  On 
the  first  of  June,  1796,  Tennessee  was  admitted. 
Thus  the  alteration  was  applicable  to  the  fact  on 
which  it  was  predicated,  tor  the  short  space  of 
one  year  and  one  month.  On  the  19th  of  Febru- 
ary, 1803,  Ohio  was  admitted,  Louisiana  on  the 
30th  of  April,  1812.  Indiana  was  admitted  at 
the  last  session  of  Congress,  and  Mississippi  at 
the  present  session,  and  you  now  have  on  your 
table  a  bill  for  the  admission  of  another  State. 
Calculatinj;  on  such  a  result  caused  many  to  re- 
gret the  former  alteration ;  and  no  doubt  the 
same  reason  operated  in  the  House  of  Represent- 
atives when  the  bill  passed,  and  will  account  for 
the  small  majority  of  eight  by  which  it  succeeded. 

[  presume  none  will  now  advocate  the  proprie- 
ty of  continuing  the  fifteen  stripes  as  at  present; 
that  number  was  founded  on  a  mere  contingency. 
which  has  since  repeatedly  happened,  and  will 
frequently  occur ;  whereas  the  number  proposed 
by  the  bill  refers  to  our  national  origin,  and  is 
equally  interesting  to  all. 

Sir,  it  cannot  be  deemed  proper  to  go  on  and 
increase  the  stripes  in  your  flag.  There  are  now 
twenty  States ;  what  number  they  will  ultioMte- 
ly  extend  to  none  can  conjecture.  For  my  own 
part,  I  doubt  not  there  will  in  time  be  accessions 
from  the  East,  from  the  North,  from  the  West, 
and  from  the  South.  Sir,  I  am  not  now  speaking 
of  conquest.  I  am  willing  every  people  shonU 
"  manage  their  own  afiairs  in  their  own  way*" 
But  I  can  no  more  believe  that  any  portion  of  the 
earth  will  remain  in  perpetual  thraldom,  and  be 
forever  tributary  to  a  foreign  Power,  than  I  caa 
subscribe  to  the  doctrine  of  a  ceaseless  snccession 
of  legitimate  kings. 

Sir,  it  cannot  be  deemed  desirable,  under  the 
existing  state  of  things,  in  relation  to  the  stripes 
and  stars  in  the  flag,  to  retain  it  in  its  present 
situation;  it  is  not  only  inapplicable,  but  botk 
parts  refer  to  the  same  thing,  and  the  one  is  a 
duplicate  of  the  other ;  but  the  alteration  pro- 
posed will  direct  the  view  to  two  striking  facts 
in  our  national  history,  and  teach  the  world  airim- 
portant  reality,  that  republican  govemment  is 
not  only  practicable,  but  that  it  is  also  proffretsive. 

Is  it  desirable  to  produce  greater  unitormity? 
Most  undoubtedly  it  is.  In  the  navy  the  law  is 
generally  conformed  to,  but  it  is  well  known  tlMC 
uniformity  does  not  elsewhere  exist.  If  eridMce 
were  wanting,  among  other  and  numeroas  in- 
stances, I  would  refer  you  to  the  flag  at  this  ibo- 
ment  waving  over  the  heads  of  the  Reppsseata^ 
tives  of  the  nation,  and  two  others  in  sfffht,  eqaal- 
ly  the  flags  of  the  Grovernment:  white  the  law 
directs  that  the  flag  shall  contain  fifteen,  that  ott 
the  Hall  of  Oonfipress,  whence  laws  emanate,  has 
but  thirteen,  and  those  at  the  Navy  Yard  and 
Marine  Barracks  have  each  at  least  eighteen 
stripes.  Nor  can  I  omit  to  mention  the  flag  un- 
der which  the  last  Congress  sat  during  its  first 
session,  which,  from  some  cause  or  other  un- 
known to  me,  had  but  nine  stripes.  But  eveo 
that  flag,  with  all  its  defects,  was  entitled  to 
much  honor^or  it  was  not  only  striped,  bat,  to 
use  another  British  cant,  it  was  ^^Ra^gad  maU^ 


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l^kakmtd  flag. 


H.  OP  R. 


fR^^  and  wts  the  Unt  fktg  boiftod  oa  tlie  Hall 
of  CoBgress,  tfter  the  proverbial  "Bulwark  of 
MeHgumP  had  here,  in  this  citv,  shown  its  anxious 
solicitude  to  promote  the  useral  arts. 

Sir,  I  consider  the  plan  proposed  as  in  anison 
with  the  original  design  ;  it  points  to  the  States 
as  thejr  commenced  and  as  they  now  are,  and 
will,  with  an  inconsiderable  addition,  direct  the 
xniod  to  a  future  state  of  things.  The  necessary 
alteration,  either  now  or  hereafter,  can  be  made 
by  almost  any  person,  at  an^r  place  and  at  any 
tiaej  and  the  proposition,  if  adopted,  will  in 
future  save  the  expense  of  legislating  on  the 
subject. 

The  committee  who  reported  this  bill  deemed 
it  advisable  to  direct  that  the  stripes  be  horizon- 
tal s  this  is  now  the  form  in  use ;  but  it  results 
from  example,  and  not  from  the  act,  and  would 
be  eqoalljr  conformable  to  law,  if  the  stripes  were 
arranged  in  a  perpendicular  direction.  There  is, 
iDdeed,  one  exception  in  practice.  Under  the 
laws  lor  the  collection  of  impost  and  tonnage. 
the  Executive  has  dii^ected  that  the  cutters^ ana 
boats  employed  in  this  service  shall  carrjr  ensigns 
and  peanants,  with  perpendicular  stripes,  and 
other  marks  of  distinction ;  but  this  being  alter- 
able at  the  pleasure  of  the  President,  forms  no 
objection  to  the  proposition  in  the  bill ;  and  it  is 
obviouslv  proper  to  deflne  the  form  in  this  parti- 
cular, when  it  is  considered  that  in  this  only  has 
been  the  distinction  between  the  flags  of  two  dif- 
ferent nations,  and  was  recently  the  case  as  re- 
garded those  of  France  and  Holland. 

As  to  the  particular  disposition  of  the  stars 
in  the  union  of  the  flag,  the  committee  were  of 
opinion  that  might  be  left  at  the  discretion  of 
persons  more  immediately  concerned  i  either  to 
arrang:e  them  in  the  form  of  one  great  luminary, 
or  in  the  words  of  the  original  resolution  of  1777, 
^  repretenting  a  new  constellatioa." 

Mr.  ClMirman,  in  viewing  this  sntajeet.  there 
appears  to  be  a  happy  coincidence  of  circum- 
tttaees,  in  having  adopted  the  symbols  in  rour 
flttfi  and  a  peculiar  fitness  of  things,  in  making 
the  proposed  alteration.  In  that  part  designed  at 
a  distance  to  characterize  your  country,  and 
-which  ought,  for  the  information  of  other  na- 
tions, to  appear  conspicuous  and  remain  perma- 
nenty  vou  present  the  number  of  the  stars  that 
bi^rst  the  bands  of  oppression,  and  achieved  vour 
independence ;  while  in  the  part  intended  for  a 
nearer,  or  home  view,  jovl  see  a  representation  of 
your  happy  Union  as  it  now  exists,  and  space 
saffieient  to  embrace  the  symbols  of  those  who 
majr  hereafter  join  under  your  banners. 

Bir^  could  1  be  so  fimrtunate  as  to  eseape  the 
chaige  of  aisuddng  ftney  for  faet,  and  be  per- 
mitted, on  this  figmrative  subject,  to  draw  a  par- 
allel, I  should  attempt  to  show  that,  in  anot^r 
|iDint  of  view  there  is  a  propriety  and  an  aptness 
in  haYing  adopted  and  in  now  restoring  the  thir- 
teen stripes.  Sir,  you  have  recently  been  at  war 
with  a  powerful  nation ;  that  war,  from  its  de- 
claration to  its  final  termination,  continued  pre- 
cisely three  years.  In  that  war,  though  your 
arms  were  generally  victorious,  yet  in  a  more 


signal  manner,  in  the  first  year,  you  beat  the  e^ 
emy  on  the  ocean ;  in  the  second  year,  on  the 
lakes ;  and  in  the  third  year,  on  the  land.  Thai, 
then,  by  tripiieatton,  indicated  by  the  time  ihiF$e 
peon,  or  by  the  fact  of  conquest  over  the  thfte 
descriptions  of  force  arrayed  against  you,  and 
viewing  your  flag  as  of  right  composed  of  thir- 
teen stripes,  you  have  but  executed  the  authority 
vested  in  the  Israelites  of  old  in  cases  of  eontid- 
versy,  and  beaten  the  enemy  with  forty  ^^ripeg, 
wave  one. 

Sir,  the  proposition  before  you  is  predicated 
on  the  ftct  already  stated,  that  your  flag  has  been 
altered.  Were  it  no#ko,  I  presume  it  would  not 
now  be  chan^ ;  it  is  at  present  inapplicable  to 
original  or  existing  facts;  let  it  now  oe  made  to 
refer  to  both.  Where  is  the  American  who  feeb 
not  a  becoming  pride  and  mtitode  in  retraspeei- 
ing  to  the  days  of  the  Revolution;  when  the 
blood  of  our  mthers  profusely  flowed,  to  procure 
for  us  a  rich  inheritance?  In  their  memory,  and 
to  their  honor,  let  us  restore  substantklly  the  flag 
under  which  they  conquered,  and  at  the  same 
time  engraft  into  its  figure  the  after-fruits  of  their 
toil.  / 

Mr.  Chairman,  I  hope  this  bill  will  pass,  and 
wish  it  to  pass  with  much  unanimity  ;  not  only 
because  I  belike  it  will  meet  the  public  appro- 
bation, and  be  best  calculated  to  give  sufficient 
permanency  to  the  form  of  your  fli^,  but  because 
there  yet  remains  a  few,  and,  indeed,  but  few, 
who  first  nerved  their  arm  to  raise  this  banner 
of  freedom,  and  nobly  defended  it,  through  ca»- 
nage  and  blood,  to  victory  and  to  peace.  With 
horary  locks  and  totterinc^  frame  they  have  been 
preserved  to  see  it  acquire  a  renown  which  I  trust 
will  never  fade;  and  have  lived  to  witness  in 
their  sons  that  heroic  spirit,  which  assures  them 
that  their  privations  and  their  arduous  struggle 
in  defence  of  liberty  have  not  been  in  vain. 

Sir,  I  believe  it  is  now  the  time  to  legislate  on 
this  subject ;  your  flag  now  stands  pre-eminentty 
high  in  the  estimation  of  other  nations,  and  it  U 
jcntly  the  pride  of  your  own.  And  altnoi^,  for 
a  moment,  your  flag  was  veiled  at  Detroit,  and 
left  to  droop  at  Castine;  and  although  (if  I  may 
so  express  it)  it  was  made  to  weep  at  Washkafl- 
ton.  it  has  not  lost  ito  lustre— it  remains  uneiu- 
liecl.  No  disgrace  has  attached  to  your  ''star- 
spangled  banner.''  It  has  been  the  signal  of  vic- 
tory on  the  land,  of  successful  valor  on  the  Meet, 
and  waved  triumphantly  on  the  oeean.  And 
even  on  thoee  who  predicted  that  in  '*  nine  montba 
the  striped  bunting  would  be  swept  from  the 
ocean,"  it  possessed  the  wonderful  charm,  that 
before  the  nme  months  had  elapsed,  ^fir^buik 
frigates"  and  "  Yankee  cock*boats"  were  magni- 
fied ittto^^ships-olkhe-line;"  and  His  Mi^ty's 
faUhfid  officers,  careful  for  the  preservauon  of 
BriXuh  Oak,  sought  protection  for  their  frigates 
uader  the  convoy  of  seventy-foor«gttn  ships. 

Sir,  this  subject  has  for  some  time  been  before 
the  public ;  it  has  been  examined  and  approved 
by  many  gentlemen  of  rank  and  experience  in 
the  Navy  and  Army  of  the  United  Smtes;  it 
meets  the  approbation  of  the  gentlemen  at  tin 


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IMi 


BLopR. 


Spanish  American  Provinees. 


March,  1818. 


head  of  these  departments ;  and,  as  far  as  I  am 
informed,  that  of  the  public  generally;  and  I 
presume  none  will  doabt  the  propriety  of  endea- 
Torlog  to  produce  greater  uniformity  in  the  use 
of  the  flag,  as  well  as  to  give  it  a  more  significant 
application  than  it  now  has. 

But,  sir,  whatever  be  the  fate  of  this  bill,  I 
hope  the  time  is  not  distant  when  you  will  elve 
to  your  fla^  its  deserved  honor,  as  the  guardian 
of  your  citizens;  when  your  hardy  seamen  shall 
no  longer  be  doomed  to  the  degradation  to  ask 
for,  nor  you  to  sive  them,  paper  protections;  but, 
when  they  shall  point  aloft  to  the  flag  of  their 
country,  and  say,  '^  This  il  the  protection  of  free- 
men; under  this  we  desire  peacefully  to  traverse 
the  ocean  and  sail  to  every  clime.  But  perish  the 
arm  that  shall  attempt  to  seize  upon  our  persons ; 
and  wo  to  the  nation  that  shall  dare  to  infringe 
our  country's  rights !"  And  whenever  called  to 
the  contest  by  the  voice  of  their  country,  may 
they  rally  round  the  "  star-spangled  banner,*'  and 
emphatically  exclaim — 

"  High-waving,  unsullied,  unstruck,  proudly  showeth, 
What  each  friend,  and  each  foe,  and  each  neutral 

well  knoweth ; 
That  her  path  la  etherial,  hiffh  she  aspires, 
Her  stripes  aloft  streaming,  like  boreal  fires." 
Joined  with  Stars,  "They  astoniah,  dismay,  or  de- 

ligK 
As  the  foe,  or  the  friend,  may  encoanter  the  sight." 

Mr.  Chairman,  I  shall  add  no  more.  The  sub- 
ject is  plain  and  well  understood :  and  though 
not  of  a  character  to  be  classed  with  those  of  the 
highest  national  importance,  is  still  proper  to  be 
acted  on.  and  worthy  the  attention  of  the  Repre- 
aentatives  of  a  people  whose  flag  will  never  be 
insulted  for  want  of  protectors,  and  which^  I  hope 
and  believe,  will  never  be  struck  to  an  inferior 
or  equal  force. 

Mr.  PoiNDEXTBR  movcd  to  amend  the  bill  by 
reduoiag  the  number  of  stars  to  seven,  the  num- 
ber of  States  added  to  the  Union  since  the  decla- 
-ratioii  of  Independence,  leaving  the  number  of 
•alripee  as  the  bill  proposed;  so  that  the  stars 
might  repreaent  the  number  of  new  States,  and 
tbe.atdpes  answer  to  the  number  of  the  original 
thirteen  States;  which  motion  Mr.  P.  advocated 
bf  several  arguments. 

Mr.  StfiTB,  of  Maryland,  made  a  few  remarks 
IB  opposition  to  this  motion ;  to  whom 

Mr.  RoBfiRTSON,  of  Louisiana,  replied,  and 
aapported  the  moiion  of  Mr.  Pom dbxtbr  against 
tJbe  proposition  cootained  in  the  bill. 

Mr.  PouiDBXTBR'a  motion  was  lost  without  a 
division,  and  the  Committee  rose  and  reported 
the  bili  to  the  House  without  amendment. 

Mr.  P.  then  renewed  his  motion  without  sue- 
eeas;  wImb 

Mr«  FouiBB  moved  to  strike  out  theaeeood 
section  of  the  bill)  providing  for  the  additioBal 
aU0  for  arery  new  State,  and  to  amend  the  first 
aedion  by  fixing  the  aambar  of  sursBt  thirteen 
instead  of  twenty. 

Tliit  motioB  Itbs  negaiif  ed^  aad  the  bill  was , 
ofdeeed  to  be  oAgroseed  for  a  third  leading.  \ 


SPANISH  AMERICAN  PROVINCES. 

The  House  went  into  Committee  of  the  Whole 
on  the  appropriiation  bill;  the  clause  appropri- 
ating thirty  thousand  dollars  for  compensation 
to  the  Commissioners,  sent  to  South  America  bj 
the  Executive  in  December  last,  under  coBsi^ 
eratioD. 

Mr.  Clay  wished  to  know  if  this  appropriatioA 
was  to  defray  the  expenses  of  the  commissioa 
lately  sent  to  South  America ;  if  so,  he  would  ask 
of  the  chairmen  of  the  Committee  of  Ways  and 
Means  and  the  Committee  of  Foreign  RelatiouL 
whether  those  Commissioners  were  furnished 
with  credentials,  and  if  their  appointment  had 
been  confirmed  by  the  Senate;  also,  to  what 
ports  of  South  America  they  were  sent,  and  the 
probable  duration  of  the  commission  ;  and^  also, 
if  it  would  not  be  looking  too  much  into  its  ob- 
jects, he  would  be  glad  to  know  what  those  ob- 
jects were. 

Mr.  Lowndes  said,  that  although  he  had  not 
all  the  information  required  by  the  Speaker,  ]rei, 
he  was  possessed  of  something  on  the  subject 
more  than  newspaper  intelligence.  It  must  be 
recollected  that  the  objects  of  the  Committee  of 
Ways  and  Means  were  confined  merely  to  the 
financial  department ;  they  had,  however,  some 
information  on  this  subject,  received  in  reply  to 
some  inquiries  that  the  committee  had,  in  the 
performance  of  their  duties,  addressed  to  the  De- 
partment of  State,  which  would  answer  the 
Speaker's  inquiry  as  to  the  credentials  and  the  ' 
probable  duration  of  the  commission.  The  other 
points  did  not  come  within  the  objects  belonging 
to  the  Committee  of  Ways  and  Means. 

The  papers  referred  to  by  Mr.  L.  were  handed 
up  by  him,  and  read  as  follows : 

DxrAaTxxvT  or  SrATXt  diareh  S,  181$. 

Sia :  I  have  the  honor  to  enclose  a  copy  of  tka  i 
mission  from  this  Department  with  which  Mt 
Rodney,  Graham,  and  Bland,  were  fumiahed  bj  i 
tion  of  the  President.  They  have,  as  jeu  will  f«- 
ceive,  no  distinct  diplomatic  rank.  They  are  ezpaclad 
to  be  absent  seven  or  eight  months ;  and  the  ntmyw 
sation  allowed  them  by  the  President  is  96,000  each, 
and  $2,000  to  their  Secretary.  Their  expenses  on  the 
▼oyage,  until  their  return,  except  while  on  Aon  ul 
South  America,  are  likewise  allowed;  and  Messrs. 
Rodney  and  Graham  having  been  appointed  in  JuBe 
last,  and  prepared  to  go,  but  by  various  acddenta  dsK 
tained  until  the  beginning  of  December,  when  ther 
sailed,  claim  on  that  account  a  farther  allowance.  U, 
after  their  arrival  at  Baenos  Ay  res,  they  find  it  advl»- 
able  that  one  or  more  of  them  should  remslB  oniltat 
continent,  and  go  to  Chili,  that  aeasare  ia  vHMbl 
their  discretionafy  powers.  As  this  cotttiageo^  waa, 
however,  not  expected  as  probable ;  amd,  S  If  ihmtf 
occur,  it  was  not  fbreaeen  to  what  extent  of  Itaie  it 
might  go,  no  specific  allowance  was  fixed  mpon  inr  it. 
Under  these  drotimstanoes,  it  was  antisipated  tluU  Ike 
sum  of  thirty  thousand  dollars  would  not  moos  ikuL 
suffice  to  cover  the  expenses  of  the  aussioB. 

I  am,  with  great  respect,  sir,  your  veiy  humble  aBd 
obedient  servant, 

JOHN  q.  ADAMS. 

W.  LowBBBs,  Esq.,  Ckmrmmh  4pc 


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aJKMlM  illll9PiMM  M^f*99m&Ul^ 


H«  otRw 


Be  it  Known,  Cenr  Augiutas  Rodney,  John  Gra- 
hani^  and  Theodorick  Bland,  three  distingQished  dd- 
nna  of  the  UDited  Statet,  and  enjoying,  in  a  high  de- 
gree,  the  coniidenee  and  esteem  of  the  President,  are 
about  to  ^isit,  in  a  national  ship,  on  jnst  and  friendly 
ohjeets,  md  at  the  special  desire  of  the  President,  di- 
Ten  pbeee  and  countries  in  South  Amenca. 

These  aie  therefore  to  reqnert  that,  whitheraoeyer 
theY  aay  go,  they,  with  their  snite,  may  be  received 
ana  tnatsd  in  %  manner  dae  to  the  confidence  reposed 
in  them,  and  each  of  them,  as  aforesaid,  by  the  Pren- 
dent  of  the  United  States,  and  to  their  own  merit. 

€5vm  nnder  my  hand,  and  the  seal  of  the  Depart- 
r       -y  ment  of  State,  this  twenty-fourth  day  of  NoTcm- 
^       •>  ber,  in  the  year  of  onr  Lord  one  thousand  eifl^t 
homdrod  and  serenteeiu 

JOHN  Q.  ADAMS, 

Suretwtf  of  State. 

Mr.  Clat rose,  not,  he  said,  to  make  aoy  objee* 
tioB  10  the  three  retpeetable  citizens  for  whom 
Ukis  Appropriation  was  iDtended— that  was  not 
his  object  I  boi  to  enter  bis  protest  to  this  kind  of 

rropriation  by  Coogrees.  As  to  the  object  of 
coamiesion,  he  thonght  it  of  Terr  little  ase 
ht  the  expenditure  of  poblie  money ;  ne  referred 
10  the  Tiews  avowed,  and  the  directions  to  touch 
at  ^enos  Ayres,  dbc,  and  said,  if  the  object  of 
the  commission  wae  to  acqaire  iafomatioD  of 
the  aenial  state  of  affairs  in  the  Sombern  proir* 
ioces,  It  wae  the  most  unfortunate  mode  that 
eoDld  baTO  been  adopted  for  that  purpose.  What, 
ashed  Mr.  C,  was  this  mode?  Three  distin- 
guished eitizens  are  selected,  their  appointment 
and  intentions  are  announced  by  the  newspapers, 
months  befbre  Ibeir  departure,  then  declared  by 
dM  FrcBident  himself,  and  made  known  to  the 
whole  world;  and  thejr  depart  with  all  the  para- 
phernalia of  public  Ministers;  information  of 
riieir  object  preoedes  them  wherever  they  go.  As 
toon  as  they  arrive  at  a  South  American  port 
they  are  surrounded  by  all  the  factions  in  the 
eeuatry  ;  royalists,  if  there  were  any,  as  well  as 
lepttblieans  \  who  strive  to  prejudice  them  in  fa- 
vor of  their  respective  interests,  to  mislead  their 
judgments  and  prevent  the  getting  correct  infor*> 
m«tien  of  the  real  condition  of  things.  Mr.  C. 
described  the  extent  of  the  interior  provinces  of 
Boenos  Ajrrcs,  to  show  that  the  time  allowed  to 
the  Commissioners  (if  they  were  itequainted  with 
the  laoguagcL  manners,  and  habits,  of  the  coun- 
try) was  iaade||uate  to  enable  them  to  make  any 
material  addition  to  our  stock  of  information  \ 
b«f,  even  if  they-oould,  were  they  to  range  the 
w4iofe  continent,  and  visit  even  ihe  armies,  whe- 
ther successful  or  not,  of  the  diflbrent  parties,  still, 
their  object  being  known,  ihev  would  everywhere 
be  liable  io  the  same  deeeption  and  imposition. 
Correct  informatioB  they  would  not  obtain.  The 
proper  coarse  to  have  adopted,  Mr.  C.  said,  was 
tadespatchan  individual  unknown  to  all  parties; 
ioaie  intelligent,  keen,  silent,  and  observing  man, 
of  pleasing  address  and  insinuating  manners,  who, 
eoocealing  the  object  of  hie  visit,  would  see  and 
bear  everything,  and  report  it  faithfully. 
Bat  it  was  not  to  the  et»ject  of  the  appropriation, 


boldly  as  the  mission  had  been  devised,  that  Mr* 
C.  rose  to  objeet ;  it  was  the  Constitutional  point 
it  involved  tha:t  made  it  obnoxious;  and  he  read 
the  clause  of  the  Constitution  which  requires  th« 
consent  and  concurrence  of  the  Senate  to  all  ap- 
pointments not  specifically  provided  for  by  Urw, 
to  show  that  these  Commissioners  should  have 
been  nominated  to  that  body**taking  it  for  grant* 
ed,  that  they  had  nDt  been  submitt^  to  the  Sen- 
ate. The  President  had  not  only  made  these 
appointments  without  the  anthority  of  the  Con- 
stitution, or  of  any  law  recognising  them,  but 
in  dero^ion  from  a  positive  act  oi  Congress. 
There  was  an  act  of  Congress  fixing  the  gm^e 
of  the  only  Ministers  we  sent  abroad,  aad  it  pro- 
vided for  two  cases  only,  that  of  Minister  Pleni* 
poteotiary  and  that  of  Charge  des  Affiuves.  To 
the  first  it  assigned  a  salary  of  ^/XX))  to  the  laai 
a  salary  of  $4^500.  Here  were  CommisBioaatSw 
then,  sent  with  a  salary  fixed  by  the  sole  aatbofo 
ity  of  the  President,  and  not  conformable  to  that 
prescribed  by  the  law  in  either  of  the  two  grades*. 
If  he  mi^ht  assiga  $6,000,  what  was  there  to^ 
prevent  his  allowance  of  50^000?  It  might  h» 
said  in  that  case  this  House  would  afford  a  reme«- 
dy  ;  but  irentlemen  would  perocave  bow  difiaalt 
it  would  be,  to  withhold  from  an  agent  an  appro- 
priation, which  had  b««ii  promised  and  pled^d 
by  the  Bxecutive.  There  was  a  contingent fiind 
of  950,000  allowed  to  the  President  by  lam  whicb 
he  was  authorized  to  expend  without  rendering 
to  Congress  any  account  of  it — i«  was  confided- 
to  his  discretion,  and,  if  the  compeasafioa  of  the 
Commissioners  had  been  made  from  that  fwd, 
Mr«  C.  said,  it  would  aol  have  been  a  proper 
subject  for  inquiry ;  but,  under  present  circum*> 
stances,  in  opposition  to  the  ConstituiioD,  ho 
could  not  be  going  too  far,  in  eiviog  at  least  his 
protest  to  this  appropriation.  It  was  net  his  in- 
ten^n  to  make  any  motion  on  the  sabjeot,  and 
he  made  none* 

Mr.  FoRSTTB  said,  the  Constitutiett  veAs  the 
fihtecetive  with  the  powers  to  make  appointmenta 
in  the  recess  of  the  Senate.  Whether  tfaesa  w«re 
such  as  required  the  coafirmatioa  of  the  Senate, 
had  been  or  would  beeohmitted  for  that^puapese^ 
to  that  body,  be  did  not  know,  nor  wae  tt  nece»^ 
sary  to  iaqmre.  He  presmmed  what  eatfht  t^be 
done  would  be  done,  and  he  was  disposed  to  leave 
the^ttbjeet  to  the  Bkecutlve  and  to  the  Senate,  ta 
whom  It  more  properly  belonged.  If  the  idea  of 
the  Speaker  wan  correal  and  these  were  oAsew 
requiring  a  nomination  to,  and  the  afypropnatleift 
of  the  Seaate,  yet,  as  they  were  appoiniai  in  tiM 
reoess,  no  Constitutioaal  wrong  had  bean  done  i« 
their  appointment.  But  the  S|Mker  had  objected 
to  this  commission,  because  it  was  useless,  if  i< 
was  Information  they  went  for.  Was  it  not  pro^ 
per  and  necessary,  Mr.  F.  asked,  for  the  Govern* 
ment  to  have  information^the  state  of  the  South 
Amerioan  provinces**^  their  actual  politioal 
condition,  their  prospeotaof  success.^.  1  Ifso^ 
thia  inibrmation  cowd  be  obtaineo  only  mxmm 
WKjd^bf  the  newspapers,  or  by  ageau  sent  oM 
fiMT  the  purpose.  The  vagM  and  uaeertai^rB* 
poiM  given  ra  the  newspapeia«auld  wm  bataiied 


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Mabch,1818. 


OB,  and  the  Pr«sideit  hmd  thooffhi  proper  toseDd 
intdligeot  afenu  to  obtais  tne  knowledge  de- 
dfod.  It  was  probable  that  a  private  man  might 
have  obtained  this  information  better ;  bat  there 
was  another  point  to  be  considered— the  import* 
aaoe  of  this  information  to  the  Gtoyernment  was 
aiieh,  that  it  would  be  necessary  that  this  indivi- 
dual should  be  an  American,  and  the  kind  of  in- 
formation to  be  aeqoired  might  have  subjected 
him  to  the  fate  of  other  Americans  in  the  Span- 
ish provinces ;  he  might  have  been  thrown  into 
a  doageoB.  The  opposite  party  mij|ht  adopt 
this  coarse  to  prevent  his  communicating  the  in- 
formation he  should  have  acquired.  This  had 
been  done;  American  citiaens  had  beea  thrown 
into  dungeons.  In  whatever  aspect  this  subject 
was  viewed,  Blr.  F.  could  see  no  impropriety  in 
voting  this  appropriation.  It  was  true  the  Pree- 
ideat  miffht  have  taken  it  out  of  the  secret  ser- 
vice fond,  and  no  inauiry  would  have  been  made 
about  it  \  but,  in  order  to  meet  all  the  expenses 
of  the  mission,  it  might  have  been  necessary  to 
ask  a  further  appropriation  for  this  fund,  and 
then  the  inquiry  would  have  been  made,  for  what 
it  was  wanted.  The  present  course,  he  thought, 
was  aaore  honorable  and  fair.  It  would  have 
been  naoessary  nearly  to  double  the  ordinary 
contingent  fund,  and  it  would  have  been  i^  con* 
dusive  ob^tion  to  the  appropriation,  that  Con* 
giress  was  ignorant  of  the  object  to  which  it  was 
to  be  applied.  Would  the  House  have  been  wil- 
ling to  vote  an  addition  to  the  secret  service 
fmul,  for  what  might  have  been  considered  the 
eaaployment  of  spies  throughout  the  world? 
This  objection  to  such  an  appropriation,  he  be- 
lieved, would  have  been  made  with  effect;  and 
it  was  much  better  for  the  Executive  to  proceed 
in  the  present  open  and  frank  manner.  Mr.  F. 
took  occasicm,  in  reply  to  an  allusion  of  Mr.  Clit, 
to  say.  that  it  was  true  he  did  not  find  fault  with 
the  Executive  quite  as  often  as  the  honorable 
Speaker  had  latterly  done,  but  still  he  was  not  the 
defisader  of  all  Executive  measures.  The  Com- 
miaee  would  do  him  the  justice  to  recollect 
that  he  sometioMs  differed  fiom  the  Executive, 
and  never  failed  to  eensure  what  he  believed 
oeasurable. 

Mr.  Clay  said,  in  rejily,  that  Mr.  Foaarrn  had 
not  oontroverted  the  objection  that  theae  appoint- 
menu  liad  not  been  submitted  to  the  Senate. 
But  these  agenu  were  to  be  provided  for,  either 
in  the  quality  of  Ministars  or  Chaig6s  des  Afiairea; 
and,  considered  in  either  capacity,  the  House  was 
ealied  on  to  make  a  larger  appropriation  than 
was  authorized  by  law  for  officers  of  that  charac- 
ter. Aa  to  a  private  agent  being  liable  to  the 
fiite  mentioned  by  Mr.  Fonairra,  what,  he  asked, 
were  the  immunities  of  the  present  Commission^ 
era?  Nothinc  more,  he  said,  than  those  of  a  pri- 
vata  man.  It  had  even  been  decided,  in  the 
nllair  of  the  Russian  Consul  at  Philadelphia,  that 
Consul  Gknerals  were  not  entitled  to  the  immu- 
nities of  Ministers.  But,  could  not  the  President 
have  given  the  same  commissioa  to  one  man,  sent 
privately  to  obtain  information,  aa  to  those  three 
Commiaaiettera,  and  with  the  aame  efieet  and 


validity  ?  As  to  the  ob|ject  of  the  commission, 
Mr.  C.  again  asked,  how  these  gentlemen  were  to 
acquire  this  information  respecting  the  indepen- 
dence of  the  South  American  provinces  1  The 
fact  of  their  independence  was  not  to  be  estab- 
lished by  a  dedifMu  poUstatum  sent  out  to  take 
depositions.  The  independence  of  some  of  theae 
States  was  matter  of  history — was  too  notorious 
to  nguire  the  evidence  of  those  Commissioners. 
And  Mr.  C.  referred  to  the  condition  of  some  of  the 
South  American  States,  on  which  the  knowledge 
was  complete,  and  contended  that  they  had  been 
sent  to  parts,  with  regard  to  which  (Venezuela 
and  Buenos  Ayres,  for  example)  our  information 
was  most  perfect,  and  were  not  to  visit  all  thoae 
parts  (Mexico  and  New  Qrenada)  from  which 
we  most  wanted  it.  Mr.  C.  again  adverted  to  the 
manner  in  which  the  Commissioners  had  been 
appointed,  which  being  done  not  according  to  law. 
was  the  more  improper,  as  they  had  not  sailed 
till  after  the  meeting  of  Congress,  when  it  wonld 
have  been  scarcely  any  detention  to  have  waited 
the  coBcurrence  of  the  Senate,  which  was  in 
session  when  they  departed. 

Mr.  HoPKiNsoN  observed,  that  he  did  not  rise 
to  express  any  opinion  upon  the  object  or  utilitf 
of  the  mission  in  question^he  was  willing  to 
agree  in  both ;  but  he  desired  to  express  distinctly 
his  dissent  to  the  appropriatioa,  because  he  b^ 
lieved  the  appointment  of  these  Commissioaera 
was  of  a  kind,  under  the  provision  and  spirit  of. 
our  Constitution,  to  require  the  approbation  and 
assent  of  the  Senate,  and  because  be  had  up  rea- 
son to  believe  such  assent  had  ever  been  given 
by  the  Senate,  or  asked  by  the  Executive.  He 
thought  it  more  important  for  us,  as  the  Repre- 
tativcs  of  the  American  people,  to  attend  to  and 
guard  our  own  Constitution,  than  to  send  abroad 
to  inquire  into  the  form  of  government  of  other 
people.  Mr.  H.  said,  that  being  up,  he  would 
take  occasion  to  say  that  he  saw  little  or  no  dif- 
ference between  sending  a  Minister  without  con- 
sulting the  Senate,  in  a  case  when  their  assent  is 
admitted  to  be  necessary,  and  sending  him  just 
on  the  eve  of  the  meeting  of  that  body,  without 
any  known  urgency,  and  afterwards  submitting 
the  appointment  to  the  Senate.  Nobody  can  be- 
lieve  the  Senate  can  exercise  that  free  and  nnem* 
barrassed  judgment  upon  the  nomination  whidi 
the  Constitution  intended  they  should  have,  after 
the  Minister  had  actuallv  embarked  and  sailed' 
for  his  destination^  with  bis  outfit  and  other  ex- 
penses of  the  mission. 

On  the  suggestion  of  Mr.  Lowndbs  this  appro- 
priation was  passed  by  for  the  present,  that  in 
the  meantime  the  additional  information  which 
had  been  asked  for  by  the  Speaker  might  be 
obtained  from  the  Department  of  State. 

Mr.  Clay  rose,  and  moved  to  insert  in  the  bill 
a  provision  to  appropriate  the  sum  of  eighteen 
thousand  dollara  as  the  outfit  and  one  year'a  sal- 
ary of  a  Minister  to  be  deputed  from  the  United 
States  to  the  independent  provinces  of  the  River 
Plata,  in  South  America. 

This  proposition  Mr.  C.  followed  up  by  enter- 
ing into  a  discussion  of  the  queation,  involved  in 


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1470 


B£AB0fl,18ia 


DiMtribtOwn  ^  ihcuwunU^Eweattm  Papers. 


H.orR. 


his  moCioB,  of  a  formal  recognitioa  of  the  inde- 
I>endeiiee  of  the  Soach  Amerieaa  States  men- 
tioned. He  had  spoken  something  more  than  an 
hour,  when  (having  giren  way  for  a  motion  to 
that  effect)  the  Committee  rose,  about  half-past 
four  Qi^doeir,  and  the  Honse  adjourned. 


Wbonbsdit,  March  85. 

On  motion  of  Mr.  Marh,  the  Committee  on 
the  Public  Lands  were  instructed  to  inquire 
whether  any,  and,  if  any,  what  further  provisions 
of  law  are  necessary  for  preventing  waste  and 
trespass  on  that  portion  of  the  public  lands  which 
have  been,  or  may  hereafter  be,  reserved  for  the 
use  of  schools. 

The  bill  from  the  Senate,  entitled  "An  act 
regulating  the  pay  and  emoluments  of  brevet 
rank^'  was  read  the  second  time  and  referred  to 
the  Committee  on  Military  Affairs. 

The  bill  from  the  Senate,  entitled  "An  act  au- 
thorizing a  subscription  for  the  11th  volume  of 
State  Papers,"  was  read  the  second  time  and 
committed  to  a  Committee  of  the  Whole. 

A  message  from  the  Senate  informed  the 
House  that  the  Senate  have  passed  bills  of  this 
House  of  the  following  titles,  to  wit:  "An  act 
respecting  the  district  courts  of  the  United  States 
wUhin  the  State  of  New  York,"  and  "An  act  to 
alter  the  time  of  holding  the  circuit  court  in  the 
touthern  district  of  New  York,  and  for  other  pur- 
poses." with  amendments  to  each ;  in  which  they 
ask  the  concuTrence  of  this  House, 

The  amendmenu  to  each  of  the  said  bills  were 
read,  and  severallf  referred  to  the  Committee  on 
the  Judiciary. 

An  engrossed  bill,  entitled  "An  act  in  addition 
to  the  net  for  the  punishment  of  certain  crimes 
against  the  United  States,  and  to  repeal  the  acts 
therein  mentioned,"  was  read  the  third  time,  and 
passed. 

An  engrossed  bill  to  alter  the  flag  of  the  Uni- 
ted States  was  read  the  third  time,  and  passed. 

Mr.  JoBNSON,  of  Kentucky,, from  the  Commit- 
tee on  Military  Affairs,  to  which  was  referred 
the  bill  from  the  Senate,  entitled  "An  act  regu- 
lating the  pay  and  fflpoolumeats  of  brevet  rank," 
reported  the  same  without  amendment,  and  the 
mu  was  committed  to  the  Committee  of  the 
Whole,  to  which  is  committed  the  bill  of  this 
House  to  repeal  so  much  of  an  act  as  allows  pay 
and  eoMlumenu  to  brevet  rank. 

Mr.  Johnson,  from  the  same  committee,  also 
reported  the  bill  from  the  Senate,  entitled  "An 
act  for  the  relief  of  Ashael  Clark"  without 
amendment,  and  the  bill  was  committed  to  the 
Committee  of  the  Whole,  to  which  is  committed 
the  bill  for  the  relief  of  Birdsali  db  Foster. 

mUTJOBUTlON  OP  PUBLIC  DOCUMENTS. 

On  motion  of  Mr.  Sfbncer,  the  House  took 

np  and  proceeded  to  consider  the  resolution  aub- 

L      mitted  by  him  on  the  19th  instant,  providing  for 

'      the  distribution  of  the  docoments  printed  by  order 

of  die  Hosse,  and  agreed  therete^mmenfM  to  read 

u  follows: 


B99oked,  That  unless  otherwise  speciafiy  diieeted 
by  the  House,  600  copies  shmU  be  stmek,  of  sll  sudi 
majter  as  may  be  directed  to  be  printed,  except  bills 
and  amendments. 

That  the  said  600  copies  shall  be  disposed  of,  and 
distributed  in  the  following  manner,  to  wit : 

Two  hundred  copies  shall  be  retained  in  the  print- 
ing office,  and,  at  the  close  of  each  session,  be  dis- 
posed of  and  distributed,  conformably  with  the  pro- 
Tisiotts  of  the  resolution  of  the  27th  December,  1813. 
The  remahiing  four  hundred  copies  shall  be  depos- 
ited by  the  printer,  in  the  post  office  of  the  House, 
from  time  to  time  as  the  work  may  be  executed,  pur- 
suant to  his  contract,  and  shall  be  promptly  distribu- 
ted by  the  Doorkeeper  of  the  House,  as  fWIows,  to 
wit: 
On  the  desk  of  eadi  member  and  delegate,  one 

<»Py 187 

On  the  Speaker's  table 2 

On  the  Cleric's  table  -  -  .  .  '.  t 
In  the  Clerk's  office  .....  4 
To  the  President  of  the  Senate,  for  the  use  of 

the  Senate 50 

To  the  President  of  the  United  States  •  -  5 
To  the  Secretary  of  State  ....  35 
To  the  Secretary  of  the  Treasury  -  -  .  6 
To  the  Secretary  of  War  ....        5 

To  the  Secretary  of  the  Navy  ...        5 

To  the  Attorney  General  ....  5 
To  the  Commissioners  of  the  Navy  Board  -  ft 
To  the  Auditors  of  the  Treasury,  5  copies  each  25 
To  the  Comptroller  of  the  Treasury  -  -  5 
To  the  Register  of  the  Treasury  -  .  .  5 
To  die  Postmaster  General  ....  5 
To  the  Commissioner  of  the  General  Land  Office  6 
To  the  Commissioner  of  the  ReTenue  .  .  s 
To  the  Commissioner  of  Public  Buildings  -  1 
To  such  foreign  Ministers  as  reside  at  the  Seat 
of  Goremment,  or  Consuls,  in  case  of  no  re- 
sident Minister,  3  each,  supposed  to  amount 

to  nine 18 

To  the  Public  Printer 1 

To  the  Librarian     .        .        .        .        ^        .        2 
The  residue  to  be  boun4  up,  at  the  end  of  the 
session  to  be^eposited  in  the  Clerk's  office  as 
heretofore -        -      27 

600 

EXECUTIVE  PAPtfRS. 
Several  Messages  were    received    frooi   the 
PREatoENT  OF  THE  Unitbo  St^tes.    The  firsc 
of  th^  said  Messages  was  read,  and  is  as  follows : 
Wasbiinitov,  Mmth  24,  1816. 
In  pursuance  of  a  resolution  of  the  House  of  Rep- 
rassntstives  of  the  7th  instant,  I  now  transmit  the 
report  of  the  Secretary  of  State,  with  a  statement  of 
the  expenses  incurred  under  the  4kh,  5th,  6th,  and 
7tfa  articles  of  the  Treaty  of  Ghent,  spedfying  the 
items  of  expenditure  in  relation  to  each. 

JAMBS  MONROE. 

The  second  of  the  said  Messages  was  read,  and 
is  as  follows: 

Ti>ikeHot$iei^Rmr9tmtaHpe»ofthe  IMUed  8tate$ :: 
bk  eonioffmity  with  the  resohitlen  of  the  House  of 
RspMssBtathFos  of  the  0th  of  Dasember  last,  I  now 
traasBiil  a  report  of  the  8seretaiy  ef  Stale,  with  a 
oofy  of  the  doonneiils  wUeh  it  is  thought  proper  to 


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1471 


HISTORY  OF  C0NGRHS8. 


Uli 


H.  Of  R. 


Spanish  American  Provinces, 


Marob,1818. 


cammuoicate,  relating  to  the  iDdependence  and  po- 
litical condition  of  the  provinces  of  Spanish  America. 
JAMES  MONROE. 
Washinotok,  March  25,  1818. 

The  report  of  the  Secretary  of  State  is  as  fol- 
lows: 

The  Secretary  of  State,  to  whom  has  been  referred 
the  resolution  of  the  House  of  Representatives  of  the 
16th  of  December,  has  the  honor  of  submitting  the 
documents  herewith  transmitted,  as  containing  the 
information  possessed  at  his  department,  requested  by 
that  resolution. 

In  the  communications  received  from  Don  Manuel 
H.  de  Aguirre,  there  are  references  to  certain  confer- 
ences between  him  and  the  Secretary  of  State,  which 
appear  to  require  some  explanation. 

The  character  in  which  Mr.  Aguirre  presented  him- 
self was  that  of  a  public  agent  from  the  Government 
of  La  Plata,  and  of  private  agent  of  that  of  Chili — 
his  commissions  from  both  simply  qualified  him  as 
agent ;  but  his  letter  from  the  Supreme  Director  Pu- 
eyrredon,  to  the  President  of  the  United  States,  re- 

Sested  that  he  might  be  received  with  the  considera- 
n  due  to  his  diplomatic  character.  He  had  no 
commission  as  a  public  Minister  of  any  rank,  nor  any 
fttll  power  to  negotiate  as  such.  Neither  the  lettor,  of 
which  he  was  the  bearer,  nor  he  himself,  at  his  first 
interviews  with  the  Secretory  of  State,  suggested  that 
h0  was  authorized  to  ask  the  acknowledgment  of  his 
Government  as  independent— a  circumstance  which 
derived  additional  weight  from  the  fact,  that  his  pre- 
decessor, Don  Martin  Thompson,  had  been  dismissed 
b^  the  Director  Pueyrredon  for  having  transcended 
his  powers,  of  which  the  letter  brought  by  Mr.  Aguirre 
gave  notice  to  the  President. 

It  was  some  time  after  the  commencement  of  the 
SMsion  of  Congress  that  he  made  this  demand,  as 
will  be  seen  by  the  dates  of  his  written  communica- 
tions to  the  Department.  In  Uie  conferences  held 
with  him  on  that  subject,  among  other  questions 
which  it  naturally  suggested,  were  those  of  the  man- 
ner in  which  the  acknowledgment  of  his  Government, 
should  it  be  deemed  advisable,  might  be  made  ?  and 
what  were  the  territories  which  he  considered  as  form- 
ing the  Sute  or  nation  to  be  recognised  1  It  was  ob- 
served, that  the  manner  in  which  the  United  States 
had  been  acknowledged  as  an  independent  Power  by 
France,  was,  by  a  treaty  concluded  with  them,  as  an 
existing  independent  Power,  and  in  which  each  one 
of  the  States,  then  composing  the  Union,  was  distinct- 
ly named ;  that  something  of  the  same  kind  seemed 
to  bo  neoessary  in  the  first  acknowledgment  of  a  new 
Government,  that  eome  definite  idea  might  be  formed, 
not  of  the  preciafr  bonndaries,  hot  of  the  general  ex- 
.^^  of  tlM  cooBt^  that  recognised.  He  said  the 
Govemoiont  of  which  he  desired  the  acknowledgmoot 
was  of  tho  oonntry  which  bad,  before  the  revolution, 
\mu  tbo  Vice  Royalty  of  La  Plata.  It  was  then  adied, 
wbotker  that  did  not  include  Montevideo  and  the  ter^ 
ntory  occupied  by  the  Portngnese— the  Banda  Orien- 
tal,  ondencood  to  be  nnder  the  government  of  Gene- 
ral Artigas,  and  several  provinces,  still  in  the  undis- 
puted poasession  of  the  Spanish  Government  He 
Mid  it  did ;  bat  observed,  that  Artigas,  though  in  hos- 
^y  with  the  Government  of  Bnemw  Ayiea,  snpport* 
•d,  however,  tho  eaiiee  of  independence  of  8paW— 
w4  tliat  the  Poi«afiiMe  conld  not  okinatoly  maim- 
tm  their poateeaon of  Montmdoob  Itwanafttftlii. 
tM^  Mr.  Afnim  wrototbe  l«llir>  eArinc  to  oMter 


into  a  negotiation  for  conducting  a  treaty;  though 
admitting  that  he  had  no  authority  to  that  efl^Mt  from 
his  Government.  It  may  be  proper  to  observe,  that 
the  mode  of  recognition  by  concluding  a  treaty  had 
not  been  suggested  as  the  only  one  practicable  or 
usual,  but  merely  as  that  which  had  been  adoptod  by 
France  with  the  United  States,  and  as  offering  the 
most  convenient  means  of  designating  the  extent  of 
the  territory  acknowledged  as  a  new  dominion. 

The  remark  to  Mr.  Aguirre,  that  if  Buenos  Ayrtf 
should  be  acknowledged  as  independent,  others  of  the 
contending  Provinces  would,  perhaps,  demand  tlM 
same,  had  particular  reference  to  the  Banda  Oriental 
The  inquiry  was,  whether  General  Arti|^  might  not 
advance  a  claim  of  independence  for  those  Provinces, 
conflicting  with  that  of  Buenos-«Ayre^for  the  whole 
Vice  Royalty  of  La  Plate  ?  The  Portuguese  poaaet- 
sion  of  Montevideo  was  noticed  in  reference  to  a  aim- 
ilar  question. 

It  should  be  added,  that  these  obeervations  were 
connected  with  others,  steting  the  reasons  upon  which 
the  present  acknowledgment  of  the  Government  of 
La  Plata,  in  any  mode,  was  deemed  by  the  Prendent 
inexpedient,  in  regard  as  well  to  their  intoreate  as  te 
those  of  the  United  Sutes. 

JOHN  QUmCY  ADAMa 

The  followiofir  are  the  list  of  papers  trmoaoiit- 
ted  to  the  President: 

1.  Don  Yono  Alvarez,  to  the  President  of  the  Uni- 
ted Sutes,  dated  Buenos  Ayree,  January  16,  1816. 

2.  Declaration  of  Independeroe  of  the  United  Prov- 
inces of  La  Plata,  dated  at  Tucuman,  July  9, 1816, 
communicated  by  Don  Manuel  H.  de  Aguirre,  to  the 
Department  of  Stete,  December  24, 1817. 

3.  Don  J.  Martin  de  Pueyrredon,  Supreme  Diroolor 
of  the  United  Provinces  of  the  Rio  de  la  Plata,  to  tfM 
President  of  the  United  States,  dated  January  1, 1917 

4.  The  same  to  the  same,  dated  March  6,  1817. 

6.  Commission  granted  by  the  Supreme  Director 
of  the  Steto  of  ChUi,  to  Don  Manuel  H.  de  Agnirre, 
dated  March  8,  1817. 

6.  Commission  granted  to  the  same  by  the  Supreme 
Director  of  the  United  Provinces  of  South  America, 
dated  at  Buenos  Ayres,  March  28,  1817. 

7.  Don  Bernardo  O'Higgins,  Suprome  Dhroctor^f 
the  Stete  of  Chili,  to  the  President  of  the  Unhojl 
Stetes,  dated  AprH  1,  1817. 

8.  CommisBion  granted  by  the  Supreme  Dinetor 
of  the  United  Provinces  of  Rio  de  la  Plata,  to  Don 
Manuel  H.  de  Agnirre,  as  agent  of  that  finTmrnisnt,  * 
dated  April  28»  1817. 

9.  General  Don  Joae  de  San  Martin,  Conaaaa 
in-chief  of  the  army  of  the  Andes,  to  the 
of  the  United  Stetes,  without  date. 

10.  Don  Cactano  Bezarea,  Secretaiy  of  Btelo  md 
interim  of  the  Ezecntive  Department  of  the  oonlbd^ 
erated  Stetes  of  Venezuela,  to  the  Secretary  of  Sinio 
of  the  United  Stetes,  dated  Pampatar,May  22, 1817-^ 
7th — transmitting 

1 1.  The  act  of  the  re-establishment  of  the  -Confroos 
of  y^neanala,  at  the  cily  of  San  Felte  d*  CariwD^b 
on  the  8th  of  May,  1817. 

12.  General  Don  Joea  Artigas  to  tiie  Ptesidaat  •£ 
the  United  States^  dated  Headquarters  at  PnriAoneinB, 
September  1, 1817. 

I&  Dan  MuMBl  VL  do  Agnkro  to  the  Pneiiayt 
d  tba  Unil»a  atatei»  dntod  Wciliia«ton,  Ottobat  M, 
1817. 


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Maboh.  1818. 


Spamah  American  Prfmncea. 


H.  OP  R. 


14.  The  smme  to  th«  Secretaiy  of  State,  dated  De- 
eombor  16»  1817. 

15.  The  same  to  the  tame,  Deeember  26, 1817. 

16.  The  lame  to  the  same,  Deeember  29, 1817. 

17.  The  same  to  the  same,  January  6,  1818. 

18.  The  same  to  the  same,  January  16, 1818. 

The  last  of  the  said  Messages  was  read,  and  is 
as  follows: 

To  the  House  of  Represeniativee  of  the  United  States: 
I  now  lay  before  Congress  all  the  information  in 
the  possessioii  of  the  ExecutiTe  respecting  the  war 
with  the  Seminoles,  and  the  measures  wldch  it  has 
been  thougnl  proper  to  adopt  for  the  safety  of  our 
iellow-citlzeiis  on  ihit  frontier  exposed  to  their  ravages. 
The  endo^fsd  documents  show  that  ttie  hostUities  of 
^ds  tribe  were  unprovoked,  the  ofibpring  of  a  spirit 
long  cherished,'  and  often  manifoeCed  towards  the  Uni- 
ted States,  and  that,  in  the  present  instance,  it  was 
ezten^ng  itsetf  to  other  tribes,  and  daily  assuming  a 
BMre  eexioiis  aspect    As  soon  as  the  nature  and  ob- 
ject of  this  conibiiiation  were  perceived,  the  Major 
GeMtaJ  commandiDg  the  souuem  division  of  the 
troops  of  the  United  States,  was  ordered  to  the  theatie 
of  aotioD,  charged  with  the  management  of  the  war, 
and  vested  with  the  powers  necessary  to  give  it  e^ct 
The  season  of  the  year  being  un&vorable  to  active 
eperations^  and  the  recesses  of  the  country  ailbrding 
tteltar  to  these  savages,  in  case  of  retreat,  may  pre- 
^reat  a  prompt  termination  of  the  war,  but  it  may  be 
ftirly  presumed  that  it  will  not  be  long  before  this 
tribe,  and  ito  associates,  receive  the  punishment  which 
tii^  have  provoked  and  justly  mented. 

As  almost  the  whole  of  this  tribe  inhabito  the  coun- 
try within  the  limlte  of  Florida,  Spain  was  bound,  by 
w  Treaty  of  1795,  to  restrain  Uiem  from  committing 
hostiUtiea  against  the  United  Stetes.  We  have  seen 
with  regret  that  her  Government  has  altogether  failed 
to  iiilfiJ  this  obligation,  sor  are  we  aware  that  it  made 
any  efiort  to  that  effect.  When  we  consider  her  utter 
in^ifity  to  check,  even  in  the  slightest  degree,  the 
aovenente  of  thb  tribe,  by  her  very  small  and  inoom- 
pitant  force  in  Florida,  we  are  not  disposed  to  ascribe 
the  foibnre  to  any  other  cause.  The  inability,  how- 
ever, of  Spain  to  maintain  her  authority  over  the  ter- 
nteiy  and  Indians  within  her  limite,  and  in  conse- 
mnoe  to  fulfil  the  treaty,  ought  not  to  expose  the 
united  Stetes  to  other  and  greater  injuries.  When 
the  authority  of  Spain  ceases  to  eiist  there,  the  Uni- 
ted States  have  a  right  to  pursue  their  enemy,  on  a 
^mdple  of  self-defence.  In  this  instance  the  right  is 
more  complete  and  obvious,  because  we  shall  perform 

^—»1m    wka*   O.^:.    ..^^     1 J     A.      1 «  '^    .    . 


wj  whst  Spain  was  bound  to  have  performed  her- 
ael£  To  the  high  obligatbns  and  privileges  of  this 
great  and  sacred  right  of  self-defence,  will  the  move- 


SPANISH  AMERICAN  PROVINCES. 
The  House  having  again  resolved  itself  into  a 
Committee  of  the  Whole  on  the  annual  general 
appropriation  bill;  and  Mr.  Clay's  proposition 
to  amend  the  bill  by  inserting  a  clause  for  ap- 
propriating $18,000  for  the  outfit  and  year's  sala- 
ry of  a  Minister  to  Buenos  Ayres,  yet  pending, 
Mr.  Clat  concluded,  in  a  speech  of  three  hoars 
m  len^h,  the  observations  he  yesterday  com- 
menced in  support  of  his  proposition  j  the  whole 
of  which  is  given  entire,  as  follows : 

Mr.  Clay  said  he  rose,  under  feelings  of  deep- 
er regret  than  he  had  e?er  experienced  on  any 
former  occasion,  inspired,  principally,  by  the  pain- 
ful 4!onsideratioQ  that  he  found  >imself,  on  the 
proposition  which  he  meant  to  submit,  differing 
from  many  highly  esteemed  friends,  in  and  out 
of  this  House;  for  whose  judgment  he  enterteined 
the  greatest  respect.    A  knowledge  of  this  cir- 
cumstance  had  induced  him  to  pause ;  to  subject 
his  own  convictions  to  the  8e?erest  scrutiny; 
and  to  revolve  the  question  o? er  and  over  again. 
But  all  his  reflections  had  conducted  him  to  the 
same  clear  result ;  and  much  as  he  valued  those 
friends,  great  as  his  deference  was  for  their  opin- 
ions, be  could  not  hesitate,  when  reduced  to  the 
distressing  alternative  of  conforming  his  judg- 
ment to  theirs,  or  pursuing  the  deliberate  and 
matured  dictates  of  his  own  mind.    He  enjoyed 
some  consolation,  for  the  want  of  their  co-opera- 
tion, from  the  persuasion  that,  if  he  erred  on  this 
occasion,  he  erred  on  the  side  of  the  liberty  and 
the  happiness  of  a  large  portion  of  the  human 
family.  Another,  and,  if  possible,  indeed  a  greater 
source  of  the  regret  to  which  he  referred,  was  the 
utter  incompetency  which  he  unf^ignedly  felt  to 
do  anything  like  adequate  justice  to  the  great 
cause  of  American  independence  and  freedom, 
whose  interests  he  wished  to  promote  by  his  hum- 
ble exertions,  in  this  instance.    Exhausted  and ' 
worn  down  as  he  was,  by  the  fatigue,  confine- 
ment, and  incessant  application  incident  to  the 
arduous  duties  of  the  honorable  station  he  held, 
during  a  four  motith's  session,  he  should  need  all 
that  kind  indulgence  which  had  been  so  oAen^ez- 
tended  to  him  by  the  House, 

He  bei^ed,  in  the  first  place,  to  correct  misoon- 
^ceptions,  if  any  existed,  in  regard  to  bis  opinions. 
He  was  averse  from  war  with  Spain,  < 


[■^•^w  troops  be  stricUy  confined.  Ordms  have 
beMchea  to  the  Uenertl  in  command  not  to  enter 
Flmaa,  unless  h  be  ia  parsait  of  the  enemy,  and  in 
thet  cmm  to  raspect  the  Spanish  authority  wherever  it 
MMutained,  and  he  wiU  be  instructed  to  withdraw 
ma  iBfosa  fiom  the  province  as  soon  as  he  shall  have 
ledsced  that  tribe  to  order,  and  oecnre  our  frUow-dti- 
um^  in  that  quarter,  by  satislactory  arrangementsb 
HMMt  iU  onprovoked  and  savage  hostUities  in  future. 
JAMES  MONROE. 
Washivotom,  iforcA  35,  1818. 

The  said  Messages  and  their  accompanying 
doenmenu  were  ordered  to  lie  on  the  table. 
15lh  Cor.  Ist  Sbss. — 47 


„  ^ ^^.«,  or  with  any 

Power.  He  would  ffive  po  just  cause  of  war  to 
any  Power— not  to  Spain  herself.  He  hi^d  teen 
enough  of  war,  and  or  its  calamities,  when  eveii 
successful.  No  country  upon  earth  had  more  in- 
terest than  this  in  cultivating  peace,  and  a? oiding 
war,  as  long  as  it  was  possible  honorably  to  avoid 
it.  Gaining  additional  strength  every  day";  our 
numbers  doubling  in  periods  of  twenty-five  years ; 
with  an  income  outstripping  all  our  estimates, 
and  so  great  as,  after  a  war  in  some  respecu  dis- 
astrous, to  furnish  results  which  carry  astonish- 
paent,  if  not  dismay,  into  the  bosom  or  the  States 
jealous  of  our  rising  importance,  we  had  erery 
motive  for  the  love  of  peace.  He  could  not,  how- 
ever, approve,  in  all  respects,  of  the  manner  in 
which  our  negotiation  with  Spain  had  been  con- 


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SpaMh  Americim  Ptovincm. 


March,  1618. 


docted/   If  erer  a  faTortbI«  cim«  existed  for  the 
demand,  on  the  part  of  an  injured  nation,  of  in- 
demnity for  past  wrongs,  from  the  aggressor,  snch 
was  the  present  time.  ImpoYerished  and  exhaust- 
ed at  home,  by  the  wars  which  have  desolated 
the  Peninsula,  with  a  foreiga  wap.eallingfor  in- 
finitely more  resources  in  men  and  money,  than 
she  can  possibly  command,  tlxis  is  the  auspicious 
period  for  insisting  upon  justice  at  her  hands,  in 
a  firm  and  decidedtone*    Time  is  precisely  what 
Spain  now  most  wants.    Yet  what  were  we  told 
by  the  President,  in  his  Message,  at  the  com- 
mencement of  Congress  ?    That  Spain  had  pro- 
crastinated, and  we  acquiesced  in  her  procrasti- 
nation.   And  the  Secretary  of  State,  in  the  late 
communication  with  Mr.  Onis,  after  ably  Yindi- 
cating  all  our  rights,  tells  the  Spanish  Minister, 
with  a  good  deal  of  sangfroid^  that  we  had  pa- 
tiently waited  thirteen  years  for  a  redress  of  our 
injaries,  and  that  it  required  no  great  effort  to 
wait  longer!    He  would  have  abstained  from 
cbus  exposing  our  intentions.    Avoiding  the  use 
of  th^  language  of  menace,  he  would  have  re- 
4]ulred,  in  temperate  and  decided  terms,  indem- 
nity for  all  our  wrongs ;  for  the  spoliations  upon 
our  commerce ;  for  the  interruption  of  the  right 
of  depot  at  New  Orleans,  guarantied  by  treaty ; 
for  the  insults  repeatedly  offered  to  our  flag ;  for 
the  Indian  hostilities  which  she  was  bound  to 
prevent ;  for  the  belligerent  use  made  of  her  ports 
and  territories  by  our  enemy,  during  the  late 
war — and  the  instantaneous  liberation  of  the  free 
citizens  of  the  United  States,  now  imprisoned  in 
her  jails.    Contemporaneous  with  that  demand, 
withoQt  wailing  for  her  final  answer,  and  with  a 
view  to  the  favorable  operation  on  her  councils, 
in  regard  to  our  own  peculiar  interests,  as  well 
as  in  justice  to  the  cause  itself,  he  would  recog- 
nise   any  established  government  in   Spanish 
America.    He  would  have  left  Spain  to  draw  her 
own  inferences  from  these  proceedings,  as  to  the 
ultimate  step  which  this  country  might  adopt,  if 
«he  longer  withheld  justice  from  us.    And  if  she 
persevered  in  her  iniquity,  after  we  had  conducted 
the  negotiation  in  the  manner  he  had  endeavored 
Co  describe,  he  would  then  take  up  and  decide 
the  solemn  question  of  peace  or  war,  with  the 
advantage  of  all  the  light  shed  upon  it  by  subse- 
quent events  and  the  probable  conduct  of  Europe. 
Spain  bad  undoubtedly  given  us  abundant  and 
just  eapse  of  war.    But,  it  was  not  every  cause 
of  war  that  should  lead  to  war.    War  was  one  of 
those  dreadful  scourges  that  so  shakes  the  foun- 
dations of  society;    overturns  or  changes  the 
character  of  governments;  interrupts  or  destroys 
the  pursuits  of  private  happiness ;  brings,  in  short, 
misery  and  wretchedness  in  so  many  forms ;  and 
at  last  is,  Id  its  issue,  so  doubtful  and  hazardous ; 
that  nothing  but  dire  necessity  can  justify  an  ap- 
peal to  arms.    If  we  viere  to  have  war  witn  Spain, 
he  had  however  no  hesitation  in  sayiog  that  no 
mode  of  bringing  it  about  could  be  less  fortunate 
than  that  of  seizing,  at  this  time,  upon  her  ad- 
joining province.    There  was  a  time,  under  other 
circumstances,  when  we  might  have  occupied 
East  Florida,  with  safety :  had  we  then  taken  it, 


our  posture  in  the  nn;otiation  wHh  Bpahi  w<nild 
have  been  totally  different  from  what  it  is.  But, 
we  had  permitted  that  time,  not  with  his  consent, 
to  pass  by  unimproved.    If  we  were  to  seize  upon 
Florida,  after  a  great  change  in  those  circnm- , 
stances  and  after  declaring  our  intention  to  tc-' 
quiasoe  in  the  procraatination  desired  by  Spain, 
in  what  light  should  we  be  viewed  by  foreign 
Powers,  particularly  Great  Britain  ?    We  btva 
already  been  accused  of  inordinate  ambition,  and 
of  seeKinff  to  aggrandize  ourselves  by  an  exten- 
sion, on  all  sides,  of  our  limits.    Sho^d  we  not, 
by  such  an  act  of  violence,  give  color  to  the  ac- 
cusation 1    No,  Mr.  Chairman,  if  we  are  to  be 
involved  in  war  with  Spain,  let  us  have  the 
credit  of  diaiaterestedneas;  let  us  put  her  yet 
more  in  the  wrong.    Let  us  commaad  the  re* 
spect  which  is  never  withheld  from  those  who 
act  a  noble  and  gemerous  part.    He  boped  to  com- 
munioate  to  the  Comimttee  the  eonvioiioB  whteh 
he  so  str^gly  felt,  that,  adopting  iheaoMmdmcnt 
which  he  intended  to  propose,  would  not  haisrd, 
in  the  slightest  degree,  the  peace  of  the  country. 
But  if  that  peace  were  to  be  endangered,  he  wotild 
infinitely  rather  it  should  be  for  our  exerting  the 
right,  appertaining  to  every  State,  of  acknowl- 
ed^ng  the  independence  of^  another  State,  than 
for  the  seizure  of  a  province  which  sooner  or  later 
we  must  certainly  acquire. 

Mr.  Clat  proceeded.    In  contemplating  the 
great  struggle  in  which  Spanish  America  is  now 
engaged,  our  attention  is  first  fixed  by  the  immen- 
sity and  character  of  the  country  which  Spaia 
seeks  again  to  subjugate.    Stretching  on  the  Pa* 
ciic  Ocean  from  about  the  40th  degree  of  norili 
latitude,  to  about  the  55th  degree  of  south  latitude 
and  extending  from  the  BK)uth  of  the  Rio  del 
Norte  (exclusive  of  East  Florida)  arottnd  tbe 
Golf  of  Mexico,  and  along  the  Booth  Athtntie  to 
near  Cape  Horn,  it  is  abont  5,000  miles  in  leagtb, 
and  in  some  plaees  near  three  thousand  in  brea4lb« 
Within  this  vast  region,  we  heboid  the  most  atib- 
lime  and  interesting  objects  of  creation ;  the  lof- 
tiest mountains,  the  most  majestic  rivers  in  tlire 
world ;  the  richest  mines  of  the  precious  metala; 
and  the  choicest  productions  of  the  earth.    We 
behold  there  a  spectacle  still  more  interesting  and 
sublime — the  glorious  spectacle  of  eighteen  niU- 
lions  of  people,  struggling  to  burst  their  chains 
and  to  be  free.    When  we  take  a  little  nearex 
and  more  detailed  view,  we  perceive  that  eetore 
has,  as  it  were,  ordained  that  this  people  and  ikia 
country  shall  ultimately  constitute  several  diflec- 
ent  natioas.    Leaving  the  United  States  #tt  Um 
north,  we  come  to  New  Spaia,  or  the  Vice  Rof- 
alty  of  Mexico  on  the  south  $  passinc  by  €Ka«te- 
mala,  we  reach  the  Vice  Royalty  of  New  Oreaa* 
da,  the  late  Captain  Generalship  of  Vencxv^la, 
and  Guyana,  lying  on  the  east  side  of  the  An4es. 
Stepping  over  the  Brazils,  we  arrive  at  tbe  Uwi* 
ted  Provinces  of  La  Plata,  and,  crossing  the  An* 
des,  we  find  Chili  on  their  west  side,  and  further 
north,  the  Vice  Royalty  of  Lima  or  Peru.     Sach 
of  thes^  several  parts  is  sufficient  in  itself,  in  point 
of  limits,  to  constitute  a  powerful  State,  and.  in 
point  of  population,  that  which  has  the  smnllttt 


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HI8T0BT  OF  CONOfiESB. 


U78 


Kaicb,  1818. 


Spattuh  Aintrtoan  /^I'oeuMwi* 


H.orR. 


««BUiio8  enoogh  to  mtkeit respectable.  Tbroagh- 
oat  all  the  extent  of  that  great  portion  of  the 
world,  wkieh  be  had  attempted  tnns  hastily  to 
describe,  the  spirit  of  rerolt  against  the  dominion 
of  8p«a  had  BMNiifcsted  itsdf.  The  revolution 
had  bees  attendad  with  varioos  degrees  of  sno- 
oaas  in  the  se? eral  parte  of  Spanish  America*  In 
aoflie  it  had  been  already  crowned,  as  he  would 
endearor  to  shollr,  with  complete  soccess,  and  in 
all  be  was  persuaded  that  independence  had  struck 
soeb  deep  root  as  that  the  power  of  Spain  could 
nerer  eradicate  it.  What  were  the  causes  of  this 
great  movement  7 

Three  hundred  years  ago,  upon  the  ruins  of  the 
thrones  of  Montezuma  aod  the  Incas  of  Peru, 
Spain  erected  the  most  stupendous  system  of  col- 
onial despotisan  that  the  world  has  ever  seen — the 
nost  rigorous,  t^e  most  exelosiTe.  The  great 
priaciple  and  object  of  thiaayetem  has  been  to  ren- 
der  09e  of  Che  liugest  pertioiis  of  the  wtMrld  ex- 
atosmly  soheenrieoc^  in  all  its  &culties,  to  the 
iBlaras  to  of  an  iaeoMdtfable  apot  in  Blurope.  To 
effwoiate  this  aim  of  her  policy,  ^he  locked  Span- 
itk  Ameriea  up  from  the  rest  of  the  world,  and 
jRvUbtced,  namr  the  severest  penalties,  any  for- 
eigner from  entering  any  part  of  it.  To  keep  the 
MsWes  theotoelvQs  igporaat  of  each  other,  and  of 
ihtscrieftgtband  reaeureesof  the  several  partsof  her 
Ammean  possessions,  she  next  prohibited  the  in- 
babkaats  of  one  Vice  Royalty  or  Government 
from  visiting  those  of  another ;  so,  that  the  inhab- 
itants  of  Mextco^or  example,  were  not  allowed 
tor  enter  the  Vice  Royalty  oi  New  Grenada.  The 
agticultute  of  those  vast  regions  was  so  regula- 
ted and  restrained  as  to  prevent  all  collision  with 
the  interests  of  the  agriculture  of  the  Peninsula. 
Wher^  naturcL  by  the  character  and  composition 
of  the  Moil^haiii  commanded,  the  abominable  sys- 
tem of  Spain  has  forbidden  the  growth  of  certain 
articles.  Thus,  the  olive  aad  the  vine,  to  which 
Spanish  Aoaerica  is  so  well  adapted,  are  prohib- 
ited wheravar  their  ouUara  could  interfere  with 
Iha  oAiva  aad  the  vine  of  the  Pesinsula.  The 
iwiiwe  of  theeouatry,  in  the  direction  and  oh- 
Jeais  of  the  exports  and  imports,  is  also  subjected 
taiha  narrow  and  selfish  views  of  Spain,  and 
Miarad  by  the  odious  spirit  of  monopoly  existing 
tm  Caiix.  She  has  sought,  by  scattering  discord 
MDOBg  the  several  castes  of  her  American  popula- 
tion, and  by  a  debasing  course  of  education,  to 
perpetoate  her  oppression.  Whatever  concerns 
pumic  law,  or  the  science  of  government,  all 
writers  upon  political  economy,  or  that  tend  to 
give  vigor,  and  freedom,  and  expansion  to  the  in- 
tellect, are  prohibited.  Gentlemen  would  be  as- 
looisbed  by  the  long  list  of  distinguished  authors, 
whom  9ht  proseribeB,  to  be  found  in.Depon's  and 
other  works.  A  main  feature  in  her  policy  is  that 
which  oooetaatly  elevates  the  European  and  de- 
presses the  American  cbaraeier*  Out  of  upwards 
of  750  Viceroys  and  Captains  General,  whom 
she  has  appointed  siaoe  the  conquest  of  America, 
abovt  eighteen  only  have  been  from  the  body  of 
the  American  population.  On  all  occasions  she 
seeks  to  raise  and  promote  her  European  subjects, 
and  to  degrade  and  humiliate  the  Creoles.   Wher- 


ever in  America  her  sway  extends,  everything 
seems  to  pine  and  wither  beneath  its  baneral  in- 
fluence. The  richest  regions  of  the  earth ;  man, 
his  happiness  and  his  education;  aU  the  fine  fac- 
ulties of  his  soul,  are  regulated,  and  modified,  and 
moulded,  to  suit  the  execrable  purposes  of  an  in- 
exorable despotism. 

Such  is  a  brief  and  imperfect  picture  of  the 
state  of  things  in  Spanish  America  in  1806, 
when  the  famous  transactions  of  Bayonne  oc- 
curred. The  King  of  Spain  and  the  Indies  (for 
Spanish  America  had  always  constituted  an  In- 
tegral part  of  the  Spanish  empire)  abdicated  his 
throne  and  became  a  voluntary  captive.  Even 
at  this  day,  one  does  not  know  whether  he  should 
most  condemn  the  baseness  and  perfidy  of  the 
one  party,  or  despise  the  meanness  and  imbecility 
of  the  other.  If  the  obligation  of  obedience  and 
allegiance  existed  on  the  part  of  the  colonies  to 
the  King  of  Spain,  it  was  founded  on  the  duty 
of  protection  which  he  owed  them.  By  disquali- 
fying himself  from  the  performance  of  this  duty, 
they  became  released  from  that  obligation.  The 
monarchy  was  dissolved,  and  each  integral  part 
had  a  right  to  seek  its  own  happiness  by  the  in- 
stitution of  any  new  government  adapted  to  its 
wants.  Joseph  Bonaparte,  the  successor  (feybdo 
ot  Ferdinand,  recognised  this  riffht  on  the  part 
of  the  colonies,  and  recommended  them  to  estab* 
lish  their  independence.  Thus,  upon  the  ground 
of  strict  right;  upon  the  footing  of  a  mere  t^j^ 
question,  governed  by  forensic  rules,  the  colonies, 
being  absolved  by  the  acts  of  the  parent  country 
from  the  duty  of  subjection  to  it,  had  an  indispu- 
table right  to  set  up  for  themselves.  But  Mr. 
C.  took  a  broader  and  bolder  position.  He  main- 
tained that  an  oppressed  people  were  authorised, 
whenever  they  could,  to  rise  and  break  their  fet- 
ters. This  was  the  great  principle  of  the  Eng- 
lish Revolution.  It  was  the  great  principle  of 
our  own.  VaUd^  if  authority  were  wanting,  ex- 
pressly supports  this  right.  We  must  pass  sen* 
tence  of  condemnation  upon  the  founders  of  our 
liberty— eay  that  they  were  rebels,  traitors,  and 
that  we  are  at  this  moment  legislating  without 
comp^ent  powers,  before  we  could  condemn  the 
cause  of  Spanish  America.  Our  Revolution  waa 
mainly  directed  aniast  the  mere  theory  of  tyr- 
anny.   We  had  suffered  comparatively  fciut  little; 


we  had,  in  some  respects,  been  kindly  treated ; 
but  our  intrepid  and  intelligent  fathers  saw,  it 
the  usurpation  of  the  power  to  levy  an  inconsid- 
erable tax.  the  loBff  train  of  oppressive  acts  that 
was  to  fdlow.  They  rose;  they  breasted  the^ 
stonh;  they  conquered  our  freedom.  Spanish 
America,  for  centuries,  has  been  doomed  to  the 
practical  effects  of  an  odious  tyranny.  If  we 
were  justified^  she  is  more  than  justlfit*d. 

Mr.  C.  said  he  was  no  propagandise.  He 
would  not  seek  to  force  upon  other  nations  o^c 
principles  and  our  liberty,  if  they  did  not  Want 
them.  He  would  not  disturb  the  repose  even  of 
a  detestable  despotism.  But  if  an  abused  antl 
oppressed  people  willed  their  freedom ;  if  they 
sought  to  establish  it ;  if,  in  truth,  thef  had  estate 
Ibhed  it,  we  had  a  right,  as  a  sovereign  Power,  to 


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mSTDBY  OF  CONGBBSB. 


I4g0 


H-ofR. 


iSJpafttift  American  Provmcet. 


Maboh,  1818. 


modce  Ue  /act,  and  to  aet  at  ciroanutanets  and 
onr  interest  required.  He  would  say,  in  the  lan- 
guage of  the  venerated  Father  of  Bis  Coantry : 
"Born  in  a  land  of  liberty,  my  anxious  recoilee- 

*  tions,  my  sympathetic  feelings,  and  my  best 
<  wishes,  are  irresistibly  excited,  whensoever,  in 
'  any  country,  I  see  an  oppressed  nation  unfurl 

*  the  banners  of  freedom."*  For  his  own  part, 
Mr.  C.  said,  that  whenever  he  thought  of  Span- 
ish America,  the  image  irresistibly  forced  itself 
upon  his-mind  of  an  elder  brother,  whose  educa- 
tion had  been  neglected,  whose  person  had  been 
abused  an^  maltreated,  and  who  had  been  disin- 
herited by  theunkindnessof  an  unnatural  parent. 
And  when  he  contepiplated  the  glorious  struggle 
which  that  country  was  now  making,  he  thought 
he  beheld  that  brother  rising,  by  the  power  and 
energy  of  his  fine  native  genius,  to  the  manly 
rank  which  nature  and  nature's  God  intended 
for  him. 

If  Spanish  America  were  entitled  to  success 
from  the  justness  of  her  cause,  we  had  no  less 
icaaon  to  wish  that  success  from  the  horrible 
character  which  the  royal  arms  have  ^iven  to 
the  war.    More  atrocities  than  those  which  had 
been  perpetrated  during  its  existence  were  not  to 
bt  found  even  in  the  annals  of  Spain  herself. 
And  historv,  reserving  some  of  ner  blackest 
pagiea  for  the  name  of  Morillo,  is  prepared  to 
place  him  along  side  of  his  great  prototype,  the 
infamous  desolator  of  the  Netherlands.    He  who 
has  looked  into  the  historv  of  the  conduct  of  this 
war,  is  constantly  shockeu  at  the  revolting  scenes 
which  it  portrays ;  at  the  refusal,  on  the  part  of 
the  commanders  of  the  royal  forces,  to  treat,  on 
any  terms,  with  the  other  side ;  at  the  denial  of 
Quarters ;  at  the  butchery,  in  cold  blood,  of  pris- 
oners ;  at  the  violation  of  flaj^s^  in  some  cases, 
after  beiog  received  with  religious  ceremonies ; 
IX  the  instigation  of  slaves  to  rise  against  their 
owners ;  and  at  acts  of  wanton  and  useless  bar- 
haritv.    Neither  the  weakness  of  the  other  sex, 
nor  the  imbecility  of  old  age,  nor  the  innocence 
of  infants,  nor  the  reverence  due  to  the  sacerdotal 
chnraoter,  can  stay  the  arm  of  royal  vengeance. 
On  this  subject  he  begged  leave  to  trouble  the 
Committee  with  reading  a  few  passages  from  a 
most  authentic  document,  the  manifesto  of  the 
Congress  of  the  United  Provinces  of  Rio  de  la 
Plata,  published  in  October  last.    This  was  a 
papor  of  the  highest  authority ;  it  was  an  appeal 
to  the  whole  world ;  it  asserted  facu  of  notoriety 
in  the  face  of  the  whole  world.    It  was  not  to  be 
credited  that  the  Congress  would  come  forward 
with  a  statement  which  was  not  true,  when  the 
means,  if  it  were  false,  of  exposing  their  fabrica- 
tions, must  be  so  abundaat,  and  so  eaity  to  com- 
mand.   It  was  a  document,  in  bhort,  that  stood 
upon  the  same  footing  of  authority  with  our  own 
papers,  promulged  during  the  Revolution  by  our 
Congress.    He  would  add,  that  many  of  the  facts 
which  it  affirmed,  were  corroborated  by  most  re- 

*  Wtahington's  snswer  to  the  Frsndi  Minister's 
addrcesi  on  his  presenting  the  colors  of  France,  in 
1796. 


spectable  historical  testimony,  which  was  in  his 
own  possession. 

[Mr.  C.  here  read  the  following  passages  from 
the  manifesto :] 

**  Memory  judders  at  the  recital  of  the  horrors  that 
were  then  committed  by  Goyeneche,  in  €k>chabamba. 
Would  to  heaven  it  were  possibla  to  blot  from  remeoa* 
brance  the  name  of  that  ungrateihl  and  blood-thiisty 
American ;  who,  on  the  day  of  his  Antiy,  ordered  tb^ 
Tirtaons  Governor  and  Intendant,  Antessns,  to  be 
•hot;  who»  beholding  from  the  balcony  of  his  house 
that  infiunous  murder,  cried  out  with  a  ferodoue 
voice  to  the  soldiers,  that  they  must  not  fire  at  the 
head,  because  he  wanted  it  to  be  affixed  to  a  pole ; 
and  who,  after  the  head  was  taken  oS,  ordered  the 
cold  corpse  to  be  drsgged  through  the  streets ;  and,  by 
a  barbarous  decree,  placed  the  lives  and  fortunes  of 
the  citisens  at  the  mercy  of  his  unbridled  soldiery, 
leaving  them  to  exerdee  thehr  licentious  and  bmtol 
sway  during  several  days !  But  those  blind  and  cm* 
elly  capricious  men  (the  Spaniards)  rfrjected  the  me» 
diation  of  England,  and  detqpatched  rigorous  orders  to 
all  the  Generals  to  aggravate  the  war,  and  to  poniah 
us  with  more  severity.  The  scailbMs  were  eveiy- 
where  multiplied,  and  invention  was  racked  to  devise 
means  for  spreading  murder,  distress,  and  censter* 
nation. 

**  Thenceforth  they  madeall  possible  efibrts  to  thread 
division  among  us,  to  incite  us  to  mntual  exiermina* 
tion;  Uiey  have  slandered  us  with  the  meet  atioeiouii 
oJumnies,  accusing  us  of  plotting  the  destruction  of 
our  holy  religion,  the  abolition  of  all  morality,  and  of 
introducing  licentiousness  of  manners.  They  wage  a 
religious  war  against  us,  contriving  a  thousand  arti- 
fices to  disturb  and  alarm  the  oonscienoes  of  the 
people,  making  the  Spaniih  bishops  issue  decrees  of 
ecclesiastical  condemnation,  public  excommunications^ 
and  disseminating,  through  toe  medium  of  some  igno- 
rant confossor,  fonatical  doctrines  in  the  tribunal  of 
penitence.  By  means  of  these  religious  discords  they 
have  diTided  fomilies  against  themselvee;  they  have 
caused  disaffection  between  psrente  and  children; 
they  have  dissolved  the  tender  ties  which  unite  hus- 
band and  wifo ;  they  have  spread  rancor  and  impla- 
cable hstred  between  brothers,  most  endeared,  and 
they  have  presumed  to  throw  aU  nature  into  discord. 
**  They  have  adopted  the  system  of  murdering  mett 
indiscriminate  to  diminish  our  numbeie;  and,  on 
their  entry  into  towns,  they  have  sw^  off  all,  even 
the  market  people,  leading  them  to  the  open  s^asre% 
snd  there  shooting  them  one  by  one*  The  otiee  of 
Chuquisaca  and  Gochabamba  have  more  than  once 
been  the  theatres  of  these  horrid  slaughters. 

**  They  have  intermixed  with  their  troops  soldiem 
of  otirs  whom  they  had  taken  prisoners,  carrying  awav 
the  officers  in  chains  to  gsrrisons  where  it  is  impoesf- 
ble  to  presenre  health  for  a  year ;  they  have  left  othera 
to  die  m  their  prisons  of  hunger  and  misery,  and  others 
they  have  forced  to  hard  labor  on  the  public  works. 
They  haTt  exultinglj  put  to  death  our  bearers  of  flags  of 
truce,  and  haTe  been  guil^  of  the  blackest  atrocitiee 
to  our  chiefo,  after  they  had  surrendered,  as  well  ae  to 
other  principal  characters,  in  disregard  of  the  human- 
ity with  which  we  treated  prieoners ;  as  a  proof  of  it, 
witness  the  deputy  Mutes  of  Potosi,  the  Captain  Gen- 
eral Pnmacagua,  General  Augnlo,  and  his  brother 
Commandant  Munecas,  and  other  partisan  chiefo,  who 
were  shot  in  cold  blood,  after  having  been  prisoners 
for  several  days. 


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HISTORY  OF  CONGRESS. 


1462 


Mahob,  1818. 


8pa9iuh  American  Profrincei. 


H.OVR. 


**  Tbej  took  a  bnitel  pioafliuo  in  eroppiDf  the  ean 
of  tko  notiTM  of  the  town  of  ViHefrande,  and  lending 
a  baikat  lall  of  them  as  preaente  to  the  headquarter 
Thej  afterwards  burnt  that  town,  and  set  ftre  to  thirty 
other  popnioos  towns  of  Pent,  and  worse  than  the 
wont  of  saTsfes,  ehntting  the  inhabitants  np  in  the 
bonsei^  belbre  setting  them  on  fire,  that  they  might  be 
burnt  alive. 

**  They  hare  not  only  been  crael  and  nnsptring  in 
theb  mode  of  murder^  imt  they  have  been  void  of  all 
morality  and  public  deeency,  causing  aged  ecdesias- 
ticf  and  women  to  be  lashed  to  a  gun  and  publicly 
logged,  with  the  abomination  of  first  having  them 
•tripped,  and  thesr  nikedness  exposed  to  shame,  in  the 
pieeence  of  their  troops* 

««Tbey  eataUished  an  inquisitorial  system  in  all 
thaea  punisbmants;  tiiey  hare  seiied  on  peaceable 
Inbabitanla,  and  transported  them  across  the  sea  to  be 
ftdliodged  §at  wmpecud  crimes,  and  they  have  put  a 
groat  number  of  dtiaans  to  death  everywhere  without 
aecnsation  or  the  finm  of  a  triaL 

"They  have  invented  a  crime  of  unexampled  hor- 
ror, in  poisoning  our  water  and  fwoviiions,  wnm  they 
were  conquered  by  General  Pineto  at  La  Pai,  and  in 
letum  for  the  kindness  with  which  he  treated  them, 
after  they  had  auirendered  at  discretion,  thev  had  the 
barbarity  to  blow  up  the  headquarters,  under  which 
they  had  conatructed  a  mine,  and  prepared  a  train  be- 
Imhand. 

"  He  has  branded  us  with  the  stigma  of  rebels  the 
moment  he  returned  to  Madrid ;  he  refhsed  to  listen 
to  our  complaints,  or  to  receive  our  supplications; 
and  as  an  act  of  extreme  fiivor,heofifored  us  a  pardon. 
He  confirmed  the  Viceroys,  Governors,  and  Generals, 
whom  ho  found  aetueUy  glutted  with  carnage;  he  de- 
clared ua  guilty  of  a  high  misdemeanor,  lor  having 
daied  to  frame  a  c(mstitntion  for  our  own  govem- 
Ment,  free  from  the  control  of  a  deified,  abeolute,  and 
^ranpicaJ  Power,  under  which  we  had  groaned  three 
anenriee— a  measure  that  could  be  oflensive  only  to 
a  Priaee,  an  enemy  to  justice  and  beneficence,  and 
consequently  unworthy  to  rule  over  us. 

•*  He  than  undertook,  with  the  aid  of  his  Ministers, 
to  equip  large  military  armaments  to  be  directed 
against  ua.  He  has  caused  numerous  armies  to  be 
lent  out  to  consummate  the  work  of  devastation,  fire, 
andphmdar. 

**  He  has  sent  his  (Generals,  with  certain  decrees  of 
pardon,  which  they  publish  to  deceive  the  ignorant, 
and  induce  them  to  facilitate  their  entrance  into 
towns ;  whilst,  at  the  same  time,  he  has  given  them 
other  secret  instructions,  authorizing  them,  as  soon  as 
thqr  Aeuld  get  possession  of  a  place,  to  hang,  bum, 
eoniscate,  and  sock ;  to  encourage  private  assassina- 
^MBSi  and  to  commit  eveiy  species  of  ini uiy  in  their 
ftmn  against  the  deluded  beings  who  had  confided 
in  his  pretended  pardon.  It  is  in  the  name  of  Ferdi- 
MDd  of  Bourbon,  that  the  heads  of  patriot  officers, 
priaonera;  are  fixed  up  in  the  highways,  that  they  beat 
and  stoned  to  dea^  a  commandant  of  light  tioop%  and 
that,  after  having  killed  Cokmel  Camugo,  in  the  same 
Banner,  l»y  the  handi  of  the  indecent  Centeno,  they 
cut  off  hia  head,  and  sent  it  as  a  present  to  General 
Pesuela,  telling  him  it  was  a  mirade  of  the  Virgin  of 
the  CarmeUtea." 

In  the  atubliahment  of  the  indepeadeDce  of 
Spanish  America,  the  United  States  have  the 
dcepcat  interest.  He  had  no  hesitation  in  assert- 
iag  hia  firm  belief,  that  there  was^o  question,  In 


the  foreign  pollc]r  of  this  country,  which  fatd 
eTer  arisen^  or  which  he  could  coDceiTt  as  erer 
occurring,  in  the  decision  of  which  we  had  to 
much  at  stake.     This  interest  eoncemed  o«r 
politics,  our  commerce,  our  narigation.    There 
could  not  be  a  doubt  that  Spanish  America,  onee 
independent,  whaterer  might  be  the  form  of  the 
gOTemments  establbhed  in  iu  seyeral  parts,  thoae 
gorernments  would  be  animated  by  an  American 
feeling,  and  guided  by  an  American  policy.  They 
would  obey  the  laws  of  the  system  of  the  New 
World,  of  which  they  would  compose  %_part,  in 
contradistinction  to  that  of  Europe.    Without 
the  influence  of  that  Tortex  in  Bqrope,  the  bal- 
ance of  power  between  its  several  parts,  the  pre- 
serration  of  which  had  so  often  dreoched  Europe 
in  blood,  America  is  sufficiently  remote  to  con- 
template the  new  wars  which  are  to  afflict  that 
quarter  of  the  globe,  ax  a  calm^  if  not  a  cold  and 
iodififerent.  spectator.    In  relation  to  those  wars, 
the  several  parts  of  America  will  generally  stand 
neutraL    And  as,  during  the  period  when  they 
rage,  it  would  be  important  that  a  liberal  system 
of  neutrality  i/hould  be  adopted  and  observed,  all 
America  will  be  interested  in  maintaining  and 
enforeing  such  a  system.    The  independence, 
then,  of  Spanish  America  is  an  interest  of  pri- 
mary  consideration.    Next  to  that,  and  highly 
important  in  itself,  was  the  consideration  of  the 
nature  of  their  governments.    That  was  a  quea* 
tion.  however,  for  themselves.    They  would,  no 
douDt.  adopt  those  kinds  of  governments  wnieh 
were  best  suited  to  their  condition,  best  calcula- 
ted for  their  happiness.    Anxious  as  he  was  that 
they  should  be  free  governments,  we  had  no 
right  to  prescribe  for  them.    They  were,  and 
ought  to  be,  the  sole  judges  for  themselves.    He 
was  strongly  inclined  to  believe  that  they  would 
in  most,  if  not  all,  paru  of  their  country,  esub- 
iish  free  governments.    We  were  their  great  ez* 
ample.   Of  us  they  constantly  spoke  as  of  brothers, 
having  a  similar  origin.    They  adopted  our  prin* 
ciples,  copied  our  institution^  ana,  in  some  in* 
stances,  employed  the  very  language  and  senti* 
ments  of  our  revolutionary  papers.    [Here,  Mr. 
C.  read  the  following  pass^  from  the  same  m«i- 
ifesto  before  cited :] 

« Having,  then,  been  thus  impefled  by  the  Span- 
iards and  their  King,  we  have  calculated  all  the  con* 
sequences,  and  have  constituted  ourselves  hidepead- 
ent,  prepared  to  exercise  the  right  of  nature  to  dsfrnd 
ourselves  against  the  ravages  of  ^rranny,  at  the  risk  of 
our  honor,  our  lives,  and  fiirtnne.  We  have  sworn  to 
the  only  King  we  acknowledge,  the  Bi^pveme  Judge 
of  the  Worid,  that  we  will  not  abandon  the  cause  of 
lustice;  that  we  will  not  suffer  the  country  which  he 
has  given  us  to  be  buried  in  ruins,  and  inundated 
with  blood,  by  the  hands  of  the  executioner/'  dtc. 

But  it  is  sometimes  said  that  they  are  too 
ignorant  and  too  superstitious  lo  admit  of  the 
existence  of  free  government.  This  chaiga  of 
ignorance  is  oAen  urged  by  persons  themselves 
actually  ignorant  of  the  real  condition  of  that 
people.  He  denied  the  alleged  fact  of  i^orance; 
he  denied  the  inference  from  that  fact,  if  it  were 
true,  that  they  wanted  capacity  for  free  govern* 


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H^ofE. 


SpaaM  Ametiean  Pi 


HAftcs,l«l8. 


({  md  be  refosed  bis  atsest  to  the  forther 
MMclttsioo,  if  the  faet  were  true  and  the  iDfer- 
•ooe  just,  that  we  were  to  be  iDdiflbreot  to  their 
fiMe.  Ail  the  writers  of  the  most  established  mi* 
tbority,  DepoBs,  Humboldt,  and  othetv,  conesr 
i»  aMigpiaf  to  the  people  of  Sjianish  Ametioa, 
great  quickaeflSj  Renins,  and  particokr  nptitode 
for  the  acQoisitioQ  of  the  ezaet  seienees,  and 
others  wbich  they  have  been  allowed  to  cnltirate. 
In  attroBomy,geolofjr,  mineralogy,  chemistry,  bot- 
any, dtc,  they  are  allowed  to  make  distiogiusbed 
woneieney.  They  jastly  boast  of  their  Absnte, 
Velasquez,  and  Qtma,  and  other  iliastrioas  eon- 
ttibiitors  to  scienee.  They  have  nine  Universi- 
ties, and  in  the  city  of  Mexico  it  is  affirmed,  by 
Humboldt,  thai  there  are  more  solid  scientific 
establbhments  than  in  any  city  even  of  North 
America.  He  would  refer  to  the  message  of  the 
Si^ene  Director  of  La  Plata,  which  he  would 
jbereafibcr  have  oceaston  to  use  for  another  pur- 
pose, as  a  model  of  fine  composition  of  a  State 
paper,  challengiuff  a  comparison  with  any,  the 
most  celebrated  that  ever  issued  from  the  pens 
of  Jeiiersoa  or  Madison.  Gentlemen  would  egre* 
giously  err  if  they  formed  their  opinions  of  the 
nrcaent  moral  conditicm  of  Spanish  America, 
fipom  what  it  was  under  the  debasing  system  of 
Spain.  The  eight  years\  reTolodon  m  which  it 
baa  been  engaged,  has  already  produced  a  powers 
fttl  effect. 

Education  had  been  attended  to,  and  genius 
developed.  [Here  Mr.  C.  read  a  passage  from 
the  Colonial  Journal,  published  last  Snmmer  in 
Qreat  Britain,  where  a  disposition  to  ezaggemte 
on  that  side  of  the  question  could  hardly  be  sup- 
poaed  to  exist.*]  The  fact  was  not,  therefore, 
trie,  that  the  impoted  ignorance  ezisud;  but,  if 
it  did,  he  repeated  that  he  disputed  the  inference. 
It  was  the  doctrine  of  thrones,  that  man  was  too 
ignorant  to  gorern  himselH  Their  partisans  as- 
aert  this  incapacity  in  rafetence  to  all  nations;  if 
they  cannot  command  universal  assent  to  the 
proposition,  it  is  then  demanded  as  to  particular 
nations;  and  our  pride  and  our  presumption  too 
often  m^e  converts  of  us.  Mr.  C.  contended 
tfcat  it  was  to  arraign  the  dispositions  of  Provi* 
deuce  himself,  to  suppose  that  he  had  created 
beings  incapable  of  governing  themselves,  and  to 
be  tcavy^ed  on  by  kings.  He  contended  that 
M^U-^vernonnt  was  the  natural  government  of 
man,  and  he  referred  to  the  aborigines  of  our  own 
land.  If  he  were  to  speculate  in  hypotheses  un- 
fitvoEahle  to  human  liberty,  his  should  be  founded 
father  Qpo«  the  vices,  reioements,  or  density  of 

"^'^As  soon  as  the  project  of  rsTolntion  arose  on  the 
shores  of  La  Plats,  geniuc  and  tident  exhibited  their 
infioenee;  the  capacity  of  the  people  became  manifest, 
and  the  means  of  aequiring  knowledge  was  soon 
made  the  fiivoctte  pursuit  of  the  yoath.  As  ferae  the 
wanii,  or  the  inevitable  interruption  of  alEun  have 
attowad»  eveiything  has  been  done  to  dimciminsts  ns^ 
ial  infermation.  The  liberty  of  the  press  has  indeed 
met  with  aome  oeeasionsl  checks;  but  in  Bnenos 
Ayres  alone  as  many  peiiodieal  works  weekly  issue 
£rom  the  press  as  in  Spam  and  Portugal  put  together." 


population.  Crowded  together  in  compact  mass- 
es, even  if  they  were  philoeophers,  the  oontagion 
of  the  passions  is  commuoieated  and  eaught,«ni 
the  effect  too  often,  he  admitted,  was  the  aver- 
throw  of  liberty.  Dispersed  over  such  an  iflii*> 
meoee  space  as  that  on  which  the  people  of  Span- 
ish America  were  spread,  their  pnysieal,  and  ha 
believed,  also,  their  moral  condition,  both  favorea 
liberty. 

With  regard  to  their  superstition,  be  said,  the|' 
worshipped  the  same  Qod;  with  us.  Their  pray- 
ers were  offered  up  in  their  temples  to  the  sam* 
Redeemer,  whose  intercession  we  expected  t^ 
save  us.  All  religions,  united  with  Oovernmeni, 
were  more  or  less  inimical  to  liberty.  All,  sepa* 
rated  £rora  Government,  were  compatible  w«th 
libertv.  If  the  people  of  Spanish  Ai]aeriea  htai 
not  already  gone  as  far,  in  relifiotta  t<Jei9atioa,aa 
we  had,  the  differanoe  in  their  eonditiMi  wim 
ours  should  not  be  forgotten.  Bverything  wia 
progfesaive.  And  in  time  he  hoped  to  see  Ihem 
imitating,  in  this  respect^  our  example.  But  grant 
that  the  people  of  Spanish  America  are  ignorant 
and  incompetent  for  free  government,  to  whom 
is  that  ignorance  to  be  ascnbed  ?  Is  it  not  to  the 
execrable  system  of  Spain,  wbich  she  seeks  again 
to  establish  and  to  perpetuate?  So  far  from  chil- 
ling our  hearts,  it  ought  to  increase  our  solicitude 
for  our  unfortunate  brethren.  It  ought  to  animate 
us  to  desire  the  redemption  of  the  minds  and  the 
bodies  of  unborn  millions  from  the  brutifying  e)^ 
fecu  of  a  system,  whose  undency  is  to  stifle  the 
faculties  of  the  soul,  and  to  degrade  man  to  ih# 
level  of  beasts.  He  would  invoke  the  spirits  of 
our  departed  fetthers.  Was  it  for  yourselves  onl)r 
that  you  nobly  fought?  No,  no.  it  was  tha 
chains  that  were  forging  for  your  posterity  ih«t 
made  you  fly  to  aruM,  and,  scaticving  the  el»> 
menta  of  those  chains  to  the  winds,  you  tranemili> 
ted  to  us  the  rich  inheritance  of  liberty. 

The  exports  of  Spanish  America  (exclusive  of 
the  islands)  are  estimated,  in  the  valuable  little 
work  of  M.  Torres,  deserving  to  be  better  known, 
at  about  eighty-one  millions  of  dollars.  Of  these 
more  than  three-fourths  consist  of  the  precious 
metals;  the  residue  are  cocoa,  coffee,  cochineal^ 
sttffar,  and  some  other  articles.  No  nation  ever 
offered  richer  commodities  in  exchange.  It  was 
of  no  material  consequence  that  we  produced  but 
little  that  Spanish  America  wanted.  Commerce^ 
as  it  actually  exists,  in  the  bands  of  maritinae 
States,  was  no  longer  confined  to  a  mere  baitai^ 
between  anv  two  States,  of  their  respective  pao* 
ductions.  It  rendered  tributary  to  its  iatere^a 
the  commodities  of  all  quarters  of  the  world.  Bo 
that  a  rich  American  cargo,  or  the  consents  of  a« 
American  commercial  warehouee.  presented  fim 
with  whatever  was  rare  or  valuable  in  every  part 
of  the  globe.  Commerce  whs  net  t6  be  judgai 
by  its  results  in  transactions  with  one  nation 
only.  Unfavorable  balances  existinsr  with  one 
State  are  made  up  by  contrary  balances  with 
other  Sutes.  And  its  true  value  should  be  tested 
by  the  totality  of  its  operations.  Our  greatest 
irade^that  with  Qreat  Britain— judged  by  thA 
amount  of  what  we  soid  for  her  consumptioay 


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MW3B,  i8ia 


Qpanitk  Amencon  PtvHueei. 


H.orll. 


ai4  what  we  UMg bt  of  her  for  oars,  woold  be 
proBoaneed  miaom.  Bat  the  anfayorablt  bal- 
Miee  was  eorered  by  the  vrofits  of  trade  with 
other  natioBs.  We  may  safely  trust  to  the  dar- 
ing aaterprise  of  oar  merchaotSk  The  preeioos 
metals  are  in  Sooth  America,  aad  they  will  com- 
maad  theartieks  wanted  io  Soath  Ameriea  which 
will  porebase  them.  Cor  BaTigation  will  be  ben- 
eUted  by  the  traasportatioa,  and  oar  coaatry  will 
realise  the  mereaatile  proits.  Already  the  item 
ia  oar  exports  of  American  manofactores  is  re- 
apectable.  They  go  chiefly  to  the  West  ladies 
tod  to  Spanish  Ameriea.  This  item  is  constant- 
ly aagmenting •  And  he  woald  again,  as  he  had 
oa  another  occasion,  aak  gentlemen  tcTelerate 
themselTes  to  the  actaal  importance  and  ffreat- 
aesa  of  our  Republic ;  to  reflect,  like  true  Amer- 
ican ataieemea,  that  we  were  not  legislating  for 
the  present  day  only;  and  to  contemplate  this 
eoimtry  in  its  march  to  true  greatness,  when  rail- 
lions  on  millions  will  be  added  to  our  population, 
and  when  the  increased  prodoctiTe  industry  will 
fkmiah  an  infinite  yariety  of  fabrics  for  foreign 
eoosuinptioa,  in  order  to  supply  our  own  wants. 
The  distribtuion  of  the  precious  metals  has  hith- 
erto been  priacipally  made  through  the  circuitous 
channel  of  Cadiz.  No  one  can  foresee  all  the 
eiEeets  which  will  result  from  a  direct  distribu- 
tion of  them  from  the  mines  which  produce  them. 
One  of  these  effiicts  will  probably  be  to  Me  us 
the  entire  command  of  the  India  trade.  The  ad- 
Tantage  we  bare  on  the  map  of  the  world  over 
Europe,  in  that  respect,  is  prodigious.  Again,  if 
Banana,  persisting  ia  her  colonial  monopoly, 
continued  to  occlude  her  ports  in  the  West  Indies 
to  us,  and  we  should,  as  he  contended  we  ought, 
meet  her  system  by  a  countervailing  measure, 
YencsueJa,  New  Grenada,  and  other  parts  of 
Spanish  America,  would  afford  us  all  that  we  net 
from  the  British  West  Indies.  He  confessed  that 
he  despaired,  for  the  present,  of  our  adopting  that 
salutary  measure.  It  was  proposed  at  the  last 
session,  and  jpostponed*  He  saw,  and  he  owned 
it  with  infinite  regret,  a  tone  and  a  feeling  in  the 
coaacils  of  the  country  infiniuly  below  that  which 
belonged  to  the  country.  It  was,  perhaps,  the 
mocal  coasequeace  of  the  exertions  of  the  late 
war.  We  aie  alarmed  at  dangers,  we  know 
not  what,  by  spectres  conjured  up  by  our  own 
▼if  id  imsgiaatioBs. 

The  West  India  bUl  is  brought  up.  We  shrug 
enr  shoulders,  talk  of  restrictwos,  non-intercourse, 
eaibargQ,  commercial  warfare,  make  long  faces, 
and— postpone  the  bilL  The  time  will,  however, 
nonae  must  come — when  this  country  will  net 
aobmit  to  a  commerce  with  the  British  colonies 
upon  the  terms  which  England  alone  prescribes. 
And  he  repeated  that,  when  it  arrived,  Spanish 
Aaaeriea  would  afford  us  an  ample  substitute. 
Then,  ae  to  our  navlg^ation,  gentlemen  should 
leeoUcet  that,  if  reasoning  from  past  ezperien<;e 
were  safe,  for  the  future  our  great  commercial 
rival  will  be  in  war  a  greater  number  of  years 
than  she  will  be  in  peace.  Whenever  she  shall 
be  at  war,  and  we  are  in  peace,  our  navigation, 
bttBf  free  from  the  risks  and  insurance  incident 


to  war^  we  shall  engross  almost  the  whole  trana- 
portation  of  the  Spanish  American  commerce. 
For  he  did  not  believe  that  that  countr^r  would 
ever  have  a  considerable  marine,  hfexico,  the 
most  populous  part  of  it,  had  but  two  ports.  lin 
Vera  Cruz  and  Aeapulco,  and  neither  of  then 
very  good.  Spanish  America  had  not  the  ek^ 
meats  to  construct  a  marine.  It  wanted,  and 
must  always  want,  hardy  seamen.  He  did  nef 
believe  that,  in  the  present  improved  state  of  nat-' 
igation,  any  nations  so  far  South  would  ever  maher 
a  figure  as  maritime  Powers.  If  Carthage  and 
Rome,  in  ancieat  times,  and  some  other  States  of 
a  later  period,  occasionaUy  made  great  eiEertioBs 
on  the  water,  it  must  be  recollected  that  they 
were  principally  on  a  small  theatre,  and  in  a  to- 
tally different  state  of  the  art  of  navigation,  er 
when  there  vras  no  competition  from  northcfn 
States. 

He  was  aware  that,  in  opposition  to  the  inter- 
est which  he  had  been  eodeavoriag  to  manifest 
that  this  country  had  in  the  independence  of  Span- 
ish AmeriM,  it  was  contended  that  we  shoold 
find  that  country  a  great  rival  in  agricukural  pro- 
ductions. There  was  something  so  narrow  and 
selfish,  and  grovelling  in  this  argument,  if  found- 
ed in  fact,  somethiag  so  unworthy  the  magnan- 
imity of  a  great  and  a  generous  people,  that  he 
confessed  be  had  scarcely  patience  to  notice  it 
But  it  was  not  true  to  any  extent.  Of  the  eiffhty 
odd  millions  of  exports,  only  about  one  million 
and  a  half  consisted  of  an  article  which  might 
come  into  competition  with  us,  and  that  was  cot- 
ton. The  tobacco  which  Spain  received  from 
her  colonies  was  chiefly  produced  in  her  islands. 
Breadstufis  could  nowhere  be  raised  and  brought 
to  market  in  any  amount  materially  afiectiag  us. 
The  Ubie  leads  of  Mexico,  owlaff  to  their  eleva- 
tion, were,  it  b  true,  well  adaptea|  to  the  cuhaie 
of  grain ;  but  the  ezjpense  and  difficulty  of  getting 
it  to  the  Gulf  of  Mexico,  and  the  action  of  the 
iotei»e  heat  at  La  Vera  Crus,  the  only  port  of 
exportation,  must  always  prevent  Mexico  from 
being  an  alarming  competitor.  Spanish  Aaaer- 
iea was  capable  of  producing  articles  so  much 
more  valuable  than  those  which  we  raised,  that 
it  was  not  probable  they  would  abandoa  a  more 
profitable  for  a  less  ad  vantaffcoos  culture^  to  conle 
into  oompetition  with  us.  The  Weet  India  islanis 
were  well  adapted  to  the  raising  cotton  ;  and  yet 
the  more  valuable  culture  of  ccmee  and  sugar  was 
consuntly  preferred.  Agaia:  Providence  had  so 
ordered  it,  that  with  regard  to  countries  ptedu- 
cing  articles  apparently  similar,  there  was  some 
peculiarity,  resulting  from  climate^  from  soil,  er 
from  some  other  cause,  that  gave  to  each  an  ap- 
propriate place  in  the  general  wants  and  consump- 
tion of  mankind.  The  southern  part  of  the  con- 
tinent, La  Plata  and  Chili,  was  too  remote  to 
rival  us.  m*:^.- 

The  immense  country,  watered  by  the  mmsm- 
sippi  and  its  branches,  had  a  peculiar  interest, 
which  he  trusted  he  should  be  excused  for  notic- 
ing. Having  but  the  single  vent  of  NewOrleane, 
for  all  the  surplus  produce  of  their  industry,  it 
was  quite  evident  that  they  would  have  a  greater 


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H.  or  R. 


£|paitii4  AwiBrican  Prtmncm. 


March,  1818. 


tecaritr  for  eojoying  the  adranUget  of  that  out- 
let, if  the  iadependeoce  of  Mexico  upon  any  Eu- 
ropean Power  were  effected.  Such  a  Power,  own- 
ing at  the  same  time  Coha,  the  great  key  of  the 
Gulf  of  Mexico,  and  all  the  shores  of  that  Ghiif, 
with  the  exception  of  the  portion  between  the 
Perdido  and  the  Rio  del  Norte,  must  hare  a  pow- 
•erful  command  orer  our  interests.  Spain,  it  was 
true,  was  not  a  dangerous  neighbor  at  present, 
but,  in  the  Ticissitudes  of  States,  her  power  might 
be  affain  resuscitated. 

Mr.  C.  continued — having  shown  that  the 
cause  of  the  patriots  was  just,  and  that  we  had 
«  great  interest  in  its  successiul  issue,  he  would 
next  inquire  what  course  of  policy  it  became  us 
lo  adopt.  He  had  already  declared  that  to  be 
one  of  strict  and  impartial  neutrality.  It  was 
not  necessary  for  their  interest,  it  was  not  expe- 
dient for  our  own,  that  we  should  take  part  in 
the  war.  All  they  demanded  of  us  was  a  just 
neutralitj.  It  was  compatible  with  this  pacific 
policy— It  was  required  by  it,  that  we  should  re- 
cognise any  established  Gh>Ternment,  if  there 
were  any  established  Gtorernment  in  Spanish 
America.  Recognition  alone,  without  aid,  wts 
no  just  cause  of  war.  With  aid  it  was,  not  be- 
cause of  the  recognition,  but  because  of  the  aid, 
as  aid  without  recognition  was  cause  of  war. 
The  truth  of  these  propositions  he  would  main- 
lain  upon  principle,  by  the  practice  of  other 
States,  and  by  the  usage  of  our  own.  There  was 
no  common  tribunal  among  the  nations,  to  pro- 
nounce upon  the  fact  of  the  sovereignty  of  a  new 
State.  Bach  Power  must  and  does  judge  for  it- 
self. It  was  an  attribute  of  sovereignty  so  to 
judge.  A  nation,  in  exerting  this  incontesuble 
right — in  pronouncing  upon  the  independence  in 
lact  of  a  new  State,  takes  no  part  in  the  war.  It 

g'ves  neither  men,  nor  ships,  nor  money.  It 
erely  pronounces  that  in  so  far  as  it  may  be 
necessary  to  institute  any  relations  or  to  support 
any  intercourse,  with  the  new  Power,  that  Power 
is  oanable  of  maintaining  those  relations  and  au- 
thoriziog  that  intercourse. — Martens  and  other 
publicisu  lay  down  these  principles. 

When  the  United  Provinces  formerly  severed 
themselves  from  Spain,  it  was  about  eighty  years 
before  their  independence  was  finally  recognised 
hf  Spain.  Before  that  reeognition.  the  United 
'  Previnces  had  been  received  by  all  the  rest  of 
Europe  into  the  family  of  nations.  It  is  true 
that  a  war  broke  out  between  Philip  and  Eliza- 
beihy  but  it  proceeded  from  the  aid  which  she 
determined  to  give  and  did  give  to  Holland.  In 
no  instance  he  believed  could  it  be  shown,  from 
authentic  historv,  that  Spain  made  war  upon 
any  Power,  on  the  sole  ground  that  such  Power 
had  acknowledged  the  independence  of  the  United 
Provinces. 

In  the  case  of  our  own  Revolution,  it  was  not 
until  after  France  had  given  us  aid,  and  had  de- 
termined to  enter  into  a  treaty  of  alliance  with 
a«— -a  treaty  by  which  she  guarantied  our  inde- 
pendence, that  England  declared  war.  Holland 
also  was  charged  by  England  with  favoring  our 
cause,  and  deviating  from  the  line  of  strict  neu- 


trality. And,  when  it  was  pereeived  that  she  was, 
moreover,  about  to  enter  into  a  treaty  with  us, 
England  declared  war.  Even  if  it  were  shown 
that  a  proud,  haughty,  and  powerful  nation,  like 
England,  had  made  war,  upon  other  provincea, 
on  the  ground  of  a  mere  recognition,  the  single 
example  could  not  alter  the  public  law,  or  shake 
the  strength  of  a  clear  principle. 

But  what  had  been  our  own  uniform  practice  t 
We  had  constantly  proceeded  on  the  principle, 
that  the  government  de  facto  was  that  which 
we  could  alone  notice.  Whatever  form  of  gov- 
ernment any  society  of  people  adopt ;  whoever 
they  acknowledge  as  their  sovereign,  we  eoneider 
that  government  or  that  sovereign  as  the  one 
to  be  acknowledged  by  us.  We  have  iavariabl|r 
abstained  from  assuming  a  right  to  decide  m 
favor  of ,  the  sovereign  at  jure,  and  against  the 
severely  de  facto.  That  is  a  question  for  the 
nation  m  which  it  arises  to  determine.  And,  so 
is  far  as  we  are  concerned,  the  sovereign  de  facto 
the  soverei^p  dejure*  Our  own  revolution  standa 
on  the  basis  of  the  right  of  a  people  to  change 
their  rulers.  He  did  not  mainuin  that  every 
immature  revolution — ev^ry  usurper,  before  his 

Kwer  was  consolidated,  was  to  be  acknowledMd 
us ;  but  that  as  soon  as  stability  and  order 
were  maintained,  no  matter  by  whom^  we  always 
had  considered  and  ought  to  consider  the  actual 
as  the  true  Government.  Gkneral  Washington, 
Mr.  Jefferson,  Mr.  Madison,  had  all,  lyhiist  they 
were  respectively  Presidents,  acted  on  these  prin- 
ciples. 

In  the  case  of  the  French  Republic,  General 
Washington  did  not  wait  until  some  of  the 
crowned  heads  of  Europe  should  set  him  the 
example  of  acknowledging  it,  but  accredited  a 
Minister  at  once.  And  it  is  remarkable  that  he 
was  received  before  the  Government  of  the  Re- 

{rablic  was  considered  as  established.  It  will  be 
bund,  in  Marshall's  Life  of  Washington,  that, 
when  it  was  understood  that  a  Minister  from  the 
French  Republic  was  about  to  present  himself. 
President  Washington  submitted  a  number  of 
questions  to  his  Cabinet  for  their  consideration 
and  advice,  one  of  which  was,  whether,  upon 
the  reception  of  the  Minister,  he  should  be  noti- 
fied that  America  would  suspend  the  execution 
of  the  treaties  between  the  two  countries  until 
France  had  an  established  Government.  General 
Washington  did  not  stop  to  inquire  whether  the 
descendants  of  St.  Louis  were  to  be  considered  as 
the  legitimate  sovereigns  of  France,  and  if  the 
revolution  was  to  be  regarded  as  unauthorized 
resistance  to  their  sway.  He  saw  France,  in 
fact,  under  the  government  of  those  who  had 
subverted  the  Throne  of  the  Bourbons,  and  he 
acknowledged  the  actual  Government.  During 
Mr.  Jefferson's  and  Mr.  Madison's  Administra- 
tions, when  the  Cortes  of  Spain  and  Joseph  Bona- 
parte respectively  contended  for  the  Crown,  thoee 
enlightened  statesmen  said,  we  will  receive  a 
Minister  from  neither  party ;  settle  the  question 
between  yourselves,  and  we  will  acknowledge 
the  party  that  prevails.  We  have  nothing  to  do 
with  your  feuas;  whoever  all  Spain  acknowl- 


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HnSORT  OF  CONGRBSB. 


UM 


Mabc%1818. 


H.opR* 


9igw  as  her  aoTereign,  is  the  odIj  soTer«ifi:ii 
with  whom  we  can  maintain  any  remtions.  Mr. 
Jeffiffsott,  it  is  nnderstood,  considered  whether 
he  should  not  reeeire  a  Minister  from  hoth  par* 
ties,  and  finally  decided  against  it  hecaase  of  the 
ineonveniences,  to  this  country,  which  miffht 
resolt  fiom  the  doohle  representation  of  another 
Power.  As  soon  as  the  French  armies  were  ex- 
pelled from  the  Peninsula,  Mr.  Madison,  still  act- 
ing oa  the  principle  of  the  goremment  de  faetOj 
receired  the  present  Minbter  from  Spain.  Dur- 
ing all  the  phases  of  the  French  €k>vernment— 
Republic,  directory,  Consuls,  Consul  for  life, 
Emperor,  King,  Emperor  ag^n,  King---our  Qor» 
emment  has  uniformly  receiTed  the  Minister. 

If,  then,  there  be  an  established  Qoremment 
in  Spanish  America,  deserring  to  rank  among 
the  nations,  we  were  morally  and  politically 
bound  to  acknowledge  it,  unless  we  renounced 
all  the  principles  which  ought  to  guide,  and 
which  hitherto  had  guided,  our  councils.  Mr.  C. 
then  undertook  to  bhow,  that  the  united  pror* 
iaces  of  the  Rio  de  la  Plata  was  such  a  Gbrem- 
nent.  Its  limits,  he  said,  extending  from  the 
South  Atlantic  ocean  to  the  Pacific,  embraced  a 
territory  equal  to  that  of  the  United  States,  cer- 
tainly equal  to  it,  exclusire  of  Louisiana.  Its 
population  was  abo,ut  three  millions,  more  than 
equal  to  ours  at  the  commencement  of  our  Rero- 
lotion.  That  population  was  a  hardy,  enterpris- 
ing, and  gallant  population.  The  establishments 
of  MonteTideo  and  Buenos  Ayres  had,  during 
different  periods  of  their  history,  been  attacked 
by  the  French,  Dutch,  Danes.  Portuguese,  Eng- 
lish, and  Spanish;  and  sucn  was  the  martial 
character  oi  the  people,  that,  in  erery  instance, 
the  atuck  had  been  repulsed'.  In  1807.  General 
Whitloeke,  commanding  a  powerful  English  army, 
was  admicied,  under  the  guise  of  a  friend,  into 
Boenoe  Ayres,  and,  as  soon  as  he  was  supposed 
to  hare  demonstrated  inimical  designs,  he  was 
driren  bj  the  natire  and  unaided  force  of  Buenos 
Ayres  from  the  country.  Buenos  Ayres  had, 
during  now  nearly  dght  years,  been,  in  point  of 
iMt.  in  the  enjoyment  of  self-goremment.  The 
camtal,  containing  more  than  sixty  thousand  in- 
habitants, has  nerer  been  once  lost.  As  early  as 
1811,  the  Regency  of  Old  Spain  made  war  upon 
BoenoB  Ayres,  and  the  consequence  subsequently 
was^  Che  capture  of  a  Spanish  armr  in  Monte- 
Tideo, equal  to  that  of  Burgoyne.  This  Govern- 
ment Ins  now  in  excellent  discipline,  three  well 
appointed  armies,  with  the  most  abundant  mcUe- 
T%A  of  war ;  the  army  of  Chili,  the  army  of  Peru, 
and  the  army  of  Buenos  Ayres.  The  first,  under 
San  Martin,  has  conquered  Chili ;  the  second  is 
penetrating  in  a  Northwestern  direction  from 
Buenos  Ayres,  into  the  rice-royalty  of  Peru ; 
and,  according  to  the  last  accounts,  had  reduced 
Che  ancient  seat  of  eminre  of  the  Incas.  The 
third  remains  at  Buenos  Ayres  to  oppose  any 
force  which  Spain  may  send  against  it.  To  show 
the  condition  of  the  country  in  July  last,  Mr.  C. 
again  called  the  attention  of  the  Conunittee  to 
Se  message  of  the  Supreme  Director,  delir- 
end  to  the  Congress  of  the  United  Prorinces. 


It  was  a  paper  of  the  same  authentic  character 
with  the  speech  of  the  King  of  England  on 
opening  his  Parliament,  or  the  Message  of  the 
President  of  the  United  States,  at  the  com- 
mencement of  Conffress.  [Mr.  C.  here  read  the 
following  passages  :J 

«  The  army  of  this  c^kital  was  oiganiaed  at  the 
same  time  with  those  of  the  Andes  and  of  the  iate* 
rior ;  the  regular  Ibioe  has  been  nearly  doubled ;  the 
militia  has  made  great  progrsss  in  military  disoipUae ; 
oar  slsTe  population  has  ^n  formed  into  battalions^ 
and  taught  Uie  military  art  as  fiur  as  is  eonnstent  with 
their  condition.  The  capital  is  under  no  apprehen- 
sion that  an  army  of  ten  thonsand  men  can  shake  its 
liberties,  and,  should  the  Peninsnlsxians  send  against* 
us  thrice  that  namber>  ample  pnmneii  hss  been 
made  to  receiTO  them. 

^  Our  navy  has  been  fostered  in  all  its  branches. 
The  scarcily  of  means,  under  which  we  labored  until 
now,  has  not  prerented  us  from  undertaking  very  con- 
siderable operations,  with  reiqiect  to  the  nattonal  Tea- 
sels ;  all  of  them  haTO  been  repaired^  and  others  have 
been  purohassd  and  armed  for  the  defoace  of  par  coasts 


and  iiTen ;  poTisions  hare  been  made,  should  i 
sity  require  it,  for  armmg  many  more,  so  that  the  < 
my  will  not  find  himself  seeare  from  our  r^risab  eren 
upon  the  oeean. 

«  Our  military  force,  at  eTery  point  which  it  occu- 
pies, seems  to  be  animated  by  the  same  sphit ;  its  tao- 
tios  are  uniform,  and  hsTe  undergone  a  rapid  improve* 
meat  from  the  science  of  experience,  which  it  has  bor^ 
rowed  from  warlike  nations. 

«  Our  ■  arsenals  hsTe  been  replenished  with  arms, 
and  a  sufikaent  store  of  cannon  and  munitioiis  of  war 
has  been  prorided  to  maintain  the  contest  for  many 
years ;  and  thui,  after  haTing  supi^ed  articles  of  erery 
descrifrtion  to  those  districts,  which  hare  not,  as  yet, 
come  into  the  Union,  but  whose  connexion  with  us 
has  been  only  intercepted  by  reason  of  our  past  mis- 
fortunes. 

**  Our  legions  daily  receiTe  con^derable  augmenta^ 
tions  from  new  levies ;  sU  our  preparations  haTO  been 
made,  as  though  we  were  about  to  enter  upon  the 
contest  anew.  Until  now,  the  vastness  of  our  resources 
were  unknown  to  us,  and  our  enemies  may  contem- 

8 late,  with  deep  mortification  and  despair,  the  present 
ourishing  state  of  these  provinces  after  so  many  de- 
Tsstations. 

'<  Whilst  thos  occnpied  in  providing  for  our  safoty 
within,  and  preparing  for  assaults  from  without,  ether 
olyects  of  solid  interest  have  not  been  neglected,  and 
which  hitherto  were  thought  to  oppose  insurmoant* 
aUe  obstacles. 

**  Our  system  of  finance  had  hitherto  been  ona  foo^ 
ing  entirely  inadequate  to  the  unfailing  supply  of  our 
wants,  and  still  more  to  the  liquidation  ^rf*  the  im- 
mense debt  which  had  been  contracted  in  former  yean. 
An  unremitted  application  to  this  subject  has  enabled 
me  to  create  the  means  of  satisfying  Uie  creditors  of 
the  State,  who  had  aheady  abandoned  their  debts  as 
lost,  as  well  as  to  deviM  a  fixed  mode,  by  which  the 
taxes  mny  be  made  to  fidl  equally  and  indirectlv  on 
the  whole  mass  of  our  popuUtion ;  it  is  not  Uie  least 
merit  of  this  operation,  that  it  has  been  e»ctod  in 
desjate  of  the  writings  by  which  it  was  attacked,  and 
which  are  but  little  creditable  to  the  intelligence  and 
good  intentions  of  their  aathors.  At  no  other  period 
have  the  public  exigencies  been  so  punctually  sup- 


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HISTORY  OF  CONGRBSS. 


1492 


H.opR. 


Spanish  American  Prcmincet, 


March,  1818. 


pUed,  nor  have  more  imporUnt  works  been  under* 
taken. 

**The  people,  moreover,  have  been  relieved  from 
many  burdens,  which  being  partial^  or  confined  to  par- 
ticular classes,  had  occasioned  vexation  and  disgust. 
Other  vexations,  scarcely  less  grievous,  will,  by  de- 
grees, be  also  suppressed,  avoiding,  as  far  as  possible, 
a  reeurrence  to  loans,  which  have  drawn  after  them 
the  most  fatal  consequences  to  States.  Should  we, 
however,  be  compelled  to  resort  to  such  expedients  the 
leaders  will  not  see  themselves  in  danger  of  losing 
their  advances. 

**  Many  undertakings  have  been  set  on  foot  for  the 
advanoement  of  the  general  prosperity.  Such  has 
been  the  re-establishing  of  the  college,  heretofore 
named  San  Carlos,  but  hereafter  to  be  called  the  Uni- 
on of  the  South,  as  a  point  designated  for  the  dissem- 
ination of  learning  to  the  youth  of  every  part  of  the 
State,  on  the  most  extensive  scale,  for  the  attainment 
of  which  object  the  Government  is  at  the  present  mo- 
ment engaged  in  putting  in  practice  every  possible 
diltgenoe.  It  will  not  be  long  before  these  nurseries 
will  flourish,  in  which  the  liberal  and  exact  sciences 
will  be  cultivated,  in  which  the  hearts  of  those  young 
men  will  be  formed,  who  are  destined,  at  some  future 
dty,  to  add  new  splendor  to  our  country. 

''Such  has  been  the  establishment  of  a  military 
depot  on  our  frontier,  with  its  spacious  magazine,  a 
necessary  measure  to  guard  us  from  future  dangers, 
a  work  which  does  more  honor  to  the  prudent  fore- 
sight of  our  country,  as  it  was  undertaken  in  the  mo- 
ment of  its  prosperous  fortunes;  a  measure  which 
must  give  more  occasion  for  reflection  to  our  enemies, 
than  &ey  can  impose  upon  us  by  their  boastings. 

**  Fellow-citiiens,  we  owe  our  unhappy  reverses 
and  calamities  to  the  depraving  system  of  our  ancient 
metropolis,  which,  in  condemning  us  to  the  obscurity 
and  opprobrium  of  the  most  degraded  destiny,  has 
town  with  thorns  the  path  that  conducts  us  to  liberty. 
Tell  that  metropolis  that  even  she  may  glory  in  your 
works  f  Already  have  you  cleared  all  the  rocks,  es- 
caped every  danger,  and  conducted  these  provinces  to 
die  flourishing  condition  in  which  we  now  behold 
them.  Let  the  enemies  of  your  name  contemplate 
with  despair  the  energies  of  your  virtues,  and  let  the  na- 
tions acknowledge  that  you  already  appertain  to  their 
iflustrious  rank.  Let  us  felicitate  omrselves  on  the 
Uessings  we  have  already  obtained,  and  let  us  show 
to  the  world  that  we  have  learned  to  profit  by  the  ex- 
perience of  our  past  misfortunes." 

Mr.  Clat  continaed— there  wbs  a  spirit  of 
bold  ooDfidence  runniug  throaprh  this  fine  State 
paper,  which  nothing  bat  conscious  strength  could 
commuDJcate.  Their  armies,  their  magazines, 
their  finances,  were  on  the  most  solid  and  respect- 
able footing.  And,  amidst  all  the  cares  of  war, 
and  those  incident  to  the  consoltdfttioa  of  their 
pewinstitatioDs,  leisure  was  found  to  promote  the 
interests  of  science,  and  the  education  of  the  rising 
generation.  It  was  true,  that  the  first  part  of  the 
message  portrayed  scenes  of  difficulty  and  com- 
motion, the  usual  attendants  upon  resolution. 
The  very  avowal  of  their  troubles  manifested, 
however,  that  they  were  subdued.  And  what 
Stale,  passing  through  the  agitations  of  a  great 
revolution  J  was  free  from  themi  We  had  our 
tories,  our  in  trigues,  our  factions.  More  than  onee 
were  the  affections  of  the  country,  a&d  the  con- 


fidence of  our  councils,  attempted  to  be  shaken  in 
the  great  Father  of  our  liberties.  Not  a  Spaniah 
bayonet  remains  within  the  immense  extent  of 
the  territories  of  La  PlaU  to  contest  theauthoritf 
of  the  actual  Government.  It  is  free — it  is  inde- 
pendent— it  is  sovereign.  It  manages  the  inter- 
ests of  the  society  that  submits  to  its  sway.  It  is 
capable  of  maintaining  the  relations  between  that 
society  and  other  nations. 

Are  we  not  bound,  then,  upon  our  own  princi- 
ples, to  acknowledge  this  new  Republic  1  If  we 
do  not,  who  will?  Are  we  to  expect,  that  Kings 
will  set  us  the  example  of  acknowledging  the  only 
Republic  on  earth,  except  our  own?  We  re- 
ceive, promptly  receive,  a  Minister  from  what- 
ever King  sends  us  one.  From  the  great  Powers 
and  the  little  Powers,  we  accredit  Ministers.  We 
do  more :  we  hasten  to  reciprocate  the  compli- 
ipeni ;  and  anxious  to  manifest  our  gratitude  for 
royal  civility,  we  send  for  a  Minister  (as  in  the 
instance  of  Sweden  and  the  Netherlands)  of  the 
lowest  grade,  one  of  the  highest  rank  recognised 
by  our  laws.  We  were  the  natural  head  of  the 
American  family.  He  would  not  intermeddle  ia 
the  afiairs  of  Europe.  We  wisely  kept  aloof 
from  their  broils.  He  would  not  even  interned- 
die  in  those  of  other  parts  of  America,  farther  than 
to  exert  ihe  incontestable  rights  appertaining  to 
us  as  a  free,  sovereien,  and  independent  Power; 
and,  he  contended,  that  the  accrediting  of  a  MIa- 


ister  from  the  new  Republic  was  such  a  f tg^^ 
We  were  bound  to  receive  their  Minister,  if  we 
meant  to  be  really  neutral.  If  the  Royal  beliifor- 
ent  were  represented  and  heard  at  our  Qoven- 
ment,  the  Republican  belligerent  ought  aleo  to  be 
beard.  Otherwise,  one  party  would  be  in  ihe 
condition  of  the  poor  patriots  who  were  tried  ex 
parte  the  other  day  in  the  Supreme  Court,  with- 
out counsel,  without  friends.  Give  M.Onis  his 
congi^  or  receive  the  Republican  Minister.  Un- 
less you  do  so,  your  neutrality  is  nominal. 

Mr.  C.  next  proceeded  to  inquire  into  the  eoA- 
sequences  of  a  recognition  of  the  new  RepobUc. 
Will  it  involve  us  in  war  with  Spain?  He  hmX 
shown,  be  trusted,  successfully  shown,  that  it  waa 
no  just  cause  of  war  to  Spain.  Being  no  canae 
of  war,  we  had  no  right  to  expect  that  war  woall 
ensue.  If  Spain,  without  cause,  would  make  w«l, 
she  may  make  it  whether  we  do  or  do  aoc  ae- 
koowiedge  the  Republic.  But  she  woald  not,  ha- 
cause  she  could  not  make  war  against  aa.  Efe 
called  the  attention  of  the  committee  to  a  rep4M( 
of  the  Minister  of  the  Hacienda  to  the  King  of 
Spain,  presented  about  eight  months  ago.  Anaon 
b^gariy  account  of  empty  boxes,  Mr.  C.  aai4, 
was  never  rendered.  The  picture  of  Mr.  Dallaa, 
sketched  in  his  celebrated  report  during  the  iste 
war,  may  be  con  tern  plated  withoutemotion^aftar 
surveying  that  of  Mr.  Qary.  The  expenaea  of 
the  current  year  required  830^7,839  of  reala, 
and  the  deficit  of  the  income  is  repreeeated  wm 
233,140.932  of  reals.  This,  betidea  an  isaBmaie 
mass  of  unliquidated  debt,  which  the  Mioiater  ae- 
knowledges  the  otter  inability  of  the  country  to 
pay,  although  bound  in  honor  to  redeen  it.  He 
ttatea,  that  the  rasaals  of  the  King  are  totally  ns- 


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1404 


MAKB,16iB. 


^^pMtftti^  AuMTtttm  i^ntvncf^ 


H.Mlt. 


aUe  to  submit  to  «dj  u»yf  taxM,  aad  tko  coantry 
18  without  credit,  so  as  to  render  anticipatioo  by 
loaas  wholly  impFacticable*    Mr.  Gary  appears 
to  he  a  Tirtoous  outu,  who  exhibits  frankly  the 
oaked  truth ;  and  yet  such  a  Minister  acknowl* 
edges,  that  the  decorum  due  to  one  single  f«inil]f, 
that  of  the  Monarch,  does  not  admit,  in  this  criti- 
cal  eooditioo  of  his  country,  anv  redoction  of  the 
enormous  snm  of  upwards  of  56,000,000  of  reals, 
set  apart  to  defray  the  expenses  of  that  family ! 
He  suies,  that  a  foreign  war  would  be  the  great- 
est of  all  calamities,  and  one  which,  being  unable 
to  provide  for  it^  they  ouf  ht  to  employ  every  pos- 
sible means  to  avert.    He  proposed  some  iucoo- 
aiderable  coutribution  from  the  clergy,  and  the 
whole  body  was  instantly  in  an  uproar.    Indeed, 
Mr.  C.  had  do  doubt,  that,  surroimded  as  Mr. 
Qary  was,  by  corruption,  by  intrigue,  and  foUy, 
and  imbecility,  he  woula  be  compelled  to  retire, 
if  he  had  not  already  been  dismissed,  from  a  pest 
for  which  he  had  too  much  integrity.    It  had  been 
BOW  about  four  years  since  the  restoration  of  Fer- 
dinand ;  and  if,  during  that  period,  the  whole  en- 
ergies of  the  monarchy  had  been  directed  unsuc- 
cessfnll  V  aninst  the  weakest  and  most  vulnerable 
of  all  the  American  possessions,  Venezuela,  how 
was  It  possible  for  Spain  to  encounter  the  diffi- 
culties of  a  new  war  with  this  countrv  ?    MoriUo 
had  been  sent  out  with  one  of  the  nnest  armies 
that  had  ever  left  the  shores  of  Europe-— consist- 
ing of  ten  thousand  men,  chosen  from  all  the  yet- 
erans  who  had  foughf  in  the  Peninsula.    It  had 
subsequently  been  reinforced  with  about  three 
thousand  more.    And  yet,  during  the  last  Sum- 
mer, it  was  reduced,  by  the  sword  and  the  cli- 
mate, to  about  four  thousand  effective  men.    And 
▼ene2oeia,  contafniog  a  population  of  only  about 
one  million,  of  which  near  two-thirds  were  per- 
sons of  color,  remained  unsubdued.    The  httle 
Island  of  Margaritta,  whose  population  was  less 
than  twenty  thousand  inhabitants^a  population 
fighting  for  liberty  with  more  than  Roman  valor 
—had  compelled  that  army  to  retire  upon  the 
main.    Spain,  by  the  late  accounts,  appeared  to 
be  deliberating  upon  the  necessity  of  resorting  to 
that  measure  of  conscription,  for  which  Bona- 
parte had  been  so  much  abused.    The  effect  of  a 
war  with  this  country  would  be  to  insure  success, 
beyond  all  doubt,  to  the  cause  of  American  in* 
dependence.    Those  oarts  even,  over  which  Sj[Min 
lias  some  prospect  of  maintaining  her  dominion, 
would  probably  be  put  In  jeopardy.    Such  a  war 
would  be  attended  with  the  immedate  and  cer- 
tain loss  of  Florida.    Commanding  the  Gulf  of 
Mexico,  as  we  should  be  enabled  to  do  by  our 
BnvT;  Mockadiag  the  port  of  Havana,  the  port  of 
La  Verm  Cruz,  and  the  coast  of  Terra  Pinna,  and 
tkrowrw  munitions  of  war  into  Mexico,  Cuba 
would  TO  menaeed-*^Mexico  emancipated — and 
MoriHo's  army  deprived  of  supplies,  now  drawn 
prineipally  from  this  country  throiigh  the  Ha- 
vana, compelled  to  surrender.    The  war,  he  verily 
beliered,  would  be  terminated  in  less  than  two 
years^  supposing  no  other  Power  to  interpose. 

Will  the  allies  interfere?    11^  by  the  exertion 
of  an  unquestionable  attribute  of  a  sovereign 


Power,  we  should  give  no  jusc  cause  of  war  to 
Spain  herself,  how  could  it  be  pretended  that  we 
should  furni^  even  a  specious  pretext  to  the  allies 
for  making  war  upon  us  ?  On  what  ground  could 
they  attempt  to  justify  a  rupture  with  us,  for  the 
exercise  or  a  right  which  we  hold  in  common 
with  them,  and  with  every  other  independent 
Slatal  But,  we  have  a  surer  guamniee  against 
their  hostility,  in  their  interests.  That  all  the 
allies,  who  have  any  foretgn  commerte,  have  an 
interest  in  the  independence  of  Spanish  Ameri- 
oa,  was  pertotly  evident. 

On  what  ground,  Mr.  C.  again  asked,  was  ft 
likely,  then,  that  they  would  8upi>ort  Spain,  hi 
opposition  to  their  own  decided  interest?  To 
crush  the  spirit  of  revolt,  and  prevent  the  prog^ 
ress  of  free  principles?  Nation^  like  inditidu^ 
als,  do  not  sensibly  feel  and  seldom  act  upon 
dangers  which  are  remote,  either  in  time  or  place. 
Of  Spanish  America,  but  little  is  known  by  the 
great  body  of  the  population  of  Europe.  B  ven  of 
this  country,  the  most  astonkhing  ignorance  pre- 
vails there.  Those  Ewopeon  statesmen  who 
were  acquainted  with  the  country  would  reflect, 
that,  tossed  by  a  great  revolution,  it  woukl  most 
prolmbly  constitute  four  or  five  several  nations, 
and  that  the  ultimate  modification  of  all  their 
various  Governments  was  by  no  means  absc^otdy 
certain.  But,  Mr.  C  said,  he  entertained  no  doubt 
that  the  principle  of  cohesion  among  the  allies 
was  gone ;  it  was  anathilated  in  the  memoraMe 
battle  of  Waterloo*  When  thequeetion  wa&  whe- 
ther one  should  engross  all,  a  oommon  uaager 
united  all.  How  long  was  it,  eren  with  a  clear 
perception  of  that  danger,  before  an  effective  coa- 
nti<m  could  be  formed!  How  often  did  one 
Power  stand  by  unmoved  and  indifferent  to  the 
fate  of  its  neighbor,  although  the  destruction  of 
that  neighbor  removed  the  only  barrier  to  an 
attack  upon  itself  1  No;  the  consummation  of 
the  cause  of  the  allies  was— and  all  history  and 
all  experience  would  prove  it— the  destruction  of 
tha  allianee.  The  principle  was  totally  changed. 
It  was  no  longer  a  common  struggle  against  the 
colossal  power  of  Bonaparte,  but  it  became  a 
oommon  swambk  for  the  spoils  of  his  Empire. 
There  may  indeed  be  one  or  two  points  on  which 
a  common  interest  still  exists— euch  as  the  con- 
renienee  of  sufcabting  their  armies  on  the  ritals 
of  poor,  suffaring  France-^ut,  as  for  action — for 
new  enterprises— there  was  no  principle  of  unity ; 
there  pould  be  no  accordance  of  iaterests  or  of 
views  among  Uiem. 

What  was  the  condition  in  which  Europe  was 
left,  after  all  its  efforu  ?  It  was  divided  into  two 
great  Powers— one  having  the  undisputed  com- 
mand of  the  land,  the  other  of  the  water.  Paris 
was  transferred  to  St.  Petersburg,  and  the  navies 
of  Europe  were  at  the  bottom  ot  the  sea,  or  con- 
centrated in  tha  ports  of  England.  Russia— that 
huge  land  anunai,  awing  by  the  dread  of  her  vast 
power  all  continental  Rurope— was  seeking  to 
eneonipass  the  Porte,  and,  constituting  herself  the 
krmken  of  the  ocean,  was  anxious  to  lare  her 
enormous  sides  in  the  more  genial  waters  of  the 
Mediterranean.    It  was  said,  he  knew,  that  she 


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1496 


H.orR. 


Spanish  American  Provinces. 


March,  1818. 


had  indicated  a  disposition  to  take  part  with  Spain. 
No  such  thing.  She  had  sold  some  worm-eaten, 
decayed,  fir-built  ships,  to  Spain,  but  the  crews 
which  narigated  them  were  to  return  from  the 
port  of  delivery,  and  the  quid  she  was  to  get,  be 
belieyed  to  be  the  Island  of  Minorca,  in  confor- 
mity with  the  cardinal  point  of  her  policy. 
France  was  greatly  interested  in  whatever  would 
extend  her  commerce  and  regenerate  her  marine, 
and  consequently,  more  than  any  other  Power  of 
Europe,  England  alone  excepted,  was  concerned 
in  the  independence  of  Spanish  America.  He 
did  not  despair  of  France,  so  long  as  France  had 
a  legislative  body,  collected  from  all  its  parts — 
the  great  repository  of  its  wishes  and  its  will. 
Already  had  that  body  manifested  a  spirit  of  con- 
siderable independence ;  and  those  who  were  con- 
rersant  with  French  history,  knew  what  mag- 
nanimous stands  had  been  made  by  the  Parlia- 
ments—  bodies  of  limited  extent — against  the 
Royal  prerogative,  would  be  able  to  appreciate 
justly  the  moral  force  of  such  a  legislative  body, 
while  it  exists,  the  true  interests  of  France  will 
be  cherished  and  pursued,  on  points  of  foreign 
policy,  in  opposition  to  the  pride  and  interests  of 
the  Bourbon  family ;  if  the  actual  dynasty,  im- 
pelled by  this  pride,  should  seek  to  subserve  these 
interests. 

England  finds  that,  after  all  her  exertions,  she 
is  everywhere  despised  on  the  Continent;  her 
maritime  power  viewed  with  jealousy ;  her  com- 
merce subjected  to  the  most  onerous  restrictions ; 
selfishness  imputed  to  all  her  policy.  All  the  ac- 
counts from  France  represent  that  every  party. 
Bonapartists,  Jacobins,  Royalists,  Mod6r6s,  Ul- 
tras, all  burn  with  indignation  towards  England, 
and  pant  for  an  opportunity  to  avenge  themselves 
on  the  Power  to  whom  they  ascribe  all  their 
disasters.  [Here  Mr.  C.  read  a  part  of  a  letter 
which  he  had  just  received  from  an  intelligent 
friend  at  Paris,  and  which  composed  only  a 
small  portion  of  a  mass  of  evidence  to  the  same 
effect,  which  had  come  under  his  notice.]  It  was 
impossible,  he  said,  that  with  Powers,  between 
whom  so  much  cordial  dislike,  so  much  incon- 
gruity existed,  there  could  be  any  union  or  con- 
cert. Whilst  the  free  principles  of  the  French 
Revolution  remained;  those  principles  which 
were  so  alarming  to  the  stability  of  thrones,  there 
never  had  been  any  successful  or  cordial  union ; 
coalition  after  coalition,  wanting  this  spirit  of 
imion,  was  swept  away  by  the  overwhelming 
power  of  France.  It  was  not  until  after  those 
principles  were  abandoned  and  Bonaparte  had 
erected  on  their  ruins  his  stupendous  fabric 
of  universal  empire— not,  indeed,  until  after 
the  frosts  of  Heaven  favored  the  cause  of 
Europe,  that  an  effective  coalition  was  formed. 
No,  said  Mr.  C,  the  complaisance  inspired  in  the 
allies,  from  unexpected  if  not  undeserved  suc- 
cess, might  keep  them  nominally  to|[ether ;  but, 
for  all  purposes  of  united  and  combined  action, 
the  alliance  was  sone ;  and  he  did  not  believe  in 
the  chimera  of  their  crusading  against  the  inde- 
pendence of  a  countrr  whose  liberation  would 
essentially  promote  all  their  respective  interests. 


But  the  question  of  the  interposition  of  the 
allies,  in  the  event  of  our  recogoisilig  the  new 
Republic,  resolved  itself  into  a  question  whether 
England,  in  such  event,  would  make  war  upon 
us?  If  it  could  be  shown  that  England  would 
not,  it  resulted  either  that  the  other  allies  would 
not,  or  that,  if  they  should,  in  which  case  Eng- 
land would  most  probably  support  the  cause  of 
America,  it  would  be  a  war  without  the  mari- 
time ability  to  maintain  it.  He  contended  that 
England  was  alike  restrained  by  her  honor  and 
by  her  interest  from  waging  war  against  us,  and 
consequently  against  Spanish  America  also,  for 
an  acknowledgment  of  the  independence  of  the 
new  State.  England  has  encouraged  and  fo- 
mented the  revolt  of  the  colonies  as  early  as  June, 
1797.  Sir  Thomas  Picton,  Qovernor  of  Trini- 
dad, in  virtue  of  orders  from  the  British  Minister 
of  Foreign  Affairs,  issued  a  proclamation,  in  which 
he  expressly  assures  the  inhabitants  of  Terra 
Firma  that  the  British  Government  will  aid  in 
establishing  their  independence.*  In  prosecution 
of  the  same  object  Great  Britain  defrayed  the 
expenses  of  the  famous  expedition  of  Miranda. 

England,  in  1811,  when  she  was  in  the  most 
intimate  relations  with  Spain,  then  struggling 
asaiust  the  French  power,  assumed  the  attitude 
of  a  mediator  between  the  colonies  and  the  Pen- 
insula. The  terms  on  which  she  conceived  her 
mediation  could  alone  be  effectual  were  rejected 
by  the  Cortes  at  the  lowest  state  of  the  Spanish 
power.  Among  these  terms  England  required 
for  the  colonies  a  perfect  freedom  of  commerce, 
allowing  only  some  degree  of  preference  to 
Spain;  that  the  appointment  of  Viceroys  and 
Governors  should  be  made  indiscriminately  from 
Spanish  Americans  and  Spaniards;  and  that  the 
interior  government,  and  every  branch  of  public 
administration  should  be  intrusted  to  the  CabUdo 
or  Municipalities,  d^c.  If  Spain,  when  Spain 
was  almost  reduced  to  the  island  of  St.  Leon, 
then  rejected  those  conditions,  would  she  now 
consent  to  them,  amounting,  as  they  do,  substan- 
tially to  the  independence  of  Spanish  America? 
If  England,  devoted  as  she  was  at  that  time  to  the 
cause  of  the  Peninsula,  even  then  thought  those 
terms  due  to  the  colonies,  would  she  now,  when 
no  particular  motive  exists  for  cherishing  the 
Spanish  power,  and  after  the  ingratitude  with 
which  Spain  has  treated  her,  thine  that  the  col- 
onies ouffht  to  submit  to  less  favorable  condi- 
tions? And  would  not  England  stand  disgraced 
in  the  eyes  of  the  whole  world,  if,  after  having 

*  The  following  is  the  passage  read :  **  With  regard 
to  the  hope  you  entertain  of  raising  the  spiriti  of  thos^ 
persons  with  whom  you  are  in  correspondence,  towards 
encouraging  the  inhabitants  to  resist  the  (^pnanve 
authority  of  their  (Government,  I  have  little  more  to 
say  than  that  they  may  be  certain  that  whenever  thev 
are  in  that  dispoeitiony  they  may  receive  at  your  hanos 
all  the  succors  to  be  expected  from  His  Britannic  Ma- 
jesty, be  it  with  forces  or  with  arms  and  ammunition 
to  a^  extent;  with  the  assurance  tiiat  the  views  of 
His  Britannic  Majesty  go  no  farther  than  to  secure  to 
them  their  independence." 


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14»8 


BiiBCH,  1818. 


Spankh,  Amariean  Prtmimcm^ 


H.orR. 


abetted  and  excited  a  revolutioa,  she  slioald  now 
attempt  to  reduce  the  colonies  to  UDconditionai 
sabmissioD,  or  should  make  war  upon  us  for  ac- 
knowledging that  indepeDdence  which  she  has 
herself  sought  to  establish  ? 

No  guarantee  for  the  conduct  of  nations  or  in- 
diridnals  ought  to  be  stronger  than  that  which 
honor  imposes;  but  for  those  who  would  put  no 
confidence  in  its  obligations,  he  had  an  argument 
to  urge  of  more  conclusiTe  force.  It  was  founded 
upon  the  interest  of  England.  Excluded  almost 
aa  she  is  from  the  Continent,  the  commerce  of 
America,  South  and  North,  is  worth  to  her  more 
than  the  commerce  of  the  residue  of  the  world. 
That,  to  all  Spanish  America,  had  been  alone 
estimated  at  fifteen  millions  sterling.  Its  aggre- 
nte  Talue  to  Spanish  America  and  the  United 
States  might  be  fairly  stated  at  upwards  of  one 
hundred  millions  of  dollars.  The  effect  of  a  war 
with  the  two  countries  would  be  to  divest  Eng- 
land of  this  ffreat  interest,  at  a  moment  when 
she  is  anxlousif  engaged  in  repairing  the  rarages 
of  the  European  war.  Looking  to  the  present 
moment  onlV,  and  merely  to  the  interesu  of 
commerce,  Bfngland  is  concerned  more  than  eren 
this  country  in  the  success  of  the  cause  of  inde- 
pendence in  Spanish  America.  The  reduction 
of  the  Spanish  power  in  America  has  been  the 
constant  and  iiiTorite  aim  of  her  policy  for  two 
centuries;  she  must  blot  out  her  whole  history; 
rererse  the  maxims  of  all  her  illustrious  states- 
men ;  eztinj^uish  the  spirit  of  commerce  which 
animates,  directs,  and  controls  all  her  movements, 
before  she  can  render  herself  accessary  to  the  sub* 
jogation  of  Spanish  America.  No  commercial 
advantages  which  Spain  might  offer  her  by  treatv 
could  possess  the  security  for  her  trade  which 
independence  would  communicate.  The  one 
would  be  most  probably  of  limited  duration,  and 
liable  to  violation  from  policy,  from  interest,  or 
from  caprice.  The  other  would  be  as  permanent 
as  that  independence.  That  he  did  not  mistake 
the  views  of  the  British  cabinet,  the  recent  proc- 
lamation of  the  Prince  Regent,  he  thought, 
proved.  The  Committee  would  remark  that  that 
document  did  not  describe  the  patriots  as  rebels 
or  insurgents,  but,  using  a  term  which  he  had  no 
doubt  had  been  well  weighed,  it  declared  the 
existence  of  a  ^  state  of  warfare."  And  with  re- 
gard to  Snfflish  subjects,  who  were  in  the  armieis 
of  Spain,  although  they  had  entered  the  service 
without  restriction  as  to  their  military  duties,  it 
required  that  they  should  not  take  part  against 
the  colonies.  The  subjects  of  England  freely 
supplied  the  patriots  with  arms  and  ammunition, 
and  an  honorable  friend  of  his  (Mr.  Johrsoii} 
had  just  received  a  letter  from  one  of  the  West 
India  islands,  suting  the  arrival  there,  from  Eng- 
land of  the  skeletons  of  three  regiments,  with 
many  of  the  men  to  fill  them,  destined  to  aid  the 
patriou.^  In  the  QnarftfHy  i?meip,  of  November 
last,  a  journal  devoted  to  the  Ministry,  and  a 
work  of  the  highest  authority,  as  it  respecu  their 
views,  the  policy  of  neutrality  is  declared  and 
supported  as  the  true  policy  of  England ;  and 
that,  even  if  the  United  States  were  to  uke  part 


in  the  war;  and  Spain  is  expressly  notified  that 
she  cannot  and  must  not  expect  aid  from  Eag^ 
land.*  In  the  case  of  the  struggle  between  Spam 
and  her  colonies,  England,  for  once  at  least,  had 
manifested  a  degree  of  wisdom  highly  deserving 
our  imitation,  but  unfortunately  the  very  reverse 
of  h^j  course  had  been  pursued  by  us.  She  had 
so  conducted,  by  operating  upon  the  hopes  of  the 
two  parties,  as  to  keep  on  the  best  terms  with 
both ;  to  enjoy  all  the  advantages  of  the  rich 
commerce  of  both.  We  had,  by  a  aeetrality  bill 
containing  unprecedented  features;  and  stiU 
more  by  a  late  EzecuUve  measure,  to  say  the 
least  of  it,  hi  doubtful  Constitutional  character, 
contrived  to  dissatisfy  both  parties.  We  had  the 
confidence  of  neither  Spain  nor  the  colonfes. 

Mr.  C.  said,  it  remained  for  htm  to  defend  the 
proposition  which  he  meant  to  submit,  from  an 
objecuon  whkh  he  had  heard  intimated,  that  it 
interfered  with  the  duties  assigned  to  the  Bxeen- 
tive  branch.  On  this  subject  he  felt  the  greetest 
solicitation;  for  no  man  mote  than  himself  re- 

rted  the  preservation  of  the  independence  of 
several  departments  of  Qovemmeat,  in  the 
Consututional  orbits  which  were  prescribed  to 
them.  It  was  his  favorite  maxim  that  each,  aet- 
H^S  within  iu  proper  sphere,  should  move  with 
Its  Constitutional  independence,  and  under  its 
Constitutional  responsibility,  without  influ«ice 
from  any  other.  He  was  perfectly  await,  Chat 
the  Constitution  of  the  United  States,  and  he 
admitted  the  proposition,  in  its  broadk^t  tense, 
confided  to  the  Executive  the  reception,  and  the 


'"In  arguing,  therefore,  for  the  advantages  of  a 
strict  neutrality,  we  must  enter  an  early  protest  against 
any  imputatioDs  of  hostility  to  the  cause  of  genuine 
fi'eedom,  or  of  any  passion  for  despotism  and  the  in- 
quisition. We  are  no  more  the  panegyrists  of  legiti- 
mate aufhoiity  in  all  times,  circumstanoes,  and  situa- 
tions, than  we  are  advocates  for  revolution  in  the  ab- 
stract,'' dtc  «*  But  it  has  been  plausibly  asserted, 
that  by  abstaining  firom  iaterfeieiice  hi  the  affiurs  of 
Seuth  America  we  are  suireodering  to  the  United 
States  all  the  advantages  which  nught  be  seemed  to 
ourselves  from  this  revolution ;  tiiat  we  are  alMisting  to 
increase  the  trade  and  power  of  a  nation  which  alooe 
can  ever  be  the  maritime  rival  of  England.  It  appeal* 
to  us  eztreiaely  doubtful  whether  any  advantMe»  eoai» 
merdal  or  political,  can  be  lost  to  ^"gUtnd  by  a  neu- 
tral conduct;  and  it  must  be  observed  that  the  United 
States  themselves  have  given  oTezy  public  proof  of 
their  intention  to  pmsue  the  same  line  of  policy.  Bnt^ 
admitting  that  this  conduct  is  nothing  more  than  a 
decent  pretext ;  or  admitting,  still  fiirther,  that  they 
win  afibrd  to  the  independents  direct  and  open  assist- 
ance, our  view  of  the  case  would  remain  precisely  the 
same,"  Ac.  **  To  persevere  in  force  unaided,  is  to  mis- 
calculate hn  (SpiSn's)  own  resources^  even  to  hifatu- 
ation*  To  expect  the  aid  of  an  ally  hi  such  a  cause 
would,  if  that  al^  were  England,  be  to  suppose  this 
count]^  ss  forgetml  of  its  own  past  history  as  ef  its 
immediate  interests  and  duties.  Far  better  would  it 
be  for.49pain,  instead  of  calling  for  our  aid,  to  profit  by 
our  experience;  and  to  substitute,  ere  it  be  too  late, 
ibr  eflbrts  like  those  by  which  the  North  AaMfkan 
colonies  were  lost  to  this  countiy,  the  conciliatory 
messures  by  which  they  might  have  been  retained." 


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JlMMI'ICldM  r^^WMOW* 


Makob,  1810. 


dtpvUtioa  of  MJBtsieffs.  Bat  in  roUUoB  to  tbe 
latter  openttioo,  CoBgr«M  bad  a  eoneiirreiit  will 
in  tbe  powtr  of  proTiduig  for  tbe  payment  of 
tbeir  •aJaries.  Tbe  instnimsat  nowbere  said,  or 
iflnplied,  tbat  tbe  EzeoQtife  act  of  seodiag  a 
Miokter  to  a  foreign  country  tboold  preeede  tbe 
kfislatire  act  wbicb  Bball  proride  for  tbe  pay- 
ment of  kis  salary.  And,  in  point  of  foot,  oor 
statatory  code  was  fall  of  emmples  of  legislatire 
aotioB  prier  to  EzacntiTe  aetien,  both  in  relation 
to  tbe  deputation  of  a^ente  abroad,  and  to  tbe 
snbjeotHBatter  of  treaties.  Porbaps  tbe  aet  of 
sendiAg  a  Minasier  abroad,  and  tbe  act  providing 
for  tbe  allowanoe  of  kis  salary  ougbt  to  be  sim- 
qIumoos;  bat  if,  in  tbe  order  of  precedence, 
tbere  were  more  reason  on  tbe  one  side  tban  on 
Ibe  otber.  be  tbovgbt  it  was  in  faTor  of  tbe  pri- 
ority of  tbe  lemslative  act,  as  tbe  safer  deposiianr 
of  power.  Wben  a  Minister  is  seat  abroad,  at 
tbavif  b  tbe  Legislature  may  be  disposed  to  tbink 
lUs  mission  useless,  altbongb,  if  previously  con^ 
suited,  tiiey  would  bare  taid  tbey  woqM  not  con- 
sent to  pay  sBcb  a  Minister,  tbe  doty  is  delicate 
and  painful  to  refuse  to  pay  tbe  salary  promised 
10  bim  wbom  ibe  Ezecutiye  bas  even  unneees- 
sariiT  sent  abroad.    Mr.  C.  illustrated  bis  ideas 

Sr  Ibe  eiisting  missions  to  Sweden  and  to  tbe 
etberladids.  He  bad  no  hesitation  in  saying, 
tbal  i(  we  bad  not  Ministers  of  tbe  first  ^ade 
tbere,  and  if  tbe  Legislature  were  asked,  prior  to 
seadiag  tbem,  wbetber  it  would  consent  to  pay 
Ministers  of  tbat  grade,  tbat  be  would  aot,  sod  be 
belief  ed  Congress  would  not,  consent  to  pay  tbem. 
If  it  be  uryed  tbat,  by  arowinf  our  wiliiDgoess, 
in  a  legislatire  act,  to  pay  a  Minister  not  yet 
sent,  and  whom  tbe  President  may  tbink  it  im- 
proper to  send  abroad,  we  operate  upon  tbe  Pres^ 
ident  by  all  tbe  force  of  our  opinions  it  may  be 
retorted  tbat  wben  we  are  called  upon  to  pay 
any  Minister,  jent  under  sinular  eircumsianoes, 
we  are  op«rated  u  pon  by  all  tbe  force  of  tbe  Pko- 
ident's  opinion.  Tbo  true  tbeory  elf  our  Gk>vern» 
maat  at  least  supposes  ymt  eacb  of  tkf  two  do- 
pattmanis.  nciinf  on  its  proper  Conatitniieual 
MMOBiibilky,  will  deeida  ueoonHng  to  its  best 
Indgmeni,  under  all  tbe  Of  rourostanoes  of  tbe  case. 
Mwe  ms(ke  tbo  pretiouo  appropriaiioo,  we  aet 
ufou  UMr  Constitutional  reBfNMistbiifty,  and  tbe 
PMsideuc  alUrwards  will  proceed  tipon  bis.  And 
so  if  he  make  tbe  prerious  appointment.  We 
bare  a  rtgbt  aAer  a  Minister  is  sent  abroad,  and 
we  are  caTlea  upon  to  pay  bim,  and  we  ougbt  to 
deliberate  upon  tbe  propriety  of  bis  mission — we 
mav  and  ougbt  to  grant  or  withhold  his  sali^. 
If  this  power  of  deliberation  is  eonceded  subse- 
quent to  tbe  deputation  of  tbe  Minister,  it  must 
exist  prior  to  tbat  depuutioo.  Whenever  we  so 
deliberate,  we  deliberate  under  our  Constitutional 
responsibility*  Pass  tbe  amendment  be  proposed, 
and  it  would  be  passed  under  tbat  responsibility. 
Then  ibe  President,  when  bo  deliberated  on  tbe 
propriety  of  tbe  mission,  would  aot  under  bis 
Cottstitutional  responsibility,  fiaeb  branch  of 
Qerernment,  moring  in  its  proper  sphere,  would 
aot  with  as  much  freedom  for  the  influence  of  the 
,  other  as  was  practically  attainable. 


Tbere  was  great  reason,  Mr.  C.  contended, 
from  the  peculiar  character  of  the  American 
Qovernment,  in  tbere  being  a  perfect  understand- 
ing between  tbe  legislatire  and  Executive  branch- 
es, in  relation  to  the  acknowledgment  of  a  new 
Power.  Bverywbereelse  tbe  power  of  dedaring 
war  resided  with  tbe  Executive.  Here  it  wis 
deposited  with  the  Legislature.  If,  contrary  to 
bis  opinion,  tbere  were  even  a  risk  tbat  tbe  ac- 
knowledgment of  a  new  State  might  lead  to  war, 
it  was  advisable  tbat  tbe  step  should  not  be 
taken,  without  a  previous  knowledge  of  tbe  will 
of  the  war-msking  branch.  He  was  disposed  to 
give  to  the  President  all  tbe  confidence  which  be 
most  derive  from  tbe  unequivocal  expression  of 
our  will.  This  expression  be  knew  might  be 
given  in  tbe  form  of  an  abstract  resolution,  de- 
claratory of  tbat  will ;  but  he  preferred^  at  this 
timf,  proposing  an  act  of  practical  legislation. 
And  if  be  had  been  so  fortunate  as  to  communi- 
cate to  tbe  Committee,  in  aoytbing  like  tbat  de- 
gree of  strength  in  which  be  entertained  themi, 
the  convictions  tbat  tbe  cause  of  tbe  patriots  was 
just  j  tbat  tbe  character  of  the  war,  as  waged  by 
Spain,  sbonld  induce  us  to  wish  them  success; 
that  we  had  a  great  interest  in  tbat  success ;  that 
this  interest,  as  well  as  our  neutral  attitude,  re- 
quired 08  to  acknowledge  any  established  Qor- 
ernmeot  in  Spanish  America;  that  the  united 
provinces  of  the  river  Plata  was  such  a  Govern- 
ment ;  tbat  we  might  safely  acknowledge  its  in- 
dependence, without  danger  of  war  from  Spain, 
from  tbe  allies,  or  from  England ;  and  tbat,  with- 
out unconstitutiooal  interference  with  tbe  Exec- 
utive power,  with  peculiar  fitness,  we  might  ec- 
press,  in  an  act  of  appropriation,  our  sentiments, 
leaving  him  to  the  exercise  of  a  just  and  respon- 
sible discretion,  he  hoped  the  Committee  would 
adopt  the  proposition  which' lie  now  had  tbe 
honor  of  presenting  to  them,  after  a  respectful 
teader  of  bis  acknowledgments  for  their  attention 
and  kindness,  during,  he  feared,  the  tedious  pe- 
riod be  bad  been  so  unprofitably  trespassing  upon 
their  patience.  He  offered  the  following  amensl- 
ment  to  the  bill: 

**  For  one  year's  salary,  and  an  outfit  to  a  Minister 
to  the  United  Pronnces  of  ths  Rio  de  la  nsta,  tlie 
sslmiy  to  commence,  and  tbe  outfit  to  be  paid  arhen- 
erer  the  President  shall  deem  it  expedient  to  send  a 
Minister  to  tbe  said  United  Phmnce%  a  enm  not  ok* 
ceediag  eigbteoi  thousand  doHars." 

When  Mr.  Clat  bad  concluded, 

Mr.  FoBSYTH  said,  tbat  before  entering  into 
the  examination  of  the  subject  before  tbe  Com- 
mittee, he  would  detain  tbem  for  a  moment  by 
a  remark  or  two  on  a  suggestion  that  had  follea 
from  the  Speaker,  so  remotely  connected  with 
tbe  question,  that  be  should  probably  forget  it  if 
he  omitted  to  notice  it  then.  It  had  b^n  said 
tbat  Ministers  were  sent  from  the  United  States 
to  all  the  crowned  beads  in  Europe  who  bad 
Ministers  here,  A  Charge  d'Aflaires  to  tbe  Uni- 
ted States  was  reciprocated  by  a  Minister  Plen- 
ipotentiary to  tbe  Court  from  whence  he  camCi 
and  the  Cfourts  of  Sweden,  Holland,  and  Prussia^ 
bad  been  particularly  named.    The  last  is  one 


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H.ofR. 


to  ^rhitii «  MiBlfter  wts  expeet«d  to  be  sent,  par- 
tienlar  iBAMrmatioQ  of  wbich  fact  Mr.  F.  was 
topiNMed  to  ponett.  But  for  this  personal  alia- 
sioii  ko  shoald  not  bare  ielt  bimselr  eompelled  to 
rofer  to  this  tol^eet  .[Mr.  Clay  explained.]  Mr. 
F.  miderstood  perfeetlj  well  tbat  there  was  no 
QttfrieBdlf  spirit  in  the  remark,  it  was  ao  allasion 
to  an  t?ent  whieh  was  eipeeted  to  occur,  but 
vpofi  what  foaadalion  he  bad  been  at  a  loss  to 
eoDJeetare.  Certain  it  was,  be  had  no  intima- 
tioa  that  this  or  any  other  diplomatic  appoint-^ 
■Mat  wo»ld  be  offnred  to  him,  and  it  was  equall]r 
eeriaia  that  he  had  not  solicited  any.  An  idle 
raaoff  was  ia  circnlatioa  tbat  he  was  to  be  sent 
abroad^  where,  the  persons  circolating  it,  had  not 
detarmtned.  He  hoped  to  be  consulted  as  to  the 
flaoe  of  exile,  whea  ne  was  to  be  sent  into  hon- 
orable banishment.  The  Administration  bad  not. 
ho  believed,  determined  to  send  a  Minister  to 
Fraasia.  of  aajr  grade.  There  was  a  mistake  as 
to  the  net.  in  the  ease  of  Holland.  The  Cbr- 
onmoot  of  the  Netherlands  had  sent  a  Minister 
of  the  flrtr  grade  to  the  United  States,  befbre  Mr. 
Svacis  went  to  the  Hague.  At  present  there  was 
ooly  a  Charg6  here,  and  it  was  altogether  prob- 
iMe  tbat  the  interest  of  the  United  States  would 
sot  require  a  representatire  of  a  different  char- 
aeter  ia  the  Netherlands.  The  appointments  to 
Ae  Hague  and  to  Sweden,  bad  been  made  by 
Mr.  Madison,  under  circumstances  requiring 
thorn. '  With  regard  to  Sweden,  the  motive  for 
the  original  appointment  was  well  known.  It 
woe  uMide  at  a  period  when,  from  the  peculiar 
aitiiatioQ  ^of  Europe,  Sweden  was  an  important 
Power.  She  was  the  key-stone  of  the  arch  of 
the  great  ooafederation  against  France,  and  it 
was  part  of  our  policy  at  that  period  to  stand  well 
with  aJi  the  Powers  m  the  north  of  Europe.  The 
restoration  of  peace  certainly  rendered  this  mis- 
sion of  minor  importance ;  and  when  the  Minis- 
ter of  the  United  States  came  home,  it  was  not 
Sieeted  that  he  would  acain  return  to  fix  his 
eial  residence  at  Stockholm.  Why  he  re- 
mmed  to  Sweden  was  as  wellJniown  to  the  hon- 
oraUa  Speaker  as  to  any  member  of  the  House. 
Mr.  F  was  eoafideat  that  he  would  not  remtin 
ttiate. 

Was  the  importance  of  the  amendment  pro- 
posed to  be  esdmated  by  the  interest  it  excited, 
mad  the  extraordinary  manner  in  which  it  had 
boon  presented^  few  subjects  of  equal  magniifude 
bad  e?er  been  submitted  to  the  decision  of  the 
Natiooai  Legislature.  Tbat  the  deep  interest 
fok  ia  the  fate  of  the  measure,  was  not  confined 
to  those  who  were  to  decide  upon  it,  was  appa- 
rent from  the  crowded  benches  of  the  Hall  and 
the  orerflowing  gallerv.  For  ourselves,  the 
Throoo  of  Gksee  had  been  that  morning  ad- 
dressed to  purify  our  hearts  and  enlighten  our 
Uttderstaodings  for  its  correct  decision.  Every 
oae  most  be  struck  by  the  whimsical  contrast 
between  the  real  and  factitious  importance  of  the 
proposition.  To  judge  from  the  extraordinary 
exertions  of  the  Speaker,  from  the  ground  over 
whieh  he  travelled  and  the  variety  of  objects 
noticed  by  him,  it  would  seem  he  believed  it 


worthy  of  tife  exertions  of  all  his  industry,  abil- 
ity, and  enthusiasm — that  the  freedom  and  hap- 
piness of  eighteen  millions  of  people  were,  in 
truth,  involved  in  its  decision.  Mr.  F.  had  ia  vain 
'tasked  his  imagination  to  discover  that  such  con- 
sequences could  follow  from  it.  He  could  not 
perceive  the  miraculons  influence  of  appropriat- 
ing eighteen  thousand  dollars  for  an  outfit  and , 
salary  for  a  Minister  to  La  Plata,  to  commence' 
when,  in  the  discretion  of  the  President,  a  Min- 
ister should  be  sent  to  that  Government.  All 
the  facts  stated  by  the  Speaker  might  be  admit- 
ted, the  arguments  founded  upon  them  might  be 
considered  as  conclusive,  stili  the  amendment 
proposed  ought  not  to  be  adopted.  How  obvious, 
then,  must  l^  the  propriety  of  rejecting  it,  when 
the  facts  were  disputable  and  the  reasoning  incon- 
clusive. Admitting  the  independence  of  La 
Plata  to  be  established ;  that  it  was  the  right  and 
the  duty  of  the  United  States  to  recognise  that 
independence ;  that  war  with  Spain  or  any  other 
Power  would  not  follow ;  that  our  interest  and 
our  honof'  required  this  step  to  be  taken — still  the 
amendment  ought  to  be  rejected.  If  recognition  is 
made,  it  is  to  be  done  in  the  United  States.  We 
are  to  acknowledge  their  Independence ;  to  send 
a  Minister  to  La  Plata  is  to  ask  them  to  acknow- 
ledge ours.  A  Minister  must  be  sent  to,  and  ac- 
credited by  this  GK)vemment.  It  had  not  as  yet 
appeared  tbat  the  Qovernment  of  La  Plata  de- 
sired or  expected  us  to  make  such  an  acknowledg- 
ment ;  at  least  no  one  with  requisite  authority 
was  known  to  have  been  sent  to  this  country  for 
the  purpose  of  asking  such  a  favor.  Another 
objection,  not  less  obvious,  was  presented  by  the 
Constitutional  division  of  the  powers  of  the  Qov- 
ernment. Heretofore  the  President  and  Senate 
were  left  to  the  exclusive  management  of  the 
foreign  intercourse  of  the  United  States.  Min- 
isters were  received  from  other  Powers,  and  sent 
from  this  country  to  other  Qovernments,  with 
whom  political  or  commercial  interest  required 
us  to  negotiate,  and  the  House  of  Representa- 
tives coatented  itself  with  its  Constitutional 
cheek  upon  the  eiercise  of  this  authority;  satis- 
fied tbat  they  could  at  all  times  prevent  its  im- 
provident exertion  by  withholding  appropriations 
from  those  missions,  the  public  interest  did  not 
require.  This,  however,  proposes  a  new  system  | 
this  House,  instead  of  checking,  is  nude  to  stim- 
ulate the  Executive  to  a  further  extension  of 
its  patronage.  This  new  system  miight  have  its 
coaveniency,  but  these  would  be  found  on  exam- 
ination to  be  personal  conveniences  to  aspiring 
and  designing  members  of  the  Legislative  body, 
at  the  expense  of  the  general  welfare.  The  sug- 
gestion that,  under  the  present  extraordinary  cir- 
cumstances of  the  world,  the  expression  of  the 
public  opinion  by  the  Kepresentatives  of  the 
people  ought  to  precede  the  movements  of  the 
Executive,  was  not  entitled  to  the  weight  which 
was  given  to  it.  The  President  does  not  require 
to  be  told  that  the  Representatives  of  the  people 
who  selected  him  to  preside  over  their  Gbvern- 
ment,  are  prepared  at  all  times,  and  at  everv  haz- 
ard, to  do  their  duty.    He  dare  not  doubt  that  he 


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ILuiCH,-181S. 


wilt  be  sapported  in  erery  nieftsur«'  the  interest 
and  honor  of  the  nation  require  him  to  adopt. 
Were  it  really  true  that  the  Executire  Magis- 
trate had  discovered  a  criminal  indifference  on 
this  subject,  Mr.  F.  said  he  would  be  among  the 
most  eager  to  express  such  an  opinion  in  the  only 
form  in  which  an  opinion  could  be  expressed,  by 
a  resolution  of  the  House — boldly  and  openly 
declaring  its  dislike  of  the  course  which  had  been 
pursued,and  recommending  the  necessary  change. 
The  amendment  to  an  appropriation  bill  in  the 
formjpro]x>sed  did  not  convey  such  an  opinion. 
The  President  might  conjecture  that  such  was 
the  intention  of  the  Legislature ;  yet,  even  while 
forming  this  conjecture,  it  would  be  necessary  for 
him  to  look  beyond  the  act  to  the  motives  as- 
signed to  those  who  advocated  it.  As  a  measure 
of  ordinary  policy  the  proposition  was  inadmis- 
sible: as  an  extraordinary  measure  it  was  inde- 
fensible. It  was  recommended  as  a  bold,  inde- 
pendent, manly  expression  of  the  public  senti- 
ment, pheinff  the  Hous^  of  Representatives  in 
the  front  rank  in  the  march  of  the  Gk>vernmeot 
on  a  dangerous  and  untried  field ;  it  was.  in  reali- 
ty, unmeaning  and  insignificant  in  its  character; 
and  while  it  proceeds  by  hinting  to  the  President 
the  course  be  should  pursue,  it  warily  shelters 
the  House  from  all  responsibility  for  the  conse- 
quences behind  the  Executive  discretion.  If  our 
interference  is  neceesary,  let  us  act  efieetually ; 
.marking  the  steps  necessary  to  be  taken,  and  ta- 
king the  responsibility  for  the  result— claiming 
all  the  honor,  and  bearing  all  the  disaster.  Let 
us  not  at  least  pretend  to  five  the  Executive  a 
discretion  already  possessed,  thus  diminishing  his 
resjponsibility  without  adding  to  our  own. 

Mr.  F*  could  not  but  remark  an  apparent  con- 
tradiction in  the  address  of  the  Speaker  on  this 
subject  of  the  declaration,  made  a  few  days  since 
in  a  discussion  of  the  bill  reported  by  the  Com- 
mittee on  Foreign  Relations.  He  had  censured 
with  much  asperity  the  patience  discovered  by 
the  Government  in  its  correspondence  with  the 
Spanish  Minister,  and  thanked  his  Qod  that  he 
did  not  possess  that  Job*like  attribute.  In  the  ad- 
dress of  yesterday  we  were  told  that  he  was  op< 
posed  to  war  with  Spain— would  do  no  net  which 
would  give  her  just  cause  of  war — would  not 
violently  seixe  any  of  her  possessions.  It  would 
seem  that,  impatient  as  the  honorable  Speaker 
majr  be  at  the  situation  of  the  dispute  with  Spain, 
he  is  not  disposed  to  do  any  act  calculated  to 
bring  it  to  an  immediate  determination.  The 
difference  between  the  Administration  and  him- 
self^ is,  that  they  would  wait  with  patience,  and 
he  impatiently,  the  change  in  the  Spanish  coun- 
cils. The  honorable  gentleman  would  pardon 
the  notice  of  a  species  of  inconsistency  in  the 
course  he  wished  to  pursue.  He  believed  that 
Spain  ought  to  be  pressed ;  that  the  moment  was 
peculiarly  fortunate,  and  ought  not  to  be  lost. 
How  was  this  pressing  to  be  made?  By  argu- 
ment? That  had  been  tried  in  vain.  Certainly 
not.  By  threau  never  intended  to  be  executed  ? 
The  character  of  the  Speaker  forbids  such  a  sup- 
position.   Not  by  war ;  that  had  been  diKlaimed. 


Not  by  any  means  that  would  gire  Spain  j«eti> 
fiable  cause  of  war.  These  also  had  been  reieet- 
ed.  It  was  difficult  to  imagine  how  the  object 
was  to  be  accomplished,  unless  a  subsequent  sof* 
gestion  furnished  a  key  to  the  mystery.  H« 
would  take  the  step  in  relation  to  the  Spanisk 
colonies,  we  might  rightfully  take,  and  leare 
Spain  to  do  as  she  thought  proper.  If  she  eon* 
tinned  to  refuse  to  do  us  justice,  the  important 
question  of  peace  or  war  was  then  to  be  decided. 
If  Mr.  F.  understood  the  policy  recommended,  it 
was  to  do  rightfully  all  we  could  to  tempt  Spaiai 
to  declare  war  against  us ;  and  if  we  failed  in  all 
these,  then  we  would  declare  war  against  Spain. 
Thus,  while  disclaiming  all  idea  of  war,  the 
Speaker  looked  constantly  to  that  issue.  The 
sources  of  temptation  were  in  the  dispute  with 
her  colonies;  we  were  first  to  recognise  then, 
what  follows  is  easily  foreseen*  The  motive  for 
this  abandonment  of  our  own  quarrel,  to  engage 
in  war  on  accoont  of  the  Spanish  Afieriean  gov- 
ernments, was  the  apprehension;  if  we  movei 
in  our  own  case,  we  should  be  justly  charged  witk 
a  thirst  of  affgrn^dizementr-expite  the  jealoaty. 
perhaps  the  hostility,  of  some  other  Power,  and 
enjoy  the  sympathy  of  none.  If  an  interferenoe 
with  Spanish  affairs  is  the  ground  of  dispute,  we 
shall  have  the  sympathies  of  the  world  on  our  aidot 
and  excite  neither  jealousy  nor  hostility  in  any  of 
the  nations  of  Europe.  Mr.  F.  believed,  with  the 
Speaker,  that  the  present  was  an  auspicious  mo- 
ment for  a  settlement  of  the  Spanish  controversy  ; 
that  it  ought  not  to  be  suiEsred  to  escape,  fie 
was  not  for  war,  but  for  such  a  movement,  in  oer 
own  dispute,  as  would  place  the  means  of  indem- 
nity in  our  possession,  as  should  enable  the  Qor- 
ernment  to  do  justice  to  its  injured  citizens, 
whatever  might  be  the  future  condition  of  the 
Spanish  monarchy.  It  was  war  if  Spain  choose 
to  consider  it  so ;  it  was  short  of  war  if  she  de- 
sired to  remain  at  peace.  The  jealousy  or  hos- 
tility of  foreign  Powers  could  not  be  reasonably 
excited  by  such  a  course.  Sympathy  was  out  of 
the  question.  No  Ejoropean  Government  felt  it 
for  the  United  States :  they  do  not  fear  our  power, 
but  they  dread  our  example ;  they  do  not  appro* 
hend  danger  from  our  physical  strength,  but 
tremble  at  the  moral  influence  of  our  institutions. 
The  course  of  the  Speaker  was  the  one  best  cei- 
culated  to  excite  all  their  jealousies  and  hostiU* 
ties ;  to  confirm  an  >  idea,  opain  had  been  at  aU 
times  exerting  herself  to  enforce,  that  we  were 
the  cause  of  the  disturbances  in  her  possessioBSi 
the  aiders  and  abettors  of  her  revolting  «abject*| 
and  on  ail  occasions  ready  to  sow  discord  among 
the  subjjecu  of  Princes,  and  to  jeopardixe  the 
safety  of  the  colonial  dependencies  of  European 
Powers.  War  with  Spain  was  no  bucbear  to 
him ;  but,  if  it  was  commenced,  it  shoiud  be  in 
our  own  quarreL  and  should  not  be  mixed  with 
baser  matter.  The  Administration  occupied  the 
middle  ground  between  the  Speaker  and  himself 
probably  the  safest  and  most  congenial  to  the 
wishes  and  the  interests  of  the  people.  There 
was  one  point  on  which  there  would  be  no  dia- 
pute  between  them;  the  policy  of  the  Gover«- 


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1601 


IObch,  181& 


S^ptmM  Amme^m>  PrwmuB^ 


H.orR* 


meat  was  by  each  of  them  preierred  to  the  policy 
reeommeAded  by  the  other.  Mr.  F.  was.  how- 
ever, justified,  by  the  opioioD  of  the  Speaker,  io 
belieying  that  a  war  would  not  be  the  coosequeoce 
or  either  project.  "  Spain  would  not,  and  could 
not,  declare  war  against  us,  from  the  state  of  her 
finances,  aod  the  ruin  of  her  resources.''  The 
wisdom  of  the  two  plans  was,  therefore,  \o  be 
tested  by  the  benefits  which  we  would  or  should 
derive  from  comjilete  success,  without  the  hazard 
of  a  contest  for  either. 

The  amendment  was  advocated  as  a  recogni- 
tion  of  the  independence  of  La  Plata.    The  ar- 

8ument  of  the  honorable  mover  was  directed  to 
lis  point;  and  Mr.  F.  was  well  aware  that  one 
question  was  frequently  arffued,  and  another  de- 
cided, and  that  the  vote  on  the  decision  was  some^ 
times  determined  on  the  meriu  of  the  question 
discussed.  Considering  it  as  an  open  proposition 
to  recognise,  he  was  content  to  meet  it,  and'  that 
it  should  succeed  or  fail  on  the  propriety  of  refu- 
ting or  making  an  immediate  recognition.  Where 
was  the  motive  for  this  step  ?  What  beneficial 
consequences  will  flow  from  it  to  La  Plata  or  the 
United  States?  What  benefits,  commercial  or 
political,  will  accrue  ?  The  commerce  between 
the  people  of  this  Qovernment  and  that  of  the 
revolutionary  La  Plata,  was  free  and  unresuained. 
Our  citizens  eigoyed  all  that  theyaskedin  theporu 
of  Buenos  Ay  vea,  and  the  people  of  La  Plata  were 
adxnilted  to  all  the  rij^hu  aiM  hospitalities  that 
ate  shown  to  any  foreigners  in  the  waters  of  the 
United  States.  ArmS)  ammunition,  all  the  pro- 
duet  of  ottf  agciouiture  and  industry,  that  their 
waats  may  req«ire,  ate  freelv  piifdMaed  and 
uanaported  in  their  own  or  American  vessels, 
without  debkj  or  molestation.  Their  vessels, 
aimed  and  equipped  for  war,  are  admitted  with- 
out scruple  into  our  ports  and  treated  with  a  kind- 
ness they  have  but  too  frequently  abused.  Are 
there  any  important  political  results  to  proceed 
ftom  this  step  to  either  party  ?  To  us  there  cer- 
tainly are  none ;  to  them  the  only  possible  ad- 
Timtaee  would  be  the  probability  that  our  example 
would  be  followed  by  the  rest  of  the  world.  Mr. 
F.  spoke  on  the  suopoaition  that  ne  war  with 
Spam  was  produced  by  this  act.  Our  recognition 
was  beuer.  calculated  to  ezcixe  the  jealousy  and 
prejudice  of  des^tie  Qov«ni  meats  against  this 
a^w  Power,  than  to  prodoee  a  similar  recognition 
m  their  chums  to  a  place  in  the  family  of  natioBs ; 
batter  calculated  to  produce  a  eombinatiea  oC 
fbaMtic  power,  \o  their  rain,  than  a  friendly  aid 
m  the  acoompiiskmetti  of  t^eir  indepeiidence* 
Thu  aoknowledgmeat  was  useless  te  them  palk- 
ImUj  and  commercially.  All  the  practical  ben- 
efts  arising  from  it,  were  enjoyed  so  long  as  we 
eobstdered  their  independence  as  existing  witfa- 
cmt  pronouncing  a  decision  upon  that  point  dis- 
puted by  them  with  Spain.  Where  was  the 
motive  to  be  found  to  justify  this  improvident 
hurry  to  the  useless  acknowledgment  of  a  Qovem* 
ment  whose  independence  depended  wholly  upon 
itaown  exertions?  That  could  not  be  aided  in 
its  ^rnpess  by  suah  a  dedaraiion^  upWss  aceoo- 
paniadiby  substtmtial a^d )  aaaid  even  the  saugvioe 
15th  Con.  Ist  Sbss. — 48 


gentleman  from  Kentucky  did  not  propose  to 
give.  It  was  said,  however,  that  we  ought  to  be 
tne  first  to  acknowledge  a  sister  Republic.  If  we 
did  not  who  would  %  With  more  than  ordinary 
diligence,  Mr.  F.  had  endeavored  to  find  the  free- 
dom and  liberality  in  the  frame  and  institutions 
of  this  new  Qovernment,  which  would  entitle  it 
to  this  name.  He  had  sought  for  them  in  vain* 
There  was  a  Congress  aod  a  Supreme  Director ; 
a  Con^ss,  the  Speaker  has  said,  chosen  some* 
what  like  our  own.  Mr.  F.  would  have  rejoiced 
to  learn  in  what  this  resemblance  consisted.  If 
the  Congress  were  chosen  by  the  people,  he  had 
been  deceived  by  the  Outline  of  the  Revolution 
in  Spanish  America ;  a  work  to  which  he  refer* 
red  on  the  recommendation  of  the  Speaker.  The 
sole  resemblance  was  in  name.  The  Governmem 
of  La  Plata  was  a  military  despotisin,  like  the 
Republic  of  France  in  the  days  of  the  Coasulatsw 
but  destitute  of  its  order,  strength,  and  stability.  It 
the  resemblance  was  perfect,  and  the  Government 
and  people  of  La  Plata  worthv  to  be  ranked  by 
our  side  in  the  community  or  nations,  still  thin 
inutility  of  such  an  acknowledgment  is  a  satis*^ 
&ctory  reason  for  refraining  from  it. 

Mr.  FoBSYTH  thouffht  he  might  safely  leav« 
the  question  to  the  judgment  of  the  Committee^ 
after  showing  that  the  most  powerful  reeommen* 
dations  of  the  amendment  were,  that  it  was  un- 
meaning and  harmless.  But  he  considered  it  a 
duty  to  examine  more  at  large  the  various  in* 
duoements  oflered  by  the  Speaker  to  insure  its 
success.  Mr.  F.  knew  and  felt  the  dancer  to 
which  he  exposed  himself  by  this  oourse-^that  he 
would  be  assailed  as  an  enemy  to  liberty,  dbc^ 
Exertions  had  been  made  to  prepare  the  public 
mind  for  such  impressions  against  all  those  who 
thought  with  him  on  this  subject.  Notice  had 
been  given  from  this  city,  and  was  now  ringing 
through  the  Western  country,  that  questions 
were  to  be  broneht  into  view^  by  whose  decision 
the  people  would  be  able  to  discriminate  between 
those  who  were  just  and  unjust  to  the  patriot 
eause^between  the  friends  and  the  enemies  of 
freedom.  Such  considerations  had  no  influence 
upon  his  conduct.  He  who  was  deterred  by  an- 
ticipated censure,  or  threatened  calumny,  Crona 
the  performance  of  any  duty,  was  not  worthy  ta 
represent  a  free  peopk — to  preside  even  in  the 
most  subordinate  sphere  over  the  movements  of 
a  mighty  empire,  Careless  of  the  motives  whiab 
might  be  imputed  to  him,  he  should  proeeed  to* 
show  that  the  Speaker  had  offered  no  siAcient 
inducement  to  justify  his  proposal  in  the  originy 
progress,  or  character,  of  the  revolution  in  Span* 
ish  America ;  that  it  is  not  demanded  by  our  com- 
mercial or  political  interest  in  th^  great  struggla 
between  Spain  and  her  former  dependencies;  that 
while  he  admitted  it  was  the  right  of  the  Uniud 
States,  it  was  not  a  duty  to  recognise  the  new 
Government ;  that  it  could  not  be  done  without 
the  danger  of  war  with  Spain;  and  that  it  was 
not  sufficiently  demonstrated  that  Buenos  Ayaes 
had  established,  and  would  mainuin,  a  free  aod 
iiulepttdent  Qovernmenu  In  tracing  the  origtu 
of  the  revolution,  the  Speaker  had  carried  us 


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HISTOET  Of  CONGEESS. 


1608 


H.  or  R. 


SpanUh  American  Ptr^trincee. 


Maeoh,  1618. 


btek  to  the  first  inrasioo  of  Mexico  and  Peru,  to 
the  days  of  Cortez  and  Pizarro,  of  Montezuma 
and  Atahualpa.  From  that  period  be  had  ^iven 
a  faint  outline  of  the  cruel,  selfish,  monopolizing, 
and  debasing  policy  of  Spain  to  her  American 
dependencies — foreign  and  inter-colonial  inter- 
course forbidden  to  h^r  subjects  in  those  magnifi- 
cent and  fertile  regions  of  tne  earth ;  the  pursuits 
of  agriculture  directed  by  the  narrow  policy  of 
an  unjust  Gorernment ;  the  soul  itself  debased 
to  the  purposes  of  oppression  by  municipal  regu- 
lation. It  was  a  gloomy  picture  of  a  sad  reality ; 
a  faithful  representation  of  nature,  drawn  by  a 
master's  hand.  The  policy  was  but  too  truly 
characterized,  and  its  success  was  as  complete 
as  its  character  was  atrocious.  It  had  oeen 
pursued  with  undeviating  steadiness,  until  the 
horrible  contrast  was  exhibited  of  a  people  the 
most  debased,  in  the  midst  of  the  fairest  re- 
gions of  the  globe ;  man,  the  master-work  of  cre- 
ation, with  intellect  enerrated  by  despotism,  and 
aottl  withered  by  superstition,  surrounded  by  the 
most  sublime  and  stupendous'  monuments  of  in- 
animated  nature.  Was  the  origin  of  the  re?ola- 
tion  to  be  found  in  this  systematic  oppression  ? 
It  would  be  looked  for  here  in  vain.  To  use  the 
language  of  the  Speaker.  Spain  would  ha?e  suc- 
ceded  in  continuing  this  system  but  for  the 
transactions  of  Bayonne.  The  puerile  ambition 
of  Napoleon  was  the  foundation  of  the  South 
American  struggle.  The  Old  World  was  con- 
Tulsed ;  eighteen  millions  of  people  were  agitated 
in  the  new,  by  his  childish  desire  to  have  a  King 
of  the  new  dynasty  on  the  throne  of  Spain;  by 
his  siHy  anxiety  to  substitute  the  Bonapartes  for 
the  Bourbons,  over  all  nations  dependent  upon 
his  colossal  power.  Was  this  great  event  hailed 
with  joy  by  the  Spanish  Americans?  Was  the 
glorious  opportunity  of  breaking  their  chains 
seized  with  avidity?  Far,  very  far,  from  it. 
They  were  stunned  by  this  unexpected  occur- 
rence; stnpified  by  the  dreadful  alternative  of 
self-government,  or  submission  to  French  rule. 
Like  the  unhappy  man  long  immured  in  the  gloom 
of  a  prison,  they  had  been  so  looff  deprived  of  his 
glorious  liffht,  that  the  beams  of  the  blessed  sun 
were  hateful  to  their  eyes.  This  fortunate  event 
was  considered  a  national  calamity,  to  wiiich 
there  was  no  alleviation  but  the  opportunity  it 
afibrded  to  discover  their  unshaken  loyalty  and 
blind  devotion  to  the  cause  of  their  adored  King. 
Their  resources  were  devoted  to  his  service.  The 
•ole  difficoltjr  was  to  find,  during  his  imprison- 
ment, a  substitute  for  the  royal  authority.  The 
laws,  and  customs,  and  frame  of  Govern ment,  in 
other  respects,  remained  without  change;  the 
muoicipaltties,  haciendas,  audiencias,  ^c,  all  the 
sibordinate  machinery,  continued  in  its  accus- 
tomed place,  and  performed  its  accustomed  opera- 
tions ;  and,  although  the  necessity  of  additional 
exertion  produced  a  greater  vigor  of  character 
and  boldness  of  thought  in  the  heads  of  the  Gov- 
ernment, the  great  mass  remained  unaltered  in 
habits,  opinions,  and  desires.  Bogland,  covering 
the  peninsQla  of  Spain  and  Portugal  with  her 
a'rmtes,  and,  the  enemy  of  France,  procuring, 


without  difficulty,  the  great  object  of  her  long  eon- 
tinoed  soiieitode — a  free  commerce  with  Spanish 
America.  Juntas  were  established  upon  the  same 
principles  as  the  Juntas  of  Spain,  and  war  with 
the  Junta  of  Spain  was  occasioned  by  the  refusal 
of  Spanish  America  to  acknowledge  that  they 
were  the  legitimate  repository  of  the  royal  power 
in  both  hemispheres.  The  unhappy  lano  was 
rent  by  internal  factions,  in  which  the  people 
were  the  instruments  of  designingambition.  The 
leading  men  disputed  for  the  honor  of  being  the 
royal  substitute,  none  for  the  glory  of  establishing 
a  free  Government,  founded  upon  the  principlea 
of  justice  and  equality,  whose  basis  was  the  power, 
wboee  object  was  the  happiness  of  the  people. 
The  most  bold,  and  successful,  and  honorable  ex- 
ertion, for  the  formation  of  a  liberal  €h>vernmeiit, 
was  made  in  Venezuela.  But  this  new  Gk>veni- 
ment  was  overturned  by  an  earthquake  in  1812. 
The  misguided  people  were  induced  to  believe 
that  this  awful  visitation  was  the  immediate  con' 
sequence  of  their  conduct,  the  just  judgment  of 
an  angry  God  upon  the  revolution,  and  those  who 
promoted  or  favored  its  success.* 


*  <*After  many  months  of  continued  dtbates,  the 
RepresentatiTet  of  Venesuela  ofiered,  for  the  approba- 
tion of  the  people,  on  the  2dd  of  Dscember,  1811,  the 
promised  constitution.  It  formed  avolame,  divided 
uto  nine  chapters.  In  the  first,  the  Reman  Catholic 
religion  is  proposed  as  that  of  the  8tate.  In  the  sec- 
ond, it  is  proposed  that  the  General  Gengress  should  be 
divided  into  two  Hooses— that  of  the  Etepresentativee 
and  the  Senate ;  to  be  jointly  invested  with  the  power 
of  declarinf  war,  making  peace,  raising  armies,  dbc ; 
the  election  of  the  Hepresentatives  to  be  made  hf 
electoral  colleges,  and  that  of  the  Senate  by  the  pio- 
vincial  legislatures.  The  third  chapter  treats  of  the 
Ezecntive  power,  which  was  to  be  confided  to  three 
persons,  to  be  chosen  b^  the  electoral  colleges;  and 
these  persons  were  to  be  mvested  with  power  to  nom- 
inate generals  for  the  army,  and  to  appoint  officers  to 
whom  the  administration  and  collection  of  the  public 
revenue  were  to  be  intrusted,  &c  The  fourth  chap- 
ter describes  a  supreme  court  of  justice,  which  was  to 
decide  on  civil  end  criminal  questions  in  matters  con- 
cerning the  Federal  compacts ;  likewise  the  trial  bj 
jury,  &c  The  fifth  determines  the  limits  of  the  pro- 
vincial authorities,  the  mutual  guarantee  of  the  pro- 
vinces to  each  other,  and  that  Quayana  and  Maracai- 
bo  should  be  admitted  into  the  Federation  as  soon  as 
they  were  Iree  from  Spain.  The  sixth  and  eeventii 
propose  that  the  constitution  should  be  revised,  and 
receive  the  aanction  of  the  people.  The  eighth  dedaiea 
the  sovereignty  of  the  people---lhe  rights  of  man  in  so- 
ciety— that  foreigners  of  any  nation  whatever  should 
be  admitted  into  Venesuela,  provided  they  would  re- 
spect the  national  religion;  ihat  the  use  of  tortore 
should  be  abolished,  dtc.  The  ninth  and  last  is  de- 
voted to  general  subjects ;  treats  of  promoting  the  civil- 
isation of  the  Indians,  and  declaring  the  mulattoea  and 
pardos  eligible  to  any  employment  whatever  in  the 
State;  likewise  of  confirming  the  abolition  of  the  slave 
trade,  as  decreed  by  the  supreme  junta  of  Caraccas 
on  the  14th  Julf,  1810. 

<'  In  imitation  of  the  United  States  of  America,  the 
Oongreas  set  apart  a  territory,  in  which  the  antborities 
of  the  conMeration  wete  to  reside;  the  town  of  ▼•• 


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1516 


March,  1818. 


Spafdih  American  thromncet. 


H.Of  It. 


It  might  be  imagined  thtt  th«  principles  of 
political,  eiTi).  and  religions  freedom  had  been 
deTeloped  in  the  progress  of  the  rerolntioa ;  the 
present  state  of  It  would  diseoTer  how  far  the 
people  of  Spanbh  America  had  improved  in  the 
snowled^  of  their  personal  rights,  and  their  de- 
termination to  maintain  them.  In  Mexico  the 
cop  test  was  at  an  end ;  at  all  times  of  a  doubtfol 
iasne,  the  last  rajr  of  hope  was  extinguished  bj 
the  death  of  the  gallant  and  unfortunate  Mina. 
This  disastrous  termination  of  the  struggle  was 
Bof  produced  by  the  successful  exertion  of  the 
power  of  Old  Spain ;  it  was  effected  by  the  efforu 
of  a  people  who  formed  a  large  portion  of  the 
eighteen  millions  of  men  who  were  represented 
as  contending  in  the  glorious  cause  of  freedom. 
In  Caraccas,  a  san«^uinary,  and  dreadful,  and,  at 
best,  a  doubtful  contest  was  maintained  with  the 
modern  AIra,  by  the  imitator  of  bis  cruelty,Boi- 
iTar.  La  Plata  and  Chili  had  better  prospects  of 
success;  and  all  our  sanguine  hopes  are  fixed 
upon  them.  Thus,  of  the  eighteen  millions  of 
people,  for  whom  our  sympathy  is  demanded, 
more  than  thirteen  millions  are  the  contented 
slayes  of  the  Spanish  authority ;  and  it  was  the 
madness  or  stupidity  of  Ferdinand,  that  pre?ent- 
ed  the  Tolontarv  return  of  all  to  their  ancient 
thraldom.  A  decree  of  oblirion  for  the  past 
would  have  reinstated  the  Spanish  power^  if  it 
had  been  promulgated  by  Ferdinand  on  his  res- 
toration  to  the  throne.    Mr.  F.  rested  this  opinion 


Itncia  was  fixed  upon*  and  the  Congress  there  held  its 
SBiikn  in  thebegtatttDgof  March,  1819* 

••AH  pcoepered  in  VenwiieJs  at  that  time;  the  Oev- 
srament  was  respsctod ;  the  militafj  force  suffident  to 
spppoft  ity  and  the  pnblio  mind  was  onanimoos.  Com- 
BMToe  was  in  some  dsgrse  floarishiog,  and  Vsoesaslst 
wishing  to  promots  that  with  England,  a  reduction  of 
foni  per  6enU  was  made  in  the  costom-house  duties  in 
IsTor  of  English  mannfactares.  Three  thousand  meo» 
aiidsr  the  command  of  General  Moreno,  were  on  the 
banks  of  the  Oronoco^  leadT  to  cross  that  riTsr,  and 
attack  the  royalists  in  the  atf  of  Gnsyana  or  Angos- 
tua,  whose  inhaUtants  had,  on  many  occasions^ 
eiriiioed  their  indinatian  In  favor  of  the  new  Go?em- 
BMAt,  bat  were  checked  by  the  Spaniards  from  pub- 
ttely  dedsying  this  indinaliDn.  Colonel  Xalon,  with 
OBS  bsittalion  of  good  troops,  was  stetioned  at  Bsrqai- 
simels,  apposing  the  royalists  of  Core  might  attsmpt 
Mk  attack  on  that  nde.  Bat,  alas!  short  ia  YensMs- 
la  was  the  |iniiiisiiin  of  this  piosperi^ ! 

''QalhsSethof  March,  181S,  bsSween  fiwr  and  five 
P*  M«y  VsBsmela  was  visitsd  by  one  of  thoee  tremen* 
dtooseearthgnskss  whidi  from  time  to  time  ruin  whole 
provinees.  Daring  a  minute  and  fifteen  seconds  the 
earth  was  conTobed  in  STery  direction,  and  nearly 
Iwen^  thoosand  persons  foil  Yictims.  The  towns  of 
Caraocas,  Ltgaayra,  Mayqoetia.  Merida,  and  San 
Felipe,  were  toUUy  destroyed.  Bsrqnisimeto,  Valen- 
eia.  La  Vittoria,  and  others,  soflered  considerably. 
This  catastrophe  happened  on  Holy  Thnisday,  a  day 
when  cTery  Christian  church  peculiarly  commemorates 
the  sufferings  of  our  Messed  Redeemer,  and  at  the  very 
hoar  when  the  people  were  crowding  into  the  churches 
to  attend  the  prooesdons  which  are  usaal  in  Roman 
OaiheUe  countnes,  and  to  see  ths  rspresentatlon  of  our 
r  led  to  the  cross.    Troops  are  placed  on  suafa 


upon  the  authority  of  a  work  to  which  he  had 
before  referred,  the  Outline  of  the  Rerolution  in 
South  America.  In  the  conclusion  of  that  work 
it  is  said  "  the  return  of  Ferdinand  mtRht  bare 
'  brought  with  it  the  return  of  peace.  The  peo* 
'  pie  were  tired  of  war ;  the  leaders  of  the  rerolu* 
'  tion  disappointed  in  their  Tiews;  a  large  body 
'  of  the  people  in  a  state  of  apathy  or  indiSerenca ; 
*  and,  what  was  still  more  important,  the  rener- 
<  ation  attached  to  the  name  of  Ferdinand  atili 
'  existed,  though,  in  some  degree,  diminished*'' 
This  Tcneration  was  conrerted  Into  a  dread  of 
his  resentment,  by  the  mission  of  Morillo  and  his 
sanguinarv  suite.  Mr.  F.  trusted  in  Hearen  that 
this  act  or  royal  madness  would  meet  with  its  ap- 
propriate punishment,  in  the  total  subversion  of 
his  western  empire;  that  thus  compelled  to  con- 
tinue a  resistance  to  the  Spanish  voke,  that  the 
people  would  acquire  what  experience  and  suf- 
fering had  not  yet  taught  them,  the  knowledge 
of  their  strength,  and  the  means  of  using  it  to  the 
establishment  or  a  Gk>Ternment  similar  to  ours. 
Such  were  his  ardent  wishes,  not  his  confident 
expectations.    That  the  independence  of  all,  or 

Sortions  of  the  southern  continent  would,  at  no 
istant  day,  be  achieved,  could  not  be  doubted ; 
to  what  extent  civil  liberty  would  be  esublished, 
was  matter  of  speculation.  Opinions  more  or 
less  favorable,  would  be  formed,  accoraiag  to  the 
sanguine  or  cautious  temper  of  the  judge.  In 
the  origin  and  progress  or  the  revolutJou,  them 


oocadoBs  at  the  entrance  of  the  ohurchei^  to  follow  the 
procession ;  and  many  churches,  and  the  principal  bai^ 
racks  at  Caraeoas,  beiag  thrown  down,  there  was  a 
considerable  number  of  soldisrs  kiUsd,  and  many  thou- 
sand persons  CKOshed  under  thdr  ruins.  The  anns 
and  ammunitioa  destined  for  the  defonoe  of  the  conn* 
try  were  buried  in  a  similar  manner ;  and  what  was 
worse,  an  unoomiuerabls  snemy  to  the  independence 
of  y  enexuela  seemed  to  raise  ita  head  from  among  the 
ruins^-that  rdigious  prejudice  which  the  earthquake 
inspired. 

<*  In  an  era  leas  remarkable,  a  mere  convulsion  of 
nature  would  have  had  no  influence  on  a  new  Govern- 
ment; but,  notwithstandhig  the  prosperity  Veneauda 
then  enjoyed,  the  seeds  of  discontent  had  fdlen  on  one 
dassof  the  community.  The  principles  which  formed 
the  bads  of  tiie  new  constitution  were  democratloa^ 
and  it  had  been  neoessanr  to  deprive  the  dergy  of  eeoM 
of  their  privileges,  which  of  course  created  enal^  in 
thdr  minds  to  the  pressat  Govsmmsat  lamsdWdy 
aftsr  the  earthquake  the  priasta  prodakaed  the*  thn 
Almighty  condemned  the  reidotian,  and  theyde* 
nooneed  his  wrath  on  all  who  fovored  it.  They  een^ 
stmsd  into  a  manifestation  of  the  Dtviae  disaiaeswa 
ths  oocurrsnce  of  the  earthquake  on  Hdy  Tharsds|r» 
because  the  revolution  had  commenced  on  that  foso* 
val;  dthough  it  was  not  the anniversaiy»  for  thisfossi 
is  nmveable,  and  is  celebrated  on  a  difibrent  day  every 
year.  Thev  made  the  people  foncy  that  hdl  was  open- 
ing to  swallow  them. 

**  Such  was  the  effect  at  this  time  of  religious  enthu- 
siasm! Unprejudiced  persons  were  undoubtedly  not 
of  the  number;  but  these  were  few,  compared  wWi 
the  host  they  had  to  resist;  whidi,  av^ing  itself  of 
the  general  oonstsmation,  biassed  the  public  ofinSott 
I  in  fovor  orthoSpaaish  Gevemment." 


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HISTQBY  OF  CCHjTaftiai. 


1511 


BfOrB- 


^^n(8h  American  Prafrince$^ 


Makch,  1818« 


WM  DO  indu^eaienC  to  an  act  of  doubtfal  policy. 
Blit  opr  sympathy  was  deiaanded  for  thus  great 
aaiue,  in  character  so  like  that  of  our  ReToUptioo, 
ftynpathv  for  the  people  of  the  South  was  uni* 
TersaJly  lelt,  and  might  be  indulged,  without 
SQfuple,  Id  wishes  and  io  hopes ;  but,  when  it  was 
apade  the  fouodatioo  of  an  attempt  to  precipitate 
toe  adoption  of  a  favorite  measure,  it  was  neces- 
sary to  examine  how  far  it  was  justly  inspired. 
That  the  cause  of  the  colonies  was  just,  and  that 
they  were  entitled  to  the  good  wishes  of  all  man- 
kina  ii^  their  contest  with  Spain,  was  unquestion- 
able;  but  we  are  ez|)ected  to  feel  and  indulf;e  a 
deeper  sympathy,  arising  from  the  alleged  simi- 
larity of  their  situation  and  that  of  the  United 
States  in  1776,  from  a  congeniality  of  feeling, 
o^iaions,aad  pursuits^  between  the  Spanish  Ame- 
neans  and  our  predecessors.  The  honorable  mem- 
ber from  Kentuclf:v  had  solemnly  invoked  the 
departed  spirits  ot  our  ancestors  to  give  him 
atrenjith  and  ability  to  vindicate  a  people  con- 
tending in  a  cause  as  glorious  as  that  in  wbich 
t^y  bad  been  engaged.  An  invocation  to  those 
iUustrioijus  shades  to  pardon  a  profanation  of  their 
aahesi  by  this  odious  comparison,  would  have 
bf tier,  become  him ;  and  if  the  inhabitants  of  the 
(Hber  world  are  permitted  to  interest  themselves 
im  the  transactions  of  thia  life^  they  would,  no 
daiubi,  ind)  in  the  purity  of  his  intentions,  the 
Siotive  for  this  forgiveness.  Was  not  the  com- 
parison odious  ?  In  what  consisted  this  boasted 
lesemblanee?  They  are  colonies,  contending  to 
beittdepead^t  of  the  parent  CQuatry — ao  wefe 
we ;  here  tl^  eesemblance  ceases.  Io  the  motives 
of  the  coAtests,  in  the  causce  whieb  prodaeed 
tbtm,  in  their  means,  and  in  their  ends,  there  is 
contrast,  not  resembknce.  We  asserted,  vindi- 
cafed,  maintained,  and  improved  oar  rights,  po- 
litical, civil,  and  religious.  We  saw  oppression 
as  it  approached  us;  remonstrated  with  firmness 
against  injustice;  discussed  with  calmness  the 
extent  of  our  obligations  and  the  nature  of  our 
rigtits.  With  a  perfect  knowledge  of  the  doubt- 
ful issue  of  a  contest  with  our  powerful^  proud, 
and  ambitious  stepmpther,  we  encountered  its 
perils  and  pursued  it  with  virtuous  steadiness, 
|U9^il  QUI  triumph  was  af  signal  as  our  modera- 
tion bad  been  cpnspicaony.  They  wese  opprcased 
and  cont^nted^  manacled  a^d  reftoncilod  tq  their 
•bl^jaa,  until  accident  compelled  them  to  invol^ 
imtary  exertions.  P^tieu  independence  was 
•aat«pon  than,  and  is  now;  the  soIb  object  of 
eoatinoed  resisianeeu  If  human  rights  are  ••- 
enrt d  by  success,  it  i»an  onlooked  for^  unexpoeied 
ooi^ieqaence;  ao  unknown  good,  a  result  not  de- 
sii^  by  those  wlio  were  to  derive  its  benefits. 
Political  independence  was,  with  us,  the  means 
lor  the  accomplishment  of  our  object.  With  us 
it  was  emphatically  a  war  of  the  people.  The 
Government  organized  to  conduct  it  was  estab- 
lished hj  them.  In  the  oumcrous  changes  of  the 
persons  in  power,  it  was  the  immediate  and  reg- 
d|||^  expression  of  their  will,  that  elevated  or 
depilmed  the  candidates  for  their  eoi^fidence* 
To^Confederati^ik  %  rope o^  sa^^  l^d  tenacity 
and  strength  enoiig^i^  bJi^  4^1^01^  totget^fiiMia 


anion  was  necessary  to  success.  During  the 
contest,  the  military  was  completely  subordinata 
to  the  civil  power.  With  them,  the  first  and  the 
last  movements  in  the  contest  were  made  with- 
out consulting  the  will  of  the  people,  and  no 
means  have  yet  been  afibrded  by  which  it  can  be 
effectually  expressed.  They  have  neither  agency 
in  the  manageiooent  of,  nor  control  over,  the  acts 
of  the  Government,  created  for  them.  Revolu- 
tion has  succeeded  revolution.  Ever)r  change  of 
rulers  has  been  produced  bv  a  change  in  the  form 
of  substitution  for  the  roval  authority.  The  civil 
has  been  at  all  times  subordinate  to  the  military 
power.  There  was  an  equally  striking  dissimi- 
larity in  the  manner  in  which  the  wars  were 
conducted.  With  us,  with  the  exception  of  some 
personal,  intestine,  and  bloodjr  feuds  between 
Whig  and  Tory,  it  was  carried  on  with  the 
strictest  regard  to  the  laws  of  honorable  and  civ- 
ilized wartare ;  no  instance  occurred  of  the  death 
of  the  unresisting  by  the  command  of  any  officer 
in  the  public  service.  It  must  not  be  forgotten 
that  ample  justification  was  given  by  the  British 
armies  for  a  contrary  system.  The  massacre  of 
Paoli  and  the  murder  of  Hayne  were  still  fresh, 
in  the  recollection  of  all.  But,  while  burnig£ 
with  resentment  for  these  atrocious  deeds,  we  did 
not  forget  what  was  due  to  our  character,  and 
dishonor  our  reputation  by  following  a  horrible 
example.  The  cofd-Uooded  massacre  nerved  the 
aroas  and  steeled  the  hearts  of  our  soldiers  in  the 
hour  of  conflict,  but  the  etj  of  mercy  never  was 
raised  in  vain  by  a  Tanqnished  foe.  Wiien  the 
ffallant  Hayne  was  barbaroualy  eaceeuted  bv  m 
British  officer,  wboee  present  rank  vnd  subse- 
quent achievements  could  not  remove  the  stain 
of  this  sanguinary  act  from  his  character,  the 
deep  indignation  of  the  nation  was  excited.  A 
gallant  officer  was  selected  to  pay  with  bis  life 
for  the  cruelty  of  his  country.  But  the  sacrifice 
was  never  made,  and  the  gallant  and  generous 
officer  was  reserved  to  perish  in  defending  the 
reputation  of  thai  people,  by  whose  forbearance 
his  life,  forfeited  by  the  injustice  of  his  country, 
was  sp^red.  ^u  F.  would  not  be  understood  tp 
call  in  qc^stion  the  justice  of  the  retaliatory  sy^ 
teni.  of  exteraaaatioq  adopted  by  tbe  Stuintfli. 
Ameticausy  Up  beUered  tb^(  the  dieadM  eK*> 
ample  was  set  by  the  Boyalists,  a^d  titp  lesjMt  xa 
it  was  justifiabk,  and  perbapa  essential  to  aee^r. 
rity  and  succesa.  A'^  "«  propaaed  b«r  tjiia  eaamp 
inatiion  vraa  to  show,  what  was  highly  bouoiabie 
to  his  own  countrymen,  that  a  iesevt  to  sue4  a 
system  was  not  made  by  them  under  the  stroagesC 
tempcatioDs,  and  under  eircunstances  whiek 
would  have  fully  justified  it.  'Pfae  conq^rison 
was  made  to  show  the  exalted  character  of  our 
own  conteift,  not  excite  prejudice  against  that  of 
neighburing  nations. 

ff  the  sanguine  temper  of  the  S^peaker  had  de- 
luded km  into  a  belief  so  derogatory  to  the  cba-. 
racter  of  his  own  country,  it  was  not  surprising, 
that  he  should  have  erred  in  estimating  tbe  com<»* 
mercii^  ^^^  political  intj^rje^i;  of  th^  Unijtei^9tate§^ 
intJ^SotulvA^cafLMfngfl^*  TiiA;w4(h»X«y 
Ik  d#f p  in^art s|  10:  the  Mie  oi  SpMiish  Amemik 


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uu 


mmom  OF  ooN#ti£ss. 


1514 


Marob,  1818b 


H.or&. 


oo«1d  not  WdMied ;  b«t  it  wmv  movcl  iitetatt-^ 
the  inuveat  whidi  nan  l^lt  (pr  the  conditioki  of 
Hma  in  all  qaartert  of  1I10  world.  Whatever 
ttay  be  the  ehaDget  that  may  take  ]plaee  from  the 
Rio  Braroto  Gape  Horn,  00  OMenHally  fareiaUe 
alteration  oaa  be  pvodooed  in  the  eat4nt  of  onr 
oovUmeroe^  In  the  mnrity  or  stabiliiy  of  our  pe^ 
litieal  institiitiene.  Bpanlih  Amerien  wonU  aflord 
to  us  bat  a  triitncportioa  of  her  eif  htr-one  «itl- 
iions  of  exports,  with  tbe  exeeption  of  her  mtn* 
eral  prodactions,  her  expbrts  were  of  the  same 
Itiad  with  the  eaporto  of  this  eoonirj:  the  great 
aiaplee  were  eottoa,  tobaeeo,  rioe,  breadstofld, 
hemp,d^.;  her  imports,  European  aaannfaetares^ 
Mr.  P.  would  not  ase  as  an  argument  the  arri« 
caltQfal  rivahy  that  might  enirae^  under  a  differ'^ 
ettt  state  cf  things,  to  indiiee  a  wish  that  the  pre- 
sent eonditloa  ef  Spaoish  Ameriea  might  con- 
tinue ;  but  he  would  uee  it  to  deoionstrate  the 
fhllaoy  of  the  opinion  that  our  eommerclal  piioe- 
peritj  would  be  gr^tlf  inereafsed  by  the  expected 
Change  in  her  politleal  eondition.  On  this  point 
he  would  ask  nie  attention  of  the  Committee  to 
a  hw  sentenees  from  a  work  just  piMiehed, 
whose  antbor  relied  upon  the  statements  of  Hnm- 
hdidu  a  man  whose  opportunities  to  procure,  aikd 
ability  to  select,  the  most  valuable  and  aecorate 
information,  was  imiverealiyknewD.  Aftorgiring 
a  mo9C  appalling  account  of  the  present  state  of 
the  imports  to  Mexico  from  the  United  States,  as 
compared  with  those  of  €hreat  Britain,  he  says: 

**  But  If  the  imports,  according  to  the  report,  ere  by 
no  means  promiang,  es  it  respects  the  demand  for  our 
produe^ns,  some  items  of  the  exports  ere  also  of  a 
nature  to  excite  serloos  redactions  in  the  minds  of 
those  who  are  concerned  in  agricultural  pursnits. 
Among  the  exports  to  the  other  colonies,  we  find  the 
article  of  S6,S71  bales  or  sadu  of  floor,  and  9,S07  sr- 
rohae,  of  1t5  Ibe.  ead^  of  cotton.  Speaking  of  the 
Mexican  8eur,  Humboldt  says,  'It  enters  into  eompe* 
IMon  at  the  Havana  market  wiOi  that  of  ib»  United 
etatee.  When  the  load  which  is  eonstruethig  80m 
the  table  laai  ef  Perote  to  Yen  Oraa  shaU  be  com* 
pialBlv  inished,  the  grain  ef  New  %ain  will  be  ex« 
Mad  for  Boedeaiix,  HamiNng,  and  Bremen.  The 
Memcaae  wiD  then  poisess  a  donUe  advantage  orce 
thelnhiAnlMts  of  the  United  Btates,  that  of  a  greater 
tetiiity  of  the  teniteiy,  and  that  ef  a  fewer  prioe  of 
i.K^*    And  oa  the  article  of  tobacco  he  obsenres,  that 


labor.' 


« the  coltivation  of  Mexaoan  tobacco  might  become  a 
btandt  of  agncahure  ^  the  very  highest  importance. 
If  the  trade  in  it  were  free.  At  Vera  Cmz  the  quan- 
titj  of  tobacco  produced  in  the  district  of  Daaba  and 
Cordova,  is  computed  at  1,600,000  pounds  to  3,000,000 
pounds.'  The  mdefinite  increase  of  the  growth  of 
tobacco  Is  prevented  bj  the  royal  monc^ly,  which  not 
only  prescribes  the  q[aantity,  but  the  very  districts  in 
which  only  itcan  be  cultivated.  He  also  observes,  on 
tike  sobfect  of  the  cotton  of  Mexico,  that  <  New  Bpahi 
auppfiee  Stirope  annually  wlfii  015,090  pounds  of  cot- 
ten.'  This  quantily,1lMraghhiitMlf  very  hiconsidenh 
Mey  K  however,  sk  Omes  greater  flken  that  exported 
bgr  the  United  8taeaa,  of  thair  own  growth,  in  1701: 
and  In  twsim  yearn  the  prodnee  of  cotton  has  beceme 
in  the  Uniled  Staaaa  tfame  honted  and  eaventy^seven 


rimaa 'guiaiaiu    When  we  consider  the  pl^ysieal  peei* 
^oneef  the  United  BUiee  and  MeaieO)  we  can  hardly 


entertain  a  doubt  that  theae  two  couatiies  will  one 
day  be  enabled  to  produce  all  the  ootton  employed  in 
the  Bwamfactures  of  Europe.  The  greatstaplee  of  the 
United  States  are  grain,  flour,  tobacco,  rice,  cotton, 
and  the  products  of  the  fisheries,  and  lumber.  The 
buDnr  character  of  these  articles  requires,  and  actaaHy 
employs,  so  much  shipping  for  this  transportation,  that 
in  point  of  mercantile  tonnage,  we  are  already  supe* 
rior  to  any  nation  in  Europe,  Great  Britain  excepted. 
Considering,  therefore,  the  importance  of  these  staples 
in  their  tendency  to  our  internal  welbre,  and  m^ 
Influence  on  our  marithne  strength,  we  cannot  con- 
template, without  leelhigs  of  great  concern,  any  con- 
tingency, however  remote,  which  may  operate  imAi- 
vorably  to  either" 

Mr.  F.  would  not  fitti^ue  the  Committee  by 
following  the  anchor  in  his  investigation  of  this 
subject,  through  the  whole  extent  of  Spanish 
America,  but  would  content  himself  with  quotin|^ 
that  portion  of  the  work  which  related  to  the 
nrormces  of  La  Plata,  the  immediate  object  of 
their  present  inquiry : 

''The  cUmate  and  soil  of  Buenos  Ayres  kte  slngtt> 
larlv  fiivorable  to  the  growth  of  wheat  and  bai^ley ; 
and  whenever  tUs  country  shall  have  acquired  a  com- 
petent population,  the  |extent  of  its  prodaoe  in  both 
will  be  equal  to  any  demand,  howevsr  great  Dc  ' 
the  late  war  in  Spain,  considerable  faantitiee  ' 
shmed,  under  contract  wtth  the  BriUsh  Oovenm 
to  the  poets  of  SpaiA  and  Portugal.  Under  thaee 
citouBSstances  it  ii  to  be  eXpcNBted  that,  in  any  avant, 
eur  commercial  intttcouiae  with  this  couatiy  will  nat 
be  a  aulgect  of  national  im^rtance. 

**  Our  observations  respecting  Buenos  Ayres  appl^ 
with  still  more  force  to  Chili ;  because  the  latter  is  Su 
more  remote,  being  situated  on  the  Padfic  Ocean,  in 
nearly  the  same  latitude  with  Buenos  Ayres,  and  cor- 
responding with  it  in  productions." 

It  must  be  sufficiently  obvious  from  these  ex« 
tracts,  that  the  hope  of  commercial  gain  must 
be  founded  upon  our  ability  to  be  the  carriers  of 
Spanish  America,  in  her  commerce  with  the 
world ;  or  in  our  ability  to  compete  with  other 
nations  in  the  supply  of  such  manufactured  arti- 
cles as  are  consumed  by  her  inhabitants.  In  the 
direct  commerce  from  fiurope  to  South  America, 
we  cannot  hope  to  participate.  Every  nation 
wisely  regulates  this  subject,  like  ourselves. 
Competition  is  confined  to  their  own  vessels^  and 
those  of  the  nation  with  whoqa  it  has  direct  in- 
tercourse. We  must  be  able  to  perform  circuit- 
ous voyages  with  greater  facility  and  at  a  smaller 
expense  than  direct  vovages  are  performed  by 
other  nations.  A  contest  hopeless,  unlese  war  xa|^ 
among  all  the  other  maritime  Powers  of  the  earth. 
Even  in  this  extraordinary  state  of  the  world, 
we  should  have  to  contend  with  the  naval  eoier^ 
prise  of  the  newly-created  empires.  This  is  con- 
sideiped  as  of  but  little  consequence  by  the  Speab- 
er.  lie  supposes  that  Spanish  America  can  never 
beceme  a  great  maritime  Power.  And  for  what 
reason  ?  A  strange  one,  indeed.  They  are  too 
near  the  sun  I  The  cUmate  is  too  warm  and  re* 
laxing;  the  inhabitants  cannot  contend  on  the 
ocean  with  the  hardy  and  enterprising  children 
of  the  bleak  and  bracing  regions  of  a  oortheqi 
sky.    AU  history  condemns  this  stiajBge  theory .^ 


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jams»T  OF  QomamMi, 


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JLmSL 


SpOKUm  AinsriMBI  PT0hMiCt$» 


Ii4aca,iai8. 


0Mk  yoarMTftl  herdtfs  if  tli«f  liMr6  aot  foand«faat 
ttesiilors  oftht  South«ro  are  Miial  in  atrength. 
actiyity.  ecniraga.  and  bardiiiooa  to  thetr  North- 
am  Iwetdren  1  If  ihejr  would  not  prefer  the  sail- 
ors of  Louisiana  to  the  natiyes  of  the  frozen  and 
H^ren  regions  of  Labrador?  If  the  improye- 
meat  of  oar  South  American  brethren  keeps  pace 
#ith  the  anticipation  of  the  g^entleman  from  Ken- 
tacky,  their  emancipation  will  create  for  us  for- 
nidaole  riyals  in  agriculture,  and  powerful  com- 
petitors for  maritime  superiority;  a  rivalry  and 
aMopatitioii  BIr.  F.  would  most  cheerfully  con- 
IfiiNita  to  produce,  if  it  waa  to  be  succe^ed 
by  the  establishment  of  civil,  politicaljind  rali- 

{lona  freedom  in  that  unhappy  land.  We  were, 
owever,  required  to  elevate  our  views  to  fu- 
turity; to  consider  that  we  were  legislating  for 
posterity ;  while  it  was  admitted  that  at  present 
Wt  could  not  successfully  vie  in  the  markets  of 
this  new  world  with  the  manufacturers  of  Eu- 
rope, the  time  was  approaching  when  we  should 
BJMarsell  the  European  manufacturers.  Mr.  F. 
^id  not  believe  this  tisia  would  an ive  during  the 
■waeeot  aentary ;  he  hoped  it  never  would  arrive. 
He  should  deeply  deplore  the  arrival  of  that 
fwfiod  at  whioh  mahufaetnring  establishmenu 
^posld  be  more  profitable  than  the  porsoiu  of 
apieuitore.  He  wished  the  articles  of  first  ne- 
'^assiity  to  be  Ihbricated  here;  beyond  this  his 
iHabes  did  not  extend.  As  to  th^  present  question, 
It  was  suflbient  for  the  purposes  of  his  argument 
to  show,  that  we  could  not  nope  to  partake  large- 
ly of  the  golden  profits  of  Spanish  American 
commerce,  without  a  thorough  chaoffe  in  the 

S resent  pursuits  of  the  inhabitants  of  the  United 
itates.  A  change  neither  desirable  nor  probable. 
Splendid  political  consequences  were  antici- 
pated from  the  expected  change.  The  freedom 
of  the  commerce  of  the  Mississippi— the  safe 
navigation  of  the  Qulf  of  Mexico— toe  power  and 
effect  we  should  derive^  from  being  the  head  of  a 
confederation  of  republics.  In  case  of  necessity, 
the  new  world  of  republics  was  to  be  arrayed 
aaainst  the  old  world  of  despotisms.  In  the  event 
of  European  wars,  we  shall  have  powerful  aux- 
iliaries in  the  assertion  of  neutral  rights.  And 
was  it  really  apprehended  we  should  ever  want 
aid  to  maintain  the  free  commerce  of  the  Missis- 
aimii  or  the  Qulf  of  Mexico?  these  might  be 
suely  trusted  to  our  gallant  tars  and  the  people 
of  the  West.  Suppose  this  great  change  to 
have  taken  place.  Overleap  in  imaffination  the 
progress  of  centuries,  and  see  the  United  States 
connected  with  Republican  Gbvernments  to  the 
Southern  extremity  of  the  New  World ;  the  first, 
if  you  please,  in  wealth  and  power ;  overcoming 
the  disadvantaffes  of  situation  and  climate,  by 
her  superior  skill  and  superior  industry.  What 
auperior  advantaees  will  the  people  enjoy  that 
are  not  possessed  by  ourselves  1  Will  they  be 
more  free,  more  happy,  more  virtuous,  and  less 
exposed  to  the  danger  of  internal  commotion 
and  external  violence  ?  The  power  of  the  Gov- 
ernment to  destroy  other  nations  would  be  in- 
creased ;  the  power  of  the  Government  to  pro- 
mote the  we&re  of  the  people,  the  object  for 


which  it  aiatiy  wonld  reoMin  tba  saaM.  Ca»* 
nectad  with  people,  active,  iatelligant,  and  jc»d* 
ons  as  ourselves,  our  rivals  in  commerce,  in  agri- 
culture, in  scieace,  and  in  the  freedom  of  thdr 
inatttutions ;  will  these  elements  of  strife  be  com* 
nosed  to  harmony  by  the  tender  names  of  siater 
Republics  ?  Men  do  not  change  their  nature  with 
their  Govemmenu?  Brooding  avarice,  malig* 
nant  revenge,  daring  ambition— will  find  their 
place  under  all  forms  of  government,  in  all  agea 
and  in  every  clime.  Mr.  F.  would  not  look  fur- 
ther into  the  consequences  which  mi^ht  be  anti- 
cipated from  the  workina  of  these  passions  among 
the  affiliated  nations.  As  in  the  days  of  ancient 
Greece,  the  ground  of  quarrel  wonld  be,  who 
should  be  the  first;  and  some  Eastern  Satrap 
might  again  be  found,  to  foment  the  quarrels  ana 
distract  the  councils  of  the  Western  World. 
There  was  one  remedy  for  these  danaers ;  instead 
of  many,  but  two  Republics  should  be  created  of 
the  North  and  South  Americas.  Mr.  F.  was  not 
yet  prepared  to  risk  the  happiness  and  the  security 
of  the  people  of  the  United  States,  by  such  a 
sublime  but  hazardous  exteasion  of  their  political 
system.  Nations,  like  individuals,  were^  under 
God,  the  fabricators  of  their  own  fortunes.  Of 
this  nation  this  was  undeniably  true.  We  want 
no  power  which  we  cannot  acquire^  since  we  de- 
sire none  but  for  our  own  protection.  We  ask  no 
aid,  since  we  will  not  invade  the  righu  of  others; 
to  defend  our^,  our  own  strength  is  amply  suffi- 
cient. We  are  free,  independent,  and  happy,  so 
long  as  the  people  are  true  to  themselves.  Uni- 
ted, combined  ESurope  would  be  arrayed  against 
them  in  vain.  No  man  need  look  beyond  our  own 
borders  for  the  means  of  securing  and  perpetuat- 
ing all  that  is  valuable  in  life  and  liberty.  In 
the  assertion  of  neutral  rights  it  was  but  too 
fashionable  to  look  beyond  our  own  resources ; 
the  experience  of  the  late  war  satisfactorily  da- 
monsirated  that  it  was  unnecessary.  It  discovafad 
to  U0,  that  aid  was  not  to  be  found  where  it  waa 
azpected ;  it  demonstrated  that  it  waa  not  re- 
quired. He  r^tcad  that  that  conlaat  laas  eona* 
menced  and  terminated  without  an  ally,  and  ha 
most  heartily  thanked  the  English  Government 
for  refusing  the  proffered  mediation  af  the  Em- 
peror of  all  the  Russias.  The  obligation  of  that 
offer  would  weigh  upon  his  spirit,  had  not  tho 
load  been  removed  by  the  noncnalance  with 
which  the  refusal  of  the  other  Power  had  been 
received,  and  the  equivocal  treatment  experienced 
by  our  Ministers  fiom  the  Court  of  St.  Peters- 
burg. We  want  nc  aid  and  no  ally  for  asserting 
any  of  our  rights  The  experience  of  the  late 
contest  was  not  leis  useful  to  ourselves  than  to 
others;  it  taught  them,  too,  the  secret  of  our 
power ;— *tru6t  to  its  effect ;  the  impression  waa 
deep,  and  the  remembrance  will  be  lasting.  Mr.  F. 
would  not  press  this  inquiry,  lest  he  should  be  bus- 
pected  of  desiring  to  produce  a  wish  that  Spanisli 
America  should  remain  dependent.  All  ha  da- 
strad  was,  by  bringing  other  objaala  into  view,  ta 
sava  the  Committee  Isom  ihesad«cioganthaaiaan 
of  the  Speaker.  If  the  queeiian  of  €paaish  Amar* 
loan  independanca  depended  vpon  our  salfiah  aon* 


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HiarOftT  OP  CQNGRB88. 


161$ 


MAMa,1818. 


SptOUtm  JuntTtCtM  JrT09wl9Of$* 


B.OPB. 


ttdermtions  of  lalercfL  it  ntm  woold  be  aehiertd. 
U  we  were  fereraed  by  tbe  ordimirT  poliey  of 
luUioM,  we  sbovld  desire  Ike  le-establitiiment  of 
Ike  SpeDbb  power,  since  it  impeded  the  progress 
oi  o«r  leM^bors,  and  left  vs  vndiepoted  masters 
of  Um  worn  of  western  enterprise.  Bu  t  oar  policy 
was  as  iibf  ral  as  oar  institations.  We  looked 
aniioosiy  for  tbe  emancipation  and  improrement 
of  the  Spanish  Americans,  bowcTer  formidable 
their  competition  and  dangerous  their  ri?alsbip. 
We  desired  it  for  their  good,  and  not  for  ear 
adrantage.  That  the  United  States  bad  a  right 
to  acknowledge  any  Gtoyernment,  was  a  political 
axiom.  That  it  was  oar  daty  to  recognise  the 
QoTemment  of  La  Plata,  remains  to  be  proTed. 
If  ottr  interest  and  oar  honor  require  it ;  if  it  is 
demanded  by  our  obligations  to  that  Gtoremment, 
it  was  a  daty.  What  interest  haTe  we  in  this 
independence,  wiiieh  should  induce  as,  first  among 
the  nations  of  the  earth,  to  welcome  this  scranger  7 
Was  it  commercial  1  Tbe  fact  that  we  had  not 
more  than  twenty  Tessels  in  the  commerce  of 
La  Plata,  and  that  number  diminishing,  while 
the  English  had  more  than  two  bnadred,  was  a 
proof  of  tbe  extent  of  our  commercial  interest  in 
this  region  of  the  world.  Separated  at  a  dis- 
tance so  remote,  where  was  tbe  political  consid- 
eration to  demand  it  from  as  ?  There  was  none. 
Wo  are  asked  to  do  what  France  did  for  us.  Mr. 
P.  said,  tbe  United  States  had  already  done  more, 
openly,  for  La  Plata  than  France  e?er  did  for  the 
United  States,  prior  to  her  determination  to  go 
to  war  with  England.  The  United  States  were 
now  in  advance  of  all  the  nations  of  the  earth, 
except  tbe  Qorernment  of  Brazil,  in  kindness  to 
Buenos  Ayres.  France,  prior  to  the  capture  of 
Borgoyne,  forbade  ber  subjeeu  to  supply  us  with 
amu  and  munitions  of  war;  would  not  suffer  our 
▼essels  of  war  to  enter  her  ports,  but,  according  to 
the  proTisions  of  the  Treaty  of  Utrecht,  when 
driven  in  by  stress  of  weather,  and  their  stay  was 
limited  to  the  daration  of  the  danger.  We  openly 
permit  the  exportation  of  every  necessary  for  the 
use  of  the  people  of  La  Plata.  Their  vessels  enjoy 
every  privilege  enjoyed  bv  Spanisb  vessels,  or 
tbe  anned  vesseb  of  any  other  nation,  in  our  har- 
bors. We  wish  them  success:  they  know  it  well ; 
we  do  mot  conceal,  or  aflfect  to  conceal,  it  from 
Spain.  These  privileges  are  denied  them  by  all 
the  Powers  of  Europe,  or  if  granted,  are  yielded 
to  them  In  secret  by  England. 

We  have  proclaimed  a  strict  neatrality;  reg- 
ulated our  conduct  by  tbe  rule  of  tbe  national 
law.  •*  In  civil  vrars  foreigners  are  not  to  inter- 
'  fere  in  the  internal  government  of  an  iadepen- 
'  dent  State.  It  belongs  not  to  them  to  judge 
'  between  the  citizens  whom  discord  has  roused 
'  to  arms,  nor  between  a  Prince  and  bis  subjects. 
'  Botb  parties  are  equally  foreigners  to  them,and 
*  eqaaily  independent  of  their  authority."  The 
eireumstnnce  to  which  tbe  Speaker  referred,  if 
eorrecily  stated,  is  the  most  certain  evidence  that 
oar  conduct  has  been  consistent  wHh  our  profes- 
sions. We  have  pleased  neither  party,  wbile 
more  fortunate  Ensland  has  succeeded  in  pleas- 
ing bolb  parties.    BoDoraUe  neatml^y  is  nover 


grateful  or  pleasing  to  either  of  the  belligerealv: 
pretended  neutrality  and  secret  assistance  »  gral» 
fnl  to  that  Power  to  whom  aid  is  given.  Eng- 
land may  have  been  artful  enough  to  persoade 
Spain  that  her  four  hundred  thousand  poands 
was  intended  for  this  purpose,  while  her  seeroC 
supplies  of  arms  have  satisfied  tbe  United  Prov«> 
inces  that  England  desired  only  to  prooMMt 
their  success.  Our  doty  cannot  reouire  us  to  do 
what  is  useless — what  is  calculated  to  confirm  a 
charge  made  against  us,  of  fomenting  tbe  distor- 
bances  in  Spanish  America ;  a  charge  to  whieii 
probable  evklence  is  already  affbrdea  by  the  ex* 
peditions  of  Miranda,  of  Carrera,  of  Mina;  all  df 
whom  sailed  from  these  States  to  their  places  of 
respective  destination.  It  is  the  duty  and  the 
interest  of  England  to  stand  forth  as  the  protector 
or  first  friend  of  tbe  new  Oovemment.  She  oa^ 
joys  the  fruits  of  tbeir  separation  from  tbe  parent 
country;  she  fomented  the  quarrel.  Then  let 
ber  take  the  risk,  as  she  will  take  the  honor  aad 
the  profits  of  the  recognition  of  the  new  Power. 
Mr.  F.  was  at  a  loss  to  conjecture  why  it  bad  act 
already  been  done  by  England,  unless  she  feared 
the  undefined  and  undefinable  obligations  of  tkm 
Holy  League^  or  was  content  to  reap  xhtprmni 
profits,  reserving  to  herself  the  power  to  seaaia 
iheJiUure,  either  by  recognising  the  new  people 
on  uivorable  conditions,  or  by  restoring  them  n^ 
her  mediation  to  their  former  master,  on  coadH 
tions  equally  favorable  to  her  commercial  inteiest. 
At  what  risk,  it  may  be  asked,  will  tbb  reeof- 
nition  be  madel  At  tbe  hazard  of  a  war  imk 
Spain.  The  gentleman  from  Kentucky  says  it  is 
not  justifiable  cause  of  war.  Does  he  uKaa  ia 
the  eye  of  reason,  or  in  the  opinion  of  nations! 
In  the  opinion  of  nations  it  certainly  is  iustiflable 
cause  or  war ;  and  it  is  not  to  be  doubted.  tkA 
were  sitaatioas  reversed,  snch  a  recognitum  of 
the  independence  of  one  of  these  Stales  of  Ike 
Union— Louisiana,  for  example— by  Spain,  would 
be  instantly  followed  by  war.  The  Spealnr 
seemed,  indeed,  to  doubt  the  soundness  of  tbis 
position,  as  be  pressed  principally  the  waat  of 
ability  in  Spain  to  make  war,  not  tbe  deficiency 
of  just  motive  for  declaring  it.  That  war  womL 
follow  witb  England,  shoiud  Spain  venture  opoa 
a  contest  witb  us,  Mr.  F.  did  not  believe.  She 
wouki  have  the  most  powerful  motives  for  nea- 
trality. The  glorious  opportanity  of  ruining  oar 
commerce  would  be  afforded,  and  would  be  seized 
witb  avidity.  Tbe  increased  expense  of  sUn- 
ments  in  American  vesseb  would  throw  tbe  whole 
of  our  trade  into  British  bottoms,  and  our  ^Mff 
would  be  driven  from  the  ocean»  except  where  it 
floated  over  our  public  or  private  armed  ships. 
Mr.  F.  would  encountw  this  danger  of  a  war  wHb 
Spain,  with  all  its  consequences,  for  an  adequate 
motive ;  but  be  would  not,  by  harrying  to  do  an 
act  useless  at  best,  and  which  might  hereafter  be 
performed  without  hazarding  anything.  At  all 
events,  he  was  unwilling  to  encounter  it,  oaiil 
La  Plata  bad  shown,  by  indisputable  testimony, 
that  she  was  independent,  and  had  the  power  aad 
tbe  will  to  maintain  it. 
Was  there  a  free  Qovernmeai  in  La  Plata,  for 


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HX8T0BY  OF  CO(N0BX88. 


1M6 


H.WR. 


SptHtUh  MUtnOBI^  ^TtfMMM* 


MAttOB,  VUB. 


» existence  we  ought  fo  eneeanter  anf  baz- 
wi?  Wai  there  a  QoTerDmeDt  indepeadettt  of 
Spain,  and  which  coaid  not  be  compened  hj  the 
iiower  or  seduced  hy  the  eajolenentsof  Spain,  to 
Ub  foraaer  tassalai^e  ?  The  character  of  the  Qor- 
ttmoMnt  might  be  read  in  the  history  of  its  form- 
•tion ;  in  the  changes  which  preceded  it ;  and  in 
•ets  since  it  was  established.  The  disturbances 
in  the  Peninsula  indaced  the  Viceroy  of  Baenoe 
Ayres  (Cissneros)  to  call  a  Jnnta  in  May,  1810, 
oomposed  of  the  officers  of  the  Royal  Qorem* 
ttient.  In  April,  1811,  a  new  Goremment  was 
famed  by  the  inhabitants  of  the  citv  of  Bnenos 
Ayres,  baying  been  called  togedier  for  that  pur- 
)pose  by  the  municipality  of  the  city.  This  Oot- 
nrnment— which,  like  the  other,  was  but  a  name 
f»r  •  new  omnixation  of  the  Regal  power—* was 
oomposed  or  three  members  and  two  secretaries. 
According  to  the  fil  Estatuto,  one  member,  exer- 
cising the  BxecutiTC  power,  was  to  raeate  hb 
•eait  at  the  expiration  of  six  months,  and  his  place 
was  to  be  snp^ted  b^  election.  Tne  deputies  of 
the  municipalities  of  the  prorinces  were  to  form 
the  electoral  college.  Toe  first  assembly  for  the 
election  of  one  of  the  members  of  the  Executire 
imthoffity  met  on  the  5th  day  of  April,  1812,  and 
ooounated  Puerrydon  for  one  member  of  the  Qof- 
ammeni.  Thev  proposed  to  form  a  constitution, 
but  were  dissolved  by  the  existing  authoritj-*- 
^enydon  deriving  no  power  from  this  nomina- 
.ties.  The  second  assembly  met  on  the  6th  of 
Oelober,  1813,  and  elected  Biedrano ;  but,  pursu- 
ing the  track  of  their  predecessors,  they  met  a  sim- 
^ar  fiMe.  The  municipality,  people  of  the  city, 
«nd  Ireeps,  opfwsed  their  measures,  and  the  assem- 
bly was  dissolTed  by  military  force. 

A  meeting  of  the  inhabitants  of  Bnenos  Ayres, 
CabiUo  Abierto,  was  convened  on  the  8th  day 
of  October  1812,  and  the  administration  was 
iFCsted  in  Pena,  Passo,  and  Johnte.  Thus  per- 
ished the  first  constitution,  after  existing  twelve 
naatiis,  and  being  Tiolatea  in  all  its  provisions. 
In  January,  1813,  a  new  assembly  met ;  the  Coe- 
etttsfante,  comooaed  of  deputies,  nominated  by 
thn  doctoral  coUegea  of  the  towns  and  cities  of 
Rio  de  La  PkU;  the  ebief  acts  of  tlie  new  assem- 
bly was  the  chuge  of  the  title  of  the  Govern- 
ment, from  Gobiemo  Superior,  to  Supremo  Poder 
fixecutivo,  and  the  decree  of  Freedom  to  the 
Children  of  Slaves.  The  same  decree  compelled 
a  sale  of  every  third  male  slave  to  be  enrolled  in 
the  army,  the  price  beinff  a  clebt  due  to  the  own- 
ers by  this  State.  In  I>ecember,  1813,  the  gov- 
ernment o£  those  persons  was  annulled  by  the 
assembly,  and  Poxados  was  chosen  Supseme  Di- 
rector, to  give  strength  by  conceniratii^  the  Ex- 
ecutive powers.  In  January,  1815,  Poxados  hav- 
ing resigned,  Alviar  was  aj^nted  Supreme 
Direclor.  In  April,  1815,  there  was  a  new  revo- 
lution. A  meetmg  of  the  inhabitants  of  Buenos 
Ayres  wns  convened,  and  the  authority  of  Alviar 
md  the  Assembly  disowned.  The  municipality 
was  vested  with  the  supreme  command.  The 
■Mmicipality  finrmed  a  junto  called  I>e  Observa* 
cion,  by  whom  a  new  constUntion  was  published. 
Rondenu  was  named  Director,  but,  being  in  mil« 


ilary  comnumd  with  the  army.  Colonel  Alv 
a  ringleader  in  the  reveit,  was  OMde  his  substi^ 
tute.  Alvarex  convoked  a  Congress,  but  beAm 
it  assembled  he  wasdisposscMed  by  anotfaflreon- 
motion  of  the  power  he  held  in  the  absence  ef 
Rondeau.  Beicora  was  then  appointed  Sapseme 
Director,  but  was  soon  after  removed,  and  the 
administration  ]^aced  in  the  hands  ef  a  commit- 
tee. The  Congress  of  Tucnman  met  in  1816, 
chose  Puerrydon  Supreme  Director,  and  decinred 
the  independence  of  the  Provinces  of  La  Plata 
on  the  3d  of  July ;  proposed  to  publish  a  mani- 
festo, which  was  published  in  1817,  and  to  form 
a  constitution  that  has  not  yet  been  matured.  la 
this  hasty  sketch  of  the  events  which  led  lo  the 
establishment  of  the  Government  as  it  now  ex- 
isted, it  must  have  occurred  to  the  members  of 
the  Committee  that  there  was  no  agency  of  the 
people  in  its  ocganixation,  except  the  commo- 
tions in  the  city  of  Buenos  Ayres ;  they  seem  to 
have  been  the  idle  spectators  of  the  movements 
of  the  constituted  authorities  and  the  milittty. 
For  aught  that  appeared,  the  ancient  institotiona 
below  the  head  of  the  Government,  remained  ne 
formerly.  Mr.  F.  would  not  detail  the  accuaa- 
ttoos,  triab,  executions,  and  banishments,  whick 
were  the  consequences  of  these  chaoses.  That 
the  people  were  not  deeply  interested  m  the  suc- 
cessive changes,  and  did  not  appear  to  have  de- 
rived essential  benefits  from  them,  was  sufficient- 
ly obvious,  and  all  he  desired  to  establish.  The 
conduct  of  Puerrydon  to  Carrera,  since  this  de- 
claration of  independence,  may  serve  further  to 
illustrate  the  character  of  this  new  power.  Cat- 
rera  was  a  Chilian,  the  author  of  the  revolution 
there ;  in  the  decline  of  his  fortune,  he  came  to 
the  United  Slates,  and  after  procunoff  resources 
for  renewed  ^Eoru,  returned  to  La  Puita  to  exe^ 
cute  his  designs;  he  carried  with  him  the  hopes 
and  ffood  wishes  of  all  the  friends  of  freedom  in 
the  United  Slates.  Unfortunately,  he  expected 
asttstance  from  La  Plata,  and  sailed  with  confi- 
dence into  her  ports.  An  expedition  having  been 
prepared  in  La  Plata,  against  Chili,  instead  of 
receiving  aid  fiora  Carrera,  in  the  deliverance  of 
his  country  from  slavery  and  oppression,  the  os- 
tensible motive  for  this  expedition,  he  was  seixed, 
imprisoned,  and  finally  banished ;  the  oaly  satis- 
factioa  he  received  is  to  be  fouad  in  that  part  of 
Puerrydon's  expos^  thai  has  been  read  by  the 
Speaker,  in  which  he  deplores  the  rudeness 
which  he  has  been  compelled  to  show,  so  con- 
tiary  to  the  politeness  and  urbanity  of  his  own 
nature,  and  that  of  hb  Government.  The  mo* 
tivea  Mr  this  course  nsay  be  collected  from  the 
recent  accounts  from  Chili.  A  letter  of  the  7th 
of  October  says,  ^  More  than  eighty  persons  of 
'  the  first  distincftion  have  been  seized  and  thrown 

*  into  dungeons  by  the  military,  on  the  ground  of 

*  attachment  to  General  Carrera,  and  the  ireas- 

*  ures  of  Chili  were  exhausted  by  contributions 
'  to  Buenos  Ayres.  and  thb  people  of  ChiU  are 
'  experiencing  the  benefiu  of  that  kind  of  deUv- 
<  erance  from  the  Royal  Spaniards,  by  O'H^- 

*  fas  and  the  army  of  Buenos  Ayres^  that  Franoe 

*  ane  expeneneed  under  the  Bourbona,  soppotted 


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mSTORT  0¥  COKOBISS. 


182^ 


HtfCB,  I8I1B. 


8potU9h  A.fit6nc&i%  f^rMtfic6#* 


ILorRt 


*  by  the  anuke  of  W^HiBgtOQ  «ttd  Al«»ind«r." 
¥he  ftmtff  of  9fi^n  hkd  n^t  been  exerted  afi^ii«t 
lAis  veW  GtoTeruBseiit^-iiot  a  SMiiiisli  aoldiet  or 
btyonet  hid  been  sent  (Vom  Old  Sptin  sidce  the 
teetoTfttion  of  Ferdivaod.  Wts  the  ttew  Got- 
eromeiit  possessed  of  the  phfsical  and  moral 
strength  to  resist  her  efforts  when  thejr  should  be 
made?  Gentlemen  shonld  not  deeeife  them- 
selTes.  SjMiin,  inert  and  powerless  as  she  was, 
was  a  formidable  power  to  Spanish  America,  by 
the  natore  of  the  GoTernment,  and  the  supersti- 
tion of  its  inhabitants.  She  had  ample  resources 
for  the  purchase  of  assistance,  should  she  be 
driTen  to  this  resort.  The  time  ha4  not  arrired 
whea  the  Spaaiah  Monarch  asked  himself  the 
important  ^uevtiea'— What  part  of  my  do«in«- 
toaa  will  I  awrfender  for  Che  preservation  of  the 
teetl  When  he  ia  willing  to  mnke  gnaat  sacri'> 
Aoea  he  can  procure  ample  aseietance.  Thoae 
who  add  him  sfaipa  Uft  money  will  sell  him  men 
fbr  territory.  His  European  territorits  may  tempt 
Rin8i»^is  possessions  in  the  West  Indies,  Bn|^ 
land — to  assist  him  in  the  subjugation  of  his  re- 
belh'ous  subjects.  He  may  sell  La  Plata  for  Por- 
tugal, and  the  parties  to  the  holy  league  may 
Maranty  their  respective  cessions  to  each  other. 
Shall  we  find  in  La  Plata  the  unanimity,  energy, 
and  virtue^  to  resist  such  arrangements,  where 
Province  u  arrayed  against  Province,  under 
'  Puerrydon  and  Artegas.  viewing  each  other  with 
a  hostility  more  deadly  than  the  proverbiallv 
mutaal  hatred  of  Spaniard  aad  Portv^uese  ?  A 
atill  more  fatal  course  may  be  pursued.  The 
Jkiag  of  8p*ia  mav  choose  to  try  persuittion, 
gtring  to  fingland  the  pramise  of  Owe  commerce 
with  the  Spanish  Alain;  may  he  not  easily  pro* 
cure  another  mediation,  the  condiiioa  of  which 
ahaU  he  the  eoodiiioaal  latern  ef  La  Plam  to  her 
^epoaieat  state  ?  fiogland  kuew  well  hew  to 
make  such  a  mediation  effeetudl.  Let  it  not  be 
aatd  her  honor  fMnds  it,  or  her  interest.  Her 
interetc  is  promoted  by  the  comtneroial  monop- 
oly such  an  arrangement  will  give.  Her  honor 
always  bows  obedient  to  the  dictates  of  her  com- 
mercial interest;  if  she  should  feel  some  quidms 
of  conscience,  the  island  of  Cuba  will  calm  her 
acruples.  But  has  she  ever  promised  more  than 
to  secure  the  commercial  ioaependence  of  Span- 
ish America?  What  a  contemptible  figure 
ahonld  we  make  in  the  eyes  of  all  mankind- 
how  degraded  in  our  opinions--*if  we  should  ree- 
«Kplie  La  Plata,  aad  the  Gov«rament  should 
sRortly  after  voluntarily  retuia  to  the  Spanish 
yoka!  That  the  Oooauttee  might  not  be  de- 
easved  by  the  sappoeed  attachment  folt  by  the 
new  QavecBinent  for  the  United  Statea^-fay  the 
pnffuaUm  of  aa  anaioiB  desire  to  follow  our 
example  and  imitate  our  virtue,  Mr.  F.  would 
neatioD  a  few  facts,  at  once  illustrating  the 
ardor  of  their  attachment  to  the  United  States, 
and  the  justice  and  honor  of  the  Government  in 
iu  dealings  with  ittdtvidmls.  The  American 
bng  Savage,  of  Baltimore,  sailed  to  Boenos  Ayres 
with  a  eurgo  of  military  stores ;  they  there  sold 
them  to  Govttrameat,  to  be  delrrered  in  Chili. 
The  voyage  was  perforoMd;  Ibur  months  elapsed, 


under  various  preieaces,  before  the  cargo  was 
'received,  and  after  this  delay  the  payment  was 
made,  not  according  to  contract,  but  at  the  dis- 
cretion of  the  Government.  The  owner  was 
thus  plundered  of  his  property,  and  injured  by 
this  delay  of  his  plunderers.  The  ship  Bnte»> 
prise,  of  Philadelphia,  Captain  Coffin,  was  em- 
ployed, by  contract,  to  carrv  three  hundred  exiles 
from  Juan  Fernandez  to  Valparaiso,  from  whence 
they  had  been  foraierly  banished  bv  the  roval 
party.  He  was  to  have  received  $7,200.  He 
performed  his  contract — restored  the  exiles  to 
their  country  and  their  homes.  After  a  detea- 
tion  of  two  months,  he  was  paid  ^500--8t. 
Martin,  the  Washington  of  America,  as  he  is 
called,  alleging  that  this  was  enough. 

In  the  armies  of  La  Plata.  English  aad  French 
officers  are  employed  without  scruple ;  Ameri- 
cans seldom,  if  ever.  Our  countrymen  do  not 
suit  their  manners,  opinions,  or  Government. 
Juett,  formerly  of  the  Army  of  the  United  States^ 
and  Kennedy,  formerly  of  the  marine  oeips, 
sought  in  Valparaiso,  in  1817,  commissions  in  tne 
army  of  St.  Martin.  He  suspected  them  of  at- 
tachment to  the  Carreras.  and  threw  them  into  a 
dunaeon,  and  whence  they  were  not  released  ua* 
til  the  captain  of  a  vessel,  who  procured  their 
liberation,  entered  into  an  engagement  to  take 
them  immediately  from  a  soil  they  were  deemed 
unworthy  to  tread.  To  judge  of  the  character  of 
the  nation,  from  the  cruelty  and  harshness,  or  in- 
justice, of  an  individual,  was  not  reasonable;  but 
when  that  individual  was  the  theme  of  universal 
admiration  in  his  own  country,  it  could  not  be 
considered  as  improper  to  make  him  the  standard 
by  which  to  estimate  the  opinions  and  character 
of  his  countrymen. 

Everjr  arrival  from  this  land  of  promise  brings 
us  the  history  of  the  oppressions  of  the  existing 
Government,  and  the  fearful  forebodings  of  our 
countrymen,  that  the  people,  for  whom  oar  aax- 
ious  Wishes  are  hourly  expressed,  will  derive  no 
benefits  from  the  change  of  their  governors; 
that  the  Spanish  power  will  be  restored  in  aU  its 
rigor;  or  that  the  new  authorities  will  ever  be 
exercised  with  the  same  contempt  of  the  pria- 
ciples  of  justice  and  of  freedom,  that  distinguished 
the  ancient  tyranny.  It  might  be  urged,  that  this 
was  newspaper  information,  derived  from  persons 
of  doubtful  authority.  This  objection  was  of  the 
same  force,  in  its  application,  to  all  the  informa- 
tion possessed  of  that  country.  It  was  of  such 
materials  its  history  was  composed.  A  powerful, 
an  irresistible  argument,  to  induce  the  Committee 
to  refrain  from  the  commission  of  an  act  of  doubt- 
ful propriety,  nucht  be  drawn  from  this  source ; 
but  Mr.  F.  would  not  trespass  longer  upon  their 
patieaoe,  exhausted  as  it  mast  be^  bj  attendiag  to 
the  long  and  animated  address  of*^  the  Speaker, 
and  his  own  desultory  reply. 

When  Mr.  F«  concloded  his  epeech,  the  Coa»« 
mittee  rase,  reported  progress,  aim  obtained  leave 
to  sit  again,  on  the  mtimation  of  Mr.  Lowaaaa) 
that  he  propped  to  deliver  hts  views  of  the 
aabieot. 

And  the  House  adjoamed. 


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idu 


HiopR* 


S^juniih  Amariem  Pr&pincm. 


MAftCH,16l9; 


THumsDAT,  Bisreb  26. 

Mr.  PoiifDBXTBR,  from  the  Committee  oo  Pri- 
Ttte  Land  Claims,  reported  a  bill  for  the  relief 
of  John  Johosoo,  Henrf  Perry,  Richard  Crarat. 
and  Beley  Cheoey,  the  legal  representatiyea  of 
John  McGrew.  and  the  legal  representatires  of 
John  Tarnbulli  which  were  twice  read,  and 
eommitted. 

Mr.  P.,  from  the  same  committee,  also  reported 
«  bill  for  the  relief  of  James  Mackay,  of  Missouri ; 
which  was  twice  read,  and  committed. 

The  bill  from  the  Senate  for  the  relief  of  John 
Small,  was  ordered  to  be  reikd  a  thii'd  time,  and 
was  accordioglv  read  a  third  time,  and  passed. 

On  motion  or  Mr.  Tbbrill,  the  Committee  on 
Commerce  and  Manufactures  were  instructed  to 
inquire  into  the  expediency  of  granting  the  con- 
sent of  Congress  to  an  act  passed  by  the  Legisla- 
lature  of  the  State  of  Georgia,  allowing  fees  to 
the  health  officer  and  harbor*master  for  the  port 
of  Darien. 

On  motion  of  Mr.  J.  S.  Smith,  the  Commit- 
tee on  the  Public  Lands  were  instructed  to  in- 
quire into  the  expediency  of  authorizing  some 
other  person  than  the  President  of  the  United 
States  to  sign  patents  for  soldiers'  bounty  lands. 

On  motion  of  Mr.  Flotd.  the  Secretary  of  the 
Navy  was  instructed  to  lay  before  this  House  the 
proceeding  of  the  court  martial  held  for  the  trial 
of  Franklin  Wharton,  lieutenant  colonel  of  ma- 
rines. 

The  Speaker  laid  before  the  House  a  letter 
from  the  Secretary  of  War,  transmitting,  accord- 
ing to  the  direction  of  the  House,  certain  state*' 
ments  in  relation  to  the  expenses  of  general  courts 
martial  since  the  first  of  August,  1812 ;  which 
was  ordered  to  lie  on  the  table. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  hare  passed  bilb  of  the  following 
titles,  to  wit :  An  act  for  the  relief  of  Cata  Bun- 
nell; An  act  concerning  the  bounty,  or  allow- 
ance, to  fishing  Teasels,  in  certain  cases ;  ind«  An 
act  for  the  relief  of  Samuel  Ward ;  in  wnich 
bills  they  ask  the  concurrence  of  this  House. 

The  first  of  the  said  bills  from  the  Senate  was 
read  twice,  and  referred  to  the  Committee  on 
Military  Affairs. 

The  second  of  the  said  bills  was  read  twice, 
and  referred  to  the  Committee  on  Commerce  and 
Mannfiictures. 

The  last  of  the  said  bills  was  read  twice,  and 
referred  to  the  Committee  on  Pensions  and  Rey- 
olutionary  Claims. 

AMEUA  ISLAND. 

The  following  Message  was  reeeifed  from  the 
Prbeidbrt  op  the  United  States: 
TbtkeHouHqfRqfre»entati9e80fihe  lMiUd8tate9: 

I  transmit  to  the  House  of  Repesentativet,  in  com- 
plianee  with  their  reeolation,  of  March  the  20^  such 
ndbimatum  not  heretolbre  communicated,  as  is  in  the 
pnsasssionofthe  EzecutiTe,  relating  to  the  occupation 
of  Amelia  Island.  If  any  doubt  had  before  existed  of 
tbfb  improper  conduct  of  the  persons  who  authorised, 
and  of  those  who  were  engaged  in  the  iuTaslon,  and 
pvafious  occupancy  of  that  ialaiid ;  of  the  nn£riendly 


regor  was  graoiea,  at  i-oiuuieipiiMy  in  oiroct  tio» 
I  of  a  positiTe  law,  and  all  the  measures  pursued 
r  it,  by  him,  in  coUeeting  his  force,  and  oireetiag 
iivements,  were  eqnaOy  unlawAiL  With  the  cob* 


spirit  towards  the  United  SCatea,  with  whioh  il  was 
comoMneed  and  proeecnted,  and  of  its  iajmiiMia  eliMl 
on  their  highest  interests,  particularly  by  its  tendeoflgf 
to  compromit  them  with  firaeign  Powers  in  all  the  nn* 
warrantable  acts  of  the  ad?entnren,  it  is  presnmsd 
that  these  documents  would  remore  it  It  appears,  hj 
the  letter  of  M.  Pesos,  agent  of  Commodore  Auiy^ 
that  the  project  of  seising  the  Floridas  was  formed 
and  executed  at  a  time  when  it  was  understood  that 
Spain  had  resohed  to  cede  them  to  the  United  State^ 
and  to  prevent  such  cession  from  taking  efiect.  Th# 
whole  proceeding,  in  every  stage  and  in  all  its  dreuaa- 
stances,  was  nnJawfnI.  The  commission  to  Generd 
McGregor  was  granted,  at  Philadelphia,  in  direct  tio^ 
lation  {  ' 
under  i 

its  movements,  were  eqnaOy  \ 

duct  of  these  persons,  I  have  always  bem  unwilling  ts 
connect  anv  of  the  Colonial  Govamments;  because  I 
never  could  bdieve  that  they  had  given  their  sanetiem 
either  to  the  project  in  its  origin,  or  to  the  uiissMSs 
which  were  pursued  in  the  executioQ  of  it.  These 
documents  confirm  the  opinion  which  I  have  invalid 
ably  entertained  and  ezpiessed  in  their  fitvor. 

JAMBS  MONBOE. 
Wasuvotov,  March  26, 181& 

A  Uit  of  papers  transmitted  ioiih  the  Presiimfw 
Mcieage. 

Extract  of  a  letter  to  a  gentleman  in  the  Dbtrict  of 
Columbia,  dated  Baltimore,  30th  July,  1817,  with  a» 
enclosure,  being — 

Copy  of  a  letter  from  Sir  Gregor  McGregor,  to  a 
gentleman  in  Baltimore,  dated  Femandina,  17th  ef 
July,  1817. 

The  same  to  the  same,  dated  at  Nasaan,  NewPro^ 
idence,  36th  of  December,  1817,  with  an  enclesuis, 
being 

Extract  of  a  Prodamatian. 

Extract  of  a  letter  to  the  Ssorstary  of  Stale,  dated 
34th  December,  1817,  with  an  endoenre,  bdog  diree-' 
tiona  for  sailing  into  Tampa  Bay. 

Extract  of  a  letter  from  the  same  to  the  same»  dated 
18th  Janua^,  1818,  with  endoeures,  being  directievs 
ibr  sailing  into  Tortola:  Translation  of  a  letter  of 
Marque,  and  of  Naturalization,  granted  by  8ir  Gregar 
McGregor. 

Extract  of  a  letter  to  the  same,  dated  19th  of  Jaii> 
uary,  1818. 

Major  J.  Bankhead  and  Commodore  J.  D.  Henley, 
to  the  President,  dated  Femandina,  30th  of  Jann- 
aiy,  1818. 

Don  y  incente  Pazos  to  the  Secretary  of  State,  dated 
8di  February,  1818. 

Don  Luis  de  Aury  to  the  President  of  the  United 
SUtee,  dated  Femandma,  3dd  of  December,  1817. 

Memorial  of  Don  Vinceate  Pases  to  the  Preddest 
of  the  United  States,  dated  Washingtan,  7th  Febm- 
aiy,  1818 ;  aooompanied  with  several  documents. 

The  Secretary  of  Sute  to  Don  Viacento  Paaos, 
dated  6th  March,  1818. 

The  Message  was  read,  and  ordered  to  lie  on 

the  uble. 

SPANISH  AMERICAN  PROVINCES. 

The  order  of  the  day  on  the  unfinished  buainsas 
having  been  announced — 

Mr.  FoiROBXTBR  moFed  to  postpone  the  farther 
consideration  of  the  bill,  in  order  to  afibrd  time 


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lOM 


Mamw,  1618. 


iS||fllMMi  iim^riCtfll  /^TMfMMMl 


H«ora« 


i(H  tlie  doeamcats  expressly  bearuig  oo  tbe  qiies- 
lUHiy  yesterday  eonoiaaicated,  to  b»  priated  and 
laid  before  tbe  House. 

Alter  eonrersatioQ  retpectiog  it,  tills  motion 
was  aefatired. 

The  House  thea  hayinff  igain  resoWed  itself 
into  a  Coatmittee  of  the  Whole,  oa  the  general 
appropriation  bill ;  and  Mr.  Cult's  laotion  to  in- 
sert an  appropriation  for  a  Minister  to  Bueaos 
Arres  being  yet  uader  consideration — 

Mr.  LowR DBS  addrened  the  Hoose  in  a  speech 
of  about  an  hour  and  a  half,  in  opposition  to  the 

MOItOB. 

Mr.  RoBcaTsoii,  of  LfOuisiana.— I  should  not 
have  risen  to  express  my  opinion  on  the  present 
occasion^  if  I  hsd  not,  at  an  early  period  of  the 
sessioa,  lodieated  my  intention  to  do  so,  when- 
ever a  proper  opportunity  should  occur ;  but  for 
this  eiremnstsnce,  I  should  have  been  contented 
lo  give  a  silent  vote,  for  I  am  well  aware,  from 
my  more  than  usual  ill  health,  that  there  will  be 
notbiag  in  either  the  manner  or  the  matter  of 
my  address  to  compensate  the  Committee  for 
that  attention  which  their  indulgence  may  in- 
doce  them  to  bestow. 

I  unite  with  the  gentleman  from  Soath  Caro- 
lina in  considering  tne  proposition  of  the  Speaker 
as  invoiviag  in  its  decision  the  views  of  thb 
House,  in  respect  to  the  independence  of  the 
Qovemment  of  Rio  de  la  Plata,  snd  as  to  the 
expediency  of  acknowledging  it.  On  both  these 
points,  my  opinions  are  formed,  aad  I  shall  give 
them  utterance,  without  equivocation  or  hesita- 
tion, notwithstaadinff  certain  cabalistic  words, 
of  great  efficacy  with  old  women,  and  men  of 
weak  minds,  of  the  use  of  which  the  gentleman 
from  South  Caroliaa  (Mr.  Lowndbs)  has  availed 
himmlf.  I  allude,  sir,  to  his  remarks  oa  the  dan^ 
gfff  of  war,  and  the  impropriety  of  casting  cen- 
sure oa  the  conduct  of  the  Kxeeutive. 

I  beg  leave  to  assure  the  Committee,  that  I 
have  no  wish  to  involve  the  country  in  war; 
that  I  agree  in  everything  my  friend  from  South 
Caroliaa  has  said  as  to  the  iaappreciable  advant- 
ages of  peace.  I  would  even  go  further ;  I  al- 
most think  that  peace  Is  necessary  to  the  existence 
of  liberty.  Rarely  indeed  does  the  freedom  of 
natiou  survive  the  expensite  and  bloody  contests 
in  which  they  are  too  prone  to  indulge ;  liberty, 
morals,  prosperity,  all  depend  upon  peace ;  they 
are  too  precious  to  be  wantonly  hazarded;  I 
would  sanction  no  measure  that  would  endan- 
ger them  but  under  the  most  imperious  circum- 
stances. Nothing,  too,  is  further  from  my  inten- 
tion than  to  censure  the  conduct  of  the  Executive ; 
so  fmr  from  it,  I  wish  to  give  to  the  President  the 
strongest  proof  of  my  agreeing  with  him  in  opin- 
ion, hj  famishing  him  with  the  means  of  execut- 
ing his  wishes  in  regard  to  the  people  of  South 
America.  Has  he  aot  told  us,  sir,  that  he  feels 
the  siacerest  sympathy  in  their  behalf^  and  has 
he  aot  told  us  further  that  thev  were  a  people 
sanged  ia  civil  war, aad  entitled  to  equal  rights 
with  their  enemies ;  and  can  it  be  otherwise  than 
piatifying  to  him.  that  this  House  should  concur 
la  his  views,  ana  eaable,  nay,  more,  encourage 


him  with  th^  cheeriag  inioeoce  of  its  apnrobik 
tion,  to  give  effect  to  his  beaevolent  aad  kind 
feeluDgs,  and  to  do  justice  to  the  revolutionists, 
by  acknowledging  their  independence^  sending 
them  an  Amlmssador,  and  placing  them  ia  that 
situation  of  equality  which,  he  says,  they  are 
entitled  to  enjoy  ?  Sir,  it  caiuiot  be  otherwise 
than  agreeable  to  the  President  to  know  tbe  opia- 
ion  of  Congress  on  so  momentous  a  subject;  if 
that  opinion,  independently  expressed,  shall  coacur 
with  his  own.  he  will  set  conformably  to  it ;  on 
the  other  hana,  if,  from  the  position  he  occupies  in 
the  Qovernroent,  from  hb  better  information,  oi 
from  any  other  circumstances,  unknown  to  the 
public,  he  shall  think  it  best  to  continue,  ua- 
changjad,  the  state  of  our  relatioas  with  Sooth 
America,  he  will  do  so.  For  one  I  shall  not  ob- 
ject, if  he  does  but  exercise  his  right  to  jud^e  and 
decide  for  himself;  and  I  am  too  much  in  the 
habit  of  pursuing  mv  own  opinion,  to  blame 
others,  whether  in  public  or  private  stations,  for 
exhibiting  a  like  independence. 

But,  the  gentleman  from  South  Carolina  seems 
to  contend,  thst  it  is  tbe  exclusive  right  of  the 
Executive  to  manage  our  foreign  relations ;  that 
he  is  better  inform^  on  these  subjects,  and  that 
this  House  ought  not  to  interfere  so  far  as  to  sug- 

Sest  aa  opinion  or  a  wish,  unless  it  is  meant  to 
e  understood,  that  strong  disapprobation  is  felt 
towards  the  course  which  has  been  pursued*  I 
think,  too,  it  may  be  inferred  from  the  remarks 
of  the  gentleman,  that  the  President  is  not  only 
better  informed  on  all  questions  of  this  kind  than 
Congress  or  the  nation,  but  that  it  is  right  and 
prooer  that  he  should  keep  his  information  to  him- 
self, and  not  part  with  it  too  freely  or  too  frequent- 
ly. Now,  I  dissent  from  all  such  doctrine ;  X  look 
upon  it  to  be  the  duty  of  Congress  to  express  its 
opinion  freely  upon  all  questions  which  coooern 
our  domestic  or  foreign  affairs,  and  I  consider  it 
as  the  solemn  duty  ofthe  Chief  Magistrate  of  a 
popular  Oovernment  to  disseminate  among  the 
people  all  information  that  can  instruct  them  on 
points  so  important  as  their  situation  in  regard 
to  other  Gbvemments. 

I  would  ask,  sir,  how  else  can  the  wise  mea- 
sures of  a  virtuous  administration  receive  rational 
approbation^  or  how  a  vicious  Government  be 
arrested  in  its  mad  career  1  Shall  it  be  justified 
in  maaaging  in  secret  the  whole  interesu  of  the 
public,  in  puinging  into  war  after  a  long  concate- 
nation of  events,  which,  if  known,  mifht  have 
been  prevented,  or  in  allowing  the  nation  to  re* 
pose  in  security,  when,  from  its  own  acU,  or  those 
of  other  Governments,  it  stands  on  the  brink  of 
a  precipice  1  Ought  there  not  rather,  in  such  a 
Government  as  ours,  to  be  the  most  unreserved 
and  frank  communication  of  facts,  of  whatever 
kind  they  may  be  7  Ouffht  there  not  to  be  felt 
and  evidenced,  towards  the  people,  the  most  en- 
tire and  unaffected  confidence  1  Will  the  people 
long  continue  to  confide  in  those  who  manifest 
distrust,  by  covering  their  proceeding,  whether 
of  aa  exurnal  or  internal  nature,  with  a  veil  of 
mystery  and  secrecy  ? 
I  cannot  approve  of  the  observations  of  the 


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H.oi^R* 


iSyNMiM  AfJHf'MffM  jPj  ^IIIMV* 


Mitlefeiiiiii  from  Soatk  CiroHmj  and  I  do  hope 
thtt  the  pteeent  Admin^tration  will  act  on  no 
st^ch  principle  In  the  examination  of  the  pres- 
ent sttbjeet,  I  shall  not  indulge  mjreelf  in  so  wide 
a  riince  as  some  of  the  gentlemen  who  bate  pre- 
ceded tiie.  I  will  endeavor  to  show  that  the 
Qoremment  of  Rio  de  la  Plata  is  independent, 
and  that  it  is  expedient  to  aeknowledge  that  in- 
dependence. To  establish  the  fact  of  its  inde- 
pendence, let  ns  inquire  whether  it  has  declared 
itself  independent  T  Of  this  there  is  no  doubt ; 
this  fact  IS  not  disputed  hf  anf  one.  I  state  it 
thus  specifically,  because  it  is  fir  iVom  being 
iCMlf  an  unimportant  circumstance.  In  onr  oWn 
cnse,  it  was  not  so  considered.  In  the  language 
at  one  historian,  Ramsey,  after  that  event  <*we 
'  no  longer  appeared  in  the  character  of  subjects 
'  in  arms  against  their  sorereigti,  but  as  an  inde- 
'  pendent  people,  repelling  the  attacks  of  an  in* 
'  vading  foe."  And  Marshall  says,  "  we  changed 
'  our  situation  by  the  Declaration  of  Independ- 
*  ence,  and  were  no  loneer  considered  as  subjects 
'  in  rebellion."  From  ttiat  time,  too,  we  date  our 
actual  independence.  It  has  not  been  permitted 
to  be  deferred  tiH  its  acknowledgment  by  other 
nfttions,  nor  until  the  peace ;  and  so  has  the  fact 
been  established,  as  well  by  political  as  judicial 
deci^ons,  both  in  England  and  in  the  United 
States.  Buenos  Ayres  remained  ftiithfol  to  Spain 
under  circtimstances  extremely  fkvorable  to  her 
throwing  off  the  yoke.  When  the  Peninsula 
was  overrun  by  a  foreign  ariny  and  torn  by  do* 
mestic  flection,  the  peome  of  Buenos  Ayres  8ob« 
mitted  to  be  governed  as  a  colony ;  they  were 
wRHng  to  continue  their  former  connexion,  while 
the  G<>vemment  was  in  the  hands  of  Charles,  or 
Ferdinand,  or  Jnntas,  having  the  semblance  of 
power;  but,  when  the  whole  of  the  Peninsula,  ex^ 
cept  Cadiz,  fell  into  the  possession  of  France, 
they  declared  themtfelres  independent ;  this  was 
done  by  the  Viceroy  Clssneroe.  But  the  final 
and  great  act  of  1816  flowed  from  the  people  ^ 
they  then  declared  themselves  independent  of 
Spain  and  the  Bourbons;  established  a  Qovem- 
ment  for  themselves,  and  have  ever  since  enjoyed 
the  most  perfect  exemption  from  everything  like 
foreign  contrd.  They  now  appoint  their  own 
Executive  Magistrate,  their  legislators,  their 
judges,  lay  tales,  raise  armies,  and  build  mvies, 
with  which  tbeynot  only  secure  their  own  inde- 
pendence, but  diEuse  that  blessing  over  the  neigh* 
Doring  Ciovemmeiits  of  Chili  and  Peru.  They 
are  more  independent  than  we  were  at  any  one 
moment  previously  to  the  peace  of  1783.  Their 
soil  is  flree  from  thepoildtion  of  a  fbreign  hostile 
fbot;  iind,  if  it  be  said  that  they  have  their  fkc* 
tions,  so  had  we  ours.  We  had,  in  addition  to 
onr  foreign  foes,  our  tories  and  doinestic  traltore. 
But  it  is  objected  that  the  provinces  are  not  all 
united  under  one  Qorernment,  and  that  Artigas 
is  in  possession  of  the  province  of  Montevideo. 
But  the  possession  of  Artigas  is  not  the  posset^ 
sion  of  Ferdinand ;  the  whole  of  the  Banda  Ori* 
ental  is  as  free  from  his  authority  as  Buenos 
Ayres  itself;  and  the  sole  question  at  present  is  I 
as  to  the  independence  of  Rio  de  la  Plata*  of  iu  I 


former  fi  u repean  master.  The  f twedom  of  Teae^ 
zuela,  New  Grenada,  and  Mexico,  is.  unhiMlty, 
less  assured ;  but  they,  too,  hav^e  declared  them- 
selves absolved  from  die  tyrant's  yoke.  Ifiiny 
years  ago  the  Executive  of  the  United  Bttteft 
laid  before  this  House  the  Constitution  of  Vene- 
zuela, and  a  resolution  was  adopted  bv  the  cottio 
mittee  to  whom  it  was  referred,  declaratery  ttf 
the  interest  this  House  felt  in  their  success,  and 
promising  to  recognise  them  as  indepenlent 
when  they  should  ttike  a  stand  among  the  tMitions 
of  the  world.  In  re^d  to  Buenos  Ayres,  thai 
happy  period  has  arrived ;  and  it  becomes  tfs  to 
realize  the  hopes  to  which  our  proanses  have 
given  rise.  Tne  fate  of  New  Qrenada  has  been 
varions ;  it  has  sometimes  enjoyed  self-govern- 
ment, and  has  been  again  subject  to  the  teoM- 
rary  control  of  the  usurpers  of  its  rights.  The 
gentleman  from  Georgia  tells  us,  that  Mexico  has 
been  preserved  to  the  royal  cause  by  its  own  na- 
tive population ;  that  it  has  not  been  found  ne- 
ceseary  to  send  over  fbreign  troops  to  eeeure  Its 
allegiance  to  its  sovereign.  But  the  gentlenlML 
for^  to  inform  us  that  Mexico  has  been  always 
filled  with  European  troops,  and  that  the  number 
already  there  rendered  any  augmentation  unne- 
cessary. But  for  the  Europeans  in  Mexico^  a 
dissolution  of  its  connexion  with  Spain  would 
long  ago  have  taken  place. 

But,  sir,  for  what  purpose  has  the  gentlenura 
from  Georgia  dwelt  eo  long  and  so  earnestly  on 
the  motives  of  the  people  ol  Sooth  America  for 
declaring  themselves  independent,  and  on  the 
nMnner  in  which  the  struggle  has  been  conduc- 
ed ?  The  only  question  is,  whether  they  are  or 
are  not  independent.  But  the  gentleman  is  as 
mistaken  in  his  views  on  those  subjects,  as  it  is 
unkind  in  him,  professing,  as  he  does,  to  wish 
success  to  their  cause,  to  pass  their  conduct,  die- 
torted  as  it  is,  in  review  before  us,  when  nothing 
i<enders  eueh  investigation  necessary.  The  gen- 
tleman *ays,  that  their  revolution  did  not  begin 
on  prineiples  favorable  to  iadividual  liberty;  tat 
I  would  ask,  sir,  what  revolution  ever  did?  Wiiat 
revolution  ever  stopped  at  the  point  to  reaiah 
which  it  commenced?  What  revolution,  at  its 
origin,  evet  advanced  the  principles  on  which,  in 
its  progress,  it  was  coaduetedf  What  revolu- 
tion  ever  terminated  where  the  particular  grfeHr- 
ances  were  removed  which  gave  it  birth?  A 
candid  examination  of  our  own  history  will  suffi* 
clently  elucidate  these  views.  We  did  not  com- 
mence  our  contest  with  the  mother  country  with 
any  avowal,  whatever  might  have  been  th«  in- 
tentian  of  the  intelligent  and  virtuous,  of  a  wisdi 
to  throw  off  colonial  sot^eetion;  fkrfromit;  oar 
professions  of  attacFhmeni  end  fideHly  to  th« 
monarch  were  never  before  so  f^equ^t  nor  no 
strong.  We  complained  of  trifling  grievat»caa  $ 
proceeded  cautiously  to  remonstrances,  then  to 
reeisfance;  declared  ourselves,  after  a  lapae  of 
some  years,  independent,  and  ultimately  over- 
turned the  entire  fabric  of  that  Govermaent. 
which,  ia  the  beginning,  we  so  oflten  praieed,  and 
merely  aflected  ta  disapprtyve  in  some  comp«m* 
tively  imauterial  points.    80  the  South  Ameri- 


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1680 


ifiBCQi  xaia. 


Spamk  4«Mrt0a<»  iVxnNtfic^ 


H.oirR. 


oui  ptuiots  act  cAotiQoaljr  in  regiird  to  their 
ionmft  mmsten;  profesiff.  for  a  eoDTonient  time^en- 
tire  devotion  to  their  viil,  and  take  idngiitage  of 
dUcumstiaices  lo  eiTw^  the  liberation  of  tbeir 
eoiuktry*  But  I  acknowledge  Uiac  individoal  free- 
dom dots  opt  seem  to  be  with  their  leadere  a  sub- 
ject of  «]ffic«eni  eoocern,  and  perhaps  on  tbie 


on  that  eonneejied  with  their  national  indepeod' 
enee.  Let  it  be  kept  in  riew  that  they  have  two 
neat  objects  to  attaia-^the  one*  obnoxions  to 
i(paj'Q,  their  natiooal  independenee-*^he  other) 
hatefol  to  all  QoTernments,  except  onr  owe,  tn> 
dividiial  liberty.  As  they,  in  common  with  aU 
revolationists,  have  fonnd  it  nece8»ar)[  to  m«»k 
their  deaigna  on  the  first  point,  so  may  it  be  poli- 
tic in  them  to  be  as  sikot  as  possible  in  regard  to 
the  other.  Where,  ihroughoui  this  eoslaved 
world,  are  they  to  look  for  oonotenance  or  sQp- 
]^f  t)  if  they  aihoald  dare  to  annonaee  too  openly 
their  attachment  to  demoeraiic  forms  of  gorenn 
ment?  Will  the  combined  de^)0U  of  Soiope 
snoiilenpoQ  their  efforts?  Can  they  look  aoross 
the  Atbiatic  for  the  cheering  inflaenee  of  appro- 
bation, when  even  here,  in  this  R^imbUe.  thef 
]»eet  with  cold  indiflbrence?  Do  they  not  per- 
^ve  that  the  nations  of  Enrope^althooj^friendly 
to  thtic  independence,  are  hostile  to  their  free* 
dom?  And  may  not  this  aceonni,  if  it  be  true 
indeed,  for  the  oarelesaness^hibitedby  them,  ac- 
oordiag  to  the  eentleman  from  Georgia,  on  the 
anbjeet  of  individual  rishts? 

But  it  is  objected  that  the  Provinces  of  I41 
Plata  are  not  united  under  one  Government;  and 
the  gentleman  from  Sooth  Carolina  soggests 
thai  whole  districts  of  country  are  probably  still 
wulbjfiot  to  royal  authority,  or  governing  them? 
aelvfis  independeotlv  of  Buenos  Ayies;  this  may 
or  may  not  be  the  fact;  but  this  is  certain,  that 
their  distance,  their  want  of  population,  their 
obecnrity,  are  too  apparent  to  have  any  ened  on 
the  present  qoeelioo.  The  gentleman  from  South 
Carolina  advei Is  to  a  mistake  of  tba  Speaker^  as 
i»  the  number  of  the  prorinces  of  La  rlata,  and 
tells  us  that  there  are  no  more  than  thirteen,  in** 
sMid  of  twenty.  Bzclnsive  of  the  ineonsequence 
of  this  diflecenee,  I  would  observe,  that  it  is  far 
frooi  being  certain  that  both  the  yeatleoieo  are 
not  in  error.  Like  them,  I  have  paid  soMe  atlen- 
tkKn  to  the  geosraphieal  hi^ory  of  that  country. 
Mj  reaearehes  have  led  me  to  suppoaa  that  the 
Andiencia  of  Chaicas,  which  includes  the  whole 
of  the  country  sometimes  called  the  €h>veroment 
oi  Boemi  Aytes,  aad  now  the  Government  of 
Rio  de  la  ^ta,  is  divided  into  provinees*  diet 
trials,  and  jorisdictioos ;  that  there  are  aiae  prcv 
viaie^  seven  districts,  and  lour  jnrisdictioas** 
anaking  twenty  ffraad  divisions,  and  some  of 
these  again  are  subdivided  into  snialler  provinceet 
BfU  it  ia  nm  wonderful  that  these  diffefeneas 
ahonld  exist  00  this  umI  many  Other  questions  re- 

rling  Spanish  Ameiiea.  it  was  the  noiiey  of 
Rojrnl  (3overnment  to  ke^  the  world  ignor- 
ant of  that  country,  and  to  keen  the  inhabiiana 
Ignorant  of  each  other.  But,  ho«evM.  aU  Ikis 
mttf  be,  the  inquiry  as  to  the  geogmphical  divis- 


ion  of  Buenos  Ayres,  ia  of  no  importance  in  eel* 
tling  the  Question  of  iu  independence;  this  rests 
oA  Efoad  tacts,  some  of  which  I  have  mentioned^ 
and  which  are  known  to  the  whole  world  i  they 
establish  the  independence  of  the  Government  <Mf 
Rio  de  la  PlaU  beyond  all  di$pttte»  and  it  re*- 
mains  now  to  be  asked,  whether^  we  ought  or 


point  it  is  no  more  difi&cult  to  excuse  them,  than  -ought  not  to  acknowledge  that  indepeadeece  ? 


The  first  question  that  naturally  presents  ilseli^ 
is,  whether  it  is  the  custom  of  our  Goveromenjt 
to  acknowledge  the  independence  of  independent 
natioas?  There  is  no  doubt  of  this  tacL  Is 
there  a  monarchy  in  the  world,  whose  indepen- 
dence we  have  not  recognised,  or  are  not  pm- 
pnred  to  recognise?  However  little  they  may 
merit  respect;  however  insignificant  they  may 
be  in  the  scale  of  nations j  nowever  odious  the 
principles  and  practices  of  their  Govetument* 
their  Representatives  are  greeted  here  at  Wash- 
ingtoa  with  an  attention  the  meet  jBatterinf- 
Have  we  not  an  Ambassador  from  Ferdinand? 
1  mention  him  as  an  odious  monarch ;  and  haiie 
we  not  one  also  from  Louis  XYUl  7  And  will 
it  be  for  a  momei^t  contend^,  that  Rio  de  U 
Plata  is  not  more  independent-  than  Fmnce  ?  li 
Rio  de  la  Plata  in  the  possession  of  a  feeeiga 
Poweri  and  kept  down  by  foreign  baymiele,  or  is 
it  self-governed?  Yet  France  has  her  Rapre- 
sfsntative  here,  while  a  more  independent  pei^e 
are  excluded  from  that  attention  and  reepaet. 
Stir,  if  the  Government  of  Riode  la  Plata  was 
naonarcbical,  three  months  would  not  elanee  be- 
fore its  independence  would  be  recogoisedby  the 
United  Sutes.  I  do  not  mean  to  say  on  aeoount 
of  its  beinn  monarchical  |  but  in  thai  case  it 
would  not  be  aii  object  of  hate  and  jealousy  to 
the  despots  of  Siurope.  They  would  aeknowl- 
edgoits  independence,  and  we  would  then  come 
in  Isggiogon  behind :  we  would  follow  their  ex- 
ample. But  the  political  institution  of  that 
State  are  not  legitimate ;  and,  although  the  legit- 
imates of  Europe  have  no  objection  to  their  inde- 
pendence of  Spain,  they  do  object  to  their  nncbr- 
taking  to  govern  themselves,  without  the  pater- 
nal assistance  of  Kings.  For  mv  part,  I  should 
wish,  on,  suc^  an  occasion,  to^  take  the  lead.;  I 
woold  e;iuli,  as  %  Republican,  in  vieiyiag  my 
own  Goyernment  proudly,  taking  ground  lor  it- 
self and  disd^ioing  the  mqat  iadireat  dictation,  or 
even  imitation,  of  their  satcred  Majesties  of  £»- 
rope.  1  should  like  to  perceive  aoAoof  uaa  litda 
more  of  that  sympathy  ibr  RepubUes,  wiisk 
they  so  strongly  feel  w  eetch  other;  and  at  I 
think  their  policy  wiseinturrouading  then^v^ 
with  Governments  like  their  owni.reaneot  h^ 
beinff  of  opinjoo,  that  we  should  be  stran^Bthaned 
bv  the  estehUihment  of  free  goverameou  ia  this 
western  hemisphere.  Juetioe-to  ourselves  in- 
quires this  course.  We  ought  not  to  haaard  the 
losf  of  the  affeeiioas  of  a  nation  struggling  to  be 
free.  If  we  are  cold  and  indifferent  tpwarda 
ihem^  6adi^  themaelves  utterly  abandonedi  when 
they  had  aright  at  leas^  to  renpeei  and  counter 
nnnee,  they  will  adopt  the  principle*  ^aich,  how- 
aver  injuriona  to  their  civil  rights*  »^wa  ib^  the 
smilea  of  meeereha,  and  separate  them  trom  the 


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m^TOKT  OF  CONGRESS. 


1582 


K,  <nF  iw 


SpQUtUn  AWUTwCOH  /^rOVMIMt* 


Maeoh,  181S; 


ta^nMl  defpotiaiB  of  FerdiDand.  Sir,  under  eir- 
cmnstaBees  mueh  more  periloas,  we  haye  acted 
witb  more  manlmess;  we  have  disdained  to  be 
drawn  from  that  coarse  which  a  doe  regard  to 
oorte4Tes,  as  well  as  to  others^  required.  When 
Prance  rose  in  the  majesty  of  her  strength,  and 
broke  the  chains  of  a  monarch's  sway »  when  the 
Kings  of  Europe,  terrified  and  enraged,  combined 
to  strangle  in  its  birth  the  infant  freedom  of  the 
world;  when,  so^ar  from  recognising,  they  clad 
thenMeUes  in  armor  to  annihilate  the  Republic; 
when  our  aristocratic  Minister  at  Paris  gare  us 
to  underatand  that  an  acknowledgment  of  the 
Republic  would  prore  fatal  to  our  own ;  then, 
oen  then,  comparatiTely  feeble  as  we  were,  des* 
tkute  of  the  population  and  resources  which  we 
BOW  possess,  the  EiecutiTe  formed  the  ma^nani* 
uous  resolution  to  receive  the  French  Minister. 
I  beg  leafe  to  call  the  attention  of  the  Com* 
mittee  to  the  ?ery  words  of  the  immortal  man 
who  then  presided  oTer  the  Etecuttve  depart- 
neat ;  the?  deserve  to  be  deeply  engraved  on  the 
fliemory  of  every  American  statesman.  In  a  let- 
ter at  that  time  written  to  Mr.  Morris,  our  Am- 
bassador at  Paris,  General  Washington  observes: 
*That  the  right  of  ererjr  nation  to  govern  itself 

*  according  to  its  own  will ;  to  change  itsConsti- 

*  totioA  at  discretion,  and  to  transact  its  business 

*  through  whatever  agents  it  might  think  proper, 

*  were  principles  on  which  the  American  Qoj' 
'ornment  itself  was  founded,  and  the  application 

*  of  which  could  be  denied  to  no  other  people." 
Do  we  not  deny  the  application  of  this  principle 
lothe  people  of  Buenos  Ayres?  And  if  it  be 
the  principle  on  which  our  Government  was 
founded,  do  we  not  abandon  it  ?  Were  they  not 
provinces  likeourselvesl  Have  they  not  changed 
iheir  institutions  and  their  agents?  If  the  prin- 
oiple  be  true  in  respect  to  ourselves,  is  it  not 
equally  so  in  regard  to  others?  And  do  they  not 
present  precisely  the  case,  on  the  happening  of 
which  General  Washington  considers  the  recog- 
niclon  of  them  as  necessarily  ffrowing  out  of  the 
elementary  principles  on  which  our  own  Govern- 
ment sunds  ? 

Sir,  there  was  a  party  at  that  time  opposed  to 
the  acknowledgment  of  the  French  Republic ; 
the  question  whether  a  Minister  should  or  should 
ftot  be  received,  was  submitted  by  the  President 
fo  bis  Cabinet,  as  it  is  called.  Mr.  Hamilton  and 
OenemI  Knox  were  opposed  to  receiving  a  lliln- 
i^r;  Mr.  Jefferson  and  Mr.  Randolph  in  favor 
«f  doing  so.  General  Washington,  wno  had  pre- 
"nwnkj  made  up  his  own  opinion,  pursued  the 
course  recommended  and  susuined  by  the  latter 
getttlemen.  Mr.  Genet  was  received.  We  did 
not  wait  for  other  nations  to  set  us  the  example; 
we  were  not  afraid  of  their  displeasure,  although 
they  were  all  combined  in  arms  to  put  down  tluit 
Gorerameat;  we  acted  as  we  chose,  we  acted  as 
became  the  dignity  of  a  free  people;  then  the 
ery  of  danger,  the  alarm  of  war,  which  were  in- 
eessaatly  rung  in  the  ears  of  the  public,  were 
disregarded ;  we  scorned  the  fear  of  punishment 
for  exercising  a  rights  for  performing  a  duty. 
Bnt  ft  is  a  curiow  foet^  and  one  that  places  our 


present  course  of  procedure  in  a  most  singndar 
and  unfavorable  aspect,  that  the  policy  of  Wash- 
ington  was  deneunced  mb  timid  and  unfriendly  to 
France.  The  Republicans  of  that  day,  at  the 
bead  of  whom  stood  our  two  last,  and  our  pres- 
ent Chief  Magistrates,  were  dissatisfied  with  the 
coldness  and  indifference  of  the  then  President 
towards  a  people  struggling  to  establish  the  great 
principles  tor  which  we  had  so  nobly  contended. 
Who  were  right  and  who  were  wron^f,  it  is  not 
for  me  to  decide,  but  General  Washington  re* 
ceived  a  Minister  from  Fmnce,  when  a  political 
war  was  waged  against  her  by  all  Europe  eooi- 
Uned.  He  recognised  that  Republic  when  it 
was  outlawed  throughout  all  the  world,  when 
our  population  was  comparatirely  small,  when 
our  resources  were  insignificant ;  while  we,  at  the 
present  day,  when  there  is  no  war  against  the 
radependenoe  of  the  people  of  Buenos  Ayres^ 
while  they  are  not  denounced  or  outlawed^  when 
indeed  their  independence  would  be  to  the  inter- 
est of  ail  other  nations;  when  our  strength,  phy- 
sical and  moral,  is  augmented  to  boundless  re- 
sources ;  and  above  all,  when  there  is  no  danger, 
we,  I  say,  do  not  by  any  means  go  as  far  as  that 
Administration,  whose  caution,  as  it  was  theft 
called,  was  so  offBttsive  to  the  Republicans  of 
that  day ;  for  what  reasons  and  from  what  mo- 
tives, I  can  neither  comprehend  nor  oonjecture. 

Bat,  although  I  have  succeeded  in  proving  the 
independence  of  Buenos  Ayres,  and  in  showinr 
that  it  is  agreeable  to  the  usaffes  of  the  United 
States  to  recognise  the  independence  of  independ- 
ent Gorernmenu,  vet  it  will  be  said  that,  in  this 
case,  we  should  deviate  from  our  accustomed 
course,  for  fear  of  involving  our  country  in  war. 
If  this  were  a  sufficient  reason,  if  it  were  Tery 
honorable  to  acknowledge  ourselves  deterred  from 
doing  what  we  have  a  right  to  do,  from  what  we 
are  accustomed  to  do,  yet  the  reason  is  utterly  un- 
founded in  truth ;  for  why  are  we  to  be  involved 
in  war,  and  with  whom,  no  one  can  tell ;  there 
will  be  no  war,  there  is  no  danger  of  war;  in 
truth  J  war  rages  nowhere  but  m  distempered 
itnaginatiotts. 

Is  it  a  cause  of  war  that  we  acknowledge  the 
independence  of  any  Gtovernment  whatever?  It 
never  was  ao  considered.  Consult  jurists  and  hia- 
torians—examine  faeu  and  theory — I  venture  t» 
assert,  that  the  simple  recognition  of  indepeod- 
ence,  without  aid  or  compact,  was  never  deemed 
a  cause  of  war,  and  never  did  produce  it ;  the  deo* 
laration  of  war  hj  England  against  Prance,  dur- 
ing our  Revolution,  has  been  frequently  men- 
tioned as  proving  the  position  for  which  our  ad- 
versaries contend.  A  brief  staument  of  foots  will 
show  how  fallacious  is  such  a  conclusioa.  TiMkt 
France  did  not  content  herself  with  simply  ae- 
knowledgiog  our  independence,  but  at  tike  same 
time  that  she  guaranued  that  independence^  aii4 
entered  into  treaties  with  us,  that  it  was  for  her 
effrontery  in  makiag  treaties  with  her  rerolted 
colonies  that  England  resolved  on  veiigeaiiee, 
are  focts  as  notorious  as  any  in  the  lustory  of  tbmt 
interesting  era. 

Rnmsey  laHB  us  that,  after  the  capture  of  B«ff* 


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fflSTORT  OF  OONORBSB. 


1&84 


Maeoh,  1818. 


9pam»h  American  Prrmnce$, 


H.  OP  R. 


|oyne^8  MTmjj  tfaeEing  of  Fraoee  determined  to 
take  us  by  the  hand  and  imblicly  to  espouse  our 
cause,  and  that  out  Commissioners  at  Paris, 
Franklin,  Dean,  and  Lee,  were  informed  hj  Mr. 
Gkrrard,  one  of  the  Secretaries  of  the  Council  of 
Btate,  "  that  it  was  decided  to  acknowledge  the 

*  independence  of  the  United  States,  and  to  make 
'  a  treaty  with  them ;  that  his  most  Christian  Ma- 
^  jesty  desired  the  treaty  once  made  should  be  do- 
'  rable;  that  he  was  fixed  in  his  determination  not 
'  only  to  acknowledge,  but  to  support  their  inde- 
'  pendence,  and  that  the  onlr  condition  heshobld 
<  require  and  rely  on,  would  be.  that  the  United 
'  States^  in  no  peace  to  be  made,  should  giye  up 

*  their  independence,  and  return  to  their  obedi- 

*  ence  to  the  British  {^oremment."  Conforma- 
Ut  with  these  preliminaries,  Louis  XYL,  on  the 
6tn  of  February,  1778,  entered  into  treaties  of 
amity,  commerce,  and  alliance,  with  the  United 
States,  and  became  the  guarantee  of  their  sorer- 
eignty,  independence,  and  commerce.  The  al- 
liance between  France  and  America  was  soon 
known  to  the  British  Ministry,  and  the  Kiog  and 
Parliament  reaolved  to  punish  France  for  treat- 
ing with  their  subjects.  It  will  not  be  denied  that 
here  there  was  cause  enough  for  war ;  but  how 
different  from  all  this  is  the  proposition  for  the 
timple  recognition  of  the  independence  of  La 
Plata !  But  from  whom  are  we  to  apprehend 
war— 'from  the  Spaniards  7  The  idea  is  too  ridic- 
viotts  to  be  for  a  moment  entertained.  The  Ad- 
ministration has  gifen  them  quite  cause  enough 
for  war  alreadv,  by  taking  possession  of,  and  hold- 
ing a  part  of  their  territory,  and  that,  too,  in  spite 
of  the  protest  of  their  Minister.  We  are  at  this 
moment,  too,  ioradio^  their  country  in  pursuit 
of  Indians;  the  truth  is,  they  cannot  make  war 
against  us,  and  our  GoTernment  know  it.  How 
can  they  do  so — ha?e  they  troops  to  spare  ?  Why, 
they  are  unable  to  send  a  single  regiment  agaiost 
•ome  of  their  proTinces;  and  their  troops  in  those 
where  they  hare  any  are  diminishing  daily.  I 
do  think  we  are  in  no  imminent  danger  from 
Spain  ;  but  perhaps  France  may  resent  our  send- 
ing a  Minister  to  La  Plata.  Poor  France,  tramp- 
led, humbled,  and  subdued — I  will  pass  by  her — 
but  Bngland  may  be  disposed  to  chastise  us,  if  we 
etmntenance  the  rebel  Americans.  Now,  I  wilt 
Yenture  to  assert  that  there  is  not  an  intelligent 
man  in  the  United  States^  that  does  not  know 
that  Bngland  is  as  much  interested  in  the  inde- 
pendence of  South  America  as  we  are,  that  she 
hma  done  more  to  promote  it,  and  that,  from  erery- 
Ihiog^  that  we  can  obeerre,  she  is  as  liberal,  in  all 
respects,  to  the  great  cause  in  which  they  are  en- 
gaged as  we  can  pretend  to  be.  We  may  hush 
our  afarms  on  that  score — Bngland  will  not  make 
war  upon  us;  from  the  present  state  of  Barope, 
I  beliere  we  shall  not  have  another  war  with  that 
nation ;  I  am  sure  we  shall  not,  unless  for  a  better 
cause  than  our  recognition  of  the  independence 
of  La  Plata. 

Mr.  Chairman,  the  combined  despots  of  Burope 
cannot,  as  formerly,  indulge  themselres  in  the 
royal  spert  of  arms;  they  cannot  waijgre  wars  of 
amuaement  or  ambition ;  they  are  sufficiently  em* 


ployed  in  keeping  their  own  subjects  in  subordi- 
nation. Admirable  as  their  Qorernments  may 
be.  something  like  coercion  seems  necessary  to 
impress  that  opinion  on  the  minds  of  their  people. 
The  armies  ot  Burope  are  not  now  intended  to 
guard  against,  or  to  make  foreign  conquests ;  they 
are  to  keep  their  inhabitants  in  slavery,  and  the 
kings  on  their  thrones;  three  millions  of  soldiers 
in  arms  are  all  necessary  for  that  purpose;  they 
hare  no  occasion  to  look  abroad  for  employment; 
they  need  not  come  across  the  Atlantic.  Sir,  the 
impulse  giren  to  the  human  character  by  the 
American  and  French  Rerolutions  still  sur?i?e8; 
the  principles  of  despotism  and  superstition  are 
dead-^they  do  not  suit  the  age;  they  may  besut*- 
tained  a  little  longer  by  the  force  of  bayonets,  but 
the  loTe  of  liberty  lites  in  the  heart,  will  again 
before  long  hare  utterance,  and  ultimately  suc- 
ceed and  triumph.  Blind,  indeed,  must  that  man 
be,  who  does  not  see  in  the  large  standing  armies 
of  the  QoTernments  of  Burope,  the  fear — the  just 
fear — in  which  they  stand  of  those  whom  they 
rule  and  oppress.  Sir,  we  may  manage  our  own 
affairs  in  our  own  way,  without  the  fear  of  kings 
before  our  eyes.  They  have  enough  to  do  to 
keep  things  in  order  at  home;  their  Tigilanee  i^ 
more  and  more  necessary  e?ery  day ;  if  they  re- 
lax, they  are  hurled  from  their  usurped  dominion. 
I  rejoice  in  this  state  of  terror  ana  alarm,  and  I 
most  seriously  wish  that  many  years  may  not 
pass  away  before  sufficient  proof  may  be  giren 
that  their  fears  are  not  unfounded  and  Tisionary. 
Bat,  sir,  admitting,  as  is,  on  the  main,  gener- 
ally admitted,  that  war  would  not  be  the  conse- 
quence of  sending  a  Minister  to  Buenos  Ay  res, 
yet  it  is  contended  that  we  have  no  interest,  com- 
mercial or  political,  in  their  independence — in- 
deed, it  is  pretended  that  it  would  be  better  for 
us,  that  they  should  continue  in  a  state  of  colo- 
nial subjection.  Sir,  I  feel  an  aversion  seriously 
to  combat  so  vile  a  proposition.  I  cannot  beliere 
that  the  happiness  of  others  is  incompatible  with 
our  own— such  a  principle  does  not  enter  into 
the  great  scheme  of  nature— -it  is  the  pitiful 
emanation  of  counting-house  calculation,  and  is 
as  untrue,  cs  it  is  unwonhy  of  anything  bat  con- 
tempt. Sir,  the  independence  of  South  America 
is  the  common  cause  of  all  commercial  Powers^ 
for  the  question  is,  whether  its  trade,  by  the  sub- 
version of  its  independence,  will  be  again  mon- 
opohted  by  Spain;  or,  by  the  establishment  of  it, 
laid  open  on  equal  terms  to  all  the  world;  whether 
it  is  our  interest  to  participate  in  the  commerce 
of  the  colonial  possessions  of  Spain,  amounting 
in  exports  and  imporu  to  two  hundred  millions 
of  dollars,  or  to  be  excluded  from  it  entirely. 
This  is  the  view  of  the  subject;  for  it  most  not 
be  forgotten  that  a  retarn  of  these  countries  to 
the  state  of  colonies,  brings  along  with  it  the  coa*> 
comitant  effi^ts  of  the  monopoly  enjoyed  by  the 
Metropolitan  government.  The  commerce  which 
we  now  enjoy  would  be  lost  to  us;  and  when  we 
take  into  consideration  the  number  of  our  ves- 
sels already  engaged  in  trade  with  the  Atlantie 
ports,  as  well  tts  those  with,  and  without  licensea, 
interchangtog  their  cargoes  with  those  on  the 


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HISTORY  OF  CONGRESS. 


1580 


H.opR. 


Spanish  American  Provinces, 


March,  1818. 


Pacific,  we  cannot  even  now  doubt  of  its  import- 
ance. Our  navigation  would  be  benefited  by 
carrying  for  them  a  portion  of  their  valuable  pro- 
ductions to  Europe,  and  returning  to  them  the 
manufactures  of  that  quarter  of  the  world  in  ex- 
change. In  carrying  our  productions  too,  wherever 
we  might  obtain  the  means  of  purchasing  com- 
modities suited  to  their  markets,  our  manufac- 
tures, too,  if  we  become  a  manufacturing  people, 
will  then  find  additional  demand;  and  I  believe 
it  may  be  also  established,  that  our  agriculture 
would  receive  essential  benefit.  It  may  be  fairlv 
assumed,  that  the  price  of  the  raw  material  will 
^  enhanced  in  the  proportion  of  the  demand  for 
the  manufactured  article;  and  the  demand  for 
the  manufactured  article  depends  upon  the  num- 
ber, the  wants,  and  the  wealth  of  the  consumers. 
Who  can,  then,  deny  that  these  facts  depend 
materially  upon  the  independence  of  South  Ame- 
rica? Independence  will  bestow  upon  the  peo- 
ple every  blessing — it  will  add  to  their  numbers, 
to  their  industry,  to  their  wealth,  to  their  dis- 
position and  their  ability  to  consume  commodi- 
ties, many  of  which  will  be  manufactured  from 
oor  raw  materials — thus  giving  encouragement 
to  agriculture;  and,  being  conveyed  to  them  by 
Mir  vessels,  adding  to  the  pros]>ects  of  commerce, 
aod  the  prosperity  of  navigation.  An  estimate 
of  the  value  of  a  free  commerce  ought  not  to  be 
made  from  the  present  situation  of  this  interest- 
ing and  unfortunate  people,  depressed  and  poor 
from  the  combined  effects  of  superstition  ana 
despotism,  habituated  to  privations,  and  ignorant 
of  the  importance  of  the  world  to  them,  or  of 
Uiemselves  to  the  world.  Their  present  value  in 
the  scale  of  nations  is  comparatively  inconsidera- 
ble, yet  their  imports  and  exports  exceed  our  own, 
and,  when  we  reflect,  under  the  colonial  system, 
OD  tne  necessarilv  enormous  price  of  imports  pur- 
chased exclusively  from  Spain;  or,  if  obtained  in 
any  other  country,  burdened  and  clogged  with 
heavy  duties,  payable  into  the  King's  treasury, 
we  may  arrive  at  something  like  just  conclusions. 
When  looking  into  futurity,  we  find  millions  of 
slaves  converted  into  freemen — their  iodusrry, 
their  wealth,  and  their  wants  increased,  the  pro- 
ducts of  their  labor  augmenting  in  value,  and 
the  articles  of  their  consumption  diminishing  in 
price.  But  I  do  not  consider  the  direct  pecuni- 
ary advantages  to  our  country,  however  great 
and  certain  wy  may  be,  as  of  so  much  import- 
ance as  the  political  and  moral  effects  growing 
out  of  a  liberal  and  manly  policy  towards  that 
MOple.  It  will  have  a  tendency  to  give  us  con- 
&4eao9  in  the  firmness  and  virtue  of  Qovern- 
mieat-^it  will  prove  that  it  is  not  forgetful  of 
tha  hiAb  character  which  belongs  to  us  as  a 
ppwerlul  aAd  free  people-*that  tne  reputation 
w§  have  acquired,  at  the  expense  of  so  much 
Uood  and  treasure,  is  not  to  be  sacrificed  by 
timidity,  or  an  undue  spirit  of  accommodation 
towiuds  the  monarchs  of  Europe— that  we  will 
do  what  our  principles  require,  in  spite  of  ima* 
ginary  terrors,  artfully  excited  by  the  enemiea 
of  freedom-^ia.fi&e,  tfaati  cautious  of  giviofl  just 
caaae  of  oflenoel  we. will  parson  tho  (MUh  oTfidel* 


ity  and  honor,  in  defiance  of  the  views  and  wishes 
ot  those  whose  political  institutions  make  them 
necessarily  hostile  to  human  happiness  and  huoiaii 
rights— that  we  dare  at  least  do,  what  we  are  soar 
tained  in  by  right  and  truth,  in  favor  of  the  liber*- 
ties  of  mankind,  without  being  deterred  by  thoae 
who  promote,  with  unhallowed  violence,  at  the 
expense  of  every  sacred  obligation,  the  dogmas  of 
priestcraft,  and  the  doctrines  of  despotbm.  And 
if  we  are  asked  by  the  officious  and  intermeddling 
representatives  of  kings,  why  it  is,  that  we  not 
only  feel,  but  manifest  sympathy  for  a  people 
struggling  to  be  free,  let  us  refer  them  to  their 
own  unholy  combinations,  in  support  of  the  ejce* 
crable  principles  of  their  government — let  as  tell 
them  of  their  wars  for  thirty  years  past  against 
liberty— that  if  the  safety  of  monarchies  ia  En- 
rope  depends  on  the  annihilation  of  republics,  the 
security  of  a  republic  in  America  will  not  be  in- 
jured by  other  republics  growing  up  bv  iu  side; 
and  that,  if  they  have  presumptuously  broken 
down^  by  force,  whatever  stood  in  the  way  of  the 
establishment  of  tyranny,  we  may  at  least  hoot 
to  be  forgiven  for  going  so  far  as  to  assert  an  aV 
stract  proposition  in  favor  of  freedom ;  for,  send- 
ing or  receiving  a  Minister  from  La  PlaU  is  no 
more. 

Mr.  Chairman,  this  firm  and  open  coarse  of 
conduct  would  be  worthy  of  the  excellence  of  tke 
Government,  which  it  is  our  pride  and  our  boast 
to  enjoy — it  is  due  to  ourselves.  Gentlemen  any, 
that  the  people  of  South  America  have  i)o  ciaiou 
upon  us.  I  do  not  advocate  the  measure  un- 
der consideration,  on  any  such  ffround.  I  do  not 
believe,  that  the  Government  of  La  Plata  has  not 
only  no  claim  upon  us,  but  that  they  wish  from 
us  nothing  but  an  acknowledgment  of  their  inde- 
pendeoce^a  measure,  in  justice,  due  as  much  to 
ourselves  as  to  them.  It  gives  me  much  pleasure 
to  believe,  that  they  neither  wish  nor  require  one 
aid.  We  have  nothing  that  they  want — thef. 
have  money  and  arms,  and  a  brave  popul&tioai 
resolved  to  be  free.  They  only  wish  to  be placedL 
by  a  Republic,  on  a  level  with  other  estaMishea 
Governments.  This  we  do  not  refuse  to  mpnafo 
chies,  and  we  ought  to  exult  in  an  opportunity  of 
being  the  first  to  do  so  in  regard  to  a  people>  like 
ourselves,  freed  from  the  yoke  of  colonial  Tassalr 
ase.  In  the  event  of  future  wars,  the  political 
character  of  South  America  will  be  of  much  im- 
portance. If  they  are  reduced  to  coloniea,  or  set 
duced  by  the  flattering  attention  of  Kings,  an4 
driven  by  the  cold  neglect  of  the  United  Stales  to 
adopt  monarchical  institutions,  their  weight,  theif 
wealth,  their  boundless  resources,  may  all  add  to 
the  torrent  which  may  threaten  to  overwhelm  oa 
— but  should  they  all  ultimately  prevail  not  only 
in  establishing  independence,  but  free  Govem** 
ment,  we,  instead  oi  Europe,  would  enjoy  thes« 
advantages,  or  at  least  the  ne(j^ive  benefit  of  tlieic 
neuuality.  That  the  commerce  and  independ- 
ence of  millions  of  individuals,  occupying  a  conm« 
try  abounding  in  the  richest  prodactions  of  the 
world,  shooldbe  nnimportant  and  oninterestiag  to 
Uf,  is  an  idea  far  beyond  the  reach  of  my  eomnce* 
heoaion.    Snch  an  opinion  muat  grow  oot  ot  iw 


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I68S 


BiAftCB,  itts; 


H.  o»  R* 


•Miqoitf  of  yww9  uid  ptrfvnity  of  intelleet,  pe- 
eular  to  the  £nr  by  wbom  il  is  eBtcrtauied. 

h^  the  pvogrts  of  this  debate,  sir,  I  here  been 
fery  forciblf  stnnk  with  a  eirBiimstaBee  which  I 
proceed  to  meatioa :  The  geatleinaB  from  Gteor- 
fia  is  mocA  ahirmed  at  the  strong  aii4  fearfoi  pro- 
positieo  of  tiie Speaker.  And  the  gentleman  from 
Qeoigia  teUe  us,  that  be  is  decidedly  in  favor  of 
tateg  postessioB  of  Florida,  whilst  the  geittie- 
man  fcom  Keatveky,  on  the  other  hand,  objects 
to  the  prvpositioii  oc  tte  gentleman  from  Geor- 
gia, ae  bemg  infimlely  too  hostile,  and  fravghc 
wiih  the  very  daogeia  improperly  attributed  to 
hBowa ;  wlulst  a  iacge  ma^omy  of  the  Commit- 
ice  seem  to  object  to  the  propositions  of  both  the 
gentiemeiL  on  the  score  of  their  beUigereat  char- 
aeter.  Now,  for  myself,  I  think  my  eootse  is 
ekar.  I  egne  with  both  the  gentlemen***-!  wsould 
snd  a  liwister  to  Boenos  Ayree^  beoaase  we 
bun  a  right,  «id  it  is  eor  doty  to  do  so,  aiul  I 
think  it  a£o  a  iiarmless  and  inoifensive  mensme^ 
Aad  I  wonJd  fake  possession  of  Florida— I  woold 
§tm  the  fiftiectrtivse  efficient  snppoit— -I  woold 
mMt  thea^  after  iumn^  so  eleariy  and  so  fruit* 
lemiy  ertabliahed  ear  eiaiBis  agaiastSpain,  to  do 
the  nation  jostiee*  I  wonld  prove  to  the  world, 
that  the  many  grievances  of  which  we  have  for 
so  many  yews  so  bittefl}r  oomplained,  were  really 
sMt:  tns  the  debt  which  was  demanded,  was 
really  Am,  and  that  it  shook!  be  paid*  I  would 
aei  auilir  these  ^nosj  so  important  to  the  rights 
aad  the  character  of  the  United  States,  to  exist 
aa^  1  Paget  as  mere  themes  for  diplomatic  dex'^ 
serity  aad  diseaasioa-^I  woold  after  15  or  18  years 
aease  to  write  or  talk  about  them— I  woold  se- 
qaester  the  ai^oiniag  territory  of  Spain,  till  «he 
agreed  to  do  us  jnstioo-*!  woold  take  Florida 
fiom  Fenttnand,  and  sire  the  same  reasons  lor 
doing  so  as  those  which  had  indoeed  us  to  take 
Amelia  lalaad  from  the  patriots.  I  woold  say  it 
is  aa  aeyktm  for  ranaway  negroes;  that  it  is 
a  laeaiie  by  wiMeh  Africans  are  smoggled  iaio 
Ike  Soathern  States;  that  it  furnished  facilities 
&r  the  Tudatioa  of  oar  laws,  to  the  serious  injury 
of  oar  reveaoe;  all  these  £icts  are  as  true  in  te^ 
laciea  to  the  other  pans  of  Florida  as  to  Amelia 
iilaad,  and  troa  to  a  mach  more  mischievaas  ex- 
teat.  But  in  addition  to  thpcse  seasons.  I  wouU 
sMiOi  others  eieftnsively  applicable  to  Florida.  Is 
mt€  Fkddailled  with  a  population  the  most  hor- 
fthla  to  eaeoaoter.  ceni|waed  of  negroes  and  In* 
diaas,  yrho  carry  desolation  aad  desih  among  our 
ftoaiier  iahabiamu?  Aad  is  not  Spain  boand, 
Iqr  tha  sakmasttpakiien  of  tveaty,  to  preserve  us 
from  the  destruction  which  she  now  so  calmly 
wiasewses  ?  Are  the  wraage  of  oar  oi^zeos,  and 
thaaaoreioos  expense  to  which  we  are  driven  to 
peoieet  tiieaa  from  farther  injury,  unworthy  of 
eoasideratfon? 

I  wwM'  then  taks  possession  of  Florida;  aad 
I  asaold  uke  pososiiion  of  it  openly,  aad  above 
beard :  I  would  approach  the  subject  by  no  ini^ 
leet  ooarte ;  I  woald  aet  in  the  face  of  the  world ; 
lappof  tad  by  eonscious  rectitude,  1  would  be  pre- 
peosd  to  meat  whaoiver  coaseqoeaees  might  en- 
eue.  Aad  it  iaaot  the  great  and  unholy  destroy- 
15th  Con.  let  Sxse. — 49 


ere  of  the  independenoe  of  aatbas  in  Burope, 
those  who  have  reduced  to  their  dominion  whom** 
soever  they  pleased,  wherever  situated,  whethei 
ia  America,  Europe,  Asia,  or  Africa,  from  whom 
I  should  apprehend  reproof.  Their  coaduet  ia 
regard  to  others,  has  indeed  been  black}  oars 
would  stand  the  test  of  the  most  scrutinizing  ex^ 
amtnatioB.  I  think  their  objections  mi|^t  be  sue* 
ceeBfttlly  met  by  a  short  catalogue  of  their  ovra 
acts;  a  concise  recapitulation  of  their  own  aai« 
bitious  and  iniquitous  practices. 

Having  now,  Mr.  Chairman,  however  aasue* 
oeasfoUy,  attempted  to  show  that  the  Gtovetuanai 
of  La  Plata  is  mdepeadent;  that  it  ic  agreeable 
to  common  ueaffe  to  aoknowledga  the  iadqpead^ 
COM  of  mdepeadeat  Govormneats,  that  saoh  so- 
knowledgment  isntita  jast  eanaeof  war,  aad  ia  this 
castt  could  not  produce  itj  I  cannot  hue  heae  that 
the  proposed  appropriation  will  be  agreed  ta.  it 
will  be  considered  by  the  world  as  aa  exptessioa 
of  the  opinion  of  the  Represeatativea  of  the  peo* 
pie  of  the  United  States,  on  a  subject^  gsaat  iav- 
pof  taaee }  il  will  be  oonsiderad  in  no  other  Ught^ 
it  is  ridiculoaB  to  connect  it  with  what  the  Preh^ 
ideat  has  done  or  said;  it  will  be  viewed  aadet 
a  more  important  aspeci— it  will  evideaee  the 
deep  interest  which  is  fek  by  the  people  of  North 
America  in  the  shuatioa  of  their  brethren  of  the 
South;  it  will  add  in  after  ages  to  our  fama aad 
honor;  it  will  show  that  we  at  least  are  net  a* 
different  to  the  poUtioal  time  of  maa.  0i^  I  ftel 
a  warm  interest  ia  the  fntare  prospentjr  of  Seath 
America;  it  ought  not  to  renmin  in  ita  premnt 
debned  and  humbled  state.  Nature  has  dona  too 
uMch  for  it  to  intend  that  ail  the  blessings  it  has 
bestowed  should  be  bestowed  in  vain;  that  ka 
beneficent  plan  should  be  marred  by  a  capdciovs 
tyrant.  The  diversity  of  its  oltmotes,  iu  varioas 
productions,  its  peculiuly  happy  situatioa,  lyam 
between  the  other  quarters  ot  the  world,  wim 
ports  on  the  Atlantic  and  Pacific  oocMe;  itelaige 
rivers  and  fertile  soil,  all  give  it  a  disttfagnished 
station  in  the  universe.  But,  sir,  it  is  saidhy  the 
gentleman  from  Georgia,  (Mr.  Foaarr^)  that 
Its  inhabitanu  are  at  present  neither  ficee  aor  it 
for  the  eojoyaient  of  freedom.  I  do  mfaat,  sir, 
that  despotism  has  done  mtich  to  disqaallf|F'  tham 
for  the  enjoyment  of  their  rights,,  hut  I  witt  aot 
believe  that  they  are  ioteaded,  by  an  aUMvise 
Providence,  to  reumin  the  slaves  of  king»  aad 
priests.  I  believce,  I  hope  the  gentleauui^  is  aaie- 
taken;  I  do  booethat  weave  not  theeetodepea^ 
tory  of  all  the  freedom  that  sarvivee^tlieariL  liMt 
float*  alone  on  the  uaivefsal  deluge. 

Mr.  Smitb,  of  Maryland.— The  mottoo  now 
under  eensideration,  is  to  appropiiate  a  salary  aOd 
outfit  for  a  Minister  to  La  Fkta.  This  eouraa  ef 
coaduct  on  the  part  of  Congress  would  he  novel 
and  wholly  unpreoedented.  The  Constitntioa  has 
given  to  Congress  legislative  powers— to  the  Piee- 
ideat  the  direction  of  our  interooniee  with  for- 
eign nations.  It  is  not  wise  for  us  to  ialerfoie 
with  his  powers;  his  plans  may  be  digested  with 
wisdom;  our  intetfereaoe  ought  deetroy  them, 
aad,  perhaps,  at  the  moment  when  they  woald 
otherwiee  have  succeeded.  Bach  hraAek  had  bet- 


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1540 


H;opR. 


Spamih  Amsriean  Provmees. 


lLLmoB,1618. 


ter  eiMifiiie  itself  to  the  duties  assigned  it  by  the 
CoiistitutioD.  Much  offence  was  given  by  the 
President,  bjr  en  opinion  expressed,  with  the  best 
BOtiTes,  in  nis  Messafe^as  to  the  powers  of  Con- 
gress to  construct  roads  and  canals.  The  Speaker 
expressed  his  sentiments  on  the  subject,  conceir- 
ing  it  to  be  an  improper  interference  of  oar  legis- 
latiTe  rights— as  giving  weight  to  the  argumenu 
of  those  who  concurred  with  the  President  on  the 
Constitutional  question.  Is  the  motion  now  be- 
fore you  intended  as  a  retaliation?  Are  we  about 
to  direct  him  in  his  duty,  and  to  tell  him  what  be 
ouffht  to  do  ?  No.  said  the  gentleman  last  up, 
(Mr.  RoBBRTaoH,)  we  mean  only  to  siutain  him. 
I  do  not  find  that  ne  requires  us  to  sustain  him ; 
he  appears  to  have  taken  his  course,  as  it  respects 
the  colonies  of  Spain,  with  judgment  and  caution. 
He  appears  to  have  a  sincere  desire  that  those 
eoloniea  should  become  independent,  but  be  wishes 
first  to  know  their  true  position.  He  does  not 
think  the  information  he  possesses  is  sufficient. 
We  are  caHed  upon  to  recognise  the  independ- 
eaee  of  La  Plata,  and  upon  what  information  ? 
Certainlr  none  sufficient  to  enable  us  to  make  up 
ft  wise  decision  on  a  subject  so  rery  important. 
No  two  gentlemen  agree  upon  the  state  of  the 
ooimtry,  or  the  form  of  Government.  We  know 
not  whether  it  is  a  Republic,  such  as  ours,  of  the 
people;  whether  it  is  a  military  Government,  or 
one  by  a  Dictator.  But  we  are  told  by  my  friend, 
(Mr.  Robertson,)  that  we  should  pursue  the 
coarse  of  conduct  adopted  by  General  Wash ino- 
TON  with  the  French  Republic.  Well,  Mr.  Chair- 
man, we  consent.  Did  Congress,  on  that  occa- 
sion, direct  the  conduct  of  General  Washing- 
ton ?  Did  that  Congress  tell  him,  that  he  did 
not  understand  what  he  ought  to  do,  and  that  they 
would  instruct  him?  No,  sir,  they  left  him  to 
exercise  the  powers  vested  in  him  by  the  Consti- 
tution— to  the  exercise  of  his  own  judgment; 
they  sBstainedhim  by  no  act.  Let  us  act  in  like 
manner  by  the  present  Chief  Magistrate ;  he  has 
not  asked  for  our  assistance— he  has  asked  no  out- 
fit for  a  Minister  to  La  Plata ;  when  he  does,  it 
will  be  time  to  consider  the  subject. 

The  Executive  is  charged  with  an  indifference 
~-R  negligence — towards  the  cause  of  the  patriots. 
I  caimol  discover  any ;  on  the  contrary,  it  is  well 
known  that,  about  six  or  seven  years  past,  an 
agent,  of  intelligence,  was  sent  to  La  Plata;  that 
he  travelled  throngh  all  that  countrv  and  Chili, 
and  remained  some  years  in  those  colonies;  ano- 
ther agent  is  now  there;  and  lately  three  commis- 
sioners have  been  sent  by  the  present  Executive ; 
their  object,  to  judge  of  the  state  of  the  new 
Power,  of  ito  capacity  to  maintain  iu  independ- 
ence, and  to  procure  such  other  information  as 
may  enable  our  Ctovernment  to  'form  a  correct 
(pinion  before  we  act.  Why,  then^  not  wait  their 
return  ?  Why  precipitate  a  decision,  before  we 
are  possessed  of  such  authentic  information  as 
will  lustify  a  step  that  may  involve  the  nation  in 
war?  The  Speaker  has  told  us  that  recognition 
is  not  cause  of  war,  but  that  aid  is  cause  of  war ; 
and  he  has  referred  us  to  the  revolt  from  Spain 
of  the  United  Provinces  of  Holland,  and  to  our 


own  glorious  Revolution.  Let  us  examine  the 
facts.  When  dueen  Elisabeth  recognised  Hol- 
land she  granted  aid,  at  the  same  time  she  pur- 
sued no  half-way  measures— she  generally  acted 
with  decision.  How  did  France  act  towards  ns? 
In  May,  1776,  she  sent  an  agent  to  London  to 
confer  with  Arthur  Lee;  he  informed  Mr.  Lee 
that  the  Court  of  France  wished  to  send  us  an  aid 
of  200,000  louis-d'ors  in  specie,  arms,  and  ammn- 
nition,  and  what  he  wanted  to  know  was,  to  what 
island  it  was  best  to  make  the  remittance;  that, 
to  give  it  the  appearance  of  a  mercantile  transac- 
tion, a  small  quantity  of  tobacco  should  be  sent 
in  return,  as  a  cover,  but  that  the  remittance  was 
gratuitous.  It  is  well  known  that  Beaumarehaie 
(the  French  agent)  drew  from  the  public  arae- 
nals  of  the  King,  cannon,  arms,  and  clothing,  for 
twenty  or  thirty  thousand  men,  and  that  they 
were  actually  shipped  in  September,  October  and 
November,  1776 ;  they  were  delivered  to  Bean- 
nuirchais,  as  if  he  had  been  a  merchant,  and  he 
gave  his  assurance  that  they  should  be  replaced; 
and  he  actuallv  received  from  the  King  one  mil- 
lion of  livres  m  June  following,  which  has  been 
thought  by  many  was  to  enable  him  to  parehase 
and  replace  the  military  stores  drawn  by  him 
from  the  public  arsenals.  The  great  aid  of  mili^ 
tary  stores  and  money,  say  three  millions  of  li  vres, 
afforded  by.  France  to  the  United  States,  we 
know  was  known  to  England.  The  King  of 
France,  in  his  letter  to  the  King  of  Spain,  dated 
8th  January,  1778,  says  distinctly,  "*  England  has 

<  taken  umbrage  at  those  succors,  and  has  notcon- 
'  cealed  from  us  that  she  would  be  revenged  on 

<  us  sooner  or  later."  Those  succors  were  |{iven 
in  1777,  were  known  to  England,  yet  she  did  not 
go  to  war  on  that  accoimt ;  but  soon  after  De 
Vergennes  bad  declared  to.  Lord  Stormont,  that 
France  had  recognised  the  independence  of  the 
United  States,  had  authorized  a  commerce  witk 
those  Slates,  and  were  determined  to  protect  it,  war 
was  declared.  Here,  then,  it  appears  that  the  re- 
cognition was  the  cause  that  England  did  actually 
go  to  war.  Holland  gave  us  no  public  aid  what- 
ever ;  she  even  forbade  us  to  ship  munitions  of 
war  from  her  European  ports ;  but  she  permitted 
our  merchants  to  obtain  supplies,  and  to  trade 
openly  with  her  colonies  of  St.  Eustatia  and  Cof- 
ra^oa.  When  Mr.  Laurens  was  taken,  his  papcn 
were  saved  before  they  sunk,  and  a  recognitiMi 
of  our  independence  (perhaps  a  treaty)  b]r  Hol- 
land being  round  amonff  them,  war  was  iaune- 
diately  declared  against  ner  by  England.  Froai 
these  facts  I  am  induced  to  form  an  opimoOy  that 
recognition  is  a  cause  of  war. 

A  comparison  iias  been  drawn  to  our  diasd- 
vantaffe  between  the  conduct  of  France  towards 
us,  when  we  were  struggling  for  our  independ- 
ence, and  our  conduct  towards  the  patriots  of 
South  America.  Let  us  examine  the  subject 
with  candor.  France  covertly  permitted  atma, 
&c.,  to  be  taken  out  of  her  arsenals  for  our  uas ; 
she  openly  forbade  her  ports  to  our  trade;  would 
not  admit  our  flag  to  flv  in  her  European  ports; 
but  the  secret  agent  (Beaumarchais)  procarod  a 
private  permission  from  the  Fanner  Qeneral  to 


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vm 


ifAMOB,  lais. 


Spamfh  American  Promnce^, 


H.ovR. 


permit  then  ei^j.  How  dtfierentiy  hmre  we 
meted  towards  the  patriots?  Our  Gfovernment, 
for  causes  into  which  I  will  not  inqoire,  made 
sale  of  a  larse  quantity  of  arms  to  the  merchants, 
who  fMi^  shipped  them,  and  arms  bought 
from  ittdjridaals,  together  with  powder  and  otner 
munitions  of  war,  to  South  America,  and  thus 
took  the  lead  of  all  other  nations,  in  substanti- 
allf  aiding  the  patriots  in  their  struggle  for  inde- 
pendence. The  laws  admitted  all  people  freely 
to  enter  our  ports  and  trade ;  the  President  might 
hare  permitted  the  laws  silently  to  operate;  he 
did  mere;  he  issued  orders,  lest  any  difficulty 
shonld  arise,  to  the  collectors  to  admit  the  fes- 
sels  and  flas  of  the  patriots  to  entry ;  and  I  think 
the  Spanish  Minister  protested  without  e£feet 
against  that  conduct.  From  this  view  of  our 
conduct^  I  do  not  think  we  can  justly  be  charged 
with  doii^  less  for  the  patriots  than  we  ought  to 
hare  done,  or  th^n  Fmnce  did  for  us. 

The  Speaker  has  giren  us  a  correct  gec^raph* 
icai  riew  of  the  Spanish  colonies,  commencing 
with  Mexico.  He  describes  that  colony  as  capa* 
Ue  of  prodncin^  some  articles  similar  to  the  pro- 
duoe  of  the  United  Slates,  particularly  tobacco ; 
hat  comforu  us  with  his  belief  that  the  people, 
not  hariBg  heretofore  produced  it  in  such  quan- 
tities as  to  interfere  with  us  in  foreign  markets, 
they  will  net  when  they  become  independent. 
The  Speaker  knows  that  the  article  of  tobacco 
was  a  monopoly  in  the  Crown,  and  that  its  cul- 
ture was  confined  to  particular  districts  of  coun- 
try by  the  laws,  and  that  little  more  than  neces- 
sary for  the  mother  country  and  colonial  con- 
sumption was  allowed  to  be  raised  ;  that  a  free 
export  was  not  permitted.    But  when  an  inde- 

rsndent  Gorernment  shall  be  established,  which 
sinoerely  wish,  new  excitement  will  take  place; 
agricoltttre  will  be  free  from  all  shackles ;  com- 
marce  will  be  open  to  all  nations^  and  those  op- 
pressed people  will  make  use  of  all  the  means 
that  their  fertile  land  will  afford;  and  why  should 
they  not  %  Why  wish  them  free  and  indenend- 
miy  and  iad«lffe  a  wish  that  their  industry  should 
he  paralyzed,  lest  it  should  interfere  with  our 
interesul  The  Speaker  has  for^tten  that  the 
table  lands  of  Mexico  produce,  in  great  abun- 
dance, the  finest  wheat;  that  floor  is  exported 
from  La  Vera  Cruz ;  and  that,  if  the  people 
were  encouraged,  they  could  spare  large  qnan- 


Mr.  Chairnuia,  I  see,  sir,  that  the  Committee  is 
impatteau  I  shall  pass  orer  New  Grenada  and 
FeDesoela.  and  apply  my  obser? ations  to  the 
object  of  the  missioa  under  consideration,  to  wit. 
La  PJaia.  In  a  commercial  point  of  yiew,  of 
what  service  is  La  Plata  to  us  ?  Of  Tery  little 
in  time  oi  peace;  the  produce  or  that  country  is 
the  same  as  our  own,  to  wit:  breadstuff,  cot- 
ton, tobacco,  dbc.  I  know  no  article  we  can  ex- 
port to  La  Plata,  except  munitions  of  war ;  of 
them  they  hare  now  a  superabundance.  In  time 
of  peace  and  tranqnillitr,  they  will  not  want  eren 
those  articles.  From  La  Plata  we  can  import 
htdeaaad  talioWi  the  Speaker  saya.  and  specie. 
I  beliere  they  haTa  no  mines,  ana  the  specie 


procured  by  them  is  from  Peru ;  they  genefally. 
however,  faiaTe  had  a  large  amount  of  specie  ui 
circulation,  and,  of  course,  it  may  be  procured— 
but  how?  We  cannot  get  their  specie,  hides, 
and  tallow,  without  having  something  with  which 
to  pay  for  them;  we  can  s«td  nothing  from  oor 
own  country  to  buy  specie,  and  the  nations  whose 
manufactures  suit  the  people  supply  them  dirtet, 
on  better  terms  than  we  coum  do  indirectly. 
The  Speaker  very  justly  observes,  ^  that  the  in^ 
^  genuity  and  enterprise  of  the  merchants  is  very 
'  great ;  and  he  trusts  that  they  will  find  some 
'  circuitous  mode  of  arriving  at  the  means  by 
*  which  the  specie  may  be  procured  at  La  Plata.; 
'  that  the  merchants  have  been  under  the  neces- 
'  sity  of  calling  at  some  European  port  for  specie 
'  for  the  India  and  China  trade  f  and  this  is  true, 
but  then  the  ships  always  carried  cargoes,  on 
which  the  owners  expected  to  make  a  freight  to 
pay  the  expenses  ot  the  intermediate  voyage. 
The  difierence  in  the  price  of  specie  between  the 
market  of  Europe,  and  that  of  Buenos  Ayres, 
would  not  pay  the  expense  and  loss  of  time  that 
would  happen  to  a  vessel  bound  to  India,  for 
stopping  at  that  port,  and  it  would  scarcely  bean 
object  for  a  vessel  to  go  in  ballast  from  the  Uni- 
ted States  with  bills  of  exchange  to  purchase 
hides  and  tallow ;  the  distance  is  too  great.  Few 
of  onr  merchant  vessels  frequent  Buenos  Ayres; 
and  the  merchants  who  have  had  funds  thete 
latelv,  have  been  under  the  necessity  of  employ- 
ing English  vessels,  in  many  instaiiees,  to  bring 
the  hides  and  tallow  of  that  country  to  this. 

The  Speaker  has  informed  us  that  the  people 
of  La  Plata  cannot  become  a  navigating  people ; 
and,  of  course,  they  can  never  interfere  with  our 
carrying  trade.  He  says,  they  are  too  near  the 
sun  to  become  seamen,  I  have  always  under- 
stood that  navigation  had  its  origin  among  the 
people  who  lived  in  warm  climates.  The  Ma- 
lays live  direetlv  under  the  sun,  and  are  believed 
to  have  carriea  on  navigation  in  former  timeai  \ 
throughout  the  whole  of  the  Indian  seas;  their 
language  was  a  kind  of  Linffua  Franca,  when 
the  Portuguese  first  discovered  the  way  to  India» 
The  Arabs  filled  at  that  timcLalthough near  the 
sun,  all  the  ports  of  India.  Tyre  and  Carthage 
are  both  nearer  the  sun  than  Buenos  Ayres ;  and 
their  people  were  the  greatest  navigators  of  the 
then  known  world;  bit  Buenos  Ayres  i%^  I  be- 
lieve, no  nearer  the  sun  than  we  are  at  this  mo- 
ment. It  is  in  about  the  same  latitude  south 
that  the  Chesapeake  is  north.  La  Plata  will 
support  her  iadependeace ;  and,  I  bope^  will 
(when  at  auiet)  establish  a  good  form  of  Gov- 
ernment. If  it  be  a  Government  of  the  people, 
the  mind  will  be  free  to  act,  and  the  consequence 
must  be,  that  they  will,  in  a  few  yeMS  ^J^ 
ships  of  their  own.  Yes,  sir,  they  will  buMd 
ships ;  will  extend  their  commerce,  and  will  be- 
come their  own  carriers.  Why  should  we  doubt 
iti  Who  would  have  supposed,  in  1790,  that 
the  United  States  would  in  1806  have  been  the 
second  navigating  people  in  the  world;  that  we 
should  ht  this  time  have  nearly  one  million  and 
a  half  of  tons  of  merchant  vessels,  including  the 


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mSTORT  OP  CONaRBSS. 


1§44 


H.  or  R. 


^Spanish  American  Prtmncei. 


March,  1818. 


cotstiDg  vessels.  This  great  increase  is  owing 
to  oar  free  GtovernmeDt  and  wholesome  laws. 
With  such  a  Qovernment,  the  people  of  La 
Plata  will  soon  be  a  navigating  people,  and  in 
twenty  or  thirty  years,  may  have  a  fleet  eqaal  to 
that  we  now  have ;  and,  if  they  should,  we  may 
at  some  fatare  day  defend  the  liberty  of  the  seas, 
acting  in  concert. 

The  Speaker  has  said  that  Spain  cannot  go  to 
war — that  her  finances  are  in  too  ruinous  a  state. 
He  tells  us  that  he  derives  this  information  from 
Mr.  Garey,  the  Minister  of  Finance,  who  has 
drawn  a  picture  of  their  finances,  not  unlike  that 
of  Mr.  Dallas's  report  of  the  finances  of  the  Uni- 
ted States.  Tes,  sir,  Mr.  Dallas  boldly  told  us 
our  situation^  and  we  profited  by  knowing  the 
truth.  Mr.  Garey  has  as  boldly  told  the  truth  to 
the  King  of  Spain,  and  what  has  been  the  conse- 
qenee?  Why,  the  King  has  lessened  the  public 
expenses,  by  aischarging  a  host  of  custom-house 
officers ;  for  every  town  in  the  interior  of  Spain 
bad  its  custom-house ;  now  they  are  only  to  be 
seen  on  the  exterior  of  the  Kingdom,  ^ut  the 
great  object  of  Mr.  Garej  was  to  show  the  King 
tiM  iadispensable  necessity  of  compelling  the  no- 
bility and  clergy  to  pay  their  fair  proportion  of 
tbe  public  burdenA.  The  Kin^  has  done  so.  This 
bat  brought  in  a  large  addition  to  the  treasury. 
The  clergy  had  remonstrated,  but  without  effect. 
I  state  tMse  ficts  to  affirm  the  observation  of  the 
gentleman  from  South  Carolina,  to  wit :  that  we 
ouffht  not  to  place  too  c^reat  a'  reliance  on  the 
detect  of  the  finances  of  a  nation  of  whose  re- 
sources we  know  so  little.  They  must  be  low 
indeed,  if;  in  our  recognition  of  one  of  her  colo- 
nies, Spain  does  not  declare  war.  The  Speaker 
tells  us,  truly,  that  if  Spain  should  declare  war, 
ber  possessions — to  wit:  Cuba,  Florida,  and  Mex- 
ieo-^will  be  endangered.  I  have  no  doubt  they 
wo«ld,  for  I  presume  we  should  not  carry  on  a 
qwmi  war.  We  could  do  Spain  little  injury  at 
sea,  for  she  has  very  few  vessels  afloat.  Our 
commerce,  however,  would  be  greatly  exposed  on 
the  ocean.  Our  flag  floats  on  every  sea,  and  un- 
protected, (as  it  would  be,)  would  afford  an  abun- 
dant harvest  for  the  privateers  that  would  be  put 
to  sea  iVom  Spain,  manned  by  the  seamen  of  all 
naik)D8,  and  owned  by  the  merchanu  of  many 
of  the  European  Powers.  And  in  return  for  the 
sacrifice  of  our  commerce  we  would  take  Flor- 
ida, might  attack  Cuba,  and  carry  our  arms  into 
Mexico,  through  I  know  not  how  many  hundred 
miles  of  wilderness.  These  would  be  extensive 
enterprises,  and  not  a  little  expensive.  The  suc- 
ceerwould  be  doubtful.  At  least,  you  could  not 
atfottpt  such  a  conquest  with  less  than  twenty  or 
tbirty  thousand  men.  If  the  Mexicans  joined 
your  army,  there  might  be  a  chance  for  success ; 
if  net,  few  of  your  army  would  ever  return.  1  do 
not  find  that  any  gentleman  has  thought  of  pro- 
viding the  means  for  war.  In  case  the  motion 
should  obtain,  no  one  has  an  idea  of  renewing  the 
tixes  that  we  have  lately  repealed.  No,  sir ;  we 
take  a  step  that  Would  compel  any  nation  to 
declare  war  that  bad  the  means.  We  comfort 
Oursdvee  by  saying  that  Spain  cannot  go  to  war. 


and  therefore  all  preparations  on  our  part  are 
unnecessary. 

The  Speaker  has  given  himself  much  tiouble 
to  convince  the  Committee  that  England  will  not 
take  part  in  a  war,  on  the  side  of  Spain,  against 
the  United  States.  Why,  sir,  England  has  oona- 
menced  many  foolish  wars;  but  I  cannot  believe  she 
would  commit  so  great  a  folly.  Spain  and  the  Uni- 
ted States  at  war^-Great  Britain  neutral !  What 
would  be  the  consequence  1  Insurances  in  Amei>> 
ican  ships  and  seamen's  wages  would  riae.^- 
Freiffhts  could  not  be  carried  on  equal  teraas;  nmd 
English  ships  of  course  would  become  the  carri- 
ers of  all  the  produce  of  the  United  States,  wbile 
our  vessels  would  be  laid  up  to  rot  at  our  wharres; 
your  sailors  would  be  compelled  to  go  into  for- 
eign service — they  would  be  lost  to  their  cotuitry 
and  to  our  Navy ;  no  youths  would  be  trntaed  to 
the  sea.  A  war  with  England  would  be  pre/er*^ 
able  to  a  war  with  Spain,  and  England  neutrtL 
England  would  be  precisely  in  the  situation  dut 
we  were  for  many  years  of  the  late  wars^^to  wit : 
carriers  for  all  Europe. 

Mr.  Chairman,  I  recollect  to  have  seen,  mmmf 
years  ago,  a  print.  The  principal  object  waa  a 
beautiful  cow.  In  her  front  were  two  ■iea**^oae 
in  white,  the  other  In  scarlet ;  swords  drawn,  and 
fi|[hting  most  furiously,  while  a  fat  Hollander  sat 
with  a  milk-pail  under  the  cow,  milking  quietly, 
and  looking  up  at  the  combatants  with  a  smile, 
mixed  with  pleasure  and  contempt,  at  their  foUvv. 
In  case  we  ^et  to  war  with  Spain,  the  fiaglisb- 
man  will  milk  the  cow,  and  with  jnstiee  UHigb 
at  our  folly. 

It  may  not  be  improper,  Mr.  Chainnan,  to  look 
at  our  trade  with  Spain.  We  annually  expert  xo 
the  dominions  of  Spain  eight  millions  five  buB* 
dred  thousand  dollars  value  of  property— 4o  wits 
four  millions  five  hundred  thousand  doaftalie 
produce,  and  four  millions  foreign— dearly  the 
whole  of  which  is  carried  in  our  own  vesaelst 
The  domestic  consist  of  bulky  articles,  and  reqviM 
a  large  quantity  of  tonnage,  m  proportion  to  their 
value ;  they  consist  of  tobacco-^priacipallf  froua 
Kentucky ;  that  kind  is  preferred  in  Sfwn  teany 
other,  except  their  own  colonies— flour,  riee^  la* 
dian  corn,  fish,  naval  stores,  lumber,  peas,  beMM) 
furniture,  carriages,  boots,  shoes,  hats.  And|  ia 
addition  to  the  above  value,  a  number  of  veaaek 
are  annually  sold  to  the  Spaniards.  We  risk  all 
this  valuable  commerce  by  the  motion.  And  wbat 
article  can  we  supply  La  Plata  with,  ia  ease  abe 
becomes  free  ?  I  nave  already  stated,  that  I  do 
not  know  one  solitary  article  of  our  preduee  tbat 
could  be  sold  for  first  cost  ia  La  Plata.  We  hava 
just  been  relieved  from  an  expensive  nar,  $^4 
have  a  large  debt  to  discharge.  The  people  are 
happy  and  content — they  have  been  relievM  ftoa 
the  direct  and  internal  taxes — and  I  am  not  wil* 
ling  to  do  any  act  that  may  Uad  us  into  a  war» 
and  make  it  necessary  again  to  impose  similar  or 
perhaps  higher  taxes  on  my  coostitoeats. 

We  are  gravely  told  by  the  SpeakeiN  that  there 
is  BO  difficalty  in  appropdatiag  for  a  forelfn  ms'^ 
sion  to  a  Monarch,  but  oae  to  a  Republic  ie  not 
so  eaay  to  obtain ;  that  our  Qevemmem  eriage* 


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HIJSTO&T  OF  COKQRESS. 


1646 


tUMoa,  IMS. 


iHMrt€WI  /^r09MM#« 


H.orR. 


t#  «ff«Wft«d  hctib|  aad  bad  mmt  to'Swticn  «Bd 
HolliHi4  Mudtms  PleDipoCentiary,  when  those 
CbiFcnmmeiits  hid  onlf  tent  Clianrts  d'Afiaires  to 
the  MidM  Slates ;  and  that  oer  Oof  efDment  had 
«cted  to  like  taanaer  tvwaids  ell  the  Ifoaapehs 
^  Bvrat.  Mr.  Chainaaii,  if  I  reeoUeet  eer- 
reetlr.  ttose  eets  were  doae  doriv  the  time  of 
li r.  Mate)!,  nor  did  I  imow  that  tkef  had  ever 
before  met  the  Speaker'^  disapprobetfon ;  on  the 
eoatrarr.  I  thoold  ha^e  betiered  they  had  been 
•pproYed  by  him.  Howevw,  the  Speaker  will 
be  nleaeed  te  loow  that  both  will  seen  return. 
IVo  Minister  has  yet  fone  to  Aottria,  although, 
it  is  weH  known  that  the  flmperor  is  anxious  to 
eneemraceoureommereetohisdomkiions*  Den- 
-mtirk  has  bad  a  Minister  in  the  United  States 
lor  nnmy  jcars;  our  GoTemment  has  not  returned 
the  eouofliinent.  Holland  sent  a  Minister  Pleni- 
potentiary to  the  United  States  (Mr.  Ohauffuion) 
mnd  in  return  the  late  President  sent  a  Nunister 
of  efual  grade.  HeUand  withdrew  her  Minister, 
and  sent  a  Charge,  and  I  understand  the  present 
President  means  to  act  in  like  manner.  It  appears 
thus  that  no  eensure  attaches  to  the  President 
now  in  offiee,  on  that  subjeot.  The  Speaker  tells 
«s  that  Prussia  has  sent  a  Minister  to  the  United 
fitates.  and  that  eor  G^eremment  will  retura  the 
>compUment ;  and  for  what  ?  he  asks.  Prussia,  he 
eays,  has  only  two  miserable  ports  on  the  Baltic. 
The  Bnaikcr  forgets  that  Prussia  has  lately  ob- 
tained Swedish  Pemerania,  and  eiHoys  a  seacoast 
of  more  than  sikty  miles,  from  Mecklenburg  to 
■theeottfines  of  Russia,  inoludiag  many  noble  ports ; 
ameng  the  namber,  the  «eat  city  of  Dantsie,  the 
BttalsundjKoninaebeig,  Stettin,  and  Memel;  that 
we  draw  from  Prussia  Uaens  of  all  kinds,  to  a 
Jaige  amount,  end  pay  her  in  tobacco,  cotton, 
I  eugar,  eoilee,  and  tea,  and  other  articles  of  our 
surplus  importations;  and  yet  I  ha?e  not  under- 
etood  that  our  QoTemment  intends  to  send  a  di- 
-ptomatie  agent  Uiere  immediately. 

Mr.  Chairman,  it  is  the  duty  of  the  President 
to  endeuTor  to  extend  the  commerce  of  our  coun- 
ttt ;  and  wfaenerer  he  can  do  so  by  the  sending 
of  a  Mittiflter,  I  belicTe  he  wftl.  It  might  be  im- 
porttMit  te  send  a  mission  to  Oonstantinoble,  and 
by  treaty  eause  our  vessels  to  be  admitted  on 
cqui^  terms  with  other  nations;  at  present  they 
-are  not. 

Mr.  Chairman.  I  think  I  have  shown  that  the 
'Oonduct  of  our  CKrremment  towards  the  patriots 
of  Soutfi  America,  has  been  liberal  and  proper ; 
•that  recognition  by  France  and  HoUand  of  the 
independence  of  the  United  States,  was  the  cause 
of  fln^lani  deckriag  war,  and  of  course  that  re- 
oognition  is  considered  as  eause  of  war.  I  haire 
enoenrored  te  showthat  we  have  not  yet  such  in- 
-fonsation  as  to  the  situation  of  La  Plata,  as  would 
justify  08  in  taking  a  step  that  would  probably 
lead  te  war ;  that  the  Prssident  has  pursued  t^ 
proper  course  to  obtain  correct  information,  and 
that  it  is  prudence  to  wait  the  return  of  the  Com- 
missioners before  we  act. 

Mr.  FiiOTn,  of  Virginia,  rose,  for  the  purpose 
■ef  offnrin^^is  riew  of  this  interesting  subject,  to 
the  consideration  of  the  Comnnttee,  in  support 


of  the  amendment  j^roposed  >ythe  heneraMe 
Speaker;  and  said,  as  he  knew  the  House tnnst 
be  wearr  at  this  late  hour  of  the  day^  the  od^ 
apology  he  could  make,  was,  that  he  would  net 
detain  them  long.  I  am,  said  he,  strongly  iaa- 
pressed  with  a  belief  that  an  anpropriatien  of  this 
kind  would  well  comport  with  the  dtaintereeied 
Tiews  of  this  GoTernment,  and  would  rankle  the 
President  at  any  time  to  dojus^e  to  this  Repub- 
lic, which  has  achiered  an  object  eo  gloneus 
to  itself;  and  of  such  signal  beaeit  te  mankind. 
The  present  is  a  favorable  HMment,when  our 
afiairs  are  piosperous  and  quie^-'the  world  ealm, 
and  no  political  ebull^ions  to  distract  us.  Thb 
would  tie  the  safo  oourse-^-the  dignified  course^*- 
dictated  by  the  true  policy  of  the  United  Stales, 
and  one  ealenlated  to  free  them  from  the  odious 
doubts  and  suspicions  of  partiality,  whioh  have 
been  east  i^kni  them,  a^  would  plaoe  their  eon- 
duct  in  a  high  point  of  view,  bom  for  maguani- 
mitr  and  justice. 

Tiie  spectacle  preeented  to  our  view  is  sublime 
and  wonderful;  a  brave  people,  disdaining  the 
shackles  of  a  foreign  des|N>t,  wading  through 
rivers  of  blood  lo  erect  their  oenetstntion  sqMMi  a 
firm  basis,  which  will  secure  to  them  the  enjoy- 
ment of  personal  liberty,  and  give  Uiem  a  stand 
nnong  the  nations  of  the  earth,  as  fsee  and  inde- 
pendent. Through  the  storms  of  te  velutien,  their 
institutions  have  been  purified.  Waiving  new 
to  maintain  their  freedom,  they  appealed  to  this 
nation  far  justice,  and  ought  to  have  demanded 
our  attention.  This  nation,  fine  as  atr,  ennnot 
envy  the  enjoyment  of  the  World  besides^  will 
bestow  a  part  of  its  ddiberatione  upon  that  appeal ; 
nor  now  refuse  to  listen  to  the  cfotntes  ef  justice, 
of  peliejr,  or  to  the  cries  of  suflbring  humanity, 
in  adopting  thisamendaeni;  that  the  appiepeia- 
tion  may  be  made;  that  justice  be  dealt  out  with 
an  even  handp^^as  I  ehoold  beeeiry  to  believe  the 
United  States  oould  at  any  time  so  for  foiyet  the 
great  principles  of  e(|ual  rights,  e^uallibeity, and 
equal  law,  as  to  gbre  the  sniallest  gseuada  for 
*  '  it  to  any  natioa.  and  surely  tie  eitan^on 


of  these  people  entitles  them  te  this  nppellacien. 

The  civil  dissensiotts  which  for  some  time  eo 
convulsed  the  Spanish  moouchy,  bane  at  length 
amumed  a  determittnte  shape,  and  wnr  is  new  no 
longer  the  war  of  revolutioiL  or  a  civil  wir|bnt 
the  eiorts  of  oontendinff  GovemmcBts.  This 
young  Benublic,poirerforin  its  resources,  seeer- 
ering  with  renewed  vigor  from  every  disnsler, 
believes  herself  justified  by  thei«w  of  nationikin 
demending  n  moQgnition  of  her  tights  as  a  wee 
and  indepMidcnt  nation. 

Spnin,  bloated  with  jiride,  iniierited  threugh^t 
long  line  of  nacestors,  i»  ineapeMe  of  imitating 
the  noble  and  magnaaimous  conduct  of  Great 
Britain,  who,  nlier  seven  years  of  trar  with  us, 
came  forward  as  Great  Brinon  oonht  to  iHwe 
done,  and  aekaowledged  our  independence.  Yet , 
that  Monarch,  who  beasts  the  sun  nevereets  tipen 
his  dominion,  paits  with  rehietanoe  foom  the 
smallest  piece  of  soil,  and  wan  by  withholding 
his  assent  to  indqwndence,  when  hostilitiee  have 
censed,  through  iaafaflity  to  preeeeute them.  Alise- 


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mSTORT  OF  CONaRBSS. 


1648 


H.  opR. 


SpcmiUh  American  Promnces. 


MjlSch,  1818. 


Table  is  she  is,  without  resources,  without  fintnces, 
benkrapt  at  home,  that  moDarchf  still  lingers,  like 
the  gamester,  upoo  the  delusive  hope  that  a  for- 
tuitous coocurrence  of  circumstances  may  again 
bring  under  her  dominion  half  a  revolted  world. 

And  now  we  are  told  bv  the  honorable  chair- 
man of  the  Committee  of  Foreign  A£fairs  (Mr. 
Forsyth)  that  he  is  unwiilinff  to  make  the  re- 
eognitlon,  because  it  will  interfere  with  our  dis- 
pute with  Spain.  Surely  that  ought  not  to  weigh 
with  him  from  whom,  recollecting  his  declaration 
a  few  days  ago  on  this  floor,  it  is  expected  some 
strong  measure  will  be  proposed  witn  regard  to 
Spain.  Is  it  a  declaratipn  of  war  ?  then  why 
ehould  he  oppose  this  recognition  1  Is  it  a  propo- 
sition to  take  possession  of  Florida?  Why  in 
that  case  should  he  oppose  it  ?  rather  ought  it  to 
be  a  cogent  reason  for  adopting  this  measure. 
Yet.  inadequate  as  Spain  is,  to  a  task  so  unequal 
as  tnat  of  reducing  a  Government  fully  organized 
since  their  revolution,  and  exercising  the  rights 
of  sovereifl[nty  for  years,  building  fleets,  raising 
and  equipping  armies,  ana  marching  them  to  dis- 
tant provinces  to  finish  there  a  work  which  them- 
selves had  consummated — ^notwithstanding  these 
strong  and  decided  proofs  of  independence,  ex- 
hibited in  the  fullest  powers  of  government,  un- 
moleated  by  hostile  troops  within  their  territory, 
still  we  hear  of  Europe ;  as  if,  to  measure  justice, 
we  should  consult  the  frowns  or  smiles  of  another 
continent  I 

From  some  cause  or  other,  lively  apprehen- 
sions have  arisen  in  the  mind  of  the  honorable 
ckuurman  of  the  Committee  of  Ways  and  Means. 
(BIr.  LowMDBs,)  that  an  acknowledgment  or 
this  kind  might  involve  us  in  national  difficul- 
ties. Can  he,  of  all  others,  who  is  so  well  ac- 
quainted with  laws  of  nations,  hint  this  result  of 
un  acknowledgment,  admitted  by  all  the  writers 
on  that  law,  to  be  no  cause  of  war  ?  Whilst  I 
would,  with  the  most  scrupulous  care  and  exact- 
ness, avoid  what  might  endan^  the  tranquillity 
i)i  my  country,  I  would  likewise  avoid  whatever 
miffht  give  a  pang  to  this  budding  Republic ; 
and  if  to  pursue  the  right,  and  adnunbter  strict 
impartiality  and  justice,  cannot  secure  to  this  na- 
tion her  amicable  relations  undisturbed,  it  would 
be  madness  or  folly  in  the  extreme,  to  believe 
any  -oourse  free  from  the  dangerous  tempests 
which  as  often  arise  from  mistaken  policy  as 
conflicting  interests.  I  am  ^rry  that  gentle- 
man (Mr.  LowMDEs)  has  insinuated  that  the 
proposed  measures  was  in  hostility  to  the  Exe- 
<Hitive ;  it  is  to  be  lamented  that  any  such  opin- 
ion should  have  escaped  him;  from  his  usual 
benevolence  it  was  not  expected,  and  if  anything 
lias  been  contemplated  of  that  kind,  he  might 
have  spared  those  who  advocate  the  measure 
from  honest  convictions.  But  against  any  such 
motive  for  myself  I  utterly  protest,  nor  do  I  be- 
lieve any  such  motive  to  have  a^uated  the  hon- 
orable mover  of  the  proposition.  I  have  been 
imj^ed  by  the  convictions  of  my  own  mind,  and, 
whilst  ever  %  have  the  honor  of  a  seat  in  this 
House,  such  onlv  will  govern  me. 

In  thu  fear  of  giving  o£fence,  and  this  zeal  to 


convince  the  nations  of  Europe  of  the  rectitude 
of  our  intentions,  are  we  not  bound  to  take  care 
of  the  interests  of  America,  that  she  should  not 
compJain  1  As  she  has  already  been  considered, 
and  that  too  by  high  authority,  as  engaged  in 
civil  war,  k  situation  in  which  all  knew,  that  in 
justice  each  party  is  entitled  to  equal  rights  and 
respect ;  and,  as  seems  manifest,  warring  to  mainr 
tain  an  independence  which  she  has  already 
wrested  from  the  iron  grasp  of  oppression^  and 
ought  to  be  regarded  by  th^  world  as  the  germ 
of  general  emancipatioo.  Clear  as  these  facts 
seem  to  be,  we  are  told,  with  a  doubtful  inquiring 
look,  as  if  listening  for  danger,  that  we  are  oIk 
served  by  Europe,  and  that  we  should  not  excite 
their  jealousy  or  distrust,  as  if  the  justice  of  na- 
tions was  the  result  of  fear;  I  know,  too,  there  are 
many  excellent  men  whose  feelings  are  enlisted 
for  tnese  brave  patriots,  struggling  against  n  Pow* 
er  which  still  annoys  them,  who  pause  in  their 
decision  because  this  Hydra  Europe  is  constantlv 
presented  to  their  view.  Sir,  it  will  be  a  blacK 
and  sorrowful  day  to  this  Republic,  when  thia 
imaginary  course  of  Europe  is  to  be  held  over 
its  ^liberation  like  a  lash  of  scorpions  to  goad  it 
on  to  anything  or  stop  it  in  its  course.  Can  that 
alarm  the  nations  of  Europe  which  is  bouomed 
upon  the  law  of  nations,  since  thev  have  been  so 
lateljr  engaged  in  apportioning  that  plundered 
conunent,  without  consulting  our  jealousies  or 
out  fears?  For  my  own  part  I  cannot  imagine 
sucn  fears— radically  inimical  as  I  am  to  an  in-  n 
terest  which  of  late  had  nearly  involved  us  in 
ruinous  difficulties ;  I  have  too  high  an  opinion 
of  the  quick  sagacity  of  the  British  cabinet,  not  to 
believe  they  would  discern  their  own  unequivo- 
cal interest  in  doiosr  this  act  of  justice.  The 
fears  of  Europe !  What  ^n  the  petty  States  of  , 
Italy  fear  from  our  acknowledging  the  independ- 
ence of  the  Republic  of  La  Plata?  These 
wretched  Governments,  enveloped  in  the  legiti* 
mate  fogs  of  Bnrope^re  unseen  in  the  scale  of 
nations.  What  can  Russia  fear  ?  Surely  none 
can  be  so ,  politically  bewildered,  as  to.  believe 
she  can  fear  anything ;  she  has  her  views  nearer 
home ;  with  a  boundless  extent  of  territory,  com- 
prisiog  one-twenty-eighth  part  of  the  whole  sur- 
face of  this  huge  globe— a  population  so  vast  as 
to  overturn,  like  a  resistless  torrent,  everything 
which  opposes  it ;  stiU  anxious  to  extend  her  do* 
minions  to  the  South,  and  acquire  territory  on 
the  Mediterranean ;  she  will  before  long  give  em- 
ployment to  her  neighbor  there,  and  it  were  well 
tor  the  Powers  of  Europe  to  look  to  their  own 
safety  in  time.  Could  England  view  a  measure 
of  this  kind  with  jealousy  or  suspicion,  when  nt 
this  very  instant  efforts  are  making  throughout 
Europe  not  loud,  but  deep  and  dangerous,  to  ex-- 
elude  from  their  markets  every  species  of  her 
manufactures  1  Witness  the  conduct  of  France, 
Holland,  Sweden,  Russia,  and  other  Powers,  a» 
it  regards  the  cotton  manufactures.  Witness 
the  large  private  associations  in  these  countries, 
binding  themselves  by  the  solemn  obiigaMoa  of 
an  oath,  to  use  their  every  effort  to  exclude  from 
their  country  the  use  of  British  fabrics  of  every 


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HISTORY  OF  CONGRESS- 


1560 


MutCB,  1818. 


SpanUh  Ameriean  Pnmncm. 


H.ovR. 


(tescription.  Tiiif,  sir,  is  a  contiDeatal  system 
more  terrible  to  EDgiand,  or  soon  will  be,  than 
all  the  coloonl  power  of  the  Gkeat  Napoleon,  en- 
forcing the  same  object.  Is  it  not  rather  her  troe 
interest  to  support  this  infant  Power,  CTen  with 
arms,  where  she  will  find  a  tenfold  market  for 
her  merchandise,  unrivalled,  and  increasing  per- 
haps for  one  hundred  years?  These  then  are 
the  only  Powers  which  have  any  concern  in 
these  events.  The  rest  of  Barope  is  a  mere 
mockery  npon  the  indepnendence  of  nations.  Ger- 
many and  Sweden,  with  her  Bemadotte,  any- 
thing Russia  pleases,  and  Prussia  almost  an  ap- 
pendage—-Holland  and  Portugal  at  the  disposal 
of  BngUnd  ;  and  Spain,  reposing  in  the  embroid- 
ered arms  of  the  adored  Ferdinand,  dissolving  by 
a  poUtleal  hectic,  unpitied  by  the  world ;  and 
France,  lately  the  nze  of  admiring  millions, 
guided  by  the  overwhelming  genius  of  her  Em- 
perori  is  now. little  else  than  the  great  garrison 
of  Europe,  with  a  pageant  King  in  splendid  mis- 
ery in  the  midst  or  it. 

But  Russia,  true  to  her  own  interest^  has  not 
been  inattentive  to  the  great  events  which  have 
been  evolving  themselves  in  South  America; 
her  Attempt  to  acquire  territory  on  the  Qulf  of 
California,  and  even,  if  the  neifs  be  true,  upon 
our  very  borders,  is  a  proof  of  this ;  she  is  wil- 
ling to  acquire  territory  by  every  change,  and 
every  event,  for  territory  has  been  the  hereditary 
mania  of  her  monarchs.  Unwilling  to  com- 
mence hostilities  at  all  times,  disappointment 
only  results  in  new  efforts  on  new  objects,  at  dis- 
tant and  different  points,  which  must  eventuate^ 
if  permitted  by  the  Powers  of  Europe  silently  to 
progress,  in  her  controlling  the  commerce  of  the 
worid.  England,  actuated  by  different  motives, 
has  approved,  by  her  conduct,  and  fostered  those 
brilliant  successes^  by  which  the  patriots  of  South 
America  have  raised  to  fame  a  column  of  glonr 
so  bright,  as  to  shed  a  blaze  of  renown  over  hau 
the  world,  and  has  embalmed  forever  the  name 
of  her  heroes. 

What  have  we  done  ?  The  honorable  chair- 
man of  the  Committee  of  Foreij^  Affiiirs  (Mr. 
F0B8YTH)  tells  OS  that  the  patriots  captured  a 
vessel  belonging  to  a  citizen  of  the  United  States, 
and  refused  others  employment  in  their  service  \ 
that  the  only  sympathy  felt  is  felt  by  us ;  that  the 
sympathy  is  all  on  our  side.  Then,  sir,  I  most 
say  they  are  langoid  indeed  I  for  instead  of  those 
Tivid  sympathies  which  should  have  watered 
with  our  tears  the  rosy  bed  of  immortalitv.  on 
which  sleep  many  of  the  heroic  defenders  ot  that 
Republic,  we  passed  an  act,  like  an  one-eyed 
warder  upon  the  watchtower,  who  sees  only  on 
one  side,  and  calls  out  '^  all  is  well,* '  whilst  dkoger 
and  ruin  nearly  approaches  on  the  other.  Sir,  if 
our  apprehensions  prevent  us  from  doing  them 
justice,  let  them  not  induce  us  to  do  injustice ; 
let  06  not  impede  their  high  destinies  bf  a  law 
which  operates  uaequally,  since  that  wonderful 
wisdom  which  willed  the  destinv  of  empires  hath 
willed  it  so,  for  the  happiness  of  America  and  the 
safety  of  Europe ;  else  if  Spain,  a  few  little  years 
ago,  had  seen  on  her  throne  a  monarch  such  as 


he  who  now  sways  the  ponderous  sceptre  of  Ros- 
sia— a  man  whose  talents  and  sagacity  were 
equal  to  the  population,  the  wealth,  and  the  ex- 
tent of  her  dominions — the  crash  of  falling  thrones 
would  have  resounded  throughout  Europe,  and 
their  legitimacy,  instead  of  a  protocol,  would  have 
been  thundered  from  her  cannon's  mooth.  If, 
Mr.  Chairman,  the  United  States  shall  turn  from 
this  qoestion,  other  nations  will  not ;  England, 
more  generous  than  we,  will  do  them  justice,  ana 
reap  the  fruits  of  their  grateful  benedictions. 
These  colonies,  for  a  long  time  settled  for  the 
purposes  of  commerce,  had  no  political  existence, 
or  any  part  in  the  great  agitations  of  the  world— 
too  distant  from  the  mother  country  to  feel  any- 
thing of  national  prejudices  or  predilections,  they 
have  become  a  new  people,  under  the  influence 
of  a  different  climate,  where  the  productions,  the 
scenery,  the  physical  conformation  of  the  coon- 
try,  and  even  the  very  sky  and  the  sttirs  of  heaven 
are  so  different,  that  nothing  of  the  Spaniard  is 
left  but  the  name,  and  that  now  no  more. 

In  vain  has  the  fond  remembrance  of  their  fore- 
fathers endeavored  to  cherish  the  recollections  of 
their  youth,  by  giving  to  the  hills,  the  valleys,  the 
rivers,  and  mountains,  of  their  adopted  country, 
the  names  of  the  places  of  their  childhood. 
These  names  no  longer  produce  a  forceful  feel- 
ing; the  heart  has  ceased  to  vibrate  at  the  sound ; 
the  meaning  unknown  to  the  present  generation. 
Under  this  different  climate,  new  habits,  new 
wants  have  been  generated,  national  remem- 
brances have  been  obliterated;  all  is  new.  all  it 
changed. 

Heretofore  the  yoong  American,  accostomed 
to  hear  his  country  contemned  and  despised,  had 
no  incentive  to  action.  He  had  been  told  that  in 
America  all  was  degeneracy,  all  was  savage,  bar- 
barons  ignorance;  and  grave  philosophers  and 
naturalists  have  written  books  to  prove  the  faet. 
Notwithstanding,  ha  was  prohibited  from  going 
to  the  mother  country  to  enlighten  his  mind  by 
an  education,  and  by  their  inexorable  laws  for- 
bidden to  go  even  from  one  province  to  another. 
Thus,  like  a  vegetable  fastened  to  the  soil,  was  he 
doomed  to  live,  to  die,  and  disappear  forever,  not 
even  leaving  a  trace  of  his  ever  having  existed. 

Unable  to  govern  himself,  all  offices  of  Gov- 
ernment, of  every  rank  and  condition,  have  been 
sent  him  from  Europe,  to  administer  justice  to 
him  in  his  peaceable  repose;  but,  sir,  at  the  Very 
sight  of  those  officers  they  turned  pale,  and  trem- 
bled at  the  sound  of  Spanish  justice. 

Thus  have  they  lingered  on,  a  listlesB  life  of 
acquiescence  and  patient  resignation,  for  three 
hundred  years,  until  this  bright  beam  of  liberty 
broke  though  the  dark  cloud  of  royalty  which  had 
nearly  overshadowed  them  forever ;  but  which, 
I  trust,  will  light  them  to  peace  and  to  happiness 
as  it  has  to  independence. 

If  there  are  any  doubts  about  their  independ- 
ence, from  the  circumstance  of  a  part  of  Chili 
being  still  occupied  by  the  royal  forces^  and  a 
force  of  native  Americans  under  Artigas  opposed 
to  the  Republic,  as  stated  by  the  gentleman  from 
Georgia,  let  those  doubts  be  dissipated  when  It  is 


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HraTORT  OF  0(»{0BB8a 


IMS 


H«OF  Rt 


JSfptmi$hA\ 


PrsmaiMOtB. 


M4B0H,^1V. 


««niemb«re4,  that  late  in  oar  ova  RerelnUoiiaf  )r 
war.  when  ihe  ckaneet  in  the  minds  of  maay 
900a  mea  nearly  poised  between  iadependeaoe 
«ad  salyiifadoD^  Uie  oeiebiated  battle  of  Ki^s 
MooDtain  was  fought  between  Whigs  and  To- 
rito  a  battle  which  has  erowned  the  names  of 
CampbeU  and  of  Shelby  with  immortal  giory«^ 
ft  battle  whkh  nMasorablf  decided  the  l«te  of 
this  Republic— nor  kt  as  longer  vdoabt,  whan  we 
xefleet,  that,  by  nature^  ^^^!7  '^'"^  ^  America  is 
ji  General  for  enterprises  lise  these.  American 
wiles  and  stratagems,  quick  adranoe,  auack,  and 
Jght,  insure  success ;  the  slow  and  expensive  for- 
4nalitic8  of  Buropean  wai&re,  defieaL 

These  unfortunate  people,  euak  in  despotism, 
have  borne  the  contumdy  of  all  nations  for  their 
Spanish  gravity,  jealousy,  and  suspicion ;  but  had 
even  this  heen  eiamined  with  indulgent  kindness, 
.it  waald  have  been  found  to  be  the  mark  whieh 
^sliaguished  the  slave  of  every  country.  This 
natiOMU  gloom  stamps  itself  upon  the  face  of 
every  Sp«niard  as  soon  as  he  is  capaUe,  from  his 
«WJI  r^ectioDs,  to  distinguish  that  the  tyranny  of 
his  Qovemnmt,  haunted  continually  by  the  phan- 
leoDs  of  the  imagination,  has  environed  him  with 
nwks,  and  tortures,  and  the  inquisition,  where  a 
living  death  bf  sufierance  awaits  more  terrible 
4baa  an.  He  dare  n(tf  speak— he  knows  not  but 
^t  every  one  who  hears  him  is  a  spv  upon  his 
jCOfidact-*sUettce  is  his  only  retreat— his  liberty, 
iiis  preperty^  at  the  disposal  of  anv  clandestine 
iaformer— his  life,  his  reputation,  his  honor,  at 
the  disposal  of  an  imfriacable  pries^  who  knows 
no  mercy  or  forgiveness.  Well  might  they  esc- 
claim,  wHh  a  rapturous  fervor.  Oh !  for  a  revolu- 
^ion^it  were  cdeatial  hapjanen  compared  with 
Ihw! 

Jf»  in  the  commencesMnt  of  this  conflict,  many 
tdaody  and  revengeful  acto  have  been  committed, 
,lhe  noble  spirits  who  diceet  the  revolution  can^ 
«ol  be  im|dtcated,  or  their  eause  condemned,  nor 
ought  it  in  jattice  to  be  used  as  an  anumeot 
aiiainst  theaiL  The  horrors  of  our  own  Revolu*- 
tvm  affi)rd  us  proof  of  this,  where  the  father  and 
(he  san  have  been  aimed  against  each  other-*- 
where  cold-blooded  murders  have  been  perpe- 
traud,  butcheries  and  indiscriminate  massacres 
M  men,  women,  and  children,  because  they  were 
Whigs,  or  because  they  were  Tories.  These 
thmgsi  k  is  true,  happened  otkj  in  certain  sec- 
tions of  the  eountnr,  but  they  did  take  place ;  we 
Jmlvo  heard  but  little  of  them;  die  En^sh  histo- 
rians seem  disposed  to  tMMX  a  veil  over  them,  and 
ilhe  American  at  this  time  is  not  disposed  to  tear 
it  aside ;  then,  in  such  a  state  of  things,  can  we 
wonder  if,  in  the  fury  of  contending  armies,  these 
generous  patriots  should  have  left  unpunished 
oripnes,  which,  in  other  times,  their  gentler  natures 
would  hare  wept  at  with  tears  of  the  bitterest 
sorrow  ?  These  things  diould  not  be  attributed 
to  them,  but  to  their  true  source.  Attribute  (hem 
(0  )hat  frenzied  Power  which  sees  nothing  but 
the  bloody  da^^r  before  it,  and  drives  the  Biost 
unresisting  temper  to  madness  and  depair.  The , 
South  Americans  are  now  free,  and  long  may  the 
blessings  of  «  republic  attend  them;  for  1  am 


hai^  in  being  one  of  those  who  believe  the  Ub- 
erUes  of  a  republic  can  be  enjoyed  by  a  Spanaatd, 
or  by  anybody;  the  eiyoymant  of  freedom  is  not 
peculiar  to  aay  aadoa ;  all  will  admit  that  the 
Oraeks  oace  had  it;  the  Romans, the  Dutch, aad 
many  others,  as  dissimilar  m  their  national  ehar^ 
aeters  as  the  English  and  the  French.  Consult 
the  amals  of  the  world,  and  I  believe  it  will  be 
found,  that,  wherever  men  are  capable  of  makiog 
an  efiort  to  obtain  their  freedom,  they  are  capable 
of  enjoyioff  it.  Then  why  not  have  the  benevn- 
leaee  to  aUow  these  brave  patriots  at  least  a  oa- 
pacity  for  freedom,  since  they  have  givea  so 
stroag  a  proof  of  it  as  to  establi^  their  Gbveio- 
ment  through  revolution,  and  maintain  it  in  war  7 

If,  Mr.  Chaimian,  the  law  of  nations  is  to  be 
regarded  by  a  just  people;  if  the  nolitieal  whirls 
winds  which,  for  some  time  back,  so  desolated 
t^  civilized  world,  has  left  them  anything  but  a 
wreck,  or  the  hopeless  resort  of  the  weak  and  the 
impotent,  I  would  say,  that,  whenever  a  contest 
became  doubtful  between  contending  Powers, 
without  aay[  regard  whatever  to  the  manner, 
cause,  or  ori^  of  that  contest,  the  world  ait 
large  has  a  right  to  consider  them  equal,  aad 
even  decide  between  them,  if  necessary,  and  is 
bound  to  extend  (o  the  one  all  the  other  had  a 
right  to  expect.  The  case  of  James  II,  King  of 
ESigland,  is  a  clear  illustration  of  this  positioii, 
and  is  acknowledged  by  all  the  writers  on  the 
kw  of  nations  as  correct;  and  if  a  case  more 
strong  were  necessary,  as  being  a  parallel  in  ail 
respects  to  the  present,  I  would  cite  that  of  the 
revolt  of  the  Low  Countries  ajgainst  Philip  U, 
King  of  Spain,  of  "  exterminating'^  memory,  al- 
ready spoMi  of  by  others,  but  w\m  different  im- 
pressions. Their  independence,  they  dedarad, 
was  acknowledged  by  Elizabeth,  Queen  of  Eng- 
land, the  wisdom,  moderation,  and  iustifie,  of 
whose  government,  is  celebrated  and  acknowl- 
edged by  all,  even  at  this  distant  day,  aad  {daces 
her  among  the  most  illmtrious  monarchs  of  the 
world.  Philip  remonstrated ;  her  anawer  was-^ 
the  law  of  nations  gave  her  the  right,  aad  her 
iaterest  prompted  h^  to  acknowledge  their  la* 
dependence.  Philip  was  content;  nor  did  iie 
even  require  his  Ambassador  to  leave  Londaa. 
And  is  not  England  now  precisely  situaied  aa 
she  was  then— the  same  necessity,  nav,  stronger 
inducements  of  interest  ?  And  will  the  preseDt 
monarch,  instructed  by  history,  be  Jess  wise? 

An  honorable  gentleman  from  Maryland  (Air. 
Smith)  has  told  us  that  the  trade  of  the  United 
States  would  receive  no  benefit  from  that  cooa- 
try.  He  has  told  us  that  the  article  of  w^ieat  haa 
been  brou|;bt  from  Chili  roond  to  Brazil,  or  the 
West  Indies,  and  sold  at  a  lower  rate  than  it 
could  be  taken  from  the  United  States.  I  wojold 
ask  what  the  price  of  wheat  has  to  do  with  tiha 
acknowledgment  of  the  independence  of  those 
Repahlicsf  The  inquiry  has,  too,  been  made 
with  an  air  of  triumph,  what  the  United  States 
would  gain  by  an  acknowledgment  of  this  kind? 
I  will  not  retort  the  question  by  asking  what  we 
QOuUl  possibly  lose  by  the  acknowledgoient;  hot 
I  would  ask,  if  it  i&  a  thing  they,  by  the  law  of 


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«sftioaa»  haTe  a  right  to  give,  wtihoQC  doiog  in- 
justice  to  Bpaia,  or  «ay  Power  whaterer,  why 
not  grant  the  reguest  ? 

But,  air,  I  cootend  that  the  Uoited  Slates 
woald  gaio,  aad  gain  essentially,  too.  Certainly 
BLOthiBg  eoiild  be  more  desirable  to  this  natioa,  so 
fuU  of  eaterprise,  than  a  free  and  direct  trade  to 
th4»ecoiuitneB,  the  most  luxuriant  and  exlensiTe 
In  the  woild ;  so  rich  in  eTervthiog  we  want,  and 
^sontaiaiiig  soeh  inexhaustible  abundance  of  the 
nteeieus  metals,  and  needing  many  things  we 
hare  to  space.  There  is  the  strongest  probability 
that  oor  exports,  instead  of  sixty  or  seventy  mil- 
lions,  would  be  increased  Tery  many  millions,' 
and  would  be  much  benefited,  were  it  only  from 
the  ndramta^  of  our  contiffuous  situation.  Nor 
can  I  perceive  the  force  <m  .  the  remarks  of  the 
hunoiabie  aoember  Irom  South  Carolina,  (Mr. 
LowNUBS,)  luminous  as  he  is  on  all  subjects, 
when  be  tells  us  that  injury  will  result  to  us. 
ns  our  trade  to  that  country,  when  compared 
with  the  trade  of  Qreat  Britain  to  the  same 
place,  is,  according  to  the  little  book  from  PMl- 
ndeipoia,  in  the  ratio  of  one  hundred  thousand 
•to  seven  millions.  Surely,  if  we  cannot  receive 
all  or  most  of  the  benefit,  it  cannot  be  a  reason 
why  we  should  not  receive  some  benefit. 

Bui  the  jp^nd  object^ and  advantage  would  be 
in  ^stematwiag  a  policy  for  America ;  that  we 
might  be  diseathralled-^hat  we  migiit  not  feel 
the  efiects  of  that  political  plexus  which  has  so 
jcntanf  led  the  nations  of  Europe,  by  producing 
.4ho6e  Ultimate  connexions  and  combinations  by 
which  the  wiovements  and  operations  of  one 
Power  nse  eo  felt  by  all,  as  to  influence  their  coon- 
eila,  and  produce  corresponding  motions.  When 
IM»w  we  negotiate,  it  \z  in  Europe  f  wheii  we  are 
ineonrenienced  here,  we  send  on  an  Ao^bassador 
•there;  they  are  governed  by  the  princij^  aad 
polief  o(  continental  Europe^  and  not  by  any- 
thing here*  Do  difficulties  arise  in  Canada,  they 
are  iM(|usted  in  London.  Do  the  same  diffioulttes 
arise  in  Mexico,  the  province  of  Texas,  or  in 
Florida,  it  is  settled  in  Madrid.  Thus  are  we 
eomikdled  to  negotiate  all  our  a^irs  upon  the 
beats  of  Biropean  policy,  because  even  the  best 
inteeests  of  the  colonials  must  give  way  to  the 
policy  dt  tlM  mother  country. 

Bnt  when  the  independence  of  the  South 
Ametieaas  shall  be  acknowledged,  aad  they  take 
tiieir  stand  among  the  great  nations  of  the  earth, 
tiiefe  will  then  be  an  AmericaB  policy,  and  an 
SoMpean  policy,  which  m^T,  in  nM^oti^mn  upon 
juat  and  honomle  principles,  be  fairly  op^sed 
to  nack  other.  Nor  does  it  miliiate  against  this 
poieilien,  whether,  in  the  end,  these  governments 
abali  ha  imenal  or  royaL  instead  of  »publi- 
caa»  wliierii  iney  now  are.  Tke  great  inteiesu  of 
America  will  be  the  same;  and  if,  unhappily, 
4tfioultiea  should  arise  exclusively  on  this  side 
4he  eeean,  there  will  be  no  European  conveni- 
enoe  to  consnJt,  delay,  or  obsuuct  their  adjust- 
iMQt  in  imsa  of  complete  reciprocity. 

To  nduiowledge  now  the  independence  of 
Boitfh  Aoaerica,  wnile  the  United  States  is  writh* 
lag  mdar  n  thousand  wounds,  each  a  sufficient 


cause  of  war,  is  the  suongest  pro^  of  this  mo- 
tion's aversion  to  that  state  of  things ;  and  Spam 
cannot  otherwise  than  receive  it  as  a  new  proof, 
on  the  part  of  the  United  States,  of  their  love  of 
peace.and  friendly  dispositions  towards  His  Cath- 
olic Majesty,  when  they  will  do  justice  to  others 
prompts,  and  seek  it  for  themselves,  through 
years  of  patient  negotiation. 

I  will  not  now  revive  the  long  train  of  injuries 
and  injustice  of  Ebain,  inflicted  upon  us  even, 
from  the  Treaty  ot  November,  1782,  with  Great 
Britain.  I  will  not  recall  to  the  recollection  of 
this  House,  that,  a  very  few  davs  ago,  we  were 
debating  on  this  floor,  with  mucn  earnest  solici- 
tude, the  Georgia  claioks;  I  will  not  remind  \ 
them  that  it  was  expenditures  Gkorgia  was  com- 
pelled to  make  to  secure  her  inhabitants  from  the 
tomahawk  of  the  ruthlese  savages,  invadii^  her  . 
territorv,  and  delighting  in  blood ;  I  will  not  re- 
mind tnem  that  tney  were  instkated  to  this  )>y 
the  infamous  conduct  of  the  still  more  infamous 
Baron  de  Carondelet,  the  then  Spanish  Governor 
at  New  Orleans;  I  will  not  inform  them  thatehe 
seized  upon  the  territory  of  Geor|^  as  high  up 
as  the  thirty-second  degree  of  latitude,  and  bulu 
forts  on  the  Mississippi  above  that  latitude,'at  the 
Walnut  Hills.  I  wOl  not  remind  the  House  that 
Georgia  was  a  part  of  the  United  Slates,  as  ac- 
knovrledged  by  Great  Britain  and  Spain,  an  ally, 
or,  at  all  events,  as  it  regarded  Spam,  we  stood, 
mio  ad  Aoc,  as  Great  Britain  had  done,  and  the 
Treaty  of  Peace  compelled  each  of  these  Poweca 
to  surrender  to  each  other  all  the  territory^  taken 
during  the  war,  except  such  as  was  specifically 
named  in  their  treaty,  i  will  not  revive  the  re- 
membrance of  the  many  imperious,  haughty,  and 
insolent  communications  made  to  our  Govern- 
ment previous  to  the  Treaty  of  17d5.  No,  I  will 
not  mention  these  things ;  let  them  pass  in  si- 
lence, or  as  "a  tale  of  the  times  of  old;''  bat  this 
I  will  say,  and  had  I  the  powm*!  the  undulation 
should  reach  the  shores  of  Spain,  and  echo  on 
the  Throne ;  that  the  deposite  at  New  Orleans  was 
(aken  from  us  without  assigning  us  another  place 
is  such,  in  violation  of  the  existing  treaty.  That 
the  firiojg  into  the  Firebrand,  a  aational  ship,  was 
a  violation  of  existin^reaties.  That  ti&e  incar- 
ceration of  Richard  W.  Meade,  contrary  to  the 
laws  of  Spain,  was  a  violation  of  existing  trea- 
ties. That  the  confinement  of  Farro  in  the  mines 
of  Mexico  for  near  nineteen  years,  was  a  viola- 
tion of  the  existioff  treaty.  That  the  ccmfino- 
ment  of  Baird  and  McKnight,  since  the  year 
1811  or  1812,  conurary  to  the  laws  of  Spain,  was 
a  violation  of  existing  treaties.  That  tlM  cap-  \ 
ture  of  Choteau  and  Uemun,  hx  within  the  lim- 
its of  the  United  States,  and  their  subsequent 
confinement  in  the  prisons  of  Santa  Fe,  was  a 
violation  of  the  existing  treaty.  That  her  per- 
mitting the  British  to  land  in  her  territory  in 
Florida,  during  the  late  war,  to  arrange  and  plan 
invasions  of  the  United  States,  was  a  violation 
of  the  existing  treaty.  That  ker  permitting,  at 
this  very  instant,  the  Indians,  within  her  t«|rri- 
tory,  to  make  war  upon  us,  is  a  violation  of  exist- 
ing treaties.    That  the  letters  of  the  Spanish 


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Spaniih  American  FravinceB. 


March,  1818. 


Minister,  written  from  this  city,  during  the  late 
war,  to  Spanish  officers  in  Sooth  America,  by 
which  intbrmation  was  ffiven  to  the  enemy  in 
the  West  Indies,  was  a  Tiolation  of  all  law,  trea- 
ties, and  the  usages  of  ciyilized  nations,  and 
would  have  hanged  the  most  distingoishea  citi- 
zen of  this  Republic  for  a  traitor.  And  I  sternly 
demand,  if  the  President  of  the  United  States 
has  not  been  insulted  by  every  Minister  of  Spain 
who  has  ever  been  near  this  QoTernm'ent?  Has 
not  Trujo  and  De  Onis  insulted  hiro,  even  while 
Congress  was  ready  to  hurl  the  bolt  of  war? 
These  are  the  acu  of  Spain,  accumulating  with 
the  returning  year,  and  Keenly  felt  by  us,  but  only 
uttered  in  stifled  groans  of  sorrow-— some  of  them 
for  twenty-six  years.  Sir,  if  the  world  wants  a 
model  of  moderation  and  forbearance,  the  diplo- 
matic history  of  the  United  States  affords  them 
ample  and  instructive  lessons. 

Mr.  Chairman,  I  will  not  consume  anv  more 
of  the  time  of  the  House,  and  will  conclude  with 
this  single  remark,  that,  if  Spain  has  been  mis- 
taken in  her  policy  towards  her  colonies ;  if  her 
system  of  tyranny  and  oppression,  practised  for 
so  many  ages,  has  at  lengtii  driven  them  to  acts 
<k  violence  and  of  blood,  she  has  but  done  that 
moral  justice  to  herself  which  the  world,  in  gen- 
eral, has  long  thought  to  be  her  due;  for,  surely, 
it  is  the  veneeance  of  offended  Heaven  whicn 
has  been  awakened  to  punish  this  guilty  ^empire ; 
and,  by  this  revolution,  she  must  be  torn  from 
her  foundation  to  expiate  the  horrible  sacrilege 
she  has  committed,  in  defiling  the  temples  of  that 
Qod  whom  they  pretend  to  adore,  in  calling  upon 
his  name,  at  the  noly  altars,  with  perjured^oaths, 
to  witness  their  treachery  and  deceit,  when  they 
were  about  to  shed  such  oceans  of  innocent  hu- 
man blood,  and  with  mockery,  to  sanctify  the 
deed. 

The  millions,  millions  of  innocent,  unoffending, 
unresisting,  victims^  butchered  by  order  of  that 
Court,  to  satiate  their  cursed  thirst  for  gold,  now 
onr  to  Heaven  for  vengeance,  with  the  tongues 
ofaccnsing  angeb.  ^ 

But,  sir,  I  am  sick ;  my  heart  bleeds  it  the  re- 
membrance of  that  bloody  page  of  Spanish  his- 
tory. Nor  is  there  a  man,  whose  bosom  has  ever 
felt  one  generous  emotion,  that  does  not  feel  his 
blood  run  back  with  icy  horror  to  the  heart,  when 
he  recollects  the  poor  Indian,  whose  whole  soul 
was  a  day  of  sunshine — ingenuous,  noble,  ]i>rave, 
disinterested — free  as  the  winds  which  extend 
from  earth  to,  heaven,  he  slept  upon  the  moss  of 
the  mountain,  and  leaned  his  head  against  a  tree, 
and  said :  ^  This  Is  my  house — there  is  none  to 
take  it  from  me" — content  to  kill  the  wild  ani- 
mals for  food,  and  pluck  the  simple  fruit  with 
which  great  nature  in  her  sportive  fancy  had 
blessed  his  country ;  nor  knew  he  of  misery  or 
distress  until  the  Spaniard  came.  Then,  oh! 
bitter,  sad  reverse !  Butchered  in  cold  blood ; 
roasted  and  burnt  for  crimes  he  never  heard  of, 
or  eould  not  understand;  hunted  down  like  the 
wild  deer  of  the  forest ;  pursued  by  that  foul, 
phrensied,  noisome  thirst  tor  dominion,  into  th^ 
swamps  of  the  Oronoca,  or  tracked  and  torn  by 


dogs  and  blood-hounds  from  his  mournful  hidinf 
places,  in  the  almost  inaccessible  fastnesses  of 
the  monnuins,  whilst  his  bed,  a  rock  in  the 
cavern,  streamed  with  tears  of  anguish  and 
despair. 

But  the  day  of  retributive  revenge  has  come  ; 
cursed  by  those  airy  phantoms  which  flit  before 
their  guilty  apprehensions,  they  have  awakened 
their  slumoermg  vengeance  to  wreak  it  upon  the 
heads  of  their  own  descendants,  because  they  have 
multiplied  in  the  land  of  their  original  ieaohr- 
tion  ;  pursued  and  chafed  by  the  heavy  hand  of  a 
despot,  spurned  as  degenerate  men.  despised  as 
inferiors,  their  petitions  scorned  ana  chastised  as 
the  offspring  of^folly  and  discontent^  their  remon* 
strances  treated  as  presumptuous  insolence,  al- 
most crushed  beneath  a  load  of  accumulating 
wronffs,  they  nobly  resolved  to  be  free,  and  are 
free,  because  they  willed  it. 

Mr.  Johnson,  of  Kentucky,  observed,  that  the 
subject  was  intimately  connected  with  the  cause 
of  civil  and  religious  liberty.  The  cause  in  which 
the  Spanish  patriots  were  enga^ped,  was  identi- 
fied with  the  freedom  and  happiness  of  twenty 
millions  of  people,  and  their  posterity  to  the  latest 
ages.  The  proposition  is  confined  to  a  leirida- 
tive  acknowledgment  of  the  independence  of  the 
Buenos  Ayrean  Republic,  embracing  the  twenty 
provinces  of  Rio  de  la  Plata,  and  tends  to  show, 
that  a  recognition  of  that  independence,  by  the 
President  of  the  United  States,  would  meet  the 
wishes  and  support  of  the  nation.  Such  a  legis- 
lative confession  of  the  public  sentiment,  on  a 
subject  so  important  and  momentous,  in  the  esti> 
mation  of  manjr,  he  conceived  was  due  to  the  Ex- 
ecutive authority^  It  would  be  taking  to  our- 
selves a  just  portion  of  the  respoosilulity  of  suck 
a  measure,  and  tend  to  strengthen  the  arm  of  Ad- 
ministration. It  is  not  a  little  remarkable,  that 
the  opposers  of  this  measure  should  be  driven  to 
the  necessity  of  ascribing  to  its  advocates  a  hos- 
tility to  the  Administration.  But  this  objeetloft 
has  no  greater  weight  than  the  others  whlen  have 
been  ursed  against  it,  and  which  are  made  to  (his 
kind  of  legislative  expression  in  any  aboraet  fom, 
and  because  it  has  assumed  a  form  from  whiek 
there  may  be  some  practical  result.  The  main 
question,  in  debate,  seems  to  be  the  expediency  of 
recoffnising  the  independence  of  the  Provinoes  of 
La  Plata;  this  is  the  essence  of  the  proposition 
submitted.  The  fact  of  independence  has  been 
doubted  by  some,  and  positively  denied  by  odiers ; 
but  this  fact  is  well  established,  and  is  as  certain 
as  any  common  event  reeordea  in  history ;  and 
we  have  sufficient  proof  that  this  independence 
has  been  maintained  with  a  firmness  and  gnllnn- 
try  worthy  of  the  cause.  But  an  objection  has 
been  urged,  that  we  have  not  been  furnished  with 
the  precise  territorial  limits  claiming  to  be  inda- 
penaent.  In  such  a  struggle,  and  in  such  a  vnst 
extent  of  country,  it  would  be  surprising  indeed  tf 
the  precise  boundary  of  the  provinces  had  beetn 
furnished,  and  their  limits  accurately  defined. 
But  it  is  a  matter  of  no  consequence,  and  has  no 
important  or  essential  bearing  upon  the  sabjeet, 
because  it  does  not,  in  the  most  remote  dc^gree, 


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1668 


March,  1818. 


Spaim$h  American  PromneeM. 


B.orK. 


lessen  the  hich  eJaims  of  this  safiering  and  meri- 
torious peop&  upon  as,  to  recognise  their  inde- 
pendence. It  most  he  known  to  these  ffentlen^en, 
that  our  limits  were  as  unsettled  and  undefined 
during  the  Ameriean  Revolution ;  and,  in  fact,  to 
this  Terr  boar,  a  controversy  exists  with  hoth 
England  and  Spain,  as  to  our  true  houndary  line. 
But  did  this  lessen,  our  claim  to  independence 
during  the  Revolution  ?  It  was  well  known  to 
all  the  world,  that  the  Thirteen  Colonies  had  de- 
clared themselves  independeut,  claimed  to  he  in- 
depeodent^and  had  maintained  their  independence 
as  a  sovereign  State,  in  opposition  to  the  power 
of  £ngland.  It  is  equally  well  known,  that  the 
provinces  of  the  River  la  Plata  have  declared 
themselves  independent,  solemnly  jiroclaimed  the ' 
fact  to  the  world,  and  have  maintained  this  inde- 
pendence in  a  manner  which  must  claim  the  re- 
spect and  admiration  of  nations.  A  distinct  and 
aeiMrate  government  has  heen  instituted ;  a  legis- 
lative, an  executive,  and  a  judicial  department 
has  been  organized,  with  the  power  to  raise  ar- 
mies, build  navies,  impose  taxes  to  defray  the 
expenses  of  the  government,  without  aid  from 
Spain,  whose  authority  has  been  destroyed.  But 
it  has  been  urged,  from  the  last  and  most  authen- 
tic intelligence,  tnat  a  part  of  these  independent 
provinces  was  occupied  by  the  troops  of  the  ene- 
mv ;  but  this  can  have  no  weight.  It  will  be  re- 
collected, that,  after  the  severe  and  bloody  battle 
of  Brandywine,  the  British  troops  marched  and 
took  possession  of  Philadelphia,  and  held  it ;  was 
it  ever  contended  that  this  lessened  our  claims  to 
independence  ?  When  we  snlfered  a  most  disas- 
trous defeat  upon  Long  Island,  the  British  forces 
took  possession  of  New  York  and  held  it ;  but  did 
this  lessen  our  claims  to  independence  ?  Previous 
ta  the  capture  of  Cornwaliis,  Georpa,  South 
Carolina,  North  Carolina,  and  Virginia,  were  in 
the  Biilitary  occupation  of  the  British :  did  this 
lessen  our  claims  to  independence,  or  lessen  the 
obligations  of  other  persons  lo  acxaowledae  it  ? 
No  gentleman  will  surely  answer  in  the  affirma- 
tive* But,  waiving  these  objections,  the  recogni- 
tion of  the  independence  of  the  Republic  of  La 
Plata  has  been  pronounced  a  doubtful  policy. 
Does  reco^ition  alone,  without  taking  part  in 
the  war,  violate  the  obligations  of  neutrality  ?  Is 
it  repugnant  to  the  usages  or  the  law  of  nations  ? 
Is  it  in  ooposition  to  the  laws  of  nature,  of  reason, 
or  of  God?  In  short,  is  it  inconsistent  with  the 
most  friendly  relations  ?  The  right  of  recognition 
hMM  been  admitted  by  all,  not  a  doubtful  right  but 
jKMicive  and  undeniable ;  and  the  exercise  ot  this 
right  can  be  no  just  cause  of  complaint  against  us 
by  Spaiia,  or  by  any  other  nation,  unless  our  inde- 
^dence  is  also  denied.  But  the  possibility  of 
war  with  Spain,  and,  consequently,  with  some 
other  European  Power,  seems  to  constitute  the 

rrincipal  ol^ection,  with  some,  to  this  proposition, 
say,  the  possibility  of  war,  for  no  one  has  seriously 
contended  that  a  simple  recognition  is  either  a  just 
cause  of  war,  or  that  it  will  produce  a  war ;  history 
does  not  f  u  rnishan  instance,  and  bare  assertion  must 
lot  be  received ;  but  if  it  should  be  made  a  pretext 
of  eomplaint  against  us,  it  is  u^^,  that  it  is  possi- 


ble it  may  producif  war,  but  it  is  certainly  not 
very  probable.  The  recognition  of  the  indepen* 
dence  of  those  provinces,  sir,  is  not  only  a  right, 
but  in  my  opinion,  it  is,  on  this  occasion,  a  sacred 
and  solemn  duty  we  owe  to  ourselves  and  to  the 
great  and  interesting  cause  of  freedom.  What 
will  be  the  effect  of  this  recognition  ?  Does  it 
give  the  patriots  any  advantage  over  Old  Spain, 
or  any  other  sovereign  State  ?  No,  sir,  it  onlr 
places  them  on  an  equality,  by  giving  them  rank 
among  the  independent  nations  of  the  earth ;  it 
only  consummates  that  course  of  neutrality,  and 
that  system  of  .equal  justice,  which  we  have  so 
solemnly  declared  to  the  world  to  be  our  gMt  ob- 
ject. The  flaff  of  the  patriots  is  admitted  into  our 
ports  and  haroors ;  we  have  opened  a  trade  with 
them ;  we  have  extended  to  them,  by  law,  cer- 
tain rights  and  immunities ;  and  have  endeavored 
to  place  them  upon  an  equality  with  Old  Spain, 
by  our  commercial  regulations;  and  if  anv  bene- 
fit can  result  to  the  Buenos  Ayrean  Republic,  by 
receiving  a  minister  or  commercial  agent,  I  cannot 
see  the  force  of  the  objection  to  this  measure.  The 
conduct  of  Spain  has  not  been  such  as  to  give  any 
great  force  to  a  weak  objection ;  she  cannot  ex- 
pect from  us  acts  of  kindness,  nor  forbearance  in 
the  exercise  of  a  right,  or,  rather,  in  the  discharge 
of  an  obligation.  Peace,  it  is  conceded,  is  the 
policy  of  the  United  States,  if  consistent  with  the 
enjoyment  of  liberty.  We  cannot,  I  admit,  with- 
out great  indiscretion,  interfere  in  the  quarrels  of 
other  nations^  or  depart  from  a  system  of  neu- 
tralit]r.  even  la  the  great  cause  of  South  Ameri- 
can lioerty.  But  the  friends  of  liberty  and  of 
man  cannot  divest  themselves  of  feeling  or  look 
with  indifference  and  apathy  upon  a  contest,  in 
which  ttiey  behold  a  country,  rivalling  in  beauty 
and  fertility  the  rich  and  romantic  vale  of  Cash- 
mere, laid  waste  by  the  ravages  of  war.  and  the 
defenders  of  freedom  treated  as  rebeb  and  traitors. 
There  is  nothing,  most  .certainly,  in  this  great 
struggle  that  should  prevent  us  from  completing 
our  syst^n  of  equal  justice  to  both  parties,  since 
we  have  endeavored  to  effect  that  object  by  the 
commercial  regulations  of  the  country.  And  why 
do  we  hesitate ;  why  quake  and  tremble  at  the 
idea  of  a  recognition  so  important  ?  Why  so 
many  imaginary  dangers  at  the  exercise  of  an  un- 
doubted right  ?  The  crowned  heads  of  Eunme 
may  uke  offence  at  it,  but  what  would  be  the 
basis  of  this  dislike?  Mere  opposition  to  t^ 
triumph  of  republican  principles.  It  was  this  tri- 
umph of  liberty  and  self-government  that  brought 
upon  repuUican  France  the  coalition  of  mon- 
archical Burope.  But  the  nature  of  this  ommition 
is  the  very  strongest  reason  why  the  United  States 
should  recoffuise  the  independence  of  the  Repub- 
lic of  La  Plata.  It  is  called  a  republic,  and  if  I 
did  not  believe  that  the  principles  of  liberty  would 
be  cherished,  and  a  free  and  independent  govern- 
ment established,  the  proposition  would  not  meet 
my  sanction.  Bxercising  a  discretion,  I  would  not 
choose  to  recognise  kingly  power  as  long  as  war 
was  continued  by  the  parties.  The  great  cause 
of  political  emancipation  is  the  stimulatiag  prin- 
ciple with  me,  for  the  exercise  of  this  right  of  re- 


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1660 


U.wK. 


SpturiiA  ilnwifvaii  JP^wrinMt^ 


HxftcH,lSJi8. 


eo^oitidfi.  Thex  ktora  df  the  illiMKridvs  nariga- 
lera  who  dfiscorered  tke  Westtra  World,  shiU  not 
he  in  vain.  North  Arnica  bw  beeome  an  asy- 
lum-^-a  plaeo  of  refage-^rom  the  tyfaany  and 
usarpaftiaa  of  Kings.  A  ray  of  liberty  iu»  poM- 
%rate€  the  gloom  whieh  eaveloped  the  South; 
and,  akhOQgb  the  timid  may  abaadoa  the  canae 
of  freedom,  and  the  bold  and  daring  may  faH  an 
eaity  aaonfiee  upon  her  altar,  the  principles  of 
««ligi«ii8  toleration  and  poHtioal  emaneipaiion 
mast  mardb  on  steadily  (thovgb  slow)  till  the 
"Willcf  Rim  who  controls  the  destioiei  of  the  world 
ehall  have  been  execnted.  If  crowned  heads 
refnse  to  ree<^ise  the  independence  of  fihpanisli 
Aaierka,  it  is  snreiy  no  reason  why  the  (Jafited 
6tates«hould  do  so*  To  what  quarter  of  the  earth 
ahall  they  eend  a  Minister  for  this  parpose.  If 
they  meet  with  no  kin^iess  here,  when  will  they 
reeeire  the  eheering  light  from  the  conntenance 
of  a  Idadred  Qoyernment  7  If  we  dare  not  go  as 
iir  as  the  laws  of  nations  will  warrant.  w4io  shall 
ght  Ibom  the  plandlt  of  Well  done?  libtory 
Veems  with  the  events  of  Repablies,  splendid,  pow- 
erful, and  happy.  They  eaiK  no  more.  D«^t- 
ism  has  swept  them  from  ^e  earth,  and  has  only 
1^  their  names  on  the  records  of  nations ;  and 
we  (the  people  of  the  United  States)  sUnd  alone 
fas  tmsTMt  world  of  tyranny  and  o^ession— no 
kiiidred  ReptibHe  to  sympathise  with  or  to  de- 
pend on  in  the  hour  of  danger  and  dismay^^-and 
alone  deling  the  principles  and  power  of  legiti- 
maty.  Ifo  Oreeiaa  Republic  ;  no  Roman  Com- 
-maa^eaMi;  no  States  Geaeral  of  Holland ;  no 
National  Assembly  ^  France—no,  not  even  the 
little  lUipalilic  of  Baa  Marino**now  exists,  to 
acknowledge  tbe  independence  of  the  La  Plata 
fteaofblie. 

If  I  could  believe  it  was  the  will  of  Heaven 
4iat  1  ihootd  vote  against  the  proposition,  I  would 
bow  witli  teverenee  to  that  will;  if  I  believed 
tteai  duty  «o  my  ooantry  opposed  ray  course,  I 
woidd  cbeettfuUy  obey  the  impulse  of  that  duty; 
if  I  beKeved  that  I  was  about  4o  trample  upon  the 
laws  and  rights  of  nations,  I  would  also  pause; 
Iml  the  omiMtion  of  European  meaarehs  wfll 
iiave  no  influence  upon  my  mind,  Mcept  to  pro- 
^deatnore  posifite  resolution  to  discharge  what 
I  ttotteei  ve  to  be  a  most  saortd  obtigatioa.  Those 
UMMffchs  may  look  with  anxiety  upon  the  part 
w^  may  takc^-they  may  lotfk  at  it,  if  tbey  will, 
whh  an  awM  squinting— but  tto  alarms  are  con- 
reyed  to  my  bosoni.  Resistanee  to  oppression 
omwtitutes  no  crime,  io  my  miad$  nor  shali  I  be 
asbanved  to  rejoiee  in  the  triumph  of  liberty,  and 
the  prineiptes  <^  setf*goverament.  until  I  am  led 
fo  b»eve  that  the  monarehs  of  tne  earth  are  su- 
perior to  the  Bfonareh  of  Heaven.  May  the  Qod 
of  the  Universe,  in  bis  mercy,  sustain  this  stru^^ 
gling  and  suflfering  people,  in  the  eause  of  politi- 
es and  religious  liberty!  I  will  not  fear  the 
fesvlt ;  the  c^rt  of  liberty  has  driased  itself  too 
"wMely,  and  its  enthusianB  too  deeply,  «o  be  con- 
ttolled  by  the  efibrts  of  despotism,  or  the  apathy 
ofkindM  Repablics.  Freedom  has  cast  her  rays 
upon  the  darkaess  of  huinan  error,  and  irradi- 
aMl  the  gioom  whicb  bas  entfhroudea  th^buman 


teind.  Truth  has,  indeed,  restored  the  light  of 
natures  The  conduct  of  Spain  has  been  made  k 
part  of  this  discussion.  The  time  is  fast  approaeh- 
ing  when  we  shall  be  called  upon  to  eaaauae 
this  conduct  more  minutely,  ano  to  Judge  of  ^ 
measures  that  may  grow  out  of  it.  If  Snain  does 
not  relax  in  her  pretensions,  and  ramHiest  a  die- 
position  to  act  witb  more  justice  and  liberality, 
there  ean  be  but  one  opinion  as  to  the  prospect 
of  an  amiea^  adluetment-^  fact  of  which  we 
must  be  convinced,  from  the  information  ceea- 
municated  to  us  by  the  Bxecutive  that  the  oiwo- 
tiatioo  is  at  an  end,  and  that  the  President  has 
determined  to  occupy  the  Fioridas,  in  order  to 
gtmran^  the  peace  and  safety  of  our  citizens  fronoL 
the  wild  incunions  and  bruuil  murders  of  theeav- 
ages.  This  is  policy— this  is  wisdom— and  the 
nation  will  support  the  mieaeiire.  But  the  con- 
duct of  Spain  is  not  necessarily  involved  in  this 
question  of  recG«nition;  nor  the  occupation  of 
tbe  Fioridas  for  indemnity— a  measure  si^gested 
by  the  chairman  of  the  Committee  of  Foreign 
Relations.  Whenever  that  measure  shall  be  pre- 
sented for  consideretion,  then,  and  not  till  then, 
shall  I  conceive  it  my  duty  to  etiter  into  a  detail 
of  Spanish  injuries  and  aggressions :  the  closing, 
upon  the  commerce  of  the  Western  country,  the 
port  of  New  Orleans,  in  violation  of  treaty,  with- 
out assigning  any  other  place  of  deposite  ;  not 
till  then,  ae^  we  estimate  the  spoliations  upon 
our  commerce ;  the  violation  of  the  treaty  of  17^, 
in  not  keeping  in  order  and  subjection,  within 
her  territories,  the  Seminole  savases ;  ner  eon- 
duct  la  the  kte  war,  in  permitting  the  British  and 
the  Indians  to  use  the  Fioridas  as  a  place  of  ref- 
uge—a tallying  point  for  our  enemies.  Ner  wiH 
it  be  a  matter  of  anjr  consequence  whether  this 
state  of  things  did  anse  from  co-operation  on  the 
part  of  Spam,  or  an  inability  to  maintain  her 
local  authorities  and  lier  treaty,  as  weU  as  neti- 
tral  obHgatioas,  to  tfie  United  States.  Whenever 
it  shall  oe  brought  to  this  point— that  we  must 
submit  to  what  is  past,  and  a  prospect  of  what  is 
to  come,  or  occupy  the  Fioridas— my  mind  has 
never  besitated  a  moment  upon  the  course  mv 
duty  10  my  country  would  lead  me  to  pursue,  if 
negotiation  fails.  I  would  not  submit  to  sueb 
conduct  from  any  nation  on  earth.  "^ 

But  this  has  no  iniuence  on  my  mind.  If  the 
conduct  of  Spain  had  been  towards  us  the  most 
amicable  and  friendly ;  if  she  had  acted  not  only 
;  with  the  strictest  justice,  but,  like  Csssm^  w^, 
;  even  without  suspicion,  and  if  her  purity  Itaa 
been  as  spotless  as  the  snow  which  falls  from 
heaven,  it  is  stfil  the  duty  of  this  Gtovemment 
to  recognise  the  independence  of  the  RepObH^ 
of  La  Plato.  Veneauela,  New  Orenada,  Cbili, 
Mexico,  and  liie  rest,  as  soon  as  they  shall  declare 
themselves  free  and  indepefideDt,  and  nmnifeBt  a 
capacity  and  a  determination  to  maintain  tbe  ranic 
and  relations  of  a  foreign  and  independent  Slate. 
But  I  eannot  for  a  moraeivt  hesitate  to  beKere 
that  the  Administration  feels  this  disposition  as 
strongly,  as  cogently,  as  those  wbo  support  it. 
The  preper  point  of  time  can  be  with  tbera  die 
only  cabse  of  hetriation ;  the  desre  must  be  fbe 


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imt 


1I4MHI,  1»1& 


Spottu^  Jutuficun  JPft^iHOBt* 


H.oEi 


liaie  with  »t«ry  bnm»h  of  tlie  Gov^rnmeiit  as 
with  the  pvofJv.  Ei»erythiiii,  sir,  eviiees  the 
ekam  of  South  Amtwkm  to  indopettiente ;  iu 
iistmnee  from  Enrope-^the  nature  and  interest  of 
its  soil  Mid  limiis-^the  ebaitcter  of  its  peoplo— 
ail  eoQipire  to  show  thait  it  noTer  was  deemed 
hy  He«veo,  that  it  should  be  sohiect  to  the  dosi- 
ination  of  Soropean  nilers ;  bat,  like  our  belored 
eonntry,  it  should  one  day  beeoae  the  great  saae- 
tvcry  of  liberty,  and  the  asylam  ef  persecution. 
To  oppose  this  destiny,  would  not  only  be  uselese, 
bvt  idipioQe  and  impomio.  The  Gof<emme»t  of 
the  United  Stmee  has  beeo  distingnishod  for  its 
yaitk^  modemtion,  and  pacific  policy*  We 
should  nanintain  that  eharaeter^  we  should  not 
deyan  from  that  course  of  conduct ;  let  us  be  cau*> 
ttovS)  bat  decisiTe;  not  rash  or  timid,  but  bo4d 
uid  prudent;  let  us  do  nothing  that  would  inp* 
ftinge  the  rights  of  othmrs,  but  feel  no  al^m  at 
the  consequences  of  doinff  what  it  is  our  doty  to 
perform.  We  can  rend  the  conditio&of  this pe^' 
plo  by  tuning  the  mind  back  to  the  scenes  or  the 
Amerioan  Refolotion. 
B9t  it  hM  been  nsseiaed  tiwt  the  Sonth  Amer* 
hnve  not  been  fighting  for  Mberty  and  self-* 
It  has  been  asserted  that  they  were 


goTenment* 

not  entttlpd  le  our  sympathy ;  that  the  independ- 
enoeof  theSpnttish  MMmneeewasa  matter  of  no 
oenocqnenoe  to  the  United  States,  polttically  oe 
commercially ;  and  that  self-coYcrnment,  and  the 
eetnblishnMnt  ^  Uberty,  mi|^t,  to  be  sme,  be  of 
so«»  censofnenoe  morally,  hot  conld  not  be  sik 
politically  or  eommeraialky.  How  sntprising! 
How  wonderful  I  Let  ns  for  a  moment  con* 
aidm  this  point.  A  connexion  with  Sooth  Amer- 
ien  iS)  in  an  eminent  degvee,  importnnt,  commer* 
etaUy,  pnittieally,  and  nK»ally.  From  tho  nature 
of  our  Government  nnd  institutions,  we  are  con* 
sidered  by  the  pemile  of  South  America  thetr 
natUMl  frjendsanid  allies,  and  from  this  necessarily 
ex]>eet  from  us  thert  aid  and  assistance  which  a 
nation,  contending  for  the  same  political  psinoi* 
pies,  and  haying  nn  intimate  neogmphical  conr 
nesion,  has  a  right  to  expect.  Shoold  we  coldly 
'    r  aelicit, 


the  favor  they 


,  the  result  will  be. 


that  ihey  wtM  lose  that  synapaihy  they  now  feel, 
••d  transfer  their  i 


■  present  nttMhmentand  r^peot 
to  some  other  Fower,  len  phfagmatio  and  indif» 
Cerent  to  their  own  Interests  And  what  wonld 
he  the  lees,  in  a  pecuniary  point  of  view?  A 
naarket  caicniated  to  consume  the  surplus  of  onr 
npsknknml  products  and  mnnnftetuies,  and  the 
nmnnl  adraatnges  thnt  wonhi  result  in  the  ex- 
oAnno  of  onr  commodities  te  the  precioos  metr 
nJsnfone.  We  should  iadead  hnroyaswe  now 
trnwCf  the  oneeftainnnd  limifed  maekeis  which 
the  Cnnndas  aad  the  West  Indies  aff»rd,  under 
the  illibceni  systems  of  colonial  regulations.  The 
smrpkH  prMnce  of  two  Statee  alone  would  s^yply 
them,  w^sb  the  whole  of  that  rich  nnd  beaotifol 
eoimiry.  whoso  independence  iu  ciiiinens  wish  us 
to  reeognieev  wonld  he  lost  to  us  perhaps  forever. 
But  tlus  U  not  niL  Fcom  the  very  natareof 
things,  we  should  beconae  her  oatriers  as  long  as 
the  two  ntttions  exist.  Mexico,  for  instnuecy  u 
sianated  like  China,  and  not  likely  to  beoome  a 


nntion  of  mntiners,  but  must  receive  the  nntione 
of  the  earth  into  her  ports,  and  mve  hev  hoUio* 
in  exchange  for  the  productions  of  other  countrtesi 
Onr  vessels  would  fill  every  port,  and  from  oof 
vicinity  enable  us  to  enrry  off  nine-tenths  of  hev 
commerce.  And  yet  this  is  to  us  (^  no  kind  of 
importance,  but  a  real  ovil !  Have  those  who  aid* 
vooate  this  dootrino  piod  proper  attention  to  the 
geography  of  these  eonntries  they  so  viehemently 
depreemte  ?  Where  shall  we  find  a  nmre  lewln 
a  move  abundant  region  ?  Where  shall  wn  look 
for  a  spot  on  earth  vrfaere  nature  has  Ihvished 
more  wealth,  and  gceater  beauties  7  Wheto  shaM 
we  find  so  hnppily  realised  the  visions  of  poetry) 
and  the  descriptive  painting  of  imagination  ?  A 
comitry  of  inMsense  extent  and  a  soil  of  endlem 
variety  aad  flsrtility,  teeanng  with  tho  mestpiB^ 
cions  metals,  and  beaodfied  with  the  most  splenf 
did,  elegant,  and  useful  botanical  prodoetionsw  A 
country,  in  the  emphatie  langungoof  saiptwoi 
fiowing  with  nnlk  and  honey,  end  where  nntore 
seems  to  repese  from  her  toil,  and  sinmpon  hot 


pvoductions  the  peifsefion  of  benuty. 
waters  of  La  Plata,  the  vmriety  of  i^  soil,  the  d^ 
versity  ol  its  eHmatej  the  pioductions  of  tho  tem- 
pemte  and  the  torrsd  zonf^--the  minee  of  PMosi^ 
unrivatUed  in  ancient  or  modern  tinees'  tho^  kH^ 
summits  o^ttie  Andes,  oovored  with  never  melting 
snows^nor  the  delightful  vnlee  of  the  Farana  nni 
the  Uragnay^nor  the  prospect  ef  ftee^Nmi  to 
millions  of  human  beings,  can  sw«ell  with  Might 
the  bosoms  of  some  men.  And  a  connexiew  With 
this  hishly  gifted  land,  in  the  opinion  of  sown,  is 
a  real  msadmntage,  in  n  eoaameveinl  and  pb^lenl 
noint  of  view.  But  the  patnots  of  South  Amef- 
toa  have  been  demed  the  merit  of  fehting  for 
liberty;  this  chnrgo  is  neither  novel  nor  well 
founded.  I  need  only  refer  to  the  h^ory  of  onr 
own  country }  thesame  charge  was  mode  iq{eittBt 
onr  fathers,  who  were  engaged  in  the  clerioiis 
strogi^  which  has  eventuated  in  the  Messings 
we  enjoy.  Whnt  sweoger  proofs  we  reqttlreef 
the  parity  of  the  motives  bv  which  the  Seedi 
Americans  nre influenced  in  their  present  struggle, 
dmn  thnt  they  have  submitted  for  so  nanny  yenis 
to  the  privntioiiB  and  de  Offers^  and  miseries  of  war? 
What  hot  ndeoMOoSNl  love  of  liheiey^  ooild  ave^ 
doeethislotikadevorbegetihisperseveiancet  And 
nie  we  to  be  told  that  they  do  not  merit  owr  sym- 
pafthy,  while  eovtendittg  nnd  struggling  thlwngh 
miserns^  nnd  wnnt^  and  dnngers,  fbr  the  posseesien 
of  those  rights  which  we  have  obtalneiA,  and  to 
which  the  hnmnn  fiMoily  are  entitled  by  nutnte? 
Mcftifnl  Heaven !  hmve  we  indeed  eome  to  this  9 
Are  we  redlnoed  so  low  in  the  eenleof  hniinnlly  f 
1  shudder  to  think  of  the  ooneeqnenees  ef  such 
doctrines^  A  vista,  dark  and  dvenry,  nnd  dwiMi, 
opens  before  me.  I  see  apathy  shedding  her 
ttlarming  inflnence  ever  the  henru  of  my  ceun- 
^ymen,  and  the  mine  of  despotism  winding  her 
mazy  folds  around  the  offopring  of  freedom.  Soeh 
indifferenee  does  not  become  the  America*^  peo- 
ple in  a  cauBc  like  this.  Ut  their  ncel  to  oppee^ 
this  measure)  gentlemen  have  indeed  gone  so  §tr 
as  to  endeavor  t»  ptove  thnt  the  fireedom  and-  iik- 
dependenee  of  the  Spnnish  proeinoce  wonM  net 


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1564 


H.«vR. 


Sptmith.  American  Prmrineei. 


MiaoBy  1618. 


Mlf  be  of  fto  politieal  and  eommareial  eonse- 

Sienee,  bul  singularly  uofortanate  to  tbe  United 
tatet— ibmt  oor  happiness,  freedom,  and  prosper- 
ity, would  decline  in  consequenee  of  such  an 
eyent ;  and  yet,  at  the  commenoement  of  this 
disciuiion,  erery  one  expressed  the  most  ardent 
desire  lor  the  patriot  cause. 

It  is  possible  that  necessity  has  driren  members 
of  this  House  to  such  a  course  of  reasoning  to  op- 
pose the  proposition  before  us,  but  it  shows  the 
ud^leness  of  error.  Sir,  to  deny  that  the  struggle 
in  BonCh  America  has  been  a  struggle  for  liberty 
and  independence,  is  to  close  our  eyes  against  the 
facts,  and  the  history  of  that  struggle;  and  to 
deny  that  any  commercial  political  ad?antaffe 
would  flow  from  the  establishment  of  independ- 
ance  in  South  America,  is  to  deny  self-evident 
propositions ;  we  mav  as  well  deny  the  existence 
of  matter,  or  any  other  physical  agent.  It  has 
been  boldly  asserted,  that  there  is  no  parallel  be- 
tween the  American  Revolution  and  the  struggle 
in  Spanish  America.  I  know  not  through  what 
aedittm  gentlemen  may  view  things;  but  I  can 
aee  a  most  striking  aiialo^  in  the  two  cases. 
We  had  a  heavv  burden  of  grievous  impositions 
to  bear*-so  had  they,  perhaps  tenfold  greater; 
we  had  oor  dav  of  loyal  attachments,  humble  pe- 
titions, and  mild  remonstrance — so  had  they ;  we 
were  spumed  and  driven  from  the  royal  favor — 
so  were  they ;  in  the  progress  of  the  Revolution 
we  had  had  our  day  of  resistance,  and  appealed 
to  arms  oo  had  they ;  we  had  our  dav  of  pro- 
scription, when  the  penalties  of  rebellion  and 
treason  were  fulminated  against  our  fathers — so 
hmd  they ;  rising  with  the  crisis,  we  had  our  day 
of  independence,  and  proclaimed  it  to  the  world 
«-^so  had  they;  we  had  our  committees,  our  con- 
ventions, and  our  Congress— so  had  they  their 
juntas,  municipalities,  and  Congress ;  we  had  otu 
Warrens  and  our  Montgomerys— so  have  they; 
we  had,  too,  our  Arnolds — and  so  have  they ;  and 
as  we  were  triumphant,  if  the  patriots  of  South 
Aaeriea  shall  be  worthv  of  the  cause,  and  true 
to  themselves,  the  same  kind  Providence  will  up- 
hold them,  and  make  them  triumphant  also. 
When  we  compare  the  extent  and  resources  of 
tho  Peninsula,  or  Old  Spain,  with  the  extent  and 
resources  of  South  America  and  New  Mexico, 
this  opinion  will  acquire  additional  strength  ana 
oonfirmatioo.  But,  although  history  furnishes 
many  examples  of  successful  revolutions  against 
the  heavy  hand  of  despotism,  yet  we  are  called 
baok  to  the  frequent  success  of  power,  and  re- 
minded; that  the  diffieoltias  whtch  arise  from 
MVolotAOtts  are  of  no  ordinary  eharaeter,  and  that 
to  meet  them  reouires  the  most  heroic  fortitude, 
and  the  most  gallant  eondncu  I  am  aware,  sir, 
that  the  system  of  oppression  cannot  easily  be 
overthrown,  and  that  the  power  of  crowned  heads 
will  not  be  surrendered  willingly ;  they  will  not 
surrender  inexhaustible  mines  of  wealth,  the 
treasures  arising  from  the  toil  and  sweat  of  the 
laboring  poor,  without  compulsion;  the  fairest 
^portion  of  the  globe,  and  twenty  millions  of  sub- 
jects, the  victims  of  their  unhallowed  pleasure 
aod  ambition ;  and  the  world  must  remain  in  the 


most  anxious  and  awful  suspense  about  the  event 
of  this  struggle,  and  wait  with  eaffemess  to  know 
how  the  revolution,  in  many  of  the  Spanish  pro- 
vinces, may  terminate.  The  price  of  liberty  is 
blood.  The  mind  reioices  in  hope,  when  it  ia 
recollected  how  long  these  patriots  have  sustained 
the  glorious  contest,  and  defied  the  bloody  con- 
flict.  This  gives  the  strongest  evidence  of  the 
merit  of  the  persecuted  combatants,  and  the  jus- 
tice of  their  cause.  The  Israelites  were  doomed 
to  forty  years  sojournment  in  the  wilderness,  and 
were  in  sight  of  the  land  of  promise,  because  they 
proved  unworthy  of  the  blessing  of  HeavOni 
they  were  alarmed  at  the  information  of  the  spiea 
of  toe  army,  who  gave  them  a  description  of  the 
gianu  who  inhabited  the  land  of  Canaan ;  a»d 
notwithstanding  the  cause— the  banners  undef 
which  they  fought— they  were  alarmed  at  the 
sons  of  Anak.  For  this  they  were  doomed  to 
spend  the  remainder  of  their  days  in  the  wilder- 
ness, until  a  new  race  of  warriors  should  be  raited 
up  worthy  of  the  holy  cause  in  which  they  were 
engaged.  The  same  may  be  the  design  of  Heavea 
in  reUtion  to  the  South  Americans,  m  permitting 
this  sore  trial  of  cruelty,  and  suffering,  and  mmt* 
der.  This  severe  probation  may  produce  a  race 
of  heroes  worthy  of  the  cause  of  independenee. 
The  rising  youth  may  catch  and  diffuse  the  hokf. 
fire  of  liberty,  and  rush  on  to  battle  and  to  certain 
victory. 

Something  has  been  said  of  the  character  of 
the  war  which  has  been  waged  in  South  America* 
And  as  the  patriots  have  b^n  compelled  to  retal- 
iate, upon  some  occasions,  the  murders  and  cru- 
elties of  the  mother  country,  they  have  been  con- 
sidered unlike  the  patriots  of  our  Revolution,  who 
abstained  from  the  system  of  retaliation.  It  U 
not  the  fact  that  we  gave  up  this  right,  or  that 
we  omitted  to  exercise  it  whenever  it  was  neces- 
sary and  proper.  When  it  could  be  omitted  it 
was  omitted,  and  not  otherwise.  When  policy 
could,  with  safety,  yield  to  mercy,  our  uthera 
were  governed  by  the  principles  of  humanity. 
At  a  time  when  the  patriots  of  our  Revolution 
were  considered  and  denounced  as  traitors  aad 
rebels,  by  royal  proclamation,  nothing  but  the 
most  solemn  aeclaration  on  the  part  of  Congrese 
and  General  Wassuiqton,  at  the  head  of  our 
armies,  that  retaliation  should  be  most  ru[idlf 
pursued,  prevented  the  assassination  of  our  officers 
and  soldiers  when  prisoners  of  war.  This  alone 
saved  many  of  them ;  this  system  of  retaliation, 
or  the  fear  of  it,  induced  Great  Britain  to  give  up 
the  idea  of  rebellion  ahd  treason,  and  suyed  the 
hand  of  the  executioner.  And  if  the  fatfaevs 
of  our  country  had  permitted  our  gallant  offieem 
and  soldiers  to  have  been  hung,  shot,  and  murder- 
ed, without  retaliation,  they  never  could  have 
succeeded  in  the  cause  in  which  they  were  en- 
gaged, nor  have  secured  the  confidence  of  the 
people.  Indeed  the  people  would  have  had  ample 
cause  to  have  abandoned  a  Government  feeble, 
inefficient,  and  withholding  protection  where  it 
was  due.  No  such  foul  charge  can  be  made 
against  thoae  who  conducted  oor  Revolution.  In 
the  late  war  with  Great  Britain,  when  this  aane 


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HISTORY  OF  OONORBSS. 


16M 


Much,  1818. 


ojpofttjs^  iiffMncafi  InrovittC6$. 


H.orR. 


tfttem  of  eroeltf  was  eommmeed,  did  oar  Chief 
Maigittnite  nltaily  and  tamely  look  on  ?  Wiien 
the  fmllaat  Irishman  was  taken  in  arms  fighting 
for  his  adoptett  eoontry,  and  thrown  into  prison 
as  m  traitor  to  bis  sovereign,  what  stayed  the  sen- 
tence of  condemnation,  or  tne  hand  of  the  ezecu- 
tioner,  hot  the  firmness  and  decision  of  Mr.  Mad- 
ison— a  name  I  can  never  utter  without  respect, 
▼eneftttion,  and  affection.  He  took  hold  on  the 
British  soldier  and  pnt  him  in*  prison ;'  and  Eog- 
land  had,  to  her  shame,  to  retrace  her  steps,  and 
to  aelaowledge  the  harshness  and  infamy  of  her 
coone.  The  lex  taHoniM  should  he  preserred — 
Uood  should  pay  the  price  of  blood.  And,  in  this 
case,  British  officers  and  soldiers  would  have  been 
the  victims  of  British  poliev.  *There  is  nothing 
to  condemn  in  the  system  of  retaliation.  If  pur- 
aoed  by  the  patriots,  it  was  a  solemn  discharge  of 
a  most  solemn  duty.  The  system  of  murder  did 
BOt  begin  with  them.  To  this  day  the  armies  of 
dd  Spain  consider  and  treat  them  as  traitors; 
nnd  if  the  patriots  do  not  retaliate,  whenever  it 
may  be  neeessary,  they  deserve  to  fall  the  victims 
•f  anch  A>liy  anil  imbecility.  In  one  point  it  is 
hoped,  aad  it  is  known,  that  they  have  not  imi- 
tated the  enemy.  The  fact  has  been  mentioned, 
and  it  is  not  denied,  that  the  troops  of  Old  Spain 
had  been  employed  in  poisoning  the  water,  and 
Iho  food  of  the  patriots,  to  destroy  them.  In  this 
aystem  of  destruction  they  have  not  been  imitated. 
No,  sir,  Satan  himself  would  be  ashamed  to  claim 
kindred  with  a  foe  so  inftmous.  When  he  re- 
belled, and  was  without  hope,  he  exclaimed,  fare- 
wM  hope,  aad,  with  hope,  tarewell  fear.  Though 
fallea  from  his  high  estate,  and  in  despair,  he  was 
content  with  a  deelarau'on  of  open  war,  and  open 
acts  of  hostility.  The  arbitrary  power  of  provin- 
cial ofiicets;  the  cruelty  of  the  Captain  Qeneral 
of  Old  Spain;  the  vigilance  of  the  spies  of  the 
inquisition ;  the  unhappy  condition  of  tne  natives, 
have  not  been,  when  combined,  sufficiently  pow- 
erfal  to  stop  the  march,  and  arrest  the  progress 
of  oorrect  retolotionary  principles. 

The  patriots  have  acted  in  a  manner  worthy 
of  thoDselves,  in  ukioff  advantage  of  the  first 
favorable  opportunity,  the  invasion  of  Spain  by 
Napoleoh  Bonapart^  and  the  subversion  oif  the 
Spanish  aad  kingly  authoritv  in  that  counuy,  to 
Mekre  themselves  inde|ieadent,  and  throw  off 
the  voke  of  bondage  which  bowed  them  to  the 
caatli.  The  most  unlimited  and  arbitrary  ezer- 
aaao  of  power  has  been  practised  by  the  Spanish 
Viceroys;  nocturnal  arrests  have  been  made 
by  carrapt  jodM  the  willing  instruments  of  cor- 
rape  power;  iNinishment  without  trial;  trans* 
^rtatian  to  Old  Spain,  without  assigning  the 
caoeee;  offices  confined  to  European  Spaniards ; 
laaniifaeiiires  prohibited;  the  culture  of  other 
commodities  hmited ;  the^  establishment  of  the 
taqoisition,  and  a  perfect  system  of  religious  in- 
tolerance ;  liberty  of  speech  and  the  press  un- 
known ;  no  trial  by  jurv ;  property  insecure,  and 
at  -the  will  of  judges ;  the  study  of  political  econ- 
omy, prohibited ;  and  other  acts  of  oppression, 
which  would  fill  a  volume,  have  been  tht  acts 
which  they  have  groaned  under.    I  cannot  feel 


indifferent  in  such  a  cause ;  and  while  I  am  wil» 
ling  to  vote  in  favor  of  recognition,  as  proposed, 
I  ain  unwilling  to  step  beyond  the  bounds  of  dis- 
cretion, or  depart  from  our  neutral  obli^tions. 

In  the  day  of  our  adversity,  how  anxious  were 
we  to  be  recognised  bv  foreign  Powers,  and  to 
claim  their  assistance  ?  But  here  we  are  asked 
only  to  recognise  the  independence  of  the  South 
American  provinces,  already  free  and  soveteiffn, 
without  requiring  our  aid,  whidh  cannot,  coimst»> 
eotly  with  the  law  of  nations,  give  cause  of  com- 

Slaint  to  any  Power  on  earth.  When  clouds  and 
arkness  hung  upon  our  political  horizon,  how 
did  the  bosom  of  the  patriot  swell  with  rapture 
and  consolation  when  European  nations  begtm 
to  acknowledge  our  independence!  We  htVe 
succeeded ;  we  arose  from  the  thraldom  which 
benumbed  our  faculties  with  renovated  vigor  and 
redoubled  energy.;  nations  gazed  with  ipteaish^ 
ment  at  the  novelty  of  thespectacle  and  the  mag- 
nitude of  the  enterprise.  Despotism  shrunk  from 
our  hemisphere  as  from  contagion  and  death,  and 
the  world  regarded  us  as  a  prodigy.  Sooth  Amer i- 
has  pursued  our  track  ana  imitated  our  fflorious 
example.  The  gloom  of  superstition  and  oppres- 
sion has  vanishM,  and  their  path  has  been  irra- 
diated by  the  beams  of  liberty.  They  have  waded 
through  blood  and  submitted  to  misery  to  obtain 
a  participation  in  the  blessings  we  enjoy.  They 
say  to  us.  We  are  your  brethren ;  yon  are  the  only 
Gk>vernment  on  earth  that  ought  to  feel  an  inter* 
est  in  our  destiny ;  the  monarchs  of  Burope  have 
set  their  faces  •jpinst  us ;  their  policy,  their  in*- 
terest,  will  notsuner  them  to  aiveus  countenance ; 
we  are  fighting  the  battles  of  freedom ;  the  cause 
is  one  which  must,  which  ought  to  be  dear  to  you ; 
we  stand  alone,  unaided  and  friendless ;  we  wish 
you  to  recognise  that  independence  which  we 
have  achieved.  If  you  will  not  extend  the  hand 
of  fraternal  love,  to  whom  can  we  look,  to  whom 
dare  we  apply  ?  Should  we  be  crashed  by  the 
hand  of  power,  you  stand  alone  against  the  des- 
potism of  Burope  and  the  world.  Could  you 
hope  to  resist  such  a  combination  ?  Aad  if  you 
fall,  where  is  freedom  to  find  a  shelter,  and  man 
an  asylum  1 

It  is  the  will  of  Heaven  that  South  America 
should  be  free;  let  all  oppositioa  cease ;  let  the 
nations  of  the  earth  search  after  His  will  and  obey 
His  commands ;  His  power  cannot  be  coiHrolM; 
His  providence  cannot  be  resisted  ;  He  governs 
the  nniverse;  then  let  us  do  these  people,  let  ua 
do  ourselves, Justice.  This  is  not  a  naoment  lot 
hesitation.  To  pause  will  perhaps  be  serious. 
The  acknowledgment  of  their  independence  can- 
not injure  the  cause  of  freedom,  or  give  jast 
grounds  of  offence  to  nations ;  but  it  wul  iaspise 
confidence— give  thema  stand  and  an  attitude  that 
JBorope  will  respect,  and  reanimate  the  drooping 
spirits  of  the  Patriots.  We  shall  preserve  the 
character  we  have  acquired;  our  actions  wUi 
correspond  with  our  professions ;  and  the  world 
and  posterity  will  acknowledge  that  our  career 
has  been  that  of  generosity  and  of  greatness,  and 
our  conduct  just  and  magnanimous. 
Why  shouhl  we  hesitate  ?    Can  we  fear  the 


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liAMa^lSlt^ 


Bif«IV  wkea  we  witness  so  nDireffstl  a  spirit  of 
painotiMB  perTftdiaf  til  raaks  and  clatees  of  so- 
oitty,  and  settiag  at  defiance  want,  and  wret^« 
edness,  and  tortnre?  Can  we  fear  the  result, 
wbeft  we  remember  that  erery  event  is  nader 
tke  direction  of  Gk)d's  proridence  ?  His  infinite 
wisdom,  and  His  tcntler  mercf  will  be  mani- 
fasted  ia  the  resuk.  Then  let  ns  not  hesitate ; 
let  as  act  worthy  of  oturselTcs,  and  CTiace  to  the 
world  that  we  are  not  only  free,  but  worthy  of 
that  freedom^ 

Mr.  PoaaTTB  spoke  briefly  in  explanatieo; 
when,  on  motion  or  Mr.  Smtth,  of  Yirg[UHa»  the 
Committee  rose,  uid  obtained  leave  to  sit  agaia. 

>• 

FaiOAT,  March  27. 

Mr*  RiCB,  from  the  Gonuiuttee  of  Claims,  *to 
which  ms  referred  two  report^  of  the  Coaamis- 
sieasr  m  Claims,  containing  the  reports  of  the 
fiuita  ia  one  haadred  and  fifty-eight  cases  of  appM- 
aaiiotte  for  payment  for  property  destroyed  by  the 
eaamf  in  Buoalo,  and  its  vicinity,  on  the  Niagara 
frontier,  from  the  lOch  December.  1613^  and  the 
lalof  Jaa«ary,  1814^  both  inclusive^  made  ft  re- 
part  theteoa,  which  was  read ;  when,  Mr.  R*  re- 
Mtada  hiU  for  the  relief  of  the  su&rers  on  the 
lllagara  frontier,  whicb  was  read  twice  and  com* 
BMltad  to  a  Comauttee  of  the  Whole. 

Mr»  WiiAUisa^  of  North  Carolina,  made  a  re- 
pert.oa  the  petition  of  Kenziaand  Forsyth,  which 
was  read ;  when,  Mr.  W.  reported  a  bill  for  the 
relief  of  Keaaie  and  Forsytn,  which  was  read 
twieaaadoemBEiiuedtoa  ComoMtteeof  the  Whole. 

Mr.  RBBi^  reported  a  bill  for  the  relief  of  Cor^ 
pelia  Maeon,  which  was  read  twice  and  commit- 
led  to  a  Committee  oi  the  Whole. 

Mr.  Bmobbb,  from  the  Committee  oa  the  Ju* 
diaiary,  reported  their  agreement  to  the  amend- 
aasnte  proposed  by  the  £mate  to  the  bill,  entitled 
'*An  act  respecting  the  district  couru  of  the  Uni* 
ted  Sutes^  within  the  State  of  New  York;'' 
which  were  conoBrred  in  by  the  House. 

Mr.  Bbbobbr  also  reported  the  agreement  of 
the  said  committee  to  the  saiendments  proposed 
bv  the  Senate,  to  the  bill,  entitled  ^*Ab  act  to 
alter  the  time  of  holding  the  circuit  coart  in  the 
acBthern  district  of  New  York,  and  for  other  pur- 
BasBs.".  The  ameBdmeot  was  committed  to  a 
UOBimittee  fd  the  Whole. 

Mr.  Hbbbbbt  from  the  committee  appointed 
ea  the  petition  of  John  Daraall,  by  leave  of  the 
HiiUBCL^Mported  a  bill  for  the  relief  of  the  said 
John  Daraall,  which  was  read  twice,  and  com* 
miMed  to  a  Comauitee  of  the  Whole. 

On  motion  oi  Mr.  Puidall,  a  commii«ee  was 
appointed  to  inquire  into  the  orpediency  of  mak* 
iag  ptofision,  \y  law,  touching  the  prosecution 
of  petitioos  of  right,  and  informations  of  intrusion, 
ia  thefedeml  courts,  in  cases  wherein  the  United 
States  are  concerned;  and,  Messrs.  Pibdall,  Sbb* 
afeUBT,  Cobb.  Abam%  and  Tallmadob,  were  ap- 
paiated  the  committee. 
.  OnmotionofMr.  Claibobbb, 

RemAvtd,  That  the  Psesidaai's  BAeuage,  and 
aaeoaqiaBying  documents^  upon  tha  sBk^ect  of  the 


espenses  incurred  under  the  4ih,5th,  6tb,  aad  7tb 
articles  of  the  Treaty  of  Qhent,  be  remied  to  m 
committee;  and  that  they  be  instructed  lo  inquixB 
into  the  nature  and  causes  of  said  ezpenees ;  also^ 
into  the  prtoaiples  upon  which  the  Commisstonerai 
uadtt  the  6th,  and  7th  artidee  of  said  treaty  hava 
heretofore  proceeded  in  theesecmion  thereof,  aod 
that  said  committee  makea  detailed  report  thereon, 
for  which  purpose  they  shall  have  pouFor  to  send 
for  suah  persons  and  papers  as  they  aaay  deedt 
necessary. 
Messrs.   Claibobbb,  Babboub,  of  Vunnia^ 

ROBBRTBON,  of  KcntUCkf,  MOBTOB.  Bud   Wu.« 

UAMB,  of  Connectictti,  were  appoiated  said  oouIk 
mittee. 

Mr.  MoLabb,  from  the  CoBMnittee  ca  Coaa«> 
merce  and  Manufirctures,  to  whom  waa  saferrad 
the  bill  from  the  Senate,  entitled  *^An  act  oan* 
cemiag  the  bamit v  or  aUowance  to  fishing  Bsseeis; 
in  certain  oases,"  reported  the  same  withe«i 
amendment,  and  the  bill  was  read  a  thifd  tima| 
and  passed. 

Mr.  SiOTB^  of  North  Carolina^  sBhoMeted  a 
joiat  resolutioB,  directing  the  prinua^  and  diatr^ 
button  of  the  act  for  the  rcHef  of  oertaia  smriiiiiBf 
officers  of  the  RavbhitioB,  and  tha  tastrBctioBa 
issued  relative  thereto,  dnm  the  Department  af 
War,  among  the  clerks  of  the  aevanu  eauns  cC 
record  withia  the  United  States;  wfaielt  was 
twice  read  aad  ordered  to  be  eagrosad  for  a  tyvd 
readlag. 

The  biU  sopplemoktary  to  the  act  ^  to  aothoa^ 

*  ise  the  State  of  Tennessee,  to  issue  gsanu  and 
^  perfect  titles  to  certain  lands  theieta  deeeriha#, 

*  aad  to  settle  the  claims  to  the  vacant  aad  UBhp«> 
<  propriated  knd  within  the  same,"  pneed  tha 
18th  day  of  April,  1816,  was  received  from  tha 
Seaate,  and,  having  bean  twice  read,  the  ^sestioB 
was  stated  on  ito  being  ordered  to  a  seoond  read* 
ittg*— > 

Air.  Sdwabdb  roscj  not,  he  said^  for  the  parpoea 
of  opposing  the  bilL  for  that  would  be  aaavailiiig  ; 
nor  bad  he  any  wish  to  commit  it.  It  was  well 
knowa  that  an  unpleasant  difiereaoe  had  long  es* 
isted  betweea  the  States  of  North  CaroliBa  aad 
Teaaeesee  in  relation  to  the  object  of  the  biU^ 
upon  which  both  States  had  memorialmed  Caai^ 
ffresB.  The  Supreme  Court  of  the  Uaited  Statea 
had  however  lately  nronounced  an  opinion  in  tftie 
case  before  it,  bv  which  the  qaestioa  ia  aonm^ 
versy  was  set^d  agaiaet  the  pretensions  of  NtHBli 
Caroliaa.  As  there  is  no  otiKr  aitemMiva,  mad 
he,  since  we  ought  to  submit  to  tha  powarv  tUt 
be,  he  would  content  himself  simply  bv  sayiaf 
that  he  did  not  concur  in  the  opinion  of  the  capn, 
and  bv  signifying  his  dissent  to  the  bill,  withmKt 
troubling  die  House  with  bis  reasons  fiw  eithetL 

The  bill  was  ordered  to  a.  third  readiag,  ami 
passed. 

The  bill  from  the  Senate  ^  reffulaiing  the  sMT 
of  the  Army ;"  the  bill  ^  regu&oiBg  the  feaa  of 
notaiies  in  the  county  of  Wadiington,  in  tha  Die* 
trict  of  Columbia ;"  the  bill  ^  to  inootporale  m 
Fire  Insuraace  Company  in  the  City  or  Waahp^ 
mgtoa;^' and^' the  bill  to  aaake  valid oertaiQaatBBf 
the  Justiovs  of  Peace  in  the  Distviot  of  ColumUai^ 


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weie  severally  twice  read  and  referred  to  teltet 
commiitees. 

BBNEPTT  OP  DRAWBACK. 

Mr.  McLane,  from  the  Committee  of  Com- 
merce ind  Maoufactures,  made  a  report  oo  the 
petition  of  Thomas  Hatchinsoo,  aod  partners; 
which  was  read,  as  follows : 

The  fetitionert  state  that  in  the  jeer  1816  Ihej  im- 
ported into  New  YoriL  e  qoenti^  of  metchandifey 
which  thej  were  desiront  of  rethipping  from  the  Uni- 
te^  Btttet,  and  to  obtain  a  dxewback.  Being  ignorant 
themselvefl  of  the  requintes  necessaiy  to  obtain  the 
benefit  of  drawback,  they  applied  to  the  deputy  naval 
officer,  who  undertook  to  have  the  proper  entriee  made, 
and  to  gaperintend  the  whole  basinew ;  that  the  deputy 
naval  officer,  however,  £iiled  to  apprize  them  of  the 
necewity  of  giving  the  bonds  required  by  the  act  of 
CongreM,  and,  being  themselvef  ignorant  of  Uie  law, 
they  neglected  to  enter  into  any  luch  bonds ;  that  ti^e 
goods  were  re-expoited»  and  regularly  landed  at  the 
Ibreign  port  to  which  the  vessel  dwed  out  The 
iNnids  having  never  been  given,  however,  the  petitioners 
•have  been  deaied  the  benefit  ef  drawback,  and  they 
pmj  Congress,  te  allow  it,  as  though  the  bonds  had 
been  regularly  given. 

The  committee  consider  that  it  wo«)d  be  establish- 
ing a  dangerous  precedent  to  allow  the  plea  of  igno- 
rance of  the  requisites  of  the  law  to  dispense  with  their 
frovisiens.  In  this  instance  the  bonds  were  the  most 
essential  pert  of  the  whole  business,  and  indispensable 
to  the  safety  of  the  revenue.  If  the  petitioners  applied 
ta  the  deputy  naval  officer  for  advice,  rather  than  to 
the  regular  officer  of  the  district,  the  United  States 
should  not  be  liable  for  his  omission  or  want  of  infor- 
mation. The  committee,  therefore,  recommend  Uie 
foDowing  resolution : 

'Resohedy  That  the  prayer  of  the  petitioners  ought 
not  to  be  granted. 

The  report  was  concurred  in. 

SPANISH  AMERICAN  PROVINCES. 

The  House  haTiog  resolred  itself  into  a  Com- 
mittee ai  the  Whole  oo  the  general  appropriation 
bill-»-to  which  an  amendment  bad  been  mored  by 
hfr.  Clat  to  introdace  an  appropriation  for  the 
outfit  of  a  Mianter  to  Bnenos  Ayre»<* 

Mr.  A.  Smttb,  of  Virginia^  said)  that  he  was 
opposed  to  the  proposition  under  ooasideration, 
aad  should  contend,  in  the  first  plaee,  that  the 
aaeasare  proposed  is  an  act  of  asorpatioa,  an  in- 
▼asm  oTtbe  BzeoutiTe  aathority.  Seeondly,  he 
would  contend,  that  the  coudoct  of  the  Sxecutire 
bnmeh  of  the  QoTernmeat,  as  respected  Spain 
^aad  her  Americaa  profinces.  haa  been  perfectly 
f  aipartial  and  hooovable,  and  saeb  as  was  required 
\rf  the  interest  and  honor  vd  the  United  States ; 
tiwt,  therefore;  no  interfefeaoe  on  our  part  was 
ueaeesary.  And,  thirdly,  he  would  contend  that 
tlie  measure  proposed  was  preguaat  with  evil. 
and  may  jeopardize  the  safety  of  the  United 
States. 

tht  CoBstitotion,  said  Mr.  S.,  graau  to  the 
President,  by  and  with  the  consent  of  the  Sen- 
ate, power  to  appoint  Ambassadors  and  public 
fiilDisters,  and  to  make  treaties.  According  to 
the  usage  of  the  Gbveroment,  it  is  the  President 
wbo  receives  all  foreign  Bdinisters,  aad  deter- 
15th  Con.  IstSxss.— 50 


mines  what  foreign  Ministers  shall  or  shall  aet 
be  received.  It  is  by  the  exercise  of  some  one 
of  these  powers,  in  neither  of  which  ^as  this 
House  any  participation,  that  a  foreign  Power 
must  be  acknowledged.  Then  the  acknowledg- 
ment of  the  independence  of  a  new  Power  is  an 
exercise  of  Ezecutire  authority ;  consequeatljr, 
for  Congress  to  direct  the  Executive  how  he  shall 
exercise  this  power,  is  an  act  of  usurpation. 

To  give  such  direction  must  be  an  act  of  usur- 
pation, if  it  shall  have  any  effect.  Should  the 
direetioo  be  given,  by  adopting  the  proposition 
under  consideration,  and  have  effect,  then  the 
President  will  send  a  Minister  to  Buenos  Ayree, 
not  according  to  his  own  opinion,  but  according 
to  the  opinion  of  Congress.  Then  the  President 
will  perform  his  proper  Constitutional  duties  as 
OoBffress  shall  be  pleased  to  direct.  WIU  not 
this  be  chauffing  the  Constitution,  by  usurpation  ? 
It  is  for  the  Executive  branch  of  the  Government 
to  decide  to  whom,  and  when,  a  public  Minister 
shall  be  sent.  Congress  undertake  to  decide  when 
and  to  whom  a  public  Minister  shall  be  sent;  is 
not  this  usurpation? 

You  possess  the  power  of  impeachment,  and. 
consequently,  may  discuss,  and,  by  resolution,  ex- 
press, an  opinion  on  any  past  act,  either  of  the 
Executive  or  of  the  Judiciary ;  but  you  have  no 
right  to  give  a  direction  to  either. 

The  President  is  responsible  for  the  proper 
execution  of  his  Constitutional  powers  \  he  may 
be  punished  for  abusing  them,  or  for  neglect  of 
hiS'duty.  This  House  is  the  proper  body  to  pioe- 
ecote  him,  if  he  shall  fail  to  do  his  duty.  We 
are  not.  in  like  manner,  responsible  and  punish- 
able. If  we  direct  the  President  to  do  an  aet, 
however  injurious  to  the  nation  it  may  prove,  we 
cannot  make  him  responsible.  Is  it  proper  thus 
to  deprive  the  people  of  the  security  which  thev 
have  reserved  to  themselves,  in  the  Presidents 
Con.stitutional  responsibility? 

The  President  is  re-eligible  at  the  end  of  fear 
years;  it  is,  therefore,  fair  that  he  should  be  left 
free  to  execute  his  Constitutional  powers ;  that 
the  people  may  be  enabled  to  judge  the  manner 
in  which  he  has  executed  them.  If  you  undet- 
take  to  direct  the  President  in  the  perfomttmee 
of  his  duties,  you  deprive  him  of  the  merit  of 
those  acts  which  the  people  might  approve.  Let 
it  be  suppoeed  that  the  President  mtende  to  do 
the  act  which  it  is  proposed  that  we  shall  direct 
htm  to  do,  and  that  the  act  is  one  which  deeerves, 
and  will  receive,  the  approbation  of  the  people. 
If  you  shall  direct  him  to  do  the  aeti  his  perform- 
ance of  it  will  be  ascribed  to  your  direction,  and 
all  the  credit  due  to  the  aet  will  be  given  to  you, 
aad  withheld  from  the  President.  Oo  the  con- 
trary, should  the  President  disappove  of  the 
proposed  measure, resist  the  usurpation,  and  main- 
tain his  Constitutional  rights,  the  consequence 
must  be.  that  either  the  President  or  Congress 
must  sink  in  the  estimation  of  the  people. 

By  adopting  the  proposition  under  consideia- 
tioo,  you  will  pronounce  to  the  world,  that  the 
President  will  not  voluntarily  do  his  duty;  and 
that  it  has  become  necessary  that  you,  by  diraot- 


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iSpiBMmh  iMMTMVfl  /TVPUCBf* 


MAmoa;  181«. 


Ai^i  •boald  eoiii|)el  him.  You  cerudnlf  intend 
that  your  direction  shall  ha?e  effect  and  it  can 
have  no  effect,  nnless  it  compels  the  President  to 
do  n  act  which  otherwise  he  would  not  have 
dona.  Ton  do  not  intend  merely  to  place  Con- 
gress in  collision  with  the  President ;  to  raise  an 
opposition  to  him,  in  case  he  shall  have  firmness 
•nottgh  to  maintain  his  Conslitntional  ri|[hts,and 
to  act  according  to  his  own  views  of  the  intertsts 
of  the  United  States. 

The  people  have,  hy  the  Constitution,  distrib- 
ttted  distinct  powers  to  the  aeveral  departments 
cf  the  Government:  the  Execoiive  power  they 
bav#  confided  to  the  President,  either  abne,  or  by 
and  with  the  advice  and  consent  of  the  Sennta ; 
Ihay  have  ado|>te4  a  particular  mode  of  ekoting 
Iba  President,  intended  to  secure  to  the  offioe  of 
Chief  Ma|{istrate  the  greatest  wisdom,  kamH- 
•dffo,  patriotism,  and  integrity.  They  have  a 
i^fht  to  the  free  and  voluntary  ser vices  of  the 
attiaen  whom  they  have  aeleeted,  as  possessing 
thnee  qualities,  to  fill  the  Presidential  Chair ;  a 
rigbt  to  all  the  advantages  lo  be  derived  from 
bis  ulents  and  his  information.  And  at  no  time 
has  ihc  PxtcutivadepartaMnt  of  tbisGbverament 
Bora  deeerved  the  public  odnftdence  than  at  pres- 
•  rat.  At  no  moment  since  the  formation  or  the 
Constrtntion,  did  the  Cabinet  possess,  in  so  great 
a  degree,  the  qualities  which  a  Cabinet  ought  to 
possess,  viz:  talents,  knowledge^  political  infor- 
OMtiion,  and  harmony. 

Yet,  at  the  very  moment  when  ^e  President 
has  his  agenu  in  those  countries,  which  claim  to 
be  admitted  to  the  rank  of  naiioDs,  for  the  pur- 
pose of  ascertaining  their  true  ntualion,  and  to 
discover  what  order  of  things  will  probably  be 
ultiflMtely  established,  it  is  proposed  that  you 
shall  prematurely  interfere,  and  that,  before  the 
desirable  informatioD  has  been  obtained  in  such 
a  mode  as  may  be  relied  on,  you  shall,  on  such 
information  as  the  Speaker  (Mr.  Clat)  has 
gleaned  from  newspapers  and  pamphlets,  direct 
Uie  President  to  send  a  Minister  to  Buenos  Ayres. 
mould  your  inter^renee  be  at  any  time  ezpedi- 
a»t,  eertainly  this  is  the  most  improper  lima  to 
interfere.  The  want  of  iaformation  on  this  sub- 
ject has  been  fully  shown  by  this  discussion.  No 
one  will  pretend  that  tha  members  of  this  House 
ftneially  are  well  iaformed  concerning  the  ac 
toal  md  political  state  of  the  Spaaiah  provinces, 
aii4  the  contradictory  nature  or  the  information 

Civen  M>  the  Committee^  by  these  membara  who 
avetaken  pains  to  procure  inibrmau'oo,  proves 
that  we  have  none  that  is  worthy  of  being  re- 
Ued  on. 

It  is  by  the  President  only  that  the  United 
Statea  com  monies  te,  negotiate,  and  treat,  with 
foreign  nations.  To  them,  as  has  been  properly 
observed  by  the  gentleman  from  South  Carolina, 
(Mr.LowNDBa,)  we  should  present  a  single  front, 
The  measure  proposed  seems,  in  iuelf,  of  little 
importance;  but  it  will  be  understood  by  the 
apeeches  of  the  honorable  mover,  and  others,  by 
whom  u  is  supported.  Thus  understood,  the  prop- 
osition goes  to  degrade  your  President  in  the 
fy f aof  foreigu  nations.  If  Congceas  shall  assume 


power  to  dtreet  the  President,  this  House  be- 
comes the  efficient  Executive.  Who  would  be 
President  on  aucb  conditions  ? 

I  proceed  to  show  that  the  conduct  of  the  Ex* 
ecutive,  as  relates  to  Spain  and  the  provincea, 
has  been  impartial,  honorable,  and  such  as  com- 
ported with  the  true  interest  of  the  United 
States. 

The  hoaomble  St»eaker  has  been  pteased  to 
say,  that  the  conduec  of  the  Executive  towarda 
Spain  and  the  provinces  was  calculated  to  irri- 
tate both  parties,  and  conciliate  neither.  Tbia 
brings  to  our  recollection  what  be  said  on  a  for- 
mer occasion— that  the  acts  of  the  Bzecutire 
had  been  ail  on  one  side,  and  bearing  entirely 
against  the  colonists.  This  charge,  which  baa 
never  been  answered,  was  made  bv  a  genilemaa 
whose  assertion  will  be  respected  as  authori^ 
throughout  Europe,  as  well  as  throughout  t^a 
country,  by  those  wbo  do  not  examina  for  iheoa- 
seives^ 

If  we  examiaa  tbaee  aeis  of  ibe  Sxeeo«ii« 
wbieh  bave  any  beaiing  on  tbe  aontesi  betvoam 
Spain  aad  the  cobnies,  it  will  ba  found,  that  tie 
greater  number  was  favorable  la  the  patrialai 
and  those  were  the  veaoU  of  tbe  free  witl«nd 
diaoretion  of  tbe  Eieeutiva,  wthile  rhaaets  com- 
plained of,  wbieh  have  Imd  a  beariag  against  tbe 
patriots,  were  performed  by  the  fixeeutire  ha 
obedience  to  the  laws,  and  were  not  tbe  result  Of 
tbe  exercise  of  discretion. 

'The  acts  of  the  Executive  of  the  United  Statea 
favorable  to  the  Spanish  provinces,  I  will  notice 
in  the  order  of  time. 

In  Mr.  Madison's  Message  of  November,  1811, 
we  find  this  passage  :  "An  enlarged  philanthropy,' 

*  and  an  enlij^htened  forecast,  concur  in  imposing 
'  on  the  National  Councils  an  obligation  to  take 
'a  deep  interest  in  their  destinies;  to  cherish 

*  reciprocal  sentimaafs  of  good  will ;  to  regard 
'  the  progress  of  evenu ;  and  net  to  be  uopre- 
'  pared  for  whatever  order  of  tbings  may  be  ulli- 
<  mately  established^"  Here  is  a  voluntary  act, 
favorable  to  the  cause  of  the  provinces;  and 
this  recooHnandatton  was  followed  hy  an  act  of 
Congress  giving  a  consifkrable  stun  to  the  peo- 
ple of  YeaezueM. 

The  next  act  favorable  to  the  provinces,  waa 
the  isstting  by  Mr.  Madison  to  the  collector  of 
tbe  euatoms  instruettans  to  admit  the  flag  of  the 
provinces;  by  which  their  ships  became  anli- 
tled,  in  tba  poru  of  the  Uniied  Batea,  to  ovary 
privilege  granted  to  tbe  ships  of  other  foraign 
Poarers.  The  President  was  at  liberty  to  baoe 
considered  cbe  patriois  as  rebels  against  their 
Sovereign,  and  to  ezdnda  their  %ig  from  est 
ports ;  or  to  consider  ihem  as  a  party  in  a  oivil 
war,  and  as  auob  to  admit  their  ^  iaio  our 
poru;  he  decided  fovorably  lo  the  pairtois,  aad 
admitted  their  flag. 

The  next  act  of  the  Executive,  favorable  to 
the  Spanish  provinces,  waa  the  declaratioa  Iqr 
the  present  Chief  Magistrate,  that  those  provin- 
ces are  partial  to  a  civil  war,  in  which  thftir 
rights,  as  relates  to  neutrals,  are  equal  to  the 
righu  of  Spain;  tbe  President  thus  looking  on 


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Op&tMh  AlHtfXdiM  Jrt^&9ittC0$» 


H.  OP  R. 


Ike  iadepeBdenee  of  the  prorlBC«s  as  aototUy 
existing. 

The  imt  EtecQtiye  aec  whiek  kas  a  beariD^ 
fiiTorable  to  the  Pravinees,  was  fke  ooostractioo 

ffT«Q  by  ike  President  to  tke  law  of  Mareh. 
Sn,  respeetiog  tke  neatral  dotlee  of  the  Uoitea 
Stales.  That  act,  in  eoaeeqaenee  of  the  omis* 
sioo  of  the  words '^  district,  colony,  or  people,^ 
in  one  of  its  sections,  perhaps  admiited  of  a  con* 
airaetieo  that  would  hare  denied  to  the  patriou 
equal  righu  with  the  snbjecu  af  Spain  in  the 
ports  of  the  United  States.  We  hare  employed 
aone  itoae  on  a  hill  intended  to  remcdr  the  de- 
tet ;  bnt  the  construction  gifen  by  the  President 
to  tke  act  of  March,  1817,  had  rendered  its  opera- 
tion jperfeeUy  eqoal  aa  related  to  Spain  and  the 
fvoTinees,  so  far  as  the  BxectHi? e  aothority  is 
concerned.  In  a  letter  written  by  the  Secretary 
of  the  Treasury,  which  may  be  considered  as 
nficial,  i9  this  osragraph:  **  Having  deolared 

*  that  the  flags  or  8paio  and  of  independent  Qot- 
'  ernmeotsestabliiAied  in  Spanish  America  should 
^  be  treated  hi  the  same  manner  in  the  ports  of 
*the  United  States;   the  BxecUlire  authority 

*  woold  not  hesitate  Co  consider  the  flag  of  Yen* 

*  ecneU  that  of  a  fbreign  State,  within  the  mean- 

*  iw  of  the  fonrth  section  of  she  act." 

The  last  act  that  I  shall  mention,  manifestly 
fkvorable  lo  the  proriaees,  is  the  act  of  sending 
aomoUssMoen  to  aaeertain  what  is  their  situa* 
tton  I  to  preTCnt  mbuoderstaodings ;  to  correct 
errors;  perhaps  to  redress  past  grieranoes,  and 
prevent  their  recurrence  in  future. 

These  various  acts  of  the  Executive,  having  a 
Waring  favorable  to  the  patriots,  and  all  of  them 
reauluag  from  tke  dtfcretion  of  the  Executive, 
were  overtooked  by  the  Speaker,  when  he  said 
ilmt  the  acts  of  the  Executive  were  all  on  one 
side,  and  bearing  entirely  against  the  colonists. 

Let  us  now  examine  those  acts  of  tke  Bxecu* 
lira  of  which  the  Speaker  complains  as  having 
so  oaCivoralile  a  bearing  against  the  natriots. 
These  are,  the  proclatnation  of  Mr.  Madison, 
mned  for  tke  purpose  of  dispersing  tke  armed 
force  collected  under  Toledo,  in  vioTaiion  of  tke 
law  of  the  United  States ;  and  the  suppression 
hf  the  President  of  ike  establishment  at  ilmelia 
Isiawl,  made  by  MeCkegor,  with  a  force  unlaw- 
Mly  prepared  within  the  United  Sutes,  and 
ttaiataiaed  by  Aury,  wko  pretended  to  act  uader 
tke  authority  of  Mexico,  New  Grenada,  and 
¥ettexuehL 

As  to  tke  proclamation  which  was  issued  for 
dttapersiag  ^  armed  force  collected  uinler  To* 
Imdo,  ii  will  be  remembeted  that  President  kfad* 
isoD  wn  swora  faithfully  to  execute  his  oflUe, 
tke  ekief  duty  of  wkich  is  to  take  care  that  the 
laws  be  faithfully  executed.  An  act  provides 
that  wken  tiie  execution  of  the  laws  of  the  Uoi 
ted  Sutes  is  opposed  or  obstructed  by  combina- 
lions  too  powerful  to  be  suppressed  by  the  ordi- 
nary course  of  judicial  proceedings,  the  Presi- 
dent may  call  (bnh  the  militia ;  but  he  shall  by 
proclamation  command  those  who  thus  oppose 
or  obstruct  the  laws,  to  retire  peaceably  to  their 
respeauve  abodes,  within  a  limited  time.    Tke 


force  collected  by  Toledo  came  within  the  mean- 
ing  of  the  law;  and  Mr.  Madison  had  no  discre- 
tion to  exercise.  The  law  pointed  out  his  duty, 
and  he  performed  it. 

The  suppression  of  the  establishment  made  by 
McGregor,  and  continued  by  Aury  at  Amelia 
Island,  was  required  by  the  interests  and  tke 
honor  of  the  United  States.  The  world  knew 
that  the  Executive  was  authorized  to  take  Bast 
Florida  against  any  foreign  Power.  Those  who 
follow  the  profession  of  arms,  must  eitker  be 
robbers  or  pirates,  or  thev  most  have  some  power. 
The  friends  of  Aury  wiH  not  admit  that  he  was 
a  pirate ;  then  they  must  contend  that  he  served 
a  foreign  Power.  Let  us  admit  that  Aury  served 
the  Republic  of  Venezuela,  a  Power  whose  flag 
is  admitted  into  the  ports  of  the  United  Slates, 
tinder  the  laws  respecting  the  vessels  of  fbreign 
Powers.  If  Yenezuela  had  been  formally  ac- 
knowledged  as  an  independent  Stste,  the  act  of 
1811  anthorizes  the  President  to  uke  Florida 
against  the  attempt  of  Venezuela  to  take  posses- 
sion of  it ;  and  the  want  of  such  formal  acknowl- 
edgment cannot  diminish  the  righu  of  the  United 
States.  It  being  the  duty  of  the  President  to 
execute  the  laws,  and  the  case  contemplated  by 
the  act  of  1811  having  happened,  a  foreign  Pow- 
er having  attempted  to  take  possession  of  Flor- 
Ida,  and  havina  in  execution  of  that  attempt 
made  an  estabflshment  at  Amelia  Island,  tne 
President  was  bound  to  suppress  the  estanlish- 
ment  maintained  there  by  Aury. 

Had  no  such  law  existed,  tke  conduct  of  the 
President  would  have  been  worthy  of  approba- 
tion. A  nation  has  a  right  to  protect  itself  from 
the  evils  of  bad  neighborhoods.  Upon  this  prin- 
ciple it  was  that  the  act  for  taking  possession  of 
East  Florida  was  passed.  So  when  Louisiana 
was  transferred  from  Spain  to  France,  our  Min- 
ister  at  Paris  most  seriously  remonstrated  against 
the  occupation  of  that  country  by  the  forces  of 
Napoleon ;  and  many  of  our  distinguished  poli- 
ticiaos  urged  the  expediency  of  takihg  Louisi* 
ana  by  war,  rather  than  admit  a  dan|[erous  neigh- 
bor to  come  there.  Perhaps  Louisiana  might 
have  been  obtained  bv  war,  at  an  expense  of  one 
hundred  and  fiftv  millions ;  but  the  wisdom  and 
moderation  of  Mr.  Jefierson  obtained  it  by  pur- 
chase for  tke  tentk  part  of  the  suni.  It  was  to 
nreserve  herself  from  the  evils  of  bad  ndighbor- 
kood  that  Prussia  involved  herself  in  war,  first 
with  Great  Briuin  and  afterwards  with  France, 
rather  thaa  have  French  troops  in  possession  of 
Hanover.  Is  there  any  nation  more  interested 
in  avoiding  neighbors  of  a  certain  description 
than  the  United  States  ?  Would  it  be  safe  to 
allow  Florida  to  be  revolutionned  by  blsck 
troops  7  We  have  said,  and  I  presume  will  con  - 
tinue  to  say,  that  no  Power  except  Spain  shall 
come  there. 

I  have  shown  that  the  conduct  of  the  Execu- 
tive, as  respecu  Spain  and  her  American  pos- 
sessions, has  been  impartiaL  The  honorable 
member  did  not  indeed  say  that  it  was  partial- 
but  he  could  not  be  understood  as  meaning  any; 
thing  else,  when  the  acts  of  the  Bxecutive  were 


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H.  OF  R. 


SpamUh  American  Provineea. 


MuRCH,  18181 


all  on  one  aide,  bearing  entirely  tgainst  the  col- 
onists. I  viU  now  proceed  to  show  that  the 
conduct  of  the  Ezecntive,  as  respects  those  par* 
ties,  has  been  most  honorable. 

The  conduct  of  the  Executive  has  been  con- 
trasted  with  that  of  the  French  Qovernment  in 
the  war  of  our  revolution ;  and  the  conduct  of 
the  Qoverhmeat  of  France  has  been  denominated 
maf&animous.  A  comparison  more  favorable  to 
the  Executive  of  the  United  States  cotild  not  have 
been  made.  Let  us  see  what  was  the  conduct  of 
the  Government  of  France  during  our  revolution, 
previous  to  the  treaty  of  1778,  by  which  France 
and  the  United  States  became  allies.  Secretly 
the  Qovernment  of  France  was  granting  us  aid 
in  money,  arms,  and  warlike  stores,  while  publiclv 
she  affected  to  observe  a  strict  neutrality.  A 
State  paper,  published  by  that  Government  about 
the  year  1780,  says,  *'  His  Majesty  prohibited,  very 
'  severely,  the  exportation  oi  arms  and  warlike 

*  stores,  provided  they  were  intended  for  North 
'America.    He  prohibited  the  privateers  to  sell 

*  their  prizes  in  France,  and  his  subjects  to  pur- 

*  ehaae  them."  The  same  State  paper  reveals 
the  motive  by  which  the  French  Government 
WAS  actuated  in  becoming  the  ally  of  the  United 
Slates,  which  certainly  was  not  a  desire  for  the 
liberty  and  happiness  of  the  United  States:  it 
says,  *^  in  treating  with  the  Americans  after  they 

*  liecame  independent,  the  King  exercised  the 

*  ri^ht  inherent  in  his  sovereignty,  with  no  other 
'  view  than  to  put  an  end  to  the  predominant 
'  power  which  England  abused  in  every  quarter 

*  of  the  globe."  Such  was  the  motive  and  such 
the  conduct  of  the  Government  of  France;  now 
denominated  magnanimous,  and  preferred  to  the 
conduct  of  the  Executive  of  the  United  States. 
And  what  has  been  the  conduct  of  the  Executive 
towards  Spain  and  the  provinces  ?  That  conduct 
has  been  open  and  impartial ;  the  ships  of  both 
are  admitted  in  our  waters ;  they  equally  enjoy 
the  righu  of  hospitality ;  either  party  may  pur- 
chase ships,  arms,  and  warlike  stores.  Conduct 
so  impartial  and  just  is  truly  neutral  and  honor- 
able. 

Sir,  I  am  deeply  impressed  with  a  sense  of  the 
obligations  which  we  are  under  to  France  for  the 
aid  granted  to  us  during  the  war  d'our  Revolution ; 
bMtl  cannot  admit  that  the  conduct  of  the  French 
Qovernment  is  compatible,  either  for  honor  or 
magnanimity,  with  that  of  the  Government  of  the 
United  States.  The  declaration  made  by  the 
President,  that  no  privilege  in  commerce  would 
be  accepted  from  the  Spanish  provinces  that  shall 
not  become  common  to  other  nations,  is  ona  of 
themost  disinterested  aod  magnanimons  that  ever 
was  made  by  a  Government  It  is  an  example  of 
liberality  worthy  to  be  admired  and  imitated  by 
other  Governments.  It  is  worth v  of  the  Govern- 
ment of  the  most  just  of  alt  people. 

The  Speaker  disapproves  or  the  moderation 
which  the  Executive  has  manifested  towards 
Spain.  He  would  press  upon  Spain  in  her  state 
of  embarrassment;  and  he  endeavors  to  prove 
that  Spain  cannot  and  will  not  make  war.  If 
such  be  truly  the  situation  of  Spain^  how  ungen- 


erous is  it  to  seize  the  present  time  to  press  upon 
her !  How  very  differentare  the  sentiments  which 
have  heretofore  been  expressed  by  the  Executive.^ 
In  a  letter  written  by  the  present  Chief  Magia* 
trate,  then  Secretary  of  State,  in  1812,  to  General 
Matthews,  will  be  found  these  passages:  **It 

*  neither  of  these  contingencies  was  it  the  policy 

*  of  the  Executive  to  wreat  the  province  forcibly 

*  from  Spain;  but  only  to  occupy  it  with  a  view 

*  to  prevent  iu  falling  into  the  hands  of  any  fov» 


<  cable  negotiation  with  Spain."  ^I  may  add, 
'  that,  although  due  sensibility  has  been  uwftya 
'  felt  for  the  injuries  which  were  received  from 
'  the  Spanish  Government  in  the  last  war,  -the 
'  present  situation  of  Spain  has  been  a  motive  for 
^  a  moderate  and  pacific  policy  towards  her."  I 
ask,  if  these  sentimenu  are  not  magnanimous  aftd 
honorable,  and  worthy  of  the  United  States? 

When  Franee  wronged  the  United  States,  they 
made  war  upon  her ;  when  England  wronged  the 
United  States,  they  made  war  upon  her.  Having 
attacked  the  greatest  and  most  watlike  natioaa^ 
the  forbearance  of  the  United  States  to  make  war 
against  Spain,  during  a  period  of  long  continued, 
and  still  continuing  disuess,  will  not  be  attributed 
to  any  unworthy  motives ;  for  Spain,  we  are  tM 
by  the  Speaker,  cannot  and  will  not  make  war. 
HOW  ui^nerous  then  would  it  be  take  a  step 
against  Spain  which  woidd  undoubtedly  produce 
war,  if  England  was  the  offended  Power  I 

I  have  said,  sir.  that  the  measure  proposed  is 
pregnant  with  evil,  and  may  jeopardize  the  safely 
of  the  Uoited  States.  I  hope  and  trust  that  we 
are  able  to  resist  any  combination  that  may  be 
formed  against  us,  even  at  this  time.  I  am  coor 
fidently  certain,  that  in  twenty  years  we  shall  be 
able  to  set  at  defiance  the  power  of  the  world : 
and  in  a  century  we  shall  be  able  to  give  it  laws. 
I  therefore;  deem  it  most  important,  that  we 
should  let  the  present  moment  ot  peril  pan  away ; 
that  we  should  gain  time,  and  go  on  to  improve 
our  resources  by  the  arts  of  peace. 

If  any  event  can  jeopardize  our  safety,  it  is  a 
war  with  the  combined  rowers  of  Europe  al  this 
time.  Sir,  if  a  hundred  measures  were  devised 
for  the  purpose  of  destroying  our  national  eziat<» 
ence,  and  this  was  among  them,  it  would  be  the 
very  measure  that  I  should  deem  most  likely  Co 
succeed.  If  there  is  a  measure,  the  adoption  ef 
which  can  produce  such  an  event,  it  is  one  wkich 
shall  amount  to  a  declaration  that  we  are  the  pa- 
trons of  revolutions;  one,  by  which  we  shall  jiro^ 
claim,  that,  wherever  a  province  shall  mnke  ia- 
surrection  against  the  authority  of  the  parant 
cououy,  we  will  consider  it  our  business  and  dBty 
to  take  the  new  people  by  the  hand  and  intfodoea 
them  into  the  family  of  nations. 

Sir,  the  coalition  still  hangs  together.  And 
what  is  their  common  bond  or  union  7  It  is  ike 
cause  of  legitimacy— the  cause  of  hereditary 
thrones.  The  combined  Powers  have  provesi 
that  they  do  not  mean  to  confine  their  views  to 
Europe,  by  interfering  in  the  controversy  between 


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1S78 


Mabcm,  1818. 


9p<mi8h  American  Provincee. 


H.orR. 


the  Courts  of  Sptin  aid  Brazil.  I9  it  not  the  ob- 
ject of  their  holf  Jeagoes  to  bring  back  maakiDd 
to  the  state  of  mental  darkness  in  which  they 
were  for  ages  subsequent  to  the  reign  of  Constan- 
tino 1  Has  not  Gkeat  Britain  signified  to  yon. 
that  the  Blississippi  ought  to  be  year  boundary  ? 
Has  not  France  done  the  same  1  Has  not  Spain 
claimed  that  boundary  1  Do  not  these  circum- 
stances indicate  concert  between  those  Powers  t 
Shall  we  then,  at  such  a  time,  do  an  act  utterly 
useless  to  us,  equally  useless  to  Buenos  Ayres, 
(for  the  Speaker  admits,  that  there  can  be  no 
concert  between  us,  and  that  we  hare  not  the 
means  to  aid  her ;)  an  act,  the  effect  of  which 
will  be  to  bring  Congress  and  the  President  into 
collision;  which  act  may  by  any  possibility,  how- 
CTer  remote,  involre  us  in  a  contest  with  the 
combined  European  Powers  ? 

Sir,  let  us  hold  this  language  to  the  people  of 
the  pfforinces:  **  Ask  us  not  to  engage  in  war  in 
your  cause — you  iiare  men  and  money ;  arms 
and  shins  you  can  purchase.  The  cause  you  are 
ragagea  in  is  one  to  be  decided  by  yourselres. 
We  grant  yon  cTery  privilege  of  a  Power.  We 
will  not  quarrel  with  your  former  master.  We 
will  not  quarrel  with  the  combined  Powers  of 
Europe.  Achiere  jour  independence,  and  force 
Spain  to  acknowledge  it.  We  hare  no  authority 
to  judfc  of  the  contest  and  and  award  the  prize.'' 
Sir,  when  Doctor  Franklin,  in  I777,reqi:(ested  the 
King  of  France  to  acknowledge  the  independence 
of  the  United  States,  the  King  answered,  that  he 
could  look  upon  the  independence  of  the  United 
Butes  as  actually  ezistinff ;  but,  that  it  did  not 
belong  to  him  to  acknowledge  it,  for  he  had  no 
right  to  judge  of  it.  Neither  does  it  belong  to  the 
united  States  to  judge  oi  and  acknowledge  the 
independence  of  Buenos  Ayres. 

But,  it  is  said,  that  the  acknowledgment  of  the 
independence  of  the  Republic  of  La  Plata  will 
give  Spain  no  just  caiue  of  war.  Sir,  justice  is 
not  always  the  law  of  nations.  The  law  of  na- 
ti<tts  is  the  usage  of  nations.  Let  us  see  what  is 
the  usage  of  nations,  when  one  Power  aeknowl- 
eges  the  independence  of  prorinces  which  have 
shaken  oS  their  allegiance  to  another.  It  will 
not  be  necessary  to  go  further  back  than  the  war 
of  our  Revduoon.  From  the  erentual  treaty  of 
alhanee  entered  into  between  the  United  States 
and  France^  it  appear^  that  the  latter  Power  ex- 
pected a  declarauon  ot  war  on  the  part  of  Great 
Britain  to  be  a  probable  consequence  of  the  ac- 
knowledgment or  the  independence  of  the  United 
States.  The  Treaty  of  Alliance  recites,  that  the 
MTties  ^  hare  thooight  it  necessary  to  take  into 
'consideration  the  means  of  strengthening  those 

*  engagements,  and  of  rendering  them  useful  to 

*  the  safety  and  tranquillitjr  of  the  parties  $  partic- 

*  nlarly  in  case  Great  Britain,  in  resentment  of 

*  that  connexion,  and  of  the  good  correspondence, 

*  which  is  the  object  of  the  said  treaty,  (meaning 

*  the  treaty  of  commerce.)  should  br^ikthe  peace 
'  with  France."  Accordingly,  no  sooner  was  the 
fact  that  a  treaty  of  commerce  existed  between 
France  and  the  United  States  communicated  to 
the  Court  of  London,  than  war  was  declared. 


It  may  be  said,  that,  with  France,  we  had  a 
treaty  of  commerce,  and  also  an  erentual  treaty 
of  alliance.  But,  with  Holland  .we  entered  into 
a  treaty  of  commerce  only ;  yet  no  sooner  was 
that  fact  disclosed  to  the  British  Court,  br  the 
capture  of  Mr.  Laurens,  than  war  was  declared 
against  Holland. 

Thus,  it  appears  that  a  treaty  of  commerce 
entered  into  with  provinces  who  have  thrown 
off  their  allegiance  to  the  parent  country,  gives 
to  that  country  cause  of  war,  according  to  the 
usage  of  nations.  Then  acknowledgment  must 
be  equally  a  cause  of  war ;  and,  indeed,  a  treaty 
of  commerce  must  be  expected  to  be  the  neces- 
sary and  immediate  consequence  of  the  acknowl- 
edgment of  a  new  Power,  and  the  interchange  of 
public  Ministers.  And  it  is  not  without  reason, 
that  acknowledgment  of  the  independence  of  a 
new  Power  is  deemed  cause  of  war  by  the  parent 
Power.  If  you  acknowledge  the  independence 
of  Buenos  Ayres,  you  undertake  to  judge  of  the 
controversy  between  that  Republic  and  Spain. 
You  deny  the  dependence  of  Buenos  Ayres  upon 
Spain.  You  will  thus  undertake  to  deny  what 
Spain  claims  as  a  right. 

It  is  not  sufficient  to  satisfy  the  Committee  that 
the  measure  proposed  will  not  produce  war,  to 
show  that  Spain  has  not  resources  for  a  vigorous 
prosecution  of  war.  It  must  be  shown  that  the 
Government  of  Spain  has  not  pride  and  a  sense 
of  honor.  If  you  offend  Spanish  pride  by  an  in- 
sult that  would  not  be  borne  by  England  or 
France,  war  will  follow;  we  shall  makeconqucists; 
and  then  the  Powers  of  Europe  will  interfere. 
Sir,  I  am  not  disposed  to  g[0  to  war  with  Spain 
on  account  of  our  old  claim  for  spoliations  on 
commerce.  Spain  has  also  a  claim  against  you 
for  spoliations  committed  by  vessels  equipped  (n 
your  waters.  Pay  ypur  merchants  their  claims ; 
charge  the  sum  to  Spain;  credit  her  for  the  spo- 
liations for  which  you  are  responsible ;  the  day 
of  account  will  arrive  hereafter. 

We  have  been  told  of  the  additional  security 
which  the  independence  of  Buenos  Ayres  will 

give  tolibertyagainstthe  combinations  of  crowned 
ends;  and  that  gratitude  will  attach  the  new 
Republics  to  the  United  States.  Sir,  it  is  by  pre- 
serving the  United  States  that  liberty  is  to  be 
secured  against  the  combinations  of  crowned 
heads.  And  experience  proves  the  brief  duration 
of  the  gratitude  of  nations.  England  aided  the 
Dutch  to  throw  off  the  yoke  ot  Spain ;  yet,  no 
long  time  elapsed  before  the  ocean  was  dyed  with 
English  ahd  Dutch  blood,  shed  in  adverse  con- 
flicts between  the  two  nations.  France  aided 
the  United  States  to  shake  off  the  yoke  of  Eng- 
land ;  and  our  first  war  with  a  civilized  nation 
was  against  France.  Nations  are  not  governed 
by  ^atitude.  They  are  governed  by  interest  and 
policy. 

Let  us  leave  the  severance  of  the  empires  of 
the  world  to  the  people  concerned.  Let  us  not 
interfere  in  the  war  between  Spain  and  her  col- 
onies. Let  us  not  jeopardize  the  happiness  of 
this  happy  people.  Let  us  support  the  Bxecutive 
I  in  giving  to  the  nations  of  the  earth  an  example 


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19M 


ILofR. 


i^tmifh  4m«riwM  P 


M49€%Wia. 


0f  j«iti«»  aod  nuWeraUMi.  So  shall  we  preserve 
th«  peace  of  our  country,  and  the  prosperity  of  the 
oar  people.  For^  however  unjasc  nay  be,  desigot 
of  those  who  govern  the  uatioBs  of  Europe,  they 
have  too  mueh  respect  for  the  opiuioos  of  their 
fWQ  stthjects,  and  of  posterity,  to  make  an  uopro- 
Toked  attack  upon  a  nation  whose  distioguiwed 
characteristic  is  moderation  and  justice. 

lir.  Houica,  of  Massachusetts.— Afflicted,  as 
I  have  several  days  been,  with  bad  health,  noth- 
ing but  an  imperious  doty  to  explain  and  defend 
my  motives  could  have  indpced  me  lo  rise  on 
this  oocMion.  The  friends  of  this  proposition 
ave  charj;ed  with  intentions  hostile  to  Spain,  and 
unfriendly  to  the  Administration.  War,  with  all 
its  calaouties,  is  brought  into  view,  and  deemed 
to  be  inseparably  connected  with  this  amend-r 
ment»  Its  horrors  are  eloquently  and  pathetically 
described.  We  almost  hear  the  truoipeis  sound, 
the  cannons  roar,  the  shrieks  of  the  dying,  and  the 
shouts  of  victory.  We  recover  from  this  delirium. 
aod  inquire,  Wnat  is  the  sabject  of  debate  7  And 
ve  find,  to  our  astoaishment,  that  it  is  a  simple 
proposition  to  apprcHpviate  a  sum  of  money  to  be 
intrusted  with  toe  fizecutive  and  to  be  applied 
to  defray  the  eipenses  of  a  Minister  to  Boeoos 
Ayres.  provided  the  President,  in  his  discretion, 
should  deem  it  prudeni  and  proper  to  send  one* 
Thifl^  then,  is  the  subject  and  ground  of  alarm. 

Sir,  if  this  were  to  endanger  the  peace  of  the 
country,.!  would  alter  my  determination,  and 
^vemy  voce  agaiast  the  amendmettt.  I  have 
too  laldy  witnessed  the  dangers  and  distresses  of 
war,  to  rashly  expose  my  constituents  to  a  re- 
ttcwal  of  its  calamities.  I  have  aeen  too  much 
of  violence  and  Action  to  induce  me  lightly  to 
assume  a  hostile  attitude.  I  have  felt,  too  seri- 
ously, what  madness  and  treason  can  do  in  times 
of  public  calamity,  to  hazard  my  Qoonuy^  peace, 
without  great  necessity  and  great  reflection*  No. 
air,  much  as  Spain  has  injured  and  insulted  us.  I 
should,  in  the  present  condition  of  the  world, 
pause  and  deliben^te  before  I  would  make  the 
Inal  appeal. 

I  am  aware  that  reoaarks  have  been  made  and 
motives  avowed  in  this  debaie,  which  saight  in- 
diiee  an  iadiflerent  auditor  to  suspect  tba^  some- 
tbiag  was  intended  vhi«ch  was  not  contained  ia 
the  aMOsure  itself.    Hence  I  have  found  it  neces- 


sary to  enter  into  the  debate,  that  my  reasons  for 
mf  vote  may  be  distinctly  understood,  and  that 
my  motives  may  appear  entirely  different  from 
Ihofe  which  have  been  ascribed  to  the  advocates 
of  this  measure. 

The  act,  in  itself,  is  not  hostile.  It  is  unneces- 
sary to  refer  gentlemen  to  authorities  to  prove 
this ;  every  one  knows,  and  the  opponents  of  the 
amendment  admit,  that  to  do  the  act  is  not  cause 
of  war.  Spain  would  not  resent  it  if  she  could. 
Gentlemen  j^retend  that  it  is  disbooorable  to  calcu- 
late on  Spain's  disability.  I  think  not.  If  we 
were  to  do  an  unlawful  act  against  Spain,  it 
would  be  neither  correct  nor  honorable  to  rest 
our  impunity  upon  her  w^kkness.  But,  when  the 
act  is  lawful  and  right,  and  that  which  we  might, 
at  disereuon,  do  or  omit,  it  is  then  proper  to  in- 


quire whether  she  bee  the  pewer  io  resisi  it,  a«db 
to  calculate  on  herweakaess. 

Aod  what  reason  have  yo«  to  expect  thai 
Spain  would  take  umbrage  at  this  1  Will  ska 
ei^ffe  in  a  contest  with  the  United  Suaea^ 
which  would  prove  fatal  to  her  power  in  Souftli 
America  ?  fer,  she  has  been  strugg'tag  for  years 
to  keep  up  the  ai^eamoce  of  power  in  ner.  prov** 
inces.  Her  means  ar»  exhausted,  and  her  anoioa 
are  wasted,  and  her  power  is  neirlf  annihilaied. 
At  home,  ignorance,  bi|[otry.  despotism,  and  be^ 
gary,  abound.  Her  miserable'  stolen  monsreb. 
the  usurper  of  his  faiher's  throne^  has  rewarded 
the  defenders  of  their  country  with  baoishmeai, 
imprisonment,  aod  death.  The  Qovemmem  m 
bankrupt,  the  people  are  starved,  and  distrust  and 
treachery  everywhere  prevail.  Would  Spaia^ 
poor,  emaciated,  decrepit  Spaia,  entar  the  lissa 
with  youni^  vigorous,  athlette  America  7  Such 
an  act  would  consummate  her  folly  and  madaem, 
finish  her  calamities,  and  seal  her  destrisetion. 

Sir,  I  regret  that  her  condition  has  been  com* 
pared  to  ours  durinf  the  late  war,  and  that  tha 
exposure  of  the  emptiness  of  her  treasury,  hf  her 
Minister,  is  resembkd  to  the  report  of  Mr.  Dal- 
las. Is  it  thus  that  gentlemen  wiUnuanify  thaiir 
owa  weakaess  and  debaaraMni?    Were  we  aa 

Kor  and  beggarly  then  as  Spaia  is  now  ?  She 
e  been,  for  years,  the  sceae  of  a  deaolatiag  ami 
vindictive  war;  alternately  exhausted,  pillaged^ 
and  robbed  by  her  foea^  the  French,  and  hct 
friends^  the  British ;  nojthwg  moveable  remainedi 
which  was  capable  of  exciting  their  cupidity* 
Armies  fighting,  advancing,  and  retreaiing,  unlU, 
every  vestige  or  property  was  swept  firom  tha 
face  of  the  earth.  Not  oaly  the  revenues  of  the 
Governmeftt,httt  the  lesoui ces  of  the  people,  wef« 
cut  off  and  consumed  \  and  this  cruel,  vindictive, 
and  extermiaating  war  was  a  striMle  between 
the  v«ssals  of  the  usurper  of  his  father's  throne 
and  the  usurper  of  that  usurpation.  Was  your 
coantry,  in  the  late  war,  like  this?  Sir.  the  ra- 
souroea  of  the  nation  had  not  been  touched.  Yoer 
Secretary,  it  is  true,  gave  you  a  dismal  account 
of  the  waats  of  your  Treasury  >  btit  the  money 
waa  in  the  pockets  of  the  iie<^e,  and  whenjrnn 
asked  for  it  you  had  it.  The  spirit  of  the  Con* 
gress  did  not  keep  pace  with  the  patriotism  of 
the  people ;  there  was  an  unacoouniaUe  timidity 
to  exact  the  means  to  prosecute  the  war.  Some 
saectce  of  faction,  some  ghost  of  the  HartferA 
Convention,  with  a  dagger  in  his  hand,  or  soma* 
thing  else,  I  know  not  what,  checked  and  deter- 
red the  Representaiive&  of  the  day  from  calling 
so  fast  as  the  people  were  willing  to  pay.  Sir,  I 
repeat  it,  our  resources  had  scareel  v  been  touched 
at  the  p^ce.  Had  your  country  been  made  t4e 
theatre  of  the  war,  like  Spaia?  Your  enemy- 
had  scarcely  ventured  to  pollute  your  soil  with 
his  foot.  He  had,  in  a  f«!w  instances,  made  sud- 
den inroads,  cemaaitted  depredatioo^  and  fled. 
He  ran  to  this  city,  aod  with  vandal  barhari^ 
demolished  your  public  buildings,  the  monn- 
meau  of  elegance  and  art,  aod  ran  hack  again. 
It  is  true,  he  stopped  at  Alexandria,  and  took  % 
little  bread,  which  he  wanted;  bal  this  was  ia 


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EUovR»' 


taktn  o#  fHcadafatp  andl  lore.  With  tke  nme 
friendly  motiFe,  be  oceapied  Castine,  that  thm 
people  of  New  Bag^aiid  might,  wkb  i^ter  fk- 
e^r,  obujo  a  few  Boglish  goods,  wbicb  they 
needed*  There  were  a  few  other  instaaees  where 
private  houses  were  pilkged  of  cape,  and  linen. 
and  other  little  natters ;  bot,  in  the  nudo,  the 
iadiridnal  resonreee  of  the  ^ieople  had  not  been 
iaapaifed  by  the  eoeny  or  the  GoTernment.  Is 
it  Tfgllitf  tfaeDf  does  i<  eemport  with  Ameriean 
fediofa^  to  tmilk  your  oomMry  with  this  miaeraUe 
SfNun? 

But,  I  eottloBS)  I  do  not  w«il  peroeive  the  oon« 
sieltneT  of  the  honorable  gentleman  <Vom  Georgia, 
(Mr.  FoRa¥Ttt,)wbo  opposes  this  amendment, 
and  yet  woidd  noi  hesitate  to  occnpjr  the  Floridas. 
The  anrtndment  Qider  eonsideratien  is  inofien- 
sIto,  and  to  oeenpy  Fiortdn  is  an  act  of  war.  The 
gentlenatt  deprecates  war:  he  would  not  even 
pinee  moaey  in  tJie  hands^oi  the  President  to  send, 
at  bis  discretion,  a  Minister  to  the  provwees  of 
Ln  Plaia^or  fear  of  araptore,  and  still  he  wonld 
take  the  Flortdas,  which  is  war  of  Itaelf.  Bol  it 
has  been  contended,  thai  the  eombined  Powers  ef 
Snrope  wonld  take  part  with  Bpaia  against  ns, 
fiw  an  act  entirely  innocent,^  and  peffSetly  con- 
aietent  with  the  laws  of  nations.  Sir,  I  appre- 
bend  that  BUrope  has  eaongh  to  do  at  home.  It 
ia  iadienenable  thai  Ffaace  should  still  he  oeen- 
pied.  That  ill^ated  nation  cannot  yet  be  trusted 
to  goTera  herself,  nee  is  Borope  safe  if  France  be 
freoor  They  who  are  afraid  to  withdraw-  their 
anmiea  from  Famee,  would  scarcely  venuire  to 
encage  in  a  remote  and  hazardous  enterprise  to 
sobTert  the  Uhcrties  of  the  Western  workL  Mbn- 
areha  are  not  ofor^fond  of  opposiaff  their  meroe- 
ttarief  to  tho  soldiefe  of  libecty.  There  ia  aa  en* 
thaeiasn  in  liberty  which  is  extremely  centa^ 
gfonoy  which  may  communicaie  itself  to  the  ranks 
of  the  enemy,  and  prodnoodisafTection,  deserlba, 
and  deieat.  It  was  the  aid  afforded  to  the  sana 
of  freemea  which  cost  the  amiahw:  and  aafertn* 
nate  Loais  his  crowa  and  his  head.     . 

And  what  is  the  iaiMeing  spedatle  which 
Saropa  this  uMmaiH  exhibits  1  b  her  coalition 
laditsoUbU?  A  single^  solitary  iadiTtdaal,  with* 
oat  power  oc  friends,  is  placed  upon  a  rock  in  the 
midst  of  aa  ocean,  guarded  by  a;  ddegatioa  from 
every  Power  in  EiMrope,.lest  he  shoald  eacape^ 
proaotate  ihetr  powers,  and  sahrert  the  Gbirem* 
naeutt  of  the  earth.  This  is  net  all.  The  giganr 
tic  Mwer  of  Russia  is  destined  to  make  tharesi 
of  Sevope  tremble.  Aleaai|d«r  has,  with  his 
mynaadans,  rushed  fram  the  froscn  regions,  of 
the  I^iorth  to  tasia  the  luxuries  of  France.  He  has 


t  by  gorernmg  11  

aod  yandaia,.and  Hoa%  of  former  timas,  we  shall 
shortly  see  him  quitti«^  his  inhospitable  racks, 
aad  moanKiinsi  and  frosts,  and  snows,  ta  seek 
•nd  enjoy  the  genial  skies  and  luxcuiaat  aeils  of 
Frasoe  and  kaly.  All  fiarope  Tiewa  him  with 
jealotis  eyee,  and  are  on  the  alert  at  his  «rery 
moiFement.  He  oaets  a  longing  bak  at  the  Bos- 
phoma  aad  DaidaneUes,  and  contcnaplaies^  with 


soHeieodev  the  time  when  hie  fleeie  shall  pam 
from  the  Black  Sea  to  the  Medlterraneaa,  loiba- 
poie  with  Bnglaad  the  empire  of  the  i 
Will  Russia  and  the  other  Powers,  thusi 
ing  and  jealous  of  each  other,  enoage  in  a  l._ 
test  of  doubtful  success,  of  oertaia  diinger,aad  te«^. 
eviiable  loss?  Let  any  or  aQ  the  Powers  of  Bo- 
rope  engage  in  an  American  war,  aod  yoa  will 
witness  scenes  in  Fraaee  which  sarpass  descrf|H 
tioa.  France  is  waiting  only  until  the  attentiaa 
of  the  allies  shall  be  drawn  to  some  other  ohjeoc, 
to  rise  in  her  strength,  burst  her  fetters,^aad  aaoi<> 
hilaie  her  wcahanri  tottering  QoTeroaient.  Aad) 
if  no  other  reason  prevented  the  coalition  froaa 
joining  to  subjugate  America,  the  dittcoity  of  di- 
viding the  plunder  woald  be  alone  safficieat. 
Were  the  South  Aiaeriean  provinces  lo  be  paiti- 
tioned  among  the  Powers  of  Burope,  Bngkad 
would  insist  on  a  part,  aad  give  her  a  put,  and  she 
iaevimbly  secures  the  ,comaKree  of  the  whole. 

But,  it  has  been  iatimated,  that  England  weald 
fight  us  if  we  adopt  this  amendment.  Sir,  I  thiak 
I  have  shown  that  Spain  cannei  4ght  us  aloasL 
aod  ^e  hooeeable  ffentleoian  from  Marylaad 
(Mr.  Bmitb)  admits  thatBnglattd  waold  not  joia 
her;  He  'Cven  regreu  that  she  would  not,. aad 
wishee  that  she  mi^it.  If  Spaia  eanaot  eaeor 
thocontesi  wiihoul  Bogland,  and  it  ie  admitted 
that  Bogland  will  not,  it  would  seem  thai  tha 
danger  is  at  an  end.  But  there  are  better  reaaoaa 
tknm  the  gemieaian's  adaaissiott.  that  Bngjand? 
would  not  Ighl  the  United  StaiasL  she  woald'ha 
certain  of  hard  fighting,  aiid  deubobl  of.saeceen 
or  ^ory.  She  is  still  sauriing  with  the  wcmads 
which  we  have  inflicted 
wishee  the  mdependenee 
would,^  indirectly,  aid  ia  Iheic  imu^o.  ^  iuotm* 
for  the  aanual  sale  of  X50,000,QO&.6letlmg:  of  e«e 
maaufrusturea,  which  ehe  would  ae^qifo  by  iha 
independence  of  the  provinceiL  woald  not  be  leal 
sight  of  by  her  statcsmok  This  alasm  of  wai^ 
sir,  is  fiuieifal  and  visionary. 

Bat  aa  alarm  haa  beea  sounded  that  tha  adva* 
oatea  of  the  amendment  are  opaosiag  the  Bxeea^ 
live;  aad  is  this  iruof  Am  I,  wna  very  lately  well 
nigh  Joel  nsy  <ilh^  ^<^  *  seatiB^thiBfiouseforllawiag 
beea  ia  a  oondiiioa  which  mqpoeedmeto  Glxeotili  va 
ioflnence,.8o  seoa  to  rebel  agonal  the  Pteaideatf 
Shall  I,  whahave  eipertefioed  the  dropping  of  the 
Bxecative  mnetuary,  toro  my  heel  agamet  mf 
benefiictor  ?  ShonkI  this,  be  the  oase»  it  would 
only  prove  what  experience  has  always  proved^ 
that  gratitude  for  past,  inflaences  less  thaa  tha 
prospect  of  Caiare  fitvois.  That  it  is  aot  tha  man 
who  has  had  an  office,  but  he  who  is  seeking  oae^ 
who  is  the  humble  tool  of  the  Executive. 

But,  sir,  akhough  aeither  past  favors  aer  fntoia 
prospects  wiU  ever  induce  me  lo.  follow  in-  tha 
wake  of  any  mauf  still  I  insist,  and  will  prova^ 
that  the  pmaased  amendihent  is  in  jperlect  aa* 
cordance  with  the  views  aadfeeliagaof  the  Preat* 
dent,  as  dtMbvesedin  all  his  official  commaaiear 
liooa  to  this  House.  While  I  prove  that  the  act 
itself  is  proper,  I  will  show  that,  as  an  individual^ 
1  am  not  angratcfuL  Ingeaiiioda  is  a  chaifa 
which  would  set  heavy ;  it  is  a  crime  of  w^i^ 


oa  herw  She  eecretly 
I  of  the  previace^'aad 
their  eause.    A  nwrkn 


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16ft4 


H*  ovR. 


SpOtUth  JwlMfUMMr  FTi0nttOC9» 


Mabcb,  19t8. 


naMieliM  vtc  been  foand  wko  would  adnow- 
ledge  himself  guilCf .  I  hare  the  utmosi  oonfi- 
deaee  in  the  eorrectoess  of  the  coume  which  hts 
baetty  and  will  be,  porsued  by  the  President  in  re- 
g«fd  te  these  proviBces.  To  send  the  Commie- 
siettere  to  inqaire  into  their  condition,  wfts  pru- 
-dent  and  proper,  and  consistent  with  his  regard 
for  their  libecties  and  our  safety.  That  the  Presi- 
dent urdently  wished  for  their  emancipation,  and 
that  his  course  of  policy  was  conformable  to  that 
wish,  I  have  nerer  doubted.  He  has  admitted 
their  flag  on  the  same  terms  as  that  of  Spain ;  he 
baa  sent  three  gentlemen  to  iaquire  into  their 
^oaadition.  By  this  measure  we  sajr  to  the  Presi- 
Mlent,  ''  Sir,  with  that  solicitude  which  character- 
'  *  iaee  a  love  of  country  and  re^d  for  the  rights 
^  ^  man,  you  have  sent  Commissioners  to  South 
^  America.  They  are  to  aseeruin  the  strength 
^  «id  stability  of  their  Governments.  On  their 
^  retttni  you  will  be  able  to  judce  what  ultecioff 
'  steM  are  to  be  taken.  Should  their  report  be 
*  vnnyorable,  nothing  farther  will  be  done ;  but 
^  should  it  appear  to  you  that  a  nation  has  been 

<  esiaUidied  on  the  southern  dirisioa  of  the  Amer- 

<  ioan  continent,  you  have  the  means  to  recognise 
'  them,  proTided  you  should  deem  it  consistent 
^wilh  the  lu)nor  and  interest  of  this  nation." 
Th«(e  are  my  reasons  for  ^ring  this  power.  Sir, 
it  this  hostility  to  the  President  ?  Those  gentle- 
men who  are  disposed  to  take  the  reputation  of 
the  President  into  their  ezclusire  custody,  are 
imwillinff  to  intrust  him  with  $18,000,  lest  he 
alMold  abuse  the  trust. 

This  grant  is  authoritative,  but  not  directory. 
Whr,  it  is  asked,  not  leare  it  upon  the  same 
feeling  as  other  diplomatic  appointments?  I 
answer  that  the  President  would  no  doubt  ven- 
twe,  opon  his  own  responsibility,  to  send  a  Min- 
ister to  any  Government  already  established  and 
teeognise^  prorided  the  public  good  required  it. 
Bot^  here  is  a  subject  of  some  delicacy,  and  the 
advice  or  opinion,  at  least,  of  the  people's  Rep- 
resentatives would,  no  doubt,  be  agreeable  to  him. 
Here  is  a  new  nation  sprung  into  existence  by 
bomting  the  bonds  of  oppression,  as  we  did. 
Whether  we  should  be  the  first  to  recognise  them. 
•r  wait  until  the  monarchies  of  Europe  should 
have  done  it,  are  questions  of  policy  as  well  as 
principle.  Should  the  amendment  prevail,  and 
^touid  he  determine,  on  the  return  of  the  Com- 
missioners, to  send  a  Minister,  he  would  feel  a 
eonfidence  that  the  people  would  not  complain, 
nor  would  he  be  exposed  to  have  the  correctness 
of  his  course  questioned  or  criticised  In  discuss^ 
ing  the  next  appropriation  bilL 

Bir,  there  is  a  character  of  hostility  given  to 
thb  measure  which  it  does  not  deserve.  This 
rery  session  we  have  passed  an  act,  far  more 
hostile  to  Spain,  and  favorable  to  the  provincef, 
than  the  amendment  under  consideration.  An 
aet  expressly  offering  the  flasr  of  the  provinces 
protection  in  all  our  ports,  x  et,  when  an  inno- 
cent proposition  is  submitted  to  vest  a  discretion 
in  the  President  to  do  a  harmless  act,  you  take 
the  alarm,  and  denounce  its  advocates  as  hostile 
to.  Spain  and  unfriendly  to  the  President.    Sir. 


this  is,  indeed,  '^straining  at  n  gnat,  and  swallow^ 
ing  a  catnel." 

But  there  is  no  proof  that  Buenos  Ayres  has 
an  independent  government,  or  that  the  people 
are  sufficiently  populous  or  powerful  and  intelli- 
gent to  maintain  their  independence.  I  am  aware 
that  our  knowledge  of  their  political  condition  is 
still  imperfect.  For  that  reason  I  would  do 
nothing  in  haste.  I  would  wait  the  return  of  the 
Commissioners;  and  this  is  what  this  amendment 
contemplates.  We,  however,  do  know  that  the  * 
province  of  Buenos  Ayres  is  extensive  and  popu- 
lous; that  it  extends  sixteen  hundred  miles  by  one 
thousand,  and  that  it  has  cities  containing  from 
70,000^  to  100,000  inhabitants.  We  know,  also,  that 
the  principal  cities,  Buenos  Ayres  and  Potost, 
and,  indeed,  all  the  others,  are  in  possdbsion  of 
the  patriots.  Now  where  are  the  royal  forces  1 
The  population  of  this  province  is  almost  exclu- 
sively in  the  cities.  The  settlements  commenced 
in  this  way  at  first^  as  a  protection  against  the 
savages.  If  these  cities  are  under  the  government 
of  the  patriots,  what  does  Ferdinand  govern? 
The  gentleman  from  South  Carolina  (Mr. 
LowNOBs)  intimates  that  Potosi  has  lately  oeen 
in  possession  of  the  royal  forces,  and  that  it  is  noS' 
certfiin  but  tliat  they  may  occupy  it  now.  Sir, 
how  could  St.  Martin  cross  the  Andes  with 
Potosi  in  possession  of  his  enemy  ?  Yet  he  has 
done  this,  expelled  the  royalists  from  Onili,  and 
has,  probably  ere  this,  liberated  Peru,  i  think  I 
may.  with  safety,  affirm  that  no  royalist  has  ven- 
tured, during  these  last  five  years,  to  enter  this 
province. 

But  the  last,  and,  as  I  believe,  the  most  illib- 
eral objection,  is  yet  to  be  noticed  :-*The  inde- 
pendence of  South  America  would  not  profit  us  I 
Sir,  I  regret  that  such  an  objection  should  come 
from  such  a  source.  The  lionorable  gentleman 
from  Maryland,  (Mr*  Smith,)  in  the  true  spirit  of 
calculation,  apprehends  that  the  exports  m  these 
provinces  would  rival  ous.  Nay,  more,  this  de- 
graded country  is  to  become  our  rival  ia  power, 
and  to  threaten  the  existence  of  our  navy.  In 
one  breath  we  are  told,  these  people  are  too 
ignorant  and  imbecile  for  self^^vernment;  in  the 
next  let  them  be  free,  and  they  will  become 
mignty  rivals,  and  en£ross  our  commerce  and 
vanquish  our  navy.  They  are  to  build  ships 
without  timber,  (for  they  bring  it  nowftom  Para* 
guay,)  and  they  are  to  navigate  them  without 
seamen. 

Sir,  when  the  Portuguese  monarchy  was  trans- 
ferred to  the  Brazils^  we  were  not  then  alartted 
at  the  danger  of  rivalship.  We  sent  them  a 
Minister  at  the  rate  of  nine  thousand  dollars  a 
year,  and  nine  thousand  dollars  outfit.  Theae 
South  Americans  are  not  destined  to  become 
commercial  rivab  to  any  nation.  Many  of  them 
lie  within  the  torrid  zone--a  country  favorable 
to  production,  but  not  to  enterprise,  x  our  ships, 
your  manufactures,  your  carrying  trade,  will  find 
a  brisk  and  constant  demand,  from  a  people  with 
whom  labor  and  enterprise  are  not  familiar. 

Sir,  let  us  not  indulge  an  unreasonaUe  jealousy 
where  the  cause  of  U&rtyaad  humanity  are^on- 


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ILorR. 


eenied.  I  hope  md  trast  that  men  whose  fathers 
fought  and  bled  in  such  a  cause,  will  nerer  be 
deterred  by  coBsiderations  selfish  as  these. 

The  hardf  sods  of  the  North  will  never  be  in 
dwnger  from  the  freedom  of  the  Sooth ;  oar  sail- 
ors are  iniired  to  storms  and  tempests,  and  ezpe* 
rieneed  in  hardshipe  and  peril.  Their  enterprise 
will  not  yield  to  that  of  any  people  on  earth.  It 
is  eren  childish  to  apprehend  danger  from  the 
independence  of  Soath  America ;  bat  there  are 
strong  and  powerful]  leasons  why  we  should  re- 
joice at  and  eneourage  such  an  erent.  And  we* 
do  reioiee  at  and  encounge  it.  The  President  of 
the  United  States  wishes,  as  ardently  as  any  one, 
fbr  their  emancipation.  He  whose  whole  lif^ 
has  been  devoted  to  freedom,  cannot,  does  not, 
will  not,  look  with  indiiference  on  events  of  such 
interest. 

Sir,  the  people  of  the  United  States  do,  and 
ever  will,  mke  a  most  lively  interest  in  the  free- 
dom of  tneir  brethren  of  the  South.  It  is  the 
cause  in  which  we  fought,  and  bled,  and  con- 
quered. This  nation  now  stands  alone,  the  only 
established  Republic  on  earth,  like  a  solitary 
rock  in  the  ocean,  where  the  storms  of  tyranny 
have  burst  upon  its  brow,  and  the  billows  of  fac- 
tion broke  harmless  at  its  base.  Will  it  not  then 
be  a  source  of  consolation,  that  we  can  hail  one 
Republic  as  a  sister,  take  her  by  the  hand,  and 
encourage  her  in  her  advance  to  freedom  ? 

Sir,  I  have  thus  far  tired  the  patience  of  the 
Committee,  in  showing,  that  this  measure  is  in- 
nocent in  itself,  and  is  neither  hostile  to  Spain, 
not  unfriendly  to  the  Administration.  I  trust  I 
have  succeeded  in  proving  that  the  course  of  the 
Executive  is  coincident  with  this  measure,  and 
that  whatever  other  ffcntlemen  may  feel,  my 
views  are  to  accord  with,  and  support  the  Execu- 
tive oa  thi9  subject ;  and  that  the  whole  amount 
of  the  proposition  is,  to  give  the  President  the 
means,  and  to  leave  it  to  his  entire  discretion 
whether  he  shall  tue  them  or  not. 

Mr.  TucKKR,  of  Virginia,  said,  that  at  this  late 
period  of  the  discussion,  be  could  only  claim  the 
mdilgence  of  the  Committee  upon  a  principle, 
which  never  failed  to  secure  to  those  who  asked 
it  their  patient  attention.  He  found  that,  upon 
this  occasion,  he  should  be  in  a  small  minority  of 
the  delegation  from  bb  own  State,  and  was, 
therefbre,  peculiarly  solicitous  of  ezpUuning  the 
reasons  of  his  differing  from  bis  honorable  col- 
leagues, for  whose  opinions  he  felt  the  greatest 
respect  and  deference.  There  was,  indeed,  an- 
other reason  of  not  less  importance.  This  propo- 
sition bad  been  supported  upon  a  variety  of  pnn* 
ciplee,  and  by  v^  various  arguments :  nor  would 
gentlemen  be  surprised  to  learn  that  his  own 
views  of  a  subject,  which  had  so  manv  aspects, 
had  not  been  exactly  presented,  when  they  recur 
to  the  fiict,  that  scarcely  any  two  persons,  who 
had  spoken  on  this  occasion,  had  entirely  coin- 
cided. The  honorable '  Speaker  had  declared 
hhnselffor  this  proposition,  but  was  opposed  to 
war  or  the  occuaation  of  Florida.  The  gentle- 
man from  Georgia  is  against  this  proposition,  but 
is  in  fiivor  of  the  occupatioa  or  Pionda.    My 


friend  from  Louisiana  is  in  favor  of  both ;  and 
my  friend  from  South  Carolina  (Mr.  LowHuns) 
is  in  favor  of  neither.  Among  these  various  opin* 
ions,  I  am  inclined  to  the  adoption  of  this  propo- 
sition, though  I  coincide  otherwise  entirely  in  the 
pacific  policy  of  the  chairman  of  the  Committee 
of  Wavs  and  Means ;  an  opinion  which  I  shall 
probably  endeavor  to  support  upon  erounds  con- 
siderably different  from  those  which  have  been 
advanced  by  the  Speaker. 

Sir,  I  have  said,  on  a  former  occasion,  that  I 
am  opposed  to  involving  the  nation  in  vrar,  unless 
a  great  and  important  occasion  shall  require  it. 
I  have  said,  that  I  am  unwilling  to  entangle  our- 
selves in  the  contest  now  raging  between  Spain 
and  the  provinces  of  South  America,  but,  that  T 
would  maintain  an  honorable,  impartial,  and  dig- 
nified neutrality.  I  am  opposed  to  war,  because 
I  see  no  adequate  advantaiges  to  be  derived  from 
it;  because  the  occasion  does  not  seem  to  justify 
so  important  and  momentous  a  measure ;  because 
the  amount  of  the  losses  for  which  we  seek  in- 
demnity, and  of  the  property  we  wish  to  zet  pos- 
session of,  bears  no  comparison  with  the  hazards 
which  we  must  encounter,  whenever  we  engage 
in  war ;  and,  because  I  conceive  a  state  of  war 
always  reidete  with  danger  to  the  principles  of 
our  Constitution.  It  has  long  been  my  settled 
and  deliberate  opinion,  that  nothing  is  so  apt  to 
sap  the  foundation  of  our  liberties  as  frequent 
wars.  Every  laurel  that  we  gain  is  at  the  haz- 
ard of  some  principle  of  free  government;  every 
field  that  we  win  endangers  some  part  of  our 
Constitution.  The  urgency  must,  therefore,  be 
pressing,  the  necessity  imperious,  which  drives 
us  to  war ;  and,  were  I  less  convinced  than  the 
gentleman  from  South  Carolina,  of  the  unprofit- 
able results  of  a  Spanish  war  in  other  respects, 
the  consideration  I  have  mentioned  would  suffice 
to  dissuade  me  from  giving  my  voice  for  waging 
it  in  the  present  state  of  things. 

But,  sir,  while  opposed  to  war ;  while  averse 
to  ererj  measure  which  will  probabljr  lead  to  it, 
and  which  the  honor  and  interest  of  the  nation 
does  not  require,  I  have  said  that  I  would  pre- 
serve a  strict,  impartial,  and  dignified  neutrality; 
and  I  do  most  sincerely  believe^  that,  in  the  pur- 
suit of  this  end,  the  measure  under  consideration 
ought  to  be  adopted. 

I  cannot  but  regret,  Mr.  Chairman,  the  man- 
ner in  which  this  proposition  has  been  discussed, 
and  the  remai^  that  have  been  introduced  by  its 
opposers.  1  allude  to  the  harsh  expressions  that 
have  been  used  in  speaking  of  these  unhappy 
people,  who  have  long  been  struggling  to  throw 
off  the  most  galling  yoke,  the  most  hateful  sla- 
very that  has  ever  yet  tortured  and  degraded 
man.  The  honorable  gentleman  from  Gieorgia 
tells  us,  that  he  sympathises  in  their  cause^  and 
earnestly  wishes  tor  their  success.  I  doubt  not 
his  sincerity.  Yet  I  would  appeal  to  every  mem- 
ber of  the  Committee,  whether  the  harsh  colors 
in  which  he  has  represented  them,  and  the  dark 
picture  he  has  drawn  of  their  ignorance  and 
depravity,  is  calculated  to  transfuse  into  other 
boioms  the  sympathy  of  his  own.    I  will  tppeal 


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leoa. 


CO  kiamU  wticUicff  kia  glowing  iMgpa^  19  likely 
to  win  iw  tQ  tbcir  eouse,  ft«4  to  disseaiioate, 
through  the  natloo,  an  inter^flt  in  theii  pros* 
p«rity,  wheo  be  represeoted  ihein  as  haf iog  lit 
the  torch  of  revolotioa,  witboat  potaeasing  a 
fieittimeni  of  liberty;  witb  oondnetiag  itbynaa- 
iac?es  atid  etiormiti^t,  which  render  them  «q- 
worthy  of  ittedom;  aii4  with  termlnatiiig  it  ia 
a  tyranay,  noi  mferior  to  that  whiek  they  have 
ovenbrown^  Aceordiog  to  thia  view  of  the  aoh- 
jectj  ih^h  Rt:volutioD  haa  eommeDeed  io  igoor- 
aat«  I  i\&  cour!^e  baa  been  ^taiaed  by  murder ;  ita 
e&d  has  been  tbe  sabjogatioa  of  the  people;  aod 
ve  &buixld  f«d  not  ooe  emotioo  of  pitv  for  their 
Ku Bering^  or  of  soKicitode  for  their  weliare.  Sir. 
1  ara  aware  ihat  this  courae  of  remark  waa,  in 
som£  mea^ur^,  drawn  from  the  gentleman  by  the 
obfier nations  of  the  Speaker.  But>  while  he  pro- 
teau  against  the  compariaoA  of  the  patriota  with 
the  heroes  ol  our  ReroLfttioo,  he  might  have 
ipared  thenij  ai  leaaL  the  eontrasi  which  ke  kaa 
so  vividly  drawa.  He  teUa  oa  tkat  ihey  hugged 
their  cbaioF,  and  lofod  the  lyianny ;  and  that 
the  origin  of  their  Revolution  had  no  foaodation 
ia  I  be  pr i  □  c  i  pi  e^  of  freedom.  He  doea  not  attend 
sufficieotly^  I  Lb  ink,  to  the  naiure  of  revolution, 
or  sufBcienily  consider  the  aitnation  of  tkia  peo- 
ple. What  would  be  aaid  of  tkat  man,  who^ 
tuimag  aver  the  pagea  of  our  hiatory,  abould 
charge  the  sages  and  paUiotftcMf  our  Revolaiion 
wiib  iiugglng  Lb«ir  c^ina  and  loving  their  ty* 
rant,  because  uf  the  repeated  and  loyal  reaM)iH 
airances  and  mcmoriala  preaented  to  the  Crown? 
What  should  we  thixA  of  the  aUteaaaan,  who, 
looking  oaly  to  ibe  aurface  of  thinga,  ^ould  at- 
tiibute  our  gloriuuB  atruggte  to  a  mean  and  mer- 
cenary spirit  J  which  revolted  only  at  a  twelve* 
penny  statnpj  ar  a  trivial  duty  on  a  pound  of  tea? 
Sir,  tbo^  who  sat  at  the  heka  were  men  of  pro- 
found wisdom  and  political  aagaoity:  deeply 
versed  in  the  knowledge  of  their  rigkta  aa  fcee- 
mtD,  aod  intjmateljr  acquainted  with  tkepruMi- 
pies  of  human  action;  and,  in  candueting  ua 
o?er  ibe  temp^stuona  ocean  of  revolntion.  they 
looked  with  a  Meady  eye  to  the  libertiea  ot  their 
country  I  whit^  they  availed  themaelvea  of  td\ 
these  popular  breeiea,  to  waft  the  veaael  of  atate 
into  ihe  hAvtn  of  freedom  and  independence. 
8ucb  may  be  ibe  case  with  the  Revolution  of 
the  BpaQisb  pro¥JQce6.  We  aietoo  imperfectly 
acquainted  witb  the  facta  wkich  led  to  their  con- 
TiiJaioQ  10  proDounce  them  deatitnte  of  the  noUe 
principles  of  liberty. 

Nor  are  tiiufficieEit  allowancea  made  for  the  ait- 
uation  of  tbe&e  u  a  happy  people  for  many  centu- 
ries. Two  or  three  kundced  yeara  have  they  been 
groaning  under  a  tyranny  the  most  oppressive 
that  has  ever  overwhelmed  a  wretched  people. 
Nothing  paraUel  to  the  misery  and  slavery  of 
Spanish  America  can  be  found  in  the  annab  of 
theiabBbitable  globe.  It  has  been  governed  with 
^n  iron  rod,  by  monarchs  who  have  been  most  dia- 

'tiguibbtd  always  by  whatever  is  most  horrible 
M  tyrantiy,  mo3ii  detestable  in  bigoiry,  and  aMat 

ootempuble  in  imbecilitv.  They  have  been  in* 
vo|?ed,  for  ceDturiea,  in  the  deepeat  gloom  of  ig- 


nonuace  and  auperatitioii,  into  which  it  is  tk» 
interest  of  tyrants  forever  to  plunge  the  Tictima 
of  their  power.  And  whe0|  at  length,  a  beam  of 
liberty  has  pierced  the  cloud  which  has  so  long 
benighted  them,  shall  we  be  snrprised  that  it  haa 
noty  in  a  moment,  dispelled  the  darkness^  and 
spread  abroad,  throujchoot  their  lands  Ae  splendor 
of  the  meridian  sun  7  Let  us  rather  rejoice  that 
light  hath,  broken  in  upon  them,  and  look  with 
confidence  to  yet  brighter  moments.  Let  us  re* 
member  that  the  throes  of  revolution  aie  moat 
violent,  where  the  mind  has  been  least  ealightp 
ened ;  nor  wonder  that^  in  the  atruggle  to  throw 
off  the  Spanish  yoke,  greater  outragea  skould  kt 
committed  than  in  our  own  Revolution.  We  are 
told  of  the  massacres  of  their  enemies,  and  the 
enormitiea  of  their  Revolution^  Unfortanatakf 
these  are  evils,  too,  necessarily  connected  with 
civil  war.  Even  we  were  not  without  them. 
The  Carolinaa  were  the  scene,  during  our  Revoh 
lution^  of  eve;nts  that  we  shudder  to  reciAlect. 
Brother  waa  armed  against  hrother-^neighbor 
against  neighbor.  Our  foCf  too,  was  geoerona 
and  merciful,  compared  with  the  cruel  a^  nare- 
lenting  tyrants  of  those  wretched  and  atruggUag 
people.  Tea,  sir,  the  cruelties  perpetrated  00  the 
Spanish  patriota,  by  the  inhuman  monaters  who 
aeek  their  aubjti^^^on,  cannot  find  a  parallel  ia 
the  annala  of  nations,  if  you  except  the  history  of 
Spain  herself.  Tear  but  avav  the  page  in  whick 
her  bloody  deeds  are  recorded^  and  you  will  &id 
no  parallel  to  her  late  enorraiues.  She  is,  indeed. 
*^her  only  parallel."  And  is  it  to  be  ezpeated 
thai,  in  a  war  like  this,  forbearance  can  be  found 
among  those  who  are  goaded  into  madness  by 
treacherv  and  cold-blooded  massacre?  U  ia  iaK-^ 
poasibliel 

Sir,  it  is  for  these  struggling  people  tkat  I  owa 
my  sympathies  are  excited.  I  am  not  ashamed* 
to  avow  them.  I  know  it  is  not  very  faskionabha 
to  declaim  in  favor  of  liberty,  and  had  I  tha  dia<^ 
position  and  the  talent  I  should  be  saved  the  el^ 
ibrt  by  the  nervous  eloquence-  of  the  geotlemna 
who  spoke  on  yesterday^  (Mr.  RoBCgTSON.)-  I 
always  listen  to  him  with,  pleasure,  but  oa  yeai> 
terday  witk  delighu  His  speech  waa  dictated  bf' 
a  Roman  apirit,  and  a  ganiuae  republicaoiaoi ; 
—a  republicanism  that  knows  no  ckange;  whicdk 
during^  the  lapse  of  nearly  thirty  yeara  that  I 
have  Jknown  kim,  kaa  remained  uaaltoredi  and 
unimpaired. 

There  is.  Mr.  Chairmaui  another  aotirseof  re- 
mark tkat  I  cannot  but  regret  on  tkif  oceaai<M(u 
It  haa  been  said  that  this  proposition  impliea  a> 
censure  on  the  Executive.  I  am  weU  aware  thai, 
the  gentleman  from  South  Caiolina  did  not  meaa. 
jto  intimate  anything  personal  by  the  ramaxlu 
Yet  it  cannot  but  have  ita  effect. 

[Mr.  LowMoaa  rose  and  explained,  saying. that|i 
as  he  frequently  differed  from  the  Executive  hioH 
self,  he  could  not  disapprove  a  kimilar  fr.eedoai  of. 
opinion  in  otbera.]    Idr.  TnoKSB  continued— 

The  explanation  of  the  gentleman  was  uoaa- 
ceaaary.  Hia  uniform  urbanitv  fnrniahed  a  si^BEU 
cient  assurance  that  the  remark  was  not  intended 
with  any  personal  view.    Bpf ,  though  thia  ia  th« 


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iSJpaa0af4  Jmmcon  Pr&mnoeM* 


H.opR. 


eaie^  yet  tbe  iDtimaiioxi  that  the  projioaitioo  is 
not  in  eoDfionaDce  with  BzecQtire  dpioioD,  ia  not 
withottt  effect.  The  high  standiag  and  com- 
mandlDff  taleats  of  the  gentleinao  may  render  it 
pereooaUy  aoimportaQt  to  him,  whether  his  course 
cooflicts  with  Bxecative  opinioQ  or  not.  It  b 
not  always  so  with  others.  The  Bxecutire  branch 
of  the  QoFernment,  though  it  possesses  not  a  very 
cztensHre  direct  influence,  is  vastly  powerful  in 
its  indirect  and  reflected  influence  over  this  body. 
Sleeted  by  the  suffrages  of  the  whole  nation,  there 
are  maov  who  look  upon  him  as  tbe  Northern 
Star  of  the  political  flrnument,  which  alone  pre« 
serves  its  place  in  the  heavens,  "fixed  and  un- 
ahaked  of  motion;"  and  by  him  they  discern  the 
aberrations  of  the  lesser  constellations  of  tbe  sys- 
tem. I  will  not  pretend  to  say  that  to  a  certain 
extent  this  may  not  have  its  advantages;  but  this 
I  can  venture  to  advance,  that  he  who  acts  with 
candor  and  frankness,  and  with  a  sole  view  to 
the  honor  and  interest  of  the  nation,  wUl  not  fail 
to  receive  approbation  rather  than  censure  for 
his  frankness  and  independence.  Our  constitu- 
ents wiii  deal  liberally  by  us  so  long  as  our  mo- 
tives aie  pure;  and  by  this  standard  I  am  willing 
to  be  tried  whenever  I  am  found  in  collision  with 
the  Executive.  But  to  whom  are  we  to  look  on 
the  present  occasion  in  order  to  discern  its  opin- 
ions? To  either  of  the  two  honocable  chairmen, 
from  whom  we  might  most  reasonably  expect 
such  information?  No;  they  differ  with  each 
other.  And  the  occupation  of  Florida,  which 
one  of  them  proposes,  seems  generally  to  be  so p- 
jKtted  at  variance  with  tbe  Cabinet  opinion.  Thus 
aituatedyl  beg  leave  not  only  to  disregard  the  in- 
timation that  this  measure  implies  censure,  but 

I  utterly  disavow  and  disclaim,  on  my  part,  any 
each  ideu.  So  far  £rom  it,  that,  according  to  mv 
notion  of  things,  the  vote  which  I  shall  give  wiU 
be  (bonded  on  principles  that  confirm  the  pro- 
mety  of  the  course  pursued  by  the  GtovernmenL 
What  is  the  character  of  the  proposition?  It  ap- 
propriates the  usual  sum  for  the  outfit  and  salary 
of  a  Minister,  for  the  purpose  of  sending  a  rep- 
resentative of  this  Government  to  Buenos  Ayres, 
whenever  the  Executive,  in  the  exercise  of  its 
Conatitntional  diseretioui  shall  think  it  advisable. 

II  commands  nothing;  but  it  intimates^  in  a 
proper  and  Constitutional  manner,  the  readiness 
of  this  Honse  to  go  hand  in  hand  with  the  Exe- 
cutive, in  the  interesting  measure  of  opening  an 
iatercoorse  with  the  Government  of  La  Plata,  by 
sending  and  receiving  Ministers.  It  is  in  this 
waff  aod  in  this  way  only^  that  I  understand  th^ 
propoeitien.  Is  there  any  direct  censure  of  the 
Executive  here?  Not  at  all.  Is  there  any  im- 
plied 7  A  construction  which  would  give  to  it 
this  character,  must  be  forced  and  unnatural.  It 
ia  only  upon  the  hvpothesis  of  the  gentleman  from 
Souih  Carolina,  that  such  a  construction  has  the 
air  of  plausibility.  He  tells  us  that  as  the  Exec- 
utive have  the  power,  this  House  ought  not  to 
interfere,  unless  there  has  been  culpable  negli- 
gence in  its  exercise ;  unless  there  has  been  un- 
reasonable delav  in  sending  a  Minister  to  a  for- 
eign Power.     If  his  doctrine  be  admitted  as  a 


general  rule,  y/st,  cases  like  the  present,  must  form 
an  exception  to  it.  There  is  an  evident  distinc- 
tion between  sending  Ministers  to  old  esiablished 
Governments,  aod  sending  a  Minister  for  the  first 
time  to  a  new  Government,  separating  itself  from 
one  to  which  it  had  formerly  been  attached.  The 
one  leads  to  no  dangerous  results ;  the  other,  we 
are  told  by  gentlemen,  will  put  to  hazard  the 
peace  of  the  country.  You  may  send  a  Minister 
to  Turkey,  or  toluly,  to  Denmark,  or  to  Austria, 
without  offending  any  one.  But  we  are  told  that, 
if  we  send  a  Minister  to  La  Plata,  we  shall  in- 
volve ourselves  in  a  quarrel  with  Spain.  Be  it 
so.    Is  it  not,  then,  a  sufficient  reason  for  the  ex- 

Sression  of  the  opinion  of  this  House,  the  imme- 
iate  representative  of  the  people — the  Constitu- 
tional organ  for  declaring  war— that  a  contem- 
plated measure  may  lead  to  a  state  of  war?  Is  it 
fkir  to  expect  the  executive  branch  of  the  Gov- 
ernment to  assume,  alone,  the  responsibility  of  a 
measure  involving  such  momentous  consequences,^ 
while  we  stand  silently  by,  unwilling  to  share 
the  hazard  of  expressiiig  an  opinion  ?  Or,  is  it 
consistent  with  the  spirit  of  our  Constitution,  that 
the  Executive  should  pursue  a  course  which  leads 
to  hostilities,  without  an  intimation  of  the  opin- 
ion and  wishes  of  the  nation,  expressed  through 
the  legislative  body,  on  so  important  a  concern  ? 
I  thinx  noty  sir ;  and  so  far  from  censuring  the 
forbearance  of  the  Executive,  hitherto  to  send  a 
Minister  to  La  Plata,  I  applaud  it;  because,  al- 
though I  do  not  think  it  would  give  just  cause  of 
war,  yety  as  it  might  lead  to  a  rupture  with  Spain, 
a  (NToper  respect  for  the  rights  of  this  body  re- 
quired that  they  should  await  its  opinion  on  the 
subject.  Nor  ouj|[bt  they  to  send  a  Minister,  or 
to  receive  one,  without  the  sanction  of  the  1^^ 
lative  bodv,  until  the  lapse  of  time,  or  the  acqui- 
escence of  Spain  shall  nave  removed  every  haz- 
ard of  hostility.  It  is,  then,  with  a  view  of  ex- 
pressing, at  this  time,  our  willinffness  to  go  hand 
in  handwith  the  Executive  in  (his  aftir,  when-  . 
ever  it  shall  think  it  advisable  to  act,  that  I  shall 
give  my  support  to  this  proposition. 

But,  gentlemen  seem  to  consider  this  an  inter- 
ference with  the  Constitutional  powe(%  of  the 
Executive.  I  do  not  think  so.  This  House  has 
ai  all  times,  and  on  all  subjects,  a  right  to  declare 
iu  opinions,  leaving  to  the  Executive  to  act  upon 
them  or  not,  according  to  its  pleasure.  Nay,  it 
has  often  done  more.  Wherever  tbe  act  to  be 
done  by  the  Executive  has  been  intimately  con- 
nected with  the  Constitutional  powers  of  this 
body,  it  has  always  deemed  itsen  competent  to 
act.  Thus,  before  the  treatv  for  the  purchase  of 
Louisiana  was  made,  92,000,000  were  put  at  the 
disposal  of  the  Government  for  a  purchase  of 
iSouthern  territory.  Here  there  was  an  act  per- 
fectly analogous.  This  body  had  no  riffbt  to 
make  a  purchase,  or  to  command  the  President  to 
do  so :  but,  as  the  purchase,  if  made,  would  have 
called  upon  the  Legislative  body  for  an  appropri- 
ation, it  was  thought  advisable  to  make  it  before 
hand,  and  thus  indicate  a  correspondence  of  views 
on  a  subject*  where  correspondence  was  neces- 
sary.   Cottla  it  have  been  said  at  this  time,  that 


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the  BiecaUre  were  censured  bj  Congress  for  de- 
aying  to  make  a  purchase  the  interest  of  the  na- 
tion called  for  ?  Could  it  then  have  been  objected 
that  we  were  trenching  upon  the  Constitutional 
powers  of.  the  Ezecotire  1  Could  it  have  been 
alleged  to  be  useless  and  frivolous,  because  the 
Sxecutive  could  make  the  purchase  without  a 
law  7  If  not,  neither  can  it  be  said  now.  The 
act  of  the  Executive  tAere  would  only  have  called 
for  a  small  appropriation.  The  act  of  the  Exe- 
cutive here  might  have  the  effect  of  a  declaration 
of  war,  which  it  is  within  the  Constitutional 
powers  of  the  Legislative  bodv  alone  to  make.  It 
would  appear  to  me  indeed  of  the  utmost  import- 
ance, that  this  correspondence  of  views  should  be 
preserved  between  these  two  branches  of  the  Gov- 
ernment. How  embarrassing  to  the  Executive 
must  it  be,  if,  after  a  treaty  has  been  made  calling 
for  a  large  appropriation,  this  body  should  refuse 
to  make  It,  and  to  sanction  a  contract  entered  into 
with  a  foreign  State.  How  much  more  embar- 
rassing if,  in  the  exercise  of  its  Constitutional 
powers,  the  Executive  should  involve  the  nation 
m  a  war  against  the  wishes  of  its  Representatives. 
The  janing  and  confusion,  and  inefficiency  that 
would  result,  might  have  the  most  fatal  influence 
on  the  national  success.  No,  sir,  frankness  and 
eandor,  and  a  free  and  unreserved  communication 
of  the  feelings  and  opinions  of  each  by  the  other, 
can  never  have  any  other  than  the  happiest  influ- 
ence upon  the  National  Councils. 

The  propriety  of  an  expression  of  an  opinion 
by  this  House  on  important  occasions  being  es- 
tablished, it  behooves  us  to  consider  the  necessity 
of  an  interference  at  this  time.  Although  we 
cannot  perhaps  speak  very  certainly  of  the  situa- 
tion of  the  Spanish  provinces^  yet,  no  doubt  can 
exist  that  a  civil  war  is  at  this  time  raging  between 
the  colonies  and  the  mother  countrv.  Nor  can 
there  be  more  reason  to  doubt,  that  the  power  de 
facto  in  the  Spanish  province  of  Buenos  Ayres  is 
in  the  hands  of  the  revolutionary  imtriots.  And 
what  is  the  principle  of  the  law  of  nations  appli- 
cable to  this  state  of  things  ?  It  is,  that  all  foreign 
nations  have  a  right  to  consider  the  two  contend- 
ing parties  as  two  independent  nations  in  all  re- 
spects \  that  foreign  nations  have  no  right  to  judge 
which  party  is  in  the  right,  are  justified  in  looking 
no  farther  than  to  the  possession  of  the  power, 
and  in  considering  those  who  are  possessed  of  the 
power,  defacto^  as  the  Government  of  the  country. 
It  Is  a  wise  and  natural  principle  of  the  law  of 
nations.  It  flows  from  the  source  of  all  national 
law :  the  rights  of  nations  to  protect  themselves 
and  to  seek  their  own  advantage  without  injury 
to  others.  Nations,  it  is  said,  ueat  and  commu- 
nicate with  each  other  to  procure  commercial 
and  other  benefiu;  to  obtain  redress  for  injuries 
sustained,  or  to  provide  against  their  occurrence. 
It  matters  not  to  the  neutral  nation  whether  the 
parties  at  war  are  right  or  wron^ ;  it  may  be  its 
interest  to  make  arrangements  with  both  ^  it  may 
be  necessary  to  treat  and  communicate  with  each, 
to  obtain  satisfaction  for  wrongs,  or  to  regulate 
their  intercourse  so  as  to  prevent  those  infractions 
of  neutral  right,  so  common  in  a  state  of  war. 


In  this  view,  it  is  only  important  to  the  neutral, 
that  the  parties  are  possessed  of  the  physicilpower 
of  doing  injuries  or  conferring  benefits.    With  a 
people  possessed  of  the  physical  power,  or  power 
de  facto,  though  in  a  state  of  civil  war,  the  laws 
of  nations  admit  the  neutral  to  communicate  u 
with  an  independent  Power.    They  consider  them 
in  all  respects  as  sovereign  for  the  time  being,  and 
of  course  they  justify  communications  with  them 
by  Ministers.    If  it  were  otherwise,  nations  at 
pe^ce  might  suffer  the  direst  wrongs  from  the 
parties  in  a  civil  war,  without  the  possibility  of 
redress,  since  the  only  way  of  demanding  it  is^ 
by  Ministers. 

An  application  of  these  principles  to  our  own 
case^  will  show  the  reasonableness  of  the  rule. 
Spam  and  her  colonies  are  at  war ;  should  they 
continue  hostile  (as  Spain  did  with  the  Nether- 
lands for  half  a  century,  without  acknowledging 
their  independence,  though  they  were  completely 
sovereign;  can  it  oe  beReved  that,  according  to 
the  laws  of  nations,  all  other  Powers  are  to  be 
debarred  of  the  advantages  of  trade  and  commerce 
which  they  hold  out  ?    And  how  shall  treaties  of 
commerce  be  made  without  Ministers?    Or,  sup- 
pose the  Republic  of  La  Plata  cruises  on  our  com- 
merce, or  taxes  our  shipping  under  illegal  block- 
ades, or  attempts  to  enforce  improper  laws  of 
contraband,  or  throws  our  citizens  into  dungeons, 
(as  Spain  nas  done  with  Mr.  Meade,}  shall  we 
have  no  redress  ?    Can  we  not  demand  satisfac- 
tion ;  the  release  of  our  property  ;  the  discharge 
of  our  citizens  |  and  compensation  for  the  injury  1 
And  how  is  this  to  be  done  without  a  Minister  t 
And  if  through  a  Minister  you  make  this  demand, 
is  it  not  a  demand  upon  them  as  sovereigns  for 
the  time  being  ?    You  have  sent  agents,  or  what- 
ever they  are  called— (for  gentlemen  do  not  seem 
to  agree  by  what  name  they  are  to  be  styled ;  they 
seem  to  be  considered  at  present  a  sort  of  nonde- 
scripts)— and  it  is  contended  that  they  are  not 
Ministers,  nor  invested  with  the  mantle  of  min- 
isterial inviolability — suppose  they  are  seized  and 
confined  as  spies?  will  you  have  no  right  to  send 
and  demand  their  release?     And  if  you  send 
another  representative  shall  he  too  be  unprotected 
by  the  laws  of  nations?  or  will  you  send  a  Min- 
ister, whom,  on  the  principles  of  all  civilized  peo- 
ple, they  will  be  bound  to  respect  ?    The  latter 
assuredly — the  laws  of  nations  would  justify  you, 
and  Spain  would  have  no  right  to  complain ;  be- 
cause, although  the  mission  would  acknowledge 
the  existence  of  civil  war,  and  that  the  Power  to 
whom  you  sent,  held  for  the  time  being  the  power 
de  facto,  it  would  decide  nothing  as  to  the  righu 
of  the  parties  or  the  justice  of  their  cause  j  and  so 
long  as  the  neutral  avoids  this,  so  long  is  the  bel- 
ligerent without  just  cause  of  complaint. 

The  principle  contended  for  is  rendered  the 
more  apparent  by  the  reflection,  that,  according 
to  the  course  of  reflections  I  have  pursued,  it  ia 
in  the  power  of  either  of  the  contending  {Mirties 
to  compel  the  neutral  to  go  to  war  or  send  a  Min- 
ister. Thus,  by  capturing  our  vessels,  or  pHander- 
ing  our  trade,  the  provinces  of  La  Plata  may 
compel  us  to  send  a  Minister  to  demand  redress, 


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H.orR. 


or  drive  as  into  a  war,  which,  when  termioated, 
must  terminate  through  Ministers.  Now,  it  is 
abeard  to  contend,  that  Spain  would  have  a  ri^ ht 
to  complain  at  the  performance  of  an  act  which 
the  laws  of  nations  thus  manifestljr  permits,  from 
the  principle  of  self^protection  and  national  ad- 
vancement ;  and  it  would  be  equally  absurd  to 
deny  the  right  to  send  a  Minister  for  the  preven- 
tion of  injury,  when  the  right  is  admitted  to  send 
one  for  the  redress  of  a  wrong. 

If,  indeed,  Mr.  Chairman,  lam  not  very  much 
deceived,  the  error  on  both  sides,  in  this  debate, 
has  been  in  considering  the  mere  act  of  sending 
or  receiving  a  Minister  from  these  colonies,'  as  a 
recognition  of  their  entire  and  permanent  inde- 
penoence .  of  the  Kingdom  of  Spain.  We  are 
gfopin|(  in  the  dark,  it  is  true,  for  want  of  works 
on  nauonal  law ;  but.  as  far  as  I  have  been  able 
to  discover  from  those  I  have  met  with,  the  send- 
ing a  Minister,  to  one  of  two  parties,  in  a  civil 
war,  is  not  of  itself  an  v  recugniuon  of  the  rightful 
independence  of  such  party.  It  recognises  the 
fact  of  civil  war,  which  nobody  can  affect  to  deny. 
It  acknowled^  the  sovereignty,  for  the  time  be* 
ing,  to  reside  in  the  possessor  of  the  power^  with- 
out pretending  to  decide  to  whom  the  right  of 
sovereignty  belongs.  These  principles  are  be- 
lieved to  be  clearly  supported  by  the  authority  of 
Yattel  and  Martens — both  approved  writers  on 
the  laws  of  nations.  [Here  Mr.  T.read  passages 
from  these  works.] 

It  IB  upon  these  principles  that  France  receiv- 
ed Ministers  of  Cromwell,  and  it  is  agreed,  on  all 
hands,  that  Charles  when  restored,  had  no  reason 
to  complain.  On  these  principles  have  the  Min- 
isters of  Napoleon  been  received  by  every  poten- 
Ute  of  Rarope.  On  these  principles,  even  the 
mother  country  may  send  Ministers  to  her  re- 
volting colonies,  without  acknowledging  their 
independcMe.  They  are  sent  from  the  necessi- 
ties aridng  out  of  a  state  oi  war.  By  sueh  ne- 
cessity, they  are  justified  in  neutrals,  and  the  mis- 
sion or  reception  of  a  Minister,  without  an  ex- 
press recognition,  cannot  receive  a  construction 
that  would  implv  a  determination  to  side  with 
either  party.  These  ideas  seem  to  receive  coun- 
tenance from  the  intimations  of  the  Secretary  of 
State,  in  his  conmiunications  with  Mr.  Aguirre, 
which  appeir  in  this  morning's  paper.  It  is  not 
very  explicit,  it  is  true,  bu  t  it  intimates  sufficient- 
ly clear,  that  recognition  must  he  by  treaty,  or 
bv  some  act  other,  than  the  mere  entertaining  a 
Jdinister. 

Fom  these  considerations,  it  would  seem  that 
we  have  a  right  to  send  or  receive  a  Minister 
from  Lm  Plata,  that  Republic  being  in  possession 
of  tJke  power  de  facto,  and  that  Spain  would  have 
no  rignt  to  complain  of  the  act. 

But  it  is  admitted  that  the  writers  on  national 
law  etnte.  that  the  nation  generally  does  com- 
pJmln.  [See  Martens.]  Let  us,  then,  eursorilv 
examine  whether  it  is  probable  that  Spain  vnll 
complain' when  no  iu$t  ground  of  complaint  is 
aibrded.    I  contend  she  will  not— 

Becmuae  we  have  already  encountered  ell  the 
hazard  and  difficoUy  flowing  from  seadiog  or 


receiving  a  mission,  without  its  producing  war ; 
and  because  her  patient  endurance  of  what  she 
avows  to  consider  as  a  flagrant  injury,  contradicts 
the  idea  of  her  being  disposed  to  go  to  war. 

I  have  said  we  have  encountered  already  all 
the  difficulties  of  receiving  or  sending  a  Mint»> 
ter.  We  have  sent  to  the  South  three  agents, 
and  we  have  received  in  this  country  (though 
informally)  an  agent  from  La  Plau  \  an  agent 
with  whom,  from  the  Secretary>k  letter,  I  think 
it  appears  he  would  have  treated.  If  that  agent's 
powers  had  been  more  fulL  Is  it,  therefore,  prob- 
able Spain  would  uke  umbrage  at  our  receiving 
or  sending  a  public  Minister,  when  she  sees,  at 
our  Government  seat,  an  agent,  with  whom  we 
communicate,  and  who,  after  all,  is  but  a  Minis- 
ter, though  not  treated  with  the  ceremonies  usoal 
in  intercourse  with  them  1  For,  what  is  a  Min- 
ister 1  An  agent  from  one  Power  to  another, 
invested  with  authority  to  communicate  on  MibUe 
aflairs.  And  I  should  be  happy,  if  gentlemeQ 
can  point  out  that  pas«^[e  in  the  law  of  natioas 
which  declares  an  individual  sent  on  public  af- 
fairs to  be  no  Minister,  or  draws  a  diatinctioa  be- 
tween an  agent  sent  to  a  Court  and  a  Minister. 
If  there  be  a  distinction^  in  the  preeent  instance, 
it  must  be  on  the  supposition,  (which  isnot  truoi) 


offensive  to  her,  or  less  inconsistent  with  our 
duties  as  a  nation,  to  receive  a  private  agent  from 
rebel  subjecu,  than  openly  to  receive  a  Minister, 
upon  the  true  and  manly  and  justiflable  principle, 
that,  whatever  may  be  the  righu  of  the  partiee, 
La  Plata  is,  for  the  time  being,  possessed  of  the 
^vitx  de  facto.  Such  a  course  appears  to  me  both 
honorable  and  direct,  and  less  dangeroiu  to  our 
peace. 

Gkntlemen  have  contended  that  the  Uniled 
States  have  manifested  their  impartiality  by  per- 
mitting a  trade  to  South  America  in  arms,  and 
by  admitting  the  Patriot  flag  into  our  ports*  The 
first,  it  is  true,  is  nothing  extraordinary— the 
laws  of  nations  permitting  me  trade  in  arms  with 
nations  at  war,  subject  to  the  right  of  seizmre  for 
contraband.  The  latter— the  admission  of  t^ 
flag— was  an  important  manifestation  of  friendly 
dispositions,  given  two  years  ago  by  this  Govern- 
ment. Don  Onis  complained  of  u.  What  was 
the  reply  of  the  Government  ?  That  a  civilwmr 
was  ragii^;  that  the  United  States  eouM  noc  de- 
cide the  riffht,  and  was  bound^  strict  neotcalkf , 
to  admit  the  flags  of  both.  Was  not  this  admis- 
sioo,  and  the  avowal  of  it  by  the  Government,  a 
recognition  of  the  fact,  that,  for  the  time  being, 
during  the  continuance  of  the  war,  and  the  pos- 
session of  the  power  de  facto  by  the  patriots,  the 
patriot  flag  was  to  be  considered  as  the  flac  of  a 
sovereign  Power ?  Was  it  not  as  completea 
recogmtion  as  the  receiving  of  a  Minister  to  regu- 
late that  trade,  which  was  in  fact  permitted  ?  If 
so,  (and  the  Spanish  Minister  seems,  by  his  com- 
plaints, to  have  considered  it  a  wrong  to  his  na- 
tion,) then  the  great  hazard  which  gentlemen 
apprehend  from  sending  or  receiving  a  Mtniatei 


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8pttitM  AtneHcan  Prwinti^. 


March,  1818. 


iMtt  alret^  iMeo  ititwrred ;  ftad  ye^  after  the 
Itpse  of  two  years,  it  has  produced  do  hostility. 
Ai^itt :  The  remoostraoee  of  our  QorenitneQt 
against  ttie  blockade  of  Morillo,  was  founded  on 
i£e  prioeipU,  that  as  Bpaia  was  in  a  state  of 
eivii  war  with  her  eofonies,  and  as  Spanish 
America  was  really  ti^  the  hands  of  the  patriots, 
it  was  to  be  considered,  daring  the  existence  of 
the  war,  as  a  sorereign  Power.  For,  if  not  to 
be  eonaidered  as  sovereign,  then  they  were  to  be 
regarded  9A'depeiiAmU9  of  Spain ;  and  if  depend- 
ents^ then  we  have  no  right  to  trade  with  them 
wiiiiMt  her  permission,  whether  there  be  a  block- 
ade or  not.  The  Spanish  Kinf  was  not,  on  the 
avppesiilon  of  their  being  his  dependents,^  boand 
to  uii^6  a  sufioieot  force  to  blockade.  If  they 
arc  to  be  considered  in  no  other  light  than  his 
property,  be  may  Issne  a  paper  or&x  from  bis 
tNireaa,  forbidding  the  trade,  and  if  oar  ressels 
attempt  it,  they  are  liable  to  seizure  and  condem- 
nmlon.  But  ear  Government  have  very  prop- 
erly acted  tiDon  the  principle  which  I  am  now 
oontending  tbr.  They  consider  oar  merchants 
M  having  a  ^ight  to  trade  with  those  provinceR 
oC  Spain  w4ieh  have  the  power  dejacto.  They 
eoaeider  Spain  as  much  boand  to  establish  an 
effietent  bloekade,  as  she  would  be  ^f  engaged  i 

ttPOl 


'  wich  any  other  independent  sovereign  roir- 
mL  They  have  proteeied  against  McfriU^s  block- 
ades at  inefficient,  and  contrary  to  national  law ; 
and  they  have  demanded  compensation  for  six 
of  oor  merchant  ships  which  have  been  taken 
tiader  k.  Thay  have  thus  eneountered  already 
the  (greatest  dMncalty  of  recc^nition.  That  great- 
est dificalty  arises  one  of  the  question  of  trade. 
If  we  recognise,  our  merchants  will  trade.  If 
tkty  trade,  we  must  protect  them  against  Spain. 
But  this  dtffieulty  has  been  already  eneoantered 
in  the  remonstrance  against  the  blockade,  and 
oan  no  longer  be  estimated  in  considering  the 
qwestion  beiero  us. 

Sir,  when  I  refleet  upon  these  things^that  this 
Government  has  already,  in  so  many  ways, 
avowed  and  acted  open  its  right  to  consider  the 
Spaaisli  piovinoes,  during  the  civil  war,  as  sov- 
ereigB  States,  and  that  those  avowals  and  these 
Mtaliave  prodoeed  no  war—that  the  Spanish  Mia* 
later  has  afieeted  to  consider  the  taking  posses- 
aiaa  of  Amelia,  as  a  direct  and  flagrant  viola- 
tian  af  Ms  master's  territoty,  but,  instead  of  omk- 
iaig  hris  eo^,  remaias  here  in  his  diplomatic 
chafacier  with  the  most  pacific  reslgnatk>n— I 
mant  persuade  myself  that  his  King  will  go  to 
war  for  an  act,  which,  1  think  I  have  shown,  is 
fnttf  justified  by  the  laws  and  practice  of  nations. 

On  the  other  hand,  the  receiving  a  Minister 
from  the  provinoes  of  La  Plata  seems  to  me  to 
te  required  by  a  just  sense  of  our  dignity  and 
station  among  the  nations  of  the  earth,  so  soon 
as  the  Bzeeutive  shall  receive,  through  their 
aommissioners,  unquestionable  evidence  of  their 
independent  aituation.  It  will  be  required  by  an 
impartial  and  dignified  neutrality.  A  neutrality 
of  that  description  caniiot  be  said  to  be  main- 
uined  whUe  we  have  at  our  Government  a  Span- 
ish Ifiuister,  possessed  of  all  the  honors,  and  dig- 


nities, and  respect,  and  immunities  of  the  Minis- 
terial character;  and  while  the  agent  of  the 
republican  provinces  of  South  America  ts  not 
recognised  as  the  representative  of  a  sovereign 
Power,  but  resides  here  unnoticed,  in  the  hum- 
ble obscurity  of  a  private  individual.  Sir,  I  have 
before  said,  that  I  approved  the  omission  to  ac- 
knowledge him  heretofore,  because  it  was  in  its 
nature,  an  act  of  some  moment,  and  in  which 
there  should  be  something  of  correspondence  in 
the  views  of  the  different  departments  cf  the 
Govemthent.  But  I  would  pass  this  resoJutilMi. 
that  a  state  of  things  might  no  longer  exist, 
which  cannot  but  grate  upon  all  oor  feelings. 

Mr.  Chairman,  I  conceive  the  present  ques- 
tion to  be  of  infinite  importance.  Wtether  it 
was  desirable  that  this  amendment  should  haVa 
been  proposed  or  not,  the  rejection  of  it  now 
will  be  attended  with  the  most  important  and 
unfortunate  results.  It  will  sive  to  tbe  puUtC 
mind  an  impression  most  unfavorable  to  the  pa- 
triot cause,  which  gentleman  may,  at  a  future 
period,  in  vain  attempt  to  eradicate.  It  will  con- 
vey to  the  Biecutivaan  opinion  that  this  House 
is  arerse  to  the  establishment  of  a  regulsr  Inter* 
co<iPse,  by  Ministers,  with  these  struggling  na- 
tions. But,ahove  all,  it  will  couvey  to  them  an 
impression,  that  we  are  hostile  to  their  cause.  It 
maylead  to  acts  of  unfriendlinem  and  hostility, 
and  we  shall  probably  find  ourselves,  in  a  few 
years,  open  enemies  with  those  to  whom  w^ 
ought  to  be  as  friends. 

If,  on  the  contrary,  w«  adopt  the  proportion, 
we  command  nothing— we  leave  everylhhftg  to 
the  control  of  Bzeeutive  discretion  ;  but  we  in- 
timate in  a  Constitutional  way,  to  the  fizecutive 
braach  of  the  Goverament,  the  willingness  of 
the  Representative  body  that  a  friendly  inter- 
course should  be  established  with  tlie  nations 
who  are  struggling  for  their  independeflfce  against 
the  most  hateful  tyranny  of  the  work).  We  give 
an  assurance  to  the  unhappy  patriots  of  the  sym- 

Sithies  of  our  nation,  and  we  caltivate  in  our 
tates  that  generous  interest  in  the  eaute  of  the 
oppressed  which  it  is  not  less  to  the  interest  than 
it  IS  to  the  honor  of  a  Republic  to  olierish  with 
the  most  fostering  care. 

Mr.  H.  NaLaaif,  of  Virginia,  said  he  shouM 
not  have  addressed  the  Committee  on  this  occa- 
sion, if  the  argameau  hy  which  the  proposition 
before  the  House  were  supported  bad  been  t>f  that 
harmless  nature  which  the  gentleman  from  Ken* 
tucky  had  claimed  for  the  motion  itself.  But, 
said  Mr.  If.,  when  it  is  supported  with  an  earn- 
^estness  and  perseverance  its  avowed  object  de«B 
not  warrant ;  when  the  Committee  and  the  na- 
tiaa  are  told  that  they  who  advocate  the  propo- 
sition are  the  friends  of  freedom,  and  they  who 
oppose  it  are  its  enemies,  it  is  time  for  as,  every 
fibre  in  whose  hearts  beats  in  unison  with  the 
cause  of  liberty,  to  enter  into  the  discussion.  But, 
air,  when  I  see  more,  that  out  of  this  proposition 
is  to  grow  a  division  of  the  Republican  party; 
that  on  the  one  side  are  to  be  rallied  the  ezcni. 
sivo  firiends  of  liberty,  and  those  on  the  other  side 
are  to  hadeaouacaa  aa  inimical  to  it,  I  confess  i 


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1696 


KU«os,181d. 


/9iftmiih  AwutricttH 'J^f99inc9$* 


H.mR. 


m  Boc  wiUioff  that  tn j  political  entse,  or  ibat 
of  tke  frteods  with  whom  I  act,  should  be  sub- 
jected to  aueh  misrepreseatatioQ. 

The  {NTopoeitioB  is  to  make  an  approprtatioo 
to  defVaf  the  eipense  of  the  outfit  ajid  a  Tear's 
salary  of  a  Minister  to  Boeaos  Ayr#«  It  is  in 
phraseoloj^  a  stniple  propositioii,  itbteb,  on  its 
Bsere  i»ettaJ|  wo«u]  seem  to  inTolve  no  great 
priaelple,  to  draw  after  it  no  important  coose- 
<|aenee.  Yet,  how,  Mr.  N.  i»ked,  was  that  prop- 
Qiitioo  tapported?  Some  i^tlemen  say  thia 
measufe  is  in  eooformity  wtth  the  riews  of  the 
JEzeeatire,  and  they  wiH  vote  for  it  because  it  is 
SOL  Other  geatleaaen  advocate  it,  not  because  it 
is  in  aonCbrmity  with  the  rtews  of  the  Bxecu- 
tive,  hut  beeause  the  condaet  of  the  Executive, 
in  other  eaaes>  as  well  as  this,  has  not  been  eon- 
foraaaWe  wita  their  Tiews»  It  was  thus  seen 
that  the  ptoposilion  was  soppocted  on  diffi>reat 
and  directly  opposite  grounds.  My  honorable 
colleague,  said  he,  telb  us  of  Exeoutive  influ^ 
•oce;  that,  though  no  one  caa  des^he  it,  it  is 
felt  by  all.  Why  these  reflectioos  on  fixeeotife 
iodoeocnr?  Has  the  topic  been  iatrodueed  by 
those  who  ate  opposed  to  this  measure  7  No ; 
Ihey  have  <»OBteD(»d  that  it  in  not  the  prorince 
af  this  House,  ooless  in  extreoie  cases,  to  inter- 
fere with  a  diplomatic  question ;  to  which  it  is 
replied  that  it  is  act  aa  snterfefeaee,  but,  if  it  be 
so,  it  is  in  confermUy  with  the  riews  of  the  Bx- 
fcutive*  From  the  report  of  the  Secretary  of 
State.  Mceatif  laid  before  the  House,  it  wm  ob^ 
▼iously  to  be  iafetred  that  the  Executive  would 
have  treated  with  the  Minister  who  bad  presented 
himself  from  that  counciy,  if  he  had  deemed  it 
expedieat^ad  that  Minister  had  the  necessary 
powecs.  Would  the  views  of  the  Bxecuiive  be 
ahaoged  by  the  adoption  of  a  proposition  of  thia 
ton  f  No,  Mr.  N.  said ;  but  the  whole  course  of 
the  Executive  may  be  scrutinized  in  the  diseas- 
aion  of  U ;  aad  the  gentlemen  who  proposed  and 
supported  it,  demonatrated,  by  their  argumenu, 
their  belief  that  the  Exeautire  wanted  goading 
oa  the  eubject,  because  he  had  aot  reetived  a 
Minister  from  La  Plata.  From  what  source,  Mr, 
N.  asked,  have  we  the  isfiMmatioa  that  the  Gkv- 
•rnmeat  of  La  Plau  desirea  us  to  recognise  her  1 
Moasieur  Aguirre  ceold  produce  no  powers  au- 
thorizing him  to  treat ;  aay,  more,  jt  was  known 
tkat  Thooipsofi,  the  former  agent,  had  been  re« 
eoiUed  because  he  had  impertinently,  and  with- 
01^  authority,  demanded  lo  be  reccgaised  at  a 
Miauier.  Where,  then,  was  the  necessity  or 
eT«a  propriety,  oa  our  pari,  of  thus  gmiuitooaly 
atapjai^  forth  aed  foieiag  on  these  G&Terameau 
oar  /ecogoitioa  of  their  independence?  Would 
it  not  be  time  enough  to  do  ao^  when  thegr  had 
•howa  a  dispositiou  to  accept  our  aid  ?  Why 
ahouki  this  House  step  forward,  as  proposed, 
merely  to  appriaie  the  Ezecotife  that  it  does  pos' 
ataa  a  power  to  send  a  Minister  to  Buenos  Ay  res  t 
The  Presidsotand  Senate  bad  not  deemed  it  ex- 
pedieot  to  sead  a  Minister,^  and  ibis  House  was 
therefore  jiftked  to  take  upon  it  the  admioistra- 
tiou  of  the  Executive  powers.  The  object  of 
the  pi;oposiuoa  ceuid  not  be  veiled ;  it  wasphdui 


obfious,  palpable;  wtei  this  House  telfs  tiK 
Executive  it  appropriates  money  for  the  purpoae 
of  sendtag  a  Minister,  it  is  saying  to  the  Bxeeu- 
u've  we  think  it  your  duty  to  send  that  Minister. 
The  idea,  then,  could  not  be  sustained,  that  this 
was  merely  an  intimation  that, if  sneh  astep  was 
taken,  the  Legblature  would  sanction  it.  Could 
it  be  fairly  presumed  that  this  House  would  not 
have  appropriated  money  for  the  support  of  aubh 
an  embassy  f  If  the  nation  be  so  salioitous,  as 
centlemen  contend,  for  the  recognition  of  the  in- 
dependence of  the  South,  and  the  President  sim- 
ilarly disposed ;  if  there  be  but  oae  sentimeut 
throughout  the  eopntry  respeeting  the  subject, 
where  was  the  necessity  of  saying  in  adisanae  to 
the  PrcsideajL  we  will  support  you  in  the  eamv- 
cise  of  your  GoaBtttutiooal  powers  ?  There  betag 
no  auoh  occasion,  it  was  an  interference  with  tiM 
Executive  authorit^r ;  it  was  doing  that  wtoh 
is  not  usual,  aad  which  is  notconsisteat  with  tlie 
spirit  of  the  Constitutioo,  aotwithataadiag  the 
cases  of  petty  Indian  treaties,  dhc.,  which  geatle- 
menafiectcd  to  consider  as  precedent  i<i  poiwt. 
la  regard  to  this  great  uuestion  of  the  recogaitioii 
of  the  independence  of  a  nation,  haW  stood  pre- 
cedeat?  Whan  WAueiMaTOtf  saw  aauva  to  re- 
cognise the  ii^kpeodence  of  France,  did  he  wtii 
for  the  sanction  of  Congress  to  judge  whether  or 
not  ho  ought  to  receive  a  Miaister  from  that 
Government?  He  did  not.  la  everv  view  the 
course  proposed  waa  not  reconeileaWe  with  ilie 
usages  of  the  couatry ;  and  because  it  was  mtiL 
and  in  his  opinion  transcended  Ae Constifttttiaaat 
powers  of  Congress,  he  was  unwiilmg,  on  great 
pnneiples,  to  adopt  this  measure. 

Mr.  N.  said  he  had  remarked,  in  the  opening 
of  his  speech,  that  he  would  not  have  troubmi 
tite  House  on  this  occasion, -but  for  the  auggeatton 
that  the  opponeota  of  this  motion  were  not  the 
friends  of  freedom.  I  boast,  myeelf,  said  he,  as 
mnch  the  friend  of  freedom  as  any  man  creaiad. 
When  that  cause  ia  on  the  tapis,  1  am  aot  luka- 
warm.  If  by  my  fiat  liberty  could  be  gmatad  to 
aii  the  people  on  the  globe,  it  should  bedone,.And 
the  welkin  should  resound  with  their  criee  of 
joy.  I  am  not,  therefore,  a?  erse  to  thesueeeaaof 
the  advocates  of  Ireedom  in  South  America;  ao 
far  from  feeling  apathv  in  respect  to  it,  i  trust  ia 
Heaven  their  arms  wUI  be  successful ;  that  they 
will  achiere  aad  maiataia  their  iadepeadence. 

Mr.  N.  said  he  had  ejipecied,  when  the  Speaker 
introduced thia^eat  and  important  pfupaaitiott-*- 
for  each  the  genilemen  had  made  it,  by  ahouriag 
it  to.be  auch  ia  hiae<timatton,andiiaimpoMaaae 
waa  not  to  be  frittered  away  by  arguments  ^oiag 
to  oho  w  that  it  meant  nothing  more  than  a  mere 
declaration  of  assent  to  the  execution  of  a  Coo- 
rstitntional  power  by  the  President  of  the  United 
States— he  had  expected,  he  awd,  to  have  toird 
the  Speaker  examine  one  questton,  on  which  the 
expediency  of  adopting  his  proposition  wholly 
depended,  but  which  he  had  entirely  overlooked: 
what  good  would  result  to  the  people  of  South 
America  from  this  act?  Were  the  people  of 
South  America  competent  to  maintain  their  ia- 
depeadancea   I  UM  ia  aod» aaid  Mn  N^  they 


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HIST0B7  OF  C0|YaBB8(»< 


1800 


itorR: 


Sp€tnwh  itnutrican  Pfoptn^e^ 


Maich^I818. 


are.  If  they  are,  yoar  reeogaittoa  of  their  inde- 
pendence aibrds  them  no  benefit,  (f  they  are 
not  competent  to  maintain  it,  of  what  avail  will 
be  your  recognition  ?  Will  it  giro  strength  to 
the  arm  of  the  nerveless,  or  animate  the  sluggish  ? 
It  can  work  no  such  salutary  effect.  If  the  peo- 
ple of  South  America  are  incompetent  to  main- 
tain their  independence,  their  recognition  by  the 
United  States  will  not  confer  the  ability.  But. 
said  Mr.  N.,  will  you,  if  vou  recognise  this  na- 
tion, refuse  to  go  to  war,  it  necessary,  to  support 
that  recognition?  The  American  nation  will 
never  be  guilty  of  such  perfidy.  The  Speaker 
says  be  is  not  now  the  advocate  of  a  war  with 
Spain;  but.  I  cannot  believe,  sir,  that  when  we 
have  embaried  in  the  cause  of  the  patriots,  by 
sending  them  a  Minister,  if  we  find  them  sinking 
beneath  the,  weight  of  the  chains  of  oppression, 
that  the  Speaker  would  sit  quietly  in  his  place, 
and  see  that  liberty  which  he  says  they  have  for 
ten  years  enjoyed,  wrested  ^m  tl^em.  No,  sir  ; 
-if  we  take  one  step  which  has  the  e£fect  to  render 
«n  an  ally  of  the  Southern  countries  at  war  with 
'SpaiiL  we  cannot  stop  short  of  a  war  in  their 
behalf.  For,  though  I  love  peace,  and  believe 
that  we  can  never  gp  to  war  without  jeoparding 
-some  important  principle.  I  would  yet  hazard 
ifaat,Jiaving  advanced  so  far  as  is  now  proposed, 
rather  than  see  the  liberty  of  eighteen  millions 
of  people,  once  recognised,  destroyed  without  an 
effort  to  preserve  it.  The  affording  them  aid  by 
arms,  if  necessary,  will  be  the  unavoidable  con- 
seouence  of  taking  this  stepb 

if  we  give  no  strength  to  the  cause  of  the 
patriots  by  the  proposed  recog[nition ;  if  a  war 
with  Spain  is  not  to  follow  in  its  train,  where  is 
the  necessity  of  the  step?  ^dmit  that  it  be  not 
pregnant  with  the  evil  consequences  to  our  own 
country,  contended  for  by  some,  and  admitted 
by  others  to  be  possible  at  least,  where  is  the  ad- 
vanuiffe  or  propriety  of  legislating  without  any 
possiUe  prospect  of  doing  good  to  ourselves  or 
others? 

But  one  gentleman  has  said,  we  have  already 
recognised  the  independence  of  the  provinces  of 
La  Plata,  because  we  have  admitted  their  flas 
into  our  portK,.  and  because  we  have  reclaimed 
property  seized  uvder  the  blockade  of  their  ports 
by  Old  Spain.  If  this  aigument  prove  anything 
as  to  us^  what  does  it  prov«  as  to  Spain  her- 
self? If  we  have  reco^ised  the  independence 
of  the  provinces  by  reclaiming  property  captured 
under  the  illc^l  blockade  of  them  by  Spain, 
what  has  Spain  done  by  instituting  that  block- 
ade? As  fonff  as  the  provinces  belonged  to 
Spain,  she  had  a  rip^ht  to  restrain  their  com- 
merce by  law ;  but,  instead  of  so  doing,  she  has 
declared  a  blockade  of  their  ports,  and  it  was 
not  usual,  certainly,  for  a  nation  to  declare  a 
blockade  of  its  own  ports.  If,  therefore,  the  gen- 
tleman had  succeeded  in  proving  by  nis  argu- 
ment, that  we  have  dready  recognised  the  in- 
dependence of  La  Plata,  he  has  by  the  same 
trgnment  established,  what  is  much  more  im- 
porunt,  that  Spain  herself  has  recognised  their 
independence,  and  of  couiw  absolved  them  from 


their  allegiance.  I  think,  however,  my  coUeagoe 
failed  in  his  argument.  He  has  ndt  proved 
that  the  act  to  which  he  refers  is  a  recognition 
of  independence,  any  more  than  he  has  proved 
that  treating  with  a  private  agent  of  a  Qovera- 
ment,  is  equivalent  to  receiving  a  imblic  Minister. 
How  has  Mr.  Aguirre  been  received  ?  He  has 
sent  a  communication,  and  has  received  an  an- 
swer. And  Don  Pazos  too«-he,  finding  that  the 
Executive  would  not  treat  with  him,  comes  jto 
Congress  and  some  gentleman  advocated  his 
having  an  audience  here.  At  one  moment  tin 
President  is  charged  with  hostilitv  to  the  pn- 
triots  for  rejecting  Don  Pazos,  and  at  anotMr 
it  is  contended  that  the  merely  receiving  a  letter 
from  a  man  announcing  himself  as  a  foreim 
agent  is  a  recognition  of  the  independence  of  me 
country  which  he  professes  to  represent*  How 
are  we  to  decide  amidst  such  a  discord  of  argo- 
ments,  the  one  of  which  conflicts  the  other  ? 
The  truth  is,  that  neither  of  the  persons  refen^ 
to  has  been  recognised  in  any  other  than  his  in- 
dividual Capacity. 

But  what  is  more  afflicting,  said  Mn  N.,  io 
my  feelings,  is  the  charge  of  hostility  to  liberty. 
It  is  said^  that  we  are  afraid  of  Spain  1— What 
means  this  ?  Are  the  scenes  through  which  we 
have  recently  passed  already  to  be  aet  down  ns 
a  tale  of  the  times  of  old  ?  Is  the  stale  eharae 
of  foreign  influence  so  soon  to  be  disinterrea  ? 
A  few  short  years  ago,  one  party  in  our  country 
could  not  take  a  step  but  the  Emperor  of  France 
had  dictated  it,  whilst  for  all  its  acts  the  motives 
of  the  opposite  party  were  referred  to  attach- 
ment to  the  King  of  Great  Britain.  Shall  this 
species  of  conflict  be  now  revived  ?  Shall  we 
never  be  allowed  in  our  deliberations  to  consult 
American  interests  only  ?  Is  our  country  to  be 
forever  torn  into  parties  by  impuutlons  of  for- 
eign feelings?  I  have  no  objection,  sir,  to  a 
division  of  parties;,  if  sentlemen  see  proper — but 
let  us  hear  no  more  of  foreign  partialities,  or  of 
subservience  to  foreif^  power.  The  gentiemnn 
from  Louisiana  conjures  us  up  another  spectre, 
the  fear  of  Great  Britain— advances  to  the  field 
with  gallant  helm  and  hauberk,  and  fights  until 
he  beats  it  down.  The  gentieman  from  Massa- 
chusetts, in  a  different  way,  brings  forward  and 
defeats  another  spectre,  its  twin  brother,  if  not 
the  same.  Both  the  gentlemen,  the  one  in  armor 
dight,  the  other  in  the  buskin  ckd,  encounter  tke 
same  gol^n  with,  equal  reason  and  with  like 
success.  Sir,  I  would  not  rush  madly  into  war ; 
but  I  would  not  have  fear  pervade  the  public 
councils,  where,  it  is  said,  and  truly  saio,  that 
fear  betrays  like  treason.  We,  howeveri  are  afraid 
of  Great  Britain !  and  we  are  afraid  of  Bpain-^ 
and  we  are  the  foes  of  liberty  (  In  this  light  do 
gentlemen  exhibit  us  to  the  world,  whilst  they 
are  the  ezdusive  friends  to  liberty.  It  is  not  tm 
the  side  of  France  and  England,  then,  it  seems, 
as  in  old  times,  that  parties  are  now  to  be  array- 
ed ;  but  one  on  the  side  of  CHd  Spain,  and  the 
other  on  the  side  of  the  patriots.  Sir,  we  are 
either  afraid  of,  or  devoted  to  Spain.  Poor  en- 
ftebled  monarchy  I  If,  as  gentlemen  contend,  its 


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i^poHufr  American  Prafrincs$. 


H.opR. 


treasary  is  empty,  and  its  power  diminishing,  the 
iaflueoce   which  they  anect  to  deprecate  will 
not  last  long.    But  it  will  last  long  enoagh  to  do 
this — to  diTide  the  country  into  factions;  and 
we  who,  side  hy  side  with  the  advocates  of  this 
motion,  have  been  contending  against  domestic 
factions  and  foreign  enemies, are  to  be  denounced 
as  the  enemies  of  liberty,  and  they  to  be  held  up 
as  its  eiclusive  advocates,  thougn  I  deny  them 
their  title,  and  will  contest  with  them  the  right 
to  it.    The  President,  too,  is  to  be  on  our  side. 
Very  |food  compfny,  said  Mr.  N.,  and  1  have 
no  objectioa  to  it;  he  has,  no  doubt,  equally 
with  us  deserved  to  be  denounced  as  the  foe  of 
liberty.    Did  he  not  toil  with  us  in  the  late  con- 
test ?    Did  he  not,  at  the  age  of  eighteen,  long 
before  many  of  us  saw  the  light,  wield  the  sword 
in  his  country's  service  ?    And  has  not  every  act 
of  his  life,  at  home  and  abroad,  proved  him  the 
friend  of  liberty  and  free  government  ?    Why, 
then,  said  Mr.  N.,  are  he  and  we  to  be  denounced 
as  the  enemies  of  liberty  ?    I  do  regret  this  de- 
bate, because  I  view  it  as  the  epoch  of  a  division 
of  the  old  Republican  jwrty.    We  are  to  be  rent 
in  twain,  and  one  moiety  of  it  is  to  be  arrayed 
against  the  other.    Those  with  whom  1  act  are,  it 
appears,  to  contend  against  the  old  disgusting  tale 
of  foreign  influence.    Such  a  division,  as  he  an- 
ticipated, Mr.  N.  said,  was  an  evil  not  to  be  con- 
demned, but  which  every  one  belonsiog  to  the 
party  must  feel  and  deprecate.  It  would  be  to  each 
one  arrayed  in  the  opposing  ranks,  a  conflict 
a^inst  a  brother,  against  an  approved  and  tried 
friend.     In  a  cause  where  the  best  interests  of 
the  country  were  in  jeopardy,  said  Mr.  N.,  we 
have  been  tried  together  against  the  strongest 
foe.    Yes;  the  brothers  and  friends,  who  have 
thus  fought'  side  by  side,  are  to  be  now  divided; 
for  what?  Do  we  essentiallv  difier  in  our  avow- 
ed objects?    Not  at  all.    Are  we,  who  cannot 
assent  to  this  motion,  opposed  to  the  independ- 
ence of  La  Plata?    Are  we  unwilling  that  the 
people  of  South  America  should  shake  off  the 
yoke  of  Spain  ?    No,  we  are  not.    But  this  feel- 
ing which  comes  from  abroad  to  divide  us,  is,  for 
reasons  not  to  be  penetrated,  to  destroy  that  har- 
mony of  which  we  had  so  fair  a  prospect. 

Mr.  N.  said  that  he  had  already  stated  that,  if 
the  provinces  of  La  PUta  were  competent  to 
maintain  their  independence,  this  Government 
could  give  them  no  aid  of  any  importance  to 
them;  which  aid,  therefore,  those  provinces  did 
not  want.  Could  not  those  provinces,  he  asked, 
effect  their  independence  without  the  interference 
of  the  United  States?  Gentlemen  had  informed 
the  House  that  the  population  of  the  provinces 
was  lar^^er  than  our  own  at  the  present  day.  The 
peculation  of  those  provinces,  too,  gentlemen  had 
told  the  House,  was  i^reater  than  that  of  the 
mother  country.  And  if  Spain  is  not  competent 
to  protect  the  skirt  of  territory  she  holds  adjoin- 
mg  our  southern  boundary,  nor  to  suppress  the 
opposition  to  her  authority  which  has  for  seven 
years  existed  in  the  South ;  if  she  be  thus  crip- 
pled, what  difficulty  can  there  be  in  maintaiaiog 
the  independence  of  the  provinces,  those  of  La 
15th  Con.  Ist  Ssss.— 61 


Plata  for  instance,  which  have  not  a  single 
European  soldier  to  contend  with.  Where  is  Ste 
necessity  of  our  volunteering,  without  reason  and 
without  motive,  to  perform  an  act  which  may, 
by  possibility,  terminate  in  war  with  some  foreign 
Power?  Certainly  it  cannot  be  shown.  And 
what  is  the  particular  act  it  is  proposed  that  we 
should  do  ?  Send  a  Minister  to  the  Provinces  of 
La  Plata,  it  is  said.  Have  they,  asked  Mr.  N., 
invited  you  to  send  a  Minister  to  them?  Have 
they  sent  one  of  their  own  ?  So  far  from  it,  have 
they  not  punished  one  of  their  agents  who  asked 
to  be  received  as  a  Minister?  Why,  then,  this 
precipitancy  ? 

But,  it  had  been  said,  that  the  President,  though 
not  at  this  moment  disposed  formally  to  recos- 
nise  the  independence  of  these  provinces,  mi^t 
change  that  disposition,  and  be  willing,  during 
the  recess,  to  send  a  Minister  to  Buenos  Ayres* 
Suppose  that  the  fact  should  occur;  that  the 
President^  by  the  advice  of  his  Cabinet,  should 
change  his  dfisposition,  on  receiving  information, 
from  our  Commissioners,  such  as  would  justify 
it.  The  disposition  to  receive  their  Minister  and 
return  the  compliment,  may  be  made  known  to 
the  aj^nt  here,  and  even  the  Minister  might  be 
appointed  and  sent  without  the  interventton  of 
Congress. 

Suppose  we  adopt  this  proposition,  send  a 
Minister  to  the  provinces  of  La  Plata,  and  make 
a  treaty  of  commerce  with  them.  Spain,  whose 
right  of  blockade,  with  an  efficient  force,  has  not 
been  denied,  blockades  the  poets  of  the  provinces, 
over  which  she  still  claims  sovereignty,  and  cap- 
tures our  vessels.  Will  the  Speaker,  then,  con- 
sent to  wait  a  little  longer  for  the  settlement  of 
our  difierences  with  Spam  ?  No :  he  would  feel 
more  indis^nation  than  he  manifested  on  the  oc- 
casion of  uie  reply  of  the  late  Secretary  of  State 
to  the  Minister  of  Spain.  If  you  attempt  to  enter 
those  pdrts  by  a  resistance  of  the  blockade,  to 
war  you  must  go :  you  can  no  longer  negotiate, 
but  must  sustain  your  righu  by  force  of  arms. 
If  you  negotiate  a  treaty  of  commerce  with  those 
Powers,  and  Spain  dares  to  interrupt  your  exer- 
cise of  the  rights  established  by  that  treaty,  you 
must  support,  by  w;ir,  the  position  you  have 
taken. 

However  huinble  may  be  the  importance  of 
this  proposition  in  an  abstract  view,  the  adoption 
of  it  must  necessarily  terminate  in  a  war  with 
Spain.  Like  the  honorable  gentleman  from  South 
Carolina,  I  too,  said  Mr.  N.,  am  indisposed  to  cal- 
culate on  the  imbecility  of  a  nation,  as  inferred 
from  the  mismanagement  of  its  resources.  Be- 
sides, sir,  how  does  it  comport  with  the  magna- 
nimity which  becomes  the  advocates  of  liberty, 
to  do  an  act,  which  they  would  not  otherwise  do. 
because  Spain  is  not  in  a  condition  to  resent  it? 
Will  we  trample,  still  lower  in  the  dust,  the 
Power  which,  by  accident,  is  reduced  so  low? 
Such  a  policy  does  not  comport  with  that  mag- 
nanimity which  has  distinguished  the  councils  of 
this  nation,  from  the  commencement  of  this  Gov- 
ernment to  the  present  day.  What,  sir,  was  the 
charge  advanced  against  us  when  we  made  war 


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iS^RMiM  Jkn&tkfOi^  ^rMtaoMr. 


BnMBi  1918  • 


wkk  BaglMid  7  That  we  took  adrtnCage  of  her 
akoatioD,  presacd  by  Fniiiee  and  surrounded  by 
gavmies.  And  how  iodignaatly  did  we  rebut  the 
eharge!  The  Speaker,  among  others,  repelled 
and  spurned  the  charge  thus  made  by  the  foes  of 
the  GoTemment.  Abstraeted  from  the  consider^ 
•lion  4bat  we  may  be  mistaken  in  our  calculation 
•n  ih»  poverty  of  the  resources  of  Spain,  and 
tbtt  she  may  rise  to  an  eminence  which  we  do 
ttot  foresee,  1  will  not,  because  the  Spanbh  Q6r- 
enment  is  depressed,  because  her  treasury  is  ex- 
liMMfted.'do  an  act  which  I  would  not  do  to  her 
in  a  dilrereiit  sttuadouj  or  to  any  Power  on  earth. 
Spain  has  giren  us  just  cause  for  war;  but,  if 
tmA  is  to  be  our  jpolicjr,  let  us  go  directly  to  our 
object)  and  take  Florida  and  Cuba. 

Although,  said  Mr.  N.,  as  I  have  suggested,  the 
most  injurious  consequences  might  flow  from  the 

aption  of  the  proposition  before  the  House, 
er  the  riews  which  I  hare  taken  of  it,  I  would 
yet  hesiiate  in  the  rejection  of  it,  if  there  was 
even  a  remote  probability  of  ito  producing  good 
oolieequences.  But  I  believe  it  will  have  no  such 
dSbet ;  that  it  will  not  stren^faen  the  hands  of 
file  colonies  to  do  any  act  which  they  are  not  al- 
readr  capable  of  performing.  Nor  can  it  produce 
any  oeneficial  change  in  the  commercial  relations 
between  us  and  them.  Have  we  not  already  a 
ftee  commerce  with  them  ?  They  want  not  men ; 
for  they  have  even  more  than  we.  They  want 
munitions  and  implements  of  war.  Have  they 
not,  for  this  purpose,  ample  access  to  our  markets ; 
and  is  not  tneir  flag  protected  within  our  ports  1 
They  already  enjoy  a  free  commerce  with  us  in 
alt  the  articles  important  to  them;  and  they 
would  not  have  any  more  if  they  had  a  Minister 
resilent  here.  Will  gentlemen  condescend  to  sub- 
stitute plain  fact  for  lofty  declamation,  and  show 
me  what  practical  advantages  are  to  accrue  to 
either  party,  from  the  intercnange  of  Ministers? 
This  is  the  true  question  at  issue:  and,  although 
we  have  been  delighted,  amused,  and  instructed, 
by  the  eloquence,  the  enthusiam,  and  the  histori- 
cal and  commercial  facts  of  the  mover  of  the  pro* 
DOsition  before  us;  yet,  after  all,  the  honorable 
Speaker  did  not,  in  his  whole  argument,  touch 
the  point  on  which  this  question  turns.  If  any 
mat  advantage  were  to  result  to  the  indepen- 
denu  from  the  adoption  of  the  motion,  I  should 
be  brought  to  pause  in  my  determination.  I  put 
self  out  of  the  question ;  I  will  not  examine  the 
advantages  which  would  result  to  this  country 
fretti  an  intercourse  with  the  provinces^neither, 
if  we  enjoy  more  advantages  from  that  commerce 
now  than  if  they  were  recognised,  that  argument 
would  not  affect  my  vote — I  will  not  examine 
the  question  as  connected  with  our  commercial 
interests;  but  I  wish  gentlemen  who  advocate 
this  proposition  to  show  us  what  advantages  are 
to  result  to  the  provinces  from  a  similar  recogni- 
tion, in  form,  of  their  independence.  This  very 
day  has  information  been  received,  which  will 
destroy  much  of  our  hopes,  and  many  of  the  ar- 
guments in  favor  of  this  proposition.  It  was  but 
the  other  day  Pueyrredon  was  put  down,  and 
some  other  one  put  up  in  his  place;  and  not  a 


gentleman  here  can  tell  us  what  is  the  actual 
condition  of  these  provinces.  Those  who  were 
free  yesterday  may  be  subjugated  to-day,  and  fVeed 
again  to-morrow.  The  Government  has  sent  our 
Commissioners  expresdychaiged  to  ascertain  the 
state  of  the  country.  Why,  then,  this  haste  to 
anticipate  a  deliberate  decision  by  the  Constitu- 
tional organ  of  intercounewith  foreign  Powers! 
Before  the  next  meeting  of  Congress,  the  actual 
state  of  things  will  be  Fatisfattorily  aseertaiocd, 
and  the  President  will  be  envied,  without  our 
meddling  or  interference,  to  send  a  Minister  ot 
receive  one,  if  he  shall  find  it  expedient.  But 
perhaps  the  Speaker  will  equally  object  to  that 
delay,  as  he  has  done  to  waiting^a  little  longer  for 
a  settlement  with  Spain.  I  am  fbr  refVaining,  in 
both  cases  until  we  can  act  in  a  manner  conilst- 
eat  with  the  public  interest,  and  with  our  politi- 
cal duties  and  obligations. 

In  fine,  Mr.  N.  said,  although  he  was  disposed 
to  do  everything  which  would  promote  the  cause 
of  liberty,  whether  in  the  frozen  regions  of  the 
North,  or  under  the  scorching  influence  of  a  tropi- 
cal son,  he  was  at  present  m  fkvor  of  standing 
still,  in  the  {>osition  we  now  occuny,  and  patiently 
waiting  until  we  know  the  actun  situation  of  ihee 
country  proposed  to  be  visited  by  a  Minister  ftom 
us ;  he  was  in  favor  of  Waiting,  lintil  the  Presi- 
dent acts  in  such  a  manner  as  to  make  it  neces- 
sary for  this  House  to  goad  him  on  in  the  peiibr- 
mance  of  his  duty. 

When  Mr.  N.  had  concluded,  the  Committee 
rose,  and  had  leave  to  sit  again. 

Satubuay,  March  28. 

The  Speaker  laid  before  the  House  a  letter 
fromRichard  Bland  Lee, Commissioner  oTClaima. 
transmitting  reports  of  the  facts  in  the  cases  of 
Jacob  B.  Ghlberr,  and  Asa  Fuller,  of  the  State  of 
New  York,  with  the  evidence  accom{)anyiog 
each ;  which  was  referred  to  the  Committee  of 
Claims. 

On  motion  of  Mr.  Rhea,  the  Message  of  the 
President  of  the  Uoiied  States,  of  the  18th  o£ 
January,  1816,  recommending  the  confirmation 
of  certain  grants  or  reservations  of  land,  made  by 
the  friendly  Creek  Indians,  to  Major  Qeaeral 
Jackson,  Benjamin  Hawkins,  and  others^  were 
referred  to  the  Committee  on  Private  Land 
Claims. 

Mr.  Rhea,  from  the  Committee  on  Peaaions 
and  Revolutionarf  Claims,  reported  a  bill  making 
provision  for  the  claim  of  M.  roirey,as  Seoretnrfr 
and  Aid-de-Camp  to  Major  General  La  Fayette ; 
which  was  read  twice,  and  committed  to  a  Com* 
mittee  of  the  Whole. 

A  message  from  the  Senate  informed  the  Home 
that  the  Senate  have  passed  bills  of  the  following 
titles,  to  wit :  An  act  for  the  relief  of  Micbnd 
Hogan;  An  act  for  the  relief  of  John  G.  Bogert ; 
and,  An  act  to  increase  the  salaries  of  certain  offi- 
cers of  Government;  in  which  they  ask  the  con- 
currence of  this  Huuse. 

The  said  bills  were,  severally,  read  twice,  nod 
the  two  former  referred  to  the  Committee  of 


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P/HtlMiiU 


U.%¥tL^ 


€kt«w,  n4  the  litter  to  ifaeCcoBnicieeot  Ways 
ami  M6MIB. 

An  engtattmd  ^  RMohiiioD  iiretftttt^  the  priai- 
iDf  and  distrihitioo  of  the  act  to  proride  for  the 
sivTiTiBi^  ofieen  aod  soldiers  of  the  Rerototfoii- 
ary  annjr,''  wis  road  tho  third  tinoj  aid  passed* 

Am  Oftfroned  biE,  entitled  **Ai  act  eoDOorntie 
cba  Tenritorf  of  Alabama,'*  mm  road  the  third 
cimt,  and  passed* 

8PA10SH  AMEBK2AN  PS0V1NCB8. 


The  fioMe  again  Msohred  iisetf  ittto  a  Com- 
mittee of  tha  Whole  ob  the  geverai  appropriation 
hill,  Mr.  OiAfa  attieidtteiit,  going  to  nahe  an 
appopdation  for  the  oatfit  and  yearns  saiatf  of  a 
Minister  to  Baenos  Ayres,  stfti  pendiof. 

Mr.  Clay  said  that  as  no  other  gentleman  ap- 
peared 4ispoeed  lo  address  tbeC^air,  he  would 
avai  htoMetf  of  this  opportunity  of  making  some 
aewarks  ia  re^y  to  the  opponents  of  his  motion. 

The  first  obrfeMion  whien  he  thought  it  incnm- 
bent'on  him  to  notice  was  that  (^  his  friend  from 
Sooth  Carolina,  (Mr.  LownDia,)  who  opposed 
the  form  of  the  proposition,  as  being  made  on  a 
general  appropriation  bftl;  on  which  he  appeared 
» think  noihinjg  ought  to  be  ingrafted  which  was 
lihe^to  give  rise  to  a  diilbrenee  between  the  two 
biaBchea  of  the  Legislature.  If  the  gentleman 
himself  had  always  aeted  on  this  principle,  his 
objeetion  would  be  entitled  to  more  weight ;  but, 
Mr.  C.  said,  the  item  in  the  appropriation  bill 
aestt  Mloving  this,  aod  reported  by  the  gentle- 
man hiauelf,  was  infinitely  more  objectionable — 
whkh  was  an  apptopriatioa  of  thirty  thousand 
dottaes  for  defraying  the  expenses  of  three  Com- 
missloaers,  appoiatod,  or  proposed  to  be  paid,  in 
mm  oaeonsu'tational  form.  It  co^d  not  be  ex- 
pected that  a  general  appropriation  bill  would 
tfftr  pass  without  some  dtspotable  clauses ;  and 
in  ease  of  a  dtf^nmnoe  between  the  two  Houses, 

el  diifceeaoe  which  we  had  no  right  to  anticipate 
this  insmnee,)  whieh  coild  not  be  compro- 
mised as  to  any  article,  the  obrious  course  was 
toomU  each  artiefte  altcttether,  reuining  all  the 
«thets;  aid,  in  a  ease  of  that  character,  relative 
tothe  breret  pay,  which  had  occurred  during  the 
pieaant  session,  sueh  had  been  the  ground  the 
geattaamn  -himself  had  uken  in  a  eonforenee  with 
2ie  Seaate,  of  whieh  he  was  a  manager. 

The  geatleaun  from  South  Oardioa,  Mr.  C. 
saM)  had  profoMed  to  eooour  with  him  in  a  great 
aaaay  eChis  general  propositions;  and  neither 
he  aer  any  other  gentleman  had  disagreed  with 
kia,  that  the  mera  recognition  of  the  independ- 
etwe  of  the  provinces  was  no  cause  of  war  with 
Spain;  exeent  the  gentleman  from  Maryland, 
(Mr.  SMira,)  to  whom  he  recommended,  with- 
oaK  intending  disrespect  to  him,  to  confine  him- 
aetf  to  the  operations  of  oommerce.  rather  than 
Qftdertake  to  eaqiound  questions  of  public  law; 
for  he  eould  assure  the  gentleman  that,  although 
he  might  make  some  figure  with  his  practical 
kaowmffe,  in  the  one  case,  he  would  not,  in  the 
ether.  No  man,  Mr.  C.  said,  except  the  gentle- 
man from  Maryland,  had  come  out  with  what  he 
w<euld  caU  the  hnrdihood  to  contend  that,  on  the 


gfovad  of  principle  and  mere  puMie  law,  the  en* 
ertioa  of  the  right  of  recognising  another  Power 
is  cause  of  war.  Bat,  said  Mr.  C,  thooth  the 
geotlemaa  from  Soudi  Cardioa  admitted  that 
the  recognicioa  would  be  no  cause  ef  war,  and 
that  It  was  not  likely  to  lead  to  a  war  with  Bpaia, 
we  found  him  shortly  after,  getting  into  a  war 
with  Spain,  how.  I  did  not  see,  and  by  soma 
means,  whieh  he  aid  not  Aeign  to  dieeover  to  US| 
getting  us  into  a  war  with  Ba ^^d  also.  Rav- 
ing satisfied  himself,  by  this  course  of  reaaonlag, 
the  geaflemaa  had  discovered  that  the  ftaaaeea 
of  Spain  were  in  a  most  favorable  condition  1  On 
this  pnt  of  the  subject,  Mr.  C.  saicL  it  was  net 
necessary  for  him  to  say  anything  Mter  what  tlm 
Committee  had  heard  from  the  etoqueni  gentle- 
man from  Massaehasetts,  (Mr.  HoLMva^  whoee 
voice,  in  a  period  infinitely  more  crhicm  in  onr 
aflairs  than  the  present,  had  beea  heard  within 
much  ddight  from  the  Bast,  in  support  of  t!ia 
rights  nnd  honor  of  the  country.  He  had  clearly 
sl^wn  that  there  was  no  parallel  between  the 
state  of  Spain  and  of  this  country ;  the  one,  of  a 
couatry  whose  resources  wera  com{detely  impov- 
erished and  exhausted ;  the  other,  of  a  country 
whose  resources  wera  almost  untouched.  But| 
Mr.  C.  said,  he  would  ask  of  the  gentleman  from 
South  Caroiioa,  if  he  could  conceive  that  m  State, 
in  the  condition  of  Spain,  whose  Minister  of  the 
Treasury  admits  that  the  people  have  no  longer 
the  means  of  paying  new  taxes ;  a  nation  with 
an  immense  mass  «?  fioating  debt,  and  totally 
without  credit,  could  feel  any  anxiety  to  engage 
in  war  with  a  nation  like  this,  whose  situntion 
was,  in  every  possible  view,  directly  the  reverse? 
He  asked,  if  an  annual  revenue,  equal  only  tolve- 
eighths  of  the  annual  expenditure,  exhibited  a 
fioanoial  ability  to  enter  upon  a  new  war,  when, 
too,  the  situation  of  Spain  was  altogether  imlike 
that  of  the  United  States  and  Bngland,  whose 
credit,  resting  upon  a  solid  basis,  eaahled  them  to 
supply,  by  mns,  any  deficit  in  the  income? 

Norwithstanding  the  diversity  of  sentiment 
which  had  beea  displayed  during  the  debate,  Mr. 
C.  was  happy  to  find  that,  with  one  exceptioii| 
every  member  had  done  justice  to  the  etruggle  in 
the  South,  and  admitted  it  to  be  entitled  to  the 
fovor  of  the  best  feelings  of  the  human  heart* 
Bven  my  honorable  friend  near  m^  (Mr.  Nbl- 
aON,)  has  made  a  speech  oa  our  side,  and  we 
should  not  have  found  out,  if  he  had  not  told  tt^ 
that  he  would  rote  against  us.  Although  hta 
speech  has  been  distinguished  by  his  accustomed 
etoquence,  I  should  be  glad,  Mr.  C.  said,  to  agtee 
on  a  cartel  with  the  gentlemen  on  the  other  side 
of  the  House,  to  giro  them  his  speech  for  hia 
vote.  The  gentleman  says  his  heart  is  with  us, 
that  he  ardently  desires  the  inde|i«endence  of  the 
South.  Will  he  excuse  me  for  telling  him  that, 
if  he  will  give  himself  up  to  the  honest  feelinfls 
of  his  heart,  he  will  have  a  much  surer  guide 
than  by  trusting  to  his  head,  to  which,  however, 
I  am  far  from  offering  any  disparagement  f 

But,  sir,  it  seems  that  a  division  of  the  Repub- 
lican party  is  about  to  be  made  by  the  proposi- 
tion onder  consideration.    Who  is  to  ftimish,  in 


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tliit  respect,  the  correct  criterion — whose  conduct 
is  to  be  the  sundard  of  orthodoiy  1  What  has 
been  the  great  principle  of  the  part)r  to  which  the 
gentleman  from  Virginia  refers,  from  the  first 
existence  of  the  GoTernment  to  the  present  day  ? 
An  attachment  to  liberty ;  a  devotion  to  the  great 
cause  of  hnmanity — of  freedom — of  self-govern* 
aent — and  of  equal  rights.  If  there  is  to  be  a 
division,  (as  the  gentleman  says^ — if  he  is  going 
to  leave  us,  who  are  following  tne  old  track— he 
may  in  his  new  connexions  find  a  greater  variety 
of  company,  which  perhaps  may  indemnify  him 
for  the  loss  of  his  old  friends.  What  is  the  great 
principle  that  has  distinguished  parties  in  ail 
ages  and  under  all  Governments — Democrats  and 
Federalists,  Whigs  and  Tories,  Plebeians  and 
Patricians?  The  one,  distrustful  of  human  na- 
ture, appreciates  less  the  influence  of  reason  and 
of  good  dispositions,  and  appeals  more  to  physi- 
cal force;  the  other  party,  confiding  in  human 
nature,  relies  much  upon  moral  power, and  ap|>lies 
to  force  as  an  auxiliarv  onljr  to  the  operations 
of  reason.  All  the  modifications  and  denomina- 
tions of  political  parties  and  sects  may  be  traced 
to  this  fundamental  distinction.  It  is  that  which 
separated  the  two  >great  parties  in  this  country. 
If  there  is  to  be  a  division  in  the  Republican 
party,  I  glory  that  I,  at  least,  am  found  among 
those  who  are  anxious  for  the  advancement  of 
human  rights  and  of  human  liberty.  And  the 
honorable  gentleman  who  spoke  of  appealing  to 
the  public  sentiment,  will  find  when  he  does  so, 
(or  I  am  much  mistaken,)  that  public  sentiment 
IS  also  on  the  aide  of  public  liberty  and  of  human 
happiness. 

But,  the  gentleman  from  South  Carolina  has 
told  us,  continued  Mr.  C,  that  the  Constitution 
has  wisely  confided  to  the  Exeoutire  branch  of 
the  Government  the  administration  of  the  foreign 
concerns  of  the  country.  Has  the  honorable 
gentleman  attempted  to  show,  (though  his  prop- 
osition be  generally  true,  and  will  never  be  con- 
troverted by  me,)  that  we  abo  have  not  our  par- 
ticipation in  the  administration  of  the  foreign 
interests  of  the  country,  when  we  are  called  upon, 
in  our  legislative  capacity,  to  defray  the  expenses 
of  foreign  missions,  or  to  regulate  commerce  ? 
Mr.  C.  said  he  had  stated,  when  up  before,  (and 
.  he  had  listened  in  vain  for  an  answer  to  the  argu- 
ment.) that  no  part  of  the  Constitution  had  said 
whicn  should  have  precedence — the  act  making 
an  appropriation  for  paving  a  Minister,  or  the 
act  or  sending  one.  He  had  then  contended,  and 
now  repeated,  that  either  the  acts  of  deputing 
andof  payinff  a  Minister  should  be  simultaneous, 
or  (if  either  had  preference)  the  act  of  appropri- 
ating for  his  pay  should  precede  the  sending  of 
a  Minister.  He  challenged  gentlemen  to  show 
him  anything  in  the  Constitution  which  direct- 
ed that  a  Minister  should  be  sent  before  his  pay- 
ment was  provided  for.  He  repeated  what  he 
had  said  the  other  day,  that  by  sending  a  Minister 
abroad  during  the  recess,  to  nations  between 
whom  and  us  no  such  relations  existed  as  to  jus- 
tify incurrinff  the  expense,  the  legislative  opinion 
was  forestalled  or  unduly  biassed.    He  appealed 


to  the  practice  of  the  Government,  and  re£Brreil 
to  various  acts  of  Congress,  for  cases  of  appropri- 
ations without  the  previous  deputation  of  the 
asent  abroad,  and  without  the  preliminary  of  a 
Message  from  the  President  asking  for  them. 
Mr.  C.  here  quoted  the  act  authorizing  the  estab- 
lishment of  certain  consulates  in  the  Mediterra- 
nean, and  affixing  salaries  thereto,  in  conBequence 
of  which  the  President  had  subsequently  ap- 
pointed Consuls,  who  had  been  receiving  their 
salaries  to  this  day.  Other  acts  he  quoted,  of  a 
similar  character,  from  which  it  appeared,  he  said, 
that  Congress  had  constantly  pursued  the  great 
principle  of  the  theorjr  of  the  Constitution,  for 
which  he  now  contended ;  that  each  department 
of  the  Government  must  act  within  iu  own 
sphere,  independently,  and  on  its  own  responsi- 
bility. It  was  a  little  extraordinary,  indeed,  after 
the  doctrine  which  had  been  maintained  the 
other  day,  of  a  sweeping  right  in  Congress  to  ap- 

Kropriate  monev  to  any  object,  that  it  should  now 
e  contended  that  Congress  had  no  right  to  ap- 
propriate money  to  a  particular  object.  The  geo- 
tleman's  (Mr.  Lowndes)  doctrine  was  broad — 
every  case — but,  when  proposed 


to  be  exemplified  in  any  specific  case,  it  did  not 
apply.  Mr.  C.  said,  his  theory  of  the  Constiia- 
tion  on  this  particular  subject,  was,  that  Congrtas 
had  the  right  of  appropriating  money  for  foreign 
missions — the  President  the  power  to  use  it. 
The  President  having  the  power,  he  was  willing 
to  say  to  him.  Here  is  the  money  (which  we  alone 
have  a  right  to  appropriate)  which  will  enable 
you  to  carry  your  power  into  effect,  if  it  seems 
expedient  to  you.  Both  being  before  him— the 
power  and  the  means  of  executing  it,  the  Presi- 
dent would  judge,  on  his  own  responsibilit]r,  who* 
tber  or  not  it  was  expedient  to  exercise  it.  In 
this  course,  Mr.  C.  said,  each  department  of  the 
Government  would  act  independently,  withoa^ 
infiuence  from,  and  without  interference  with, 
each  other.  He  had  quoted  cases  from  the  stat- 
ute book  to  show,  that  in  instances  where  no  for^ 
eign  agent  had  been  appointed,  but  only  a  pos- 
sibility of  their  being  appointed,  appropriations 
had  been  made  for  paying  them.  He  proceeded 
to  show,  that,  even  m  case  of  the  subject-matter 
of  a  negotiation— a  right  much  more  important 
than  that  of  sending  an  agent — an  appropriaiion  . 
of  money  had  preceded  the  n^tiation  of  a  treaty* 
Thus,  in  the  third  volume  of  the  new  edition  of 
the  laws,  page  27,  he  quoted  a  case  of  an  appre- 
priation  of  twenty-five  thousand  eight  hundred 
and  eighty  dollars  to  defray  the  expense  of  soeh 
treaties  as  the  President  of  the  United  States 
might  deem  proper  to  make  with  certain  Indian 
tribes.  An  act,  which  had  been  lately  referred 
to,  appropriating  two  millions  for  the  purchase 
of  the  FiorJdas,  was  a  case  still  more  strongly  in 
point,  as  contemplating  a  treaty,  not  with  a  sav- 
age, but  a  civilized  Power,  hi  this  case  there 
might  have  been  (though  he  believed  there  was 
not)  an  Executive  Message,  recommending  the 
appropriation )  but  he  took  upon  himself  to  as- 
sert, that  in  almost  all  the  cases  he  had  quoted^ 
there  was  no  previous  Executive  intinution  that 


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die  appropriadon  of  the  mooor  was  necessary  to 
tbe  objeot.    Bat  Congress  had  taken  up  the  sub- 
jects, and  anthorized  these  appropriations,  with- 
out any  offidal  call  from  the  Exeentire  to  do  so. 
With  regard  to  the  general  condition  of  the 
prorinces  now  in  revolt  against  the  parent  coun* 
try,  Mr.  C.  proceeded  to  say^e  would  not  take 
up  much  of  the  time  of  the  House.    Qentlemen 
were,  howerer.  much  mistaken  as  to  many  of  the 
points  of  their  nistory.  geography,  commerce,  and 
prodoee,  which  had  been  touched  upon.    Gen- 
tlemen had  supposed  there  would  be  from  those 
countries  a  considerable  competition  of  the  same 
prodoets  which  we  export.    Mr.  C.  rentured  to 
say,  that,  in  Te|;ard  to  Mexico,  there  could  be  no 
such  competition ;  that  the  table  lands  were  at 
such  a  distance  from  the  seashore,  and  the  diffi- 
culty of  reaching  it  was  so  great  as  to  make  the 
transportation  to  La  Vera  Cruz  too  expensive  to 
be  borne,  and  the  heat  so  intense  as  to  destroy  the 
breadsto£&  as  soon  as  they  arrire.    With  respect 
to  New  Grenada,  the  gentleman  from  Maryland 
was  entirely  mistaken.    It  was  the  elevation  of 
Mexico,  principally,  which  enabled  it  to  produce 
breadstuns ;  but  New  Ghrenada,  lying  nearly  un- 
der the  line^  could  not  produce  them.    The  pro- 
ductions of  New  Grenada  for  exportation  were 
the  precious  metals,  (of  which,  of  gold  particu- 
larly, a  greater  portion  was  to  be  found  than  in 
any  of  the  provinces  except  Mexico,)  sugar,  cof- 
fee, cocoa,  and  some  other  articles  of  a  similar 
character.    Of  Venezuela  the  principal  produc- 
tions were  coffee,  cocoa,  indif^o,  and  some  sugar. 
Sugar  was  also  produced  m  all  the  Guianas. 
French,  Spanish,  and  Dutch.    The  interior  or 
the  provinces  of  La  Plata  might  be  productive  of 
breadsm^  but  they  were  too  remote  to  come 
into  competition  with  us  in  the  West  India  mar- 
ket, the  voyages  to  the  United  States  generally 
occupying  horn  fifty  to  sixty  davs,  and  sometimes 
as  long  as  ninety  days.    By  deauctin^  from  that 
number  the  averaffe  passage  from  the  United 
States  to  the  West  Indies,  the  length  of  the  usual 
passage  between  Buenos  Ayres  and  the  West 
Indies  would  be  found,  and  would  show  that,  in 
the  supply  of  the  West  India  market  with  bread- 
atufis,  the  provinces  could  never  come  seriously 
into  competition  with  us.    And,  with  regard  to 
C^iili,  productive  as  it  might  be,  did  the  gentle- 
man from  Maryland  suppose  that  vessels  were 
goin^  to  double  Cape  Horn,  and  come  into  com- 
petiuon  with  us  in  the  West  Indies  1    It  was  im- 
poadble.    But,  Mr.  C.  said,  he  felt  a  reluctance 
at  pursuing  the  discussion  or  this  part  of  the  oues- 
tion  ;  because  he  was  sure  these  were  considera- 
tions on  which  the  House  could  not  act,  being 
entirety  unworthy  of  the  subject    We  might  as 
well  stop  all  our  utercourse  with  England,  with 
France,  or  with  the  Baltic,  whose  products  are 
in  many  respects  the  same  as  ours,  as  to  act  on  the 
present  occasion  under  the  influence  of  any  such 
considerations.  It  was  too  selfish,  too  mean  a  prin- 
cqile,  for  this  bodf  to  act  on,  to  refuse  its  sym- 
pray  for  the  patriots  of  the  South,  because  some 
uttle  advantage  of  a  commercial  nature  might  be 
retained  to  us  from  their  remaining  in  the  present 


condition— which,  however,  he  totally  denied. 
Three-fourths  of  the  productions  of  the  Spanish 
provinces  were  the  precious  metals,  and  the 
greater  part  of  the  residue  not  of  the  same  char- 
acter as  the  staple  productions  of  our  soil.  But, 
it  seemed,  that  a  pamphlet  had  recently  been 

gnblished  on  thb  subject,  to  which  gentlemen 
ad  referred.  Now.  said  Mr.  C,  permit  me  to  ex- 
Eress  a  distrust  of  all  pamphlets  of  this  kind,  un- 
»s  we  know  their  source.  It  may,  for  aught  I 
know,  if  not  composed  at  the  instance  of  the 
Spanish  Minister,  have  been  written  by  some 
merchant  who  has  a  privilege  of  trading  to  Lima 
under  royal  license;  for  such  do  exist,  as  I  am 
informed,  and  some  of  them  procured  under  the 
agency  of  a  celebrated  person  by  the  name  of 
Samiento,  of  whom,  perhaps,  the  gentleman  from 
Maryland  (Mr.  Smith)  could  give  the  House 
some  information.  To  gentlemeh  thus  privileged 
to  trade  with  the  Spanish  provinces  under  royal 
authority,  the  effect  of  a  recognition  of  the  inde- 
pendence of  the  provinces  would  be  to  deprive 
them  of  that  monopoly.  The  reputed  author  of 
the  pamphlet  in  question,  Mr.  C.  said,  if  he  un- 
derstood correctly,  was  one  who  had  been,  if  he 
were  not  now,  deeply  engaged  in  the  trade,  and 
he  would  venture  to  say  that  many  of  his  state* 
ments  were  incorrect.  In  relation  to  the  trade 
of  Mexico,  Mr.  C.  said  he  happened  to  possess 
the  Royal  Ckzette  of  Mexico  of  1804,  showing 
what  was  the  trade  of  that  province  in  1803; 
from  which  it  appeared  that,  without  making  al- 
lowance for  the  trade  from  tne  Philippine  Islands 
to  Acapulco,  the  imports  into  the  port  of  Vera 
Cruz  were  in  that  year  twenty-two  millions  in 
value,  exclusive  of  contraband,  the  amount  of 
which  was  very  considerable.  Among  these 
articles  were  many  which  the  United  States 
could  itipplr  AS  well,  if  not  on  better  terms,  than 
they  could  be  supplied  from  any  other  quarter ; 
for  example,  brandy  and  spirits ;  paper,  iron,  im- 
plements for  agriculture,  and  the  mines;  waZ| 
spices,  naval  stores,  salt  fish,  butter,  provbions ; 
these  articles  amounting  in  the  whole  to  one- 
seventh  part  of  the  whole  import  trade  to  Mexico* 
With  r^rd  to  the  independence  of  that  country, 
which  gentlemen  seemed  to  think  improbable, 
Mr.  C.  rejmced  that  he  was  able  to  congratulate  . 
the  House  that  we  have,  this  morning,  intelli- 
gence that  Mina  yet  lives,  and  the  patriot  flag  is 
still  unfurled,  and  the  cause  infinitely  more  pros- 
perous than  ever.  This  intelligence  he  was  much 
in  hopes  would  prove  true,  notwithstanding  the 
particular  accounts  of  his  death ;  which,  there 
was  so  much  fabrication  and  fklsehood  in  the 
Spanish  practice,  were  not  entitled  to  credit  un- 
less corroborated  by  other  information.  Articles 
were  manufactured  in  one  province  to  produce 
effect  on  the  other  provinces  and  in  this  country ; 
and  ne  had  therefore  always  been  disposed  to 
think  that  the  details  respecting  the  capture  and 
execution  of  Mina  were  too  minute  to  be  ttnt, 
and  were  made  up  to  produce  an  effect  here. 

With  regard  to  the  general  value  of  the  trade 
of  a  country,  Mr.  C.  said,  it  is  to  be  determined 
by  the  quantum  of  its  population,  and  its  charae^ 


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ItTi  it*  pro^MtioBi^  aid  Ike  tisttnf  Mid  olmrteter 
df  tbt  temiovjr;  tud^  app4yiAg  these  orittria  to 
Bpeniah  Anerica^  bo  natioB  offered  hk^  ia- 
docemeDU  to  commereial  eaterpme.    Waahed 
on  the  one  side  hj  the  Paeifie,  on  the  otler  hj 
the  South  Atlantie ;  standiogi  bet  vacD  Afittca  and 
Borofe  oa  the  o»e  hand,  wm  Asia  en  the  odicr, 
lyinf  along  side  of  the  United  Butet)  her  eonn 
meree  most,  when  fnee  firom  the  restaainte  of 
despetismi  be  uBuaeosdy  in^pevtant,  pactieniartjit 
when  it  is  reeotteeted  how  2mt  a  jvoportien  cf 
the  preeiooe  metals  ii  proMced,  for  that  nattea 
which  can  command  the  pffecionemetalsi  maf  he 
said  toeommandaloMst  the  reson? ces  e£  the  world. 
One  moment,  said  Mr.  C,  imagine  the  mines  of 
tiM  Sooth  locked  an  from  Gicat  Britain  fet  two 
years,  what  would  be  the  effect  on  her  paper  sys* 
tem  ?  Bankrapicf ,  eiplosion^  rcTolntion.    £ven 
if  the  supply  which  we  get  inroad  of  iheprecioas 
BMtalswascntofffor  anylen^hof  ciaae,  laskif 
the  eScet  on  our  pane?  system  would  not  he,  not 
pechape  equally  as  mtal  as  to  Bnglandj  yet  one 
of  the  fieateat  calamilies  which  could  heiali  this 
cevntfy.    The  revenne  of  Spnin  in  Mexico  alonei 
was,  in  1809,  tw^ty  aaillioBs  of  dollars,  and  in 
the  other  proriicei  in  about  tha  same  proportion, 
taking  into  ?iew  their  population,  mdependent  of 
ihe  immense  conttihutions  annually  paid  to  the 
deigy.    When  yoo  look  at  the  resouroee  of  the 
eountry,  and  the  extent  of  ile  popnlatmi}  reool* 
leetiog  that  it  is  double  our  own ;  thai  its  eon- 
saaoj^on  of  foreign  at tielea,  uador  a  free  com- 
mereoi.  would:  he  proportionally  greaA;  that  it 
yieMs  a  large  reiwnue  under  the  aaost  jdbominable 
syeteaB^  under  which  aearlv  thiect*f«arths  of  the 
fopidation  are  unoted,  aiad  aknest  aa  naked  as 
fiom  the  hands  of  aatnre^  bceaase  absokitdy  de» 
priTcdof  the  means  of  clothing  themeelTe»;  what 
asay  not  be  the  effect  on  this  countrjT)  onderihe 
operation  of  a  different  system  whien  wmrid  let 
industry  develope  its  resouraes  in  aU  pomiUe 
forms  1    Such  a  neighbor  eould  not  but  be  a>Ta&- 
nable  acquisitien  in  a  commercial  poini  of  Tiew. 
Oentlemen  had  denied  the  lactof  the  exist- 
ence of  the  isidependenee  of  Buenoe  Ayree  at  ae 
early  a  date  an  he  bed  assi|(ned  to  it.    The  ffenr 
tlemoA  from  Senth  Ctsoltna,  who  wins  well  in- 
,  formed  on  the  sob^t,  did  not,  Mr»  C  thAught, 
'eihibit  his  nsnal  candor  on  this  part  of  it»  When 
the  fentleman  talked  of  the  upper  piorinces 
being  out  of  the  possessien  of  the  pnltiote  an  late 
aa  W5,  he  enghi  to  hnre  gonebeek  and  t(M  the 
House  what  wtas  the  actual  state  of  the  fact, 
with  which  he  was  sure  the  gentleman  was  very 
well  acquainted.    In  1811  the  GoTctnment  of 
Buenos  Ayres  had  been  in  possession  of  erery 
loot  of  the  territory  of  the  Yiceroyalt|r.    The 
wnr  had  been  raging  from  1811  to  1815  in  those 
interior  profinces,  bordering  on  Lima,  which  had 
been  ae  often  as  three  timee  conquered  by  the 
enemy,  and  as  often  recoremd,  and  from  which 
the  enemy  was  naw  ftnaUv  ezpeUed.    Was  this 
at  all  remarkable  during  the  progiese  of  snch  a 
revolution  1    During  the  different  periods  of  our 
war  oi  indepeodenoe,  the  British  had  possession 
of  diftrent  parte  of  our  country ;  as  late  as  1780, 


the  whole  of  the  Sonthem  States  haAbeen i 


their  possession;  and  at  an  eatker  date  thsy 
possession  of  the  mat  NoHhem  capiuls.  Therai 
was,  in  regard  to  Bien^  Afrts.  a  diatangniahi&ir 
tmit,  which  did  net  exbt  m  the  hietorj  of  our 
RevoloUon^  That  was,  that  from  1810^  tot  ibm 
present  day  the  eapiial  cf  the  B«pnbtic  of  Ln 
rhUA  bad  been  intarinbly  tn  the  possession  ef 
the  patriot  GoremBMaa.  GmdcmenHnsl  admit 
that  when,  in  1814„  she  captund  at  Monte vidnei 
an  army  se  lacge  aa  Burgoyne's,  cafMnntd  at  6ar» 
atoga,  they  were  then  in  possession  of  indepeni* 
enne.  If  they  hntRc  been  since  18H)  in  tne  en« 
joyment  of  setf-gorernaaent,  it  was,  indeed,  ao^ 
very  material  under  what  aaaw  or  under  whiit 
form.  The  fkct  of  their  independenoa  ia  all  that 
is  necessary  to  be  estahfishedw  In  reply  to  tfan 
argument  ef  the  gentleman  from  South  Gar0'« 
Una,  deriiwd frombie  haTing  been  nnahln  to  find 
out  the  number  of  the  profinee^  thia  arose,  from 
the  circumstance  that,  thirty-siz  yearn  ago,  the 
Vieeroyidty  had  been  a  CM£taiA«>GeBerMship| 
that  it  eBteaded  then  oaly  to  Tucuman,  while  of 
late  and  at  present  die  Gtireinment  extended  tn 
the  Demguedara,  in  about  the  sixteenth  dcgxen 
of  south  latitude^  There  were  other  reasoaa 
why  there  was  seme  confusion  m  the  number  o£ 
the  proTinces,  as  stated  bf  ^fletent  writrm.; 
there  was,  in  the  first  place^  a  territorial  dtvieioft 
of  the  conntry^-then  a  jndiotal,  and  nextn  mill" 
tary  divbion,  and  the  proyinces  hnve  been  atatei 
at  ten,  thirteen,  or  twenty^  nceordtnr  to  the  de* 
nomsoations  ueco^  This,  however^  he,  with  the 
i«nan  from  South  Oarolina,  regarded  an  n 


t  of  no  sort  of  conaeqnente. 

Bir.  C.  said  he  would  pass  over  the  nport 
lately  madb  to  the  House  by  the  DepaitmeAt  of 
State,  respecting  the  stnte  of  Soudi  Americn, 
with  only  one  remaric:  than  it  npnenred  to  hint 
to  exhibit  evidence  of  an  adroit  and  esf^erienficd 
dinJomatist  negotiniing,  or  rather  eonfenrintf  on  a^ 
subject,  with  n  young  and  ineaEfmenced  ilinift* 
ter^  from  a  yoong  and  inex]ierienced  RepahHn. ' 
From  the  manner  ia  which  this  report  was  eemr 
municnted,  after  n  call  for  information  so  long 
made,  and  after  the  lapse  of  two  months  from 
the  laat  date  in  the  eorrespondenoe  on  the  sidi» 
ject,  Mr.^  C.  declared  he  wan  mortifted  at  henriaf 
the  re^rt  read*  Why  talk  of  the  mode  of  m* 
cegnitmn )  Why  moike  ebjjeittiona  to  the  fqpa 
of  the  eomaaimioni  If  the  Minieter  had  net  • 
formal  power,  why  ntA  tell  him  to  vend  back  Ibc 
one?  Why  ask  of  him  to  enumerate  the  pm* 
ticular  States  whose  independence  he  waahedao^ 
kaowledged  ?  Suppose  the  French  Mininer  had 
asked  of  Franklin  whnt  number  of  Stntes  he 
represented?  ThirtSMi,  if  you  pleMe,  Franklift 
would  hnve  replied.  Bot,  M.  Fmnklia,  will  yon 
tell  me  if  Pennsylvnnia,  whose  capital  is  innos* 
semion  of  the  British,  be  one  of  them?  What 
would  Dr.  Franldte  have  said?  Mr.  G.  said  it 
would  have  comported  better  with  the  frankneea 
of  the  American  character,  and  of  America* 
diplomacy,  if  the  Secretary,  avoiding  caviki 
about  the  fnrm  ef  the  commission,  had  said  to 
the  Minister  of  Bnenos  Ayres,  *'at  the  prescBt 


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nomtDt  w«  do  not  intend  tm  leconiM  yon,  or  to 
veceire  or  send  «  Minister  to  you  J' 

Bat  among  tlie  charges  whjcb  gentlemen  kad 
indnstiiooalf  brought  together,  the  House  had 
been  told  of /iiedons  piwrailiAg  in  Baenos  Ayree, 
Do  not  factions^  Mr.  C*  asked,  exiat  everywhere  ? 
Are  they  not  to  be  fonnd  in  the  best  r^^lated 
and  most  firmly  established  Qovernments  ?  Re- 
soeetiog  the  Garreras.  poblic  information  was 
arased,  Mr.  C.  said ;  they  were  snppoeed  to  hare 
had  improper  fiews,  designs  hoptiie  to  the  exist'* 
in^  Oorernment,  and  ii  became  necessary  to  de- 
pure  them  of  the  power  of  doing  misohi^*  And 
what  was  the  fact  respectti^  the  alie|^  arrest 
of  American  citizens  T—Boeooe  Ayres  had  been 
organizing  an  army  to  atiaek  Chili.    Carrera 
arrivea  at  the  rirer  La  Plata  with  some  North 
AmericaDs;  he  had  before  defeated  tiiereveli»> 
tioQ  in  Chili  by  witkholding  his  co-operation ; 
the  Qovernment  of  Baenos  Ayres,  therefore,  said 
to  bimy  we  do  not  want  yoor  resooroes ;  oar  owa 
aroay  is  operating;  if  yoa  carry  years  there  it 
may  prodoce  dissension,  and  eaose  the  Idss  of 
liberty— -yoa  shall  not  go.    On  his  oppoeung  thia 
courses,  what  was  done  which  has  called  forth 
the  sympathy  of  gentiemen  1    He  and  those  who 
attended  him  from  thia  country  were  pat  in  eon- 
linemeBi,  bat  only  long  enough  to  pemut  the 
operations  of  the  Baenos  Ayrean  army  to  go  on ; 
(hey  were  then  permitted  to  go,  or  made  their 
escape*  to  Mooterideo,  and  afterwards^  wheta 
they  meased.    With  respect  to  the  condnct  of 
that  GoTemment,  he  would  only  recall  the  at- 
tention of  gentlemen  to  the  ordera  which  had 
lately  emanated  from  it  for  the  regulation  of  pri;- 
▼ataera,  which  had  displayed  a  9olieitude  to  guard 
ai^Unat  irrcgularily,  aod  to  respect  the  righta  of 
neutrals,  net  inferior  to  that  ever  shown  by  mtf 
OoTernnpent  which  had  ever  attempted  to  c^go- 
late  this  licentious  mode  of  waiiiue. 

The  honorable  gjantlemaa  from  QeQi;gia  had 
commenced  his  remarks  the  other  day  by  an  ani- 
madversion  which,  Mr.  C.  said,  he  ought  well 
haTs  spared,  when  he  told  as  that  eren  the  pray- 
eia  of  the  Chaplain  of  thia  Hooae  had  been  of- 
fered up  in  benalf  of  the  patriota.  And  wm  it 
xaprehensible,  Mr.  C.  asked,  that  an  American 
chaplain,  whose  cheeks  were  farrowed  by  age, 
and  hie  head  as  white  as  snow,  who  had  a  thoo- 
sand  times,  daring  our  own  Revolotioa,  implored 
the  smiles  of  Heaven  on  oar  exertions,  tikovM 
indnlge  in  the  piona  and  patriotic  feelioga  flow- 
ing frona  his  recoUectioos  of  our  own  Revolu- 
tion ?  Ought  he  to  be  subiect  to  animadversion 
for  ao  doing,  in  a  place  where  he  could  not  be 
heard  in  reply  ?  Crught  he  to  be  sobjeet  to  aai- 
madveraion  ior  soliciting  the  favor  of  Heaven  on 
the  same  cause  as  that  in  which  we  fought  the 
good  fight,  and  conquered  our  independence? 
Be  traated  not. 

But  the  gentleman  from  Qeorgia,  it  af^ared, 
QQuld  aae  no  parallel  between  our  Revolution 
and  that  of  the  Spaniah  provinces.  Their  revo- 
Ution,  in  iu  commencement,  did  not  aim  at 
con^>lete  independence;  neither,  Mr.  C.  said, 
did  oora.    Saeh  was  the  loyalty  of  the  Creole 


character,  that,  althoi^b  groaning  under  thnaa 
h«ndred  years  of  tyranny  and  oppression,  they 
bad  been  unwilliitt  to  cast  off  their  allegiance  to 
that  Throne,  whipn  had  been  the  Throne  of  their 
ancestors.  Bat,  loc^ag  forward  to  a  redresa  of 
wrongs,  rather  than  a  change  of  Gtovernmen^ 
they  gradually,  and  perhaps  at  fint  uninteatioa- 
ally,  entered  into  revoloiien.  Mr.  Csaid  he  had  it 
from  those  who  had  been  actively  engaged  in  our 
Revolution ;  from  that  venerable  man,  (Chan* 
ceUor  Wythe^)  whose  memory  he  shoold  ever 
cherish  with  filial  regard,  that  a  very  short  tioM^ 
befbre  our  Declaration  of  Independence,  it  wonld 
have  been  impoesible  to  have  got  a  majority  q£ 
Congress  to  declare  it.  Look  at  the  language  of 
ear  petitions  of  that  day,  carrying  our  loyahy  ta 
the  foot  of  the  Throne,  and  avowing  our  anx*^ 
iety  to  remain  under  the  Crown  of  oar  aiicc»> 
tors ;  ind^endence  was  then  not  even  remotely 
suggested  as  our  object.  The  presenjt  stale  ca 
fiicts,  and  not  what  haa  passed  and  gone  in  Booth 
America,  most  be  conaolted  At  the  pr^mu 
moment,  the  patriota  of  the  South  are  ^hting 
for  liberty  and  iodependenoo-^for  preciaely  what 
we  fooffht  for.  Bat  their  revolotioa,  the  gentle* 
man  told  the  House,  waa  stained  by  seenea  wfaioh 
had  not  occurred  in  oors.  If  so.  Bdbr.  C.  said,  ia 
waa  because  execrable  ouiracpea  had  been  com* 
mittedupon  them  by  the  troops  of  the  mothjov 
country,  which  were  not  upon  aa»  Could  it  bcr 
believed,  if  the  slaves  had  been  let  loose  opoaoaj 
in  the  South,  aa  they  had  beea  let  looae  in  Ven^ 
iesoelai  if  quarters  had  been  refosed;  capital** 
tjona  viokiiMl ;  that  Qeneral  WiaHUfOTOH,  at 
the  head  of  the  armiea  of  the  United  States^ 
would  not  have  reaoriad  to  retribotion  ?  Retal* 
iation  is  sometimea  mercy;  mercy  to  both  par- 
ties. The  onlv!  means  by  which  the  coward 
soul  that  indolgits  in  such  eoormitiea  can  ha 
reached,  ia  to  ahow  to  him  that  they  will  be  viai* 
ited  by  aevere  but  joat  retribution.  There  weia 
traiu  in  the  hiatory  of  thia  revolittion,  Mr.  C. 
said,  which  showed  what  deep  root  liberty  imd 
taken  ia  South  Aoierica*  He  slated  an  ioatanoe.^ 
The  only  hope  of  a  wealthy  and  repittable  itrnx-^ 
ily,  said  he,  waa  charged,  at  the  head  of  a  small 
force^  with  the  eare  of  the  magazine  of  thearmp. 
He  saw  that  it  waa  impossible  to  defend  it.  ^HQo^'* 
said  be  to  his  companions  in  aims,  ^  I  aiopeam 
sofBcieat  for  its  aefonce.''  The  aamiianta  ap* 
preached ;  he  applied  a  match  andihlew  op  tha 
magaaine,  with  himself,  scattering  death  and 
desuuction  oq  his  enemy.  Mr.  C.  narrated  ana* 
ther  iastance  of  the  intrepidity  of  a  female  of 
the  patriot  party.  A  lady  m  New  Grenada  had 
given  information  to  the  patriot  forces  of  phms 
and  instructions  by  which  the  capital  nufht  be 
invaded.  She  was  put  upon  the  rack  to  divalge 
her  accomplices.  She  bore  the  torture  with  the 
greatest  fortitude,  and  died  ezclauDiog*^^"  Yo^ 
shall  not  hear  it  from  my  mouth  5  I  will  die,  and 
may  those  live  who  can  free  my  country. 

But  the  House  had  been  told,  and  told  with  a 
triumph  worthy  oi  a  belter  cause— ^oy  recognise 
this  Republic  ?  Where  is  the  use  ol  U 1  And 
was  it  possible,  Mr.  C  asked,  that  gentlemen  eoold 


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SptmM  American  Pro^meei. 


IIahoh,  181S. 


see  no  use  ^n  recognisioff  this  Repablie  ?  For 
what  did  the  Republic  fight?  To  be  admitted 
into  the  family  of  natioDB.  Tell  the  nattODs  of 
the  world,  says  Pueyrredon  iQ  bis  speech,  that 
we  already  belong  to  their  illustrioos  rank.  What 
would  be  the  powerful  consequeuces  of  a  recog- 
nition of  their  claim  ?  I  ask  my  honorable  friend 
before  me,  (Mr.  BL00MFiELn,)the  high  sanction  of 
whose  judgment  in  faror  of  m^  proposition  I 
fondly  anticipate,  with  what  anxious  solicitude, 
during  our  Revolution,  he  and  his  glorious  com- 
patriots turned  their  eyes  to  Europe,  and  asked 
10  be  recognised.  I  ask  him.  the  patriot  of  '76, 
how  the  heart  rebounded  with  joy,  on  the  infor- 
mation that  France  had  recognised  us!  The 
moral  influence  of  such  a  recognition  on  the 

Satriot  of  the  South  will  be  irresistible.  He  will 
erire  assurance  from  it  of  his  not  haying  fought 
in  Tain.  In  the  constitution  of  our  natures,  there 
is  a  point,  to  which  adversity  may  pursue  us, 
without  perhaps  any  worse  efiect  than  that  of 
exciting  new  energy  to  meet  it.  Having  reached 
that  point,  if  no  gleam  of  comfort  breau  through 
the  gloom,  we  sink  beneath  the  pressure,  yielding 
reluctantly  to  our  fate,  and  in  hopeless  despair 
losinff  ail  stimulus  to  exertion.  And,  Mr.  C. 
asked,  was  there  not  reason  to  fear  such  a  fate  to 
the  patriots  of  La  Plata?  Already  enjoying  in- 
dependence for  eight  years,  their  Ministers  were 
yet  spumed  from  the  Courts  of  Europe,  and  re- 
jected by  the  Qovernment  of  a  sister  Republic. 
ConUast  this  conduct  of  ours,  said  Mr.  C.  with 
our  conduct  in  other  respects.  No  matter  whence 
the  Minister  comes,  be  it  from  a  despotic  Power, 
we  receive  him ;  and  even  now,  the  gentleman 
from  Maryland  ^r.  Smith)  would  have  us  send 
a  Minister  to  Constantinople,  to  beg  passage 
through  the  Dardandelles  to  the  Black  Sea,  that, 
1  suppose,  we  mifrht  get  some  hemp  and  bread- 
8tiif»  there,  of  which  we  ourselves  produce  none— 
he  who  cfin  see  no  advantage  to  the  country 
from  opening  to  its  commerce  the  nameless  re- 
sources of  South  America,  would  send  a  Minister 
boffgittg  to  Constantino|>le  for  a  little  trade !  Nay, 
I  have  seen  a  project  in  the  newspapers,  and  I 
should  not  be  surprised,  after  what  we  have 
already  seen,  at  its  being  carried  into  effect,  for 
sending  a  Minister  to  the  Porte.  Yes.  sir,  from 
CoBstantinople  or  from  the  Brazils ;  from  Turk 
or  Christian;  from  black  or  white;  from  the 
Dey  of  Algiers  or  the  Bey  of  Tunis— from  the 
Devil  himself,  if  he  wore  a  crown,  we  should  re- 
caive  a  Minister.  We  even  paid  the  expenses  of 
the  Minister  of  his  Sublime  Highness  the  Bey  of 
Tunis,  and  thought  ourselves  highly  honored  by 
his  visit.  But,  let  the  Minister  come  from  a  poor 
Republic,  like  that  of  La  Plata,  and  we  turn  our 
back  on  him.  No,  sir,  we  will  not  receive  him. 
The  brilliant  costumes  of  the  Ministers  of  the 
Royal  Governments  are  seen  glistening  in  the 
circles  of  our  drawing  rooms,  and  their  splendid 

auipages  rolling  through  tne  avenues  of  the 
etropolis ;  bat  the  unaccredited  Minister  of  the 
Republic,  if  he  visit  our  President  or  Secretary 
of  State  at  all,  must  do  it  incog,^  lest  the  eye  of 
Don  Onis  should  be  offended  by  so  unseemly  a 


sight !  Mr.  C.  said,  he  hoped  the  gentleman  from 
South  Carolina,  who  was  so  capable  of  estimating 
the  effect  of  moral  causes,  would  see  some  use  ia 
recognising  the  independence  of  La  Plata.  He 
appealed  to  the  powerful  effect  of  moral  causes, 
manifested  in  the  case  of  the  French  Revolution, 
whei^by  their  influence,  that  nation  swept  from 
about  her  the  armies  of  the  combined  Powers  by 
which  she  was  environed,  and  rose  up  the  colossal 
Power  of  Europe.  There  was  an  example  of  the 
effect  of  moral  power.  All  the  patriots  asked, 
all  they  wanted  at  our  hands,  was  to  be  recognised 
as,  what  they  had  been  for  the  last  eight  years, 
an  independent  Power. 

But,  it  seems,  said  Mr.  C,  we  dare  not  do  this, 
lest  we  tread  on  sacred  p^round ;  and  an  honoraUe 
gentleman  from  Virginia  (Mr.  Smttq)  who, 
when  he  has  been  a  little  longer  in  this  House, 
will  learn  to  respect  its  powers,  calls  it  an  usur- 
pation on  the  part  of  this  House.  Has  the  gen- 
tleman weighed  the  terms  which  he  employed  ? 
If  I  mistake  not,  the  gentleman,  in  the  debate 
respecting  the  power  to  make  internal  improve- 
ments, called  that  too  an  usurpation  on  the  part 
of  this  House.  That  power,  too,  however,  he 
admitted  to  belong  to  the  Executive,  and  traced 
it  to  an  imperial  source,  informing  us  that  Cftsar, 
or  somebody  else,  had  exercised  it.  Sir,  the  gen- 
tleman has  mistaken  his  position  here;  he  is  a 
military  chieftain  and  an  admirable,  defender  of 
Executive  authority,  but  he  has  yet  to  learn  his 
horn-book  as  to  the  powers  of  this  branch  of  the 
Legislature.  Usurpation,  Mr.  C.  said,  is  arrogat- 
ing to  yourself  authority  which  is  vested  else- 
where. But  what  was  it  that  he  proposed,  t a 
which  this  term  had  been  appled  %  To  appro- 
priate money  to  pay  a  foreign  Minister  his  outfit* 
and  a  year's  salary.  If  that  be  an  usurpation, 
said  he,  we  have  been  usurping  power  from  the 
commencement  of  the  Government  to  the  present 
time.  The  chairman  of  the  Committee  ot  Ways 
and  Means  has  never  reported  an  appropriation 
bill  without  some  instance  of  this  usurpation. 

There  are  three  modes  under  our  Constitution, 
in  which  a  nation  may  be  recognised:  by  the' 
Executive  receiving  a  Minister ;  secondly,  by  its 
sending  one  thither;  and,  thirdly,  this  House 
unquestionably  has  the  right  to  recognise,  in  the 
exercise  of  the  Constitutional  power  of  Congress 
to  regulate  foreign  commerce.  To  reeeive  a 
Minister  from  a  foreign  Power  is  an  admission 
that  the  party  sending  him  is  sovereign  and  inde- 
pendent. So  the  sending  a  Minister,  as  Ministers 
are  never  sent  but  to  sovereign  Powers,  is  a  re- 
cognition of  the  independence  of  the  Power  to 
whom  the  Minister  is  sent.  Now,  the  honorable 
ffentleman  from  South  Carolina  would  have  pre- 
ferred the  expression  of  our  opinion  by  a  resolu- 
tion, independent  of  the  appropriation  bill.  If 
the  eentleman  would  vote  tor  it  in  that  shape,  I 
would  really  gratify  him;  all  that  I  want  to  do 
is  to  convey  to  the  President  an  expression  of 
our  willingness,  that  the  Government  of  Buenos 
Ayres  should  be  recognised.  Whether  it  shall 
be  done  by  receiving  a  Minister  or  sending  one, 
ia  quite  immaterial.    It  \%  urged  that  there  might 


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Uamob,  18ia 


Spaniih  Americcm  Prorrinces. 


H.orR. 


be  an  improprietf  in  seiHliog  a  Minister,  not  being 
certain,  after  what  has  passed,  that  he  would  be 
received  ;  bat,  Mr.  C^  said,  that  was  one  of  the 
qnestions  sabmicted  to  the  discretion  of  the  Ex- 
aeutiTe,  which  be  wonld  determine^  upon  a  view 
of  all  the  eircmnstances,  and  who1>f  coarse  would 
|MrevioaslT  hare  an  understanding  that  our  Min- 
uter would  be  duly  respected.  If  gentlemen  de- 
aired  to  know  what  a  Minister  from  us  was  to 
40f  Mr.  C.  said  he  would  have  him  congratulate 
the  Republic  on  the  establishment  of  free  gorern- 
ment  and  on  their  liberation  from  the  ancient 
dynasty  of  Spain ;  assure  it  of  the  interest  we 
Ml  in  its  weuare,  and  of  our  readiness  to  concur 
in  any  arrangements  which  might  be  advanta- 

Sons  to  our  mutuaUnterest.  Have  we  not,  asked 
r.  C.^  a  Minister  at  the  Brazils,  a  nation  lying 
alongside  of  the  proTinces  of  La  Flats,  and  con- 
sidering^ the  number  of  slaves  in  it,  by  no  means 
so  formidable  as  the  latter,  and  about  equi-distant 
from  us.  In  reference  to  the  strength  of  the  two 
Powers,  that  of  La  Plata  is  much  the  strongest, 
and  the  Government  of  Brazil,  trembling  under 
the  apprehension  of  the  effect  of  the  arms  of  La- 
Plata,  has  gone  farther  than  any  other  Power  to 
seeoanise  its  independence,  having  entered  into 
a  military  convention  with  tne  Republic,  by  which 
each  power  guaranties  the  possession  of  the  other. 
And  we  hare  exchanged  Ministers  with  the  Bra- 
zils. The  one,  however,  is  a  Eangdom ;  the  other 
a  Republic ;  and  if  any  gentleman  could  assign 
any  better  reason -why  a  Bfinister  should  be  sent 
to  one  and  not  to  the  other  of  these  Powers,  he 
riiould  be  glad  to  hear  it  disclosed,  for  he  had  not 
been  able  himself  to  discorer  it. 

A  gentleman  had  yesterday  told  the  House  that 
die  news  from  Buenos  Ayres  was  unfavorable. 
Take  it  all  together,  Mr.  C.  said,  he  believed  it 
was  not  Bat,  he  said,  he  put  but  little  trust  in 
aoch  accounts.  In  our  Rerolution,  incredulity  of 
raports  and  newspaper  stories,  propagated  by  the 
anemy,  had  been  so  strengthened  bv  experience, 
that  at  last  nothing  was  Mlieved  which  was  not 
attetud  by  the  signature  of"  Charles  Thompson." 
Mr.  C*  said  he  was  somewhat  similarly  situated ; 
be  could  not  believe  these  reports — he  wished  to 
aae  ''Charles  ThompMm"  before  he  gave  full 
aredit  to  them.  The  vessel  which  had  arrived  at 
Baltimore,  and  which,  by  the  way,  by  its  valu- 
able cargo  of  specie,  hides,  and  tallow,  gave  ctI- 
danca  of  a  commerce  worth  pursuing — brought 
aome  rumor  of  adifference  between  Artigas  and  the 
authorities  of  Buenos  Ayres.  With  respect  to  the 
Baada  Oriental,  which  was  said  to  be  occupied 
by  Artigas,  Mr.  C.  said  it  constituted  but  a  rery 
aabordinate  part  of  the  territory  of  the  United 
Provinces  of  La  Plata;  and  it  could  be  no  more 
objection  to  recognising  the  nation  because  that 
province  was  not  included  within  its  power,  than 
U  could  have  been  to  our  recognition,  because 
aaveral  States  held  out  against  the  adoptionof  the 
Conatitotion.  Mr.  C.  repeated  that  before  he 
attached  anv  confidence  to  a  letter  not  signed 
"Charles  Thompson,"  he  must  know  who  the 
■Ban  is  who  writes  it ;  what  are  his  sources  of  in- 
fbraiation)  his  character  for  veracity,  6oc^  and  of 


all  those  particulars  we  were  deprived  of  infer-  , 
mation  in  the  case  of  the  recent  intelligence  in 
the  Baltimore  papers,  as  extracted  from  private 
letters. 

But,  said  Mr.  C.  we  are  charged,  on  the  pres- 
ent occasion,  with  treading  on  sacred  ground. 
Let  me  suppose,  what  I  do  not  beliere  would  be 
the  case,  that  the  President  had  expressed  an  opin- 
ion one  way,  and  we  another.  At  so  early  a  pe- 
riod of  our  Government,  because  a  particular  in- 
dividual fills  the  Presidential  Chair— an  individ- 
ual whom  I  highly  respect ;  more  perhaps  than 
some  of  tho5e  who  would  be  considered  his 
exclusive  friends— is  the  odious  doctrine  to  be 
preached  here,  that  the  Chief  Magistrate  can  do 
no  wrong?  Is  the  doctrine  of  passire  obedience 
and  non-resistance — are  the  principles  of  the 
Stuarts,  to  be  revived  in  this  free  CbTemment  7 
Is  an  opinion  to  be  suppressed  and  scouted,  be- 
cause it  is  in  opposition  to  the  opinion  of  the  Pre- 
sident ?  Sir,  as  long  as  I  have  a  seat  on  this  floor, 
I  shall  not  hesitate  to  exert  the  independence 
which  belongs  to  the  Representatire  character — 
I  shall  not  hesitate  to  express  my  opinions,  coin- 
cident or  not  with  those  of  the  Executive.  But 
Mr.  C.  said  that  he  could  show  that  this  cry  had 
been  raised  on  the  present  occasion  without  rea- 
son. He  supposed  a  case :  that  the  President  had 
sent  a  Minister  to  Buenos  Ayres,  and  this  House 
had  been  called  on  to  make  an  appropriation  for 
his  payment.  He  asked  of  gentlemen  whether 
in  that  case  they  would  not  have  voted  an  appro- 

f»riation  ?  And  had  not  the  House  a  right  to  de- 
iberate  on  the  propriety  of  the  doingso, as  well 
before  as  after  a  Minister  was  sent  ?  Would  gen- 
tlemen please  to  point  out  the  difference  f  I  con- 
tend, said  Mr.  C,  that  we  are  the  true  friends  of 
the  Executive;  and  that  the  title  does  not  belong 
to  those  who  have  taken  it.  We  wisih  to  extend 
his  influence  and  give  him  patronage ;  to  girt 
him  means^  as  he  has  now  the  power,  to  sena  an- 
other Minister  abroad.  But,  aoart  from  this 
view  of  the  question,  as  regarded  the  Bxec- 
uti?e  power,  this  House,  Mr.  C.  said,  had  the 
incontestable  right  to  recognise  a  foreign  na- 
tion, in  the  exercise  of  its  power  to  regulate 
commerce  with  foreign  nations.  Suppose,  for 
example,  we  pmed  an  act  to  regulate  trade 
between  the  Unita4  States  and  Buenos  Ayres ; 
the  existence  of  the  nation  would  be  thereby  recog- 
nised— as  we  could  not  regulate  trade  with  a  na- 
tion which  does  not  exist. 

The  gentleman  from  Marjriand  (Mr.  Shitb) 
and  the  gentleman  from  Virginia,  (Mr.  Smyth,) 
the  great  champion  of  Execntire  power,  and  the 
opponent  of  legislatire  authority,  had  contended 
that  recognition  would  be  cause  of  war.  Mr.  C. 
said  these  gentlemen  were  reduced  to  this  dilem- 
ma: If  it  was  cause  of  war,  the  BxecutiTe  ought 
not  to  have  the  right  to  produce  a  war  upon  the 
country  without  consulting  Congress.  If  it  was 
no  cause  of  war,  it  is  an  act  which  there  was  no 
danger  in  performing.  There  would  be  very 
little  difference  in  principle  between  vesting  the 
Executire  with  the  power  of  declaring  war,  or 
I  with  the  power  of  necessarily  leading  the  conn- 


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Spanuh  American  Provinces. 


March,  181S* 


try  into  war,  without  consulting  the  authority  to 
whom  the  power  of  making  wafis  confided.  But 
Mr.  C.  denied  that  it  was  cause  of  war ;  but,  if  it 
were,  the  sense  of  Congress  ought  certainly  in 
some  way  or  other  to  be  taken  on  it,  before  that 
step  was  taken.  He  knew,  he  said,  that  some  of 
the  most  distinguished  statesmen  in  the  country 
had  taken  the  yiew  of  this  subject,  that  the  power 
to  recognise  the  independence  of  any  nation  did 
not  belong  to  the  President ;  that  it  was  a  power 
too  momentous  and  consequential  in  its  character 
to  belong  to  the  Executive.  His  own  opinion, 
Mr.  C.  confessed,  was  different,  belieyingthe  power 
to  belong  to  either  the  President  or  Congress,  and 
that  it  miffht,  as  most  convenient,  be  exercised  by 
either.  If  aid  was  to  be  given,  to  afford  which 
would  be  cause  of  war,  however,  Congress  alone 
could  give  it. 

This  House,  then,  Mr.  C.  said,  had  the  power 
to  act  on  this  subject,  even  though  the  President 
bad  expressed  his  opinion ;  which  he  had  not  fur- 
ther than,  as  appeared  by  the  report  of  the  Secre* 
tary  of  State,  to  decide  that,  in  January  last,  it 
would  not  be  proper  to  recognise  them.  But, 
Mr.  0.  said,  the  President  stood  pledged  to  recog- 
nise the  Republic,  if,  on  the  return  of  the  Com- 
missioners, whom  he  has  deputed,  they  should 
make  report  favorable  to  the  stability  of  the  Gov- 
ernment. Those  Commissioners  sailed  in  De- 
cember last,  and  might  be  expected  to  return  in 
three  or  four  months  from  this  time.  When  they 
returned,  then.  Congress  would  not  be  in  session. 
The  President  thus  standing  pledged,  said  Mr.  C, 
I  ask  if  we,  who  are  disposed  to  invest  him  with 
the  means  of  recofi;nising  that  independence-— of 
redeeming  his  pledge — are  not  the  true  friends  of 
the  Executive,  and  whether  the  opponents  of  this 
motion  do  not  act  as  thoujg;h  they  were  not  his 
friends  ?  Suppose  the  chairman  of  the  Commit- 
tee of  Foreign  Kelations  had  reported  a  provision 
for  an  appropriation  of  the  description  which  I 
nropose,  said  Mr.  C,  should  we  not  all  have  voted 
for  it?  And  could  any  gentleman  be  so  pliant, 
as,  OQ  the  mere  ground  of  an  Executive  recom- 
mendation, to  vote  an  appropriation  without  ex- 
ercising his  own  faculties  on  the  question ;  and 
yet,  when  there  is  no  such  suggestion,  will  not 
even  so  far  act  for  himself  as  to  determine  whe- 
ther a  Republic  is  so  independent  that  we  may 
fairly  take  the  step  of  recognition  of  it?  He 
hoped  that  no  such  such  submission  to  the  Exec- 
utive pleasure  would  characterize  this  House. 

One  more  remark,  and  Mr.  C.  said  be  had  done. 
One  gentleman  had  told  the  House  that  the  pop- 
ulation of  the  Spanish  provinces  was  eighteen 
millions;  that  we,  with  a  population  of  two  mil- 
lions only,  had  conquered  our  independence ;  and 
that,  if  the  southern  provinces  willed  it,  they  must 
be  free.  This  population,  Mr.  C.  said,  he  had  al- 
ready stated,  consisted  of  distinct  nations,  having 
but  little,  if  any  intercourse,  the  largest  of  which 
was  Mexico ;  and  they  were  so  separated  by  im- 
mense distances  that  it  was  impossible  there 
should  be  any  co-operation  between  them.  Be- 
sides, they  have  difficulties  to  encounter  which 
we  had  not.    They  have  a  noblesse;  they  ar« 


divided  into  jealous  castes,  and  a  vast  propoitioit 
of  Indians ;  to  which  adding  the  great  iaflueiice 
of  the  clergy,  and  it  would  be  seen  how  widely 
different  the  circumstances  of  Spanish  Amerie% 
were  from  those  under  which  the  Revolution  in 
this  country  wdb  brought  to  a  successful  terminaf- 
tion.  He  had  already  shown  how  deep-rooted 
was  the  spirit  of  liberty  in  that  country.  He  in* 
stanced  the  little  island  of  Margarita,  againat 
which  the  whole  force  of  Spain  had  been  in  vaiA 
directed,  containing  a  population  of  cmly  16,000 
souls ;  but  where  every  man,  woman,  and  child, 
was  a  Grecian  soldier  in  defence  of  freedom. 
For  many  years  the  spirit  of  freedom  bad,  been 
struggling  in  Venezuela,  and  Spain  bad  been  un- 
able to  conquer  it.  Morillo,  in  an  official  despatcli 
transmitted  to  the  Minister  of  Marine  of  his  owB 
country,  avows  that  Angosturo  and  all  Qoiaiia 
are  in  possession  of  the  patriots,  as  well  as  all  the 
country  from  which  supplies  could  be  drawn* 
According  to  the  latest  accounts,  Bolivar  and 
other  patriot  commanders  were  concentrating 
their  forces,  and  were  within  one  day's  march.  <S 
Morillo ;  and  if  they  did  not  forsake  the  Fabia^ 
policy,  which  was  the  true  course  for  them,  tke 
result  would  be,  that  even  the  weakness  ot  tha 
whole  of  the  provinces  of  Spanish  America  woold 
establish  its  independence,  and  secure  the  enjoy* 
ment  of  those  rights  and  blessings  which  righ^ 
fully  belong  to  it. 

Mr.  PoiNO£XTBR,  of  Mississi]^.  claimed  the 
indulgence  of  the  Uomroittee  for  chat  portion  of 
their  time  which  he  felt  it  incumbent  on  him  to 
occupy,  in  presenting  to  their  coosid^ation  thm 
views  which  he  had  taken  of  the  motion  aubmil- 
ted  by  the  honorable  member  from  Kentnofcy, 
(Mr.  Clay.)  Sir,  said  he,  the  liberty  of  the  hu- 
man species,  in  every  quarter  of  the  globe,  is  a 
theme,  than  which  none  can  be  more  dear  to  tha 
heart  of  the  patriot  and  philaathcopial;;  it  wm» 
one  on  which  he  delighted  to  dwell}  either  iaUie 
tumultuous  agitation  of  the  legislaUTe  hall,  or  iu 
the  silent  shades  of  retirement,  where  the  auttd 
envelopes  the  vast  scope  of  the  universi^  and  eaov^ 
templates  man  in  the  various  and  diveraifiad  ail^ 
nations  and  circumstances  in  which  he  haa  beeA 
placed  by  his  Creator,  for  the  fulfilment  of  the  wiaa 
and  inscrutable  purposes  of  an  oveiraliog  Prov* 
idence.  In  casting  his  eye  over  the  great  eveoia 
of  the  present  day,  Mr.  P.  said,  the  strnggle  whiei^ 
exists  in  Spanish  America  to  break  the  fetlaea 
which  have  so  long  chained  them  to  th«  oar  of 
an  European  despot,  arrested  his  attention  widt 
irresistible  attractions,  and  exhibited  a  grand  aad 
interesting  scene  on  which  he  could  aot  look 
without  the  strongest  solicitude  for  their  akimato 
success — a  solicitude  which  might  semetimea 
carry  him  even  beyond  the  bounds  whieh  pni* 
dence  would  prescribe,  to  accelerate  an  epoch  a» 
auspicious  in  the  history  of  the  New  WotU|  aod 
so  honprable  to  the  establishment  of  human  nghta 
on  a  secure  and  solid  foundation.  He  yielded  to 
none  in  his  attachment  to  the  cause  of  frecdoia^ 
and  the  honorable  Speaker^  who  had  with  ao 
much  eloquence  and  force  portrayed  the  eondi»^ 
tion  of  the  Spanish  colonies,  and  theeuflforiogs  of 


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liui«9»  181S. 


m<mR. 


oppmwA  JoWbitMiti^   "MdciQf  tbrosfh 

SM  slajDglit«r  their  loilff  lost  HbertT,"  cwud 

BOt  cmxtf  hb  moBttyes  it»  tbeir  behalf  fvrtbtt 
tkaflii  hft  did.  He  oad  listeMd  ta  Umt  bonernble 
gMnlieiiiaii  wkh  unfeigned  pkttore,  and  appre* 
coited  the  lofty  and  magaanimoas  motiree  by 
which  he  was  actuated;  and  it  was  to  him  a 
•iMuee  of  re^fret,  that  a  seaaa  of  the  doty  which 
ha  owed  to  hi^  coostituenta^  to  himself,  and  to  his 
Qouatry,  iaipelled  him  to  giro  a  Tola  in  c^km^ 
tiim  10  the  motion  on  the  table.  He  entreated 
gentieMfln  to  return  from  the  waodetiogs  into 
whieh  they  had  been  led  by  the  wide  and  diflbse 
debate  to  wMeh  thia  subject  bad  gives  rise^  and 
locate  themselYCB  an  the  isolated  proposition  oa 
whick  we  arc  required  to  deliberate  and  decide. 
The  quealioa  is  not  whether  the  people,  contend- 
log  against  the  peiaer  of  the  Spanish  monarch 
fbf  tiMiff  emanoipatioa  from  the  unaatural*aiid 
cmel  beadaga  to  which  ^ley  have  been  subjected 
for  ccfttnries  past,  are  eatitled  to  the  iadependence 
to  whieh  the^  aspiie ;  nor  whether  it  is  our  p<^ 
icy^  at  this  time,  to  render  them  assistance,  by 
a  pfTOcipatioa  in  the  conflict ;  bat  we  are  asked 
simply  to  make  an  appropriatioa  of  9^8,000, 
*^  fat  one  y«^  salary  aad  aa  outfit  to  a  Minister 
'  to  the  Uni^  Provmces  of  the  Rio  de  la  Plata 

*  —the  salary  to  commence,  and  the  eottt  to  be 

*  paid,  wheaeTer  the  President  shall  deem  it  espe* 
'  otaat  to  send  a  Minister  to  said  United  Pro* 
'  vimc&"  Is  it  ezpedieat,  under  existing  circum- 
stances, ta  adopt  a  measure  of  this  character,  with 
a  view  to  the  leeoguitton  of  the  independence  of 
these  proviaoesl  And  if  so^  dees  it  fall  withia 
the  range  of  the  CSeastitutiooal  powers  of  the 
HenseiS'BepffesaBtativea?  He  poopMedto  ex- 
amine these  points  distinct  from  the  multiplied 
topics  which  had  been,  in  his  opiaioU)  improperly 
iattodoeed  into  the  discussioa,  and  which  shed 
no  lighl  on  the  questioa  before  the  Committee. 

Ha  would  Qot  stop  to  investigate  the  commer- 
cial iidvaatages  which  might  result  to  this  ooun- 
ory  ftom  the  eaUblishaMat  of  indepeadeat  gov- 
aramcBAa  ia  the  Spanish  South  American  colo- 
nies^ becaase  the  right  of  a  new  Poiser  to  be  re- 
ceifttd  into  the  great  family  of  natiops  is  not 
depeadent  oa  ca&ulations  or  dollars  and  ceata 
oor  Ml  its  relative  iatercoutee  with  the  rest  of 
the  world ;  bat  it  rests  on  the  basis  of  historical 
fkctS)  aad  the  known  ability  of  the  people  to  ffov- 
ara  themselves  in  their  own  way,  uncontrolled 
bfr  the  Sovereign,  fvom  whose  authority  they 
have  been  rcacaed  by  their  valor  and  patriotism. 
The  esisteaee  of  saeh  a  renovation  ia  the  politi- 
cal conditioa  of  a  community,  once  satisfactorily 
aaaniteted,  and  without  further  inquiry,  he  was 
avapared  to  accord  to  them  the  immunities  inoi- 
oeat  to  sovereignty,  leaving  commerce  to  seek  its 
level  in  the  regular  and  natiural  process  of  events; 
Ua  if  temptations  of  gain,  by  ao  interchange  of 
eommodities,  are  considerations  which  ought,  ia 
aay  maimer,  to  guide  us  en  aa  ooeasion  like  the 
piesant,  it  had  been  suflkiently  showa,  in  the 
ooarse  of  the  debate,  by  an  honorable  gentleman 
finmi  Marylaad,  (Mr.  Smitb,)  that  we  had  but 
Uttk  to  hc^  from  that  source,  in  relation  to  the 


proviaees  of  the  Rio  de  la  Plata.  Of  all  the  pes> 
sessions  of  Spaia  en  the  continent  of  South 
America,  engaged  in  hostilities  with  the  pareat 
coaatry^  we  are  least  interested  in  forming  a  coa- 
nezioB  with  the  district  to  which  we  are  invited. 

a  the  proposed  amendment,  to  send  an  accredited 
Inister.  Tbe  distance  by  whieh  we  are  sepa- 
rated from  that  couatry,  and  the  wide  ezteat  of 
ocean  which  divides  us,  of  difficult  aad  perilaaa 
navication,  constitute  insuperable  barriers  to  a 
speedy  and  profitable  intercourse,  founded  on  the 
wants  of  the  respective  countries.  Their  par- 
suits  are  aj^icaltaral,  so  are  ours;  many  of^the 
articles  which  we  export  to  foreign  maiiwts,  thef 
will,  in  a  very  short  time,  likewise  ezpor^  and 
become  rivals  instead  of  customers  in  the  great 
staple  commodities  of  the  United  States. '  It  is 
true  that  they  remit  annually  a  large  amoaat  of 
the  precious  metals;  these  we  want,  aad  to  ob- 
tain them  every  facility  ought  to  be  aibried ; 
bat  to  obtaia  them  something  must  be  given  ia 
exchange.  What  shall  we  offsr  them  in  retarn 
for  their  goU  and  silves?  Kot  breadstuflb— for 
they  are  supplied  at  hornet  Shall  we  send  them 
ouf  coCKm,  tohacco.  sugars  1  No,  sir;  their  cli- 
mate and  soil  are  admirably  adapted  to  the  culti- 
vation of  all  these  articles.  Shall  we  flad  a  amr- 
het  ia  that  distant  region,  for  our  aaannfactares, 
which  seem  to  be  the  sheet-anchor  of  our  safbty, 
if  we  are  to  judge  from  the  solicitude  aianifested 
to  extend  to  them  the  aatioaal  patroaage?  Ahis  1 
they  are  drooping  on  our  own  soil.  >  Protactiag 
dnues,  aatiounting,  ia  some  instuices,  to  die  ea- 
duaioa  of  Ibreiga  fisbries  from  our  market)  are 
foaad  to  be  esscatially  nceeseary  to  fbfoe  the 
sale  of  these  manafiMtares  oa  our  own  people. 
Caa  we,  then,  enteitaia  the  BM>st  distant  hope 
that  they  will  vrature  to  seek  that  compeMoa 
abroad}  which  they  so  carefally  aad  seduloasly 
avoid  at  home  1  Such  a  hope  cannot  for  a  mo- 
aneat  be  tolerated.  Sir;  we  have  nothing  in 
which  a  direct  trade  to  South  America  eaa  be 
preaecttled  with  a  reasonable  ofospeet  of  profit* 
Saglaad  aloae  will  reap  the  rien  harvest  or  those 
valuable  markets,  by  means  of  her  manufaetures. 
whieh  she  caa  furnish  of  a  superior  quality  ana 
at  more  reduced  prices  than  aay  other  country. 
We  may,  perhaps,  become  the  hamble  earners, 
and  ia  that  way  nnd  employment  for  oar  ship- 
ping; bat  the  delusive  schemes  of  coauaeroal 
BtoDopoly,  with  which  we  have  been  so  elo- 
quently amased,  will  very  sooa  vanish,  ^  like  the 
baseless  fabric  of  a  visioa ;"  and  with  them,  all 
the  beaeficial  consequencea  which  we  had  so 
fondly  anticipated. 

In  reference  to  the  great  agrtcaltnral  iaterest 
of  the  country,  Mr.  P.  saw  no  mdacement  whieh 
ought  to  predpitate  us  into  a  measure  of  doabl- 
lal  policyi  in  aid  of  the  revolutionary  colonies. 
We  have  extensive  and  fertile  territories,  yet  la 
populate,  capable  of  jiddiag  the  richest  prodae«- 
Hoos  of  the  earth.  Let  us  dispose  of  these,  and. 
as  far  as  practicable,  condense  the  physical 
strength  of  the  Republic.  The  head  of  indamy 
is  nerved  by  the  ravenous  demand,  which  exists 
in  every  part  of  Europe,  for  the  raw  malariala 


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SpoMnuh  Awuincoin  PvofriMcn* 


March,  1818. 


with  which  we  aDaotUy  supply  th^m.  The  la* 
borer  is  rewarded  beyond  the  example  of  any 
former  period.  Mr.  P.  asked,  if  a  state  of  pros- 
perity and  tranquillity,  like  that  we  now  enjoy, 
ought  to  be  jeopardized  in  the  pursuit  of  objects, 
which,  so  far  as  they  favored  the  cause  of  per- 
sonal liberty,  came  in  collision  with  the  best  in* 
terests  of  the  United  States.  Suppose,  sir,  the 
fine  provinces  of  Mexico  in  our  immediate  neigh- 
borhood are  opened  to  the  plough,  and  the  inhabi- 
tants engage  in  the  active  pursuits  of  agriculture, 
unrestrained  by  the  arbitrary  hand  of  power,  by 
which  their  energies  have  been  so  long  para- 
lyzed, what  would  the  effect  of  that  happy  change 
in  their  condition  be  on  the  productions  of  our 
own  country?  A  competition  in  the  important 
staples  of  cotton,  sugar,  tobacco,  and  flour,  which, 
by  increasing  the  quantity  for  exportation  to  Bu- 

Xn  markets,  would  necessarily  diminish  their 
,  and,  in  the  same  proportion,  depress  that 
branch  of  labor  which  is  the  only  solid  basis  of 
national  and  individual  wealth.  These  resulu 
will  unavoidably  flow  from  the  success  of  the 
revolutionary  struggle  in  Spanish  America.  Mr. 
P.  wished  not  to  to  understood  as  urging  these 
considerations  in  opposition  to  the  just  claim 
which  the  oppressed,  in  all  countries,  have  to  dis- 
solve the  political  bands  which  bind  them  to 
their  oppressors.  He  meant  merely  to  remove 
the  impression  which  had  been  attempted  to  be 
made,  that  the  people  of  this  country  were  deeply 
interested  in  the  issue  of  the  conflict  between 
Spain  and  her  revolting  colonies.  He  could  per- 
ceive no  pecuniary  advantages,  either  commer- 
xiai  or  agricultural^  which  we  should  derive  from 
the  overthrow  of  the  Spanish  authorities  in  Mex- 
ico, New  Grenada,  Chili,  or  the  United  Provinces 
of  the  Bio  de  la  Plata,  or  in  any  other  part  of 
her  South  American  possessions.  But  he  aid  not 
rest  his  argument  on  calculations  of  proflt  and 
lossj  he  wished  the  patriots  every  success  in 
their  noble  effort  to  erect  for  themselves  inde- 
pendent governments ;  he  believed  they  must  ul- 
timAtely  triumph  over  the  imbecile  monarch  who 
now  so  ingloriously,  and  so  infamously  wields 
the  destinies  of  Spain.  The  question  then  re- 
curs, will  the  amendment  offered  by  the  honora- 
ble Speaker,  if  adopted,  give  strength  to  the  pa- 
triot cause?  He  humbly  conceived  not,  and 
expresaed  his  decided  opinion,  that  it  would  be 
productive  of  consequences  injurious  to  those  for 
whose  beneflt  it  was  introduced.  He  conceded 
the  doctrine  maintained  bv  the  honorable  mover, 
that  we  have  an  undeniable  right,  if  these  dis- 
tricts, or  colonies,  have  actudly  succeeded  in 
eatabliahing  their  independence,  to  acknowledge 
the  fact,  and  to  treat  them  with  that  respect  due 
to  the  rank  which  they  may  have  acquired. 
Such  an  act  would  not,  m  itself,  be  just  cause  of 
war  to  Spain,  or  any  other  Power ;  because,  if 
we,  in  other  respects,  maintain  a  strict  neutrality, 
the  mere  recognition  of  an  existing  fact  in  rela- 
tion to  the  belligerent  parties,  would  neither 
weaken  or  invigorate  eitner  or  them ;  it  would 
be  entirely  harmless  apd  innocent.  But  it  is  not 
•lUNigh  to  show,  that  we  possets  the  abstract 


right  to  take  this  step^  it  ought  likewise  to  appear 
from  unequivocal  official  testimony,  that  theso 
provinces  are  ip9o  facto  independent,  and  in  the 
lace  of  the  world  stand  absolved  from  their  alle- 
giance to  the  Spanish  monarch.  Is  this  the  eoA* 
dition  of  the  people  of  the  United  Provinces  of 
the  Bio  de  la  Plata? 

What,  Mr.  Chairman,  is  the  nature  and  extent 
of  the  evidence  on  which  we  are  to  pronounee 
this  fact,  and  pledge  the  national  responsibility 
for  its  existence  ?  Newspaper  publications,  ex^ 
tracts  of. letters,  bulletins  or  the  Commasder-in- 
Chief  of  the  Bevolutionary  forces,  and  the  mes- 
sage of  Pueyrredon,  who  styles  himself  the  su- 
preme director  of  the  Bepublic  of  La  Phitai 
And,  sir,  those  scraps  are  ingeniously  arranged, 
and  gravely  offered,  as  the  foundation  of  a  meas- 
ure involving  the  consistency,  the  honor,  and  per- 
hai^  the  peace  of  the  nation.  Mr.  P.  protested 
against  this  premature  and  unauthorized  proceed- 
ing. The  introduction  of  a  new  sovereign  amonff 
the  nations  of  the  earth  it  a  measure  Of  no  ordi- 
nary character ;  it  has  ever  been  adopted  with 
great  caution  and  circumspection ;  and  it  would 
be  folly  and  madness  in  this  Government  to  vol- 
unteer in  83  hazardous  an  enterprise,  without  a 
full  knowledge  of  every  circumstance  essential 
to  its  vindication^  founded  on  incontestable  docu- 
menu,  about  which  no  subsequent  controversy 
can  arise.  Let  us  hesitate  in  a  case  of  so  much 
delicacy,  and  maturely  calculate  the  consequences 
before  we  involve  the  people  of  this  country  in  a 
dilemma  from  which  there  is  no  retreat.  Past 
experience  will  justify  the  declaration,  that  al- 
though the  mere  recognition  of  a  new  Power  is 
not,  according  to  the  principles  of  public  law, 
justifiable  cause  of  war,  nine  times  out  of  ten  it 
leads  to  war.  Sir,  if  you  introduce  a  stranger 
into  a  drawing-room,  or  other  genteel  society, 
you  identify  him  with  yourself;  you  are  secarity 
for  his  good  behaviour ;  and  if  he  prove  a  vaga- 
bond, or  swindler,  your  own  dignity  and  repitu- 
tion  sustain  no  inconsiderable  reproach.  Shall 
we  enter  info  recognizance  for  the  supreme  di- 
rector of  La  Plata,  give  him  the  right  hand  of 
fellowship,  raise  him  into  factitious  consequence, 
and  then  embark  in  his  quarrels  to  save  ourselves 
from  disgrace?  Bemember,  sir,  that  France, 
during  the  Bevolution,  after  much  deliberation, 
acknowledged  our  independence,  and  concluded 
with  us  a  commercial  treaty.  JSngland  did  not 
wait  to  inquire  into  the  motives  of  the  French 
Government,  nor  to  discuss  the  belligerent  char- 
acter of  these  transactions ;  but  the  signal  for  war 
was  immediately  hoisted,  and  hostilities  com- 
menced  between  the  two  nations.  Are  we  pre- 
pared for  similar  results,  and,  if  we  are,  what 
adequate  inducements  have  we  for  the  sacrifice, 
either  in  our  own  country,  or  the  people  whom 
we  profess  to  serve  ?  Our  feelings  are  approached, 
and  our  sympathies  excited,  by  the  high  sound- 
ing terms,  liberty  and  republicanism.  Our  free 
institutions  are  said  to  be  imitated,  and  our  coun- 
trymen revered,  in  our  sister  Bepublic  of  La 
Plata.  Would  to  Ctod,  Mr.  Chairman,  that  suchi 
in  reality,  were  the  principles  and  habits  of  theae 


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Spa$iuh  American  Pnmncm, 


H.OPB. 


vafortuiiate  people !  The  statetmaD,  deroted  to 
the  amelioration  of  the  conditioD  of  mankiDd,  and 
the  downfall  of  tyranny  throngboat  the  ciTilized 
world)  mi^bt  look  with  pride  and  pleasure  on 
their  exertions,  if  a  reasonable  and  well-founded 
expectation  coold  be  indulged,  that  they  would 
eventuate  in  the  establishment  of  a  Constitution 
like  that  whieh  secures  to  us  the  free  enjoyment 
of  all  that  is  dear  to  man — his  life,  liberty,  |>rop- 
ert]^,  and  the  religion  of  his  choice.  What  inai- 
oations  hare  they  given  of  attachment  to  the 
fundamental  principles  of  free  OoFcrnment  ? 
Are  the  people  represented,  or  their  rights  de- 
fined, or  tribunals  established,  responsible  for  an 
apright  and  impartial  administration  of  the  laws  I 
No,  sir !  Pueyrredon,  the  supreme  director,  is  a 
military  chief,  who  rules  his  miserable  subjects 
with  a  rod  of  iron.  He  makes  the  law,  defines 
it,  and  enforces  the  execution  of  his  decrees  at 
the  point  of  the  bayonet.  Property  is  held  by 
the  insecure  tenure  of  his  will,  and  e? en  the  sanc- 
tity of  prirate  correspondence  is  Tiolated  under 
the  serere  regulations  of  this  jealous  and  arbi- 
trary ruler. 

In  the  rariout  transmuutions  of  power  which 
hare  marked  the  progress  of  this  rerolution,  per- 
aooml  ambition,  and  not  the  good  of  the  people, 
seems  to  hare  been  the  great  desideratum.  At 
this  moment,  no  one  can  say,  with  certainty,  who 
is  in  poeaession  of  the  sceptre,  nor  whetner  a 
Minister  from  this  country  would  be  received 
and  respected ;  for,  notwithstanding  ail  that  has 
been  said,  as  to  the  veneration  felt  in  this  sister 
Republic  for  citizens  of  the  United  States,  those 
who  had  ventured  to  hazard  the  experiment  either 
returned  to  their  own  shores  with  broken  for- 
tanes  and  melancholy  disappointment,  or  re- 
mained degraded,  neglected,  and  suspected,  and, 
in  some  instances,  have  found  an  asylum  in  the 
confines  of  a  loathsome  dungeon.  Mr.  P.  could 
porceive  nothing  which  ought  to  induce  the  Com- 
mittee to  plunge  this  country  into  an  alliance 
with  a  Qovemment  so  doubtful  in  iu  subility, 
and  so  little  resembling  the  vivid  description 
whieh  had  been,  as  he  conceived,  incorrectly 
given  of  it  by  the  honorable  Speaker ;  and  he 
contended  further,  that,  if  all  which  had  been 
advanced,  to  show  the  commercial  and  political 
interest  which  we  have  in  the  independence  of 
Spanbh  America  should  be  admitted,  yet  it 
would  be  worse  than  useless,  at  this  time,  to  send 
•  Minister  to  the  Rio  de  la  Plata.  The  efihcts 
of  the  measure  might  be  productive  of  serious 
embarrassment  to  those  provinces.  We  do  not 
iatend  to  offer  them  assistance  in  men,  money, 
or  ships  of  war.  We  cannot  add  to  their  strength 
or  afford  them  greater  facilities  in  procuring  arnw 
and  msnitions  of  war,  than  they  at  present  pos- 
sets; they  hare  already  free  access  to  our  ports, 
and  while  here,  they  receive  the  protection  which 
is  extended  to  the  flag  of  every  other  friendly 
Power.  We  maintain  towards  them  the  rela- 
tions of  impartial  neotralitjr,  tnd  place  them,  in 
all  respects,  on  an  equal  footing  with  the  monarch 
against  whom  they  are  contending.  The  formal 
ezehangt  of  diplomatic  agents  could  not  produce 


one  solitary  benefit,  or  enlarge,  in  the  smallest 
degree,  the  privileges  enjoyed  under  the  existing 
laws  and  regulations  respecting  all  the  colonies  or 
districts  of  people  in  South  America.  But,  said 
Mr.  P»  the  most  deleterious  consequences  may 
flow  from  an  attempt  to  incorporate  this  new 
partner  into  the  Contederacv  of  nations.  Hith- 
erto the  combined  Powers  of  BUtrope  have  looked, 
with  folded  arms,  on  the  war  raging  between 
Spain  and  her  colonies ;  they  have,  with  the  sin- 
gle exception  of  Bngland,  very  little  interest  in 
the  event  of  the  contest ;  and  England  is  pre- 
pared to  take  either  side  which  shaU  open  to  her 
the  best  prospect  of  commercial  emolument. 
Will  the  same  indifference  be  felt  when  the  uni- 
ted provinces  of  the  Rio  de  la  Plata  claim  the 
rank  of  a  free,  sovereign,  and  independent  State, 
and  exhibit  the  parchment  of  the  United  States 
in  support  of  their  pretensions  7  He  thought  it, 
at  least,  extremely  probable  that  a  stride  so  sud- 
den and  unexpectea  might  excite  the  jealous  ap^ 
prehensions  and  arouse  the  sleeping  energies  of 
that  band  of  legitimates,  who,  having  subjugated 
the  Old  World,  have  time  and  leisure  to  regulate 
the  affairs  of  the  other  hemisphere.  Is  it  com- 
patible with  sound  and  prudent  policy  to  agitate 
a  question  which  may  bring  on  our  own  country 
the  calamities  of  another  war,  and  unite  the 
crowned  heads  of  Burope,  now  tranquil  and  pas- 
sive, in  crushing  the  revolutions  which  otherwise 
might  terminate  in  the  emancipation  of  Spanish 
America  ?  Sir,  the  measure  is  fraught  with  in- 
calculable mischief,  and  cannot  be  justified  either 
on  the  ground  of  principle  or  facts,  so  far  as  they 
have  come  to  our  knowledge  through  any  regular 
official  channeL 

The  form  of  Government,  Mr.  P.  said,  in  tl^s 
new-fangled  Bepublic,  is  not  such  as  to  raise  a 
single  emotion  of  sympathy  j  its  durability  is  alto- 
gether a  matter  of  conjecture,  and  no  valuable 
object  can  be  attained  by  its  recognition.  Why, 
then,  Mr  P.  asked,  should  we  precipitately  take 
an  attitude  which  subsequent  information  might 
oblige  us  to  relinquish,  and  thereby  subject  mis 
Qovernment  to  reproachful  imputations,  deroga- 
tory to  the  hi^h  character  which  it  has  ever 
mainuined  for  justice,  magnanimity,  and  unsha- 
ken firmness  1  Mr.  P.  proceeded.  He  felt  the 
greatest  anxiety  for  the  independence  of  every 
portion  of  the  continent  of  North  America,  with- 
out regard  to  the  particular  institutions  which 
they  might  adopt  for  their  own  government.  He 
wished  to  connne  the  Powers  of  Burope  to  the 
boundaries  which  nature  had  prescribed,  aad  to 
establish  an  American  confederacy  of  sovereign- 
ties^ uncontrolled  by  the  doctrines  of  Buropean 
pohcy.  Such  a  change  in  the  state  of  the  world 
would  be  highly  favorable  to  human  happiness  $ 
it  would  promote  the  progress  of  science  and  the 
diffusion  of  liberal  principles  over  countri«B  en- 
veloped in  ignorance,  bigotry,  and  superstition* 
But,  Mr.  P.  differed  in  opinion  with  those  honor- 
able gentlemen  who  seemed  to  imaji^ine  that  the 
provinces  of  Spanish  America  would  follow  our 
example  in  the  freedom  of  their  institutions,, 
ahould  they  succeed  in  the  establishment  of  thttr 


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fa^pwdeacfe  8fioh  t  refonMiioii  ean  <Hilf  h% 
Wfccted  bf  ^rtdual  etterotctittetti  on  theh*  sti- 
ei«Bl  cttftoiM  add  osages,  with  wliieh  lli«)r  btf« 
Wtotte  famiMtr,  mkI  freoi  which  ibtf  will  Dot 
•ttddenlsr  depart.  Mr  P.  oalM  tha  atiaiition  of 
fMtlemen  lo  the  ezperimeou  already  «ade.  and 
eaiiaaiaUy  that  in  Ifezieo,  wfaoae  prozim^f  to 
t«i  Uaited»State»readered  it  more  prohahte  that 
avr  form  of  foTernaieot  would  he  understood 
Old  appreciated.  T^ey  had  a  eoastitotioB,  ma* 
tvrad  voder  the  aaapiees  of  sereral  enlightened 
eltizeasof  the  United  States;  hot  it  waefbmid 
t»beinipractieabie  to  out  sDf  system  i&  operation, 
withottt  ft  departort  nam  the  ftmdamental  prin* 
elplea  of  ft  free  conttiiation.  Religious  tokra- 
tlon  was  seoat^,  as  aliocether  iaadmissihie,  and 
itveeoneilable  with  the  habits  of  the  people.  The 
CfttboUe  reHgion  was  estaibliehed ;  the  trial  by 
Jarr  unpioTiled  for,  and  the  written  instrament 
whieh  oiey  had  promulgated  to  the  world  con* 
iMoed  scarcely  a  single  republican  leaturew  They, 
ISO,  had  their  Congress,  polMishod  their  manlfes- 
10,  mid  iMited  all  the  nations  of  the  world  to 
omhriee  their  cause  and  assist  in  ezpelliag  rh^ 
nyal  forces.  Where  then  was  the  redeeming 
mrft  of  tha  West,  that  it  did  not  invoke  the  Na- 
tional Councils  to  acknowledge  the  Mexiofan  Re* 
publia,  and  send  a  Minister  with  a  suitable  outit 
aad  salary  to  represent  us  at  that  Court  ?  They 
had  stronger  claims  on  us,  and  were  better  enti- 
tled to  our  co-operation  than  are  the  United 
Provinces  of  the  Rio  de  la  PlaU.  And,  sir,  We 
have  seen  the  faul  error  into  which  we  should 
have  Mien  had  the  course  now  recommended  by 
the  honorable  Speaker  been  adopted  in  relation 
to  Mexico.  Internal  feuds  arose;  the  Congress 
wms  dissolred ;  everythior  like  order  was  pros- 
trated ;  the  patriot  forces  dispersed, and  our  Min- 
ister, on  his  arriral,  would  bare  been  puzzled  to 
iad  ft  Supreme  Dktetar  to  whom  he  might  de- 
lifer  his  credentials^  make  bis  debut,  and  claim 
an  audience  of  leave.  Since  that  period  the  com- 
mand of  the  revolutionary  army  nas  been  traas- 
tefed  from  one  General  to  another ;  some  have 
heeaae  traitors,  and  others  have  fallen  in  battle, 
or  been  massacred  b^  the  inexorable  Spaniard  ; 
attd,  if  oor  ioformauoa  be  correct,  the  spirit  of 
•asistaoce  to  the  authority  of  Spain  in  that  qaar- 
tnr  b  almost  cttiiRly  extinct.  We  are,  howefer, 
told  tOHlay,  thftt  Miua  stiH  lives,  and  continues  to 
pmaaeute  the  war  with  increased  vigor.  Sir, 
there  is  too  atuch  reason  to  doubt  the  correctness 
of  this  intelligence ;  but,  if  it  be  true,  every  heart 
must  beat  with  auzious  wishes  for  bis  success  in 
ftoausesojust  as  that  in  which  he  is  engaged. 
The  people  of  Mezico  want  no  fore^  aid,  if 
they  ftre  united  in  their  opposition  to  the  feeble 
monarch  by  whose  minions  they  are  oppressed. 
Siz  millioas  of  inhabitants  need  only  will  It,  and 
they  must  be  fVee ;  bat,  divided  in  sentiment  as 
they  are,  without  a  union  of  action  and  of  object, 
shcuid  we  send  an  army  into  their  country,  in 
•Id  of  the  patrtois,  it  would  be  nece:isary  first  to 
conouer  the  natives  into  a  knowledge  and  love 
of  freedom,  and  then  the  royal  mercenaries 
would  fall  uneaay  sacrifice.    Much  as  he  desired 


to  hasten  the  period  of  their  enuuic^pafieii,  Bir. 
P.  said  he  was  not  disposed  to  distnrb  tbe  e&vl»- 
bio  and  pmpevous  oondiiioa  of  his  own  camKty 
by  engaging  in  these  quixotic  expeditions;  bfo 
pnuMiry  unty  on  this  floor  wus  to  ^«ard  with  id- 
gilmice  the  rights  uod  iufterests  of  his  couMltiieam 
and  die  natioa  at  large,  avoiding  all  unneciswaiy 
oolUsioos  with  foreign  Powers.  He  was  wtHiiig 
to  treat  the  revolting  colonies  of  Sptlu  in  pre- 
cisely the  same  manuer  that  France  trevted  las 
in  the  watv  of  the  Revolution,  and  as  we  treated 
France  in  the  commencement  of  her  RevoNitloo. 
Mr.  P.  took  a  rapid  view  of  tbe  ovents  of  the 
wmr  which  termtnated  in  our  separation  from 
C3f«at  Britain,  aud  undertook  to  show,  from  chm 
history  of  that  intersstinc  epoch,  that  our  condudt 
in  relation  to  the  united  provinces  of  the  Rto  4m 
la PfaMLhad  surpassed  in  liberalily  the eznmole 
of  the  French  GovernoMnt  townrds  us.  undur 
similar  circumstances.  <*  Tery  eattv  in  the  con- 
'  test,  the  ftttetition  of  America  had  been  direeiad 

*  to  foreign  Powers,  nnd  particularly  to  France. 

*  The  ftbMUte  want  of  arms  and  ammiroitkin,  and 

*  the  impossibility  of  obtaining  an  ftdeouate  supply 
'  of  (hose  urtioles  kff  ordinary  means,  had  mdoced 
'  the  appointment,  in  1770,  of  agents  to  fproenm 
*'  military  stores  ahread,  whose  commuucnttea 
'  were  with  a  secret  committee,  empoweved  to 
'  correspond  with  their  friends  in  GkeM  Britain, 
'  hekad,  and  o^er  pnrts  of  the  world*  Soon 
'  aftereerds,  Mr.  Silas  Deane  was  dqwted  So 
'  Fr«noe,  as  a  pditioal  nnd  commercinl  egent. 

*  He  arrived  in  Paris  in  the  Spriojgr  of  1775,  with 
'  instructions  to  sound  the  dispositions  of  the  Oab- 

*  ioet,  on  the  ezisting  controversy  between  Gkent 
'  Britain  and  her  colonies,  and  to  endeavor  to  oh* 
'  tain  supplies  of  military  stores."  Our  agent  was, 
it  is  true,  received,  and  permitted  to  iMd  thine 
vesseb  with  military  stores,  but,  before  they  sailed, 
the  order  for  this  accommodation  was  suspended, 
and  the  supplies  were  obtained  by  secret  meaaa, 
without  the  open  sanction  of  that  Ghivenimeac 
The  French  Cabinet  proceeded  with  great  sautiea 
in  every  step  which  ihey  took  to  favor  the  oanse 
of  America;  always  keeping  in  fi^w  their  own 
interest,  and  making  that  alone  the  standnrd  ef 
their  pMicy.  Tbe  idea  of  sendiag  a  Minister  So 
this  country,  never  entered  into  the  tmeginntte 
of  any  one,  either  in  France  or  Ameiida.  Me 
Eevolotionary  Congress  took  the  lend  4n  ovuiy 
measure jidcniated  to  concMiate  the  sepport  m 
foreign  Powers.  They  demanded  nothiag,  ner 
did  they  ezpectenythin|^,  on  the  score  of  eti^etle. 
Acting  on  these  principles,  as  soon  as  they  4mmI 
come  to  ft  resolution  in  fuvor  of  the  declaratlen 
of  independence,  a  committee  was  appeioted'  to 
prepare  the  plan  of  a  treaty  to  be  proposed  to  far- 
eign  Powers^  which  nfter  mature  deliheraftinn, 
was  agreed  to,  and  Ministers  were  appointed  to 
negot  iate  the  treaties  proposed.  Doctor  Frenhlin, 
Mr.  Deane,  and  Mr.  Jefierson,  were  chosen  to  nc^ 
complish  this  important  object.  The  result  is 
known  to  all.  The  Commercial  Treaty  with 
France  was  followed  up  bv  one  of  alliance,  offhn- 
sive  and  defensive,  and  she  from  thftt  naoment 
became  tdeatified  with  us,  in  the  great  atvuggle 


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which  Meored  the  liberties  of  Mr  eoantrj .  Have 
we  not  mftiufested  correspondipff  dispositieos  to* 
wmrds  the  oolonies  of  Spain,  with  a  fraaknets  and 
candor  wkieh  teeks  no  eoncealmeat  behind  the 
eanain  of  diplomatic  intrifiie  1  We  openly  avow 
oar  partialiCf  for  their  caoee,  and  offer  up  our 
pvay  ere  for  their  success.  They  hare  sent  as  conn* 
mercial  and  political  afems,  who  have  been  re* 
eatred  aod  treated  with  erery  mark  of  inspect ; 
their  communications  are  eeosidered  with  atten- 
tion, and  everything  which  they  ask,  not  incoa- 
amtent  with  the  aatioaal  interest  aod  honor,  is 
accorded  to  them.  If  they  want  arms  mad  ammo- 
aition,  or  military  stores,  of  whatsoever  descrip- 
tion! oar  ports  are  thrown  opea  for  them,  and  oar 
citizens  are  ready  and  anxioob  to  supply  them 
with  all  that  the  country  aibrds;  their  flag  is 
lespeeted,  their  prwerty  and  their  paople  protect- 
edy  while  within  the  ^risdietional  limits  of  the 
United  States.  The  Supreme  Director  of  La 
Plata  has,  at  this  time,  here,  a  commercial  and 
political  i^nt,  whose  eorrespondence  with  Mr. 
Adams,  the  Secretaiy  of  Slate,  has  been  submit- 
tod  io  Congress  b^  die  Pr^si^snt.  He  does  not 
claim  to  he  recognised  as  the  Minister  of  his  Qov- 
eimaint,  authorised  to  enter  into  any  tipeaty  of 
oomjpact  whaterer.  And  shall  we  compromit  the 
dignity  of  thi^  nation,  by  sending  an  accredited 
Bii^dster  with  full  powers,  to  a  couatry  not  yet 
known  on  the  map  of  nations,  even  before  we  are 
called  on  to  receive  one  of  a  similar  character, 
from  the  new  €k>vemment,  said  to  be  erected  in 
that  counuy,  under  the  control  of  a  military  chief, 
whose  power  may  be  swept  away  by  the  issue  of 
a  single  battle?  Sir,  said  Mr.  P.,  such  a  prece- 
dent IS  aot  on  record;  It  is  in  defiance  of  all  ex- 
perienecL  in  the  changes  to  which  political  socie- 
ties are  iiable,  and  their  transitions  from  one  form 
of  government  to  another.  The  proud  Republic 
of  France^  with  her  eonquerii^^  armies,  sweeping 
everything  before  them  with  the  besom  of  destruc- 
tioo^  despatched  a  Minister  to  the  United  States, 
before  4he  expected  an  acknowledgment  from  us 
of  her  independence.  Mr.  Qenet,  in  addition  to 
hla  other  diplomatic  functions^  was  chawed  with 
a  stand  of  colors,  to  be  presented  to  President 
WAaamoTOH,  as  a  testimonial  of  the  high  esti- 
macioa  in  which  both  himself  and  his  counuy 
Woie  held  by  Republican  Fraace.  These  flatter- 
lag  oveHuree  were  met  in  a  omnner,  and  with  a 
proasptiaHk,  calM  for  ^  an  occasion  so  grateful 
loihe  noble  feelkigB  of  the  Father  of  his  C^uotry. 
A  GahiAetCoaaoirwas  convened,  and,  after  solemn 
deiibevation,  the  French  Repablic  was  recognised, 
aod  the  distinguished  citizen  Who  now  enjoys  the 
iif»c  honors  of  the  nation  was  designated  to  rep- 
reooot  oor  interest  at  that  Court  But  what,  at 
that  intaresting  crisis,  would  have  been  thought 
of  a  proposition  in  the  House  of  Representatives 
appropriating  a  salary  and  outfit  for  a  Minister  to 
^laaoe^  aalerior  to  an  intimation  of  a  wish,  on 
hor  part,  to  reciprocate  with  us  the  relations  of 
amity  ?  He  could  not  believe,  that  it  would  have 
foond  an  advocate  in  the  most  enthusiastic  admi- 
roff  of  the  French  Revolution.  The  subject  was 
thtaleft,  where  it  properly  belonged,  to  the  sound 


discretion  of  the  Execottve  deaartment,  ehavgeA 
by  the  Coastitation  with  the  discharge  of  those 
particular  doiies.  And  yet,  sir,  we  are  referred 
to  the  examp4es  of  these  revolutions  to  jusiifv  4 
dirsct  violation  of  every  precedent  which  Ihey 
furnish,  by  resolving  to  send  a  Minister  to  the 
united  provinces  of  Rio  de  la  Plata,  in  recarn  for 
her  commercial  and  political  agent,  at  a  tbm^ 
when  all  the  horrors  of  a  bloody  civil  wwr  stitt 
rage,  even  among  these  very  provinces ;  where 
force  and  fear  are  the  only  guarantees  of  powei;. 
and  the  events  of  a  single  day  any  unhiage  all 
that  has  been  gained  by  a  ten  years'  war.  Aod 
we  have  yet  to  learn  the  practical  good  which  is 
expected  to  flow  from  this  innovation  on  the  es- 
ublished  usages  of  nations.  The  friends  of  the 
proposed  amendment  daim  for  it  the  amiali^  at- 
tributes of  innoceice  and  charity;  and.  thus  d«i- 
orated,  they  offer  it  as  a  sacrifice,  on  the  altar  of 
feeling,  to  the  sacred  cause  of  tibevty.  The  hoo^ 
orable  Speaker  seems  to  imagine,  that  it  mil 
produce  a  powerful  moral  effect,  and  nerye  the 
arm  of  the  photic  soldier  with  firevh  rigor  and 
energy.  Sir,  it  is  a  melanehcly  feet,  that  tha 
people  of  these  provinoes  are,  in  geneml,  ignoraiit 
of  ail  the  transacttons  oi(  the  dviliMd  world ;  fhey 
are  incapablie  of  estimatlag  the  value  of  anything 
Which  does  not  afford  them  immediate  relief;  and 
it  is  extremely  probable,  that  not  oae^tenth  of 
them  will  either  know  tnat  we  have  a  Minister 
in  their  country,  or  feel  the  smallest  interest  whe- 
ther we  have  or  not.  The  moral  inflaence  of  the 
measure  will  be  lost  on  them.  Poeyrredon,  the 
Supreme  Director,  if  he  be  a  man  of  talents,  and 
we  have  reason  to  think  him  so,  will  derive  but 
little  consolation  from  the  parchment,  on  wbioh 
will  be  written  the  credentials  of  oor  Minister,  or 
the  empty  resolatioas  of  Congress,  assigning  to 
him  rank  and  consequence,  without  the  means  cf 
maintaining  it.  He  is  well  aware,  that  we  add 
not  a  man  to  his  armies;  aot  a  ship  to  his  aary ; 
nor  put  a  ceat  into  the  vaults  of  his  treasury.  He 
is  not  ignorant  of  the  solicitude  which  is  felt  bjr 
everv  cmss  of  citizens  in  this  country  for  the  tn- 
umph  of  Republican  principUs  throughout  the 
world,  and  we  can  impart  to  bim  no  other  moral 
motive  which  wonld  be  worthy  of  his  aoceptance. 
Mr.  P.  next  proceeded  to  consider  this  lyoes- 
tioa  in  reference  to  the  distributioa  of  powevs 
conided  by  the  Constitution  to  the  several  De- 
partments of  the  Government.  By  the  Sd  see- 
tioa  of  the  ^  article  of  the  ConsiitotioQ,  tlie 
President  is  vested  with  power  to  "nominfate,^ 
'  and,  by  and  with  the  advice  and  oonsevt  of  the 
'  Senate,  to  appoint  Ambassadors,  other  pohttc 

*  Ministers,  and  Consuls,  Judges  of  the  Supreme 
'  Court,  and  all  other  oflacers  not  herein  provided 

<  for,  aad  which  shall  be  established  by  law.  Bat 
'  the  Congress  ma^,  by  law,  vest  the  appoint- 
'  meat  of  soch  inferior  officers  as  they  think  pn>- 

*  per,  in  the  President  alone,  in  the  courts  of  law, 

<  or  in  the  heads  of  departments."  The  amend- 
ment consists  of  two  parts :  First,  an  appropria* 
tion  of  eleven  thousand  dollars ;  and  second,  it 
proposes  to  vest  the  President  alone  with  author- 
ity to  send  a  Milliter  to  the  Rio  do  La  Plata, 


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Masob,1818. 


whenerer  he  shtii  deem  it  expedient  to  do  lo. 
Jf  the  object  be  to  place  the  amonot  of  money 
proposed  to  be  appropriated  at  the  disposal  of 
^the  Executive,  it  could  be  attained  by  simply 
makioff  that  addition  to  the  contingent  fund ; 
it  wotHd,  in  that  case,  be  expended  or  not,  ac- 
cording to  the  exigencies  which  might  arise  in 
the  recess  of  Congress.  But  if,  taken  in  connex- 
ion with  the  sub^uent  part  of  the  amendment, 
it  is  intended  to  clothe  tpe  President  alone  with 
power  to  appoint  a  foreign  Minister,  then  it  is 
manifestly  unconstitutional,  and  oueht  not  to  be 
adopted.  The  power  to  appoint  Ambassadors 
and  other  public  Ministers,  can  be  exercised  only 
"  by  and  with  the  advice  and  consent  of  the  Sen- 
ate ;"  and  it  would  conflict  with  the  express  let- 
ter of  the  Constitution  to  vest  it,  by  law,  in  the 
President  alone.  These  high  and  responsible 
public  functionaries  cannot  m  classed  among  the 

grade  of  inferior  officers,  whose  appointment  may 
e  civen  to  the  "  President  alone,  or  to  the  Heads 
of  i>epartments.''  Such  an  exposition  of  the 
Constitution  is  inadmissible,  if  we  regard  either 
the  letter  or  spirit  of  that  instrument ;  and  if  we 
sanction  the  principle  of  the  amendment,  the 
power  to  appoint  this  new  Minuter  might,  with 
equal  propriety,  be  vested  in  the  Secretary  of 
Sute,  or  anv  other  Head  of  Department.  He 
contended,  that  the  President  wanted  no  act 
of  legislation  to  enlarge  his  powers,  whenever 
he  deemed  it  expedient  to  send  Ambassadors  to 
foreign  countries.  No  such  appointmeot  can  be 
made  without  the  concurrence  of  the  Senate, 
and  if  they  approve  it,  the  salary  and  outfit  are 
already  provided  for,  by  a  general  law,  and  need 
not  the  aid  of  a  special  appropriation.  Sir,  the  pro- 
position is,  in  iuelf,  nugatory,  unless  we  consider  it 
directory  to  the  President,  on  a  point  of  duty  de- 
volved on  him  by  the  Constitution ;  it  casts*  an 
indirect  censure  on  the  Executive  for  neglecting 
to  fulfil  the  obligations  which  we  feel  to  acknow- 
ledge the  independence  of  this  new  Power  in 
South  America.  Foreign  nations,  and,  perhaps, 
our  own  citixens,  will  imbibe  that  impression, 
and  the  Chief  Blagbtrate  will  be  considered  as 
having  incurred  the  frowns  of  the  Representa- 
tives of  the  people,  whose  interposition  has  Be- 
come necessary  to  urge  that  high  officer  to  a 
faithful  discharge  of  the  triist  proposed  in  him 
by  his  countrymen.  Mr.  P.  was  far  from  attri- 
botinff  such  sentiments  to  the  advocates  of  this 
amendment,  but  the  inference  was,  to  his  mind, 
irresistible.  He  saw  no  foundation  on  which  to 
rest  the  slightest  imputation  on  the  President, 
whoae  cautious  and  prudent  policy  merited  the 
approbation  of  an  enlightened  people.  Our  neu- 
tral relations  between  the  belligerent  parties  had 
been  maintained  with  impartiality.  No  privi- 
lege, enjoyed  by  Spain  was  withheld  from  her 
colonies,  which  could,  in  any  manner,  favor  the 
hostile  operations  of  either.  A  special  mission 
has  been  instituted,  composed  of  three  distin- 
guished citizei^s,  to  vbit  these  colonies,  ascertain 
their  political  condition,  the  nature  and  probable 
stability  of  their  Qovernments,  and  their  report 
will  form  the  basis  of  our  suMequeni  measures 


respecting  them.  The  wisdom  of  these  precau- 
tionary steps  will  be  tested  by  time  ana  expe* 
rience ;  and,  without  the  spirit  of  prophecv,  he 
ventured  to  predict,  that  they  would  contribute, 
in  a  high  degree,  to  enlighten  our  future  deliber- 
ations, and  relieve  us  from  the  embarrassments 
into  which  we  may  be  thrown  by  the  premature 
attempt  which  is  now  made,  to  dictate  a  course 
to  the  Executive,  in  the  absence  of  authentic  in- 
formation on  the  subject  to  which  it  relates.  On 
questions  touching  our  intercourse  with  foreigo 
nations,  it  is  of  the  utmost  importance,  that  all 
branches  of  the  €k>vernment  should  move  in  . 
concert,  each  within  the  limits  prescribed  to  it 
by  the  Constitution.  But,  the  honorable  Speaker 
has  contended^  that,  in  deputing  Ministers  to 
foreign  countries,  we  possess  a  co-ordinate  will 
and  power  with  the  Executive,  in  providing  for 
the  payment  of  their  salaries,  and  he  has  referred^ 
in  support  of  his  argument,  to  laws  fixing  the  sala- 
ries or  Consuls,  and  other  public  agenu.  That 
the  Legislature  alone  possesses  the  rij^ht  to  ap- 
portion  the  salaries  of  all  offieers  acting  under 
the  authority  of  the  United  States,  will  not  be 
contested ;  but,  the  appointment  of  these  officers, 
with  a  few  exceptions,  is  confided  to  the  Presi- 
dent and  Senate.  Our  portion  of  the  duty  has 
been  long  since  performed;  we  have  regulated 
the  salaries  and  outfiu  of  foreign  Ministers,  and 
the  Executive  is  to  decide,  when  and  where  it 
may  be  necessary  to  send  them.  Mr.  Chairman, 
it  will  be  recollected,  that,  at  the  opening  of  the 
present  session  of  Congress,  the  President,  in 
order  to  prevent  all  misapprehension,  as  to  his 
opinions  on  the  subject  of  internal  improvements, 
communicated  them  freely  in  his  Missage.  He 
believed,  that  the  power  to  construct  roads  and 
canals,  within  the  respective  States,  was  not  pos- 
sessed by  Congress,  and,  therefore,  felt  bound  to 
withhold  his  signature  from  any  bill  which  might 
be  passed,  establishing  a  general  system  of  inter- 
nal improvement.  The  honorable  Speaker  con- 
demned this  premature  expression  of  the  Exeeir> 
live  opinion,  as  an  unwarrantable  encroachment 
on  the  freedom  of  legislation,  and  the  privileges 
of  the  House  of  Representatives,  to  whom  the 
right  of  originating  all  laws  was  ffiven  by  the 
Constitution.  The  President,  although  an  ia- 
tegral  branch  of  the  Legislature,  it  was  urged, 
oi^^t  to  have  reserved  his  objections  until  he 
was  called  on  to  act  in  the  reg^nuur  Coastitutionel 
order  of  proceeding.  Yes,  sir^  said  Mr.  P.,  w« 
originate  laws,  and  the  President  may.rejeeC 
them,  or  not,  at  pleasure.  And  does  it  not  equally 
belong  to  the  President  to  originate  foreign  mis- 
sions, and,  "  by  and  irith  the  advice  and  consent 
of  the  Senate,  to  appoint  Ambassadors,  and  other 
public  Ministers  7"  The  power  is  granted  in  ex- 
press terms,  and  we  have  no  other  check  on  its 
exercise,  but  by  refusing  to  make  the  neeesMUT- 
appropriations.  And  yet  the  honorable  Speaker 
claims  for  the  House  of  Representatives  the  co- 
ordinate right  to  institute  a  mission  to  the  Rio  de 
La  Plata,  and  considers  it  no  encroachment  eft 
the  powers  delegated  by  the  Constitution  to  the 
President  and  Senate !    It  remains  for  tbet  boa- 


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arable  genUeman  to  dbtiogakh  the  two  oases, 
a»d  to  TcooDcUe  the  seeraio^  iacoasistency  into 
which  he  has  falJeo. 

Mr.  P.  would  detain  the  Committee  but  a  few 
moments  looger*  We  are  told  of  the  wron^ 
which  Spain  has  committed  on  our  national  fi&f ; 
of  her  spoliations  on  our  commerce ;  of  her  vio- 
lations of  the  personal  libertv  of  onr  citizens;  her 
protracted  aegoriations^  and  ultimate  refusal  to 
do  us  justice  for  any  of  the  lonz  catalogue  of  in- 
juries of  which  we  complain,  lie  most  heartily 
coBcnrred  in  the  sentiment,  that  we  ought  to  seek 
redress  fw  these  wrongs  and  injuries.  He  would 
instantly  demand  of  the  faithless  and  treacherous 
Fesdiaand  '*  indemnity  for  the  past,  and  security 
for  the  future;"  and  u  these  just  aeaiands  were 
refused,  he  would  proceed  to  make  reprisals  on 
her  territories  within  our  reach,  as  an  indemni* 
fieatien  for  her  spoliations  on  the  high  seas,  and 
her  violations  of  treaty.  And^  sir,  ifwar  should 
be  the  consequence,  her  colonies  are  open  to  us, 
and,  in  that  event,  they  will  become  legitimate 
obj^ts  of  conquest.  Liet  war  be  proclaimed, 
and,  he  doubted  not,  that,  in  six  weeks,  without 
the  aid  of  bounties  in  land,  or  money,  an  army 
oi  thirty  thousand  hardy  sons  of  the  West  would 
be  ready  to  march  into  Mexioo,  and  drive  into 
the  ocean  every  royal  minion  who  now  revels  on 
the  snoils  of  an  oppressed  and  degraded  people. 
But  if  we  are  to  Imve  war,  said  he,  it  should  he 
made  on  the  basis  of  our  own  wrongs.  Our  ter- 
ritorial dispute,  and  other  points  of  difference 
with  Spain,  ought  not  to  be  translated  tp  the 
Rio  de  La  Plata,  New  Grenada,  Chili,  or  else- 
where, on  the  continent  of  South  America ;  but 
let  us  vindicate,  with  manly  firmness,  our  own 
rights,  regardless  of  the  consequences.  He  was 
not  alarmed  with  the  apprehension  that,  in  such 
a  war,  the  combined  sovereigns  of  Europe  would 
ennge  on  the  side  of  Spain.  England  will 
make  no  war  in  which  her  own  immediate  in- 
terest is  not  materially  concerned;  and  Spain 
can  offer  her  no  equivalent  for  the  loss  of  her 
lucrative  commerce  with  this  country.  Nor  is  it 
at  alt  probable  that  the  Emperor  of  Russia  would 
abandon  his  great  scheme  in  Europe,  and  send 
his  Cossacks  to  the  southern  coast  of  America, 
where  the  climate  itself  would  be  more  fatal  than 
the  swords  of  the  most  furious  enemy.  And,  as 
to  the  other  petty  Powers,  who  follow  in  the 
train  of  the  %itunates,  they  find  sufficient  em- 
BJoym^at  in  preserving  their  authority  at  home. 
Theijr  protests  aod  menaces  will  vanish  into 
smoke  whenever  the  period  of  action  arrives. 
Sir.  at  the  time  we  took  possession  of  that  part 
of  Louisiana  which  lies  above  the  island  of  New 
Orleans,  and  west  of  the  Perdido,  the  Minister  of 
Great  Britain  entered  his  formal  and  solemn 
protest  against  the  procedure.  We  were  then 
threatened  with  British  interposition  in  behalf  of 
His  Majesty's  ally,  the  adored  and  immaculate 
Ferdinand.  But  the  matter  ended  precisely  whejre 
it  began.  We  have  remained  in  the  occupation 
of  the  country  which,  of  right,  belongs  to  ctt,  and 
it  was  neither  made  cause  of  war.  nor  insisted  on 
at  the  Treaty  of  Qhent.  His  Majesty's  other 
15lh  Con.  lat  Ssss.— S2 


allies,  the  savages  of  the  Northwest,  were  re* 
membered,  but  the  affair  of  Florida  was  forgot* 
ten-^was  consigned  to  oblivion,  and  wholly  aban^ 
doned  in  the  negotiations.  And  such  will  alu'ays 
be  the  end  of  empty  protests,  in  which  the  party 
making  them  has  no  direct  interest.  Let  us,  theoi 
march  forward,  with  a  firm  step,  and  plant  the 
American  standard  "on  the  Perdido  and  the  Rio 
del  Norte,  the  ancient  limits  of  Louisiana;  and 
there  will  be  found  in  this  nation  both  the  will 
and  the  ability  to  sustain  our  indisputable  right 
to  these  boundaries,  against  every  combination 
which  may  be  formed  to  curtail  them.  But  he 
would  not  withdraw  the  attention  of  the  world 
from  the  substantial  grounds  of  controversy  be- 
tween this  country  and  Spain,  by  an  ilUimed 
and  useless  interference  in  the  affairs  of  her 
South  American  colonies. 

He  felt  it  a  painful  dutv.  before  he  sat  dowui . 
to  notice  a  remark  which  lell  from  the  honorable 
Speaker,  when  he  last  addressed  the  Chair.  The 
honorable  gentleman,  if  he  correctly  understood 
him,  had  said,  that  Mr.  Acuirre,  the  commereial 
and  political  agent  from  the  GKivernment  of  JUa 
Plata,  was  obliged  to  sneak  into  the  office  of  the 
Secretary  of  State,  or  obuin  secret  interviews 
with  the  President,  to  avoid  the  eye  of  Don 
OnisI  Mr.  P.  had  heard  the  observation  with 
regret.  He  was  not  the  eulogist  of  ao]r  maui 
whatever  might  be  the  official  rank  which  he 
occupied ;  but  it  was  due  to  justice  to  say  that 
the  present  Chief  Magistrate  of  the  nation  had 
ever  been  distinguished  for  frankness,  integrity, 
and  unbending  firmness.  At  the  dawn  of  man- 
hood he  had  entered  the  tented  field,  and  fought 
the  battles  of  his  country,  with  the  heroes  and 
patriots  who  achieved  the  independence  which 


we  now  emoj.    View  him  at  subsequent  periods 

legislative 
of  the  Union-^follow  him  into  foreign  countries, 


in  the  l^islative  councils  of  his  native  State  and 


as  the  representative  of  his  Gk>vernment,  at  the 
most  eoliffhtened  Courts  of  Europe,  and  we  find 
him,  on  all  occasions,  the  faithful  public  servant, 
and  the  inflexible  patriot  and  republicaa.  Re- 
turn with  him  again  to  bis  own  country,  plao^ 
in  a  high  and  responsible  station  in  the  adminis- 
tration of  its  affairs,  at  a  crisis  which  called  forth 
all  our  energies,  we  find  him  relinquishing  the 
first  office  in  the  Cabinet,  at  a  time  when  gloonar 
despair  covered  the  inhabitants  of  this  desolated 
citjr,  and,  by  assuming  the  airduous  and  periiow 
duties  of  the  Department  of  War,  he  con  tribal 
in  no  small  degree  to  the  glorious  issue  of  our  per- 
cent conflict  with  Gfrreat  Britain.  And.  Miw 
Chairman,  the  future  historian,  who  records  the 
events  of  his  life,  and  who  shall  **  nothing  extenU'^ 
ate  nor  set  down  aught  in  malice,"  will  pronounoe 
him  to  be  an  able,  upright,  and  inteilig^t  states- 
man,  whose  sole  object  in  every  situation  has 
been  the  good  of  his  country. 

Mr.  F0R6YTH,  of  Georgia,  said  he  should  be 
unworthy  of  the  confidence  now  reposed  in  him^ 
and  of  that  he  desired  to  obtain,  if  he  permitted^ 
some  remarks  which  had  been  made  to  pass 
without  reply.  The  gentleman  from  Viiginia 
(Mr.  Tvckbr)  said,  that  my  strictures  on  the. 


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cbtracter  of  the  Spauish  American  contest,  might 
have  been  spared;  while  the  Speaker  alleges 
that  I  am  the  only  person  who  has  been  unjust 
to  the  patriot  cause.  Is  it  come  to  this,  that, 
on  the  discussion  of  measures  in  this  Hali,  the 
truth  is  to  be  spared?  That  our  sentiments 
are  to  be  weij^hed,  and  phrases  to  be  minced, 
lest  they  should  fall  too  harshly  on  the  ear  of 
morbid  delicacy  ?  Injustice !  Is  it  unjust  to  vin- 
dicate the  character  of  my  own  countrymen,  de- 
graded by  a  comparison  with  persons  unworthy 
of  a  place  by  their  sides?  It  is  the  Speaker  who 
has  been  unjust — not,  indeed,  to  the  aliens  of  our 
blood,  but  to  our  fathers.  He  courted  the  inves- 
tigation which  has  been  made;  and  how  has  it 
b^n  conducted  ?  In  examining  the  origin  and 
nature  of  the  contest,  I  have  drawn  my  inforroa- 
tioQ  from  the  sources  to  which  he  directed  our 
'  attention.  Have  I  erred  in  the  statement  of  any 
fact,  or  even  colored,  beyond  its  natural  hue,  any 
event  which  has  been  related?  Had  an  instance 
of  either  kind  been  pointed  out,  the  proper  atone- 
ment should  be  made  by  a  frank  and  prompt  ac- 
knowledgment of  the  error.  Is  it  injustice  to  say, 
that  individual  liberty  is  not  the  object  of  the 
Spanish  American  contest?  What  are  the  bles- 
sings secured  to  the  people  by  the  struggle  ?  How 
have  the  ancient  laws  been  changed  to  better  the 
condition  of  the  people?  On  these  important 
points  we  have  not  been  instructed.  We  have 
heard  of  the  fertile  regions,  and  formidable  ar- 
mies, and  rich  commerce,  of  Spanish  America  ; 
but  what  is  the  condition  q/*  Me  people?  Are 
4hey  the  masters  or  the  slaves  of  the  Revolution  ? 
They  are  contending  for  political  independence, 
and  have  my  most  ardent  wishes  for  their  suc- 
cess. The  consequence  of  complete  success  may 
be  the  enjoyment  of  civil  liberty— may  be— lam 
not  certain  that  it  will.  The  condition  of  the 
people  cannot,  indeed,  be  altered  for  the  worse. 
Under  any  forni  of  government  that  may  be  es- 
tablished, they  cannot  be  more  oppressed  than 
under  the  dominion  of  Spain.  If  to  doubt  the 
most  favorable  issue  of  this  struggle  be  a  crime,  I 
am,  indeed,  criminal.  If,  to  fear  that  freedom, 
civil  and  religious,  will  not  follow,  be  censurable, 
I  deserve  reproach.  More  than  once,  in  the  last 
twenty  years,  our  sympathy  has  been  demanded 
for  the  people  of  different  nations  of  the  South, 
embarked  on  the  tempestuous  sea  of  liberty. 
What  nation  has  reached  the  place  to  which  its 
coarse  was  directed ;  the  desired  haven  of  repose, 
security,  and  enjoyment?  While  the  hearts  ot 
Che  timid  were  palsied  by  fear,  and  even  the  brave 
appalled  by  the  terrors  around  them,  some  armed 
chieftain,  or  bigoted  priest,  has  poured  out  the 
holy  oil  of  despotism,  and  bid  the  agitated  waves 
be  still.  Who,  sir,  will  venture  boldly  to  predict, 
that  the  same  scene  is  not  to  be  acted  on  the 
Southern  continent? 

The  time  has  been,  when  my  young  heart 
swelled  with  emotion  at  the  sound  of  liberty. 
But  these  days  of  youthful  delusion  have  passed, 
I  hope^  forever.  I  trust  that  I  have  now  learned 
to  distinguish  between  things  and  names.  With 
enthusiasm  undiminished,  and  a  desire  the  most 


ardent  for  the  freedom  of  all  mankind,  I  €m  no 
longer  to  be  duped  by  glorious  titles  and  endear- 
ing sounds.  In  the  course  of  a  life,  not  yet  ex- 
tended to  forty  years,  1  have  had  much  experience 
on  this  subject.  The  crenerous  sympathies  of  the 
people  of  the  United  iStates  have  been  often  de- 
manded, and  sometimes  felt,  for  those  who  were 
unworthy  of  it.  In  the  days  of  Revolutionary 
France,  age.  innocence,  genius,  and  virtue,  were 
indiscriminately  proscribed ;  heads  fell  by  thou- 
sands, as  sacrifices  at  the  shrine  of  liberty.  Con- 
suls  were  chosen  to  rule  in  the  name  of  liberty. 
The  First  Consul  was  converted  intoan  Emperor; 
he  exercised  imperial  powers  in  the  name  of  lib- 
ertv.  The  Kin^  of  Spain  was  deposed  by  France. 
and  reinstated  by  allied  Europe,  in  the  name  of 
liberty.  Napoleon  swept,  with  his  formidable 
legions,  half  the  continent  of  Europe,  marking 
his  course  with  fire  and  blood ;  this,  too,  was  in 
the  name  of  liberty.  Combined  Europe  precipi- 
tated itself,  like  a  terrible  avalanche,  on  the  plains 
of  France,  burying,  under  its  weight,  the  power 
and  the  glory  of  France;  the  power,  not  the  glo- 
ry, of  France — that  is  imperishable — in  the  name 
of  liberty.  This  experience  has  not  been  without 
its  effect.  I  do  not  permit  my  feelinn  to  be  ex- 
cited, much  less  my  conduct  to  be  influenced  by 
the  sound,  without  satisfying  myself  that  liberty 
is  something  more  than  a  name  among  those  for 
whom  I  am  called  upon  to  feel  or  to  act. 

The  facts,  illustrating  the  character  of  the  QoT' 
ernment  of  La  Plata,  and  the  love  of  its  rulers 
for  our  fellow-citizens  and  our  institutions,  are 
called  tales;  and  the  gentleman  from  Kentucky 
wishes  to  hear  both  Mdes  before  he  forms  a  defi- 
nite opinion ;  he  asks  fur  official  information  from 
La  Plata  !  What  infatuation  I  Sir,  these  tales 
are  the  statements  of  American  citizens^— of  our 
brethren.  Does  he  ask  fur  confirmation  or  con- 
tradiction from  American  Spaniards?  Will  he 
venture  to  doubt  their  accuracy  on  the  faith 
of  anv  interested  foreigner,  or  foreign  Qorern- 
ment? 

But  the  Speaker  has  said  that  even  a  gray- 
headed  Revolutionary  patriot,  whose  cheeks  were 
furrowed  by  age,  could  not  address  a  prayer  to 
the  throne  of  Ood,  in  behalf  of  the  patriot  cause, 
without  my  animadversion.  Have  I  forgot  the 
respect  due  to  venerable  age,  disregarded  the  grat- 
itude earned  by  Revolutionary  service,  and  vio- 
lated the  reverence  due  to  the  minister  of  the  Re- 
ligion of  Peace?  I  should  abhor  myself  were  I 
capable  of  such  an  offence.    The  prayers  of  aU 

good  men  rise  to  Heaven  for  the  success  of  the 
>pani»h  Americans,  because,  in  that  success,  the 
only  chance  is  afforded  of  securing  to  the  indi- 
viduals concerned  the  dearest  rights  of  human 
nature.  The  circumstance  referred  to  was  men- 
tioned without  praise  or  censure-— a  fact  witnessed 
by  all,  and  strongly  illustrating  the  truth  of  a  po- 
sition I  was  endeavoring  to  enforce,  that  there 
was  a  striking  and  peculiar  contrast  between  the 
interest  excited  by  this  proposition  and  the  propo- 
sition itself. 

But,  nr,  I  was  mistaken  in  supposing  this  ques- 
tion  unimportant,  insignificant,  and  unmeaning. 


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It  htsBow  become  a  question  to  which  importtnt 
eonsequeoces  are  attached.  The  honorable  Speak- 
er has  told  us  what  these  conseooenees  will  be ; 
this  little  proposition  is  to  be  the  new  diriding 
line  of  parties  in  the  United  States.  Those  who 
TOte  for  It  are  to  be  the  self-styled,  and,  I  suppose, 
•xelttsive  friends  of  liberty.  If  I  may  follow  the 
example  of  the  gentleman  from  Kentucky,  (Mr. 
Johnson.)  and  borrow  a  metaphor  from  Holy 
Writ,  this  is  to  be  the  Red  Sea  to  diride  the  peo- 
ple of  Israel  from  the  Bgjrptian  host,  through 
whieh,  the  one,  under  their  inspired  leader,  are  to 
March  in  safety  and  triumph  to  the  promised  land 
ot  popularity  and  power ;  while  the  other,  with 
their  present  enjoyments  and  future  hopes,  are  to 
be  buried  deep  beneath  its  ware. 

But,  said  Mr.  F.,  in  conclusion,  let  gentlemen 
who  hare  been  warmly  excited  on  this  question 
recollect  that,  though  90  much  consequence  has 
been  attached  to  it,  the  difference  between  those 
contending  so  earnestly  on  this  floor  is  a  differ- 
ence as  to  time  and  manner.  The  only  difference 
is  as  to  the  prudence  and  expediency  of  acting  on 
the  subject  at  the  present  time  and  in  this  way. 
There  is  not  a  gentleman  who  has  addressed  the 
Committee  on  the  subject,  who  does  not  desire  to 
recognise  the  independence  of  the  Southern  coun- 
tries whenever  it  can  be  done  consistently  with 
a  just  regard  to  our  own  interests — to  our  own 
safety,  which  is  our  first  duty.  The  onljr  dif- 
ference between  us  is  that  we  do  not  wish  to 
precede  the  proper  official  organ  of  the  nation  in 
order  to  recognise  the  independence  of  these 
countries,  and  those  in  favor  of  the  motion  wish 
to  do  so.  There  is  00  member  of  the  Committee 
who  does  not  know  and  feel  that  the  wishes  and 
feelings  of  the  Executive  Magistrate  point  in  the 
same  direction  with  that  of  the  Representatives 
of  the  people.  Sir,  where  the  difference  between 
us  is  so  small,  however  anxious  we  may  feel  for 
the  success  of  our  particular  views,  I  hope  that 
anxiety  will  cease  when  the  question  is  decided. 
Whether  the  motion  be  adopted  or  rejected,  let 
us  recollect  nothing  but  the  ability  and  the  eager- 
ness which  has  been  displayed  in  the  contest,  and 
feel  nothing  either  of  the  bitterness  of  defeat  or 
the  joy  of  triumph. 
Mr.  Smitb,  of  Maryland. — I  feel  myself  com- 

S^lled  anin  to  trouble  the  Committee  by  the 
peaker'^  more  than  common  attention  to  the  ob- 
servations I  had  the  honor  to  submit  to  the  con- 
sideration of  the  members.  The  Speaker  has 
acted  the  part  of  an  able  swordsman  ;  he  has  de- 
dined  to  meet  the  profound  and  able  arguments 
of  my  friend  from  South  Carolina,  and  has  di- 
rected them  against  my  feeble  efforts  made  on 
the  same  side  of  the  question.  The  one  he  found 
unaaswerable,  the  other  he  has  endeavored  to  de- 
feat. The  Committee  will  judge  howfkr  he  has 
been  successful. 

The  Speaker  has  done  me  the  honor  to  admit 
that  on  commercial  subjects  1  have  some  claim 
to  the  attention  of  the  House,  but  has  with  a  po- 
liteness peculiar  to  himself  advised — nay,  sir, 
almost  forbid — me  to  speak  on  his  particular  pro- 
riiiee,  to  wit :  the  laws  of  nations.    Why,  sir,  the 


Speaker  forgets  that  I  have  been  twenty-five 
years  in  Congress,  in  which  time  the  law  of  na- 
tions has  been  frequently  introduced  anddiscussed; 
from  which  discussions,  if  I  had  never  read  Vat^ 
tel,  Marlon,  and  Azuni,  I  might  have  obtained 
some  knowledge.  Nay,  sir,  the  Speaker  does  not 
do  himself  justice,  when  he  supposes  that  his 
instruction  to  Congress  on  the  laws  of  nature  and 
of  nations  has  been  totally  lost  on  one  of  his  hear- 
ers. Sir,  I  have  read  enough  of  those  authors  to 
know  that  an  ingenious  advocate,  such  as  the 
Speaker,  can  easily  find  a  sentence,  selected  from 
a  whole,  that  may  be  converted  to  prove  either 
his  position  or  mine.  But,  Mr.  Chairman,  I 
quoted  not  the  laws  of  nations ;  I  confined  my- 
self to  the  laws  of  common  sense,  (which  I  rec* 
ommend  to  the  Speaker  for  perusal ;)  I  quoted 
experience  in  our  own  glorious  Revolution,  to 
show  that  a  recognition  of  the  independence  of 
revolted  colonies  was  considered  as  a  just  cause 
of  war.  I  gave  stubborn  facts  in  support  of  my 
argument ;  and  how  has  the  Speaker  answered 
me  ?  That  it  was  not  the  recognition  by  Prance 
that  induced  Great  Britain  to  declare  war,  but 
that  France  had  entered  into  a  Treaty  of  Alli- 
ance, offensive  and  defensive,  with  her  revolted 
colonies.  Here,  then,  the  Speaker  completely 
gives  up  the  main  point  of  his  argument,  to  wit: 
that  aid  is  just  cause  of  war,  but  that  recoffnitioa 
is  not.  Aid  had  been  given  bjr  France  for  two 
years — yes,  sir,  great  and  important  aid— and 
Great  Britain  did  not  declare  war  on  that  account: 
but  the  moment  France  treated  with  us  as  an 
independent  people,  the  Speaker  says,  Great  Brit- 
ain declared  war  against  her.  But,  I  deny  that 
Great  Britain  then  knew  that  the  treaty  was 
offensive  and  defensive.  What  was  the  language 
in  Parliament  at  that  time?  It  was  not  that 
France  had  afforded  aid,  but  that  France  **  hav- 
ing treated  with  the  revolted  colonies  as  an  inde- 
pendent people,"  the  national  honor  imperiously 
compelled  the  nation  to  go  to  war,  and  punish  the 
insult.  But,  what  does  the  Speaker  mean,  by 
advising  the  President  to  send  a  Minister  to  La 
Plata?  Is  it  simply  to  compliment  the  Supreme 
Director  on  his  appointment;  or  would  he  not 
expect,  as  a  xh\n^  of  course,  that  he  would  go 
clothed  with  Plenipotentiary  powers,  and  that  he 
would  be  expected  to  make  a  treatjr  ?  Accord- 
ing to  the  Speaker's  notion,  the  sending  a  Minis- 
ter to  La  Plata,  and  then  recognising  its  indepen- 
dence, would  not  be  just  cause  of  war;  but  the 
moment  we  entered  on  a  treaty,  then  we  should 
have  crossed  the  Rubicon,  and  Spain  might  show 
us  her  law  book,  and  prove  to  us  that  she  had  just 
cause  of  war,  I  am  of  opinion,  Mr.  Chairmani 
that  nations  are  governed  very  much  by  expedi- 
ency as  to  what  is  just  cause  of  war.  If  it  had 
been  expedient  for  Spain  to  declare  war  against 
the  United  States,  she  would  long  Mince  have  been 
able  to  have  found  in  VaUel  and  Grotius  some- 
thing to  substantiate  that  she  had  just  cause  of 
War.  But,  it  was  not  expedient  to  Spain,  and  we 
are  at  peace,  and  I  do  wish  we  may  continue  so. 
The  Speaker  has  quote(f,as  a  precedent  for  his 
unprecedented  motion,  that  we  fixed  the  salary 


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HISTORY  OF  CONGRESS. 


1641 


H.ofR. 


^Sjp^Aif 4  Americam  Promncet. 


liASCH,181«« 


nskd  appropriated  moB«y  to  pay  Coasuls  to  the 
Barbaiy  Powers.  CoDsuk  to  thie  Powers  of  Eu- 
rope, sir,  are  not  allowed  salaries;  they  are 
allow^  ^^^h  which,  with  the  advatftanee  to  them 
as  nerchants^  have  been  considered  adequate 
compensation.  Not  so  to  Consuls  in  Barbery, 
^e  have  no  commerce  with  Algiers,  Tunb,  or 
Tripoli ;  and  salaries  fixed  by  law  w^e  neoesMury 
to  eiu^bie  the  President  to  procure  proper  persons 
to  go  there  and  maintain  the  peace  we  bad  made 
with  these  Powers.  The  Sneaker  has  also  quo- 
ted the  appropriation  for  Indian  treaties,  as  a 
^stification  for  hb  introducing  his  extraordinary 
fiotion.  Tbe  Indians,  sir.  are  within  our  own 
t^itory,  and  treaties  witn  them  are  generally 
held  for  the  purchase  of  their  land.  Such  prece- 
dents will  certainly  have  little  weight:  they  are 
sometimes  used  for  want  of  argument. 

The  Speaker  has  at  last  admitted  that  the  tabk 
land  of  Mexico  produces  the  best  of  wheat ;  but 
assures  us,  for  our  comfort,  that  the  roads  are  so 
bad  and  the  distance  so  great  that  flour  cannot 
be  brought  to  La  Vera  Cruz,  without  such  an 
expense  as  will  prerent  th%  Mexioans  from  ever 
bemg  able  to  enter  into  competition  with  us. 
And  these,  sir,  are  to  be  our  protection — distance 
,  and  bad  reads'l  And  yet  the  Speaker  knows  that 
a  poble  road  has  been  eommenoed.  and  no  doubt 
will  be  completed,  if  Mexico  shall  erer  become 
indepeiident,  to  La  Vera  Cruz;  and  that  the  dis- 
tance is  not  greater  than  that  of  many  Pennsyl- 
vania farmers,  who  have  brought  their  flour  to 
Baltimore ;  nor  are  their  roads,  as  they  now  are, 
worse  than  the  road  has  been  from  bedford  to 
Baltimore  or  Philadelphia.  Flour  for  the  supply 
of  Havana  has,  within  my  recollection,  been 
brought  in  sacks  from  Mexico  to  La  Vera  Cruz, 
and  tnere  shipped.  In  1804,  flour,  valued  at  four 
hundred  and  seventeen  thousand  seven  hundred 
and  nine  dollare,  was  shipped  from  La  Vera  Cruz 
to  the  Spanish  colonies.  It  the  Mexicans  were 
under  a  good  Government,  their  export  of  flour 
woul4,  in  aU  probability,  soon  equal  ours.  But, 
sir,  what  is  the  reason  that  the  Speaker  takes  so 
Qiuch  pains  to  show  us  that  the  Spanish  colonieti 
if  independent,  cannot  supply  the  world  with 
articles  similar  to  those  produced  in  the  United 
States,  on  equal  terms  1  Why  attempt  to  prove 
that  the  people  of  La  Plata  cannot  become  a  nav- 
igatiag  or  commercial  people  ?  Is  it  not  fair  to 
beliefe,  from  his  reaBonin|f,  thai  if  the  colonies 
can  enter  into  a  competition^  and  injure  us  in 
foreign  markets,  by  selling  cotton,  flour,  tobacco, 
4c.,  at  a  lower  price  than  our  farmere  can,  that 
the  Speaker  himself  would  be  of  q^MUton  that  we 
ought  not  to  be  very  earnest  in  promoting  their 
inaependene««  as  I  do,  on  the  great  principle  of 
the  ireedom  of  mi^okind  ?  Why  attempt  to  show, 
that  we  have  no  cause  to  apprehend  their  com- 
netition  with  us  in  the  articles  our  country  pro- 
auces? 

I  think,  tbe  Speaker  has  given  me  cause  to 
<;omplain.  He  has  said,  that  1  had  attempted  to 
show  that  New  Grenada  and  Venezuela  could 
en^er  into  competition  with  us  in  the  article  of 
bieadstuffs.    The  Committee  will  remember,  that 


I  had  passed  over  those coloaies,^viBgaft  a  le^eoa. 
that  I  saw  the  Committee  were  impatient.  I  had 
another  reason,  to  wit  i  I  had  touched  on  the  trade 
of  those  colonies  on  the  neutrality  bill,  and  K 
have  an  aversion  to  tell  the  same  story  twiee* 
However,  I  will  help  the  Speaker  out.  Thoea 
two  provinces  would  be  important  to  the  United 
States  if  independent;  they  would  take  our  bread* 
stuffs,  to  a  certain  extent,  and  would  supply  ue 
with  indigo,  cocoa,  and  coflee }  and,  being  near 
us,  we  might,  and  probably  would  participate  in 
carrying  ^r  them ;  and.  as  M^lico  has  no  good 
port  on  the  Atlantic,  and  produees  much  euga^ 
we  should  send  our  vessels  there  in  ballast,  pur^ 
chase  with  bills  of  exchange,  or  carry,  on  (ieigbc, 
for  the  native  merchants.  England  and  Frane^ 
would,  however,  eigoy  all  the  great  advantagea 
of  their  independence;  for  those  two  natiaaa 
manufacture  or  produce  all  the  articles  neoessa^ 
for  their  consumption.  Our  nMrehaaia  mi^to 
supply  them  with  nankeens,  and,  in  part,  witk 
India  cottons.  On  the  whole,  I  shoula  considet 
the  independenoe  of  the  Spanish  Main  of  ean* 
siderable  importance,  particularly  to  our  navigar 
tioo«  Mexico  must  depend  on  others  for  ships  ; 
she  has  no  good  port  near  us,  and,  therefore,  nan* 
not  well  become  a  navigating  ptople. 

La  Plata,  the  Speaker  eaye  is  quite  too  reau>lt 
to  supply  the  West  Indies,  for  that  it  leanir^  . 
sixty •'foujr  days  for  a  vessel,  just  arrived  at  £UUti* 
more,  to  make  her  pasaa^.  The  Speaker  is  cer* 
tainly  out  of  his  reckoning ;  vessels  actually  paae 
by  the  West  Indies.  And  he  has  forgot,  thai 
vessels  from  La  Plata  will  have  the  trade  winda 
a  great  part  of  their  passage  to  the  West  Indies^ 
and  may  fairly  calculate  on  making  the  islaJids 
in  thirty ^ix  days,  or  forty  day-s  at  the  moer. 
They  may  suji^y  Brazil,  Cayenne,  and  SarinaiBi 
in  a  shorter  ume  than  we  can,  and  certainly  earn 
supply  Spain,  Portugal,  and  the  Mediterraneai»«~ 
as  easy  and  on  as  low  a  freight  as  we  can  firoa% 
the  United  States;  their  voyages  to  the  fiatt  lad- 
dies will  be  much  shorter—they  will  be  perlbrmad 
in  sixty  or  seventy  days ;  and.  being  near  tba 
precious  metals,  they  will  be  able  to  carry  on  thm 
trade  beyond  the  Cape  of  Good  Hope  on  betlev 
terms  than  we  can.  But,  ChiU,  he  ears,  is  wholly 
too  remote  to  interfere  with  us.  The  Speaker 
sneers  at  the  idea  of  Chili  supplying,  bceadstncii^ 
yet,  it  is  well  known,  that,  during  the  last  ye««^ 
some  American  vessels  actuaUhf  brought  caifoea 
of  wheat  from  Chili,  around  Cape  Horn,  to  Sm* 
zils,  and  tended  thereby  to  reduce  the  price  oC 
American  flour  in  those  markets.  But,Mr.Chaiaw. 
man,  I  am  as  desirous  as  the  Speaker  is  to  sf* 
those  provinces  free  and  independent.  The  grtac 
and  immediate  advantages  will,  it  is  certain,  bna 
to  England,  France,  and  the  Hanse  Towns ;  yea 
we  shall  derive  some  advantage  from,  the  general 
benefit  resulting  to  the  trade  ot  the  world  by  their 
freedom  and  independence. 

The  Speaker  thinks  there  ia  no  great  use  for 
a  Minister  at  the  Court  of  Brazil,  for  that  ihm 
trade  of  that  kingdom  is  of  little  coneequanea  ua 
the  United  States^  not  so  munh^  he  thii^  aa  I^ia 
Plata.    I  differ  entirely  with  the  Speaker  on  thf^t 


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mSTORT  OF  OON^RBSS; 


1642 


MatcB.  18». 


Spanish  AmeHean  PruvkweB. 


H.  OP  R. 


lioiBt.  The  Brazils  supply  us  with  sugar  and 
Other  articles,  and  we  pay  in  floor  and  other  com- 
modities ;  but  the  King  of  Braxil  is  also  King  of 
Fortiigal,  which  nation  has  always  been  one  of 
tmr  Yery  best  customers,  for  wheat,  floor,  rice, 
and  particularly  for  Indian  corn ;  we  also  supply 
Portugal  with  fish,  rice^  stares,  and  naral  stores, 
tnd  get  in  return  specie,  salt,  wine,  lemons,  ^. 
The  prioeipal  part  of  the  salt  used  by  the  people 
ti  the  United  States  for  our  fish,  beef,  and  pork, 
is  drawn  from  Portugal. 

The  Speaker  has  told  us,  that  the  imporunce 
of  the  commerce  of  a  nation  depends  on  its  extent 
of  population  and  tenitory.  This,  sir,  is  novel 
to  me  3  all  history  differs  from  the  Speaker.  Tyre 
is  a  smaU  islana,  and  had  ^pme  little  territory, 
yet  her  people,  owing  to  its  goTeroment,  were,  m 
their  time,  the  great,  the  most  celebrated  traders 
of  the  world.  Carthage  possessed  little  territory, 
or  populatfon,  yet  she  carried  on  an  immense 
traffic.  Venice^  Genoa,  and  Pisa,  were  all  rery 
small  States,  with  no  great  population,  yet  were 
they  all  greatly  commercial.  Portugal,  a  small 
kingdom,  with  perhaps  two  millions  of  people, 
discovered  the  Indus  and  China,  and  surprised 
the  world  by  her  immense  commerce.  Portu- 
gal fell  into  the  power  of  Spain,  and  the  com- 
Hierce  of  India  was,  in  consequence,  wrested 
from  her  by  Holland,  who  had  little  of  territory. 
and  an  inconsiderable  population.  China  ana 
lloasia  are  the  greatest  Powers  on  earth  as  to 
population  and  extent  of  territory,  yet  neither 
ma  ever  been  considered  great  in  commerce. 

Tbe  Speaker  has  adverted  to  a  letter  from 
fittenos  Ayres,  which  appeared  in  a  Baltimore 
jp»per,  receivedvesterctey,  and  has  asked,  who  is 
the  writer?  What  his  chamcter?  And  what 
Ma  politics  1  And  has  answered,  that  it  is  prob- 
ably some  Spaniard,  hostile  to  the  patriots.  I 
am  ifffortned,  that  he  is  an  American  of  fair  cha- 
laeter,  and  verv  friendly  to  the  patriotic  cause, 
lad  that  his  information  may  be  relied  upon. 

The  Speaker  has  alluded  to  a  pamphlet  lately 
ftblklked  by  a  merchant  in  Philadelphia.  I  have 
only  seen  the  outshle  of  the  pamphlet ;  it  is  said 
«o  be  written  by  a  gentleman  who  is  not  at  prei- 
OBl  engaged  in  active  business  as  a  merchant,  and, 
as  Aur  as  I  am  informed,  free  from  improper  mo- 
Ukres.  I  am  told  that  it  is  worth  the  reading ;  but 
tikat  geotieman,  (the  Speaker  insinuates,^  and 
other  merchants,  are  governed  in  their  opinions. 
Vy  the  tvade  they  carry  on  with  Spain  and  her 
'coioniea  $  and  this  may  be  true,  to  a  certain  ex- 
tent; they  may  honestly  believe  that  it  is  bad 
policy  to  give  up  a  trade  substantially  good,  use- 
M  to  tbemselves,  and  more  so  to  the  iSrmers  of 
the  eonstry ;  they  know  that,  at  present,  they  ex- 
|K>rt  to  Spaia  and  her  colonies  about  two  hundred 
thousand  barreb  of  flour,  (beiuff  one-seventh  of 
ail  we  do  export,)  rice,  cotton,  &b,  naval  stores, 
bdian  com,  lumber,  furniture,  nails,  boots,  shoes, 
hat^  tobaoco,  East  India  goods,  nankeens,  d^c, 
ise..  to  the  amount  of  nearly  eight  and  a  half 
wdluons;  that,  of  that  sum,  four  and  a  half  mil* 
Kflfus  is  the  produce  and  manufacture  of  the  Uni- 
ted Butes,  being  a  gieater  amount  than  b  ex- 


ported to  any  other  nation,  except  Qreat  Britain 
and  France,  all  of  which  (or  nearly  all)  is  carried 
in  our  own  vessels,  thus  employing  as  many  tons 
of  otir  own  ships  as  are  employed  even  in  our 
trade  with  Great  Britain,  and  Infinitely  more  than 
with  any  other  nation.  It  may  be  proper  again 
to  state  the  fact,  that  Spain^  being  cut  off  from 
her  usual  supply  of  tobacco  from  the  colonies,  has 
been  under  the  necessity  of  opening  her  ports  to 
our  tobacco;  that  her peoplegive  a  decided  pref* 
erence  to  the  tobacco  of  Bkintucky,  fbr  wnich 
they  give  two  dollars  per  100  wt.  more  than  any 
other ;  they  consume  no  Maryland  tobacco ;  next 
to  Kentucky,  they  prefer  Virginia,  ta  return  for 
this  large  trade  in  exports,  we  import  from  Spain 
and  her  colonies  the  articles  we  most  require  lor 
the  consumption  of  our  own  country,  to  wit,  spe- 
cie, salt,  wine,  fruits,  sugar,  cofiee,  cocoa,  mo- 
lasses, mahogany,  dye  woo(k,  cochineal,  and  a 
variety  of  other  articles,  to  an  amount  of  ei^ht  or 
ten  millions  of  dollars  annually;  all  of  which  is 
carried  in  oar  own  vessels.  We  import  from 
Cuba  alone,  annually,  forty-five  thousand  hogs- 
heads of  molasses,  requiring,  [>erhaps,  twenty 
thousand  tons  of  shipping  tor  its  transport,  all 
carried  in  vessels  of  the  United  States.  Sir,  the 
trade  we  have  to  Spain  and  her  colonies  is  more 
advantageous  than  that  with  any  other  nation, 
England  and  France  excepted.  It  enables  the 
merchants  to  pay  oS,  in  part,  the  imtnense  balance 
of  trade  in  favor  of  Qreat  Britain.  Besides  the 
trade  to  and  from  Spain  and  her  colonies,  a  very 
considerable  number, of  vessels  of  the  United 


prising,  that  the  merchuits  of  the  United  States 
should  be  willing  to  risk  the  loss  of  a  trade  so 
highly  important  to  themselves,  and  so  eminently 
usefbl  to  the  agricultural  interest  of  the  United 
Sutes,  for  a  project  which,  no  doubt,  will  appear 
to  them  a  little  visionary,  and  which  would  ren- 
der Nttle  service  to  the  patriots  whom  the  motion 
profiesses  to  serve?  Wliat  great  use  will  our  ac- 
knowledging the  independence  of  La  Plata  be  to 
the  patriots?  It  will  nave  a  moral  effect,  we  are 
told.  Sir,  I  have  not  much  confidence  in  that  which 
is  called  moral  effict ;  it  is  more  of  sound  than 
substance.  If  we  add  phvsical  force  to  a  recog- 
nition, then  lean  comprehend  iu  vrtility;  if  we 
send  a  fleet  and  army  to  their  aid;  as  France  did 
when  she  declared  us  to  be  an  independent  peo- 
ple, we  mitht  render  them  real  and  essential  ser- 
vice; and  if  we  did,  what  would  our  officers  seef 
Why,  sir,  according  to  a  paper  Just  received,  they 
wooM  find  the  Executive  Directory  of  La  Pbta 
making  war,  as  the  ally  of  the  King  of  Portugal, 
against  Artigas,  who  is  chief  of  Oriental  Banda. 
and  who  appears  to  be,  in  truth,  "a  republi- 
can;" a  man  with  little  education,  but  of  strong 
mind  and  strong  undersunding ;  brave,  active, 
intelligent ;  devoted  to  his  counury— possessiiuf 
the  entire  confidence  of  the  people  of  whoih  he  & 
chief.  That  Qeaeral  has  constantly  keptth*  Por- 
tuguese confined  in  Montevideo;  nor  have  they 
been  able  to  remove  him.  He  defeats  them  when- 


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HISTORY  OP  OONGRBSa 


1644 


H.  or  R. 


Spanuh  American  Prcfvmcm, 


Marcb^  1818. 


ever  they  attempt  to  remove  out  of  their  fortress. 
We  fiod  that  the  officers  of  the  royal  GoTeromeat 
of  PortQffal  have  obtaioed  the  aid  of  the  Direc- 
tory of  La  PlaU— what  for?  To  put  dowo  and 
destroy  the  Republican  General  Artigas.  Permit 
me  to  read  an  article  from  a  paper  just  received. 
Speaking  of  Buenos  Ayres,  the  account  states: 
*'  The  present  Government  reigns  with  an  iron 
(  rod— banishment  is  the  order  of  the  day.  But 
'  it  will  require  all  the  vigilance  they  possess  to 
'  stop  the  flame  which  is  now  arising,  and  which 
'  must  burst  forth  with  a  rage  unprecedented  in 
'  this  country .'^  Again:  "The  attack  made  by 
'  these  people  (of  La  Plata)  against  General  Ar- 

*  tigaff.  has  met  the  reward  it  merited  \  in  the  first 

*  attack  they  met  with  a  loss  of  three  hundred 

*  killed,  and  forty-seven  prisoners^  and  one  piece 

*  of  artillery.  Artigas  is  a  brave,  intelligent  man, 
<  of  Utile  education,  but  of  sound,  solid  ludgment, 

*  adored  by  his  army,  and  the  people  of  his  prov- 
'  ince.  and,  I  believe,  is  the  only  true  republican 

*  in  the  country.  He  is  now  stroegling  against 
'  the  combined  efforts  of  the  King  of  Portugal  and 
'  this  Government,  (La  Plata.)  How  must  a  re- 
'  publican  feel  when  he  hears  people  crying  out 
'  down  with  all  royalty,  and  at  the  same  time  as- 

*  sisting  a  crowned  head  in  establishing  its  tyran- 
'  nic  dominion  over  a  free  people?"  Mr.  Cfhair- 
mao,  I  vouch  not  for  the  truth  of  this  informa- 
tion ;  but  it  bears  such  strong  marks  of  authen- 
ticity, that  I  place  confidence  in  it;  and,  I  think, 
it  ought  to  induce  us  to  hesitate,  and  to  decline 
any  act  that  may  implicate  us  in  war,  until  we 
can  be  more  correctly  informed.  We  may  obtain 
the  necessary  information  on  the  return  of  our 
Commissioners ;  they  are  all  favorable  to  the  patr 
riotie  cause,  and  we  ought  to  wait  their  report. 

The  Speaker  ought  to  know  that  Portugal, 
when  she  first  discovered  the  Brazils,  claimed  to 
the  river  of  La  Plata ;  that  when  she  fell  under 
the  dominion  of  Philip,  King  of  Spain,  he  estab- 
lished Montevideo  \  and^  although  the  crown  of 
Portugal  was  wrested  from  Spain  hy  the  Duke 
of  Braganza,  yet  the  Banda  Oriental  has  ever  since 
been  held  by  Spain.  The  Kin^  of  Portugal  has 
^ken  advantage  of  the  present  situation  of  Spain  \ 
has  taken  possession  or  Montevideo  on  his  right ; 
and  is  desirous  of  conquering  the  whole  or  the 
Oriental  Banda.  Artigas  bas^s  yet,  successfully 
prevented  the  conquest  \  the  King  of  Portugal,  it 
would  appear^  is  unequal  to  the  object,  and  has 
prevailed  on  the  Supreme  Directory  of  La  Plata 
to  assist  him.  and  we  find  the  troops  of  republican 
La  Plata  making  war,  as  an  ally  of  the  King  of 
Portugal  and  Brazils,  to  conquer  the  brave  and 
gallant  Republican  General  Artigas.  Sir,  I  con- 
clude with  the  expression  of  an  opinion,  that  it  is 
nrodent  for  our  Government  to  wait  until  we 
have  information,  such  as  we  can  safely  rely 
upon. 

Mr.  Clay  (Speaker)  again  spoke  in  rejoinder 
to  the  gentlemen  who  had  replied  to  his  last 
sneech.  After  a  few  prefatory  remarks — the  gen- 
tleman from  Georgia,  said  Mr.  C,  tells  us,  and  I 
am  now  rejoiced  to  hear  it.  that  his  heart  is  with 
us;  that  his  feelings  are  all  on  the  patriotic  side. 


Our  condition  is  pecpliar;  the  hearts  of  gentle- 
men, in  opposition  to  this  motion,  are  with  ua-^ 
but  I  am  afraid  we  shall  find  a  great  number  oT 
their  votes  against  us.  Tes,  sir,  State  rights- 
take  care  of  them!  Personal  liberty — let  that 
take  care  of  itself! 

The  honorable  gentleman  has  be6n  pleased  to 
refer  to  an  observation  of  mine  respecting  the 
division  of  parties,  on  which  I  would  ooserve,  that 
be  has  not  done  me  justice.  A  gentleman  from 
Virginia  was  the  first  to  introduce  that  topic,  and 
my  remarks  were  in  reply  to  him  only.  The 
gentleman  from  Georgia,  the  other  day,  was 
pleased  to  take  notice  of  remarks  which  had  ap- 
peared in  certain  newspapers,  in  which  I  did  not 
fuUow  his  example.  It  I  had  chosen  to  have  done 
so,  I  could  have  taken  notice  of  some  denuncia- 
tions which  had  been  thrown  out  against  myselfl 
But,  sir,  those  scribblers  Itnow  little  of  the  firm 
purpose  of  my  soul,  if  they  suppose  it  is  to  be 
shaken  by  such  assaults.  No,  sir,  it  was  not  my- 
self, but  the  gentleman  from  Yirsinia,  who  pre- 
sented himself  as  the  champion  of  the  Executive, 
who  took  a  view  of  the  present  question,  con- 
nected with  the  divisions  of  parties.  I  see  no- 
thing in  it  but  a  difierence  of  opinion  on  a  par- 
ticular question,  among  those  who  generally  act 
together.  It  is  for  those  who  oppose  us  to  take 
their  course ;  what  that  course  may  be,  is  to  me 
utterly  immaterial. 

The  gentleman  from  Maryland,  Mr.  C.  went 
on  to  say,  was  as  unfortunate  in  his  practical  ii^ 
formation,  as  he  was  in  regard  to  public  law ; 
haying  mistaken  the  cause  of  war  by  Great 
Britain  against  France,  during  our  Revolutioii, 
which  was  not  for  having  recognised  us,  but  for 
having  given  i|s  aid.  The  gentleman  was  equallj 
unfortunate,  Mr.  C.  said,  in  replying  to'bis  posi- 
tion in  regard  to  foreign  commerce,  which  was 
not  that  a  small  State  might  not  carry  on  an  exr 
tensive  commerce;  for,  against  that  position. 
Great  Britain,  whose  European  possessions  were 
of  no  great  extent,  would  have  been  a  striking 
example.  What  I  did  observe,  said  Mr.  C,  wa^ 
that,  as  to  such  Powers  as  South  America,  the 
value  of  their  commerce  was  to  be  inferred  from 
the  extent  of  the  territory  or  population.  The 
gentleman  says,  that  be  is  incapable  of  appreci- 
ating the  effect  of  moral  causes.  Sir,  I  did  not 
ascribe  to  him  that  faculty ;  but  I  should  hare 
supposed  that  the  gentleman's  recollection  should 
have  taught  him  how  the  heart  beat  when  oar 
independ^ce  was  acknowledged  by  foreign  Pow- 
ers, and  how  like  causes  would  produce  like 
effects.  The  gentleman  had  told  the  Committee 
of  information  from  Buenos  Ayres,  that  Pueyr- 
redon  is  carrying  on  aflDsiirs  with  a  high  hand* 
The  correctness  of  this  information,  Mr.  C.  aai^i 
he  doubted  very  much.  The  authority  of  Pa- 
eyrredon,  he  said,  was  very  much  like  that  of  the 
President  of  the  United  States  \  he  was  a  respon- 
sible officer,  and,  instead  of  putting  down  the 
liberty  of  the  press,  he  answered  the  calomniaton 
who  attacked  him,  by  the  wisdom  and  vigor  of  his 
administration,  w.  In  respect  to  the  letter  frooa 
Buenos  Ayres,  which  had  been  spoJcen  of,  Mr.  (X 


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fflSTORY  OP  CONGRESS, 


1646 


March,  1818. 


Spanish  American  Provinces, 


H.  OF  R. 


said,  he  bad  heard,  that  the  author  of  that  letter, 
or  a  Bimilar  one,  was  a  nephew  of  Carrera,  the 
natore  of  whose  riews  Mr.  C.  said,  he  had  showD ; 
that  Carrera,  who  sought,  on  the  ruios  of  Chilian 
liberty,  to  erect  the  fabric  of  his  own  ambition, 
^.  Mr.'C.  said,  he  knew  nothing  of  the  aathor- 
ity  of  the  gentleman  who  had  been  referred  to  in 
the  debate,  as  the  authorof  some  information  from 
that  quarter.  Be  be  who  he  may,  said  he,  I  say 
again,  I  wish  to  see  it  authenticated  by  the  sig- 
Dature  of  **  Charles  Thompson." 

Mr.  C.  remarked,  in  conclusion,  as  to  the  ob- 
ject of  his  motion,  that  if  the  clause  were  inserted 
ID  the  bill  which  he  proposed,  it  would  impose 
on  the  Executive  no  obligation,  but  put  it  in  the 
power  of  the  President  to  apply  the  sum  to  the 
purpose  specified,  whenerer  he  chose  to  do  so,  if 
the  Senate  thought  proper  to  consent  to  it. 

Mr.  Smith,  of  Maryland,  again  ^e. — The 
Speaker,  said  he,  has  said,  that  the  moral  effect 
produced  on  the  United  States  by  France,  when 
she  recognised  our  independence,  filled  all  hearts 
with  exultation  and  joy.  Mr.  Chairman,  I  well 
remember  the  time,  and  will  tell  the  Speaker 
what  caused  our  joy.  It  was,  that  the  capture  of 
Burgoyne's  army  bad  been  the  cause  that  induced 
France  to  acknowledge  our  independence.  (See 
King  Louis's  letter  to  the  King  of  Spain)  and 
that  at  the  same  time  that  he  informed  our  Gov- 
eroment  of  his  recognition,  he  assured  them,  that 
he  would  send  a  fleet  and  armv  to  our  assistance. 
He  did  so;  and,  by  their  noble  aid,  we  secured 
our  independence  sooner  than  we  otherwise  should 
have  done.  If  he  had  not  sent  physical  aid,  the 
moral  effect  would  hare  done  us  little  good,  and 
we  aboold  have  laughed  at  it. 

Mr.  H.  Nblson  said  it  was  with  great  reluct- 
ance he  rose  to  address  the  House  again,  because 
he  was  scarcely  competent  to  make  himself 
heard ;  but  the  honorable  Speaker  had  dealt  his 
blowa  80  liberally  around,  that  it  was  impossible 
to  sit  still  and  umel^r  bear  them.  The  gentle- 
man introduces  me,  said  Mr.  N.,  as  the  champion 
of  the  Bxecutire.  Did  1  ever  so  announce  my- 
a^f  in  this  House  ?  so  far  from  it  I  have  expli- 
eitlj  disclaimed  it.  But,  in  the  same  breath  in 
which  this  charge  is  made  on  me,  the  Speaker 
joforms  the  House,  that  he  is  the  advocate  for 
•niargiog  the  JSxecutive  patronage,  and  that  we 
are  desirous  to  control  and  limit  the  power  of 
the  Executive.  I  rise  now,  sir,  to  claim  for  my- 
self the  character  of  the  champion  of  liberty; 
mad  to  protest  against  the  assumption  of  exdu-' 
siTe  right  to  that  character  by  the  Speaker. 
Having  no  disposition  to  trespass  on  the  patience 
of  the  House,  Mr.  N.  said  he  would  pass  over 
much  he  had  to  say,  and  come  to  a  particular 
point.  Why,  he  asked,  had  the  honorable  Speak- 
er presented  Carrera  in  an  odious  light  to  the 
Comaiittee  and  to  the  nation,  as  an  ambitious. 
intriguing  man  ?  Has  the  Speaker,  said  he.  any 
information  of  an  authentic  character  whicn  we 
do  not  possess?  He  denies  credit  to  informa* 
tion  received  fvoip  respectable  Americans  at 
Bq^os  Ayres,  and  wants  to  see  "  Charles  Thomp- 
son" to  it.    And  who,  sir,  is  Ait  Charles  Thomp- 


son ?  Billy  Duane;  from  whose  paper  he  read 
the  matter  he  quoted  to  the  House  as  authority. 
I  hold  in  my  hand  a  document  equally  entitled 
to  respect  with  any  which  the  gentleman  read 
to  the  House — a  letter  from  a  friend  of  Carrera 
to  a  gentleman  in  this  country,  dated  in  Septem- 
ber last.  This  man  cam^  here  to  obtain  supplies 
for  his  country,  and  did  everything  he  could  to 
serve  it.  He  was  arrested  at  Buenos  Ayres^ 
thrown  into  a  dungeon,  his  property  taken  from 
him  and  disposed  of  by  this  immaculate  Pueyr- 
redon.  This  letter  was  from  an  eyewitness,  woo 
had  seen  and  felt  the  tyranny  or  the  Supreme 
Director.  And  by  whom  had  the  virtuous  Car- 
rera been  arrested  ?  By  a  scoundrel  who,  it  now 
plainly  appeared,  was  destroying  the  rights  of  his 
own  country  by  his  tyranny  and  filling  his  cof- 
fers with  the  spoils  of  any  of  his  own  people^ 
who  dared  to  raise  their  voice  against  his  tyranny 
and  oppression.  Mr.  N.  also  quoted  a  letter  from 
Chili,  dated  in  Julv,  1817,  speaking  of  the  dis- 
tracted and  unsettled  state  of  that  country.  [Mr. 
N.  was  here  obliged  to  suspend  his  remarks,  his 
broken  voice  rendering  him  unable  to  proceed.] 

Mr.  Clat  rejoined.  I  am  charged,  said  he. 
with  saying  that  those  who  are  the  friends  or 
this  proposition  are  the  exclusive  friends  of  lib- 
erty. I  made  no  such  unjust  remark.  I  said,  if- 
the  gentleman  went  away  from  us,  he  might, 
perhaps,  in  his  new  political  connexion  find  con- 
solation for  the  seoaration  from  his  old  friends^ 
who  march  on  in  the  path  of  liberty.  Sir,  the 
galled  jade  winces.  My  quotations,  the  gentle- 
man says,  were  from  Billy  Duane.  How  does 
the  gentleman  know  that  ?  [Mr.  Nblbor  said, 
across  the  House,  that  he  saw  the  paper  in  the 
gentleman's  hands.]  I  quoted  principally  from 
the  National  Intelligencer,  said  Mr.  C. — otners  of 
my  <]Uotations  were  from  historical  works.  The 
manifesto  of  July  last,  I  quoted  from  the  Aurora; 
I  am  sorry  it  Was  not  in  the  Intelligencer;  it 
was  as  worthy  of  publication  as  the  speech  of 
the  Prince  Regent  or  the  King  of  France.  I 
should  like  to  know  whence  the  gentleman  who 
questions  the  sources  of  my  information  got  the 
letters  he  has  just  produced  to  the  House — ^from 
what  bureau  ?    But,  sir,  I  will  not  recriminate. 

Mr.  H^  N£L80N  said,  he  should  like  to  know 
what  the  honorable  Speaker  meant,  when  he 
spoke  of  the  galled  jade  wincing.  When  I  spoke 
of  the  paper  which  the  gentleman 'quoted  as  au- 
thority, it  was  because  1  saw  it  in  his  hands. 
Those  letters  which  I  have  quoted  were  ad- 
dressed to  a  private  gentleman  in  Georgetown, 
and  by  him  to  me ;  and  as  much  entitled  to 
credit  as  any  authority  the  Speaker  has  pro- 
duced. 

The  debate  here  terminated ;  and,  the  ques* 
tion  being  taken,  by  yeas  and  nays,  on  agreeing 
to  the  proposition  of  Mr.  Clat  to  insert  in  the 
general  appropriation  bill  a  provision  for  an  out- 
nt  and  one  year's  salary  for  a  Minister  to  the 
United  Provinces  of  La  Flau,  it  was  decided  in 
the  negative.— For  the  motion  45,  against  it  115. 

The  House  then  proceeded  to  the  other  clauses 
of  the  appropriation  bilL 

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m&TOBT  OF  CONORES&] 


1648 


H.of  R. 


Sponiah  American  ProwinceB, 


maacb,  we« 


riea,  besides  several  surveyors,  and 
Ac  acenu  beiog  8^^444.  It  was 
that  toe  course  of  proeeedioff  of 


The  first  clause  which  came  under  coosidera- 
fton  was  that  of  -*^-  dollars  for  the  salaries,  ex- 
peoses,  ^^,  of  the  conuaissioas  under  the  5th, 
Sih,  and  7th  aitioles  of  the  Treaty  of  Ghent. 

This  clause  gave  rise  to  some  debate. 

Mr.  Claibobnb  first  took  exception  to  the  ap- 
pcopriatioii,  on  the  ground  of  the  unexpected 
amount  of  the  expenses  of  these  commissions. 
la  this  view  of  the  subject,  he  was  supported  by 
Messrs.  HoLBfia  of  Massachusetts,  and  Pitkin. 
Mr.  L0WMDB8,  as  Chairman  of  the  Committee 
of  Ways  and  Means,  did  not  justify  all  the  ax« 
panditure,  but  showed  that  a  considerable  part  of 
It  was  unavoidable. 

The  principal  item  of  expense  objected  to, 
was  the  charge  for  expenses  o(  the  commission, 
in  addition  to  the  salaries  which  gentlemen  sup* 
Msed  were  to  have  covered  also  the  expenses  of 
living  of  the  commissioners,  agent,  4bc.  It  was 
Inrther  objected  that  the  number  of  officers  em- 
ployed by  the  commissioners  was  too  large,  and 
iMr  compensation  too  great,  there  being  two 
•eeretaricHi  instead  of  one,  and  private  secreta- 

s,  and  the  salary  of 
;was  also  objected 
proceeding  of  the  Northern 
ooMamission  (the  exBenses  of  which  were  prin- 
elpaliy  objeoted  to)  nad  been  more  minutely  par- 
ticular than  a  due  execution  of  the  object  of  the 
commission  required,  and  that  it  ought  to  be  ex- 
pedited. These  objections  were  stated  as  the 
mund  for  a  delay  of  the  appropriation  for  this 
bead  of  expenditure,  until  a  mtnute  investiga- 
tioii  could  be  made,  by  the  committee  who  have 
tbe  subject  specially  confided  to  their  investi- 
gation. 

The  discussion  resulted  in  a  partial  approprta- 
tioa  for  the  expenses  under  these  articles  of  the 
British  treaty ;  and  in  restricdag  the  salary  of 
Ibe  agents  to  $3,000,  notwithstanding  the  objac- 
lion  of  Mr.  Baldwin  and  others,  that,  as  one* 
kalf  of  the  expenses  were  to  be  paid  by  each 
Government,  the  salaries  of  our  officers  ought 
eenainly  to  be  as  large  as  those  of  the  BriUsb 
0fkers  of  the  same  description. 

The  Committee  then  rose,  and  reported  the 
appropriation  bill,  with  the  amendments  which 
^  hM  been  mades  and  the  House  adjourned. 

Monday,  March  30. 

Mr.  PoiNDfiXTBN  presented  a  petition  of  the 
Otneml  Assembly  of  tbe  State  of  Mississippi, 
pfaying  that  an  act  may  be  passed  gmnting  to  all 
persoas  in  said  territory,  who  have,  or  may  forfeit, 
thair  lands,  for  nonpayawat  of  the  purchase 
money,  on  or  before  the  1st  day  of  May,  1819, 
the  right  of  pre-emption  in  the  purchase  of  the 
lands  by  them  forfeited,  respecUvely^Referred 
to  the  Committee  on  the  Public  Lands. 

Mr.  L0WNDB8,  from  the  Commitue  of  Ways 
and  Means,  reported  the  bill  from  the  Senate  to 
Increase  the  salaries  of  certain  officers  of  the 
T^^i?.'".?"'^*'*^  with  some  amendments,  [making 
the  biU  take  e£Eeet  from  the  first  of  April  nexL 
instead  of  January  last,  and  striking  out  the  ap- 


propriation contained  in  the  bill,  leaviag  it  to  be 
provided  for  in  the  geneml  annual  appropriation 
bill,]  which,  together  with  the  bill,  were  com* 
mitted  to  a  Committee  of  the  whole  House. 

Mr.  SBTaBBT,  from  the  Committee  of  Com* 
meree  and  Manufactures,  to  which  was  referred 
the  bill  from  the  Senate,  entitled  '^An  act  for  t^e 
relief  of  Martin  Warner,"  reported  the  sMae 
without  amendment,  and  the  bill  was  ordered  to 
be  read  a  third  time  to-day ;  which  was  eoaae- 
quently  done,  and  the  bill  passed. 

The  Spbakee  laid  before  the  House  papers 
referred  to  in  the  report  of  the  Secretary  of  State 
of  the  14th  instant  accompanying  the  Message 
of  the  President  ot  that  date,  on  the  subjeet  of 


our  affairs  with  Spain,  embracing  aa 
volume  of  correspondence  between  our  Qovem- 
ment  and  the  Minister  of  Spain  anueedent  to 
that  coain^unioated  on  the  14th,  and  sundry  other 
papers,  transmitted  to  the  House  by  the  Secre- 
tary or  State  in  obedience  to  instruction  from  the 
President  of  the  United  States.  The  papers  were 
referred  to  the  Conkmittee  on  Foreign  Relatioas. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  passed  the  resolutioa  '^  re- 
specting: an  adjournment  of  the  first  session  of 
the  Fifteenth  Congsess,"  with  an  amendment,  ia 
which  they  ask  the  concurrence  of  this  Houaa. 
The  Senate  have  also  passed  bills  of  the  foU 
lowing  titles,  to  wit : 

An  act  declaring  the  consent  of  Congress  te 
an  act  of  the  State  of  North  Carolina,  for  the 
lelief  of  sick  and  disabled  American  seamen ; 
'  An  act  for  the  relief  of  Louis  and  Antoiae 
Dequindue ; 

An  act  for  the  relief  of  the  president,  directors, 
and  company  of  the  Merchants'  bank  ef  New- 
port, in  Rhode  Island ;  and 

Resolution  directing  medals  to  be  struck^  and, 
together  with  the  thimks  of  Congress,  presented 
to  Major  General  Harrison  and  uovernor  Shel* 
by,  and  for  other  purposes ;  in  which  last  men- 
tioned bills  and  resolotion,  they  ask  the  coocar- 
reaee  of  this  House. 

The  bills  from  the  Senate,  entitled  "An  act  for 
the  relief  of  the  president,  directors,  and  eomnany 
ef  the  Merchaats'  Baak  of  Newport,  ia  RMe 
Island ;"  and  **An  act  for  the  relief  of  Louia  and 
Antoine  Dequindue,"  were  severally  read  twieej 
and  referred  to  the  Coaunittee  or  Waya  and 
Means. 

The  bill  from  the  Senate,  entitled  ^An  act  de- 
claring the  consent  of  Congress  to  an  act  of  the 
State  of  North  Carolina,  for  the  relief  of  sick  aad 
disabled  seamen,"  was  read  twice,  and  ordered  te 
be  read  a  third  time  to-morrow. 

The  resolution  from  tbe  Senate,  ^'direetiof 
medals  to  be  struck,  and,  together  with  the  thanks 
of  Congress,  presented  to  Major  Gkneral  Harri- 
son and  Governor  Shelbv,  and  for  other  purpo* 
ses,"  was  read  twice,  and  ordered  to  be  read  a 
third  time  to-day.  The  resolution  was,  aeeord- 
inglv,  read  a  third  time,  and  passed. 

The  joint  resolution  sent  to  the  Senate  from 
this  House,  fixing  on  the  13th  proximo  for  tke 
adjournment  of  the  session,  having  been  retttfaed 


Digitized  by 


Google 


1649 


HISTOlEtT  Of  COKORBSS. 


1650 


MmmcBj  1618. 


Makrnal  ImprmfemmU^Hutory  (f  Cmgmt, 


H.opR. 


{torn  Uie  SeBftte  wich  an  •meMlmtBt,  sabstitutiiig 
ri^  20ih  q£  April  for  the  ISth— 

Mr.  SMiTBy  of  Maryland,  moved  the  iodefinite 
paitpottcaiieDt  of  tto  resolutioa,  hot  sobseqaently 
vtthdvew  his  motioD ;  when 

Mr.  Bbiob£r  mored  that  the  resolution  lie  on 
(ke  faUfl,  which  motioa  was  decided  in  the  nega- 
tive, hf  Teas  and  nays^yeas  41,  nays  111 ;  and 
Um  atteBdmeat  of  the  mnate  was  then  agreed 
to  without  a  division. 

GOTBRMMBNT  CLBRK8. 

Mr.  Holmes,  of  Massachusetts,  from  the  com- 
mittee appointed  to  inquire  whether  any,  and 
what,  clevKs  or  other  officers  in  either  of  the  de- 
partmenta,  or  in  any  office  at  the  Seat  of  Gov* 
eminent,  hate  conducted  themselves  improperly 
in  their  official  duties,  made  a  long  report  em- 
bracing a  particdar  detail  of  fkcts  touching  the 
eonduct  of  several  clerks,  accompanied  by  a  vo- 
lominoos  mass  of  papers,  containing  evidence, 
&c.,  and  concluding  with  the  following  resolu- 
tions: 

1.  Raohed^  That  it  is  expedient  to  prohibit  the 
clerks  in  ihit  several  departments  from  acting  as  agents 
fat  daimanu  against  the  United  Sutes. 

%,  JRewhed,  That  it  is  expedient  to  prohibit  the 
derks  in  the  several  departments  from  engaging  in 
the  business  of  trade. 

8.  Betohedt  That  the  several  acts  relating  to  die 
Treasury  Department  shoidd  be  amended  and  certaia 
peaalrtes  inoreased. 

4w  Reaohedt  That  a  committee  be  appointed  to  re- 
part  a  bUl  or  btHs  ta  carry  intoeflbet  tfM  above  reselUp 


Tlie  report  was  ordered  to  be  printed,  and — 
sHer  a  few  remarks  from  Mr.  Lowiidbs,  who, 
widioat  in  the  least  questtoning  the  correctness 
«f  tlM  ^jeet  of  the  committee,  suggested  whe* 
Hier  tbe  present  course  was  proper,  which  would 
fa  effect)  cast  censure  on  the  heads  of  the  depart- 
neiito  for  permitting  these  irregularities,  when  it 
waa  known,  and  he  presumed  to  the  committee 
■lao,  that  the  Executive  departments  had  for 
tome  time  had  this  subject  under  oonsideration, 
and  were  engu;ed  in  applying  remedies  to  the 
iaireeukrittes  referred  to  by  the  committee-^the 
vemutiotts  were  severally  agreed  to,  and  a  conn 
Wittee  was  appointed  accordingly;  and  Mr. 
HouiBa,  of  Massachusetts,  Mr.  BaLnwiii,  Mr.  T. 
M.  Nvusoii,  Mr.  Rbbo,  Mr.  SeirrRARn,  Mr.  Tall- 
MAPQ^  and  Mr.  CaimBLL,  were  appointed  the 
^ommtttae. 

mnn»AL  iMnofnyizvm. 

Mr.  TuouB,  of  Viffgiaia,  £rom  the  committee 
lo  whon  waa  relerred  that  part  of  the  President's 
Masaage  rtlatia^  to  roads,  and  canals,  and  aean* 
«artea  of  leanuag,  reported  the  fbliowiag  reso- 
Judeaa.  whioh  were,  on  motion  of  Mr.  BAaaarr, 
•ffdered  to  lie  on  the  table  and  be  printed : 

Bemheii,  That  the  decietaiT  of  War  be  requested 
te  lajbeiMa  this  House  at  the  eaaumg  session  of 
CuugieM,  93Dd  teportaplaii  fiirthe  appliMtionof  saoh 
Bvana  as  are  wioiia  the  power  ol  Cengfess^  to  the  pur- 
feae  of  opening  and  eeastrueting  aueh  roads  and  ea* 
mis  aa  may  desitve  and  require  the  aid  of  the  Gov- 


evnment,  with  a  view  to  military  opevationa  in  thnaef 
war,  the  transportation  of  manttieiM  of  war,  and  to 
tl»  more  compkete  defenoa  of  the  UaitedStalsa.  Aad 
also  a  statement  of  the  works  of  the  nataM  aboee 
mebtioned^  which  have  been  conuasiieed,  the  piogisai 
which  has  been  nnde^  and  die  BMaas  and  piMpeot  of 
tlMir  complation>  together  with  sueh  infeittmaa  as 
in  the  opinion  of  tbe  Seoietary  sImAI  be  nnteiial  in 
lelalien  to  the  objects  of  Hum  lesolation. 


R99okfed,  That  the  Secretary  of  the  Treasary  be 
requested  to  preaane  and  report  to  thia  Hous^  at  Mr 
next  session  a  plan  lar  the  appltcatiisQ  of  anekaseaw 


asare  wiiiia  the  power  of  Coagress  to  tiie  pufpeas  ef 
opeaiag  and  improwng  roads  and  making  osssais,  to* 
gather  with  a  stateaseat  of  the  undertakings  ef  ttiat 
naiare,  whieh,  as  obfeels  of  public  improvement,  nsy 
reqaire  and  dsaerve  the  aid  of  the  GovemaMnt;  and 
also  a  stateoKat  of  vrorbs  ef  the  nature  d)Ove  OMa- 
tioned,  which  have  been  eoaunenoed,  tbe  piagiasM 
which  has  bean  made  in  them,  the  means  and  pros- 
pect of  their  being  coaspleted,  the  public  ianrosa- 
ments  carried  on  by  States,  or  by  oompanies,  or  iaoer- 
porations,  which  have  been  associated  Ur  OMh  p«f^ 
poses,  to  whieh  it  amy  be  deemed  expedieattasdhsoribe 
or  afibffd  assistsnee,  the  tanns and  oondittasof  sncAt 
aaso<iiBliiiiiB,  aad  the  state  of  their  frmds,  aad  sadi 
inforasatioa  as^  m  the  opinion  ef  the  Seentaiy,  sMl 
bemateviai  mrebtion  to  the  objects  of  dib  lesaladen. 

HISTORY  OF  CONGRESS. 

Mr.  RoBBRTSON,  of  Louisiana,  from  the  com- 
mittee appointed  on  tbe  petition  of  Gales  db  Sea- 
ton,  made  a  report  thereon,  which  was  read ; 
when  Mr.  R.  reported  a  bill  authorizing  a  sub- 
soriptiott  to  the  History  of  CoDgress,  which  was 
read  twice, and  committed  to  tbe  Committeeof  the 
Whole,  to  which  is  committed  the  bill  to  provide 
for  the  publication  of  the  laws  of  tbe  United 
States,  and  for  other  purposes.  The  report  is  as 
fotiows : 

The  committee  to  whom  was  referred  the  memorial 
of  Gales  dt  Seaton.  report  r  Hiat  the  memorialists  are 
engaged  in  pubUming  a  history  of  the  Congress  of 
^  United  States,  from  the  commencement  of  tiie 
Government  to  the  present  day,  and  ^  continuation 
of  the  same  history,  to  ke^  pace  with  tiie  present  and 
foture  transactions  of  that  body.  The  memorialists' 
solicit  the  aid  of  the  Government  in  this  their  labori- 
ous and  expensive  undertaking.  The  committee  are 
ftiUy  isapresssd  with  the  importaace  of  this  woric 
Ilotking  can  be  more  asefrd  thsa  a  correct  tegislallve 
hirtoiy  of  the  United  States.  It  is  a  senroe  of  much 
regret  that  one  has  not  heretofore  existed;  and  now, 
that  it  is  proposed  to  be  published,  these  caa  be  ae 
hesitation  in  giving  it  encouragement.  The  views 
aad  opinions  of  the  great  actors  on  the  theatre  of  goY- 
enuaent,  are  not  less  necessary  to  be  known  than 
their  acts  tbemselYSs.  The  utihty  of  judicial  reports 
is  very  generally  admitted ;  and  if  the  reasons  of  the 
judge  ought  to  accompany  Ids  exposition  of  the  law, 
how  muidi  more  proper  is  it  that  thii  should  be  the 
case  in  respect  to  the  views  of  the  legislator,  the  au- 
thor of  the  law  itselfl  To  a  right  understanding  of 
statutes,  nothing  is  mere  essential  than  a  knowledge 
of  the  causes  and  motives  whioh  prodaced  their  enact- 
ment ;  and  this  can  in  no  way  be  so  satisfcolOrily  ob- 
tained as  by  a  resort  to  contemporaneous  debate. 

Tliat  the  aid  of  Congress  is  necessary  to  this  work, 
arises  out  of  the  great  labor  and  expense  attending  it. 


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HISTORY  OP  CONGRESS. 


1652 


H.ofR. 


Appropriation  Bill — Spanish  American  Provinces. 


March,  1818. 


whiltt,  at  the  Mine  time,  no  adequate  remuneration 
can  be  expected  from  its  sale.  The  agriculturist,  the 
merchant,  the  mechanic,  and  the  physician,  who  pur- 
chase other  books,  will  feel  comparatively  but  little  in- 
terest in  this,  however  useful  it  may  be  to  the  politi- 
cian, Uie  historian,  and  the  law-giver.  The  worlcwill 
not  afford  amusement  to  the  general  reader ;  but  with- 
out it  the  archives  of  the  nation  are  defective. 

Congress  has  not  been  backward  in  giving  aid  to 
publications  of  a  similar  character.  Of  the  new  edi- 
tion of  the  laws  of  the  United  States,  a  subscription 
was  directed  of  one  thousand  copies,  before  the  work 
was  commenced.  Three  or  four  hundred  have  been 
since  purchased  of  that  work,  and  it  is  now  proposed 
to  purchase  eight  hundred  copies  more.  A  subscrip- 
tion was,  in  like  manner,  authorized  to  Wait*s  edition 
of  the  public  documents,  and  it  is  further  proposed  to 
.  purchase  an  equal  number  of  copies  of  an  additional 
volume  of  that  work,  about  to  be  published.  The  po- 
licy is  not  less  just  than  liberal,  which  provides  for 
the  widest  attainable  diffusion  of  whatever  concerns 
the  development  of  the  springs  and  principles  of  our 
Government 

With  such  views  it  is,  that  at  the  present  session, 
the  publication  of  the  journals  of  the  Convention,  and 
of  the  secret  journal  of  the  old  Congress,  has  been  au- 
tliorized;  and,  with  such  views,  the  committee  ask 
leave  to  report  a  bill "  authorizing  a  subscription  to  the 
History  of  Congress.'' 

GENERAL  APPROPRIATION  BILL. 

The  House  then  look  up  and  proceeded  to  con- 
sider the  ameDdments  reported  by  the  Committee 
of  the  Whole  to  the  bill  making  appropriations 
for  the  support  of  Government  for  the  year  1818 ; 
which  amendments  were  severally  concurred  in 
without  debate,  with  the  exception  of  that  mak- 
ing an  appropriation  of  $130,000  to  pay  the  judg- 
ment of  damages  recovered  against  David  Gd- 
stOD  and  Peter  A.  Scheuck,  in  the  supreme  court 
of  New  York,  by  Gould  Hoyt,  for  the  seizure  of 
the  vessel  the  American  Eagle. 

Messrs.  Hopkinbon.  Baldwin,Livermorb,  and 
Mercer  opposed,  and  Messrs.  Lowndes,  Smith 
of  Maryland,  and  Spencer,  supported  the  appro- 
priation. The  opponents  contended  that  the  claim- 
ants were  not  entitled  to  relief,  because  thev  seized 
the  vessel  on  their  own  responsibility ;  because 
they  did  not  take  the  proper  steps  to  appeal  from 
the  decision  of  the  district  court  refusing  a  cer- 
tificate that  the  seizure  was  made  on  probable 
cause;  and  because,  as  they  would  derive  a  bene- 
fit from  the  forfeiture,  if  one  had  been  decreed, 
they  ought  to  submit  to  the  consequence  of  an 
improper  seizure.  It  was  answered,  that  the  claim- 
ants had  refused  to  seize  until  peremptorily  di- 
rected by  the  Executive ;  that  the  proceedings 
were  then  in  the  hands  of  the  law  officers  of  the 
Goveroment,  over  whom  the  claimants  had  no 
eontrol,  and  they  could  not  direct  an  appeal  to 
the  superior  courts ;  that  such  appeal  would  have 
been  useless,  as  there  was  a  decision  of  the  Su- 
preme Court  of  the  United  States  in  another 
cause,  confirmiog  the  decision  of  the  district 
court,  that  St  Dominffo  was  not  a  prince  or  state, 
within  the  meaning  of  the  act  of  1794 ;  that  an 
appeal  would  have  involved  greater  expense  un- 
necessarily ',  that  the  claimants,  not  being  the  in- 


formers, it  was  doubtful  whether  they  would  have 
derived  any  advantage  from  a  condemnation; 
and  that  at  all  events  it  was  shown  from  the  doc- 
uments, that  such  an  expectation  did  not  iofla- 
ence  them.  Mr.  Hopkinson  mentioned  that 
money  had  been  drawn  from  the  Treasury  and 
paid  to  the  sureties  of  the  claimants,  and  he  would 
not  sanction  such  an  act  by  passing  the  present 
law.  To  this  Mr.  Lowndes  answered,  by  pro- 
ducing a  letter  from  the  Secretary  of  the  Treas- 
ury, ^om  which  it  appeared  that  the  rules  of 
the  court  of  errors  in  New  York  required  secu- 
rity to  be  given  before  a  writ  of  error  could  be 
brought  upon  the  judgment  rendered  against  the 
claimants;  and  that  Mr.  Gelston  had  deposited 
$125,000  in  a  bank,  to  the  credit  of  his  sureties, 
out  of  moneys  collected  by  him;  and  that  it  had 
been  staled  in  his  quarterly  accounts  regularly 
ever  since.  Many  other  incidental  points  arose. 
The  clause  finally  passed  by  a  vote  of  60  to  59. 

The  amendments  having  been  gone  through — 

Mr.  Forsyth  moved  to  strike  but  the  specific 
appropriation  of  $30,000  to  pay  the  mission  to 
South  America,  and  to  add  the  $30,000  to  the 
contingent  fund. 

Mr.  F.  remarked,  in  explanation  of  his  motioo, 
that  the  specific  appropriation  supposed  that  the 
persons  sent  by  the  President  were  official  char- 
acters ;  as  such,  it  was  necessarv  that  their  ap- 
pointments should  be  submitted  to  the  Senate. 
They  would  be  considered  in  the  light  of  Minis- 
ters of  some  grade,  sent  to  a  foreign  Qovernmenc, 
and  not  agents  appointed  under  the  discretion  of 
the  Executive  to  acquire  information.  The  prac- 
tice of  all  former  times  required  the  payment  to 
be  made  out  of  the  contingent  fund,  whose  ex- 
penditure was  trusted  wholly  to  Executive  dis- 
cretion. The  recognition  of  such  unofficial  agentsL 
and  a  specific  appropriation  to  pay  them,  would 
be  to  establish  a  precedent  for  the  most  extensire 
abuses — abuses  which  could  not  well  be  commil- 
ted  by  expenditures  out  of  the  contingent  fuo4* 
He  believed  there  was  little  diflference  of  opinion 
as  to  the  propriety  of  the  course  adopuni  by  the 
Gk)vernment,  and  none  to  the  appropriatioa  of 
the  necessary^  funds  to  meet  its  views.  He  sup- 
posed that  his  motion  would  prevail  without  dim- 
culty,  and  reconcile  every  possible  objection  to 
that  part  of  the  appropriation  bill. 

Mr.  Lowndes  signified  his  approbation  of  Mr. 
Forsyth's  proposition ;  and 

The  motion  was  agreed  to  without  opposition. 

SPANISH  AMERICAN  PROyiNC£& 

Mr.  Anderson,  of  Kentucky,  then  rose  and  re- 
newed the  proposition  unsuccessfully  made  in 
Committee  of  the  Whole  by  Mr.  Clat,  to  appro- 

griate  a  sum  not  exceeding  $18,000  "  for  an  om^ 
t  and  one  year's  salary  of  a  Minister  to  the  Uoi* 
ted  Provinces  of  the  River  Plata,  the  outfit  to  he 
paid  and  the  salary  to  commence  whenever  the 
President  shall  deem  it  expedient  to  send  a  Mift«- 
ister  to  the  Gh>vernment  of  the  said  provineea.'* 

Mr.  Andbeson  made  this  motion  not  with  ma 
idea  of  a  different  result,  bat  in  consideration  of 
the  great  importance  of  the  question,  on  which  it 


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HISTORY  OF  CONORBSS- 


1664 


BIabch,  1618. 


Spaniih  AfMrican  Province$. 


H.  Of  R. 


was  desirable  to  have  the  vote  recorded,  with 
which  view  he  asked  for  the  yeas  and  nays. 

Mr.  Spenoeb  observed  that  he  would  trespass 
on  the  indulgence  of  the  House  but  a  few  mo- 
ments. It  is  not  my  intention,  said  Mr.  S.,  to 
discuss  the  merits  of  this  proposition.  After  the 
wonderful  ability  which  it  has  already  called 
forth ;  after  the  splendid  blaze  of  eloquence  which 
has  been  poured  upon  the  subject,  I  ha? e  not  the 
vanity  to  suppose  that  I  can  throw  any  new  light 
opon  it.  But  some  ideas  have  been  avowedin 
the  debate,  and  some  insinuations  have  been  made 
which  render  it  proper  and  necessary  for  me  to 
state  the  reasons  which  induce  the  vote  I  shall 
give  in  favor  of  the  amendment.  It  has  been 
said  by  one  gentleman  that  the  passage  of  this 
amendment  would  be  a  censure  upon  the  £zecu- 
tive.  And,  pray  sir,  if  it  were,  does  that  alter  the 
case  ^  Are  we  assembled  here  to  vote  according 
to  the  wishes  of  tbe  President  ?  or,  have  we  a 
duty  of  our  own  to  perform  ?  As  one,  sir,  so  long 
as  1  hold  a  seat  on  this  floor,  it  shall  be  my  pecu- 
liar object  to  watch  the  Executive  branch  of  the 
Government-^not  the  individual,  but  the  acts  of 
that  branch.  To  us,  and  to  us  only,  is  he  re- 
tiransible,  according  to  the  provisions  of  tbe  Con- 
stitution. 

Another  sentleman  has,  however,  carried  this 
idea  much  further.  He  (Mr.  H.  Nblson,  of  Vir- 
ffiaia,)  tells  us  that  this  proposition  is  the  signal 
lor  a  new  formation  of  parties,  and  is  intended  to 
denounce  the  President.  Sorry  I  am,  sir,  to  hear 
such  groundless  alarms  rung  to  prevent  the  adop- 
tion of  this  measure.  Denounce  the  President ! 
"Why,  sir,  yon  may  as  well  expect  the  pif^y  to 
denounce  the  giant.  Look  at  the  present  incum- 
bent of  the  Executive  Chair;  besides  the  usual 
influence  of  his  office;  besides  his  almost  un- 
bounded patronage,  his  power  of  bestowing  an 
office  here  and  a  contract  there;  he  possesses  a 
popularity  and  an  influence  at  this  moment,  which 
was  never  equalled  by  any  other  man,  excepting 
the  Father  of  his  Country,  in  the  first  years  of  his 
Administration.  And  who  is  to  denounce  him  ? 
The  House  of  Representatives:  a  body  without 
power,  without  inauence,  and  so  far  from  being 
popular,  that  it  is  notoriously  the  branch  of 
the  Government  most  frequently  calumniated. 
When  these  are  put  in  opposition,  «nd  it  is  said 
that  the  weak,  the  imbecile,  is  denouncing  the 
man  mightv  in  strength;  the  malevolent  mi^ht 
infer  that  the  remark  was  intended  as  a  caution 
to  the  pif  my^  how  he  exposed  himself  to  the  wrath 
of  th^  giant.  But,  sir.  let  me  inform  you  aini  the 
gantleman  who  made  ihe  remark,  that  such  men- 
aces have  no  terrors  for  me.  The  path  of  duty 
lies  plainly  before  me,  and  I  shall  not  be  deterred 
from  pursuing  it  by  any  apprehensions  of  danger 
from  any  source. 

But  tbe  imagination  of  the  gentleman  is  af- 
fected with  the  dread  of  the  formation  of  a  new 
party.  Let  him  dismiss  his  fears,  sir,  at  least 
until  he  finds  us  coalescing  with  our  old  oppo- 
nents; as  one^  sir,  I  disavow  any  such  feeling, 
any  such  motive.  I  claim  to  belong  to  the  old 
Republican  party  of  this  country ;  I  was  nurtured 


in  its  bosom,  I  have  grown  with  its  growth,  and 
strengthened  with  its  strength,  and  I  shall  be  the 
last  man  to  attempt  its  division.  I  will  enlist 
under  the  banners  of  no  man ;  I  adopt  as  my 
maxim,  in  the  fullest  extent,  the  motto  of  tbe  pre- 
sent President,  "  principia  non  homines,^^  princi- 
ples, not  men.  1  shall  adhere  to  the  Republican 
majority,  so  long  as  it  adheres  to  the  principles 
on  which  it  was  formed,  and  upon  which  it  tri- 
umphed, but  not  one  step  further  will  I  go,  with 
any  man  or  with  any  party. 

But  so  far  from  the  present  proposition  being  a 
censure  on  the  Executive,  my  belief  is,  that  from 
every  public  act  or  declaration  of  his,  with  which 
we  are  acquainted,  we  are  justified  in  inferring 
that  it  will  be  consonant  to  his  views.  It  cannot 
be  necessarv  to  travel  over  this  ground  again^  af- 
ter it  has  been  so  well  explored  by  mv  friend 
from  Massachusetts  (Mr.  Holmes.)  The  pro^ 
position  is  simply  to  give  the  President  the  means 
of  sending  a  Minister  to  the  Government  of  Bue* 
nos  Ayres,  whenever  it  shall,  in  his  opinion,  be 
expedient  to  do  so.  I  would  not  now  send  a  Min- 
ister there ;  I  would  certainly  wait  for  one  to  be 
first  sent  to  us  from  that  Government,  and  pru- 
dence also  would  dictate  some  delay  until  more 
certain  intelligence  was  received  from  there.  But 
I  am  anxious  to  evince  to  the  world,  and  to 
the  snfiering  patriots  who  are  struggling  in  the 
noble  cause  or  liberty,  our  desire  to  seize  the  very 
first  opportunity  to  hail  them  as  brethren.  That 
the  President  possesses  the  same  feeling,  the  same 
anxiety,  is,  I  think,  evident,*from  every  page  of 
his  message,  and  of  the  correspondence.  Let  us 
then,  by  our  acts,  exhibit  the  same  ardor,  and,  as 
far  as  we  are  able,  animate  our  sufiering  brethren 
in  their  glorious  struffgle  for  independence. 

The  proposition  before  us,  is  now  made ;  it  will 
be  known  to  the  world,  to  Spain, and  to  Spanish 
America.  It  must  he. adopted  or  rejected.  If 
successful,  I  need  not  repeat  the  benencial  con- 
sequences, which  have  already  been  so  eloquentlf 
described.  If  it  be  rejected,  ask  gentlemen  to  re- 
flect whether  that  event  will  not  wear  aH  aspect 
of  unkindness ;  I  will  not  say  of  hostility  to  the 
cause,  because  every  gentleman  who  has  yet  ez- 
pressi^  his  sentiments,  has  declared  them  to  be . 
warmly  and  stroiigly  in  favor  of  that  cause;  but, 
I  repeat  the  question,  whether  it  will  not  have  the 
appearance  of  indifierence? 

But,  sir,  I  vote^  for  this  proposition  on  another 
ground.  I  believe  most  nrmly  that  we  have  the 
Constitutional  power  to  legislate  on  this  and  every 
other  subject  connected  with  our  foreign  relations, 
or  with  tlie  regulation  of  commerce.  I  hold  it  to 
be  a  power  concurrent  with  that  of  the  Execu- 
tive branch,  and  believing  it  to  be  one  of  the  most 
important  which  this  House  possesses,  I  would 
maxe  a  perj^tual  claim  to  the  right  on  every  pro- 
per occasion,  and  I  would  place  it  on  the  records 
of  the  nation  as  an  eternal  evidence  of  that  claim. 

Since  then,  no  injury  can  flow  from  its  adop- 
tion, because  it  will  still  be  left  to  the  Executive 
discretion ;  but  on  the  contrary,  much  good  is  con- 
fidently anticipated ;  and,  since  its  rejection  may 
depress  that  cause  for  which  we  all  profess  so 


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mSTOKY  0^  eOIIGBI8& 


IMI 


H.orR. 


Pfomdkki9. 


M^ftCB,  lilt. 


miteh  Bttaohmeiit,  let  us  tdVaBce  and  6h«i«  with 
the  Bxeeuti^  thtt  reeponsibility  which  nowresta 
with  hino}  «nd  which  most,  Id  anf  ev«ot  chiefly 
conttvue  with  him. 

When  Mr.  Spenobb  coneladed — 

The  qoestitni  was  taken  on  the  motion,  and 
decided  in  the  negatire,  by  yeas  and  nays,  hy 
exactly  the  same  Ycyte  as  decided  the  question  in 
Committee  of  the  Whole,  Tiz :  yeas  46,  nays  115, 
as  follows: 

Ybas — Messrs.  Anderson  of  PsnnsyWania,  Ander- 
son of  Kentucky,  Bsrber  of  Ohio,  Bellinger,  Bloom- 
fieldy  Blount,  Boden,  Claibome,  Comstock,  Cook, 
Crawford,  Desha,  Drake,  Earle,  Floyd,  Gage,  Harri- 
son, Herkimer,  Heirick,  Holmes  of  Massachusetts, 
Johnson  of  Virginia,  Johnson  of  Kentneky,  Jones, 
KloNnr,  Menill,  Murray,  New,  Ogle,  Owen,  Pattei^ 
SOB,  Porter,  Quailes,  Robertson  of  Kentucky,  Robertson 
of  LouMiana,  Rogsts,  8haw,8peneer,  Tarr,  Townssnd, 
Trimble,  Tucker  of  Tirginia,  Upham,  Walker  of  North 
Carolina,  Walker  of  Kentucky,  and  Whiteside. 

Nays— Messrs.  Abbott,  Adams,  AUen  of  Mssta- 
chusetts,  AUen  of  Vermonl,  Austin^  Bsidwin,  Ball, 
Barbour  of  YirgiBia,  BasMtt,  Batemaa,  Bayley,  Beech- 
es, Bennett,  Boss,  BurweU*  Butkc,  Campbell,  Clagett, 
Cobb,  Colston,  Crafts,  Cruger,  Culbieth,  Cuihman, 
Dairlington,  Sdwaids,  EUicott,  £f?in  of  South  Car- 
olina, Folger,  Forney,  Forsyth,  Oamett,  Hall  of  Dela- 
ware, Hall  of  North  Camlina,  Hasbrouck*  Herbert, 
Hitchcock,  Hogg,  Hohnes  of  Connecticut,  Hopkinson, 
Hubbard,  Hunter,  Huntington,  Inring  of  New  York, 
KirtUnd>  Lawyer,  Linn,  Little,  Livermore^  Lowndes, 
W.  P.  Maclay,  McCoy,  Marr,  Mason  of  Massachu- 
setts, Mason  of  Rhode  Island,  Mercer,  Middteton, 
Moore,  Morton,  Moseley,  Mumford,  Jeremiah  Nelson, 
H.  Nelson,  Ogden,  Palmer,  Parrott,  PawUng,  Pindall, 
Pitkin,  Pleasants,  Poindexter,  Reed,  Rhea,  Rice, 
Rich,  RidMrds,  Rhiggold,  Ri^es,  Sampson,  Sarage, 
Schuyler,  BcftM&t,  Sergeant,  Settle,  fitoybc^  ^er- 
woed,  Silsbee,  SimUns,  Sloeumb,  8.  Smith,  Ballard 
Smith,  Alexander  Smylh,  J.  &  Ssaitfi,  Speed,  Stewart 
of  North  Carolina,  Steong,  Stuart  of  Maryland,  Tall- 
madge»  Tli^lor,  TerriU,  Terry,  Ton^kins,  Tucker  of. 
South  Csiofina,  Tyler,  WaUaoe,  Wendover,  Weatmw 
la.  Whitman,  Wiltiams  of  CenniseCicut,  Williams  of 
New  York,  WiUiams  of  North  Camlina,  Wilkin,  Wil- 
son  of  Massachusetts,  and  Wilson  of  Pennsykania. 

The  bill  was  then  ordeced  ta  be  aagfossed  for  a 
ttiif  d  vending* 

TasaoAT,  March  31. 

Mr.  BfiTBfiftT,  from  the  Committee  on  Com- 
merce and  Manufaetures,  made  unfavorable  re- 
potts  on  the  sereral  petitions  of  the  manufac- 
turers of  looking-glasses  in  fVames,  and  carvers 
and  gilders  of  wood ;  on  the  petitions  of  the  mer- 
chants, traders,  and  tailors,  of  Boston  and  Phila- 
delphia, and  on  the  petition  of  TfTheeier  and 
Cock;  which  reports  were  read,  and  severally 
concurred  in. 

Mr.  FoRNET,  from  the  Committee  on  Military 
Affiidrs,  made  a  report  on  the  petition  of  Qeorge 
Shover.  which  was  read ;  when  Mr.  F.  reported 
a  bill,  aUowing  bounty  in  land  and  pay  to  certain 
soldiers  who  left  the  service  without  leave,  after 
the  elooo  of  the  late  war  with  Great  Britain; 


which  was  read  the  ifst  and  soeosd  time,  nod 
ordered  to  lie  on  the  table. 

Mr.  JoHiraoN,  of  Kentucky,  from  the  sume  com- 
mittee, to  which  was  referred  the  bills  from  tbo 
Senate,  entitled  ^  An  act  for  the  relief  of  Caia 
Bunnell ;"  aad  <'An  act  regulating  the  suff  tff  the 
army;"  reported  the  said  bills  without  anMMnA* 
ment. 

The  bill,  <'  for  the  relief  of  Cata  BoMieU,*'  wis 
ordered  to  be  read  a  third  time  to-morrow. 

The  bill,  <*  regulating  the  stafi'ofihaarmy,'*wms 
ordered  to  lie  on  the  table. 

Mr.  HannanT,  (rem  the  Committee  for  the  Dis- 
trict of  Columbia,  to  which  were  committed  the 
bills  from  the  Senate  of  the  following  titles|  ea 
wit :  *<  An  act  to  make  valid  certain  a<u  of  the 
justtcas  of  the  peace  in  the  District  of  Columbia  f* 
'^An  act  to  regulate  the  fees  of  pabiio  notaries  in 
the  county  of  Washington,  in  tne  District  of  Co^ 
lumbia  f  and  ''An  act  to  incornorate  a  Fire  losor- 
anee  Company  in  the  City  or  Washington;'*  re* 
ported  the  said  bills  without  amendment. 

OrdertcL  That  the  former  of  the  said  bills  lie 
on  the  table,  and  that  the  two  latter  be  read  a 
third  time  to-morrow. 

On  motion  of  Mr.  BsacaBa,  the  Committee  om 
the  Public  Lands  were  instructed  to  inquire  into 
the  ezpedi^My  of  suspending,  for  one  year,  the 
law  authorizing  the  sale  of  lands  that  have  been 
mtered,  and  have  not  been  paid  for  vrithia  one 
year  after  the  last  payment  shnll  have  beeoaie 
dve. 

On  motioa  o(  Mr.  Pitkiii.  a  committee  was  a{H 
pointed  to  join  such  gentlemen  as  aMiy  he  tp- 
pomted  by  the  Senate,  to  take  mko consideration, 
and  report  what  business  k  necessary  to  be  aet«l 
upon  before  the  close  of  the  present  seesion;  and 
Messrs.  PtTcm,  LowMnie.  and  Williawo  eC 
North  Carolina,  were  appointed  of  the  commit- 
tee on  the  part  of  the  House. 

The  bill  fixing  the  time  (td  of  November)  for 
the  next  dieting  of  Con|^ess,  wis  ordered  to 
be  engrossed,  and  read  a  third  rime  to-morrow. 

The  bill  f^om  the  Senate,  entiiM  "An  net  de- 
dariag  the  eonsent  of  Congress^  to  an  act  of  the 
State  of  North  Caroiioa,  for  the  relief  of  aiek 
and  dkabled  American  seamen; "  was  tmi  the 
third  tiaie,  and  passed. 

An  engroesed  bill,  entitled  <<  An  act  makiBg 
appropriations  for  the  support  of  Ghnrernttent  for 
the  year  ltl8 ;"  was  read  the  third  lime,  ^ 
passed. 

The  bill  for  the  relief  of  Joseph  Thorn,  passed 
through  a  Committee  of  the  whole  Ronse^  and 
was  ordered  to  be  engrossed,  and  read  a  thini 
time. 

A  message  from  the  Senate  informed  the  Hovae 
that  the  Semite  have  passed  the  bill  of  this  Hooae, 
entitled  an  ''Act  for  the  relief  of  Daniei  Burnet^ 
Gibson  Clark,  and  the  legal  representatives  of 
Hubert  Rowel,"  with  an  amendment;  and  they 
have  also  passed  a  biU,  entflled  <*  An  net  sdppio- 
meatal  to  the  act,  entitled  'An  act  further  fo 
amend  the  charter  of  the  City  of  Washington  f* 
in  which  amendment  and  bill  they  ask  the  eoft- 
eurrelMe  of  this  House. 


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HISTOST  OF  CaNaBBSS. 


1«68 


ICiBCB^lftlA. 


The  CtantaiMfli  Road. 


H.orR. 


THl  GUMBBRLAKD  BOAP. 

The  orders  of  the  day  being  annoaBced,  on  ibe 
bill  nakiBg  appropriations ;  the  first,  of  $52,964. 
to  pay  the  elaims  now  due  at  the  Treasarf ;  and 
the  seeond,  of  $260,000,  to  meet  the  demands  that 
will  be  made  under  existing  contracts,  towards 
'    :  the  Cumberland  road — 


Mr.  SpengeBj  of  New  York,  rose,  and  rooyed 
that  the  Committee  of  the  whole  House  be  dis- 
charged from  the  consideration  of  the  bill,  and 
that  It  be  postponed  indefinitely. 

This  motion  brought  on  a  short  debate  on  the 
merits  of  the  bill ;  in  which  the  postponement 
was  adTOcated  by  the  morer,  by  Mr.  Bassbtt, 
Mid  Mr.  LivBBMOEB',  and  opposed  by  Messrs* 
Tdoicbb  of  Virginia,  H^RRfsoN,  Tarr,  Pirdall, 
J^BBoaBB.   Trimblb,   Mbbcbr,  and  Swtb,  of 

Tbe  qnesttoD  on  postponing  the  bill  was  finally 
negmtiTed-*yea8  do,  nays  82,  as  follows: 

y^Mt^Uidmnh  Avstiii,  Baihoor  of  Ybgiiaiay  Bas- 
aett,  BelliQger,  Bannett,  Boden,  BorweU  JButlsr,  C1m« 
ett»  CWhoriMb  Cook,  Cnts,  Czucar,  Brake,  Barli, 
Bdwaid*,  EJfifiotl^  CU^e,  Ganiett,  Hall  of  BelawaiCb 
HaK  ^^Korth  Candma.  Hasbronck,  HeiUiiier,  liogg, 
Hontar,  Huntington.  Johnson  of  Virginia,  Lawyer, 
Lhanoore,  McCoy,  Mason  of  Bbodo  Island,  Mairill, 
Hugh  Jf  elaoo.  Palmar,  Bhsa,  Richards,  Sanpaon,  Bav. 
age,  fteiiddar,  Settle,  Shav,  SUibee,  J.  fi.  Smith,  apen- 
ear.  Strong,  Strotbsr,  Tallmadge,  Tompkiaa,  Town* 
send,  Tockar  of  Soath  Carolina,  Tyler,  Wendo^ei^ 
Williams  of  New  York,  Williams  of  North  Camlina, 
Wilson  of  Massachusetts,  and  Wilson  of  Pem^yl- 
Tania. 

Nats — Messrs.  Abbott,  Anderson  of  Pa.,  Ander* 
■on  of  Kentudty,  Baldwin,  Bateaan,  Bayley,  Beeoh- 
er,  BieomfieM,  Oampbefl,  Cobb,  Colston,  Comstoek, 
Crawfind,  Culbreth,  Coshman,  Darlington,  PeAa, 
Errin  of  South  Carolina,  Forsyth,  Hale,  Harrison, 
Herbert,  Herrick,  Heister,  Hitchcock,  Holmes  of  Mss- 
sadinsetts.  Holmes  of  Connecticut,  Hopkinson,  Irving 
sf  New  York,  Johnson  of  Kentucky,  Jfones,  Kinsey, 
Linn,  Little,  Lowndes,  Mardiand,  Mason  of  Massa- 
chnselts,  Mereer,  Middleton,  Moore,  Moseley,  Mur- 
ray, Jeremiah  Nelson,  Ogden,  Ogle,  Parrott,  Patter- 
aon,  Pawiiiw,  Pindall,  Pitkin,  Pleasants,  Poindeztar, 
Bead,  Rich,  Binggcdd,  Beberlson  of  Louisiana,  Rogem, 
Bngrisi,  Ssnryer,  Schuyler,  Sergeant,  Setyhert,  Sber> 
WQsd,  SImkitta,  Sloeumb^  S.  Ssdtb,  Battard  Santh, 
Speed,  Stawait  of  Notth  Catelitta,  Staait  of  Mary 
laadk  Tm,  Twler,  Tenili,  Tarn>  TiivAla,  Tusker 
of  Virginia,  Upham,  Wallace,  Westerlo»  WhiMde, 
Whitman,  and  Williams  of  Oonnectiout 

The  HoBse  then  reaolT«d  ilself  into  aCoaaaai^ 
9$t  flf  4he  Whok,  on  tke  above  bill. 

Mai  BaesBTT  moved  to  strike  out  the  oeooad 
aeotloB  of  die  btU,  appaopt iaiiaf  9260^00$  to  meet 
the  demands  that  will  be  made  under  extsting 
eonUBeca  for  canryiog  on  tlie  mwkj  und  spoke  in 
sopBorl  of  his  motion. 

The  motion  was  edtocated,  and  tlw  bill  op- 
pBaed.al«o,  by  Mr.  Claibobkb  ;  and  tiM  hill  sap- 
ported,  and  the  motion  opposed,  by  Messrs.  Tuok- 
EB,  ot  Virginia,  Habribon,  Bbbcbbb,  SiifKUfe, 
aftd  Cuiv  i  and  with  particular  jmI  aad  eamest- 
BBBs  by  th*  laatfAamedfentlcBisB. 
Mr.  am»inn,  of  fiAuih  OBDolioB,  said :  1  riae, 


Mr.  ChainoBn,  with  bo  view  to  eater  iuto  an 
elaborate  or  minute  discussion  of  the  question 
before  the  Committee ;  for  to  re-discuss  the  con-» 
stitutionality  of  a  subject  so  intimately  connected 
with  the  one  so  lately  and  ably  examined  in  this 
House,  would  be  a  waste  of  time,  and  a  trespass 
upon  the  indulraice  of  tbe  members.  I  rise  prin- 
cipally to  say  that  I  shall  vote  for  the  great  work 
contemplated  by  the  bill,  not  merely  because  ii  is 
begun,  and  the  faith  of  the  GoTerament  pledged 
by  contracts  witk  indiTiduals  actually  made  by 
the  President,  b«t  because  it  is  a  aatiooal  work,  » 
and  one  of  great  utility  to  the  Western  country 
generally,  and  to  sereral  of  the  Atlantic  States  $ 
and  here,  Mr«  Chairman,  permit  me  to  enter  or 
solemn  protest  against  a  spirit  of  partial  aecttonal 
leffislatioB  in  this  House.  If  this  is  not  the  case, 
way  do  we  hear  the  honorable  gentleman  from 
Virffiaia  (Mr;  Babbbtt)  asking  if  this  House  Ia* 
tenii  to  tax  his  constituents  and  the  whole  ooa- 
tiaeat.  for  a  road  coastruoted  for  the  Sute  of 
Ohio  1  Does  the  gentleman  come  here  to  lefis* 
ktte  for  his  partioukr  diatrict  (except  in  mere 
local  matters,  in  which  I  admit  we  ought  espe* 
oially  to  renreaent  our  ooestituents,)  and  will  ne 
not  extend  nia  Tiews  beyond  it.  or  tae  Statia  from 
which  he  cosaes  1  Yes,  Btr.  Chairman,  when  we 
eame  here,  we  ought  to  bring  along  with  us  geu* 
eral  and  extended  views:  and  I  should  deem  my* 
self  unworthy  to  fill  the  station  aseigned  me  by  a 
Tery  resneotaole portion  of  Amerieaaf  (my  constit- 
uents) if,  when  I  entered  this  Hall,  I  did  not  ele<* 
yate  my  mind  and  extend  my  exartione  to  national 
purposes,  and  national  obiects.  In  Totinp^,  thete- 
for^  I  will  not  alwaj^  ask  the  question,  is  Sooth 
Carolina  to  be  exciu&i?ely,  or  flM>re  signally  ben- 
efited by  the  measure  proposed,  than  an  y  other 
State  ?  Such  a  commcled  Yiew  would  leaid  w 
Utile  sectional  jealousies  and  to  legislate  for  holes 
and  Goraeis,  instead  of  lor  a  great  and  rising  Fei* 
eml  Union.  Thisro»L  cut  through  the  Alleghanf 
MmintAias.  rnas  from  the  heart  of  Maryland  (the 
city  of  Baltimore)  through  that  Slate,  PenaWl. 
▼aaiB,  and  to  Wheeling,  in  the  State  of  Ohio, 
forming  a  grand,  useful  and  easy  pass  from  the 
centre  of  the  Union  to  the  fertile  and  now  pop- 
ulous regions  of  the  Western  country.  It  is  a 
part  of  that  grand  scheme  of  iatemai  improre- 
ments,  which  will  adorn  and  enrich  our  nation, 
and  cement,  fraternise,  and  consolidate  the  Tarious 
parts  of  our  ?aried  and  increasing  continent. 

But  the  gentleman  from  NewTork  (Mr  Stbn- 
obb)  who  moved  indefinitely  to  postpone  tfatshilli 
as  well  as  the  gentleman  from  New  Hampshire 
(Mr.  Lrvsaafeai)  aaeaparse  from  doing  anything, 
wnteeaagrea^syaiam  of  Ivtemal  improf%aaeae  la 
•ndeftalBen  at  onoe.  This  is  not  mr  laode  ef 
thiokieg;  Ihr  if  it  is  tnexpedient,  for  wynt  of 
money,  or  otfier  causes,  to  do  all,  I  am  not  for  ne- 
glecting that  which  is  most  imgortant,  and  can 
be  accomplished.  I  would  therefore  appropriate 
to  that  object,  most  Smperiiausly  demanded  by 
the  general  interest,  in  the  first  place,  and  proceed 
10  QtJseisnex€  in  nnkrBs  feniis,  and  other  oone«^ 
ring  eireumataooes  afaouki  warrant.  As  a  SoiHh 
Carolinian,  I  would  lend  my  aid  to  farther  the 


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HISTORY  OF  CONGRESS. 


1660 


H.  or  R. 


Tkt  Cumberland  Road, 


April,  1818. 


work  in  qaestion,  under  the  firm  assurance  that  a 
correspondent  liberality  of  spirit  would  induce 
honorable  members  to  give  us  also  a  great  pass- 
way  from  the  South,  immediately  into  the  West- 
ern country,  or  a  canal  projected  and  thought  en- 
tirely practicable  by  the  ablest  men  amongst  us, 
leading  along  the  Atlantic  coast,  and  forming  a 
grand  communication  from  North  to  South,  for 
internal  commerce  and  transportation,  when  we 
may  be  cut  off  from  all  foreign  supplies. 

Let  the  gentleman  from  New  YorTc  then,  not 
•  be  discouraged,  as  he  may  expect,  at  a  convenient 
period,  to  receive  these  same  testimonies  of  nation- 
al munificence  towards  the  great  and  laudable 
plan  of  that  State,  to  connect  the  Lakes  with  her 
great  emporium  of  commerce.  In  short,  every 
part  of  the  Union  may  and  will  eventually  feel 
the  signal  advantages  of  this  system,  without  any 
additionalburdens  upon  the  people, (for  our  wealih 
in  lands,  some  of  which  are  set  apart  for  these 
purposes,  is  inexhaurstible ;)  a  system  too  extensive 
to  be  accomplished  by  any  single  State,  and  which 
Is  therefore  necessarily  devolved  on  the  whole 
Union. 

I  am  therefore,  said  Mr.  S.,  in  favor  of  the  bill, 
not  only  because  the  work  is  actually  undertaken, 
in  considerable  forwardness,  and  the  faith  of  the 
Government  pledged  by  contracts  already  made 
towards  it,  but  upon  the  general  principles  which 
I  have  endeavored  to  explain. 

Mr.  Bassett'b  motion  was  lost — yeas  48,  nays 
61. 

Mr.  Tucker,  of  Virginia,  moved  to  add  the  fol- 
lowing as  a  new  section  to  the  bill: 

*^And  be  it  further  enacted,  That,  in  the  event  of 
the  incorporation  of  a  company  or  companies  bj  the 
Legislature  of  the  State  of  Virginia,  for  the  conitraction 
of  a  turnpike  road  from  the  said  United  States'  road  to 
Winchester  in  Virginia,  the  Secretary  of  the  Treasury 
of  the  United  States  is  hereby  authorized  to  subscribe, 
in  the  name  aad  on  behalf  of  the  United  States,  for 
two-fifths  of  the  capital  stock  in  such  company  or  com- 
panies :  Provided,  the  residue  of  the  stock  be  otherwise 
subscribed  or  taken,  and  the  terms  of  incorporation  in 
the  opinion  of  the  President  of  the  United  States  are 
judicious  and  calculated  to  effect  the  object  of  such  in- 
corporation: And  provided  also,  That  a  provision  be 
made  in  such  act  ofincorporation  authorizing  such  sub- 
acription  on  the  part  of  the  United  States**' 

This  proposition  was  lost  by  a  large  majority  ; 
and  then — 

Mr.  Tarr  moved  an  additional  section,  modi- 
fied, with  bis  consent,  by  Mr.  BfiBCBBR,to  read  as 
follows: 

•*>  8io.  3.  Be  it  fiirthir  maUed^  That  to  enable  the 
Pkcaident  of  the  United  States  further  to  eonstruet  and 
eomplate  the  national  road  from  Cumberland  to  the 
Ohio  river,  two  hundred  thousand  dollars  be  and  the 
same  hereby  if  appropriated,  to  be  paid  out  of  any 
money  in  the  Treasury  not  otbervf  ise  appropriated,  to 
be  repaid  out  of  the  fund  reserved  for  laying  out  and 
making  roads  to  the  Suta  of  Ohio." 

This  amendment  was  strenuously  advocated  by 
Messk's.  Clay  and  Pinoall.  and  opposed  briefly 
by  Messrs.  Hopkinson  and  Pitkim,  and  earoeatly 
by  Mr.  Baldwin. 


A  motion  to  expunge  from  the  amendment  the 
word  "  national,"  was  lost  without  a  division ; 
and  the  amendment  itself  then  negatived—yeas 
forty-two. 

Mr.  Bassbtt  next  moved  to  add  to  the  second 
section  the  following  proviso:  ''Provided,  that 
nothing  in  this  or  any  former  law  shall  pledge 
the  Government  to  any  further  appropriation  ;** 
which  motion  was  negatived — only  about  twenty 
rising  in  its  favor. 

Mr.  Ballard  Smith,  then,  after  some  introduc- 
tory and  explanatory  remarks  moved  the  adoption 
of  the  following,  as  an  additional  section  to  the 
bill: 

"And  be  it  further  enacted.  That,  in  the  event  of 
the  incorporation  of  a  company  or  companies  by  the 
Legislature  of  the  State  of  Virginia,  for  rendering  naT- 
igable  the  James  River,  from  the  mouth  of  Sooney'a 
Creek  to  the  mouth  of  Dunlap's  Creek,  and  for  render- 
ing navigable  the  Great  Kenawha  from  its  falls  to  its 
mouth,  and  for  constructing  a  turnpike  road  from  the 
mouth  of  Dunlap's  Creek  to  the  lalls  of  the  Great 
Kenawha,  the  Secretary  of  the  Treasury  of  the  United 
States  is  hereby  authorized  to  subscribe,  in  the  name 
and  on  behalf  of  the  United  States,  for  two-fifths  of  the 
capital  stock  in  such  company  or  companies  :  Ftovidedf 
the  residue  of  the  stock  be  otherwise  subscribed  or 
taken,  and  the  terms  of  incorporation  in  the  opinion  of 
the  President  of  the  United  States  are  judicious  and 
calculated  to  effect  the  object  of  such  incorporationa  : 
And  provided  also,  That  a  provision  be  made  in  such 
act  of  incorporation  authorizing  such  subscription  on 
the  part  of  the  United  States." 

Mr.  Smith's  proposition  was  negatived  with- 
out a  division ;  and  the  Committee  then  rose  and 
reported  the  bill  without  amendment;  and  the 
bill  was  ordered  to  be  engrossed  for  a  third  read- 
ing— yeas  67,  nays  62. 


WKONEsnAY,  April  1. 

The  Spbakbr  presented  a  representation  of 
Manuel  Torres,  staling  that  he  has  discovered 
that  the  United  Slates  sustains  great  loss  in  the 
receipt  and  expenditure  of  the  public  revenue  ; 
and  that  he  has  also  discovered  the  means  by 
which  this  loss  may  be  avoided,  and  offering  to 
communicate  his  discovery  upon  the  assaraaee 
of  receiving  a  portion  of  the  moneys  which  maf 
be  saved  to  the  public  by  means  of  his  said  dis- 
covery.— Referred  to  the  Committee  of  Ways 
and  Means. 

Mr.  Williams,  of  North  Carolina,  from  the 
Committee  of  Claims^  made  a  report  on  the  peti- 
tion of  James  Orr,  which  was  read;  when  Mr.  W. 
reported  a  bill  for  the  relief  of  James  Orr,  which 
was  read,  and  committed  to  a  Committee  of  Che 
Whole. 

Mr.  Williams,  from  the  same  committee,  to 
which  was  referred  the  bill  from  the  Senate,  eo- 
titled  *'An  act  for  the  relief  of  John  O.  Bogert," 
made  a  report  recommending  the  rejection  there* 
of.  The  bill  and  report  were  committed  to  m 
Committee  of  the  Whole. 

Mr.  RoBBRTBoii,  of  Louisiana,  from  the  Com- 
mittee  on  the  Public  Lands,  reported  a  bill  for 
adjiutiog  the  elaims  to  laad,  and  establishing 


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HISrfOBT  OF  CON0RBSS. 


1662 


Afxil,  1818. 


Buiarff  of  (kmgr^. 


H.  OF  R. 


land  offices  in  tbe  districts  etst  of  the  island  of 
New  Orleans;  which  was  read  twice,  and  com- 
mitled  to  the  Committee  of  the  Whole,  to  which 
is  committed  tbe  bill  supplemental  to  tne  se?eral 
acts  for  the  adjustment  of  land  claims  in  the 
State  of  Louisiana  and  Territory  of  Missouri. 

Mr.  RoBBBTsoN,  from  the  same  committee,  to 
which  was  referred  the  bill  from  the  Senate,  enti- 
tled "An  act  respecting  the  surveying  and  sale  of 
the  public  lands  in  the  Alabama  Territory,"  re- 
ported the  same  without  amendment,  and  the  bill 
was  committed. 

Mr.  Rhba,  from  the  Committee  on  Pensions 
and  Revolutionary  Claims,  reported  a  bill  con- 
cerning invalid  pensions;  which  was  read  twice. 

Mr.  Sbtbbrt,  from  the  Committee  of  Com- 
merce and  Manufactures,  reported  a  bill  to  in- 
crease the  duties  on  certain  manufactured  arti- 
elea  im|>orted  into  the  United  States;  which  was 
read  twice,  and  committed  to  a  Committee  of  the. 
Whole. 

Mr.  Sbtbbbt,  from  the  Committee  of  Com- 
merce and  Manufactures,  made  unfavorable  re- 
Krts  on  thepetitions  of  the  piano-forte  and  organ 
ilders  of  Philadelphia,  New  York,  Boston,  and 
Baltimore,  of  the  New  York  Slate  Companv,  of 
Thomas  Tennant  and  George  Stiles;  wnicb  re- 
ports were  severally  concurred  in  by  tbe  House. 

On  motion,  the  Committee  of  Commerce  and 
Manufactures  were  discharged  from  tbe  further 
eoosideraiion  of  the  resolution  offered  by  Mr. 
SiLSBBB  on  the  19ih  of  December  last,  respecting 
the  appropriations  for  building  custom-houses. 

Mr.  Pleasants,  from  tbe  Committee  on  Naval 
Affairs,  made  a  report  on  tbe  resolutions  some 
time  since  submitted  by  Mr.  Johnson,  of  Vir- 
IfiDia,  on  the  subject  of  the  court  martial  upon 
Captain  Perry  and  Captain  Heath  of  the  Ma- 
rioes.  Tbe  report  was  long^  with  the  statement 
of  tbe  opinion  of  the  committee,  that  the  defect 
was  not  in  the  law,  but  in  the  administration 
of  it. 

Mr.  Johnson,  of  Virginia,  made  several  obser- 
vations on  the  report;  contending  that  if  there 
had  been  any  omission  of  dutv  on  the  fmrt  of  any 
officers  intrusted  with  the  administration  of  the 
law,  they  ought  to  be  brought  to  the  notice  of 
the  House,  and  maintaining  his  original  idea  that 
tbe  Jaw  was  unequal  and  defective;  and  he  sub- 
mitted a  resolution  instructing  the  same  commit- 
tee to  report  a  bill  to  deprive  any  officer  who 
ebouUl  strike  his  inferior  officer,  or  draw  or  raise 
a  weapon  upon  him,  of  his  commission. 

Mr.  Pleasants  made  some  remarks  in  explan- 
ation, and  moved  that  the  report  and  resolution 
be  laid  on  the  table  and  printed ;  which  was  car- 
ried without  a  division. 

Bills  of  the  Senate  of  the  following  titles,  to 
wit:  An  act  for  the  relief  of  Cata  Bunnell;  An 
act  to  regulate  the  fees  of  the  public  notaries  in 
tbe  county  of  Washiogton,  in  tt|e  District  of 
Columbia;  and  An  act  to  incorporate  a  Fire  In- 
surance Company  in  the  City  of  Washiogton, 
were  severally  read  the  third  time,  and  passed. 
•  Mr.  FoasYTB,  from  the  Comoiiiiee  on  Foreign 
Relatiooev  reported  a  bill  to  increase  the  allow- 


ance to  Consuls  on  the  Barbery  coast,  which  was 
read  twice,  and  committed  to  a  Committee  of  the 
Whole. 

The  amendment  proposed  by  the  Senate  to  the 
bill,  entitled  ^An  act  for  the  relief  of  Daniel  Bur- 
net, Gibson  Clark,  and  the  legal  representatives 
of  |Iubert  Rowel ;"  was  read  and  referred  to  the 
Committee  on  Private  Land  Claims. 

The  bill  from  the  Senate,  entitled  "An  actsup« 
plemental  to  the  act,  entitled  ^An  act  further  to 
amend  the  charter  of  tbe  City  of  Washington ;" 
was  read  and  referred  to  the  Committee  tor  the 
District  of  Columbia*  / 

An  engrossed  bill,  entitled  "An  act  for  the 
relief  of  Joseph  Thorn,"  was  read  the  third  time 
and  passed. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  passed  a  bill,  entitled  *'An 
act  limiting  the  time  for  claims  being  produced 
for  lands  authorized  to  be  granted  to  tbe  inhabi- 
unts  of  New  Madrid,'^  and  a  resolution  "  request- 
ing the  President  of  the  United  States  to  present 
a  sword  to  Colonel  Richard  M.  Johnson;"  in 
which  bill  and  resolution  they  ask  the  concur- 
rence of  this  House. 

The  said  bill  was  read  twice,  and  ordered  to 
be  read  a  third  time  to-morrow. 

The  House  went  into  Committee  of  the  Whole 
on  the  bill  from  the  Senate  "  to  extend  the  time 
for  locating  Virginia  military  land  warrants  and 
returning  surveys  thereon  to  the  General  Land 
Office,  and  for  designating  the  western  boundary 
line  of  tbe  Virginia  military  tract." 

Considerable  discussion  took  place  on  the  de- 
tails of  this  bill,  in  which  Messrs.  H.  Nei^on, 
Anderson  of  Ky.,  Harrison,  Campbell,  Mer- 
cer, and  Beecher  took  part.  Several  amend- 
ments were  adopted,  the  most  important  of  which 
wiu  one  to  prohibit  tbe  issuing  ot  patents  on  loca- 
tions made  on  lands  to  which  the  Indian  title  is 
not  extinguished. 

The  amendments  were  reported  to^be  House, 
ordered  to  be  engrossed,  and,  with  the  bill,  to  be 
read  a  third  time. 

The  House  next  resolved  itself  into  a  Com* 
mittee  of  the  Whole  on  the  bill  supplementary 
to  the  act  to  prohibit  the  importation  of  slaves 
into  any  port  or  place  within  the  jurisdiction  of 
the  United  States. 

Mr.  MiDDLBTON  offered,  by  way  of  amead* 
meat,  a  substitute  for  the  whole  bill,  which  was 
agreeid  to,  and,  being  reported  to  the  House,  was 
ordered  to  lie  on  the  uble  and  be  printed. 

Tbe  bill  for  the  relief  of  Qeorffe  Pearson  passed 
through  a  Committee  of  the  Whole,  and  was 
ordered  to  be  engrossed. 

HISTORY  OP  CONGRESS. 

The  House  then  went  into  Committee  of  the 
Whole  on  the  bill  providing  for  the  publication 
of  the  laws  of  tbe  United  States;  and  on  the 
bill  authorizing  a  subscription  to  the  History  of 

ICongr^s.  ..  ^ 

The  details  of  tbe  bill  first  named  occupied 
tome  time,  and  gave  rise  to  considerable  diseoa- 


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HISTORY  OF  CONGRESS- 


1M4 


H.  OP  R. 


Cumberland  Road^Ntxt  Meeting  of  Congress, 


April,  1818. 


sion ;  and  being  gone  through,  the  Committee 
took  up  the  seoond  bill. 

Mr.  Bdtler  moved  to  strike  out  the  first  sec- 
tion of  the  bill,  in  support  of  which  motion- 
Mr.  B.  said,  he  was  unable  to  perceive  that 
any  great  public  advantage  could  result  from 
having  a  History  of  Congress,  and  considered 
himself  bound  to  oppose  the  passagje  of  the  bill. 
Judging  from  the  specimen  exhibited,  he  said, 
the  nislory  would  embrace  a  considerable  part  of 
the  Journals  of  Congress,  which  were  already 
published,  together  with  the  numerous  speeches, 
many  of  y^hich  had  long  since  passed  into  obli- 
vion— that  a  History  of  Congress  from  the  com- 
mencement, including  the  present  Congress,  would 
make  sixty  volumes,  calculating  four  volumes  for 
each  Congress,  a  thousand  copies  of  which,  at  five 
dollars  for  each  volume,  would  amount  to  three 
hundred  thousand  dollars  to  be  paid  by  the  Gov- 
ernment.   He  said  this  might  be  supposed  an 
extravagant  calculation,  but  he  believed  no  gen- 
tleman would  say  that  the  portion  of  the  Journals 
to  b«  selected,  together  with  the  speeches  of  each 
Congress, wouldcom prise  less  than  two  volumes, 
and  at  that  rate  the  expense  which  would  accrue 
to  the  Government  in  publishing  the  History, 
would  be  one  hundred  and  fifty  thousand  dollars. 
In  opposing  the  passage  of  the  bill,  he  said,  he 
expected  to  encounter  the  eloquence  of  all  the 
orators  of  the  House,  among  whom  he  had  not 
the  vanity  to  expect  to  be  classed.    To  such  gen- 
tlemen it  might  be  pleasing  to  read   their  own 
speeches,  and  see  their  names  floating  down  the 
current  of  time  in  this  great  political  ark,  the 
History  of  Congress.    If  gentlemen   were  dis- 
posed to  preserve  some  of  the  speeches  in  Con- 
gress, as  specimens  of  pure  eloquence,  they  might 
le  published  by  subscription.    And,  in  answer 
to  toe  gentleman  from  Louisiana,  (who  said  that 
Mr.  B.,  from  the  specimen  he  had  given,  would 
figure  in  the  History  if  he  continued  in  Congress,) 
Mr.  B.  said,  he  had  not  the  ability  and  much  less 
an  inclination,  to  figure  in  public  debate ;  nor 
did  he  wish  to  excite  in  others  that  insatiable 
thirst  for  speaking,  which  had  protracted  the  ses- 
sion to  a  great  length.    He  said,  he  had  a  high 
respect  for  th€  talents  and  faithful  services  of  the 
gentlemen  who  proposed  publishing  the  History, 
and  would  most  cheerfully  aid  them  in  the  un- 
dertaking, by  voting  for  a  subscription  on  the 
part  of  the  Government,  if  he  could  be  satisfied 
that  the  utility  of  sach  a  publication  would  jus- 
tify so  great  an  expenditure  of  public  money. 

Mr.  fioTLER's  motion,  after  some  opposition 
from  Mr.  Robertson,  of  Louisiana,  was  agreed 
to  without  a  division,  and  the  Committee  rose, 
and  reported  their  proceedings  to  the  House. 

The  first  bill  was  further  amended,  and  ordered 
to  be  engrossed  for  a  third  reading;  and  the 
report  oa  the  second  was  ordered  to  lie  on  the 
Ubie. 


I 


CUMBERLAND  ROAD. 
An  engrossed  bill,  entitled  *'An  act  KiakiRg 
further  appropriations  for  the  cosstnictioa  of  the 
Cumberland  road,"  was  read  the  third  time. 


And  on  the  question.  Shall  it  pass?  it  was  deter- 
mined in  the  affirmative— yeas  74,  nays  56,  as 
follows: 

Yeas— Meisrs.  Allen  of  Vermont,  Anderson  of 
Pennsylvania,  Anderson  of  Kentucky,  Baldwin,  Bar- 
ber of  Ohio,  Bateman,  Bayley,  Beecher,  Bloomfield, 
Boss,  Campbell,  Cobb,  Colston,  Comstock,  Crawford, 
Darlington,  Desha,  Forsyth,  Harrison,  Hendricks, 
Herrick,  Heister,  Hitchcock,  Holmes  of  MaBsachu- 
setts.  Holmes  of  Connecticut,  Irving  of  New  York, 
Johnson  of  Kentucky,  Jones,  Kmsey,  Lewis,  Linn, 
Little,  Livcrmore,  Lowndes,  W.  P.  Maclay,  Mar- 
chand.  Mason  of  Massachusetts,  Mercer,  Middle- 
ton,  Moore,  Moselcy,  Murray,  Ogle,  Parrott,  Pat- 
terson, Pawling,  Peter,  Pindall,  Pitkin,  Poindextar, 
Reed,  Rice,  Rich,  Ringgold,  Robertson  of  Kentucky, 
Robertson  of  Louisiana,  Rogers,  Roggies,  Seybert, 
Sherwood,  Simkins,  Slocumb,  8.  Smith,  Bal.  8mi«li, 
Speed,  Stewart  of  North  Carolina,  Strong,  Tarr,  Tay- 
lor, Trimble,  Tucker  of  Virginia,  WaUace,  and  Whiter 
side. 

Nats— Messrs.  Adams,  Allen  of  Massachnaetti, 
Austin,  Ball,  Barbour  of  Virginia,  Bassetl,  Beaaett, 
Blount,  Boden,  Burwell,  Clagott,  Ckiborae,  Cools, 
Crafts,  Culbrcth,  Drake,  Edwards,  Ellioott,  GanMil» 
Hale,  Hall  of  Delaware,  Hall  of  North  Carolina,  Haa* 
brouck,  Herkimer,  Hogg,  Hopkinson,  Hunter,  Hwrtp 
ington,  Johnson  of  Virginia,  Kirtland,  Lawyer,  Maaon 
of  Rhode  Island,  Merrill,  H.  Nelson,  New,  Pahner, 
Pleasants,  Rhea,  Richards,  Savage,  Sawyer,  Scudder, 
Sergeant,  Settle,  Shaw,  J.  S.  Smith,  Spencer,  Talt 
madge,  Tompkins,  Townsend,  Tucker  of  South  Caro- 
lina,  Upham  Walker  of  Kentucky,  Williams  of  New 
York,  Williams  of  North  Carolina,  and  Wilson  of 
Massachusetts. 

NEXT  MEETING  OF  CONGRESS. 

An  engrossed  bill,  entitled  ^'An  act  fixing  the 
time  for  the  next  meeting  of  Congress,"  was  rettd 
the  third  time  ;  and  the  question  was  stated,  Skill 
it  pass?"  when 

Mr.  Simkins  moved  that  the  bill  be  postponed 
indefinitely ;  which  was  rejected  by  the  House. 

Mr.  Edwards  moved  that  the  bill  be  laid  qd 
the  table ;  which  motion  was  also  rej«eted  bjr  the 
House. 

Mr.  WiLLUMs,  of  Connecticut,  then  moTtd 
that  it  be  post];>oned  for  two  weeks.  This  mo- 
tion was  also  rejected. 

The  question  was  then  taken,  Shall  the  biii 
pass?  and  was  decided  in  the  affimiatiTe-*feat 
87,  nays  44,  as  follows : 

YsAS-^Mesars.  Adams,  Allen  of  UmmSbammk 
Allen  of  Vermont,  Anderson  of  Pennsgrlv«aia»  B«^ 
ber  of  Ohio,  Bayley,  Bennett,  Bloomfield,  Boda% 
Boss,  Clagetl,  Claiborne,  Colston*  Comsto«kt  daw- 
ibrd,  Culbreth.  Darlington,  Drake,  Earle,  EUicott,  FqIp 
ger,  Forsyth,  Harrison,  Herkimer,  Heister,  HolmM  of 
Connecticut,  Hopkinson,  Hunter,  Huntington,  IrviAg 
of  New  York,  Jones,  Kinsey,  Kirtland,  Lawyer,  linn. 
Little,  Livermore,  W.  P.  Madav,  Maichaod,  Ka- 
son  of  Massadinsetts,  Mason  of  Rliode  Island,  Mer- 
cer, Merrill,  Morton,  Moseley,  Jeremiah  NetoOy 
New,  Ogle,  Palmer,  Parrott,  Pawling,  Peter,  Fftkio, 
Poindesler,  Reed,  Rhea,  Rich,  Ringgdd,  Bobertaoil 
of  KenAacky,  Robertson  of  Looisiana,  Rogers,  Riif<- 
gles,  Sampson,  lawyer,  Seybert,  Shaw,  Sberwood,  Si#- 
eoinb,  8.  Smith,  Speed,  Spenoer,  Stewattof  N«rth 
Carolina,  Strong,  Sirolker,  Staartof  If arylnid,  Tall- 


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HISTORY  OF  OONaSBSS. 


166$ 


Amiy  1818. 


9w&rd  to  ChUmel  Johnson, 


H.OFR* 


Taylor,  Tompldiie,  Trimlile,  Tueker  of  Yir^ 
finia.  Walker  of  Kentucky,  Wallace,  Whitoade, 
Wltttiiiaii,  WiUiami  of  New  York,  Wilson  of  Massa- 
dmtette,  and  Wibon  of  PennaylTania. 

NATf — Meun,  Abbott,  Anderson  of  Kentacky, 
Austin,  Baldwin,  Ball,  Barbour  of  Virginia,  Bassott, 
Bateman,  Beecher,  Blount,  Burwell,  Campbell,  Cobb, 
Cook,  Ciafts,  Desba,  Edwards,  Gamett,  Hall  of  Dela- 
ware, Hall  of  NorUi  Carolina,  Hendricks,  Herrick, 
Hitchcock,  Hogg,  Johnson  of  Virginia,  Lowndes,  Mid- 
dle ton,  Murray,  H.  Nelson,  Patterson,  Pindall,  Pleas- 
ants, Rice,  Rtdiards,  SaTage,  Scuddex,  Sergeant,  Set- 
tle, Simkins,  Tarr,  Townsend,  Tucker  of  South  Caro- 
lina, WiUiams  of  Connecticut,  and  Williams  of  North 
Carolina. 

SWORD  TO  COL.  JOHNSON. 
A  resolation  •warding  a  sword  to  Col.  Rich- 1 
aid  M.  Johnson,  id  eonsideratioD  of  his  ralor  aod 
fiMNNl  eoodaet  at  the  battle  with  the  combined 
fiafflisli  and  Indian  forces  on  the  rirer  Thames, 
in  Upper  Canada,  on  the  5th  of  October,  1818, 
was  read  twice  and  put  on  iu  passage. 

Mr.  CLAiBORjffi  rose  to  offisr  an  amendment  to 
the  resolation.    While  the  House  was  dispensing 
rewards,  be  said,  for  meritorious  services,  he 
wished  to  introduce  to  attention  the  names  of 
two  other  characters.    One  wm  Major  Qeneral 
CartoU,  of  Tennessee.    That  officer  was  engaged 
ia  the  public  serTice  from  the  commencement  of 
the  late  war  to  its  glorious  termination  at  New 
Means.    Mr.  C.  briefly  recapitulated  some  of 
the  dialinguished  services  which  this  officer  had 
Tendered.     He  had  organized  the  force  which 
repaired  from  Tennessee  to  the  defence  of  New 
Orleans,  and  which  by  its  rapid  march  under  the 
direction  and  exertion  of  Gen.  C.  had  reached 
that  place  in  time  to  save  the  city  from  the  ene- 
my; aod  he  had  rendered  other  services  too 
promioent  to  need  being  mentioned,  aod  which 
would  not  permit  him  to  be  overlooked  on  this 
occasion.    Air.  C.  next  mentioned  Brigadier  Qen- 
eral Coffee,  whose  name  was  familiar  to  every 
one.    At  the  commencement  of  the  war  that 
officer  Tolooteered  his  services,  and  by  his  zeal 
and  influence  induced  a  great  many  others  to 
enter  the  service.  For  his  merit  he  was  promoted 
from  captain  of  a  mounted  company  to  the  com- 
mand or  a  brigade;  and  his  gallant  conduct  in 
the  Creek  war,  at  Talledega,  at  New  Orleans,  &c. 
had  proved  him  worthy  of  the  distinction.    Mr. 
0.  concluded  by  moving  to  insert  the  names  of 
these  officers  in  the  resolution. 

Mr.  PomoBXTSR  rose  to  second  the  motion  of 
the  honorable  member  from  Tenneftee.  The 
distiflgaished  services  of  Geoeral  Carroll,  from 
the  commencement  of  the  Creek  war  to  the  close 
of  the  late  contest  with  Great  Britain,  Mr.  C. 
said,  were  known  to  the  nation,  and  appreciated 
by  all  who  witnessed  his  meritorious  conduce. 
At  the  critical  and  interesting  period,  when  a 
powerful  and  well-disciplined  army  of  the  enemy 
invaded  the  State  of  Louisiana,  and  menaced  the 
eity  of  New  Orleans,  the  exertions  of  General 
Camll  were  particularly  conspicuous,  and  emi- 
nently conuibuted  to  the  glorious  result  which 
gare  teaarity  to  that  city  and  renown  to  the  arms 
15ih  Con.  lat  Sasa.— 53 


of  our  country^  The  division  of  militia  from  the 
State  of  Tennessee,  under  his  command,  destined 
to  participate  in  the  defence  of  the  Southern 
frontier,  descended  from  Nashville  to  New  Or* 
leans  with  unexampled  rapidity,  and  arrived  at 
a  moment  the  most  auspicious  to  the  safety  of 
that  important  point.  Without  this  reinforce- 
ment General  Jackson  would  have  been  destitute 
of  the  force  called  for  by  that  ereat  emergency. 
The  consequences  of  such  deficiency  might  be 
imagined.  During  that  memorable  campaign 
the  gallantry  of  this  corps  and  of  its  intrepid 
commander  elicited  the  thanks  of  a  grateful 
people,  and  of  the  illustrious  General  under  whom 
they  fought  and  conquered.  I  accord  my  hearty 
assent,  said  Mr.  P.,  to  the  proposition  made  by 
the  gentleman  from  Tennessee  to  reward  thaee 
services  by  a  suitable  manifestation  of  the  aa^ 
tional  gratitude.  But  Mr.  P.  suggested  to  him 
the  propriety  of  presenting  it  in  a  distinct  resot- 
lotion,  properly  digested  and  matured. 

Mr.  Dbbba  made  a  few  remarks  in  support  of 
the  expressions  of  the  resolution,  as  to  the  gallant 
conduct  of  Col.  Johnson,  on  the  occasion  refer- 
red to.  He  was  present  when  those  services  were 
performed,  and  could  bear  testimony  to  the  intre«- 
pidity  displayed  by  Col.  J. 

Mr.  Claibormb,  according  to  the  sugipestion  of 
Mr.  PoiNOBXTBR,  withdrew  bis  propoeition  for 
the  present  *,  and  the  resolution  then  passed  nan. 
con, 

TuuBsoAY,  April  2. 
The  Speaker  presented  a  petition  of  Vicente 
Pazos.  of  Peru,  in  South  America,  on  behalf  of 
himself  and  others,  praying  compensation  for  their 
private  property  which  was  talen  possession  of 
upon  the  ocpupation  of  Amelia  Island  by  the 
troops  of  the  United  Sutes.— Referred  to  the 
Committee  of  Claims. 

Mr.  Setbbrt  reported  a  bill  to  change  the 
name  of  the  district  of  £rie  in  the  State  of  Ohio ; 
which  was  read  twice  and  ordered  to  be  engross- 
ed and  read  a  third  time  to-day. 

Mr.  RoBERTaoN,  of  Louisiana,  from  the  Com- 
mittee on  the  Public  Lands,  to  which  was  refer- 
red the  bill  from  the  Senate,  entitled  "An  act  to 
adjust  the  claims  to  lots  in  the  town  of  Yin- 
cennes.  and  for  the  sale  of  the  land  appropriated 
as  a  common  for  the  use  of  the  inhabitants  of 
the  said  town,"  reported  the  same  without  amend- 
ment, and  the  bill  was  committed  to  a  Commit- 
tee of  the  Whole. 

•The  Spbakbr  laid  before  the  House  a  letter 
from  the  Secretary  of  the  State  of  Pennsylvania, 
transmitting  a  certificate  of  the  election  of  Jacob 
Hostetter,  as  a  member  of  this  House,  in  the  place 
of  Jacob  Spangler.  resigned ;  which  was  referred 
to  the  Committee  of  Elections. 

Engrossed  bills  of  the  followioff  titles,  to  wit: 

An  act  to  change  the  name  of  the  district  of 
Erie,  in  the  Sute  of  Ohio;  and  An  act  to  pro- 
vide for  the  publication  of  the  laws  of  the  United 
States,  and  for  other  purposes,  were  severally 
read  &  third  time  and  passed. 


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An  engrossed  bill  for  the  relief  of  George  Pear^ 
•OB  wfts  re«d  the  third  time  and  passed. 

The  bill  from  the  Senate,  entitled  ^'Ad  act  lim* 
iting  the  time  for  claims  being  produced  for  lands 
antborised  to  be  granted  to  the  inhabitants  of 
New  Madrid,"  was  read  a  third  time  and  passed. 

The  bill  from  the  Senate,  entitled  *'An  act  to 
«tcend  the  time  for  locating  Virginia  military 
land  warranu  and  returning  snrreys  thereon  to 
the  Qeneral  Land  Office ;  and  for  desi^atin^  the 
WiiCem  boundary  line  of  the  Virginia  military 
ttict,"  was  read  the  third  time,  and  passed  as 
MBended. 

A  message  from  the  Senate  informed  the  House 
^at  the  Senate  hare  passed  the  bill,  entitled  ^An 
net  oonfirming  the  claim  of  Tobias  Rheams  to  a 
tffiet  of  land  granted  to  him  by  the  Spanish  Qot- 
•rament,"  with  amendments.  They  hare  also 
Mssed  a  bill,  entitled  "An  act  for  the  relief  of 
Lemuel  H.  Osgood ;"  in  which  amendments  and 
bill  they  ask  the  concurrence  of  the  House. 

The  House  then  resolred  itself  into  a  Commit- 
lae  of  tiie  Whole  on  the  bill  to  proTide  for  pay- 
ing €0  the  State  of  Indiana  three  per  cent,  out  of 
the  net  proceeds  of  the  sales  of  the  public  lands 
IB  said  State,  to  be  expended  in  the  construction 
of  roads  and  canals  within  the  same. 

Mr.  Hbhubioks  made  an  unsucceesful  motion 
to  strike  out  a  clause  which  imoosed  on  the  State 
•f  Indiana  annual  reports  or  the  proceedings 
under  the  bill ;  but  the  Committee  having  risen 
and  reported  the  bill,  Mr.  H.  renewed  bis  motion, 
which  was  then  agreed  to,  and  the  bill  orderea 
to  be  engrossed,  as  amended,  and  read  a  third 
time. 

The  following  bill^  successively  passed  through 
Gommittees  of  the  Whole  House,  and  were  sev- 
erally ordered  to  be  engrossed  and  read  a  third 
time,  viz : 

The  bill  for  the  relief  of  Sarah  Dewees ;  the 
bill  for  the  relief  of  Gad  Worthiogton;  the  bill 
for  the  relief  of  Thomas  and  John  Clifford,  and 
others ;  the  bill  for  the  relief  of  Commodore  John 
Rodgers ;  and  the  bill  for  the  relief  of  certain 
friendly  Creek  Indians. 

HONORS  TO  THE  BRAVE. 

Mr.  Claibobne,  anreeably  to  the  intimation 
which  he  had  vesterday  given,  to  submit  a  reso- 
lution for  awarding  to  certain  officers  testimonials 
of  the  respect  of  Congress  for  their  distinguished 
aervloes,  offered  the  following  joint  reaolution : 

Metokedf  bg  iht  SemUe  and  Houk  of  Ripruenia^ 
hv€»  of  iht  United  States  of  Atntriea  in  Congrtit 
ommlied.  That  the  President  of  the  United  States 
be  levieated  to  cause  gold  medals  to  be  strack,  with 
•oUaWe  emblems  and  devices,  and  presented  to  Major 
General  William  Carroll  and  Brigadier  General  John 
Cofiee,  in  testimony  of  the  high  sense  entertained  bj 
Congress  of  their  gallantry  and  good  condact  in  the 
•everal  conflicts  during  the  late  war,  at  Talashatchie, 
Taladega,  Enotochopko,  Emacklaw,  Tehopeka,  and 
New  Orleans. 

•Reso/pecf,  That  the  President  be  requested  to  cause 
a  gold  medal  to  be  struck,  with  suitable  emblems  and 
devices,  and  presented  to  Major  General  Joseph  Desha, 
in  testimony  of  the  high  sense  entertained  by  Con- 


greae  ef  Ue  gallantry  and  good  eonduot  in  the  eeniset 
of  the  river  Thames,  in  Upper  Canada. 

Mr.  Claiborne  said  he  had  not  yestfrday 
named  General  Desha,  in  the  remarks  he  tlian 
made;  it  escaped  his  recollection  at  the  moment: 
but  that  officer  was  well  entitled  to  the  nofice-oi 
the  House.  General  Desha,  it  would  be  recol* 
lected,  had  left  his  seat  in  Congress,  in  the  Sum- 
mer of  1813,  when  the  Northwestern  campaign 
was  a  subject  of  great  anxiety,  and  joined  the 
Northwestern  artoy,  as  commander  of  a  division 
of  Kentucky  troops,  and  to  his  intrepidity  and 
good  conduct  was  in  a  great  degree  owing  tht 
result  of  the  battle  on  the  Thames.  On  that  oor 
casion  he  occupied,  with  his  division,  a  situatioa 
of  imminent  danger ;  and  at  a  moment  when  the 
enemy  pressed  with  great  force  on  that  pan  of 
th^  line,  it  was  by  (Meral  Desha's  eourage  and 
example,  and  denouncing  death  to  the  lirat  ana 
that  broke,  that  the  ground  was  maintained,  the 
tide  of  victory  turned,  and  the  day  crowned  witk 
success.  Mr.  C.  next  turned  te'tbe  serriceaef 
Generals  Carroll  and  Coffee,  and  enforced  what 
he  had  yesterday  said  of  them,  by  referring  ngnin 
to  the  various  instances  of  the  zeal,  activity  and 
braverv  which  had  characterized  their  condoot, 
and  which,  under  the  Almighty,  had  saved  the 
city  of  New  Orleans  from  a  ferocious  eaeaay. 

Mr.  Harrison  said,  that  with  regard  to  the 
conduct  of  General  Desha,  in  the  action  on  the 
Thames,  he  had  mentioned  it  with  approbation 
in  his  official  report  of  the  action,  and  he  now  re- 
peated that  he  there  performed  his  duty,  and  did 
everything  that  he  could  do.  But,  so  did  General 
Henry,  who  was  third  in  command,  whilst  Gene> 
ral  Desha  was  fourth ;  they  stand  in  that  reepect, 
perfectly  on  an  equality. 

Mr.  H.  moved,  therefore,  that  the  name  of 
General  William  Henry  be  inserted  in  the  second 
resolution.  Mr.  H.  gave  some  explanatione  of 
the  positions  occupied  by  the  two  divisions  in 
the  action,  and  stated  that  it  was  the  division  of 
General  Henry  which  occupied  the  front  line, 
and  was  most  pressed  by  the  enemy;  that  of 
Ckneral  Desha  formed  with  it  a  right  angle,  and 
though  less  exposed,  yet  General  Desha  himaelC; 
he  believed  was  at  the  point  of  junction  where 
the  fire  was  most  heavy. 

Mr.  Claiborne  had  not  called  to  mind  the 
particular  circumstancee  of  the  affair,  or  doubtleea 
be  should  have  recollected  the  name  of  General 
Henry,  and  would  have  included  him  in  the  reso- 
lutions which  he  had  offered.  These  were  hon- 
orary rewards  that  cost  the  nation  little,  and  lie 
was  always  willing  to  bestow  them  upon  ^lant 
services.  He  had  intended  to  propose  swonfo  om 
this  occasion,  but  he  found,  by  the  precedente, 
that  medals  were  more  customary,  though  tlie 
cost  of  the  latter  was  perhaps  not  less. 

Mr.  OoLB  suggested  a  doubt  whether,  if  these 
resolutions  passed,  it  would  not  be  proper  also  to 
seek  out  the  meritorious  officers  of  the  Revolei- 
tion.  He  had  no  objection  to  voting  a  medal  to 
each  of  the  gallant  officers  named,  but  protested 
against  selecting  the  officers  of  the  late  army  aad 
passing  by  those  of  the  Revolution,  for,  if  tkm 


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ILopR. 


mttitad  one  me^l,  iiK»»  of  the  latter 
deserved  two,  sod  be  moved  that  the  sabject  be 
rcferfe<i  to  tbe  Militftry  Committee,  that  resola- 
tiont  might  be  reported  cosfbrmabiy  to  his  ideas; 
or  at  least  that  the  distiogaished  <^leer8  of  the 
ReTolitiimary  Armf  might  be  iachided  ia  these 
koi|Oisnr  rewards. 

Mr.  CoLSTOif^  though  feeling  the  hiffheet  re- 
spect for  the  officers  meotioned,  and  for  their 
emiDSBt  services,  yet  objeeled  to  these  resolotions 
oa  the  £[roQod  that  it  was  neither  customary  dot 
]H'<^r,  in  voting  these  rewards,  to  go  below  the 
commander  of  an  armv  who  bad  to  near  the  dis- 
giaoe  of  defeat,  and  wno  it  was  right  should  reap 
the  rewards  of  success ;  that  to  fuirsue  a  different 
course  would  inirolve  the  necessity  of  awarding 
the  same  to  numerous  other  cases,  as  there  were 
at  least  fifty  others  who  bad  rendered  important 
sewices  and  were  entitled  to  notice  ;  and  it  was 
bettet  to  stop,  or  Gongress  would  be  overwhelmed 
with  cases  oi  this  kind,  Ac.  Mr.  G.  referred  to 
tke  evils  which  he  had  witnessed  in  Virginia,  of 
lackiig  these  rewards  too  common ;  and  referred 
to  the  eircomstance  of  the  Le^slatnre  of  that 
Btate  being  (Called  on  to  appropriate  fifteen  thou- 
sand dolkmi,  at  one  time,  for  the  purchase  of 
medals,  dbc.  which  had  been  voted  to  gallant 
officers  from  that  State.  He  had  opposed  tbe 
pnetice  then,  and  felt  himself  bound,  however 
Bwh  his  sense  of  the  merits  of  tbe  distinguished 
omcers  in  question,  to  do  it  here. 

Mr.  Smith,  of  Maryiand,  said  a  few  words  to 
Mr.  Claiboshe,  to  show  that  the  vote  of  a  gold 
medal  had  always  been  considered  a  higher  honor 
than  to  bestow  a  sword,  and  that  medals  had, 
therefore,  been  generally  given  to  the  Command- 
er-in-chief-of  an  army,  and  swords  to  the  inferior 
effi^ra. 

Mr.  Claiborne  observed,  in  reply  to  Mr.  Col- 
areif,  that  the  services  of  tbe  officer  natned  in  the 
fiiet  resolution  were  as  important  and  valuable  as 
these  of  any  Commander-in-chief  in  the  nation ; 
and  if  these  distinctions  had  been  granted  in  nu- 
mefoos  other  instances,  as  he  could  show  they  had 
been,  it  was  hichly  proper  they  should  be  in  this 
case,  particularly  when  some  who  had  received 
the  honor  had  not  served  so  long,  nor  rendered 
services  hidf  so  important  as  the  officers  he  now 
brought  forward  in  the  first  resolution.  Mr.  C. 
then  referred,  severally,  to  the  resolutions  voting 
thanks  and  medals  to  Gieneral  Brown,  to  Qenenu 
Scott,  to  Generals  Ripley,  Miller,  and  Porter,  to 
Qeneral  Qaines,and  to  Gfeneral  McComb,  accom- 
panied by  thanks  to  their  officers  and  men,  and 
relied  oa  these  resolutions  to  show  that  the  honors 
of  Congress  had  not  been  confined  to  the  Com- 
manders-in-chief, bat,  on  the  contrary,  they  were 
nearly  ail  subordinate  officers,  and  some  not  higher 
than  the  rank  of  Colonel.  Generals  Carroll  and 
Coffee,  if  they  had  not 'the  reputation  of  Com- 
manders-in-chief, deserved  the  applause  of  saving 
a  city  from  a  merciless  enemy^  whose  rallying 
words  were  •'Beauty  and  Booty.'*  Mr.  C.  ad- 
verted to  the  circumstances  under  which  these 
officers  received  tbe  news  of  the  danger  of  New 
OrleaiiB,  aad  the  great  exertions  wh»h  enabled 


them  to  reach  it  in  \\m%.  Coffee  was  reiamiitf 
home  from  the  Creek  war,  with  aa  ezhaastd 
army,  when  information  of  the  danger  of  New 
Orleans  reached  him  at  Baton  Roage.  With  his 
exhausted  men  and  worn  down  horses  heiistantly 
started  for  the  stene  of  action.  No  rest  did  he 
permit  himself,  day  or  night,  but  hastened  with  a 
celerity  un«tampled  and  astonishing,  and  arrived 
just  in  time  to  save  the  city  and  win  a  eonqoest 
which  will  ever  be  regarded  as  a  most  important 
and  most  glorious  one.  Would  the  Hoase  deny 
to  such  men  as  these  the  poor  and  pitiful  reward 
now  proposed  ?  Carroll  had  been  twice  wounded 
in  the  Creek  war,  and  was  called  on,  at  a  mo- 
ment's warning,  to  repair  to  New  Orleans.  ^ 
hastily  collect^  bis  troops,  organiaed  them  for 
the  field  in  less  time  than  was  ever  known,  aad 
with  a  rapidity  never  witnessed  befbre,  by  his 
unwearied  exertions  reached  the  city  just  in  tioM 
to  insure  the  victory  and  share  ia  its  glory.  Mr. 
C.  agreed  to  what  had  been  said  about  the  Revo* 
iutionary  veterans,  bat  hoped,  if  it  was  thought 
proper  to  reward  them  in  this  way,  that  geatle- 
men  would  bring  them  forward  in  a  separate  proa* 
osition,  and  he  would  cheerfully  support  it.  If 
he  asked  for  what  was  not  given  to  otfaws,  turn 
them  away.  If  he  asked  for  what  they  did  not 
deserve,  turn  them  away.  But  if  he  asked  for 
them  what  others  bad  received,  and  which  they 
deserved  much  more  than  some  who  had  recdvea 
this  distinction,  he  hoped  it  would  not  be  denied 
to  them. 

Mr.  HopciKsoN  made  a  few  remarks  to  dis* 
suade  the  House  from  adopting  these  resolutions. 
It  was  a  painful  task  to  urge  this  course ;  but,  he 
said  this  House  had  no  wealth  to  bestow ;  these 
honors  were  all  it  had  to  give ;  they  ought,  there* 
fore,  to  be  given  sparinglv,  and  not  wasted.  The 
honors  of  Congress  oognt  not  to  be  given,  he 
said,  for  fidelity,  for  diligence,  and  bravery,  be- 
cause these  were  to  be  expected,  and  belonged  to 
every  American  officer;  but  were  intended  for 
some  signal  action  above  all,  to  be  rewarded 
above  all.  Instead  of  confining  these  marks  of 
distinction  to  proper  occasions,  all  history  did  not 
furnish  as  many  of  them  as  the  history  of  thb 
country  for  the  last  two  or  three  years,  and  the 
practice  was  so  common  that  it  would  cease' to  be 
any  distinction  at  all.  Mr.  H.  did  not  make  these 
objections  from  any  insensibility  to  the  gallaat 
services  of  the  officers  referred  to  by  Mr.  Clai- 
borne; biat,  besides  his  opposition  on  national 
grounds,  he  thought  that  delicacy  towards  these 
officers  themselves  ought  to  forbid  the  passage  of 
the  resolutions.  It  was  now  three  years  since  the 
close  of  the  war,  and  the  public  would  ask  why 
these  officers  had  not  received  this  reward  before ; 
why,  for  the  first  time,  they  were  brought  for- 
ward at  this  late  day  ?  And,  after  being  so  long 
neglecud,  might  not  the  proceeding  now  be  im- 
puted to  personal  favor?  Mr.  H.  concluded  by 
moving  that  tbe  resolutions  lie  on  the  table. 

Mr.  PoiNDEXTSR  hoped  that  the  motion  to  lay 
the  resolutions  on  the  table  would  be  withdrawn, 
that  the  two  resolutions  might  be  sq[»rated  and 
the  sense  of  the  House  uken  on  each  by  itself. 


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The  tnbjeett  of  the  Northwestern  and  of  the 
Soathem  officers  ought,  he  thought,  to  be  intro- 

Sieed  separately,  and  then  gentlemen  in  the 
onse,  acquainted  personally  with  the  officers  in 
the  two  armies,  coald  speak  of  them,  respeetiTely, 
from  their  own  knowledge;  He  supported  the 
propriety  of  adopting  these  resolutions  by  refer- 
ring to  the  votes  of  Uianks,  Ac,,  which  had  been 
passed  at  this  very  session,  and  the  sword  which 
only  yesterday  was  awarded  to  a  gallant  officer. 
To  reject  the  cases  now  before  the  House,  under 
those  circnmstances,  would  be  invidious  as  well 
as  unjust. 

Mr.  Rbba  hoped  the  resolutions  would  not  be 
laid  on  the  table.  Had  they  not  been  brought 
forward  at  all  this  session  he  should  have  been 
satisfied,  because  the  reputation  of  these  gallant 
men  was  too  well  secured  to  make  this  distine- 
lioo  necessary ;  but  as  the  resolutions  had  been 
oibred  he  was  anxious  thev  should  not  be  reject- 
ed. These  brave  men  dia  not  rest  when  they 
were  going  on  the  floods  to  meet  the  enemies  of 
their  country,  and  he  hoped  the  resolutions  for 
rewarding  them  would  not  be  allowed  to  rest  on 
the  table,  but  would  be  adopted. 

Air.  Harrisor  again  rose  to  bear  testimony 
to  the  gallant  services  of  the  gentlemen  of  the 
Northwestern  army,  and  took  the  opportunity  of 
expressing  briefly  his  sense  of  the  disting^uished 
honor  which  he  had  recently  himself  received  at 
the  hands  of  Congress — a  reward  more  dear  to 
him  than  any  other  that  could  be  conferred  on 
him,  but  which  he  must  look  onf  as  dae  to  the 
gallant  army  which  be  hsd  the  honor  to  com- 
mand rather  than  to  his  merits,  Ae. 

After  some  further  opposition  by  Mr.  Clai- 
BORMB  to  lay  ins  the  resolution  on  the  table,  the 
question  was  taJten  on  that  motion  and  carried — 
ayes  56,  noes  54. 

Frioat,  April  3. 

Mr.  SiTEBRT  reported  a  bill  to  establish  a  port 
of  entry  and  delivery,  at  Cape  Vincent,  at  the 
fork  of  Lake  Ontario  and  the  head  of  the  liver 
St.  Lawrence ;  which  was  read  twice  and  order- 
ed to  be  engrossed  and  read  a  third  time  to- 
morrow. 

Mr.  BSTBSRT  also  reported  a  bill,  declaring  the 
consent  of  Congress  to  an  act  of  the  State  of 
Georgia,  passed  the  10th  of  December,  1817,  "*  to 
establish  the  fees  of  the  harbor-master  and  health 
officer  of  the  port  of  Darien  ;'^  which  was  read 
twice  and  ordered  to  lie  on  the  table. 

Mr.  Sbtbirt  also  reported  a  bill  to  abolish  the 

Sm  of  delivery  estauisbed  at  the  mouth  of 
lade's  Creek,  in  the  State  of  North  Carolina ; 
which  was  read  twice  and  ordered  to  be  engross- 
ed and  read  a  third  time  to-morrow. 

Mr.  Tucker,  of  Virginia,  from  the  committee 
on  so  much  of  the  public  accounts  and  expendi- 
tures as  relates  to  the  public  buildings,  made  a 
report  *,  which  was  read  and  ordered  to  lie  upon 
the  table. 

Ml.  WiLUAm,  of  North  Carolina,  from  the 
Coflunittee  of  Claims,  to  which  was  referred  the 


bill  from  the  Senate,  entitled  ^ An  act  for  ike  ror 
lief  of  Michael  Ho^n,"  reported  the  same  with 
an  amendment;  which  was  read,  and,  together 
with  the  bill,  committed  to  a  Committee  of  the 
Whole  to-morrow. 

Mr.  Scott,  from  the  Committee  appointed  on 
the  16th  ultimo,  by  leave  of  the  House,  reported 
a  bill  to  authorize  the  people  of  the  Missouri 
Territory  to  form  a  constitution  and  State  ^v* 
ernment,  and  for  the  admission  of  such  State  mto 
the  Union  on  an  equal  footing  with  the  original 
States ;  which  was  read  twice  and  committed  to 
a  Committee  of  the  Whole. 

The  amendment  proposed  by  the  Senate  to  the 
bill,  entitled  ''An  act  confirming  the  claim  of 
Tobias  Rheams  to  a  tract  of  land  granted  him 
by  the  Spanish  Government,'' was  read,  and  con- 
curred in  by  the  House. 

Engrossed  bills  of  the  following  titles,  to  wit : 
An  act  for  the  relief  of  Sarah  Dewees,  relict  and 
widow  of  William  Dewees,  deceased,  and  the 
heirs  and  legal  representatives  of  the  said  Wiip 
liam  Dewees ;  An  act  for  the  relief  of  Gad' Wocth- 
ington ;  An  act  for  the  relief  of  the  honaes  of 
Thomas  and  John  Clifibrd,  Blishk  Fisher  and 
Company,  Thomas  Clifibrd  and  Son,  and  Thooaas 
Clifibrd,  of  Philadelphia,  and  Charles  Wirgmna, 
of  Baltimore ;  An  act  for  the  relief  of  John  Rod- 
gers ;  and  An  act  for  the  relief  of  certain  friendly 
Creek  Indians;  were  severally  read  the  thiri 
time,  and  passed. 

The  bill  from  the  Senate  for  the  relief  of  Lem- 
uel H.  Osgood,  was  read  twice,  and  referred  lo 
the  Committee  of  Claims. 

The  bill  from  the  Senate,  to  provide  for  pay'- 
ing  to  the  State  of  Indiana  three  per  cent,  or  the 
net  proceeds  arising  from  the  sales  of  -the  United 
States  lands  within  the  same,  was  read  a  third 
time,  as  amended,  and  passed. 

The  House  resolved  itself  into  a  Committee  of 
the  Whole,  on  the  bill  from  the  Senate  "direct- 
ing the  manner  of  appointing  Indian  ajgents,  and 
continninff  the  act  for  establishing  trading-houses 
with  the  Indian  tribes;"  and,  after  some  debnte, 
the  bill  was  ordered  to  be  read  a  third  time  to- 
morrow. 

»  The  House  then  resolved  itself  into  a  Commit- 
tee of  tae  Whole,  on  the  bill  for  the  relief  of  Lor- 
ing  Austin ;  which  gave  rise  to  much  debate. 

The  bill  proposes  to  relieve^Ms^r  Austin  from 
the  efiecu  of  a  prosecution  against  him  for  false 
imprisonment,  in  a  case  in  which,  by  orders  from 
General  Pike  that  he  was  bound  to  obey,  he  seized 
certain  persons  at  Ogdensburg,  suspected  of  trea- 
sonable practices  with  the  enemy.  AAer  the  de- 
bate tbe  bill  was  reported  to  the  House,  and  or^ 
dered  to  be  engrossed. 

The  bill  for  the  relief  of  Major  General  Jaoob 
Brown,  and  the  bill  for  the  relief  of  George  R. 
Wells,  passed  through  the  same  committee,  and 
were  ordered  to  be  engrossed  for  a  third  reading. 

MILITIA  PAY— SElrflNOLE  WAR. 
Mr.  Cobb  submitted  for  consideration  the  fol- 
lowing resolution : 
**JUmhtd,  That  the  Coaamitlee  en  Militaiy  Afiain 


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1673 


HISTOBT  OP  CONGRESS- 


1674 


April,  1818. 


Proceedings, 


H.opR. 


to  iBitnicted  to  iaqnira  into  tike  ezpediaDcj  of  increM- 
ing  tho  pttj  of  the  militim  now  in  the  forriee,  or  whidi 
WKf  bnvimr  bo  ctllod  into  the  eerrioe  of  the  United 
8l«leo»  in  die  wtr  now  proeeeating  egainet  the  Semi- 
nole tribe  of  Indiine,  and  of  aiSyrding  additional  pv' 
to  thoao  who  have  been  in  aerrice  in  aaid  war»  and 
haTO  been  diediaiged." 

Mr.  C.  obserred,  that  an  apology  was  doe  to 
the  Hooae  for  offering  this  resolation  at  such  a 
late  day  in  the  session;  the  apology  he  should 
make  was^  that  he  had  understood  this  measure 
had  been  mtrodnced  early  in  the  session  in  the 
Senate ;  from  eauaea  unknown  to  himj  that  body 
had  not  yet  acted  upon  it. 

Mr.  C.  further  olwerTed,  that  if  he  recollected 
correctly  the  published  arguments  which  were 
urged  for  retaining  the  number  of  ten  thousand 
men  upon  the  Peace  Establishment  of  the  Army, 
one  was  that,  out  of  that  number,  a  sufficient 
force  could  at  all  times  be  commanded  to  put  an 
end  to  any  Indian  war  which  might  happen,  with- 
out calling  upon  the  militia;  vet  an  Indian  war 
had  happened,  which  one  of  the  General  officers 
of  the  United  States  had  chosen  emphatically  to 
call  a  little  war ;  to  terminate  which,  a  militia 
force  of  at  least  four  thousand  men  had  been  called 
into  aervice.  It  was  not  for  him  to  gire  reasons 
for  this  procedure.  There  were  at  thi^  time 
in  serrice  at  least  three  thousand  men  of  the 
Georgia  and  Tennessee  militia.  They  had  been 
ctlled  out  at  a  season  of  the  year,  above  all  others, 
of  the  most  consequence  to  them ;  for  that  they 
would  be  in  service  just  long  enough  to  deprive 
them  of  the  opportunity  of  making  a  crop  upon 
their  farms.  In  addition  to  this  he  would  observe, 
that  a  more  inclement  season  had  hardly  ever 
been  witnessed  in  that  part  of  the  country  where 
the  militia  were.  If  his  information  was  correct, 
they  bad  been  exposed  to  incessant  rains,  from 
the  time  they  were  imbodied  until  he  last  heard 
frpm  them.  But  this  was  not  all— they  had  been 
starved.  He  had  understood  and  believed  that 
the  Tennessee  militia,  after  having  entered  the 
nation,  were  compelled  to  return  to  their  settle- 
ments in  Georgia  in  order  to  be  subsisted ;  and 
that  the  Georgia  militia  had  been  reduced  to  an 
allowance  of  a  half  a  pint  of  corn  a  day.  To 
whom  the  blame  of  this  state  of  things  was  to  be 
attached  he  would  not  say ;  but  he  thou|^ht  that 
persona  suflering  such  hardships  and  privations 
were  entitled  to  a  greater  compensation  than  the 
pitiful  sum  of  five  dollars  per  month.  He  thought 
that  the-House  would  agree  with  him,  that  not 
lesa  than  double  that  sum  would  be  but  a  poor 
reward  to  men  thus  situated.  He  was  of  opinion 
that,  had  the  militia  been  properly  fed  and  at- 
tended to,  they  would  not  have  complained,  or 
cared  for  the  trifling  pay  now  allowed  them  by 
law.  But  he  thought  the  Government  ought  at 
least  to  increase  the  weight  of  their  pockets,  aAer 
failing  to  afford  them  food.  He  concluded  by 
saying,  he  had  offered  these  observations  with 
the  motive  of  inducing  the  House,  not  only  to 
adopt  the  resolution  he  had  offered,  but  speedily 
to  adopt  any  measure  founded  on  it.  The  motion 
was  agreed  to. 


Saturoay,  April  4. 

Mr.  Thomas  M.  Nelson  presented  a  memorial 
of  Brigadier  General  Daniel  Farker,  Adjutant  and 
Inspector  General  of  the  Army  of  the  United 
States,  containing  an  explanation  of  the  circum- 
sunces  attending  his  certificate  of  the  authenti- 
city of  the  signature  of  Colonel  Isaac  Clark,  late 
of  the  Army,  which,  subsequently  proved  to  be  a 
forgery ;  which  certificate  has  been  made  the  sub- 
ject or  animadversion  in  the  report  of  the  com- 
mittee appointed  to  inquire  into  the  conduct  of 
clerks  and  other  officers  of  Government. — ^Laid 
on  the  table. 

Mr.  Rhba^  from  the  Committee  on  Pensions 
and  Revolutionary  Claims,  to  which  was  com- 
mitted the  bill  from  the  Senate,  entitled  ^An  act 
for  the  relief  of  the  heirs  of  Landon  Carter,"  re- 
ported the  same  with  an  amendment ;  which  was 
read,  and,  together  with  the  bill,  committed  to  the 
Committee  of  the  Whole,  to  wnich  is  committed 
the  bill  for  the  relief  of  Cornelia  Mason. 

Mr.  Rhea  also  reported  the  bill  from  the  Sen- 
ate, entitled  "An  act  for  the  relief  of  Samuel 
Ward,"  without  amendment,  and  the  bill  was 
committed  to  a  Committee  or  the  Whole. 

Mr.  PoiNOEZTfiR,  from  the  Committee  on  Pri- 
vate Land  Claims,  to  which  was  committed  the 
amendment  proposed  by  the  Senate  to  the  bill^ 
entitled  *'An  act  for  the  relief  of  Daniel  Burnett, 
Gibson  Clark,  and  the  legal  representatives  of 
Hubert  Rowell,"  reported  their  agreement  to  the 
said  amendment  witn  an  amendment ;  which  was 
read,  and,  together  with  the  bill,  ordered  to  lie  on 
the  table. 

Mr.  Stroth£R,  from  the  Committee  for  the 
District  of  Columbia,  to  which  was  referred  the 
bill  from  the  Senate,  entitled  ^An  act  supple- 
mental to  the  act,  entitled  'An  act  further  to 
amend  the  charter  of  the  City  of  Washington," 
reported  the  same  with  an  amendment;  which 
was  read,  and,  together  with  the  bill,  committed 
to  a  Committee  of  the  Whole. 

Mr.  JoHMsoN,  of  Kentucky,  from  the  Commit- 
tee on  Military  Affiirs,  reported  a  bill  to  increase 
the  pay  of  the  militia  while  in  actual  service,  and 
for  other  purposes  \  which  was  read  twice,  and 
ordered  to  lie  on  the  table. 

Mr.  Blount,  from  the  Committee  on  the  Poet 
Office  and  Post  Roads,  reported  a  bill  to  establiah 
and  alter  post  roads;  which  was  read  twice,  and 
committed  to  a  Committee  of  the  Whole. 

Mr.  Sbrgbant,  from  the  select  committee,  to 
whom  was  referred  a  resolution  of  the  13th  Feb- 
ruary, and  a  memorial  from  a  number  of  the  citi- 
zens of  Philadelphia,  respecting  the  imprisonment 
of  Richard  W.  Meaae,  n^e  a  report,  comprising 
a  general  view  of  the  case ;  and  concluding  witn 
the  recommendation  of  a  resolution,  that  this 
House  will  support  the  Executive  in  all  proper 
measures  whicn  he  may  take  to  procure  the  re- 
lease of  Mr.  Meade  from  confinement. 

The  report  was  read,  and  ordered  to  lie  on  the 
table,  and  be  printed. 

Mr.  PiTKiK,  from  the  joint  committee  appoint- 
ed to  examine  and  report  what  business  is  necea- 


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1675 


HISTORY  OF  CONGRESS, 


1676 


H.  OP  R. 


Proceedings, 


April,  1818. 


sary  to  be  done  by  CoDgress  previous  to  the  ad- 
jouroment  of  the  present  session,  made  a  report ; 
which  was  read,  and  ordered  to  lie  on  the  table. 

On  motion  of  Mr.  Taylor,  the  Secretary  for 
the  Department  of  the  Navy  was  instructed  to 
report  to  this  House,  during  the  first  week  of  the 
next  session  of  Congress,  a  particular  statement 
of  the  expenditure  of  the  appropriations  made  by 
an  act  rewarding  the  officers  and  crew  of  the  fri- 
gate Constitution ;  and  the  officers  and  crew  of 
the  Wasp,  passed  March  3d.  1813  3  also,  by  an  act 
to  reward  the  officers  and  crew  of  the  sloop  of 
war  Hornet,  and  Lieutenant  Elliot,  and  his  offi- 
cers and  companions,  passed  July  13th.  1813; 
also,  by  an  act  authorizing  the  purchase  of  the 
vessels  captured  on  Lake  Erie,  passed  18th  April, 
1814;  also,  by  an  act  authorizing  the  purchase 
of  vessels  captured  on  Lake  Champlain,  passed 
March  3d,  1815;  also,  by  an  act  rewarding  the 
officers  and  crew  of  the  sloop  of  war  Hornet,  for 
the  capture  and  destruction  of  the  British  sloop 
of  war  Penguin,  passed  February  28tb,  1816 ;  and 
also  by  an  act  providing  for  the  distribution  of 
9100,000,  among  the  captors  of  the  Algerine  ves- 
sels captured  and  restored  to  the  Dey  of  Algiers, 
passed  April  27th,  1816;  designating  the  names 
of  the  prize  agents  appointed  under  the  several 
acts,  and  the  payments  by  them  respectively 
maae,  specifying  the  time  when,  and  persons  to 
whom  the  same  may  have  been  made,  and  the 
balances,  if  any,  remaining  in  their  hands  unex- 
pended. 

On  motion  of  Mr.  Slocumb,  the  Secretary  for 
the  Department  of  War  was  directed  to  prepare 
and  report  to  this  House,  at  the  next  session,  a 
system  providing  for  the  abolition  of  the  existing 
Indian  trading  establishments  of  the  United  States, 
and  providing  for  the  opening  of  the  trade  with 
the  Indians  to  individuals,  under  suitable  regula- 
tions. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  passed  a  bill,  entitled  '^An 
act  for  the  relief  of  Michael  Jones;"  in  which 
they  ask  the  concurrence  of  this  House. 

The  said  bill  was  read  twice,  and  referred  to 
the  Committee  on  the  Public  Lands. 

Mr.  Bassett,  from  the  Committee  on  the  Pub- 
lic Buildings,  made  a  report,  stating  the  probabil- 
ity of  the  wings  of  the  Capitol  beiag  completed 
for  the  use  of  Congress  before  the  next  session, 
but  the  deficiency  of  the  wings  in  committee 
rooms,  and  recommending  the  erection  of  a  tem- 
porary building  for  that  purpose,  until  the  centre 
boildinff  of  the  Capitol  shall  be  erected. 

Mr.  LtvERMOHE  submitted  the  following  reso- 
Ivtion : 

Resohedy  bv  the  Senate  and  HouBeo/RepresentoHves 
^  the  Unitea  States  of  America  in  Congress  assem* 
iledf  tUHhthirds  of  both  Houses  concurring  therein, 
That  the  following  amendment  to  the  Constitution  of 
the  United  States,  be  proposed  to  the  Lefitlatnres  of 
the  several  States,  which,  when  ratified  by  three-fourths 
of  the  said  States,  diall  be  valid  to  all  intenU  and  pur- 
poses, as  a  part  of  the  said  Constitution : 

<\No  person  shall  be  held  to  service  or  labor  as  a  slave, 
nor  shall  slavery  be  tolerated  in  any  State  hereafter 


admitted  into  the  Union,  or  made  one  of  the  Umtad 
States  of  America.'' 

The  resolution  was  read,  and.  on  the  qiwstioa 
of  proceeding  to  its  consideration,  it  was  decided 
in  the  negative. 

Mr.  Smith,  of  Maryland,  laid  on  the  Clerk's 
table  two  acts  of  the  Parliament  of  Great  BritaiD. 
one,  entitled  **An  act  to  consolidate  and  extend 
the  several  laws  now  in  force,  for  allowing  the 
importation  and  exportation  of  certain  goods  and 
merchandise  into,  and  from,  certain  ports  in  the 
West  Indies,"  passed  the  27th  Juoe^  1805;  the 
other,  entitled  '^An  act  to  permit  the  importation 
of  rice,  grain,  and  flour,  from  any  foreign  coloniea 
on  the  continent  of  America,  into  certain  ports 
in  the  West  Indies,  and  to  allow  certain  articles 
to  be  imported  from  the  United  States  of  Amer- 
ica into  the  British  provinces  of  North  America, 
for  the  purpose  of  exportation  to  the  British  islands 
in  the  West  Indies,''  passed  on  the  30lh  of  Jane, 
1805 ;  which  were  ordered  to  be  printed  for  Iha 
use  of  the  members  of  Congress. 

The  Speaker  laid  before  the  House  a  report 
of  the  Secretary  of  State  on  the  petition  of  Jona- 
than Elliot;  which  was  read,  and  ordered  to  lie 
on  the  table* 

The  bill  from  the  Senate,  directing  the  appoint- 
ing  Indian  agents,  d&c.,  was  read  the  third  tioae, 
and  passed. 

The  engrossed  bills  for  the  relief  of  Major  Gen- 
eral Jacob  Brown ;  to  establish  a  port  ol  entry  nt 
Cape  Vincent,  at  the  fork  of  Lake  Ontario  and 
the  River  St.  Lawrence  ;  to  abolish  the  port  of 
delivery  established  at  the  mouth  of  Siade^s  ci«ek, 
in  North  Carolina ;  for  the  relief  of  Loring  Aus- 
tin ;  and  for  the  relief  of  George  R.  WeUsf— 
were  severally  read  the  third  time  and  paaMd. 

A  message  from  the  Senate  informed  the  Houae 
that  the  Senate  disagree  to  the  amendnaent  pro* 
posed  by  this  House  to  the  bill,  entitled  ^An  net 
to  provide  for  paying  the  State  of  Indiana  three 
per  cent,  of  the  net  proceeds  arising  from  the 
sales  of  the  United  States'  lands  within  the  stake." 
They  have  passed  bills  of  this  House,  entitled 
"An  act  making  appropriations  for  thesnppertof 
Government  for  the  year  1818  $"  and  "An  net  for 
the  relief  of  Narcissus  Broutin  and  others;"  with 
amendments.  They  hare  also  passed  a  bilL  en- 
titled *^An  act  concerning  navigation;"— in  which 
amendments  and  bill  they  ask  the  conenrrenoe  of 
this  House. 

The  bill  from  the  Senate,  entitled  ''An  act  eon- 
cerning  navig;ation,"  was  read  tviee,and  referred 
to  the  Committee  of  the  Whole,  to  which  ia  eoai<' 
mitted  the  bill  supplementary  to  the  act  rcignlat- 
ing  the  duties  on  imports  and  tonnage^  pasted 
the  27th  April,  1816. 

The  amendment  proposed  by  ihu  Hooee,  to  the 
bill  from  the  Senate,  entitled  "An  aot  to  providt 
for  paying  to  the  State  of  Indiana  three  per  eent. 
of  the  net  proceeds,  arising  from  the  sales  of  the 
United  States  lands  within  the  same,"  and  to 
which  the  Senate  have  disagreed,  was  read) 
when,  Mr.  Hen oaioKS  moved  that  this  Hooae  in- 
sist  on  the  said  amendment.  This  notion  waa 
rejected ;  and  the  question  was  taken,  Will  th# 


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H^ote  T«oede  from  tbeir  taid  tm€oda«Bt  7  sad 
pMied  in  the  affirmative. 

Tbe  amendmettts  proposed  by  the  Senate  to 
the  billy  entitled  ^'An  aet  for  the  relief  of  Narcis- 
sus Brontio  and  others,"  were  read  and  concarred 
inbj  theHonse. 

llie  amendments  of  the  Senate  to  the  general 
appropriation  bill  were  considered  in  a  Commit- 
tee or  the  Whole,  agreed  to  by  the  committee, 
and  concarred  in  by  the  House. 

The  bill  for  the  relief  of  John  Anderson  passed 
Ihroogh  a  Committee  of  the  Whole,  and  was  or- 
dered to  a  third  reading. 

STATE  OF  ILLINOIS. 

The  House  resolTcd  itself  into  a  Committee  of 
the  Whole  on  the  bill  to  enable  the  people  of 
Illinois  Territory  to  form  a  constitution  and  State 
^Ternment,  and  for  the  admission  of  sach  State 
into  the  Union  on  a  footing  with  the  original 
States. 

Mr.  PoP£  moved  to  amend  the  bill  by  striking 
oQt  the  lines  defining  the  boundaries  of  the  new 
States,  and  to  insert  the  following : 

**  Befinniiig  at  the  month  of  the  Wabash  river ; 
tbenoe  up  the  same,  and  with  the  line  of  Indiana  to 
the  nortfvweit  comer  of  said  State;  thence  east  with 
the  line  of  the  same  State  to  the  middle  of  Lake  Michi* 
fan ;  thence  north  abng  the  middle  of  said  lake  to 
aorlh  latitude  4!t  deg.  90  minutes ;  thence  west  to  the 
middle  of  the  Misnsnppi  riyer ;  and  thence  down 
along  the  middle  of  that  rirer  to  its  confluence  with 
the  Ohio  rber  ;  and  thenoe  up  the  latter  river  along 
its  noTtbweatem  shore  to  the  beginning." 

The  object  of  this  amendment,  Mr.  P.  said,  was 
to  gain,  for  the  proposed  State,  a  coast  on  liake 
Maehigan.  This  wcMild  afford  additional  secuiity 
to  the  iwrMtuity  of  the  Union,  inasmuch  as  the 
BimMM  would  thtrebv  be  connected  with  the  States 
of  Jadiana,  Ohio,  PoinsylTania.  and  New  York, 
through  the  Lakes.  The  iacility  of  opening  a 
canal  between  Lake  Michigan  and  the  Illinois 
river,  aaid  Mr.  P.,  is  acknowledged  by  erery  one 
who  h«e  Tisitod  the  place.  Giving  to.  the  pro* 
poead  State  the  port  of  Chicago,  (embraced  in 
the  proposed  limits,)  will  draw  its  attention  to 
the  opening  of  the  communication  between  the 
llliaots  river  and  that  place,  and  the  improve- 
ment of  that  harbor.  It  was  believed,  he  said, 
ti|xm  good  authority,  that  the  line  of  separation 
between  Indiana  and  Illinois  would  strike  Lake 
MieJumm  eonth  of  Chicago,  and  not  pass  west  of 
it,  as  had  been  snppoeed  by  some  geographers 
who  had  favored  us  with  maps  of  that  country ; 
mmdf  Mr,  P.  added,  that  all  the  country  north  of 
the  prepoeed  Sute,and  bounded  by  Laces  Michi- 
gan,  Huron,  Snj>erior,  and  of  the  Woods,  and 
the  Miastssippi  river,  must  form  but  one  Sute, 
Cojimas  being  restricted,  by  the  ordinance  of 
178^  from  erecting  more  than  five  States  in  the 
Northwestern  Territory. 

Thia  motion  was  agreed  to  without  a  division. 

hir.  Pops  then  moved  further  to  amend  the 
hill,  by  atrikiag  out  that  part  which  appropriated 
the  State's  proportion  of  the  proceeds  of  the  sales 
of  the  public  lands  to  the  construction  of  roads 


and  canals  in  said  Sute,  and  to  insert  the  fol~ 
lowing : 

<'For  the  purposes  following,  viz :  two-filths  to  be 
disbursed,  under  the  direction  of  Congress,  in  makinf 
roads  leading  to  the  State ;  the  reddne  to  be  appve* 
priated  by  the  Legislature  of  the  State  for  the  eneeua* 
agement  of  learning,  of  which  one  — -—  pait  ihafl  he 
exdusively  bestowed  on  a  college  or  university.'' 

Mr.  P.  said,  that  the  fund  proposed  to  be  ap- 
plied for  the  encouragement  of  learning  had.  m 
the  other  new  States,  been  devoted  to  roads;  but 
its  application  had,  it  was  believed,  not  been  pro- 
ductive of  the  good  anticipated ;  on  the  contrarvi 
it  had  been  exhausted  on  local  and  neighborhood 
objects,  by  its  distribution  among  the  countiei^ 
according  to  their  respective  representation  in 
the  Legislature.  The  importance  of  education 
in  a  Republic,  he  said,  was  universally  ackiow* 
lodged ;  and  that  no  immediate  aid  could  he  de- 
rived in  new  counties  from  waste  lands  was  ftol 
less  obvious ;  and  that  no  active  fund  would  be 
provided  in  a  new  State,  the  history  of  the  West* 
em  States  too  clearly  proved.  In  addition  to 
this,  Mr.  P.  said,  nature  had  left  little  to  be  done 
in  the  proposed  State  of  Illinois,  in  order  to  ham 
the  finest  roads  in  the  world.  Besides,  roada 
would  be  made  by  the  inhabitants  as  they  beoamo 
useful,  because  the  benefits  are  immediate ;  but 
not  so  with  endowments  to  schools.  The  effrota 
of  these  institutions  were  too  remote.  Nor  wool^ 
the  interest  of  the  United  States  be  impaired  bf 
this  plan.  The  land  on  the  roads  was  generally 
private  property  before  the  opening  of  the  roau; 
and  the  benefit  resulting  to  the  iJnited  Statea 
from  the  stioulation  would  be  found  alone  in  the 
exemption  from  taxation,  for  &ve  years,  of  lands 
sold  in  the  State. 

This  motion  was  also  agreed  to  without  a  di- 
vision; and  after  receiving  aome  further  amemU 
menis,  the  most  important  of  which  was  one 
moved  by  Mr.  Tatlob,  to  exempt  the  aoldkra' 
bounty  lands  in  the  State  from  taxation  for  thtat 
years — 

The  Committee  rose  and  reported  the  bill  ta 
the  House,  and  it  was  ordered  to  be  engrossed,  m 
amended,  and  read  a  third  time,  nemme  eontnh 
dieente, 

INTERNAL  IMPROVEMENT. 

The  House  took  up  and  proceeded  to  considet 
the  resolutions  rmrted  by  the  Committee  en 
Roads,  Canals,and  Seminaries  of  Learning}  and 
the  said  resolutions  being  amended  to  read  as  fol- 
lows, to  wit : 

Resolved,  That  the  Secretary  of  War  be  instmcted 
to  report  to  this  House,  at  the  ensuing  session  of  Con- 
gress, a  plan  for  the  application  of  such  means  as  are 
within  the  power  of  Congress,  to  the  purpose  of  open- 
ing and  constructing  such  roads  and  canals,  as  may 
deserve  and  require  the  aid  of  Government  with  a 
view  to  military  operations  in  time  of  war ;  the  tna^ 
pertation  of  munitions  of  war ;  and  the  mors  complete 
defence  of  the  United  States ;  and  also,  a  statement 
of  the  works  of  the  nature  abovementioned,  which 
have  been  commenced ;  the  progress  which  has  been 
made ;  and  the  means  and  prospect  of  their  comple- 
tion ;  and,  together  with  such  information,  as  in  the 


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167» 


HISTOET  OF  00NOBSS8. 


1680 


H.otR. 


Organizatum  of  the  Armf^Bittcry  of  €kmgre$$. 


April,  1818. 


opiaioii  of  the  Secretarj,  ihftU  be  material  in  relatioii 
to  the  objecta  of  this  resolutioD. 

lUtolved,  That  the  Secxetaiy  of  the  Treaaury  be  in- 
atrnoled  to  prepare  and  report  to  this  Houae,  at  their 
next  aeiaion,  a  plan  for  the  application  of  such  means 
aa  are  within  the  power  of  Congress,  to  the  purpose  of 
opening  and  improTing  roads,  and  making  canals ;  to- 
gether with  a  statement  of  the  undertakings  of  that 
mtnre,  which,  as  objeeU  of  public  improTement,  mar 
require  and  desenre  the  aid  of  the  Government;  and, 
also,  a  statement  of  works  of  the  nature  abovemen- 
tioned  which  hare  been  commenced;  the  progress 
whidi  has  been  made  in  them ;  the  means  and  pros- 
pect of  their  being  completed ;  the  public  improTements 
carried  on  by  States  or  by  companies,  or  incorporations 
which  have  been  aasoctated  for  such  puipoaes,  to  which 
h  may  be  deemed  expedient  to  subscribe  or  afford  as- 
sistance ;  the  terms  and  conditions  of  such  associations 
end  the  state  of  their  funds,  and  such  information,  as, 
in  the  opinien  of  the  Secretary  shall  be  material  in 
nlatioa  to  the  objecta  of  this  resolution. 

The  question  was  taken  to  wee  to  the  said 
resolutions,  and  passed  in  the  affirmative — yeas 
76 jpays  57,  as  follows : 

Ybas — Measrs.  Abbott,  Anderson  of  Kentucky, 
latenan,  Bayley,  Campbell,  Cobb,  Comstock,  Craw- 
Ibrd,  Cruger,  Cushman,  Darlington,  Ellicott,  Tlojd, 
For^th,  Oage,  Haabrouck,  Hendricks,  Herkimer,  Her- 
rick,  HitchcoA,  Hohnes  of  Massachuaetts,  Hohnes  of 
Connecticut,  Hopkinson,  Irving  of  New  York,  John- 
son of  Kentucky,  Kinsey,  Linn,  Little,  Livermore, 
Lowndes,  W.  P.  Maclay,  Marchand,  Mason  of  Massa- 
chusetts, Miller,  Mumford,  Murray,  J*  Nelson,  Ogden, 
Ogle,  Owen,  Palmer,  Parrott,  Patterson,  Pawling, 
Peter,  Pindall,  Rich,  Robertson  of  Louisiana,  Rogers, 
Savage,  Schuyler,  Sergeant,  Serbert,  Shaw,  Sherwood, 
Simuns,  Slocumb,  B.  SmiUi,  Soeed,  Spencer,  Stewart 
of  North  Carolina,  Stuart  of  Maryland,  Tallmadge, 
Tarr,  Taylor,  Terrill,  Trimble,  Tucker  of  Virginia, 
Upham,  Wafter  of  Kentucky,  Wallace,  Wendover, 
Westerio,  Whiteside,  Wilkin,  Wilson  of  Pennsylvania. 

Nats — Messrs.  Adama,  Allen  of  Massachusetts, 
Allen  of  Vermont,  Austin,  Ball,  Barber  of  Ohio,  Baa- 
sett,  Bennett,  Blount,  Boden,  Boss,  Burwell,  Butler, 
Clsgett,  Cook,  Crafts,  Culbreth,  Desha,  Drake,  Earle, 
Sdwards;  Folger,  (Harnett,  Hale,  Hall  of  North  Caro- 
ttna,  Hogg,  Hunter,  Huntington,  Johnson  of  Virginia, 
KirUand,  McCoy,  Mason  of  Rhode  Island,  MerriU, 
H.  Nelson,  T.  M.  Nelson,  Pitkin,  PleasanU,  Potndez- 
ter,  Rhea,  Rice,  Richards,  Ruggles,  Sampson,  Sawyer, 
Scudder,  Settle,  Silsbee,  J.  S.  Smith,  Strother,  Tomp- 
kins, Townsend,  Tucker  of  South  Carolina,  T^ler, 
Whitman,  WiUiams  of  New  York,  Williams  of  North 
Carolina,  and  Wilson  of  Massachusetts. 

ORGANIZATION  OP  THE  ARMY. 

The  House  resolved  itself  into  a  Committee  of 
the  Whole,  on  the  bill  respecting  the  organiza- 
tion of  the  Army,  and  for  other  purposes ;  and  on 
the  bill  for  the  relief  of  John  Work ;  and,  after 
tome  time  spent  therein,  the  Committee  reported 
the  first-mentioned  bill  with  amendments,  and  the 
last-mentioned  bill  without  amendment. 

The  said  amendments  were  read,  and  the  first 
thereof  concurred  in,  and  the  last  rejected  by  the 
House. 

Mr.T.M.NBL80if  then  moTed  further  to  amend 
the  said  bill  by  insertinff  therein  the  following,  as 
the  fifth  section  thereof,  riz: 


Sac.  6.  Andbeiijurthermadedf  That  those  aol- 
diers  who  enlisted  for  and  during  the  late  war  with 
Great  Britain,  and  who  served  fiuthfully  until  the  ter- 
mination thereof  was  aimounced  by  the  Proclamation 
of  the  President  of  the  United  States,  shall  be  entitled 
to  the  bounty  land  which  they  would  have  been  enU- 
tled  to,  had  they  obtained  an  honorable  discharge. 

And,  on  the  question  to  agree  to  this  section,  it 
was  determined  in  the  negative. 

The  said  bill  was  then  further  amended*  and 
ordered,  to  be  engrossed  and  read  a  third  time  on 
Monday  next. 

The  bill  for  the  relief  of  John  Work  was  or- 
dered to  be  engrossed  and  read  a  third  time  on 
Monday  next. 

HISTORY  OF  CONGRESS. 

On  motion  of  Mr.  Sergeant,  the  House  pro* 
ceeded,  by  a  vote  of  60  to  58,  to  consider  the  re* 
port  of  the  Committee  of  the  Whole  on  the  bill 
authorizing  a  sulM^ription  (of  one  thousand  cop- 
ies) to  the  History  of  Congress,  proposed  to  be 
undertaken  by  Qales  &  Seatoo. 

The  House  barinfi;  refused  to  concur  with  the 
Committee  of  the  Whole,  in  striking  out  the  firat 
section  of  the  bill,  Mr.  S.,  with  a  view  of  remoT- 
ing  the  objections  made  by  some  gentlemen  to 
the  bill  in  us  present  shape,  moved  to  add  to  the 
first  section  the  following  proviso : 

Provided,  Jurther^  That,  before  receiving  any  paj- 
ment  on  account  o£  said  work,  the  publishers  shall 
enter  into  bond  in  a  penalty  of  twenty  thousand  dol- 
lars, with  security  to  be  approved  by  the  First  Comp- 
troller, that  the  said  work  shall  not  exceed  ten  volumes 
in  extent,  to  be  brought  up  to  the  end  of  the  second 
session  of  the  fourteenth  Congress,  and  shall  be  com- 
pleted vrithin  ten  years  from  the  day  on  which  the 
first  payment  on  account  thereof  is  demanded:  And 
provided,  alio,  That  nothing  in  this  act  contained 
shall  be  construed  to  preclude  Congreas  from  reaoittd- 
ing  their  subscription  to  the  said  work,  whenever  it 
shall  to  them  seem  expedient. 

This  amendment  was  agreed  to  without  a  diria- 
ion ;  when  Mr.  Hitchcock  moved  to  reduce  the 
subscription  from  one  thousand  to  one  hundred 
copies ;  which  motion  he  afterwards  modified,  by 
moving  two  hundred  and  fifty. 

This  motion  was  opposed  by  Mr.  Sirqiant, 
because,  be  argued,  it  would  be  equivlilent  to  a 
rejection  of  the  bill ;  as  the  great  labor  of  the  com- 
pilation, the  expense  of  preparing  the  work  for 
the  press,  the  expense  of  printing  rolnmea  of  the 
magnitude  proposed,  d&o.,  could  not  be  undertaken 
without  aid  from  Congress,  to  the  exUnt  pro- 
posed  by  the  select  committee;  and  because  a 
work  of  this  nature  could  not  depend  on  private 
subscription,  ^c.  Mr.  S.  also  enforced  and  en- 
larged on  tne  national  importance  of  the  work 
proposed,  as  well  as  its  importance  to  Congreas  in 
lU  legislative  business,  Ae. ;  in  which  he  wasaop^ 
ported  bv  Mr.  Simkins,  Mn  Johnson  of  Kentuc* 
ky,  and  Air.  Livbrmobe. 

The  bill  was  opposed  earnestly  by  Mr.  Pitkin, 
Mr.  Hitchcock,  and  Mr.  Butler,  priDcipally  on 
the  ground  of  the  expense,  and  the  unimportaDce 
of  the  work  compared  with  that  expense. 

Mr.  HiTCHCocK'a  motion  to  reduce  the  aiim« 


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16S1 


mSTOBT  OF  CONGRBSS. 


1682 


Apiil,  1818. 


Natal  Ag^Brir9^CaurU  Martial. 


H.  OP  R. 


ber  of  copies  to  be  subscribed  for  was  agreed  to — 
ayes  74,  noes  56— when,  on  motion  by  Mr.  Bis- 


8BTT,  the  bill  was  ordered  to  He  on  the  table. 

Monday,  April  6. 

Mr.  Sbybbrt,  from  the  Committee  of  Com- 
merce and  Bfanofaotures,  made  a  report  on  the 
petition  of  Seth  Sprague,  accompanied  by  a  bill 
for  kis  relief;  which  was  twice  read,  and  com- 
mitted. 

Mr.  Williams,  from  the  Committee  of  Claims, 
reported  the  bill  from  the  Senate,  for  the  relief 
of  Lemuel  H.  Osgood,  without  amendment,  and 
the  bill  was  ordered  to  a  third  reading. 

Mr.  Lowndes,  from  the  Committee  of  Ways 
and  Means,  to  whom  was  referred  an  inquiry  into 
the  expediency  of  authorizing  the  President  of 
the  United  States  to  distribute  an  additional  sum 
among  the  assessors  of  the  United  States,  made 
a  report  adrerse  to  such  a  measure ;  which  was 
read,  and  ordered  to  lie  on  the  table. 

Mr.  SpBNCfiR,  from  a  select  committee,  made 
a  report  on  the  petition  of  John  Daily  and  Sam- 
md  ThompeoD,  accompanied  by  a  bill  for  their 
relief;  which  was  twice  read,  and  committed. 

The  Honse  took  up  and  proceeded  to  consider 
the  report  of  the  Committee  of  Ways  and  Means, 
of  the  19th  of  February  last,  on  the  petition  of 
Mary  Gkaeff ;  and  the  resolution  therein  contained 
was  read,  and  is  as  follows: 

lUiolpal,  That  the  prayer  of  the  petitioner  ought 
not  to  be  granted. 

Mr.  SsaoBAMT  moFed  to  amend  the  resolution, 
so  as  to  make  it  read— 

Remfhed,  That  the  prayer  of  the  petitioner  is  rea^ 
mnM9  and  ought  to  be  gianted,  and  that  the  Oom- 
■ittea  of  Ways  and  Means  ^e  instmeted  to  report  a 
bift  to  that  effect. 

The  question  being  taken  so  to  amend  the  reso- 
lution, it  passed  in  the  affirmative. 

The  House  took  up  and  proceeded  to  consider 
the  amendment  proposed  by  the  Senate  to  the 
bill,  entitled  *^An  act  for  the  relief  of  Daniel  Bur- 
**r  6  9*^®^  Clark,  and  the  legal  representatires 
of  Hubert  Rowell;"  and  the  amendment  proposed 
by  the  Committee  on  Prirate  Laud  Claims  to 
the  said  amendment  beiuff  read,  Mr.  Poirdezter, 
Ihe  actmg  chairman  of  the  said  committee  with- 
drew the  said  amendment;  and  the  ameodroent 
proposed  by  the  Senate  to  the  said  bill  was  then 
concurred  m  by  the  House. 
.  Engrossed  bills  of  the  following  titles,  to  wit: 
An  act  CO  enable  the  people  of  the  Illinois  Ter- 
ritory to  form  a  constitution  and  State  govern- 
inent.  and  for  the  admission  of  such  State  into 
the  Union  on  an  equal  footing  with  the  original 
States ;  An  act  for  the  relief  of  John  Anderson; 
An  act  for  the  relief  of  John  Work;  and,  An  act 
respecting  the  organization  of  the  Army  and  for 
other  purposes,  were  severally  read  the  third 
Uoie,  and  passed. 

The  Spraur  laid  before  the  House  a  letter 
from  the  Secretary  of  the  Navy,  transmitting  the 
Pioceedinga  of  the  court  martial  held  for  the  trial 


of  Franklin  Wharton,  Lieutenant  Colonel  of  Ma* 
rines  ;  which  was  read,  and  ordered  to  lie  on  the 
Uble. 

On  motion  of  Mr.  Forsyth,  the  Committee  of 
Ways  and  Means  were  instructed  to  inquire  into 
the  expediency  of  iimitine  the  allowance  of  draw- 
back of  duties  upon  merchandise,  to  merchandise 
imported  into  the  United  States,  and  exported 
therefrom  in  American  vessels. 

The  bill  to  continue  in  force  the  act  relating 
to  settlers  on  the  public  lands:  the  bill  for  the 
relief  of  Benjamin  fiirdsall  and  Wm.  S.  Foster; 
and  the  bill  for  the  relief  of  Frederick  Brown, 
severally  passed  through  a  Committee  of  the 
whole  Bouse,  and  were  ordered  to  be  engrossed 
for  a  third  reading. 

NAVAL  APPAIRS— COURTS  MARTIAL. 

The  House  proceeded  to  the  consideration  of 
the  following  report  made  by  the  naval  commit- 
tee on  the  first  instant. 

The  Committee  on  Naval  Afiain»  to  whom  weie  re- 
ferred a  resolation,  instracting  them  to  inquiry  whe- 
ther any,  and,  if  any,  what  alterations  are  necessary 
and  proper  to  be  made  in  the  several  laws  relating  to 
the  gOTemment  of  the  Navy ;  also,  the  proceedings  of 
certain  courts martiallately  held  in  the  Mediterranean, 
for  the  trials  of  Captain  Oliver  H.  Peny,  Captain  John 
Heath,  and  Captam  John  O.  Creighton ;  also  the  me- 
morial of  certain  midshipmen  belonging  to  the  Mediter- 
ranean squadron,  addressed  to  the  Presid^t  of  the  Uni- 
ted BUtes,  report : 

The  committee  have  examined  the  several  subjects 
reforred  to  them,  and  are  of  opinion,  that  the  general 
regulations  for  the  government  of  the  Navy  do  not  re- 
quire to  be  changed.  With  a  view  of  ascertaining 
whether  the  circumstances  which  lately  transpired  in 
the  Mediterranean,  have  grown  out  of  a  defect  in  the 
Uw,  or  the  administration  of  the  law,  the  committee, 
after  an  attentive  consideration  of  the  law,  and  of  the 
several  cases  determined  under  it,  think  the  defect  is 
not  in  the  law.  Their  attention  hss  been  particularly 
drawn  to  the  Sd,  14th  and  dOth  sections  of  the  act «  for 
the  better  government  of  the  Navy  of  the  United 
Sutes."  The  dd  section  of  the  said  act  is  in  the  fol- 
lowing  words :  '*Any  officer,  or  other  person  in  the 
Navy,  who  shall  be  guilty  of  oppression,  cruelty,  dec, 
shall,  if  an  officer,  be  cashiered,  or  suffi^r  such  other 

Punishment  as  a  court  martial  shall  adjudge,"  dtc 
'he  14th  section  of  the  said  act,  is  in  the  foUowing 
words :  **  No  officer  or  private  in  iht  Navy  shall  dis- 
obey the  lawful  orders  of  his  superior  officer,  or  strike 
him,  or  draw,  or  offi»r  to  draw,  or  raise  any  weapon 
agunst  him,  while  in  the  execution  of  the  duties  of  his 
office,  on  pain  of  death,  or  such  other  punishment  as 
a  court  martial  shall  inflict."  The  30th  section  of  said 
act  is  in  the  following  words :  '*  No  commanding  offi- 
cer shall,  of  his  own  authority,  discharge  a  commis- 
sioned or  warrant  officer,  nor  strike,  nor  punish  him 
otherwise  than  by  a  suspension  or  confinement,  6lc,, 
any  oommandinf  officer  ofiending  therein,  shaU  be 
punished  at  the  discretion  of  a  court  martiaL"  It  will 
be  observed,  that  the  punishment  denounced  against 
an  inferior  officer  for  striking,  dec,  his  superior,  may 
be  death  or  such  other  puni£ment  as  a  court  martial 
may  adjudge ;  whilst  for  a  similar  ofience  committed 
by  a  superior  officer  against  an  inforior,  the  punish- 
maat  is  such  as  the  diMretion  of  a  court  martial  may 
award.    In  these  two  articles,  such  an  inequality  of 


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less 


HI8T0B7  OF  CmQBMBB, 


im 


H»  otR. 


ihMie  BuUdkig^ 


AfmiL,  laid. 


ptaAAmmni,  it  tiipposad  ^nmngr  to  avkt,  «•  to  ciH 
fof  «  diange  of  tbo  law.  Thb  imprenion  did  doI  «»> 
capo  tho  attcBtion  of  tho  oommitteo ;  but,  on  matmo  ro- 
llection,  they  were  lod  to  doubt  the  piopriotj  of  the 
omnion — atriking,  drawing  weapona,  oc,  on  the  p«K 
of  inftriora  againat  auperion,  in  military  bodiea,  carriei 
ftlong  with  it  the  idea  of  inaubordination  and  matiny ; 
nndor  Buch  circumstancea  no  military  body  can  eziat, 
or  if  it  eziat  at  all,  it  mnat  be  to  pnrpoaea  worae  than 
uaeleaa.  It  is  believed,  that  at  all  timea,  and  in  all  na* 
tiona,  who  had  correct  ideaa  of  military  diadpUne,  the 
power  to  pnniah  matiny  with  death,  haa  been  veated  in 
their  military  trftunala ;  nor  do  they  think  it  oonld  be 
dispenaed  with  in  this  Goremment ;  for  they  believe 
the  principle  to  be  correct,  that  in  free  governmenta, 
tiM  rigor  of  military  diadpUne  ia  aa  neceasary,  perhapa 
more  90,  aa  under  govemmenta  of  a  diftrent  cbarae* 
tar;  tnd  it  ia  a  cirenmatance  well  widaratood,  that  per- 
aona  going  into  military  service,  part  for' the  time  with 
a  portion  of  their  civil  rights.  The  committee  are  of 
opinion,  that  it  wonld  be  inexpedient  to  change  this 
part  of  the  naval  regulationa. 

Their  attention  was  next  drawn  to  the  oppoaite 
view  af  the  qneation.  Oppreaaion,  and  atriking  infe- 
liora  by  auperiora,  are  punishable ;  the  firat,  by  cash- 
iering, or  such  other  paiuahment  aa  a  court  martial 
ahaB  adjudge ;  the  aecond,  at  the  discretion  of  a  court 
martial.  Thia  part  of  the  au^ect  having  given  riae 
to  the  late  occurrencea  among  we  offieera  in  the  Medi- 
terranean, claimed  and  received  the  undivided  atten- 
tion of  the  committee.  They  examined  the  propriety 
of  llzing  aome  definite  puniahment  in  theae  caaes ; 
such  as  a  suspension  for  a  certain  length  of  time,  be- 
low which,  no  court  martial  ahould  be  at  liberty  to 
go,  in  a^udging  the  penalty  to  be  awarded  for  a  com- 
mission of  the  <^toce.  But,  on  mature  conaideration, 
difficulties,  which  the  committee  oanatdered  aa  great, 
if  not  inaupevable,  were  beHeved  to  attend  sudi  a 
provision.  Let  ua  auppoaa  that  audi  ia  the  fatw; 
when  the  case  comes  to  be  examined,  it  is  found  that 
a  number  of  circumatancea  exiat,  wbodi  reduce  the 
oflbnce  to  almost  nothing;  or  on  the  other  hand, 
dreumatanoea  are  diacovered  of  a  character  m  ag» 
mvated,  as  to  give  it  a  very  different  complexion. 
Let  ua  take,  by  way  of  illuatration,  the  two  casea  of 
Captain  Perry  and  Captain  Creighton,  both  now  un- 
der the  conaideration  of  the  committee :  in  the  former, 
the  committee  aee  circumatancea  of  a  character  which, 
in  their  opinion,  would  have  juatiiied  a  much  more 
rworoua  sentence  of  the  court  martial  towarda  that 
officer,  aa  high  and  deaerved  a  fovorite  of  hia  country 
aa  %e  waa,  and  it  is  widi  no  small  regret,  that  the 
committee  fed  it  their  dutv  to  expreas  the  opinion. 
On  the  other  hand,  for  a  charge  in  part  of  a  sfanSar 
character,  the  charge  of  striking  Ifidshipman  Maratan 
by  Captain  Creighton,  th^  aee  nothing  of  auffident 
fanportance  to  have  attracted  attention.  Thua  aitu- 
cted,  numbeileas  shadea  of  diffeimce  attending  almoat 
every  case  which  can  be  supposed  to  occur,  the  com- 
mittee believe  that  fixing  by  law  a  minimum  puniidi- 
ment,  if  it  were  of  auffident  magnitude  to  have  any 
effect,  would  be  imnroper.  The  committee  think  « 
reforence  to  our  dvil  trials  will  flluatrate  thia  part  of 
the  aubject  Thus  in  the  trial  by Jmy,  that  body  ex- 
•idae  an  entire  diacretion,  in  all  actions  of  aasault 
and  battery,  dbc,  and  graduate  the  penalty  to  the  of- 
fence, according  to  the  circumstances  of  eaeh  caae. 
It  ia  also  in  accordance  with  the  ndld  diaracter  of  the 
eriminal  codes  of  most  of  the  8tatea  compoaing  tfaie 
Union,  in  whidi  a  acale  of  punishment  is  graduated 


_  to  the  dagvaa  of  ofiance.  The  < 
know,  that  where  the  law'  can  Jbe  defined  with  nro- 
priety,  the  discretion  of  no  tribunal  whatever  ouc^  to 
be  aa  much  relied  on,^u  proper  legal  definitfona. 
They  have  atated  the  dlfficnltiea  which  prea^iied 
themadvea,  and  which  thejr  find  of  auch  a  character 
aa  to  induce  them  to  conaider  a  change  unadvisablo. 
The  committee  alao  state,  that  It  would  bo  with  mudi 
reluctance  ^ey  would  relinqulah  tbair  coHfideoea  ia 
courta  nartkl,  oompoaad  <^  officara  wkoaa  oondval 
had  ao  juatly  meritea  the  confidenoe  of  their  oonatry. 

The  committee  are  aware,  that  in  examining  Ihg 
conduct  of  the  otmU  martial  rafofved  to  Ibem^  the 
path  of  their  duty  lad  over  vary  ddiaale  grmm4* 
They  know,  that  no  law  which  they  could  raeommoad 
would  operate  otherwiaethan  proapectively ;  and  alao, 
that. they  have  no  power  to  reverae  or  unaattlo  tho  do- 
daiona ;  but  theae  nrooeedinga  having  been  refoiredto 
them*  aa  connected  with  the  subject  of  the  inquiry, 
that  inquiiy  having^  in  fact,  grown  out  of  thanit  they 
have  thought  it  right  to  express  the  opinion  they 
have  done.  Indeed,  the  body  to  which  the  committea 
bdong,  and  who  have  charged  them  with  tho  inquiry, 
constitute  the  grand  inqueatof  the  nation,  whoae  du^ 
it  is,  on  proper  occadona,  to  inquire  Into  the  codiduct 
of  the  higheat  ofikera  of  the  €Uyvemaent 

l^e  oommitteo  then,  taking  into  cenalteation  affi 
the  circumatancea  of  the  caaes  rofonad  to  tkam,  ti^Mt 
ing  that  the  offioera  of  tho  Navy,  to  whom  «re  oonff- 
ded  the  important  dtttiaa  intraatod  to  courta  martid* 
vrith  a  duo  regard  to  tho  lawa  of  their  oauntry,  ovaa 
to  be  held  aaorod  by  thoaa  inlruated  with  their  eoMoii* 
tion,  and  conatituting  the  only  critorion  between  fira» 
and  despotic  Governmenta,  will  exert  thamsdvea  to 
hod  the  wounds,  with  which  tho  dtsdpline  of  the 
Navjr  has  been  at  least  threatened ;  a  oMpline,  ao 
admiraMo  in  itBelf,and  whidi  waa  not  known  to  aodat 
till  ita  efi^ta  were  witneaaed  by  tie  worid,aad  1rhidl» 
OBoeloal^tho  Kavyitaalf  wo«ld  bo  a  QMlMib«lam 
on  tho  oommnnity.  The  coMmittoai*  tmattag  ikmm 
highly  impottaaU  oonaMosationa  wiU  havo  their  diM 
and  proper  weight,  condude,  by  recommendinf  to  Iba 
House  ttio  adoption  of  the  following  readntion  : 

Resolved^  That  the  committee  bo  diachaiged  froai 
the  frirther  condderation  of  tho  severd  subjects  rafor^ 
red  to  them. 

After  tiie  foregoing  report  wis  natd,  on  Wed- 
nesday  last,  Mr.  John  son  of  Virginia,  moved  to 
recommit  it  to  the  Committee  on  Naral  Affiuis. 
with  inatructions  "  so  to  amend  the  act.  entitled 
'An  act  for  the  better  government  of  tne  Nary 
of  the  United  States,'  (approyed  April.  ISOOji 
as  to  subject  the  superior  officer,  who  shall  strike 
or  draw,  or  offer  to  draw,  or  raise  any  weapon 
against  his  inferior  officer,  to  a  forfeiture  of  his 
commission,  and  dismission  from  the  service." 

This  motion  coming  up  now  for  decision,  Mr* 
J0BM8ON  spoke  with  much  earnestness,  and  at 
some  length  in  support  of  it;  when,  the  question 
being  token  thereon.  It  was  decided  in  the  nega- 
tive; and  the  resolution  recommended  by  the 
Committee  was  then  agreed  to,  and  the  .Com- 
mittee discharged  from  the  further  consideration 
of  the  subject  accordingly. 

PUBLIC  BUILDINGa 
The  Hovse  then  went  info  Cenmittee  on  the 
bill  to  provide  for  ereeting  additional  boildkigs 
for  the  acoenmodaiion  of  the  Bzeevtive  fi^ 


Digitized  by 


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im 


HBSrOBT  OF  €CN^&RBSa 


use 


AniL,  18i8. 


PmbKe  Buildkti^. 


ILqwR. 


Btt,  mud  Xk9  bill  onking  tpprepratiDBt 
ibr  the  pabiie  boiidiiigs,  and  for  faniishiBif  tht 
Capitol  and  President's  Hoate. 

Moch  time  was  oeeopied  in  matiring  the  de- 
taib  of  these  bills,  and  in  diteusstaff  Um  Tarieus 
SOBS  with  which  it  was  proposed  to  fill  the 
btoaks.  Aacionfir  the  motions  to  anend  the  Mil, 
wl»  one  to  hare  the  additional  public  offiees 
ei«eted  near  the  Capitol,  which  was  negatired 
without  a  division. 

i^Ut  having  gone  through  these  bills,  they 
wve  reported  to  the  Honse,  and  varions  other 
amendnients  were  proposed,  and  rarionsly  deci- 
dedy  after  a  good  deal  of  debate;  on  some  of 
wfaieh  the  yeas  and  nays  were  called  Ibr,  and 
were  twiee  taken,  and  onee  or  twice  refused. 

On  the  question  to  cenetir  with  the  Committee 
of  the  Whole  in  their  amendment  to  fill  the 
bisok  in  the  bill  attached  to  the  following  item : 
"For  fomishing  the  Represenutire  Chamber 
and  Committee  Kooros,''  with  the  sum  of  thirty 
thoQsand  dollars,  the  vote  stood  thos— yeas  74, 
mys  6S,  as  follows : 

Tbas — Messrs.  Allen  of  Massachnsetts,  Allen  of 
YenDOttty  Baldwin,  Barber  of  Ohio,  Bassett,  Bsyley, 
Btoemleld,  Chigett,  Cobb,  Colston,  Comsta^  Cnfts, 
Cia^afod,  Cmger,  Dtrliogton,  Edwards,  £rvtn  of  8onlh 
Candina»  Folger,  Forney,  Fomyth,  Herbert,  Herki- 
aper,  H^mes  of  Massachasetts,  Hofanes  of  Coaneetieitt, 
HepkinaoB,  Hnbbaid,  Hnntinglon,  Irving  of  New 
Teik,  Johnwm  of  Yiiginia,  Kinsey,  KirtUnd,  Little, 
Lowndes,  W.  P.  Maday,  Middleton,  MtUsr,  Moseby, 
MamAttif  Jeremith  NoUon,  Qgdeo,  Owen,  Parrott, 
Pawling,  Peter,  Pindall,  Pitkin,  Pleasants,  Poindaz- 
tor,  iOm,  Biee>  Rich*  Kichards,  Ringgold,  Robertson 
of  Iionisisns,  Roggles,  Sawyer,  Sehnyler,  Seneant, 
Settle^  Seybert,  Wsbee,  Simkins,  Slocnmb,  Speed, 
Stewart  of  North  Csrolma,  Tavlor,  TerrUI,  Terry, 
Tompkins,  Tyler,  Wendover,  Westerlo^  Whitman, 
and  Wilson  of  PennsylTsnia. 

Nats — Mesnrs.  Adams,  Austin,  Ball,  Barbour  of 
Vbginia,  Bennett,  Blount,  Boden,  Boss,  Butl«r,  Ctmp- 
bdl,  Cidbrelh,  Desha,  Brake,  Earie,  Eltioott,  Floyd, 
Qamett,  Hale,  HaU  of  Delaware,  Hall  of  North  Caro- 
fiBa,Haabron^  Hendricks,  Herri^,  Hatster,  Hitch* 
eaek,  Hogg,  Hunter,  Johnson  of  Kentucky,  Lawyer, 
Idnn,  Livennore,  W.  Maday,  IfcCoy,  Marehand, 
Martill,  Moore,  Morton,  Murray,  H.  Nebon,  T.  M. 
Nsiiim,  Ogle,  Pahner,  Pattaraon,  Porter,  Qnailaa, 
Bttgntf  Sampacm,  Savage,  Sendder,  Shaw,  Sherwood, 
&  Smith,  BaL  Smith,  J.  6.  Smith,  Spaocer,  Strong, 
TaBmadge^  Tarr,  Tucker  of  Sooth  Oatrelina,  Walker 
of  North  Caiolina,  WaflUr  of  KeMtacfcy,  WaBaee, 
Whitaaida,  WiUiama  of  Connecticut,  WiUiamaof  New 
Yatfc,  WiUiamaof  North  Carolina,  Wilkui,and  Wi^ 
aonof  Maaaachnaatta. 

The  qnestioA  was  then  staled  to  concur  with 
the  Committee  of  the  Whok,  in  tbek  amend* 
meat  to  fill  the  blank  in  the  said  bill  attached  to 
the  following  item,  to  wit :  ^  For  famishing  the 
President^  House,"  with  the  sum  of  forty  thoo- 
tand  eight  hundred  and  seventy-nine  dollars. 
And  being  taken,  it  was  determined  in  the  nega- 
tiv^^yeas  62,  nays  90,  as  follows : 

Ta^a-^aaara.  Allan  of  Y  atmant,  Baldwin,  Barber 
if  CUD,  Baaaatt,  Bayley,  BloomflaM,  Calaton,  Cnk 
iw»Iha^  Ervin  of  South  Carolina,  Folgar,  Fewytfa, 


Harbed^  Hopkinaaot  Irving  of  New  York,  Kina^, 
Kirtland,  Little,  Livermore,  MerrUl,  Middletoo,  Md- 
ler,  Moaeley,  Mnmford,  Ogden,  Palmar,  Parrott,  Peter, 
Pindall,  Pkaaanti^  Pomdexter,  Rhea,  Rich,  Richards, 
Ringgold,  Ruggles,  Sawyer,  Schuyler,  Sergeant,  Set- 
tle, Seybert,  Simkins,  S.  Smith,  Tallmadge,  Taylor, 
Terrill,  Tenry,  Wendover,  Weaterlo,  Whitman,  Wil- 
kin, and  Wilson  of  Massachuaetts. 

Nats — Meaars.  Adams,  Allen  of  Massachusetts, 
Austtn,Ban,  Barbour  of  Yirginia,  Bateman,  Bennett, 
Blount,  Boden,  Boss,  Butler,  Cam]^l,  Clagett,  Cobb, 
-Comstock,  Crafta,  Crawford,  Caftireth,  Darlington, 
Desha,  Earie,  Edwarda,  ElHoott,  Floyd,  Forney,  Gage, 
Oamett,Hale,  Hall  of  Delaware,  Hall  of  North  Caro- 
fina,  Haabrouck,  Hendricks,  Heridmer,  Henick,  Keiih 
ter,  Hiteheoek,  Hogg,  Holmes  of  Mass.,  Holmes  of 
Oenneeticnt,  Hubbard,  Hunter,  Hunttngton,  Johaaon 
of  Virginia,  Lawyer,  Linn,  liowndea,  W.  Maday^ 
W.  P.  Maday,  McCoy,  Marchand,  Moore,  MeHon, 
Murray,  Jeremiah  Nelson,  H.  Nelion,  T.  M.  Nalaon, 
Ogle,  Owen,  Patteraon,  Pawling,  Pitkin,  Porter,  Rice, 
Robertaon  of  Louiaiana,  Rogers,  Sampaon,  Savage, 
Scudder,  Shaw,  Sherwood,  Silri)ee,  Slocumb,  Bal. 
Smith,  J.  S.  Smith,  Speed,  Spencer,  Stewart  of  North 
Carolina,  Strong,  Tarr,  TompUna,  Tucker  of  Sonlh 
Carolina,  Tyler,  Walker  of  North  Caroltna,  Walker 
of  Kentnd^,  Wallace,  Whiteaide,  Wilfiama  of  Cen- 
nectkat,  Williams  of  New  Yorii,  Wilttams  of  North 
Carolina,  and  Wilson  of  Pennsylvania. 

The  said  blank  was  then  filled  with  $90,000. 

The  question  was  then  stated  to  concur  with 
the  Committee  of  the  Whole  in  their  amend- 
ment to  fill  the  blank  in  the  said  bill,  attiiched  to 
the  following  item,  to  wit :  "  For  offices  to  the 
President's  House,"  with  the  sum  of  nine  thon- 
sand  eight  hundred  and  sixty-seven  dollars ;  and 
decidea  in  the  negative. 

Mr.  Tatlor  then  moved  to  fill  the  blank  with 
$9,000:  which  was  rejected. 

Mr.  6a88ETT  moved  nine  tboasand  four  bun- 
dred ;  which  was  rejected. 

Mr.  H0LMB8  of  Massachusetts,  moved  eight 
thousand.— 'Rejected. 

Mr.  BA88ETT  moved  to  strike  out  this  item 
altogether. — ^Rejected. 

On  motion  of  Mr.  Oolstoii,  the  blank  was 
then  filled  with  $7,000. 

Mr.  Hitchcock  moved  to  amend  the  bill  by 
striking  out  this  item :  ^  For  procuring  maten- 
als,  laying  the  foundation,  and  other  preparations 
for  the  centre  building  of  the  Capitol,  $100,000.'* 
Negatived— ayes  44. 

A  motion  was  made  by  Mr.  W.  P.  Maolat,  to 
amend  the  bill  by  inserting  after  the  appropria- 
tion  for  finishing  the  Representative  Chamber, 
the  words  "or  so  much  of  the  said  sum  as  he 
(the  Speaker)  may  deem  necessary;"  which 
motion  was  negatived. 

And  the  bill  was  then  ordered  to  be  engrossed 
for  a  third  reading.  As  ordered  to  be  engrossed, 
the  bill  embraces  the  Mowing  appropriations: 

For  the  completion  of  the  wings  rf  the  Capi- 
tol, in  addition  to  the  snm  of  $SOO,000  akeady 
appropriated,  the  farther  sum  of  $80,000. 

For  procuring  matariala,  laying  the  founda* 
tion,  and  other  preparationa  for  the  centre  build- 
ing of  the  Capitol,  $UX^OOO. 


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1687 


HISTORY  OF  CONGRESS. 


1688 


H.  OP  R. 


Siiaff  ffiht  Army. 


Afkil,  1819. 


For  fininhfD^  the  President's  House,  $15^14. 
For  oflSces  to  the  President's  Hoasej  87^000. 
For  the  wail  north  of  the  President's  House, 
with  gates  and  railing  the  width  of  the  hoase, 

$a5ia 

For  contingencies,  $437. 

For  graduating  and  improving  the  President's 
square,  $10,000. 

For  erecting  a  temporary  building  for  commit- 
tee  rooms  near  the  Capitol,  $3,634. 

For  furnishing  the  Representative  Chamber 
and  Committee  Rooms,  $30,000. 

For  furnishing  the  Senate  Chamber  and  Com- 
mittee  Rooms,  $20,000. 

For  furnishinff  the  President's  House,  $30,000. 

And.  before  taking  up  the  other  bill,  reported 
from  the  Committee  of  the  Whole,  respecting 
the  building  additional  public  offices,  the  House 
adjourned. 

TuESDAT,  April  7. 

Mr.  Seybert,  from  the  Committee  of  Com- 
merce and  Manufactures,  made  reports  unfavor- 
able to  the  petitions  of  sundry  cork  cutters  of  New 
York  and  Philadelphia,  and  manufacturers  of 
paper  hangings,  which  were  read  and  concurred 
in. 

Mr.  SxBQBAMT,  from  the  Committee  of  Wavs 
and  Means,  reported  a  bill  for  the  relief  of  the 
widow  and  children  of  Jacob  Qraeff,  which  was 
twice  read  and  committed. 

The  bills  from  the  Senate,  for  the  relief  of 
Ashael  Clark,  and  for  the  relief  of  Samuel  H. 
Osgood ;  and  the  engrossed  bills  for  the  relief  of 
Seth  Sprague ;  to  continue  in  force  the  act  rela- 
ting to  the  settlers  on  lands  of  the  United  States ; 
for  the  relief  of  Benjamin  Birdsall  and  W.  S. 
Foster ;  and  the  bill  tor  the  relief  of  Frederick 
Brown,  were  severally  read  the  third  time,  and 
passed. 

The  House  then  resolved  itself  intoa  Commit- 
ue  of  the  Whole,  on  the  bill  for  the  relief  of 
Miller  and  Baker,  and  the  bill  for  the  relief  of  the 
sufierers  on  the  Niagara  frontier  during  the  late 
war. 

The  bill  first  named  having  been  gone  through, 
and  the  second  taken  up,  a  motion  was  made,  by 
Mr«  Slooumb,  to  strike  out  the  first  section,  in 
e&et  to  detlxoy  the  bill. 

This  motion  Mr.  Spencbe  spoke  more  than 
ao  hour  in  opposition  to,  and  in  support  of  the 
claims  of  the  sufferers,  in  ouestion;  when  the 
Committee  rose  and  obtained  leave  to  sit  again 
on  this  bill,  that  for  the  relief  of  Miller  and  Baker 
being  ordered  to  a  third  reading. 

The  bill  to  increase  the  compensation  of  cer- 
tain judges  of  the  United  States,  was  received 
from  the  Senate,  twice  read  and  referred. 
STAFF  OF  THE  ARMY. 

The  House  then  proceeded  to  the  consideration 
of  the  bill  to  reduce  the  staff  of  the  Army,  and  to 
substitute  a  commissariat  instead  of  the  present 
mode  of  subsisting  the  Army  by  contract. 

Mr.  Colston  moved  to  strike  out  the  clause 
authorizing  one  "  principal  judge  advocate,"  so 


as  to  auckorize  one  judge  advocate  only,  instead 
of  one  principal  and  one  assistant  advocate; 
which  motion  was  agreed  to. 

Mr.  Dbsba  made  an  unsuccessful  motion  to 
strike  out  all  the  sections  of  the  bill  which  fvo* 
vide  for  subsisting  the  Army  by^  a  commissariat. 

Mr.  Desha  said  he  was  in  favor  of  redueiof 
thesuffof  the  Army;  for  certainly  we  havelte 
largest  and  most  expensive  staff  in  the  world, 
according  to  the  number  of  men.  The  Peace 
Bsublishment,  when  complete,  is  ten  thousand 
men,  and  we  have  a  staff  sufficient  for  one  hun- 
dred thousand.  The  first  sections  of  the  bill  d« 
reduce  the  stafij  and  will  be  a  saving  in  point  of 
expense.  These  I  am  in  favor  of;  but  when  the 
whole  bill  is  taken  in  connexion,  it  increases  the 
staff  of  the  Arm^  coivuderablj.  Let  us  examine 
it.  The  Army  is  now  supplied  with  provisions 
by  contractors.  The  last  five  sections  of  the  bill 
contemplate  abolishing  the  contract  sjrstem^d 
supplying^  the  Armvbya  commissariat.  This 
is  making  a  radical  change  in  victualling  thte 
Army.  Would  it  not  be  well  to  examine  whe> 
ther  this  chan(|;e  will  be  an  advantageous  one  as 
respects  supplying  the  Army,  as  also  the  expense? 
Agreeably  to  the  contemplated  system,  there  is 
to  be  a  commissarv  general,  With  the  rank,  pay, 
and  emolamenu  or  a  colonel  of  ordnance.  The 
President  has  the  power  of  appointing  as  many 
assistant  commissaries  as  he  may  think  the  ser- 
vice will  require,  who  are  to  be  taken  from  the 
subalterns  of  the  Army,  and  are  to  receive  twenty 
dollars jper  month,  in  addition  to  their  pay  in  the 
line.  How  many  assistant  commissaries  will  be 
required  ?  Agreeable  to  the  report  of  the  Secre- 
tary of  War  laid  on  your  table,  there  are,  in  the 
Northern  division,  forty  posts ;  and  in  the  South- 
ern division  thirty-five,  making  seventy-five  pok»ts. 
At  each  of  the  posts,  there  must  be  one  assistant 
commissary  for  is!>uing,  and  perhaps  at  one-half 
of  the  posts  an  assistant  commissary  for  pur- 
chisinj;;  one  hundred  and  twelve  assistant  com- 
missaries. Does  this  look  like  rednciOg  the  suff 
of  the  Army  ?  These  assistant  commissaries  are 
to  be  taken  from  the  subalterns  of  the  line,  who 
are,  no  doubt,  honorable  youn^  men ;  but  will 
they  lay  their  hands  to,  in  issuing  out  the  meat, 
flour,  and  the  other  component  paru  of  ratioasT 
No;  they  must  have  some  person  to  do  it  for 
them.  Have  they  any  idea  of  economy  1  I  sus- 
pect not.  Economy  does  not  belong  to  young, 
highminded  military  men.  It  is  the  last  thing 
a  military  man  learns;  and  do  not  gentlemen 
know  that  there  is  frequently  a  material  differ^ 
ence  between  a  man  doing  business  for  himself, 
where  he  is  immediately  interested,  and  doing 
business  for  the  public,  as  respects  care,  industry, 
and  economy  ?  When  hoops  fly  off  a  barrel  or 
flour,  or  brine  becomes  bad  in  barrels  of  pork, 
will  they  use  the  same  exertions  to  save  the  prop- 
eity  for  the  public,  as  if  it  was  their  own  7  I 
suspect  not.  And  are  young  officers,  who,  per- 
haps, never  thought  of  economy,  suitable  persona 
to  make  purehases  of  large  quantities  of  proYis- 
ions  ?  Agreeably  to  the  provisions  in  the  bill, 
the  contemplated  measure  is  only  intended  as  -mm 


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FubUc  Bmktings. 


H.<irB. 


tzperimtnt,  as  it  is  odIj  to  oontinoe  in  operation 
fire  years,  unless  re^naeted ;  and  as  it  is  not  to 
go  into  operation  until  next  Jane  twelTemonth, 
preTioos  to  which  time  another  session  will  take 
l^ace,  I  move  that  all  the  part  that  relates  to  a 
oommissariat  be  struck  out  of  the  bill,  which  is 
the  sixth,  serenth,  eighth,  ninth,  and  tenth  sec* 
tions.    All  things  considered,  I  have  no  hesita- 
tion in  belicTing  that  where,  under  the  contract 
system,  a  ration  costs  the  QoTernment  twenty 
eents,  under  this  system,  if  adopted,  it  would  cost 
forty  cents,  thereby  doubling  the  expense  of  sup- 
plying the  Army.    I  know  that  erils  hare  oc- 
curred under  the  contract  system,  that  of  failing 
to  furnish  the  necessary  supplies  in  some  in- 
stances, and.  in  some  instances,  furnishing  bad 
proTisions  ;  but  this  might  be  remedied  by  a  small 
amendment,  by  giring  the  contractors  rank,  and 
aubjeetiny  them  to  martial  law.    The  gentleman 
from  Ohio  (Mr.  Habrison)  tells  you  that  all 
eommanders  disapprore  the  contract  system,  and 
the  gentleman  from  Virginia,  in  support  of  this 
measure,  has  slipped  out  the  reason.    He  tells 
you  ihej  are  not  subject  to  martial  law.    Yes^ 
sir,  this  is  the  true  reason.    Holdine  a  high  mili- 
tary command,  is  oakuiated  to  make  a  man  feel 
despotic.    Thev  cannot  bear  mei|  around  them 
who  are  not  subject,  in  eTerythinff,  to  their  will, 
UBd  liable  to  martial  law.  Then  give  them  rank, 
and  make  them  liable  to  martial  law.    This  will 
satisfy  this  despotic  feeling,  and  remedy  the  eviU 
complained  of,  which  would  certainly  be  better 
than  to  make  a  radical  chauffc,  by  adopting  a 
measure  that  will,  in  all  probability,  cost  the  Got- 
€rnment  double  as  much  money  as  the  one  in 
operation.    The  ffentleman  from  Ohio  brings  in 
toa  littlt  Seminole  war,  lo  aid  in  shoring  this 
bill  through  the  House,  and  predicts  evils  in  that 
quarter,  if  the  mode  of  supplying  the  Army  is 
not  changed.    Mr,  Speaker,  if  the  gentleman  had 
examined  the  provisions  I  propose  to  strike  out, 
he  would  see  that  the  contemplated  system  is  not 
to  go  into  operation  till  June,  1818;  and  does 
the  gentleman  calculate  on  that  little  Indian  war 
aontittuing  till  that  time?    I  have  confidence 
e&ongh  in  the  General  who  has  charge  of  that 
war,  to  believe  that  it  will  be  crushed  in  half  the 
time.    But.  agreeably  to  the  gentleman's  own 
showing,  this  bill  is  unnecessary ;  he  teUs  you 
that  the  Northwestern  Armf  was  furnished  a 
great  part  of  the  time  of  the  last  war  by  a  com- 
missary.   Then,  sir,  a  commanding  general  has 
the  power,  in  cases  of  necessity,  to  appoint  a 
commissary,  or  any  person,  to  furnish  supplies. 
Muoii  depends  on  the  mind,  capaeity,  and  vigi- 
laaee  of  the  commander ;  lie  directs  the  contrac- 
tor to  furnish  a  certain  number  of  rations,  at  a 
given  point,  against  a  partioular  day ;  he  will  in- 
9«ire  mto  the  coatracior's  means  of  complying, 
aad  if  he  finds  they  are  not  certain,  lie  has  the 
p*wer  of  directing  any  other  person  to  do  it.    if 
the  power  is  given  to  the  commanding  general 
to  do  this  in  time  of  war,  there  is  eertaialy  no 
necessity  for  changing  the  system ;  for  every  man 
must  see  that,  by  changiiig  the  system,  as  coa-  I 
Unplated  in  the  sections  proposed  to  be  str«ek  I 


out,  you  will  double  the  expense  in  time  of  peace. 
I  beg  gentlemen  to  pause,  and  not  hastily  adopt 
a  measure  that  must  be  extremely  expensive  to 
the  Government,  and  particularly  when  there  is 
no  necessity  for  adorning  it  at  this  time,  as  a  ses-. 
sion  of  Coiigress  will  intervene  before  the  meas- 
ure, if  adopted,  is  to  go  into  operation.  We 
ought  not  entirely  to  lose  sight  of  economy,  as  it 
is  one  of  the  principal  pillars  on  which  this  Re- 
publican fabric  stands. 

On  motion  of  Mr.  Forsyth  the  sixth  section 
of  the  bill  was  amended  so  as  to  make  the  change 
in  the  mode  of  subsisting  the  Army  to  take  place 
as  soon  as  the  state  of  the  existing  contracts  shall 
in  the  opinion  of  the  President  permit,  instead 
of  the  first  of  June,  1819,  as  the  bill  contemplated. 

After  some  attempts  further  to  amend  the  bill, 
it  was  ordered  to  be  read  a  third  time  as  amended. 

PUBLIC  BUILDINGS. 

An  engrossed  bill,  entitled  "An  act  making  ap- 
propriations for  the  public  buildinffs,  and  for  fur- 
nishing the  Capitol  and  President's  House,''  was 
read  the  third  time;  and  the  question  being  stated. 
Shall  it  pass? 

Mr.  HsBRiOK  moved,  that  the  said  bill  be  re- 
committed to  the  committee  who  reported  it,  with 
instructions  to  amend  the  same  by  striking  out 
this  item,  to  wit : 

<*For  procuring  materials,  laying  the  foundation,  sad 
other  preptrations  for  the  centre  building  of  the  Csp- 
itoly  one  hundred  thousand  dollars." 

And  the  question  being  taken  thereon,  it  was 
determined  in  the  negative — yeas  53,  nays  85,  as 
follows : 

Ybas — Messrs.  Austin,  Barbour  of  Virginia,  Ben- 
nett, Boden,  Boss,  Campbell,  Claiborne,  Besha,  Earle, 
Edwards,  EUicott,  Garnett,  Hall  of  North  Csrolina, 
Harrison,  Hasbrouck,  Hendricks,  Herrick,  Heister, 
Hitdicodc,  Hogg,  Holmes  of  Connecticut,  Johnson  of 
Virginia,  Johnson  of  Kentucky,  Linn,  Livermore,  W. 
Maday,  W.  P.  Maday,  McCoy,  Marchand,  Mason  of 
Rhode  Island,  Mooie,  Murray,  H.  Nelson,  Ogle,  Pat- 
terson, Pawling,  Porter,  Rhea,  Savage,  Scudder,  BaL 
Smith,  Spencer,  Tarr,  Townscnd,  Trimble,  Tucker  of 
South  Carolina,  Walker  of  North  Oaiolhial  Walker 
of  Kentucky,  WaUace,  Whiteside,  WiUhuns  of  New 
York,  WlUiams  of  North  Carolhia,  and  Wibon  of 
Pennsylvania. 

Nats— Messrs.  Abbott,  Adams,  AUm  of  Massa- 
chusetts, Alien  of  Vermont,  Baldwin,  Baasett,  Bajley, 
Bloomfieid,  Butler,  Clagett,  Cobb,  Colston,  Crafty 
Crawfor4»  Cmger,  Cnlbreth,  Darlington,  Dtaka,  Erw 
of  South  Car^^ina,  Floyd,  Folger,  Forney,  Forsyth, 
Gage,  Hale,  Hall  of  Delaware,  Herbert,  Herkimer, 
Holmes  of  MasaachusetU,  Hubbard,  Huntingtoh, 
Irving  of  New  York,  Kinsey,  Kirtland,  Lawyer, 
Lowndes,  Mason  of  MaasachusetU,  Mercer,  MenrilU 
Miller,  Morton,  Mumford,  Jeremiah  Nelson,  Ogden, 
Owen,Pahner,  Parrott,  Peter,  Pindall,  Pitkin,  PJeas- 
anU,  Poindexter,  Reed,  Rice,  Rich,  Ringgold,  Robert- 
son of  Louisiana,  Ruggles,  Sampson,  Sawyer,  Schuyler, 
Settle,  Seybert,  Shaw,  Sherwood,  Silsbee,  Simpkins, 
Slocumb,  8.  Smith,  Alexander  Smyth,  Speed,  Stewwt 
of  North  CaroUna.  Strong,  Stuart  of  Maiylaiid,  Tall- 
madge,  Taylor,  TerriM,  Terry,  Tompkins,  Upham, 
Wendover,  Westerio,  Whitman,  WilBams  of  Con- 
necticut, and  Wilkin. 


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Ajpbil,  )U9» 


The  qaestkm  wts  then  taken  on  the  pneetge  of 
the  bill,  and  determined  in  the  affirmatiTe. 

The  amendment  reported  yesterday  by  the 
Committee  of  the  Whole  to  the  bill  to  provide 
for  ereeting  additional  building  for  the  accom- 
modation of  the  Bereral  ExecatiTe  Departments, 
was  read  and  concurred  in  by  the  House,  and  the 
bill  was  ordered  to  be  engrossed  and  read  a  third 
time  to-morrow. 

The  Senate  haying  disagreed  to  the  amend- 
ments of  this  House,  to  the  bill  directing  the 
manner  of  appointinff  Indian  agents,  dtc.,  a  com- 
mittee was  appointed  on  the  part  of  the  House  to 
confer  with  the  committee  appointed  by  the  Sen- 
ate on  the  disagreeing  votes ;  and  the  House  ad- 
journed. 


Wbdnesoay,  April  8. 

A  message  from  the  Senate  informed  the 
House  that  the  Senate  have  passed  bills  of  this 
Honee  of  the  following  titles,  to  wit :  An  act  for 
the  relief  of  Gkneral  Moses  Porter;  and  An  hex 
to  authorize  the  payment  of  certain  certificates, 
with  amendments. 

They  have  also  passed  bills  of  the  following 
titles,  to  wit :  An  act  for  the  relief  of  Aquitla 
Giles:  An  act  authorizing  the  disposal  of  certain 
lots  of  public  ffround  in  the  city  of  New  Orleans, 
and  town  of  Mobile^  An  act  to  repeal  part  or 
the  act,  entitled  ''An  act  to  provide  for  surveying 
the  coasts  of  the  United  Slates;  and  An  act 
confirming  Anthony  Cavalier  and  Peter  Petit 
in  their  claim  to  a  tract  of  land ;  in  which 
amendments  and  last  mentioned  bills  they  ask 
the  concurrence  of  this  House. 

The  House,  on  motion  of  Mr.  Barboub,  re- 
versed the  report  of  the  Committee  of  Pensions, 
made  on  the  9ih  February,  unfavorable  to  the 
petition  of  Mary  Sullivan;  and  the  re2>ort,  as 
amended,  was  recommitted  to  the  Committee  of 
Pensions  with  instructions  to  bring  in  a  bill  in 
eoaformity  thereto* 

The  Spbakbr  laid  before  the  House  a  letter 
«cMreesed  to  him  by  William  Blagrove,  a  olerk 
in  the  Navy  Office,  complaining  m  the  suppres- 
sion of  a  statement  which  he  had  made  to  the 
committee  of  investigation,  detailing  certain  op- 
preesive  conduct  of  Benjomin  Homaas,  chief 
eleik  of  the  Nary  Depat touiit,  towards  some  of 
the  olerki  of  that  Department,  i^ieh  statement 
was  reported  to  the  House  among  the  other  doou- 
ments  and  sent  to  the  printer,  among  the  others, 
but  which  dees  not  appear  in  the  printed  report; 
which  letter  was  read,  and  ordered  to  lie  on  the 
table. 

The  Speakeb  laid  before  the  House  a  report  of 
the  Secretary  of  State,  made  in  obedience  to  a 
resolution  of  the  19th  ultimo,  respecting  the  dis- 
tribution of  the  journals  and  aocuments  published 
under  a  joint  resolution  of  December  27, 1813. 

Mr.  Herbbbt,  from  the  Committee  on  the 
District  of  Cokimhia,  reported  a  bill  to  authorize 
th«  sale  of  a  part  of  the  Qlebe  of  Rock  Creek 
Church,  in  the  District  of  Columbia;  which  was 
twice^read,  and  committed. 


Mr.  Smith,  of  Maryland,  from  the  eommiilet 
te  whom  was  referred  a  resolution  of  theOenemi 
Assembly  of  the  State  of  Biaryland,  reported  % 
joint  resolution  directing  the  completion  of  iha 
survey  of  the  waters  of  Chesapeake  Bay,  and  te 
the  establishment  of  naval  arsenals;  whieh  waa 
twice  read,  and  ordered  for  a  third  reading, 

Mr.  H.  Nbubon,  from  the  Judiciary  Committee^ 
to  whom  was  referred  the  bill  from  the  Seuate 
to  increase  the  compensation  of  certain  Judges 
of  the  United  States,  reported  the  same  without 
amendment;  when— 

Mr.  Nelsom  moved  that  the  bill  be  indefinitely 
postponed. 

Mr.  Tatlob  moved  that  the  bill  be  laid  ou  the 
table;  which  motion  was  negatived;  and. 

The  question  being  uken  on  Mr.  Nblbqii'b 
motion,  it  was  decided  in  the  affirmative,  yaas 
68,  nairs  40,  and  the  bill  accordingly  poatpoaad 
indefinitely. 

The  bill  to  regulate  the  staff  of  the  Army,  was 
read  a  third  time,  and  passed,  as  ameaded  by  the 
House^  and  returned  to  the  Senate  for  coaotu^ 
rence  in  the  amaudaftents. 

The  engrossed  bill  to  provide  for  erecting  ad- 
ditional iHiildings  for  the  accommodation  of  tha 
Executive  Departments,  and  the  eagrossed  hill 
for  the  relief  of  Thomas  Millet  and  Stephau 
Baker,  were  severally  read  a  third  time,  aad 
passed. 

The  bill  from  the  Senate  to  make  valid  oertaiu 
acts  of  the  Justices  of  the  Peace  in  the  District 
of  Columbia,  was  taken  up,  and,  being  ameadad, 
was  ordered  to  be  read  a  third  time. 

NAVY  PENSION  FUND. 

Mr.  TALUffADOB  submitted  the  following  reeo- 
lution : 

Resolved,  That  the  Secretary  of  the  Navy  cause  to 
be  laid  before  this  House,  a  report  of  the  state  and 
ooadition  of  the  Navy  Pension  Fund— Uie  soureea 
from  whence  it  arises  its  amoont,  and  the  manaer 
in  which  it  is  collected  wedfriag  the  sums  received 
yearly  from  each  State,  frem  and  after  the  BOth  <if 


Jane,  181B-«end,  also,  all  the  hdsrmatioB  in  hiefo*- 
seasion  beneficial  to  tfa«  said  fund;  and^  in  pertiflulia^ 
that  he  state  the  suns  received  from  the  distoict  ceuils 
of  each  State,  the  particular  cases  from  which  tiMfr 
arise,  and  the  state  of  the  returns  made  from  eeeh 
court— the  names  of  the  persons,  if  any,  in  defrtak  in 
the  performance  of  their  duties  in  regard  to  the  said 
fimc^  or  in  making  legal  retoms  thereof;  and  any  pro- 
ceedings had  thereon  to  enforce  performance,  and  the 
nature  and  time  of  such  proceedings. 


Mr.  Tallbiadqb  said,  in  ofiering  this 
tion  to  the  consideration  of  the  Bfouae,  it 
duty  for  him  to  state,  that  the  present  law  lu- 
quired  the  Secretary  of  the  Navy  to  report  «i- 
nualljr  to  this  House  the  state  uf  the  Navy  pau- 
sion  fund.  This  had  been  done  so  far  as  a  re- 
port sutin|;  the  amount  of  the  fund,  and  the  bmni- 
ner  of  its  investment  in  stock,  and  the  namea  of 
the  pensioners,  which  was  giving  little  or  no  iu- 
formation.  Mr.  T.  said  he  had  this  session  noEude 
an  ineffectual  endeavor  to  obtain  «  penstou  far 
the  widow  and  infant  child  of  Captain  Law* 


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HKnOBSr  OF  eOWGRElBBS. 


16U 


A>tiL,  181d. 


Niagara  Cta^tM. 


H.orR. 


ntktti  Tk  ctnild  not,  becaus*  of  the  sttte  of  the 
Iffeyy  fond;  he  had  searched  into  that  fbnd;  he 
iras  happy  to  say  the  clerk  (Mr.  Homans)  bad 

E'ren  hun  erery  aid.  The  state  of  his  health 
id  prerented  him  from  completiog  the  search, 
and  commuoicatinf  to  this  House  the  result  at 
an  earlier  da]^.  He  was  now  compelled  to  say 
the  fund  was  in  a  bad  situation,  and  it  appeared 
to  be  most  shamefully  neglected,  if  not  abused. 
Mr.  T.  said  the  fund  arose  principally  from  the 
one  half-part  of  prize  causes;  that  the  money 
from  prizes  came  into  the  sereral  district  couru; 
that  the  officers  of  the  courts  had  kept  the  cap-  ^ 
tors  quiet  by  paying  over  to  them  their  one-half; 
while  the  charitable  fund  belonging  to  the  NaT7 
pensioners  had,  as  appeared  by  the  absence  of  all 
accounts,  been  a  fund  not  paid  over,  if  not  squan- 
dered^ and  he  feared  frequent  frauds  had  been 
practised.  He  said,  he  was  informed  at  the 
office  that  the  clerks  of  the  district  courts  of  the 
different  States  bad  neglected  to  make  the  re- 
tarns,  as  required  by  law.  They  had  paid  over 
money  in  some  instances,  as  if  tg  quiet  public 
inquiry.  That,  to  remedy  these  dedications,  a 
law  was  passed  in  April,  1816,  requiring  returns 
from  the  clerks,  and  making  it  the  doty  of  the 
ludges  to  do  what  they  were  before  bound  to  do 
to  attend  to  the  conduct  of  clerks  appointed  by 
themselfes ;  and  the  law  also  enjoined  the  dis- 
trict attorneys  to  prosecute  in  case  of  default  of 
the  clerks  to  make  returns  and  payments.  Mr. 
T.  said  he  was  informed  there  bad  not  been  a 
single  return  in  conformity  to  the  law,  and  but 
Tery  few  of  the  courts  had  made  any  piyments. 
Tbe  books  of  the  Nary  Department,  m  this  re- 
apeet,  were  all  in  disorder  aod  oonfoeioa,  and 
0&ve  me  no  satis&etory  ioforoMtion  of  the  state 
of  therf>ensioo  fund;  and  must  always  be  and 
eoatinoe  in  that  situation,  until  proper  returns 
and  accounts  were  enforced.  Mr.  T.  then  went 
into  an  examination  of  several  cases  where  there 
appeared  good  reason  to  believe  there  had  been 
great  defaults,  if  not  great  frauds.  Among  the 
eases  nM&tioned,  the  Susannah  was  eae;  it  ap^ 
fnred  this  vessel  was  a  priae  to  the  Constlio* 
taott ;  that  the  captors  had  received,  in  1815,  about 
thirty  thousand  dollars  for  their  one-half;  that 
jMi  information  was  given  to  the  Navy  fund  of 
the  prize;  and,  after  a  long  time,  the  clerk  of  the 
Navy  fund  heard  of  the  priae,  and  claimed  the 
praeeede.  and  after  varioos  delays  he  had  ob- 
uiaed  about  twenty-two  thousand  dollars.  The 
balance  was,  detained  under  the  name  of  a  neutral 
elatm ;  thus  (if  a  genuine  claim)  taking  it  wholly 
faan  the  pension  fund.  Mr.  T*  aaid  it  was  time 
tkia  House  gave  their  atte«tion  to  this  sublet. 
If  the  jadges  of  the  courts,  who  appoint  their 
clerks,  had  been  inattentive  to  the  performance 
of  their  duties,  they  required  the  attention  of  this 
House;. if  the  district  attorneys  bad  been  ioat* 
liativa  to  these  defiauUs,  and  had  not  prosecuted 
as  required  by  law.  they  required  the  censure  of 
the  Exeentive ;  if  the  Commissioaers  of  the  Pen- 
aiaa  Fund  had  been  inattentive,  and  had  allowed 
this  fund  to  be  the  subject  of  abusoi  and  the 
books  to  stand  open  and  in  confusion,  from  the 


want  0f  proper  returns,  without  apprizing'  dw 
Executive  of  these  abuses,  with  a  view  to  their 
correction,  then  most  certainly  they  were  in  (holt. 
Mr.  T.  said  that  the  evils  certainly  required  a 
remedy;  there  was  wrong  somewhere;  tbe  re- 
cords of  the  Navy  fund  confirmed  the  dissatisfac- 
tion ;  aod  he  hoped  tbe  House  would  be  wiiliag 
to  attend  to  the  subject,  and  pass  the  reeolution 
now  submitted. 
Tbe  r^olotioa  was  agreed  to. 

NIAGARA  CLAIMa 
The  House  then  resolved  itself  into  a  Commit- 
tee of  the  Whole,  on  the  bill  for  tbe  relief  of  the 
sufiererson  the  Niagara  frontier.  Mr.  Sloouxb's 
motion  to  strike  out  the  first  section  of  the  bill 
being  under  considerations- 
Mr.  Spbncbr  made  a  motion,  which  he  pre- 
sumed would  supersede  the  motion  to  strike  oat 
the  first  section,  to  wit :  to  strike  out  all  the  bill 
after  tbe  enacting  clause,  and  insert  the  fol« 
lowing: 

**  That  the  claims  arisising  under  Oie  nfaitk  section 
of  the  act,  entitled  *An  act  to  authorize  the  payment 
ibr  property  lost,  captured,  or  destroyed,  while  m  the 
militaiy  service  of  the  United  States,  and  for  other 
purposes/  passed  April  9, 1816,  shall  be  a^osted  and 
settled  by  the  TMrd  Auditor,  under  the  directions  of 
the  Secretary  of  War,  upon  the  principles  contained 
in  said  act,  and  the  amount  thereof,  when  sO  settled, 
shall  be  paid  out  of  any  money  in  the  Treasury,  not 
otherwise  appropriated ;  and  that  all  evidence  taken 
under  any  commissions  issued  by  Richard  B.  Lee, 
Esq.,  in  support  of  such  claims,  be  transmitted  to  the 
said  Third  Auditor,  for  his  information. 

"Sic.  2.  And  be  it  further  enacted,  That  the  said 
act  'to  authorize  the  payment  for  property  lost,  cap- 
tured, or  destroyed,  whUe  in  tbe  military  senrice  of 
the  United  States,  and  for  other  purposes,'  except  so 
much  thereof  as  authorizes  the  appointment  of  a  Com- 
missioner, be,  and  the  same  a  hereby  continued  in 
force  for  one  year  from  and  after  the  passing  of  this 
act ;  and  that  all  claims  arising  under  the  said  act, 
other  than  those  hereinbefore  provided  for,  whe&erthe 
same  have  or  have  not  been  reported  to  Congress,  shall 
be  adjusted  and  settled  by  the  said  Third  Auditor,  un- 
der the  direction  of  the  Secretary  of  War ;  and  the 
amount  thereof,  when  so  ascertained,  shall  be  paid 
out  of  any  money  in  the  Treasury  not  otherwise  ap- 
propriated." 

Tbe  Chaibman  de<^ided  this  moii9n  out  of  or- 
der |  aod  the  question  recurred  on  'striking  out 
the  fir^t  section* 

Mr.  Rich  opposed  the  motion,  not  that  he  bcf* 
Lie?ed  the  claims  came  fairly  uoder  the  act  of 
April,  1816;  but,  if  they  did,  he  was  for  indam* 
nifying  them. 

Mr.  WiLLiAMB,  of  North  Carolina,  spoke  at 
much  length  in  opposition  to  the  bill,  and  to  the 
propriety  of  paying  tbe  Niagara  claims. 

Mr.  U0M8T00K  aupported,  at  some  length,  the 
justice  of  these  claims,  and  the  propriety  of  pay* 
log  them. 

Mr.  Johnson,  of  Kentucky,  followed  Tfry  ear- 
nestly on  the  same  side. 

Mr.  Clay  also  adrocated  warmly  the  justice 
of  these  claims,  the  obligation  of  tbe  Govern- 


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leM 


H.orR. 


Pr9€eeding9. 


ApmiL,  1618. 


ment  to  indemaify  the  lofferers,  aod  the  policy 
of  so  doiog. 

Mr.  Habrison  spoke  oo  some  iDcideotal  poiotsi 
aod  in  fafor  of  the  claitnaots. 

Mr.  RoBBRTSON,  of  Louisiaoa.  replied  to  some 
of  Mr.  Williams's  remarks,  and  iq  support  of 
the  piopriety  of  iDdemDifyiog  the  sufferings  of 
exposed  citizens  oa  the  frontiers;  and  incident- 
alljr  oh  the  delay  which  had  taken  place  in  de- 
ciding on  similar  claims  from  Louisiana. 

Mr.  FoRSYTB  opposed  the  bill,  and  siioke  at 
some  length  against  the  expediency  of  paying  the 
claims;  when 

The  question  was  taken  on  striking  out  the 
first  section,  and  decided  in  the  negative-^ayes 
67  noes  66. 

Mr.  OoDEN  made  an  unsoecessfol  motion  to 
refer  the  adjudication  of  all  these  claims  to  the 
Third  Auditor  of  the  Treasury. 

Mr.  Rbed,  of  Maryland,  mored  to  add  the  fol- 
lowing as  a  new  section  to  the*bill. 

**  And  be  it  further  enacted^  That  the  Secretaij  of 
War,  upon  appUcatiDn  of  any  person  or  persons,  ot  the 
legal  representatiTe  or  representatiTes  of  any  person  or 
persons,  redding  or  who  md  reside  upon  the  Chesapeake 
bay,  or  the  waters  emptying  therein,  ha^g  property 
burned,  destroyed,  or  carried  away,  by  the  enemy  dur- 
ing the  late  war,  shall  appoint  two  proper  and  discreet 
persons,  resident  of  the  neighboriiood  where  such 
property  was  burned,  destroyed,  or  carried  away«  who, 
after  haTing  duly  sworn  before  some  person  hanng 
competent  authority  to  administer  an  oaikh,  sfaaQ  value 
and  assess  the  damage  sustained  by  luch  peraon  or 
persons,  by  reason  of  any  burning,  deetrcnring,  or  car- 
rying away,  of  any  property,  as  aforesaid,  which  Tal- 
oation  and  assessment,  made  as  aforeiaid,  shall  be 
certified  and  returned,  under  hand  and  seal,  by  the 
persons  making  the  same,  with  the  certificate  of  the 
persons  before  Whom  the  oath  was  administered,  there- 
to annexed,  to  the  Secretary  of  the  Treasury,  who  is 
hereby  directed  and  required  to  report  all  and  every 
such  case  to  Congress  within  ten  days  after  the  com- 
mencement of  the  next  session,  stating  distinctly  the 
cases  and  Uie  amount  of  each :  Provided,  That  any 
▼aluation  which  hath  heretofore  been  made  and  certified 
by  two  or  more  discreet  persons,  acting  under  the  obli- 
gations of  an  oath,  ehaU,  when  returned  to  the  Becre- 
tarr  of  War  conformably  to  the  prorisions  of  this  act, 
be  held  aa  valid  as  if  the  same  had  been  made  under 
the  prorislons  herein  contained,  anything  in  the  Isw 
to  the  contrary  notwithstanding." 

On  motion  of  Mr.  Colston,  the  amendment 
was  modified,  with  the  consent  of  Mr.  Rbbd,  by 
striking  out  its  limitation  to  the  citizens  on  the 
waters  of  the  Chesapeake,  and  to  make  it  appli- 
cable to  "<  all  citizens  of  the  United  States,  or 
the  Territories  thereof,  residing  therein.'' 

Mr.  Clay,  though  willing  to  indemnify  the 
sufferers  on  the  Chesapeake  as  well  as  the  others,  < 
if  brought  forward  separately,  opposed  this  sec- 
tion, inasmuch  as  it  would  endanger  the  claims 
which  have  now  been  inrestigated,  and  were  ready 
for  decision,  and  which  he  was  anxious  to  see  al- 
lowed, dc. 

Mr.'PoRSTTB  moved  to  strike  out  that  part  of 
the  amendment  which  refers  the  cases  to  the 
Secretary  of  the  Treasury,  down  to  the  proviso, 
and  insert  the  following : 


«  To  the  Secretaiy  of  War,  and  the  ssme,  if  a|>- 
proved,  shall  be  paid  for  when  so  returned  by  the  Sec- 
retary of  War,  at  the  rate  fixed  by  the  preceding  sec- 
tion of  this  act,  fifty  per  cent,  for  houses  destroyed, 
and  thirty  per  cent,  for  personal  property  burnt,  do* 
strayed,  or  carried  away,  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated.*^ 

This  motion  was  agreed  to — ayes  54  noes  53. 

Mr.  MsRCER  spoke  at  some  length  in  favor  of 
relieving  and  indemnifying  all  sufferers  alike^ 
and  against  the  propriety  of  extending  remone* 
ration  to  the  Niagara  sufferers,  to  the  exclusion 
of  those  who  had,  on  the  waters  of  Virginia  and 
elsewhere,  suffered  all  the  evils  and  horrors  of 
war  in  the  late  contest. . 

Mr.  Clay  replied  to  some  of  Mr.  Mercer's  ar- 
guments, and  again  advocated  the  indemnifica- 
tion of  the  Niagara  sufferers,  whose  claims  had 
been  audited  and  investigated  by  Commissioners 
appointed  for  that  purpose,  and  ajgainst  now  at* 
taching  any  other  cases,  however  just  they  might 
hereafter  prov.e  to  be,  and  to  which  he  was  friend- 
ly ;  as  such  a  course  would,  instead  of  relieving 
others,  only  defeat  the  present  bill,  which  course 
was  unfair,  4bc. 

After  a  great  deal  of  desultory  discussion,  the 
question  was  taken  on  Mr.  Reed's  amendment, 
and  agreed  to— ayes  65,  noes  55. 

The  Committee  rose,  and  reported  the  bill  to 
the  House  as  amended;  and  the  House  ad* 
journed. 


Thursday,  April  9. 

Mr.  Sbybrrt,  from  the  Committee  of  Com* 
merce  and  Blanufactores,  reported  a  bill  for  ereet- 
ing  a  light-house  upon  Gailoo  islaad,  near  the 
outlet  of  Lake  Ontario ;  for  placing  sundry  spin* 
dies  or  buoys,  and  for  other  purposes;  which  wts 
read  twice,  and  committed  to  a  Committee  df 
the  Whole. 

Mr.  Rhba^  from  the  Committee  on  PeMona 
and  Revolutionary  Claims,  reported  a  bill  for  the 
relief  of  Mary  Suliivao ;  which  was  read  twice, 
and  committed  to  the  Committee  of  the  Whole 
to  which  is  committed  the  bill  for  the  relief  of 
Benjamin  Berry. 

Bills  from  the  Senate  of  the  foUowiog  titk^ 
to  wit :  An  act  to  repeal  part  of  the  act,  entitled 
''An  act  to  provide  for  surveying  the  ooaata  of 
the  United  States;"  An  act  cciifirmijig  Anthony 
Cavalier  and  Peter  Petit  in  their  claim  to  a  met 
of  land;  An  aet  for  the  relief  of  Aquilla  GKiea; 
and  An  act  authorizing  the  disposal  of  certaia 
lou  of  public  ground  in  the  city  of  New  Orleaaa 
and  town  of  Mobile,  were  severally  read,  aBd 
the  first  thereof  ordered  to  be  read  a  third  time 
to-morrow ;  the  second  referred  to  the  Commit* 
tee  on  Private  Land  Claims;  the  third  commtf* 
ted  CO  a  Committee  of  the  Whole  to-morrow,  aad 
the  fourth  referred  lo  the  Committee  on  the  raW 
lie  Lands. 

The  amendment  proposed  by  the  Semte  to  the 
bill,  entitled  ''An  act  for  the  relief  of  Qenend 
Mmos  Porter,"  was  read,  and  concurred  iu  by  the 
House. 


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HIKTOBT  07  CONGBBSB. 


1688 


Amu,  1818. 


Surviving^  ReookKtumary  SMters — Niagara  C^ima* 


H.  or Jft« 


The  House  took  up  and  proeecckd  to  consider 
the  bill  to  increase  the  pay  of  the  militia,  while 
ixx  actual  serrice,  and  for  other  purposes;  and  the 
same  beins  amended,  was  ordered  to  be  en- 
grossed and  read  a  third  time  to-morrow. 

The  amendment  proposed  by  the  Senate  to  the 
bill,  entitled  ^^An  act  to  authorize  the  payment 
of  certain  certificates,"  was  read,  and  concurred 
in  by  the  House. 

The  bill  from  the  Senate,  entitled  ^'An  act  to 
make  Talid  certain  acts  of  the  justices  of  the 
peace  in  the  District  of  Columbia,"  was  read  the 
third  time,  and  passed  as  amended. 

An  engrossed  resolution,  directing  the  comple- 
tion of  the  sarrey  of  the  waters  of  the  Chesa- 
peake Bay ;  for  establishing  naral  arsenals,  and 
for  other  purposes ;  was  read  the  third  time,  and 
passed. 

The  bill  for  the  relief  of  Samuel  Thompson 
and  John  Daily,  passed  through  a  Committee 
of  tlie  Whole,  and,  on  the  question  of  ordering 
it  to  a  third  reading,  it  was  negatired,  and  the 
bill  rejected. 

The  House  Went  into  a  Committee  of  the 
Whole  on  the  bill  for  the  relief  of  Benjamin 
Berry ;  and  on  the  bill  for  the  relief  of  Mary 
SaliiTan.  Tkty  were  reported  to  the  House, 
and  ordered  to  be  engrossed  and  read  a  third 
time  to-morrow. 

The  House  went  into  a  Committee  of  the 
Whole,  on  the  bill  to  authorize  payment  in  cer- 
tain, cases  on  account  of  Treasury  notes  which 
have  been  lost  or  destroyed.  The  bill  was  re- 
ported without  amendment,  and  ordered  to  be 
engrossed  and  read  a  third  time  to-morrow. 

The  House  resolred  itself  into  a  Committee 
of  the  Whqle  on  the  bill  to  incorporate  the  Co- 
lumbian Institute.  The  bill  was  reported  with- 
out aaiendment,  and  ordered  to  be  engrossed  and 
read  a  third  time  to-morrow. 

The  House  went  into  a  Committee  of  the 
Whole  on  the  bill  from  the  Senate,  entitled  ^An 
act  to  incorporate  the  Mechanic  Relief  Society 
of  Alexandria."  The  bill  was  reported  without 
amendment,  and  ordered  to  be  read  a  third  time 
to-morrow. 

The  House  went  into  a  Committee  of  the 
Whole  on  the  bill  from  the  Senate,  entitled  '^An 
act  in  addition  to  the  act,  entitled  'An  act  for  the 
relief  of  John  Thompson  ;"  also,  on  the  bill  for 
the  relief  of  Henry  iLtng ;  and  on  the  bill  for 
the  relief  of  the  widow  and  children  of  Jacob 
Qracfi;  deceased.  The  bills  were  reported  with- 
out amendment. 

Orderedf  That  the  bill  from  the  Senate,  in 
addition  to  the  act  for  the  relief  of  John  Thomp- 
son, be  read  a  third  time  to-morrow ;  that  th^ 
bill  for  the  relief  of  Henry  King  lie  on  the  table; 
and  that  the  bill  for  the  relief  of  the  widow  and 
children  of  Jacob  Graefi^  deceased,  be  engrossed 
and  read  a  third  time  to-morrow. 

The  House  resolved  itself  into  a  Committee 
of  the  Whole  on  the  bill  for  the  relief  of  Josiah 
Bullock,  and  on  the  bill  for  the  relief  of  James 
Mackey.  The  Committee  reported  the  first  men- 
tioned bill  with  an  amendment,  and  asked  leave 
15th  Con.  1st  Sess.— 54 


to  sit  again  on  the  \  last  mentioned  bill,  which 
was  refused,  and  the  bill  was  ordered  to  lie  on  the 
table. 

The  House  went  into  a  Committee  of  the 
Whole  on  the  bill  for  the  relief  of  Jonathan 
Amory,  junior,  and  the  representatives  of  Thomas 
C.  Amory,  deceased.  The  bill  was  reported 
without  amendment,  and  ordered  to  be  engrossed 
and  read  a  third  time  to-morrow. 

The  amendment  to  the  bill  for  the  relief  of 
Josiah  Bullock  was  concurred  in.  and  it  was 
ordered  to,  be  engrossed  and  read  a  third  time  to- 
morrow. 

SURVIVING  0PPICBR8,  Ac.,  OP  THE  REV- 
OLUTION. 

Mr.  Holmes,  of  Massachusetts,  submitted  the 
following  resolution : 

Eeiolved,  That  the  committee  on  so  much  of  the 
President's  Message  as  relates  to  mHitaiy  ai&in^  be 
instructed  to  inqnire  into  the  Expediency  ofproviding 
by  law  for  rewarding  such  meritorious  officen  and 
solars  of  the  Revolution  (as  well  of  the  militia  as 
the  regular  amy)  as  may  not  be  embraced  vrithin  the 
provisions  of  the  act  passed  at  this  sesnon  of  Cott- 
gress,  to  provide  for  certain  surviving  officers  and 
soldiers  of  the  Revolnttonary  Army. 

Mr.  Hot.ME8  said,  when  the  act  for  the  relief 
of  the  unfortunate  heroes  of  the  Revolocion 
passed,  it  was  apprehended  by  its  friends  that 
manjr  jneritorious  men,  both  of  the  artny  and 
militia,  would  be  excluded  from  its  provisieas. 
The  bill  went  from  this  House  to  the  Senate  ih 
rather  a  crude  state ;  and  it  was  so  severely  op- 
posed and  criticised  there,  tha^  when  it  returned 
here  with  its  amendments,  its  friends  feared  to 
propose  any  alterations,  teu,  on  a  disagreement 
between  the  two  Houses,  the  bill  should  be  lost. 
It  was  however  expected,  that  from  applications 
under  the  act,  cases  would  be  developed  which 
would  require  a  supplementary  act.  Cases,  he 
was  told,  had  occarred,  and  others  would  proba- 
bly occur,  which  would  prove  the  necessitj  of 
providios^  for  others  who  have  claims  on  the  just- 
tice  of  their  country  for  Revolutionary  services. 
Many  he  said  were  illy  paid ;  and  many,  though 
not  reduced  in  their  circumstances,  have  strong 
claims  on  the  justice  and  gratiti^de  of  their  toofh 
try.  He  had,  therefore,  prepared  the  resolution 
wnich  he  had  offered,  and  proposed  to  have  it 
committed  to  the  Committee  on  Miliury  AflUrs. 
He  was  not  sanguine  that  anything  conld  be  ma- 
tured this  session,  but  he  wished  to  call  the  atten* 
tion  of  the  Committee  to  the  subject,  that  some 
progress  might  be  made  in  it,  and  that,  at  the 
next  session,  the  provision  required  by  the  reso- 
lution might  be  made.  At  that  time  he  promised 
to  show  to  the  House,  that  many  not  included  in 
the  late  act  are  entitled  to  their  country's  conetd- 
oration. 

The  question  was  then  taken  on  agreeing  to 
the  resolution,  and  decided  in  the  negative. 
NIAGARA  CLAIMS. 

The  House  then  took  up  the  report  of  the 
Committee  of  the  Whole  on  the  bill  to  provite 
for  the  relief  of  the  sufferers  on  the  Niagara  ft  on* 


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HISTORY  OF  CONGRESS. 


1700 


H.ofR. 


Ccue  of  Richard  W,  Meade, 


April,  1818. 


tier,  hy  the  ravages  of  the  enemy  in  the  late  war, 
the  question  being  on  concurring  in  the  amend* 
roent  adopted  by  the  Committee  on  the  motion 
of  Mr.  Reeo. 

After  a  good  deal  of  debate,  in  which  Mr. 
RtOH  opposed  concurring  in  the  amendment ; 
and  Messrs.  Smith,  of  Maryland,  and  Reed  sup- 

Sorted  it;  and  after  some  additional  remarks  by 
Ir.  Spencer,  in  support  of  tbe  Niagara  claims, 
the  amendment  was  concurred  in  without  a  diri- 
tion. 

•  Tbe  bill  was  further  amended,  on  motion  of 
Mr.  Rich,  by  excluding  from  the  provisions  there- 
of all  articles  of  trade  or  merchandise. 

The  question  was  then  taken  on  ordering  the 
bill  to  be  engrossed  for  a  third  reading,  and  de« 
cided  in  the  negative — yeas  51,  nays  91,  as  fol- 
lows: 

YxAs — Messrs.  Baldwin,  Ball,  Bateman,  Bloom- 
field,  Comstock,  Cruger,  Culbreth,  Drake,  Ellicott, 
Oametty  Harrison,  Hasbrouck,  Herbert,  Herkimer, 
Herrick,  Holmes  of  Massachusetts,  Hubbard,  Irving 
of  New  York,  Johnson  of  Kentucky,  Jones,  Lawyer, 
Little,  Merrill,  H.  Nelson,  T.  M.  Nelson,  New,  Ogden, 
Palmer,  Peter,  Pleasants,  Porter,  Reed,  Ringgold,  Rob- 
•rtson  of  Louisiana,  Sampson,  Savage,  Schuyler, 
Sendder,  Shaw,  8.  Smith,  Spencer,  Strother,  Stoart 
of  Manrland,  Tallmadge,  Taylor,  Tompkins,  Town- 
send,  Trimble,  Tyler,  Wcsterlo,  and  Wilkin. 

Nats — Messrs.  Adams,  Allen  of  Massachusetts, 
Allen  of  Vermont,  Barbour  of  Virginia,  Barber  of 
Ohio,  Bassett,  Bennett,  Boden^  Butler,  Campbell, 
Clagett,  Cobb,  Colston,  Cook,  Crafts,  Crawford,  Dar- 
lington, Earle,  Edwards,  Ervin  of  South  Carolina, 
Folger,  Forney,  Forsvth,  Gage,  Hale,  Hall  of  Dela- 
ware, Hall  of  North  Carolina,  Hendricks,  Hogg, 
Holmes  of  Connecticut,  Hopkinson,  Huntington,  John- 
son of  Virginia,  Kirtland,  Linn,  Livermore,  Lowndes, 
W.  Maclay,  W.  P.  Maclay,  McCoy,  Marchand,  Mason 
of  Massachusetts,  Mason  of  Rhode  Island,  Mercer 
Miller,  Moore,  Morton,  Moseley,  Mumford,  Murray, 
Jeremiah  Nelson,  Ogle,  Owen,  Parrott,  Patterson, 
Pawling,  Pindall,  Pitkin,  Rhea,  Rice,  Rich,  Richards, 
Rogers,  Ruggles,  Sawyer,  Sergeant,  Settle,  Seybert, 
Sherwood,  Simkins,  Slocumb,  Ballard  Smith,  J.  8. 
Smith,  Speed,  Stewart  of  North  Carolina,  Strong, 
Tarr,  Terrill,  Terry,  Tucker  of  South  Carolina,  Up- 
ham.  Walker  of  North  Carolina,  Wallace,  Wendover, 
Whiteside,  Whitman,  Williams  of  Connecticut,  Wil- 
liams of  New  York,  Williams  of  North  Carolina, 
Wilson  of  Massachusetts,  and  Wilson  of  Pennsyl- 
ania. 
So  the  bill  was  rejected. 

CASE  OF  R.  W.  MEADE. 

The  House,  on  motion  of  Mr.  Trimble,  took 
up  the  report  of  the  select  committee  on  the  res- 
olution of  the  12th  February,  and  the  memorial 
of  sundry  citizens  of  Philadelphia,  respecting  the 
imprisonment  of  Richard  W.  Meade,  bv  the  Span- 
ish Government.  The  report  concludes  with 
recommending  to  the  House  the  adoption  of  the 
following  resolution : 

Resolved,  That  the  House  is  satisfied  that  the  im- 
prisonment of  Richard  W.  Meade  is  an  act  of  cruel 
and  onjttsttfiable  oppression ;  that  it  is  the  right  and 
"du^r  of  the  Government  of  the  United  Sutea  to  afford 
to  Mr.  Meade  its  aid  and  protection;  and  that  this 


House  will  support  and  maintain  such  meaaurea  as 
the  President  may  hereafter  adopt,  to  obtain  the  re- 
lease of  the  said  R.  W.  Meade  from  confinement,  should 
such  measures  be  proper  and  necessary. 

The  resolution  having  been  read,  Mr.  Trimble 
proposed  the  following  substitute  therefor,  by  way 
of  amendment: 

Resolvedj  That  the  demand  made  by  the  Preaident 
of  the  United  States  upon  the  King  of  Spain  for  the 
liberation  of  Richard  W.  Meade,  a  citizen  of  the  Uni- 
ted States,  detained  in  confinement  at  the  Castle  of 
Santa  Catalina,  at  Cadiz,  ought  to  be  supported  and 
enforced,  by  vesting  in  the  President  an  authority  to 
make  reprisal  upon  a  Spanish  Consul,  in  the  event  of 
a  failure  on  the  part  of  Spain  promptly  to  discharge 
the  said  Meade. 

Mr.  Trimble  rose,  in  support  of  his  motion,  and 
addressed  the  House  as  follows: 

If  I  may  hnd  favor  in  the  sight  of  the  House, 
I  would  ask  a  short  indulgence  at  their  hands.  I 
know  how  much  they  are  exhausted  in  the  consid- 
eration of  various  complicated  questions,  touching 
our  internal  prosperitv  and  exterior  relations;  and 
I  am  more  than  sensible  of  my  utter  inability  to 
repay  their  attention  with  a  fair  equivalent. 

The  resolution  reported  by  the  committee  ia, 
in  my  opinion,  unequal  to  the  emergency  df  the 
case — I  would  prefer  a  stronger  measure.  Had 
the  vindication  of  this  amendment  fallen  to  the 
lot  of  some  members  whom  I  could  designate, 
they  would  tell  us  a  round,  unvarnished  tale,  that 
would  nail  us  to  our  places — a  tale  that  would 
''rouse  tbe  slumbering  dead  to  hear.''  They  would 
show  you  a  captive  through  the  gratings  of  his 
prison  window ;  that  captive  a  citizen  and  bro- 
ther, your  agent  and  vice  consul,  languishing  in 
a  foreign  dungeon,  uopitied  and  forgotten;  se- 
cluded from  the  cheerful  light  of  day ;  bereft  of 
all  the  endearments  of  social  life — the  solace  of 
ctuidreo,  wife,  and  friends,  and  peaceful  home — 
pining  and  wasting  away  in  misery  and  despair, 
with  but  one  solitary  ray  of  hope^  "  that  gleams 
from  the  star-spangled  banner  which  wares  over 
the  land  of  the  free  and  the  home  of  tbe  brave." 
But  I  have  no  thoughts  that  scald,  or  words  that 
burn,  or  plaintive  tones  of  supplication,  that  would 
wring  reluctant  succor  and  compassion  from 
Congress  and  the  nation.  Mine  are  humble  pow- 
ers, that  have  no  eloquence  of  speech,  save  what 
the  subject  lends  to  grace  its  memory.  Let  no 
man  judge  me  of  meaning  more  than  I  explain. 
In  the  full  spirit  of  candor,  I  declare,  before  the 
highest  of  all  tribunals — the  Judge  of  quick  and 
dead — that,  if  I  know  myself,  there  is  no  tempta- 
tion which  would  induce  me  to  do  a  deed  that 
would  bring  dishonor  on  my  country ;  and  I  awear 
by  all  that  is  sacred  in  me,  that  in  my  opinion 
we  are  bound  in  duty,  in  justice,  and  in  honor,  to 
give  this  citizen  immediate  sitccor,  even  at  the 
hazard  of  our  lives.  Suppose  a  change  of  eaaes, 
and  I  and  you.  and  all  of  us  would  ask  it  and 
expect  it.  Let  us  remember  the  golden  rule  of 
him  who  spake  as  never  man  spake — let  us  do  to 
others  as  we  would  have  them  do  to  us ;  for  on 
this  hangs  the  duty  of  the  nation.  If  the  roeaa- 
ure  which  I  offer  and  advocate  h  dangerous  or 


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Case  of  Richard  W.  Meade. 


H.opR. 


premature,  there  is  a  redeeming  spirit  in  the  supe- 
rior wisdom  and  better  judgment  of  the  House, 
which  will  shield  as  from  its  cooseqoences ;  and 
I  am  sore  there  is  ttjund  of  charitf  within  these 
walls,  that  will  forgire  the  well-meant,  bat  mis- 
taken xealf  which  may  lead  me  bef  ond  the  boand; 
ary  of  cold  caution. 

Permit  me  to  waste  a  (isw  moments  in  glanc- 
ing orer  the  facts,  as  reported.  I  intend  to  rely 
entirely  on  the  cTidence  of  the  Spanish  documents, 
and  for  that  reason  shall'  omit  many  considera- 
tions which  gife  a  favorable  color  to  the  case ; 
as,  for  instance,  Mr.  Meade's  loan  of  forty  thou- 
sand dollars  in  cash  to  the  Regency,  to  assist  them 
in  suppressing  a  mutiny  of  the  troops  at  Cadiz ; 
the  enormous  sum  of  more  than  half  a  million 
which  they  owe  him  for  property  sold  the  Got- 
crnment ;  and  the  fact  of  his  being  put  under  mil- 
itary guard  until  his  warehouses  were  pillaged, 
by  order  of  the  Regency,  because  he  refused  to 
sen  any  more  property,  flour,  tobacco,  &c.,  until 
he  could  get  pay  for  wnat  they  already  owed  him. 
Let  these,  and  many  others  like  them,  pass  for 
nothing.  The  naked  case  is  this:  Mr.  Meade 
held  in  his  hands  about  fifty-two  thousand  dollars, 
as  trustee  under  the  bankrupt  laws  of  Spain,  sub- 
ject to  the  direction  and  control  of  the  Consuiado 
at  Cadiz.  One  Glass  claimed  this  money  for 
himself;  and  one  Hunter,  by  his  agent,  (McDer- 
mot,)  ^Iso  claimed  it.  The  Consuiado  ordered 
the  money  to  be  paid  to  McDermot,  on  condition 
that  he  would  give  security.  This  he  failed  to 
do,  and  the  Consuiado  suddenly  made  an  order, 
directing  Mr.  Meade  to  deposite  the  sum  in  the 
King's  treasury.  He  made  the  deposite,  in  "effec- 
tiTe  specie,"  which  the  same  treasury  owed  him, 
Tiz:  in  liiramientoa-^thaLi  is,  treasury  notes  or 
cash  scrip.  These  treasury  notes  may  have  been 
at  a  discount  in  the  market,  but  that  could  make 
no  difference ;  for  it  would  have  been  more  than 
dishonest  in  the  treasury  to  refuse  its  own  paper, 
because  it  was  at  a  discount.  Between  Meade 
and  the  treasury  there  was  no  ground  of  com- 
plaint^ and  could  be  none ;  for,  if  he  had  paid  the 
deposite  in  specie,  the  treasurer  must  have  in- 
stantly repaid  it  to  him,  in  discharge  of  the  libra- 
mienlot— that  is,  treasury  notes — and  the  result 
would  be  exactly  the  same.  And  as  Meade  was 
then  pressing  the  treasurer  to  pay  his  cash  scrip, 
it  is  easy  to  see  that  the  treasurer  obtained  a  res- 
pite from  further  importunity,  until  Glass  or  Hun- 
ter should  call  for  the  money,  at  the  end  of  their 
lawsuit. 

Some  time  after  this,  McDermot  brought  suit 
against  Mr.  Meade  for  the  same  sum,  before 
tlie  same  court.  He  pleaded  their  order  and  the 
daposite  in  the  Kinr's  treasury,  and  vouched  the 
treasury  to  respond  the  money;  but  the  court 
gave  Judgment  that  he  should  pay  again.  He  ap- 
pealed at  the  Alzadas,  and  the  cause  was  with- 
drawn from  that  court  by  the  Council  of  War,  at 
the  insunce  of  McDermot ;  and  it  is  still  pending 
before  the  Council  of  War.  Mr.  Meade  petitioned 
the  King  asainst  the  oppressive  conduct  of  that  < 
courtj  and  the  King  ordered  five  new  judffes  to  be 
associated  with  the  old  ones,  and  directed  that  no 


proceedings  should  be  had  in  the  cause,  in  the  ab- 
sence of  the  new  iudges.  McDermot  suggested 
to  the  Council  of  War,  that  Meade  was  about  to 
leave  Spain,  and  the  old  judges,  in  the  absence  of 
the  new  ones,  and  contrary  to  the  King's  order, 
authorized  the  Consuiado  at  Cadiz  to  hold  Meade 
to  security  for  the  money ;  and  the  Consuiado  re- 
solved, that  the  only  security  they  would  take, 
should  be  another  deposite  of  the  money  in  their 
Treasury.  This  Meade  refused  to  do.  and  he  was 
sent  to  the  castle,  and  put  in  the  felons'  prison* 
Other  aagravating  facts  and  circumstances  may 
be  found  in  the  documents  sent  by  the  President 
in  his  MesMge  on  this  subject. 

Our  Minuter  near  the  Court  of  Madrid  com- 
plained of  these  outrageous  proceedings,  as  a  vio- 
lation of  the  7th  and  20th  articles  of  the  treaty  of 
1795,  and  also  a  violation  of  the  laws  and  usages 
of  Spain ;  and  the  King  expressed  his  entire  dis- 
approbation of  the  conduct  of  the  courts,  aad  or- 
dered that  justice  should  be  immediately  done  in 
the  cause;  but  at  the  same  time  issued  an  order, 
directing  the  proceedings  to  be  suspended  as  long 
as  possible,  sujggesting  as  his  reason  for  this,  that 
in  any  event,  his  treasury  must  refund  the  deposite 
so  soon  as  the  cause  should  be  decided ',  ana  that 
he  had  no  money  in  his  treasury  to  refund.  This 
is  said  at  the  time  when  his  Mmister  of  Finance 
states  in  his  ezpos6  to  the  King,  that  the  annual 
expense  of  the  king's  household  amounts  to  seven 
millions  of  dollars.  And  this  is  what  Don  Onis 
calls  "  Immaculate  Purity,"  and  I  would  say  that 
it  caps  the  climax  of  Spanish  villany  and  treach« 
ery.  I  challenge  all  history  to  produce  its  parallel. 
Are  we  not  bound  to  protect  this  citizen  against 
such  a  flagrant  outrage?  I  read  in  the  books, 
that  nations  are  in  a  state  of  nature,  and  have  Only 
two  modes  of  compelling  each  other  to  do  justice ; 
war  and  reprisal.  I  say  nothing  of  big  words 
hung  up  in  resolutions.  They  are  the  index  of 
imbecility ;  the  mask  of  cowardice.  I  abjure  all 
hectoring,  and  gasconading,  and  gostering,  be- 
tween nations  or  individuals.  In  this  case  war 
would  only  increase  the  injury,  by  protracting  the 
confinement.  Reprisal  is  the  only  efficient  rem« 
edy.  The  amendment  before  you  proposes^  that 
a  law  be  passed,  authorizing  the  President  (in  the 
event  of  a  failure  on  the  part  of  Spain,  to  liberate 
this  citizen)  to  make  reprisal  by  seizing  a  Span- 
ish subject,  a  consul  or  vice  consul,  and  confine 
him  as  a  hostage.  This  will  support  the  President 
in  his  late  demand,  and  put  a  weapon  in  bis  hand, 
to  chastise  the  insolence  which  Spain  may  offer 
to  this  Government  in  the  reply  which  she  may 
make.  So  far  as  precedent  goes,  this  amendment 
is  supported  by  the  law  of  1799,  which  authorized 
and  required  the  President,  Adams,  to  make  re- 
prisals upon  French  citizens  in  the  cases  there 
mentioned.  If  examples  are  called  for,  they  are 
to  be  found  in  the  history  of  every  nation.  The 
world  would  never  be  at  peace,  if  all  causes  of 
complaint  were  redressed  by  war.  Humanity 
and  sound  policy  approve  the  practice  of  repri- 
sals, and  require  that  it  should  sometimes  be  re- 
sorted to.  Why  should  a  nation  change  its  peace* 
fal  habits,  and  gird  on  the  armor  of  war,  and 


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im 


H.  OP  R. 


Ca$e  ofMiehard  W.  Meadt. 


April,  1818. 


waste  millions  to  obtain  redress  for  an  injury, 
which  can  be  redressed  by  the  seizare  and  con- 
finement of  a  single  individual?  Would  you 
spill  the  blood  and  squander  the  treasure  of  your 
own  people,  where  redress  can  be  obtained  by  the 
pressure  of  coercion  on  the  people  of  your  auTer- 
sary  ?  Shall  this  outrage  be  placed  upon  the  cal- 
ender of  grievances,  to  be  discussed  upon  thirteen 
years  forbearance?  Promptitude  is  justice  in  a 
case  like  this.  If  it  must  terminate  in  a  war  of 
words^  we  have  proof  positive,  that  Mr.  Adams 
can  dnve  Don  Onis  from  the  field  of  battle }  but, 
in  my  opinion,  we  have  retreated  far  enough 
from  Spain ;  and  unless  we  make  a  stand  upon 
reprisal,  we  shall  (ake  shelter  behind  the  ramparts 
of  disgrace. 

Perhaps  it  would  be  well,  he  said,  to  pretermit 
the  reading  of  authorities ;  out  here  is  something 
so  exactly  to  the  purpose,  that  he  would  ask  the 
House  to  hear  it :  Yattef,  pa^e  283,  section  341 : 
*^  Where  a  sovereign  is  not  satisfied  with  the  man- 

*  ner  in  which  his  subjects  are  treated  by  the  laws 
<  and  customs  of  another  nation,  he  is  at  liberty  to 

*  declare  that  he  will  treat  the  subjects  of  that 
'  nation  in  the  same  manner  as  his  are  treated. 
^  This  is  what  is  called  retortion.  There  is  no- 
^  thing  in  this  but  what  is  conformable  to  justice 

*  and  sound  policy.  No  one  can  complain  on  re- 
'ceiving  the  same  treatment  which  he  gives  to 
^  others/'  Again,  same  book,  pace  285,  sec.  351 : 
"  As  we  may  seize  the  things  which  belong  to  a 
'  nation,  in  order  to  compel  her  to  do  justice,  we 
'  may  equally,  for  the  same  reason,  arrest  some  of 
'  her  citizensj  and  not  release  them  till  we  have 
^  full  satisfaction."  And  again,  same  book,  p.  262, 
sec.  71 :  ''  Whoever  uses  a  citizen  ill,  directly 
^  offends  the  State,  which  is  bound  to  protect  this 

*  citizen ;  and  the  sovereign  of  the  latter  should 
^  avense  his  wrongs,  punish  the  aggressor,  and,  if 

*  possible,  oblige  him  to  make  full  reparation, 
^  since  otnerwise  the  citizen  would  not  attain  the 
^  great  end  of  the  civil  association,  which  it  safe* 
'  <v."  He  would  refer  gentlemen  to  page  5,  sec. 
17,  and  nage  288,  sec.  354,  same  book.  These 
passages,  be  said,  would  show  that  the  amendment 
before  the  House  came  clearly  within  the  scope 
and  sanction  of  the  law  of  nations.  But,  for  his 
part,  although  he  gave  full  credence  to  able  wri- 
ters on  such  subjects,  yet  he  relied  much  more  on 
common  sense  and  practical  experience.  The 
great  volume  of  nature  was  the  work  from  which 
he  drew  his  lessons  of  instruction ;  these  books 
he  considered  as  only  commentaries  on  the  text. 
We  must  look  behind  the  chronicles  of  nations 
for  the  principles  which  gave  birth  to  their  exist 
ence,  or  the  necessities  which  suggested  their 
variety  of  laws  and  usages. 

Formerly  the  States  could  protect  their  citi 
zens  by  reprisal.  In  the  formation  of  the  Con- 
stitution they  surrendered  the  right  to  the  Gene- 
ral Qovernment.  Are  you  not  bound  in  duty  to 
use  all  the  powers  thus  solemnly  granted  to  you 
and  inhibited  to  them  7  Can  the  duty  of  this 
nation  to  protect  its  citizens  be  made  a  question  ? 
van  you  alienate  a  part  of  your  territory  ?  Can 
you  denationalize  a  citizen?    Can  the  nation 


^ndon  a  citizen  without  his  consent?  The 
primary  object  of  the  social  compact  is  personal 
safety  and  protection.  In  the  formation  of  that 
compact,  each  individual  surrenders  his  natural 
right  of  self  protection,  on  condition  that  he  shall 
be  protected  by  the  whole  strength  of  the  com- 
munity. Allegiance  and  protection  are  coeval 
and  coextensive.  If  you  elaini)  or  have  a  tig^ht 
to  claim,  the  one,  the  citizen  has  a  right  to  claim 
the  other ;  they  are  one  and  indivisible.  What 
are  the  obligations  of  this  Qovernment  to  its 
citizens  ?  Upon  what  basis  is  it  founded  ?  Was 
it  erected  o[K>n  a  system  of  time-serving  policy, 
or  did  the  wise  framers  of  the  Constitution  dig 
deep,  and  lay  its  foundation  sure-^upon  immuta* 
ble  principles  of  justice  and  of  rights?  Letoa 
analyze  the  Constitution ;  let  it  speak  for  itself: 
listen.  "  FFe,  the  people  of  the  United  Stateai 
surrender  to  you,  the  Qeneral  Qovernment,  car- 
tain  rights,  and  grant  you  certain  powers.  And 
what  do  you  give  us  in  return  lor  theaa?  A 
guarantee^  a  jsolemn  compact  on  your  part  that 
you  will  insure  to  us  equal  righu,  equal  justice 
and  equal  protection ;  promote  our  ^nenil  wel* 
fare,  and  secure  the  blessinffs  of  liberty  to  our* 
selves  and  our  posterity."  Ye%  sir,  eqml  rights, 
to  be  secured  by  wise  and  wholesome  laws ;  equal 
justice,  to  be  administered  by  honest,  upright 
judges;  and  equal  protection  to  every  citizen 
throughout  the  world :  not,  if  you  please,  oa 
courtesy  or  favor,  but  on  compulsion,  on  Mema 
compact ;  not  wnen  yoa  please,  at  your  conve- 
nience, but  promptly  when  demanded,  and  to  bt 
enforced,  when  necessary,  by  the  whole  power  of 
the  community.  Will  any  man  deny  these  prin- 
ciples? Who  dare  deny  them?  I  arraign  the 
counter-pleader  at  your  bar,  (the  table  0  put  him 
upon  his  oath,  and  leave  him  to  his  country,  hia 
conscience,  and  his  Qod.  Such  a  statesman 
would  be  banished  from  this  House  by  the  ostra- 
cism of  public  opinion,  and  his  return  perpetually 
interdicted  by  the  non-intercourse  of  general  di^ 
testation. 

What  is  the  general  welfare  of  the  nation  but 
a  sum  total  of  benefits,  composed  of  items^  solemn- 
iy  promised  to  each  citizen  to  be  sacredly  per* 
formed  ?  What  are  the  blessings  of  liberty  1 
Are  they  empty  sounds  and  tinaliag  evmbal^ 
or  are  they  nouns  substantive,  that  e^n  oe  telt,  and 
handled,  and  enjoved  ? 

There  is  one  blessing  of  liberty  which  stands 
pre-eminent  above  the  rest — it  is  personal  protec* 
tion !  Has  this  citizen  enjoyed  that  blessing,  or 
has  he  been  visited  by  the  bitterest  curses  that  an- 
relenting  vengeance  could  inflict  upon  an  imof- 
fending  victim  ?  These  venal  and  corrupt  min- 
isters, these  panders  for  royalty,  have  caused  hioa 
to  be  torn,  lawlessly,  from  his  family  and  friends^ 
and  thrown  into  the  dungeon  assigned  for  male- 
factors.  Baseness,  fraud,  and  perfidy,  formed  an 
unholy  league  with  avarice,  ingratitude,  and  ma- 
lice, to  wring  from  him  his  property  ana  smother 
his  complaints ;  and  the  laws  of  Spain,  subsisting 
treaties,  and  the  sacred  usages  of  nations,  wera 
but  ropes  of  sand  in  the  hands  of  these  myrmi- 
dons of  power.    They  have  made  him  drink  of 


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HISTORY  OP  CONGRESS. 


1706 


Apbil,  1818. 


Ca$e  of  Richard  W.  Meade. 


H.opR. 


the  cap  of  Intterness  eren  to  the  dreffs :  aod  it  is 
left  for  voo  to  return  thepoisoned  chalice  to  (he 
Ups  of  his  oppressors.  The  present  generation 
will  not  forget  this  flagrant  outrage  on  our  Con- 
sul, and  history  may  record  the  infamy  of  the 
Spanish  M inbters ;  and  that  infamy  I  would  save 
Pizarro ;  he  alone  seems  to  hare  uiged  his  master 
to  redress  the  injury  as  speediljr  as  possible.  I 
hope  I  do  not  mistake  his  j^ood  intentions ;  but, 
air,  I  eoold  not  swear  for  him ;  I  should  be  loth 
to  stand  compurgator  for  good  faith,  honesty,  and 
fair  dealing  in  any  Spanish  Minister.  Who 
would  hare  expected  sneh  injustice  and  outrage 
at  the  hand  of  Ferdinand  VII  ?  In  the  late  strug- 
gles and  couTulsions  which  agitated  the  Spanish 
monarchy,  and  indeed  all  Europe,  it  was  not  ex- 
pected that  our  neutral  rights  would  pass  unas- 
sailed,  and  we  have  not  been  wantin^^  in  patient 
forbearance^  while  imperious  necessity  could  be 
urged  as  an  apologr  for  violations  of  public  faith; 
hut,  when  the  world  was  permitted  to  take  rest, 
and  r^MMie  itself  in  peace,  under  the  auspices  of 
the  high  contracting  Powers ;  when  the  H0I7 
Alliance  had  guarantied  the  rights  of  nations,  all 
mankind  bad  expected  full  and  ample  justice  at 
the  hand  of  the  legitimate  sorereigns.  As  Ferdi- 
nand of  Spain  had,  in  the  general  conflict,  sufler- 
ed  most  from  the  lawless  hand  of  power ;  as  he 
had  been  decoyed  from  his  home^  treacherously 
torn  from  his  country  br  a  foreign  despot,  and 
made  to  suffer  a  long  and  painful  imprisonment, 
it  was  expected,  on  his  restoration,  that  he  would 
hasteu  to  lay  open  his  own  duiigeons,  set  free  his 
prisoners,  and  give  examples  of  justice  and  good 
Imith  to  surrounding  nations.  As  he  knew,  from  ex- 
perienee,  the  ralue  of  personal  liberty  to  himself. 
(aud  who  should  know  better  than  he?)  the  worla 
had  done  him  the  honor  to  hope  and  beiicTe  that  be 
would  bold  sacred  and  inviolate  the  personal  liberty 
of  others.  How  delusive  the  hope,  how  vain  the 
expectation !  Poverty  made  him  avaricious,  op- 
pression taught  him  cruelty,  and  experience,  that 
id>le  teacher,  that  whip  of  scorpions,  learned  him 
BO  lessons  or  wisdom,  of  moderation,  or  forbear- 
ance. His  Ministers  have  brought  this  case  to  a 
eiisis.  Our  national  honor  is  involved ;  you  must 
demand  reparation  in  firm  language,  and  enforce 
ii  with  strong  measures,  or  your  boasted  birth- 
right will  be  sold  in  Buropean  markets  for  a  mess 
oTjpotta^.  There  is  some  virtue  in  retortion 
miia  reprisal.  What  can  words  avail  us?  Is  it 
not  dimiceful  to  crave  imparlance  in  a  case  like 
this?  Will  you  sacrifice  the  honor  of  your  coun- 
try, violate  your  duty,  and  ahandon  this  citizen 
to  his  fate ;  or  will  you  stand  up,  all  as  one  man, 
to  enforce  his  liberation,  and  compel  justice  to  be 
done  him  ?  It  is  in  vain  to  temporize  with  the 
tireachery  of  Spain ;  let  us  make  assurance  doubly 
an  re;  let  us  have  redress — peaceably  if  we  can, 
forcibly  if  we  must. 

When  I  had  the  honor  of  presenting  the  reso- 
lution for  reprisals,  some  objection  arose  because 
it  did  not  define  the  nature  and  extent  of  reprisals 
Bieditated.  In  this  amendment  I  have  attempted 
10  obviate  the  objection.  But  it  is  due,  in  candor 
to  the  House  and  nation,  that  I  should  so  explain 


myself  that  no  one  can  mistake  me.  In  the 
event  of  a  failure  on  the  part  of  Spain  to  sur- 
render Mr.  Meade,  upon  the  late  demand,  I  would 
seize  a  Spanish  subject  and  Consul,  of  equal 
property  and  respectability,  as  a  hostage:  coimne 
him  at  Castle  William,  in  the  harbor  of  Boston, 
and  treat  him,  in  all  respects,  as  it  shall  be  made 
to  appear  that  our  citizen  is  treated  at  the  Castle 
of  Santa  Catalina.  That  would  be  equal  justice 
subject  for  citizen,  Consul  for  Consul,  castle  for 
castle,  and  treatment  for  treatment.  No,  sir,  I 
humbly  crave  the  pardon  of  my  country — that 
would  not  be  equal  justice — for  as  "  one  day,  one 
hour,  of  virtuous  liberty  is  worth  a  whole  eter-* 
nity  of  bondage,"  so,  also,  one  honest.  Upright, 
independent  freeman  is  worth  a  kingdom,  an  em- 
pire, of  servile,  crouching,  sycophantic  Spanish 
slaves. 

I  will  not  say  that  this  amendment  has  been 
drawn  up  with  all  the  skill  and  scholar-craft 
which  might  have  been  employed  in  its  produc- 
tion; but  I  will  boldly  affirm  that  the  redress 
which  it  indicates,  is  more  than  justified  by  the 
case,  and  fully  supported  by  the  laws  aiid  usages 
of  nations.  I  know  not  what  others  may  thmk 
on  this  subject,  but,  for  myself,  I  have  no  nope  of 
redress  but  from  coercion — ^for  that  sovereign 
who  forfeits  his  word  of  honor,  and  brings  his 
reputation  and  his  justice  into  question,  wul  not 
easily  unhand  his  victim,  or  forego  his  vengeance. 
I  am,  therefore,  bold  to  say  that  I  will  use  retor* 
tion.  The  States  surrendered  to  the  General 
Government  the  right  of  making  reprisals;  and, 
in  their  name,  I  ask  you  to  exercise  the  power — 
I  demand  it  in  the  name  of  the  people.  Gentle- 
men may  shake  their  heads,  if  they  mean  to  say 
that  the  demand  is  too  broad— that  I  have  no 
right  to  speak  for  them,  and  their  States.  Then, 
sir,  I  demand  it  in  the  name  of  the  people  whom 
I  represent — in  the  name  of  the  State  from 
whence  I  come.  I  know  them,  and  can  speak 
for  them— I  know  their  love  of  liberty  and  hatred 
of  oppression,  and  will  answer  for  their  readiness 
to  support  the  honor  of  the  country,  and  their 
promptitude  in  chastising  all  infractions  of  per- 
sonal liberty. 

Mr.  Speaker :  The  shocking  and  cold  blooded 
massacre  of  your  gallant  relation.  Captain  Hart, 
and  others,  after  the  battle  of  the  river  Raisin,  is 
too  certain  to  admit  of  doubt.  But.  let  it  be  once 
officially  known  that  they  are  still  living,  linger* 
iog  out  a  hopeless  existence,  under  savage  re- 
straint, and  your  State  would  demand  reprisal 
and  retaliation  of  Congress,  in  a  toUe  respectful, 
I  trust,  but  not  eouivocal;  and  if  you  should  re- 
fuse, the  people  of  that  State  woula  rise  en  ma»$e, 
and  the  whole  power  of  this  Government  would 
be  utterly  unable  to  suspend  the  blow  of  retalia- 
tidn  which  would  fall  on  the  savage  tribes.  I 
should  be  ashamed— I  would  feel  myself  dis* 
honored— were  I  capable  of  withholding  that 
succor  and  protection  from  the  citizens  of  the 
seaboard,  which  I  would  extend  to  the  inhabit- 
ants of  the  West:  and  yet,  the  Indian  prison  is 
but  a  boundless  wilderness,  and  the  only  fetters 
which  he  uses,  is  the  hazard  of  starvation  to  the 


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1708 


H.  OP  R. 


Case  of  Richard  W.  Meadi. 


April,  1818. 


prisoner  who  escapes.  Hard  and  hopeless  as  this 
coodition  is,  who  would  exchange  it  for  the  gloomy 
horrors  of  a  Spanish  damgeoo,  where  each  succeea- 
ing  day  brings  an  accumnlating  load  of  misery 
and  wretchedness,  and  each  long,  lingering  night 
is  spent  in  breathless  a^ony,  listening  to  the 
*'  stealthy  tread"  of  the  hired  assassin,  coming  to 
earn  his  bloody  wages— a  dungeon  where  unseen 
poison  may  lay  the  prisoner  on  his  bed  of  straw ; 
or  the  treacherous  stiletto  nail  him  to  the  mid- 
night floor. 

If  it  shall  appear  to  the  House,  as  it  does  to 
me^  from  the  report  of  the  committee,  that  this 
citizen  has  been  incarcerated  contrary  to  the 
laws  of  Spain,  subsisting  treaties,  and  the  usages 
of  nations — if  he  has  been  lawlessly  torn  from  his 
wife  and  family,  and  thrown  into  the  felons' 
prison — tf  that  wife,  that  heart-broken  woman, 
after  seeking  an  asylum  for  herself  and  children, 
in  her  native  land  of  liberty,  has  ventured  to  sup- 
plicate vour  succor  and  protection  for  her  suffer- 
ing husband — if  the  sovereign,  who  has  visited 
him  and  his  with  this  cup  of  bitterness,  has  ac- 
knowledged, under  his  own  hand,  by  his  public 
order,  that  there  is  no  cause  for  the  outrage — if, 
in  point  of  fact,  the  same  sovereign  did.  by  his 
secret  order,  direct  the  proceedings  to  be  aelayed 
as  long  as  possible,  because  his  treasury  was  not 
prepared  to  respond  the  deposite — if.  in  fine,  this 
case  of  unparalleled  duplicity,  and  fraud,  and 
treachery,  and  unwarranted  oppression,  is  be- 
lieved, and  stands  uncontradicted,  where  is  the 
man  of  feeling  that  would  hesitate  to  make  re- 
prisal? If  there  breathes  a  man  so  utterly  de- 
void of  sympathy,  mav  woman's  malediction  light 
upon  his  head.  And  where  shall  the  woman  of 
feelinff  be  found,  who  would  sigh  on  the  colorless 
lips  of  her  husband,  while  his  mouth  is  polluted 
With  a  chilling,  cold-hearted  No? 

Sir,  said  he,  Freedom  and  Protection  are  twin 
brothers,  born  in  one  day,  and  Freedom,  the 
elder,  and  more  terrible  to  tyrants;  so  long  as  he 
breathes,  despots  would  rather  grasp  the  forked 
liffhtning,  than  lay  their  unhallowed  hands  upon 
bis  younger  brother ;  so  soon  as  you  fail  to  pro- 
tect, we  cease  to  be  free;  all  that  is  left  us,  is 
but  shadow,  the  substance  lies  buried  in  a  Span- 
ish dungeon.  Abandon  this  citizen,  and  jou  set 
a  precedent— I  dread,  a  precedent  wnich  violates 
good  faith.  At  first,  such  precedents  may  be 
only  vices;  but  when,  bv  force  of  custom  and 
repetition,  they  become  fixed  habit,  the  disease 
is  desperate  and  incurable.  For  although 
**  Vice  if  a  monster  of  such  horrid  mien, 
As  to  be  hated,  needs  but  to  be  seen; 
Tet  seen  too  oft,  fiuniliar  with  her  &ce, 
We  first  endure,  then  pity,  then  embrace." 
Sir,  such  foul,  unnatural  precedenu  will  blast 
vour  rising  fame,  as  the  Bohun  Upas  blasts  iu 
neath  of  surrounding  desolation.  Examples  so 
utterlv  hostile  to  the  genius  of  our  Government, 
foretell  the  decay  of  public  virtue.  They  pro- 
claim the  tree  of  liberty  doated  at  the  heart. 
The  strength  of  the  Government  lies  in  the  con- 
fidence of  the  nation;  but  public  opinion  will 
nesitate  and  falter  the  moment  we  betray  our 


trust,  by  deserting  a  citizen  in  the  hour  of  danger. 
No  man  can  tell  with  what  particle  of  air  a  pes- 
tilence begins;  and  no  statesman  can  foresee 
what  breach  of  faith  will  cut  the  cords  of  confi- 
dence, and  palsy  the  affections  of  the  people.  I 
hope  we  shall  do  our  duty  promptly,  as  become* 
the  character  of  freemen,  proud  of  our  country'* 
honor,  and  our  rights;  and  then,  let  what  may 
happen,  we  can  sleep  with  quiet  consciences. 

Mr.  HoPKiNBOM,  of  Pennsylvania,  expressed 
his  belief,  that  the  report  of  the  committee  went 
as  far  as  the  duty  of  this  House  required  it  to  go 
in  such  a  matter.  There  was  a  limit  beyond 
which  it  was  improper  to  so,  in  an  aflQiir  intrusted 
to  the  Executive;  and  Mr.  H.  hoped,  that  what 
had  been  done  by  the  Executive  would  be  found 
amply  sufficient  for  all  the  purposes  of  this  case* 
The  first  movement  in  this  business  bad  been 
made  by  this  House ;  the  President  had,  in  con- 
sequence thereof^  opened  a  correspondence  with 
the  Spanish  Minister  in  a  very  decided  and  dig- 
nified manner ;  and  the  report  of  the  conunittee 
is,  that  this  House  will  support  the  Executive  in 
any  further  measures  to  obtain  the  release  of  Mr* 
Meade,  which  shall  be  just  and  necessary.  In 
doinjr  more  than  this,  at  present,  Mr.  H.  asked  if 
the  Souse  might  not  proceed  without  distinctly 
seeing  the  result?  But  Mr.  H.  wished  to  see 
something  of  the  practical  effect  of  the  proposi* 
tion  ;  with  that,  the  gentleman  had  not  favored 
the  House.  The  resolution  offered  by  the  gen- 
tleman from  Kentucky  authorized  the  President 
to  make  reprisal  for  the  imprisonment  of  Mr. 
Meade— to  seize  a  Spanish  subject,  and  confine 
him  in  prison  until  Meade  shall  be  released* 
Now  Mr.  H.  denied  that  this  Congress  could  give 
the  President  any  such  despotic  power.  Everr 
man  in  this  country,  whether  foreigner  or  citi- 
zen, is  under  the  protection  of  the  utws.  Who 
was  the  President  to  select  for  reprisal?  Shall 
he^as  is  suggjested^  by  some  unuiown  process^ 
seize  a  Consul,  living  under  our  laws^  and  lodge 
him  in  jail,  uncharged  with  debt,  or  cnme,  or  any  - 
violation  whatever  of  the  laws  of  the  land  ?  If 
despotic  Governments  do  these  things,  we  should 
avoid,  not  follow,  the  example.  We,  said  Mr.  H*^ 
must  follow  the  course  or  the  laws,  and  cannot 
depart  from  it.  There  was  no  proofs,  he  said^ 
by  which  a  man  could  be  seized  and  imprisoned 
in  this  country,  because  a  citizen  was  improperly 
imprisoned  in  a  foreign  country.  There  waa 
nothing  in  the  laws  of  nations,  or  our  own  lawa, 
to  justSy  it.  The  case  quotea  by  Mr.  Trimblb. 
was  an  authority  given  to  the  President  to  make 
reprisals  when  we  were  actually  in  a  state  of  wnr» 
Soch  acts  might  be  proper  in  a  time  of  war,  but 
not  in  a  time  of  peace  like  the  preaent.  Mr.  H. 
admonished  the  House  not  to  stretch  this  thing, 
too  far,  in  their  anxiety  to  obtain  justice  for  the 
citizen  in  question.  He  knew  Mr.  Meade  and 
his  familv,  and  his  feelings  were  as  stronjgly  ex- 
cited to  their  sufferings  as  any  gentleman's ;  and 
he  wished  to  do  everything  to  produce  his  libera- 
tion  which  was  consistent  with  proprietjr.  Did 
the  gentleman  mean  to  make  this  a  subject  for 
war  7    Yet  there  was  ho  act  beyond  the  one  pro* 


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HISTORY  OF  CONGRESS. 


1710 


ApmiL,  1818* 


Com  of  Richard  W.  Meade. 


H.opR. 


posed  by  him  bat  war.  Whtt  precedent,  or  law, 
Mr.  H.  asked,  could  the  geatlemaa  find  for  the  re- 
prisal he  recommended,  and  what  would  prevent 
the  jadges  from  discharging  any  man,  brought 
up  by  habeas  corpas,  from  such  an  arrest  ?  Mr. 
IL  contended,  that  the  report  of  the  committee 
was  sufficient  for  the  present,and  went  far  enough. 
HereaAer,  after  it  was  seen  what  effect  the  Presi* 
dent's  remonstrance  should  produce,  stronger 
measures  might  be  taken,  if  it  should  be  found 
necessary — even  war  itself. 

Mr.  Harrison,  of  Ohio,  thought  the  gentle- 
man from  Pennsylvania  mi^ht  have  found  a  pre- 
cedent for  the  resolution  oflered  by  Mr.  Trimble. 
He  had  never  read  the  law  himself,  but  he  had 
often  heard  of  an  act  called  the  alien  law,  passed 
in  the  Administration  of  Mr.  Adams,  by  which 
the  President  was  authorized  to  seize  the  subject 
of  any  foreign  Government,  and  send  him  out  of 
the  country.  If  the  House  could  give  such  a 
power  as  this  to  the  Executive,  it  surely  could 
confer  the  power  proposed  in  the  resolution.  The 
Constitution  intended  to  guard  the  citizen  against 
the  encroachment  of  his  own  Government,  and 
this  House  possessed  the  power  to  protect  our 
citizens^  and,  in  doing  so,  even  to  send  the  Min- 
ister or  Spain  or  any  other  out  of  the  countrv. 
As  to  the  proposition  itself,  Mr.  H.  would  merely 
sa^jT,  that  Congress  owed  it  to  the  nation  not  to 
adjourn  without  doing  something  effectual  to  pro- 
duce the  liberation  of  Mr.  Meade  from  his  long 
and  cruel  imprisonment.  He  was  not  confined 
for  any  crime  but  that  of  being  an  American 
ettizen— that,  said  Mr.  H.,  which  was  the  protec*- 
lion  of  a  Roman  citizen,  is  with  an  American  a 
eaose  of  injury;  and  Mr.  H.  declared  he  would 
go  to  any  measure  short  of  war,  to  release  the 
citizen  in  question.  The  proposition  of  Mr. 
Triublb  he  thought  the  safe  and  proper  way  of 
proceeding,  and  the  only  one  that  could  answer 
the  end  in  view. 

Bir.  Trimblb,  in  reply  to  Mr.  Hopkinson,  said, 
'  he  could  not  doubt  the  power  of  the  Government 
to  protect  a  citizen,  even  by  making  reprisals  on 
the  snbjeeu  of  the  Government  holding  our  citi- 
zens in  bondage.  The  representatives  of  foreign 
Gk>vemment8  were  protected  by  our  laws  from 
Tiolent  outrage,  but  still  they  were  responsible 
agents,  and  the  law  of  this  coqntry  could  seize 
upon  a  Spanish  Consul,  or  anybody  else;  the 
law  was  sovereign,  and  could  do  anything  within 
oiir  own  limiu  but  exceed  the  pale  of  the  Con- 
stiintioo ;  then  make  a  law  for  the  case,  and  ev^y 
foreigner  as  well  as  citizen  must  submit  to  it. 
The  reverse  of  this,  Mr.  T.  said,  would  be  a  mon- 
sCroos  doctrine— for  it  was  impossible  to  believe 
that  the  Constitution  would  have  left  the  Gov- 
ernment without  this  power  of  protecting  our 
citizens  from  foreign  violence:  and,  though  he 
had  more  than  common  confidence  in  the  opin- 
lone  oi  the  gentleman  from  Pennsylvania,  he  must 
still  contend  that  the  proposed  measure  would  be 
perfeetly  Constitutional.  As  to  the  law  which 
aad  been  referred  to,  Mr.  T.  said  it  was  an  act  to 
anthorize  the  Executive  to  make  reprisals  upon 
French  aobjeou  in  a  time  of  peace.    The  gentle- 


man shakes  his  head,  said  Mr.  T..  but  were  we, 
he  asked,  more  at  war  with  France  then  than  we 
are  with  Spain  now?  Has  not  Spain  violently 
seized  a  national  ship,  the  Firebrand,  and  com- 
mitted many  acts  of  l^stility  more  than  we  re- 
ceived from  France  in  1799 1  Yet  reprisals  were 
authorized  against  French  subjects,  and  he  read 
the  act  to  show  that  it  was  a  measure  fully  at 
strong  as  the  one  he  now  proposed.  As  to  the 
mode  of  executing  the  measure,  Mr.  T.  said  there 
would  be  no  dimeulty  in  doing  a  thing  of  thie 
kind ;  it  might  be  done  by  application  to  a  court 
of  justice,  or  by  directing  the  Attorney  General 
to  oroceed  against  the  person  selected,  &e. 

Mr,  Sbbqbant,  of  Pennsylvania,  observed  that, 
if  there  was  no  other  objection  to  this  resolution, 
it  was  inexpedient  because  not  calculated  to  pro- 
duce the  effect  proposed.  As  to  the  act  of  1799, 
authorizing  the  Executive  to  retaliate  on  citizens 
of  the  French  Republic,  that  act  was  preceded  by 
a  series  of  hostile  acts  which  had  brought  us  into 
a  state  of  war  with  France,  very  different  from  the 
present  state  of  our  afiairs'with  Spain.  Our  com- 
mercial intercourse  was  suspended  with  France, 
letters  of  marque  were  issued,  and  her  vessels 
brought  in  for  condemnation ;  and  it  had  very  lately 
been  judicially  decided  by  the  Supreme  Coor^ 
in  a  case'l>efore  that  tribunal,  that  tbis  was  an  act 
of  war  against  France.  To  justify  the  propoeoi 
measure  by  precedent^  it  was  necessary  to  bring 
forward  a  case  of  reprisals  being  authorized  in  a 
stale  of  profound  peace.  But  this,  Mr.  S.  said, 
was  not  the  only  objection.  It  was  the  worst 
measure  that  could  be  adopted,  contemplating, 
as  it  must,  one  of  two  results.  If  you  seek  satis- 
faction by  arresting  a  Spanish  Consul,  yon  must 
remain  satisfied  with  that  act  of  retaliation. 
What  satisfaction  would  this  be  to  Mr.  Meade, 
or  how  would  it  bring  about  his  liberation?  But 
yon  have  then  taken  your  satisfaction,  and  if  it 
does  not  operate  in  favor  of  Mr.  Meade,  does  it 
in  favor  of  your  character?  Would  not  that 
character,  on  the  contrary,  suffer  injury  from 
such  a  step  ?  Certainly  it  wonld,  Mr.  S.  said, 
and  he  protested  acainst  this  doctrine  of  uking 
an  equivalent  by  seizing  an  innocent  man,  throw- 
ing him  in  jail,  and  there  keeping  him  until  the 
Spanish  Government  should  feel  someient  interest 
in  him  to  liberate  Meade.  But,  take  the  next  view 
of  the  case.  Suppose  you  donH  mean  to  be  satis- 
fied with  this  step,  if  it  should  not  prodnee  the 
efiect  of  restoring  Meade  to  liberty ;  are  yon  pre* 
pared  to  follow  up  the  measnra  with  war  ?  Con- 
sidered in  either  view^  Mr.  S.  thought  the  mea- 
sure injudicious.  Besides,  he  said  if  we  take  this 
step,  it  puts  us  on  bad  ground ;  because,  by  taking 
sausfaction  violently  before  we  seek  it  peaceablv, 
it  places  the  country  in  an  arrogant  posture  in 
the  view  of  the  world.  There  should  be  but  one 
step  taken  in  a  course  of  this  kind ;  do  not  take- 
this  first,  and  then  the  ulterior  measure  of  war. 
No,  if  war  was  intended,  go  to  it  at  once,  and  not 
begin  by  the  paltry  act  of  imprisoning  a  Spanish 
subject.  There  was  a  wide  difference  between 
an  act  of  retaliation  in  time  of  peace  and  war. 
In  the  latter  it  was  a  measure  in  temrenij  to 


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Ca$e  of  Richard  W.  Meade. 


April,  IBIB. 


pceTent  uojust  acts  on  the  part  of  the  eDemy. 
The  ExeeutiTe  had  demanded  the  liberation  of 
Meade,  and  it  was  proper  to  wait  the  answer  of 
Spain.  The  way  lor  the  Legislature  to  proceed 
in  the  mean  time,  was  to  announce  to  Spain,  that 
if  justice  be  not  dene  to  oar  citizen,  we  will  then 
support  the  Exeeutiye  in  any  proper  measures  he 
may  take  to  enforce  it;  not  go  forward  first  and 
tell  the  Bzecutire  what  that  course  must  be.  A 
further  objection  to  this  course  was,  Mr.  S. 
said,  that  we  should  enable  Spain  to  keep  the 
952^000  in  her  Treasury  which  was  withheld 
from  Meade,  just  as  long  as  she  should  prefer  the 
money  to  the  liberty  of  the  subject  whom  we 
shcMild  imprison,  and  that,  he  beliered,  would  be 
long  enough ;  besides  at  the  same  time  prolong- 
ing  equally  the  confinement  of  Meade.  Mr.  S. 
concluded  by  expressing  his  respect  for  the  hon- 
orable feelinffs  which  had  actuated  Mr.  Trimbls 
in  making  this  motion ;  but  he  was  obliged  to 
witkhold  his  approbation  from  the  proposition, 
as  one  which  his  judgment  could  not  sanction. 

Mr.  SvEifCBR,  of  New  York,  would  rote  for 
this  resolution^  he  said,  because  it  does  something, 
and  against  tbe  other  because  it  does  nothing. 
He  read  the  resolution  reported  by  the  commit* 
tee,  wbieh  declares  that  the  imprisonment  of 
Meiade  was  an  act  of  cruel  and  unjustifiable  op- 
pression. This,  he  said,  was  strong  language; 
and  what  did  the  committee  recommend  to  meet 
a  case  of  this  cruel  and  oppressire  character? 
Why,  simply,  that  they  would  support  the  Ex- 
eoutiTe  in  any  measures  which  be  might  deem 
proper  to  obtain  redress.  Mr.  S.  would  act  dif- 
ferently; he  wonld  not  leave  the  affair  to  a  war 
(tf  words  and  threats  and  proclamations.  The 
man  had  been  imprisoned  already  two  years, 
and  was  not  this,  Mr.  8.  asked,  long  enoueh  ? 
b  it  not  time  to  adopt  some  mode  of  enforc- 
ing' bis  release?  It  was  true,  we  had,  in  some 
GUses  of  injury,  waited  thirteen  years,  but  should 
we  be  thus  patient  in  every  case,  and  let  the 
present  off  with  empty  threats  ?  He  hoped  not. 

Mr.  Williams,  of  North  Carolina^  said,  he 
wonld  TOte  against  the  amendment  for  exactly 
the  same  reasons  as  Mr.  Spbnoir  had  given  for 
voting  in  its  favor.  The  first  resolution,  Mr.  W. 
tbougnt,  would  go  as  far  and  do  as  much  as  was 
at  present  proper.  It  announces  the  determina- 
tion of  this  House  to  support  the  President  in  any 
measures  which  he  shall  adopt  to  effect  the  ob- 
ject in  view.  What  more  could  or  ought  the 
Bouse  to  do?  Shall  we  go  to  war?  If  gentle- 
raien  intend  that,  let  them  come  forward.  Mr.  W. 
said,  distinctly  with  the  proposition.  This  House, 
be  conceived,  could  not  make  a  demand  of  the 
Spanish  Qovernment  for  the  liberation  of  Meade; 
it  would  be  going  out  of  the  line  of  their  duty. 
It  might  dmply  declare  its  resolution  to  support 
the  Executive  measures,  or  it  might  authorize 
letters  of  marque  and  reprisal  affainst  Spanish 
subjects  on  the  ocean ;  but  it  could  not  properly 
do  the  act  proposed  bv  the  motion  of  Mr.  Trim- 
■<«■•  Let  us,  he  said,  first  see  the  effect  of  the 
Bxeoutive  measures;  if  they  fail,  then  it  will  be 
rime  enough  to  adopt  the  ulterior  step. 


Mr.  Forsyth,  of  Georgia,  bad  no  donbt  of  the 
power  of  the  House  to  adopt  the^  resolution  pro^ 
pcMed  by  Mr.  Trimblb,  and  vest  the  President 
with  all  the  authority  that  the  law  of  nations  al- 
lowed any  nation  to  assume.  But  it  did  not  fol- 
low, because  we  had  the  right  that  it  was  proper 
to  exercise  it;  on  the  contrary,  this  would  be  op- 
posing the  injustice  of  a  foreifipa  Government,  by 
commtttinff  an  act  of  the  same  injustice  ourselves. 
Was  it  right,  he  asked,  to  visit  the  practical  sins 
of  Spain  upon  unoffending  persons  in  our  power, 
or  to  treat  unjustly,  cruelly,  and  inhumanly,  an 
innocent  man  residing  here,  because  Spain  had 
thus  treated  one  of  our  citizens  ?  In  a  state  of 
war,  Mr.  F.  said,  retaliation  was  justifiable,  but 
even  then  it  could  be  justified  by  nothing  but 
great  necessity ;  then  how  much  greater  the  ne- 
cessity which  would  authorize  it  in  a  state  of 
peace?  Admitting  that  this  measure  was  au- 
thorized, as  he  believed  it  was,  by  the  law  of  na- 
tions, still  we  ought  to  reject  it  if  It  be  inhuman 
and  aishonorable.  He  condemned  it.  because  it 
would  be  an  act  of  that  character,  and  becanse  it 
would  imitate  the  improper  conduct  of  another 
nation.  We  have,  said  Mr.  F.,  the  power  to  pun- 
ish Spain  herself;  why  not  exercise  that  power, 
instead  of  resorting  to  an  act  of  injustice  upon 
her  subjects  here?  If  we  are  to  do  anything,  let 
us  do  that  which  honor  demands,,  and  even  break 
the  Spanish  monarchy  to  pieces.  If  necessary,  to 
wrest  justice  from  her.  But  tnere  were  ocner 
considerations  to  be  taken  into  view.  The  crime 
of  Mc«ide  was  not  that  of  being  an  American,  as 
had  been  represented ;  but  it  appeared  that,  for 
some  transactions  in  the  course  of  his  business, 
he  had  been  imprisoned  by  the  judicial  tribunals 
of  Spain.  We  say  be  is  confined  unjustly.  Be 
It  so.  We  pronounce  the  decision  of  the  Span- 
ish courts  unjust,  and  what,  said  Mr.  F.,  d0  we 
propose  to  do  ?  To  lay  violent  hands  on  an  in- 
nocent man,  without  even  consulting  the  courts 
of  justice.  AH  men  residing  in  this  country,  Mr. 
F.  said,  were  answerable  to  the  civil  trilHinafs, 
and  they  could  be  confined,  and  even  put  to  death 
if  the  law  demanded  it;  but  wonld  it  be  an  aec 
of  justice  to  seize  an  innocent  man,  and  punish 
him  for  the  act  of  his  Government  ?  Put  the  eae^ 
to  ourselves,  Mr.  F.  said.  Suppose  a  Spanish 
subject,  residing  within  the  jurisdiction  of  one  of 
the  States,  is  arrested  and  imprisoned  for  some 
trmnsaetion  by  one  of  our  courts^  and  Spain  eom- 
plains  of  this  as  an  act  of  injustice,  and  demands 
that  he  be  liberated  from  prison,  or  absolved  from 
punishment  for  a  violation  of  our  laws,  would 
this  House  think  it  right  for  Spain  to  imprleon 
and  punish  one  of  our  citizens,  because  it  follow- 
ed a  bad  example  set  by  another  nation  ?  Let  us 
not,  said  he,  act  in  retaliation ;  do  not  seise  a 
consul,  or  other  Spanish  subject ;  but  if  the  House 
choose  to  adopt  violent  measures  to  efftet  Mr. 
Meade's  liberation,  there  were  other  ample  means 
to  do  it ;  lay  not  your  hands  on  an  innocent  in- 
dividual, but  rather  seize  all  her  property  withta 
your  reach,  and  hold  it  on  condition  of  restoring 
It  when  Mr.  Meade  should  be  released.  Bat  Mr. 
F.  thought  the  resolution  of  the  select  oommlttea 


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Proceedings, 


H.OVR. 


wtnt  far  enooi^.  This  resolution,  backed  by  the 
feeling  produced  throaghoat  the  country  by  the 
igiiation  of  the  subject,  would,  he  beliered,  pro- 
duce mil  the  effMt  which  would  be  produced  by 
Mr.  Tbimbli's  proposition ;  but,  if  we  are  to  go 
any  farther,  do  not,  said  Mr.  F.,  copy  the  cruelty 
and  injustice  of  the  nation  which  we  condemn. 

Mr.  Trimble,  in  the  course  of  some  remarlts 
in  reply  to  Mr.  Forstth,  said,  he  hoped  the  gen- 
tleman would  turn  out  to  be  a  true  prophet  re- 
apectiog  the  eflfect  he  anticipated  from  tne  com- 
iNued  operation  of  the  resolution  of  the  commit- 
tee^ ana  €i  the  public  feeling.  But  if  this  pro- 
phecy turned  out  no  better  than  what  the  gentle- 
man had,  on  another  occasion,  predicted,  about 
showing  the  responsibility  of  the  Spanish  Qot- 
ernment,  he  would  advise  him  nerer  to  come  be- 
yond the  Alleghany  mountains  in  the  character 
of  a  prophet.  But,  Mr.  T.  said,  the  gentleman 
from  Georgia  would  change  the  Spanish  Consul 
for  Florida,  and  thus  we  should,  in  effect,  sell  the 
liberty  of  a  citizen  for  a  little  paltry  land.  When, 
aaid  Mn  T.,  I  go  to  war,  it  shall  be  for  Cuba. 
Cuba,  said  he,  is  ihe  right  arm  of  the  United 
St^esy  cut  off^  and  Halifax  or  Nova  Seotia  the 
left,  and  they  must  one  day  be  reunited.  This, 
saM  he,  is  tbie  minimum  of  our  dreams  of  glory, 
and  that  American  who  thinks  upon  a  smaller 
scale  is  unworthy  of  the  name  of  statesman. 

Mr.  Forsyth  rose  in  reply,  and,  amongst  other 
remarks,  obserred,  that  he  had  not  played  the 
part  of  a  prophet.  It  was  true,  that  he  had  on  a 
former  occasion  intimated  that  he  should  endea- 
Tor  to  show  that  Spain  was  responsible.  He  re- 
gretted that  be  was  denied  the  opportunity  of  do- 
ing so ;  but  there  was  not  a  disposition  in  the 
House  to  make  her  responsible,  or  support  him  in 
the  attempt ;  could  he  have  done  it,  he  would ; 
but  he  had  found  the  effort  woold  be  useless. 
As  to  the  measure  he  had  suggested,  he  would 
not,  he  said,  exchange  one  free  citizen  for  all 
the  terricoiT  Spain  possessed ;  but  he  had  con- 
tended, end  still  thought,  that  the  seizure  of 
Spaniair  property,  and  holding  it  conditionally, 
wo«ld  be  more  humane,  and  would  produce  the 
liberation  of  our  citizen,  and  exact  justice  from 
Bpain  much  sooner  than  the  imprisoninent  of  an 
Innocent  inditidoal. 

The  question  was  then  taken  on  Mr.  Tbimblb's 
substitute,  and  decided  in  the  negative,  oalf  about 
fifteen  rising  in  its  favor;  and  the  resolution  re* 
ported  by  the  select  committee  was  agreed  to 
withoot  a  division. 

FntnitY,  April  10. 

Mr.  RoBisaTsoN  of  Louisiana,  from  the  Com* 
ttittee  on  the  Public  Lands,  reported  a  bill  for 
the  relief  of  Jonathan  D.  Essary  and  John  Sey- 
bold  ;  which  was  read  twice,  and  committed  to 
the  Committee  of  the  Whole,  to  which  is  com-* 
mitted  the  biU  supplemental  to  the  several  acu 
for  the  adjuatmeai  of  land  claims  ia  the  State 
of  Looiaiaaa  and  Territory  of  Missouri. 

Mr.  BpOMiMTaoH  of  Louisiana,  from  the  saaM 
committee^  to  which  was  referred  bills  from  the 


Senate  of  the  following  titles,  to  wit :  "An  act 
for  the  relief  of  Michael  Jones,"  and  ''An  act 
authorizing  the  disposal  of  certain  lots  of  the 
public  jprround  in  the  city  of  New  Orleans  and 
town  of  Mobile,"  reported  the  said  bills  without 
amendment. 

The  first  mentioned  bill  was  committed  to  the 
Committee  of  the  Whole,  to  which  is  commit* 
ted  the  bill  supplemental  to  the  several  acts  for 
the  adjustment  of  land  claims  in  the  State  of 
Louisiana  and  Territory  of  Missouri ;  and  the 
last  mentioned  bill  to  the  Committee  of  the 
Whole,  to  which  is  committed  the  bill  ei^ana- 
toryof  the  act  authorizing  the  sale  of  certain 

S'ounds  belonging  to  the  united  States,  ia  the 
ity  of  Washington. 

Mr.  H.  Nblson,  from  the  Judiciary  Commit- 
tee, reported  a  bill  to  authorize  the  appointment 
of  an  additional  judge  for  the  district  of  Georgia; 
which  was  twice  read,  and,  on  the  question  to 
enffross  the  bill  for  a  third  reading,  it  .was  deci- 
ded in  the  negative;  and  the  bill  was  rejected. 

Mr.  Inoham,  from  the  Committee  on  the  Post 
Offices  and  Post  Roads,  who  were  instructed  to 
inquire  into  the  expediency  of  permitting  the 
Governors  of  States  and  Territories  to  receive 
and  transmit  through  the  post  office  all  official 
communications  free  of  postage,  made  a  report 
thereon  ;  which  was  read,  and  the  TCsolutlon 
therein  contaiiked  was  concurred  in  by  the  House 
as  follows,  to  wit :  * 

Re»olvtd.  That  it  is  inexpedient  to  extend  the 

grivilege  ot  franking  to  the  Chief  Magistrates  of 
tatee  and  Territories. 

Mr.  Ingham,  reported  a  bill  to  extend  thepHv- 
ileee  of  franking  to  the  Secretary  of  the  Senate 
and  Clerk  of  the  House  of  Representatives; 
which  was  read  twice,  and  committed  to  a  Com- 
mittee of  the  Whole. 

On  motion  of  Mr.  Desha,  all  the  accounts  and 
papers  in  the  piossession  of  the  Clerk  of  this  House, 
in  relation  to  the  accounts  of  James  Thomas,  a 
Cluartermaster  Gkneral  in  the  army  during  the 
late  war,  were  referred  to  the  Attorney  General 
of  the  United  States. 

A  message  from  the  Senate  infonned  the  House 
that  the  Senate  have  passed  a  bill  eatilled  '^Ati 
act  for  the  relief  of  Samuel  1$".  Hooker,"  in  which 
they  a»k  the  concurrence  of  this  House. 

The  bill  was  read  twice  and  referred  to  the 
Committee  of  Claims. 

The  bill  from  the  Senate,  in  addition  to  an  act 
for  the  relief  of  John  Thompson ;  to  incorporate 
the  Mechanics'  Relief  Society  of  Alexandria ;  and 
to  repeal  part  of  the  act  to  provide  for  surveying 
the  coasts,  were  severally  read  the  third  time  and 
passed. 

Engrossed  bills  of  the  foUowiog  titles,  to  wit : 
An  act  for  the  relief  of  the  widow  and  children 
of  Jacob  Graeff  deceased  ;  An  act  for  the  relief 
of  Benjamin  Berry;  An  act  for  the  relief  of  Mary 
Sullivan;  An  act  for  the  relief  of  Jonathan 
Amory,  jr.,  and  the  representatives  of  Thomas 
C.  Amory,  deceased ;  An  act  to  incorporate  the 
Columbian  Institute  for  the  promotion  of  atts 
and  sciences;  An  act  to  authorize  the  payment 


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Cote  of  Judge  Van  Nei$^FugiHve9froin  Juttice. 


AnuL,  18ia* 


in  certaiD  cases,  on  account  of  Treasury  notes, 
which  have  been  lost  or  destroyed ;  ana,  an  act 
to  increase  the  pay  of  the  militia  while  in  actual 
service,  and  for  other  purposes ;  were  severally 
read  a  third  time  and  passed. 

An  engrossed  bill  for  the  relief  of  Josiah  Bui* 
lock  was  read  the  third  time,  and  rejected  by  the 
House. 

The  bill  for  the  relief  of  Henry  King  was  re- 
committed to  the  Committeeof  the  Whole,  passed 
through  the  Committee,  and  was  ordered  to  a 
third  reading. 

The  hill  for  the  relief  of  the  owners  of  the  ship 
Ariadne ;  the  bill  for  the  relief  of  Jonas  Harrison ; 
the  bill  for  the  relief  of  John  Dillon  i  the  bill  for 
the  relief  of  a  company  of  rangers ;  the  bill  for 
the  relief  of  Captain  Benjamin  Johnson  and  Cap- 
tain Henry  Gist ;  and  the  bill  for  the  relief  of  a 
.company  of  volunteer  cavalry,  passed  through 
Committees  of  the  Whole,  and  were  severally 
ordered  tp  be  engrossed  for  a  third  reading. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  disagreed  to  the  amendment 
proposed  by  this  House  to  the  bill,  entitled  "An 
act  to  make  valid  certain  acts  of  the  justices  of 
the  peace  in  the  District  of  Columbia."  They 
have  passed  the  bill,  entitled  "An  act  to  provide 
for  the  publication  of  the  laws  of  the  United 
States,  and  for  other  purposes."  with  amend- 
ments. They  have  also  passed'  bills  of  the  fol- 
lowing titles,  viz:  "An  act  for  the  relief  of  John 
Hall,  late  a  major  of  marines ;"  and  "An  act  in 
addition  to  an  act  to  prohibit  the  introduction  of 
slaves  into  any  port  or  place  within  the  jurisdic- 
tiim  of  the  United  States,  from  and  after  the  first 
day  of  January,  in  the  year  of  our  Lord,  1808, 
and  to  repeal  certain  parts  of  the  same ;"  in  which 
amendments  and  bills  they  ask  the  concurrence 
of  this  House. 

CASE  OF  JUDGE  VAN  NESS. 

Mr.  Spbncsb,  from  the  Judiciary  Committee, 
rote  and  stated  that  he  was  instructed  by  that 
committee  to  submit  the  following  resolution : 

**Re$oked^  That  a  committee  be  appointed  to  isfuire 
into  the  official  oendnct  of  William  P.  Van  Ness,  as 
Judge  of  the  southern  distnet  of  New  YoriL,  with  power 
to  send  for  pencms  and  papers ;  that  the  said  commit- 
tee shall  continue  during  the  present  Congress,  and 
MMj  report  at  the  present  or  ensuing  session^  l^  reso- 
lution or  otherwise." 

Mr.  S.  observed,  that  it  would  be  recollected  a 
rtsolntion  had  passed  the  Houae  early  in  the  pres- 
ent session,  directing  the  Judiciary  Committee  to 
inquire  into  the  disposition  of  the  fiinds  of  the 
district  court  of  the  southern  district  of  New 
York.  The  committee  had  performed  thatduty, 
and  had  reported  that  the  funds  "  had  been  nefa- 
riously purloined."  In  the  course  of  the  investi- 
gtion,  the  jconduct  of  the  judge  of  the  district 
d  beien  somewhat  implicated^  but  the  commit- 
tee considered  themselves  restricted  by  the  reso- 
lution to  the  conduct  of  the  clerk  onlv.  The 
committee,  therefore,  deemed  it  due  to  the  char- 
•Jter  of  the  judge,  as  well  as  to  the  dignity  of 
this  House,  that  the  inquiry  should  proceed,  and 


that  an  opportunity  should  be  given  to  the  judge 
to  vindicate  himself.* 

Mr.  H.  Nblson,  of  Virginia,  moved  to  insert 
the  name  of  William  Stevens,  judge  of  the  dis« 
trict  court  of  Georgia  ;  which  was  carried. 

Mr.  FoBSYTH  moved  to  insert  the  name  of 
Mathias  B.  Tallmadge,  judge  of  the  northern  dis* 
trict  of  New  York. 

Mr.  Sp£Ncer  cheerfuUf  assented  to  the  amend- 
ment, and  stated  as  a  reason  for  not  originally 
introducing  the  name  of  Judffe  Tallmadge,  that 
the  resolution  submitted  by  him  seemed  to  be  a 
necessary  consequence  of  the  resolution  originally 
directing  the  inquiries  of  the  Judiciary  Comnut- 
tee ;  that  Judge  Tallmadge  was  anxious  an  in- 
quiry should  be  made,  and  the  introduction  of  bin 
name  would  be  gratifying  to  him. 

A  motion  was  made  by  Mr.  Forsttb,  to  give 
the  committee  power  to  sit  durina  the  recess  ;  on 
which  a  discussion  arose  in  which  Mr.  FoaeYTH, 
Mr.  Holmes,  of  Massachusetts,  Mr.  Williajm, 
of  North  Carolina,  and  Mr.  Mbrcbr,  supported 
the  motion :  and  Mr.  Strotber  opposed  it;  and 
it  was  finally  lost. 

The  resolution,  as  amended,  was  then  ajpreed 
to,  without  a  division,  and  a  committee  of  ^w 
appointed  \  and  Mr.  Spencer,  Mr.  HopkinsoHi 
Mr.  LivERMORE,  Mr.  Williams,  of  Connecticut, 
and  Mr.  BLOoMPiELn,  were  appointed  the  said 
committee. 

FUGITIVES  FROM  JUSTICE. 

A  motion  was  made  by  Mr.  Pindall,  that  the 
House  do  now  proceed  to  consider  the  amend- 
ments proposed  bv  the  Senate,  to  the  bill,  entitled 
"An  act  to  provide  for  delivering  up  persoiu  held 
to  labor  or  service  in  any  of  the  States  or  Terri- 
tories, who  shall  escape  into  any  other  State  or 
Territory  :"  And  the  question  being  taken  there- 
on, it  was  determined  in  the  negauve— -yeas  63^ 
nays  73,  as  follows : 

YsAS — Messis.  Abbott,  Austin,  Baldwia«.  Bassett, 
Bloomfield,  Blount,  Colston,  Cook,  Culbretb,  Beshe, 
Earle,  Floyd,  Fom^,  Forsyth,  Oaraett,  Hall  of  Nortk 
Carolina,  Herbert,  Hogg,  Johnson  of  Virginia,  Johnaoa 
of  Kentucky,  Linn,  Little,  Lowndes,  MeCoy,  Mai^- 
and.  Mason  of  Massachusetts,  Mercer,  ifiA^t^tfim^ 
Miller,  Moore,  Mumibrd,  H.  Nelson,  T.  M.  Nebon» 
Ogle,  Owen,  Parrott,  Peter,  Pindall,  Pleasanto,  Pom- 
dexter,  Reed,  Rhea,  Ringgold,  Robertson  of  Louiriaiia, 
Ruggles,  Sampson,  Sawyer,  Settle,  Simkins,  Slocnmb, 
8.  Smith,  BaOard  Smith,  Alexander  Smyth.  J.  S. 

*  J.  C.  SFxircxm  reauests  the  editors  of  the  Intelli- 
goicer  to  state,  that  the  substance  of  his  remarks  oa 
submitting  the  resolution  of  inquiry  into  the  conduct 
of  the  judge  of  the  southern  district  of  New  YodL,  as 
published  in  that  paper,  has,  as  he  is  informed,  beat 
misunderstood.  It  was  not  intended  by  hun  to  com- 
municate the  idea,  that  the  Judldary  Committee 
thought  there  was  evidence  of  criminall^r  in  Judge  Yen 
Ness,  before  the  committee ;  such  an  idea  would  have 
been  inconsistent  with  the  sentiments  expre«ed  bj 
dto  committee.  He  meant  to  be  understood,  that  tlieie 
was  evidence  which  justified  an  inquiry,  that  was  dtie 
as  well  to  the  judge  as  to  the  judieud  ckaiacter  c€  the 
country. 


Digitized  by 


Google 


1717 


HISTORY  OF  OONGRBSS. 


1718 


ApBit,  1818. 


Ndvigatum  Bill. 


H.OPR- 


Smith,  Bpfed,  Spencer,  Stewart  of  North  CtroUne, 
8troth«r,  Trimble,  Tucker  of  South  Caroline,  Tyler, 
Walker  of  North  Carolina,  and  WilUame  of  North 
Carolina. 

Nats — ^Meesre.  Adama,  AUen  of  Vermont,  BaU, 
Bateman,  Bennett,  Boden,  Boee,  Campbell,  Clagett, 
Crafts,  Cmger,  Darlington,  Drake,  EUicott,  Gage, 
Hale,  HaU  of  Delaware,  Hasbrouck,  Hendricks,  Her- 
kimer, Hieeter,  Hitchcock,  Holmee  of  Maaeachneetta, 
Holmeeof  Connecticat,  Ho|kkinaon,  Habbard,  Hunter, 
Huntingum,  Ingham,  Imng  of  New  York,  Jones, 
Kinsey,  Kirtland,  Lawyer,  LiTermere,  W.  Maclay,  W. 
P.  Maclay,  Mason  of  Rhode  Island,  Merrill,  Morton, 
Moseiey,  Mnnay,  Jeremiah  Nelson,  Palmer,  Patter- 
len,  Pawling,  Pitkin,  Porter,  Rice,  Rich,  Richards, 
Rogers,  Savage,  Scudder,  Sergeant,  Shaw,  Sherwood, 
8iliftie«,  Tallmadge,  Tarr,  Taylor,  Tomkins,  Town* 
send,  XJeham,  Wallace,  Wendover,  Westerlo,  White- 
side, Whitman,  Williams  of  Connecticat,  Williams  of 
New  York,  Wilson  of  Massachusetts,  and  Wilson  of 
PennsylTania. 

NAVIGATION  BILL. 

The  House  then  resolred  itself  into  a  Com* 
mittee  of  the  Whole  on  the  bill  from  the  Senate 
eoocerning  navigatioo. 

Mr.  FoRSTTB  rose,  and,  having  declared  his 
preference  for  this  bill  over  that  reported  in  this 
Hoase  on  the  same  subject,  proceeded  to  support 
the  bill  in  a  speech  of  considerable  length.  Mr. 
F.  did  so  in  consideration  of  that  biU  having 
been  already  acted  on  in  one  branch  of  the  Le- 
gislature, and  of  the  extraordinary  unanimity 
with  which  it  had  passed  that  branch  ;  not  that 
he  thought  it  preferable  to  the  bill  reported  by 
the  Committee  of  Foreign  Relations  in  the 
House ;  on  the  contrary,  he  believed  the  details 
of  the  latter  bill  better;  but,  under  the  circum- 
stances mentioned  above^  and  having  the  same 
object,  he  thought  it  adrisable  to  pass  the  former. 

Mr.  HoLMBB,  of  Massachusetts,  neit  rose,  and 
intimatinff  an  intention  to  enter  into  the  subject 
at  a  length  too  great  to  be  completed  to-day,  (it 
being  4  o'eloekj  a  motion  was  made  that  the 
Committee  rise,  that  Mr.  H.  might  commence 
his  remarks  to-morrow ;  but  the  Committee  re- 
fused, by  a  majority  of  10,  to  rise.  Mr.  Holmes 
then  made  his  remarks  in  opposition  to  the  bill,  at 
some  length.  Mr.  H.  was  followed  by  Mr.  Sils- 
BBB  and  by  Mr.  Clay,  both  decidedly  in  favor  of 
the  bill. 


Saturday,  April  11. 

Mi.  Imqbam,  from  the  Committee  on  the  Post 
Office  and  Post  Roads,  who  were  insuueted  to 
iaqoire  into  the  eipedieocy  of  establishing  in  one 
of  Ike  Western  States  a  branch  of  the  General 
Post  Office,  for  the  purpose  of  making  contracts 
for  the  conveyance  of  the  mail,  and  to  correct 
abuaes  in  that  department,  made  a  report  unfa- 
Tonible  to  such  a  measure ;  which  was  read  and 
ordered  to  lie  on  the  table. 

Mr.  LowNDce,  from  the  Committee  of  Ways 
aid  Means,  reported  a  bill  supplementary  to  the 
several  acts  making  appropriations  for  the  year 
1818 ;  which  wa»  read  twice,  and  committed  to 
a  Committee  of  the  Whole. 


Mr.  PoiNDEXTER,  from  the  Committee  on  Pri- 
vate Land  Claims,  to  which  was  referred  the  bill 
from  the  Senate,  entitled  "An  act  confirming 
Anthony  Cavalier  and  Peter  Petit  in  their  claim 
to  a  tract  of  land,''  reported  the  same  without 
amendment,  and  the  bill  was  ordered  to  lie  on 
the  table. 

The  Committee  of  the  Whole,  to  which  is 
committed  the  bill  to  increase  the  auties  on  cer- 
tain manufactured  articles  imported  Into  the 
United  States,  were  discharged,  and  the  said  bill 
was  committed  to  the  Committee  of  the  Whole, 
to  which  is  committed  the  bill  to  increase  the 
duties  on  iron  in  bars  and  bolts,  iron  in  pigs, 
castings,  nails,  and  alum,  and  to  disallow  the 
drawback  of  duties  on  the  re-exportation  of  gun- 
powder. \ 

Mr.  Babboi^r,  of  Virginia,  from  the  committee 
to  whom  was  referred  the  Message  of  the  Presi- 
dent of  the  United  States  of  the  27th  of  March, 
1818,  and  accompanying  documents  upon  the 
subject  of  the  expense  incurred  under  the  4th, 
5th,  6th,  and  7th  articles  of  the  Treaty  of  Qhenu 
with  instructions  to  inquire  into  the  nature  and 
causes  of  said  expenses,  and  into  the  principles 
upon  which  the  Commissioners  under  the  6th 
and  7th  articles  of  said  treaty  have  proceeded  in 
the  execution  thereof,  made  a  report  thereon; 
which  was  read  and  referred  to  a  Committee  of 
the  Whole  on  Tuesday  next. 

The  bill  from  the  Senate,  entitled  ^An  act  for 
the  relief  of  John  Hall,  late  a  major  of  noarines^" 
was  read  twice,  and  referred  to  thA  Committee  of 
Claims. 

The  bill  from  the  Senate^  entitled  ''An  act  in 
addition  to  'An  act  to  prohibit  the  introdaction  of 
slaves  into  any  port  or  place  within  the  jurisdic- 
tion of  the  United  States,  from  and  after  the  1st 
day  of  January,  in  the  year  of  our  Lord  1808,' 
and  to  repeal  certain  parts  of  the  same,"  was  read 
twice,  and  referred  to  the  Committee  on  the 
Judiciary. 

The  amendments  proposed  by  the  Senate  to 
the  bill,  entitled  "An  act  to  provide  for  the  pub- 
lication of  the  laws  of  the  United  States,  and  for 
other  purposes,"  were  read,  and  referred  to  the 
Committee  on  the  Judiciary. 

The  House  took  up  and  proceeded  to  consider 
the  message  from  the  Senate,  announcing  their 
disagreement  to  the  amendment  proposed  by  this 
House  to  the  bill,  entitled  "An  act  to  make  valid 
certain  acts  of  tne  justices  of  the  peace  in  the 
District  of  Columbia ;"  whereupon  the  House  re- 
solved that  it  insist  on  their  said  amendment,  and 
ask  a  conference  with  the  Senate  upon  the  sub- 
ject matter  thereofi  and  that  managers  be  ap- 
pointed to  attend  the  said  conference  on  the  part 
of  this  House ;  and  Messrs.  Pirdall.  Hebbbrt, 
and  TrimblB)  were  appointed  the  said  managers. 

The  report  of  the  Secretary  of  State,  upon  the 
petition  of  Jonathan  Elliot,  together  with  the 
said  petition,  was  referred  to  a  select  committee, 
and  Messrs.  Bubwbll,  Jobmson,  of  Kentucky, 
and  SmKiNa,  were  appointed  the  said  committee* 

Engrossed  bills  of  the  following  titles,  to  wit : 
An  act  for  the  relief  of  Jelm  Dilltn ;  An  act  for 

Digitized  by  VjOOQIC 


1719 


fflSTORY  OP  CONGRESS. 


1720 


H.ofR. 


Ship  Ariadne— Navigation  Bill. 


April,  1818. 


the  relief  of  Jonas  Harrison ;  An  act  for  the  re- 
lief of  a  Company  of  Rangers ;  An  act  for  the 
relief  of  Captain  Henry  Gist  and  Captain  Ben- 
jamin Johnson ;  An  act  for  the  relief  of  volun- 
teer mounted  cavalry ;  and  An  act  for  the  relief 
of  Henry  King;  were  severally  read  the  third 
time,  and  passed. 

SHIP  ARIADNE. 

An  engrossed  bill  for  the  relief  of  the  owners 
of  the  ship  Ariadne  and  her  cargo  was  read  the 
third  time.  And  on  the  ques^tion,  Shall  it  pass  ? 
it  was  determined  in  the  negative — yeas  62,  nays 
82,  as  follows : 

YxAS — Meaan.  Adams,  Allen  of  Massachnsetts, 
Aattin,  Baldwin,  Bloomfield,  Butler,  Campbell,  Dar* 
lington,  Hall  of  Delaware,  Herkimer,  Holmes  of  Con- 
necticut, Hopkinaon,  Huntington,  Irving  of  New 
York,  Kirtland,  Lawyer,  Linn,  Livermore,  Lowndes, 
Mason  of  Rhode  Island,  Mercer,  Miller,  Moseley,  J. 
Nelson,  Ogden,  Pawling,  Peter,  Pindall,  Pitkin,  Pleas* 
ants,  Poindexter,  Reed,  Rice,  Richards,  Ruggles,  Saw- 
yer, Schuyler,  Sergeant,  Seybert,  Sherwood,  Slocumb, 
8.  Smith,  ^exander  Smyth,  Stewart  of  North  Caro- 
lina, Stuart  of  Maryland,  Terry,  Townsend,  Upham, 
Westerlo,  Whitman,  Williams  of  Connecticut,  and 
Wilson  of  Massachusetts. 

Nats — Messrs.  Allen  of  Vermont,  Ball,  Barbour 
of  Virginia,  Bassett,  Bennett,  Blount,  Boden,  Clagett, 
Oomttock,  Cook,  Crafts,  Crawford,  Cruger,  Culbreih, 
Desha,  Earle,  Edwards,  Ellicott,  Ervin  of  South  Ca- 
rolina, Floyd,  Folgcr,  Forney,  Forsyth,  Gage,  Gar- 
nett.  Hale,  Hall  of  North  Carolina,  Harrison,  Has- 
bronek,  Hendricks,  Herrick,  Hiester,  Hogg,  Hubbard, 
Hunter,  Ingham,  Johnson  of  Virginia,  Jones,  Kinsey, 
Little,  W.  Maday,  W.  P.  Maclay,  McCoy,  Marchand, 
Merrill,  Moore,  Mumford,  Murray,  H.  Nelson,  T.  M. 
Nelson,  Ogle,  Owen,  Patterson,  Porter,  Quarles,  Rhea, 
Rich,  Ringgold,  Robertson  of  Louisiana,  Rogers,  Samp- 
son, Savage,  Scudder,  Settle,  Shaw,  Simkins,  B.  Smith, 
Southard,  Speedy  Strong,  Tallmadge,Tarr,  Tompkins, 
Tucker  ofSouth  Carolina,  Tyler,  Wallace,  Wendover, 
Whiteside,  Williams  of  New  York,  Williams  of  North 
Carolina,  Wilkin,  and  Wilson  of  Pennsylvania. 

So  the  bill  was  rejected. 

NAVIGATION  BILL. 

The  Hoase  then  went  into  the  consideration  of 
the  bill  fron>  the  Senate,  "concerning  naviga- 
tion." which  was  yesterday  reported  to  the  House 
by  the  Committee  of  the  Whole,  without  amend- 
ment. 

The  bill  being  now  put  on  its  passage  to  a 
third  reading,  Mr.  Pitkin  rose,  and  spoke  more 
than  an  hour  in  its  support. 

The  question  on  ordering  the  bill  to  a  third 
reading  was  then  taken  and  decided  in  the  affirm- 
atire— yeas  123,  nays  16,  as  follows : 

YiAs— Messrs.  Abbott,  Allen  of  MaasachusetU,  Al- 
len of  Vermont,  Baldwin,  Barbour  of  Virginia,  Barber 
of  Ohio,  Bassett,  Bateman,  Bennett,  Bloomfield,  Bo- 
deD»  Butler,  Campbell,  Clagett,  Colston,  Comstock, 
Cradftf,  Crawford,  Cruger,  Culbreth,  Cushman,  Dar- 
lington, Desha,  Drake,  Earle,  Edwards,  Floyd,  Folger, 
Forney,  Forsyth,  Gage,  Hale^  Hall  of  Delaware,  Has- 
Immek,  Hiester,  Hitchcock,  Hogg,  Holsies  of  Con- 
neitfkut,  Hopkhison,  Hubbard,  Hunter,  Huntington, 
In^uoB,  Irving  of  New  York,  Johnaon  of  Kentnckry 


Kinsey,  Kirtland,  Lawyer,  Lewis,  Linn,  Little,  Liv- 
ermore, Lowndes,  W.  Maclay,  W.P.Maclaj,McCoy, 
Marchand,  Mason  of  Rhode  Island,  MemH,  MHler, 
Moore,  Morton,  Moseley,  Mumford,  Murray,  Jeremiah 
Nelson,  H.  Nelson,  T.  M.  Nelson,  New,  Ogden,  Owen, 
Palmer,  Parrott,  Patterson,  Pawling,  Pindall,  Pifkin, 
Pleasants,  Poindexter,  Porter,  Queries,  Reed,  Rhea, 
Rich,  Richards,  Ringgold,  Robertson  of  Louisiana, 
Rogers,  Ruggles,  Sampson,  Savage,  Scudder,  Ser- 
geant, Settle,  Seybert,  Shaw,  Sherwood,  Silsbee,  Sim- 
kins,  Samuel  Smith,  Bal.  Smith,  Alexander  Smyth, 
J.  S.  Smith,  Southard,  Sjpencer,  Strong,  Strother,  TaU- 
madge,  Tarr,  Taylor,  Terry,  Tompkins  Townsend, 
Tyler,  Upham»  Walker  of  Kentuc^,  Wallace,  Wen- 
dover, Whiteside,  Whitman,  Williams  of  New  Tprk, 
Williams  of  North  Carolina,  and  Wilkin. 

Nats — Messrs.  Adams,  Austin,  Elfioott,  Brrin  of 
South  Carolina,  Gamett,  Hall  of  North  CiroliBa, 
Harrison,  Hendricks,  Herrick,  Holmes  of  Massadra- 
setts,  Johnson  of  Virginia,  Mercer,  Peter,  Rice,  Stew- 
art of  North  Carolina,  and  Wilson  of  Manadiusetts. 

The  bill  being  thus  ordered  to  a  third  reading, 
was  forthwith  read  a  third  time,  and  passed. 


Monday,  April  13. 

Mr.  Lowndes,  from  the  Committee  of  Ways 
and  Means,  to  which  were  referred  the  bills  from 
the  Senatej  entitled  ^*An  act  for  the  relief  of  the 
nresidentand  directors  of  the  Merchants' Bank  of 
Newport,  in  Rhode  Island,"  and  ^*An  act  for  the 
relief  of  Louis  and  Antoine  Duquindue,"  reported 
the  same  without  amendment,  and  they  were 
committed  to  a  Committee  or  the  Whole  to- 
morrow. 

Mr.  Hugh  Nelson,  from  the  Committee  on  the 
Judiciary,  to  which  were  referred  the  amend- 
ments proposed  by  the  Senate  to  the  bill,  entitled 
"An  act  to  provide  for  the  publication  of  the  laws 
of  the  United  States,  and  for  other  purposes," 
made  a  report ;  whereupon  it  was  resolred  that 
they  concur  in  all  the  said  amendments,  except 
the  two  latter,  to  which  they  disagree. 

A  message  from  the  Senate  informed  the  Hoase 
that  the  Senate  have  passed  a  bill,  entitled  "Aq 
act  to  suspend,  for  a  limited  time,  the  sale  or  for- 
feiture of  lands  for  failure  in  completing  the  pay- 
ment thereon,"  in  which  they  ask  the  concur- 
rence of  this  House. 

The  said  bill  was  read  twice,  and  referred  to 
the  Committee  on  the  Public  Lands. 

Mr.  Hugh  Nelson,  from  the  same  committee, 
to  which  was  referred  the  bill  from  the  Senate, 
entitled  '*An  act  in  addition  to  an  act  to  prohibit 
the  introduction  of  slaves  into  any  port  or  place 
within  the  jurisdiction  of  the  United  StateS|froin 
and  after  the  first  day  of  January,  in  the  year  of 
our  Lord  1808,  and  to  repeal  certain  parte  of  the 
same,"  reported  the  said  bill  with  two  amend- 
ments; which  were  read  and  concurred  in  by 
the  House,  and  the  bill  was  ordered  to  lie  on  the 
table. 

Ordered,  That  the  Committee  of  the  Whole, 
to  which  are  committed  the  bill  supplementary 
to  an  act  regulating  duties  on  importe  and  ton- 
nage^ passed  the  27th  of  April,  1816 ;  the  htUaup- 
plementary  to  an  act,  entitled  ''An  act  to  reflate 


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ini 


HZSTOBY  OF  C(»raRS98. 


17?l 


Apbil,  1818. 


Land  CUumg^fe, 


H.  ofR. 


the  eolleetioQ  of  duties  on  imposu  and  tonoage, 
passed  the  2d  day  of  March,  1799;"  aid  the  hiU 
providiog  for  the  deposite  of  wines  aod  distilled 
spirits  in  public  warehouses,  be  discharged,  and 
tnat  the  first  mentioned  bill  be  postponed  indefi- 
niteW,  and  that  the  two  latter  lie  on  the  table. 

The  bill  for  the  relief  of  James  Mackey  was 
taken  np  and  ordered  to  be  engrossed. 

Mr.  BAsaETT  made  an  unsuccessful  motion 
to  take  up  the  report  of  the  Committee  on  Pen- 
sions^ naiavorable  to  the  petition  of  Richard  G, 
Morrjs. 

The  bill  for  the  relief  of  Isaac  Briggs  passed 
through  the  Committee  of  the  Whole,  and  was 
ordered  to  a  third  reading. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  pdssed  a  bill  of  this  House, 
eati^^  "An  act  in  addition  to  the  act  lor  the 

gnnithment  of  certain  crimes  against  the  United 
itates,  and  to  repeal  the  act  therein  mentioned," 
with  amendments,  in  which  they  ask  the  concur* 
renca  of  this  House.  They  have  agreed  to  the 
conference  asked  by  this  House,  upon  the  subject- 
matter  o£  the  disagreeing  rote  of  the  two  Houses, 
on  the  amendment  depending  to  the  bill,  entitled 
''An  act  to  make  yalia  ceruin  acts  of  the  justices 
of  the  peace  of  the  District  of  Columbia.'^ 

The  House  went  into  a  Committee  of  the 
Whole,  on  the  bill  for  the  relief  of  John  B.  Dab* 
ney •  The  bill  was  reported^  without  amendment, 
and  ordered  to  be  engroseed  aad  read  a  thiro 
time. 

The  bill  for  the  relief  of  Thomas  Carr,  was 
eoiuidered  in  Committee  of  the  Whole^  and  the 
House,  having  refused  the  Committee  leave  to  sit 
again  on  the  bill,  laid  it  on  the  table. 

The  bill  in  addition  to  an  act  giving  pensions 
to  the  widows  and  orphans  of  peisons  slain  in 
the  public  and  private  armed  vessels  of  the  Uai- 
ted  States,  passed  through  a  Committee  of  the 
Whole^  and  was  ordered  to  be  engrossed. 

This  Committee  was,  on  motion,  discharged 
from  the  consideration  of  the  petiuons  of  Mrs. 
Lawrence  and  Mrs.  Arundel,  and  the  petitions 
laid  on  the  table. 

The  House  then  went  into  a  Committee  of  the 
Whole  on  the  bill  repealing  so  much  of  an  act  as 
allows  pav  an4  emolumenu  to  brevet  rank,  and 
on  the  Dill  from  the  Senate  "  regulating  the  pay 
aad  emolumenu  of  brevet  rank." 

The  Committee  rose  and  reported  the  bills 
without  amendment;  when  the  bill  last' men- 
tioned, (torn  the  Senau,  was  ordered  to  a  third 
reading  and  the  former,  the  bill  of  this  House, 
postponed  indefinitely. 

The  House  next  resolved  itself  into  a  Commit- 
tee of  the  Whole  on  the  bill  to  increase  the  duties 
on  imported  iron  in  bars  and  bolts,  iron  in  pigs, 
castings,  nails,  and  alum,  and  to  disallow  the 
dmwbaek  of  duties  on  the  re-eiportation  of  gun- 
powder. 

The  discussion  of  the  object  of  this  bill,  and 
of  the  details,  consumed  more  than  two  hours ; 
in  which  Messrs.  Clat.  KuiaBY.  Smith  of  North 
Carolina,  Smith  of  Marylano,  Mobton,  aad 
SanoBAMT,  were  the  most  active. 


The  Committee  rose  without  taking  any  qites* 
tion,  and  obtained  leave  to  sit  again. 

Mr.  Slocumb,  from  the  managers  on  the  part 
of  this  House,  on  the  disagreeing  votes  of  the 
two  Houses,  on  the  amendments  of  this  House 
to  the  bill  directing  the  mode  of  appointing  In- 
dian agents,  dbc,  made  a  report,  which  was,  read, 
and  ordered  to  lie  on  the  table. 

LAND  CLAIMS,  Ac 

The  House  then  went  into  a  Committee  of  the 
Whole  on  the  bill  *^  supplementary  to  the  seve- 
ral acts  for  the  adjustment  of  land  claims  in 
the  State  of  Louisiana  and  Territory  of  Mis- 
souri." [The  general  object  of  the  bill  is  to  au- 
thorize Boards  of  Commissioners  to  adjust  all 
land  claims  of  certain  classes,  in  Louisiana  and 
Missouri,  but  in  fourteen  long  sections  embraces 
a  variety  of  details,  confirming  and  adjusting 
certain  other  land  claims  under  French  and 
Spanish  grants.] 

Mr.  Lowndes,  not  from  anv  hostility  to  the 
bill,  or  its  objects,  which  he  dia  not  go  into  the 
consideration  of,  but  from  a  belief  that  it  was 
impossible,  at  this  late  period  of  the  session,  to 
bestow  the  proper  attention  on  the  multifarious 

{provisions  of  the  bill,  or  act  on  them  with  a  de- 
iberation  necessary  to  act  safely,  moved  that 
the  Committee  rise  and  report  the  bill,  that  it 
might  be  laid  by  for  the  present  session. 

Mr.  Robertson,  of  Louisiana,  and  Mr.  Poin- 
DBXTER,severaIlv  opposed  the  motion,  and  urged 
the  proprietor  or  acting  on  the  bill  during  the 
present  session,  as  the  object  was  one  of  great 
interest  to  many  of  the  inhabitants  of  Lousiana 
and  Missouri. 

Without  taking  a  question  on  Mr.  Lowndes's 
motion,  which  was  withdrawn,  the  Committee 
passed  by  this  bill ;  snd 

The  Committee  then  took  up,  in  succession, 
the  bill  for  adjusting  the  claims  to  land  and  estab- 
lishing land  offices  in  the  district  east  of  the 
island  of  Orleans;  the  bill  for  the  relief  of  Jona- 
than D.  Essary  and  John  Seybold  ;  and  the  bill 
from  the  Senate  for  the  relief  of  Michael  Jones. 
The  Committee  then  rose,  and  reported  these 
bills  to  the  House. 

The  two  bills  first  named,  were  then,  after 
some  opposition  from  Mr.  Robertson  and  Mr. 
PoiNDBXTER,  laid  on  the  table,  and  the  two  bills 
last  named,  ordered  to  be  engrossed  for  a  third 
reading. 

And  then  the  House  adjourned. 

TuBflOAY,  April  14. 

The  Spbakbr  laid  before  the  House  a  letter 
from  Edwin  Lewis,  soliciting  the  House  to  tike 
into  consideration  the  charges  preferred  by  him 
at  the  last  session,  against  Hsrry  Toolmin,  a 
Judge  in  the  late  Territory  of  Mississippi,  and  at 
present  a  Judge  in  the  Territory  of  Alabama,  and 
stating  that  he  is  prepared  to  substantiate  the  said 
charges.~Referred  to  the  Committee  on  the 
Judiciary.  ,  .  . 

Mr.  H.  Nelson,  presented  a  memorial  of  the 
clerks  employed  in  the  Biecutive  offices  of  the 


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1728 


mSTORT  OF  C0N0BBS8. 


1724 


H.opR. 


Prmseedifigi. 


April,  1818. 


GtoTerDment  at  Washington,  praying  for  an  in- 
crease of  compensation. — Referred 

Mr.  Williams,  of  North  Carolina,  from  the 
Committee  of  Claims,  reported  a  bill  for  the  re- 
lief of  Samuel  H.  Harper,  which  was  read  twice, 
and  committed  to  a  Committee  of  the  Whole,  to 
which  is  committed  the  bill  for  changing  the 
compensation  of  the  registers  and  receirers  of 
land  offices. 

Mr.  Inobam,  from  the  Co^mmittee  on  the  Post 
Office  and  Post  Roads,  reported  a  bill  to  increase 
the  compensation  of  deputy  postmasters  in  cer- 
tain cases  ;  which  was  read  twice,  and  ordered 
to  be  engrossed,  and  read  a  third  time  tomorrow. 
Mr.  SfiTBBRT,  from  the  Committee  of  Com- 
merce and  Manufactures,  reported  a  bill  making 
the  port  of  Bath,  in  Massachusetts,  a  port  of  entry 
for  ships  or  vesseb  arriring  from  the  Cape  of 
Good  Hope,  and  from  other  places  beyond  the 
same ;  and  for  establishing  a  collection  district, 
whereof  Belfast  shall  be  the  port  of  entry  ;  which 
was  read  twice,  and  ordered  to  be  engrossed,  and 
read  a  third  time  to-morrow. 

Mr.  H.  Nelson,  from  the  Committee  on  the 
Judiciary,  who  were  instructed  to  inquire  what 
fees  hare  been  charged  and  received  by  the  dis- 
trict attorney  of  the  southern  district  of  the  State 
of  New  York,  in  prosecutions  brought  by  him 
against  retailers  of  spirits,  for  vending  them  with- 
out license ;  and  also,  what  fees  have  been  re- 
ceived and  charged  by  the  other  officers  of  the 
United  States,  in  the  said  southern  district  of  the 
State  of  New  York;  and  who  were  further  in- 
structed to  prepare  and  report  a  bill  of  fees  for 
the  officers  of  the  United  States,  in  the  courts  of 
the  United  States,  made  a  report;  which  was 
read,  and  ordered  to  lie  on  the  table. 

Mr.  Robertson,  of  Louisiana,  from  the  Com- 
mittee on  Public  Lands,  to  which  was  referred 
the  bill  from  the  Senate,  entitled  "An  act  to  sus- 
pend, for  a  limited  time,  the  sale  or  forfeiture  of 
lands  for  failure  in  completing  the  payment  there- 
on," reported  the  same  without  amendment,  and 
the  bill  was  ordered  to  be  read  a  third  time  to- 
morrow. 

Mr.  Lowndes,  from  the  Committee  of  Ways 
and  Means,  reported  amendments  to  be  proposed 
to  the  bill  supplementary  to  the  several  acts  rela- 
tive to  direct  taxes  and  internal  duties ;  which 
were  read  and  ordered  to  lie  on  the  table. 

On  motion  of  Mr.  Taylor,  the  Committee  of 
the  Whole  were  discharged  from  the  further  con- 
sideration of  the  report  of  the  select  committee 
appointed  to  inquire  into  the  expenses  incurred 
under  the  4th,  5th,  6th,  and  7th  articles  of  the 
Treaty  of  Ghent,  and  the  same  were  referred  to  a 
select  coounittee ;  and,  Mr.  Tatlob,  Mr.  Wil- 
hUU9  of  Connecticut,  Mr.  Claibormb,  Mr.  Rioh, 
Mr.  Morton,  Mr.  Sbbrwood,  and  Mr.  Ballard 
Smith,  were  appointed  the  said  committee. 

Mr.  Smith,  ol  Maryland,  laid  before  the  House 
an  act  of  the  Parliament  of  Qreat  Britain,  enti- 
tled "An  act  to  allow  British  plantation  sugar 
and  coffee  imported  into  Bermuda  in  British 
ships,  to  be  exported  to  the  territories  of  the 
United  States  of  America  iA  foreign  ships  or 


vessels,  and  to  permit  articles  the  production  of 
the  said  United  States,  to  be  imported  into  the 
said  island  in  foreign  ships  or  vessels,"  passed  on 
the  1st  of  July,  1812;  which  was  ordered  to  lie 
on  the  table,  and  be  printed  for  the  use  of  the 
members  of  Congress. 

Bills  of  the  Senate,  of  the  following  titles,  to 
wit :  An  act  relating  to  the  pay  and  emolumenu 
of  brevet  officers ;  An  set,  in  addition  to  an  act, 
givioff  pensions  to  widows  and  orphans  o(  per- 
sons flam  in  the  public  or  private  armed  veaoels 
pf  the  United- States;  and,  An  act  for  the  relief 
of  Michael  Jones  $  were  severally  read  the  third 
time,  and  pMsed. 

The  bill  from  the  Senate,  entitled  "An  act  for 
the  relief  of  Isaac  Briffgs,.''  was  read  a  third  time, 
and  passed  as  amended. 

Engrossed  bills  of  the  following  titles,  to  wit: 
An  act  for  the  relief  of  James  Mackaj,  of  the 
Missouri  Territory ;  An  act  for  the  relief  of  John 
B.  Dabney ;  and.  An  act  for  the  relief  of  Jona- 
than D.  Essary  and  John  Sevbold,  were  severally 
read  a  third  time,  and  passed. 
On  motion  of  Mr.  Mibrobr, 
Reiolvedj  That  the  Secretary  of  the  Treasury 
be  requested  to  lay  before  this  House,  a  statement 
of  the  number  and  respective  dates  of  the  con- 
tracu  made  for  the  completion  of  the  Cumber- 
land road,  exhibiting  therein,  the  names  of  the 
several  contractors,  the  extent  of  the  road  pro- 
vided for  by  each  contract,  and  the  cost  thereof - 
per  lineal,  and  of  all  the  mason  work  per  solid 
perch;  that  the  said  statement  furnish,  where 
practicable,  the  cost  of  the  several  bridges  erected 
upon  the  said  road;  that  it  also  present  the  total 
cost  of  the  said  road,  the  extent  thereof  already 
completed  or  contracted  for;  and  of  the  part 
thereof  for  which  no  contract  has  been  made, 
with  the  probable  expense  of  completing  the 
same ;  that  there  be  subjoined  to  the  said  state- 
ment a  report  of  the  greatest  elevation  of  any* 
part  of  the  said  road,  the  average  breadth  thereof, 
and  of  the  bed  of  stone  or  gravel  laid  thereupon, 
with  the  depth  of  the  materials  at  the  sides  and 
in  the  centre  of  such  bed ;  also,  what  provtsion, 
if  any,  has  hitherto  been  made  for  keeping  the 
whole,  or  any  part,  of  the  said  road  in  repair ; 
and  the  past  expense,  if  any,  attending  such 
repairs. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  considered  the  report  of  the 
conferees  on  the  disagreeioff  vote  or  the  two 
Houses  on  the  amendment  of  this  House  to  the 
bill,  entitled  ''An  act  directing  the  manner  of 
appointing  Indian  affents,and  continuing  the  act 
for  establiahiog  trading-houses  with  the  Indian 
tribes ;  and  have  disagreed  to  the  first,  and  agreed 
to  the  second  recommendation  of  the  conferees. 
The  Senate  have  passed  the  bill  of  this  Hoqse, 
entitled  "An  act  to  enable  the  people  of  the  Illi- 
nois Territory  to  form  a  constitution  and  State 
government,  and  for  the  admission  of  such  State 
into  the  Union  on  an  equal  footing  with  the  orig- 
inal States."  with  amendments ;  and  they  have 
passed  a  bill,  entitled  "An  act,  in  addition  to  an 
act,  to  incorporate  the  subscribers  to  the  Bank 


Digitized  by 


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1725 


HISTORIC  OF  OON0BBSS. 


1726 


Apbil,  1818. 


Collectian  of  the  Revenue — AddUional  Duties, 


H.ofR. 


of  the  United  Stttes;"  In  which  amendments 
and  bill  they  ask  the  concarrenee  of  this  House. 

The  amendments  proposed  by  the  Senate  to 
the  bill,  entitled  ^  An  act,  in  addition  to  the  act 
for  the  punishment  of  certain  crimes  against  the 
United  States,  and  to  repeal  the  acts  therein  men- 
tioned,'^ were  read,  and  referred  to  the  Committee 
on  Foreign  Relations. 

The  House  took  op  and  proceeded  to  consider 
the  bill  proriding  for  the  deposite  of  wines  and 
disciUed  spirits  in  public  warehouses ;  and  the 
same  being  amended,  was  order  to  be  engrossed, 
and  tetA  a  third  time  to-morrow. 

Ordered^  That  the  report  of  the  Committee  of 
Claims,  made  on  the  11th  of  March  last,  upon  the 
sabjeet  of  an  extension  of  the  prorisions  of  the 
aei  of  the  9th  of  April,  1816,  making  payment 
for  property  lost,  captured,  or  destroyed,  in  the 
late  war,  be  reeommitted  to  the  Committee  of 
Claims, 

The4)ill  from  the  Senate,  entitled  "An  act,  in 
addition  to  an  act.  to  incorporate  the  subscribers 
to  the  Bank  of  the  United  States,"  was  read  the 
first  time;  and  the  question  being  taken,  Shall 
it  now  now  be  read  a  second  time?  It  was  deter* 
mined  in  the  negatire. 

The  amendmenu  proposed  by  the  Senate  to 
the  hill,  entitled  "An  act  to  enable  the  people  of 
the  Illinois  Territory  to  form  a  constitution  and 
State  gorernment^  and  for  the  admission  of  such 
State  into  the  Union  on  an  equal  footing  with  the 
original  States,"  were  read,  and  referr^  to  a  se- 
leet  eoamtttee ;  and  Messrs.  Pope,  HaNnniOKe, 
RoBBRTSON  of  Kentucky,  Joites,  and  Nesbitt, 
were  appointed  the  said  committee. 

The  House  took  up  the  report  of  the  conferees 
on  the  disagreeing  Totes  of  the  two  Houses  od 
the  hiii  directing  the  mode  of  sppointing  Indian 
agents,  ^e. }  and, 

On  motion  of  Mr.  Slocumb,  the  House  resolred 
to  recede  from  their  amendment  to  said  bill,  to 
which  the  Senate  have  disagreed,  and  agree  to 
the  amendment  contained  io  the  second  recom- 
mendation of  the  conferees. 

COLLECTION  OF  THE  REVENUE. 

The  House  then^  on  motion  of  Mr.  Lownbes, 
took  up  for  consideration  the  bill  supplementary 
to  the  act  to  regulate  the  collection  of  duties  on 
UDOons  and  tonnage,  passed  2d  March,  1799. 

Tho  bill  contains  twenty-seren  sections,  embrac- 
Mff  Dumeroos  proTisioos  to  insure  the  more  rigid 
cMlection  of  the  duties  on  imports,  and  to  pre- 
.v€Dt  frauds  and  eraeions  thereof,  io  ^oidg 
through  and  eonsideriag  the  various  details  of 
this  hill,  and  discussing  motions  to  amend  them, 
the  Honseemployed  some  time.  Messrs.  Lownbbs, 
61L8BBB  of  Rhode  Islaod,  J.  Nelson,  Wenoovbr, 
SAMPSOif,  and  Palmer,  were  the  gentlemen  who 
look  port  in  maturioff  the  bill. 

The  most  material  amendment  proposed,  was 
ORO  offered  br  Mr.  Silbbrb,  to  add  a  new  section, 
pfforiding  "  that  masters,  or  other  persons  baring 
charge  of  ressels  which  may  arriire  from  a  for- 
eign portj  within  any  district,  on  their  way  to 
another  district  of  the  United  States,  shall  not  he 


required  to  make  entry  of  the  vessel,  or  pay  hos- 
pital money  or  tonnage  duty,  in  the  district  where 
she  may  first  arrire.  nor  to  proceed  from  the  place 
at  which  the  ressel  may  first  arrive,  to  any  other 
place  within  said  district,  for  the  purpose  of  ma- 
kio|?  a  report.** 

This  motion  was,  after  some  debate,  negatived 
without  a  division ;  and  the  bill  was  ordered  to 
be  engrossed  for  a  third  reading. 

ADDITIONAL  DUTIES. 
The  House  then  again  resolved  itself  into  a 
Committee  of  the  Whole,  on  the  hill  to  increase 
the  duties  on  iron  in  bars  and  bolts,  Iron  in  pigs, 
castings,  nails,  and  alum,  and  to  disallow  tne 
drawback  on  gunpowder;  the  motion  to  strike 
out  the  first  section,  being  under  consideration- 
Mr.  Sbroeaht  spoke  at  much  length  In  sup- 
port of  this  bill,  ana  of  the  expediency  of  exteno- 
ing  additional  protection  to  the  manufactures  in- 
terested in  the  bill. 

Mr.  Smith,  of  North  Carolina,  rose,  he  said 
for  the  purpose  of  moving  to  strike  out  the  first 
section  of  this  bill;  and  I  hope,'said  he,  the  mo- 
tion will  not  be  thought  unfair,  when  I  state,  that 
I  am  opposed  not  only  to  the  proposition  to  in- 
crease the  duty  on  iron,  but  to  the  bill  in  tato. 
On  the  subject  of  the  discriminating  dutv  pro- 
posed to  be  laid  on  bar  iron,  made  Sj  rolling,  I 
oeg  leave  to  differ  in  opinion  with  my  friend  f^m 
South  Carolina,  (Mr.  Lownbes.)  He  doubts 
the  propriety  of  imposing  such  a  duty ;  he  sup* 
poses  that  the  manufacturer  is  always  the  pur- 
chaser, and  that  he  should  be  a  competent  judge. 
Experience  has  taught  me,  that  that  is  not  the 
fact.  The  importing  merchant  brings  the  article 
into  market  for  the  purpose  of  profit ;  he  cares 
nothing  about  the  goodness  of  the  article,  if  it  yield 
him  his  usual  per  centage.  The  farmers,  the 
great  consumers  of  this  article,  exchange  their 
produce  for  it  with  the  merchant ;  they  are  not 
sufficiently  skilled  in  this  traffic  to  detect  the 
imposition  themselves.  Ai)d  so  cunning  are  the 
makers  of  it,  that,  since  a  discriminating  duty 
has  been  imposed  on  this  rolled  iron,  they  have 
run  it  under  the  hammer,  to  evade  the  dut^  and 
to  cover  the  deception  more  completely ;  it  is  not 
until  it  is  carried  to  the  blacksmith,  or  the  manu- 
facturer, that  the  teal  quality  of  this  iron  is  dis- 
covered. I  concur  in  the  statement  made  by  the 
gentleman  from  Pennsylvania  (Mr.  Sbtbbrt) 
that  this  iron  is  little  more  than  pot-metal  in  bars, 
and  that  it  is,  in  fact,  good  for  nothing.  My  own 
impression  is,  that  if  such  materials  are  permitted 
to  come  into  our  market  lower  than  genuine  bar 
iron^  that  oar  mechanics  will  purchase  it,  and 
permit  It  to  enter  in  to  our  domestic  manufactories; 
and,  if  the3r  do,  it  will  undoubtedly  l)riog  our 
manuihctories  into  disrepute.  Again,  if  it  is  per- 
mitted to  enter  into  our  ship  building,  it  will  be 
productive  of  a  great  evil.  I  will  not  oppose  the 
discriminating  duty  now  in  existence;  but,  to 
return  to  the  main  question,  I  have  said  that  I 
am  opposed  to  increasing  the  day  on  bar  iron. 
It  is  true,  that  the  iron  masters  in  New  Jersey 
and  Pennsylvania  have  made  a  great  noise  on 


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Google 


rm 


BISSOKX  07  coneBBfis. 


I72B 


H.  OF  R. 


Addiiimud  Dmua* 


Apul,  ^IB. 


this  subject ;  bat  the  difficQltf  mider  wbick  they 
labor  is  altogether  temporary.  Daring  the  late 
restrictive  syBtem  and  the  war,  there  was  a  great 
accumulation  of  iron  in  the  Russian  and  Swedish 
markets ;  whilst,  at  the  same  time,  and  from  the 
same  cause,  the  article  became  scarce  and  dear 
in  the  United  States.  At  the  termination  of  the 
late  war,  this,  as  all  other  articles  made  its  way, 
in  great  quantities,  into  our  market.  The  im- 
portation was  much  greater  than  the  demand ; 
hence,  it  could  only  be  sold  at  a  sacrifice  bv  the 
importer.    The  merchant  was  obliged  to  sdL 

I  have  been  informed,  from  a  quarter  on  which 
I  think  I  can  rely,  that  bar  iron,  of  good  quality, 
during  the  year  1816,  sold,  in  Philaldelphia  and 
New  York,  at  from  siity-fonr  to  sixty-eight  dol- 
lars a  ton,  which  cost  the  importing  merchant 
irom  eighty-five  to  ninety  dollars.  This  state  of 
things  cannot  last.  The  merchant  will  not  im- 
port, unless  he  has  some  prospect  of  selUng  at  a 
profit.  But,  sir,  I  have  authentic  evidence  before 
fne,  thgt  iron  has  raised,  since  the  peaee  in  Europe, 
twenty  per  cent,  in  Russia  and  Sweden.  Qood 
UQu  cannot  be  imported,  under  the  existing  duty 
of  nine  dollars  per  ton,  for  less  than  one  hundred 
and  ten'dollars  per  ton.  I  have  also  information 
before  me  that,  in  New  Jersey,  where  the  greatest 
oomplaint  is,  that  a  ton  of  bar  iron  can  be  made 
from  their  bloomeries,  at  eighty-five  dollars  per 
ton— «  difference  oi  thirty  dollars  in  the  ton.  If 
this  is  true,  the  case  is  not  as  it  is  represented  by 
the  ex  parte  evidence  before  us.  And  where  do 
these  complaints  come  from  ?  They  come  from 
the  vicinity  of  the  cities  of  Philadelphia  and  New 
York,  two  great  commercial  towns.  Iron  made 
here,  comes  in  direct  competition  with  that  im- 
parted, and  that  which  has  been  sacrificed  under 
the  hammer,  as  I  have  stated.  There  wood  is 
scarce,  and  of  much  value ;  there  labor  is  very 
high  also;  and  provisions  higher  than  in  any 
part  of  this  countrv.  These  works  grew  up,  many 
of  them  during  the  late  war,  and  during  the  re- 
strictive system  that, preceded  ic  In  such  situa- 
tions, it  could  not  be  expected  that  works  of  that 
kind  could  flourish  at  any  other  time.  They  had 
nopledge  from  this  Legislature,  that  duties  should 
be  laid  and  continued  for  their  support ;  nor  are 
we  bound  to  sacrifice  the  great  interests  of  this 
conntrv  to  prop  such  fungus escablishmenu.  They 
like  other  speculators,  expected  to  profit  by  the 
necessities  of  their  neighbors ;  let  thetn,  then, 
stand  on  their  own  bottom.  If  this  basis  is  not 
suficieat,  let  them  go  down. 

Some  of  this  iron  is  of  superior  quality ;  it  sella 
in  the  market  at  from  ten  to  fifteen  dollars  less 
per  ton,  than  Russian  or  Swedish  iron  i  whilst, 
at  the  same  time,  at  Baltimore  and  other  places, 
,  the  iron,  made  in  that  quarter,  sells  at  from  five 
to  ten  dollars  preference  per  ton.  Their  bloomed 
iron  is  too  much  like  the  English  rolled  iron.  It 
is  a  question  whether  we  should  encourage  the 
production  of  this  iron  in  the  United  Sutes.  It 
IS  important  that  your  iron  should  be  of  the  best 
quality.  Your  cannon,  and  all  your  implements 
of  war,  should  be  made,  of  the  verjr  best  materials. 
Your  ship  builders  require  iron  of  the  beet  quality 


likewise.  The  truth  of  tfaia  eaa  be  evidenced  by 
the  statement  made  by  the  gentleman  from  Maa- 
saohusetts  (Mr.  Silsbbb,)  who  stated  to  you,  that 
vessels  had  been  lately  lost  from  the  brittleneaa 
of  the  iron  used  in  their  making.  But,  n^n  sir, 
this  iron  enters  into  your  domestic  OMBunctorea 
also;  and,  in  my  opinion;  it  is  not  the  InterMt  of 
this  country  to  encouragie  the  production  of  in- 
ferior iron ;  for,  if  it  is  thought  into  your  nMYkeC, 
the  mechanics  will  purchase  it,  and  it  will  enter 
into  your  domestic  manufactures.  They  wiU  be 
inferior  in  quality  $  which  will  be  calculated  to 
injure  their  character  In  your  own  market ;  this 
will  encourage  the  exportatioa  of  the  articles  ftouk 
England,  our  great  rival  in  iron  manufactiiffea. 
But,  sir,  the  alarm  is  sounded— you  are  told,  ihet, 
if  these  works  go  down,  the  buaineis  of  makiiiff 
iron  is  lost  to  your  country  forever ;  and  thai,  u 
war  should  a|^in  oome,  you  are  ruined.  This  I 
deny,  and  against  such  doctrine,  permit  me  nerir 
to  enter  my  protest.  At  this  time,  the  worka  in 
the  interior  of  your  oountcy  ask  ol^  you  no  proiee- 
tion ;  there  are  only  about  fif^r  petitions  on  yam 
table;  they  bear  but  a  small  proportion  to  tte 
number  that  are  in  the  United  States.  AU  cbe^ 
works  are  doing  well  at  this  time.  Where  iJk«y 
are  well  situatd  for  the  business,  their  owners 
are  making  large  forttines.  In  the  part  of  tito 
country  from  which  I  come,  the  domestic  iron 
has  a  preferenee  to  the  best  Kossinn  and  SwediA 
iron,  lor  most  purposes,  and  it  sells  lower  by  otte 
or  two  cents  in  the  pound,  whibt  both  pay  the 
same  carriage.  And,  sir,  at  this  time,  there  are 
seven  new  States  in  thb  Unioo,  and  twe  great 
Territories,  that  have  yet  to  get  their  iron  frooa 
the  North  and  interior,  or  from  foreign  nations ; 
all  these  States  and  Territories  have  iron  ore  of 
the  best  quality,  and  in  the  greatest  abundante. 
So  pure  is  this  ore,  that.  I  am  informed,  it  can  be 
wrought  into  spikes  and  horse-shoes  from  the  ore 
bank.  Wood  is  inexhaustible;  pit  coal  abotmda 
in  great  quantities ;  provisions  are  cheaper  there 
than  in  any  part  of  the  world,  and  the  price  of 
labor  is  lower  than  in  the  North.  Where  sUto* 
can  be  employed,  their  labor  is.  always  cheaper 
than  that  of  white  men.  The  seasons  in  Ike 
South  diifer  from  the  North;  in  the  former  yoa 
can  labor  all  the  season,  in  the  latter  you  cauMM* 
Now.  I  would  ask.  if  these  people  are  going  Co 
suffer  tor  iron  ?  No.  sir,  very  soon  they  will 
supply  themselves.  Yes,  sir,  and  the  North  eaa 
be  supplied  from  that  quarter,  should  they  needl 
it.  And  should  a  market  present  itself  to  tkeoa, 
they  will  be  able  to  supply  the  whole  ylobe. 
Those  who  are  not  conversant  with  the  history 
of  that  country  may  say,  that,  it  being  in  the  ia«> 
terior,  the  carriage  will  prevent  iu  comin|t  into 
markeu  Should  such  an  opinion  exbt,  it  is  a 
mistaken  one.  They  have  the  finest  rivers  ia 
the  world,  intersecting  the  country  in  every  di- 
rection. And,  since  the  power  to  propel  Mats, 
by  steam,  has  been  invented,  they  have  evory 
facility  for  their  commerce.  If  all  this  be  troe^ 
can  we  not  supply  ourselves  in  war,  as  well  ao  in 
peace,  with  this  necessar|[  article— nay,  I  woaM 
say,  this  indispensable  article  ? 


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1730 


AfMLjisia 


AMUitiMd  IhOim. 


H.  OP  R. 


Wt  aeliMv^d  our  indepepdcnee  whii  tow  faeil- 
ities  than  we  have  at  this  time,  all  will  admit ; 
and,  Id  a  recent  war,  we  succeeded  equally  well. 
Why,  thea,  do  they  appeal  to  our  fears  ? 

But,  sir,  I  hare  aaother  ol^ectioa  to  this  pro- 
posed increase  of  doty  on  bar  iron :  it  is  taxing 
the  raw  material  of  onr  extensive  domestic  man* 
ufactories.    At  this  time,  we  make  aU  kinds  of 
tools,  for  the  rarioos  meehanics  in  this  country, 
at  home ;  also,  all  the  implements  of  our  agri^ 
oultnre  are  made  in  this  country.    In  fact,  there 
is  no  species  of  manufactures  in  the  United 
Slates  that  are  so  extensive,  or  so  Useful,  as  that 
Jl^t  mentioned.    The  duty  proposed  to  be  laid 
on  bar  iron,  by  the  bill  now  before  the  Commit- 
tee, is  twenty-five  per  cent,  ad  valorem ;  and  the 
duties  on  foreign  articles,  imported  into  the  Uni- 
ted States,  of  which  iron  is  the  chief  article  of 
Talne,  is  only  charged  with  a  duty  of  twenty 
I»er  cent,  ad  valorem.    Is  this  the  way  that  do- 
mestic manufactories  are  to    be   encouraged? 
This  IB  certainly  new  doctrine.  Alexander  Ham- 
ilton, who  was  the  great  advocate  for  maau&e- 
tmet  at  home^  always  enforced  the  idea,  that  the 
raw  materials  should  come  into  this  country 
dear  of  duty.    In  his  able  report  to  the  House 
of  RefHresenutives,  in  1790,  on  the  subject  of 
domesUe  manufactures,  he  telb  you,  in  very  di- 
rect terms,  that  this  very  article  of  bar  iron  should 
etme  into  your  country  free  of  duties.    His 
opinioD  was,  that,  by  encouraciog  the  manufac- 
ture of  the  article  yon  would  increase  the  de- 
mand, and  thereby  its  production  at  home ;  and 
tiiat  the  iron  works  would  be  benefited.    He  | 
advanced  the  same  doctrine  as  respects  copper, 
tui,  zinz,  old  pewter,  ^c.     These  are,  most  of 
them,  free  in  vour  present  tariff.    But,  sir,  the 
wiseacres  of  the  day.  the  new  political  econo- 
mists;, o(  the  North,  have  found  out  that  Mr. 
Hamilton  was  wrongs  and  that  Adam  Smith's 
Wealth  of  Nations  has  been  a  curse  to  this  coun- 
trjr.    But,  sir,  do  not  they  advance  the  same  doc- 
trine when  they  say,  encourage  and  protect  our 
•otton  factories  to  the  North ;  this  is  the  way  to 
eBcoorage  the  production  of  the  raw  material  in 
the  Boiuh  1    Why,  then,  is  not  Mr.  Hamilton's 
doctrine,  as  regards  iron,  true  likewise?    The 
highest  tax  or  duty  that  ever  was  imposed  on 
bar  iron  before  the  war  was  fifteen  per  cent,  ad 
valorem,  two  and  a  half  of  this  was  the  Med- 
itarrsaean  fcmd  duty,  which  was  never  consid- 
ered a  permanent  duty.    But,  sir,  your  petition- 
era  must  have  thirteen  and  five-sixths  per  cent. 
more  than  was  ever  laid  before.    And  they  ap- 
peal to  your  patriotism — they  tell  you  that  you 
should  protect  every  branch  of  industry  in  your 
eonntry.  And,  sir,  so  you  should  i  but  you  should 
never  sacrifice  the  interest  of  the  many  to  the 
cupidity  and  mercenary  views  of  the  few.    Bat, 
sir.  here — here  is  the  objection :  the  great  agri- 
cnltaral  interest  must  bend  before  these  merce- 
nary few — these  fat  capitalists.  Agriculture  must 
giy  the  premium;  she  must  be  taxed;  and  the 
rmer,  the  most  remote  from  trade,  most  be 
taxed  most.    Yes,  sir,  the  nun  who  has  the  few- 
est natural  advantages,  must  be  taxed  most— he 
15tU  Con.  Ist  Ssss.— 55 


is  the  greatest  consumer  of  iron.    To  get  the 
surplus  product  of  his  honest  labor  to  the  mar- 
ket, he  must  have  wagoos,  carts,  horses,  d^. 
These  require  much  iron  to  keep  them  in  repair. 
Butysir.  what  has  been  the  course  of  these  iron 
masters  ?    When  they  found  that  war  had  ex- 
cluded foreign  iron  from  our  market,  did  they 
say  to  the  farmer:  Come,  now  that  war  exists, 
you  cannot  get  iron  from  foreign  markets — you 
must  have  it — but  we  sympathize  with  your  mis- 
forlunes-^you  are  hard  pressed — your  produce 
will  bring  nothing — come,  we  can  make  it  as 
cheap  as  ever — laTOr  is  cheaper — provisions  are 
cheaper,  and  the  demand  is  greater — you  shall 
have  it  at  the  old  price.    Was  this  their  laa- 
gaaffe?    No.  sir— no.     Say  they,  come  now; 
we  have  the  advanuge;  the  farmer  must  have 
it ;  he  is  obliged  to  buy  from  us ;  come,  let  us 
make  our  fortunes.    Iron  rose  from  50  to  75  per 
cent,  cash ;  no  credit  now ;  at  the  same  time  the 
farmer's  tobacco  was  rotting  in  his  barn;  it 
would  not  bring  three  dollars  per  hundred ;  his 
wheat  spoiling  in  his  gamers ;  flour  would  not 
bring  four  dollars  a  barrel;  hb  land,  his  house, 
his  everything,  taxed  to  support  the  cause  of  his 
country,  at  the  same  time.    Did  the  capitalist 
sympathize  for  the  farmer?    No,  sir;  the  iron 
master's  patriotism,  his  sympathy,  was  suspend- 
ed; nor  never  would  he  have  thought  of  it  again, 
but  for  his  own  dear  self,  who  thought  it  a  good 
pretext  to  get  the  advaniaffe  of  the  iarmer  a  lit- 
tle once  more.    Sir,  I  look  upon  agriculture  as 
the  first,  and  the  greatest  interest  of  this  country; 
I  and  while  I  am  honored  with  a  seat  on  this  floor, 
'  I  will  always  raise  my  voice  in  its  support  and 
against  these  monopolizing  principles.    If  this 
bill  is  adopted,  it  will  impose  a  considerable  tax 
on  your  agriculture.    But,  poor  old  Agriculture  ? 
She  is,  1  am  fearful,  doomed  soon  to  be  the  pnck- 
borse  of  manufieictures  and  of  commerce.    They 
are  always  seeking  to  get  some  advantage  by 
getting  monopolies.  ^  Honest  old  Agriculture  has 
no  such  feeling ;  she  knows  no  such  principles.. 
All  that  she  asks  of  you  is  to  keep  your  handle 
off  her ;  she  is  strong ;  she  is  athletic ;  let  her 
alone  and  she    can.  she  will   protect  herself. 
When  the  clarion  ot  war  is  sounded,  who  is  the 
most  able  and  the  most  willing  to  take  the  field 
to  defend  your  nation's  rights  ?    It  is  the  farmer. 
Is  his  soil  invaded  ?    If  it  is,  he  will  offer  his  life 
in  the  defence  of  it.    He  is  stout  and  strong ;  his 
whole  life,  from  infancy  to  manhood,  is  as  a 
campaign.    When  he  is  called  to  the  neld,  it  is 
nothing  new  to  him  to  be  exposed.    Now  con- 
trast the  case  of  the  manufacturer ;  any  place  U 
his  country  where  his  profits  are  the  greatest.  Is 
he  to  take  the  field  to  defend  his  country,  he  is 
weak ;  he  has  been  raised  in  a  store-room,  under 
a  covert ;  he  is  unable  to  stand  against  the  cold, 
chilling  blasts  of  the  north,  rain  and  snow.  Nor 
is  he  even  able  to  stand  the  scorching  rays  of  a 
meridian  sun.    These  facts  have  been  but  too 
fatally  demonstrated. 

But,  sir,  it  is  said  your  country  cannot  prosper 
unless  you  encourage  manufactures.  How  is 
this  ?    Has  any  country  ever  equalled  this  in  the 


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HISTOKF  OF  OOlfSBISS. 


1T93 


H.opR« 


AddiUmuil  IkOimi 


MrmLjlBtM*. 


same  time  ?  Ic  has  been  agriealniral  solely,  or 
nearly  so.  In  less  than  fifty  years  this  Republie 
baa  become  a  great  nation  ;  second  in  commerce; 
seeoad  as  a  naval  power;  most  braTe  in  the 
field ;  most  skilful  and  most  victorious  on  the 
water;  rich — independent. 

But,  sir,  I  hope  I  shall  not  be  viewed  as  an 
•nemy  to  domestic  manufactures.  They  are 
growing  up  in  our  country,  and,  as  we  progress 
towards  a  more  perfect  state  of  internal  improve- 
ment and  affricuiture,  they  will  increase.  When 
the  popalatfon  becomes  dense,  when  emigration 
skall  cease  in  a  great  degree,  when  the  fine  lands 
of  the  West  and  South  shall  be  disposed  of,  then 
will  manufactures  begin  to  raisa  their  beads.  I 
think  it  not  the  true  policy  nor  the  true  economy 
c€  this  country  to  foree  this  state  of  things  by 
booaties  and  by  protecting  duties*  When  you 
raise  your  duties  beyond  the  point  necessary  for 
raising  the  revenue  necessary  for  the  support  of 
ypur  Government,  you  encourage  smuggling. 
Tour  customs  are  defrauded ;  your  regular  mer- 
chants are  unable  to  sell  their  goods ;  fraud  and 
sfMttktion  is  the  result.  The  efiRect  that  this 
will  have  on  the  morals  of  your  country,  is  too 
apparent  to  require  comment.  And  if  you  com- 
tttence  this  system,  all  classes  will  have  an  equal 
right  to  jrour  protection.  Yes,  sir,  the  tailors 
hav«  petitioned  you  this  session  for  protection ; 
they  want  you  to  lay  heavy  duties  on  clothes 
imported  ready  made.  Who  is  it  that  will  be> 
lieve  that  they  want  protection,  after  paying 
them  from  eight  to  ten  dollars  for  making  a 
coat? 

I  have  gone  through  the  observations  I  had  in- 
tended to  submit  to  the  Committee.  I  hope  thev 
will  see  with  me  the  evil  tendency  of  this  bill, 
and  will  consent  to  strike  out  the  first  section. 

Mr.  SiMKiN B,  of  South  Carolina,  said :  Mr. 
Chairman,  at  this  protracted  stage  of  the  debate, 
when  the  Committee  is  so  much  exhausted  in 
patience,  and  pressed  for  time,  it  is  with  un- 
feigned diffidence  that  I  beg  its  attention  for  a 
few  moments.  Indeed,  I  should  not  have  risen 
at  all,  hot  that  I  conceive  some  points,  in  this 
important  subject,  have  been  altogether  omitted. 
or  out  slightly  touched,  which  I  deem  material 
to  ita  illustration. 

At  the  commencement  of  the  last  war,  the 
manufactures  of  the  most  indispensable  articles 
in  the  United  States,  were^  for  the  most  part,  in 
their  inftincy,  and  entirely  madequate  to  the  sup- 
ply of  our  wants.  These  wants  became  the 
more  pressing,  because  the  importation  of  them 
had  been  previously  interdicted  by  the  embargo 
laws,  and  could  be  had  but  in  scanty  supplies, 
and  at  very  high  prices  during  the  war.  Thus  it 
was,  that,  when  our  necessities  became  greatest, 
our  supplies  were  most  inadequate  to  our  rising 
wants.  The  consequence  of  this  state  of  things 
was,  that  manufacturing  establishments  sprung 
up  to  our  relief,  in  various  parts  of  the  continent, 
and  we  were  supplied  with  cannon,  arms,  and 
other  munitions  of  war,  and  our  armies,  to  a  con- 
siderable extent,  were  clothed  from  our  own 
establishments.   I  mention  these  facts,  Mr.  Chair- 


man, to  ahow,  whiah  they  most  onequivoaally'doi 
that  he  who  is  a  friend  to  his  country's  true  mde» 
pendenca  bust  be  a  friend  to  mnutaetoriet,  to  a 
reasonable  and  practicable  extant.  When  tfaa 
war  ceased,  it  was  the  true  policy  of  Gkeat  Brit- 
ain, who  bad  viewed  our  rising  es«ablishni«a«a 
with  great  pain  and  jealoosy,  to  throw  into  our 
market  such  a  quantity  of  goods,  of  every  sort, 
at  law  prices,  as  to  sink  ta  deatruetion  thasa 
estabiifhments,  and,  with  them,  the  fortonea  and 
hopes  of  thaae  patriotic  aad  pablia  spirited  men 
who  had  inveated  their  eapiul  in  theaft.  Thia^ 
effsct  waa  ia  such  a  mpid  suta  of  progressioa 
that  it  awakened  an  enlighteDed  American  Con- 
gresa>  to  the  consideration  of  the  sobJaBt.  To 
give  some  protection  to  those  estabtiabmeala 
which  had  greatly  helped  to  save  us  in  tinna  of 
war,  and  without  whicii  no  nation  on  aarih  catt 
ever  be  truly  independent  ot  safe,  ae  weii  aa  to 
raise  a  reveaue,  tha  Congreas  of  1816  paasad  a 
law,  iatpoaiof  a  tariff,  or  system  of  4u<iea,  on  tha 
moet  or  thoae  foreign  artictea  whioh  could  be 
maide  among  ourselves,  aud  tha  excravayaat  im* 
portatioas  of  which  wera  about  to  bring  rain  ou 
our  mhnufactorea  1  Thia  waa  wise,  it  waa  patri* 
otic,  it  waa  in  Ui/ct  the  duty  of  the  Repreaeniativea 
of  the  nation.  These  protecting  duties,  light  aa 
they  were,  in  most  insunees,  bad,  in  some  good 
desree,  the  desired  efi*ect;  but  the  manulheturer 
of  iron  met  the  hardest  fhte,  because  it  is  a  fhet, 
as  was  stated  by  the  Speaker,  in  this  debate,  and 
controverted  by  no  one,  that  the  duty  on  forei^ 
iron  imported  was  not  in  the  same  proportion 
with  that  on  other  articles.    This  omission  ~^ — 


a  strange  one,  Mr.  Chairman,  and  the  more  so, 
because  iron  must  be  conceded  to  be  an  article 
of  the  very  first  necessity,  and,  therefore,  ought 
to  have  been,  in  the  same  proportion,  eneont^ 
aged.  That  this  anicle  liad  less  of  the  fosterni|^ 
care  of  the  Qovernment  tban  almost  any  oiher^ 
is  demonstrated  by  the  present  state  and  situa- 
tion of  those  manufiBictorieB  throughout  the  coa«> 
tinent— ^or  all  accounts  agree  that  those  whioh 
have  not  already  sunk,  af^  in  a  progressive  state 
of  dilapidation.  Indeed,  Mr.  Chairman,  no  man 
could  fail  to  feel  an  interest,  on  hearing  the  elo- 
quent, yet  distressing  picture,  yesterday  preaented 
by  the  gentleman  from  New  Jersey  (Mr.  Kiw 
BET.)  He  tells  you  that,  eighty  or  one  hundred 
of  these  establishments  are  falling  to  ruin  ia  New^ 
Jerser  alone.  Is  not  iron,  then,  (enough  of  the 
ore  or  which  lies  in  our  hilla  to  supply  the  world,) 
an  indispensable  article;  and  will  you  not  en* 
courage  its  production  in  our  own  country  ?  Let 
us  anticipate  the  march  of  time,  and  conceiro- 
ourselves  on  the  verge  of  another  war,  when  the 
article  will  be  wanting  for  cannon,  for  smaU 
arms,  and  for  almost  every  useful  agricultural 
instrument.  Will  you  fold  your  arms,  and  suf- 
fer your  manufoctories  to  sink,  until  the  time  of 
war,  which  shall  cut  off  your  foreign  supplies, 
shall  arrive?  Will  you  act  the  part  of  wisdom, 
and  prepare  for  the  day  of  necessitv,  or  will  you^ 
like  the  spendthrift,  leave  every  day  to  provide 
for  itself?  Are  we  not  able  to  make  our  own 
iron  in  sufficient  quantities,  and  cheap  enou|^  to 


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I7SS 


HSKTOBY  OF  eoveaiBa 


17U 


arSnM  V9H7« 


illHlllumtl*  ifalwcB* 


H.ofA. 


be  witklD  tlMT  imeh  of  erery  maa  in  tht  nkXfot 
who  wants  to  n«e  h,  or  amst  we  still  be  depnn- 
dent  on  foreign  importations?  Mr.  Cbainnan,  I 
am  stek  of  these  utteea^ng,  nnneeessary,  foreign 
predilections ;  and  I  wish  to  make  onr  own  eoon« 
trj  what  k  might  he,  and  what  it  must  be,  before 
it  is  realljr  gfeur,  independent  of  Bnrope.  We 
are  not  satisled  with  importing  foreign  notions 
and  prejadices,  and  errors,  but  we  tirast  work 
foreign  iron,  almost  exdaslTety,  When  we  can 
have,  eheap  enough,  abundant  snppHes  at  hoiiie. 
h  there  nothing  doe  to  those  who  risked  their 
capital  to  sustain  the  nation  in  the  ^y  of  need  7 
But,  Mr.  Chairman,  what  h  to  be  the  con8e>- 
onence  of  letting  our  own  iron  works  sink  by 
roteign  importatfons  ?  The  obrious  consequence 
is,  as  was  just  now  demonstrated  by  the  gentle- 
man  from  Pennsylrania,  (Mr.  SaitoeANT,)  that 
when  yottr  own  manulkcturers  are  ruined,  and 
tiieir  establishments  destroyed,  foreign  iron  will 
immediately  take  a  rise*  Tes,  foreigners  Will 
then  get  ih»9  own  prices,  for  there  will  be  no 
eonbpetftion  to  cheek  them.  I  beg  gentlemen  to 
remember  this  when  about  to  gire  their  totes. 

Do^  tie  mantrfaetureis  ask  any  unreasonable  or 
nrinoni  proceetioh  7  By  no  meatts.  If  they  did; 
I  a^MHild  not  statid  here  to  sanction  their  prelen-< 
aMML  Tbey  setfrcely  ask  an  inio^ease  o^  balf  a 
eeiit  a  pound.  8o  far  from  wishing  yon  to  el- 
cflude  tne  importation  of  iron,  they  only  ask  to 
be  put  upon  grodttth  of  fair  competition.  Will 
ati  American  Congress  thus  refbse  to  American 
citizens  such  a  request?    I  trust  not. 

Itf  Mr*  Chairman,  we  are  disposed  to  learn  les- 
sons of  wisdom  upon  i^is  subject,  let  us  hare  re- 
course to  fingJand ;  a  nation  of  whom,  whaterer 
else  may  be  said,  this  may  well  be  pronounced, 
tluit  she  has  arrived,  in  commerce  and  manufac- 
tures, to  unrivalled  prosperity  and  greatness. 
bet  U9,  then,  discard  her  examples,  which  are 
d^truetira  but  embrace  jier  wisdom  and  ezperi« 
e^ee,  which  are  true  and  sound. 

How.  let  it  be  asked,  has  that  nation  become 
uttriyafled  in  mknufactories  7  By  a  constant,  an- 
Wearied  attention  to  this  subject;  by  protecting, 
by  laws,  and  eyery  means  in  her  power,  every 
c»taMtshment  of  importance  to  the  country.— 
With  What  alkrm  would  this  calculating,  etpe- 
rieneed,  and  politic  nation,  see  the  approaching 
ruin  of  aov  material  nlanufactory*  Her  states- 
men would  startle  at  such  a  prospect,  and  rush 
forward  with  avidity  and  sate  it. 

There  ib,  Mr.  Chairman,  another  view  of  this 
subject,  not  folly  presented,  which  ought  to  ar- 
rest the  attention  of  the  American  statesman. 
It  is  the  true  policy  of  every  state  or  country  to 
encourage  and  buy  of  its  own  citizens,  every 
essential  article  which  can  be  bad,  without  too 
great  a  sacrifice,  because,  thereby  yon  add  to  its 
riches  by  keepioz  the  money  among  ourselres. 
This  has  been  Bogland's  true  and  nnrarying 
policy.  She  well  knows  that  capital  laid  out 
abroad  for  foreign  productions,  which  can  be  as 
wdl  produced  at  home,  is  forever  lost,  both  prin- 
fApik  and  interest    This  consideration  seems 


to  me  to  be  so  obnous  that  I  forbear  to  dwell 
upon  it. 

But  the  gentleman  from  North  Carolina  (Mr. 
Sttrra)  has,  without  any  bad  motive,  I  grant,  en- 
deaTored  to  array  the  a^cultarist  sgainst  the' 
nianufocturer,  and  to  excite  an  idea  of  different 
feelings  and  interests  in  a  great  community, 
which  ought  to  harmonize,  and  Which  is  really 
iden tiled,  both  by  principle  and  interest.  He 
asks,  will  jou  tax  the  agriculturist  for  the  manu- 
facturer, without  giving  him  any  adequate  advan- 
taged Mr.  Chairman,  this  is  not  the  fact— the 
gentleman  would  ^call  by  different  names  breth-^ 
ren  of  the  same  family."  Is  not  agriculture 
*^  that  first  and  best  employment  of  man,'^in  which 
I  myself  am  interested,  and  to  which  I  know  I 
am  as  great  a  friend  as  the  gentleman  from  North 
Carolina,  or  any  gentleman  on  this  floor;  I  say, 
is  not  agricultuf'e  most  of  all  interested  in  the 
production  of  iron  ?  Can  the  farmer  proceed  a 
step  without  the  implements  of  husbandry?  But, 
says  the  gentleman,  we  may  ^  k  cheaper  fVom 
abroad :  perhaps  it  may  be  a  little  cheaper  at  this 
particular  petiod,  and  why?  Because  it  is  Bug- 
land's  interest,  and  it  is  the  interest  of  all  Europe 
to  glut  your  markets,  and  they  have  glutted 
them,  for  ttie  snecial  purpose  of  destroying  your 
manufactories !  This  is  What  they  aim  at-^what 
they  seek  above  all  things.  When  this  is  done, 
take  my  word  for  it,  iron  Will  rise  in  price«« 
foreigners,  having  prostrated  your  infant  manu- 
factories. Will  ask  Tor  their  iron  just  what  prices 
they  pleasC;  and  when  we  are  pressed  by  another 
war,  or  by  any  other  great  national  emergency, 
the  nations  of  Europe  ^  will  laugh  you  to  scorn, 
and  mock  when  your  fear  cometh."  Tes,  Mr. 
Chairman,  when  pressed  by  war  or  embargo; 
when  necessity  knocks  loudly  at  every  man's 
door,  then  you  see  those  establishments  destroyed 
which  would  succor  and  sare  you !  Then  you 
must  wait,  in  painfbl  suspense,  the  tedious  re- 
establishment  of  new  manufactories,  and  the 
learning  new  workmen,  or  behold  your  country, 
fbr  the  want  of  them,  on  the  brink  of  ruin. 

Perhaps  you  may.  at  this  moment,  get  iron  a 
trifle  cheaper  from  foreign  places,  but  you  cannot 
get  it  cheaper  permanently ;  you  cannot  get  it 
cheaper  in  thi  end !  It  is  then  to  protect  our 
own  citizens  by  a  small  additional  duty,  to  a  cer- 
tain extent,  that  I  contend^a  duty  that  may  yield 
them  great  assistance,  and  do  us  no  harm.  Do 
us  no  harm,  did  I  say  ?  Would  advance  our  true 
and  solid  interests. 

'  From  the  best  information  which  can  be  pro- 
cored,  it  appears  that  the  quantity  of  iron  con- 
sumed in  the  United  States  is  45,000  tons. 

In  1810,  the  quantity  manufactured  in  the  Uni- 
ted States  was  30,000  tons. 

In  1814,  40,000  tons. 

Leaving  a  surplus  for  common  use  of  only 
about  5,0^  tons. 

In  1817,  such  was  the  shock  received  by  the 
peace,  and  the  consequent  glut  by  foreign  im- 
portations, that  only  about  15,000  tons  were  man** 
ufactured.    By  the  protecting  duties  of   1816, ' 
which  were  not  equal  on  iron  to  other  articles 


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im 


BI8f  OBT  OF  OOMOBBSfiL 


17SI 


H«  OP  R. 


Additimud  JhOut. 


AtBii«,  1819« 


imported,  a  few  of  the  muiafaetories  only  hare 
been  enabled  to  sarviTe,  aod  whether  thev  can 
still  lire  will  depend  on  the  passage  of  this  bill. 

Great  Britain,  about  twenty  years  back,  manu- 
factured only  18,000  tons ;  but  by  the  uncommon 
encouragement  with  which  the  manufacturers 
met,  and  the  great  improvements  by  them  made, 
in  the  year  1816  she  manufactured  200,000  tons. 

Now  the  fair  inference  is,  that  by  seizing  those 
great  improvements  in  our  power,  by  the^8uj[>e- 
riority  or  our  ore,  both  as  to  quantity  and  quality, 
our  unbounded  resources  In  coal  as  well  as  wood, 
in  which  we  have  a  most  unquestionable  supe- 
riority over  Great  Britain,  we  may  shortly  make 
not  only  an  abundant  supply  for  ourselves,  but 
draw  vast  riches  into  our  country  by  the  ezporta* 
tion  of  the  article.  It  is  supposed  by  good  judges 
that  we  might  make  enough  to  supply  the  world  1 

Mr.  Chairman,  our  Federal  Constitution,  the 
foundation  and  ligament  of  our  political  exlst- 
aoee,  is  the  offspring  of  compromise  and  mutual 
concession  and  affection.  Shall  then  the  planters 
of  the  Middle  and  Southern  Slates,  who  are 
amassing  fortunes  by  the  production  of  rice,  cot- 
ton, tobacco,  and  flour,  refuse  to  yield  some  small 
ana  fraternizing  token  of  respect  8(nd  encourage- 
nent  to  the  manufacturers  of  the  Eastern  and 
Middle  Sutes,  in  the  time  of  their  greatest  need? 
From  the  discussion  of  this  question,  by  some 
gentlemen,  it  would  really  seem  that  one  class 
of  the  community  was  seeking  something  which 
would  ruin  some  other.  Nothing  so  erroneous ; 
I  am  the  friend  of  affricolture  on  this  occasion ; 
not  only  the  agriculturist,  but  the  whole  civil- 
ized .world  is  interested  in  the  production  of  iron; 
the  manufacturers  themselves  are  agriculturists ; 
their  neighbors  and  friends  are  agriculturists;  the 
whole  country  around  them,  and  upon  whose 
supplies  they  depend,  is  affricultural ;  the  interests 
of  both  classes  are  united  and  indissoluble.  The 
agricultural  part  of  the  community  are  already, 
and  must  ever  be,  the  most  independent ;  and  will 
those  who  are  most  independent  refuse  encour- 
agement to  those  establishments  which  will  ren- 
der them  still  more  so?  Away  then  with  the 
jaundiced  view  of  a  difference  of  interest;  it  can 
answer  no  other  purpose  than  to  create  sectional 
injurious  jealousies,  such  as  would  go  to  destroy 
our  happy  Union ! 

1  would  go  as  far  to  represent  my  constituents 
in  any  local  matter,  which  required  attention,  as 
any  other  man;  I  never  could  and  never  would 
desert  them.  But  as,  on  another  occasion,  I  en- 
deavored so  to  convipce  the  House,  I  stop  here. 
After  serving  our  constituents  faithfully  in  those 
particular  Interests,  where  others  from  different 
sections  could  not,  in  the  nature  of  things,  so  well 
do  it,  we  become  the  representatives  of  the  whole 
nation,  and  he  who  best  consulu  the  general  in- 
terest, and  whose  measures  are  best  calculated  to 
give  plenty,  content,  and  union  to  all,  deserves 
the  most  applause  from  his  country. 

The  motion  to  strike  out  the  first  section,  was 
negatived ;  and 

The  Committee  having  gone  through  this  bill, 
took  up  the  bill  to  increase  the  duties  on  certain 


manufactured  articles, (shoe,  papery  &c.,)imported 
Into  the  United  States,  and  to  change  the  duty 
from  an  ad  valorem  to  a  specific  one. 

A  motion,  by  Mr.  Colston,  to  strike  out  the 
first  section,  was  lost. 

Some  other  amendments  were  made  to  both 
the  bills,  and  some  proposed  that  were  rejected, 
which  ^ve  rise  to  much  debate. 

Among  the  motions  which  prevailed,  was  one 
by  Mr.  Pitkuc,  to  strike  out  the  proposed  modifi- 
cation of  the  duty  on  paper. 

The  bills  having  been  reported  to  the  House^ 
the  amendments  made  were  generally  agreed  f 
without  a  division. 

Mr.  Little  made  an  attempt  to  retain  the  clause 
for  modifying  the  duty  on  paper,  which  faUed, 
by  a  considerable  majority. 

Mr.  Butler  renewed  the  motion,  which  had 
been  previously  made  in  Committee  of  the  Whola, 
by  Mr.  Morton,  to  strike  out  "  one  dollar,"  the 
duty  proposed  hereafter  to  be  levied  on  "  iron  in 
bars  and  bolts  manufactured  without  rolling." 
This  motion  was  negatived — yeas  50,  nays  83,  atf 
follows: 

Ybas— Messrs.  Abbott,  Austin,  Baibour  of  Ttrginia, 
Bfeunt,  Boss,  Barwell,  Butler,  Clagett,  CUibome» 
Cobb,  Edwards,  Errin  of  South  Caxolina,  Ganiett» 
Hsfbert,  Hogg,  Holmes  of  Connectieut,  Hnntingtea, 
Irving  of  New  York,  Johnson  of  Virginis,  Jones, 
Lowndes,  McCov,  Morton,  Jeremiah  Nelion,  T.  M. 
NelMo,  Owen,  Peter,  Pitkin,  Pleasants,  Pomdezter, 
Reed,  Rhes,  Robertson  of  Kentucky,  Sampson,  Settle, 
Sherwood,  Silsbee,  Slocumb,  Bal.  Smith,  Alezsnder 
Smyth,  J.  S.  Smith,  Speed,  Stewart  of  North  Caro- 
lina, Terrill,  Tucker  of  Virginia,  Tucker  of  South 
Carolina,  Whitman,  Williame  of  Connecticut,  Williams 
of  North  Carolina,  and  Wilson  of  Massadmsetta. 

Nats — ^Messrs.  Adsms,  Allen  of  Vermont,  Ander^ 
son  of  Ky.,  Baldwin,  Barber  of  Ohio,  Bassett,  Batemao, 
Beecher,  Bennett,  Bloomfield,  Boden,  Campbell,  Cols- 
ton, Comstock,  Crafts,  Crawford,  Cruger,  Culbreth, 
Darlington,  Desha,  Drake,  Earle,  Folger,  Gage,  Hale, 
Hall  of  Delaware,  Hssbrbuek,  Hendricks,  Henick, 
Heiflter,  Hitchcock,  Hopklnson,  Hubbard,  Hunter, 
Ingham,  Kinsey,  Lawyer,  Lewis,  I^inn,  Little,  W. 
Maclay,  W.  P.  Maclay,  Marchand,  Marr,  Mason  of 
Massachusetts,  Mason  of  Rhode  laland,  Merrill,  Mum- 
ford,  Murray,  Ogden,  Ogle,  Palmer,  Parrott,  Patter- 
son, Pawling,  PindaU,  Porter,  Rich,  Rtchard%  Ring- 
gold,  Rogers,  Raggles,  Sawyer,  Scudder,  Sergeant, 
^ybert,  Simkins,  Southard,  Spencer,  Strother,  Tart, 
Taylor,  Tenr,  Tompkins,  Trimble,  Upham,  Wallaee^ 
WendoTer,  Whiteside,  Williams  of  New  York,  Wil- 
kin, and  Wilson  of  Pennsylvania. 

After  rejecting  several  motions  to  adjourn,  the 
two  bills  were  finally  ordered  to  be  engrossed  for 
a  third  reading. 

[As  ordered  to  the  third  reading,  the  contents 
of  tbese  bills  varv  from  the  statements  heretofore 
given  of  them,  oy  the  omission  of  ihe  proposed 
duty  on  paper,  and  by  the  additional  dpty  of  the 
following:  On  spikes  three  cents  per  pound;  on 
anchors  two  cents  per  pound  ;  on  cut  glass  thirty 
per  cent,  ad  valorem ;  on  brown  Russia  sheeting, 
not  exceeding  fifty-two  archines  in  each  piece, 
91  60  per    piece ;  on  white  do.  do.,  9^  60  per 


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1787 


mSTORT  OF  CONGBBSB. 


nu 


Apbil,  1818. 


Proceedingw, 


H.ofR. 


mece.  The  two  acts  to  take  effect  from  the  80th 
lone  next.] 

Mr.  T.  M.  Nelson  moved  that,  for  the  re- 
maioder  of  the  session,  the  House  do  meet  at  ten 
instead  of  eleven  o'cIoek.—Nmtired. 

And  the  House  adjoomed  %x  half-past  sii 
o'clock. 


•  WEDNESDATy  April  13. 

A  message  from  the  Senate  informed  the  Hoase 
that  the  Senate  disagree  to  the  amendment  pro- 
posed by  this  House  to  their  bill,  entitled  ^An  act 
lor  the  relief  of  Isaac  Briggs  f  and  they  hare  re- 
ceded from  their  seventh  amendment  to  the  bill 
of  this  House,  entitled  ''An  act  to  provide  for  the 
pablication  ot  the  Laws  of  the  United  States,  and 
for  other  purposes ;"  and  they  insist  on  their  8th 
amendment  to  the  said  bill. 

Mr.  Williams,  of  North  Carolina,  from  the 
Committee  of  Claims,  to  which  was  referred  the 
bill  from  the  Senate,  entitled  "An  act  for  the  re- 
lief of  John  Hall,  late  a  Major  of  marines ;"  re- 
ported the  same  without  amendment  and  the  bill 
was  committed  to  the  Committee  of  the  Whole, 
to  which  is  committed  the  bill  from  the  Senate, 
entitled  "An  act  for  the  relief  of  Richard  M. 
Johnson." 

Mr.  Williams  abo  reported  a  bill  for  transfer- 
ring the  claims  in  the  office  of  the  Commissioner 
of  the  Third  Auditor  of  the  Treasury  Depart- 
ment *f  which  was  read  twice,  and  also  commit- 
ted to  the  Committee  of  the  Whole  last  men- 
tioned. 

Mr.  PiNDALL.  from  the  committee  of  confer- 
ence between  the  two  Houses,  on  the  disagreeing 
TOtes  respecting  the  amendments  of  this  House 
to  the  bill  to  make  valid  certain  acts  of  the  jus- 
tices of  the  peace  of  the  District  of  Columbia, 
reported  it  as  the  unanimous  opinion  of  the  com- 
mittees of  both  Houses  that  the  bill  was  unne- 
cessary, the  acts  therein  referred  to  being  valid 
without  the  interposition  of  the  Legislature ;  and 
the  whole  subject  was,  therefore,  on  motion  of 
Mr.  Bassstt,  indefinitelv  postponed. 

Mr.  Lowndes,  from  the  Committee  of  Wajs 
and  Means,  to  whom  was  referred  the  memorial 
of  Manuel  Torres,  who  offers  to  the  United  States 
a  financial  discovery  which  he  considers  of  great 
value,  reported  that  his  suggestions  were,  from 
the  respectable  personal  character  of  the  memo- 
rialisti  entitled  to  an  examination ;  but  that  the 
remainder  of  this  session,  if  the  whole  time  of 
the  committee  were  devoted  to  it.  was  not  suffi- 
cient for  the  due  investigation  of  the  subject,  and 
tberefore  recommending  that  it  be  postponed  to 
the  next  session. — Concurred  in. 

Mr.  Forsyth,  from  the  Committee  of  Foreign 
Relations,  to  whom  was  referred  the  amendments 
o£  the  Senate  to  the  bill,  in  addition  to  the  several 
acts  for  enforcing  the  neutral  relations  of  the 
United  States,  reported  the  opinion  6f  the  com- 
mittee, that  the  said  amendments,  one.  excepted, 
be  concurred  in#  But,  after  some  conversation, 
the  bill  was  laid  on  the  table,  on  the  suggestion 
of  Mr.  TooKBR  that  the  amendmenu  wero  im- 


portant ;  and  desiring  himself  that  the  bill  'stM>uM 
pass  in  the  shape  in  which  it  went  from  this 
House,  he  moved  that  it  lie  on  the  table,  to  give 
further  time  for  the  consideration  of  the  amend- 
ments. 

Mr.  Pope,  from  the  committee  to  whom  was 
referred,  yesterday,  the  amendments  proposed  by 
the  Senate  to  the  bill,  entitled  "An  act  to  enable 
the  people  of  the  Illinois  Territory  to  form  aeoa- 
stitution  and  State  government,  and  for  the  ad- 
mission of  such  State  into  the  Union  on  an  equal 
footing  with  the  original  States,'^  reported  the 
agreement  of  the  committee  to  the  said  amend- 
ments, and  the  amendments  were  then  concurred 
in  by  the  House. 

The  bill  from  the  Senate  to  amend  the  charter 
of  the  Bank  of  the  United  States,  so  as  to  author- 
ize the  appointment  of  a  vice  president  and  dep- 
uty cashier,  A^.,  was  read  a  second  time.  On 
motion  of  Mr.  Fobstth,  the  letter  of  the  Secre- 
tary of  the  Treasury  in  favor  of  the  measure  was 
read ;  when,  on  motion  of  Mr.  Little,  who  de- 
sired a  more  particular  consideration  of  the  sub- 
ject, the  bill  was  referred  to  the  Committee  on 
the  Judiciary— 61  to  55. 

Ordered^  That  the  Committee  of  the  Whole, 
to  which  are  committed  the  amendments  pro- 
posed bv  the  Senate  to  the  bill,  entitled  '^An  act 
fixing  the  compensation  of  the  Secretary  of  the 
Senate  and  Clerk  of  the  House  of  Representa- 
tives, and  of  the  clerks  emploved  in  their  offices;*' 
and  the  bill  to  regulate  and  nx  the  compensation 
of  clerks  in  the  different  offices,*  be  discharged, 
and  that  they  be  committed  to  the  Committee  ot 
the  Whole,  to  which  is  committed  the  bill  su^ 
plementary  to  the  several  acts  making  appropri- 
ations for  the  year  1818. 

Mr.  Scott  gave  notice  that  he  would,  on  to- 
morrow, move  the  House  for  leave  to  bring  in  a 
bin  to  suspend  the  sales  of  certain  lands  in  the 
State  of  Louisiana  and  Territorv  of  Mbsouri. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  passed  bills  of  this  House  of 
the  following  titles,  to  wit:  An  act  for  the  relief 
of  Major  General  Jacob  Brown ;  An  act  fixing 
the  time  for  the  next  meeting  of  Congress ;  and, 
An  act  for  the  relief  of  Thomas  Miller  and  Ste- 
phen Baker,  with  amendAents.  They  have 
passed  bills  of  the  following  titles,  to  wit :  An  act 
concerning  toanage  and  discriminating  duties  in 
certain  cases ;  An  act  authorizing  a  subscription 
for  the  Statistical  Annals,  by  Adam  Sey bert,  and 
the  purchase  of  Pitkin's  Commercial  Statistics; 
and,  An  act  fixing  the  compensation  of  Indian 
agents  and  factors;  in  whicn  amendments  and 
bills  they  ask  the  concurrence  of  this  House. 

EagroBsed  bills  of  the  following  titles  to  wit: 
An  act  to  increase  the  compensation  or  deputy 
postmasters  in  certain  cases;  An  act  making  the 
port  of  Bath  in  Massachusetu,  a  port  of  entry  for 
ships  or  vessels  arriving  from  the  Cape  of  Gk>od 
Hope,  and  from  places  beyond  the  same,  and  for 
establishing  a  collection  district,  whereof  Belfast 
shall  be  the  port  of  entrv;  An  act  providing  for 
the  deposite  of  wines  and  distilled  spirits  in  public 
warehouses;  An  act  to  increase  the  duties  on 


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1789 


HISTOEY  OF  CONGEESS. 


1740 


H.ofR. 


Slave  TVade — Additional  Duties, 


April,  18ia. 


eerttio  maQufactured  articles  imported  into  the 
United  States;  and,  An  act  supplementary  to  an 
act,  entitled  "An  act  to  regulate  the  collection  of 
duties  on  imports  and  tonnage,"  passed  the  2d 
day  of  March,  1799— were  severally  read  the 
third  time,  and  passed. 

The  amendmenu  proposed  by  the  Senate  to  the 
bills  of  this  House,  entitled,  An  act  for  the  relief 
of  Major  General  Jacob  Brown;  An  act  fixing 
the  time  for  the  next  meeting  of  Congress;  anoj 
An  act  for  the  relief  of  Thomas  Miller  and 
Stephen  Baker,  were  read,  and  severally  concur- 
red in  by  the  House. 

The  House  took  up,  and  proceeded  to  consider, 
their  disagreement  to  the  8th  amendment  pro- 
posed by  the  Senate  to  the  bill,  entitled  "An  act 
to  provide  for  the  publication  of  the  laws  of  the 
United  States,  and  for  other  purposes;"  on  which 
amendment  tne  Senate  have  insisted;  and  the 
said  amendment  being  again  read,  it  was  resolved 
that  the  House  recede  from  their  disagreement  to 
the  said  8th  amendment. 

The  House  proceeded  to  reconsider  their  amend- 
ment to  the  bill,  entitled  ''An  act  for  the  relief  of 
Isaac  Briggs,"  to  which  the  Senate  have  dis- 
agree^; and  the  said  amendment  being  aeain 
read,  it  was  resolved  that  this  House  recede  from 
the  said  amendment. 

The  bill  from  the  Senate,  entitled  "An  act  fix- 
ing the  compensation  of  Indian  asents  and  fac- 
tors," was  read  twice,  and  referred  to  the  com- 
mittee on  that  part  of  the  President's  Message 
which  relates  to  Indian  affairs. 

The  bill  from  the  Senate,  entitled  "An  act 
authorizing  a  subscription  for  the  Statistical  An- 
nals, by  Adam  Seybert,  and  the  purchase  of  Pit- 
kin's Commercial  Statistics^"  was  read  twice. 
and  referred  to  the  Committee  of  Ways  and 
Means. 

The  bill  from  the  Senate,  entitled  "An  act 
concerning  tonnage  ^nd  discriminating  duties,  in 
certain  cases,"  was  read  twice,  and  referred  to 
the  Committee  of  Commerce  and  Manufactures. 

A  Message  was  received  from  the  President 
OF  THE  United  States,  which  was  read,  as  fol- 
lows : 
To  the  Howe  ofRej^eetntativeeofthe  Untied  Statu  : 

In  compliance  with  a  resolution  of  the  House  of 
Bepseaentetivee,  of  the  10th  instant,  relative  to  the 
capture  and  imprisonment  of  certain  personn,  citizens 
of  the  United  States,  therein  specifically  mentioned* 
I  now  transmit  a  report  from  the  Secretary  of  State, 
which,  with  the  documents  accomi>anying  it,  embrace 
the  objects  contemplated  by  the  said  resolution. 

JAMES  MONROJE. 

WjLSHiiraToir,  April  15, 1818. 

The  said  Message  and  documents  were  laid  on 
the  table. 

The  Speaker  laid  before  the  House  a  letter 
from  the  Secretary  of  the  Treasury,  transmitting 
the  annual  statements  of  the  importations  of  mer- 
chandise in  American  and  foreien  vessels  for  one 
year,  ending  on  the  30th  September,  1816 ;  which 
was  ordered  to  lie  on  the  table. 

The  Speaker  aLw  laid  befoore  the  Hooae  ano- 
ther letter  from  the  Secretary  of  the  Treaaory, 


transmitting  sundry  statements  presented  in  obe- 
dience to  "An  act  establishing  a  mint  and  ref- 
lating the  coins  of  the  United  States;"  which 
was  ordered  to  He  on  the  table. 

The  Speaker  also  laid  before  the  House  sun- 
dry papers,  transmitted  to  him  by  the  Secretary 
of  State,  beinfif  the  remainder  of  those  referred  to 
in  his  report  of  the  14th  March,  accompanying  the 
Message  of  the  President  of  the  United  States  of 
that  date  ;  which  papers  were  ordefed  to  lie  on 
the  table. 

THE  SLAVE  TRADE. 

On  the  earnest  request  of  Mr.  Simkins,  who 
considered  the  bill  as  highly  important  to  the 
Southern  States  particularl]^ ;  seconded  by  Mr. 
Harrison,  who  considered  it  eoually  important 
to  the  States  not  holding  slaves,  bordering  on  the 
slaveholding  States,  the  House  proceeded  to  the 
consideration  of  the  bill  from  the  Si^nate,  supple- 
mentary to  the  act  prohibiting  the  importation 
of  slaves. 

Mr.  Simkins  proposed  an  amendment  to  the 
bill,  providing  for  disposing  of  slaves  seized  for 
being  illegally  imported,  by  sale,  one-half  of  the 
proceeds  to  the  benefit  of  the  United  States,  an4 
the  other  to  the  benefit  of  the  officers  ipaking  the 
seizures,  &c.  This  motion  was  advocated  bv 
Messrs.  Simkins  and  Edwards,  who  seconded 
the  motion,  as  the  only  means  of  executing  the 
laws  against  the  slave  trade,  as  experience  iiad 
fully  demonstrated  since  the  origin  of  tke  prohi- 
bition. Mr.  H.  Nelson  protested  against  the 
introduction  of  a  provision  into  our  laws,  which 
he  declared  to  be  inconsistent  with  the  principles 
of  our  Government,  and  calculated  to  throw  as 
wide  open  the  door  to  the  importation  of  slavea 
as  it  was  before  the  existing  prohibition.  Fur- 
ther debate  took  place  on  the  amendment,  whicii 
was  advocated  by  Mr.  Pindall,  on  the  ground  of 
the  absolute  necessity  of  such  a  nrovision,  to 
make  the  laws  efficient  against  the  slave  trptde. 

The  amendment  was  finallv  rejected  bya  large 
majority;  and  the  bill  was  ordered  to  be  engrossed 
for  a  third  reading. 

ADDITIONAL  DUTIES. 

An  engrossed  bill  to  increase  the  duties  on  iron 
in  bars  and  bolts,  iron  in  pigs,  castings^  nails,  and 
alum,  and  to  disallow  the  drawback  of  duties  on 
the  re-exportation  of  gunpowder,  was  also  read 
the  third  time — And  on  the  question,  Shall  the 
bill  pass?  it  was  determined  m  the  affirmative — 
yeas  88,  nays  47,  as  follows: 

Yeas — Messrs.  Adams,  Allen  of  Vermont,  Ander* 
son  of  Kentucky,  Btldwin,  Barber  of  Ohio,  Baasett, 
Bateman,  Beecher,  Bennett  Bloomfield,  Boden,  Camp- 
bell, Colston,  Crafts,  Crawford,  Cruger,  Calbre&t 
Darlington,  Desha,  Drake,  Earle,  EUicotC  Folger,  Gbge, 
Hale,  Hall  of  Delaware,  Harrison,  Haibionck,  Hea- 
drickfl,  Herkimer,  Herrick,  Heister,  Hitehoock,  Hobnee 
of  Connecticut,  Hopkinson,  Hnbbud,  Hunter,  Ingliia, 
Irving  of  New  York,  Kinsey,  Ku1iand»  Lawyer,  LtnB» 
Little,  W.  Maday,  W.  P.  MaeUy,  Ifarohand,  Vbmm. 
of  Masaadinsetis,  Maaon  of  fihode  Uand,  Memar» 
Merrill,  Miller,  Moore,  Moseley,  Mnmfdrd,  Mnnrurt 
Ogden,  Ogle,  Palmei^   Panolt,  Pattsmen,  Piadpll» 


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im 


1BBT0KI  OF  GON0BIB88. 


1742 


Anmiaifi. 


ikdim  4m  JhnptrU. 


H.ovR« 


8*v%ge»  dftwyer,  deadlier,  Samant,  Seybert,  Soath- 
aid»  Bpoicar,  Tarr,  Taylor,  Tompkios,  TowQaend, 
Trimbi^  Tucker  of  Virginia,  WaUier  of  North  Caro- 
lina, Walker  of  Kentaekj,  Wallace,  Wendorer,  White- 
nde,  WiDiamB  of  New  York,  and  Wilton  of  Penn- 
ayWania. 

Nat*— Messra.  Auatin,  Barbour  of  Virginia,  Blonnt, 
BnrweD,  Butler,  Clagett,  Claiborne,  Edwards,  Fiord, 
Forney,  Gamett,  Herbert,  Hogg,  Huntington,  John- 
ton  of  Virginia,  Jones,  Ltrermore,  Lowndes,  McCoy, 
Middleton,  Morton,  Jeremiah  Nelson,  Hugh  Nelson, 
T.  M.  Nelson,  Peter,  Pitkio,  PleasanU,  Poindezter, 
Seed,  Khea,  Rice,  Robettson  of  K«ntudiy,  Robertson 
oi  Louisiana,  8ampson,  Settle,  Sherwood,  Silsbee, 
Sloeuab,  Ballard  Baitii,  Speed,  Strong,  Stiother, 
Stuwrt  of  Maryland,  TerriJl,  Whilaian,  WilliaiBs  of 
Connectiout,  and  Williams  of  North  Carolina. 

Ordered^  That  the  title  be,  <<Ab  act  ta  incfeaae 
the  dottea  on  iron  in  ban  and  belts,  iron  ia  pigs, 
eastiftgs,  nails,  and  ahiin." 

DUTIES  ON  IMPORTS. 

The  House  then  resolved  itself  into  a  Commit- 
tee of  the  Whole,  on  the  bill  to  continue  in  force, 
from  and  after  the  30th  June,  1819,  until  the  30th 
June,  1826,  the  fourth  paragraph  of  the  first  sec- 
tioQ  of  the  act  ^^  to  regulate  the  duties  on  imports 
and  tonnage."  The  paragraph  referred  to  is  that 
which  establishes  the  duty  on  the  importation  of 
foreiffB  manufactures,  of  which  the  principal  ma- 
leriai  is  wool  or  cotton,  dbe. 

Mr.  Edwardb  moYed-<^n  the  ground  that  there 
was  no  atcessity  for  acting  on  the  subject  at  the 
preaent  time,  and.  being  no  necessity  for  it,  there 
remained  too  little  time  for  a  proper  inrestiga- 
lion  of  tbe  snbject-^that  the  first  section  of  the 
bill  be  stricken  out. 

This  motion  gave  rise  to  a  short,  bat  spirited 
debate;  in  the  course  of  which,  Mr*  Tuokeb,  Mr. 
EpwaaDS,  Mr.  Mkroer,  and  Mr.  Rbba,  supported 
the  motion,  as  well  on  the  ground  of  hostility  to 
the  excessive  taxation  of  agriculture  for  the  ben- 
efit of  tbe  manufacturing  interest,  as  of  the  want 
of  Ume  for  a  full  discassion,  &>e*  Apd  Mr.  Set- 
BBBT,  Mr.  Clat,  Mr.  Mason  of  Massachusetts. 
Mr.  B^wni,  Mr.  Kinset,  Mr.  Lownbeb,  and 
Mr,  Southard,  opposed  it,  on  both  ihe  grounds 
aasiimed. 

The  Question  having  been  taken  on  strikiag 
ooc  the  first  aectioo,  it  was  decided  iu  the  nega- 
uve-^ayes  33. 

Tiie  Cemmtltee  then  proceeded  further  in 
antiiduig  the  bill;  in  which  Mr.  Silsbbb,  Mr. 
LowKiMM,  aad  Mr.  Pitkin,  took  part. 

Mr.  Merobr  proposed  an  amendment,  the  ob- 
jeet  of  which  was,  that  the  duty  of  25  per  cent, 
should  be  imposed,  not  on  a  fixed  value  of  25  cents 
per  yard,  but  upon  an  actual  valuation,  as  in  the 
case  of  other  aa  valorem  duties. — Negatived. 

Mr.  Colston  made  a  motion  to  amend  the  bill, 
the  object  of  which  was,  to  limit  the  extension 
of  the  present  duties  to  two  years,  instead  otaeverif 
418  provided  by  the  bilL  Aod  this  motion  was 
decided  in  the  negative^yeas  31,  nays  108,  as 
ioUdWf: 

Barispar  of  Yirginit,  Btu- 


weU,  Cobb,  Colston,  Edwards,  Srvtn  of  .8o«th  CaM- 
liiia,  Fozn^,  Hogg,  Johnson  of  Virgtiiia,  Meraw, 
MiUer,  H.  Nelson,  T.  M.  Nelson,  Peter,  Pindall,  Ftea- 
ssBts,  Reed,  Rhea,  Sdinyler,  Sloenmb,  B.  SsAitii, 
A.  Smyth,  J.  8.  Bmith,  Stewart  of  North  Canlina, 
Stuart  of  Maryland,  TadLer  of  Virginia,  Tucker  of 
Sooth  Carohna,  W«lksr  of  North  Carolina,  Williama 
of  North  Carolina,  and  Wilson  of  Massachnselts-^Si. 

Nats— Messn.  Abbott,  Adams,  Alien  of  FemiOHt, 
Anderson  of  Kentucky,  Baldwin,  Barber  of  Ohio,  Bai^ 
sett,  Bateman,  Beecher,  Bennett,  Bloomfield,,  Boden, 
Boss,  Butler,  Campbell,  Clagett,  Cook,  Cnits,  Craw- 
ford, Crnger,  Culbreth,  Cushmon,  Darlington,  Desha, 
Drake,  Eaile,  Ellicott,  Floyd,  Folger,  Gage,  Hale, 
Hall  of  Del,  Harrison,  Hasb^uek,  Herri<»,  Hitch- 
cock, Holmes  of  Connecticut,  Hopkinson,  Hubbasd, 
Hunter,  Huntington,  Ingham,  Imng  of  New  Yoi|t, 
Jenes,  Kinsey,  Kirtlsind,  Lawyer,  Linn,  Little,  Liver- 
mofs,  Lowndes,  W,  Maclay,  W*  P,  Mftclfly^  McCoy* 
llliirchftnJ^  Marr,  Mssan  of  MaJfj^achuseUs,  Mawoa  ot 
RhioJo  l£[andji  M*^iTin,  Moori?,  Morton,  Moseley,  Mum- 
ford^  Murray,  Ogdcn^  Ogle,  Palmer^  Parrot l.  Palter- 
so  ti,  Fltkm«  Porter^  Rich^  Kich%id«:i  BkiggaH,  Hobart* 
son  of  Kentucky,  Roberiaoa  of  LQuiaianar,  Eogem, 
Rugglcs^SaaipsoD,  S^vage^Sawyerf  Beudde  ft  Sergeant, 
Seybert,  Sherwood,  Simkuiif,  &.  Smilb,  Soathaid, 
Speed,  Spencer,  Strong,  Strother,  Tarr,  Taylor,  Teny , 
Tompkiaa,  Towotend,  Trimble,  Walker  of  Kentuclcy, 
Wdllace,  Wendover,  WfiateTb,  Whiteside,  Wh]tiiiaii> 
Willijiins  of  Connect icut,  WilUamfi  of  New  Y^jik, 
Wilkin,  and  Wilson  of  FennsyiYania-^108. 

Bo  the  QMtioo  was  rtjeotcd. 

Mr.  Smith,  of  N.  Carolina,  mov«d  an  jMnand* 
ment  to  the  bill,  to.this  efeet :  that,  after  the  Mh 
Jane  next,  the  duty  of  20  cents  per  hiishel  on  eait 
imported  should  cease^  and  a  doty  of  10  eeols 
thereon  be  substituted  in  lieu  thereof. 

On  the  suggestion  of  Mr.  MBRoan,  Mr.  S(ai«B 
consented  ti)  modify  his  motion,  so  as  to  propose 
12^  cents  instead  o!  10  cents,  as  the  fature  duly 
00  salt. 

Mr.  Cobb  adrocated  (he  motion  at  some  teit|ddi, 
aod  Mr.  LowNoes  opposed  it.  After  which,  tbe 
question  was  taken  on  the  motiop,  and  .decided 
in  the  negative— yeas  53,  nays  92, as  follows: 

YxAS — Messrs.  Abbot,  Anderson  of  Kentucky,  Aus- 
tin, Baldwin,  Barbour  of  Virginia,  Boden,  Burweil, 
Butler,  Clagett,  Cobb,  Colston,  Edwards,  Enrin  of 
South  Carolina,  Hale,  HaU  of  Dalaware,  Herbert,  Her- 
kimer, Hogg,  Hopkinson,  Johnson  of  Virginia,  Liver- 
more,  McCoy,  Mercer,  Miller,  J.  Nelson,  H.  Nelson, 
T.  M.  Nelson,  Ogle,  Peter,  Pindall,  Reed,  Ringgold, 
Robertson  of  Louisiana,  Rogers,  Savage,  Schuyter, 
Settle,  Sherwood,  Silsbee,  Simkins,  Slocumb,  J.  8. 
Smith,  Southard,  Speed,  Stewart  of  North  Carolina, 
Strother,  Tucker  of  Virginia,  Tucker  of  South  Oa^n 
lina.  Walker  of  North  Carolina,  Walker  of  Kentucky, 
Williams  of  Connecticut,  Williams  of  North  Caxo- 
lina,  and  Wileen  of  Massachusetts — 68. 

Nats— Messrs.  Adams,  Allen  of  Vermont,  Baiber 
of  Ohio,  Bassett,  Bateman,  Beecher,  Bennett,  Bloom- 
field,  Blount,  Boss,  Campbell,  Comrtock,  Cook,  Crafts, 
Crawford,  Cruger,  Culbioth,  Cushman,  Darhngteo, 
Desha,  Drake,  Earle,  EUioott,  Ftoyd,  Tolger,  FomoT, 
Gage,  Harrison,  Hasbrouck,  Hendncks,  Heornck,  Hitch- 
cock, Hubbard,  Hunter,  Huntington,  Irving  of  New 
Yozfc,  Jones,  Kinsey,  Kirtland,  Lawyer,  Linn,  Little, 
Lowndes,  W.  Maday,  W.  P.  Maday,  Marchand,  Marr^ 


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17^8 


mSTOKT  09  C0IfGKaB8B. 


1744 


H.or&. 


Amendmmt  to  the  QmMtOion. 


AraiL)  1818. 


Umom  of  BfMmdiBMtte,  M  awm  of  Rhode 
ifflirill,  Moore,  Morton,  Moeelej,  Mnmford,  Momj, 
^Ofden,  Owen,  Palmer,  I'errott,  Patterson,  Pilkin, 
Pleaeantf ,  Porter,  Rhea,  Rich,  Rioharda,  RobertMm  of 
£ent«cky,  Roggles,  8ampM>n,  Sawyer,  8cadder,  8er- 
<geant,  Seybert,  B.  Smith,  Spencer,  Strong,  Tarr,  Tay- 
lor, Terrill,  Teny,  Tompkine,  Tmyneend,  Trimble, 
Upham,  WaUace,  Wendover,  Westerlo,  Whiteude, 
Whitman,  Williama  of  New  York,  Wilkin,  and  Wil- 
•on  of  PenniylTania— 98. 

The  question  was  then  taken,  Shall  the  bill  be 
engrossed  and  read  a  third  time,  and  passed  in 
the  affirmative — yeas  106.  nays  34,  as  follows : 

TxAs— Meesn.  AbbjOtt,  Adams,  Anderson  of  Ken- 
tucky, Baldwin,  Barber  of  Ohio,  Baseett,  Bateman, 
Beecher,  Bennett,  Bloomfield,  Boden,  Boss,  Butler, 
Campbell,  Clagett,  Comstock,  Cook,  Crafts,  Crawford, 
Cruger,  Culbreth,  Cushman,  Darlington,  Desha,  Drake, 
Earle,  EUicott,  Floyd,  Folger,  Gage,  Hale,  Hall  of 
Delaware,  Hasbrouck,  Hendricks,  Herkimer,  Herrick, 
Hitchcock,  Holmes  of  Connecticut,  Hopkinson,  Hub- 
bard, Hunter,  Huntington,  Irring  of  New  York,  Kin- 
8ey»  Kirtland,  Lawyer,  Luin,  Little,  Lowndes,  W.  Mac- 
laTy  Wm.  P.  Maclay,  McCoy,  Marchand,  Mason  of 
Massachusetts,  Mason  of  Rhode  Island,  Merrill,  Moore, 
Morton,  Moseley,  Mumford,  Murray,  Ogden,  Ogle, 
Palmer,  Parrott,  Patterson,  Pitkin,  Porter,  Rich,  Rich- 
ards, Ringgold,  Robertson  of  Kentucky,  Robertson  of 
Louisiana,  Rogers,  Ruggles,  Sampson,  Savage,  Saw- 
yer, Scudder,  Sergeant,  Seybert,  Sherwood,  Silsbee, 
Simkins,  Southard,  Speed,  Spencer,  Strong,  Tarr,  Tay- 
lor, Terrill,  Terry,  Tompkins,  Townsend,  Trimble, 
U^am,  Walker  of  Kentucky,  Wallace,  Wendover, 
Westerio,  Whiteside,  Whitman,  Williams  of  Connec- 
Ueut,  Williams  of  New  York,  Wilkin,  and  Wilson  of 
PennsyWania — 106. 

Nats — Messrs.  Austin,  Barbour  of  Virginia,  Blount, 
Bnrwell,  Cobb,  Colston,  Edwards,  Errin  of  South 
Oaiolina»  Forney,  Harrinon,  Herbert,  Hogg,  Johnson 
of  Virginia,  Jones,  Mercer,  Miller,  T.  M.  Nelson, 
Owen,  Peter,  Pindall,  Pleasants,  Reed,  Rhea,  Schuy- 
ler, Settle,  Slocumb,  B.  Smith,  J.  S.  Smith,  Stewart  of 
North  Carolina,  Tucker  of  Virginia,  Tucker  of  South 
4Darolina,  Walker  of  North  Carolina,  Williams  of 
North  Carolina,  and  Wilson  of  Massachusetts — 34. 

The  bill  was  then  ordered  to  be  read  a  third 
time  to-morrow. 

Thursday,  April  16. 
Mr.  Lowndes,  from  the  Committee  of  Ways 
and  Means,  to  which  was  referred  the  bill  from 
the  Senate,  entitled  ^An  act  authorizing  a  sub- 
scription for  the  Statistical  Annals,  by  Adam 
Sevbert,  and  the  purchase  of  Pitkin's  Uommer- 
cial  Statistics,  reported  the  same  without  amend- 
ment, and  it  was  committed  to  a  Committee  of 
theWhole. 

On  motion  of  Mr.  Hugh  Nelson,  the  Commit- 
tee of  Accounts  were  authorized  and  directed  to 
make  the  same  allowance  for  extra  services  to 
the  persons  serving  this  Hoase  as  were  granted 
at  the  end  of  the  last  session,  and  to  Christopher 
Dunn,  for  his  services,  fifty  dollars. 
On  motion  of  Mr.  Robertson,  of  Louisiana. 
*  the  President  of  the  United  Sutes  was  requested 
to  obtain  from  the  Spanish  authorities  all  records 
and  official  documents  appertaining  to  the  gov- 


ernment of  Louisiana,  particulariy  Mich  as  oon-. 
cem  grants  and  titles  to  land  which  may  have 
been  taken  out  of  that  countrf  at  the  period  of 
its  cession  to  the  United  States.— Mr.  Robbrtsov 
and  Mr.  Irving  were  appointed  a  committee  to 
present  the  said  resolution  to  the  President  of  the 
United  States. 

On  motion  of  Mr.  Robertson,  the  memorial 
and  petitions  relative  to  land  claims  which  have 
been  addressed  to  this  House  from  the  State  of 
Louisiana  and  the  Territory  of  Missouri,  were 
referred  to  the  Secretary  of  the  Treasury,  with  a 
request  to  report  to  Congre88,at  their  next  teaaioa, 
a  plan  for  their  final  a^ustment  and  settlemeol. 

In  pursuance  of  the  notice  eiven  yesterdaj, 
Mr.  SooTT  asked  and  obtained  leave  to  bring  la 
a  bill  to  suspend  the  sales  of  certain  lands  in  the 
State  of  Louisiana  and  Territory  of  Miaaoari ; 
and  Mr«  Scott,  Mr.  Robertson,  of  Louisiana, 
and  Mr.  Poindexter^  were  appointed  a  commit- 
tee to  prepare  and  bring  in  the  same,  with  leave 
to  sit  during  the  session  of  the  House. 

The  bill  from  the  Senate,  entitled  ''An  act  in 
addition  to  an  act  to  prohibit  the  introduction  of 
slaves  into  any  port  or  place  within  the  Jurisdic- 
tion of  the  United  States,  from  and  after  the  first 
day  of  January,  in  the  year  of  our  Lord,  1808,'* 
and  to  repeal  certain  parts  of  the  same,  was  read 
the  third  time  and  passed  as  amended. 

An  engrossed  bill,  entitled  ''An  act  to  continue 
in  force  from  and  after  the  30th  of  June,  1619, 
until  the  30th  of  June,  1826,  the  fourth  paragraph 
of  the  Ist  section  of  the  act,  entitled  "An  act  to 
regulate  the  duties  on  imports  and  tonnage,**  was 
read  the  third  time  and  passed. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  passed  the  bill,  entitled  "An 
act  for  the  relief  of  the  houses  of  Thomas  and 
John  Clifibrd,  Elisba  Fisher  and  Company, 
Thomas  Clifford  and  Son,  and  Thomas  Clifford, 
of  Philadelphia,  and  Charles  Wirffman,  of  Balti- 
inore,"  witn  amendments,  in  which  they  ask  the 
concurrence  of  this  House. 

AMENDMENT  TO  THE  CONSTITUTION. 

Mr.  Lbwis  submitted  the  following  propositioa 
of  amendment  to  the  Constitution  of  the  United 
States,  which  was  read  and  ordered  to  lie  on  the 
table: 

lUiolvedt  by  the  Senate  and  Bouse  of  lUpftsenim-' 
Hve$  of  the  ifnited  8taie»  of  America  m  Congreoa  «t- 
Hmbted^  iwo4hirdt  of  the  eame  eoneuningf  That  the 
fi>llowing  sections  be  recommended  to  the  eeweial 
States  of  the  Union,  for  their  adoption,  as  amendmeata 
to  the  ConsUtntion  of  the  United  States : 

I.  The  President  of  the  United  Stetes  shall  not,  ia 
future,  have  the  power  of  approving  or  diMpproving 
any  bUl,  or  bills,  or  joint  resolutions,  passed  by  the 
Senate  and  House  of  Representatives. 

n.  Tho  Senate  and  House  of  Representativee  of 
the  United  States  shall,  by  joint  ballot,  appoint  to  dB- 
ces,  and  fill  all  vacancies  in  the  judiciary  of  the  United 
Stetes. 

m.  The  Senate  and  House  of  Representatives  of 
the  United  Stetes  shall  appoint,  by  johit  ballot,  the  M- 
lowing  heads  of  departments^  whose  term  of  serriee 
shall  coatinne  •»—  yean ;  but  may  be  removed  frsm 


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vm 


HI8KQBY  OV  COWGtHBBB: 


1746 


ApBfL,  1818. 


Bank  of  ike  United  SkUee. 


H.  opR. 


•Aee  at  say  tinM  toioff  Hw  tern  Ibr  wlaBh  tfcqr  w«Fe 
fleeted,  for  inehBtty  to  aindierge  the  duties  of  office, 
orlbr  liigh  criflMi  aid  iiiiedemeeiion : 

Ul»  A  Beeretaiyef  Uie  TreeeiuyyWbo  shall  apfoint 
all  aOcen  bekcifuig  to  the  DepaEtanent  of  the  Trea- 
nny. 

Sd.  A  Seeietaiy  of  Wai^  who  ahall  hare  the  power 
of  appointiog  all  <^ioere,  both  dvil  and  military,  be* 
longing  to  the  Department  of  War. 

8d.  A  Secretary  of  the  Navy,  who  ahall  ha^e  the 

Kwer  to  appoint  all  officers,  both  civil  and  military, 
longing  to  the  Department  of  the  Navy. 

4th.  A  Postmaster  General,  who  shall  have  the 
power  to  appoint  all  officers  belonging  to  the  Post 
Office  Department. 

IT.  Vacancies  occasioned  by  death,  resignation,  or 
remoTsl  from  office,  in  the  Jnmeiary,  or  of  the  Heads 
of  Departments  shall  be  amenable  to  Congress  for  all 
appointments  made  by  them;  and  to  prtrent  improper 
rocommeodattons  to  office,  wheneTer  anr  person  in 
oOeo  shall  be  covHeted  of  any  eiime,  misaniieaBor,  or 
be  (MsniMifid  torn  office,  for  neglsct  of  dn^,  the  name 
af  the  person  so  oon^eted,  or  dismissed,  with  the  name 
or  names  of  those  who  recommended  him  to  office, 
shall  be  adrertised  for  six  months  in  some  newspapers, 
in  oTCTy  Stato  and  Territory  of  the  United  States  in 
whidi  there  shall  be  aprinting  office. 

y.  No  member  of  Cfongress  shall  be  appointed  to 
any  office,  either  dyU  or  military,  under  the  GoTcrn- 
nent  of  the  United  States,  during  the  term  for  which 
he  was  elected,  and  for  twelve  months  thereafter. 

DJEUNQUBNT  PAYMASTERS. 

Mr.  T.  M.  Nelson  reported  a  bill  to  authorize 
the  recovery  of  pablic  money.  [FroridiDg  that 
aoit  may  be  eommenced  to  coevte  a  satdement  of 
men  accounts  of  persons  who  reeeireand  expend 
tii«  fublie  moneys.] 

This  bill  was  twice  read. 

Mr.  T.  M.  Nblson  paored,  that  it  be  read  a 
third  time.  Referrioff  to  a  statement,  yesterday 
laid^OD  the  tables  of  the  House,  of  the  names  of 
tiiose  ''paymasteraofihe  late  army  of  the  United 
Stales''  who  bare  failed  duly  to  accoaat  for  the 
moneys  oonfided  to  their  charge,  Mr.  N.  said, 
there  was,  it  appeared,  an  unliquidated  debt,  ap- 
parently due,  from  persons  of  that  description 
atone,  to  the  amount  of  three  millions  of  dollars. 
Upon  conversation  with  the  accounting  officers 
of  the  Treasury,  he  found  that  they  did  not  con- 
fukr  themsdres  authorized  to  bring  suit  agaiost 
nay  delinquent  until  his  accounts  were  liquidated. 
and  the  balance  aacertained.  This  settlement,  or 
eourae,  was  delayed  by  the  defaulter ;  and  the 
o^ect  of  the  bill  was  to  enable  the  accounting 
officers  to  coerce  the  persons  so  situated  to  come 
to  n  seulement. 

•  Aftersomeconrersationin  which  Mr.Lownoss 
repressed  his  surprise  at  the  construction  which 
it  appeared  had  been  given  to  the  existiog  law; 
Mr.  BuBWBLL  coi^ratulated  the  House  on  the 
introduction  of  this  bill,  so  necessary  to  the  secu- 
litjT  of  public  monev,  to  the  protection  of  honest 
ekimnnu,  and  the  aetection  of  fraudulent  trans- 
aetions ;  and  Mr.  T.  M.  NsLaoii  reai&rmed  what 
he  had  already  said,  adding,  that,  as  Qovernment 
preserved  a  coercive  power  over  officers  while  in 
e^  instances  have  occvrred  frequently,  in 


nHitch  offiaers,  under  the  present  regulations, 
were  kept  in  office  without  performing  any  duty, 
merely  to  secure  a  settlement  of  their  accounts. 
The  bill  was  ordered  to  be  engrossed  for  a  third 
reading. 

BANK  OP  THE  UNITED  STATES. 

The  bill  from  the  Senate,  supplementary  to  the 
act  incorporating  the  Bank  of  toe  United  States, 
^authorizing  the  appointment  of  a  vice  presi- 
aent,  d&c,)  naving  been  read,  and  the  question 
stated  on  ordering  the  same  to  be  read  a  third 
time — 

Mr.  Moons,  of  Pennsylvania,  rose  and  said,  he 
hoped  the  bill  would  not  be  ordered  to  a  third 
reading.  He  said  he  was  opposed  to  the  passage 
of  this  bill  for  several  reasons :  because  it  con- 
tained a  principle  novel  and  unprecedented  in 
itself,  authorizing  the  president  and  directors  of 
this  stupendous  national  institution  to  apfXMnt  an 
assbtant  president  and  cashier,  for  signing  the 
bills  of  the  bank,  in  order  to  throw  more  of  their 
paper  into  circulation  and  into  the  market.  This, 
of  itself,  was  sufficient  to  induce  him  to  vote 
against  the  bill  on  the  table ;  inasmuch,  as  he  did 
not  believe  that  such  a  necessit]^  existed  as  to 
warrant  or  to  justify  Congress  to  interfere  in  this 
unknown  of  and  unprecedented  way.  But  this, 
Mr.  M.  said,  was  not  his  strong  objection  to  the 
passage  of  the  bill — he  was  opposed  to  affording 
any  additional  facilities  to  this  immense  corpor- 
ation, already  too  powerful  as  it  respeoted  the 
moneyed  transactions  of  this  country,  further  to 
oppress  the  State  and  local  banks  of  this  country, 
and,  through  them,  the  people— those  of  the  West- 
ern country  particularly.  He  was  enabled,  he 
said,  by  his  personal  observations,  to  speak  with 
precision  as  to  the  prejudicial  results  and  effeats 
this  bank  had  in  its  operation  there,  particularly 
in  that  portion  of  the  country  he  had  the  honor, 
in  pa]^,  to  represent.  Sir,  said  he,  in  consequence 
of  the  inimical  dispoution  shown  by  this  power- 
ful national  corporation,  to  the  State  ana  local 
banks,  the  paper  of  the  latur  is  at  a  large  discount, 
although  they  pav  specie  for  their  noces^  and  are 
obliged  to  curtail  their  discounts,  and,  in'  many 
instances,  compelled  to  press  their  borrowers  in 
order  to  redeem  their  paper,  held  by  this  bank,  its 
branches,  and  the  Qovernment.  This  process, 
Mr.  M.  said,  caused  a  pressure  severe  in  the  ex- 
treme, and  unprecedented  in  its  extent,  in  the 
West,  so  much  so,  that  he  would  be  unfaithful 
to  hb  constituents  and  to  himself  if  he  did  not 
raise  his  voice  against  the  passage  of  this  bill, 
which,  in  his  opinion,  was  fraught  with  evils  to 
the  viul  interest  of  the  Western  country ;  and  he 
hoped  there  was  virtue  and  independence  enouffh 
in  this  House  to  prevent  its  passage,  and  thereby 
rescue,  temporarily  at  least,  a  great  portion  of  the 
people  from  sudden  and  inevitable  ruin.  Mr.  M. 
said,  ha  would  not  now  examine  the  policy  or  im- 
policy of  the  establishment  of  this  national  hank. 
It  was  now  too  late  for  that  discussion :  he  would 
only  remark,  he  never  was  in  favor  of  the  crea- 
tion of  this  corporation  at  the  time  it  was  created| 
with  iu  ami^e  powers  and  enormous  capital. 


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HISIOBX  OF  CCBfQBm. 


ism 


B»  OF  BLm 


Bmdtofike  Vnikd  Simlm. 


AHUL,iBUI. 


Hk  obmrTatiooshe  now  wialied  totenfifie  to  the 
f  IEkU  and  operatioas  of  this  bank  od  ihe  oooa- 
try.  What,  he  asked,  were  the  eonsequeaeee,  in 
the  State  of  Ohio,  of  the  orders  giren  to  (he  re- 
ceivers of  public  inonevs  there  by  the  Secretary 
of  the  Treasury  ?  In  toe  land  office  at  Wooster, 
he  was  infbrmed,  no  money  would  be  taken  but 
the  paper  of  the  Baokof  the  Uaited  States,  specie, 
attd  paper  at  par  ia  the  eities.  This  it  was  oat 
of  the  p^er  of  the  people  to  procure,  as  the  paper 
ef  all  their  baaks  was  at  a  diseooot ;  the  coase- 
qoeoee  would  be,  that  maay  of  oar  most  raloabte 
citizens  will  be  ruined,  their  labor  and  money  be 
lost,  and  their  land  rerert  to  the  QoyerMaent,  or 
M\  into  the  haode  of  moneyed  speculators.  All 
this  embarrassaient  wasattnbuted,  he  said,  by  the 
best  fnforaied,  to  the  operatioos  of  this  stapeodoos 
bank.  This  rery  momiaff  had  this  House  passed 
a  biU  preventiag  the  forfeiture  of  lands  ia  Ohio, 
for  the  BOD-paymeat  of  the  moatys  due  aoeording 
to  the  utmks  of  sale,  uatil  the  Slst  of  March  next. 
This  is  but  a  lempotary  relief  and  is  founded  on 
the  ettbarrassnent  occasioned  by  this  bank  on 
tlM  moneyed  traasaetioos  of  the  country.  What 
had  been  tbe  conduct  of  one  of  its  branches,  esta- 
blished at  Pitubarg,  so  late  as  February  last? 
They  diseovated  somewhere  about  three  hundred 
thousand  dollars,  siaee  which  they  hare  required 
tweotjr^^ye  per  cent,  as  he  was  mformed,  to  be 
paid  la  oa  all  diacottats^<-attd  would  reoeiye  no 
moaay  ia  payment  of  that  curtail  but  specie,  their 
own  papor,  or  the  paper  of  tM  banks  of  Pittsburg. 
Was  this  not  calculated  to  ruin  its  borrowers,  and 
those  banks,  and,  through  those  banks,  the  sur- 
ffoaadingbanksaBd  the  people  f  Whan  each  was 
the  pressure  oecastonea  by  this  bank,  with  its 
pieseat  power  and  facilities,  would  this  lloute 
afiiid  additioaal  {wwers  aad  facilities  to  farther, 
aad  BKMre  rapidly  increase,  the  present  alarming 
pressure  9  I  trust  and  hope  not,  said  Mr,  M.  Sir, 
oaless  this  gigantic  institution  is  goyerned  by  a 
BMwe  liberaland  taagnaaimous  pouoy  than  hith- 
ertOi  it  wiU  too  soon  crash  the  State  and  local 
baaks,  and  oppress  the  majority  of  this  nation. 
What  is  the  coarse  aow,  he  asked,  ia  the  West, 
ia  eolleeting  Bastem  debts  ?  Why,  sir,  nothing 
but  money  that  can  be  had  but  by  few  will  be 
taken  in  payment;  propisrty  will  be  sacrificed  for 
Iktie  or  nothing,  as,  in  the  nature  of  things,  there 
can  be  but  lew  purchasers,  and  the  result  will  be, 
that  the  real  property  of  the  West  will  fall  into  the 
hands  of  the  wealthy  merchants  and  bank  stock- 
halders.  Mr.  M.  said,  in  every  point  of  view  in 
which  he  ooaid  look  at  this  bill,  it  was  pregnant 
with  evils.  He,  therefore,  hoped  it  would  not 
pass  to  a  third  reading;  and  moved,  that  when 
the  question  was  taken,  it  should  be  taken  by  yeas 
•ad  n*ye* 

Mr.  PoiifOBXTEB.  of  Mississippi,  said,  that  this 
was  a  late  period  of  the  session,  affording  no  time 
for  a  discussion  of  this  bill ;  and.  as  no  absolute 
aeoessity  could  be  alle^^d  for  lU  passage,  he 
moved  that  the  sanae  be  indefinitely  postponed. 

Mr.  FoasYTB,  of  Georgia,  said  be  could  not 
Sfi  •nonnecessity  for  the  postponement  of  this 
If  the  bill  contains  incorrect  principles. 


bUL 


ar  the  QWesiB 
ibeobwM^ 


it  ought  aac  to  mm  m  aH;  hal)  if 
it  might  as  well  ae  adopted  now  as  at  tha*MBt 
session  of  Congress.  For  his  own  pail,  heaaid, 
he  could  not  see  the  impropriptf  of  j|ivii 
this  institotioo  tho  power  of  ^batiag 
for  which  it  was  established.  It  must ' 
he  said,  ihftt  the  president  and  difeetors  were 
under  a  moral  oblation  to  coi^plfwtth  fhefr 
engagements  to  the  United  States.  WlM^t  were 
those  engagements?  One  of  them  was,  to  supply 
a  sufficient  quantity  of  pap^r  for  the  purposes  of 
the  revenue.  This  obligation,  it  wasclear,  eotfld 
not  be  [iierforaied,  unkss  the  officers  of  the. ban): 
have  it  in  their  power  to  prepare  the  puff r.  JSp 
|[entleioao  would  deny,  that  it  was  phirsioaUy 
iD^ssible  for  theea  f^^  present  to  4o  it.  This  in- 
•tiUHiaa^  he  said,  had  baea  aJaeivLy  two  y eoas  m 
opciaitioQ ;  aad,  with  :th»  aiost  aamaondiaasy  ^av- 
eriioBs,  had  not  hcea  abla  to  issue  paper  to^a* 
aoMMit  of  aiore  than  tajoaiy  miUioae  of  doHaae, 
more  than  twelve  auiliooa  «f  which  oaai  waae 
poet  notes,  which  ware,  ia  the  coarse  of  basiaeee, 
returned  to  them,  aad  not  reissoed;  so  lhat,ia 
fact,  there  were  but  etfht  mlllioas  of  paper  of  aha 
bank  in  circulation.  The  interest  of  the  Uaitad 
States,  therefore,  and  the  accomplishment  of  the 
object  for  which  the  bank  was  established,  de- 
manded the  passage  of  this  bilL 

But,  there  was  apother  important  reason,  Mt- 
F.  said,  why  be  thought  this  bill  ought  to  pass. 
According  K>  the  chatter  of  the  bank,  there  were 
two  or  three  laodes  by  which  the  object  how 
sought  could  be  effeoted  by  the  bank,  bat  ia  a 
manner  mora  daagerous  to  the  inioreslaaf  the 
comamai^  thaa  that  proposed.  The  baak  is  a«- 
thorized  to  trade  in  bills  of  exehaage,  and  tiraAis 
in  bills  with  each  of  its  branches.  The  direotors 
then  have  nothing  to  do  but  mahe  an  order  direct- 
iag  the  president  and* cashier  of  each  haaah  to 
draw  OB  them  sbmU  bills,  nayahia  to  the  beaatr, 
and  the  object  is  effected.  Qealkmen  »av  shate 
their  heads  at  this  aaggestloa,  Mr.  F.  said,  hatif 
they  would  Joofc  at  the  eharter.  ihey  would  ate  it 
miglit  be  done.  And,  as  to  the  fear  of  saeh  m 
measare  beiag  visited  on  their  heads  by  tha4ia- 
pleasure  of  this  House,  the  directors  had  no  rea- 
son to  fear  it ;  for,  he  said,  the  bank  bad  akaiuif 
infringed  its  charter,  ia  his  opioioa,  in  «n  eatia- 
ordinary  manner,  and  the  attempt  at  aa  inqair^. 
even^  into  their  conduct,  wae  aappresaed  in  thsir^ 
House.  For  an  act  such  as  he  kii  soggeatad  as 
within  the  power  of  the  bank,  the  courts  of  j«a- 
tice  would  not  set  aside  their enarta ;  and  hawae 
for  passing  this  law  to  remove  ail  temptaiioa  io 
such  a  course,  particularly  as  he  saw  no  ohjf  efian 
to  the  bill  itself.  If  the  gentleman  who  hadepokea 
of  the  pressure  upon  the  0taie  banks  woaM  ^ak 
into  the  suliiject,  he  would  find  that  the  oaase  of 
it  was  the  deficiency  of  the  paper  ia  ciroi^tkaa ; 
for,  if  there  were  abundaace  of  tbe  paper  of  the 
Bank  of  the  United  States  in  circutation,  the 
State  baaks  could  certaialy  get  it.  The  etrr  e^ 
jeotion  whieh  be  had  made  fo  the  pesaa|e  of  tMs 
bill  was  really  a  straag  argomeat  in  its  nvor.  It 
did  not  appear  to  Mr.  F.  that  there  was  aay  teiii- 
sonabieoeiecitioa  to  this  hilliaad  any  ^ 


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1TI9 


HX8T0BV  OF  CaNGRBSa 


1760 


A^miL,  1818. 


Bonk  of  ib£  UmUd  StaU$. 


H.  OF  a« 


who  uroold  read  ilie  letUf  of  Uie  Secretary  of  the 
Treafuiy  on  this  subject  most,  be  though t,  be 
satisfied  of  the  necessity  of  soeh  a  provision  as 
that  coataiaed  in  it. 

Mr.  KoBBBTSOM,  of  LoQAsiana,  inqaired  whe* 
ther  this  hill  was  foonded  on  a  petition  from  the 
stockholders  1  If  not,  he  felt  np  disposition  to  act 
at  all  npoo  the  subject. 

The  Bpbaker  replied,  that  there  was  a  petition 
from  the  stockholders. 

Mr.  MABRifloif,  of  Ohio,  said,  that  the  opposi- 
tion of  the  gemleBoan  from  Pennsylvania  proved, 
rery  coocloslvdy)  ihat  the  people  might  aim  at 
the  same  objects,  and  porsne  different  courses  to 
attain  it.  Mr.  li.  said,  he  was  in  favor  of  the  bill 
for  the  express  reasons  ass^ed  by  the  gentleo^an 
from  Pennsylvania  for  voting  aj^ainst  itr— to  re- 
moTe  the  prenure  on  the  land  offices.  This  pres- 
sure, said  Mr.  H.,  had  been  (eh  some  time,  but 
lately  more  severely,  in  consequence  of  orders 
from  the  Secretary  of  the  Treasury  prescribing 
the  particular  money  to  be  received  in  payment  : 
Ffom  ray  own  knowledge  I  can  say  that  of  that 
money,  tbe  jMiper  of  the  Bunk  of  the  United 
Suites,  there  is  scareelv  a  note  to  be  found  in  cir- 
cuJalion.  What  was  the  alternative  permitted  to 
those  who  owed  money  for  public  lands  7  To 
pay  the  amount  in  specje.  If  the  debts  due  to  the 
United  States  were  to  be  paid  only  in  a  s[>ecie^ 
of  jmper  not  to  be  found,  or  in  specie,  was  it  not 
evident  (bat  the  vaults  of  the  State  banks  must 
be  drained?  It  bad  been  said,  that  there  was 
abondanoeof  the  paper  of  the  Bank  of  the  United 
States  in  the  ofl&ces  of  discount  and  deposite  in 
the  Western  coUinUT.  Mr.  H.  said,  if  tnat  were 
tbe  iact,  there  wonld  have  been  no  necessity  for 
the  measure  proposed  in  tbe  bill.  But,  be  believed 
it  was  not  the  Jiaet,  and  thst  there  was  a  very 
small  qiuntity  of  that  paper  in  the  Western  coun- 
try, it  being  constantly  taken  up  by  the  merchants, 
and  seat  to  the  greitt  ctues  of  the  United  Stpites 
to  pajr  for  goods.  He  wjm  perfectly  convinced, 
he  said,  that  the  pressure  on  the  citizens  of  the 
West  could  only  be  relieved  by  a  measure  of  the 
sort  now  proppsedj  9nd  wm  therefore  in  iavor  qf 
thebilU 

Mr.  CLAiBoniiB,  of  Tennessee,  hoped  the  bill 
wo«ld  not  pass.  The  B^nk  of  the  United  States 
was  already  a  pretty  stroi^  bi^nk,  and  would  be 
stronger  some  years  henoe.  The  State  institu- 
tions would  have  to  bend  before  the  mammqth 
bankf  as  surely  as  the  sun  rises  in  the  east  and 
sats  in  the  west;  and  the  more  Congress  inter- 
fered with  the  charter  of  that  moneyed  firistoc- 
racjr.  In  the  course  of  its  progress,  the  more  they 
would  enable  it  to  operate  on  the  people  of  the 
United  States.  The  influences  which  ^row  ont 
of  moneyed  institutions  are  always  felt  in  every 
public  body  and  in  every  state  of  society ',  and  tbe 
older,  the  more  firmly  is  their  power  established, 
the  HBore  certain  is  their  influence,  not  only  on 
this  body^  but  on  the  people  of  the  United  States. 
Mr.  C.  said  be  had  always  entertained  the  opinion 
that  tbe  Constitution  bad  never  ffiven  ^o  this 
Qovernment  the  power  to  establbn  a  National 
Bank,  and  ha  believed  the  people  would  feel 


the  effects  of  the  assumption  of  that  power  too 
severely  to  refuse  their  assent  to  the  excellence 
of  the  principles  enforced  by  the  Convention 
who  framed  the  Constitution,  and  with  much 
wisdom  refused  to  grant  the  power  to  establish 
such  corporations.  ' 

With  respect  to  this  particular  bill,  the  ground 
on  which  it  was  supported  was,  that  there  not  be- 
ing a  sufficient  quantitv  of  the  paper  et  the  bank 
in  circulation,  ine  public  revenue  could  not  be 
collected  with  convenience  to  the  neople  who 
owe  money  to  the  Government.  Mr.  C.  app^ 
bended  some  error  on  this  headt  *t>4  that,  9o  far 
as  it  operated  on  the  people  of  the  States  of  Ohio. 
Kentucky,  Indiana,  and,  he  was  sorrr  to  a%j,  the 
State  from  which  he  came,  the  circulatioa  oi  the 
paper  of  the  Bank  of  the  United  States  and  iu 
branches  was  rather  calculatefl  to  oppress  than  to 
benefit  the  peonle.  He  took  a  view  of  the  operfi- 
tion  of  the  bank  in  the  Western  country.  STvecy 
branch  bank  established  had  tbe  autliority  to 
make  drafts  on  the  different  branches  in  other 
States,  and  on  the  mother  bank.  These  drafts 
were  sold  at  a  premium,  end  were  paid  for  in  the 
only  money  in  circulaticn,  tbe  paper  of  the  State 
banks,  with  which  the  branch  bsAk  either  ob- 
tained the.  specie  from  the  State  banks  or  com- 
pelled them  to  pay  interest  on  the  amount*  Who 
lose  in  this  case  1  Not  the  holders  of  bank  stock 
only,  but  the  yeomanry  of  the  country,  beciWf 
the  effect  was  to  depress  the  circulating  me^inm 
ai^d  elevate  the  price  of  money  in  society }  ^nd 
by  this  operation,.those  best  entitled  to  the  favor 
of  the  Qovernment  were  deprived  of  the  oppor- 
tupitv  of  getting  money  to  meet  the  daiftitiUU 
which  the  Government  has  upon  th^ppi. 

Abandoning  the  aiipment  that  to  inccieowse  the 
power  of  this  institution  would  be  ruinous  to  tbe 
independence  of  the  cqaatry,  which,  as  yet,  be 
hoped,  would  survive  tbe  establishment  of  Mie 
hank,  Mr.  C.  said  he  sho]uid  like  any  gentleu^ 
to  show  to  him  any  substantial  advance  to  be 
gained  to  tbe  United  States  by  impnrtiqg  to  the 
bank  this  power,  seeing  how  unreajl  therbeaefits 
had  proved  which  were  prooaisad  from  the  firel 
establishmont  of  the  bank.    On^s  of  the  mainiur- 

Suments  urged  in  £i^vor  of  the  establifbmeiit  fof 
le  bank  was,  that  it  was  to  legulftte  and  equalr 
ize  the  currency  of  the  cpuntry<r-a  wild  theorj, 
Mr.  C.  said,  which  would  never  be  reali^  ip 
any  countrv  covering  such  an  extent  of  tsrritocy 
as  this.  Money,  like  winter,  has  its  gravitating 
qqality.  and  will  settle  down  where  it  is  mos; 
wanted.  The  bank,  it  is  found,  is  totally  incapa^ 
ble  of  producing  these  conaequances.  Nay,  we 
find,  at  tbe  doors  of  the  motner  bank  itseu,  it 
cannot  maintain  tbe  reputation  nor  credit  of  its 
own  branches ;  for  he  was  told  that  tbe  notes  qf 
some  branches  bad  already  been  sold  at  a  discount 
of  three  per  cent,  though}  perhaps,  no  char{[e  of 
misconduct  could,  on  that  account,  be  sustamed 
against  the  president  and  directors  of  tbe  bank. 
It  was  unnecessary  to  go  into  a  train  of  reason- 
ing to  show  that  tbe  branches  cannot  pay  specie 
for  tbe  notes  of  other  branches  or  of  the  mother 
ba#|k.    The  fact,  however,  was  certaiin,  and  it 


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1751 


mSTORT  OF  OONGHBSa 


im 


H.orR. 


Bank  of  the  United  atatee. 


Aprfl,  1918. 


was  in  rain  to  expeet  that  an  institation  of  that 
kind  conld  ever  establish  an  uniform  currency,  in 
the  sense  in  which  the  term  had  been  employed 
by  those  who  advocated  the  establishment  of  the 
bank. 

The  second  great  ad?anta|;e  firoposed  from  the 
bank  was,  that,  besides  putting  into  circulation  a 
mass  of  money  of  equal  yalne  to  the  amount, 
not  only  of  the  whole  capital,  but  of  much  more, 
(which  it  must  do,  or  its  dividends  can  never 
reach  the  expectations  of  the  stockholders,)  it 
would  prevent  ^he  evil  and  the  crime  of  coun- 
terfeiting. Where  the  notes  were  all  of  one  form, 
and  signed  by  one  set  of  officers,  counterfeiting 
would  be  more  difficult  than  it  even  jet  unfor- 
tunately is,  from  the  variety  of  denominations  of 
iiotes  in  circulation,  which  is  enough  to  confound 
the  most  intelligent  and  discriminatinff.  Change 
the  system  by  the  passage  of  this  bill,  multipTy 
and  diversify  the  signatures,  and  the  beneficial 
eflfeet  thus  anticipated  will  at  once  be  lost.  For, 
if  there  be  a  necessity  to  appoint  a  vice  president 
and  vice  cashier  now,  hereafter  it  will  be  more 
necessary,  after  the  extension  of  the  institution, 
to  extend  further  facilities.  It  will  become  ne- 
eessar^r  that  the  field  of  action  should  be  enlar|;ed 
from  time  totime^  as  the  influence  of  the  institu- 
tion extends  itself^  throughout  the  United  States; 
and.  in  time,  we  shall  have  as  various  sij^natures 
to  tne  notes  of  the  Bank  of  the  United  States  as 
we  have  to  those  of  the  old  State  institutions. 

There  were  not  so  many  inconveniences  from 
the  issue  of  large  notes  and  drafts  by  the  bank 
as  gentlemen  imagined.  Most  of  these  passed 
through  the  State  banks  and  gave  them  an  op- 
portunity of  issuing  their  own  notes  for  them. 
Nor,  Mr.  C.  said)  did  he  apprehend  that  the  per- 
sons who  were  debtors  to  the  United  States  could 
feel  the  difficulty  which  had  been  suggested.  Con- 
ceiving, in  short,  that  no  advantage,  but  much  in- 
jury, would  result  from  the  measure  proposed  in 
this  bill,  he  hoped  it  would  not  pass. 

Mr.  Ingham,  of  Pennsylvania,  expressed  his 
astonishment  at  the  vehemence  of  opposition  to 
this  bill  I  for  which,  he  said,  it  was  impossible  to 
account,  without  supposing  some  remains  of  at- 
tachment to  exist  in  the  breasts  of  gentlemen,  to 
the  rag  system,  which  existed  previous  to  the 
establishment  of  the  Bank  of  the  United  States. 
It  was  certainly  not  necessary  now  to  inquire 
whether  the  establishment  of  that  bank  was  or 
was  not  Constitutional,  or  whether  it  had  in  its 
operation  afiforded  all  the  advantages  anticipated 
from  it.  These  considerations,  Mr.  I  said,  had 
nothing  to  do  with  the  question  now  before  the 
House,  which  was  in  itself  so  simple  that  nothing 
but  the  prejudice  to  which  he  had  alluded  could 
have  drawn  gentlemen  into  this  extraneous  dis- 
cussion. The  object  was  merely  to  authorize 
the  bank  to  appoint  a  vice  president  and  assistant 
cashier.  Now,  it  was  plain,  that  no  one  person, 
suppose  he  were  to  sign  two  thousand  notes  per 
day,  which  Mr.  I.  understood  was  the  greatest 
number  one  person  could  properly  sign,  could 
sign  notes  to  the  amount  of  the  capital  of  the 
bank,  in  less  than  two  or  three  years,  and  that 


some  aid  was  necessary  to  divide  the  labor  of 
siffuing  with  the  present  officers,  in  order  to  en- 
able them  to  accommodate  the  public.  Suppose 
the  House  to  refuse  to  pass  this  bill,  did  gentle- 
men expect  to  preserve  tne  character  of  this  mis- 
erable trash  or  paper  which  covers  the  whole 
country,  without  a  dollar  to  support  it,  which  is 
lent  out  to  anybody  who  will  take  it,  without 
credit  or  property  to  justify  it?  Would  gentle* 
men  make  the  situation  of  these  institutions  any 
better  by  refusing  to  pass  this  bill?  The  conse- 
quence of  such  a  refusal  would  be,  that  the  pres- 
ident and  cashier  of  the  bank  must  be  entfployed 
exclusively  in  signing  bills  of  the  bank,  and  on 
some  other  persons  must  be  devolved  the  other 
important  business  which  properly  belonged  to 
those  officers. 

Mr.  Meecbr,  of  Virginia,  then  addressed  the 
Chair,  in  opposition  to  the  bill.  Its  object,  he 
said,  was  to  extend  the  operations  of  the  bank 
and  its  branches  where  alreadv  established,  and 
to  enable  the  bank  to  establish  branches  where 
they  do  not  now  exist ;  and,  could  he  suppose  that 
it  was  likely,  without  the  proposed  indulgence, 
the  stockholders  would  be  clisaj)pointed  in  their 
reasonable  expectations  of  pront  from  the  bank, 
he  should  suppress  all  the  objections  to  it  whtck 
he  found  in  his  breast,  in  order  to  perform  what 
he  should  consider  an  obligation  of  public  faith. 
But,  he  said,  there  was  no  reason  to  apprehend 
such  a  result.  The  bank  had  been  in  operation 
about  fifteen  months,  the  mother  bank  having 

fone  into  operation  in  January,  1817.    At  the 
rst  semi-annual  dividend,  they  had  declared  a 
dividend  of  four  per  cent.,  being  at  the  rate  Of 
eight  per  cent,  per  annum.    This  was  at  the  end 
of  the  first  six  months  of  actual  operation,  when 
all  the  expenses  of  the  orffanization  of  the  bani^ 
and  putting  it  into  operation,  were  incurred,  ana 
must  of  course  have  been  charged.    Mr.  M.  said 
he  had  heard  a  gentleman  deeply  interested  in 
this  institution  say  that  the  bank  would  be  able 
to  divide  at  least  ten  per  centum  per  annual,  m 
profit  exceeding  that  of  any  bank  south  of  the 
Potomac  and  north  of  South  Carolina.  Congrega 
were  therefore  not  bound,  by  any  considerations 
of  equitv  or  good  faith,  to  do  anything  to  enlarge 
the  profits  of  the  bank,  which  would  be  the  effect 
of  the  system  proposed,  and  must  have  been  the 
object  of  the  stockholders  in  asking  for  it.    Mr. 
M.  said  he  should  not,  however,  be  disposed,  were 
it  notj  in  his  opinion,  forbidden  bv  principles  of 
expediency,  to  deny  to  the  bank  tne  opportonity 
of  increasing  its  gain.    Although  the  stock  of 
the  bank  was  now  selling  at  forty-three  per  cent, 
above  par,  he  should  not  refuse  a  measure  which 
would  raise  it  to  an  hundred  per  cent.,  if  he  did 
not  feel  that  the  primary  interests  of  the  conntry 
would  suffer  by  such  a  course. 

It  were  a  sufficient  argument  against  this  bill, 
were  there  no  other,  that  it  would  just  doa1^« 
thedanger  of  counterfeiting,  and  the  inducements 
to  the  commitment  of  thu  crime ;  and  in  so  far 
would  deprive  the  institution  of  one  of  the  lend- 
ing arguments  in  its  favor. 
But,  Mr.  M.  was  opposed  to  the  bill  on  other 


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17IS 


HiaiOKr  OP  OQNOBBBS. 


1754 


Afml,  1818. 


BcmkoftJu  VnUed  SUUm 


H.  OF  R« 


fromidi.  He  bad  bo  picjndioe;  be  said,  againtt 
the  moneyed  intereBt.  He  weiild  proteet  erery 
eee  eooeenied  io  it  hj  any  act  of  loaod  legiala- 
tkm.  He  would  not  embarrass  any  of  tbe  great 
interests  of  tbe  country  by  a  system  of  narrow 
kgislatioa.  He  was  not  personally  a  stockbolder 
in  any  moneyed  institntion ;  he  was  glad  at  pres- 
ent that  he  was  not  in  this  interest,  because  be 
was  sailed  upon  to  exercise  bis  judgment  impar* 
tially  respecting  it.  In  tbe  country  which  be 
represented,  the  profits  of  this  system  of  banking, 
Mr.  II.  said,  bad  been  applied  to  the  most  bene* 
ficial  purpose— education.  He  was  indisposed  to 
narrow  the  profits  of  tbe  State  banks,  by  extend- 
ing tbe  operation  of  this  enormous  institution  in 
such  a  manner  as  to  fetter  their  operations  within 
limits  too  narrow  for  existence.  He  was  not  dis* 
pNOsed  to  lend  tbe  aid  of  this  House  to  carry  the 
fills  of  influence  from  this  institoiien  tbroi^h 
every  valley  and  hamlet  in  the  country.  Let  us 
amppose,  said  be,  a  branch  of  tbe  Bank  of  tbe 
Unued  States  established  along  side  of  every 
Stale  bank,  and  having  everv  one  of  them  in- 
4ebled  to  it:  I  ask,  under  wnat  eircumstances, 
We  shall  legislate  when  called  upon,  on  any  oc- 
ensional  pressure,  real  or  imaginary,  to  suspend 
ffMieie  pay  menu?  tie  looked  forward,  be  said, 
with  appiefaension  to  tbe  extension  of  this  insti- 
iaiton«  He  bad  been  told  that  tbe  bank  only 
wailed  the  passage  of  this  bill  to  establish  branches 
all  through  tbe  State  which  be  represented,  and 
across  its  mountains.  Could  it  be  necessary,  for 
tbe  purpose  of  enabling  tbe  Qovernment  to  cd- 
leet  its  revenue,  tbe  ostensible  object  of  the  es- 
labiiabment  of  this  bank,  to  establish  more  than 
o»e  or  two  branches  in  each  State  of  tbe  Union  ? 
Certainly  not ;  but,  for  tbe  purpose  of  gain  to  the 
bank,  branches  were  to  be  extended  everywhere; 
and  he  asked  if  any  benefit  could  result  to  the 
jGtovernment  from  lacilitating  tbe  means  of  tbe 
bank  to  carr jr  this  object  into  effect  7 

Mr.  M.  said  he  was  not  here  when  this  bank 
was  incorporated ;  but  he  well  remembered  tbe 
aigumenu  by  which  it  was  sustained.  The  House 
aad  the  nation  were  told  that  tbe  bank  would 
eatablisb  an  uniform  currency,  and  break  down 
tbe  sjstem  of  brokerage,  so  justly  obnoxious. 
But,  Mr.  M.  asked,  has  tbe  predicted  effect  re- 
aalted,  even  in  tbe  very  towns  wherein  branches 
are  established?  No;  and  can  it  result?  Is  it 
possible  for  tbe  Bank  of  the  United  States  to 
euuaiiie  exchange  between  tbe  dtfierent  sections 
of  tbe  eowitry  ?  Can  they  equipoise  tbe  balanee 
of  trade  between  tbe  Atlanuc  and  the  Western 
•ountry,  until  tbe  country  manuiaetures  every- 
thing itself?  Tbe  hope  is  Ulusory.  The  bank, 
b«  said,  did  not  even  attempt  to  eqoalixe  tbe  ex* 
eliaoge  between  this  city  and  Phiiadelobia,  al- 
though tbe  mail  passes  from  tbe  one  to  the  other 
at  the  rate  of  an  hundred  miles  per  day.  If  tbe 
attempt  has  ever  been  made,  it  is  not  from  a  con- 
aoltatioo  of  tbe  great  interests  of  the  country,  but 
fr«m  personal  regard  to  the  individuals  who  were 
to  be  accommodated. 

It  was  true,  Mr.  M.  said,  that,  if  tbe  Treasury 
persisted  in  tbe  arrangement  rdative  to  the  paper 


receivable  at  ito  collectors'  and  receivers' 
it  becomes  important  that  tbe  paper  of  the  Banlt 
of  tbe  United  States  should  have  a  general  circu- 
lation. He  was  willing,  for  one,  however,  to 
give  bis  assent  to  a  bill  which  should  restrain 
such  oppression,  and  compel  the  Treasury  to  re- 
ceive the  paper  of  all  banks  which  pay  specie^ 
instead  of  giving  such  a  preference  to  the  Jdank 
of  the  United  States,  beyond  the  requirement  of 
the  law,  as  to  make  necessary  the  proposed  ex* 
tension  of  ito  privileges.  We  have  given,  said 
be,  to  this  moneyed  interest, a  bojiy  to  act.  abend 
to  meditate,  and,  moreover,  a  heart  in  wnich,  as 
in  every  human  heart,  amotion  and  avarice  have 
a  place.  I  am  unwilling  now  to  give  them  a 
power  to  extend  their  operations  to  every  valley 
and  to  every  mountain  top^  in  every  State  in  the 
Union.  Let  them  stop  where,  when  you  gav« 
them  their  charter,  you  meant  that  they  should 
step*— where  your  revenue  is  celleoted.  I  will 
resist  these  encroachmenta  as  long  as  I  can,  and| 
if  I  fail  in  my  obieet,  I  shall,  at  least,  have  the 

Sleasure  of  reeoUecting  that  I  have  taken  the 
rst  opportunity  which  has  ofiered  te  laiea  mf 
Toice  against  them. 

It  bad  been  said  that  it  was  necessary  to  pass 
this  bill,  in  order  to  extend  tbe  operations  of  this 
bank  to  tbe  extent  of  iu  capital.  Akeady,  Mr.M« 
said,  tbe  bank  bad  divided  ito  profito  at  the  rate 
of  eiffht  per  cent,  per  annum ;  and  it  would  be 
reooUected,  that,  during  the  existence  of  the  old 
Bank  of  the  United  States,  tbe  circulation  of  ito 
paper  never  exceeded  seven  millions  and  a  few 
hundred  thousand  dollars.  The  banks  in  tbe 
interior  must  depend  for  profits  on  the  cireuktion 
of  their  paper;  but  tbe  Bank  of  tbe  United 
States,  loisated  in  tbe  great  cities,  vitas  aot  de* 
pendent  on  any  such  contingencies  for  ito  profits. 
But,  what  is  tbe  ability  of  the  bank  to  issue  paper 
with  ito  present  officers?  It  has  been  ia  opera- 
tion fifteen  months,  and  has  issued  seventeen  and 
a  half  millions  of  paper,  of  which  tbe  poet  notes 
do  not  amount  to  seven  millions ;  leaving  eleven 
millions,  in  round  numbers,  in  circulatioo,  and 
these  issued  within  fifteen  months.  Qive  to  tbe 
bank  three  years'  time,  and  at  this  rate  thev  will 
have  issued  thirty-three  millions,  and  in  nve  et 
six  years  sixty  or  seventy  millions  1  And  in  time, 
he  bad  no  doubt,  they  wouUl,  without  the  aid  of 
this  bill,  supplant  all  tbe  State  institutions*  The 
States,  Mr.  M.  said,  had  all  exacted  from  the 
banks  which  they  bad  chartered  heavy  premi* 
urns ;  much  heavier  than  that  paid  by  this  bank 
to  tbe  United  States.  The  premiums  paid  by 
the  banks  of  Virginia  had  built  up  a  credit  for 
Virginia  equal  to  that  of  anv  other  State.  If 
this  were  a  new  question,  for  the  first  time  agita- 
ted ;  if  Congress  were  about  to  create  a  new 
system,  be  would  concur  with  gentlemen ;  he 
would  in  that  case  have  but  one  bank,  and  derive 
all  the  paper  for  circulation  from  one  institutioiii 
which  should  be  regulated,  not  bv  a  corporation, 
because  the  conduct  of  moneyed  corporations  is 
always  ruled  by  avarice;  but  by  some  plan  which 
should  insure  tbe  conformity  of  the  measures  of 
the  bank  to  a  great  national  policy,  dbc.    But  we 


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17^ 


If«o¥  R« 


Btmk  i>fik^  tMmd  mmoi 


Avm«,  M10* 


ii«r«  t^Df  ttgo  p«8Md  tbai  8t«g«;  arid  iion«ro«8 
bMiiDi  bsTe  been  iaeorporeted  oter  the  eouBtry, 
imier  the  stroof  est  pledge  of  the  faith  of  the 
Btatet  to  soppert  them,  d^.,  and,  Mr.  M..  siid,  h« 
^oold  Dot,  IB  bis  oew  charaeter  of  a  representa* 
tive  in  Coiigi^ss,  do  that  which  he  shotrid  be 
aslMHiied  to  do  in  another,  by  lending  his  vote  to 
injure  the  banks  wbieh  had  paid  ppemioms  to 
the  States,  of  an  aiBount  wbieh  eould  not  be 

Kified  by  the  state  of  things  which  must  fol- 
the  further  extension  of  the  Bank  of  the  Uni- 
lei  States. 

As  to  the  sttggestion  which  had  been  thrown 
ont,  that,  if  the  passage  of  this  bill  were  refased, 
^a  bank  conld  aeeomnlish  its  object  by  issninff 
|WMr  in  the  shape  of  bills  of  etchaoffe,  Mr.  M. 
asked,  it  bilb  of  eiehaige  were  payable  to  bear- 
er t  He  bad  nerer  seen  any  sneh ;  they  are  aU 
ways  payable  to  order.  Bat  if  the  bank  did  at- 
tenipi  in  that  Manner  to  sopj^y  a  circoiating 
iMdiam.  wonld  it  not  be  a  rlo^ation  of  their  char^ 
tet'?  Were  geniletti^n  willing  to  pat  such  a 
aeiscmeiioB  ov  the  act  of  inciorporaiion  1  Mr. 
M*  knew  rery  well,  he  said,  that  sack  an  instil 
totion  mav  buy  hair  the  legal  talents  of  the  coan* 
try,  aftd  omiiik  authority  for  very  ingenious  can- 
atraotioas  of  a  plain  provision.  But,  ssid  he,  we 
bftve  the  powar  to  restrain  avarice,  and  defeat 
ingamiit^,  and  I  look  to  that  source  for  some 
consolation. 

He  concluded  by  saying,  he  trusted  the  motion 
far  indefinite  postponement  would  prevail  by  a 
large  majority ;  it  had  his  most  hearty  approba- 
tion. He  regretted  that  it  was  now  too  late  a 
period  of  the  session  to  discuss,  as  it  ought  to  be 
trented,  a  subject  so  interesting,  and  of  which  so 
many  views  might  be  taken,  that  it  was  impose 
sible,  in  this  brief  debate,  to  do  it  anything  like 
jiMtice. 

Mr.  WflrrMin,  of  Massachusetts,  expressed  his 
surprise  at  the  course  of  this  discussion ;  the 
question  being  simply  whether  Congress  would 
mnt  relief  to  the  presideni  and  cashier  of  the 
Bank  of  the  United  States^  from  the  oppressive 
labor  of  signing  bills;  for  it  was  those  officers 
who  were  saiering.  The  bills  of  the  bank  must 
be  signed,  and  these  officers  were  now  compelled 
t*  work  night  and  day,  and  perform  labors  calcu- 
bted  to  destrov  their  consUtutions  and  shorten 
their  lives.  The  interest  of  the  institution  re- 
quired these  labors,  besides  the  other  imnortant 
duties  required  of  them,  and  they  must  be  per- 
ibmed.  If  the  constitutions  of  the  present  offi- 
eers  inil,  they  must  pve  way,  and  others  be  cho- 
sen, not  for  their  abilities,  but  for  their  robust 
constitutions.  This  must  be  dene,  and  will  be 
dona.  The  gentleman  from  Virginia  supposed 
the  bank  could  not  accomplish  their  object  by 
means  of  bills  of  exchange.  But,  Mr.  W.  said, 
he  could  tell  the  gentleman  whsf  they  could  and 
would  do.  In  anv  of  the  brancbe^  when  depos- 
itee were  made,  they  would  authorize  receipts  to 
be  given,  by  small  or  large  sums,  and  pajaole  to 
bearer,  signed  by  the  president  and  cashier,  and 
which  would  everywhere  circulate  as  money. 
Would  not  this  be  a  greater  inconvenience  than 


to  have  bills  signed  bv  two  sets  of  indSviduatt,  na 
proposed  by  the  bill  1  Certainly  the  opposition 
to  the  bill  was  very  uareasonable.  If  gentlenaett 
apprehended  any  danger  from  the  bill,  let  xhmak 
limit  it  to  three  years,  or  even  a  shorter  time* 
Bu^  in  some  shape,  it  was  evident  the  bill  ought 
topask 

Mr.  S.  Smith,  of  Maryland,  said,  he  had  made 
up  his  lAind  to  take  no  piirt  in  the  present  diaena* 
stoU)  nar  should  he  have  risen,  but  for  an  obaer* 
vatioft,  to  wit:  that  the  reporter  of  the  bank 
charter  (Mr.  CAi^aooN)  had  nssuted  the  Mbliej 


that  the  bank  would  regulate  the  exea 
thraughottt  every  phrt  of  the  Union.  I  wi 
(said  he)  in  Congress  when  the  charter  was  re* 
ported  by  that  gentleman,  as  chairman  of  tlM 
committee  on  national  currency,  but  1  took  mv 
seat  befyre  it  was  called  up  for  diseussieh,  and| 
havinar  taken  a  part  in  the  debate,  I  gave  it  my 
attention,  «ttd  I  think  I  may  say,  that  the  am* 
rattces  were  to  this  eflfectf  **  that  tie  bank  wnuM 
teud  greatly  to  equilizt  the  etchai^es  between 
the  several  States  and  with  foreij^  nntiene.'* 
Has  it  had  that  efkct^  I  think  it  has,  and  mom 
rftpidly  than  was  expected  by  iu  most  sanguton 
friends;  What  wna  our  si^mtion  when  the  hank 
charter  paused  7  An  almost  general  depreciMkni 
of  bank  notes.  The  money  of  Baltimore,  att4 
this  District.  wa^20  per  cent,  less  value  than  thnt 
of  Boston,  16  per  cent,  less  than  that  of  New 
York,  and  10  i>er  cent,  less  than  either  PhUadeK 
jfriiia,  or  Virginia ;  yet  the  (act  was  well  ascer- 
tained to  Congress,  that  the  banks  of  Baltimore 
had  more  specie  in  their  vaults,  in  proportion  to 
their  capiul,  and  notes  in  circtilation.  than  either 
the  banks  of  Philadelphia  or  New  York,  and  equal 
to  those  of  Virginia:  (he  difference*  between  the 
notes  of  Virginia  and  Philadelphis,  and  those  of 
Boston,  was  ten  per  cenu  The  Boston  banks  paid 
their  notes  in  specie;  no  other  State  banlts  did. 
The  result  was  tliat  the  merchants  aad  people  of 
the  States,  whose  banks  paid  in  paper,  paid  less 
resrl  value  to  the  Treasury,  for  the  duties  and 
taxes,  than  the  Eastern  people.  Baltimore,  for  in^ 
stance,  paid  only  80  dollars  when  Boston  pnid^ 
100  to  the  Treasury.  This  was  a  just  subject  of 
complaint.  How  was  this  to  be  obviated  ?  Souie 
gentlenien  thought  the  State  banks  could  be  eo« 
creed  to  resume  specie  payments,  but  Congress 
hud  no  power  over  them.  That  subject  was  very 
fnllv  discussed.  The  State  banks  believed  they 
could  not,  with  safety  to  themselves,  undertake  to 
resume  specie  payments.  Add,  although  I  d^* 
fared  with  them  in  opinion  at  the  time,  yet  I  am 
now  free  to  confess,  thnt  they  could  not  have  re* 
sumed  without  the  aid  of  the  Bank  oi  the  Uni* 
ted  Suites.  Baltimore  owed,  at  that  time,  to 
New  York,  one  million  five  hundred  thouaand 
dollars,  which  debt  was  thrown  prinoipallv  on  th€ 
United  States  Branch  for  payment.  Had  the 
banks  of  Biltimore  undertaken  to  nay  their  debtn 
in  specie,  aU  they  had  in  their  vaults  would  have 
been  drawn  out  to  pav  that  debt,  and  the  debts 
due  to  Virginia.  Philadelphia,  aad  Boston.  The 
bmneh  bank  dtKhnrj^ed  those  debu  in  effective 
money.    I  have  sni^  ^  that  the  bank  equnUaed 


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AMnL,ltt64 


Beink  of^  United  8ikU$. 


ILoirE« 


tlie  ekelisiige  mon  rapidly  than  oovid  have  been 
expeeted."  Tes,  sir,  in  a  rery  few  montfis  afier 
its  orfaiiizatioB,  tlie  exebangfes  from  Boston  to 
HickmoBd  were  at  par,  and  have  so  eon  tinned. 
Seme  difference  of  exchange  eittsts  in  Charleston, 
8aip«iinab.  and  New  Orleans,  bat  not  more  than 
the  cost  or  transporting  specie  from  Philadelphia, 
pethaps  two  to  three  per  cent.  The  facilities 
given  to  the  Eastern  merchant*  by  the  bank 
paper,  folly  compensates  him  in  his  purchases  of 
ooltoD  for  thai  small  loss.  Bank  paper  of  the 
United  States  passes  in  evety  part  of  the  United 
Stales,  in  all  pvirehasee,  eqnal  to  gold  or  silrer ; 
and  wny  shonld  it  nott  All  deMs  due  by  the 
bvttk,  either  for  its  notes  or  accounts,  are  paid  in 
specie  when  demanded.  I  know  of  no  instance 
where  specie  has  been  refused  br  the  bank,  ot  any 
of  its  branches  to  any  person  naving  a  rf^^ht  to 
demand  it.  I  apeak  with  conKdence  when  I  say) 
noaesoeh  has  occurred  in  Baltimore.  The  de- 
UMwd  for  specie^  for  the  trade  beyond  the  Capa  of 
Qomd-  Hope,  has  been  immenffc^miieh  greater.  I 
Midetatand)  than  formerly.  To  meet  that  ue- 
diaiid,  and  to  reinstate  public  confidence  in  bank 
notes,  the  bank  has  been  under  the  necessity  of 
importing  specie  to  a  large  amount  To  what 
aMteat,  I  know  net ;  but,  I  ma v  venture  to  say, 
Kttle  short  of  four  millions.  And  I  understand, 
dMy  have  agents,  puTchasiar  specie,  in  Europe 
mm4  the  W^est  Indies,  which  they  pay  for  by  bills 
of  eaehange  purchased  from  the  merchants.  Bills 
of  exchange  en  London,  when  the  bank  began, 
wwre  about  par  in  Boston,  ten  per  cent,  above 
pftv  in  Phihidelpbia,  twenty  per  cent,  in  Balti- 
aaoie  and  this  District.  They  are  at  present  one 
to  one  and  a  half  per  cent,  above  par  at  all  those 
oitles,  and  will  soon  be  at  par.  Prom  this  view, 
k  w  evident,  that  the  bank  has  effected  the  object 
ralottve  to  the  exchanges  which  had  been  con- 
tevnplated  by  its  friends,  and  this  good  has  been 
eibele^l  without  any  material  injury  to  any  of  the 
Stale  banks.  It  is  true,  the  bank  opemtes  as  a 
e^eek  to  those  institutions.  They  are  now  under 
the  neeessitv  of  curtailing  their  operations,  and 
of  doing  only  as  much  tntsiness  as  their  capital 
a»d  depositee  will  justify.  Those  banks  which 
are  aeund,  and  discreetly  managed,  will  probably 
divide,  in  future,  eight  per  cent.  They  can  no  lon- 
ger iBoadate  the  country  with  paper.  The  Bank 
of  the  United  States,  as  for  as  I  have  been  in- 
fbnoed,  has  acted  towards  them  the  most  friendly 
p»rt«  I  may  say  that  they  are  on  friendly  terms 
ID  Baliiaiore.  Every  kind  of  accommodation 
tiwt  either  can,  with  propriety,  give,  has  been  of* 
IbiTded*  Harmony,  and  a  good  understanding,  is 
BMKoally  ttsefnl ;  and,  I  have  no  doubt  that  the 
re«ft  iotertat  of  both  will  induce  a  continuance  of 
fbrbeeranee  and  friendship  towards  each  other. 
Tliie  fodltty  of  merchants  and  others  transfer- 
ring their  fends  from  oae  part  of  the  Union  to 
the  oliier,  without  risk,  by  n^%os  of  bank  drafts, 
is  very  IT^nnt.  For  instance,  does  any  member 
want  to  send  money  iVom  hence  to  Boston,  New 
Orleaoa,  Kentucky,  or  any  part  ^f  the  Union, 
where  iheea  is  a  branch  ?    He  has  oaly  to  apply 


CO  the  bvattoh  bank  in  this  city,  and  he  will  re- 


R 


oeive  a  cheek,  payable  to  whom  he  pleases,  on 
the  branch  nearest  to  the  place  of  his  residence. 
If  a  merchant  in  Baltimore  wants  to  pay  bis 
debt  in  New  York,  he  has  only  u>  appl^y  to  the 
branch  bank,  and  he  will  receive  a  cneck,  paya- 
ble to  his  creditor  in  New  York,  on  the  branch 
bank  here.  This,  Mr.  Speaker,  is  the  common 
course;  but  there  are  times  when  the  balance  of 
trade  may  be  so  much  against  one  city,  and  in 
fovor  of  another,  that  drafts  of  the  httWL  canset 
be  ^iven,  and  such  cases  have  happened,  and  wiit 
againhappen.  Whenevertbey  do,  the  mother  bank 
uses  its  best  endeavors,  by  a  sij^ly  of  specie^  to 
correct  the  inconvenience.  The  ^tlemaa  from 
Virginia,  f  Mr.  Mskceb,)  com^atns,  that  be  ap- 
plied at  the  bmnch  bank  for  a  cheek  on  New 
York,  and  was  refused.  But  how  did  he  apply  1 
Did  he  offer  the  United  States  bank  note#Y  No, 
sir-^e  ofi^ed  the  notes  of  one  of  like  Distriet- 
banks;  and,  certainly,  oeg4it  not  to  have  etepeccadi 
that  the  branch  bank  would  have  given  him « 
check  on  NewYork  for  paper  not  itso#n.  Bvery 
bank,  or  branch,  is  bound  to  take  care  of  itsanV 
The  United  States  own  one-fifth  of  all  the  steek 
of  the  National  Bank,  and  ought,  and  wfilexMet 
care  and  caution  on  the  part  of  the  bank  and  ita 
branches.  The  gentleman  might  as  well  bavw 
brought  distriet  notes  to  the  branch,  and  de- 
manded specie  for  them;  for,  with  the  cheek  ef 
the  branch,  his  friend  at  New*  York  could  have 
demanded  specie  for  its  amount.  The  samegea- 
tleman  believes,  that  Government  did  not  receive 
an  equivalent  for  the  charter.  I  differ  with  him 
entirely.  The  United  States  own  one-fifth  of 
the  stock,  which  is  paid  for,  say  seven  mittiona 
in  five  per  cent,  stock. 

If  the  bank  divides  eight  per  cent*  then  the  Gov^ 
ernment  gain  three  per  cent,  on  its  seven  mil- 
lions, say  two  hundred  and  ten  thousand  dollars 
per  annum:  or,  for  twenty  years,  the  charter 
Term,  -  -  -  -  .  '  -  $i,WOfm 
Bonus  $1,500,000,  with  interest  th^re^ 

on,  in  twenty  years,  above  -  -  3,000^000 
Twenty  loan  offices  saved,  the  bank 
being  bound  to  do  the  duty  of  loan 
offices,  and  to  pay  all  the  pensions 
to  its  own  cost,  9100,000  per  annam, 
or,  for  twenty  years      .       -       -     2,000^009 

Gain  in  twenty  years  to  the  U.  States  99,90^,000 
Thits  the  actual  positive  ffain  to  the  United 
Stales  by  the  bank,  during  its  term  of  twenty 
years,  will  exceed  (9,200,000.  The  bank  is,  be- 
sides, compelled,  at  its  own  cost,  to  place  money 
wherever  the  same  may  be  required  withia  the 
United  Suites,  for  the  wants  of  the  Government; 
for  this  and  the  collection  and  safe-keeping  of 
the  public  money,  it  has  an  equivalent  in  the 
public  deposites.  There  is  one  good  which  has 
resulted  to  the  Treasury  from  the  establishment 
of  the  bank,  and  to  which  I  beg  leave  to  call  the 
attention  of  the  House.  It  is  that,  when  the 
bank  began  to  act,  the  Secretary  of  the  Treasury 
placed  with  it  bank  notes  of  the  interior  banks 
to  an  amoi^  exceeding  |K,dOO^OOO,  which  had 
been  received  for  taxes  and  public  land.    Those 


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Bank  oftk€  UmUd  Statei. 


▲pail,  1818. 


notes  were  of  no  more  use  to  the  Tretsury  than 
so  mach  btank  paper.  They  would  pay  no  debt. 
The  book,  by  its  agents,  and  its  own  cost,  have 
realized  above  $3,000,000  thereof,  without  injury 
to  saeh  banks.  The  tMilance  of  perhaps  $1,500,- 
000,  cannot  be  collected.  The  banks  have  no( 
the  means  of  payment,  and,  it  is  feared,  that  much 
of  thit  large  sum  is  in  jeopardy.  Some  hafe 
agreed  to  pay  interest,  whilst  others  can  do  no- 
thittg  towards  payment.  The  establishment  of 
the  bank  has  e£&ctbally  cured  such  evil  in  future, 
and  will  check  the  interior  banks  from  an  intol- 
erable emission  of  paper,  injurious  to  the  credit 
of  bank  notes*  They  are  now  confined,  as  they 
ou^ht  to  be,  to  issue  notes  only  in  proportion  to 

Sieir  capital  and  deposites.  If  the  United  States 
ank  had  not  been  established,  the  depreciation 
of  bank  notes,  which  had  already  commenced  to 
an  alarming  aegree,  would^have  continued  until 
they  had  become  little  better  than  continental 
money,  and  been  ruinous  to  the  country. 

What  does  the  bill  propose  ?  Simply  to  au- 
thorise the  bank  to  appoint  a  vice  president  and 
rke  cashier,  whose  sole  business  shall  be  to 
sign  bank  notes,  and  why  ?  Because  it  has  been 
found  physically  impossible  for  the  president  and 
^ashler  to  sign  notes  sufficient  for  the  medium 
required  for  the  use  of  the  country.  The  gen- 
tleman from  Pennsylvania,  (Mr.  Moore,)  op- 
poses the  bill,  and,  at  the  same  time,  tells  you, 
that  a  bill  has  passed  giving  further  time  for.  the 
payment  of  land  in  Ohio,  because  there  is  not 
specie  in  the  country,  or  United  States  Bank 
notes  in  that  State,  wherewith  to  pay — and  why, 
Mr.  Speaker  7  The  reason  is  obvious,  to  wit : 
that  the  president  and  cashier  cannot  sign  notes 
sufficient  to  supply  the  branches  in  Ohio,  and 
other  States.  The  bill,  if  passed,  would  save  that 
difficulty,  and^  surely,  the  gentleman  ought,  from 
his  own  showing,  to  vote  for  the  bill.  But  he  tells 
us  that  the  branch  at  Pittsburg  has  acted  very 
improperly  towards  its  customers.  I  am  sorry  for 
it;  I  know  not  the  cause,  but  suppose  that  the 
directors  have  been  checked  by  the  mother  bank 
for  having,  in  the  commencement  of  their  oper- 
ations, discounted  too  liberally ;  and  I  have  no 
doubt  that  in  a  few  weeks  the  business  will  be 
accommodated  satisfactorily. 
.  Mr.  Speaker  one  great  object  of  the  bank  was 
to  afibrd  an  adequate  circulating  medium,  that 
would  be  uniform  throughout  the  Union,  To 
effect  this  it  .is  necessary  to  have  a  sufficient 
number  of  notes  signed,  to  enable  the  bank  to 
Mt  twenty  millions  of  dollars  in  circulation. 
The  president  and  cashier  cannot  (having  their 
other  business  to  attend  to)  sign  more  than  fifteen 
hundred  notes  each  day.  At  that  rate  it  would 
require  more  than  four  years  for  them  to  sign 
the  number  and  kind  necessary  for  circulation. 
And  what'  harm  can  result  from  granting  this 
facility  ?  I  can  conceive  of  none.  It  has  been 
alleged  that  the  bank  will  put  too  many  notes 
in  circulation.  This  cannot  be ;  the  charter  con- 
fines them;  and  if  it  did  not,  I  am  certain  they 
could  not  put  out  more  notes  than  two  thirds  the 
amoant  of  their  capital.    No  bank  can,  (when 


it  is  compelled  to  pay  specie)  unless  where  there 
is  but  one  bank  in  a  city,  into  which  all  the  de- 
posites of  the  merchants  are  received.  If  the  de- 
posites are  on  an  average  equal  to  the  amount  at 
the  capital,  then  the  bank  can  safely  issue  more 
notes.  This  cannot  happen  with  the  Bank  of 
the  United  States  or  any  of  its  branches. 

The  gentleman  from  Tennessee,  (Mr.  Cljj- 
bobme)  has  said  that  the  notes  of  the  State  banks 
pass  equal  to  gold  and  silver  in  their  vicinitiesi 
and  therefore  the  United  States  Bank  notes  are 
not  required  in  any  great  number.  The  gentle- 
man may  be,  and  perhaps  is,  generally  correct; 
but  he  knows  well  that  the  State  bank  notes  have 
little  or  no  currency  out  of  their  immediate  neigh- 
borhood. The  notes  of  the  interior  banks  will 
not  pass  in  the  cities^of  their  own  State.  The 
gentlemaa  knows  that  the  district  notes  wiU 
not  pass  in  Baltimore,  nor  Baltimore  notes  in 
Philadelphia  ;  which  city  he  has  lately  visited. 

Banks,  Mr.  Speaker,  are  frequently  complained 
of,  and  often  without  cause.  The  directors  are 
delicately  situated;  they  are  acting  for  otherSf 
and  are  bound  to  act  with  caution.  If  they,  by 
a  desire  to  obligCi  extend  their  discounts  too  UIh 
erally,  if  they  issue  too  many  notes,  if  they  credit 
indiscriminately,  they  endanger  the  instimtioii 
to  save  themselves;  they  will  be  compelled  to 
check  suddenly  their  discounts,  as  has  been  tha 
case  probably  at  Pittsburg,  and  thereby  caise 
injury  to  individuab.  If  the  banks  renise  dis- 
counts to  some,  although  there  may  be  good 
cause,  those  persons  are  offended ;  consider  tneoa^ 
selves  aggrieved,  and  are  loud  in  their  complaints* 
Banks  are  desirous  of  making  good  dividends, 
and  will  always  discount  good  paper  when  their 
own  situation  will  permit.  Banks  may  be  run 
upon  for  specie  to  their  great  disadvantage,  and 
to  that  of  commerce  in  general ;  for  in  such  casea 
they  must  lessen  their  discounts,  to  save  their 
specie.  This  of  course  injures  all  the  mercluuits 
not  engaged  in  the  export  of  the  precious  melnJc.  ' 
In  case  of  a  great  demand  for  specie,  s«ch  as  has 
lately  been  felt,  the  banks  become  cautious,  and 
perhaps  refuse  discounts  to  persons  who  ihey 
know  want  to  export,  or  to  draw  the  doUara  warn 
sell  them  to  exporters.  This  causes  an  eaiocy 
against  the  banks.  To  such  complaints  we 
should  pay  little  attention.  The  prineipei  de- 
mand for  specie  has  been  upon  the  Bank  of  the 
United  States  and  iu  branches,  not  only  for  ex* 

f)ort,  but  to  supply  the  vaults  of  State  banka 
ately  created.  Virginia  ha^  established  a  nttnk- 
ber,  I  believe,  called  the  Valley  banks,  eaah  of 
which  were  compelled  to  have  a  certain  amoant 
of  specie  in  their  vaults  before  they  could  ooaa- 
mence  business.  Those  banks  have  had  reooittee 
to  the  Bank  of  the  United  States  for  part  of  tbek 
speciif,  and  have  been  supplied.  That  specie 
will  probably  soon  find  its  way  back  into  the 
bank  or  its  branch^  ^Y  ^^  course  of  trade,  (for 
the  notes  of  those  oanas  will  pay  no  dd>t  in  suiy 
of  the  cities)  and  that  circumstance  will  be  a  neur 
source  of  complaint. 

Mr.  Speaker,  the  bill,  if  it  shoold  pass,  will  be 
of  utility  to  the  banks  of  the  interior ;  tke  aoies 


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iW 


wm^mj  OF  coNa&se6. 


176^ 


Apbil,  1818. 


Bank  of  the  United  States, 


H.OFlJ. 


will  be  made  more  nameroos;  they  will  supply 
amediam;  will  be  received  by  the  farmers  for 
their  produce,  carried  ioto  the  country,  depos- 
ited in  the  banks  of  their  Ticinity,  and  there  be 
kept,  until  required  by  the  country  merchant  to 
pay  his  debts  to  the  merchants  of  the  city  3  and 

*  thereby  save  the  interior  banks  from  beings  drawn 
upon  for  all  their  specie.  The  National  Bank 
notes  are  to  all  intents  and  purposes  equal  to  gold, 
and  siWer,  for  all  the  uses  of  the  interior  banks. 
And  when  they  come  to  understand  its  utility  as 
well  as  the  gentleman  from  Tennessee  (Mr.  Clai- 
bobne)  they  will  take  every  fair  means  to  pro- 
cure those  notes.  That  gentleman  has  told  you 
that  already  the  interior  banks  have  begun  to  un- 
derstand their  utility,  and  secure  them  whenever 
they  can,  considering  them  as  a  full  security  to 
meet  demands  upon  tnem,  which  otherwise  would 
draw  away  their  specie. 

Uk  fine,  Mr.  Speaker.  I  think  I  can  see  that 
f  ome  good  will  result  rrooi  the  bill  now  before 
the  Houae,  and  do  possible  evil,  and,  therefore,  it 
shall  have  my  vote. 

Mr.  JoBiMoa,  «f  Kesiveky,  ooasidered  it  en- 
lirefty  improper  to  go  into  the  merita  of  the  estab- 
Ushment  of  the  Bank  of  the  United  Staut ;  nor 
would  he  aay  anythiag  of  the  iaflocnce  of  that 
te&lh^hoiiitd  Toied  agaiast  that  iafloenee,  and 
hai  Dothkur  noro  to  say  on  that  <(ueatioii.  He. 
should  confine  himself  to  one  point ;  and,  ia  vot- 
ing in  ikvor  of  the  bill,  he  should  not  do  it  under 
the  iufluenoe  of  the  Bank  of  the  United  States. 
He  should  vote  &r  it,  to  give  to  the  Sute  banks 
AA  equal  ehance,  believiagthat  it  will  operate  in 
their  favor.  At  preseot,  in^entuckjr,  for  instance, 
a  aerchant  will  aeeumulate,  in  his  possession, 
paper  of  the  local  banks ;  will  so  to  Lexington 
with  his  five  or  ten  thousand  dollars,  deposite  his 
DOCes  in  the  branch  bank,  and  take  a  check  on 
Philadeljiihia.  The  State  institutions  have  no 
OMMMTtunity  to  ffet  the  paper  of  the  Bank  of  the 
United  States,  because  there  is  none  ia  ciroula- 
tkn.  The  consequence  is.  that  the  local  institu- 
tions become  tributary  to  the  Bank  of  the  United 
States.  As  long  as  the  State  banks  pay  their 
sous  in  specie,  and  the  Bank  of  the  United  States 
aione  imports  specie,  it  is  advantageous,  for  the 
fMiyiin  of  preterviug  the  soiveacy  of  the  local 
lostitutioiis,  that  the  notes  of  the  Bank  of  the 
United  Stttes  shall  have  a  ffeneral  circulation. 
In  this  Tiew  of  the  snU^ect,  aume,  BAr.  J.  said,  he 
sImuU  vote  for  the  bill. 

Mr.  CLaiBORRB  again  spoke,  pretty  much  in 
detail,  aaaiast  the  bilLasunnecessarv  on  any  pre- 
text. He  entered  into  sundry  calculations  to 
show,  that,  by  signing  bills  for  five  hours  a  day, 
of  as  low  denominations  as  ten  dollars,  one  person 
might  sicn,  in  one  year,  to  the  amount  of  twenty* 
eight  miUion  five  hundred  thousand  dollars,  on  a 
mioderate  computation ;  but,  if  part  of  the  bills 
were  of  a  larger  denomination,  to  a  double  amount^ 
4bc.    As  to  the  parental  care  over  the  State  banks, 

•  which  the  gentleman  from  Maryland  aseribed  to 
the  Bank  of  the  United  Sutes,  it  was  a  care  much 
the  same  as  that  of  a  jealous  step^mother,  and  its 

15th  Con.  1st  Ssss.— 56 


power  over  them  as  great  as  that  of  a  parent  ovej* 
an  enfeebled  child. 

Mr.  Taylor,  of  New  York,  said,  he  had  one 
or  two  objections  to  the  bill.  In  the  first  place, 
the  bank  had  not  asked  for  the  passage  of  such  a 
bill.  They  had  asked,  that  the  presidents  and 
ca^^iers  of  the  branches  might  be  au^orized  to 
sisn  bills ;  but  this,  even  the  gentleman  from 
NUryland  was  not  willing  to  concede  to  the  bank. 
The  passage  of  this  bill,  he  also  said,  would  not 
serve  the  purpose  avowed  by  its  supporters,  of 
relieving  the  pressure  felt  from  the  want  of  a  suf- 
ficient quantity  of  circulating  medium.  The 
reason  the  notes  of  the  Bank  of  the  United  States 
were  not  in  general  circulation  was,  that  those 
who  were  interested  in  the  State  banks  laid  hands 
on  them  for  the  purpose  of  depositinjr  them  in 
those  banks,  and  thus  put  them  out  of  circulation. 
The  president  of  the  bank  could  very  easily  iuax 
as  many  notes  as  it  would  be  prudent  for  tro 
bank  to  issue,  and  ten  other  men  to  sign  notes 
would  not  remove  the  difficulty.  If 'the  bank 
had  asked  the  passage  of  such  a  law,  he  would 
go  more  seriously  into  the  consideration  of  the 
proposition ;  but  their  not  having  done  so  he  re- 
garded as  an  objection,  at  the  threshold,  fatal  to 
the  bill. 

Mr.  Forsyth  replied  to  Mr.  Taylor,  that  the 
stockholders  of  the  bank  had  asked  relief  in  one 
shape ;  and  if  Congress,  disapproving  that,  chose 
substantively  to  grant  relief  in  another  way,  it 
surely  could  not  be  improper.  With  regard  to 
the  scarcity  of  the  paper  of  the  Bank  of  the  Uni- 
ted States  in  circulation,  it  was  owing,  not  so 
much  to  the  cause  suggested  by  the  gentleman 
from  New  York,  as  to  the  difficulty  of  preparing 
paper  of  a  shape  fitted  for  common  use,  that  is, 
of  small  denominations.  The  passage  of  this 
bill  was  essential  to  the  public  mterest,  and  to 
the  convenience  of  the  people  generally,  inasmuch 
as  it  was  impracticable  for  the  present  officers  to 
prepare  such  paper  in  proper  quantities.  Mr.  P. 
then  went  into  a  train  of  reasoning  to  show  the 
difficulties  under  which  the  community  labored 
from  the  scarcity  of  this  paper. 

Mr.  T.  M.  Nelson,  of  Virginia,  spoke  briefly 
against  the  bill — 

When  the  question  was  taken  on  the  indefinite 
postponement  of  the  bill ;  and  decided  by  yeas 
and  nays^;  for  the  postponement,  85  against  it  50, 
as  follows : 

YaAa  Utmn.  Anatin,  Baldwin,  Barbour  of  Yjv 
ginia.  Barber  of  Ohio,  Batsman,  Beechsr*  SeniMtt, 
Blount,  Boden,  Barweil,  Caoipb^,  Claibomsy  Gook, 
Crawfoidy  Cruger,  Darlington,  Desha,  Drake,  Edwards, 
Ellicott,  Erring  of  South  Caiolina,  Flovd,  Forney, 
Gage,  Gamett,  Hsndiicks,  Herbert,  Herkimer,  Her- 
rick,  Hitchcock,  Hoffg,  Holmes  of  Connecticnt,  Hab- 
bard.  Hunter,  Huntmgton,  Irving  of  New  York,  John- 
son of  Virginia,  Jones,  Kinsey,  Linn,  Little,  Livermore, 
Marchand,  Mason  of  Rhode  Island  Mercer,  Merrill, 
Miller,  Moore,  Morton,  Murray,  T.  M.  Nelson,  Ogle, 
Ot^en,  Pahner,  PatterK)n,  Peter,  Plettants,  PofaideX. 
ter,  Porter,  Reed,  Rhea,  Ringgold,  Sampfon,  Savage, 
Scndder,  Settle,  Sherwood,  Sloenmh,  Ballard  Smith, 
Speed,  Spencer,  Stewart  of  North  Carolina,  Stuart  of 


Digitized  by 


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1768 


HISTORY  OF  CON0IIBSS. 


1764 


H.  OP  R. 


Invalid  Pensiofu. 


ApaiL,  1818. 


Maryland,  Tarr,  Taylor,  Tompkina,  Tucker  of  Yir- 
nnia.  Tucker  of  South  Carolina,  Walker  of  North 
Carolina,  Walker  of  Kentucky,  Wallace,  Wendorer, 
Whiteside,  Williama  of  Connecticut,  and  Wilkin. 

Nats — Mesan.  Adami,  Allen  of  Vermont,  Basaett, 
dloomfield,  Boaa,  Butler,  Clagett,  Cobb,  Coltton, 
Crafts,  Forsyth,  Hall  of  Delaware,  Harrison,  Heister, 
Hopkinson,  Ingham,  Johnson  of  Kentucky,  Kirtland, 
Lowndes,  W.  P.  Maclay,  McCoy,  Mason  of  Massachu- 
setts, Middleton,  Moseley,  Mumford,  H.  Nelson,  Paw- 
ling, Pindall,  Pitkin,  Rich,  Richards,  Robertson  of 
Blentuoky,  Robertson;  of  Louisiana,  Rogers,  Rnggles, 
Sawyer,  Sergeant,  Silsbee,  Simkins,  S.  Smith,  J.  S. 
Smiu,  Southard,  Strong,  Strother,  Townsend,  Trim- 
ble, Upham»  Whitman,  Williams  of  North  Carolina, 
and  Wilson  of  Pennsylvania. 

INVALID  PENSIONS. 

The  House  then  resolved  itself  into  a  Commit- 
tee of  the  Whole,  on  the  general  invalid  pensioo- 
era'  bill. 

This  bill,  as  usual,  occupied  the  Committee 
some  hours,  and  produced  considerable  discussion, 
arising  on  motions  by  different  gentlemen,  to  in- 
sert in  the  bill  the  names  of  various  invalid  sol- 
diers, either  not  previously  sent  to  the  Committee 
on  Pensions,  or  reported  on  unfavorably  by  that 
committee.  These  cases  rarel^r  involve  any  new 
prmciple,  and  are  too  confined  in  their  interest  to 
require  particular  notice. 

The  only  motion  which  varied  materially  from 
the  general  character,  on  this  subject,  was  one 
made  by  Mr.  Clat,  to  insert  the  name  of  Cbarles 
Earnest,  an  orphan  boy,  in  the  bill,  as  a  pensioner. 
The  facts  in  this  case, as  stated  by/Mr.  Clat,  were, 
that  the  father  of  this  boy,  Charles  Earnest,  re- 
ceived a  wound  at  Bladensburg  which  caused  his 
death,  leaving  his  infant  son  destitute  and  unpro- 
teotea,  and  the  more  forlorn,  as  he  is  both  deaf 
and  duqib.  To  defray  the  expenses  of  educating 
this  unfortunate  child  at  the  asylum  of  the  deaf 
and  dumb,  in  Connecticut,  Mr.  C.  moved  to  au- 
thorize the  sum  of  two  hundred  and  fifty  dollars 
a  year,  to  be  expended  under  the  direction  of  the 
Secretary  of  War ;  and  followed  his  motion  by 
a  short,  but  touching  appeal  to  the  generous  and 
patriotic  feelings  of  the  House.  ^ 

The  motion  was  carried  without  opposition, 
and  almost  without  a  dissenting  voice. 

The  Committee  then  proceeded  with  the  bill, 
on  which  it  was  busily  engaged  till  between  six 
and  seven  o'clock,  when,  having  gone  throU||;h 
with  it,  the  Committee  rose  and  reported  it  with 
some  amendments  to  the  House. 

The  House  then  adjourned. 

Friday,  April  17. 

Mr.  S.  Smith  presented  the  petition  of  the  own- 
ers of  the  private  armed  schooner  MicUu^  on  be- 
half of  themselves,  the  officers  and  crew  of  said 
schooner,  praying  to  be  allowed  the  bounty  grant- 
ed by  the  act  of  March  19, 1814,  on  a  crew  of  black 
prisoners  of  war,  which  Was  brought  into  port  by 
the  said  private  armed  vessel.— >Laid  on  the  table. 

The  Committee  on  Commerce  and  Manufac- 
tures were  discharged  from  the  consideration  of 


the  resolution  submitted  yesterday,  by  Mr.  Foin- 
DEXTER,  upon  the  subject  of  an  act  of  the  Qen- 
eral  Assembly  of  the  State  of  Mississippi. 

Mr.  Seybbrt,  from  the  Committee-  on  Com- 
merce and  Manufactures,  to  which  was  referred 
the  bill  from  the  Senate,  entitled  ^An  act  eon*, 
cerning  tonnage  and  discriminating  duties  in  cer-* 
tain  cases,"  reported  the  same  without  amend- 
ment, and  the  bill  was  ordered  to  lie  upon  the 
table. 

Mr.  Williams,  of  North  Carolina,  from  the 
Committee  of  Claims,  lo  which  was  referred  the 
bill  from  the  Senate,  entitled  "An  act  for  the  re- 
lief of  Samuel  F.  Hooker,"  reported  the  same 
without  amendment ;  and  the  bill  was  commit- 
ted to  the  Committee  of  the  Whole,  to  which  is 
committed  the  bill  for  the  relief  of  B.  and  P. 
Jourdan  and  Brothers. 

Mr.  Southard,  from  the  Committee  on  that 
part  of  the  President's  Message  which  relates  to 
Indian  Affairs,  to  which  was  referred  the  bili 
from  the  Senate,  entitled  "An  act  fixing  the 
compensation  of  Indian  agents  and  factors ''  re- 
ported the  same  without  amendmeot.  and  the 
bill  was  ordered  to  be  read  the  third  time  to- 
morrow. 

The  Committee  on  Military  Affaira  wcye  die- 
charged  from  the  further  cooaideratloa  of  the 
petitions  of  John  H*  Piatt  and  Camilhis  Grifith, 
and  they  were  laid  on  the  table. 

The  Committee  on  Naval  Affitirs  were  dis- 
charged from  the  further  consideration  of  the 
petition  of  the  surgeons  in  the  Navy  of  the  Uni- 
ted States,  as  also  from  the  resolution  adopted 
on  the  11th  of  December  last,  respecting  the  raDk 
and  emoluments  of  navy  surgeons,  and  they  were 
laid  on  the  table. 

Mr.  BuRWELL,  from  the  committee  to  whom 
was  referred  the  petition  of  Jonathan  Elliot,  aod 
the  report  of  the  Secretary  of  State  thereon,  re- 
ported a  bili  authorizing  a  aubscription  to  an  edi- 
tion of  Domeatic  State  Papers;  which  was  read 
twice,  and  committed  to  a  Committee  of  the 
Whole. 

Mr.  Scott,  from  the  committee  appointed  for 
the  purpose,  reported  a  bill  to  suspend  the  sales 
of  certain  lands  in  the  State  of  Louisiana  and 
Territory  of  Missouri ;  which  was  read  twioe» 
and  ordered  to  be  engrossed,  and  read  a  third 
time  to-morrow. 

On  motion  of  Mr.  Plbasamts,  the  Secretary  i 
of  the  Navy  was  instructed  to  lay  before  this 
House,  at  an  early  period  of  the  next  session  of 
Congress,  a  statement  of  the  different  places  in 
the  United  States  in  which  provision  is  made  for 
the  accommodation  of  aeamen  under  the  several 
laws  relating  to  the  navy  and  marine  bospitalS| 
the  number  of  persons,  as  nearly  as  it  can  be  as- 
certained, annually  accommodated  at  each,  and 
the  expense  attending  tb^ same;  also, an  estimate 
of  the  costs  which  will  attend  the  erection  of  m 
naval  hospital  at  this  place,  sufficiently  large  for 
the  number  of  persons  annually  provided  for. 

The  House  then  took  up  the  amendmeau  of 
the  Senate  to  the  bill  to  enforce  neutrality. 

The  House,  on  motion  of  Mr.  ForsttH|  disa- 


Digitized  by 


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17«5 


mSTOBT  OF^Ot^eRBSt. 


vm 


Afbil,  1818. 


MUUary  Peace  EwUMishment. 


H.opR. 


greed  to  iluit  ameDdmeiit  of  the  Senate  which 
proposed  lo  eoDtitue  in  foree  so  moch  of  the  act 
of  1797,  as  makes  it  punishable  bf  the  oourls  of 
the  United  States,  for  a  citizen  to  take  ont  of  the 
limits  of  the  United  States  a  commission  to  serve 
•sainst  any  foreign  Power  in  amiljr  with  the 
United  States. 

The  remainder  of  the  amendments  of  the  Sen- 
ate were  agreed  to  by  the  House,  and  were  little 
more  than  verbal,  with  the  exception  of  two : 
one  of  whieh  proposed  to  punish  the  delivery  of 
commissions  from  a  foreign  Government  to  ves- 
sels,  ^.,  within  the  Ubited  States;  the  other, 
was  the  rejection  by  the  Senate  of  the  section 
incorporated  in  the  bill  in  this  Honse,  on  the  mo- 
tion of  Mr.  Clat.  This  seetioii  was  stated  bjr 
Mr.  FoRSTTH  to  be  wholly  unnecessary,  since 
the  decision  of  the  Supreme  Court  in  the  case  of 
i^tmer  and  others— parts  of  which  Mr.  F.  read 
to  the  House. 

The  House  then  took  up  the  report  of  the  Com- 
mittee of  the  whole  Home,  on  the  bill  concern- 
ing intatid  pensioners ;  and,  after  receiving  and 
discnssingnumerous  amendments  proposed  there* 
tO)  the  biTl  was  finally  ordered  to  be  engrossed 
for  a  third  reading. 

The  House(  having,  on  motion  of  Mr.  Lowndsb, 

Erevioosly  discharge  the  Committee  of  the  whole 
louse  therefrom)  took  up  successively  the  bills 
'^  supplementary  to  the  several  acts  relative  to 
direct  tax  and  internal  duties.'^  and  **  for  chaaginff 
the  compensation  of  Receivers  and  Registers  of 
land  offices,''  and  spent  nearly  two  hours  bnsilv 
in  maturing  the  details  of  these  bills ;  after  which 
they  were  severally  ordered  to  be  engrossed  for 
a  third  reading. 

The  House  resolved  itself  into  «  Committee  of 
the  Whole^  on  the  bill  supplementary  to  the  sev- 
eral acts  making  appropriations  for  the  year  1818; 
also,  on  the  bill  to  regulate  and  fix  the  compensa- 
tion of  elerks  in  the  different  offices;  and  on  the 
amendments  proposed  by  the  Senate  to  the  bill, 
entitled  '*  An  act  fixing  the  compensation  of  the 
Secretary  of  the  Senate  and  Clerk  of  the  House 
of  Representatives,  and  of  the  clerks  employed 
in  their  offices ;  and,  after  some  time  spent  there- 
ia,  the  Committee  rose,  and  reported  the  said  bills 
with  aMeadments  to  each,  and  their  agreement 
|o  tiM  aMendments  proposiNi  by  the  Senate  to  the 
tet-BMBCioBed  bill. 

The  amendments  to  the  bill  supplementary  to 
the  several  acts  making  appropriatioaa  for  the 
year  1^18,  were  read  and  concurred  in  by  the 
House;  and  the  bill  was  ordered  to  be  engrossed, 
and  read  a  third  time  to-morrow. 

The  amendments  to  the  bill,  entitled  *'An  act 
fixing  the  compensation  of  the  Secretary  of  the 
Senate  and  Clerk  of  the  House  of  Representa- 
tives, and  of  the  clerks  employed  in  their  offices," 
were  read  and  concurred  in  by  the  House. 

The  amendments  to  the  bill  to  regulate  and 
fix  the  compensation  of  clerks  in  the  different 
offices,  were  read  and  concurred  in  by  the  House ; 
and  the  bUl  was  ordered  to  be  engrossed,  and  read 
a  third  time  to-morrow. 

The  House  resolved  iuelf  into  a  Committee  of 


the  Whole,  on  the  bill  for  the  relief  of  Madam 
Poidevin;  which  .was  reported  without  amend- 
ment, and  ordered  to  be  engrossed,  and  read  a 
third  time  to-morrow. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  haVe  passed  the  resolution  **  di- 
rection the  completion  of  the  survey  of  the  wa- 
ters of  the  Chesapeake  bay,  and  for  the  establish- 
ment of  naval  arsenals,  and  for  other  purposes," 
with  amendments;  in  which  amendments  they 
ask  the  eoncurrence  of  this  House. 

The  Committee  on  Pensions  and  Revolution- 
ary Claims  were  discharged  from  a  further  con- 
sideration of  the  several  petitions  and  other  mat* 
ters  referred  to  them,  and  upon  which  they  have 
not  reported ;  and  they  were  laid  upon  the  table. 

Ad  engrossed  bill  to  authorixe  the  recoverv  of 
public  moneys,  was  read  the  third  time,  and  or- 
dered to  lie  on  the  table. 

The  amendments  proposed  by  the  Senate  to 
the  bill,  entitled  '^  An  act  for  the  relief  of  the 
houses  of  Thomas  and  John  Clifford,  Elisha 
Fisher  and  Company,  Thomas  Clifford  and  Son, 
and  ThomasClifiprd  of  Philadelphia^  and  Charles 
Wir|fman  of  Baltimore,"  were  read,  and  oogcnr- 
red  in  by  the  House. 

MIUTART  PEACE  E8TABU8HMENT. 

Mr.  Trimblb  submitted  the  following  rtsoln- 
tions,  viz : 

1.  Sesoived,  That  the  Secretary  of  Wsr  be,  end  he 
if  hereby^  instructed  to  report  to  this  House,  at  an 
early  penod  of,  the  next  session  of  Congrsfs^  whether 
sny,  and,  if  any,  what  reduction  may  1^  made  in  the 
MiUtary  Peace  Establishment  of  the  United  States 
with  Sleety  to  the  public  service. 

3.  B€$ahed,  That  the  Secretary  of  War  be,  asd  he 
is  hereby,  instructed  to  report  to  this  House  at  an 
early  period  of  the  next  session  of  Conffres^  whether 
any,  and»  if  any,  what  change  ought  to  be  made  in 
the  ration  established  by  law;  and  also  report  a  sys- 
tem lor  the  establishment  of  a  ctmimlssariat  fie  the 
army. 

Mr.  Teimbli  said  that,  intending  to  bring  this 
subject  before  the  House  at  this  session,  ha  had| 
with  that  view,  paid  some  attention  to  the  pres- 
ent Peace  Bstablisbmeni,  but  the  bill  from  the 
Seaau  proposing  a  reduction  in  the  medical  and 
hospital  staff  had  come  up  too  late  to  hope  for  a 
general  reformatiQO.  From  the  discussion  which 
took  place  on  that  part  of  the  bill,  proposing  a 
change  ip  the  law  touching  the  contractors,  it 
was  manifest  that  information  was  wanted  on 
the  subject  of  a  commissariat ;  and,  as  that  sub* 
ject  must  necessarily  be  acted  on  at  the  next  ses- 
sion, it  would  probably  be  best  to  have  a  report 
from  the  War  Department,  made  out  upon  ma- 
ture reflection,  and  whieh  would  serve  as  a  prop- 
osition to  act  upon.  He  ka«w  that  it  would  be 
highly  improper  to  consume  time  by  stating  the 
principles  upon  which  the  Miliiarv  Peace  Estab- 
lishment of  the  United  States  ought  to  be  predi- 
cated, and  still  more  improper  to  go  into  details 
on  the  subject.  He  would  ooly  add.  that  a  saving 
of  half  a  million,  he  might  sav  seven  hundred 
and  fifty  thousand  dollars  could  be  made,  and  the 


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vm 


mmmat  or  mo^aKssH. 


1768 


H.OPR. 


Fr0O0idiKig9, 


ApbiLi  181S«. 


army  be  left  as  efilcient,  be  woold  eay  more  elli- 
cient  tban  it  was  at  preseDf.  Indeed,  it  was  im- 
possible to  lay  what  sums  could  be  saved  by  the 
establishment  of  a  commissariat,  properly  organ- 
ized, for  our  seryice. 

Mr.  Siarra,  of  Maryland,  opposed  the  resolo- 
tioD,  and  briefly  referred  to  the  various  fortifica- 
tions and  extensire  frontiers  to  show,  that  a  re- 
duction would  be  incompatible  with  the  public 
interest ;  another  objection  was,  that  this  resolu- 
tion would  leave  many  officers  in  doubt  as  to  the 
length  of  their  continuance  in  service.  He  con- 
cluded, by  moving  that  the  words  **  of  the  ex- 
penses of,^  be  inserted  after  the  word  *•  reduc- 
tion.'' 

Mr.  WitLiAMS,  of  North  Carolina,  opposed  this 
amendment,  and  advocated  the  resolution,  on  the 
ground,  that  the  present  Military  Bstablishment 
was  more  expensive  than  it  ought  to  be,  and  was 
larffer  than  necessary;  it  being  his  opinion,  as 
declared  on  a  former  occasion,  that  an  army  of 
six  thousand  was  amply  sufficient  for  a  Peace 
Bstablishment. 

Mr.  Rbbd  made  some  remarks  of  the  same 
character,  in  favor  of  the  resolution  ;  and  hoped 
the  report  would  be  required  at  an  early  perwd, 
and  suggested  the  introduction  of  these  words, 
which  'were  accepted  by  the  mover,  atid  in- 
serted. 

Mr.  Miller  made  a  few  remarks  a^jainst  the 
first  resolution,  and  moved  that  it  be  stricken  out 
of  the  proposition. — This  motion  was  lost. 

After  .some  further  conversation,  Mr.  Sjiitb'b 
motion  was  agreed  to ;  and,  as  amended,  the  res- 
.  olffMu  was  adopted. 

The  House  then  todk  a  recess  until  half  after 
seven  o^olock  P.  M. 

BALF  PAST  SEVSN  o'CLOCK  P.  M. 

The  amendments  proposed  by  the  Sennce  to 
the  bill,  entitled  "An  act  making  appropriations 
feir  the  public  buildings  and  for  furnishing  the 
Capitol  and  President's  House,"  were  read,  and 
the  fifst  thereof  disagreed  to,  and  the  residue  oon- 
eimed  in  by  the  House. 

The  amendments  proposed  by  the  Senate  to 
the  rtsolution  *^  directing  the  completion  of  the 
survey  of  the  waters  of  the  Chesapeake  bay,  and 
for  the  establishment  of  naval  arsenals  and  other 
purposes,'*  were  read  and  conourred  in  by  the 
House. 

Ordered,  That  the  Committee  of  the  Whole, 
to  which  is  oommitted  the  bill  from  the  fiknate, 
entitled  "An  act  to  increase  the  salaries  of  certain 
officers  therein  mentioned,"  be  discharged,  and 
that  the  bill  be  connnitted  to  the  Committee  of 
the  Whole,  to  which  is  committed  the  bill  for  the 
relief  of  Cornelia  Mason. 

The  House  resolved  itself  into  a  Committee  of 
the  Whole,  on  the  bill  to  alter  mud  establish  cer- 
tain post  roads.  The  bill  was  reported  with  sun- 
dry amendments ;  which  were  read  and  concurred 
in  by  the  House,  and  the  bill  was  ordered  to  be 
enmssed  and  read  a  third  time  to-morrow. 

The  House  resolved  itself  into  a  Committee  of 
|he  Whole,  on  the  bill  for  the  relief  of  Cornelia 


f  niso,  on  bills  from  the  Senate,  enticed 
"An  act  for  the  ] 


Mason  [ 

relief  of  the  heirs  of  Landon  Car^ 
ter ;"  and  "An  act  to  increase  the  salaries  of  eer> 
tain  officers  of  Qovemment  therein  mentkNied  f 
and  after  some  time  spent  therein,  the  Commitlee 
rose,  reported  progress,  end  had  leave  to  sit  again. 

Saturoat,  April  18. 

Ordered,  That  the  several  reports  of  commis- 
sioners appointed  to  settle  the  claims  to  land  in 
several  ot  the  States  and  Territories  of  the  Uni- 
ted States,  which  have  been  transmitted  by  the 
Commissioner  of  the  General  Land  Office  to  thie 
House,  and  to  the  Committees  on  Public  Land 
and  on  Private  Land  Claims,  be  returned  by  the 
Clerk  to  the  said  Commissioners  of  the  Qeneral 
Land  Office. 

Ordered,  That  the  Committee  of  Comaaercu 
and  Manufactures  be  discharged  from  the  con* 
sideratien  of  the  petitions  and  other  matters  to 
them  referred  at  th«  present  session  upon  which 
thev  have  not  acted^  and  that  they  lie  on  the 
table. 

Ordered,  That  the  CommUtee  on  the  VnbUc 
Lands  be  discharged  from  the  consideration  of 
the  petitions  and  other  matters  to  them  referred 
at  the  present  session  upon  which  they  hnve  not 
acted,  and  that  thev  lie  on  the  uUe. 

Ordered,  That  the  select  committee^  ap|K>inted 
on  the  17th  of  December  last,  on  the  solucct  of 
extinguishing  the  Indian  title  to  lands  granted  by 
Virginia  to  her  officers  and  soldiers  in  the  Revo^ 
lutioeary  army,  be  discharged  from  the  oonsid* 
oration  of  the  petitions  and  other  matters  referred 
to  them  upon  which  they  have  not  acted,  and 
that  they  lie  on  the  table. 

Ordered,  That  the  Committee  on  the  Judici- 
ary be  discharged  from  the  consideration  of  the 
charges  preferred  by  Edwin  Lewis  against  Jud^ 
Toulmin,  and  that  the  papers  oonneeted  the^ 
with  lie  on  the  table. 

Ordered,  That  the  committee  a^Minted  on 
the  petitions  of  Benjamin  and  John  WeUs,  and 
John  Webster,  be  discharged,  and  that  the  peti- 
tions lie  on  the  table. 

Ordered,  That  the  Committee  of  Claims  be 
discharged  from  the  consideration  of  the  petii^ona 
and  other  matters  and  things  referred  to  them  nft 
the  present  session  upon  which  ihey  hnve  ana 
acted. 

Mr.  Tatlob,  from  the  committee  to  wbosa 
vras  referred  the  refK>rt  of  the  select  eommittee 
upon  the  expenses  incurred  under  the  4th,  5tii, 
6th,  and  7th  articles  of  the  Treaty  of  Ghent,  made 
a  supplemental  report ;  which  wae  read,  and  or- 
dered to  lie  on  the  table  and  be  printed. 

Ordered,  That  the  committee  appointed  on 
the  27th  ultimo,  upon  the  subject  of  prosecuiioiis 
of  petitions  of  right  and  informations  of  intrn- 
sioo,  in  oases  wherein  the  United  States  are  con- 
cerned, be  continued,  with  power  to  report  ihereott 
at  the  next  session  of  Congress. 

The  Spbaur  laid  before  the  House  a  lettnff 
from  Benjamin  O.  Tyler,  accompanied  with  m 
copy  of  the  Declaration  of  American  Indepoid- 


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HI0TOBY  OP  CONORSSa 


1770 


AraiL,  1818. 


Relirf  of  General  8lark^-J)ay  of  Adjournment. 


H.OFR. 


■AC«,  wliiah  iif  h«&UtaLy  exaeuted  and  pal>lulMd ; 
bMBg,  m  hm  MUs,  *^(he  first  and  oaly  ^oe  eimUe 
Qopf  of  tilt  liffaataret  of  that  doeumaBt  e? ai 
comad  Of  paUiaaail  f*  irhie]k  latter  was  raad,  aad 
OMcarad  ta  lie  on  tftie  tabkb 

The  UH  from  tlia  Boiata,  aatiiiad  <^An  aot  fix* 
ng  the  coaspaasatioa  of  ladiao  ageata  and  foe* 
tors,''  was  read  the  third  time,  and  passed. 

BafTossed  bills  of  the  ibllowiag  titles,  to  wit : 
Aft  aet  to  establish  and  alter  certain  post  roads; 
An  act  eoncemfng  intaltd  pensioners ;  An  act  for 
Ike  relief  of  Bfadame  Poiderin;  An  act  to  resn* 
late  and  fix  the  compensation  of  clerks  in  the  dif- 
ftrent  offices ;  An  act  supplementary  to  the  sere- 
ral  acts  relatife  to  direct  taxes  and  internal  da* 
ties  i,  Aa  act  supplementary  to  the  se? eral  acts 
making  appropriations  for  the  year  1S18;  An  act 
for  changing  the  ciompensation  of  receirers  and 
tegiatais  of  land  offices^  and  An  act  to  sospand 
the  salea  of  certain  lands  in  the  State  of  Louisi- 
ana and  Territory  of  Missouri ;  were  severally 
read  a  third  time,  and  passed. 

The  Honse  toodc  up  and  proceeded  to  eoosider 
the  bill  from  the  Senate,  entitled  ^An  act  eon- 
eemhig  tonaage  and  discrimiaating  duties  in  cer- 
tain eases;"  and  the  same  being  amended,  the 
amendmeiit  was  ordered  to  be  engrossed,  and  the 
bin  to  be  read  a  third  time  to-day;  which  was 
tobsequently  done,  and  the  bill  passed. 

The  Committee  of  the  Whole,  to  which  is  com- 
mitted the  bill  from  the  Senate,  entitled  "An  act 
fSMT  the  relief  of  the  heirs  of  Landon  Carter." 
was  discharged,  and  the  bill  postponed  inden- 
rntelT. 

The  House  resolved  itself  into  a  Committee  of 
the  Whole,  on  the  bill  for  the  relief  of  Cornelia 
Mason ;  also  on  the  bills  of  the  Senate,  entitled 
*' An  act  to  increase  the  saUriea  of  certain  officers 
of  Government ;"  and  ^An  act  authorizing  a  snb* 
saription  for  the  Statistical  Annals  of  Adam  Sey- 
bert,  and  the  purchase  of  PitlUn's  Commercial 
Staiistica.  The  firtit  and  last  mentioned  biUs 
were  leporled  without  amendmenit  and  the  aec- 
and  aaeotipned  hill  with  anaendmantt. 

The  yii  fo  tha  relief  of  Comtlia  Maaoa  waa 
eaiened  to  be  angaaesed,  and  raad  a  thtrd  tiaaa 
ae-datyi  whieh  waa  sobeeauea^T  done,  and  the 
Ml  passed. 

Tka  Haase  then  took  ap  the  bin  aathof  ittag  a 
flttbeeripcion  ibr  the  Statistical  Annals  of  Adam 
Seybert,  and  the  purchase  of  Pitkin^  Commer* 
eial  Statistics;  when  a  motion  was  made  by  Mr. 
laghaaa,  to  aiiiend  the  said  biH  by  striking  out 
that  part  ttieraaf  which  propoeee  to  purchase  five 
hiaidred  copiea  of  Pitkin's  Commercial  Sutie- 
lics;  which  motion  was  rejected;  and  the  bill 
was  ordered  to  be  read  a  third  time  to-day. 

BBUEF  OF  GENERAL  STARK. 

Mr.  Bnrtaa^jDf  Yermont,  moved  that  the  Com- 
mittee of  the  Whole  be  discharged  from  the  far- 
ther consideration  of  the  ^ill  for  the  relief  of 
Bbgor  General  John  Stark,  with  the  view  oi 
getting  the  bill  before  the  House,  and  havtaff  it 
aetad  on;  and  to  indaoa  the  House  to  consenrto 
.thia  e^uaffi  Mr.B.iBade  a  few  remarks,  statiag  that 


(General  Stark  was  now  at  thr  great  age  of  ninetv 
years  and  in  indigent  circomstances,  and  trustea 
the  House  would  not  refose  to  extend  relief  to 
this  aged  and  meritorious  veteran. 

Mr.  Harrison  hoped  the  House  would  agree 
to  the  motion,  for,  in  addition  to  the  great  age  of 
General  Stark,  he  was,  Mr.  H.  understood,  in 
bad  health,  ana  consequentlv  his  life  very  preca- 
rious. If  the  late  neriod  of  the  session  was  ob- 
jected to  taking  up  tae  bill,  Mr.  H.  said  he  should 
move  that  the  House  meet  to-morrow,  for  the 
Sabbath  could  not  be  better  spent  than  in  legis- 
lating to  alleviate  the  distress  of  a  veteran  hero ; 
and  he  begged  that  the  House  would  not  a4iourn 
without  doinff  something  for  the  relief  or  this 
venerable  ana  indigent  soldier  of  the  Revolution. 

The  motion  of  Mn  BoriiBa  was  agreed  to; 
and  the  House  took  up  the  bill  to  grant  (o  Maior 
General  Surk  a  pension,  during  life,  of  -***«^  ou- 
lars  per  month,  from  the  4th  day  of  last  July. 

Mr.  BuTLsa  moved  to  fill  the  blank  with  forty 
dollars;  and  Mr.  LivaBMoaa  moved  to  insert 
sixtjr,  which  he  said  would  be  the  same  aa  the 
pension  granted  to  General  St.  Clair. 

The  last  motion  being  first  in  order,  the  quee- 
tion  was  taken  thereon,  and  the  sum  of  sixty 
dollars  agreed  to  without  a  division. 

Mr.  BDaoi;.aa  moved  to  insert  in  the  bill  some 
proviakonfor  thereUef  of  Hannah  Leighton,  Cocm- 
erly  wife  of  Captain  Isaac  Davis,  who  was  killed 
in  one  or  the  tot  battles  of  the  Revelation*  that 
at  Coneord^  ia  Apal»  1775% 

Mr.  Livsnuoai  hoped  the  ameadmaat.  pro* 
posed  by  the  mMJeflMm  kom  Massachoeattt 
would^a^ibf  made«  Apeaeiaawaatobegiaatad 
ta  Major  General  Stalk  in  oonsidemtiaa  of  his 
servieee  in  tha  Revolmioaavy  war.  Ha  eaold 
see  no  reason  for  peopling  the  M  lady  with  htm 
at  so  late  a  st$ge  of  hie  Ufe,  anlees  it  shonid  ap- 
pear that  she  also  had  performed  miUtary  ser- 
vices; suitable  provision  might  be  niade  for  her 
separately. 

Mr.  RuQOLEs'a  motion  was  neffatived  without 
a  division;  and  the  bfil  was  ordered  to  be  en- 
grossed and  Kad  a  third  time  to-day,  and  subse- 
qaently  read  a  third  time,  and  paaaed. 

DAY  OP  ABJOURNHSNT. 

Mr.  MooM  offered  %  teeoluiieA  to  rescind  the 
joint  reeoluAioa  of  Congrees  which  fixed  the  taf«> 
minatioa  of  the  aession  at  tha  20th  in8ianl,aod 
to  authorise  tha  adjoucament  on  the  ttd,  hot 
snbeeqnent&y  agreed  to  leave  tha  ^f  Uaak,  and 
referred  the  House  to  the  mass  of  business  befote 
them  to  show  that  an  adjoamment  oould  not  take 
place  at  the  {»eriod  agreed  on  without  detriment 
to  the  Dublic  interest. 

Mr.  H.  NaLaoN  abo  supported  the  motion,  and 
particularized  some  bills  that  were  of  high  and 
pressing  importance  to  the  public  interest,  which 
most  necessarily  he  passed  over,  as  time  soflicient 
was  not  lefl  for  their  consideratioo. 

Mr.  HoPKUcaoN  opposed  the  motion,  because, 
if  the  adjournment  were  postponed  a  day  or  two 
only,  as  had  been  suggestedi  the  Hooee  would 
find  itself  then  juat  where  it  waa  now.    The  sub- 


Digitized  by 


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1771 


HISTORY  OF  CONGRESS. 


1772 


H.  OP  R. 


African  Colonization, 


April,  1818. 


ject  referred  to  by  Mr.  Nelson  would  alone  take 
teD  or  twelve  days  to  mature ;  if  the  House  would 
agree  to  fix  a  day  as  distant  as  that,  he  was  will- 
ing to  go  with  tnena  5  but  a  shorter  time  would 
be  useless,  and  as  the  two  Houses  had  now  de- 
termined on  a  day,  he  was  opposed  to  rescinding 
it  for  the  sake  of  gaining  one  or  two  days. 

Messrs.  Terry  and  Desha  also  opposed  the 
motion,  and  Mr.  Harrison  advocated  it;  after 
which^  on  motion  of  Mr.  Ingham,  the  resolution 
was  laid  on  the  table. 

Mr.  H.  Nelson  subsequently  called  it  up,  and 
on  the  question  of  proceeding  to  consider  the  res- 
olution, it  was  decided  in  the  negative  by  yeas 
and  nays— yeas  38,  nays  81. 

AFRICAN  COLONIZATION. 

Mr.  Merger,  from  the  committee  to  whom 
was  referred  the  memorial  of  the  annual  meeting 
of  the  Society  of  Friends,  held  in  Baltimore,  and 
sundry  other  memorials  and  petitions  upon  the 
subject  of  colonizing  the  free  people  of  color  of 
the  United  Staies,  made  a  report  thereon  ;  which 
was  read,  and  committed  to  a  Committee  of  the 
Whole.    The  report  is  as  follows : 

The  committee  to  whom  was  referred  the  memorial 
of  the  **  President  and  Board  of  Managers  of  the  Amer- 
ican Society  for  Colonizing  the  Free  People  of  Color 
of  Uie  United  States,"  have,  according  to  order,  had 
the  same  under  their  attentive  consideration. 

Referring  to  the  memorial  itself,  and  to  the  report 
of  the  Committee  on  the  Slave  Trade,  to  the  fourteenth 
Congress,  your  committee  beg  leave  to  add,  that  a  new 
interest  has  been  recently  imparted  to  the  benevolent 
enterprise  of  the  memorialists,  by  the  prospect  of  a 
•peedy  termination  of  that  traffic,  which  has  been  so 
long  the  crime  of  Europe,  the  scourge  of  Africa,  and 
the  affliction  and  disgrace  of  America.  Spain  and  Por- 
tugal have  at  length  concurred  in  that  just  and  hu- 
mane policy  of  the  United  States,  which  Great  Britain 
was  the  first  to  imitate,  and  which,  by  her  liberal  and 
unremitting  seal,  she  has  successfully  extended  through- 
out the  civilised  world. 

80  far  as  the  civilisation  of  Africa — the  victim  of 
this  inhuman  traffic-ris  embraced  among  the  views  of 
the  memorialists,  the  removal  of  this  formidable  im- 
pediment to  their  success  is  calculated  to  elevate  the 
nopea  of  the  philanthropist,  and  to  secure  to  their 
enterprise  a  larger  share  of  public  confidence. 

America  cannot  but  sympathize  in  the  wish  to  re- 
deem from  ignorance,  barbarism  and  superstition,  a 
continent  of  vast  extent,  spread  out  beneath  every  cli- 
mate, embracing  every  variety  of  soil,  and  inhabited 
by  a  much-injured  and  degraded  portion  of  the  human 
race. 

But,  your  committee  have  no  hesitation  in  acknowl- 
edging that  they  derive  a  yet  stronger  incentive  to 
Toeommend  this  enterprise  to  the  countenance  and 
fiivoTofthe  House,  from  considerations  peculiar  to  the 
United  States.  They  were  presented  to  the  last  Con- 
gress by  the  report  to  which  your  committee  have 
referred ;  and  they  deem  it  unnecessary,  therefore,  to 
press  them  upon  the  attention  of  the  House.  They 
cannot,  however,  forbear  to  remark,  that  time  is  unceas- 
ingly aggravating  all  those  domestic  evils,  ibr  which 
the  memorialists  propose  the  only  competent  remedy ; 
and  that  the  most  anspidoaa  circumstances  conspire, 
at  present,  to  promote  its  suecessful  application. 


Europe,  after  passing  through  a*  war  of  unprece- 
dented extent  and  calamity,  enjoys  a  repose  which  she 
has  rarely  known,  and  which,  for  the  honor  of  human- 
ity, it  may  be  hoped  she  will  be  disposed  to  signalise 
by  some  act  of  distinguished  generosity.  She  will  not 
surely  be  content  with  a  mere  forbearance  of  further 
injustice,  but  seek  to  repair  the  wrongs  which  she  has 
inflicted  upon  an  unhappy  race  of  men. 

The  people  of  the  United  States  have  retired  from 
the  same  conflict,  to  enjoy  a  prosperity  which  has  never 
been  surpassed  in  the  history  of  the  world.  Respected 
abroad,  tney  possess  abundance,  tranquillity,  and  hap- 
piness, at  home. 

A  survey  of  such  blessings  naturally  inspires  a  sen- 
timent, the  existence  of  which  is  illustrated,  not  only 
by  the  formation  of  the  society  from  which  this  memo- 
rial proceeds — a  society  embracing  individuals  of  every 
religious  and  political  denomination,  and  inhabitants 
of  every  State  in  this  wide-spread  Union — but  by  the 
almost  unanimous  proceedings  of  the  Legislatures  of 
Virginia,  Maryland,  Tennessee,  and  Georgia,  either 
recommending  or  countenancing  the  same  benevolent 
object. 

It  cannot  be  supposed  that  the  liberal  and  enlight- 
ened policy  which  dictated  the  resolutions  and  acts  of 
these  particular  States,  is  confined  to  themselves  alone. 
Their  neighbors,  alike  circumstanced,  actuated  by  the 
same  interests  and  feelings,  will  be  conducted  to  the 
same  conclusions,  in  relation  to  questions  not  onlj  of 
vital  importance  to  them,  but,  in  Uieir  remo'o  beanng, 
of  scarcely  less  moment  to  the  stability  and  prosperity 
of  the  Union. 

The  auxiliary  Colonization  Societies  whica  are  dailj 
springing  up  in  other  quarters  of  the  United  States, 
evince,  that  if  the  feelings  which  animate  them  wet« 
local  in  their  origin,  they  required  only  to  be  mani- 
fested, in  order  to  awaken  the  sympathy  and  to  secure 
the  co-operation  of  the  rest  of  America,  in  the  attain- 
ment of  their  common  object. 

Your  committee  would  not  thus  favorably  regard  the 
prayer  of  the  memorialists,  if  it  sought  to  impair  in  the 
slightest  degree  the  rights  of  private  property,  or  the 
yet  more  sacred  rights  of  personal  liberty,  sseored  to 
every  description  of  freemen  in  the  United  Stales. 

The  resolution  of  the  Legislature  of  Virginia ;  the 
subsequent  acts  and  declarations,  as  well  as  the  high 
character  of  the  memorialists  themselves,  added  to  the 
most  obviqus  interest  of  the  States  who  have  reoently 
sanctioned  the  purpose,  or  recognised  the  existenoe  ef 
the  American  Colonisation  Society ;  exclude  the  ie-> 
motest  apprehension  of  such  injustice  or  inhnmanitj. 

The  memorialists  propose  to  attain  the  noUest  end 
which  benevolence  can  conceive,  by  temperate  and 
practicable  means. 

As  preliminary  to  their  success,  and  in  antidpetioa 
of  the  acts  of  the  Government,  they  have,  at  consider- 
able expense,  sent  out  agents  to  explore  the  ooast  oi 
Africa,  and  to  select  a  seat  for  their  contemplated  col- 
ony. These  agents  were  instructed,  first,  to  visit 
Europe.  Their  reception  in  England,  and  the  intel- 
ligence which  had  been  received  from  them,  down  to 
the  period  of  their  late  embarkation  for  Africa,  wete  as 
favorable  as  could  have  been  anticipated  to  the  success 
of  their  mission.  This  success,  however,  cannot  be 
complete,  until  the  object  of  the  memorialists  shall 
have  received  the  sanction,  and  their  eflforts  the  aid,  of 
the  Federal  Government 

If  their  memorial  does  not  fVimish  sufficient  ground 
ibr  the  interposition  of  the  National  Legislature  in 


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iTira 


BISTORT  OF  CONGBESS. 


1774 


AniL,  1818. 


Solarm  of  Offkert. 


H.  OP  R. 


tbair  belislA  it  »f|kMn  to  jom  MMmiitlM  that  the  re«- 
dationi  of  Viigmia  (which  they  beg  leave  to  rabjoin 
to  this  report)  mbeeqaentlj  eoftained  by  a  similar 
leeolutioa  of  Maiyland  and  Tenneafee,  anqueationa- 
blj  do  so. 

Whether  a  treaty  for  the  territory  of  the  proposed 
ctHanj  is  to  be  opened  with  the  native  tribes  of  Africa, 
or  with  the  Earopean  Governments  which  claim  cer- 
tain portions  of  the  shores  of  that  continent,  it  is  by 
the  anthority  of  the  United  States  alone  that  such  ne- 
gotiation can  be  eflfected. 

The  several  States,  having,  by  their  adoption  of  the 
Federal  Constitation,  surrendered  the  power  of  negoti- 
ation to  the  Federal  Qovenmieiit,  have  an  imdo«bted 
light  to  chibn  tiie  exercise  of  that  sovereign  authority 
for  their  benefit,  whenever  it  can  be  exerted,  consist* 
ently  with  the  welfare  of  the  United  States. 

Yow  eommittee  cannot  forbear  to  add  another,  to 
tliem  ja  very  solemn  consideration,  as  an  inducement 
lor  the  exercise  of  this  authority,  in  the  manner  propo- 
sed by  the  General  Assembly  of  Virginia.  The  act  of 
Congress,  which  interdicts  the  African  slave  trade,  and 
subjects  the  citixens  of  the  United  States,  who  engage 
in  its  prosecution,  to  merited  puniihment,  has  left  the 
unfortunate  beings,  whom  the  viol  store  of  this  law  are 
daily  casting  upon  the  American  shores,  to  the  sepa- 
rate proviriona  of  the  respective  States,  vrithin  whose 
Jurisdiction  they  may  chance  to  be  found. 

To  say  nothing  of  the  abstract  propriety  of  transfer- 
ring such  an  authority  over  the  persons  and  tiberty  of 
these  foreigners,  from  the  National  to  the  State  Legis- 
latures; entertaining  no  apprehension  that  Congress 
will  be  rendered  thereby  accessary  to  any  act  of  cm- 
elW  or  inhumanity,  it  must  be,  yet,  apparent,  that  the 
individual  States  have  a  right  to  requnre  the  aid  now 
eooi^  la  be  obtained  from  the  General  Government, 
la  order  to  enable  themselves  to  diechaige  the  trust  re- 
posed in  them,  without  a  violation  of  their  local  poliey, 
or  inJBstioe  to  those  unfortunate  Africans,  placed  at  Uieir 
disposal  by  the  laws  of  the  United  Stotes. 

Tow  eommittee  were  instructed  hv  two  other  reso- 
Iitiens  of  the  House,  to  inquire  into  the  expedient  of 
aakiBf  more  efiwtual  provision,  by  law,  for  preventing 
the  participation  of  the  citixens  of  the  United  States  in 
the  African  slaiw  trade,  and  of  eorrecting  certain  abu- 
•se  which  are  praotieed  in  the  internal  commerce  of 
the  United  Statee.  Both  these  objects  have  been  ac* 
eompliahed  by  bills  whidi  subsequently  originated  in 
the  other  brandi  of  the  National  Legislature,  and 
which  came  down  to  tiie  Houee  of  Representatives, 
under  circumstances  which  insured  to  them  an  earlier 
dedsion  than  would  have  followed  a  report  from  your 
committee.  They  beg  leave,  however,  to  remark,  that 
the  beneficial  effect  to  be  expected  from  any  improve- 
ment of  the  pre-existing  laws,  in  relation  to  the  for- 
mer q>eciee  of  traffic,  which  commences  its  enterprise 
against  humanity,  on  a  foreign  and  remote  coast,  and 
maturee  it  on  that  of  America,  in  such  a  manner  as  to 
efaide  detection  by  ordinary  vigilance,  must  depend  on 
the  effnrts  of  another  branch  of  the  Government. 

It  does  net  become  your  oommittee  to  do  more^  in 
relation  to  this  branch  of  the  inquiry  charged  upon 
theoD,  than  to  intimate  their  opinion,  that  no  act  of 
legialatiQn  whatever  would  be  so  likely  to  put  down 
thk  iniquitoua  traffic,  as  the  multiplication  of  the  rev- 
enue cutters  upon  the  American  shores,  most  fre- 
quented by  the  veesels  engaged  in  it ;  and  the  employ- 
ment of  such  part  of  the  Navy,  as  would  be  best  adapt- 
ed  to  Budi  service,  in  occasional  virits  to  the  African 


coast,  at  the  season  when  it  is  frequented  by  the  same 
description  of  vessels. 

Your  committee  ask,  therefore,  to  be  discharged 
from  the  farther  consideration  of  the  second  and  third 
resolutions,  to  which  they  have  referred,  and  beg  leave 
to  recommend  to  the  House,  in  relation  to  the  £st,  the 
adoption  of  the  following  resolution  : 

^  Resohed,  That  the  President  of  the  United  States 
be  and  he  is  hereby  requested  to  take  such  measures 
as  he  may  deem  proper,  to  ascertain  whether  a  suita- 
ble territory  can  he  procured  on  the  coast  of  Africa* 
for  colonizing  such  of  the  free  jpeople  of  the  United 
States  as  may  be  willing  to  avau  themselves  of  such 
an  asylum ;  and  to  enter  into  such  negotiation  with 
the  native  tribes  of  Africa,  or  with  one  or  more  of  the 
Governments  of  Eurone,  as  may  be  necessary  to  ob- 
tain such  territory,  and  to  secure  to  the  contemplated 
colony  every  advantage  which  he  may  deem  essential 
to  its  future  independence  and  prosperity." 

The  foUowin^  are  the  resolatioDs  of  the  Legis- 
lature of  Virginia,  in  1816,  on  the  same  subject : 

*<  Whereas,  the  Graeral  Assembly  of  Virginia  have 
repeatedly  sought  to  obtain  an  asvlum,  iMyond  the 
limiU  of  the  United  States,  for  such  persons  of  color 
as  had  been,  or  might  be  emancipated,  under  the  laws 
of  the  Commonwealth,  but  have  hitherto  found  all 
their  efforts  frustrated,  either  by  the  disturbed  sUte  of 
the  nations,  or  domestic  causes  equally  unpropitious 
to  their  success. 

**  They  now  avail  themselves  of  a  period  when  peaoe 
has  healed  the  wounds  of  humanity,  and  the  principal 
nations  of  Europe  have  concurred  with  the  Govern- 
ment of  the  United  States  in  abolishing  the  African 
slave  trade,  (a  traffic  which  this  Commonwealth,  both 
before  and  since  the  Bevolution,  sealously  sought  to 
terminate)  to  renew  this  effort,  and  do,  therefore. 

'•Reiolve,  That  the  Executive  be  requested  to  cor« 
respond  with  the  President  of  the  United  States,  for 
the  purpose  of  obtaining  a  territory  upon  the  coast  of 
Africa,  or  at  some  other  place,  not  within  any  of  the 
States  or  territorial  governments  of  the  United  States 
to  serve  as  an  asylum  for  such  persons  of  color  as  are 
now  free,  and  may  desire  the  same,  and  for  those  who 
may  be  hereafter  emancipated  within  this  Common- 
wealth ;  and  that  the  Senators  and  Representatives  of 
this  State,  in  the  Congress  of  the  United  States,  be 
requested  to  use  their  best  effi)rts  to  aid  the  President 
of  the  United  States  in  the  attainment  of  the  above 
object :  Provided^  That  no  contract  or  airangement, 
respecting  such  territory,  shall  be  obligatory  on  this 
Commonwealth,  until  ratified  by  the  Legislature.'' 

[Passed  bv  the  House  of  Delegates,  December  16, 
1816.  By  the  Senate,  with  an  amendment,  Deoem- 
ber  20, 1816.  Concurred  in  by  the  House  of  Dele- 
gates, December  21, 1816.] 

SALARIES  OF  OFFICERS. 

The  amendments  reported  to  the  bill  to  in- 
crease the  salaries  of  certain  office^  of  Gk>yerD- 
ment  were  read  \  when  Mr,  Moore  moved  that 
the  bill  be  postpooed  indefinitely  ;  and  the  qaes-, 
tion  bein^  taken  thereon,  it  was  determined  in 
the  negative— yeas  58,  nays  69,  as  follows : 

YxAs— Messrs.  Adams,  Austin,  Beecher,  Bennett, 
Boden,  Burwell,  BuUer,  CUgett,  Colston,  Crafts,  Cu^ 
breth,  Desha,  Earle,  ElUcott,  Ervin  of  South  Carolina, 
Gamett,  Hall  of  Delaware,  Hasbrouck,  Herkimer- 
Hitchcock,  Hogg,  Holmes  of  Connecticut,  Hunting, 


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1775 


mSTORT  OF  CONGRESS. 


1776 


H.  opR. 


Senate  BiUs,  f  c. 


April,  18ia. 


ton,  Irring  of  New  York,  Johnson  of  Virginia,  Lmn, 
Livermorc,  McCoy,  Marchand,  McrriU,  Moore,  Mor- 
ton,  Murray,  T.  M.  Nelson,  Ogle,  Patterson,  Reed, 
Robertson  of  Louisiana,  Sampson,  Savage,  Sawyer, 
Scuddcr,  Sherwood,  Simkins,  BaUard  Smith,  South- 
ard,  Spencer,  Strong,  Strother,  Tarr,  Tompkins, 
Townscnd,  Trimble,  Tucker  of  South  Carolina,  Up- 
ham.  Walker  of  Kentucky,  WaUace,  and  Wilhams 
of  North  Carolina. 

Nats— Messrs.  Abbott,  Anderson  of  Kentuckyi 
Baldwin,  Barber  of  Ohio,  Bassett,  Bloomfield,  Blount, 
Boss,  Claiborne,  Cobb,  Comstock,  Crugcr,  Culbrcth, 
Darlington,  Floyd,  Forney,  Forsyth,  Hale,  Harrison, 
Herbert,  Herrick,  Hopkinson,  Hubbard,  Ingham,  John- 
son of  Kentucky,  Jones,  Kinsey,  KirUand,  Lowndes, 
W.  P.  Maclay,  Mason  of  Rhode  Island,  Mercer,  Mid- 
dleton,  Miller,  Mumford,  Jeremiah  Nelson,  Nesbitt, 
Ogden,  Owen,  Palmer,  Pawling,  Peter,  Pindall,  Pleas- 
ante,  Porter,  Rhea,  Rich,  Ringgold,  Robertson  of 
Kentucky,  Rugglcs,  Schuyler,  Sergeant,  Settle,  Slo- 
cumb,  S.  Smith,  Alexander  Smyth,  Speed,  Stewart  of 
North  Carolina,  Stuart  of  Maryland,  Taylor,  Ter- 
nX^  Terry,  Tucker  of  Virginia,  Westerlo,  Whitman, 
Williams  of  Connecticut,  Wilson  of  Massachusetto, 
and  Wilson  of  Pennsylvania. 

The  amendments  were  then  concurred  in  by 
(he  House. 

A  motion  was  then  made  by  Mr.  Beecher, 
further  to  reduce  the  salary  proposed  in  the  said 
\al\  to  be  given  to  the  Secretary  of  State,  from 
the  sum  of  six  thousand  dollars  to  the  sum  of  five 
thousand  five  hundred  dollars.  And  the  question 
being  taken  thereon,  it  passed  in  the  affirma- 
tiYe^yeas  68,  nays  60,  as  follows: 

Ybas — Messrs.  Adams,  Austin,  Barber  of  Ohio, 
Seecher,  Bennet,  Boden,  Burwell,  Butler,  Clagett, 
Comstock,  Crafts,  Culbreth,  Darlington,  Desha,  Earle, 
EUicott,  Folger,  Gage,  Gamett,  Hale,  Hall  of  Dela- 
ware, Hasbrouck,  Hitchcock,  Hogg,  Holmes  of  Con- 
neeticut,  Huntington,  Johnson  of  Virginia,  Lmn,  Liv- 
ennore,  W.  P.  Maclay,  McCoy,  Marchand,  Mason 
of  Rhode  Island,  Merrill,  Moore,  Morton,  Murray, 
H.  Nelson,  T.  M.  Nelson,  Ogle,  Patterson,  Porter, 
Reed,  Rich,  Richards,  Robertson  of  Louisiana,  Samp- 
son, Savage,  Sawyer,  Scudder,  Slocumb,  Bal.  Smith, 
Southard,  Spencer,  Stewart  of  N.  Carolina,  Strong, 
Strother,  Tarr,  Terry,  Tompkins,  Townsend,  Tucker 
of  South  Carolina,  Upham,  Walker  of  Kentucky, 
WaUace,  Williams  of  Connecticut,  Williams  of  N. 
Carolina,  and  Wilsom  of  Pennsylvania. 

Nats— Measrs.  Abbott,  Anderson  of  Kentucky, 
Baldwin,  Baasett,  Bloomfield,  Blount,  Boss,  Claiborne, 
Cobb,  Crawford,  Cruger,  Cushman,  Ervin  of  South 
Carolina,  Floyd,  Forney,  Forsyth,  Herrick,  Hopkin- 
•on,  Hubbard,  Ingham,  Irving  of  New  York,  Johnson 
of  Kentucky,  Jones,  Kinsey,  Kirtland,  Lowndes, 
MeTter,  Middleton,  Miller,  Mumford,  Jeremiah  Nel- 
son, Nesbitt,  Ogden,  Owen,  Palmer,  Pawling,  Peter, 
Pindall,  Pleasante,  Rhea,  Ringgold,  Robertson  of  Ken- 
tudty,  Ruggles,  Schuyler,  Sergeant,  Settle,  Seybert, 
INierwood,  Simkins,  S.  8mi£,  Alexander  Smyth, 
Speed,  Stuart  of  Maryland,  Taylor,  TerriU,  Tucker  of 
ViEgmia,  Wendover,  Westerlo,  Wilkin,  and  Wilson 
4>f  Massachusetts. 

The  bin  was  then  further  amended,  and  th« 
amendments  ordered  to  be  engrossed,  and  the 
bill  read  a  third  time  to-day. 


SENATE  BILLS,  Sdc. 

The  bill  from  the  Senate,  entitled  ^An  act 
authorizing^  a  subscription  for  the  Statistic^  Ait- 
nals  of  Adam  Seybert,  and  the  purchase  of  Pit- 
kin's Commercial  Statistics,"  was  read  the  third 
time,  and  passed. 

The  House  resolved  itself  into  a  Committee 
of  the  Whole,  on  the  bill  for  the  relief  of  B.  and 
P.  Jfourdan,  brothers ;  and  on  the  bill  frova  the 
Senate,  entitled  "An  act  for  the  relief  of  Samuel 
F.  Hooker."  The  first  named  bill  waa  reported 
with  an  amendment ;  which  was  read,  and  con- 
curred in  by  the  House,  and  the  bill  ordered  to 
be  engrossed,  and  read  a  third  time  to-day ;  whieh 
was  accordingly  done,  and  the  bill  passed. 

The  bill  from  the  Senate  for  the  rettef  of  Satn- 
uel  F.  Hooker,  was  read  a  third  time,  and  passed. 

Mr.  Bloompxeld  moved,  that  when  the  Home 
adjourn,  it  adjourn  to  to-morrow,  (Sunday,^  ten 
o'clock;  but  subsequently,  after  some oppositioD, 
withdrew  his  motion. 

Mr.  Mercer,  after  expressing  his  disapproba- 
tion of  a  Sabbath  meeting  of  the  House,  moved 
that  it  meet  at  six  o'clock,  on  Monday  morning. 
This  was  negatived — ayes  44. 

Mr.  Pindall  moved,  that  when  the  Uoose 
adjourn,  it  be  to  eight  o'clock,  on  Monday  moio- 
inff.— Negatived. 

Mr.  Harrison  rose  to  renew  the  motion  to 
meet  to-morrow ;  but  the  motion  was  considered 
inadmissible  by  the  Chair;  as  the  hour  for  the 
orders  of  the  day  had  arrived;  to  which  the 
House  then  proceeded. 

The  House  resolved  itself  inta  a  Comniliecof 
the  Whole,  on  bills  from  the  Senale^  enMed 
"An  act  for  the  relief  of  Richard  M.  JobnsiNi;^ 
and  "An  act  for  the  relief  of  John  Hail;  l«te  « 
Major  of  Marines ;"  and  on  the  bill  of  this  liMae 
for  transferring  the  claims  in  the  eftee  of  the 
Commissioner  to  the  Third  Auditor  of  the  Treia- 
ury.  The  bills  were  reported  wilhevt  mmmtdh 
meot. 

A  motion  was  made  by  Mr.  CiiirMWM,  lo 
amend  the  first  mentioned  bill,  when  the  HeuM 
adjourned  to  Monday,  at  10  o'clock. 

Monday,  April  20. 

A  message  from  the  Senate  informed  the  Bouse 
that  the  Senate  have  passed  bills  of  this  House  of 
the  following  titles,  to  wit :  An  act  respeetiogthe 
organization  of  the  Army,  and  for  other  parpf>> 
ses ;  An  act  to  incorporate  the  Colambiaa  laati- 
tttte ;  An  act  to  increase  the  duties  on  iron  ift 
bars  and  bolt«,  iron  in  pigs,  castings,  naU^  Ma4 
alum ;  An  act  for  the  relief  of  certiiiB  MaMf 
Creek  Indians  of  the  mixed  blood ;  An  aoi  ftr  w 
relief  of  Captain  Benjannn  Johnsod  tnd  Ca^cain 
Henry  Gist;  An  aet  to  ineireaae  the  d^Mea  ev 
certain  manufactured  articles  imported  iiKtf  the 
United  States;  An  act  to  continue  in  force  tMaat 
and  afler  the  30th  of  Jane,  1619,  until  tlie  SOth 
of  June,  1826.  the  fourth  paragraph  of  theftrst 
s^tion  of  the  act,  entitled  ^An  act  to  regufaBtte  the 
duties  on  imports  and  tonnage  f  An  act  prori- 
diag  for  the  deposite  of  wines  and  distilled  spirits 


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mKFOBT  OF  OamiKlifiB* 


17T8 


AraiL,  1918  • 


Judicial  DkiH§iw^eiating  Bunnese. 


H*  ov  R* 


tft  pnblie  warehouses;  with  tmendments  io  whieh 
th^  msk  the  concuneiuse  of  this  Hoase.  The 
8«iftte  disagree  to  that  part  of  the  ameiidiiieBts 
proposed  by  this  Hoose  to  the  bill,  entitled  ^Ad 
act  to  inerease  th»  salaries  of  certain  officers  of 
GoTemment"  wbich  proposes  to  increase  the 
aidarm  of  the  jndgee  of  t*e  Soprtna  Coart  of 
li^a  Uakad  8lales»  und  thejr  agree  to  tke  residue 
tf  fheamebdmeota  of  this  HoM  ta  tha  said  billy 
With,  a  oMiiificatiov,  in  which  thef  also  ask  the 
eoattatf  sMo  of  f  bia  Hoose* 

The  aHModtoCDfc  proposed  by  the  flkvaie  to 
Hre  eif  hf  biUa  albresaid,  were  read  iad  severalty 
cODCiimd  in  by  the  House. 

The  amend pirnts  of  the  Senate  to  the  amead** 
meats  of  this  House  to  the  bill  to  increase  the 
Mlaries  of  certain  officers  of  the  Gortertraient 
kmriag  beaa  lakan  up,  a  motion  was  made  by  Mr. 
BuTLBR  to  postpone  the  whole  subject  indefi- 
Bitelyy  and  decided  in  the  negatiTo^yeas  39,  nays 
56. 

On  the  quesdan  to  concur  in  the  amendment 
of  the  Senate,  ffoing  to  substitute  6,000  for  5,500, 
a«  the  salary  of  the  heads  of  departments,  it  was 
decided  in  the  negatire,  by  a  majority  of  six 
Totes. 

The  House  then  determined  to  insist  oa  its 
amendment  (disagreed  to  by  the  Senate)  for  in- 
oteasiag  the  salaries  of  tha  judges  of  the  Soprettie 
Court  of  the  United  Sutes. 

On  motion  of  Mr.  InohaIC,  tbe  Secreury  of 
the  Tnasury  was  directed  to  report  to  Congress, 
at  their  next  sessioai  what  Amher  improvement 
It  asay  be  pcacticabla  to  make  ia  the  tariff  of  da^ 
ties  awNi  imported  goods,  wnres,  aad  mercbmH 
tflsa,  by  charging  speoifle  dudes  upon  articles 
Ivmk  ara  now  charged  with  duties  ad  valorem. 

On  motiaa  of  Mr.  WiurAHS,  of  Conaeeticut, 
tte  SaofCtary  of  War  waa  directad,  at  an  early 
J  to  report  to  this  House 
'  vesideuca  ci  the  several 
apon  tkm  pcttsion  list,  aader  tha 
•It  of  this  session,  piovidng  for  parsoas  eMagad 
la  tha  land  and  naval  service  of  the  Uaiied  States 
la  tha  itevdutiaaarf  war,  aad  the  sam  allowed 
to  each. 

Oa  motion  of  Mr.  Mooai,  tha  Secretary  of 
War  was  directed,  at  aa  caily  period  of  tha  next 
,!•  raport  to  this  House  the  number  ind 


saeooofoiary  w  fYar  wai 
period  oi  the  aeat  semioa,  i 
the  names  tod  plhces  of  tt 
iatsoaa  placed  aaon  tW  i 


grades  of  the  officers  of  the  present  Army,  where 
■tatiaBadi  iha  ftamber  oa  duty,  aad  those  aa  fur- 
lacMhi  aad  ih^  petiad  of  thett  IMougfaA. 

Tim  aaosa  taak  tip  aad  preaaaded  to  aaaiMet 
tW  bill  fnm  tha  Sehate,  eatkW  '*An  act  Ibr  the 
Mllef of  nitkmi  MTjdHMMi^''  aad  the amaad* 
taeat  depicadi^  on  Sncardair,  at  tha  time  of  ad* 
fuiiHMHmt.  Irfts  r^ad  aad  tefeeied  by  tha  Hduas; 
ittd  the  bfu  ordered  to  be  r^iwl  a  third  time  to* 
dill  whleb  Iras  don^and  the  bBl  passed. 

The  bill  fh>m  the  Senate,  entftled  *An  act  for 
Aa  relief  of  John  Hall,  late  a  major  of  marinesy^ 
was  also  ordered  to  be  read  a  third  time  to^ay; 
HHikh  was  done,  end  the  bill  passed. 

Tha  bill  fbr  trassftrrini  the  daime  in  the  oOae 
of  the  Commisslotter  to  the  Third  Auditor  of  tha 
Treasury  was  ordered  to  be  engroesed  and  read 


a  third  time  to-day;    It  was  subsequently  read  a 
third  time,  and  paaied. 

JUDICIAL  DISTRICTS— PENNSYLVANIA. 

The  bill  fVom  the  Senate  to  divide  the  Stale 
of  Pennsylvania  into  two  judicial  districts,  beii^g 
called,  in  the  order  of  the  day — 

Mr.  HopXiMioif  moved  tl»at  the  bill  be  post- 
poaed  indeinitely,  which  motion  was  opposed  by 
Messrs.  Balowin,  Ivohaic,  aad  Moobk,  aad  ad* 
vocated  by  the  mover,  aad  negatived  by  a  large 
maicrity. 

The  House  then  went  into  Committee  oa  the 
bill,  when  a  debate  of  some  length  took  alace  on 
the  expediency  of  the  measure,  in  whidi  it  was 
earnestly  opposed  by  Mr.  HoPKutaov,  and  as 
eairnestly  suj^tted  by  Mr.  Baldwin. 

Mr.  FoROTTH,  referring  to  the  resolutions  of 
the  Legislature  of  Pennsylvaaia,  reauesting  of 
Congress  the  passage  of  thts  bill,  said  no  thought 
they  asked  nothing  more  than  what  was  reason- 
able and  proper ;  but,  thinking  that  the  object 
nimht  be  sufficiently  attained  in  a  way  somewhat 
dlierent,  much  less  objectionable,  aad  more  ex- 
pedient,  moved,  by  way  of  amendment,  a  subeti- 
tute  for  the  bill,  providing,  substantially,  that  the 
circuit  court  of  Penasylvajiia  be  holden  alter- 
nately at  Philadelphia  and  Pittsburg*— Negatived. 

Mr.  Hovkiaaoit,  after  seme  remarks,  to  show, 
that  there  was  nothing  in  the  duties  of  the  ad- 
ditional jadge,  provided  by  tiie  biU,  to  entitle 
him,  ia  juetic^  to  equal  sMary  with  the  preseat 
jadfC)  HMVed  that,  instead  of  ^1,600,  as  piopMad, 
ha  be  allowed  a  salary  of  $1000.  This  motion 
was  lest  by  a  larjfa  amjority ;  and  the  bill  wfts 
thea  reported,  without  amendmeat,  aad  read  tlM 
third  time,  and  passed. 

CLOSmO  BUSINESS. 

The  House  resolved  itself  into  a  Committee  af 
the  Whole,  oa  the  bill  from  the  Senate,  enUaed 
^*An  act  to  aathadze  the  Secretary  of  the  Ttaasi* 
ury  to  repay  or  remit  eertaia  alien  duties  theseia 
described.  The  bill  was  reported  without  amend- 
ment, read  a  third  time,  and  passed. 

Tha  House  resolved  iteelf  iato  a  Committee  of 
the  Whole  on  the  bill  from  tha  Senate,  entitlad 
"An  act  authorizing  tha  disposal  of  certain  lots 
of  public  ground  in  tha  oitv  of  Now  Orleans  and 
town  of  Mobile."  The  bin  was  reported  without 
aaieadateat,  read  a  third  time,  and  vnatd. 

The  Hoaee  resolved  itself  into  a  Connnittee  of 
the  Whole  on  tha  bill  from  the  Senate,  eatided 
"An  act  to  alter  and  amaad  an  act,  approved  the 
3d  day  of  March,  1817,  entitled  <An  act  to  eemb- 
lish  a  separate  territorial  goveraumat  for  the 
eastern  part  of  the  Mississippi  Territory.' "  The 
bill  was  reported  without  amendment,  read  the 
MtA  thae,  aad  passed. 

The  House  resdved  itself  into  a  Coansittaa  ef 
the  Whole  on  the  b^  from  the  Senate,  eathled 
*<Aa  act  to  increase  the  salaries  of  tha  judges  of 
the  circuit  court  of  the  DiMict  of  Columbia.^ 
Tha  bill  was  reported  without  amaadaaeat,  cead 


a  third  time,  and  passed. 
The  Hoase  resdved  itself 


iato  a  Cofluaitiee  of 


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mSTOBT  OF  OONGRBSa 


IW 


H.opR. 


CUmag  Buiinem* 


ApBiL,  1818* 


the  Whole  on  the  bill  from  the  Senate,  entitled 
"An  act  to  vest  in  trust  oerlain  sections  of  land 
in  the  Legislature  of  the  State  of  Ohio;"  and 
after  some  time  spent  therein,  Mr.  Speaker  re- 
sumed the  Chair,  and  Mr.  Hugh  NsLaoif  re- 
ported the  same  without  amendment. 

Ordered,  That  the  said  bill  lie  on  the  table. 

The  House  resoWed  itself  into  a  Committee  of 
the  Whole  on  the  bill  from  the  Senate,  entitled 
^An  act  respecting  the  surTeyinc  and  sale  of  the 

Enblic  lands  in  the  Alabama  Territory."  The 
ill  was  reported  without  amendment,  read  a 
third  time,  and  passed. 

The  House  resoWed  itself  into  a  Committee  of 
the  Whole  on  the  bill  from  the  Senate,  entitled 
"An  act  to  defray  the  expenses  of  the  militia 
when  marching  to  places  of  rendezvous."  The 
bill  was  reported  without  amendlnent,  read  a 
third  time,  and  passed. 

The  House  resolved  itself  into  a  Committee  of 
the  Whole  on  the  bill  from  the  Senate,  entitled 
"An  act  to  adjust  the  claims  to  lots  in  the  town 
of  Vincennes  and  for  the  sale  of  the  land  appro- 
priated as  a  common  for  the  use  of  the  inhabit- 
ants of  the  said  town."  The  bill  was  reported 
without  amendment,  read  a  third  time,and  passed. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  recede  from  their  disagreement 
to  the  amendment  proposed  by  this  House  to  the 
bill,  entitled  "An  act  to  increase  the  salaries  of 
certain  officers  of  Gbremmentj"  which  increases 
the  salary  of  the  judges  of  the  Supreme  Court  of 
the  United  States,  and  they  insist  on  their  modi- 
fications to  the  residue  of  the  amendments  of  this 
House  to  the  said  bill,  bo  far  as  regards  the  sala- 
ried^ of  the  Secretaries  of  State  and  Treasury. 
And  they  have  passed  bills  of  the  following 
titles,  to  wit :  An  act  supplementary  to  an  act, 
entitled  "An  act  to  regulate  the  collection  of  du- 
ties on  imports  and  tonnage."  passed  the  2d  day 
of  March,  1799:  An  act  for  the  relief  of  Jonathan 
D.  Bssary  and  John  Seybold ;  and  An  act  for  the 
relief  of  James  Mackey,  of  the  Territory  of  Mis- 
souri; with  amendments,  in  which  they  ask  the 
concurrence  of  this  House. 

The  amendments  proposed  by  the  Senate  to 
the  three  bills  aforesaid,  were  read,  and  severally 
concurred  in  by  the  House. 

The  House  took  up,  and  proceeded  to  consider 
the  message  from  the  Senate,  notifying,  that  they 
insist  on  meir  modifications  to  the  amendments 
of  this  House,  to  the  bill,  entitled  "An  act  to  in- 
crease the  salaries  of  certain  officers  of  the  Gk)v- 
emrnent,"  so  far  as  regards  the  salaries  of  the 
Secretaries  of  State  and  Treasury :  when— 

Mr.  LowNDsa.  after  expressing  his  objection  to 
sanctioning  any  longer  the  discrimination  which 
had  heretofore  existed  in  the  salaries  of  the  Heads 
of  Departments,  now  that  the  House  was  called 
opon  to  legislate  on  the  subject,  moved  that  the 
House  adhere  to  its  disagreement  to  the  Senate's 
amendment  to  the  clause  fixing  the  salaries  of 
the  Heads  of  Departments. 

This  motion  was  supported  by  Mr.  Robbrt0on, 
of  Louisiana,  upon  similar  groands ;  and,  after 
an  nnsneoessSfal  motion,  by  Air.  Strothbb,  to 


lay  tJie  bill  on  the  table,  and  one  by  Mr.  Riob» 
to  postpone  it  indefinitely — 

Mr.  Lowndes's  motion  was  agre^  to,  and  the 
Senate  informed  thereof. 

The  following  Message  was  received  from  the 
Prbsident  of  the*  United  States  : 
To  ike  Houee  oflUpreeentativeeofike  UniiedSUOee.- 

I  transmit  to  the  House  of  Representativeg  a  copy 
of  the  rules,  regnlationsy  and  instructions,  for  the  naval 
serviee  of  the  United  States,  prepared  bj  the  Board  of 
Navy  Commissioners,  in  obedience  to  an  act  of  Con- 
gress, passed  the  7th  of  Febnury,  1816,  entided  **An 
act  to  alter  and  amend  the  several  acts  for  establishing 
a  Navj  Department,  bj  adding  thereto  a  Board  a£ 
Commissioners. 

JAMES  MONROE. 

Wasbivotoit,  April  20, 1818. 

The  Message  was  read,  and  ordered  to  lie  on 
the  table. 

A  motion  was  made  by  Mr.  Pindall,  that  tha 
House  do  now  proceed  to  consider  the  amend- 
ment? proposed  by  the  Senate  to  the  bill  entitled 
"An  act  to  provide  for  delivering  qp  persons  held 
to  labor  or  service  in  any  of  the  States  or  Terri- 
tories of  the  United  States,  who  shall  escape  into 
any  other  State  or  Territory." 

And  the  question  being  taken  thereon,  it  was 
determined  m  the  negative. 

The  House  adjourned  until  six  o'clock,  P.  M. 

SIX  o'clock,  p.  m. 

A  message  from  the  Senate  informed  tha 
House  that  the  Senate  have  postponed  natil  Mon* 
day  next,  the  bill  entitled  "An  act  to  inereaae  the 
salaries  of  certain  officers  of  the  Government.^ 
They  have  also  postponed,  until  the  same  day. 
the  bill,  entitled  ^An  aet  to  suspend  the  sales  of 
certaia  lands  in  the  State  of  Louisiana  and  Ter- 
ritorv  of  Missouri ;"  and,  "An  act  for  the  relief 
of  John  Anderson."  And  they  have  passed  bills 
of  this  House  of  the  following  titles,  to  wit :  An 
act  for  changing  the  compensation  of  recaiveta 
and  registers  of  the  land  offices ;  and,  An  sat  t« 
regalateand  fix  the  compensation  of  clerks  in  tha 
different  offices;  with  amendments,  in  which  thef 
ask  the  concurrence  of  this  House. 

The  said  amendments  were  read  and  serenUy 
concurred  in  by  the  House. 

The  following  resolntion  was  submitted  by  Mr* 
Wilkin,  vi2 : 

Beeohedf  bv  the  Senate  ondHmiee  ofRepreaentafipee 
of  the  VtUiea  StaUe  of  Ameriea  m  Congrem  ssstm 
hUt  That  the  somof  two  hundred  dollars,  directed  faj 
a  resolation  of  Congress  of  the  8d  of  November,  I78i^ 
to  be  paid  to  John  Panlding,  one  of  the  virtaons  and 
patriotio  captom  of  Muor  Andre,  Adjutant  General  ei 
the  British  army,  on  his  return  from  the  American 
lines  in  the  character  of  a  spy,  in  the  Revolntionaiy 
war,  be  continued  and  paid  to  the  widow  and  minor 
childrsn  of  the  said  John  Paulding,  or  to  the  sunrivor 
or  survivors  of  them,  for  five  vears^  from  the  19th  of 
February,  1818,  to  be  paid  to  them  half  yearly. 

The  resolution  having  been  read,  it  was,  oa 
motion  of  Mr.  Wilkin,  laid  on  the  table,  who 
observed  that  the  members,  having  their  attenticm 
brought  to  the  subject,  could  bring  with  them  at 


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1781 


HISTORT  OF  CONGRESS. 


1782 


ApKfL,  1818. 


Adjournment. 


ILofR. 


the  n«xt  session  the  public  sentiment  respecting 
this  approprittion  for  the  children  of  the  patriotic 

On  motion  of  Mr.  Williams,  of  Connecticnt, 
the  Committee  of  the  Whole  was  discharged 
from  the  further  consideration  of  the  report  of  the 
select  committee  respecting  the  expenses  incurred 
under  the  4th,  5th,  6th,  and  7th  articles  of  the 
Treaty  of  Ghent,  and  the  House  then  proceeded 
to  consider  said  report,  which  concludes  with 
recommending  the  adoption  of  the  following  res- 
olution : 

Saokfid,  That  the  President  of  the  United  Stotes 
be  xequetted  ta  arrange  with  the  British  Goremment 
some  mode  of  designating  the  boundaiy  line  under  the 
6th  and  7th  artielesof  the  Treaty  of  Ghent,  which  shall 
require  less  time  and  expense  than  the  one  which  the 
Commissioners  haTe  hereMnre  punmed. 

Aftersome  debate,  in  which  Messrs.  Williams, 
of  Connecticut,  and  Pitkin  adrocated  the  adop- 
tion of  the  resolution^  and  Mr.  Oodbn  opposed  it. 
the  question  was  decided  in  the  affirmative,  4md 
the  resolution  agreed  to. 

The  Speaker  laid  before  the  House  a  letter 
from  the  Secreury  of  the  Treasury,  transmitting 
statements  in  relation  to  the  pnmess,  dx.,  in  the 
construction  of  the  Cumberland  road,  in  obedi- 


ence to  a  resolution  of  the  House  of  Representa- 
tires,  of  the  14th  instant. 

A  message  from  the  Senate  informed  the  House 
that  the  Senate  have  passed  the  bill,  entitled  "An 
act  to  alter  and  establish  post  roads,"  with  amend- 
ments, in  which  they  ask  the  concurrence  of  this 
House. 

The  said  amendments  were  read,  and  concurred 
in  by  the  House,  except  the  last,  to  which  they 
disagreed. 

A  message  from  the  Senate  informed  the  HoOse 
that  the  Senate  have  passed  a  resolution  for  the 
appointment  of  a  joint  committee  to  wait  on  the 
President  of  the  United  States,  and  inform  him 
of  the  approaching  recess  of  Congress ;  and  have 
appointed  a  committee  on  their  part. 

The  House  took  up  the  saiu  resolution,  and 
beiuff  read,  it  was  concurred  in  by  the  House; 
and  Mr.  Harrison  and  Mr.  Pitkin  were  appoint- 
ed a  committee,  conformably  thereto,  on  the  part 
of  this  House. 

The  said  committee  having  reported  that  the 
President  had  no  further  communication  to  make 
to  Congress,  the  Speaker  adjourned  the  House 
until  the  third  Monday  in  November  next,  the  day 
fixed  bj  law  for  the  next  meeting  of  the  Congress 
of  the  United  States. 


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APPENDIX 

TO  THE  HISTORY  OF  THE  EIPTEENTH  CONGRESS. 

[PIRST   SESSION.] 

OOimUSING  THE  MOST  IMPOBTANT  iKJCTOENTS  ORIGINATING  DURING  THAT  CON- 
GRE88,  AND  THE  PUBLIC  ACTS  PASSED  BY  IT. 


MJPPRE8SI0N  OF  PIRATICAL  BSTABLISH- 
MENTS. 

[Reported  to  the  Ho«ee,  Januuy  10, 1818«] 

The  Committee  on  Foreign  Relatione,  to  whom 
was  referred  so  mach  of  the  President's  Measage 
as  relates  to  the  illicit  introduction  of  slaves  from 
Amelia  Island,  having  carefully  uikjen  the  matter 
committed  to  them  into  consideration, respectfnlly 
report: 

That,  haring  applied  to  the  Deeaitment  of  State 
£nr  inibrmatioa  vespeoting  the  illicit  iatrodnetimi 
of  slaTea  into  the  United  States,  they  were  m- 
ftnred  bf  the  Seeretafy  of  State  to  the  docnmente 
transmitted  lo  this  House  by  the  President^Mee- 
sage  of  the  15th  of  December  last,  consisting  of 
various  extnets  of  papers  on  the  files  of  the  De- 
partments of  State,  (^  the  Tieasarv,  and  of  the 
Navy,  relative  to  tlie  proceedings  of  eertain  jper- 
soBs  who  took  nossession  of  Amelia  bland  in 
the  Summer  of  tne  past  yen^and  also  relative  to 
a  similar  establishment  pvevioosly  nade  at  Qai- 
vestotti  near  the  month  m'tbe  river  Trinity. 

Upea  a  fall  iavestigttien  4ji  these  papers,  with 
a  "View  to  the  8Qb|ect  committed  to  them,  yoor 
eommittes  are  of  opinion  that  it  is  bat  too  noto- 
rioiis  that  nnmeroas  infraotioss  of  the  law  pro- 
hibtling  the  impoiutioa  of  slaves  into  the  United ; 
Slates  have  been  perpetrated  vritb  impnntty  upon 
oar  Soathem  frontier;  and  they  are  tether  of, 
opinioo  that  steaar  infraetions-wonld  have  be«i 
repeated,  with  ioereasing  activitj^,  withont  the 
tineljr  interposition  of  the  naval  force,  onder  the 
dnvBtion  of  the  Exeevtive  of  oar  Ctoveniment. 

In  the  coorse  of  their  investigation,  yoor  com- 
mitsee  have  foand  it  diflicoh  to  JMep  separate  the 
special  matter  given  into  their  ekaige  from  topics 
of  a 'more  general  nature,  which  are  necessarily 
iocerwoven  therewith;  theytheoatee  crave  the 
•adnlyence  of  the  Hoose  while  they  present  some; 
1  viewe  connected  'With  the  snbjeet,  winch 


>  ieveloped  themselves  in  the  prosecmion  of 
their  inqfoiry. 

It  would  appear,  from  wiiat  can  be  eoHeeted 
from  these  papers,  that  namerom  -violations  of 


oar  laws  have  been  latterly  committed  bva  com- 
bination of  freebooters  ana  smagglers  ox  various 
nations,  who  located  themselves,  in  the  first  lA- 
stance  upon  an  nninhabited  spot,  near  the  menth 
of  the  river  Trinity,  within  the  jnrisdictional 
limits  of  the  United  States,  as  claimed  in  virtue 
of  the  treaty  of  cession  of  Louisiana  by  France. 
This  association  of  persons  organized  a  svstem 
of  plunder  upon  the  high  seas,  directed  cniefly 
agamst  fi^Nunsh  propenjT)  which  consisted  fee- 
quently  oi  ^ves  froiir  tne  coeet  of  A/riea ;  bat 
t\eir  conduct  api>ears  not  always  to  have  been 
r^iukited  by  a  strict  regard  to  the  national  cha- 
racter of  vessels  falling  into  their  hands,  when 
specie,  or  otber  valuable  articles,  fbrmed  part  of 
the  cargo.    Their  vessels  generally  sailed  under 
a  pretended  Mexican  flag,  althoogn  it  does  not 
appear  that  the  esublbhment  at  Qalveston  was 
sanctioned  bv,or  connected  with,  any  otber  Gov- 
ernment.   The  presumption,  too,  of  any  authority 
ever  having  been  given  for  such  an  establishment 
is«troB«ly  Tepelled^  as  wdl  by  its  piratical  chatac- 
ter,  as  its  itinerant  nature ;  for  the  first  position 
at  Galvestco  was  abandoned  on  or  about  the  ^h 
of  April  last,  for  one  near  Bfatagorda,  upon  the 
Spannh  territory;  and  at  a  later  period,  this  last 
was  abandoned  and  a  transfer  made  to  Amelia 
bland,  in  Bast  Florida,  a  post  wbich  had  been 
previously  seized  bv  persons  who  appear  to  have 
been  egually  unaathorized,  and  who  were,  at  tke 
time  of  Iftte  said  transfer,  upon  the  point,  it  is  be- 
lieved, of  abandoning  their  enterprise,  from  the 
fiiilure  of  resources,  which  they  ezpeeled  to  have 
drawn  from  within  our  limits,  in  defianoe  of  our 
laws.    There  exists  on  the  par  t  of  these  sea  rovers 
an  oi^nized  system  of  daring  enterprise,  sup- 
ported by  force  of  arms ;  and  it  is  onlv  by  «  cor- 
respondent system  of  coercion  that  tney  can  be 
met,  and  constrained  to  respect  the  rights  of  pro- 
perty and  the  laws  of  nations.    It  is  deeply  to  be 
regretted  that  practices  of  such  a  eharacter,  within 
our  immediate  neighborhood,  and  even  within 
our  jurisdictional  limits,  shoald  have  prevailed 
aachecked  for  so  loog  a  time ;  the  more  especially 
as  one  of  their  immediate  consequences  was  to 
give  occasion  to  the  illicit  introduction  of  slaves 


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1787 


APPENDIX. 


1T88 


Stm^prmum,  of  Firatical  EHabiiihments. 


from  the  coast  of  Africa  into  thes^  United  States, 
and  thus  to  reTire  a  traffic  repugnant  to  human- 
ity, and  to  ail  sound  principles  of  policT}  as  wall 
as  sererely  punishable  by  the  laws  of  the  Una.. 

By  the  serenth  section  of  the  act  prohibiting 
the  imporution  of  slaves,  passed  in  1807,  the 
President  is  fully  authorised  to  employ  the  naval- 
force  to  cruise  on  anj  part  of  the  United  States, 
or  territories  thereof  where  he  may  judge  at- 
tempts will  be  made  to  violate  the  provisions  of 
that  act,  in  order  to  seize  and  brinj^  in  for  con- 
demnation all  vessels  contravening  its  provisions, 
to  be  proceeded  against  according  to  law. 

By  the  joint  resolution  of  the  Senate  and  House 
of  Representatives,  of  the  15th  of  January^  1811, 
and  the  act  of  the  same  date,  the  President  is  fully 
empowered  to  occupy  any  part  or  the  whole  of 
the  territory  lying  east  of  the  river  Perdido,  and 
south  of  the  State  of  Gkorgia,  in  the  event  of  an 
attempt  to  occupy  the  saia  territory,  or  any  part 
thereof,  by  any  foreign  GK>vernment  or  Power ; 
and  by  the  same  resolution  and  act  he  may  em- 
ploy any  part  of  the  Army  and  Navy  of  the  Uni- 
ted States  which  he  may  deem  necessary  for  the 
purpose  of  taking  possession  of  and  occupying 
the  territory  aforesaid,  and  in  order  to  maintain 
therein  the  authority  of  the  United  States. 

Among  the  avowed  projects  of  the  persons 
who  have  occupied  Amelia  Island  was  that  of 
making  the  conauest  of  East  and  West  Florida, 
professedly  for  the  purpose  of  establishing  there 
an  independent  Government;  and  the  vacant 
lands  in  those  provinces  have  been,  from  the 
origin  of  this  undertaking  down  to  the  latest  pe- 
riod, held  out  as  lures  to  the  cupidity  of  adven- 
turers, and  as  resources  for  defraying  the  expen- 
ses of  the  expedition.  The  greater  part  of  West 
Florida  being  in  actual  possession  of  the  United 
States,  this  project  involved  in  it  designs  of  di- 
rect hostility  against  them ;  and,  as  the  express 
object  of  the  resolution  and  act  of  January  15, 
1811,  was  to  authorize  the  President  to  prevent 
the  province  of  Bast  Florida  from  passing  into 
the  hands  of  any  foreign  Power,  it  became  the 
obvious  duty  of  the  President  to  exercise  the 
authority  vested  in  him  by  that  law.  Jt  does 
not  appear  that  among  these  itinerant  establish- 
.ers  or  republics  and  distributers  of  Florida  lands 
there  is  a  single  individual  inhabitant  of  the 
country  where  the  republic  was  to  be  constituted, 
and  whose  lands  were  to  be  thus  bestowed.  The 
project  was,  therefore,  an  attempt  to  occupy  that 
territory  by  a  foreign  Power.  Where  the  pro- 
fession is  in  such  direct  opposition  to  the  fact ; 
where  the  venerable  forms  by  which  a  free  peo- 
ple constitute  a  frame  of  government  for  them- 
selves are  prostituted  by  a  horde  of  foreign  free- 
booters, for  purposes  ol  olunder;  if;  under  color 
of  authority  from  any  of  the  provinces  contend- 
ing for  their  independence,  the  Floridas,  or  either 
of  them,  had  been  permitted  to  pass  into  the  hands 
of  such  a  Power,  the 'committee  are  persuaded  it 
is  quite  unnecessary  to  point  out  to  the  discern- 
ment of  the  House  the  pernicious  influence 
which  such  a  destiny  of  the  territories  in  ques. 


tion  must  have  haf  upon  the  security,  tranquil- 
lity, and  commerce  of  this  Union. 
.  It  is  a  .matter  of  public  notoriety,  that  two  ef 
die  persons  who  have  successively  held  the  com- 
mand  at  Amelia   Island,   whether  authorized 
themselves  by  any  Qovernment  or  not,  have 
issued  commissions  for  privateers,  as  in  the  name 
of  the  Venezuelan  and  Mexican  Governments, 
to  vessels  fitted  out  in  the  poru  of  the  United 
Sutes,  and  chiefly  nunned  and  officered  by  our 
own  countrymen,  for  the  purpose  of  caAturing 
the  property  of  nations  with  which  the  Unitd 
States  are  at  peace.    One  of  the  objects  of  the 
occupation  of  Amelia  Island,  it  appears,  waa  to 
possess  a  convenient  resort  for  privateers  of  this 
description,  equally  reprobated  by  the  laws  of 
nations,  which  recognise  them  only  under  the 
denomination  of  pirates,  and  by  several  of  the 
treaties  of  the  United  States  with  different  Eu- 
ropean Powers,   which   expressly    denominate 
them  as  such."^    It  was  a^inst  the  subjects  of 
Spain,  one  of  the  Powers  with  which  the  united 
States  have  entered  into  stipulations  prohibiting 
theis  oitizeoa  from  taking  any  commission  from 
any  Power  with  which  she  may  be  at  war,  for 
arming  any  ships  tp  act  as  privateers,  that  these 
vessels   have   oeen    commissioned    to   cruise; 
though,  as  the  committee  have  observed,  no  flag, 
not  even  that  of  our  own  country,  has  proved  a 
protection  from  them. 

The  immediate  tendency  of  suffering  such  ar- 
numents,  in  defiance  of  our  laws,  would  have 
been  to  embroil  the  United  States  with  all  tlie 
nations  whose  commerce  with  our  country  was 
suffering  under  these  depredations,  and  if  not 
checked  by  all  the  means  in  the  power  of  the 
Qovernment  would  have  authorized  claims  from 
the  subjecu  of  foreign  Qovernments  for  indem- 
nities at  the  expense  of  this  nation,  for  capttires 
by  our  people  in  vessels  fitted  out  in  our  porta, 
and,  as  could  not  fail  of  being  alleged,  coonte- 
tenanced  by  the  very  neglect  of  the  necessary 
means  of  suppressing  them. 

The  possession  of  Amelia  Island,  as  a  port  of 
refuge  tor  such  privateera,  and  of  illicit  traffic  in 
the  united  Slates  of  their  prizes,  which  were 
frequently,  as  before  stated,  slave  ships  from 
Africa,  was  a  powerful  encouragement  and  temp- 
tation to  multiply  these  yiolauons  of  our  laws, 
and  made  it  the  duty  of  the  Government  to  use 
all  the  means  in  iu  power  to  restore  the  secority 
of  our  own  commerce,  and  of  that  of  friendly 
nations  upon  our  coastsi  which  could  in  no  other 
way  more  effectually  be  done  than  by  uking  from 
this  piratical  and  smuggling  combination  their 
place  of  refuge. 

In  order,  therefbre,tto  give  full  effect  to  the  in- 
tentions of  the  Legislature,  and  in  pursuance  of 

•  Bee  the  Treaty  of  Peace  with  France,  1778,  art. 
ai,  United  SUtes  Laws,  vol  1,  p.  88;  with  the  Ne- 
therlands, 178S,  art.  19,  toL  1,  p.  162 ;  with  Sweden, 
1783,  art,  38,  toL  1,  p.  190 ;  with  Great  BritaiB,  1794, 
art  21,  ToL  1,  p.  218 ;  with  Prussia,  1786,  art.  lM>,vol. 
1,  p.  288,  and  1797,  art.  20^  p.  258;  with  Spain,  1795, 
ait.  14,  ToL  1,  p.  270. 


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1780 


AWBKDIZ. 


vm 


Suppression  of  PiraHcal  EsUMUkments. 


the  provisions  of  the  above-recited  resolution  and 
acts,  it  became  necessary ,  as  it  appears  to  the 
committee,  to  suppress  all  establishments  of  the 
hostile  nature  of  those  above  described,  made  in 
oor  yicinitf ,  the  objects  of  which  appear  to  have 
been  the  occupation  of  the  Floridas,  the  spoliation 
of  peaceful  commerce  upon  and  near  our  coasts 
by  piratical  privateers,  the  claudestine  importa- 
tion of  goods,  and  the  illicit  introduction  of  slaves 
within  our  limits»  Such  establishments,  if  suf- 
fered to  subsist  and  strengthen,  would  probably 
have  rendered  nugatory  all  provisions  made  by 
law  for  the  exclusion  of  prohibited  persons.  The 
course  pursued  on  this  occasion  will  strongly 
mark  the  feelings  and  intentions  of  our  Qovern- 
ment  npon  the  sreat  question  of  the  slave  trade, 
which  IS  so  justly  considered  by  most  civilized 
nations  as  repugnant  to  justice  and  humanity, 
and  which,  in  our  particular  case,  is  not  less  so 
to  all  the  dictates  of  a  sound  policy. 

Your  committee  anticipate  beneficial  results 
from  the  adoption  of  these  measures  by  the  Ex- 
ecutive, in  the  promotion  of  the  security  of  our 
Southern  frontier  and  its  neighboring  seas,  and 
in  the  diminution  of  the  evasions,  latterly  so  fre- 
quent^ of  our  revenue  and  prohibitory  laws.  The 
experience  of  ten  years  has,  however,  evinced  the 
necessity  of  some  new  regulations  being  adopted, 
in  order  effectually  to  put  a  stop  to  the  further 
introduction  of  slaves  into  the  United  States. 
In  the  act  of  Congress  prohibitinff  this  importa- 
tion, the  policy  ol  giving  the  whole  forfeiture  of 
vessel  and  goods  to  the  United  States,  and  no 
part  thereof  to  the  informer,  may  jostlv  be  doubted. 
This  is  an  oversight  which  should' be  remedied. 
The  act  does,  indeed,  give  a  part  of  the  personal 
penalties  to  tne  informer,  but  these  penalties  are 
y^enerailly  only  nominal,  as  the  persons  engaged 
in  such  traflk  are  usually  poor.  The  omission 
of  the  States  to  pass  acts  to  meet  the  act  of  Con- 
gress, and  to  establish  regulations  in  aid  of  the 
same,  can  only  be  remedied  by  Congress  legisla- 
ting directly  upon  the  subject  themselves,  as  it  is 
clearly  witnin  the  scope  of  their  constitutional 
power  to  do. 

J  The  following  documents  are  extracted  from  those 
ned  to  in  the  aforegoing  report.] 

hetUrfnm  the  Seardary  of  the  Treagury  to  the  Su-^ 
retary  ofstate^  dated 

NOVBMBBR  21, 1817. 
The  Secretary  of  the  Treasury  presents  his  re- 
apaeta  to  the  Secretary  of  State,  and  has  the  honor 
of  tranamitting  to  him  copies  of  the  communica- 
lions  which  have  been  received  at  this  Depart- 
ment concerning  the  occupation  of  Galveston 
•and  Amelia  Island  by  persons  sailing  under  the 
TarioQs  flags  of  the  independent  Governments  of 
North  and  South  America,  late  Spanish  provinces. 

EeBtraets  of  a  Utter  from  Beverly  Phew,  Eeg,,  oMee- 
tor  at  New  Orkmu,  to  Mr,  Crawford,  doted 
August  1, 1817. 
As  it  is  joxxt  wish  that  every  attempt  to  evade 
the  provisions  of  the  existing  laws  should  be 


communicated  to  the  Department,  accompanied 
by  suggestions  of  the  measures  necessary  to  re- 
press the  evil,  I  drem  it  my  duty  to  state  that  the 
most  shameful  violations  of  the  slave  act,  as  well 
as  our  revenue  laws,  continue  to  be  practised, 
with  impunity,  by  a  motley  mixture  of  freeboot- 
ers and  smugglers,  at  Galveston,  uuder  the  Mexi- 
can flag,  and  beinff,  in  reality,  little  else  than  the 
re-esublishment  of  the  Barrataria  band,  removed 
somewhat  more  out  of  the  reach  of  justice;  and, 
unless  the  officers  of  customs  are  provided  with 
more  effectual  means  for  the  enforcement  of  the 
laws,  the  Treasury  must  suffer  incalculably.  To 
give  you  a  more  correct  idea  of  this  establish- 
ment, it  will  be  necessary  to  be  a  little  prolix, 
which  I  beg  you  will  excuse.  Galveston  is  a 
small  island  or  sandbar,  situate  in  the  bay  of  St. 
Bernard,  on  the  coast  of  Texas,  about  ninety 
miles  west  of  Sabine,  within  the  jurisdictional 
limits  claimed  by  the  United  States,  in  virtue  of 
the  cession  of  Louisiana  to  them  by  France. 
The  establishment  was  recently  made  there  by  a 
Commodore  Aury,  with  a  few  small  schooners 
from  Aux  Cayes,  manned,  in  a  great  measure, 
with  refugees  from  Barrataria  and  mulattoet. 
This  establishment  was  reinforced  by  a  few  tnore 
men  from  different  points  of  the  coast  of  Louisi- 
ana, the  most  efficient  part  of  them  being  princi- 
pally mariners,  (Frenchmen  or  Italians,)  who 
have  been  hanging  loose  upon  societv  in  and 
about  New  Orleans,  in  greater  or  smaller  num- 
bers, ever  since  the  breakiog  up  of  the  establish- 
ment at  Barrataria.  Colonel  Perry  commanded 
one  party  of  about  eighty  or  ninety  men  of  this 
new  community,  who  had  been  enlisted  princi- 

elly  as  soldiers  Within  our  jurisdiction ;  and  Mr. 
erarra,  coming  with  a  few  followers  from  New 
Orleans,  brought  up  the  rear;  and  then  announc- 
ed the  establishment  to  the  world  by  a  proclama- 
tion, attested  by  a  Frenchman  by  the  name  of 
Morin,  very  recently  a  bankrupt  auctioneer  in 
New  Orleans,  as  SecreUry  of  State.  From  this 
new  station,  fed  and  drawing  all  its  resources 
from  New  Orleans,  and  keeping  up  a  regular  in- 
telligence, through  a  variety  of  channels,  with 
their  fiiiends  here,  an  active  system  of  plunder 
was  commenced  on  the  high  seas,  chiefly  of  Span- 
ish property,  but  often  without  much  concern  as 
to  the  national  character,  particularly  when  mo- 
ney was  in  question.  The  captures  made  by 
their  numerous  cruisers  (many  owned  by  citizens 
of  the  United  States)  were  condemned  by  a  pre- 
tended court  of  admiralty  there  as  prizes,  and 
the  cargoes  introduced  into  this  State,  principally 
in  a  clandestine  manner.  The  vessels  thus  con- 
demned have  fpenerally  come  here  under  new 
names,  and  with  the  Mexican  flag.  Some  of 
them  have  been  detained  by  the  United  States 
naval  force  for  hovering  in  our  waters,  and  others 
have  been  libelled  for  restitution  by  the  Spanish 
Consul,  in  behalf  of  the  orginal  owners ;  and 
though  several  trials  have  come  on  before  the 
honorable  the  United  States  district  court  for 
the  district  of  Louisiana,  and  the  claimants  have 
never  been  able  to  produce  proof  of  the  Govern- 
ment of  Galveston  having  ever  been  authorized 


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im 


by  the  Mexictn  RcpubUc,  retUtotum  tos  been 
decreed  in  several  instances.  There  is  no  evi- 
dence of  the  establishooeot  having  been  made  or 
ianctioned  bjr,  or  connected  with,  a  Mexican  re- 
public, if  one  be  now  existing ;  and  the  presump- 
tion or  such  an  actual  establishment  under  such 
an  authority  is  sirongly  repelled  by  the  illegal 
and  piratical  character  of  the  establishment,  and 
its  ambulatory  nature.  It  is  not  only  of  very 
recent  origin,  but  is  clothed  with  no  clwracter  of 
permanency  ;  for  it  was  abandoned  about  the  5th 
of  April,  and  transferred  to  Matagorda,  leaving 
at  Galveston  only  an  advice  boat,  to  advertise 
such  privateers  and  prizes  which  might  arrive 
there  of  the  spot  on  which  they  had  fixed  their 
new  residence.  Some  days  aftor  the  abandon- 
ment of  Qalveston.  several  privateers  arrived 
there,  and  among  the  rest  the  General  Artigas, 
eeonmanded  by  one  G.  Champlin,  of  New  York, 
with  two  schooners,  her  prizes,  the  PatronUa. 
with  one  hundred  and  seventy-four  slaves,  and 
the  Enrequita,  with  one  hundred  and  thirteen 
slaves;  and  also  a  Spanish  and  a  Portuguese 
Teasel,  and  the  American  schooner  BveniJigPost, 
•f  New  York,  Calvin  Williams  master,  prizes  to 
iJm    r       ,  Captain  Maurice  Nicholas  Jolly. 

Among  the  most  conspicuous  eharaeters  who 
happened  to  be  th^  at  Galveston  were  many  of 
the  notorious  offenders  againsi  our  laws  who  had 
so  lately  been  indulged  with  a  remission  of  the 
punishment,  who,  so  far  from  gratefully  availing 
themselves  of  the  lenity  of  the  Government  to 
return  to  or  commence  an  orderly  and  honest 
life,  seem  to  have  regarded  its  indulgence  almost 
as  an  encouragement  to  a  renewal  of  their  offen- 
ces. You  will  readily  perceive  I  allude  to  the 
Barratarians,  among  whom  the  Lafittes  may  be 
classed  foremost,  and  most  actively  engaged 
in  the  Galveston  trade,  and  owners  of  several 
cruisers  under  the  Mexican  tag.  Many  of  our 
citizens  are  equally  guilty,  and  are  universally 
known  to  be  owners  of  the  same  kind  of  vessels. 
A  number  of  these  characters  being  at  Galveston 
after  the  abandonment,  readily  saw  the  advant- 
ages that  would  result  in  the  re-establishment  of 
a  Government  at  that  place ;  its  situation,  so  im- 
mediately in  the  vicinity  of  our  settlements,  be- 
isf  much  preferable  to  Matagorda ;  their  views 
bdng  Mitirely  confined  to  introducing  their  cap- 
tures into  this  State.  Accordingly,  a  meeting 
was  called  on  the  15th  of  April,  and  it  was  resolv- 
ed to  re-establish  the  Government ;  and  a  true 
copy  of  their  deliberations  you  have  enclosed.  I 
can  vouch  for  the  correctness  of  the  copy,  having 
received  it  from  a  person  of  undoubteo  veracity. 
And  thus,  without  even  the  semblance  of  au- 
thority from  the  Mexican  Republic,  they  imme- 
diately proceeded  to  condemn  vesseband  cargoes 
as  good  prize:),  and  to  introduce  them  into  this 
port,  and,  among  the  rest,  the  cargo  of  the  Even- 
ing Post  It  was  some  time  before  this  was 
known  here,  great  pains  having  been  taken  to 
keep  it  secret.  Since  it  has  been  known,  I  have 
felt  it  my  duty  to  report  all  vessels  and  cargoes 
which  have  arrived  here  from  Galveston  to  the 
district  attorney,  who  has  had  them  acreeted  ua- 


der  the  Spanish  Treaty ;  but,  owing  to  the  un- 
fortunate absence  of  the  judge,  no  decision  can 
be  had  thereon.    These  steps  of  the  oflEicers  of 
the  port  have  irritated  the  Barratarian  gentle* 
men  and  their  connexions  in  a  high  d^ree ;  and 
representations  filled  with  falsehoods  will  pro- 
baoly  be  made  against  them,  particularly  on  the 
score  of  enmity  to  the  patriouc  cause.    As  well 
might  a  man  be  accused  of  being  an  enemy  to 
personal  liberty  who  arrests  and  confines  a  rob- 
ber, as  that  the  officers  of  the  port  of  New  Or- 
leans should  be  accused  of  being  unfriendly  to 
the  revolution  in  the  Spanish  provinces  because 
they  auempted  to  prevent  a  lawless  establishment 
at  Galveston  from  violating  the  laws.     The 
prizes  made  by  the  privateers  under  the  Mexican 
flag  are  to  a  very  Isurge  amount  of  merchandise, 
such  as  jewelry,  kces,  silks,  linens,  britanniaa, 
muslins,  seersuckers,  calicoes,  dbc.;  all  of  wbicli 
are  repacked  in  small  bales,  of  convenient  size 
for  transportation  on  mules,  and  the|^reatest  nart 
introduced  clandestinely.    Other  articles,  such  as 
iron,  nails,  uUow,  leather,  elass  war&  crockery, 
cordage,  beef,  dbc.,  are  broikht  here  in  their  prizes. 
It  is  stated,  and  universally  believed,  that  Cap* 
tain  Champlin  sold  the  slaves  captured  in  the  Pa- 
tronilaand  Enrequita  to  the  Lafittes,  Sauvinet, 
and  other  speculators  in  this  place,  who  have  or 
will  resell  to  the  planters ;  and  the  tacility  offered 
to  smugglers  by  the  innamemble  inlets  are  too  ob- 
vious, on  a  view  of  the  map,  to  doubt ;  but  thof 
either  are  or  will  be  all  intrcKluced  into  this  State, 
without  the  possibility  of  the  officers  of  the  revenue 
being  able  to  prevent  or  punish  them ;  more  espe- 
cially as  a  great  portion  of  the  population  are  dia- 
posed  to  countenance  them  in  violating  our  laws. 
A  few  days  ago,  information  having  been  given 
that  one  of  our  citizens  had  gone  to  the  W.  with  a 
very  considerable  sum  in  specie,  to  purchase  slaves 
for  himself  and  two  other  planters,  I  determined 
to  make  an  effort  to  arrest  him  on  bis  return,  and 
immediately  purchased  a  fine  boat  on  account  of 
the  Government,  (which  had  been  lately  captured 
by  a  party  I  had  sent  on  Lake  Ponchartnun,  and 
condemned  for  a  violation  of  the  slave  act,)  which 
I  have  sent  under  the  command  of  an  active, 
enterprising  inspector,  with  a  military  guard  of 
twelve  men,  and  am  in  great  hopes  of  his  failing 
in  with  and  capturing  the  party.    I  am  per- 
suaded you  will  approve  ef  ray  not  waHiag  for 
instructions,  at  the  risk  of  seeing  the  laws  vio- 
lated with  impunity  ^  and  I  cannot  but  hope  the 
Government  will  see  the  necessity  of  givug  in- 
structions to  the  naval  force  on  this  statiMi  to 
prevent  the  re-establishment  of  Galveaton ;  othar^ 
wise  the  bay  will  no  longer  be  safe  for  aay  flag. 
Since  they  have  been  denied  shelter  in  Port  an 
Prince,  they  have  no  other  asylum  than  Qalvce* 
ton.    On  the  part  of  these  pirates  we  have  lo 
contend  with,  we  behold  an  extended  and  orgaal- 
zed  system  of  enterprise^  of  ingenuity,  of  uide- 
fatigability.  and.  of  audacity,  favored  by  a  vaiiety 
of  tocal  aavan^es,  awl  supported  always  by 
force  of  arms ;  and,  cmless  they  be  met  by  cor* 
respondent  species  of  resistance,  the  results  of  the 
contest  are  of  very  simple  calculation. 


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APPENDIX. 

Siippret»io»  ^  Piratieat  EttmbUthmenU. 


1791 


Yqv  will,  I  tmst,  8ee  the  necessity  of  either 
frtAting  a  certaiB  number  of  rereoue  cutters,  of 
the  description  I  hare  mentioneil,  or  that  the  na- 
T^  foree  on  this  station  mar  be  enjoined  strictly 
to  pre?ent  these  privateers  from  hoTerin2  in  our 
waters  and  nolating  our  laws.  It  is  a  fact  you 
may  re]y  on,  all  the  cruises  of  these  privateers 
comnenee  and  end  at  this  port ;  the^  enter  in 
distress,  comply  with  the  lorinalities  of  the  law, 
and  if  they  do  not  au^ent  their  force  and  re- 
new their  crews  in  port,  they  do  it  in  our  waters, 
and  it  is  not  in  my  power  to  prereot  if. 

96r.  CheWf  Collector  at  New  Orleans,  to  Mr»  Crawford, 

August  30, 1817. 

Sib  :  In  the  communication  which  I  had  the 
honor  to  make  you,  under  date  of  the  1st  instant, 
I  gave  such  information  respecting  the  establish- 
ment at  Qalveston  as  I  bad  collected ;  since  then, 
the  depositions  of  Bir.  J.  Ducoing  and  V.  Garros, 
(ex-jnoges  of  admiralty  at  that  place,  and  now, 
here,)  have  been  taken ;  aad  I  herewith  transmit 
roa  copies,  which  go  to  substantiate  the  material 
mot  stated  by  me,„and  I  make  no  doubt  but  you 
will  be  satisned  of  the  correctness  of  the  asser« 
tioB,  that  the  establishment  of  Galveston  is  no- 
thing more  or  less  than  one  of  privateersmen, 
withovt  even  the  shadow  of  a  connexion  with  a 
Me^rican  republic,  (if  such  a  republic  exists,)  and, 
as  such,  will  not,  1  raesume,  be  countenanced  by 
the  Gtovemment  of  the  United  States.  It  has 
been  reported  to  me,  and  from  a  source  deserving 
oredit,  that  the  principal  part  of  the  force  from 
Matagorda  and  Soto  de  la  Marina  had  returned 
to  Guuveston,  and  that  two  prizes  with  slaves 
had  recently  arrived—one  a  schooner  with  a  full 
oeiso.  said  to  be  three  hundred, (probably  exafger- 
atea;)  that  a  contagious  fever  having  made  iu 
appearance  among  the  slaves,  the  privateersmen, 
apprehensive  of  its  communicating  to  the  other 
prue,  cut  the  cables  and  sent  the  schooner  adrift 
with  the  unfortunate  beings  on  board.  The  other 
prize,  a  ship  with  four  hundred  slaves,  was  lying 
there ;  and  they  have,  altogether,  about  six  hun* 
dred  and  fifty  slaves  on  hand,  all  of  whom  are 
intended  to  be  introduced  into  this  State. 

The  Uttiud  States  brig  Boxer  has  sent  in  two 
small  schooners,  with  thirty  slaves  on  beard,  cap- 
tnied  in  our  waters;  and  the  deputv  collector  of 
tto  district  of  Teche  writes  me  that  be  has  seized 
fitoeft,  and  was  in  pursuit  of  a  larger  number. 
At  Ibis  moment  I  hate  sent  two  confidential  in- 
spaetors  to  examinethree  planutions  on  this  river, 
near  Baton  Rouge,  information  having  been  given 
mm  that  one  hundred  had  been  purchased  for  the 
three  at  Galveston.  This  activity  had  occasioned 
some  alarm^  and  I  am  informed,  (and  pUce  com- 
plete confidence  in  it,)  that  the  privateersmen. 
aad  others  interested,  have  resolved  to  remove 
the  slaves  to  the  neighborhood  of  the  Sabine, 
bnild  barracks,  and  keep  them  there  during  the 
wtnter.  or  till  the  purchasers  appear,  and  leave 
the  risk  of  introducing  the  slaves  to  the  planters, 
te  eagerness  te  procure  them  will  induce 
\  to  ran  every  hioard.  They  imagine  that, 
15th  CoH.  let  Smi«^57 


fixing  themselves  to  the  west  of  the  Sabine,  they 
will  be  without  the  jurisdiction  of  the  tjnited 
States  \  but  I  trust  they  will  find  their  mistake 
only  when  the  wholejparty  will  be  seized. 

In  addition  to  the  foregoing,^  beff  leave  to  re- 
fer you  to  the  documents  lately  forwarded  by 
Commodore  Patterson  to  the  honorable  Secretary 
of  the  Navy,  with  the  memorial  of  the  most  re- 
spectable merchants  of  this  place,  praying  him  to 
furnish  convoy  to  protect  their  vessels  trading 
with  the  Spanish  ports  from  the  piratical  cruisers, 
who  respect  no  flag  when  specie  is  in  question. 

I  have  lately  sent  an^inspector  of  confidence  to 
examine  La  Fouche,  from  the  Mississippi  to  the^ 
sea,  and  he  reports  it  as  thickly  settled  lor  eighty 
miles  from  the  river ;  has  eight  to  tea  feet  water, 
and  six  feet  on  the  bar  at  the  mouth,  or  en- 
trance into  the  sea.  There  is  no  obstacle  whaM 
ever  to  craft  entering  it  from  the  sea,  and  ascend- 
ing to  the  Mississippi,  and  trading  freely  as  high 
up  as  they  please.  I  mentioned  m  my  last  me 
necessity  of  appointing  an  inspector  for  that  plaeey 
if  you  decide  not  to  have  revenue  cutters  on  this 
station.  I  cannot  but  repeat,  that  I  am  firaaly 
persuaded  the  measure  is  more  necessary  for  thia 
than  any  other  district  in  the  United  States. 
Bartholomew  Lafon,  of  this  place,  who  acted  as 
secretary  to  the  meeting  of  the  15th  April,  (copy 
of  deliberation  forwarded  in  my  last,)  is  men- 
tioned as  the  Governor  of  the  new  establishment 
near  the  Sabine.  Lafitte  is  now  purchasing* 
larffc  quantity  of  provisions,  and  the  first  cargo 
will  soon  sail ;  a  copy  of  the  manifest  will  ac* 
company  this,  or  soon  follow.  These  personsi 
and  a  long  list  of  others  I  could  add  if  necessary^ 
have  no  other  profession,  occupation,  or  mode  of 
livelihood,  than  privateering  and  violating  our 
laws,  and  openly  threaten  revenge  against  any 
officer  of  the  revenue  that  may  molest  or  impede 
their  pursuits.  They  are  now  preparing'a  me- 
morial to  the  Department,  with  the  double  view 
to  misrepresent  the  conduct  of  the  officerrof  the 
port,  and  to  obtain  permission  to  introduce  their 
illegally-captured  property,  under  the  false  pre- 
text that  they  (the  memorialists)  have  made  heavy 
advances;  the  truth  is,  the  only  advances  thej 
allude  to  is  the  equipment  and  fitting  out  priva- 
teers, contrary  to  our  laws.  The  exports  from 
this  place  to  Galveston  and  Matagorda  havecon* 
sisted  principally  of  provisions;  a  cargo  of  arms 
was  sent  some  time  in  the  fall  of  last  year,  which 
has  long  since  been  given  up  as  lost,  and  no  re» 
turn  whatever  can  ever  be  expected  from  the 
Mexican  Government,  from  all  present  appear- 
ances. The  imports  (without  taking  into  con* 
sideration  the  large  amount  of  goods  introduced 
clandestinely)  have  been  very  large,  as  you  will 
ohierve  by  the  enclosed  abstract  of  duties  secured 
at  this  office  on  these  importations. 

I  have  felt  it  my  duty  to  give  you  this  informa- 
tion for  your  correct  understanding  the  nature  of 
the  establishment  at  Galveston,  and  cannot  bnt 
hope  you  will  be  pleased  to  instruct  me  implicitly 
how  to  act.  My  conduct  has  been  governed  by 
a  sense  of  duty,  and  from  a  conviction  of  its  pro* 
priety ;  if  I  have  erred,  I  hope  it  will  be  aacnted 


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1795 


APPENDIX. 


1796 


Suppression  of  Piratical  Establishments, 


to  an  honest  zeal.    I  am,  sir,  your  most  obedient 
servant, 

BEVERLY  CHEW. 

P.  S.  The  brig  with  provisions  and  lumber 
for  the  Winter  quarters  of  the  slaves  attempted 
to  clear  to-da^ ;  but,  owing  to  the  informalitv  of 
her  papers^  it  is  postponed  till  Monday.  I  enclose 
a  list  of  private  armed  Mexican  and  Venezuelan 
vessels  now  in  port. 

iMt  of  Mexican  armed  vessels  now  in  the  port  of 
New  Orleans^  commissioned  by  Aury, 

Bellona,  Dewatre,  6  guns,  55  men;  commis 
tioned  March  4,  1817. 

Calibra,  Deverge,  1  gun,  30  men  ;  commission- 
ed April  4,  1817. 

Diana,  Requete,  6  guns,  40  men ;  commissioned 
Biav  9, 1817. 

Esperanza,  Goits,  2  guns,  18  men ;  commission- 
ed November  24, 1816. 

Mosquito,  Jaret,  7  tons,  17  muskets ;  commis- 
aioDed  June  23,  1817. 

Victory,  Dewatre,  5  guns,  60  men ;  commis- 
iioned  July  5, 1817. 

The  following  commissioned  by  General  Bolivar, 
( Venezuela,) 

General  Arismanda,  Beleriche,  5  guns,  114 
men;  commissioned  May  8,  1816. 

Guerera,  Rustique,  3 guns ;  commissioned  Au- 
gust 20.  1816. 

Hidalgo,  Sauvenet,  1  gun,  50  men ;  commis- 
sioned January  24,  1817. 

Josefina,  duere,  1  gun  ;  commmissioned  May 
19,1816. 

Eugenia,  Lemeson,  3  guns,  60  men ;  just  sailed 
on  a  cruise. 

Mr.  Chew  to  Mr,  Crawf(rrd, 

October  17,  1817. 
Sir  :  My  communications  of  the  1st  and  30th 
of  August  last,  relative  to  the  establishment  at 
Galveston,  and  the  numerous  cruisers  under  the 
Mexican  flag  that  infest  our  waters,  will,  I  trust, 
have  reached  your  hands.  I  deem  it  my  duty  to 
trouble  you  once  more  upon  the  same  subject, 
and  to  enclose  copies  of  additional  testimony  of 
Mr.  John  Ducoing,  late  Judse  of  Admiralty,  and 
of  Mr.  Raymond  Espagnolj  late  Secretary  of 
State,  which  will,  I  trust,  satisfactorily  prove  my 
assurances  of  the  piratical  nature  of  the  estab- 
lishment, and  justify,  in  your  opinion,  the  officers 
of  this  port  in  the  steps  taken  by  them  to  put  an 
end  to  it ;  for  such,  it  appears,  has  been  the  effect 
of  the  measures  adopted  here.  Late  ad  vices  from 
that  place  state  that  Aury  and  Champlin,  with 
their  privateers,  and  prizes  (said  to  be  thirteen 
sail)  evacuated  the  place,  and,  it  is  believed,  they 
have  steered  their  course  for  Amelia  Island.  Be- 
fore their  departure  they  disposed  of  about  three 
hundred  Africans  to  the  agents  of  some  planters 
On  the  river ;  the  remainder  they  have  taken  with 
them.  The  deputy  collector  of  the  district  of 
Teche  writes  me  that  a  large  gang  of  Africans 
r  the  church  of  Attacapat  on  the  night 


of  the  14th  ultimo,  bound  for  the  Mississippi.  He 
heard  of  it  too  late  to  seize  them.  I  have  sent  a 
confidential  agent  to  watch  the  plantations  of  Jo- 
seph Ervf  in,  James  Still,  and  Christopher  Adams; 
it  being  reported  that  the  latter  had  been  to  Gal- 
veston to  purchase  slaves  for  himself  and  the  oth- 
ers. I  received,  a  few  days  ago,  a  letter  from  the 
person  called  Commodore  Aury,  dated  at  sea,  Slst 
July  last,  on  board  the  privateer  Mexican  Con- 
gress, (late  Calypso,  of  Baltimore,)  enclosing  a 
duplicate  of  a  letter  which,  it  appears,  he  had 
thought  proper  to  write  me  on  the  28th  of  the 
same  month,  (the  original  of  which  has  never 
come  to  hand.)  In  this  letter  he  gives  me  a  kind 
of  official  information  that  it  has  Men  determined 
to  abandon  Galveston,  and  that  he  had  taken  with 
him  the  Judge  of  the  Admiralty,  the  collector, 
and  all  his  other  constituted  authorities;  and  that 
whatever  may  be  done  at  the  ])lace,  after  that  date, 
will  be  without  his  approbation  or  consent,  and 
any  clearances,  or  other  official  acts,  at  that  place 
illegal.  I  have  no  doubt,  however,  but  that  a  new 
establishment  will  soon  be  made  there.  The  ad- 
vantages are  too  great  to  be  voluntarily  aban- 
doned by  persons  who  have  so  long  enjoyed  the 
profits.  Early  in  September,  two  vessels,  the 
Carmelite,  belonging  to  B.  Lafon,  and  the  Frank- 
lin, belonging  to  J.  d,  Laforte,  (both  unregistered 
vessels,  formerly  prizes,)  cleared  at  this  office  for 
Laguna,  but  really  bound  to  Galveston,  with  pro- 
visions and  materials  for  erecting  builaings.  On 
their  arrival  they  found  the  place  deserted,  and 
the  Franklin  has  returned  to  this  port  with  her 
outward  cargo.  By  her,  accounts  have  been  re- 
ceived that  the  Carmelite  was  lying  there,  and 
that  Lafitte  (who  had  been  pardoned  for  the 
crimes  committed  at  Barrataria)  and  Lafon  had 
arrived  there,  with  about  forty  other  persons,  and, 
it  is  believed,  intended  to  form  an  establishmenL 
and  will,  no  doubt,  soon  replace  the  judge  ana 
other  authorities  carried  off  by  Aury.  Private 
armed  vessels,  under  the  Mexican  flag,  and  one  or 
two  under  that  of  Venezuela,  continued  to  fre- 
quent this  port,  and  uniformly  report  in  distress^ 
(one  case  only  excepted,)  make  protest,  and  ob- 
uin  a  certificate  from  the  wardens  of  the  port 
that  there  is  necessity  to  unlade  their  armament 
and  heave  down.  They  have  been  thus  admitted 
to  an  entry,  free  of  any  charge  other  than  fees  to 
the  officers  of  the  customs,  under  the  sixtieth 
section  of  the  collection  law.  This  course  seeow 
to  have  been  adopted  by  my  predecessor,  and  has 
been  followed  by  me,  in  compliance  with  the  in- 
structions from  the  Department  of  the  3d  July, 
1815.  These  armed  vessels  being  admitted,  great 
care  has  been  taken  not  to  permit  any  violation 
of  the  acts  of  5ih  June,  1794,  and  3d  March  hiat, 
by  augmenting  their  force  or  enlisting  American 
citizens;  but,  in  defiance  of  every  vigilance  on 
the  part  of  the  officers  of  the  customs,  they  VM^ 
late  the  law,  not  whilst  they  remain  in  port,  b«l 
before  they  leave  our  waters.  Nothing  is  easier, 
when  the  privateer  is  completely  repaired  ana 
ready  for  sea,  than  to  send  both  men  and  guns,  if 
thejr  need  them,  to  Barrataria,  or  any  other  coD- 
1  venient  pUce,  which  the  privateer  repairs  €o^  and 


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17»7 


APPINDDL 


179S 


SMpprmtiam  pf  PiraHad  EitMMmenii. 


takes  them  oa  board,  asd  saik  on  a  eniise  with 
an  auigmeated  foree,  to  eommit  hostilities  against 
the  pertoBs  and  propertf  of  a  nation  with  whom 
the  United  States  are  at  peace. 

It  is  nniTersalljr  reported,  and  beliered,  that 
,  many  of  these  ressels  (nnder  the  Mexican  flag, 
'and  commissiooed  by  Aury)  are  owned  by  per- 
sons resident  here,  and  enjoying  the  pri? ileges  of 
American  citizens.  At  the  end  of  the  cruise  the 
same  farce  is  played  orer  again;  and  it  may 
with  tmth  be  said  that  each  croise  commences 
and  ends  at  this  port.  Attempts  have  been  made 
to  eonnct  them,  bat  as  yet  without  success. 
They  easily  exculpate  themselres.  Witnesses. 
OB  their  part,  are  nerer  difficult  to  be  procured 
in  a  place  where  there  are  a  vast  number  of  peo* 
pie  with  whom  the  solemnity  of  an  oath  has 
little  weight.  This  you  will  beliere  when  I  add 
that  two  witnesses  were  produced  in  tbe  United 
Statea  district  court,  in  the  month  of  May  last, 
.  who  swore  that  GelTcston  was  a  considerable 
and  well-built  town,  with  coffee-houses,  shope, 
Ae.i  and  that  the  then  constituted  authorities 
(DorJer,  Ducoing,  Bspagnol,  dx.)  had  been,  ap- 
pointed and  commissioned  by  Aury.  The  testi- 
mony of  the  two  latter,  as  well  as  many  other 
ncraons  now  here,  will  fully  refute  that  false- 

I  hope  yon  will  be  pleased  to  give  me  some 
instructions  relatire  to  the  cruisers,  that  I  may 
act  in  a  way  to  meet  the  views  of  tbe  Bxeeutive. 

I  have  the  honor  to  be,  Ac. 

BEVERLY  CHEW. 

To  the  Hon.  Dominie  A,  Bail,  judge  of  the  di»iriet 

court  of  the  United  Statee  in  and  fir  the  dietriet  of 

Lomoiahaf 

The  petition  of  Beverly  Chew,  collector  of  the 
district  of  Mississippi,  and  one  of  tbe  officers  of 
the  Dort  of  New  Orleans,  respectfully  showeth 
the  facts  set  forth  in  the  annexed  affidavit,  and 
prays  an  order  pursuant  thereto,  commissioniog 
some  judge  or  justice  of  the  peace  in  the  city  of 
New  Orleans  to  take  the  depositions  of  tbe  skid 
witnesses  in  the  said  cause,  at  such  time  and 
place  as  to  your  honor  shall  seem  meet. 

And,  as  in  doty  bound,  &c. 

BEVERLY  CHEW. 

Signed  and  sworn  to  before  me,  this  6th  day 
of  October,  1817. 

JOHN  NIXON,  /.  P. 

The  VmtedStateiDietriei  Court,  Loumana  diitrict: 

The  United  States,  in  behalf,  d^c,  va.  pargoes 
of  Juana,  Eliza,  Carmelita,  and  Diana. 

The  same,  vs.  brigs  Diana  and  Jnaoa,  schoon- 
ers Eliza  and  Carmelita. 

The  sam^,  vs.  ninety  boxes  soffar. 

The  same,  v$.  sundry  goods,  £c.,  part  of  schr.. 
Mount  Vernon's  cargo. 

Citu  of  New  Orleans,  to  wit  : 

Beverly  Chew,  collector,  one  of  the  officers  of 
the  port  of  New  Orleans,  being  duly  sworo,  de- 
posea  and  says :  That  Raymond  Espagnol  and 


John  Ducoing,  as  this  deponent  is  advised  and 
believes,  are  material  witnesses  on  the  part  of 
the  prosecution  in  the  above  cases,  and  without 
the  benefit  of  whose  testimony  the  trial  on  the 
said  behalf  cannot  5e  safely  proceeded  in  ;  that 
the  said  witnesses  are,  as  this  deponent  is  in- 
formed and  believes,  about  permanently  to  depart 
the  United  States,  and  before,  in  the  common 
course  of  proceeding,  the  said  causes  can  be 
brought  to  trial;  so  that,  unless  a  commission 
issue  for  taking  the  depositions  of  the  said  wit* 
nesses  prior  to  their  intended  departure  from  the 
United  States,  as  aforesaid,  the  prosecution,  he 
apprehends  and  believes,  will  be  deprived  of  the 
evidence  of  the  said  witnesses^ 

BEVERLY  CHEW. 


Additional  testimony  taken  in  sundry  eases  dmend^ 
ing  in  the  United  States  District  Court  for  the 
Louisiana  district,  on  behalf  t^  the  Unitea  States, 
against  sundry  vessels  and  cargoes  from  Oahesion* 
John  Docoing  being  duly  sworn,  the  deponent 
further  says :  That  the  establishment  at  Ualves- 
ton  was  composed,  as  before  stated,  hj  persons  of 
various  nations,  and  that  the  sole  view  and  ob- 
ject of  the  persons  comprising  the  said  establish- 
ment was  to  capture  Spanish  vessels  and  prop- 
ertv,  without  any  idea  of  aiding  the  revolution 
in  Mexico,  or  that  of  any  other  of  the  Spanish 
revolted  colonies,  as  far  as  this  deponent  knows 
and  believes.    And  tbe  deponent  says,  that  dur- 
ing the  time  he  exercised  the  functions  of  judge 
at  Galveston,  he  had  no  knowledge  of  or  belief 
in  the  existence  of  a  Mexican  republic,  or  other 
Government,  independent  of  the  Spanish  Gk)v- 
ernment. 

The  deponent  further  says  that  the  Govern- 
ment eslablished  on  the  15th  day  of  April  had 
no  connexion  whatever  with  any  other  Govern- 
ment, State,  or  people;  that  Galveston  stands  on 
a  small  island,  or  rather  a  small  sandbar,  a  few 
miles  long  and  broad,  and  was  a  desert  when 
taken  possession  of  by  Aury,  known  by  the  name 
of  Snake  island,  without  a  port  or  harbor,  and 
no  buildings,  except  a  few  huts  or  cabins,  proba- 
bly three  or  four,  made  of  boards  and  saib  of 
vessels. 
And  further  this  deponent  saith  not. 

JOHN  DUCOING. 
Sworn  and  subscribed  before  me,  this  7th  day 
of  October,  1817. 

R.  CLAIBORNE,  Clerk. 

Mr.  Raymond  filspagnol,  being  duly  sworn, 
says :  That,  on  the  16th  day  of  March  last,  this 
deponent  went  from  this  place  to  Gkilveston.  in 
the  province  of  Texas,  in  the  brig  Devorador, 
for  the  purpose  of  disposing  of  merchandise* 
Aury  was  acting  as  Gk)vernor.  This  deponent 
accepted  of  no  office  or  employment  under  Aury, 
nor  had  he  any  acquainunce  with  him ;  never 
took  aoy  oath  of  allegiance  to  Aury  }  that,  on 
the  5th  of  April  last.  Aury  and  General  Mina 
abandoned  Galveston,  burned  the  huts  and  cab- 
ins there  were  standing,  aod  left  no  person,  au- 
thorized by  them  or  otherwisCi  to  form  a  Got- 


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IMQ 


Sitppremian  ^Piratical  B^tahiMmmi^ 


«nimeiit.  After  their  departure,  to  wit,  on  the 
I5tb  of  April,  1817,  the  persons  then  at  Galres* 
ton-consisted  of  about  thirty  or  forty  in  number, 
including  sailors,  dx^  six  of  whom  assembled  on 
board  or  the  schooner  Carmelita.  (belonging  to 
Mr.  Bartholomew  Lafbn.  late  ot  New  Orleans, 
and  engineer  in  the  serrice  of  the  United  States.) 
to  wit,  Durier,  John  Daeoing,  Pereneau,  said  B. 
Lafen,  Rousselin,  and  this  deponent,  who  formed 
the  new  Qovernment.  The  proceedings  were 
diKwn  up  and  signed  by  those  present,  by  which 
certain  persons  aforesaid  took  upon  themselves 
offices,  namely : 

Durier,  governor;  John  Docoing,  judge  of  ad- 
miralty: this  deponent,  notary  public  and  secre- 
tarjr;  Pereneau,  major  du  place;  Rousselin, 
collector. 

At  the  meeting  on  the  15th  of  April,  there 
was  no  paper  or  document  produced,  authorizing 
the  sarnie^  or  gtving  them  power  to  form  a  Qov- 


Tho  deponent  further  says  that  the  sole  object 
and  view  of  the  persons  comprising  the  est^>li8h- 
ment  at  Galveston  was,  as  far  as  he  knows  and 
believes,  to  capture  Spanish  property  under  what 
they  called  the  Mexican  flag,  but  without  an  idea 
of  aiding  the  revolution  in  Mexico,  or  that  of 
any  of  the  Spanish  revolted  colonies ;  and  fur- 
ther, ihat  during  the  time  that  this  deponent 
aeted  as  notary  public  and  secretary  to  the  new 
Government  at  Galveston,  he  had  no  knowledge 
or  belief  in  the  existence  of  a  Mexican  republic, 
or  any  Government  in  Mexico,  independent  of 
the  Spanish  authorities;  further,  the  deponent 
says,  that  the  new  Government  established  at 
Galveston  on  the  15th  of  April,  1817^  had  no 
connexion  whatever  with  aoy  other  nation,  state, 
or  people. 

That  Galveston  stands  on  a  small  sandbar,  a 
few  miles  long  and  broad,  and  was  a  desert  when 
taken  possession  of  by  Aury,  known  by  the  name 
of  Snake  island ;  without  a  port  or  harbor,  and 
no  buildings,  except  three  or  four  cabins,  built  of 
boards  and  sails  of  vessels. 

Further,  this  deponent  says,  that  some  time  in 
the  month  of  May  last,  when  some  of  the  mer- 
chandise and  vessels  from  Galveston  were  li- 
belled by  the  Spanish  Consul  in  behalf  of  the 
Spanish  owners,  application  was  made  to  this 
deponent  to  appear  before  the  Honorable  Judge 
Hall,  and  to  prove  that  the  authorities  appointed 
by  the  meeting  at  Galveston,  on  the  5th  of  April 
Is??  ^®'®  appointed  and  commissioned  by  Aury. 
This  application  was  explicitly  suted  to  be  on 
.  behalf  of  those  interested  in  the  Galveston  es- 
Ublishment,  jparticularly  of  Mr.  Bartholomew 
liWon  and  Mr.  J.  Bte.  Laporte,  the  former  of 
whom  was  known  to  be  indebted  to  this  depo- 
nent in  a  sum  often  or  twelve  thousand  dollars; 
this  deponent  refused  informing  the  person  by 
whom  the  application  had  been  made ;  that  if 
the  deponent  appeared,  he  would  tell  the  truth, 
•Jd  should  prove  that  the  persons  forming  the 
WMrernment  (after  the  15th  of  April)  were  not 
Jtmed  by  Aury.  This  deponent  was  not  sum- 
moned as  a  witness,  though  it  was  known  he  was 


in  the  city,  and  has  coBtinued  since  to  rcaida 
here.  The  deponent  says  that  this  is  the  ttmm 
reason  why  he  was  not  summoned  to  appewr  bcN 
fore  the  judge  at  the  lime  when  Messrs.  Rienx 
and  Pereneau  appeared. 

Richard  bspagnol. 

Sworn  and  subscribed  before  me,  this  7th  day 
of  October,  1817. 

R.  CLAIBORNE,  Oerk. 


Extraei^Mr.  MchUmh  to  Mr.  CroMiffotd. 

ThB  RbFUOB,  NBAR  JlPFBRSON, 

Camdbn  County,  Oct.  30, 1817. 

Mt  Dear  Sir  :  The  last  letter  I  had  the  honor 
to  address  you  was  on  the  9th  of  August;  shortly 
after  which  the  public  papers  annoaneed  thi^ 
you  had  left  Washington  on  a  visit  to  Qtorgia. 
A  few  weeks  after,  I  thought  it  not  imprudent  to 
venture  out  to  my  swamp  plantation  on  the  So- 
tillo,  and  since  have  heen  very  little  at  St. 
Blary's.  Since  General  McGrMor  and  the  great- 
er part  of  his  officers  (some  of  whom  wew  moil 
of  respectable  standing  in  the  United  States) 
have  left  Amelia  Island,  there  has  not  been  so 
much  ingenuity  made  use  of  in  misrepresenting 
the  conduct  and  intentions  of  the  invadefs  of 
Bast  Florida ;  and  the  accounts  which  are  pul^ 
lished  of  them  are,  for  the  most  part,  generally 
correct.  The  present  chief.  Commoaore  Aury, 
got  the  command  very  mucn  against  the  iacli- 
nations  of  Sheriff  Hnbbert  and  Colonel  Irwin. 
When  he  arrived  at  Femandina  with  his  squad- 
ron of  privateers  and  prixes,  thev  were  entirely 
without  money.  He  declared  "  that  if  he  gav« 
them  any  aid,  it  must  be  on  the  condition  of 
being  made  commander-in-chief;  and  that,  as 
General  McGregor  never  had  any  commission 
whatever,  the  flag  of  the  Florida  Republic  must 
be  struck,  and  that  of  the  Mexican  hoisted ;  and 
that  Fernandina  should  be  considered  as  a  con- 
quest of  the  Mexican  Republic,  ^under  which  he 
was  commissioned,)  without  its  being  neces- 
sary that  any  other  part  of  the  province  of  East 
Florida  should  be  conquered.^  Hubbert  and 
Irwin  reluctant!]^  agreed  to  the  mortlfving  con- 
dition of  resigning  the  command.  Tney  were 
never  friendl)r  with  the  Commodore,  afnd  en- 
deavored, but  in  vain,  to  gain  over  by  intrigue  a 
part  of  his  men.  Their  own  party  considerably 
increasing  shortly  after,  they  were  several  times 
on  the  poiDt  of  coming  to  open  war  with  Aury 
and  his  followers,  and  under  the  pretence  that 
Aury's  forces  were  composed  ohieoy  of  brigand 
negroes.  A  few  davs  before  Mr.  Hubbcrt's 
death,  (who  was  called  Gk)vernor,  without  hav- 
ing any  power,)  Aury  marched  to  his  quarters 
with  a  body  of  armed  men,  and  obliged  him  to 
make  such  concessions  as  drove  him  to  an  act  of 
intemperance,  which  soon  after  terminated  his 
existence. 

Since  the  death  of  this  gentleman  there  has 
been  little  or  no  disturbance  among  them.  Bat 
it  would  appear  as  if  the  suspicions  of  the  French- 
man did  not  die  with  Hubbert,  as  none  of  his 
privateers  have  yet  left  Femandraa.  • 


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APPSHPEL 

Aippn$rim  ef  Piratkai  EtttblMmantt. 


iset 


Th«  parties  are  desigaaud  as  the  Amerioaa 
and  French ;  and  I  have  heen  assured,  by  indi- 
▼iduals  beloagiag  to  them  both,  that  eaeh  is  anx- 
iously lookiag  for  reinforcements.  Aar^  has  a 
number  of  Frenchmen,  who  were,  it  is  said, 
officers  of  BoiuHMrte.  They  find  it  their  inter- 
est, as  well  as  inclination,  to  support  their  coun- 
trymen. His  ffreat  dependence,  however,  is  on 
about  one  hun£ed  and  thirty  brigand  negroes,  a 
set  of  desperate  bloody  dogs. 

The  American  partv,  which  is  rather  more 
aumerons  than  the  other,  consists  generally  of 
American,  Enfllish,  and  Irish  sailors,  but  now 
has  no  declared  leader.  Irwin  wanto  either  spir- 
it or  popularity  to  assume  that  character.  For 
my  own  part,  I  believe  that,  in  point  of  morals, 
patriotism,  and  intentions,  they  are  exactly  on  a 

Kr.  Aury's  blacks,  however,  make  their  neigh* 
rhood  extremely  danserous  to  a  population 
like  ours ;  and  I  fear  if  they  are  not  expelled 
from  that  place,  some  unhappy  consequences 
oiay  fall  on  our  country.  It  is  said  that  they 
have  declared,  that  if  they  are  in  danger  of  being 
overpowered,  they  will  call  to  their  aid  every 
negro  within  their  reach.  Indeed,  I  am  told  that 
the  language  of  the  slaves  in  Florida  is  already 
such  as  is  extremely  alarming.  The  patriots  at 
Femandioa  had,  aoout  ten  days  ajro,  an  unex- 
pected and  strange  reinforcement.  Twenty  half- 
pajr  British  officeis,  by  the  way  of  Turk's  Island, 
arrived  at  St.  John's  river,  and,  mistaking  it  for 
Amelia,  a  colouel  and  a  couple  of  others  were 
made  prisoners  by  the  Spamards.  The  others 
got  sale  to  Fernandina  i  but,  finding  that  Gen- 
eral Sir  Grej;or  McGregor  had  abandoned  it,  they 
determined  immediately  on  doing  so  too. 


[The  lowing  Message  and  docnments  relating  to 

this  subject  were  communicated  to  Congress,  Jan- 

uaiy  Id,  1818.] 
To  the  Senate  and  Hauee  of 

RepreMtntaHvee  of  the  United  States  .- 

I  hare  the  satisfaction  to  inform  Conffress  that 
the  establishment  at  Amelia  Island  has  been  sup- 
pressed, and  without  the  effusion  of  blood.  The 
papers  which  explain  this  transaction  I  now  lay 
before  Congress. 

By  the  suppression  of  this  establishment,  and 
of  tbai  of  Galveston,  which  will  soon  follow,  if 
it  has  not  already  ceased  to  exist,  there  is  good 
eause  to  believe  that  the  consummation  of  a  pro- 
iect  frftoght  with  much  iojury  to  the' Untied 
i&tates  bas  been  prevented.  When  we  consider 
the  person^  engaged  in  it,  being  adventurers  from 
different  countries,  with  very  few.  if  any,  of  the 
native  inhabitants  of  the  Spanian  colonies;  the 
tenitorf  on  which  the  establishments  were  made, 
one  on  a  portion  of  that  claimed  by  the  Unitea 
States  westward  of  the  Mississippi,  the  other  on 
a  part  of  Bast  Florida,  a  province  in  negotiation 
between  the  United  States  and  Spain;  the  claim 
of  their  leader,  as  announced  by  hts  proclamatioD 
on  taking  possession  of  Amelia  island,  compris- 
ing the  whole  of  both  the  Floridas.  without  ex- 
cqicing  that  part  of  West  Florida  wnieh  is  incor- 


S prated  with  the  State  of  Louisiana ;  their  con* 
uct  while  in  the  possession  of  the  island,  making 
it  instrumental  to  every  species  of  contrabanoL 
and  in  regard  to  slaves  of  the  most  odious  and 
dangerous  character,  it  may  fairly  be  concluded 
that,  if  the  enterprise  had  succeeded  on  the  scale 
on  which  it  was  formed,  much  annoyance  and 
injury  would  have  resulted  from  it  to  the  United 
States. 

Other  circumstances  were  thought  to  be  no  less 
deserving  of  attention.  The  institution  of  a  Qovr 
ernment  by  foreign  adventurers  in  the  island,  dis- 
tinct from  the  colonial  governments  of  Buenos 
Ay  res,  Venezuela,  or  Mexico,  pretending  to  sov- 


the  most  seiious  consequences.  It  wks  the  duty 
of  the  Bxecutive  either  to  extend  to  this  estab* 
lishment  all  the  advantages  of  that  neutrality 
which  the  United  States  had  proclaimed  and 
have  observed  in  favor  of  the  colonies  of  Spain, 
who,  by  the  strength  of  their  own  population 
and  resources,  had  declared  their  iadependence» 
and  were  affording  strong  proof  of  their  abilit]r  to 
maintain  it,  or  of  makin|[  the  discrimination 
which  circumstances  required.  Had  the  first 
course  been  pursued,  we  should  not  only  have 
sanctioned  all  the  unlawful  claims  and  practices 
of  this  pretended  GK)vemmeat  in  regard  to  the 
United  States,  but  have  countenanced  a  system 
of  privateering  in  the  Gulf  of  Mexico  and  else- 
where, the  ill  effects  of  which  might,  and  proba* 
ably  would,  have  been  deeply  and  very  exten- 
sively felt.  The  path  of  cinty  was  plain  Irom 
the  commencement,  but  it  was  painful  to  enter 
upon  it  while  the  obligation  could  be  resisted* 
The  law  of  1811,  lately  published,  and  which  it 
is  therefore  proper  now  to  mention,  was  consid- 
ered applioable  to  the  ease,  from  the  moment  that 
the  proclamatiou  of  the  chief  of  the  enterprise 
was  seen;  and  its  obligation  was  daily  increased 
by  other  considerations  of  high  importance  al- 
ready mentioned,  which  were  deemted  sufficiently 
strong  in  themselves  to  dictate  the  course  which 
has  l;^  pursued. 

Early  intimations  having  been  received  of  the 
dangerous  purposes  of  these  adventurers,  timely 
precautions  were  taken,  by  the  establishment  of 
a  force  near  the  St.  Mary,  to  prevent  their  effisct, 
or  it  is  probable  that  it  would  have  been  more 
sensibly  felt 

To  such  establishments,  made  so  near  to  our 
settlements,  in  the  expectation  of  deriving  aid 
iVom  them^  it  is  particularly  gratifying  to  find 
that  very  little  encouragement  was  given. 

The  example  so  conspicuously  displayed  by 
our  fellow-citizens  that  their  sympathies  cannot 
be  perverted  to  improper  purposes,  but  that  a  love 
of  country,  the  influence  of  moral  principles,  and , 
a  respect  for  the  laws,  are  predominant  with  them, 
is  a  sure  pledge  that  all  the  very  flattering  anti- 
cipations which  have  been  formed  of  the  success 
of  our  institutions  will  be  realized.  This  exam* 
pie  has  proved  that,  if  our  relations  with  foreifn 
Powers  are  to  be  changed,  it  must  be  done  by  tie 


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APPENDIX* 


1804 


Sitppreuum  of  Piratiad  IktabUthmenli. 


eonstitated  authorities,  who  alone,  acting  on  a 
high  responsibility,  are  competent  to  the  pur- 
pose;  and,  until  such  change  is  thus  made,  that 
our  felbw-citizens  will  respect  the  existing  rela- 
tions by  a  faithful  adherence  to  the  laws  which 
secure  them. 

Beliering  that  this  enterprise,  though  under- 
taken  by  persons,  some  AT  whom  may  nave  held 
commissions  from  some  of  the  colonies,  was  un- 
authorized bv  abd  unknown  to  the  colonial  gov- 
ernments, full  confidence  is  entertained  that  it 
will  be  disclaimed  by  them,  and  that  effectual 
measures  will  be  taken  to  prevent  the  abuse  of 
their  authority,  in  all  cases,  to  the  injury  of  the 
United  States. 

For  these  injuries,  especially  those  proceeding 
from  Amelia  Island.  Spain  would  be  responsible, 
if  it  were  not  manifest  that,  although  C9mmitted 
in  the  latter  instance  through  her  territory,  she 
was  utterly  unable  to  prevent  them.  Her  terri- 
tory, however,  ought  not  to  be  made  instrumen- 
tal^ through  her  inability  to  defend  it,  to  purposes 
80  injurious  to  the  United  States.  To  a  country 
over  which  she  fails  to  maintain  her  authority, 
and  which  she  permits  to  be  converted  to  the  an- 
noyance of  her  neighbors,  her  jurisdiction  for  the 
time  necessarily  ceases  to  exist.  The  territory 
of  Spain  will,  nevertheless,  be  respected,  so  far  as 
it  may  be  done  consistently  wiin  the  essential 
interests  and  safety  of  the  United  States.  In  ex- 
pelling these  adventurers  from  these  posts,  it  was 
not  intended  to  make  any  conquest  rrom  Spain, 
or  to  injure,  in  any  decree,  the  cause  of  the  colo- 
nies. Care  will  be  taken  that  no  part  of  the  ter- 
ritory contemplated  by  the  law  or  1811  shall  be 
occupied  by  a  foreign  Qovernment  of  any  kind, 
or  that  injuries  of  the  nature  of  those  complained 
of  shall  be  repeated ;  but  this,  it  is  expected,  will 
be  provided  for,  with  every  other  interest,  in  a 
spirit  of  amity,  in  the  n^otiation  now  depending 
with  the  Qovernment  ofSpain. 

JAMBS  MONROE. 

January  18, 1818. 

From  the  Surttaryof  War  to  the  Prendent  of  the 
Vnited  States. 

Januaby  12, 1818. 

Sir  :  I  have  the  honor  to  transmit  copies  of  the 
orders  which  have  been  ffiven  by  the  acting  Sec- 
reury  of  War  to  Major  Bankhead,  in  relation  to 
taking  possession  of  Amelia  Island,  and.  copies  of 
the  communications  which  have  been  made  to 
this  department  by  that  officer,  which  embrace 
all  the  information  in  my  possession. 

I  have  the  honor  to  be,  &c. 

J.  C.  CALHOUN. 

U.  S.  SHIP  John  Aoams,  off  Amelia, 
December  22, 1817. 
Sir  :  We  have  received  orders  from  our  Qov- 
ernment to  take  possession  of  Amelia  Island,  and 
to  occupy  the  port  of  Fernandina  with  a  part  of 
our  force,  which  will  be  moved  over  as  soon  as 


it  will  be  convenient  for  your  troops  to  evaco- 
ate  it. 

To  avoid  unnecessary  delay,  we  think  proper 
at  this  time  to  inform  you,  in  the  event  of  your 
acquiescence  in  this  demand,  that  you  will  be  at 
liberty  to  depart  with  the  forces  under  your  eom- 
mand,  and  such  propertv  as  belongs  unquestiona- 
blyto  them  will  be  held  sacred. 

YOU  are  to  leave  the  public  property  found  by 
General  McGregor  at  Fernandina  in  the  same 
condition  it  was  uken,  and  the  property  of  the 
inhabitants  of  Amelia  Island  must  be  restored  to 
theni,  where  they  have  been  forcibly  disposseased 
of  it ;  and  no  depredations  on  private  property, 
from  this  period,  will  be  permitted  with  impu- 
nity. 

Should  you.  contrary  to  the  expectations  of  the 
President  of  tne  United  States,  refuse  to  give  ut 
peaceable  possession  of  the  island,  the  conse- 
quences of  resistance  must  rest  with  you. 

We  have  the  honor  to  be,  4bc. 

J.  D.  HBNLBT, 
Commander-trhChitf  U,  &  naval  forctt^ 
^Amdia. 

JAMES  BANKHBAD. 
Major  Ut  Battalion  U.  S.  Army. 

General  Aurt, 
Commander^in-CMtfat  Fernandina,  fc. 

HRADOUARTBRa,  FBRMANniNA, 

Amelia  Aland,  Dec  22, 1817. 

Gbntlsm BN :  I  hare  had  the  honor  to  receive 
your  official  letter  of  this  day.  The  nature  of  its 
contents  requiring  mature  deliberation,  I  have 
submitted  the  same  to  the  Representatives  of  the 
Republic,  and^  as  soon  as  I  shaU  have  obtained 
their  opinion,  it  shall  be  immediately  sent  to  yoo. 

I  can,  however,  state  to  you,  geitlemen,  that 
no  opposition  will  be  made  to  surrender  the  island 
of  Amelia  on  the  part  of  this  GoverameRt. 

I  have  the  honor  to  remain,  &c. 

AURY,  Commander^in'Ckirf. 

Com.  J.  D.  Hbmlbt,  Major  Bankhbad,  dkc. 


HEAOaUARTBRS,  FBRNAHDUlAy 

Amdia  Island,  Dec  22,1817. 

GsNTLBMBN :  I  faave  received  your  official  let- 
ter of  this  day.  by  which,  in  the  name  of  the 
Government  or  the  United  States,  you  snmmom 
us  to  evacuate  this  place  with  the  troone  under 
my  command,  as  possession  thereof  is  to  oe  takeft 
by  the  forces  under  your  commands,  under  cer- 
tain conditions  therein  specified. 

This  Republic,  that  of  Mexico,  nor  any  other 
of  South  America,  being  at  war  with  the  United 
States,  obliges  me  to  state  to  you  that  the  con- 
tents of  your  letter  have  greatly  surprised  this 
Government  and  the  people  of  the  State.  Ton 
have,  nevertheless,  intimated  that,  in  case  of  our 
acquiescence  to  your  demand,  we  shall  be  per- 
mitted to  evacuate  this  island,  which  never  was 
nor  ever  has  been  a  part  of  the  United  States. 
Allow  me,  gentlemen,  to  observe  to  you,  that, 


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APPENDIX. 

Btffretdan  tf  Piratieal  E^abtiOmeKU. 


i8oe 


from  the  moment  we  took  Ferotndiiia  by  the 
fbree  of  our  arms,  we  entered  into  the  fall  pos- 
session of  all  the  rights  appertaining  to  our  ene- 
my, and  that  to  this  day  we  have  supported  these 
righto  at  the  risk  of  our  lives  and  fortunes.  The 
boundaries  of  the  Floridas  and  the  United  States 
haying  been  fairly  settled  by  the  Treaty  of  Friend- 
ship, Limits,  and  Navigation,  on  the  22d  of  Octo- 
ber,  1795,  leaves  us  at  a  loss  to  ascertain  your 
authority  to  interfere  in  our  internal  concerns. 

Our  surprise  increases  when  we  reflect  that 
your  communication  comes  as  authorized  by  the 
Goremm^t  of  a  people  who  glory  in  their  re- 
spect for  the  rights  of  nations,  whether  great  or 
small,  and  who,  no  doubt,  sympathize  and  wish 
success  to  their  southern  brethren  in  the  struggle 
for  liberty  and  independence  in  which  they  are 
engaged,  as  were  the  United  States  forty  years 
ago. 

On  the  other  side,  you  promise  to  hold  sacred 
such  of  our  property  as  unquestionably  belongs 
to  our  citizens.  Who  is  to  be  the  judge  in  this 
case?  The  United  States,  who  can  by  no  means 
claim  any  kind  of  jurisdiction  from  the  source  of 
the  river  St.  Mary's  down  to  the  ocean,  on  this 
side  of  the  centre  of  the  channel.  We  entertain 
too  much  veneration  for  your  Constitution  to 
believe  for  a  moment  that  you,  supposed  already 
in  possession  of  this  island,  which  has  never 
been  ceded  by  the  Kins  of  Spain,  or  by  its  inhab- 
jtants,  to  the  United  States,  can  bring  with  you 
a  competent  tribunal  to  decide  upon  this  ques- 
tion. The  only  law  you  can  aaduce  in  your 
favor  is  that  of  force,  which  is  always  repugnant 
to  repubUean  governments,  and  to  the  principles 
of  a  just  and  impartial  nation.  The  same  obser- 
Tation  may  be  applied  to  your  interference  with 
the  property  of  the  inhabiunts,  which  we  have 
always  respected  and  considered  as  sacred. 

Ton  order  us,  also,  as  if  we  were  subjects  of 
your  Government,  to  leave  behind,  when  Fer- 
nandina  is  evacuated,  all  the  public  property  that 
was  found  at  its  surrender.  This  demand  is 
directly  contrary  to  the  public  rights  by  which 
all  public  propertv  captured  by  the  enemy  is 
avowedly  that  of  the  captors,  when  not  otherwise 
stipulated.  Are  you  acting  in  the  name  of  the 
King  of  Spain,  or  his  allies  ?  As  we  consider 
the  people  of  the  United  States  as  nnquestiona- 
bly  the  only  free^  people  on  the  surface  of  the 
globe,  we  cannot  admit  that  you  have  now  be- 
come the  adherents  of  a  tyrant ;  otherwise,  your 
demand  is  inadmissible  and  unjustifiable  in  the 
eyes  of  the  world ;  and  if  we  must  yield  to  it,  all 
the  Uaoae  rests  with  you. 

Permit  me  therefore,  gentlemen,  to  request  of 
you  to  lay  before  the  President  of  the  United 
States  these  remarks,  in  order  that  a  matter  of  so 
serious  a  tendency  may  be  reconsidered.  We 
have  read  his  Bxcellency's  Message  at  the  open- 
ing of  Congress  with  the  utmost  concern,  and  I 
have  concluded  that  the  political  situation  of  thb 
Republic  has  been  greatly  misrepresented  in  the 
United  Sutes,  through  the  intrigues  of  our  ene- 
mies. We  haye  certainly  a  right  to  be  heard,  for 
which  purpose  I  shall  have  the  honor  of  forward- 


ing to  your  Government  the  necessary  docu- 
ments. If  you  are  not  disposed  to  let  things  r^* 
main  in  ttatu  quo  until  the  President's  further 
determination  be  known,  I  am  authorized  to  as* 
sure  you  that  we  respect  and  esteem  too  highly 
the  people  of  the  United  States  to  carry  matters 
to  extremities.  I  have  the  honor  to  remain,  dte. 
AURY,  Ckmrnander-in-C^^. 

J.  D.  Henley,  E^q^Capt.  U.  9.  Navy. 

James  Bankbbad,  Esq.,  Major  ArtUUry,  f  c. 

U.  S.  SHIP  John  Aoams. 
Off^  Amelia  Aland,  Dee.  23, 1^17. 

Sir  :  We  have  had  the  honor  to  receive  your 
communication  of  the  22d  instant,  and  will 
briefly  remark,  that,  as  officers  in  the  service  of 
the  United  States,  we  are  bound  to  obey  the 
orders  emanating  from  the  authorities  of  o«r 
Government,  without  any  discussion  or  animad- 
version on  our  part  as  to  the  correctness  of  them. 
We  have  been  ordered  by  the  President  of  the 
United  States  to  take  possession  of  Amelia  Island, 
and  as  the  President  has  expressed  his  solicitude 
that  the  effusion  of  blood  may  be  avoided,  if  poe- 
sible,  it  must  be  gratifying  to  us  to  be  informed 
by  you  that  no  resistance  will  be  made  to  us. 

We  will  again  remark,  that  private  property 
will  be  sacred,  and  that  our  orders  extend  only 
to  the  public  property  captured  by  General  Mc- 
Gregor at  Fernandina. 

We  propose  to  land  a  force  to-day,  and  to  hoist 
the  American  flag;  under  that  flag,  no  oppres* 
sion  or  unjust  measures  will  ever  be  witnessed. 
And  we  feel  assured  that  there  will  be  no  diffi^ 
culties  in  the  arrangement  made  by  us. 

The  squadron  will  immediately  sail  into  the 
harbor,  when  the  commanding  officer  of  the  land 
forces  will  wait  on  the  commander-in-chief  to 
make  necessary  arrangements  for  the  landing  of 
the  troops.    We  have  the  honor  to  be,  dbc. 

J.  D.  HENLEY,  Captain,  fc 
J.  BANKHE  AD,  Major,  fc 

Cken,  AuRT,  Commander-in-chief,  ^ 

HBAoauAETBRa,  Fbrnanoina, 
Aland  of  Amelia,  Dec  23, 1817. 
I  have  had  the  honor  to  receive  your  letter  of 
this  date.  I  am  ready  to  surrender  this  place  to 
the  forces  under  your  command,  whenever  you 
may  judge  proper  to  come  and  take  possession 
thereof.    I  have  the  honor  to  be,  dbc. 

AURY. 
J.  D.  Hbnlet,  Esq.,  Captain,  f  c. 
J.  Bankbead,  Esq.j  Major,  fc. 


Department  op  War,  July  17, 1817. 
Sir  :  Circumstances  having  made  it  necessary 
to  occupy,  without  delay.  Point  Petre  and  the 
St.  Mary^s  river,  by  a  military  and  naval  forces 
I  have  to  request  that  you  will  instruct  the  officer 
whom,  in  pursuance  of  the  order  issued  through 
the  Adjutant  General,  yon  may  detail  to  command 
at  Point  Petre,  to  co-operate  with  the  officer 


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ilFPSRDDL 


IMI 


e^^tpiimim  if  Firaiieal  S»i 


40iiimaD4iig  the  naral  force  on  that  station,  in 
mkch  measures  as  may  be  deemed  necessary  for 
ike  preseTTation  of  the  peace  and  tranquillity  of 
Ihat  section  of  the  coantr y,  which  there  is  reason 
10  apprehend  may  be  distarbed  in  consequence 
of  the  contest  between  the  Spanish  royalists  and 
^riots  for  the  occupation  of  the  adjacent  terri- 
tory. The  officer  wiU  also  be  instructed  to  use 
due  Tigilanoe  to  prerent  the  violation  of  the  rev- 
enue  laws  of  the  United  States,  and  in  particular 
to  prerent  the  illicit  introduction  of  slaves  into 
the  United  States;  and.  in  order  to  do  this  the 
more  effectmally,  he  will  prohibit  all  vessels  from 
•nifering  the  river  St.  Marv's. 
I  have  the  honor  to  be,  etc. 

GEORGE-GRAHAM. 

The  Ofpicer  com'd^  at  CharU&tdn,  8.  C. 

BHrad  of  a  Idttrftom  George  Graham,  acting  Sec- 
reAiry  of  War,  to  Major  Jamet  Bankkead,  Charier-' 
Un,  South  Carolina,  dated 

November  12, 1817. 
.  I  am  instructed  by  the  President  to  direct  you 
Co  repair  immediately  to  Point  Petre,  with  the 
effective  force  under  your  command,  leaving  only 
an  officer  and  a  few  men  as  a  suard  at  Forts 
Moultrie  and  Johnson.  Captain  Wilson  has  been 
ordered  to  repair  with  his  company  now  at  Fort 
Johnson,  North  Carolina,  to  Point  Petre ;  and  a 
detachment  of  new  recruits,  under  the  command 
of  Captain  Hook,  who  was  on  his  route  to  join 
the  fourth  infantry,  has  also  been  ordered  to  that 
place.  The  troops  enumerated  above,  and  those 
now  stationed  at  Point  Petre,  will  constitute  a 
(birce  of  more  than  two  hundred  men,  of  which 
vou  will  take  the  command,  until  the  arrival  of 
General  Gaines.  A  remittance  of  five  thousand 
dollars  has  been  made  to  your  battalion  quarter- 
master, whom  you  will  take  with  you ;  and  you 
^iil  make  requisitions  for  the  necessary  supply  of 
provisions  on  the  contractor's  agents.  It  will  be 
advisable  to  take  (tota  Charleston  a  supply  of 
salted  meat,  and  a  sufficient  quantity  of  flour  and 
bard  bread  to  serve  two  hundred  and  fifty  men 
for  thirty  days  at  least. 

Department  of  War,  Nov.  12, 1817. 

Sir  :  It  appearing  to  the  satisfaction  of  the  Pre- 
sident that  tne  persons  who  have  lately  taken 
possession  of  Amelia  Island  have  done  it  without 
the  sanction  of  any  of  the  Spanish  colonies,  or  of 
any  organized  government  whatever,  and  for  pur- 
poses unfriendly  to  and  incompatible  with  the 
interests  of  the  United  States,  he  has  decided  to 
break  up  that  establishment,  and  take  temporary 
possession  of  Amelia  Island.  For  this  purpose, 
the  troops  ordered  to  assemble  at  Point  Petre  will 
co-operate  with  the  naval  force  which  has  been 
ordered  to  St.  Mary's,  under  the  eomoiand  of 
Captain  Henley. 

u  is  the  anxious  wish  of  the  President  that  this 
should  be  accomplished  without  the  effunon  of 
Uood;  and  he  confidently  hopes  that  the  force 
destined  for  the  purpose  will  be  of  such  an  im- 


ppsiof  eharaeur  as  to  iaduee  those  peraou  wbo 
now  nave  the  military  occnpation  of  the  island 
to  abandon  it  without  the  exercise  of  force;  but, 
if  it  should  be  found  to  be  indispensably  neoea* 
sary,  force  must  be  need.  You  will,  therefore, 
immediately  on  the  arrival  of  Captain  fienlny  at 
St.  Mary's,  and  in  conjunctk)n  witk  him,  despatch 
an  officer  to  demand  the  abandonment  of  tlie  isl- 
and by  those  who  now  exercise  anthority  thenL 
and  uike  such  other  measures  as  may  be  doemod 
proper  to  obuin  the  peaceable  possession  of  it ; 
also  for  the  preservation  of  the  property  of  those 
persons  who  were  resident  in  the  islabd  wh«a  it 
was  first  captured  by  General  McGregor.  Shoold 
yonr  demand  for  the  evacuation  (^  Amelia  be 
complied  with,  you  will  then  occupy  with  a  part 
of  your  force  the  position  of  Femanoina,  and  take 
care  that  the  cannon  and  other  implemenia  of 
war  which  belonged  to  the  port,  when  captured 
by  General  McGregor^  are  not  uken  offi 

If  peaceable  possession  of  the  island,  however, 
cannot  be  obtained,  and  it  should  be  the  opinion 
of  Captain  Henley  and  yourself  that  your  joint 
forces  are  not  competent  to  the  prompt  and  cer- 
tain reduction  of  the  naval  aad  military  foreea 
which  may  then  occupy  the  harbor  and  post  ot 
Fernandina,  you  will,  in  that  event,  make  a  reqai«> 
sition  on  General  Floyd,  or  such  other  officer  aa 
may  command  that  division  of  the  militia  of 
Georgia  in  which  Point  Petre  is  situated,  for  a 
force  not  exceeding  five  hundred  men.  to  be  hel^ 
in  readiness  to  march  at  a  moment's  warnings 
and  await  the  arrival  of  General  Gkines,  who  iims 
been  ordered  to  Point  Petre,  for  ulterior  measurea. 

You  will  take  with  you  from  Charleston  the 
necessary  military  stores,  and  snch  heavy  cannon 
as  may  be  required  for  the  reduction  oi^  the  foit 
on  Amelia  Island,  in  the  event  of  resistance^ 

As  no  answer  has  been  received  to  the  com- 
munication addressed  to  you  from  this  Depart- 
ment on  the  17th  July  last,  it  becomes  neceanfj 
to  request  that  the  receipt  of  this  may  be  aekowl- 
edged,  and  that  you  also  advise  this  Department 
roffularly  of  your  movements. 

I  have  the  honor  to  be,  4bc. 

GEORGE  GRAHAM. 

Major  James  Bamchbao, 
Commanding  at  Charkiton^  8,  C. 


Fernandina,  Ameua  IsLANn, 
December  24, 1817. 

Sir:  I  have  the  honor  to  lay  before  yon  the 
correspondence  held  with  General  Aury,  the 
late  commander  of  this  place,  and  to  inform  yon 
that  the  American  fiag  was  raised  here  yesterday 
afternoon. 

Several  days  will  elapse  before  General  Anry 
can  withdraw  his  followers ;  but  I  have  taken 
every  measure  to  insure  tranquillity,  by  ordering 
all  his  black  soldiers  to  be  embarked  on  board  one 
of  the  ships  lying  in  the  port  and  by  not  soier- 
ing  any  person  to  appear  in  t&e  town  with  aroas, 
but  his  officers;  and  the  moment  their  tetaela 
are  prepared  to  receive  the  whole  of  them,  they 
ghall  depart. 


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JiSBSKBtt, 


mk 


€f  MttftonI  B$MMlkmenu. 


Moit  of  Ihe  iibabiUttts  cf  this  plaee,  at  this 
time,  ar€  foliowers  of  Aury,  tnd  tnose  persons 
who  have  been  drawa  here  from  motires  of  spec- 
ulation, who  are,  I  sasptct,  of  that  profligate 
ckaracter  generally  engaged  in  the  violation  or 
evasion  of  our  rerenae  laws.  I  shall,  therefore, 
consult  with  Commodore  Henley,  and  will  en- 
force such  regulations  as  may  be  most  likely  to 
preserve  order  until  I  receive  instructions  from 
the  Government. 

0ntil  this  place  is  completely  evacuated  by 
this  band  of  negroes  and  privateersmen,  I  have 
deemed  it  prudent  to  keep  the  whole  of  my  force 
here*  On  their  departure  I  shall  move  all  but 
one  company  to  Point  Petre.   I  have,  4c. 

-      JAS.  BANKHEAD,  Mafor,  ^c. 

Gbo.  Graham,  Esq.,  Acting  Sec^ry  Navy. 

Fernaiidima,  AircLU  Island, 
December  27, 1817. 

Sia:  I  had  the  honor  to  forward  to  the  War 
Department,  on  the  34th  instant  a  copy  of  the 
eorrespondence  with  General  Aury,  previous  to 
the  landing  of  the  troops  under  mv  command ;  and 
I  herewith  send  a  duplicate  of  the  same. 

Some  difficulty  has  arisen  from  a  want  of  com- 
Ipetant  authority  to  settle  the  disputed  claims  of 
tlw  resMeoto  or  this  place  against  the  late  Gk>v- 
enunent  and  the  followen  of  Aury,  who  do  not 
•ewtn  disposed  to  comply  with  their  engagements. 

One  or  two  vessels  bave  arrived  here  with  car- 
goes, which  the  owners  are  desirous  to  land ;  and 
u  might  be  improper  to  permit  it,  without  obtain- 
ing security  for  the  duties  which  the  laws  of  the 
Uaited  States  require.  And  other  vessels,  loaded 
in  this  port,  have  met  with  some  delay  in  clear- 
ing for  thefir  destination.  But  the  counsel  of 
Graaral  Gaines,  who  arrived  here  last  night,  will 
rtffQiate  my  conduct,  and  will  in  a  great  measure 
reueve  my  anxietv. 

I  bave  been  oblwed  to  exercise  my  authority, 
as  commanding  officer  at  this  place,  to  preserve 
order ;  and  I  am  happy  to  say  that  nothing  un- 
^emaaat  has  occurred.  I  cannot  say  when  Gen- 
eral Amrj  and  his  party  will  sail.  Their  vessels 
are  moon  out  of  order,  and  their  armngements  to 
timt  effect  prepress  but  slowly.  The  morning 
•fter  I  landed,  f  ordered  all  the  black  and  French 
troops  to  be  embarked  on  board  some  of  their 
vessels;  but  the  crews  of  their  pritateers,  and  many 
othsfs  of  all  natious,  whom  it  is  difficult  to  re- 
straiQ  from  violeaoe  and  excess^  are  still  here. 

Until  I  am  hoaoitd  with  your  instructions.  I 
hope  that  the  course  I  may  pursue  may  meet  tne 
approbation  of  the  President. 

Qentvai  Gaines  leaves  this  for  the  western 
frootiar  of  Georgia  the  day  after  to-morrow. 

I  have  the  honor  to  be,  m. 

JAMBS  BANKHEAD, 
Af^agfor,  ^c  comm^g  this  pcirL 

Hon.  the  Seor^tart  or  War. 

Navy  DEPARTmnr,  Jan,  13, 1818. 
Sir:  I  have  the  honor  to  enclose,  herewith, 
copies  of  orders  to  Captain  John  H.  Elton  and 


Commodore  John  D.  Henley,  in  relation  to  Ame^ 
lia  Istand ;  also,  a  letter  from  the  latter  oAcen 
eommunicating  information  of  the  surrender  of 
that  place  to  the  military  and  naval  force  of  tht 
United  States,  together  with  the  correspondence 
which  took  place  on  that  occasion. 

I  have  the  honor  to  be,  idbe. 

B.  W.  CROWNINSHIELD. 

The  Prbsiobnt  of  the  U.  S. 

Navy  Dbparthemt.  July  16, 1817. 

Sir:  Proceed  immediately  with  the  United 
States  brig  Saranac  under  your  command  to  the 
river  St.  fiary's  in  Georgia,  and  inform  the  mili- 
tary commander  of  your  arrival,  and  of  the  ob- 
jects specially  designated  to  you  in  these  orders. 

The  recent  occupation  of  Amelia  Island  by  an 
officer  in  the  service  of  the  Spanish  revolution^ 
ists  occasions  just  apprehensions  that,  from  the 
vicinity  to  the  coast  of  Georgia,  attempts  will  be 
made  to  introduce  slaves  into  tne  United  States 
contrary  to  the  existing  laws,  and  further  attempts 
at  illicit  trade  in  smuggling  goods,  in  violation  of 
our  revenue  laws. 

You  are  hereby  directed  to  detain  and  seatch 
every  vessel,  under  whatever  flag,  which  may 
enter  the  river  St.  Mary's,  or  be  found  hovering 
upon  the  coast  under  suspicious  circumstance^ 
and  seize  everv  vessel  freighted  with  slaves,  or 
whose  doubtful  character  and  situation  shall  in- 
dicate an  intention  of  smuggling. 

In  the  execution  of  these  orders,  you  will  take 
special  care  not  to  interrupt  or  detain  any  vessels 
sailing  with  regular  papers,  and  of  a  national 
character,  upon  lawful  voyages  to  or  from  a  port 
or  ports  of  the  United  States. 

The  traffic  in  slaves  is  intended  to  be  restrained, 
and  in  the  performance  of  this  duty  you  will  ex- 
ercise your  sound  judgment  in  regard  to  all  ves- 
sels you  may  visit. 

Communicate  frequently  to  this  Department 
erery  event  connected  with  this  service;  and  if 
it  shall  be  found  necessary,  a  further  naval  force 
will  be  sent,  either  to  strengthen  your  command, 
or  to  relieve  you,  so  as  to  pui^e  your  original 
destination.  If  you  find  it  necessary,, upon  your 
arrival  at  St.  Mary's,  to  employ  a  good  pilot, 
well  acquainted  with  the  coast,  rivers,  and  in- 
lets, you  are  authorized  to  do  so. 

I  am,  very  respectfully,  &c. 

bT  W.  CROWIflNSHIKLD. 

Capuin  John  H.  Elton, 

Qm^dg  U.  S.  brig  Saranac,  N.  T. 

Navt  Dbpartmrit,  Nov.  14, 1817. 
Sir  :  Having  been  appointed  to  the  command 
of  the  United  States  ship  John  Adams,  you  are 
hereby  ordered,  in  conformity  to  the  wishes  of  the 
President  of  the  United  States,  to  proceed/or/A- 
wUh  to  the  port  of  St.  Mary's,  in  Georgia,  taking 
with  you  the  United  States  brigs  Enterprise  and 
Prometheus,  and  the  schooner Xynx,  if  the  two 
latter  have  arrived  in  New  York,  and  are  in  a 
state  of  readiness  to  accompany  yon ;  but  you 


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APFINDIZ. 

BupprmrioH  tf  PitaHeal  EtlaNulmeiat. 


ISIS 


will  not  procrtstiBata  the  deptrture  of  the  ship 
John  Adams  on  acooant  of  tnese  ressels^  as  any 
of  them  not  fully  prepared  to  proceed  with  yon 
shall  be  ordered  to  join  jron  as  soon  as  praetiea- 
hie  at  St.  Mary's,  at  which  place  you  will  find 
the  United  States  brig  Saranac,  Captain  John  H. 
Elton,  and  gunboat  No.  168^  Lieutenant  Com- 
mandant R.  AleCall;  both  of  which  ressels  will 
act  under  your  orders. 

The  object  of  the  President  of  the  United 
States  in  ordering  this  naval  force  to  St.  Mary's 
if  to  remore  from  Amelia  Island  the  persons  who 
hare  lately  uken  possession  thereof,  and,  as  it  is 
understood  and  beliered,  without  authority  from 
the  colonies,  or  any  organized  Qorernment  what- 
ever, and  to  the  great  annoyance  of  the  United 
States.  It  has  therefore  l>een  determined  that 
these  persons  shall  be  removed  from  that  island, 
and  that  posseuion  shall  be  taken,  for  the  pres- 
ent, by  the  land  and  naval  forces  of  the  United 
States. 

On  your  arrival  at  St.  Mary's,  you  will  con- 
sult with  the  officer  commanoing  the  military 
force,  who  is  instructed  to  co-operate  with  you 
in  the  performance  of  this  service. 

It  b  hoped  that  these  persons  will  withdraw 
without  bloodshed ;  and  you  will,  for  thb  purpose, 
should  your  relative  rank  be  superior  to  that  of 
the  commanding  officer  of  the  land  forces,  make 
known  to  the  chief  commanding  in  Amelia  the 
determination  of  the  Government  of  the  United 
States  to  take  possession  of  the  island ;  and  if  the 
aaid  chief,  ana  the  armed  forces  under  his  com- 
mand, will  peaceably  auit  the  island,  you  will 
Sennit  them  so  to  do^  talung  special  care  that  no 
epredations  be  committed  on  the  inhabitants, 
whom  it  will  be  your  duty  to  protect  from  viola- 
tion or  injury,  either  in  their  persons  or  property. 
Should  the  force,  however,  now  in  command 
of  the  island,  contrary  to  all  expectations,  resist 
and  refuse  aMolutely  to  give  up  and  abandon  the 
same,  you  are,  in  co-operation  with  the  military 
force  of  the  United  BUtes,  to  proceed  and  take 
possession  of  the  island  in  the  name  and  by  the 
authority  of  the  United  States. 

Should  you  fall  in  with,  on  your  way  to  St. 
Mary's,  or  find  in  Amelia,  any  vessels  from  the 
United  States,  armed  and  equipped  by  American 
citizens,  acting  as  privateers,  contrary  to  the 
laws  of  the  United  States,  you  will  capture  such, 
and  send  them  to  Savannah,  in  Georgia,  to  be 
dealt  with  according  to  law. 

You  will  detain  all  prizes,  or  other  vessels  hav- 
ing slaves  on  board,  as  the  presumption  is  strong 
that  they  are  intended  to  be  smuggled  into  the 
United  States.  Yon  will  report,  from  time  to 
time,  to  this  Department  the  operations  of  the 
force  under  your  command. 

I  am,,  very  respectfully,  your  most  obedient 
vervant, 

B.  W.  CROWNINSHEILD. 
Secretary  of  the  Navy. 
Commodore  J.  D.  Hbnlet. 

P.  S.  These  orders  are  not  to  be  delivered  to 
any  person. 


U.  S.  8BIP  John  Abaim,  otp  Amilul, 
December  U^lBll. 

Sir  :  I  have  the  honor  to  transmit  a  copy  of 
the  correspondence  with  General  Aury,  late  com-  | 
mander  of  this  place,  and  to  inform  you  that  the 
American  flaff  was  yesterday  hoistea  at  Feman- 
dina,  and  the  Island  of  Amdia  Uken  possession 
of  by  the  land  forces  under  Major  Bankhead,  of 
the  United  States  artillery. 

The  black  troops  of  Gkneral  Aury  have  been 
embarked  on  board  one  of  their  ships  lying  in  the 
port,  and  the  remainder  of  his  followers  will  be 
sent  off  the  island  as  soon  as  the  necessary  ar^ 
rangement  can  be  made  for  the  purpose.  They 
are  now  engaged  in  watering  their  ships,  and  in 
the  course  of  a  week  I  hope  to  see  aU  of  thena 
over  the  bar. 

Most  of  the  respectable  inhabitants  of  this  place 
retired  on  iu  capture  by  McGregor,  and  those 
now  here  are  principally  adventurers,  who  have 
been  attracted  by  motives  of  speculation,  and,  as 
I  suspect,  and  have  every  reason  to  believe,  been 
engaged  in  the  violation  of  the  revenue  laws :  to 
prevent  which  in  future,  such  precautions  will  be 
uken  as  are  within  my  power,  and  whieh  willi 
I  presume,  be  adequau  to  the  purpose. 

I  have  not  yet  been  able  to  ezamme  the  ship, and 
therefore  can  give  you  but  little  farther  informar 
tion  than  was  contained  in  my  last  communication* 
The  leaks  (the  principal  of  which  is  about  two 
feet  under  water^  still  continue,  so  that  we  make 
twenty  inches  of^waUr  per  hour— and  this  lying 
in  port.  We  are  obliged  to  examine  the  nMga* 
zine  twice  a  day,  to  clear  it  of  the  water.  I  shall 
land  all  the  powder  immediauly,  to  prevent  any 
further  damage.  The  bread,  except  a  very  small 
quantity,  is  entirely  ruined,  and  unfit  for  use.  I 
shall  order  a  survey  to  ascertain  the  exact  qnan* 
tity  of  stores  damaged,  and  inform  you  as  early 
as  circumstances  will  admit. 

I  shall  also  inform  you  by  the  next  mail  (which 
leaves  Su  Mary's  on  Saturday  next)  more  par* 
ticularly  of  the  sUU  of  the  ship  than  has  hereto* 
fore  been  in  my  power ;  the  object  of  the  expedt* 
tion  not  having  been  effected,  rendering  it  impcae* 
ticaUe  to  examine  her  thoroughly.  Iam,howevei^ 
entirely  convinced,  in  my  own  mind,  that  the  bat- 
tery  now  on  the  ship  is  too  heavy  for  her  $  so 
much  so,  that  I  shonla  deem  her  unsafe  for  along 
cruise.    I  have  the  honor  to  be.  dbc. 

J.  D.  HENLEY. 

Hon.  B.  W.  CR0wviN8B»Ln. 

Secretary  rf  the  Navy. 

U.  S.  8BIP  John  Aoams,  off  Amelia, 
December  30, 1817. 

Sir  :  Since  my  arrival  here.  I  have  been  so 
much  engaj^ed  that  I  have  not  had  one  moment 
to  write  to  my  friends.  You,  no  doubt,  however, 
have  some  idea  of  my  situation,  and  from  mj 
official  reporu,  know  that  the  American  flag  is 
now  flying  on  Amelia  Island.  As  there  are  maoT 
novel  cases  which  must  present  themselves,  I 
should  have  been  better  pleased  had  my  instruc* 


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181S 


APPENDIX. 


18U 


httpriaonmmt  of  R.  W.  Meade. 


tioDt  been  full ;  bat  wt  are  now  left  to  act  as 
eireamstanees  may  require,  and  1  am  fearful  that 
Aury  and  hit  followers  will  gire  as  mach  trouble 
before  they  quit  the  island.  I  am  sorry  to  add 
that  the  Americans  appear  to  be  much  worse 
than  any  others.  Should  we  be  able  to  set 
throng h  thb  business,  so  as  to  meet  the  approba- 
tion of  the  Department,  I  shall  feel  much  grat- 
ified ;  but  I  trust,  should  I  err  in  any  steps  that  I 
may  take,  that  it  will  be  considered  by  the  Pres- 
ident as  an  error  of  judgment :  for  I  do  assure 
you  that  nothing  would  be  so  pleasing  to  me  as 
to  have  my  conduct  here  approved  by  the  Eze- 
entiye".  I  hare  endeaTored  to  keep  as  close  to 
the  letter  of  my  instructions  as  possible,  and  have 
avoided  every  difficulty  that  I  possibly  could.  I 
regret  very  much  the  difficulty  of  communicatina 
with  the  Qovernment.  We  have  only  one  mail 
per  week,  and  that  does  not  remain  in  St.  Mary's 
long  enough  to  enable  us  to  answer  letters  that 
we  may  receive  by  it. 

The  situation  of  mv  ships  you  are  no  doubt 
aeqnaiated  with,  as  I  have  written  several  times 
to  Che  Secretary  on  that  subject.  I,  however,  do 
not  wish  to  leave  this  place  until  everything  is 
settled,  and  the  Qovernment  have  established 
tome  kind  of  j^lice  for  the  better  government  of 
this  place,  which,  I  am  in  hopes,  will  take  place 
ere  long.  I  am  fearful  that  Aury  expects  that 
the  American  Government  will  relinquish  Ame- 
lia, which  impression  will  retard  his  departure. 

I  have,  dbc.  J.  D.  HBNLBT. 

Hon.  B.  W.  Crowiunbhibld, 

Exiraeijrom  the  amUulation  of  the  Island  of  AmeUot 
doled  at  Femanainaf  June  29,  1817,  and  signed  by 
JPhmdeeo  Moraka  and  Joseph  de  Yribarrenf  atlesM 
hy  B.  Segin,  and  approved  by  Gregor  MeOregor. 

''Brigadier  General  McGregor,  Commander- 
in-Chief  of  all  the  forces,  both  naval  and  military, 
destined  to  effect  the  independence  of  the  Flor- 
idaS|  dulv  authorized  by  the  constituted  author- 
ities of  the  Republics  of  Mexico,  Buenos  Ayres, 
New  Grenada,  and  Venezuela,  offers  to  Don 
Francisco  Morales,  Ccunian  del  re^mienlo  de 
CiibcL  and  commandant  civil  and  military  of  the 
Island  of  Amelia,  the  following  terms,"  »c. 

Extrtut  f[Ofn  a  pfo^amaHon  of  Cfregot  MeCfregor 
doled  Headqw^lerSf  Amelia  Jsland,  June  30, 1817, 
and  signed  Owor  MeOregor,  attested  by  Joseph 
Yrikarrtttf  Setraary* 

PROCLAMATION. 

*^  Qregor  McGregor,  Bri^dier  General  of  the 
armies  of  the  United  Provinces  of  New  Grenada 
and  Venezuela,  and  General*in*chief  of  thearmies 
of  the  two  Floridas,  commissioned  by  the  Su- 
preme Directors  of  Mexico,  South  America,"  dbc. 

Bxirmei  from  an  address  of  Oregor  MeOregor,  dated 
at  Headquarters^  San  femandina,  July  I,  1817, 
and  signed  Oregor  MeOkegor,  and  attested  by  Jos, 
Yribarren» 

*'  Oregor  McGregor,  General  of  Brigade  to  the 


armies  of  the  United  Provinces  of  New  Grenada 
and  Venezuela,  and  General-in-chief  of  that  des- 
tined to  both  the  Floridas,  with  con^mission  from 
the  Supreme  Governments  of  Mexico  and  South 
America,"  dbc. 

"  In  the  name  of  the  independent  Governments 
of  South  America,  which  I  have  the  honor  to 
represent.  I  thank  you  for  this  first  proof  of  your 
ardor  and  devotion  to  her  cause ;  and  I  trust  that 
impelled  by  the  same  noble  principles,  you  will 
soon  be  able  to  free  the  whole  of  the  Floridas 
from  tyranny  and  oppression." 


IMPRISONMENT  OF  R.  W.  MEADE. 

[Communicated  to  the  House,  Jannaiy  20,  1818.] 
To  the  House  of  Representatiees 

of  the  Vhited  States." 
In  compliance  with  a  resolution  of  the  House 
of  Representatives  of  the  23d  of  December  last, 
requesting  information  relative  to  the  imprison- 
ment and  detention  in  confinement  of  Richard 
W.  Meade,  a  citizen  of  the  United  States,  I  now 
transmit  to  the  House  a  report  from  the  Secretary 
of  State  containing  the  information  required. 
January  29, 1818. 

JAMBS  MONROE. 

DfiPARTMENT  OF  StATE,  JoUL  28,1816. 

The  Secretary  of  State,  to  whom  was  referred 
the  resolution  of  the  House  of  Representatives  of 
the  23d  of  December  last,  requesting  the  President 
to  cause  to  be  laid  before  the  House  any  informa- 
tion he  may  be  able  to  communicate  relative  to 
the  imprisonment  and  detention  in  confinement 
of  Ricnard  W.  Meade,  a  citizen  of  the  0nited 
States,  has  the  honor  oi  submitting  to  the  Presi- 
dent the  accompanying  papers  received  at  the  de- 
partment on  that  subject,  with  a  letter  addressed 
to  the  Minister  of  Spain,  residing  here,  since  the 
resolution  of  the  House,  and  the  answer  received 
from  him. 

JOHN  aUINCT  ADAMS. 


[Correspondence  concerning  Richsrd  W.Meade, com- 
municated to  the  Department  of  State  by  Mr. 
Erring.] 

No.l. 
Mr.  Erving  to  Mr.  Monroe* 

Madrid,  September  28, 1816. 
Sir:  Perceivinff  by  the  public  papers  that  the 
case  of  R.  W.  Meade,  a  citizen  of  the  United 
States,  for  many  years  esubiished  at  Cadiz  in 
commerce,  and  now  suffering  in  prison  by  order 
of  this  Qovernment,  has  excited  considerable  sen- 
sation in  America,  it  seems  to  be  proper  (hat  I 
should  submit  to  you  my  correspondence  with 
Mr.  Cevallos  on  this  subject. 

I  have  herewith  the  honor  to  enclose  my  note 
to  that  Minister  of  August  27th,  his  reply  of  Sep- 
tember 10th,  and  my  further  note  of  September 


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ISIS 


AFPUiSIX. 


ISII 


i6tii.    To  this  ImC  I  hare  not  yet  reoeived  an 
answer.  J  kave  the  honor  to  be,  4be^ 

GEORGE  W.  BRVING. 

No.  2. 

M^,  Erving  to  hU  BxeeUency  Don  Pedro  Cemliot, 

FirH  Minuter  of  Staie,  ^e. 

Madrid,  Augutt  27, 1810. 

Sib:  It  is  my  duty  to  recall  the  attention  of 
His  Majesty's  Goremment  to  the  case  of  Rich- 
ard W.  Meade,  a  citizen  of  the  United  States, 
who  is  imprisoned  by  the  authorities  at  Cadiz, 
ander  semblance  of  law  and  of  His  Majesty's 
authority,  but,  as  must  be  presumed,  against  his 
will,  and,  as  can  be  substantiated,  against  his  or- 
ders issued  on  the  10th  August,  1815. 

A  particular  statement  of  circumstances  of  the 
case  was  transmitted  to  your  Excellency  by  the 
Secretary  of  this  ](jegation,  in  a  note  of  July  8th 
last;  it  is,  therefore,  needless  that  I  should  now 
recite  them. 

I  propose  to  refer  to  your  documents  only,  each 
of  them  of  principal  imporunce,  and  which,  taken 
in  their  connexion,  point  oat  most  distinctly  and 
indisputably  the  illegality  of  the  proceedings 
apainst  Mr.  Meade,  and  the  course  which  con- 
sistencT,  as  well  as  justice,  requires  to  be  now 
taken  tor  his  relief. 

^e  documents  to  which  I  refer,  and  copies  of 
which  are  herewith  enclosed,  are,  viz : 

No.  1.  An  order  of  the  Consulado  of  Cadiz, 
dated  February  18, 1814,  directing  Meade  to  de- 
posite  in  the  office  of  the  Treasury  General  of 
the  province  a  certain  sum  of  money,  respectiog 
which  a  process  was  then  pending  in  the  said 
Consulado. 

No.  2.  The  receipt  of  the  Intendant  of  the 
Treasury  for  the  deposite  made  by  Meade,  pur- 
suant to  the  order  of  the  Consulado. 

No.  3.  The  reply  of  the  Intendant  of  the  Con- 
sulado. when  that  tribunal  inquired  as  to  the  na- 
ture or  the  deposite  made. 

No.  4.  A  royal  decree  of  August  10, 1815,  sus- 
pending the  further  proceedinffs  of  the  Consulado, 
till  the  Treasury  should  be  Me  to  collect  funds 
for  the  purpose  of  restoring  the  sum  deposited  by 
Meade. 

It  is  not  my  intention,  for  it  would  be  alto- 
gether useless,  to  enter  intoa  histonr  of  the  origi- 
nal transactions  upon  which,  flnally,  a  suit  was 
brouffbl  before  the  Consuladq  of  Cadiz  against 
BIr.  Meade,  and  is  now  continued  in  the  name  of 
Mr.  John  McDermot. 

Meade  always  held  the  monevs  in  question,  to 
be  paid  over  in  l^gal  form  as  the  competent  au- 
thorities should  direct. 

Yoor  Excellency  will,  I  am  persuaded,  now 
examine  the  affitir  with  impartiality,  and  free 
from  the  impressions  nnfarorable  to  this  Ameri- 
can with  which  it  has  been  attempted  to  pre- 
ooovpv  your  judgment.  If  it  were  my  duty,  on 
the  other  hand,  to  state  what  ouj^ht  to  be  his  per- 
sonal merits  in  the  view  of  this  Government,  I 
•hoald  dwell  upon  the  very  extensive  and  im- 
poviant  services  which,  as  a  mereliant  and  a  capi- 


talist, he  rendered  to  Spain  in  the  crisb  of  hmt 
aflBurs  the  most  trying  and  difficult.  It  oogkt 
surely  to  be  known  to  your  Excellency  that  Imt 
contributed  most  essentully  to  the  cause  of  tine 
country,  by  givinff  large  crediu  to  its  oeoasioMl 
Governments,  and  that  for  these  servieee  ha  is 
not  yet  reimbursed.  But  I  have  not  to  ask  any 
favor  for  him.  I  desire  but  strict  and  impartial 
justice;  and  I  found  my  claim  to  his  iramediale 
release  from  prison  on  the  acts  of  the  Govern- 
ment in  whose  name,  and  of  the  very  tribnnal  by 
which,  he  is  now  imprisoned. 

By  the  first  two  of  the  enclosed  docoraantSi 
your  Excellency  will  perceive  that  Mr.  Meadhs. 
submitting  to  the  orders  of  the  Consulado,  paid 
the  amount  of  the  moneys  in  suit  into  the  Treaa- 
ury  of  the  province.  The  payment  is  said  la 
have  been  effected  in  *'  libramientos,"  or  receipts 
for  libramientos  of  the  Treasury  General,  or  in- 
tendant; credits  of  Meade  with  the  Treasury, 
which  were  payable  in  specie,  and  which  were 
to  be  paid  in  specie  within  a  few  days.  The  In- 
tendant, therefore,  readily  gave  to  Meade  the  re- 
ceipt (No.  2)  for  a  deposite  in  specie,  the  libim* 
mientos  being  cancelled,  and  pasted  to  the  seve- 
ral accounts  to  which  they  belonged.  Tkoa, 
therefore,  every  legal  and  formal  requisite  beinff 
complied  with,  Meade  was  exonerated  from  aU 
responsibility;  and,  to  make  his  irrespoasibility 
still  more  perfect,  if  that  were  possible,  the  In- 
tendant wrote  to  the  Consulado,  (No.  3.)  stating 
expressly  that  the  deposite  had  been  made  in  spe- 
cie, and  that  he  woukl  reapond  to  the  Considado 
for  specie. 

After  such  conclusive  proceedings,  it  would 
seem  impossible  that  Mr.  Meade  could  be  again 
questioned  by  the  tribunal  in  the  same  matter. 

Was  the  tribunal  wrong  in  ordering  him  to 
make  the  deposite?  Sibi  iwiputent-Aei  it  answer 
for  its  dwn  errors.  Was  the  Intendant  culpable 
in  receiving  the  libramientos  as  specie  ?  He  is 
then  to  be  censured.  But  he  has  expressly  OMide 
himself  responsible  to  the  Consulado  for  specie ; 
let  him  then  be  held  to  that  responsibility.  These 
may  be  questions  between  the  Government  an4 
its  officers,  but  it  is  certainljr  highly  unjust  Hmc 
an  individual  should  be  sacrificed  to  repair  their 
errors.  Will  it  be  said  that  the  libramientos  de- 
livered to  the  Treasury,  and  credited  to  Meade  as 
cash,  and  held  bv  the  Treasury  in  deposite,  and 
promised  by  the  Intendant  to  be  paid  over  as  cash, 
are  not,  in  &ct,  equivalent  to  cash  7  Certainly 
not.  The  Government  will  not  pass  this  eon- 
demnation  on  its  own  securities.  But  if  the  con- 
trary supposition  were  admissible,  even  then  Mr. 
Meade  remains  exempt  from  all  responsibility; 
for  the  libramientos  in  question  have  been  alreaoy 
passed  into  account,  as  paid  in  specie,  and  have 
been  cancelled  by  the  office  who  had  the  com- 
petent authoritv  to  do  so.  Nevertheless,  the  Con* 
sulado,  which,  by  its  own  act,  had  precluded  itself 
from  all  further  jurisdiction  over  Mr.  Meade  in 
this  matter,  still  pereisted  in  its  preoess  againat 
him,  and  decreed  that  he  sliovld  pay  over  te  ihat 
tribunal  the  sum  which  he  had  previoesly  de- 
posited, by  its  own  order,  in   Uie    Treasury. 


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1817 


AFFEZ^IX« 


ISIS 


hmpHmmmem  cf  R.  W.  Mtad&. 


Agafnsi  this  ia  jastice,  Mr.  Meade  appealed  to  the 
mperier  trihuDal  of  the  proyinee ;  hot  its  iater- 
ferenee  was  oremiled  hy  the  tribunal  of  war  at 
Madrid;  and  this  latter  confirmed  the  sentence 
ef  the  Consolado  of  Cadiz. 

Mr.  Meade  was  then  obliged  to  resort  to  the 
MTereign.  who  had  issued  the  decree  of  August 
10, 1815. '  This  decree  is,  in  all  its  parts,  perfectly 
Just.  It  suspends  the  proceeding  of  the  Con* 
sulado  against  Meade,  and  acknowledges  the  ta- 
lidity  or  the  deposite  made,  by  directing  as  it 
were  funds  to  be  collected  for  effecting  the  return 
of  the  money  by  the  Intendant,  to  the  end  that  it 
might  be  paid  into  the  Consulado ;  and  that,  in 
the  meantime^  till  funds  be  collected  for  the  pur^ 
pose  of  effecting  the  return  of  this  deposite,  the 
tribunal  ^f  commerce  shall  suspend  all  proceed- 
ings against  Meade,  dbc. 

Of  this  decree  neither  party  can  complain; 
howj  then,  has  it  been  rerersed  1  If  there  has 
been  any  delay  in  the  payment  to  be  made  by  the 
Treasury,  that  is  not  Aleade's  fault;  the  decree  is 
illimited;  it  orders  all  proceedings  against  him 
10  be  suspended  till  that  object  be  effected. 

It  is  not  my  purpose  to  call  into  question  the 
toecice  of  Mr.  McDermot's  demand,  or  to  blaine 
any  of  his  proceedings;  but  what  I  state  with 
eonidence  is,  that  his  claim  is  now  properly  on 
the  Treasury  or  Intendant.  If  the  Consulado  or 
Itttendant  hare,  in  the  course  of  their  proceed- 
ings, changed  the  situation  of  Mr.  McDermot's 
case  for  the  worse,  thev  hare  done  him  wrong, 
and  it  is  of  them  that  he  should  complain ;  but 
they  bare  acted  in  rirtue  of  theii  regular  facul- 
ties^ and  have  exonerated  Mr.  Meade;  or  had 
their  conduct  been  even  illegal,  yet  Meade  can- 
not be  made  responsible  for  it ;  he  had  not  any 
control  over  them,  or  any  means  of  resisting  them. 

It  was  very  natural  for  him  to  offer  the  deposite 
in  libramientos.  but  he  did  not  force  the  Intend- 
ant to  receive  them ;  that  was  his  own  act.  Nor, 
indeed,  does  there  appear  to  be  anything  irregu- 
lar in  that  act,  since  payment  was  due  by  the 
Treasury  on  the  libramientos.    The  transaction 


was  then  the  same,  in  effect,  as  though  the  In-  ,  the  very  great  injury  of  strict  justice,  of  the  in 


tendant  had  paid  to  Meade  the  amount  of  the 
libramientos  in  specie,  and  then  received  back 
that  specie  in  depositee  and  it  was  effected  in 
that  form  also;  so  that,  if  there  was  any  fault  in 
the  Intendant,  it  was  that  of  paying  Meade  what 
was  due  to  him.  But  this,  I  presume,  cannot  be 
called  a  fault,  or,  if  so,  the  transaction  cannot  be 
vitiated  by  it.  The  Intendant,  then,  having  in- 
formed the  Consulado  that  the  deposite  had  been 
mad«  in  specie,  and  that  he  was  responsible  to 
the  Consulado  for  specie,  Mr.  Meade  is  of  course 
exempt  from  all  further  process ;  and  the  royal 
decree  above  cited  considered  him  so  to  be. 

But  now,  sir,  a  second  time  this  Consulado, 
which,  as  I  have  shown,  having  ordered  Mr. 
Meade  to  deposite  in  the  Treasury,  did  thus,  by 
its  own  act,  absolve  him  from  its  jurisdiction,  re- 
news its  demand  on  him  for  another  deposite  to 
the  same  amount,  and,  in  defiance  of  His  Majes- 
ty^ decree,  on  Meade's  non-compliance,  htm 
thrown  him  into  a  dungeon. 


Surely  there  cannot  be  any  law  to  authorise 
the  imprisonment,  as  a  condemned  felon,  of  a  de- 
fendant in  an  action  for  debt  yet  pending ;  much 
less  can  it  be  permitted  that  any  authority  should 
amend  its  own  faults  and  errors  by  sacri&sing  the 
liberty,  property,  and  domestic  happiness  of  an 
individual ;  i^nd  still  less  is  it  possible  that  His 
Majesty  should  allow  the  continuance  of  such 
proceedings  in  a  case  where  his  own  treasury  is 
the  depository  of  the  funds  in  question,  which,  by 
his  own  decree,  have  been  ordered  to  be  paid  over 
in  satisfaction  of  the  judgment.  It  is  with  entire 
confidence,  therefore,  that  I  request  your  Bxeel- 
lencv  to  lay  this  representation  before  the  King, 
not  doubting  but  that  he  will  order  that  Mr.  Meade 
be  immediately  released  from  confinement,  and 
that  the  royal  decree  of  August  10, 1815,  be  main- 
tained and  observed.    I  have,  &c., 

GEORGE  W.  BRTING. 

No.  3. 

Dm  Fcdro  Cevaiks  to  Mr.  Ettnng^  Mmitttr  Plpi^ 

p<dmtiary  tf  the  VnUed  States,  Matbid, 

Palaob^  September  10, 1816. 

Snt :  I  have  given  an  account  to  His  Majesty 
of  your  note  of  the  27th  of  last  month,  relative  to 
Mr.  Richard  Meade;  and  it  is  His  Majeety'a 
pleasure  that  I  should  inform  you,  that  as  his  case 
is  pending  before  the  Supreme  Council  of  War, 
he  must  have  recourse  to  it. 

By  His  Majesty's  orders,  the  Council  of  War 
presented  to  His  Majesty  a  report  on  the  aflhlr 
pending  in  the  tribunals  of  Spain  between  the 
creditors  of  a  commercial  house  in  Londion,  in  a 
state  of  failure,  and  Mr.  Richard  Meade. 

It  states  the  restitution  of  a  deposite  of  upvrards 
of  950^000  in  specie,  made  to  Meade  by  the  said 
house  in  failure  at  London,  and  that  he  attempted 
to  restore  the  money  demanded  of  him  in  credits 
of  the  Treasury. 

The  council  reports  against  Meade,  and  states 
that  he  availed  himself  of  this  circumstance  with 
a  view  to  surprise  the  equity  of  the  sovereign  to 


terests  o(  the  bankrupt  house  and  of  its  creditors ; 
and  afterwards  ^ve  it  as  their  opinion  {di4fta' 
iHeii)  that  His  Majesty  ought  not,  in  opposition  to 
the  laws,  to  agree  to  the  petition  of  Meade,  who 
should  deliver  up  the  aforesaid  deposite,  in  like 
manner^  and  in  the  same  specie  as  he  had  re- 
ceived It.  or  give  full,  clear,  and  sufficieut  secu- 
rity, to  tne  satisfaction  of  the  tribunal  of  com- 
merce of  Cadiz ;  and,  in  default  thereof,  to  be 
removed  to  a  public  prison,  to  prevent  all  evasion 
of  the  sentence  against  him. 

His  Majesty  thereupon  assented  to  the  opin- 
ion (dictamen)  of  the  council^  to  which  Meade  is 
to  conform.    I  renew,  dbc., 

No.  4. 
Mr.  Ervimg  to  M.  CeoaUoe, 

"  Madbid,  <9e(ptem6er  16^  1816. 
Sir  :  On  the  18th  instant  I  received  your  Bx- 
eellency's  note  of  the  10th  instant-;  in  re]^  to 


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1819 


APPENDIX. 


1820 


Imprimmment  qf  A  W*  Meade* 


mine  of  27th  August,  respecting  the  ease  of  R. 
W.  Meade,  a  citizen  of  the  United  States,  now 
detained  in  a  felons'  prison  at  Cadiz.  I  had  re- 
quired that  Mr.  Meade  should  he  released  from 
his  confinement,  because,  on  a  review  of  the  pro- 
ceedings asainst  him,  and  reference  to  the  docu- 
ments enclosed  in  m3r  note  of  August  27,1  found 
that  those  proceedings  were  unjust,  since  the  ob- 
ject of  them  was  to  compel  him  to  pay  a  sum  of 
money  which  he  had  already  paid  in  virtue  of  a 
judicial  decree;  and  illegal,  as  well  for  that  rea- 
son as  because  they  were  in  riolation  of  His 
BAajesty's  owq  decree  of  August  14, 1815. 

Tour  Excellency  has  not  thought  proper  to 
revert  to  these  antecedents,  but  you  hiave  been 
pleased  to  confine  yourself  to  a  simple  narrative 
of  what  has  passed  in  the  council  of  war  subse- 
quent to  the  date  of  His  Majesty's  decree,  and 
upon  this  ground  to  refer  the  party  aggrieved  to 
this  same  council  of  war.  If  I  understood  your 
Bxeellency's  note  aright,  it  states  that  a  posterior 
decision  of  the  council  of  war  has  declared  His 
Majesty's  decree  of  August  14, 1815,  to  be  unjust 
and  ill^l,  and  has  advised  His  Majesty  to  re- 
verse it,  and  to  put  Mr.  Meade  in  prison,  until  he 
shall  have  paid  the  sum  demanded  of  him ;  and 
further,  that  His  Migesty  has  complied  with  this 
extraordinary  dictatnen  ;  that  thus  Meade  is  ac- 
tually in  prison,  with  the  knowledge  and  consent 
of  His  Majesty,  who  has  thought  proper  to  ren- 
der his  own  decree  a  dead  letter.  These  are  facts 
which  I  could  not  suppose  to  have  existed,  and  to 
which  I  should  have  found  it  very  difficult  to 
have  given  credit,  had  I  not  thus  received  them 
from  your  Excellency.  In  truth,  they  may  be 
considered  as  determining  the  perpetual  impris- 
onment of  Mr.  Meade ;  for  it  cannot  be  imagined, 
even  if  he  be  able  to  pay,  that  he  will  ever  con- 
sent to  pay  a  second  time  that  sum  which  he  has 
before  deposited  in  His  Majesty's  treasury,  and 
for  which  the  treasury  has  formally  made  itself 
responsible. 

In  this  last  consulta  of  the  council  of  war,  it  is 
stated  that  Mr.  Meade  attempted  to  restore  the 
money  demanded  of  him  In  credits  of  the  treas- 
ury, (UUenla  devolver  en  papdee  de  creddta  conr 
tra  Teeoreria,)  By  this  phraseology  the  fact 
has  been  concealed  trom  His  Majesty  of  the  pay- 
ment which  was  actually  made  by  Meade  to  the 
Treasurer  General,  for  the  amount  of  which,  in 
specie,  the  said  Treasurer  General  formally  made 
himself  responsible  to  the  Consulado. 

This  fact,  I  say,  was  not  stated  to  His  Majesty, 
as  it  should  have  been,  by  the  council  of  war.  If 
your  Excellency  will  take  the  trouble  of  revert- 
ing to  my  note  of  the  27th  ultimo,  you  will  see 
that  it  is  therein  specially  set  forth,  supported 
by  conclusive  documentary  proof,  and  that  upon 
it  is  very  principally  fouoded  the  reclamation 
which  I  nave  made  in  favor  of  Mr.  Meade. 

This  remains,  then,  in  all  its  former  force,  and 
altogether  unanswered  by  your  Excellency's  note. 
But  10  simplify  the  case  as  much  as  possible,  to 
disembarrass  it  of  all  legal  questions  and  discus- 
sions arising  out  of  Mr.  McDermot's  claim^  or  be- 
longiog  to  the  antecedent  proceedings  i  in  fine, 


that  both  parties  may  have  ^tistiee  ia  a  node 
comporting  with  the  good  faith  and  consistency 
of  the  Government,  I  now  place  my  demand  ia 
another  form. 

Considering  that  Mr.  Meade,  in  pursuance  of 
a  judicial  decision  of  the  Consulado  of  Cadiz,  did, 
on  the  19th  of  February.  1814,  pay  into  the  office 
of  the  Treasurer  General  of  the  province  the  sum 
ofl,050^327r.; 

Considering  that  the  said  Treasurer  General 
did  acknowledge  the  said  payment  to  have  been 
made  in  specie,  and  did  promise  to  repay  specie 
whenever  called  upon ; 

Finally,  considering  that  the  funds  ia  question 
are  actually  in  the  royal  treasury ; 

For  these  reasons,  I  require  that  the  Treasorec 
General  be  ordered  immediately  to  pay  over  the 
same  funds,  in  specie,  to  whomsoever  the  Con- 
sulado of  Cadiz  shall  appoint  to  receive  them. 
I  renew,  dbc. 

G.  W.  BRVING. 

No.  5. 
Don  Pedro  Cevalioe  to  Mr,  Brving, 

OCTOBBR  17, 1816. 
8ie:  Having  laid  before  the  King  your  note  of 
the  16th  September  last,  relative  to  Mr.  Richard 
Meade,  I  have  received  liis  Majesty's  comnands 
to  inform  you  that  the  afiair  of  this  individual  be- 
ing under  the  especial  cognizance  of  the  supreme 
council  of  war.  it  is  to  this  tribunal  that  his  recla- 
mations must  be  addressed. 

I  renew  to  you,  dbc. 

PEDRO  CEVALLOS. 

No.  6. 
Mr,  Erving  to  16-.  Ceoalioi, 

Maorid,  October  21, 1816. 
Sir  :  In  a  note  of  September  16,  upon  the  case 
of  R.  W.  Meade,  an  American  citizen  in  prison  at 
Cadiz^  I  required  that  the  Treasurer  Greneral  of 
that  district  should  be  ordered  to  pay  over  to  such 
person  as  the  Consulado  of  Cadiz  should  appoint 
to  receive  the  same,  the  moneys  which  have  been 
deposited  with  the  said  Treasurer  General  by 
said  Meade,  in  obedience  to  a  judicial  order  of 
the  said  Consulado. 
In  your  Excellencv's  reply  of  the  17th  instant, 

Jou  are  pleased  to  tell  me  that  the  affairs  of  Mr, 
leade  being  rooted  {radicadoe)  in  the  supreme 
council  of  war,  to  that  tribunal  he  ought  to 
resort. 

In  this  your  Excellency  has  reference,  I  pre- 
sume, to  a  certain  suit  brought  against  Mr.  Meade 
by  Mr.  John  McDermot ;  you  certainly  do  not 
mean  to  be  understood  that  all  affairs  whatever 
of  Mr.  Meade  are  to  be  subjected  to  the  decision 
of  f  be  council  of  war,  nor  can  I  conceive  that  anf 
such  connexion  between  the  suit  of  Mr.  McDer- 
mot and  the  demands  of  Mr.  Meade  on  His  Ma- 
jesty's treasurv  can  be  established  as  can  briufi^ 
these  last  within  the  cognizance  of  that  tribunal. 
Permit  me  to  ask  whether  the  supreme  council 
of  war  has  the  faculty  of  ordering  the  Treasurer 


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1881 


APPENDIX. 


1822 


ImprtBonment  of  R.  W.  Meade. 


General  of  Andalasia  to  paf  orer  the  funds  which 
Mr.  Meade  deposited  with  him  to  such  persons 
as  the  CoDsnIado  of  Cadiz  may  appoint  to  re- 
eeire  them  ? 

If  so,  I  will  reqaest  your  Excellency  to  lay  be- 
fore that  tribunal  the  demand  made  in  my  last 
note,  according  to  the  practice  in  similar  eases ; 
but  if  the  tribunal  of  war  has  no  such  faculty, 
then  the  order  which  I  hare  requested  can  be 
giren  only  by  the  Bzecutive  Gk>Temment.  My 
application  for  its  interference  was  perfectly  cor- 
rect, and  your  Bzcelleney's  reference  to  the  tri- 
bunal is,  as  to  anr  useful  object,  perfectly  nuga- 
tory; for  Mr.  Meade  must  necessarily  be  an- 
swered that  the  tribunal  has  not  any  control  over 
His  Majesty's  treasury.  I  had  flattered  myself 
with  a  hope  that,  in  our  conference  on  the  5th 
instant,  I  had  succeeded  in  convincing  your  Bx- 
eeilency  that  the  case  between  Mr.  Meade  and 
Mr.  McDermot,  and  that  between  Mr.  Meade  and 
His  Majesty's  treasury,  were  altogether  distinct. 
I  do  not  solicit  any  act  of  injustice  against  Mr. 
McDermot.  and  I  ought  \o  presume  that  it  is  Hb 
Biajesty's  desire  to  do  justice  to  Mr.  Meade.  In 
acceding  to  my  demand  in  his  favor,  your  Excel- 
lency will  accomplish  that  desire;  and  so  far 
from  impugning  the  claims  of  Mr.  McDermot, 
the  effect  of  the  measure  will  be  to  satbfy  them 
by  pavment,  and  to  extinguish  all  the  processes 
to  which  they  had  given  rise. 

I  do  trust,  then,  on  reconsidering  the  case,  your 
Excellency  will  perceive  that  only  two  inauiries 
are  necessary,  viz :  whether  Mr.  Meade  aid,  by 
order  of  the  Qonsnlado,  deposite  the  funds  in 
question  with  the  Treasurer  General;  and  whe- 
ther they  yet  exist  in  the  hands  of  the  treasurer. 
Of  these  facts  I  have  already  laid  before  yon  in- 
disputable proof  in  the  papers  marked  Nos.  1,  8, 
3,  transmitted  to  you  with  my  note  of  August 
27,  viz:  No.  1.  The  order  of  the  Consulado, 
direetinff  Meade  to  deposite.  No.  2.  The  receipt 
of  the  Treasurer  General  for  the  deposite  made. 
No.  3.  The  acknowledgment  of  the  treasurer  that 
be  holds  said  deposite  in  specie,  subject  to  the 
orders  of  the  Consulado.  It  is  for  want  of  these 
funds,  now  in  His  Majestty's  treasury,  that  Mr. 
Meade  is  in  prison ;  the  payment  of  them  to  the 
order  of  the  Consulado  will  quiet  all  claims,  and 
satisfv  all  parties,  and  will  not  interfere  with  the 
jurisdiction,  or  require  the  intermediation  of  any 
tribunal  whatever. 

He  recurs,  then,  to  the  King,  whose  power  to 
enforce  is  as  indisputable  as  his  disposition  to  do 
right;  and  I,  on  his  part,  require  only  the  plain- 
est act  of  justice  when  I  demand  that  an  express 
rof  al  order  be  issued  for  his  immediate  liberation 
from  prison,  and  for  the  payment  of  the  funds 
deposited  by  him  in  the  royal  treasury  of  the 
province  to  the  Consulado  of  Cadiz,  or  to  such 
person  as  it  may  appoint  to  receive  the  same. 

I  remain,  sir,  with  great  respect,  your  most 
obedient  servant, 

GEORGE  W.  ERVING. 

Jl^mrter  UniUd  Statee. 

His  Bxo'y  M.  Cbvallo0* 


No.  7. 
Don  Jo9i  Pizmro  totheMnuterofthe  United  Statee. 
Palacb,  November  7, 1816. 
Sir  :  I  have  laid  before  His  Majesty  your  note 
of  the  21st  of  last  month,  in  which  you  insist  that 
the  sums  deposited  by  Mr.  R.  Meade  in  the  roy- 
al treasury  should  be  paid  over  to  the  tribu- 
nal of  commerce  of  Cadiz,  or  to  whomsoever  it 
may  authorize  to  receive  them.    This  affair  ap- 

K ruining  to  the  Ministry  of  the  Treasury,  His 
ajesty  has  been  pleased  to  determine  that  yonr 
said  note  be  transmitted  to  the  Secretary  of  that 
DejMirtment,  that,  through  this  channel^  it  may 
again  be  submitted  to  His  Majesty's  decision. 
I  renew,  dbc. 

JOSE  PIZARRO. 

No.  8. 

Extract  of  a  tetter  from  Mr.  Ervmg  to  the  Seeretarw 

of  State,  dated 

MAnRin,JI%12,1817. 
By  my  despatches,  Nos.  20, 23, 26,  I  had  the 
honor  to  submit  to  you  copies  of  the  first  part  of 
mj  correspondence  with  the  Spanish  Secretary 
of  State,  on  the  case  of  Richard  W.  Meade.  As 
that  gentleman,  despairing  of  the  success  of  mjr 
efforts  in  his  favor,  desires  that  the  whole  of  hu 
case  may  be  laid  before  you,  I  now  transmit  copies 
of  all  the  notes  which  have  passed  on  it  since  the 
month  of  November. 

No.  9. 
i6>.  Ervkijf  to  Mr,  Pizarro* 

Madrid,  December  26, 1816. 
Sir:  On  the  7th  November  your  Excellency 
replied  to  my  note  of  21st  of  October,  on  the  case 
of  R.  W.  Meade,  an  American  citizen  in  prison 
at  Cadiz,  that  you  had  transmitted  the  same  to 
the  Minister  of  Hacienda,  that  the  royal  resolu- 
tion might  be  given  through  that  ministry.  In 
consequence,  as  I  presume,  of  your  Excellency's 
communication  to  the  Minister  of  Hacienda,  Mr. 
Navarrete,  the  Treasurer  General,  wrote  to  the 
Consulado  of  Cadiz  on  the  19th  of  November; 
the  answer  of  that  tribunal  is  dated  on  the  29th 
of  Norember.  It  is  completely  satisfactory  and 
in  perfect  accord  with  what  I  have  stated  to  you 
on  the  case.  Why  a  copy  of  it  has  not  been  al- 
ready transmitted  to  you,  I  will  not  undertake  to 
conjecture;  but  seeing  that  this  document,  as 
weu  as  others  in  the  cause,  do  virtually  confess 
that  the  proceedioffs  against  Mr.  Meade  are  of 
the  unjust  and  violent  character  which  I  have 
attributed  to  them,  and  that  every  unnecessary 
delay  is  an  augmentation  of  the  injustice,  as  I 
ought  to  believe,  and  am  persuaded,  entirely  con- 
trary to  the  disposition  of  His  Majesty— for  these 
reasons  I  prey  vour  Excellency  to  demand  from 
the  Minister  or  Hacienda  a  copy  of  Mr.  Nava- 
rette's  aforesaid  correspondence  with  the  Consu- 
lado, and  to  lay  it,  in  conjunction  with  my  repre- 
sentations, before  His  Majesty. 

^  GEORGE  W.  BRVINQ. 


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APPENDIX. 


1824 


Imprisonment  of  R.  W,  Meade. 


No.  10. 
Mr,  Erving  to  Mr,  Pizarro, 

Madrid,  March  14,  1817. 
Sir:  Id  a  note  of  September  16, 1816,  to  your 
Excellency's  predecessor,  I  required  that  the 
Treasurer  General  of  the  district  of  Cadiz  should 
be  ordered  to  pay,  to  such  person  as  the  Consu- 
lado  of  Cadiz  should  appoint  to  receive  the  same, 
a  certain  sum  of  money,  which  had  been  depos- 
ited with  the  said  Treasurer  by  R.  W.  Meade, 
an  American  citizen,  in  obedience  to  an  order  of 
said  Consulado,  and  for  which  sum  said  Meade 
then  was,  as  he  still  is,  held  in  prison. 

Having  been  answered  by  Mr.  Cevallos,  gene- 
rally, that  the  affair  of  Mr.  Meade  was  before  the 
council  of  war,  I  insisted  on  my  former  demand, 
(in  a  further  note  of  October  21,)  showing  to  the 
Minister  that  it  had  no  necessary  connexion  with 
any  process  depending  before  the  council  of  war  j 
and  further,  thai  it  was  not  possible  for  the  coun- 
cil to  satisfy  my  reclamation,  even  if  it  should  be 
disposed  to  do  so,  because  it  had  no  faculty  to 
give  such  orders  to  his  Majesty's  treasurer  as  I 
Had  desired. 

Iq  answer  to  that  note,  your  Excellency  was 
pleased  to  inform  me,  on  the  7th  of  November, 
that,  as  my  demand  related  to  the  duties  of  the 
Minister  of  Hacienda,  His  Majesty  had  resolved 
that  my  note  of  21st  October  should  be  passed  to 
that  Minister,  to  the  end  that  through  that  depart- 
ment the  royal  resolution  should  be  given.  ("  Se 
pasa  la  citada  nota  al  senor  Secretario  de  dicho 
Departimiento  para  qtie  par  su  conducto  recay- 
ga  la  real  resolucionr) 

In  consequence,  I  presume,  of  this  measure, 
the  Treasurer  General,  Seflor  Navarrete,  wrote 
to  the  Consulado  of  Cadiz,  on  the  19th  of  Novem- 
ber, requiring  that  tribunal  to  inform  him  parti- 
cularly as  to  the  aforesaid  deposiie.  The  Con- 
sulado replied  to  the  treasurer  on  the  29th  of 
November,  that  the  deposite  had  been  made  by 
its  order;  that  it  had  been  made  *Mb  effective 
specie,"  ("  en  liJbramierUos  de  plata  effectiva  ;") 
that  it  existed  at  the  treasury ;  and  that  the  treas- 
urer had  made  himself  responsible  to  the  said 
Consulado  for  the  amount. 

I  annex  to  this  note  a  copy  of  that  most  im- 
portant correspondence  between  the  Treasurer 
and  the  Consulado,  and  which  your  Excellency 
was  pleased  also  to  procure  a  copy  of  from  the 
Minister  of  Hacienda,  pursuant  to  the  request 
contained  in  my  note  of  December  25. 

This  correspondence  leaves  not  the  least  doubt 
as  to  the  nature  of  the  deposite.  or  its  actual  ex- 
istence ;  and  I  assured  myself  that  it  was  all  that 
could  be  desired,  and  that  it  must  necessarily  pro- 
duce an  immediate  order  for  the  release  of  Mr. 
Meade  from  prison.  1  am  therefore  much  sur- 
prised to  find  that  the  affair,  instead  of  having 
been  despatched,  as  I  understood  by  your  Excel- 
lency's note  of  November  7  that  it  would  be,  has 
again  fallen  back  into  the  hands  of  the  council  of 
wax ;  which  tribunal,  as  before  obMrred,  cannot 
have  any  control  over  the  operations  of  His  Ma- 
jesty's Treasury. 


If  the  council  of  war  should  enter  into  any  in- 
quiry as  to  the  nature  of  the  deposite,  can  the 
result,  whatever  it  may  be,  of  that  inquiry,  be 
opposed  to  the  complete,  plain,  unequivocal  dec- 
laration of  the  Consulado  of  Cadiz,  the  very 
tribunal  by  order  of  which  the  deposite  was  made, 
which  is  most  interested  to  ascertain  its  nature, 
and  its  actual  existence?  But  in  no  view  can  it 
be  of  the  least  importance  in  considering,  or 
should  it  have  the  least  influence  in  deciding, 
upon  my  reclamation,  whether  the  deposite  is^  or 
is  not,  satisfactory  to  the  council  of  war;  and 
therefore  I  will  not  here  enter  into  its  past  and 
present  proceedings,  nor  will  I  advise  Mr,  Meade 
to  appear  before  that  tribunal  to  prove  anything 
which  may  relate  to  the  nature  of  that  deposite. 
It  is  sufficient  that  the  deposite  was  made  by  the 
order  of  the  Consulado ;  that  it  was  paid  into 
His  Majesty's  Treasury,  and  is  now  there.  All 
this  is  proved  by  the  confession  of  the  Coasulade 
itself;  and  I  cannot  acknowledge  the  justice  of 
any  plea  for  holding  Mr.  Meade  in  prison,  by  a 
decision  of  another  of  His  Majesty's  tribunals, 
for  the  very  sum  thus  deposited. 

His  Majesty's  Treasury  has  the  money  in 
question.  Mr.  Meade  is  suffering  in  prison  under 
His  Majesty's  authority  1  What  can  be  more 
simple  than  the  course  pointed  out  by  justice  in 
this  case? 

As  the  representative  of  the  American  Gov- 
ernment, the  natural  protector  of  its  citizens 
against  all  injustice,  I  appeal  directly  to  His  Ca^ 
tholic  Majesty  against  the  injustice  of  those  act- 
ing in  his  name  and  under  his  authority  *,  and  I 
request  your  Excellency,  as  the  proper  channel 
of  communication,  to  lay  my  reclamation  before 
him.  And  if  His  Majesty  should  desire  to  be 
more  particularly  informed  of  the  proceedings 
of  the  council  of  war.  and  of  all  the  persecutions 
which  this  American  citizen  (who,  I  cannot  but 
remind  your  Excellency,  so  much  contributed  to 
support  the  cause  of  Spain  in  the  most  critical 
epoch  of  her  affairs)  has  suffered;  then  if  His 
Majesty  will  condescend  to  peruse  the  last  me- 
morial which  Mr.  Meade  addressed  to  him,  be 
will,  I  doubt  not,  see  enough  to  reprehend. 

GEORGE  W.  ERVING. 


No.  11. 


Mr,  Erving  to  Afr.  Pizarro. 

Madrid,  March  24, 1817. 
Sir  :  With  my  note  of  the  14th  instant  upon 
the  case  of  R.  W.  Meade,  an  American  citizen 
confined  in  the  castle  at  Cadiz,  I  transmitted  to 
your  Excellency  what  oueht  to  be  considered  as 
the  most  satisfactory  and  conclusive  evidence 
relative  to  the  nature  and  the  actual  ezbtence  of 
the  deposite  made  by  him  in  the  royal  treasitrf  of 
that  district,  by  order  of  the  Consulado  of  Gadix. 
It  appeared  to  me  that  nothing  further  could  be 
reooired,  and,  if  your  Bzeeliency  would  laT  it 
before  His  Majesty  pursuant  to  my  request,  tnat 
it  must  prodnee  an  instant  order  for  the  release 
of  Mr.  Meade :  bat  seeing  that  the  sufferings  of 
this  individual  still  caaiinae,  I  caanat  aaiit  any 


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APPENDIX. 


1826 


htpriionment  of  JR.  W,  Meade. 


meaaare,  howerer  superfluous  it  may  appear, 
which  ma7  possibly  contribute  to  his  release, 
heapiuff  proof  upon  proof  of  the  injustice  done  to 
him.    It  is  therefore  that  I  now  send  to  you 

aerewith  enclosed)  a  certificate,  dated  15th  of 
arch,  (regularly  authenticated,)  of  Don  An  to* 
nio  Ysaroe,  ^ecntcuior  principal  de  venias  pro- 
vinciaM'  of  Cadiz,  who  is  the  only  person  au- 
thorized to  grant  certificates  relative  to  the  oper- 
ations of  the  treasury  in  that  district,  and  through 
wiiose  hands  all  such  matters  must  necessarily 
pass.  This  certificate  has  been  granted  on  the 
petition  of  Mr.  Meade,  which  I  also  take  the  lib- 
erty of  enclosi^. 

1  beg  your  Kzcellency's  particular  attention 
to  this  certificate ;  it  is  ample  and  explicit  in 
erary  respect, and  lam  persuaded  mustconrinee 
yira  that  no  further  research  on  the  points  in 
question  can  be '  necessary.  I  therefore  confi- 
dently re-uige  my  request,  that  your  Excellency 
w«ola  be  pleased  to  lay  my  reclamation  before 
the  King ;  and  1  rely  on  His  Majesty's  just  dis- 
positions for  the  immediate  release  of  Mr.  Meade. 
GEORQB  W.  ERVING. 

No.  12. 
Mr.  Pizarro  to  Mr,  Erring. 

Madrid,  April  12, 1817. 
Sir  :  Immediately  that  I  received  your  note  of 
the  24th  of  last  March,.!  directed,  by  order  of  the 
King,  my  master,  the  supreme  council  of  war  to 
despatch  with  all  ursency  the  "  consulu"  which 
had  been  required  of  it.  relative  to  the  afiairs  of 
Mxy  Richard  Meade  with  the  house  of  Hunter, 
Raynes  db  Co.,  of  London ;  and  I  wait  for  the 
saia  consulta  to  lay  the  matter  before  His  Ma- 
jesty, and  to  obtain  his  sovereign  resolution. 
I  renew,  dbc., 

JOSE  PIZARRO. 

No.  13. 
J6-.  Errring  to  Mr.  Pizarro. 

Madrid,  May  9, 1817. 
Sir  :  I  have  the  honor  to  acknowledge  the  re- 
ceipt of  your  Elxcellency's  note  of  the  12th  of 
April,  in  reply  to  mine  of  the  24th  of  March, 
relative  to  the  case  of  Mr.  Meade.    You  are 
pleased  to  inform  me  that  on  sight  of  my  said 
note  you  ordered  the  council  of  war  to  despatch, 
ia  mil  hute,  the  *'  consulu"  which  you  had  pre- 
vioualy  asked  of  it,  relative  to  the  affairs  **  be- 
tween Don  Ricardo  Meade  and  the  house  of 
Raynes,  Hunter  db  Co.,  of  London."    I  ought  to 
presume  that  by  this  order  your  Excellency  meant 
to  proonote  the  object  of  my  former  representa- 
tions i  but  permit  me  to  observe,  referring  to 
thoae  representations,  that  in  no  part  of  them 
Jiave  I  considered  the  termination  of  any  process 
which   may  be  pending  before  the  council  of 
war,  between  Mr.  Meade  and  the  English  mer- 
ehanu,  as  at  all  essential  to  my  purpose,  which 
has  been  simply  to  obtain  the  release  of  an  Ame- 
rieaa  citizen  from  an  unjust  imprisenment^an 
imprisonment  which  you  yourself^  in  a  letter  of 
15th  Con.  Ist  Ssss.— 68 


December  8  to  the  couneil  of  war,  have  declared 
to  be  illegal.  In  that  letter  your  Excellencv  has 
said  that  Mr.  Meade's  case  is  not  sufficiently 
comprehended  within  the  law  under  the  pretence 
of  which  he  has  been  imprisoned:  ^quien, 
(Meade,)  no  esta  hasten te  determinadamente 
comprendido  en  el  ease  de  la  ley  que  se  cita  para 
su  aresto."  Independent  of  this  jegal  point,  I 
have  shown  to  your  Excellency,  in  my  former 
nous,  that  the  imprisonment  is  unjust,  because 
His  Majesty's  Treasurv  has  the  very  funds  which 
should  be  paid  to  satisfy  the  judgment  of  the  tri- 
bunals. It  was  long  since  decided  that  Mr.Meadie 
was  a  debtor  to  the  En^ish  merchants ;  the  funds 
in  question  had  been  deposited  in  the  royaJ  trea- 
sury, bv  order  of  the  competent  tribunab;  and, 
it  has  been  proved,  by  authentic  and  complete 
documenUf  that  the  deposite  exisU  in  the  trea- 
sury as  effective  cash.  What  I  have  required, 
then,  as  a  measure  of  the  plainest  justice,  is,  that 
these  funds  should  be  paid  by  the  treasury,  to 
satisfy  the  judgment.  Thus  Mr.  Meade  wxNikl 
be  released  from  prison,  of  course;  and  all  nee^- 
sity  of  legal  decision,  as  to  the  nature  of  his  im- 
prisonment, would  be  superseded  ;  and  all  ii  tiff  ious 
questions  between  him  and  the  English  creditors 
would  cease.  I  had  certainlv  succeeded  in  im- 
pressing vour  Excellency  with  this  view  of  the 
subject,  for,  as  far  back  as  the  7th  of  November, 
you  informed  me  that  the  afiair  was  properly 
within  the  Department  of  Hacienda,  and  that 
His  Majesty  would  give  his  decision  through 
that  department.  Under  the  same  impression, 
doubtless,  you  wrote  to  the  Minister  of  Hacien- 
da, on  the  4th  of  December,  desiring  that  a  state- 
ment of  the  facts  within  the  cognizance  of  his 
department  might  be  sent  to  you,  to  the  end  that 
you  might  submit  them  to  His  Majesty,  to  en- 
able him  to  decide  on  the  consulta  of  the  council 
of  war,  (of  November  28,)  at  that  time  before 
him.  In  the  same  way  your  Excellency  wrote 
to  the  council  of  war,  on  the  8th  of  December, 
requiring  that  all  the  original  documents  which 
relate  to  the  nature  of  the  deposite  made  by  Mr. 
Meade  should  be  sent  to  you.  Even  in  your  let- 
ter of  February  the  7th,  to  the  same  council  of 
war,  by  which  you  return  to  it  the  '^tecedents," 
you  confine  your  view  principally  to  the  exist- 
ence and  nature  of  the  deposite. 

Convinced,  then,  as  your  Excellencv  was,  that 
the  imprisonment  of  Meade  was  illegal,  and  as  to 
the  nature  of  the  deposite,  (a  point  which  you 
considered  all-important  in  the  case,  having  be- 
fore you  the  certineates  of  the  officers  of  Hacien- 
da, as  well  as  of  the  Consulado  of  Cadiz,  proving 
that  it  existed  in  effective  specie,)  I  could  not 
doubt  but  that  you  intended  to  submit  the  case 
to  His  Majesty's  decision,  as  announced  in  vour 
letter  of  December  4th  to  the  Minister  of  Haci- 
enda, and  conformably  to  what  I  had  repeatedly 
proposed.  You  have  not  been  pleased  to  acquaint 
me  with  whatever  motives  you  may  have  had 
for  deviating  from  this  intention;  but  it  does  ap- 
pear that  you  have  required  of  the  council  to  die- 
termine  on  the  legality  of  the  imprisonment, 
which  was  its  own  a^t-HUi  act  of  which,  in  your 


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tBSff 


AFnOTDIX. 


■ANfinlioJiiiifliil  of  St»  W,  Mdodi, 


Itttei  of  December  8tli,  you  expressed  His  Me- 
jetty^B  diaspprobotioo,  and  tbe  iojustiee  of  whioh 
tiM  teen  made  still  more  ap|»reDt  hy  the  above 
mentioned  proofs  as  to  the  nature  of  the  deposite. 
It  appears,  also,  that  you  transmitted  to  the  same 
eouneil,  in  the  month  of  February,  documents 
which  you  demanded  from  it  in  the  month  of 
December,  for  the  purpose  of  being  laid  before 
the  King,  out  which  are  now  to  be  enreloped  in 
questions  from  which  they  had  been,  and  stood, 
entirely  separated. 

In  thus  sending  the  afiair  back  to  the  council, 
the  parties  fMeade  and  McDennot)  are  made 
uadeinly  to  litigate  about  the  nature  of  a  depoeite 
which  the  Qorernment  knows  to  exist,  in  specie, 
Ubl  its  own  treasury.    Thus,  the  simple  act  of 
jatdee  which  I  hare  demanaed  is  procrastinated 
to  an  indefinite  time,  beinff  made  dependent  upon 
cootantious  qnestlona,  with  which  it  has  no  ne- 
eeesary  connexion.  Yonr  Excellency  is  perfectly 
eon^inced,  by  documentary  e?idence  of  indispu- 
table authority,  from  every  department  of  the 
Haetenda,  that  the  royal  treasury  is  debtor  to 
Meade  for  the  amount^  in  specie,  of  the  deposite 
made  by  him ;  that,  with  or  without  law,  Meade 
has  been  twelve  months,  and  still  iS|^  in  prison,  for 
the  same  amount  due  to  the  English  claimants, 
for  whose  benefit  the  said  deposite  was  made,  by 
order  of  the  tribunal  which  at  that  time  had  cogni- 
zance of  the  then  pending  suit ;  and  it  is  evident 
that  the  repayment  of  this  money  would  release 
Meade  from  prison,  at  the  same  time  that  it 
would  satisfy  the  English  creditors.    Allow  me, 
then,  to  ask,  to  what  useful  end  is  the  Council  of 
War  now  employed?    To  declare  the  illenlity 
of  its  own  acts?    But  ail  investigations  of  that 
nature  will  be  rendered  unnecessary  by  the  re- 
payment of  the  money  now  in  the  hands  of  Qoy- 
emment.    The  council  can  decide  to  whom,  of 
ri^ht,  the  money  deposited  belongs ;  but  on  this 
point  there  is  no  dispute.    The  deposite  belongs, 
of  right,  to  the  English  creditors,  represented  by 
McDermot.    The  council  has  no  control  over  the 
treasury.    In  examining,  therefore,  into  the  na- 
ture of  the  deposite,  it  can  have  no  other  guide 
than  the  very  ofllcial  documents  which  have  been 
before  your  Excellency.    These  are  unequivocal 
and  conclusive.    It  matters  not  now  whether  the 
deposite,  in  its  original  form,  was,  or  was  not.  of 
a  nature  to  satisfy  the  demands  of  the  Bngfish 
creditor.    We  can  dispense  with  an  examination 
of  that  question  also;  because,  in  whatever  form 
the  deposite  wasoriginally  made,  it  has  been  now 
eonrerted,  by  regular  fiscal  operations,  into  efTec- 
tirecash.;  and  in  that  form  exists,  and  in  that 
form  will  be  readily  received  by  Mr.  McDermot. 
The  documents  wnich  certify  the  real  nature  of 
the  deposite  can  neither  be  called  in  question  nor 
set  aside  by  the  council  i  nur  is  there  any  neces- 
sity of  a  judicial  investigation  to  establish  the 
authenticity  or  validity  of  them.    Upon  those 
grounds,  therefore,  I  renew  my  demand,  in  every 
aapect  of  it  so  just,  that  your  Excellency  would 
lay  this  case  ministerially  before  the  King,  and 
proeure  his  order  for  the  immediate  repayment 
of  the  deposite  existing  in  his  treasury. 


Petitwn  of  Mrs.  Meade,  and  papers  eommwnieated 
by  net  in  reioHonto  Biehard  W.  Mteaie* 

Pbilad£Lpbu,  Dec  4, 1817. 

To  his  Excellency  the  President  of  the  United 
States  the  following  case  is  respectfully  aufamil- 
ted: 

Richacd  W.  Meade  was  born  in  Cheater  coun- 
ty, in  Pennsylvania,  ia  June,  1778.  He  wemX  to 
Spain  in  1803,  to  claim  restitution  of  property 
detained  at  Buenos  Ayres;  in  which  daist  he 
was  unsuccessful.  He  then  established  a  mmh- 
mercial  house  at  Cadiz,  where  he  hascTer  siBoe 
resided  in  the  character  of  an  American  eitisen, 
and  having  held,  from  1806  till  the  presoit  year, 
the  station  of  navy  agent  of  the  united  Btataa 
for  the  port  of  Cadiz.    Mr.  Meade  has.  a  wife 

ithe  undersigned)  and  nine  children,  now  laai- 
ing  in  Philadelphia. 

In  their  late  strugglee,  he  rendered  essential 
services  to  the  people  of  Spain,  as  repeatedly  and 
publicly  acknowledged.  In  1813,  b«ng  in  actual 
advance  to  the  Ghivemment  of  Spain  to  ikt 
amount  of  near  eight  hundred  thousand  dollars, 
and  being  satisfied  that  the  Treasurer  Gkneral, 
Don  Victor  Soret,  was  using  the  funds  which  by 
contract  had  been  appropriated  to  repay  that  ad- 
vance, he  appealed  to  the  Regency  against  the 
conduct  of  the  Treasurer ;  and,  receiving  no  sat- 
isfaction, published  a  pamphlet  containing  a  state- 
ment of  his  contracts  with  the  Gk>vemmettt,  and 
its  la  justice  towards  him;  in  consequence  of 
which  publication  he  was  imprisoned  for  three 
months,  and  then  released  on  baiL  On  an  ap- 
peal to  the  Cortes,  Mr.  Meade  obtained  an  order 
for  the  payment  of  his  advances,  which  order  has 
been  but  partiallv  complied  with,  and  that  under 
enormous  sacrifices,  amounting,  in  many  in- 
stances, to  one-third  of  the  capital,  besides  several 
vears'  interest,  for  which  no  allowance  has  ever 
been  made.  Mr.  Meade  also  appealed  to  the 
Cortes  against  the  unjust  proceedings  of  the  Re- 
gency in  imprisoning  him ;  the  Cortes  reported 
the  proceeding  as  illegal  and  unjust,  and  decreed 
the  Constitutional  penalties  against  the  Minister 
who  gave,  and  the  judge  who  executed,  the  or- 
der. The  dismissal  of  the  Regency  by  the  Cottei, 
and  the  subsequent  dissolution  of  the  Cortes  it- 
self, on  the  arrival  of  King  Ferdinand,  prevented 
the  report  of  the  Cortes  against  the  Reaeacy  being 
acted  on ;  and  the  affair  being  revived  by  the  Su- 
preme Council  of  War,  composed  of  men  sabser- 
vient  to  the  old  Regency,  (who  are  now  all  in 
high  offices  round  tne  Court,)  it  was  lately  de- 
creed that  Mr.  Meade  should  pay  a  fine  of  two 
thousand  ducats  for  the  publication,  which  they 
termed  a  libel  on  the  late  regents. 

It  is  to  be  understood  that  the  afiair  abore  re- 
lated, of  the  imprisonment  in  1813,  is  altogether 
distinct  from  the  present  confinement  of  Mr. 
Meade  and  its  causes,  thoiigh  ol^en  erroiMOUsly 
blended  with  it ;  it  will  clearly  appear,  however, 
that  the  rancor  produced  by  the  event  relatea 
has  operated  witli  many  now  in  power  in  stimu- 
lating the  present  persecution,  the  ciroumstancea 
leading  to  which  are  as  follows : 


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ippsstuix. 


18M 


MHpnlMtMtMt  (^  A   ^w  JMnmIl 


In  1811,  Mr.  Bfoade  w«b  i^pointtd  asBigite  to 
tke  estate  of  James  W.  GUaae,  of  Cadis,  declared 
bankrapt  in  Baglaiid,  in  conteqiieace  of  his  eon- 
ftexkm  with  m  honse  of  Honter,  Rain^r,  and 
Co..  of  LoadoBj  against  whom  a  commission  of 
bankitipco^  had  issued ;  the  appointment  of  Mr. 
Meade  was  made  by  the  tribunal  of  eommeree 
of  Cadi^,  with  the  approbation  of  all  the  eredi* 
tors  in  Cadiz,  and  was  confirmed  by  the  assignees 
in  London— 4he  tribunal  of  commerce  having 
eoffnizanee  of  all  commercial  affairs  in  Spain, 
and  all  persons  carrying  on  trade  there  feven 
foreigners)  being  amenable  thereto.  Mr.  Meade 
gave  bonds,  accordingly,  to  take  charge  of  the 
estate,  and  to  be  responsible  solely  to  the  tribunal 
for  the  proceeds;  being  prohibited,  under  the 
penalty  of  the  bonds,  from  disposinff  of  the  funds 
without  the  sanction  of  the  tribunal. 

Haying  settled  the  affiurs  of  the  estate,  and  paid 
irfi  demands  thereon,  there  remained  in  his  hands 
about  fifty-two  thousand  dollars,  which  he  sev- 
eral times  petitioned  the  tribunal  to  be  permitted 
to  remit  to  the  asd|fnee8  in  London.  The  delavs 
attending  all  Spanish  proceedin|[s  prevented  tne 
petitions  being  acted  upon,  until  Mr.  Duncan 
Hunter,  one  of  the  prineip«ls  of  the  bankrupt 
kooae,  wu  sent  to  Cadiz ;  and  when  on  the  eve 
of  getting  the  business  settled,  Mr.  Glass,  (escap- 
ing from  his  bail  in  England,)  appeared  also  tn 
Cadiz,  and  laid  an  embargo  on  the  funds,  under 
the  pretence  of  hsving  been  illegally  included  in 
the  &inkroptcy.  John  MoDermot  was  appointed 
as  the  agent  of  Hunten  and  Mr.  Meade  ofiered 
to  pay  to  Hunter  or  McDermot  the  amount  in 
his  hands,  on  their  giving  bonds  satisfactory  to 
the  tribnnal  of  commerce,  in  lieu  of  hit  own. 
Those  persons  not  being  able  to  procure  such 
sureties  as  the  tribunal  would  accept,  that  body 
Middenly,  and  of  its  own  accord,  decreed  that  Mr. 
Meade  should^n  the  following  morninff,  place  the 
Bdoaey  in  the  king's  treasurjr,  until  McDermot  or 
Hunter  should  five  the  security  required ;  it  being 
declared  that  all  Mr.  Meade's  property  should  be 
f  Mtersoed  in  case  of  non-payns^ent  st  the  time 
liaaited.  In  pursuance  of  the  said  order,  Mr* 
Meade  made  the  deposits  on  the  following  morn- 
ing, and  presented  to  the  tribunal:  the  receipt  in 
which  the  treasurer  acknowledged  to  have  re- 
oeived  the  sum  in  <|ueation  by  order  of  the  tribn- 
ual,  to  be  held  subject  to  the  future  disposition 
'  of  that  body.  A  question  having  been  made,  at 
the  instigation  of  Mr.  McDermot,  whether  the 
sum  had  been  paid  into  the  treasury  in  spe- 
oie,  or  treasury  notes,  the  intendant  answered, 
to  the  official  inquiry  of  the  tribunal,  that  <*  the 
deposite  had  been  made  in  due  form  under  his 
inspection,  in  effective  specie;  and  that  when- 
ever the  tribunal  should  order  its  payment.  His 
B&ajesty  would  pay  it  in  the  same  coin." 

Notwithstanoing  this,  a  suit  was  brought 
against  Mr.  Meade  by  McDermot;  and  the  tri- 
bunal, aware  that  it  had  done  wrong  in  ordering 
the  deposite,  decided  that  Mr.  Meade  should  pay 
the'^money a  second  timet  An  appeal  was  en- 
tered from  this  decree  to  the  superior  tribunal, 
called  fdaxidaij  (Mr.  Meade  having  a  right  to 


that  aTOeal'by  the  seventh  and  twentieth  attieles 
of  the  Treat^  between  the  United  States  and 
Spain.}[  While  the  cause  was  there  pending, 
the  plaintiff  (through  the  Baglish  Minister)  pro- 
cured an  order  for  the  removal  of  the  case  to  the 
council  of  war  at  Madrid,  where  the  sentence 
was  confirmed.  Mr.  M^de  had  a  right  of  ap« 
peal,  but  was  refused.  He  petitioned  th^  ](iogt 
who  commanded  that  he  should  be  l^ard  by  ^e 
same  court;  but  as  Mr.  Meado  conceived  the 
judges  to  have  evinced  a  partiality  in  the  case, 
at  Mr.  Meade's  request,  five  new  judges  wtre 
added  to  the  five  of  which  the  court  was  befaie 
composed.  In  this  state  of  the  case,  McDenaot 
presented  a  petition,  suting  that  Mr.  Meade  wan 
about  to  leave  Spain,  and  praying  that  he  should 
be  compelled  to  pay  the  money  or  be  put  into 
confinement;  and  the  order  was  accordingly 
granted  (through  tha  ioAuence  of  the  British 
Minister)  by  the  five  primitive  judges,  though 
the  Kioff  hsd  expressly  decreed  that  no  measure 
should  oe  taken  in  the  case  of  Mr.  Mi^de  but 
with  the  presence  of  the  neiy  judges.  On  the 
2d  of  May,  1816,  Mr.  Meade  was  seized  and  im- 
prisoned m  the  castle  of  Sta.  Catalina,  at  Cadiz, 
confined  in  a  dungeon  with  a  sentinel  at  the  door, 
and  for  several  months  locked  up  at  night. 

The  Minister  of  the  United  States,  Mr.  Brv- 
iog,  has  made  strong  remonstrances  to  the  Span- 
ish Qovernment  against  these  unjust  and  crQel 
persecutions  of  an  American  citizen ;  those  re- 
monstrances have  drawn  from  the  King  an  order 
to  the  council  to  despatch  Mr.  Meade's  case; 
but  there  is  at  the  same  time  strong  reason  to 
believe  that  while  such  an  order  is  given  to  amuse 
the  American  Minister,  a  secret  order  is  given  to 
delay  the  decision,  as  the  present  state  of  the 
Treasury  would  render  the  payment  of  the  money 
inconvenient,  it  being  apparent  that  the  money 
must  be  paid  on  the  liberation  of  Mr.  Meade. 

For  corroboration  of  the  principal  foots  of  the 
foregoing  statement,  and  particularly  those  re^ 
specting  the  deposite,  and  the  circumstances  un- 
der which  it  was  made,  the  President  is  referred 
to  the  documents  herewith  sent,  (Nos.  1  to  7.) 
Copies  of  those  relating  to  Mr.  Brving's  corres- 
pondence with  the  Spanish  GKnrernment  have 
also  been  transmitted  to  the  Department  of  Sute 
at  Washington. 

The  undersigned,  in  making  this  appeal  to  tha 
President,  will  not  presume  to  add  a  swgle  ooaii> 
ment,  but  must  await  the  result  in  trembling 
anxiety.  She  cannot,  however,  avoid  respect- 
fully intimating  a  hope  that^  if  kindly  disposed 
to  act  efficiently  in  a  case  so  interestm|[  to  Mr. 
Meade  and  his  family,  the  President  will  adopt 
some  other  means  of  attaining  his  purpose  than 
through  the  agency  of  Mr.  Erving;  it  bein^  now 
perfectly  ascertained  that  the  representations  of 
that  gentleman  to  the  Spanish  Qovernment,  on 
Mr.  Meade's  case,  are  not  received  wiih  that  re- 
spect,  or  auended  to  with  that  promptness  and 
desire  of  accommodation,  due  to  their  ju^ttoe,  to 
his  station  and  conduct,  or  to  the  character  of 
the  country  he  represents.  On  the  contrary,  M» 
communications  have  been  treated  with  marked 


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1881 


APPENDIX. 


1882 


ImpHBoimeni  qf  JR.  W.  Mmda. 


dittegard,  or  aniwered  by  triiing  equiToeatioDs, 
uksomiieh  u  to  render  hit  «z«rtioiit,  bowerer 
well  iateDded  and  spirited,  utterly  uteleit. 
MARGARET  MEADE, 
Wife  of  Richard  W.  Meade. 

Copy  of  an  official  Utter  addressed  htf  Don  Victor 
Soret,  JVeasurer  General  of  Spain  fir  the  year 
1817,  to  the  Jhuisurer  of  the  Revenue  or  Promndal 
Rents  qf  Cadiz. 

Madbid,  April  23. 1817. 
By  return  of  post,  without  fail,  you  will  please 
state  if  the  deposite  ezisu,  as  yet,  which  R.  Meade 
BHMJe  on  the  19th  FebruarjTi  1814,  of  1,050,327 
reab  and  20  mararedis,  in  Tirtueorm  sentence  of 
the  royal  tribunal  of  the  consulado  of  the  day 
prior  tnereto.  Qod  preserre  you  many  years. 
VICTOR  SORET. 

[answeb.] 

Cadiz,  April  29^  1817. 
In  the  moment  that  I  received  your  official  let- 
ter of  the  22d  of  the  present  month,  relative  to 
the  deposite  of  R.  Meade,  I  sent  a  copy  of  said 
letter  to  the  Administrator  Greneral  of  the  Reve- 
nue of  the  Province,  on  the  28th  of  the  same 
month,  in  consequence  of  all  the  archives  corres- 
ponding to  the  year  in  which  the  said  deposite 
was  made  existing  in  his  department  and  under 
his  control  i  and  under  this  date  he  answered  me 
as  follows : 

"  GbNBRAL  AnSflMiaTBATION   OF  TBS 

Rents  of  the  PaoviMOB. 
"  By  the  archives  of  judicial  depositee,  and  cor- 
responding to  the  year  1814,  which  exist  in  this 
Administration,  it  appears  unquestionably  that  R. 
Meade  deposited,  on  the  19th  February  of  said 
year,  in  virtue  of  a  sentence  of  the  royal  tribunal 
of  the  consulado  of  the  day  before,  the  sum  of 
1.050,327  reals  of  vellon  and  20  maravedis;  and 
tnat  no  sum  has  ever  been  returned,  to  the  pre- 
sent day,  on  account  of  said  deposite,  which  I 
beg  leave  to  state  in  answer  to  your  official  letter 
of  yesterday,  in  which  you  transmit  me  a  copy 
of  the  letter  received  by  you  from  the  Treasurer 
General  of  the  22d  of  this  month. 

'*  God  preseve  you  many  years. 

"ANTONIA  YSARBB." 
and  which  I  therefore  beg  leave  to  transcribe  to 
yoUrU  an  answer  to  your  official  letter. 
God  preserve  you  many  years. 

B.  ELERS.  Treoiurer  qf  Cadiz. 
Cadiz,  April  29, 1817. 

An  exact  copy.  R.  W.  MEADE. 

rOorreflpondence  referred  to  by  Mr.  Erviog,  in  his 
ktter  of  the  14th  March.] 

Copy  of  an  official  letter  addressed  by  Don  Julian 
Fernandez  ffancarrsfe^  Treasurer  General  of  Spain 
fir  the  year  1816,  to  the  Prior  and  Consuls  of  the 
Royal  Tribunal  of  Commerce  of  Cadiz,  and  their 
muufcr. 

Madrid,  November  19, 1816. 
In  order  to  answer  with  due  or  correct  know- 
ledge a  certain  information  or  request  which  has 


been  demanded  of  me  by  my  auperiors,  with  the 
least  possible  delay,  yon  will  bt  pleased  to  inform 
me,  as  early  as  poesible^  whetner,  by  or^nr  ot 
your  tribunal,  R.  Meade  made  a  depoeite  in  the 
treasury  of  royal  finances,  of  in  that  of  the  rare* 
nne?  of  what  amount  said  depoeite  wasi  if  it 
exisu  at  present?  and  whether  there  is  any  im- 
pediment to  returning  the  same  to  him  ? 

Gk>d  preserve  you  many  years. 

J.  P.  NAVARRETE. 

An  exact  copy.  R.  W.  MEADE. 

[aEFLT.] 

Cadiz,  November  29, 1816. 

Under  date  of  the  19th  instant,  you  were  pleased 
to  say  to  this  royal  tribunal,  that,  in  order  to 
answer  certain  information  which  nad  been  de* 
manded  by  your  superiors,  this  tribunal  should 
state  whether  it  viras  true  that,  by  its  order,  R. 
Meade  had  made  any  deposite  in  the  royal  trea* 
sury  of  finance,  or  that  or  the  revenue  7  of  what 
amount  it  consisted?  if  It  existed  at  present? 
and  if  there  was  any  impediment  to  its  being  re> 
turned  to  him  ? 

In  reply  to  these  questions  the  Consulado  bega 
leave  to  state  that,  at  the  suit  of  John  McDermot, 
who  claimed  from  R.  Meade,  for  balance  of  ac- 
counts, the  sum  of  1,090,327  reals  of  vellon  and 
16  maravedis:  In  the  course  of  the  proceedings 
this  tribunal  gave  its  sentence,  commanding  It. 
Meade  to  deposite  the  aforesaid  sum  in  the  royal 
treasury  of  the  revenue ;  and  this  was  done  in 
treasury  notes  of  effective  cash,  which  said  Meade 
had  to  receive  from  said  department;  and  the 
deposite  was  thus  made,  the  treasurer  obliging 
himself  to  hold  the  amount  at  the  disposition  of 
this  tribunal.  The  sum  deposited  subsists;  and 
thouffh  McDermot  afterwards  pretended  that  R. 
Meade  should  deliver  him  said  sum,  without  re- 
gard to  the  deposite,  it  did  not  take  place,  on  ac- 
count of  R.  Meade  bavins  appealed.  Tne  said 
Meade  applied  to  His  MaJestV}  and,  through  the 
minister  of  finance,  there  was  issued  a  rojralorder, 
dated  10th  August  1815,  in  which  it  was  com«> 
manded,  that,  in  the  mean  time,  that  funds  could 
be  collected  wherewith  to  return  the  aforesaid 
deposite,  this  tribunal  should  suspend  its  proceed- 
ings. This  tribunal  consulted  the  supreme  coun- 
cifof  war  on  this  point,  and,  in  virtue  of  a  de- 
spatch, (of  which  the  adjoined  is  the  literal  eopir,) 
they  submitted  the  auto  or  proceedings  to  the 
supreme  council,  as  commanded  by  said  royal 
order.  The  supreme  council  makes  merit  of  the 
same  in  the  aroresaid  document;  and  it  is  the 
strongest  proof  that  the  deposite  exists  at  the  dis- 
position of  this  tribunal,  from  the  cireumstanee 
of  the  aiuto  or  suit  being  still  pending  in  the  ap- 
peal before  the  supreme  council.  This  tribunal 
cannot  resolve  to  whom  the  sum  so  deposited  is 
to  be  returned ;  and^  whilst  the  suit  is  dependent 
upon  the  appeal,  this  tribunal  cannot  regulate  its 
sentence  or  proceedings. 

MIGUEL  DE  MARRON. 
NICHOLAS  BLANCO. 

An  exact  copy.  R  W.  MBADB. 


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188S 


APPENDIX. 


1884 


hnprisanment  <f  I?.  W.  Muuie, 


Mr.BrvktgU)MiJBxt$lien9yIhnJo$iPi9ano,Fir$i 
Sdwtitu'jfof  State* 

Madbid,  June  29, 1817. 

Sib:  My  last  note  to  voa  on  the  case  of  R.  W. 
Meade,  was  on  the  9th  May ;  that  mresentation 
induced  your  Excellency  to  repeat  His  Majesty's 
orders  to  the  council  of  war.  to  the  end  that  it 
might  forthwith  evacuate  the  consulta,  which 
has  heen  so  long  demanded  from  it.  It  was  to 
be  expected,  in  a  case  of  this  urgency,  where  the 
liberty,  fortime,  health,  and  domestic  nappiness  of 
an  innocent  man  had  been  wantonly  sacrificed, 
thnt  the  tribunal  would  hare  hastened  to  repair 
the  errors  which  it  had  fallen  into,  more  particu- 
larly as,  in  the  name  of  my  Gorernment,  I  had 
demanded  the  liberty  of  thus  indiridual.  It  was 
not,  howerer,  till  the  26th  May  that  the  fiscal's 
dictamen  was  given ;  that  document,  after  a  rain 
aKempt  to  jusUfy  the  anterior  proceeding  com- 
plained of, concluded  in  these  words*:  <'Pero 
en  el  dice  quano  existe  el  deposito  como  si  fuese 
dinero  efectiro  segun  expone  el  Tesorero  Gene- 
ral jr  quando  el  Consulado  asegura  que  preceptu6 
&  Meade  verificase  el  denosito  en  tesoreria  de  ren- 
tas,  parece  que  habienao  cumplido  con  ambos 
extremos  no  debe  continuar  pir  mat  tiempo  9U 
arrmto.^ 

The  conclusion  which  the  fiscal  has  thus  ar- 
rived at,  and  the  facts  on  which  he  has  founded 
it,  were  as  true  twelve  months  ago  as  they  are 
now.  In  fine,  here  is  a  confession  of  the  fiscal 
himself,  according  to  which  there  is  no  ground 
for  continuing  the  imprisonment  of  Mr.  Meade 
&  single  moment ;  but  though  the  dictamen  was 
ffiven  on  the  26th  of  May,  Mr.  Meade  has  not 
been  released.  I  therefore  pray  that  your  Excel- 
lency would  be  pleased  to  order  that  the  council 
act  in  conformity  to  it,  without  the  least  delay. 

I  renew  to  your  Excellency  assurances  of  my 
most  distinguished  consideration,  &c. 

GEORGE  W.  ERVING. 

The  SeertUury  of  State  to  Don  LuU  de  Omi,  Enoojf 
ExtfraarMnary  and  BBnidet  Pienipcteatiaty  from 
Spam. 

Wasbimctom,  />ooifii6er  26, 1817. 

8ib:  I  am  directed  by  the  President  of  the 
United  States  to  invite  voir  immediate  atten- 
tion, and  to  UTffe  that  or  your  Government,  to 
tfa0  ease  of  Richard  W.  Meade,  a  citizen  of  the 
United  States,  who  has  been  confined  since  the 
2d  of  BAay,  1816^  in  the  prison  of  Santa  Catalina, 
at  Cadiz. 

It  has  been  repeatedly  represented  to  your 
Government,  by  the  Minister  of  the  United 
8tatet  at  Madrid,  that  the  imprisonment  of  this 
person  wis  under  a  sentence  of  a  tribunal  at 

*  **Ba%,  aft  present,  while  the  deposite  exists  as  if 
1ft  eflecUpe  money,  as  eel  forth  by  the  Tieasurer  Pen* 
eral,  aad  while  the  Oonsnlido  decUies  that  they  or- 
dered Meade  to  make  that  dqpodte  in  the  pcoviadal 
tnaaarj,  it  appeals  that,  hav&g  complied  with  both 
oeteo,  Ue  aROBt  end  kiprisonnMnt  shMild  not  be  eon- 
imedaiiyloiifer." 


Cadiz,  condemning  him  to  pay  a  second  time  a 
sum  of  money  which,  bv  virtue  of  a  pior  decree 
of  the  same  tribunal,  he  had  already  paid  into 
the  royal  treasury.  This  fact  has  never  been 
denied  or  contested  by  your  Gk^vemment.  It 
has  been  proved  to  them  by  the  attestations  and 
certificates  of  their  own  officers. 

It  was  to  have  been  presumed  that,  upon  the 
first  moment  that  such  a  fact  was  authentically 
presented  to  your  Government,  an  order  wouM 
instantly  have  issued  from  it  for  the  discharge  of 
Mr.  Meade  from  his  imprisonment.  The  Freii* 
dent  regrets  that,  after  so  many  and  such  urgent 
representations  in  his  behalf,  by  the  Minister  of 
the  United  States  at  Madrid,  it  should  yet  be 
necessary  to  address  this  call  upon  the  moat 
common  principle  of  justice  to  you.  I  am  in- 
structed by  him  to  say  that,  in  renewing  this 
demand  for  Mr.  Meade's  immediau  liberation, 
he  confidently  expecu  it  will  not  be  in  vain. 

I  pray  you,  sir,  to  accept,  dbc* 

J.  d.  ADAMS. 

The  Chevalier  Dan  Lute  de  Onis  to  the  Secretary  of 
State. 
Wabbington,  December  29, 1811.    , 

Sin :  I  have  received  your  note  dated  the  26th 
of  this  month,  in  which,  by  order  of  the  Presl* 
dent,  you  communicate  to  me  what  appears  to 
have  taken  place  in  Spain,  in  the  case  of  a  law- 
suit affainst  Richard  W.  Meade,  a  citizen  ef 
these  States,  in  order  that  I  should  make  the  ne- 
cessary representations  on  this  subject  to  the 
Kinff,  my  master,  and  solicit  his  releue  from 
confinement. 

In  compliance  with  the  wishes  of  the  Presi- 
dent, and  yours,  sir,  I  shall,  with  great  pleasmre, 
make  this  request  in  favor  of  Mr.  Meade,  al- 
though I  am  not  informed  of  the  details  of  the 
suit  instituted  aj^inst  him,  nor  of  those  which 
have  produced  his  confinement. 

Confiding  in  the  just  intentions  of  the  King,- 
and  his  high  consideration  for  the  United  States, 
I  must  hope  that  His  Majesty  will  attend  effiea* 
ciouslfto  this  request,  and  so  use  bis  authority 
in  having  justice  promptly  done  to  Mr.  Meade, 
that  the  laws  may  oe  observed  with  the  strtetest 
impartiality,  and  no  motive  or  pretext  whatever 
left  to  doubt  of  the  immaculate  (aoendrada) 
purity  which  has  ever  been  acknowledged  as  the 
particular  atuibote  of  the  Spanish  magistracy. 

I  renew  my  respects  to  you,  sir,  and  pray  God 
to  preserve  you  many  years. 

LUIS  DE  ONIS. 

fThe  following  reports,  on  die  same  subject,  were 
made  the  S4th  of  March,  and  4di  of  April,  1818.] 

Ill  SaiCATfi  QP  TBB  Ulf ITEO  StATEB, 

ilforc4  24^1818. 

The  Committee  of  the  Senate  on  Foreign 
Relations,  to  whom  was  referred  the  petition  of 
sundry  citizens  of  Philadelphia,  aaking  the  in- 
terposition of  Congress  in  behalf  of  Richard  W« 
Meade,  an  American  citizen,  unjustly  and  wan* 

Digitized  by  VjOOQIC 


1836 


APPENDIX. 


1881 


/mpriaonment  of  R.  W.  Meade, 


tooly  confiDed  in  a  duDgeon  in  Spain,  bjr  ihe 
authority  of  that  QoverDment,  have  given  to  the 
subject  the  deliberation  its  importance  deserved, 
and  beg  leave  to  submit  the  following  report : 

It  appears  from  the  documents  that  R.  W. 
Meade  is  an  American  citizen,  who  went  to 
Spain  in  the  year  1803  on  lawful  business ;  that, 
in  the  year  1806,  such  was  the  confidence  of  the 
Government  in  his  integrity,  that  he  was  ap- 
pointed navy  agent  for  the  United  States  at  the 
|K>rt  of  Cadiz ;  a  station  which  he  held  until  the 
time  of  his  confinement.  Such  was  the  cor- 
rectness of  his  deportment,  as  to  have  been  ap- 
pointed by  the  tribunal  of  commerce  at  Cadiz, 
with  the  consent  of  all  the  parties  concerned, 
assignee  of  a  bankrupt,  the  amount  of  whose 
estate  involved  a  high  responsibility.  He  per- 
formed the  duties  thus  devolved  upon  him  hon- 
estly ;  and  having  collected  for  distribution  fifty 
thousand  dollars,  he  several  times  petitioned  the 
tribunal  to  permit  him  to  remit  this  sum  to  the 
creditors  of  the  bankrupt  resident  in  England; 
the  only  proper  course  left  him  to  pursue,  inas- 
much as  he  had,  when  appointed  agent  of  the 
bankrupt,  given  his  bond  to  that  tribunal  condi- 
tioned to  take  charge  of  the  efiects  of  the  baok- 
Tupt,  and  to  be  responsible  solely  to  the  tribunal 
for  tne  proceeds,  being  prohibited  under  the  pen- 
alty of  the  bonds  from  disposing  of  the  funds 
without  the  sanction  of  the  tribunal.  A  contro- 
versy having  arisen  between  the  creditors  and 
bankrupt  about  the  distribution,  Meade  offered 
the  money  to  either,  if  they  would  give  a  bond, 
with  sureties,  to  the  satisfaction  of  the  tribunal 
of  commerce,  by  which  his  own  might  be  can- 
celled. This  they  were  unable  to  do.  The  tri- 
bunal, of  its  own  accord,  and  unexpectedly,  de- 
cided that  Meade  should,  on  the  following  morn- 
ing, place  the  money  in  the  King's  treasury  until 
the  parties  litigant  should  give  the  security  re- 
quired ;  it  being  declared  that  all  Meade's  prop- 
erty should  be  sequestered  in  the  case  of  non- 
payment at  the  time  limited.  The  money  was 
forthwith  paid  by  Meade  into  the  treasury,  in 
treasury  notes  equal  to  specie,  and  hence  acknowl- 
edged by  the  Treasurer  that  the  deposite  had 
been  made  in  due  form,  under  his  inspection,  in 
eifective  specie ;  and  that  whenever  the  tribunal 
should  order  its  payment,  His  Majesty  would 
pay  It  in  the  same  coin. 

Notwithstanding  this  judgment,  and  the  dis- 
charffe  thereof,  by  the  payment  aforesaid,  Mr. 
MclTermot,  the  agent  for  the  British  creditors, 
brought  suit  against  Meade  in  the  same  court  to 
recover  the  very  sum  he  had  heretofore  paid  in 
conformity  to  its  own  judgment.  The  court 
awarded  judgment  against  Meade  a  second  time 
for  this  money.  The  latter  appealed  to  the  supe- 
rior tribunal,  called  alzadaa.  During  its  pen- 
dency, it  is  charged  by  Meade  that  the  cause 
was  removed,  by  the  interposition  of  the  British 
Minister,  to  the  council  of  war ;  and  by  the  same 
interposition  his  arrest  and  confinetneat  weva 
procured,  from  which  he  could  be  reliaved  only 
by  a  repayment  of  the  money.  He  baa  ian« 
goished  in  conflttemect  from  tfoa  Sd  x>f  May, 


1816,  down  to  the  last  accounts  from  tJ^ata. 
The  representative  of  this  nation  at  that  Court 
has  repeatedly  appealed  to  His  Catholic  Majesty 
for  the  relief  of  Meade,  and  the  app<Hd  has  been 
in  vain;  the  Court  of  Spain  havinj;  refused 
either  to  restore  the  money  deposited  in  its  own 
treasury,  by  order  of  its  own  competent  judicial 
authority,  or  to  release  the  person  of  Meade  from 
the  long  confinement  to  which  he  has  been 
doomed.  And,  finally,  the  President  of  the  Uni- 
ted States,  whose  peculiar  prorince  it  h  to  take 
cognizance  of  subjects  of  this  kind,  has  caused 
a  representation  on  the  subject  to  be  made  to  the 
Minister  of  Spain  to  the  United  States,  demand- 
ing his  immediate  liberation.  Nothing  but  a 
confidence  that  this  representation  will  produce 
the  desired  result  would  have  restrained  your 
committee  from  recommending  the  adoption  of 
measures  of  severe  retribution. 

Your  committee  are  of  opinion  that  it  is  due 
to  the  dignity  of  the  United  States  to  adopt,  as  a 
fundamental  rule  of  its  policy,  the  principle  that 
one  of  its  citizens,  to  whatever  region  of  the 
earth  his  lawful  business  may  carry  him,  aad 
who  demeans  himself  as  becomes  his  character, 
is  entitled  to  the  protection  of  his  Gh>verBmen^ 
and  that  whatever  intentional  injury  may  be 
done  him  should  be  retaliated  by  the  employ- 
ment, if  necessary,  of  the  whole  force  of  the 
nation. 


In  the  House  of  Repbbbbiitativm, 

i!pr»{  4, 1818. 

The  committee  to  whom  were  referred  a  reso- 
lution of  the  12th  of  February,  and  a  memorial 
from  a  number  of  citizens  of  the  United  States, 
residing  in  the  city  of  Philadelphia,  relating  to 
the  imprisonment  of  Richard  W.  Meade,  report : 

That,  upon  an  examination  of  the  documents 
communicated  to  the  House  by  the  President, 
the  following  facts  appear : 

On  the  second  day  of  May,  181&  Richard  W. 
Meade,  a  native  citizen  of  the  United  Skates, 
who  has  resided  in  Cadiz  for  some  years  Mat. 
was  arrested  and  closely  confined  in  the  castte  oi 
St.  Catalina,  which  is  described  by  the  Minister 
of  the  United  States  at  the  Court  of  Spain  as  a 
felon's  prison.  At  the  time  of  the  anett  Mr. 
Meade  was  the  navy  agent  of  tha  United  States 
at  the  port  of  Cadiz,  and  acted  as  eoasular  agent, 
under  an  authority  derived  from  Mr.  Cathcart, 
the  Consul  of  the  United  States  at  that  place, 
and  with  the  approbation  of  the  Spanish  author- 
ities ;  Mr.  Cathcart  having  appointed  him  to  act 
in  his  stead,  during  his  absence  upon  a  visit  ho 
made  to  the  United  States.  Mr*  Meade  doesaoc 
appear  to  have  ever  renounced  his 'character  of 
a  citizen  of  the  United  States,  nor  to  have  ac- 
cepted from  any  foreign  Power  any  ri^  or 
privilege,  nor  to  hare  contracted  any  obligaliom 
that  could  for  a  okoment  make  his  citisaaskip 
doubtful,  or  impair  the  claim  lie  has  u^a  hiia 
eoantry  for  pcoteetion. 

fikwn  after  his  coafinemeat  burao,  iieorgc  W. 
Erving,  Minister  of  the  United  ftiatea  at  tke 


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1818 


Oonrt  of  Spsio,  iaterposei  to  obistn  his  iibftim* 
tioi^  and  fmn  Um  27th  of  Aigvst,  1816,  to  the 
Ml  ^  May,  1617,  mado  raipeated  and  caraett 
amdieatioBs  to  the  pobUe  faneuonaries  of  Spaio, 
cHdiaiDg  his  release,  as  a  eitiaeD  of  the  United 
States  aojastlj  deprived  of  liis  liberty.  It  is 
ehieijr  ffom  this  eorreepondeace,  accompaayiiig 
the  Meattge  of  the  Presideat,  that  the  eommittee 
hare  beea  able  to  obtain  any  knowledffe  of  the 
eames  tbat  led  to  Mr.  Meade's  arrest  and  impris- 
eBinenL 

Mr.  Meade,  it  seems,  bad  been  regalarly  ap- 
pointed assignee  at  Cadiz  of  the  estate  of  James 
W.  Cilass,  declared^  a  bankropt  in  England,  and 
in  that  capacity  J  after  faithtnlly  ezecnting  bis 
duty,  there  remained  in  his  bands  a  sum  of  about 
462,000  belonging  to  tbe  estate,  wbich  there  is 
reason  to  beliere  was  tbe  subject  of  controrersy 
between  different  claimants.  There  is  no  com- 
plaint or  suggestion  that  Mr.  Meade  improperly 
retained  tbis  mooey  in  bis  hands,  or  was  pre- 
vented from  paying  it  over  by  any  consideration 
bat  that  of  a  Just  regard  for  his  own  security, 
which  did  not,  under  the  then  existing  circum- 
stances, permit  him  to  part  with  tbe  lund ;  and 
it  aeems  that  he  could  not  under  any  circum- 
sunces  pay  the  money,  without  tbe  consent  and 
direction  of  tbe  Consukdo  of  Cadiz. 

In  this  state  of  tbings,  on  tbe  18tb  of  Febru- 
arj,  1814  tbe  ConsuUdo  of  Cadiz,  a  tribunal 
wnose  jurisdiction  over  tbe  matter  does  not  ap- 
pear to  be  questioned,  made  a  summary  order, 
requiring  Mr.  Meade,  within  a  limited  and  very 
short  time,  (about  twenty-four  boors,)  to  depos- 
ite  the  ahorementioned  sum  of  mone^r  in  tbe 
treasury  general  of  tbe  province.  With  this 
order  Mr.  Meade  complied  on  tbe  following  day. 
The  fact  of  his  compliance  was  vouched  at  the 
time  by  tbe  asaal  and  authentic  evidence  from 
tbe  proper  officer,  and  has  since  been  satisfacto- 
rily e«tablisbed,  in  the  manner  that  will  hereafter 
appear. 

The  Consulado,  by  its  own  act,  in  taking  the 
fund  from  the  hands  of  Mr.  Meade,  and  causinff 
U  to  be  deposited  in  the  public  treasury,  would 
seem,  upon  every  just  principle,  to  have  libera- 
ted him  from  further  aecounubility.  That  tri- 
boaal,  nevertheless,  soon  after  entertained  a  new 
proceeding  against  Mr.  Meade,  at  the  instance  of 
a  certain  John  McDermot.  tbe  agent  of  Duncan 
Hunter,  having  £ot  its  object  to  compel  him  to 

gay  to  tbe  Consulado  the  same  amount  which 
e  had  beea  previously  ordered  to  pay,  and,  un- 
dir  their  order^  bad  already  paid  into  tbe  public 
treasury ;  that  is,  in  substance,  to  pay  the  same 
sum  a  second  time.  The  Consiuado  made  a 
decree  against  him  to  that  effect.  From  this  de- 
cree Mr.  Meade  appealed  to  the  superior  tribunal 
of  the  province,  called  the  alzadas^  ^  but  its  in- 
terference was  overruled  by  the  tribunal  of  war 
at  Madrid^  and  this  latter  confirnMd  the  sentence 
of  the  Consulado  at  Cadiz.'' 

On  the  4th  of  August,  1615,  a  royal  decree 
waa  istaed,  -suspandiaf  tha  further  proceedings 
•f  iha  OoMolado  against  Mr.  Meade,  umil  finras 


could  be  eoUeeted  by  the  treasury  to  restore  the 
debosite  made  by  Mr.  Meade. 

From  the  date  last  mentioned,  (4th  of  Augusti 
1815,)  it  does  not  appear  that  any  proceemngs 
took  place  until  the  2d  of  May.  1816,  when  the 
tribunal  of  war  issued  tbe  order  under  which 
Mr.  Meade  was  arrested  and  continues  to  be 
imprisoned. 

This  order  was  founded  upon  a  suggestion 
made  by  McDermot,  that  Mr.  Meade  was  about 
to  leave  tbe  Kingdom,  and  required  him  to  ^  da* 
liver  up  the  aforesaid  deposite,  (meaning  tha 
money  belongins^  to  tbe  bankrupt's  esute,)  in 
like  manner,  and  in  tbe  same  specie,  as  he  had 
received  it,  or  to  give  full,  clear,  and  sufficient 
security,  to  the  satisfaction  of  tne  tribunal  of 
commerce  at  Cadiz;  and,  in  default  thereof,  to 
be  removed  to  a  public  prison,  to  prevent  all 
evasion  of  the  sentence  against  him.''  It  is  un* 
derstood  that  the  tribunal  would  receive  nothing 
as  satisfactory  security  bat  a  deposits  of  specie* , 
Tbe  proceeding  of  tbe  tribunal  of  war  is  ap- 
parently so  destitute  of  all  foundation  in  justice^ 
and  so  plainly  contradictory  to  the  royal  decree 
of  the  4th  August)  1815^  that  it  becomes  necessa* 
ry  to  examine,  for  a  moment,  the  only  sufffjestioa 
baaring  tbe  semblance  of  a  vindication  o7  it  tfaAl 
has  been  ofifored  on  the  part  of  the  Spanish  au* 
thorities. 

Den  Pedro  Cevallos,  in  his  note  to  Mr.  Bt ving 
of  tbe  10th  September,  1816,  allejgres  *<  that  Mr. 
Meade  attempted  to  restore  (aUudmg  to  the  pay- 
ment into  the  Treasury)  the  money  demanded  of 
him,  in  credits  of  the  Treasury."  The  precise 
import  of  this  allegation  may  be  understood  to 
be,  that  Mr.  Meade  had  made  the  deposite  in 
Gtoverament  paper,  instead  of  making  it  in  specie. 
That  Mr.  Meade  made  the  deposite  in  what 
was  equivalent  to  specie,  and  was  received  as 
such  by  the  officer  authorized  to  receive  it,  is  per- 
fectly clear.  Tha  latendant  of  the  Treasury  gave 
him  a  receipt  for  the  deposite.  made  pursuant  to 
the  order  or  the  Consulado.  In  answer  to  an  ior- 
quiry  soon  after  directed  by  the  Consulado,  tha 
same  officer  replied,  that  the  deposite  hadoe^Ni 
made  in  effective  specie,  and  that  he  would  re- 
spond for  the  specie.  The  royal  order,  or  decieoi 
of  the  4th  August,  1815.  is  founded  upon  the  ad- 
mission of  tha  same  fact.  But  there  is  still  twh 
ther  evidence,  though  farther  evidence  wotdd 
seem  to  be  unnecessary.  In  November,  1816,  the 
Treasurer  Qeneral  of  Spain  distinctly  put  tbe 
questions  to  the  Consulado,  whether  the  deposite 
had  been  made  ?  whether  it  still  existed  7  and 
whether  there  was  any  impediment  to  its  return  f 
That  tribunal,  with  equal  distinctness,  replied, 
that  the  deposite  was  made,  pursuant  to  their  or- 
der. "*  in  Treasury  notes  of  effective  cash,  which 
said  Meade  had  to  receive  from  said  Department, 
and  the  deposite  was  thus  made :  the  Treasurer 
obliging  himself  to  hold  tbe  amount  at  the  dispo- 
sition of  tbis  tribunal."  They  state,  also,  that  the 
deposite  still  exists  at  their  disposition,  and  that 
they  cannot  resolve  to  whom  it  is  to  be  returned. 
And.  again,  on  the  29th  April,  1817,  the  treasurer 
of  the  reveaue,  or  provincial  rents  of  Cadia, 


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.  states  expiicitlf  to  the  Ti«asurer  Gkaerai  of 
Spain,  that  the  deposite  had  beea  made,  a&d  had 
not  been  retarned. 

Wiih  such  an  aceamulatton  of  eTidence  from 
soQiees  of  unquestionable  aatheniicitr,  and  whol- 
ly uncontradicted,  to  show  that  the  deposite  had 
Men  made  in  what  was  equivalent  to  specie, 
and  receired  as  specie,  and  that  the  Treasury  be- 
came, and  acknowledged  itself  to  be,  answerable 
for  4he  amount,  it  is  almost  superfluous  to  add  a 
femark,  which  the  course  of  the  business  very 
naturally  presents,  tending  to  the  same  result. 
If  the  order  made  by  the  Consulado  in  the  first 
instance  had  not  been  complied  with^  that  tribu- 
aal  would  hare  proceeded  to  enforce  its  authority 
by  summary  and  direct  compubion;  in  other 
words,  it  would  have  used  the  means  with  which 
it  is  invested  by  law  to  compel  Mr.  Meade  to  do 
exactly  what  that  order  required.  This  would 
have  produced  an  immediate  inquiry  whether  he 
had  or  had  not  complied,  and  would  have  enabled 
Mr.  Meade  to  Justify  himself.  The  resort  to  an 
irregular  and  arbitrary  course,  which  avoids  that 
question,  afibrds  the  strongest  reason  to  believe 
that  the  allegation  of  Mr.  Cevallos  was  known 
to  be  untenable*  In  fact,  that  allegation  has  since 
been  wholly  abandoned ;  for,  in  the  three  notes 
subsequently  addressed  to  Mr.  EIrving,  in  reply 
to  his  urgent  remonstrances,  one  by  Mr.  Cevallos, 
and  t^o  oy  his  successor,  Mr.  Pizarro,  it  is  not 
even  alluded  to. 

It  is  impossible^  however,  to  avoid  remarking 
the  extraordinary  character  of  one  of  the  questions 
put  to  the  Consulado  in  November,  1816,  and  the 
still  more  extraordinary  character  of  the  answer. 
The  inquiry  alluded  to  was,  whether  there  was 
any  impediment  to  its  (the  deoosite^  being  re- 
turned ?  The  answer  is,  that,  trom  the  circum- 
sunces  of  the  suit  still  pending,  this  tribunal  can- 
not resolve  to  whom  the  sum  so  deposited  is  to 
be  returned.  Why  Mr.  Meade  should  be  impris- 
4)ned  pending  that  suit,  which  was  to  determine 
to  whom  thcv  money  in  the  Treasury  was  to  be 
paid,  is  a  question  that  seems  to  admit  of  no 
answer  that  is  reconcilable  with  common  justice, 
more  especially  as  the  same  document  implies 
that  the  Treasury  was  to  pav  the  money  as  soon 
as  the  suit  should  be  decided,  and,  of  course,  the 
object  of  the  suit  was  not  to  coerce  Mr.  Meade  to 
pay,  but  simply  to  determine  who  was  to  have 
the  money  from  the  Treasury. 

There  is  still  another  view  of  this  matter  which 
the  committee  think  it  proper  to  submit,  and 
which  they  deem  of  itselt  decisive  to  establish 
the  flagrant  injustice  of  Mr.  Menders  imimson- 
■lent.  If  the  deposite  was  made  in  paper,  it  is 
beyond  a  doubt  that  the  paper  was  the  evidence  of 
a  debt  due  from  the  Treasury  to  Mr.  Meade,  and 
the  receipt  of  it  amounted  to  nothing  more  than 
a  payment  of  what  was  justly  due  to  him ;  In 
fact,  it  was  the  same  thing  as  if  the  Treasury  had 
paid  him  the  money,  and  he  had  immediately 
after  repaid  the  same  money  to  the  Treasury. 
The  Treasury,  therefore,  had  no  just  cause  to 
comnlain.  It  is  equally  evident  that  the  in- 
dividual interested  in  the  deposite  (Mr.  McDer- 


mot,  or  his  eooetituent)  had  no  rtaaon  to 
plain.  Whether  the  deposite  was  nude  in  speeiei 
or  in  what  was  equivalent  to  specie,  or  how  it 
was  made,  could  not  be  material  to  hin,  provided, 
it  was  so  made  as  to  give  him  a  right  to  call  apoQ 
the  Treasury ;  that  is,  to  make  him  a  creditor  oi 
the  Treasury  for  the  amount,  in  case  of  an  event- 
ual decision  in  his  favor.  That  this  was  the  ef- 
fect of  the  deposite  made  by  Mr.  Meade,  and  t»* 
ceived  by  the  Treasurer,  is  not,  and  cannot  be 
disputed.  The  Treasurer  cancelled  |he  securities 
deposited,  and  engaged  to  respond  for  theampvnt 
in  specie. 

It  the  Treasury  of  Spain  had  been  ready  and 
willing  to  fulfil  this  engagrfnent,  Mr.  Meade's 
imprisonment  could  not  have  continued  for  a 
single  moment ;  and  it  is,  therefore,  evident  that 
he  IS  kept  in  confinement  simply  because  it  is  not 
convenient  for  the  treasury  to  pay  the  money. 
And  your  committee  are  well  assured  that  the 
€k>vernment  of  Spain,  aware  that,  let  the  deci- 
sion be  what  it  might,  the  rayai  treasury  would 
be  called  on  to  pay  money  in  dlsput^  nigis,  by  a 
secret  exertion  or  the  authority  which  it  possesses 
over  the  proceedings  of  the  tribunals,  commanded 
"  the  business  to  be  prolonged  as  much  -as  pos- 
sible." 

In  every  ptoint  of  view,  then,  in  which  the  case 
can  be  considered,  your  committee  can  discover 
no  justification  for  the  imprisonment  and  suflTer- 
ings  of  Mr.  Meade.  It  does  not  appear  that  he 
has  violated  any  civil  or  social  duty  whieh  he 
owed  by  the  laws  of  Spain,  and  for  which,  in 
the  ordinary  administration  of  justice,  he  might 
rightly  be  imprisoned.  They  are  satisfied,  too, 
that  the  continuance  of  his  imprisonment  is  de- 

gendent  upon  the  pleasure  of  the  Government  of 
pain,  and  that  his  liberation  may  at  any  time 
be  efiected  by  that  Government. 

Tour  committee  hope  and  believe  that  the  de- 
mand made  by  the  President  will  not  be  unavail- 
ing, but  they  think  it  proper,  at  the  same  time, 
on  the  part  of  this  House,  to  fire  assurance  of 
support  in  the  measures  that  may  become  neces- 
sary, in  case  this  expectation  should  be  disap- 
pointed. They,  therefore,  submit  the  following 
resolution : 

Resolved^  That  the  House  is  satisfied  that  the 
imprisonment  of  Richard  W.  Meade  is  an  act  of 
cruel  and  unjustifiable  oppression  :  that  it  is  the 
right  and  duty  of  the  Government  of  the  United 
States  to  afford  to  Mr.  Meade  its  aid  and  protec- 
tion ;  and  that  this  House  will  support  and  main- 
tain such  measures  as  the  President  may  hereaAer 
adopt  to  obuin  the  release  of  the  said  R.  W. 
Meade  from  confinement,  should  such  measorea 
be  proper  and  necessary. 


SPAIN— BLOCKADES. 

[Communicated  to  the  House,  February  17»  1818.] 
To  the  HouHof  Repmeniaiivesofthe  Vmted  SkiUi  - 

Conformably  with  a  resdution  of  the  House  of 
Representatives  of  the  6th  of  this  monlh,  I  nxm 


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1842 


IMoMofitvM  apcth^^Bhchadei. 


hj  btfon  that  Bmim  a  NfMfft  MOifrtd  tnm  ibt 
Saonury  of  Slate,  wiUi  a  ocpy  of  tht  totn* 
tpoodenee  teltritd  to,  and  rtqaesttd  hj  that  re* 


FaaaoAST  13, 1818. 


JAMBS  MONROE. 


Depabtmcmt  op  State,  Feb.  12, 1818. 
The  Secretary  of  State,  to  whom  was  referred 
the  refolotion  of  the  Hoose  of  Representati?es 
of  the  6th  of  this  month,  reqaesting  tae  President 
to  caose  to  be  laid  before  that  House  the  corre* 
spoadenee  with  the  Gtorernmeat  of  Spain,  to 
which  a  letter  of  the  Minister  of  the  United 
Sutes  at  the  Coart  of  Madrid,  of  the  85th  of  Oc- 
tober, 1816,  communicated  with  a  late  message 
of  the  President  to  that  House,  relates,  has  tne 
honor,  herewith,  to  submit  to  the  President  a 
copy  of  the  correspondence  requested. 

JOHN  Q.UINCY  AOAMS. 

The  ChevaHer  Don  Lows  de  OnU  to  the  Secretary  of 
State. 
Pbiladslpbia,  September  5, 1815. 

Sir  :  Under  the  date  of  dOth  June,  I  am  adris- 
ed  by  Lieutenant  General  Don  Pablo  Morillo, 
Capiain  General  of  Caraccas^  and  commander  of 
the  expedition  which  His  Mi^jesty  has  destined 
to  re-establish  tranquillity  at  Carthagena,  that, 
with  a  view  to  accelerate  this  im|)ortant  object, 
he  is  about  to  establish  the  most  rigorous  block* 
ade  of  the  poru  of  the  rieeroyalty  of  Santa  Fe, 
iaelndiof  Carthagena,  and  that,  in  consequence, 
erery  neutral  reasel  which  shall  be  fouad,  not 
only  in  those  ports,  but  on  those  coasts,  shall  be 
flMMO  priie  offiu  order  to  prtrent  those  who  have 
rcToUed  from  His  Migesty's  authority  receiving 
soceors  of  any  kind. 

I  hare  ihoi^^t  it  pro^r  to  communicate  this 
to  yoi^  for  the  informatMm  of  the  President,  that 
the  injuries  may  be  avoided  which  would  result 
to  the  citizens  of  this  Republic,  if  they  continue, 
as  heretofore,  to  trade  with  the  rebeb  against  the 
authority  of  my  sovereign* 

I  renew  to  you,  4bc. 

LUIS  DE  ONIS. 

DonLuiide  Oni$  to  the  Secretary  of  State. 

PULABBLPBIA,  MoTCh  2,  1816. 

8m:  Don  Pablo  Blorillo,Comnuuider^in-Chief 
of  the  forces  destined  bv  the  King,  my  master, 
for  the  pacification  of  tae  vieerovatty  of  Santa 
Fa,  says  to  ma^  under  date  of  the  l9th  of  Decem- 
ber last,  that,  after  having  compelled  Carthagena 
to  surrender  at  discretion,  he  had  fouad  it  expe- 
dient, for  the  complete  re^establisbment  of  the 
timiMuillitv  of  the  viceroyalty,  to  continue  the 
blodaule  nom  Santa  Maru  to  the  river  Atrato. 
inekttive ;  and  to  give  orders  that  if  anv  vessel 
be  BMt  with  further  south  than  the  mouths  of  the 
Magdalena,  or  further  north  than  the  parallel  of 
Capa  Tiburon,  on  the  Mosquilo  shore^  and  be- 
t«<aaB  the  merldiine  of  tkoee  points,  ska  would 


be  declared  a  good  prise,  whatever  documents  ot 
destination  she  might  have ;  but  that  he  had  left 
open  to  the  commerce  of  neutrals  die  two  ports 
of  Santa  Marta  and  Porto  Bello. 

I  have  the  honor  to  give  you  this  notice,  as  it 
may  be  interesting  to  the  merchants  of  the  United 
States,  and  to  renew  the  assurances,  d^c. 

LUIS  DB  ONIS. 

Mr.  Monroe,  Secretary  of  State,  to  the  CheoaUer  de 
OnU,  Envoy  Extraordinary  and  MnUter  Pleni' 
potentiary,  ^e. 

Mabch  20,  1816. 

Sir:  I  have  had  the  honor  to  receive  your  let- 
ter of  March  2,  announcing  the  continuance  of  a 
blockade  of  the  Spanish  coast  in  South  America, 
from  Santa  MarU  to  the  river  Atrato,  indnsive 
of  the  latter,  by  the  Commander-in-Chief  of  His 
Catholic  Majesty's  forces ;  and  that  if  any  vessel 
is  met  south  of  tne  mouths  of  the  Magdaleaa,  or 
north  of  the  parallel  of  Cape  Tiburon,  on  the 
Mosquito  coas^  and  between  the  meridian  of  those 
points,  she  shall  be  seized  and  condemned  as 
prize,  whatever  may  be  her  documents  or  desti- 
nation. You  sute,  also,  that  the  ports  of  Santa 
Marte  and  Porto  Bello  are  left  open  to  neutrals. 

I  have  to  state  that  this  proclamation  of  Gen- 
eral Morillo  u  evidently  repugnant  to  the  law  of 
nations,  for  several  reasons,  particularly  the  fd- 
lowing :  that  it  declares  a  coast  of  several  hun- 
dred miles  to  be  in  a  sute  of  blockade ;  and  be- 
cause it  authorizes  the  seizure  of  neutral  vessels 
at  an  unjustifiable  distance  from  the  coast.  No 
maxim  of  the  law  of  nations  is  better  established 
than  that  a  blockade  shall  be  confined  to  partic- 
ular ports,  and  that  an  adequate  force  shall  be 
sutioned  at  each  to  support  iu  The  force  shall 
be  stationary,  and  not  a  cruising  squadron,  and 
placed  so  near  the  entrance  of  the  harbor  or 
mouth  of  the  river  as  to  make  it  evidently  dan» 
gerous  for  a  vessel  to  enter.  I  have  to  adu,  that 
a  vessel  entering  the  port  ought  not  to  be  seized, 
except  in  returning  to  it  after  being  warned  off 
by  the  blockading  squadron  stationed  near  it. 

I  am  instructed  by  the  President  to  state  to  you 
these  objections  to  the  blockade  which  has  been 
announced  in  your  letter,  that  you  may  commu- 
nicate them  to  your  Qovernment,  and  in  confi- 
dence that  you  will,  in  the  mean  time,  interpose 
your  good  officeik  and  prevail  on  Qenend  Morillo 
to  alter  his  proclamation,  and  practice  under  it, 
in  such  a  manner  as  to  conform,  in  both  respects, 
to  the  law  of  nations. 

In  stating  to  you  these  well-founded  objections 
to  the  blockade  of  General  Morillo,  I  have  the 
honor  to  observe  that  your  motive  for  Commu- 
nicating it  is  duly  appreciated, 
f  have  the  honor  to  be,  dbc. 

JAMES  MONROE. 

Don  Luii  de  Onii  to  the  Secretary  of  State. 
Philadblpbia,  March  25, 1816. 
Sin :  I  have  received  your  official  letter  of  the 
20th  of  this  month,  in  whkh  you  sum  that  the 

Digitized  by  VjOOQIC 


iUS 


ISM 


fvoekottiion  of  GeoMai  MoriUo  is  npmgmat  io 
Um  laws  of  ratioiis,  as  wAi  beeanso  it  declves  a 
coast  of  several  haadred  miles  in  a  state  of  bloek* 
ade,  tathoriziDg  tke  oeptnre  of  arery  oeotral  res'* 
sei  at  an  Qnlimited  distance  from  the  eoast,  as 
tkat  it  is  ta  establielied  maxini  among  nattoas 
that  a  bloekade  shoold  be  limited  to  tbe  ports 
wbare  tbtf  e  may  be  a  stationary  and  not  a  cruis- 
ing force  sufficient  to  make  the  entrance  of  the 
harbor  or  rirer  where  it  may  be  placed  danger- 
ous ;  and,  finally,  eren  in  this  case,  a  ressel  ought 
not  to  be  captured  when  she  is  about  to  enter  a 
]K>rt,  save  only  when,  after  having  received  no- 
tice of  the  blockade,  she  attempts  to  infringe  it. 
Yoo  are  pleased  to  state  to  me  that  the  President 
deeires  that  I  will  communicate  these  c^eerva- 
tioas  to  my  €k>vernmeat^  and  that  I  would  use 
my  good  omees^  eonfideatially,  with  (ieneral  Mo- 
rtflo,  so  to  modify  his  blockade  as  to  make  it  con- 
form to  the  laws  of  nations. 

I  will  eommuaicate  to  His  Majesty,  in  com- 
plianee  with  the  wishes  of  the  President,  what 
yen  have  stated  to  me  in  your  note ;  and  I  will, 
with  pleasure,  avail  myself  of  the  departure  oi 
Mr.  Hughes  to  write  to  General  MoriDo,  inviting 
Mb,  in  the  ezecutloa  of  his  blockade,  to  avoid 
tiM  injurious  effects  resultinff  therefrom  to  the 
dlitens  ef  this  Republic,  so  fajr  as  may  be  com- 

KtibU  with  the  security  and  tranquillitv  of  His 
ajesty's  dominions  aader  his  eommana. 
•  1  must*  however,  observe  to  vou,  sir,  that  Gen- 
eral Biordlo  has  a  naval  force  disposable  and  com- 
petent, as  I  conceive,  to  the  object  in  view;  that, 
OB  the  3d  of  Februarv,  there  sailed  from  Cadiz  a 
squadron  of  a  ship-of-tfae-line,  two  frigates,  and 
several  smaller  vessels,  as  a  reinforcement;  that 
on  the  coast  intended  to  be  Uockaded  by  the  said 
Cteneral,  there  are  no  other  ports  of  entry  for  mer- 
eham  vessels  than  those  of  Carthagena.  Santa 
MarU,  and  Porto  Bello;  and,  finally,  that  the 
measure  taken  by  him,  not  being  directed  against 
an  enemy's  country,  is  not,  as  stated  in  your  es- 
teemed note,  contrary  to  the  laws  of  public  rights. 
The  object  of  the  General's  proclamation  is  to 
notify  the  traders  of  foreign  nations  that  he  will 
maintain  the  laws  for  the  regulation  of  the  Indies 
ia  their  full  force;  the  observance  of  which  had 
been  relaxed,  ia  latter  times,  bv  the  eflect  of  cir- 
cumstances, though  modified,  however,  in  fovor 
of  neutrals,  bv  leaving  two  ports  open  to  their 
commerce.  You  are  aware  that,  ^reeably  to 
those  laws,  no  foreign  vessel  was  allowed  to  trade 
with  the  dominions  of  Hia  Majesty  on  that  con- 
tinent, without  a  special  license,  and  that  vessels 
Aiund  near,  or  evidently  shapinff  a  course  towards 
them,  were  liable  to  confiscation  as  interlopers. 
Not  onlv  that  part  of  the  coast  lying  between 
Santa  Marta  and  the  river  Atrato,  but  the  whole 
coast  eastward  and  southward  of  those  points, 
from  the  Oronoco  to  the  territory  of  this  Uepub- 
lic,  belongs  to  the  Spanish  monarchy  ;  and,  con- 
sequently, any  vessel  whatever  found  near  it,  or 
standing  towards  it,  can  have  no  other  object  than 
to  carry  on  smog^giing,  or  stir  up  a  civil  war  in 
the  King's  dominions!  in  either  case,  the  laws  of 
naiioas  recommend  the  seiiure  of  the  vessels  so 


emplofed.  Aefaied  hy  •  aoasmtat  desha  ta  pf* 
vent  the  miaforlmiea  wUch  saeh  injaries  lasghf 
oocasion  to  tha  eitsens  of  this  RepoUiCy  I  hatf^ai, 
on  other  occasions,  suggested  a  very  simpe  wmim 
of  poiting  aa  end  to  thcm^  namely,  that  the  Presi- 
dent would  be  pleased  to  issue  orders  that  no  viea- 
sel  should  be  cleared  at  the  custdm-houaes  save 
for  a  specified  port  accordinj^  to  the  ceneral  prac- 
tice of  nations.  The  practice  of  clearing  many 
vessels  for  the  West  Indiea,  generally,  cames  with 
it  a  suspicion  of  a  desiffa  to  carrv  on  a  contra* 
band  trade,  or  to  disturb  the  puUic  tranqaHiitr 
in  the  dominions  of  the  King,  my  master;  antf| 
therefore,  the  owner  who  clears  out  his  vessel  ia 
this  way,  and  without  the  certificates  of  the  Span- 
ish Consuls,  cannot  com[^in  if  it  be  detuned  aa 
suspicious.  In  ihot,  what  difficukv  can  a  omt- 
chant,  acting  fairly,  have  to  specinr  the  port  of 
Havana,  Kingston,  Santa  Marta,  Gaaira,  Parco 
Bello,  Rio  Janeiro,  or  any  other  of  aa  ioda-> 
pendent  nation  ?  None,  unquestionably ;  since,  in 
case  of  not  finding  a  good  market  at  one  place,  he- 
proceeds  to  another,  with  a  dedaratioa  made  4U 
the  port  he  touched  at  of  the  motives  which  obli- 
ged him  to  alter  his  destination.  The  wisdom 
and  humanitv  which  Imminently  dbtingubh  the 
President  and  the  Administration  cannot  h^  to 
perceive  the  solidity  of  these  oboervattoas,  aer  4o 
approve  of  the  policy  of  His  Majesty  in  t^lMg 
the  most  suitable  and  effectual  meaaurestoaecufe 
his  subjecu  from  the  civil  wmr  which  a  aambat 
of  adventurers  are  endeavoring  to  Idndle  ia  hit 
daminiotts ;  and  I  therelbra  flatter  myself  that  he 
will  be  pleased  to  take  into  considecatioii  the  eiK 
pedieaey  of  adopting  the  measure  I  have  had  the 
hoBor  le  suggest  to  you,  by  prerenting  the  collee^ 
tors  of  the  customs  from  clearing  out  ventls,  toh 
eept  for  sjiecified  ports,  and  notiff ina  mefchaaas 
trading  with  the  possessions  of  the  King  to  eea* 


form  to  the  established  rules  and  orders,  i 
ting  not  only  neutrals  hot  Spanish  vessels  also, 
that  they  may  avoid  the  coasequeaeee  of  their 
non-observance,  notwithstaadinff  His  Mfgeety^a 
desire  to  aiford  them,  withia  his  dominioaa,  all 
the  beaefits  and  advantages  compatible  with  ihe 
public  safety  and  his  royaMaterests. 

I  hope  that  the  explanation  which  I  have  thus 
taken  the  liberty  to  make,  until  I  have  received 
the  answer  of  the  King^my  master,  will  quiet  the 
anxiety  of  the  President  as  tp  the  poclamation 
of  General  Morillp,  and  that  it  will  be  viewed  by 
him  as  a  continuation  of  my  earnest  desire  to  re- 
instate the  commerce  of  the  two  aaitoii%  reaipro* 
cally,  on  the  most  liberal  and  favorable  footing; 

I  renew  my  rttaects,  ^. 

LUIS  D£  ONI& 

Extract  qfa  letter  from  the  Secretary  qf  Stoic  to  J^* 
Erving,  dated 

Dbpaatment  of  Statbi  J!i%  20^  1616b 
You  have  been  apprized  alrhady  of  a  siaailar 
measure  which  was  tdEen  in  reMrd  fo  the  v«a^ 
sels  which  had  been  seised  at  Carthagena,  mmA 
the  citizens  of  tki%  Vaited  States,  who.  under  va- 
rious pretexts,  had  been  urrestad  and  impriaeMdl 


Digitized  by 


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IMI 


HIST0B7  07  OOIiORESS; 


im 


Mriatiom^Mk  6!pdbf"«»Qofc<rtto. 


I  IwYe  the  piMsore  to  stale  tfaftt  theamdi- 
etliim  saceeeded  a»  to  oir  citizeasi  though  it  tail- 
ed as  to  tlie  yoselt.  Yoa  will  ioterpose  difectlf 
with  the  Spanish  CkMrenmeot  in  faror  of  the  lat- 
ter; doeumeBts  retpeetiDg  which  ehall  he  for- 
warded to  yoa,  either  hj  the  present  or  sone 
ether  early  opportunity. 


JMK  £nmg  to  HU  ExuUeaty  Ikn  Pedro  CtmMoh 
Fint  Minuter  tfSkUt,  ^ 

Madrid,  Sept.  26, 1816. 

8iB :  I  am  ordered  by  my  QoTernment  to  ap- 
ply to  His  Majesty,  through  vour  Excellency, 
for  the  restitution  of  sundry  American  ressels 
and  cargoes  which  have  been  seized  and  brought 
into  Carthagena,  or  other  places  within  that  com- 
nand  or  Yiceroyalty,  under  pretext  of  a  pretended 
Weekade,  issued  by  Don  Pablo  MoriUo,  in  De- 
ceaiber,  1815. 

When  that  blockade  was  communicated  to  the 
American  Gofernment,  Mr.  Bionroe,  Secretary 
of  State,  in  a  note  of  March  2^  1816,  addressed 
to  His  Majesty's  Minister  at  Washington,  for- 
mally protested  against  it ;  and  it  was  hoped  that, 
on  proper  representations  being  made  by  that 
Minister  to  General  Morillo,  be  would  retract  his 
measure,  or,  if  not,  that  his  Majesty,  beinff  made 
acquaiated  with  the  remonstrance  of  the  Ameri- 
can Ooverftmest,  would  immediately  send  out 
orders  which  might  produce  the  same  efiect,  and 
tmore  for  the  future  due  liberty  to  the  American 
e^iamame  in  those  seas. 

Boi  it  now  appears  that,  as  late  as  the  month  of 
JmB§f  BO  aiienuon  had  taken  place  in  the  meas- 
ures of  Morillo ;  no  attention  had  been  paid  to 
the  ioierference  of  Don  Luis  de  Oois ;  and, 
finally,  the  Commissioner,  Mr.  Hughes,  who  was 
sent  by  the  Government  of  the  United  States  to 
Carths^ena,  for  the  purpose,  amongst  others,  of 
reclaimmg  the  property  seized,  was  obliged  to  re- 
turn to  the  United  States,  on  that  point  altogether 
unsatisfied.  Indeed^  the  Viceroy  of  Santa  Fe, 
Don  Francisco  de  Montalvo,  gives  this  Commis- 
sioner to  understand,  by  a  letter  of  June  9th, 
whereof  the  enclosed  is  a  translated  copy,  that 
he  (the  Viceroy)  does  not  pretend  to  be  acquaint- 
ed with  the  law  of  nations;  and,  at  the  same 
time  that  he  goes  on  execotioff  the  arbitrary  and 
illegal  decrees  of  General  Morillo,  devastating 
the  commerce  of  the  United  States,  he  refers 
the  American  Government  to  His  Majesty  for 
redress. 

It  is  therefore  that  I  now  find  it  necessary  to 
write  to  your  Bxceliency  upon  this  dimgreeable 
asbjeet. 

It  is  in  vain,  sir,  to  hope  that  the  United  States 
will  ever  consent  to  blockades  upon  the  princi- 
ples of  €kneral  MoriUo ;  they  will  acknowledge 
juma  10  be  valid  which  are  not  strictly  ooitform- 
able  to4he  well-known  principles  of  public  iaw^ 
pdneiplM  most  clearly  defined  and  quite  indis- 
pBta«e»  to  which  the  United  States  have  alwaye 
adhered  in  their  own  practice,  and  to  the  iafraai^ 
meat  of  whieh^in  any  form,  in  any  degree,  or 


undeff  whatever  paatezt.  diey  have  almafeef* 
poaed  theBMcKves. 

The  blockade  of  Geneial  Morillo  is  repngnaat 
to  the  law,  because  it  extends  over  aeveiai  hiw- 
dred  miles  of  coast,  and  to  an  indefinite  distMoa 
from  the  diores^  of  eoursa  it  cannot  he^nforeed 
as  a  blockade,  bitt  remains  a  bare  pretest  for  spoli- 
ation. A  blockade  by  sea,  to  be  acknowledged  as 
valid  by  the  United  States,  must  be  confioed  ta 
nartieular  ports,  each  kaving  a  force  ttoHonod  he- 
tore  it,  sufficient  to  intercept  the  entry  of  venels ; 
and  no  vessel  shall  be  seized,  even  ia  atteasptiif 
to  enter  a  port  so  blockaded,  till  she  has  been  pae* 
viously  warned  away  from  that  port. 

I  may  be  exciued  from  dilaiing  on  ndea  ao  nt- 
lectly  established,  so  consonant  to  justice  aaa  la 
reason,  ia  writing  to  a  person  of  your  Bxeelleaay^a 
knowlfdae  and  emrienee. 

His  Majesty,  wno  does  not  fail,  through  Ida 
Minister,  Mr.  Onis,  to  assure  the  United  Statesaf 
his  constant  disposition  to  cultivate  telatiaBs  ef 
friendship  with  them,  and  to  that  end  toaatlify 
aU  their  just  redamatione,  will  certainly  be  lea- 
sible  to  the  violent  proceedings  of  which  my 
Government  now  complains,  aim,  I  persuade  my- 
self, will  not  hesitate  in  ordering  that  the  procla- 
mation of  embarso  issued  by  Ckneral  MariUo  he 
declared  null,  and  that  all  the  American  prapetty 
which  may  have  been  taken  uader  it  be  imaaatf* 
ately  restored  to  its  owners. 

In  this  eonfideaoe,  I  annex  heieto  a  list  of  the 
vessels  already  known  to  have  bean  caplared* 

Renewing  to  your  Bxceliency,  dbe. 

OaORGB  W.  ERVINa 

Schooner  Adeline,  of  Baltimore,  at  Cartha- 
gena ;  Friend's  Hope,  of  Baltimore,  at  Carthagena; 
schooner  Count,  of  Baltimore,  at  Carthagena; 
Charles  Steward  of  New  Oileans,  at  Santa  Mar- 
ta;  Edward  Graham,  at  Santa  Margarita ;  Ghent, 
of  Norfolk,  at  Puerto  Cavello. 

If.  B.  It  is  believed  that  the  cargoes  of  several 
of  these  vessels  have  been  oonfiscated  without 
even  the  form  of  ^al. 

Don  Pedro  Ceoalloe  to  George  W.  Ervinf,  Mn^ster 
Plenipotentiary  of  the  United  SttOee. 

OOTOBfiR  17, 181^ 
Sir:  Having  communicated  to  the  King  four 
note  of  the  2Sth  ultimo  on  the  subject  of  the 
seizure  of  several  American  vessel  in  the  port  of 
Carthagena,  South  America,  in  consequence  of 
the  blockade  established  on  those  coasts  by  Gen- 
eral Morillo,  and  your  demand  of  their  restitution, 
His  Majesty  has  been  pleased  to  determine  that 
hifoimation  shall  be  reque^d  ($epidmir^9MU) 
of  the  court  of  admiralty  on  this  business. 
I  renew  to  you  the  assurances,  to.  _ 

PEDRO  CBVALLOS* 


».  Erving  to  Mr.  Ceoalloi. 

Mawid,  Oc<o6er25,1816. 
By  your  Bxcelleney's  note  of  the  17tlt  iar 
staat,  in  reply  to  mine  of  Seaiemher  26^  ^V^ 
log  the  pmlamatiaa  bloekade  of  General  M0^ 


Sib: 


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184t 


APPENDIX. 


1848 


EdaHtm  with  Ike  Kingdom  qf  SieUy. 


liUo,  ftsd  the  rcra^  on  tke  Amerieaa  eommtree 
which  tre  committiDg  under  it,  I  am  told  that 
His  Bligesty  has  ordered  that  information  shall 
be  taken  (9epida  vtforme)  of  the  tribunal  of  ad* 
minilty. 

That  General  MoriUo  has  issued  such  a  proe- 
lemation  as  I  have  described  in  mjr  note  of  Sep* 
tember  86,  is  a  fact  of  unirersal  notorietjr.  Tour 
BxeellencT  has  had  before  vou,  long  since,  the 
correspondence  between  the  American  Secretar]r 
of  State  and  Mr.  Onis  on  the  subject,  and  I  have 
tansmitted  to  you  a  copy  of  the  letter  of  Don 
Fmneisco  BContal?o^  Viceroy  of  Santa  Fe^  to  the 
American  Ckmimissioner,  Mr.  Hughes,  in  which 
the  eiistence  of  the  blockade  is  admitted,  and  in 
which  the  American  Goremment  is  renrred  for 
redress  to  His  Catholic  Majesty.  It  was,  there- 
fore, that,  by  the  orders  of  my  Goremmeat,  I 
wiote  to  you  on  the  subject.  With  the  fact 
which  I  have  above  stated  before  you,  I  am 
whdly  at  a  loss  to  imagine  what  kind  of  infer- 
■latUm  the  tribunal  of  admiralty  can  afford  which 
WMJ  regulate  the  decision  of  Uis  Majesty  on  the 
sttbiect. 

The  tribunal  cannot  deny  the  existence  of  the 
ptoelamation ;  it  cannot  show  that  the  proelama- 
tien  is  legal;  it  cannot  deny  that  American  ves- 
aeb  have  been  taken  under  the  proclamation ;  it 
cannot  contest  the  right  of  the  American  Gov- 
ernment to  demand  the  restitution  of  such  vessels. 

In  fine,  sir,  it  is  my  duty  to  assure  ^oo  that  any 
demur  or  delay  in  afibraing  the  satisfaction  de- 
manded, in  a  case  of  this  principal  imporunce, 
cannot  but  be  very  sensibly  felt  by  the  Govern- 
ment of  the  United  States.    I  renew,  ^. 

GEORGE  W.  ERVING. 

Extract  of  a  Utter  from  d6r.  Eroing  to  the  Secretary 
ofState,dated 
Madeio.  December  15, 1816. 

I  had  the  honor,  by  my  letter  (of  October  27,} 
to  communicate  to  you  the  continuation  of  my 
correspondence  with  Mr.  Cevallos  on  various 
sul^ecu;  and  by  that  of  October  31st,  (No.  24,) 
to  inform  you  that  he  had  been  dismissed  from 
hi*  employments,  and  succeeded  in  them  by  Don 
Joe6  Pizarro. 

I  herewith  submit  to  you  copies  of  my  corres- 
pondence with  this  new  Minister. 

He  has  not  replied  to  my  note  of  the  25th  Oc- 
tober, respecting  Morillo's  blockade  proclamation. 

Don  Luii  de  OnU  to  the  Secretary  of  State. 
Pbiladbu^bia,  October  26. 1816. 
But:  His  Excellency  the  viceroy  of  the  King- 
dom of  New  Granada  communicates  to  me,  un- 
disr  dale  of  the  2d  of  September  last,  that  tran- 
quillity being  restored  throughout  the  whole  King* 
dom  of  Santa  Fe,  and  all  its  provinces  having 
submitted  to  his  Majesty's  Government,  the  com- 
mander-in-chief. Don  Pablo  MoriUo,  has  thought 
fit  to  raise  the  blockade  which  he  had  established 
oa  those  coasts,  the  causes  having  ceased  which 
obliged  him  to  impose  it|  and  that,  in  conae- 
quiice  of  this  determination,  the  before-mea^ 


tioned  Viceroy  has  beea  pleased  to  open  the  ^ot* 
inces  of  that  Kingdom,  and  particularly  the  port 
of  Carthag;ena.  to  the  commerce  of  the  Powers 
in  amity  with  His  Majesty,  under  the  regulaiiooi 
specified  in  the  printed  )»pers  which  I  nave  the 
honor  to  transmit  herewith. 

I  hope,  sir,  that  you  will  be  pleased  to  brti^ 
this  to  the  knowledge  of  the  President,  that  ha 
may  see  the  disposition  of  His  Majesty  to  lavor 
the  commerce  or  this  Republic  in  everything  that 
may  be  compatible  with  the  securit|r  of  his  do- 
minions, and  that  comporu  with  his  mteretu. 

I  renew  my  respects,  &c. 

LUIS  DK  ONIS. 

Extract  of  a  letter  from  Mr.  Eroing  to  the  Secretary 
of  State,  dated 

Madrid,  March  10, 1817. 
On  this  afiair  [proclamation  of  MoriUo]  I  wrote 
on  the  26th  September,  1816,  and  was  answefed 
October  17th  that  an  "tii/^iw"  should  be  taken 
of  the  almirantazfoi  I  wrote  again  on  the  f^th 
October,  and  remain  without  any  answer. 


KINGDOM  OF  8ICILT. 

[Commonictted  to  the  House,  Mmrdi  %,  1818.] 
TotheHoueeofRepreHntaHoeeofthe  JMtedataUe^ 

I  lay  before  the  House  a  report  from  the  Sec- 
retary of  State,  together  with  the  papers  relating 
to  claims  of  mercbanu  of  the  United  States  mo» 
the  Government  of  Naples,  in  conformity  with  a 
resolution  of  the  House  of  the  30th  of  January 
last. 

JAMES  MONROE. 

FEBauAET  28, 1818. 

DfiPARTMniT  OP  State,  A&.  87, 1818. 
The  Secretary  of  State,  to  whom  has  been  re- 
ferred the  resolution  of  the  House  of  Represent- 
atives of  the  30th  of  January  last,  requesting 
such  information  possessed  by  the  Executive,  as 
majr  be  communicated  without  injury  to  the  pub- 
lic interest,  relative  to  the  claims  of  merchants 
of  the  United  States  for  their  propertv  seized 
and  confiscated  under  the  authority  of  toe  King 
of  Naples,  has  the  honor  of  submitting  to  the 
President  the  papers  in  the  possession  of  this 
Department  concerning  that  subject. 

JOHN  a  ADAMS. 

Extraeti  of  a  tetter  from  Mr.  Manroct  Secretary  ef 
StatCf  to  Mr,  Pinmey,  Special  Minieter  to  llapiee, 
dated 

Department  op  State,  May  11, 1816. 
Being  appointed  by  the  President,  with  the 
advice  and  consent  of  the  Senate,  Envoy  Extra- 
ordinary and  Minister  Plenipotentiary  <o  the 
Emperor  of  Russia,  and  in  a  similar  trust  to  the 
King  of  Naples,  the  duties  of  the  latter  mission, 
which  is  special,  will  engage  your  attention  in 
the  first  instance.    The  Waahingliony  a  ship-of- 


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APPENDIX. 


1819 


ROaHorn  wUh  tk$  Kingdom  cf  Sidfy. 


tha  line,  is  ordered  into  the  Chesapeake  to  re- 
eeire  on  board  and  to  convey  jon  and  your  fam- 
ily to  Naples.  Ton  will  be  tarnished  with  the 
nsual  commission  and  letter  of  credence  to  the 
King. 

A  principal  object  of  your  mission  to  Naples 
is  to  obtain  indemnity  for  the  losses  which  oar 
citizens  sustained  by  the  illesal  seizare  and  con- 
fiscation of  their  property  oy  the  Neapolitan 
Gh>Temment.  Ton  will  be  furnished  with  such 
oTideuce  in  support  of  the  claim  as  is  in  possession 
of  this  Department ;  and  as  notice  has  been  given 
to  the  collectors  in  the  principal  cities  of  your 
appointment  and  its  object,  that  it  might  be  com- 
municated to  the  imrties  interested,  it  is  expected 
that  you  will  receive  much  further  light  on  the 
subject  directly  from  them. 

The  President  does  not  entertain  a  doubt  of 
the  right  of  the  United  States  to  a  full  indem- 
nity for  these  losses.  They  were  inflicted  by  the 
then  Qovemment  of  the  counuy  withont  the 
slightest  cause.  The  commerce  of  the  United 
Sutei  was  invited  into  the  Neapolitan  ports  by 
speeial  decrees,  with  the  promise  of  protection 
and  encouragement ;  on  the  faith  of  which  many 
ships  having  entered  with  valuable  cargoes,  the 
whole  amount^  was  seized  by  the  Government 
itself^  and  converted  to  public  use.  For  this  very 
extraordinary  and  unlawful  act  no  plea  has  been 
urged  that  we  have  heard  of,  except  that  of  ne- 
cessity, which  is  no  argument  against  indemnity. 
The  injury  beinff  inflicted  by  a  Qovernmeot  in 
full  possession  of  the  sovereignty  of  the  country, 
exercising  all  its  powers,  recognised  by  the  na- 
tion and  by  foreign  Powers,  by  treaties  and  by 
other  formal  acts  of  the  highest  authority,  it  is 
not  perceived  on  what  ground  an  indemnity  can 
be  refused.  No  principle  is  better  established 
than  that  the  nation  is  responsible  for  the  acts  of 
its  Government  and  that  a  change  in  the  author- 
ity does  not  afiect  the  oblimtion.  In  the  disor- 
dered state  of  that  country  for  several  years  past, 
it  has  been  thoQ|fht  useless  to  press  this  claim ; 
bat  now  that  a&irs  appear  to  be  better  settled,  it 
would  be  improper  longer  to  delay  it.  The  Presi- 
dent indulges  a  strong  hope  that  reparation  will 
now  be  made.  In  the  discharge  of  this  trust,  in 
the  manner  of  the  negotiation,  and  in  the  provis- 
ion for  the  debt,  should  such  be  made,  you  will 
maniiest  a  spirit  of  conciliation  towards  the  Gk>v- 
eraaent  of  Naples.  Any  reasonable  accommo- 
dation as  to  the  time  and  the  mode  of  plyment 
which  may  be  desired  will  be  cheerfully  allowed. 

As  vou  will  be  well  acauainted  with  tbe  na- 
ture 01  these  claims,  and  the  right  of  the  United 
States  to  an  indemnity,  with  the  principles  on 
which  it  is  founded,  ana  the  arguments  and  facts 
which  supiK>rt  it.  it  is  unnecessary  for  me  to  en- 
ter farther  into  tne  subject.  The  President  has 
full  confidence  that  nothing  will  be  wanting  on 
your  part  to  secure  success  to  the  mission.  Sat- 
isfied that  you  will  discharge  its  duties  with 
equal  ability  and  discretion,  it  is  thought  im- 
proper, by  too  much  precision,  to  impose  any  re- 
straint on  your  judgment,  either  as  to  the  man- 


ner or  the  argument  to  be  used  in  the  negotia- 
tion. 

Tour  mission  to  Naples  being  special,  its  object 
limited^  and  being  likewise  anticipated  by  Uie 
Neapohtan  Government,  it  is  expected  that  it 
may  be  concluded  in  a  few  interviews.  It  is  very 
important  that  the  United  States  should  be  rep^- 
resented  at  St.  Petersburg  by  a  Biinister  of  the 
hiffhest  grade  employed  by  them,  without  any 
delay  which  can  be  avoided.  The  President  de- 
sires, therefore,  that  you  will  use  every  effort  in 
your  power  to  terminate  the  business  with  Nar 
pies  as  soon  as  it  may  be  possible,  and  that  you 
will  proceed  thence,  immediately  afterwards^  to 
St.  Petersburg. 

ExtraeUofa  letter  from  Mr.  Pinkney,  JCniiter  at 
NapUif  to  Mr,  Monroe^  Secretary  of  mate,  dated 

Naplss,  AugUMt  29, 1816. 

On  Saturday,  the  27th,  I  prepared  an  official 
note  to  the  Marquis  di  Circello,  announcing  my 
quality  of  Envoy  Extraordinary  to  the  King. 

His  answer  (appointing  Wednesday,  the  31st, 
for  our  interview;  was  sent  immediately. 

My  reception  on  the  31st  was  extremely  friend- 
ly, and  in  the  highest  degree  respectful  to  the 
Government  of  the  United  States.  The  regular 
purpose  of  my  visit  was  to  show  my  credentials, 
turnish  a  copy,  and  arrange  the  customarjr  audi- 
ence. I  did  not,  therefore,  suppose  that  it  pre- 
sented a  suitable  opportunity  for  introducing  a 
very  detailed  explanation  of  the  objects  of  my 
mission:  but,  in  conformity  with  a  desire  ex- 
pressed by  the  Marquis  himself,  I  stated  them  to 
nim  as  fully  as  was  necessary  to  enable  him  to 
communicate  them  to  the  Kin|^. 

Although  the  Marquis  di  Circello  was|^  as  you 
know,  for  several  years  the  Minister  of  this  Court 
in  London,  he  does  not  speak  a  word  of  English, 
and  does  not  understand  it  when  it  is  spoken  by 
others.  Our  conversation  was.  therefore^  in 
French.  Amid  a  good  deal  of  wdl-managed  dis- 
course on  his  part,  which  rather  related  to  me 
than  to  my  mission,  he  made  several  observa- 
tions which  had  a  bearing  upon  my  principal 
errand.  He  spoke  of  the  poverty  of  their  public 
treasury  in  terms  somewhat  more  strong  than  I 
was  prepared  to  expect ;  of  the  unprincipled  man- 
ner in  which  Monsieur  Murat  (as  he  styled  him) 
appropriated  to  his  own  use  whatever  of  value 
he  could  lay  his  hands  upon,  and,  in  particular, 
the  vessels  and  merchandise  belonging  to  our 
citizens:  of  the  prodigality  with  which  he  dried 
up  all  the  usual  resources  of  the  country,  and 
dissipated,  moreover,  all  the  means  which  rapa- 
city afforded.  He  drew  no  very  precise  conclu- 
sion from  those  and  similar  remarks,  although  I 
took  such  notice  of  them  as  their  tendency  pre- 
scribed;  but,  upon  tbe  whole,  it  was  evident  that 
the  claim  which  I  was  charged  to  make  in  be- 
half of  our  merchanu  was  not  likely  to  be  very 
readily  admitted,  and  that  I  should  only  waste 
my  time  by  talking  over  its  merits  from  day  to 
day  with  a  Minister  who  could  of  himself  decide 
nothing,  and  whose  report  of  my  statements  and 


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IMi 


MOtdum  wOf^  OiB  Ml^i^dtm  ^  SUOjh 


mmmentB  to  tbote  wlio  must  makt  or  grtailf 
innueDce  the  fioal  decision  would  Dot  be  the 
most  adTftntageous  ehattnel  by  wbieb  they  might 
be  ctmimunicated.  la  cooeeqaenee,  before  the 
ioterrtew  was  closed,  I  determined  to  prefer  the 
elaim  at  soon  as  possible  in  an  official  note,  and 
in  the  meantime  to  forbear  to  orge  it  in  confer* 
sation  with  any  other  view  than  to  obtain  from 
the  Mmrqnis  di  Circeilo  soeh  intimations  as  might 
bd  dsafnl  to  me  in  the  preparation  of  my  paper. 

On  Sunday,  the  lltb,  I  had  another  interTiew 
with  the  Marquis  di  Circeilo,  to  which  Mr.  King 
aceompanied  me. 

I  then  adrerted  to  the  principal  object  of  my 
mission,  and  intimated  that  I  should  very  soon 
tend  him  a  note  upon  it.  To  my  surprise,  he 
prolatsed  not  to  uadersund  to  what  I  aUnded  as 
the  i^incipal  object  of  my  mission;  but,  when  I 
mentioned  the  spoliations  by  Murat,  he  seemed 
suddenly  to  remember  that  I  had  at  least  talked 
lo  him  of  them  before,  and  immediately,  with- 
ont  giTing  me  time  to  proceed,  remarked  that  he 
woiud  relate  to  me  frankly  all  that  the  present 
Goremment  had  been  able  to  discorer  respecting 
them.  He  said  that  Murat's  conduct  m  that 
lAir  appeared  to  be  so  bad  that  nothing  could 
be  worse,  and  that  it  amounted  to  a  downright 
robbery ;  that  it  appeared  that  the  proceeds  of  the 
salee  had  been  ordered  by  Murat  into  the  public 
treasury,  but  that  a  few  months  afterwards  he 
took  them  out  again,  and  ther  knew  not  what  he 
had  done  with  them.  To  all  this  I  thought  it 
sufficient  to  answer,  that,  whatever  miffht  have 
become  of  these  proceeds,  I  hoped  the  King 
would  cause  our  merchants  to  be  indemnified  for 
ihe  loss  of  them ;  but  that  I  had  no  desire  at  this 
interTiew  to  do  more  than  inform  the  Marquis  di 
Circeilo  that  I  beliered  it  would  be  as  well  to 
present  the  whole  of  that  subject  to  him  without 
delay  in  a  note,  to  which  I  flattered  myself  I 
shonld  hare  such  a  reply,  in  writing,  as  would  be 
satisfactory  to  my  Qovernment.  without  either 
admitting  or  denying  the  responsibility  of  his 
Goyernment,  he  said  that  such  a  course  would  be 
acceptable  to  him.  and  proper  in  itself,  and  that 
his  answer  should  not  be  unnecessarily  post- 
poned. His  manner,  while  this  topic  was  under 
notice,  was  kind,  and  erea  good  humored ;  al- 
tboQgh  he  could  not,  perhaps  did  not  wish  to  dis- 
guise that  it  was  by  no  means  a  pleasant  one. 

On  the  28th  instant  (yesterday  morning)  I  sent 
in  my  note  upon  Murat's  confiscations.  The 
necessity  of  making  some  previous  inquiries 
here,  upon  matters  connected  with  them,  had  a 
little  retarded  the  completion  of  the  note,  and, 
after  it  was  ready,  I  concluded  that  I  should  lose 
nothing  by  witbhotdioff  it  for  a  few  days,  espe- 
cially as  the  Marq^uis  di  Circeilo  was  incapable 
of  attending  to  business,  and  had  so  informed  me. 
What  will  be  the  answer  to  ihe  note,  it  is  Im- 
possible to  conjecture  with  anything  like  cer- 
tainty. It  may  be  such  as  to  make  it  necessary 
for  me  to  reply  to  it;  but  the  President  may  be 
assured  that  my  further  stay  in  Naples  shall  be 
as  short  as  I  can  make  it. 


».  Finkney  to  the  MarqmU  di  CtreeOi*. 

NAPLsa,  Augmt  24, 1816. 

The  undersigned,  EnToy  Extraordinary  of  tka 
United  States  of  America,  has  already  bad  tha 
honor  to  mention  to  his  Ezcellencv  the  Marquia 
di  Circeilo,  Secretary  of  State  and  Minister  for 
Foreign  Affairs  of  His  Majesty  the  Kinff  of  die 
Two  Sicilies,  the  principal  oDJecU  of  his  mis- 
sion ;  and  he  now  inrites  his  Excellency's  atten- 
tion to  a  more  detailed  and  formal  exposition  of 
one  of  those  objects. 

The  undersigned  is  sure  that  the  appeal  which 
he  is  about  to  make  to  the  well-known  justice  of 
His  Sicilian  Majesty,  in  the  name  and  br  the 
orders  of  his  Qovernment,  will  receire  a  delib- 
erate and  candid  consideration ;  and  that  if  it 
shall  appear,  as  he  trusts  it  will,  to  be  recom- 
mended by  those  principles  which  it  is  the  in- 
terest as  well  as  the  duty  of  all  Oorernments  to 
obeerTe  and  maintain,  the  claim  inrolTed  in  it 
will  be  admitted,  eflfectoally  and  promptly. 

The  undersigned  did  hot  obey  the  iitscnietioBt 
of  the  President  of  the  United  States  when  bm 
assured  his  Excellency  the  Marquis  di  Citoello^ 
at  their  first  interview,  that  his  mission  was  aof- 

Sested  by  such  sentiments  towards  His  SietUaa 
lajesty  as  could  not  fail  to  be  approved  by  himu 
Those  sentiments  are  apparent  in  the  desire 
which  the  President  has  manifested,  throng  the 
undersigned,  that  the  commercial  relations  Oa- 
tween  the  territories  of  His  Majestj  and  those 
of  the  United  States  should  be  chenshed  by  ra- 
ciprocal  arrangements,  sought  in  the  spirit  of 
enlightened  friendship,  and  with  a  sincere  view 
to  such  equal  advantages  as  it  '\%  fit  for  nationa  to 
derive  from  one  anotner.  The  representations 
which  the  undersigned  is  commanded  to  make 
upon  the  subject  of  the  present  note  will  be  seen 
by  His  Majesty  in  the  same  light.  They  show 
the  firm  reliance  of  the  President  upon  the  diV 
position  of  the  Court  of  Naples  impartially  to 
discuss  and  ascertain,  and  faithfully  to  discharge 
iu  obligations  towards  foreiffn  States  and  their 
citizens;  a  reliance. which  the  undersigned  par* 
takes  with  hi«  Qovernment,  and  under  the  infta- 
eoce  of  which  he  pro<;peds  to  state  the  natofe 
and  grounds  of  the  recUmation  in  question. 

It  cannot  but  be  known  to  his  excellency  the 
Marquis  di  Circeilo,  that,  on  the  first  of  Jnly, 
1809,  the  Minister  for  Foreign  Afiaira  of  the 
then  Ctoternment  of  Naples  Mdressed  to  Fred> 
erick  Degao,  Esouire,  then  Consul  of  the  United 
States,  an  official  leaer,  containing  an  invitation 
to  all  American  vessels,  having  on  board  the 
usual  certificates  of  origin,  and  other  regular  ptt* 
pers,  to  come  direct  to  Naples  with  their  cargoea, 
and  that  the  same  Minister  caused  that  invitatioa 
to  be  published  in  every  possible  mode,  in  ordar 
that  it  might  come  to  the  knowledge  of  thoee 
whom  it  concerned.  It  will  not  be  questioned 
that  the  promise  of  security  necessarily  implied 
in  this  measure  had  every  utle,  in  the  actual  eic- 
comstances  of  Europe,  to  the  confidence  of  dia- 
tant  and  peaceful  merchants.  The  merchanta  of 
America,  as  was  to  have  been  expected,  did  eon- 


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IMi 


MUaHom  wiik  ^  Mmgdom  rf  aie^. 


Me.  Upon  tlie  credit,  and  andtr  the  piotetUoii 
•f  tlMit  promise,  thtj  sent  to  Naples  maoy  rala- 
tble  TeaeeU  and  cargoes,  naTlgaled  and  doen- 
mented  with  aonpaloiie  re8[iilamy,  and  in  no  re- 
met  obnoxioos  to  moiesution ;  but  soareely  had 
inef  reached  the  destination  to  which  thej  had 
been  alinred,  when  thej  were  seized,  without  dis- 
ttnetion,  ns  prizes^  or  as  otherwise  forfeited  to  the 
Neap^itatt  (jtoyernment,  upon  pretexts  the  most 
fri raoas  and  idle.  These  mitrary  seizures  were 
followed,  with  a  rapacious  haste,  by  8«mmary 
diecrees,  confiscating,  in  the  name  and  for  the  use 
of  the  same  QDverament,  the  whole  of  the  prop- 
erty which  had  thus  been  brought  withm  its 
mifi ;  and  these  decrees,  which  wanted  even  the 
ttcent  alGEectatioa  of  justice^  were  immediately 
carried,  into  execution,  against  ail  the  reD«)n- 
sCraacet  of  those  whom  they  oppressed,  to  mrtch 
the  treasury  of  the  State. 

The  ludersigned  persuades  himself  that  it  is  not 
in  a  note  addressed  to  the  Marquis  di  Circeliathat 
it  is  necessary  to  enlarge  upon  the  siogutoiiy  atro- 
cious character  of  this  procedure.  fSe  which  no 
apologr  can  be  dcTised,  and  for  wnich  none  that 
is  inieuigible  has  hitherto  been  attempted*  It 
was,  indeed^  an  undisguised  abuse  of  power,  of 
which  nothinff  could  well  enhance  the  deformity 
but  the  studiea  deception  that  preceded  and  pre- 
paved  iti  &  deception  which,  by  a  sort  of  treason 
sigainst  society,  cooTei ted  a  proffer  of  hospitality 
ioco  a  snare,  and  that  salutary  confidence,  with- 
Ottt  which  nations  and  men  must  cease  to  ha¥e 
antercomrse,  into  an  engine  of  plunder. 

The  right  of  the  innocent  rictims  of  this  une- 
qualled act  of  fraud  and  rapine  to  demand  retri- 
bution cannot  be  doubted.  The  only  qnestioo  is. 
.firom  whom  are  they  entitled  to  demand  it? 
Those  who  at  chat  moment  ruled  in  Naples,  and 
wero  in  fkct,  and  in  the  riew  of  the  world,  the 
QoTemment  of  Naples,  hare  passed  away  before 
retribution  could  be  obtained,  although  not  before 
it  was  required ;  and,  if  the  right  to  retribution 
regards  only  the  persons  of  those  rulers  as  private 
and  ordinary  wrongdoers,  the  American  mer- 
chant, whom  they  deluded  and  despoiled  in  the  garb 
end  with  the  instruments  and  for  the  purposes 
cf  soreteiffnty,  must  despair  forerer  of  redreiSr 

The  undersijpaed  presumes  that  such  is  not  the 
.▼iew  which  the  present  Qovernment  will  feel 
itself  justified  in  taking  of  tbi?t  interesting  sub- 
ject* He  trusts  that  it  will,  on  the  contrary,  per- 
ceive that  the  eiaim  which  the  injured^erchant 
was  authorized  to  prefer  against  the  Qorernment 
•cC  this  coiratry  before  the  recent  change,  and 
which,  but  for  that  change,  must  sooner  or  later 
have  been  successful,  is  now  a  valid  claim  sgainst 
ibe  Ctovemmeat  of  the  same  country,  notwith- 
standing that  change ;  at  least  the  undersigned  is 
net  at  present  aware  of  any  considerations  which, 
cpfdjed  to  the  facts  that  characterize  this  case, 
can  lead  to  a  different  conclusion ;  and  certainly 
it  would  be  matter  for  sincere  reffret  that  any 
consideration  should  be  thouflrht  sufficient  to  make 
the  return  of  His  Sicilian  Majesty's  power  fatal 
to  the  rights  of  friendly  strangers,  to  whom  no 
fault  can  be  ascribed. 


The  general  principle,  that  a  civil  society  may 
contract  obligations  throuffh  its  actual  Govern- 
ment, whatever  that  may  be,  and  that  it  is  not 
absolved  from  them  by  reason  simply  of  a  change 
of  government  or  of  rulers,  is  universally  received 
as  incontrovertible.  It  is  admitted,  not  merely 
by  writers  on  public  law,  as  a  speculative  truth, 
but  by  States  and  statesmen,  as  a  practical  rule; 
and,  accordingly,  history  is  full  ot  examples  to 
prove  that  the  undisturbed  possessor  of  sovereign 
power  in  any  society,  whether  a  rightful  possesaor 
or  not  with  reference  to  other  claimants  of  that 

Eower,  may  not  only  be  the  lawful  object  of  4l- 
Mrianee,  but  by  many  of  his  acts,  in  his  quality 
of  sovereign  de  facto ^  may  bind  the  society,  and 
those  who  come  after  him  as  rulers,  although 
their  title  be  adversaryr  to,  or  even  better  than  bis 
own*  The  Marquis  di  Circello  does  not  need  to 
be  informed  that  the  earlier  annals  of  Bngland,  in 
particular,  abound  in  instructions  upon  this  head. 

With  regard  to  just  and  beneficial  contracts 
entered  into  by  such  a  sovereign  with  the  mer- 
chants of  foreign  nations,  or  (which  is  the  same 
thing)  with  regard  to  the  detention  and  confisca- 
tion of  their  property  for  public  uses,  and  by  his 
authority,  in  direct  violation  of  a  pledge  of  sa&ty. 
upon  the  faith  of  which  that  property  arrived 
within  the  reach  of  confiscation,  this  continuing 
reponstbiUty  stands  upon  the  plainest  foundations 
of  natural  equity. 

It  will  not  be  pretended  that  a  merchant  is 
called  upon  to  investigate,  as  he  prosecutes  hi3 
traffic,  the  title  of  every  sovereij^fn  with  whose 
ports,  and  under  the  guaranty  ofwhose  plighted 
word,  he  trades.  He  is  rarely  competent.  There 
are  few  in  any  station  who  are.  competent  to  an 
investigation  so  full  of  delicacy,  so  perplexed  with 
facts  and  principles  of  a  peculiar  character,  far 
removed  from  the  common  concerns  of  life.  His 
predicament  would  be  to  the  last  degree  calaini- 
tous,  if,  in  an  honest  search  after  commeroial 
profit,  he  might  not  take  Qovernments  as  he  finds 
them,  and,  consequently,  rely  at  all  times  upon 
visible,  exclusive,  acknowledged  possession  of 
supreme  authority.  If  he  sees  all  the  usual  indi- 
cations of  established  rule,  all  the  distinguishing 
concomitants  of  real^  undisputed  power,  it  can- 
not be  that  he  is,  at  his  peril,  to  discuss  mysterious 
theories  above  his  capacity,  or  foreign  to  his  pur- 
suits; and,  moreover,  to  connect  the  results  of  those 
speculations  with  events  qf  which  his  knowledge 
is  either  imperfect  or  erroneous.  If  he  sees  the 
obedience  of  the  people,  and  the  acquiescence  of 
neighboring  princes,  it  is  impossible  that  it  can 
be  his  duty  to  examine,  before  he  ships  his  mer- 
chandise, whether  it  be  fit  that  these  should  ac- 
quiesce or  those  obey.  If.  in  short,  he  finds  noth- 
ing to  interfere  with  or  qualify  the  dominion 
which  the  head  of  the  society  exercises  over  it 
and  the  domain  which  it  occupies,  it  is  the  dic- 
tate of  reason,  sanctioned  by  all  experience,  that 
he  is  bound  to  look  no  further. 

It  can  be  of  no  importance  to  him  that,  not- 
withstanding all  these  sppearances  announcing 
lawful  rule,  the  mere  riffht  to  fill  the  Throne  is 
claimed  by  or  even  resides  in  another  than  the 


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nOtaum  with  1h^  Kmgdmn  of  SkUff. 


tetnal  occvptBt.  The  latest  light,  (luppoting  it 
to  exist,)  disjoined  from  and  controverted  by  the 
faet,  is  to  him  nothing  while  it  continues  to  be 
latent.  It  is  only  the  sovereign  in  possession 
that  it  is  in  his  power  to  know.  It  is  with  him 
only  that  he  can  enter  into  engagements.  It 
is  through  him  onlv  that  he  can  deal  with  the 
jKHsiety.  And  if  it  be  true  that  the  sovereign  in 
possession  is  incapable,  on  account  of  a  conflict 
of  title  between  him  and  another,  who  barely 
elaiffls,  but  makes  no  effort  to  assert  his  claim,  of 
pledging  the  public  faith  of  the  society  and  of  the 
monarcn  to  foreign  traders,  for  commercial:  and 
other  objects,  we  are  driven  to  the  monstrous  con- 
clusion that  the  society  is,  in  effect  and  indefi- 
nitely, cut  off  from  all  communication  with  the 
rest  or  the  world.  It  has  and  can  have  no  organ 
by  which  it  can  become  accountable  to  or  make 
any  contract  with  foreigners,  by  which  needful 
supplies  may  be  invited  into  its  harbors,  bv  which 
iamine  may  be  averted,  or  redundant  proauctions 
be  made  to  find  a  market  in  the  wants  of  stmn- 
gers.  It  is,  in  a  word,  an  outcast  from  the  bosom 
of  the  great  community  of  nations,  at  the  very 
moment  too  when  its  existence,  in  the  form  which 
it  has  assumed,  may  everywhere  be  admitted. 
And,  even  if  the  dormant  claim  to  the  Throne 
should  at  last,  by  a  fortunate  coincidence  of  cir- 
cumstances, become  triumphant,  and  unite  itself 
to  the  possession,  this  harsn  and  palsying  theory 
has  no  assurance  to  give,  either  to  the  society  or 
to  those  who  may  incline  to  deal  with  it,  that  its 
moral  capacity  is  restored — that  it  is  an  outcast 
no  longer — and  that  it  may  now,  through  the  pro- 
tecting will  of  its  new  sovereign,  do  what  it  could 
not  do  before.  It  contains,  otcourse,  no  adequate 
and  certain  provision  a^inst  even  the  perpetuity 
of  the  dilemma  which  it  creates.  If  therefore  a 
civil  society  is  not  competent,  by  rulers  in  entire 
possession  of  the  sovereignty,  to  enter  into  all 
such  promises  to  the  members  of  other  societies 
as  necessity  or  convenieoce  may  require,  and  to 
remain  unanswerable  for  the  breach  of  them  into 
whauoever  shape  the  society  may  ultimately  be 
cast,  or  into  whatsoever  hands  the  Government 
may  ultimately  fall;  if  a  sovereign  entirely  in 
possession  is  not  able,  for  that  reason  alone,  to 
incur  a  just  responsibility  in  his  political  or  cor* 
pomte  character  to  the  citizens  of  other  countries, 
and  to  transmit  that  responsibility  even  to  those 
who  succeed  him  by  displacing  him,  it  will  be 
difficult  to  show  that  the  moral  capacity  of  a  civil 
society  is  anything  but  a  name,  or  the  responsi- 
bility of  soverei{[ns  anything  but  a  shadow.  And 
here  the  undersigned  will  take  the  liberty  to  sug- 
gest, that  it  is  scarcely  for  the  interest  of  sover- 
eigns to  inculcate  as  a  maxim  that  their  lost 
dominions  can  only  be  recovered  at  the  expense 
of  the  unoffending  citizens  of  States  in  amity,  or, 
which  is  equivalent  to  it  to  make  that  recovery 
the  practical  consummation  of  intermediate  jus- 
tice, by  utterly  extinguishing  the  hope  of  indem- 
nity, and  even  the  tiue  to  demand  it. 

The  undersigned  will  now,  for  the  sake  of  per- 
spicuity and  precision,  recall  to  the  recollection 
of  his  Exctllency,  the  Marquis  di  Circello,  the 


situation  of  the  Qoverunent  of  Mniatatthe  epodi 
<^tbe  confiscations  in  question.  Whatever  might 
be  the  origin  or  foundation  of  that  Gtovemmenc, 
it  had  for  sopie  time  been  established.  It  had 
(ri>tained  such  obedience  as  in  such  times  was 
customary,  and  had  manifested  itself,  not  only  by 
active  internal  exertions  of  legislative  and  exee* 
utive  powers,  but  by  important  external  trana- 
actions  with  old  and  indisputably  regular  Gov- 
ernments. It  had  been  (as  long  a&rwards  ic 
continued  to  be)  recognised  by  the  gveatest  poten- 
tates as  one  of  the  European  fiunily  of  States,  and 
had  interchanffed  with  them  Ambassadors  and 
other  public  ifinisters  and  Consuls.  And  Qvemt 
Britain,  by  an  Order  in  Council  of  the  26th  April, 
1809,  which  modified  the  svstem  of  eonsUuctiTa 
bk>ckade  promulgated  bv  the  orders  of  Novem- 
ber, 1807,  had  excepted  the  Nekpoiitan  territovMs, 
with  other  portions  of  Italv,  from  the  operation 
of  that  system,  that  neutrals  might  no  longer  be 
prevented  from  trading  with  them. 

Such  was  the  state  of  things  when  AuMrican 
vessels  were  tempted  into  Naples  by  a  reliance 
upon  the  passports  of  its  Government,  to  which 
perfidy  had  lent  more  than  ordinary  solemnity, 
upon  a  declaration,  as  explicit  as  it  was  forauif 
and  notorious,  that  they  might  come  without  fear, 
and  might  depart  in  peace.  It  was  under  these 
circumstances,  that,  instead  of  being  permitted  to 
retire  with  their  lawful  gains,  both  they  and  their 
cargoes  were  seized  and  appropriated  in  a  man- 
ner already  related.  The  undersigned  may  con- 
sequently assume,  that,  if  ever  there  was  a  daina 
to  compensation  tor  broken  faith  which  survived 
the  political  power  of  those  whose  iniquity  pro- 
duced it,  and  devolved  in  full  force  upon  tneir 
successors,  the  present  claim  is  of  that  description. 

As  to  the  demand  itself,  as  it  existed  against  the 
Government  of  Murat,  the  Marquis  di  Circelio 
will  undoubtedly  be  the  first  to  concede,  not  only 
that  it  is  above  reptoachj  but  that  it  rests  iipoiii 
grounds  in  which  the  civilised  world  has  a  deep 
and  lasting  interest  And  with  regard  to  the 
liability  of  the  present  GovemmenL  as  standing 
in  the  place  of  the  former,  it  may  be  taken  as  a 
corollary  from  that  concession ;  at  least  until  it 
has  been  shown  that  it  is  the  natural  £U€  of  obli- 
gations, so  hiffh  and  sacred,  contracted  by  a  Gov- 
ernment in  me  full  and  tranquil  enjoyment  of 
power,  to  perish  with  the  first  revolution,  either 
m  form  or  rulers,  through  which  it  may  happen 
to  pass  ;^or  fto  state  the  same  proposition  in  dif- 
ferent twms)  that  it  is  the  natural  operation  of  a 
political  revoludon  in  a  State,  to  strip  imfortu- 
nate  traders  who  have  been  betrayed  and  plun- 
dered by  the  former  sovereign  of  all  that  his  ra- 
pacity could  not  reach— the  right  of  reoiamatton. 

The  wrong  which  the  Government  of  Murat 
inflicted  upon  American  citizens  wanted  nothing 
that  might  give  to  it  atrocity  or  effect  as  a  robbery 
introduced  by  treachery ;  Imt,  however  pemiciooa 
or  execrable,  it  was  still  reparable.  It  left  in  the 
sufferers  and  their  nation  a  right,  which  was  not 
likelj  to  be  forffotton  or  abandoned,  of  seeking  and 
obtaining  anuue  redress,  not  from  Murat  simplji 
(who,  individually,  was  lost  in  the  sovereign,)  but 


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APPENDIX 


1868 


Relatiom  with  the  Kingdom  of  Sicily. 


from  the  OoTernment  of  the  country  whose  power 
he  ahosed.  Bj  what  coarse  of  argument  can  it  be 
proTed  that  this  incontestable  right,  from  which 
that  Qoveroroent  could  never  have  escaped,  has 
been  destroyed  by  the  reaccession  of  His  Sicilian 
Majesty,  after  a  lon^  interval,  to  the  sovereignty 
of  the  same  territories  ? 

That  such  a  result  cannot  in  any  degree  be  in- 
ferred from  the  misconduct  of  the  American 
claimants,  is  certain ;  for  no  misconduct  is  impu- 
table to  them.  They  were  warranted,  in  every 
Tiew  of  the  puUic  law  of  Europe,  in  holding 
communication  with  Naples  in  the  predicament 
io  which  thev  found  it,  and  in  trustinff  to  the 
direct  and  authentic  assurances  which  the  Gbv- 
trnment  of  the  place  affected  to  throw  over  them 
aa  a  shield  against  every  danger.  Their  ship- 
ments were  strictly  within  the  terms  of  those  as- 
surances ;  and  nothing  was  done  by  the  shippers 
or  their  agents  by  which  the  benefit  of  them  might 
be  lost  or  impaired. 

From  what  other  source  can  such  a  result  be 
drawn  7  Will  it  be  said  that  the  proceeds  of 
these  confiscations  were  not  applied  to  public 
purposes  during  the  sovereignty  or  Murat,  or  that 
they  produced  no  public  advantages  with  refer- 
ence to  which  the  present  Gbvernment  ou^ht  to 
be  liable  t  The  answer  to  such  a  suggestion  is. 
that  lee  the  fact  be  as  it  may,  it  can  have  no  influ- 
ence upon  the  subject.  It  is  enough  that  the 
confiscations  themselves,and  the  promise  of  safety 
which  they  violated,  were  acts  of  State,  proceea- 
ing  from  him  who  was  then,  and  for  several  suc- 
cessive vears,  the  sovereign.  The  derivative  lia- 
bility or  the  present  Gk>vernment  reposes  not  upon 
the  good,  either  public  or  private,  which  may 
have  been  the  fruit  of  such  a  revolting  exhibition 
of  power,  emancipated  from  all  the  restraints  of 
principle,  but  upon  the  general  foundations  which 
the  undersigned  has  already  had  the  honor  to 
expose. 

To  follow  the  proceeds  of  these  spoliations  into 
the  public  treasurv,  and  hence  to  all  the  uses  to 
which  they  were  finally  made  subservient,  can  be 
no  part  of  the  duty  or  the  American  claimant. 
It  is  a  task  which  he  has  no  means  of  perform- 
ing, and  which,  if  performed  by  others^  could  nei- 
ther strengthen  his  case  nor  enfeeble  it.  And  it 
may  confioently  be  insisted,  not  only  that  he  has 
no  concern  with. the  particular  application  of 
these  proceeds,  but  that,  even  if  he  had,  he  would 
be  authorized  to  rely  upon  the  presumption  that 
they  were  applied  as  public  money  to  public  ends, 
or  left  in  the  public  cofiers.  It  must  be  remem- 
bered, moreover,  that  whatever  may  have  been 
the  destiny  of  these  unhallowed  spoils,  they  can- 
not well  have  failed  to  be  instrumental  in  melio- 
mtiog  the  condition  of  the  country.  Theyafforded 
•Jitraordinary  pecuniary  means,  which,  as  far  as 
tbey  extendM,  must  have  saved  it  from  an  aug- 
mentation of  its  burdens;  or,  by  relieving  the 
ordinary  revenue,  made  that  revenue  adequate  to 
various  improvements,  either  of  use  or  beauty, 
which  otherwise  it  could  not  have  accomplished. 
The  territories  therefore  under  the  sway  of  Murat 
mwat  be  suppoaed  to  have  returned  to  His  Sicil- 
15m  Com.  let  Ssaa.— 59 


ian  Majesty  less  exhausted,  more  embellished, 
and  more  prosperous,  than  if  the  property  of  Amer- 
ican citizens  had  not  io  the  meantime  been  sac- 
rificed to  cupidity  and  cunning.  It  must  further 
be  remembered,  that  a  part  of  that  property  was 
notoriously  devoted  to  the  public  service.  Some 
of  the  vessels  seized  by  the  orders  of  Murat  were, 
on  account  of  their  excellent  construction,  con- 
verted into  vessels  of  war,  and,  ns  such,  commis- 
sioned by  the  Cbvernment ;  and  the  undersigned 
is  informed  that  they  are  now  in  the  possession 
of  the  officers  of  His  Sicilian  Majesty,  and  used 
and  claimed  as  belooging  to  him. 

The  undersigned  having  thus  briefly  explained 
to  the  Marquis  di  Circello  the  nature  of  the  claim 
which  the  Qovernmeni  of  the  United  States  has 
commanded  him  to  submit  to  the  reflection  of 
the  (Government  of  His  Sicilian  Majesty,  for* 
bears  at  present  to  multiply  arguments  in  sup- 
port of  it.  He  feels  assured  that  the  equitable 
disposition  of  His  Majesty  renders  superfluous  the 
further  illustrations  of  wnich  it  is  susceptible. 

The  undersigned  has  the  honor  to  renew  to  bis 
Excellency  the  Marquis  di  Circello  the  assur- 
ances of  his  distinguished  consideration. 

WILLIAM  PINKNBY. 


Mr,  Pinkney  to  Mr,  Monroe, 

Naples,  8epUnU)er  28, 1816. 

Sir:  My  exertions  have  not  yet  been  sufficient 
(although  they  have  been  unremitting)  to  obtain 
an  answer  to  my  note  of  the  24th  August;  and 
the  season  is  so  far  advanced  that  I  fear  I  have 
only  another  week  for  further  exertions.  If  I  do 
not  set  out  for  Russia  without  delay,  I  shall  sub- 
ject myself  to  the  hazard  of  being  confined  to  Italy 
by  rains  and  bad  roads  during  a  great  part  of  the 
Winter.  It  is  my  determination,  therefore^  to 
press  immediately  and  finally  for  a  categorical 
reply  to  my  note,  although  I  am  persuaded  that 
the  Marquis  is  in  no  situation  to  give  it.  He 
must  either  reply  at  once,  or  show  why  he  cannot. 

It  has  been  mentioned  to  me  by  those  in  whom 
I  have  confidence,  that  thb  Qovernment  has  been 
extremely  perplexed  by  the  demand  contained  in 
my  note,  and  has  had  it  under  constant  and  anxi- 
ous consideration ;  that,  fearing  after  much  con- 
sultation to  take  the  ground  suggested  for  it,  as 
I  think  in  America,  of  irresponsibility  for  such 
acts  of  Mu rat's  Government  as  my  note  sets  fbrth, 
it  has  been  and  still  is  searching  for  information 
as  to  facts ;  that  diligent  inquiry,  for  example,  has 
been  made  and  is  yet  making,  for  the  original 
papers  of  the  difl*erent  vessels  and  cargoes  for 
which  we  require  compensation,  or  for  such  evi- 
dence as  might  supply  their  place;  and  that  it^is 
probabl*)  that  in  the  end  an  attempt  will  be  made 
to  encounter  at  least  a  part  of  our  demand  with 
proof  (good  or  bad)  that  our  case  is  not  altoge- 
ther such  as  we  suppose  it  to  be  in  the  circum- 
stances. 

I  am  told  their  search  after  the  papers  of  the 
vessels  and  cargoes  is  not  likely  to  be  very  suc- 
cessful ;  very  few— perhaps  none— remain ;  and 


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BeUttimu  wifk  thfi  Mmgdom  ^  Smt^. 


it  is  lot  easy  to  conjeciare  what  sfttiBfactory  or 
even  plausible  substitutes  they  can  procure. 

I  wrote  yesterday  a  private  letter  to  the  Mar- 
quis di  Circello,  urffing  a  prompt  answer  to  my 
note,  aod  desiring  that  he  would  tell  me,  with  a 
view  to  preparations  for  my  departure,  (which 
of  course  he  knew  I  could  not  much  lon|fer  post- 
poq&)  when  I  might  count  upon  receiving  it; 
out  I  now  think  it  necessary  to  demand  an  inter- 
view, with  the  same  object,  to  take  place  either 
tO'day  or  to-morrow.  I  have  the  honor  to  be,  dbc« 
WILLIAM  PINKNBY. 

Extracts  of  a  letter  from  Mr.  Binkney,  Special  JURn* 
iMter  of  the  United  States  at  Naples^  to  Mr.  JHonroe, 
Secretary  of  State,  dated 

Naples,  October  5, 1816. 
On  Sunday,  the  29th  of  last  month,  I  had  an 
interview  with  the  Marquis  di  Circello,  in  pur- 
suance of  the  intention  announced  in  my  last.  I 
pressed  him  for  his  promised  answer  t«  my  note 
ii  the  24th  of  August,  and  insisted  that,  if  he 
aould  not  reply  to  it  immediately,  he  would 
name  the  time  within  which  it  was  probabU  he 
could  do  so.  He  said  that  an  immediate  answer 
was  really  impossible,  and  that  he  could  not, 
without  running  the  risk  of  misleading  me,  fix 
any  precise  time  for  the  giving  of  such  an  answer 
as  should  be  categorical.  I  asked  the  reason  of 
this.  He  observed  that  the  papers  relative  to  the 
vessels  and  caigoes,  for  which  we  now  demanded 
an  equivalent,  had,  in  Murat's  time,  been  scat- 
tesed  about  in  such  a  way,  that,  with  all  the  dili- 
genee  they  could  use,  they  bad  not  yet  been  able 
tie  collect  them,  or  such  information  as  might 
stand  in  their  place;  that  all  proper  steps  had 
been  taken  by  the  Kinff's  Government  for  ob- 
taining these  papers,  and  whatever  elae  was  con- 
nected with  and  material  to  our  claim,  and  that 
tiiey  hoped  that  they  would  soon  be  successful; 
that  our  claim,  apparently  of  large  amount,  was 
made  upon  those  who  confessedly  had  no  parti- 
oipation  in  the  transactions  upon  which  it  was 
founded;  that,  it  was,  therefore,  manifest,  they 
had  all  their  knowledge  of  those  transactions  to 
gain;  that  they  were  sincerely  desirous  of  un- 
Ofrstanding  them  thoroughly;  that,  without  ail 
the  knowledge  of  the  circumstances  of  the  case 
which  could  at  this  time  and  by  due  inquiry  be 
recovered,  the  King  could  not  decide  whether 
he  was  or  was  not  answerable  to  us  as  we 
alleged;  that  a  decision  would  undoubtedly  be 
hastened  and  made  known  to  me  as  soon  as  possi- 
ble, and,  as  he  believed,  within  a  period  or  time 
not  by  any  means  distant;  but  that  I  must  per- 
ceive that  it  was  not  in  his  power,  without  prac- 
tising disingenuousness,  to  assure  me  that  this 
could  be  done  in  a  few  weeks.  After  some  fur- 
ther conversation  on  this  point,  I  told  him  that  I 
feared  I  should  be  obliged  to  leave  Naples  before 
his  answer  was  prepared;  and  as  he  knew  that 
my  ulterior  destination  was  St.  Petersburg,  I  in- 
formed  him,  finally,  that  I  had  determined  to  set 
out  for  Russia  on  Saturday,  the  5th  instant,  (this 
day,)  unless,  by  waiting  a  week  or  two  more,  I 


could  be  sure  of  adjusting  the  business  of  my 
mission.  He  replied,  witu  his  oharaetetittiew 
good  breeding,  that  they  should  be  eitremelf 
sorry  to  lose  me,  and  that  they  had  hoped  to  hnre 
me  with  them  for  some  time,  but  that,  if  my 
duty  elsewhere  called  me  away,  be  would  under- 
take to  send  the  answer  to  my  note,  the  moment 
it  could  be  given,  wherever  I  would  indicate ; 
that  there  was  no  probability  that,  if  I  left  Naplas 
as  soon  as  I  spoke  o(,  or  even  a  week  or  two 
later,  I  should  receive  t)ie  answer  here,  but  that 
if  it  cQuld  be  given  so  promptly  it  should*  I  re- 
joined that  I  doubted  if,  without  instructions,  it 
would  be  well  for  me  to  reeeive  the  answer  nfiar 
I  had  left  the  Kinff's  court  and  territories;  that  I 
confidently  trusted  the  answer  would  admit  put 
claim,  (^though  we  had  no  desire  to  urge  them  in- 
conveniently, as  to  tbtf  time  or  mode  of  payment, 
or  even  to  push  our  demand  to  its  utmoei  evient,) 
but  that,  however  little  such  a  result  was  to  he 
expected,  the  answer  might  contest  our  demand, 
or  an  importan|  portion  of  it;  in  which  eaneit 
was  both  my  duty  and  inclination  to  reply  t«  ike 
answer,  and  to  maintain,  as  I  did  not  fear  to  he 
able  to  do,  the  grounds  of  fact  and  law  upon 
which  I  had  already  relied;  and  tki^  this  wM 
not  be  done  with  advantage,  nor.  perhaps,  witk 
propriety,  unless  with  the  approbation  oC  mf 
Oovernment,  after  my  departure  for  lAOthnr 
station. 

The  Marquis  immediately  expressed  an  opin* 
ion  that  I  might  reffularly  reeeive  the  answwr 
after  I  had  left  the  Neapolitan  dominions;  and, 
in  consequence  of  a  question  which  I  put  to  him 
in  this  stage  of  the  conversation,  (whethsr  it 
might  not  be  more  in  rule  to  o0er  to  deliver  ths 
answer  to  whom,  and  to  where,  the  Government 
of  the  United  States  should  think  fit?)  he  said 
that  he  should  hsve  no  objection  to  anjr  ooqrse 
which  I  preferred,  but  that  he  thought  it  would 
be  best  (as  being  more  respectful  to  me)  that  he 
should  undertake  to  send  the  answer  as  I  shisuld 
prescribe,  especiallv  as  this  course  essentially,  in- 
cluded the  other.  It  would  bs^«  been  impossible 
for  me  to  dispute  an  opinion  referred  to  so  civil 
a  motive,  even  if  the  matter  had  basn  worth  dis- 
puting. 

I  did  not  think,  however,  that  it  was  worih 
more  words  than  had  been  bestow^  upon  it ;  and 
I  therefore  left  the  Marquis,  to  uke  his  own  way 
upon  it,  reserving  to  my  sell  the  power  of  taking 
mii^e  in  due  season. 

In  the  whole  of  this  conversation  (of  whioh  I 
have  very  shortly  stated  the  import)  not  a  word 
was  dropped  by  the  Marquis  condemning  oar 
claim,  or  intimating  that  it  was  likely  to  be  re- 
jected, although  much  of  what  I  said  was  cal- 
culated to  provoke  him  to  do  so ;  but  a^n»  he  said 
nothing  which  amounted  to  an  admission  that  the 
claim  would  be  acknowledged. 

Before  I  went  away,  I  requested  (aod  be  prom- 
ised) that  he  would  write  me  a  note,  expressing 
briefly  what  had  passed  between  us ;  and,  the  evo- 
ning  of  the  same  day,  I  received  from  him  n 
paper  (of  which  a  copy  is  among  the  enclosures) 
written  and  sent  in  consequence  of  that  request; 


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JMuliVuif  «M  ^  iSngdotn  ^  flttriiy. 


iMtl^  DA  contBtniig  tbtc  pftfMX)  1  foaad  it  rtferred  to 
my  uiioffieial  letter,  mentiooed  in  my  Ust,  and 
Aoi  to  oar  interview;  and  moreover,  it  wa*  dated 
llie  27th  of  September,  (perhaps  a  mistake  for  the 
2^tb,  or  possibly  my  mistake  ot  has  fibres,)  which 
was  anteeedeat  to  the  interview.  I  to«c  it  for 
granted,  Ikowever,  that  the  Marquis  had  uoder- 
stood  me  to  wish  that  this  mode  shonld  be  adopts 
ed ;  and,  as  it  was  of  no  importaDoe,  I  did  not  put 
him,  as  at  first  I  thought  or  doing,  to  the  trouble 
of  changing  it.  I  therefore  fooaded  upon  it  the 
three  notes,  (bearing  ibte,  two  of  them  the  dOth 
of  September,  and  the  other  die  1st  of  October,) 
of  which  copies  are  enclosed.  On  the  dd  instant 
I  received  tae  Marquis's  answer  to  my  note  of 
the  30th  of  Beptemher,  which  desired  an  audience 
of  the  King;  and  I  toek  leave,  aocordingly,  on 
Friday,  the  4th  instant,  one  of  the  days  referred 
hy  the  Marquis's  note  to  my  choice,  as  you  wtU 
Mreeive  by  the  copy  of  it  herewith  uansnitted. 
The  King  was  polite  and  kind,  and  conversed  for 
some  time  with  me  on  this  ocMsioD;  but  nothing 
was  said  by  him  whioh  had  any  rdatten  to  the 
objects  of  my  missioa. 

Having  received  my  passports,  my  intention  is 
toeammeace  my  journey  for  8u  Petevshorg  in  a 
very  few  days*  Mf .  King  left  me  for  Russia 
nhont'a  fortnight  ago,  as  my  letter  of  the  18th 
Beptember  inlormed  you  he  wonld ;  and  the  gen- 
tlemen attached  to  my  legation  have  gone  before 
me  to  Rome,  where  I  hope  to  arrive  on  Thursday 
or  Friday  next. 

I  beg  your  attention  now  to  a  few  words  upon 
the  course  which  I  have  pursued  as  Envoy  tUx- 
traordinary  to  Naples,  ana  upon  the  actual  posi- 
tion and  prospects  of  the  chum  which  produced 
it.  My  stay  here  has,  perliaps,  been  a  little 
longer  than  was  aotictpated  when  I  sailed  from 
Amierica ;  but,  upon  a  earefttl  examination  of  my 
instructions,  it  appeared  to  me  that  I  was  directed 
by  Iheaa  to  make  the  attempt  to  obtain  an  aekoowl- 
odgment  of  our  claim  upon  this  Qovernment,  as 
full  and  complete  as  nessible.  without  sacrificing 


to  it  the  intereeu  of  my  minioa  to  Russia.  I 
IwTo  done  this.  As  the  ekim  was  of  great  mag- 
nitude in  a  pecuniary  sense,  involved  important 
principles,  and  tumeil  upon  raeu  into  whicii  those 
-with  whom  1  had  to  deal  had  a  right  to  inquire 
I  oonld  seaicely  hope  to  bring  it  to  an  issue  of 
any  kind  within  less  than  the  two  months  which 
have  elapsed  since  ray  first  reception  here.  With 
regard  to  my  mission  to  Russia,  I  have  yet  made 
no  sacrifice. 

Independently  of  the  explanations  which  I  have 
had,  from  time  to  time,  with  the  Count  Morenigo, 
<the  Russian  Miniater  here)  with  regard  to  my 
•wa  anxiety,  in  conformity  with  the  order  of  my 
Goveniment,  to  be  in  St.  Petersbucg  without  delay, 
those  who  have  experience  of  the  road  assure  me 
that,  if  I  had  started  sooner,  I  should  have  been 
•bliged  to  wait  upon  the  route  for  the  setting  in 
'Of  th»  frost,  and  that  I  should,  therefore,  Irave 
giaiied  nothing. 

On  the  other  hand,  certainly  I  could  have  no 
apology  for  protracting  mv  stay  in  Naples  beyond 
Ihe  time  to  whieh  I  have  limited  it*    My  inslnic* 


tions,  whieh  an jprecisety  what  they  ought  to  be, 
would  not  justify  it.  By  rentaining  here  a  few 
weeks  more,  I  should  postpone  for  several  months^ 
perhaps,  my  arrival  at  Bt.  Petersburg,  by  losing 
the  best  season  for  quitting  Italy. 

Of  the  manner  in  which  my  negotiatioa  has 
been  conducted  I  have  little  to  say.  Avoiding 
extremes  of  every  kind,  I  have  sought  to  write 
and  8{>eak  with  politeness,  bat  at  the  same  time 
explicitly  and  firmly.  My  object  has  been  to  let 
the  King  and  his  ministers  understand  that  Xhit 
claim  must  be  settled,  and  to  place  it  upon  each 
ground  as  to  convinoe  them  that  we  are  in  earn* 
est  in  considering  them  as  our  debtors.  Without 
being  studiously  conciliatory,  I  have  forborne  all 
menaces. 

They  have,  indeed,  treated  me  and  my  errand 
with  so  aracn  respecu  that  it  would  have  been 
dIflieuH  for  a>e,  even  if  it  had  been  wise  and  hen- 
orable,  to  endeavor  to  force  the  claim  upon  them 
by  arrogance  and  harshness. 

I  might,  indeed,  have  contrived  to  display  a 
move  active  and  zealous  importunitf  than  my 
letters  will  be  found  to  describe ;  hut  it  could  only 
have  been  that  teasing  importunity,  which,  want- 
iag  dignity,  and  unauthorised  by  usa^e,  has  noth* 
ing  to  recemmend  its  introduction  into  transac- 
tions like  this.  No  proper  opportunity  has,  I 
think,  been  missed,  to  urge  this  Government  to  a 
favorable  decision.  As  to  the  footing  upon  which 
the  claim  now  stands,  and  the  value  ot  its  future 

frospects,  it  is  obvious  that  much  has  been  gained, 
t  has  been  presented,  (whether  well  or  ill,  I  dare 
not  judge.)  It  has  been  received  in  a  becoming 
manner,  and  entertained  for  deliberation  and  in* 
quiry.  The  way  to  adjustment  has  been  pre- 
pared and  smoothed.  The  great  principle  on 
which  the  demand  was  rested  by  the  QovenH 
raent  of  the  United  States  is  impliedly  conceded, 
and,  at  any  rate,  has  been  greatly  strengthened 
by  the  forbearance  of  this  Oovernment,  not  only 
in  /frafne,  but  even  to  the  last  moment  cf  aiy 
mission,  to  deny  it,  with  opportunity  and  erery 
inducement  to  do  so  constantly  presented  to  it. 
It  was  to  have  been  expected,  and  was  expected, 
that  the  Court  of  Naples  would  resist,  at  the 
threshold,  a  demand  which  directly,  as  well  as 
implicitly,  asserted  its  responsibility  for  the  vto- 
iences  and  fVands  of  Murat.  It  was  its  true 
policy  to  repel  such  a  demand  at  once,  (without 
reference  to  details,)  if  it  meant  to  contest  at  ail 
the  responsibility,  upon  which  the  claimants  alto- 
gether depended,  and  wliioh  formed,  in  truth,  the 
only  dubious  part  of  their  case.  It  was  prepared 
to  take  that  course  (as  I  was  well  assured)  upon 
my  first  arrival,  yet  it  has  not  ventured  to  uke  it. 
On  the  contrary,  it  has  avowedly  busied  itself, 
since  the  presentation  of  my  note  of  the  34th  of 
August,  in  efforts  (which  cannot  be  successful) 
to  lay  a  foundation  of  foct  for  distinctions  that 
may  isct%  it  a  chance  of  escaping  from  our  prin- 
ciple, which  finally  it  declines  to  question. 

The  reasons  suggested  by  thb  Qovernment  for 
m  short  postponement  of  its  decision  are  such  aa 
Isnppose  I  could  not  have  quarrelled  wtth|  with- 
out putting  myself  in  the  wrong.    They  ara  j^r- 


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APIWKDIX. 


1864 


MeUaimB  with  the  EmgOom  rf  8ieiiif. 


i«edy  resptctful  to  the  United  BtatM,  and  of  real 
weight  in  (hemselTes.  Their  effect  is  to  leave  ne- 
l^tiatioD  open,  to  give  encoaragemeDt  to  resane 
It,  and,  at  the  same  time  that  ihej  impart  new 
8o]iditf  to  oar  claims  to  render  an  acquiescence 
on  oar  part  in  a  hrief  adjourn  men  t  of  it  not  only 
consistent  with  oar  honor,  but  a  duty.  In  tlie 
mean  time,  the  two  Governments  are  not  brought 
to  a  disagreeable  issue,  as  (if  the  claim  had  been 
rejected  without  ceremony,  or  even  with  all  the 
ostentation  of  civility,)  they  mieht  have  been. 

In  not  consenting  to  receive  the  answer  of  this 
Government  after  my  departure  from  Naples,  I 
was  a  good  deal  influenced  by  the  apprehension 
that  they  might  possibly  give  me  suen  an  answer 
when  absent  as  they  would  not  give  me  if  present. 
I  deiiied,  moreover,  to  insure  to  my  Government 
a  just  control  over  the  subject,  and  to  the  claim- 
ante  a  clear  stage  for  their  own  private  exertions. 
I  thought  that  a  more  convenient  resting  point 
could  scarcely  be  had,  and  that  it  would  be  better 
that  I  should  afford  time  to  advise  upon  the  case 
to  those  who  had  more  richt  than  I  to  dispose  of 
ic  in  future,  than  that,  adhering  to  my  mission 
after  I  had  separated  myself  from  those  to  whom 
1  was  accredited,  I  should  risk  the  loss  of  every- 
thii^  by.the  exercise  of  a  very  doubtful  authority, 
under  all  sorts  of  disadvantages. 

ne  Marqmi  di  Ciredlo  to  Mr.  Pinkney,  dated 
Naples,  September  27, 1816. 

The  Marquis  di  Circello,  in  reply  to  the  private 
letter  of  his  Excellency  Mr.  Piokney,  in  which 
he  is  pleased  to  remind  him  of  his  official  note  of 
the  24th  of  August  last,  has  the  honor  to  inform 
Mm,  that  notwithstanding  the  great  anxiety  of 
him  (the  Marquis  di  Circello)  to  give  the  reply 
which  he  owes  to  the  ssid  note,  he  is  not  yet  able 
to  give  it,  since  it  must  be  the  result  of  a  reunion 
and  accurate  examination  of  all  the  information 
which  the  subject  of  that  note  requires,  and  for 
obtain  ins  which  orders  have  been  given.  This 
mayprooably  occupy  several  weeks  more,  and  it 
is  of  course  impossible  for  him  yet  to  fix  the 
epoch  at  which  the  said  reply  may  be  given  as 
Mr.  Piokney  desires.  The  writer,  however,  as- 
sures his  Excellency,  that  in  case  his  situation 
should  not  permit  him  to  wait  for  the  said  reply, 
he  will  make  it  his  duty  to  forward  it  whereso- 
ever he  may  indicate. 

In  the  mean  time,  he  profits  of  this  occa- 
sion to  have  the  honor  to  confirm  to  His  Excel- 
lency the  assurances  of  his  distinguished  consid- 
eration. 

IL  MARCHESE  DI  CIRCELLO. 

Mr*  Tinkney  to  the  MarqmM  di  CireeUo,  dated 
Naplxs,  September  30, 1816. 

The  undersigned,  Envoy  Extraordinary  of  the 
United  States  of  America,  had  the  honor  to  re- 
ceive last  night  the  note  of  his  Excellency  the 
iiarqots  di  Circello,  bearing  date  the  37th  instant,* 
vaon  the  subject  of  the  note  of  the  underdgned 
or  the  34th  of  August. 


The  undersized  aertainly  regreu  that  the  QiiHr'- 
emment  of  His  Sicilian  Majesty  has  not  bec» 
able  already  to  honor  him  with  a  precise  reply  to 
that  note;  and  he  regrets  still  more  that,  on  ac- 
count of  the  difficulty  of  collecting  the  informa- 
tion supposed  to  be  necessary  to  a  correct  decision 
upon  the  claim  which  it  preferred,  he  cannot  hope 
to  have  such  a  reply  during  the  time  to  which 
he  is  obliged  to  limit  his  present  stay  in  Naples. 

He  is  perfectly  sure,  however,  that  the  epoch  is 
at  hand  when  His  Majesty's  Qoverament  will  be 
possessed  of  this  information,  and  when  the  jus- 
tice of  the  claim  of  the  Government  of  the  Uni- 
ted States,  in  behalf  of  its  injured  citizens,  will  be 
fully  perceived  and  distinctly  acknowledged. 

The  undersigned,  in  answer  to  that  part  of  the 
note  of  the  Marquis  di  Circello  which  proposes 
to  send  a  reply  to  the  note  of  the  undersigned  of 
the  34th  of  August  wheresoever  the  undersiffned 
may  indicate,  has  the  honor  to  state  to  the  Mar- 
quis di  Circello,  that,  upon'  this  pointy  as  well  as 
upon  all  such  ulterior  steps  as  his  mission  and  the 
subject  of  it  may  be  calculated  to  prodoce,  the 
undersigned  will  think  it  his  duty  to  refer  him- 
self to  his  Government,  which,  at  the  same  time 
that  it  will  give  their  due  weight  to  the  reasons 
which  are  now  assigned  for  a  short  postponement 
of  the  claim  in  question,  will  take  such  measutea 
as  it  shall  think  the  case  requires  with  regard  to 
the  future. 

The  undersigned  takes  this  occasion  to  renew 
to  his  Excellency  the  Marque  di  Circello  the  as* 
surances  of  his  distingaidied  consideration. 

WM.  PINKNEY. 

Mr,  Pinkney  to  the  Marguis  tU  CireeHo,  dated 
Naples,  September  30, 1816. 

The  undersigned.  Envoy  Extraordinary  of  the 
United  States  of  America,  being  about  to  leave 
the  Court  of  His  Majesty  the  King  of  the  Two 
Sicilies,  upon  the  business  of  his  Government, 
has  the  honor  to  request  that  his  Excellency  the 
Marquis  di  Circello  will  have  the  goodness  to  in- 
form him  at  what  time  His  Majesty  will  honor 
him  with  an  audience. 

The  undersigned  avails  himself  of  this  oppor^ 
tuniiy  to  renew  to  his  Excellency  the  Marquadi 
Circello  the  assurance  of  his  most  distingnished 
consideration. 

WM.  PINKNEY. 


Mr,  Pinkney  to  the  Marguie  di  Cireello,  dated 
Naplbs,  October  1, 1816w 

The  undersigned.  Envoy  Extraordinary  of  the 
United  States  of  America,  has  the  honor  to  re* 
quest  of  his  Excellency  the  Marquis  di  Cireello 
the  luual  passports  for  himself,  his  family,  and 
suite,  and  their  baggage,  Ac. 

It  is  his  present  intention  to  go  to  St.  Peters- 
burg by  the  way  of  Vienna ;  but  it  is  possible 
that  he  may  abandon  that  route  in  favor  of  the 
road  through  Berlin.  He  wishes  to  set  oat  at 
the  end  of  this  week. 

He  begs  his  Excellency  the  Marquis  di  Cir- 


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APPENDIX. 


1866 


EeUxHom  itfith  the  Exngdom  rf  Sicily. 


aello  to  accept  tbe  rcDcwed  assarandes  of  his  dis- 
fioffuished  consideration. 

WM-  PINKNEY. 


The  Marquii  di  CireeUo  to  Mr,  Pinkneyf  dated 
Naplis,  October  %,  1816. 

Tbe  andersigned,  Secretary  of  State  and  Min- 
ister of  Foreign  Affairs,  in  reply  to  the  official 
ttote  of  the  30th  of  last  month,  in  which  his  Bx* 
eellency  Mr.  Pinkney,  En^oy  Extraordinarr  of 
the  United  States  of  America,  has  requested  an 
andience  of  His  Majesty  the  King  of  the  Two 
Sicilies,  hastens  to  inform  him  that  His  Majesty 
will  with  pleasure  receiye  him  at  the  royal  palace 
in  Naples  either  to-morrow  or  next  day,  (as  may 
be  most  conTenient  to  his  Excellency,)  at  halt- 
past  eleven  o'clock  in  the  forenoon. 

The  undersigned  reoews  to  his  Excdiency,  d^. 
IL  MARCHESS  DI  CIRCELLO. 

Mtr.  Pinkmff^  Env&v  Esdraordmary  and  Mtnkter 
Plempoteniiary  of  the  United  States  at  Si.  Petert- 
burg,  to  Mr,  Adams,  Secretary  of  State. 

St.  Pbtbrbburg,  Feb.  27, 1817. 
Sir:  Notwithstanding  the  explicitness  of  my 
answer  of  the  30ih  of  September  of  the  last  year 
to  the  proposal  contained  in  the  note  of  the  Mar- 

2uis  di  CireeUo  of  the  27ih  of  the  same  month,  I 
ad  scarcely  quitted  Naples  when  he  sent  after 
me  bis  repiv  to  my  note  of  the  24ih  of  August. 
The  obstacles  which,  while  I  was  present,  threat- 
ened to  retard  that  reply  for  many  a  week,  and 
eren  for  months,  disappeared  with  a  marvellous 
rapidity  after  I  had  deputed ;  for  tbe  reply  passed 
me  on  the  road  to  St.  Petersburg,  and  arrived 
^there  lon^  before  me. 

The  Neapolitan  Minister  at  this  Court  (to 
whom  it  was  forwarded  by  the  Marquis  di  Cu- 
cello^  for  the  purpose  of  being  delivered  to  me) 
manifested  immediately  upon  my  arrival  here  a 
very  anxious  desire  that  I  should  receive  it.  He 
even  entreated  me  to  do  so,  with  such  earnestness 
as  it  was  not  easy  to  resist.  I  refused,  however, 
to  have  anything  to  do  with  his  packet,  and  as- 
signed as  my  reasons  that  I  had  ceased  to  have 
any  right  to  meddle  with  the  subjects  of  my  late 
mission  to  his  Qovernment;  that  the  Marquis  di 
Circello  was  distinctly  told  by  me,  when  I  found 
that  I  must  leave  Naples  without  an  answer  to 
my  note,  that  I  would  not  continue  to  correspond 
with  him  upon  the  claim  which  it  preferred,  un- 
less I  should  be  instructed  to  do  so  by  my  Qov- 
ernment; and  that  he  could  not  but  know,  with- 
out the  help  of  anybody's  information,  that  it 
was  impossible  that  I  should  se  soon  be  in  pos- 
session of  such  instructions,  even  if  the  President 
approved  of  that  course,  (as  it  was  probable  he 
would  not,)  for  the  conclusion  of  my  negotiation. 
The  Duke  proposed  finally  to  write  me  a  let- 
ter, importing  that  he  had  the  reply  to  my  note, 
•and  that  he  wished  me  to  take  it.  I  assented  to 
this,  and  the  short  correspondence,  of  which  a 
«opj  is  enclosed,  was  the  consequence. 

u  I  had  been  perfectly  sure  that  the  reply  was 


a  favorable  one,  and  reauired  no  further  discus- 
sion, (which,  indeed,  I  did  not  understand  it  to 
be  the  intention  of  the  Sicilian  Qovernment  to 
indulge  me  in,)  I  would  have  received  it.  The 
celerity  with  which  it  had  followed  me,  however,  - 
suggested  the  opposite  presumption;  and  the 
Duke's  desultory  conversations  with  me.  as  often 
as  I  met  him.  (in  which  he  talked,  as  the  Mar- 
quis di  Circello  was  wont  to  do,  of  the  poverty 
of  his  master,  &c.,)  did  not  weaken  that  presuinp- 
tion.  Certain  newspapers, too,  professing  to  speak 
from  authority,  had  affected  to  quote  the  reply 
as  a  refusal,  which  had  already  been  eiven  to 
me.  Tou  will  find  a  republication  of  one  of 
those  articles  in  the  enclosed  ChnaervcUeur  In^ 
partidlj  and  will  be  satisfied  that  the  Siciliaa 
Gk)vernment,  or  its  Minister  at  Vienna  or  St.  Pe- 
tersburg, has  dictated  the  latter  part  of  it. 

Upon  the  whole,  having  lost  my  power  to  deal 
with  the  reply  as  its  contents  might  reouire,  and 
fearing  it  was  not  what  it  ou^ht  to  be,  I  thought 
it  my  duty  to  insist  upon  the  impropriety  of  send- 
ing it  at  this  moment  to  me,  (an  impropriety  for 
which  the  Marquis  di  Circello  could  have  no 
motive  that  I  ought  to  sanction,)  and  upon  that 
ground  to  decline  to  take  it.  The  Duke  hat 
shown  uneasiness  at  this  course,  and  I  am  not 
sorry  for  it.  His  Qovernment  is  a  good  .deal 
disturbed  by  our  claim,  and  we  hazard  nothing 
(and  may  gain)  by  practising  upon  its  anxiety 
within  certain  bounds,  or  e? en  to  any  extent  we 
think  fit. 

I  have  the  honor  to  be,  with  very  distinguished 
consideration,  sir,  your  most  obedient  humble 
servant, 

WILLIAM  PINKNEY. 

Hon.  Secretary  of  State. 

The  Duke  of  S&ra  CapHola  to  Mr.  Pinkney. 
St.  Pbterbbdro,  Feb.  7,  (19,)  1817. 

Sir:  I  have  received  from  my  Court  a  note 
in  answer  to  that  addressed  by  your  Excellency 
to  the  Marquis  di  Circello  on  the  24th  of  Augiut 
last,  and  which  it  was  not  possible  to  deliver  yoa 
before  your  departure,  on  account  of  the  informa- 
tion necessary  to  be  taken  relative  to  the  bnsi* 
ness  with  which  you  were  charged  by  your  Qov- 
ernment. 

1  have  the  honor  to  give  you  this  information, 
for  the  purpose  of  knowing  if  you  are  willing:  to 
receive  it,  and  take  your  arrangements  for  tnat 
purpose. 

In  the  meanwhile,  be  pleased  to  receive  the 
assurances  of  the  very  distinguished  considera-^ 
tion  with  which  I  have  the  honor  to  be,  sir,  your 
Excellency's  most  humble  and  most  obedient 
servant, 

SEREA  CAPRIOLA. 

».  Pinkneife  answer  to  the  foregoing. 
St.  Petbrsboro,  Feb.  20, 1817,  (AT.  8.) 
Sir:  It  would  have  been  particularly  agreeaUe 
to  me  to  obtain,  during  the  continuance  of  my 
functions  as  the  Envoy  Extraordinary  ot  the 


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BeMmt  itOlk  <ik  iOiwrfMi  ^4MJ^ 


United  SMites  at  Naples,  while  I  migbt  regnlaily 
haTe  taken  and  acted  upon  it^  an  answer  to  the 
note  which  in  that  character  I  addressed  to  the 
Marqnis  di  CircelJo  on  the  24th  of  August  of  the 
last  year,  and  I  ceruinly  spared  nt  efforts  for 
that  purpose. 

I  found  it  impracticable,  howefer,  after  the 
importunity  of  many  weeks,  to  pbuin  either  an 
answer^  or  the  designation  of  any  precise  time 
within  which  I  might  be  authoraed  to  expect 
one ;  and,  as  mj  ulterior  duties  here  would  not 
suffer  me  to  wait  at  Naples  for  the  issue  of  in^ 
quhries  and  dehberations^  of  which  aTowedly  the 
term  could  not  be  foreseen  e?en  br  those  who 
were  engaged  in  them,  I  was  compelled  to  leafe 
unsettled  the  subject  of  my  note  and  to  pot  an 
end  to  my  missieo* 

fify  power  to  correspond  with  the  Gorernmeot 
ef  the  King  of  the  Two  Sicilies  upon  that  sub- 
ject, or  otherwise  to  assume  an  agency  in  it,  has 
consequently  ceased,  and  can  only  be  renred  by 
the  President  of  the  United  States,  from  whom  i 
deriTed  ii  originally,  and  to  whom  I  ha?e  ren- 
dered an  account  of  the  use  which  I  was  able  to 
make  of  it.  Whether  it  will  be  his  pleasure  to 
renew  it  in  any  degree^  or  in  what  other  way  be 
will  think  it  proper  to  deal  with  the  subject,  I 
have  no  means  of  knowing  I  know  only  that 
he  has  yet  given  me  no  orders  upon  it,  and  that 
there  has  not  been  time  for  such  orders. 

The  Marquis  di  Circello  must  be  prepared  for 
this  answer  to  your  Bxcellenoy's  letter  to  me  of 
the  19th  instant  if  he  does  me  the  honor  to  pre- 
setfe  any  recollection  of  my  note  to  him  ef  the 
90th  of  September  last,  of  which  (as  well  as  of 
his  note  t^  me  of  the  87th  of  the  same  month)  I 
shall  l)e  Tery  willing  to  give  you  a  copy  if  you 
desire  it. 

I  ha?e  the  honor  to  be^  with  Tery  distinguished 
conaid««lfOQ,  yowr  SMalleiiey*s  mmi  i^ient 
huiu^U  servanL 

WILLIAM  PINBUHBY, 

His  Sm'y  the  Dues  of  Bbrua  Capbiola. 


TU  Ikdf  of  atrrmCajpHOiUM^PMm^. 
St.  pBTiBSBUBOyJRfd.  9,  (21.)  1817. 

Bib:  I  receired  yesterday  the  letter  by  which 
yout  Blcellency  has  been  pleased  to  reply  to  that 
which  I  addressed  to  you  on  the  7th  (19th)  of 
this  month,  staling  the  reasons  by  which  you 
consider  yourself  no  longer  authorized  to  reeeire 
the  note  in  answer  to  it,  transmitted  to  me  by 
the  Minister  of  His  Majesty  the  King,  my  master. 

Tour  fixceiiency  will  readily  conceive  how 
unpleasant  and  painful  it  must  nave  been  to  the 
Sin^  not  to  have  been  able  to  cause  an  answer  to 
be  given  to  your  note  of  the  24th  of  August  last, 
during  ^our  mission  at  Naples;  but  you  are 
aware^  sir,  that  that  answer  must  necessarily  have 
been  founded  on  documents  and  probfs  not  easily 
]>rocuredy  inaamudk  as  the  iransaotion  in  discus- 
sion took  place  under  a  Government  foreign  to 
the  existiog  one.  If  this  delay  was  painful  to  the 
King  and  to  his  Ministry,  how  much  more  will 
it  not  be  on  seeing  the  answer  again  impeded.    I 


consider  it,  therefore,  my  duty,  sir,  to  engage  ydo 
to  receive  the  packet  I  am  charged  with,  at  leiMC 
for  fhe  purpose  of  transmitting  it  to  your  Qov- 
emment.  jBy  this  means  you  will  satisfy  Uie 
wishes  of  my  Qovemment,  and  make  the  Presi* 
dent  of  the  United  Stales  acquainted  with  the 
well^fimnded  argumeiats  which  might  accelerate 
the  termination  of  this  aiair. 

Avmiling  myself  of  the  ofibr  you  hare  nmdm 
me.  sir,  I  have  to  request  you  would  be  pleaoeA 
lo  favor  me  with  a  copy  of  the  Marquis  of  Cii- 
cello's  letter,  and  of  yout  answer  of  ^e  89ch  B^^ 
lember.  You  will  thereby  ireetlv  oblige  me^  air ; 
and.  in  thus  tendering  you  «iy  acBnowIedgma  niB 
lor  It,  I  seise  the  preoenl  occasion  of  renewing  to 
you  the  assurances  of  the  very  distinguished  eo»* 
sidesation  with  which  I  haTc  the  honor  tohe,sir« 
your  BxceUeney's  most  humble  and  aMMobt- 
dient  servnnit 

aaitlU  CAPRIOLA. 

St.  PBTBBanuEUi  Fc&.dl,  1817,  (iK  SL) 

Sir:  It  would  really  give  me  sincere  pleasure 
to  be  able  to  conform  to  the  wish  which  your 
Excellency  presses  upon  me  with  so  much  earn* 
estness;  but  I  feel  insnrmoqnuble  repugnance^ 
arising  out  of  what  I  believe  to  be  a  correctsease 
of  my  duty,  to  giying  any  sanction  to  the  making 
of  a  communication  to  me^  as  if  I  were  still  th6 
accredited  Envo^^  of  the  United  States  at  Naplea» 
I  can  haTc  no  difficulty,  howcTer^  in  consentiuft 
to  forward  to  the  Secretary  df  State  of  the  Uni- 
ted States  anything  which,  by  order  of  youc 
Court,  you  may  think  fit  to  address  to  him. 

What  may  be  the  nature  of  the  packet  whiek 
has  followed  me  from  Naples  I  do  not  know,  and 
do  not  desire  to  know,  further  than  that  it  is  ia 
answer  to  a  note  written  by  me  in  an  official 
character  which  I  no  longer  possess.  I  have  tlua 
utmost  confidence,  indeed,  that  it  proposes  a  flur 
indemnity  lo  our  plundered  merchants,  not  only 
with  reference  to  that  part  of  the  spoil  whico» 
not  having  been  sold  by  Murat,  has  passed  into 
the  hands  of  His  Majesty  the  King  of  the  Two 
Sicilies,  and  is  now  in  his  possession,  but  with 
reference  also  to  that  larger  portion  of  it  which 
was  converted  into  money.  But  let  it  propose 
what  it  may,  it  is  not  to  me  that  it  should  addreas 
itself,  at  least  until  my  (Government  is  known  to 
haTC  given  me  such  instructions,  which  it  has  not 
yet  had  time  to  give,  even  if  it  be  disposed  to 
adopt  that  course,  as  may  justify  me  in  receiving 
it,  and  in  acting  upon  it  as  its  contents  may  re- 
quire. 

The  copies  which  you  desire  are  herewith  en- 
closed. They  will  satisfy  you  that  the  Marquis 
di  Circello  ought  to  anticipate  the  answer  which 
I  now  repeat  to  your  application. 

I  have  the  honor  to  be,  with  the  most  distin- 
guished consideration,  your  Excellency's  most 
obedient,  humble  servant, 

WILLIAM  PINKNEY. 

His  Ex.  the  Dukb  ni  Sbbba  Caprioul. 


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MkOhm  mM  ihe  JPNgeiMi  tf  fiKe%» 


ted  Statu  at  PaHff  to  Mr.  Mmroe^  SsarHary  of 

Stat9,dattd 

Paris,  Ncfvember  19, 1816. 

1  ree^ired,  od  the  16th  instant,  a  note  from  the 
Neapolitan  Ambassador,  enclosing,  by  order  of 
his  Cotrrfjthe  copy  of  an  official  note,  dated  15th 
October  last,  and  addressed  by  the  Marqais  di 
CiroeHo  to  Mr.  Pinkney,  after  his  departure  from 
Naples.  In  answer  to  a  Terbal  inqairy,  the  Am- 
ba»ador  told  me  that  he  did  not  snow  whether 
that  note  had  been  directed  to  Mr.  Pinkney,  at 
Si.  PetefsbtirfyOr  at  any  other  place  on  the  road. 
He  also  said  that  his  Goremment  had  authorized 
him  to  add  to  that  communication  to  me  any 
fdrthet observations  which  he  mtjght  deem  proper, 
but  that  he  had  absuined  from  it,  knowing  that 
neither  he  nor  myself  had  any  powers  on  that 
suMect,  and  wishing,  therefore,  to  avoid  an  un- 
prontabie  discussion. 

It  may  be  presumed  that  the  Neapolitan  Qov- 
ernment  delayed  that  note  in  order  to  |>retent  the 
poBsibilitT  of  a  reply;  and  that  their  intention  in 
communicating  it  to  me  was  to  hasten  its  trans- 
mi8sk>n  to  you.  Copies  of  the  official  note  itself, 
and  of  that  of  the  Ambassador  to  me,  are  enclosed. 

Pakis,  N»vmbet  15, 1816. 

The  aadersigned,  Ambassadofr  Eitraordinary 
of  Hi«  Majesty  tbe  King  of  the  Two  BiciHes,  has 
t^  bvaar  to  trausnit,  by  or^r  of  his  Court,  to 
Mr.  Qallatin,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  United  States  of  America, 
m  eovy  of  an  official  note,  addressed  by  the  Mkr- 
ftU  dl  C^oeMo,  Minisier  and  Secretary  of  State 
di  Mi  itfid  Majesty,  to  Mr.  Pinkney,  Envoy  Ex* 
tva#vdinary  and  Minister  Plenipotentiary  of  the 
Uftiiad  States,  in  Miewer  to  his  note  of  the  Sith 
of  Attgust  last,  on  tfae  subject  of  certain  Ameri- 
can vessels  confiscated  in  1809  by  Mttrat. 

The  nderswned  avaUe  himaelf  of  this  occask)n 
i^tenew  to  w.  Oallatiii  the  assurances  of  %is 
hirt  ooasideratioD. 

CABTBLCICALA. 

Thi  Marguii  of  CireeUo,  Mnuter  of  Foreign  Jffain 

ai  Nia^ki,  to  JU^.  PtitAiM^,  Spteuii  Minuier  qfthc 

Vniuastatci. 

Naples,  October  18, 1816^ 

Although  the  Cbvernment  of  His  Majesty  fhe 
King  of  the  Two  Sicilies  was  from  the  first  mo« 
OMUt)  ia  a  dtnatioo  to  judge  of  the  validity  of  the 
ftmdBslraiice  and  d^ataads  made  by  his  Baeel- 
leney  Mr.  Pifikney,  E«nvoy  Extraordinary  of  the 
Uftiled  States  of  America,  in  his  note  o€  the  IMth 
Ailgust  last,  nevertheless,  wishing  to  examine 
MM  discuss  them  under  all  their  aspects  of  right 
and  of  foot,  it  has  waited^  accordingly,  until  ail 
the  aaateriale  and  lighta  were  collected  proper  to 
thiaettd. 

The  many  difficulties  auending  the  search  af- 
ter thoae  materlalsy  owing  to  the  change  in  the 
Older  oi  thiiiga  during  which  the  facts  occurred 


that  have  given  rise  to  the  dematlds  of  Mr.  Piak- 
ney,  rendered  it  imposible  for  the  Royal  Govern* 
ment  to  reply  to  tne  note  of  his  Excellency  be- 
fore his  departure  from  Naples. 

Now  that  the  papers  and  appropriate  inquiries 
have  shed  the  strongest  light  upon  the  anair  in 
question,  the  undersigned,  Councellor  and  Sec- 
retary of  State,  Minister  of  Foreign  Aflhirs  of 
His  Majelty  the  King  of  the  Two  Sicilies,  has* 
tens  to  give,  by  order  of  his  Sovereign,  the  foK 
lowing  replv  to  Mr.  Pinkney,  requesting  his  Ex- 
cellency to  be  pleased  to  communicate  it  to  hl# 
Qovernment. 

All  the  arguments  contained  in  the  note  of  th^ 
dith  Almost  look  to  the  end  of  making  His  Ma- 
jesty's Qovernment  responsible  for  the  conse- 
quences of  the  confiscation  and  sale,  whether  jutft 
or  unjust,  of  several  American  vessels  and  cai^gOe^ 
Which  took  place  in  Naples  while  the  kingdotik 
was  held  by  Marat. 

In  support  of  this  pretension,  it  is  assumed  f  hit 
the  abuse  of  power  and  violation  of  good  faith, 
by  which  these  arbitrary  acts  #ere  committedj 
ate  of  such  a  nature  as  to  survive  the  politicn 
authority  of  the  author  of  theim,  and  that,  or 
course,  as  there  accrued  a  right  of  reclamation 
against  the  Government  of  Murat,  there  exlstir 
one  also  against  the  present  Government  of  the 
Tiro  Sicilies. 

His  Exeelleiifcy  adds,  that  although  the  AiMrt- 
can  claimants  have  not  the  means  of  ascimaining 
to  what  uses  the  ^oduce  of  the  abovementioned 
sales  was  applied,  yet  they  may  presume  that  ill 
was  expended  in  works  and  objects  of  pubfie 
tttility,  or  left  In  the  public  eoflfers;  and  therefor^' 
affirms  that,  under  this  point  of  view,  likewise, 
His  Majesty's  GK>vernment  is  bound  to  indemnify 
the  victims  of  the  spoliatioas  committed  diiriof 
the  ascendency  of  Murat. 

Without  undeKakittg  to  inqutre  whether  a  sort 
of  succession  or  inheritance,  in  legitioiate  and 
illegitimate  Governments,  can  be  maintained 
upon  good  grounds,  the  undersigned  will  be  eott- 
tent  to  remark  that,  whatever  may  be  the  opftfiolk 
of  publicists  as  to  tnis  point,  no  one  has  ever  pre- 
fended  to  visit  the  injustice  of  the  contnlcts  or 
deeds  of  usurpers  upon  the  people  subjected  ta 
their  yoke,  or  upon  the  legitimate  sovereigns. 

That  theory  would,  indeed,  be  a  diseonsoiatiif 
one  which  should  extend  the  power  of  an  enemy 
not  only  to  the  consequences  of  fact,  but  even  to 
those  of  right.  The  victory  which  restored  the 
legitimate  prince  would  be  fatal  to  both,  if  it  must 
have  the  effect  of  making  him  responsible  for  the 
acts  of  injustice  and  violence  which  the  usurper 
might  have  perpetrated  against  foreign  nations. 

It  avails  not  to  say  that  these  are  of  the  de- 
scription of  obligations  and  engagements  which 
survive  the  oVerthrow  of  the  usurped  dominion, 
as  common  to  the  nation  over  which  that  do* 
minion  was  exercised.  This  wonld  be  the  place 
to  determine  whether  we  could  reasonably  quali- 
fy, as  an  obliffation,  an  engagement  from  GtoV* 
ernment  to  Government,  or  nation  to  nation,  a 
mere  right  of  reclamation,  which,  according  to 
the  obligation  of  Mr.  Pinkney  himself,  the  Xfnit- 


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APPENDIX. 

Relations  with  the  Kingdom  of  Sicily. 


ivn 


ed  States  kept  in  reserve,  to  be  exercised  with 
Murat,  had  not  his  power  been  subverted. 

But  the  undersigned  will  simply  ask  bis  Ex- 
cellency if  that  very  right  is  not  to  be  regarded 
AS  null,  seeing  that  the  continual,  strong,  vehe- 
ment demands,  officially  made  by  the  Consul 
General  of  the  United  States  at  Naples  upon  the 
Minister  of  Murat,  for  the  restitution  of  the  con- 
fiscated vessels  and  cargoes,  or  compensation  to 
the  American  owners,  were  rejected,  or  remained 
Without  a  reply  ?  However  this  may  be,  it  is 
always  incontestable  that  it  is  not  against  the 
actual  Government  of  His  Majesty  that  a  right, 
to  which  he  who  created  it  would  not  hearken, 
can  be  tried,  as  it  were,  in  the  nature  of  an  appeal. 

It  is  amone  the  principles  of  reason  and  justice, 
that  a  sovereign,  who  never  ceased  to  be  in  a  state 
of  war  with  the  usurper  of  his  dominions,  and 
who,  very  far  from  having  afibrded  grounds  for 
presuming  that  his  rights  were  waived,  as  is  as- 
serted in  bis  note  of  the  24th  August,  carried 
into  effect,  in  concert  with  his  ally,  England,  a 
powerful  expedition  in  the  islands  of  Procida  and 
tschia,  nearest  to  the  capital  of  his  usurped  king- 
dom, in  the  year  1809,  precisely  that  in  which 
the  confiscation  of  the  American  ships  at  Naples 
took  place.  It  is  among  the  principles  of  reason 
and  justice,  that  he  should  not  be,  on  regaining 
his  dominions  in  process  of  the  war  which  had 
compelled  him  to  absent  himself  from  them,  held 
responsible  for  the  excesses  of  the  enemy. 

Let,  then,  the  relations  of  the  usurper  with  the 
Powers  friendly  or  allied  to  France  have  been 
what  they  may,  the  inference  which  the  Ameri- 
can merchants  may  have  drawn  from  them,  in 
relation  to  the  prosecution  of  their  trade  at  Na- 
ples, should  not  be  made  to  recoil  upon  the  trea- 
sury of  a  sovereign  who  not  only  did  not  show 
any  the  least  acquiescence  in  the  usurpation,  but 
did  all  that  was  in  his  power,  and  all  that  circum- 
stances would  permit,  to  vindicate  his  abused 
righu.  There  is  still  less  foundation  for  the  ar- 
guments brought  forward  in  the  note  of  the  24th 
August  to  prove  that  the  Neapolitan  nation  was, 
in  some  sort,  a  party  to  the  measures  by  which 
the  Americans  suffered,  and  therefore  liable,  in 
Bolidum^  for  the  consequences. 

If  the  inhabitants  of  the  kingdom  of  Naples 
could  only  have  signified  their  wishes,  these 
would  undoubtedly  have  been  for  the  mainte- 
nance of  relations  of  justice  and  friendship  with 
the  Americans,  the  only  nation  which,  by  means 
of  its  neutrality,  might  provide  a  vent  for  the 
commodities  accumulated  through  so  many  years 
in  the  kingdom,  under  the  operation  of  the  noted 
continental  system  of  ruinous  memory. 

But  everybodv  knows  that  the  Neapolitan  na- 
tion, prostrated  by  a  foreign  domination,  was  but 
the  mournful  spectator  and  first  victim  of  the 
arbitrary  acts  which  were  daily  committed.  So 
far,  then,  from  beins  able  to  indemnify  others,  it 
would  be  exceedingly  fortunate  if  she  could  find 
means  of  compensating  herself  for  the  losses  and 
immense  injuries  which  she  sustained  during  the 
occupation  of  the  kingdom. 

These  considerations  would  be  more  than  suf- 


ficient to  prove  that  the  claims  of  the  Amenean 
merchants  cannot  reach  either  the  actual  Qofera- 
ment  of  His  Majesty  or  his  people. 

But,  to  make  the  demonstration  complete,  and 
to  exhibit  the  question  under  all  its  aspects,  the 
undersigned  will  admit,  for  a  moment,  theabsard 
hypothesis,  that  the  present  Government  of  Na- 
ples stands  in  the  place  of  that  of  Murat,  and  has 
succeeded  to  all  his  obli^tions. 

The  demand  of  Mr.  Pinkney  will  not  be,  oa 
this  account,  the  less  unsustainable,  since  the  con- 
fiscation and  sale  of  the  American  vessels  and 
cargoes  were  acts  which  proceeded  directly  from 
the  power  and  from  the  will  of  Bonaparte.  There 
exists,  in  fact,  in  the  archives  of  the  Treasury,  a 
report  of  the  Minister,  Agar,  who  presided  over 
that  Department  in  1809,  addressed  to  Murat,  who 
was  then  at  Paris. 

The  Minister  relates,  in  this  report,  that  two 
American  ships  had  arrived  at  Naples,  one  from 
Salem,  the  otber  last  from  Algiers,  laden  wilk 
colonial  produce;  and  that  the  necessary  orders 
had  been  given  to  put  the  same  under  sequestra- 
tion, conformably  to  the  directions  antecedently 
issued  from  higher  authority,  with  respect  to  the 
other  vessels  arrived  at  Naples,  before  the  depart- 
ure of  Murat  for  Paris. 

He  proceeds  then  to  point  out  the  great  bene- 
fit which  the  treasury  would  derive  from  open- 
ing the  market  to  the  colonial  prodtlce  lying  on 
board  those  ships,  or  in  the  custom-house  of  Na- 
ples, by  the  duties  which  would  be  coUeeied 
upon  the  sale  of  it,  and  upon  the  export  of  tha 
Otis  which  the  Americans  would  take  as  iretan 
cargoes. 

The  Minister  remarks^  in  fine,  that  the  ceaia* 
cation  itself  of  the  American  vessels  and  cargoes 
was  but  an  inconsiderable  resource,  compared 
with  the  very  great  advantage  which  would  hare 
resulted  to  the  treasury  from  an  active  American. 
trade,  could  it  have  been  tolerated  in  the  ports  oi 
the  kingdom. 

Murat  did  not  deem  himself  authorised  to  de- 
cicS  in  any  way,  and  submitted  the  report  to  hia 
brother-in-law.  Napoleon,  who  decreed,m  margia. 
that  the  vessels  and  cargoes  in  question  shoald 
be  confiscated,  because  the  embargo  laid  in  the 
ports  of  the  United  States  induct  him  to  be- 
lieve that  the  produce  must  be  British  propertT, 
and  its  introduction  into  the  Continent  a  breacli, 
therefore,  of  the  two  famous  Berlin  and  Milaa 
decrees. 

On  the  disclosure  of  this  decision  of  Bonapaite 
in  Naples,  it  was  ordered,  also,  that  the  proceeds 
of  the  sales  should  not  be  paid  over  to  the  treasury 
of  the  State,  but  that  a  separate  and  special  ac- 
count should  be  opened  for  them,  which  was  done 
accordingly.  In  order  to  understand  well  this 
distinction,  and  to  be  able  to  draw  from  it  the 
consequences  applicable  to  the  case,  it  is  oaefd 
to  note,  that  during  the  military  occupation  of 
the  kingdom,  there  existed  a  treasury,  so  called, 
destined  to  receive  the  public  revenues  and  defray 
the  public  charges ;  and  as,  among  the  latter,  the 
support  of  the  luxurious  household  of  Murat  was 
not  the  least  onerous,  accordingiy  the  soBia  aliot* 


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XPFBaKDTX. 


187« 


yiAe  Spanuh  ^rovAiedt. 


M  (#  thift  psfpoir  wfit  paiil  iMo  the  hmis  of  a 
pMruoDkr  traAsnier,  w1m>  iUsposfd  of  Um«  as  bit 
BMster  directed. 

Betides  Ibis  |Mtrtiealar  chest,  into  which,  more- 
over,  all  the  proceeds  of  the  prirate  domain  were 
eaptiedi  Morat  established  aaother,  by  the  name 
<^ separate  account  or  fund,  (canto  a  parte,)  as  a 
ffo^taUe  for  the  sums  arising  from  the  sale  of 
the  lessels  and  cargoes  confiscated  in  1809  and 
181d,aBd  also  for  the  profits  of  the  licenses  which, 
in  i«ilatioB  of  England  and  France,  he  sold  to 
the  vessels  entering  and  lea? ins  the  ports  of  the 
kingdom*  The  new  fund  was  always  considered 
as  appertaining  to  the  eztrdordinarjr  and  private 
domain  of  Murat  himself.  An  irrefra^ble  proof 
of  this  may  be  offered.  The  first  article  of  one 
of  his  decrees,  of  25th  April,  1812,  is  conceived 
ift  the  following  terms:  ^  The  eommissfoa  estab- 
lished by  our  decree  of  November  30, 1811,  for 
the  purpose  of  It^idatin^  the  accounts  of  our 
royal  household,  is,  in  addition,  charged  with  ex- 
aEBMBiog  the  accounts  of  the  Tessels  sequestered 
in  our  ports,  regarded  by  us  as  the  property  of  our 
extraordinary  and  private  domain." 

Besides,  it  is  enough  to  read  the  account  ren- 
dered of  the  cashier  of  the  separate  fund,  to  know 
that  the  sums  paid  into  it  were  dissipated  in 
Uogeases  to  the  favorites  of  Murat,  in  marriage 
ponioBs  to  some  of  his  relatives,  and  in  other 
ucentieiis  espenses  of  Murat  and  of  his  wife,  es- 
pecially during  their  visit  at  Paris.  It  appears; 
moreover,  that  Murat  having  aiuieipated  on  saio 
fund  a  a«m  of  two  hundred  thousand  livres  on 
ttoaount  of  the  treasurv,  towards  the  cost  of  the 
expedition  with  which,  during  several  months, 
he  naeoaced  Sieiiy  with  an  invasmo  from  Cala- 
biia,  the  Minister  of  the  Finances  lost  no  time 
in  veimbufsiag  the  fund  with  the  proceeds  of  the 
pvhlie  taxes. 

From  the  foregoing  statement,  two  important 
M»i  obvious  consequences  are  to  be  drawn.  The 
irstis,  that  Murat  only  lent  his  name  in  theoon- 
flscation  of  American  ships,  as  he  did  merely  in 
all  the  other  measures  pursued  in  Naples  during 
the  oecapation  of  the  kingdom.  This  was  no 
aystery.  nor  oould  foreign  nations  be  ignorant 
of  it.  mill  less  could  they  be  unacquainted  with 
the  extent  of  the  power  which  Bonaparte  usurped, 
id  order  to  give  all  possible  latitude  of  effect  to 
hb  deerees  of  Milan  and  Berlin,  in  the  countries 
over  which  he  exerted  his  fatal  influence. 

Obstinate  in  his  Aintasies,  absolute  in  his  will, 
he  stndied  only  to  enlarge  the  sphere  of  his  favo- 
rite plan.  A  mere  remonstrance  on  this  head,  if 
Murat  had  allowed  himself  to  prefer  one,  would 
have  cost  the  latter  his  crown.  Holland  furnished 
an  incontestable  example  of  this  truth. 

Murat,  then,  let  it  be  repeated,  was  but  the  pas- 
aiTe  insuument  of  the  will  of  Bonaparte  in  the 
eonfiscaiion  of  the  American  ships ;  and  if  this 
could  give  birth  to  responsibility,  such  responsi- 
bility should  no  longer  be  imputed  to  the  country 
OTer  which  he  reigned,  and  still  less  to  the  Gov- 
ernment which  has  there  resumed  its  lawful  au- 
thority. 

The  other,  and  not  less  important  caaaequence, 


is,  that  the  tretenry,  which  was  the  fund  of  the 
State,  never  enjoyed  the  proceeds  of  the  confisca- 
tions, and  that,  instead  of  being  employed  to  al- 
leviate the  burdens  of  the  people,  or  anplied  to 
the  improvement  or  embellishment  of  the  coun- 
try, as  is  suppo8e4  in  the  note  of  the  24th  of 
August,  those  proceeds  only  served  to  feed  the 
caprices  and  the  oriental  pomp  of  the  fkmily  of 
Murat  and  his  adherents. 

After  this  rapid  and  faithful  exposition  of  fiiets, 
the  undersigned  will  not  enter  upon  the  inouiry 
whether  the  American  m^chants  would  have 
been  entitled  to  call  for  indemnity,  if  the  Power 
which  cMBmanded  and  executed  the  confiscation 
of  their  property  had,  unfortunately,  continued  to 
flourish. 

He  will  go  no  further  than  to  remark  to  hfe 
Pinkney,  that  such  a  call  could  not  affect  the  ac- 
tual Government  of  His  Majesty,  nor  his  people; 
and  his  Bsceilency  and  his  Government  are  too, 
enlightened  and  too  ttnpartial  net  to  be  fully 
convinced  of  this^  now  that  they  can  dwell  upon 
circumstances  which  perhaps  were  not  previously 
within  their  knowledge. 

The  undersigned  renews  to  Mr.  Pinkne]r,  oa 
this  oeeasion,  tbe  assurance  of  his  most  distin- 
guished consideration. 

IL  MARCHESS  DI  CIRCELLO. 


INDEPENDENCE  Ol'  THE  SPANISH  PKOY- 
INCES.  ' 

[Commniiicated  to  the  House,  Msrdi  35,  K18.] 
7b  the  House  of  R^esenfaiivei  of  the  United  States.- 

In  conformitjr  with  the  resolution  of  the  House 
of  Representatives  of  the  5th  of  December  last, 
I  now  transmit  a  report  of  the  Secretary  of  State, 
with  a  copy  of  the  documents  which  it  is  thought 
proper  to  communicate,  relating  to  the  indepen- 
dence and  political  condition  of  the  provinces  of 
Spanish  America. 

JAMBS  MOMROB. 

Washington,  March  25, 1818. 

Defabtmbnt  of  Statb, 

March  25,  1818. 

The  Secretary  of  State,  to  whom  has  been  re- 
ferred the  resolution  of  the  House  of  Representa* 
tives  of  the  5th  December,  has  the  honor  of  sub- 
mitting ihe  documents  herewith  transmitted,  as 
containing  the  information  possessed  at  this  de- 
partment requested  by  that  resolution. 

In  the  communications  received  from  Don 
Manuel  H.  de  Aguirre,  there  are  references  to 
certain  conferences  between  him  and  the  Secre- 
tary of  State,  which  appear  to  require  some  ex- 
planation. 

The  character  in  which  Mr.  Aguirre  presented 
himself  was  that  of  a  public  agent  from  the  Gov- 
ernment of  La  Plata,  and  of  private  agent  from 
that  of  ChilL  His  commissioDs  from  both  sim» 
ply  qualified  him  as  agent.  But  his  letter  from 
tbe  aapreme  Director  (Pueyrredon)  to  the  Pres* 


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1878 


APPiaroiK. 


1870 


Aidependenee  qf  the  Spanish  Prmrincde. 


ideDt  of  the  United  States  requested  that  he  might 
be  reeeiyed  with  the  coasideration  due  to  his  di- 
plomatic character.  He  had  no  commission  as  a 
public  Minister  of  any  rank,  nor  any  full  power 
to  negotiate  as  such.  Neither  the  letter  of  which 
he  was  the  bearer,  nor  he  himself,  at  his  first  in- 
tcrtiews  with  the  Secretary  of  State,  suggested 
that  he  was  authorized  to  ask  the  acknowledg- 


ment of  his  Gk)vernment  as  independent;  a  eir-  ^connected  with  others,  stating  the  reasons  upon 


eomstance  which  derived  additional  weight  from 
the  fact  that  his  predecessor.  Don  Martin  Thomp- 
son, bad  been  dismissed  by  the  Director  Pueyrre- 
don,  for  having  transcended  his  powers,  of  which 
the  letter  brought  by  Mr.  Agnirre  gave  notice  to 
the  President. 

It  was  some  time  after  the  commencement  of 
tl|€  session  of  Congress  that  he  made  this  demand, 
as  will  be  seen  by  the  dates  of  his  written  com- 
munications to  the  department.  In  the  eonfer- 
enees  held  with  him  on  that  subject,  among  other 
questions  which  it  naturally  suggested  were  those 
of  tkie  manner  in  which  the  acknowledgment  of 
bis  Qovemment,  should  it  be  deemed  advisable, 
mi^ht  be  made ;  and  what  were  the  territories 
which  he  considered  as  forming  the  State  or  na- 
tion to  be  recognised.  It  was  observed,  that  the 
manner  in  which  the  United  States  had  been  ac- 
knowledged as  an  independent  Power  by  France 
was  by  a  treaty  concluded  with  them,  as  an  ex- 
isting independent  Power;  and  in  which  each 
one  of  the  States  then  composing  the  Union  was 
distinctly  named ;  that  something  of  the  same 
kind  seemed  to  be  necessary  in  the  first  acknowl- 
edgment of  a  new  Qovernment,  that  some  defi- 
nite idea  might  be  formed,  not  of  the  precise 
boundaries,  but  of  the  general  extent  of  the  coun- 
try thus  recognised.  He  said  the  Government  of 
which  he  desired  the  acknowledgment  was  the 
country  which  had,  before  the  revolution,  been 
the  viceroyaity  of  La  Plata.  It  was  then  asked 
whether  that  did  not  include  Montevideo,  and 
the  territory  occupied  by  the  Portuguese;  the 
Banda  Oriental,  understood  to  be  under  the  gov* 
em  men  t  of  General  Artigas;  and  several  prov- 
inces still  in  the  undispoted  possession  of  the 
Spanish  Government  ?  He  said  it  did ;  but  ob- 
served that  Artigas,  though  in  hostility  with  the 
Government  of  jBuenos  Ayres,  supported,  how- 
ever, the  cause  of  independence  against  Spain ; 
and  that  the  Portuguese  could  not  ultimately 
maintain  their  possession  of  Montevideo.  It  was 
aAer  this  that  Mr.  Aguirre  wrote  the  letter  offer* 
ing  to  enter  into  a  negotiation  for  concluding  a 
treaty,  though  admitting  that  he  had  no  authori- 
ty to  that  effect  from  his  Government.  It  may 
be  proper  to  observe,  that  the  mode  of  recognition 
by  eonclading  a  treaty  had  not  been  suggested  as 
the  only  one  practicable  or  usuaJL  but  merely  as 
that  which  had  been  adopted  by  France  with  the 
United  States,  and  as  offering  the  most  conve- 
nient means  of  designating  the  extent  of  the  ter- 
ritory acknowledged  as  a  new  dominion. 

The  remark  to  Mr.  Aguirre,  that,  if  Buenos 
Ajnres  should  be  acknowledged  as  independent, 
otiiers  of  the  contending  provinces  would,  per- 
iHKps,  demand  the  same,  bad  patticilftr  reference 


to  the  Banda  Oriental.  The  inquiry  was,  whe« 
ther  Creneral  Artigas  might  not  advance  a  elaioi 
of  independence  lor  those  provinces,  confiicting 
with  that  of  Buenos  Ayres,  for  the  whole  vice- 
royalty  of  La  Plata.  The  Portuguese  possessioa 
of  Montevideo  was  noticed  in  reference  to  a  sin- 
ilar  question. 
It  should  be  added,  that  these  obserratiens  were 


which  the  present  acknowledgment  of  the  Qor- 
ernment  of  La  Plata,  in  any  mode,  was  dheeaied 
by  the  President  inexpedient,  in  rmrd  as  well 
to  their  interests  as  to  those  of  the  United  Stales. 
JOHN  aUINCY  ADAMS. 


No.  1. 
Don  Yono.  Alvarez  to  the  Pruidemt  of  fht  VmUi 
States. 
Buenos  ATftra,  Jan.  16, 1^16. 

Most  Excellent  Sib:  The  eiremnstancet 
are  well  known  which  have  heretofore  prevented 
these  provinces  from  establishing  with  the  Uoi^ 
ted  States  of  America  the  relations  of  aaiity  sad 
strict  correspondence  which  reciprocal  iolerest 
and  a  common  glory  ought  to  have  inspired.  Ac 
length,  the  obstacles  which  were  (»posed  to  out 
desires  have  been  overcome,  and  we  imrt  the  fmr* 
tone  to  be  able  to  send  near  yowr  BxeelleOHey  a 
deputy,  to  implore  from  your  Bxcelleitey  thepro^ 
tection  and  assistance  we  require  for  tlie  delen^ 
of  a  just  cause  and  sacred  in  lis  pvinciplea,  and 
which  is,  moreover,  ennobled  by  the  heroic  ex* 
ample  of  the  United  States,  over  whom  iwor 
Excellency  has  the  glory  to  preside. 

A  series  of  extraordinary  events  and  one«yet» 
ed  changes,  which  have  taken  plaee  in  emr  tm 
cient  mother  country,  have  constraitted  os  not 
to  make  a  formal  declaration  of  nationci  indepalib 
dence ;  nevertheless,  our  conduct  and  pnblie  phi- 
pers  have  sufficiently  expressed  e«r  n&aimi^u* 
When  this  letter  reaches  jom  BzeeMaocf}  tkm 
general  Congress  of  our  itepreseatatlTee  will 
have  met ;  and  I  can  assure  ye«,  withem  fear  of 
being  mistaken,  that  one  of  its  first  acta  wiU  be  a 
solemn  declaration  of  the  independenoe  of  tlioee 
provinces  of  the  Spanish  monaeehy.endsUotfac* 
sovereigns  or  powers. 

In  the  meantime,  our  deputy  near  your  Scoel* 
lency  will  not  be  invested  with  a  public  ohai«o« 
ter,  nor  will  he  be  disposed  to  ezeeod  the  ebjeot 
of  his  mission,  without  an  understanding  with 
your  Excellency  and  your  Ministers.  Tltat  thtm 
views  may  be  exactly  fulfilled,  I  have  seleeted  n 
gentleman  who,  from  his  personci  qvalitie^  will 
not  excite  a  suspicion  that  he  is  sent  by  iheQaw* 
ernment  invested  with  soserioos  and  impoitaac 
a  commission.  He  is  Coltmd  Martin  Tb«np- 
son,  who,  independently  of  this  oredefttSidy  has 
the  title  which  we  are  accustomed  to  give  to  our 
deputies.    I  hope  that  your  Bxoelleney  wfll  be 

E leased  to  give  him  fdl  credit^  and  seeve  lov 
im  all  the  considera^ott  whtck  in  a  like  ctoMj 
we  would  give  and  secure  to  the  Ministers  wbom 
your  Excellency  may  think  proper  to  send  to 
tbese  proviscea. 


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Thfl  iMd  dMily  bas  it  spacittty  ia  obtrge  to 
oiw  to  your  ExMllwcy,  in  srf  iwvie,  avd  ia 
iImbI  of  tiM  pioTinees  nader  aiy  diietttoD,  the 
profound  respect  and  particolar  estiraatko  with 
wkMk  we  Tiew  the  very  ilkMtrnHm  ehief  oiao 
poweifuA  a  BepuUie.  May  ywt  Bscelleney 
da^  to  reeeive  theee  ezpfaMianivaad  to  gkToua 
a»  oooation  te  acefedii  ikeia. 

Ood  pffotenre  year  life  nany  yeim. 

YOHO.  ALVAREZ. 


No.  2. 
DedaraUon  of  hidependenee  of  the  Provinces  of  La 
PtatOt  eommufUeaUd  hy  Mr.  Agwrre  to  the  De- 
pmimmt  of  State,  %ith  DeeemSiar,  1817. 

We,  the  representatire 8  of  the  United  ProY- 
inees  of  Rio  de  la  Plata,  in  general  Congress 
aseeoMed,  iarokinf  the  SkHirenie  Being  who 
pmaiee  ore?  the  oni?erae.an<leallittgon  hearen, 
aartb,  and  aaankind,  to  wiinees  the  jaetiee  of  our 
oaeata,  in  che  aacBe  and  in  Tirtiie  of  the  aathorrty 
ai  dM  people  whom  we  represent— 

SolesMiiy  declare,  the!  it  is  the  vnanimons  will 
of  the  people  of  these  provinces  to  break  asunder 
dl  tiM  oosds  which  oatte  them  with  the  Kings 
off  8pai»;  to  reinsute  themselves  in  the  enjoy- 
iseat  of  the  rights  of  which  they  have  been  de^ 
pnvad ;  and  to  raise  theeaselves  to  the  high  rank 
of  a  free  and  independent  nation,  capable  of  giv- 
iag  tliOBeelvae  saeh  a  government  as  justice  and 
lanpefiooa  circumstances  may  reqirire.  Author- 
jmnI  by  the  United  Provinces  in  generaL  and  by 
aaoh  one  of  them  in  particular,  to  declare  and 
lay  iheai  under  the  obligation  to  support  this  ia* 
dependence,  we  hereby  pledge  their  lives,  for- 
imee,  and  saered  honor. 

AfindAil  of  the  res|iect  doe  to  those  nations 
whM  take  an  inteieet  to  our  fate,  aad  conscious 
of  the  aocessity  of  declaring  the  weighty  reasons 
whiefe  have  impelled  us  to  this  act,  we  resolve 
that  a  manilbst,  setting  them  forth,  be  immedi- 
mdy  aaade  poUie. 

€Mlvea  anid  signed  in  the  hall  of  our  sittings, 
sealed  wkh  the  seal  of  the  Conaress,  and  coun- 
tvaigned  by  our  Secretaries,  in  the  city  of  Tuco- 
mas,  tM»  9th  day  of  July,  1816. 

F.  N.  DB  hAPRlD A,  Pretideat. 


A  title  eopyt 


AGUIRRE. 


No.  3. 

X  Mmrtm  de  Puefmredm  to  ^  PreMmt  of  the 

United  Stata. 

Bom  oa  AvRBa,  Jan,  1, 1817. 
Mow  SzcfiUiSiiT  Sir:  Being  placed  at  the 
head  of  these  provinces  by  the  sufiirage  of  the 
Congress  of  its  representatives,  and  having  had 
the  honor,  on  a  former  occauon,  of  oflBering  to 
yonr  JExcellency  the  tribute  of  my  respecu.  and 
at  the  same  time  of  transmitting  the  act  ol  the 
dedaratioa  of  our  independence  of  the  ancient 
Oovemmentof  the  King  of  Spain  andhissnc- 
cessors,  I  profit  of  the  preaent  occasion  to  no^y 


your  Exoelleaey  that  I  have  ordered  Ouiaaii 
Dhn  Martin  Thompaon,  the  agent  of  this  €bv« 
erMnemt  near  the  Qovernment  of  year  £zoeUe»> 
ey,  to  cease  to  caeeroise  the  fuiMtioas  appertain* 
ing  to  his  chanoter  as  sach.  When  first  seal  to 
the  United  States,  he  went  in  the  charaoier  of 
ageat ;  aad  of  this  your  Ezoelle&ey  was  appnzed 
by  dei^tehes  of  the  16th  of  Jaavary  of  the  last 
year,  m  which  was  assigned,  as  the  reason  Ibr 
not  having  appointed  to  so  impercnnt  a  missioH« 
person  of  greater  coasidenitioa  and  weight,  the 
necessity  m  obviating  ail  sospacion  that  might 
otherwise  have  arisen  concerning  its  object.  It 
is  with  much  concern  that  1  have  learned,  by  the 
communications  themselves  of  our  said  agent, 
that  he  has  arbkrarily  departed  from  the  line  of 
the  duties  marked  ovt  for  him,  aad  that,  without 
having  duly  estimated  the  honor  of  conferring 
with  you,  he  has  granted  licenses  which  are  in 
direct  coatradictioa  with  the  said  principles.  My 
predecessor  rested  aH  his  hopes  of  a  fhvoraMe 
wstie  to  the  commission  given  to  Mr.  Thompoon 
oa  the  generosity  aad  magnanimitv  of  your  Btt* 
eellency ;  and  I,  who  entertain  the  same  senti- 
meau,  vencare  to  hope  that,  suspending  for  the 
present  the  appekitraent  of  an  a^nt,  we  shafl 
receive  proolb  of  your  firiendly  dispositions  to* 
wardsthesepeople;  butif  your  Bxeelleney  should 
deem  it  necessary  that  a  formal  agent  should  be 
appointed,  1  iteU,  upon  the  first  intimation,  take 
a  particular  pleasure  in  making  choice  of  «  per-^ 
son  who  may  be  worthy  of  the  constderation  of 
the  fHastrioos  chief  to  whom  he  will  be  sent 

I  have  Uie  honor  to  avail  myeelf  of  this  occa* 
sion  to  renew  to  your  Bxeelleney  the  sentimentsof 
respect  aad  high  esteem,  which  it  is  the  boast  of 
the  people  over  whom  I  preside  to  entercatn  fbr 
you,  and  to  offbr  you  the  tike  homage  in  mf 
own  name. 

May  God  preserve  you  manyjrears. 

J.  M.  DB  PUBYRREDON. 


Na.4 

DonJ.maHSHdePuqrrtdon^i^/prtme  IHitet$rof 
the  OovemmeiU  if  Smnm  Ayree,  to  the  Preeidmt 
^OeVMied  mates. 

Palacb  op  the  Govbrhmsnt, 
Buenos  A$re8^  March  5, 1817. 
Moot  Bsppllbvt  Sir:  Tho  liberal  aad  be* 
neeoknt  (ttnciplea  which  distingmh  your  Qov- 
ernment induce  me  to  believe  that  the  recant 
triumphs  of  liberty  in  these  United  Provinces  of 
South  America  will  be  heard  with  pleasure  by 
your  Excellency  aad  the  happy  citizens  of  your 
Republic.  This  confidence,  and  the  conformity 
of  the  principks  which  actuate  the  inhabitanta 
of  this  hemisphere  with  those  that  stimulated  the 
heroic  efibru  of  the  United  States  of  the  Nortk 
in  the  achievement  of  their  independence,  en- 
courage me  to  make  known  to  your  Excellency 
the  lestoration  of  the  opulent  kingdom  of  Chili, 
by  the  pauiot  forces  of  my  Government 

The  printed  documents  which   I  have  the 
honor  to  enclose  contain  accounu  of  the  most 


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/wrfijwinf<i<w  rfike  ^MPiM  P^wtfioar. 


Mtworable  eve»u  of  the  Imi  Gampaifo.  It  wis 
0|^ed  bv  the  puMge  of  the  formidablo  movn- 
tftiM  of  tne  Andes ;  and,  throagh  the  interpoei* 
tien  of  Providenee,  oor  Yictorioes  arms  otTe 

SifSD  liberty  to  a  millioo  and  a  haif  of  the  ia- 
abitants  of  the  New  World. 
I  pray  your  Bzcelleocy  to  accept  the  assur- 
i^e  of  my  respectful  eoosideration,  and  ny  de* 
sire  to  strengthen  the  bonds  of  anioa  and  matnal 
iatatest  between  the  two  nations. 
Qod  preserYe  yon  naiiy  years. 

J.  M.  D£  PUfiTRREDON. 

,  No.  5. 
Camrnission  of  Jfr.  Aguirre  from  CkUL 

The  Supreme  Director  of  the  State  of  Chili.  &c. 

It  being  important  to  the  maintenance  ana  ad- 
Tanoemeot  ot  the  prorinees  under  mj  command 
to  hare  therein  all  those  resources  of  armament 
which,  being  useful  to  the  army  as  well  as  to  the 
naTyt  may  protect  them  from  invasion,  and  wrest 
them  from  the  hands  of  the  enemies  of  oar  liber- 
tv,  I  have,  therefore,  with  a  ?iew  to  accomplish 
tne  said  object,  given  and  granted  full  power  and 
authority  to  Don  Manuel  de  Aguirre,  to  enter 
into  and  set  on  foot  all  such  negotiations  as  mar  be 
relative  to  the  purchase  of  vessels  of  war,  includ- 
ing a  frigate,  completely  armed  and  equipped; 
also,  for  the  purchase  of  all  descriptions  of  arms, 
warlike  stores,  and  supplies,  useful  to  the  army; 
it  being  underBtood  that  the  value  of  the  differ- 
ent kinds  which  he  is  copmissiooed  to  purchase 
or  stipulate  for,  and  the  transport  thereolto  Chili, 
are  to  be  fully  paid  for  upon  due  verification  of 
the  same,  and  that,  for  the  fulfilment  of  this 
promise,  all  the  interests  of  the  public  fund,  and 
of  the  State  of  Chili  in  geaeiml,  are  made  re- 
sponsible. 

In  testimony  whereof,  I  have  ordered  the  pres- 
ent to  be  executed.  Signed  by  me,  sealed  with 
the  arms  of  this  Government,  and  countersigned 
by  roy  Minister  of  State,  in  the  city  of  Santiago 
de  Chili,  this  8th  day  of  March.  1817. 

BERNARDO  O'HIQQINS. 
MiQUEL  ZANARTU, 

MuMterofSkOe. 

No.  6, 
Oammiuionto  Don  Manuel  H.  d€  Aguirrt,  grwUed 
bv  tU  aupreme  Director  of  the  iSnted  Ftomneee 
of  Souik  America. 

The  Supreme  Director  of  the  United  Provinces 
of  South  America. 

Inasmuch  as  it  is  necessary  to  appoint  a  per- 
son who,  in  the  character  of  agent  of  this  Qor- 
ernment  near  that  of  the  United  States  of  North 
America,  may  promote  whatever  conduces  to  the 
progress  of  the  cause  in  which  these  provinces 
are  engaged,  to  their  honor,  and  the  consolida- 
tion of  the  great  work  of  our  4iberty;  therefore, 
the  necessary  qualities  of  probity,  capacity,  and 
mtnotism,  unitioir  in  the  Commissary  General 
6f  War,  citizen  Don  Manuel  Hermenegildo  de 
Aguirre,  I  have  appointed  him  agent  of  this  Gov- 


enraient  near  that  of  the  United  States  of  NorCk 
America,  granting  to  him  the  privileges,  pro- 
eminences,  and  prerogatives  which  belong  to  ^e 
said  title. 

la  pursuance  whereof,  I  have  given  the  prea- 
ent,  signed  by  me.  countersigned  by  my  Beere- 
tary  of  State  for  tne  De|>artment  of  the  Ctovera^ 
ment  and  Foreign  Affairs,  and  sealed  with  the 
seal  of  the  national  arms.  Given  at  Baenoa  Ay- 
res,  the  28th  day  of  March.  1817. 

J.  M.  DE  PUEYRRBDON. 

GREGORIO  TAGLE, 

Minitter  ff  State. 


Don  Bernardo  (yHi 


No.  7. 

to  the  Preeideni  of  ikt 
^cd  States. 

Samtiaoo,  in  Cbiu,  April  1, 1817. 

Most  Excbllbnt  Sir:  The  beautiful  king- 
dom of  Chili  having  been  re-established  on  the 
12ih  of  February  last  by  the  army  of  the  Unitad 
Provinces  of  Rio  de  la  Plata,  under  the  command 
of  the  brave  General  Don  Jos6  de  St.  Martin,  mnd 
the  supreme  direction  of  the  State  being  confer- 
red on  me  by  the  choice  of  the  people,  it  becomes 
my  duty  to  announce  to  the  world  the  new  asy- 
lum which  these  countries  offer  to  the  industry 
and  friendship  of  the  citizens  of  all  nations  of 
the  ffiobe. 

The  inhabitants  of  Chili,  having  thus  reaa- 
sumed  their  natural  rights,  will  not  hereafter  sub- 
mit to  be  despoiled  of  their  just  prerogatives.  Aor 
tolerate  the  sordid  and  pernicious  policy  of  tha 
Spanish  Cabinet.  In  its  numerous  populatioiii 
and  the  riches  of  its  soil.  Chili  presenu  the  basis 
of  a  solid  and  durable  power,  to  which  the  .inde- 
pendence of  this  precious  portion  of  the  New 
World  will  give  the  fullest  security.  The  knowl- 
edge and  resources  of  the  neighboring  nation  of 
Peru,  which  has  resolved  to  support  our  emaoei« 
patlon,  encourage  the  hope  of  tbe  future  prosper- 
itv  of  these  regions^  and  of  the  establishment^  oa 
liberal  grounds,  or  a  commercial  and  politieai 
intercourse  with  all  nations.  If  the  cause  of  hu- 
manity interests  the  feelings  of  your  Excellency, 
and  the  identity  of  the  principles  of  oar  pres- 
ent contest  with  those  which  formerly  prompted 
the  United  Sutes  to  assert  their  indenendeaca 
disposes  your  Government  and  people  favors bU 
towards  our  cause,  your  Excellency  will  alwars 
find  me  most  earnestly  desirous  of  promoting  toe 
commercial  and  friendly  relations  of  the  two 
countries,  and  of  removing  every  obstacle  to  the 
establishment  of  the  most  perfect  harmony  aad 
good  understanding. 

God  preserve  you  many  years. 

BERNARDO  O'HIGGINS. 

No.  8. 
IVanelation  of  a  letter  from  the  Supreme  Diredot 
Pueyrredon  to  the  Preeident  of  the  United  Slaim^ 
daMl 

Apbil  28, 1817. 
When  the  interests  of  sound  policy  are  in  ae- 
cord  with  the  principles  of  justice,  nothing  is 


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1881 


AFF9NDIX. 

MtprntOmu  ^  the  iS!panu4  Pnrituet. 


18«S 


more  emsy  or  more  pleasiog  than  the  maintenance 
of  harmony  and  good  anderstandiog  between 
Powers  which  are  connected  by  close  relations. 
This  seems  to  be  ezactl]^  the  case  in  which  the 
United  States  and  these  prorinces  stand  with 
respect  to  each  other ;  a  flattering  sitoation,  which 

S'fes  the  signal  of  our  success,  and  forms  our 
St  apology. 

It  is  on  this  occasion  that  citizen  Don  Manuel 
Herroenegildo  de  Aguirre,  Commissary  Qeneral 
of  War,  is  deputed  towards  you  in  the  character 
of  the  agent  of  this  Qovernment.  If  bis  recom- 
mendable  qualities  are  the  best  pledge  of  the 
faithful  discharge  of  his  commission  and  of  its 
iaforable  issue^he  upright  and  generous  senti- 
ments of  your  teiceliency  are  not  less  auspicious 
to  iu  The  concurrence  of  these  circumstances 
induces  me  to  hope  the  most  favorable  results. 

I  trust)  therefore,  that  your  Bzcellency  will  be 
pleased  to  ^ant  to  the  said  citizen  Aguirre  all 
the  protection  and  consideration  required  by  his 
diplomatic  rank  and  the  actual  state  of  our  rela- 
tions. This  will  be  a  new  tie,  by  which  the 
United  Sutes  of  the  North  will  more  effectually 
secure  the  gratitude  and  afiection  of  the  free 
proTinces  of  the  South. 

PUBTRRBDON. 

No.  9. 

Jkm  Jmi  San  MarHn,  Gmuraiof  the  Army  of  the 
Ande$,  to  the  Pre$uUnt  of  the  United  StaUe, 
lfo0T  BxcbllemtSib:  Charged  by  the  Su- 
preme Director  of  the  prorinces  of  South  Amer- 
ica with  the  command  of  the  army  of  the  Andes, 
HeaTen  crowned  my  forces  with  a  victory  on  the 
13th  of  February  over  the  oppressors  of  the  beau- 
tiful kin^om  of  Chili.  Toe  sacred  rights  of 
aatofe  being  restored  to  the  inhabitants  of  this 
country  by  the  influence  of  the  national  arms 
and  the  efficacious  impulse  of  my  Qovernment, 
fortune  has  opened  a  favorable  field  to  new  enter- 
prises, which  secure  the  power  of  liberty  and  the 
ruin  of  the  enemies  of  America.  Towards  secur- 
ing and  consolidating  this  object,  the  Supreme 
Director  of  the  Qovernment  of  Chili  has  consid- 
ered, as  a  principal  instrument,  the  armament  in 
these  Staus  of  a  squadron  destined  to  the  Pa- 
cific ocean,  which,  united  to  the  forces  that  are 
preparing  in  the  river  La  Plata,  may  co-operate 
la  suatmininf  the  ulterior  miliury  operations  of 
the  army  under  my  command  in  South  AmeVica ; 
modf  eonviaced  of  the  advantages  which  our  ao- 
umI  political  situation  promises,  I  have  crossed 
the  Andes  In  order  to  concert  in  that  capital, 
MDong  other  things^  the  guaranty  of  m]^  Oovern- 
ment,  and,  in  compliance  with  the  stipulations 
between  the  Supreme  Director  of  Chili  and  its 
intimate  ally,  to  carry  into  effect  the  plan  which 
haa  been  confided  to  Don  Manuel  Aguirre.  Your 
Bzcellency,  who  enjoys  the  honor  of  presiding 
over  a  free  people,  who  contended  and  shed  their 
blood  in  a  similar  cause  to  that  in  which  the  in- 
habitants of  South  America  are  now  engaged, 
will,  I  hope,  deign  to  extend  to  the  above- nameu 
person  aoch  protection  as  is  compatible  ;with  the 


actual  relations  of  your  Government;  and  I  have 
the  high  satisfaction  of  assuring  your  Bzcellency 
that  the  arms  of  the  country,  under  my  orders, 
will  not  fail  to  give  consistency  and  respect  to 
the  promises  of  both  Governments. 

I  am  happy  in  having  this  agreeable  occasion 
to  pay  a  tribute  to  your  Bzcellency  of  the  hom- 
age and  profound  respect  with  which  I  have  the 
honor  to  be,  your  Bzcellency's  moat  hum^ 
servant, 

JOSB  DB  SAN  MARTIN. 

No.  ID. 

Don  Caetano  Bezaree  to  the  Seentary  of  State. 
Palace  of  the  Govbbnment. 

PampcUar,  May  22, 1817* 

The  Bxecutive  Department  of  the  Confede- 
rated States  of  Venezuela  has  charged  me  to 
transmit  to  his  Bxcellency  the  President  of  the 
United  States,  through  your  hands,  the  annexed 
copies  of  the  act  of  the  happy  re-establishment 
of  the  Congress  of  Venezuela,  the  exercise  of  its 
powers,  and  other  particulars  therein  contained. 

Be  ptessed  sir,  to  lav  the  whole  before  his  Bx- 
cellency, and  assure  him  that  this  Government 
will  have  the  highest  satisfaction  in  communi- 
cating to  him  whatever  may  occur  hereafter. 

May  Heaven  preserve  your  life  for  the  general 

food  of  mankind,  and   the  prosperity  of  your 
Lepublic. 

CABTANO  BBZARBS, 
Secretary  qf  State  ad  interim^ 
Sbcabtabt  op  FoaniON  AFPAina,  U.  S» 


No.  11. 


The  President  of  the  United  StaUe  of  Venezuela  to  IBs 
Excellency  the  President  of  the  Republic  of  the 
North,  communicating  the  re-establishment  of  the 
Federative  Gooemment  of  the  provinces  of  Uosta* 
Firme,  (the  Main,) 

Federal  Palace,  Pampatab, 

May  21, 1817.— 7(*. 
Most  Bxobllbmt  Sib:  The  fortuae  of  arms, 
which  decides  the  fate  of  empires,  and  a  disas- 
trous combination  of  circumstances  well  known 
to  your  Government,  have  interrupted  the  pro* 
gress  of  this  Republic,  esublished  by  a  procla- 
mation of  the  5th  June.  1811,  and  occasioned  the 
capitulation  of  the  26th  July,  1812,  entered  into 
between  the  Commander-in-Chief  of  the  patriot 
army,  Francisco  Miranda,  and  Don  Domingo 
Monteverde,  commander  of  the  Spanish  forces^ 
which  compact,  shamefully  violated  in  the  end, 
has  drawn  on  Venezuela  the  signal  disasters 
thw  country  has  vet  to  deplore, andof  which  ye« 
have  received  information  through  citizens  Scott 
and  Lowrv,  who  were  eye-witnesses -of  those 
events.  TMa  has  been  followed  alternately  by 
prosperous  and  adverse  fortuoe,  which  this  ooa- 
tinent  has  ex()erienced  since  the  year  1812.  To 
this  date  nothing  more  propitious  haspresented 
itself  than  the  reinsutement  of  the  Federative 
Government,  which  was  brought  about  on  the 
Bth  of  the  present  month  in  the  city  of  San  PeUpe 


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JmHpOfNMVfOT  ^  Clio   UptUHmft  1  mWVmXm* 


de  C«ri«eo,  witliiii  the  jamdietion  t>f  the  State 
of  C«iiiaM,  bj  the  legal  prooeedingn,  whteh  year 
Bxeelltaey  may  perceire  by  reference  to  the  efll- 
eial  doenmeiitB  whieh,  in  the  name  of  the  Bzeca- 
tiye  department,  I  hare  the  honor  of  forwarding 
to  yon.  And  I  haTe  to  assare  yoar  Bzcelleacy 
that,  haying  wrested  Venecnela  from  the  hands 
of  the  enemies  of  her  liberty  and  independence  in 
ahnoet  e?ery  part  of  the  seven  prorinees  of  the 
Confederation,  she  desires  nothing  more  earnestly 
than  to  fxtend  her  relations  with  her  brethren  of 
North  America,  identified  as  they  are  by  nature, 
and  by  political  and  republican  principles,  with 
thegreat  family  of  the  South. 

Venezuela,  at  the  first  period  of  its  emancipa- 
tion, deputed  to  your  Republic  two  of  its  citizens, 
John  Vicente  Bolirar  and  Talisfero  Orea,  both 
ftimished  with  credentials  and  competent  powers 
to  transact  all  business,  and  who  had  it  ezpressly 
in  charge  to  assure  your  Bzcellency  of  the  ardent 
wishes  of  the  people  of  Venezuela  to  make  such 
arrangements  as  would  conduce  to  the  happiness 
of  both  nations.  The  state  of  a£Eairs  in  Burope 
atthat  period  retarded  the  success  which  Caraccas 
promised  herself  by  the  acknowledgment  of  her 
independence  by  the  Republic  of  the  North ;  but 
a  change  having  taken  place,  and  a  sentiment 
fiiTorame  to  oor  cause  extended  throughout  the 
continent  of  Colombia,  the  Qorernment  of  this 
people,  whom  I  represent,  does  not  doubt  that 
your  Bzcellency,  taking  into  consideratioir  the 
mutual  interests  which  we  propose,  will  give 
your  concurrence,  in  as  far  as  depends  on  your- 
self, towwds  the  estaUishmenc  of  diplomatic  ar- 
rangementaand  stipulations,  which  citizen  Joseph 
Cortes  Madarisffa  has  it  in  char^  to  open ;  and, 
being  assured  of  the  noble  qualities  atuched  to 
your  EUcellancy,  I  flatter  myself  that  our  tiego- 
tiations  will  be  speedily  concluded. 

The  Bzecutire  Deaarcment  has  the  honor  to 
tender  to  your  Bzcellency  the  homage  of  this 
Republic,  and  the  high  consideration  and  respect 
with  which,  in  its  name,  I  remain 

Your  Bzcelleney's  most  obedient  servant, 
FR80.  XA VIBR  DB  MATS, 

Frmdent  pro  temlpore. 

City  of  Sam  Fmun  u  Caaiaoo, 
May  B,  1817. 

HtsBzeelleMy  General  Santiago  Marino,  tec- 
«ttd  in  eommand  of  the  RepuUie,  aaviog  by  note 
mi^ed  npon  the  following  persons  to  assemble  in 
a  meeting,  namely,  his  Bzeellenby  Admiral  Lois 
Brkm,  commander  of  the  naval  foraes,  thelnten- 
dant  General  Antonio  Zea,  Joseph  Cortes  Mad- 
•tian,  canon  of  the  holy  church  af  Caraccas, 
Jaaobo  Xavier  Mays,  who  acted  as  president  of 
the  ezecutive  department  at  the  time  of  the  re- 
eesa  of  the  Congress  of  Venezuela,  Francisco 
Xavier  de  Alcala,Dtego  Valenilla,  Diego  Antonio 
Alcala,  Manuel  Ysaba,  Francisco  de  Paula  Naval, 
picffo  Bautista  Urbanesa,  and  Manuel  Maneyro, 
he  thus  addressed  them : 

OW«<n»;  Never  have  I  ezperienced  greater 
sattAeUon  than  on  the  present  occasion,  in  seeing 


yott  truly  reunited  to  deliberate  on  the  most  pro^ 
per  measures  to  be  adopted  for  the  safety  of  our 
country,  i^hder  such  'extraordinary  political  events, 
which  have  induced  oor  illus^tous  compatriot, 
3os%  Cortes  Madatiaga,  to  attend  as  supreme 
chief,  in  whose  name,  and  at  whose  request,  I 
have  the  honor  of  addressing  yon  as  second  in 
command. 

The  above  honorable  citizen,  Jost  Cortes  Biad- 
ariaga,  here  present,  will  explain  to  you  his  sen- 
timents and  reasons;  that  yon  will  be  able  to  judge 
for  yourselves  whether  they  be  not  of  sodi  weight 
as  to  induce  you  to  institute  immediately  a  pro- 
vincial Governmentj  without  calling  together 
deputies,  whose  election  cannot  be  e&cted  soon 
enough,  in  consequence  of  the  state  of  commo- 
tion and  war  in  which  our  country  is  placed. 

No  one  can  be  ignorant  that,  in  all  its  reveiaes, 
our  Republic  has  not  bad  a  firmer  supporter  or  a 
warmer  friend  than  our  incomparable  patriot  and 
citizen  General  Simon  BoHvar,  all  whose  de- 
signs have  been  directed  to  tbe  re-establishment 
of  the  representative  Government,  which  the  peo- 
ple had  ftzed  upon  as  their  fundamental  constf ta- 
tion,  but  vested  with  more  energy,  forces  and 
unity.  This  has  been  his  most  ardent  desire,  aii4 
the  object  for  which  he  has  twice  convoked  the 
Congress ;  the  assemWtng  of  which,  as  L  have 
before  observed,  has  been  retarded  by  political 
machinations  and  military  commotions.  But,  in 
consequence  of  the  ezinordinary  circumstanees 
above  alluded  to,  I  have  thought  proper  to  do,  in 
the  name  and  at  the  instanoe  of  the  supremeokief, 
what  would  be  done  by  him  if  present ;  and  thai 
is,  to  propose  a  provisional  Government,  conform- 
able to  tbe  constitution  decreed  by  the  Coogreis 
of  Venezuela.  Whilst  tbe  deputies  to  the  new 
Congress  are  reassembling,  be  wiU  proeeed  to 
make  sueh  reforms  and  modifications  as  may  be 
deemed  necessary  in  our  political  institutione.  It 
is  on  this  sabjecti  wish  to  obtain  your  seatimeats 
and  advice,  after  bearing  citizen  Cortes. 

Citizen  Cortes  followed,  and  observed : 

That,  animated  by  sentiments  of  friendship  and 
attachment  towards  the  South  Venezuelans,  tad 
their  noble  compatriots,  particularly  since  the 
year  1818,  he  should  pass  over  tbe  series  of  re- 
verses, in  the  course  of  whieh  a  multitnde  of  per- 
sons, of  all  ages,  sezes,  and  professions,  who,  hf 
their  numbers,  virtues,  valor,  and  wisdom,  mg' 
grandiaed  the  States  of  the  Confederacy,  had  hent 
swept  away  by  the  calamities  of  an  exiermiiNH 
ting  warfhre,  declared  and  carried  on  agahiat  us 
by  our  enemies ;  and  having  heard^  through  the 
most  respectaUe  channel,  of  the  public  otpressioB, 
that  the  time  had  arrived  when  Soath  Ameriea 
should  arise,  in  all  its  dignity,  and  deelate  Itadf 
in  the  face  of  the  world,  he  had  taken  a  consider- 
able journey,  and  repaired  to  this  continent  from 
the  Windward  islands,  for  the  express  purpose  of 
imparting  to  his  fellow-eitizens  the  favorable 
tidings  which  led  him  to  hope  that  Venezuein 
will  be  included  in  the  common  prosperitr  of 
South  America  within  the  present  year ;  ana,  by- 
means  of  its  exterior  relations,  contribute  to  lire 
inspiring  of  confidence,  and  escahiishing^ its  enwo- 


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1S86 


H^inprndmr^  qfthe  ^SfHitiuh  Provimes, 


«iMUon  on  «  saii<l  and  pernaiitat  basiS)  wonbv 
oftbU  precious  portion  of  the  globe.  He  declared, 
moreover,  that  be  abetaiaed,  tbrougb  delicacy, 
from  maxiDgi  od  this  oceaiion,  ceruio  other  se- 
flections  of  great  iowortaoce,  which  be  had  com* 
muoicated  in  bis  official  correspondence  with  the 
aupreme  chief  of  the  republic  to  Qeneral  Marino, 
aeeond  in  command,  and  to  the  admiral  of  the 
aqiMdroo  $  and  being  convinced  of  their  weight 
and  important,  the  two  lauer  gentlemen  had 
g^ven  proo£i  of  the  recpect  with  which  they  had 
received  hie  coQim«nieations.  Referring  himself 
10  the  pteaident  as  to  tiieir  contenta^hejeoneloded 
bv  recosimending  anew  the  impenoos  necessity 
^  the  measim,  and  called  for  the  prompt  eatab- 
Uabment  of  the  Goyerameat. 

The  Admiml  MXt  addrtssed  the  aaeembly  in 
Ibe  foUowing  manner: 

mUm-cUixen^  and  brothen : 

Nothing  has  filled  with  greater  pleasure  an 
adopted  son  of  Venezuela  than  the  presence  of 
this  respectable  assembly,  called  together  by  the 
second  in  eoromand,  who  is  vested  with  the  pow- 
ers of  ihe  first,  on  a  subject  so  important  to  the 
aalvation  of  our  coontrv  ;  his  name  from  this  day 
will  be  immortalized,  having  coinplied  with  the 
wishes  of  the  sovereign  peojple  of  Yenezoela,  and 
fulfilled  those  of  our  sovereign  chief.  I  felicitate 
yoq^  brothers,  on  so  wise  a  step,  and  I  have  the 
natisfaction  of  aanouncinff  to  you,  for  your  own, 
that  the  sacrifices  which  I  have  made  to  this  day 
in  the  service  of  my  country,  are  nothing  in  com- 
parison to  what  I  pledge  myself  to  consecrate  to 
It  benceforward  \  convmced  as  1  am  that  a  Qov- 
ernment,  suble  and  energetic,  by  supporting  our 
own  force,  will  likewise  induce  our  foreign 
friends  to  extend  to  us  the  hand  of  friendship,  and 
contribute  to  the  mainlenance  of  ouf  liberty  and 
independence.  Thev  are  alreadjr  well  disposed. 
They  are  acquainted  with  the  integrity  of  mv 
principles.  They  know  that  I  have  not  shrunk 
from  anv  fatigues  or  exertions  in  the  cause  of 
Venezuela ;  and,  with  the  aid  of  the  squadron 
under  my  comsund,  they  only  wait  to  co-opemte 
with  your  virtue^  union,  and  wisdom,  in  consoli- 
dating the  lepublio  and  inereasing  iu  respecta- 
bility. 

Ail  of  tbe  raeakem  were  of  a  unanimous  opin- 
ioa  om  tlie  subject  proposed,  and  demonstrated, 
with  (^reaC  eneigy,  the  necessity  of  immediately 
eambbabipg  the  provtsiooal  Goverameat  proposed 
hj  hk  Exeellenay ;  applauding,  at  the  same  time, 
luf  patriotic  deter mioatioo,  and  adding,  that  he 
woiild  do  ioaoiortai  honor  to  the  repnuie  if  he 
would  immediately  consent  to  be  installed,  and 
that  tbey  should  re-esublish,  as  well  as  circum- 
•tances  would  adaiit  of,  the  Government  of  the 
eoasiitntion.  They  urged,  bv  many  important 
aigomenlL  tb^  political  eoasideratione  which  had 
feodered  this  measure  indispensable  and  urffent ; 
Mid  ehowed,  by  the  most  solid  reasoning  andoon- 
elasLve  reforencei,  that  the  measure  was  conform' 
able  to  the  onanimoiu  voice  of  the  people,  to  the 
Ufdght  and  irell-kaown  wishes  of  the  siiprame 
eat^,  aad  to  the.  ioteresta  of  mankind*      ^ 


The  President  then  rose,  and  observed : 

Approvipg  as  I  do  of  your  resolution,  and  be- 
lieving it  to  be  conformable  to  the  patriotic  views 
of  the  supreme  chief,  and  to  the  aentimenu  which 
he  has  so  oflen  expressed  in  all  his  proelamatioas, 
I  declare,  in  the  presence  of  the  Supreme  Being 
and  of  the  people  of  Venezuela,  whom  you  repfe^ 
sent,  that  the  Supreme  Congress  of  the  repuoUc 
is,  from  this  qiomaot,  installed ;  and  I  resign  into 
your  hands  the  supreme  authority,  which,  by  the 
act  passed  at  Margarita,  was  conferred,  in  the 
first  instance,  on  General  Simon  Bolivar,  aad  by 
him  on  me,  actinir  in  his  and  my  own  name,  in 
virtue  of  the  republican  principles  which  we  both 
possess,  and  which  equally  animate  all  our  friends 
and  companions  in  arms,  who  have  with  eo  much 
valor  and  glory  defended  the  holy  cause  of  lib* 
erty  and  iadependenee.  I  retife,  that  you  may 
freely  deliberate  oa  what  may  be  meet  conducive 
to  the  safety  of  the  Sute^  requesting  you  only 
to  hold  in  mind  that  my  highest  ambiiioa  is  to 
shed  my  blood  in  combatting  for  the  ind^adr 
enee  of  my  country,  and  that  I  do  noi  asptie  to 
Off  desire  any  higher  honor  from  the  repubUc  thaa 
to  eontribtttew  in  favor  of  my  friends  and  fellow- 
citizena,  to  the  establiahment  of  the  bleeaiof^  of 
liberty. 

His  Excellency,  being  in  the  act  of  withdmw- 
ing  from  the  assembly,  accompanied  by  the  A4- 
miral,  Intendant,  and  the  canon  Cortes,  ealM 
upon  the  officer  of  the  guard,  and  ordered  him  to 
place  bimaelf  at  the  disposal  of  the  Congfeaa^  the 
senior  member  of  which  proceeded  to  occupy  the 
seat  of  the  President,  and,  all  the  members  staad* 
ing,  the  oath  prescribed  by  the  Federal  Coastiai- 
tion,  according  to  the  form  therein  laid  down, 
was  administered  to  them  by  the  citizen  and  See- 
retary  Diego  Bautista  Urbanesa,  qualified  for  that 
purpose.  They  then  entered  into  a  discussion  on 
the  various  points  relatiag  to  the  object  for  which 
the  assembly  was  called,  and,  after  deliberadng 
and  agreeing  unanimously  on  all  of  themr— 

The  citizen  President  read  the  following  act : 

City  of  San  Faupa  oa  Cabiaco, 
On  the  9th  day  rfMa^,  1817. 

We,  the  repreaentativea  of  the  Uniiad  Stnaas 
of  Venezaela,  Francisco  Xavier  Mays,  deputy  to 
the  Federal  Congress  for  the  Sti^te  of  Camaaa, 
a  member  of  the  executive  departmenti  aod Pvea- 
ident  of  the  same  (in  rotation)  at  the  time  of  its 
recess  at  Valencia,  on  the  9th  of  May,  1812^  Fraa- 
ciseo  Xavier  de  Aloala,  Manuel  Vsaba,  Dic«e 
Yalenilk,  Francisco  de  Paula  Naval,  Diego  Aap 
tonio  Alcala,  Diego  Bautista  UibancBa,aBd  Ma»> 
ucl  Maneyro. 

Oa  mature  deliberation,  and  with  a  fkee  will, 
formally  decree:  That,  from  this  time,  we  resnoae 
the  constitutional  character  and  representation) 
in  the  full  aad  absolote  possession  of  which  we 
have  been  reinstated  by  the  distinguished  Geu- 
eral  Santiago  Marino,  in  the  name  of  thesupreaaa 
chief  of  the  republic,  the  meritorious  cituCea  8i^ 
mon  Bolivar,  and  in  his  own  person,  as  sAoad 
chief  of  the  State,  and,  consequently,  at  this  mo*- 
ment  holding  ta  his  hands  the  reina  of  goratn* 


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ment ;  aod  we  make  known  to  all  the  people  of 
the  ConfedertcT,  and  call  upon  the  Sapretne  Be- 
ing to  witoeM  the  parity  of  our  intentions,  that, 
from  this  date,  the  Federal  Qoremraent  of  the 
lepnblie  is  reinstated  in  its  three  departments, 
LeirislAtire,  Executive,  and  Judicial,  ror  the  re- 
quisite despatch  of  all  business  to  them  resj^ec- 
tiTely  appertaining;  and  we  therefore  appoint, 
for  the  administration  of  the  Bzecutire  Qovetn- 
ment,  citizen  Oeneral  Ferdinando  del  Toro,  citi- 
zen Francisco  Xavier  Mays,  who  were  heretofore 
iiiemheraof  the  said  department;  also,  citizens 
General  8imon  BoHvar,  Francisco  Zea,  Jos6 
Cortes  Madariaga,  and  Diego  Valenilla ;  it  being 
understood  that  the  three  latter  shall  exercise  the 
power  only  ad  interim,  until  the  honorable  cit- 
izens Toro  and  Bolirar,  now  absent,  shall  impair 
to  suoh  city  as  may  be  designated  for  the  residence 
of  the  Gk>?ernment.  To  the  judicial  department 
we  appoint  citizens  Juan  Martinez.  Jos^  Bspana, 
Caspar  Marcano,  and  Ramon  Cadiz;  the  latter 
for  Che  judicial  administration. 

And  as,  in  consequence  of  the  weighty  and 
■UHneatous  considerations  which  haye determined 
our  most  excellent  fellow- citizens  now  acting  as 
thi%h  ad  interim  of  the  Republic,  to  divest  tbem- 
selres  of  the  attributes  of  administration,  and  re- 
iHQie  them,  through  the  medium  of  the  Qorern- 
Bint^  leiBstated  by  the  indefatigable  zeal  of  both 
for  the  salvation  of  the  country,  which  has  thus 
recovered  ita  political  rank,  it  ia  necessary  that  a 
new  oa^  should  be  administered  to  the  function- 
aries and  authorities,  both  civil  and  military,  of 
tha  departments  that  have  regained  their  liberty, 
and  successively  of  those  whidi  shall  regain  it ; 
and  begin  forthwith  with  those  of  this  city,  I 
same  and  appoint  to-morrow  morning  at  nine 
o'clock  for  them  to  take  the  said  oath  before  us; 
^  and  thai  proper  orders  to  all  public  functionaries, 
*  ahient  in  foreign  countries,  oe  ^iven  to  present 
themselves,  within  the  space  ot  thirty  days,  in 
the  city  of  Annunciation,  the  capiul  of  the  State 
of  Margarita,  which,  under  existing  circumstances, 
being  most  conveniently  situated,  and  of  the  most 
easy  and  free  access,  we  name,  for  the  present, 
the  residence  of  the  Federal  Government,  with 
dM  fhcuhy  of  vemoving  the  same  to  any  other 
capital  00  the  cotHtnent  which  may  appear  most 
•onveaient*  ^nd  if  it  shall  be  made  to  ap- 
pear that  the  said  public  functionaries  shall,  with- 
out just  and  lawful  motives,  (ail  to  comply  with 
tUr  summons,  the^  shall,  by  that  act  itself,  be 
vaderstood  as  having  foWeited  their  rights  of 
aifizenship,  and,  consequently,  every  civil  and 
mitilary  rwht  in  the  RepuUicw 

We  finally  implore  the  mercy  of  the  Most 
High,  ia  the  humble  hope  that  he  will  voach- 
safe  to  protect  us;  and  we  solemnly  declare,  in 
kis  pvtsence,  and  that  of  all  the  people  of  the 
earth,  that  the  sole  object  of  our  unremitted  en- 
deavors is  to  preserve  in  the  enjoyment  of  peace 
and  liberty  the  virtuous  remains  of  the  great 
TeoMoelan  family,  saved  by  the  special  interpo- 
•itlob  of  hit  adorable  goodness,  from  the  savage 
^Uf  and  destruction  of  despotism  ;  protesting  m- 
fora  Jiim,  that  our  daterminattao  is  sooatr  to  bury 


ourselves  under  the  mins  of  the  Rep«ihllc,  tbaa  ta 
return  to  the  slavery  and  chains  we  have  endured 
for  three  centuries,  which,  after  the  bright  exam- 
ple of  our  brethren  of  Colombia,  w#  have  broken 
forever.  Aod  be  it  known  to  all,  that  we,  the  re- 
presentatives who  have  hereunto  subscribed,  are 
firmly  resolved,  and  do  solemnly  promise  and  en- 
ffage,  by  all  the  most  sacred  obligations  which 
bind  in  one,  both  politically  and  morally,  to  seal 
with  our  blood  this  our  patriotic  resolution. 

That  this  act,  together  with  the  reqnsite  expo- 
sition of  the  motives  which  have  produced  it,  be 
communicated  to  General  Simon  Bolivar;  and 
that  he  be  invited,  so  soon  as  his  military  duties 
will  permit,  to  come  and  take  possession  of  a  sta* 
tion  in  which  he  will  not  fail  to  render  the  Re- 
public immortal  services,  and  worthy  of  his  name. 
That  certified  copies  of  this  act  be  transmitted  to 
all  the  chief  officers  of  the  departments*  both 
civil  and  military ;  and  that  the  Commander-in- 
Chief  of  the  Army,  and  the  admiral  of  the  squad- 
ron, be  notified  of  the  result  of  the  proceedings  of 
the  Federal  Assembly^  that  they  may  concur  with 
the  Executive  power  in  taking  the  oath,  and  com* 
municating  its  orders,  to  the  end  that  the  said 
oath  be  taken  both  hy  the  Army  and  Navy.  That 
it  be  publicly  proclaimed  in  this  city,  and  all  the 
towns  of  the  federation,  and  that,  bv  public  festi- 
vals and  rejoicings,  the  general  joy  be  manifested 
on  the  restoration  of  the  national  sovereignty 
under  a  formal  constitution,  which,  being  tern* 
pered  and  modified  aj^reeably  to  the  lights  of  the 
age  and  the  lessons  of  experience,  will  be  the  safe- 
guard of  our  independence  and  liberty. 

Whereupon  the  sitting  closed,  and  they  sisoed, 
namely :  Francisco  Xavier  de  Mays,  President ; 
Manuel  Ysaba,  Diego  de  Valenilla^  Francisco  Xa- 
vier Alcala,  Diego  Antonio  Aicala,  Francisco  de 
Paula  Naval,  Manuel  Maneyro,  Diego  Bautista 
Urbanesa,  secretary,  with  the  power  of  taking  the 
votes. 

In  the  city  of  San  Felipe  de  Cariaco,  this  9tk 
day  of  May,  1617.  the  Federal  Congress  having 
thus  re-assembled,  there  appeared  before  it  the 
citizens,  the  Commander-in-chief  of  the  armiea 
of  the  Republic,  and  commander  of  the  ^armed 
force,  Santiago  Marino,  and  Admiral  Luis  Briony 
who,  having  taken  the  oath  before  the  Prestdent, 
and  mC)  the  aforesaid  Secretarr,  agreeably  to  the 
form  prescribed  by  the  federal  C^stitution  of 
Venezuela,  recognised  and  acknowledged  the 
sovereign  authority  vested  ia  this  body,  and  otkar 
authorities  derived  from  it,  promising  and  «- 
gaging  to  obey  and  support  the  federative  eoat- 

Ret  expressed  and  set  forth  ia  the  said  code,  bi 
:e  manner,  the  citizen  Francisco  Xavier  Biafa 
withdrawing  from  the  Presidential  chair,  and  the 
citizen  Francisco  Xavier  Alcala  occupyiiig  it  ia 
his  place,  the  oath  was  taken  in  the  same  torm 
by  the  three  members  who  are  to  enter  into  the 
discharge  of  the  Executive  power,  namely,  citi- 
zen Francisco  Xavier  Mays^  Francisco  Antoaio 
Zea,  and  Jos6  Cortes  Madartaga,  who  were  there* 
upon  invcbted  with  the  functions  attached  to  their 
high  office  (the  two  latter  in  the  quality  of  pr»- 
visioiAtl  members)  uatii  the  appeaiaoce  c(  the 


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JWygwcfeiteg  tf  ihe  SpanUh  Fnminem. 


Geaacalt  Bolivar  and  Toro.  And  the  Assembly 
hariDg  verifed  this  act,  and  takeo  into  eonsidera- 
tion  the  existing  circumstances,  declared  itself  in 
a  atate  of  adjournment,  to  which  the  following 
members  subscribed  their  signatures :  Francisco 
XaWer  de  Mays,  Francisco  Antonio  Zea,  Jo86 
Cortes  Madariaga,  Santiago  Marino,  Luis  firion, 
Francisco  Xarier  Alcala,  Diego  Valenilla,  Manuel 
Ysaba,  Diego  Antonio  Alcala,  Francisco  de  Paula 
NaTal,  Manuel  Maneyro,  Diego  Bautista  Urba- 
nesa,  (i^oco^  secretario)  Secretary  authorized  to 
take  cne  rotes.  A  true^opy : 

C.  BESARES,  Acting  Sec  of  State. 

No.  12. 

Otneral-  ArHfai  to  James  Monroe^  President  of  the 

Vmted  States  of  North  America, 

HBAOaUABTBRS  AT  PORIPICATION, 

Sejaember  1, 1817. 

M 08T  Excellent  Sir  :  I  had  the  honor  to 
eommunicate,.  in  the  first  instance,  with  Mr. 
Tiiomas  Lloyd  Haisey,  Consul  of  the  United 
States  in  these  proTinces,  and  I  have  to  congratu- 
late myself  on  so  fortunate  an  incident.  1  have 
tendered  to  him  my  respects  and  all  mjr  services  \ 
and  I  will  avail  myself  of  this  favorable  occasion 
of  presenting  to  your  Excellency  my  most  cordial 
respect. 

The  various  events  of  the  revolution  have  hith- 
erto deprived  me  of  the  opportunity  of  accord- 
ing this  dutv  with  my  wishes.  I  pray  your  Ex- 
ceTleDcy  to  be  pleased  to  accept  them,  now  that 
I  hare  the  honor  to  offer  them  to  you,  with  the 
same  sincerity  that  I  strive  to  promote  the  public 
weal  and  the  glory  of  the  Republic.  To  their 
support  are  all  my  efforts  directed,  aided  by  the 
sacrifices  o(  thousands  of  my  fellow-citizens. 
Hearen  grant  our  wishes ! 

In  that  event  I  shall  renew  to  your  Excellency. 
still  more  warmly,  the  assurance  of  my  cordial 
regard,  and  of  the  high  consideration  with  which 

I  have  the  honor  to  be,  sir,  yours,  ^. 

JOSE  ARTIGAS. 


No.  13. 

Mr^  Agmrrt  to  the  President  of  the  United  States  of 
North  Amenea. 

Wabbingtom,  Oct.  29, 1817. 
Mosir  Excellent  Sir:  Three  centuries  of  co- 
lonial oppreasion  bv  a  corrupt,  superstitions,  and 
ignorant  nation,  wnose  obstinate  and  iniquitous 

Silicv  ever  has  been  to  vilify  the  inhabitants  of 
oath  America,  as  being  destined  to  vegetate  in 
obscurity  and  debasement;  (such  are  the  expres- 
sions of  the  VicerojT  Albancos;)  the  violent  system 
<Nf  keepioff  them  in  ignorance  of  all  information  in- 
eompatible  with  its  principles  of  colonial  depen- 
dence ;  the  perverse  policy  of  denyin|^  to  the  chil- 
dren of  the  mother  country,  and  their  lawful  de- 
seendants  on  the  American  continent,  the  rights 
of  citizens  in  the  exercise  of  a  practical  equality; 
the  exclusive  monopoly  of  commerce  despotieally 
exercised,  regulated  by  the  laws  solely  in  favor  of 
15tli  Con.  Ist  Sxss.— 60 


the  mother  country,  and  maintained  by  force  at 
the  price  of  the  blood  of  iDnocept  victims,  natives 
of  the  country ;  the  black  ingratitude  with  which 
it  has  conducted  itself  towards  the  capital  of  Bue- 
nos Avres,  after  having  so  gallantly  and  energeti- 
cally defended  the  Spanish  dominion  against  the 
English  army  under  General  Beresford  in  1806, 
and  the  army  of  12,000  men  of  the  same  nation, 
commanded  by  Gkneral  Whitelock  in  1807 ;  final- 
ly ^he  infamous  engagement  to  force  them,  against 
their  consent,  to  submit  to  the  yoke  which  the 
Emperor  Napoleon  (an  instrument,  as  it  were^  of 
divine  justice  for  the  chastisement  of  thrones)  im- 
posed upon  Spain,  to  avenge  the  bloody  usurpa- 
tions of  the  Empires  of  Mexico  and  Peru,  pre- 
pared these  people,  on  the  ^th  of  Ma^,  1810,  for 
their  separation  from  the  Spanish  nation,  already 
conquered  by  the  French,  not  to  admit  the  addi- 
tional circumstance  that  the  inhabitants  of  these 
provinces  preserved  them  for  the  captive  King 
Don  Ferdinand  VII.  and  his  lawful  successors. 

On  the  restoration  of  the  King  of  Spain  to  his 
throne,  a  sufficient  time  was  afforded  to  give  him 
the  opportunity  of  correcting  his  counsels,  statins 
the  erievances  and  injuries  be  complained  of,  and 
finally  of  proposing  an  honorable  termination  of 
these  differences.  Although  the  .deputy  had  not 
yet  arrived  at  the  Court  ofMadrid,  the  King  had 
already  despatched  his  inexorable  and  bloody  de- 
crees; and  the  expedition  under  Gkneral  Morillo 
crossed  the  seas  to  wage  a  war  of  devastation  on 
these  countries.  The  natural  right  of  self-defence 
imposed  the  necessity  of  taking  measures  to  repel 
force  by  force.  Hostile  armies  were  the  worst 
means  which  could  be  employed  to  bring  about 
an  accommodation. 

When  the  deputy  of  the  Court  of  Madrid  in- 
formed this  Gk>vernment  that  the  King  of  Spain 
insisted  on  leaving  no  other  alternative  than  the 
most  abject  submission,  and  that  he  claimed  these 
provinces  as  the  property  of  his  crown,  (doubtless 
to  make  them  the  victims  to  Spanish  vengeance,) 
then  it  was  that  the  sovereign  Congress  of  these 
provinces  having  assembled  did,  in  imitation  of 
the  example  of  their  brethren  and  natural  friends 
of  North  America,  unanimousiv  proclaim,  in  the 
city  of  Tucuman,  on  the  9th  day  of  July,  1816, 
the  solemn  act  of  their  civil  independence  of  the 
Spanish  nation,  of  the  King  of  Spain,  his  heirs 
and  successors,  and  did  swear,  together  with  tite 
people  represented  by  them,  to  support  their  po- 
litical emancipation  at  the  risk  of  their  lives,  for- 
tunes, and  honor. 

Qod  preserve  your  Excellency  many  years. 
MANUEL  H.  DE  AQUIRRB. 


No.  14. 
Don  Manuel  H.  de  Aguirre  to  the  Secretary  (f  State. 

CiTT  OP  WASHIliaTON, 

December  16^  1817. 

Moer  ExoBLLBirr  Sia:  Having  had  the  honor 

to  inform  you  in  October  last,  that  the  United 

Provioees  in  South  America  had  declared  them- 

selres  free  and  independent  States,  and  to  Uy  be- 


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Md$pmd$iice  if  the  J9panM  Fr§iiinee$. 


§oi%  you  tiie  reasons  which  sapported  that  decla- 
raCioD,  together  with  the  object  and  credentials 
of  my  mission  to  the  QoTernraent  of  the  United 
States,  the  respect  I  owe  to  the  instructions  of 
my  constituents,  and  the  due  discharge  of  the 
trust  with  which  they  hare  honored  me,  now  in- 
dvoe  me  to  demand  of  this  Gbremment  the  ac- 
knowledgment of  those  prorinces  as  such  free 
and  independent  States. 

By  my  prerious  communications,  you  will  have 
perceived  that  this  declaration  was  not  premature, 
and  that  the  provinces  of  Rio  de  la  Plata  abetained 
from  making  it  whilst  it  could  have  been  attrib- 
uted to  the  effect  of  the  difficulties  of  the  mother 
country.  They  held  so  lofty  a  conception  to  be 
among  the  obligations  which  they  were  about  to 
contract  on  placing  themselves  in  the  rank  of 
natioas ;  and,  before  they  cat  short  the  intermi- 
nable cataloffue  of  vexatious  and  patient  suffer- 
iagc  of  whicn  Spanish  America  offers  so  striking 
an  example,  they  preferred  exhausting  all  the 
means  of  conciliation  which  prudence  could  sug^ 
fast,  and  proving  whether  their  own  conviction 
of  their  rights,  and  of  the  injuries  they  had  snf- 
fered,  would  rise  superior  to  their  ancient  habit 
of  sobmission  and  obedience,  and  whether  they 
were  able  to  sprmount  the  obstacles  and  embar- 
rassments inseparable  from  their  new  situation. 
It  was  after  repeated  proofs  of  this  kind,  and  after 
nniform  results,  that  the  Congress  of  those  prov* 
inees  declared  them  sovereign  States,  on  the  9th 
of  July,  1816. 

Notwithsundiotf  all  these  proofs  and  precau- 
tions, the  respect  due  to  foreign  nations  made  my 
Government  anxious  farther  to  obtain  an  attitude 
which  might  inspire  greater  confidence  before  it 
asked  of  them  to  acknowledge  her  as  worthy  of 
the  high  rank  to  which  she  had  raised  herself. 
During  the  space  of  six  years  previous  to  their 
declaration  of  independence,  the  forces  of  these 
provinces  had  obtained  signal  successes  on  the 
eastern  border,  having  captured  the  wh^e  of  the 
royal  squadron  which  attacked  them;  reduced 
one  of  the  strongest  places  in  our  hembphere, 
after  a  memorable  siege,  and  made  prisoners  of 
war  the  strong  garrison  which  defended  it ;  and 
if  victory  was  not  always  the  inseparable  com- 
panion of  our  arms  in  Peru,  it  was  often  so,  and 
enabled  us  to  drive  back  the  satellites  of  tyraniy 
to  a  greater  distance  from  our  territories. 

Almost  eighteen  months  have  passed  since 
this  declaration— -eighteen  months,  during  which 
the  King's  forces  nave  had  no  other  object  in 
view  than  to  rivet  anew  the  chains  which  Span- 
ish Aouerica  had  burst  asunder  and  shaken  off  If 
such  an  undertaking  had  been  within  the  power 
of  Spain,  she  never  could  have  had  a  more  favor- 
able opportunity  than  at  present,  when  she  has 
had  at  ner  disposal,  disengaged  from  any  other 
calls  of  service,  an  army  numerous  and  warlike, 
and  the  aids  of  all  who  interest  themselves  in 
perpetuating  the  monopoly  and  subjection  of  our 
eoQOtry.  It  is  true  that  Spain  proceeded  to  fit 
out  an  expedition  the  most  brilliant  that  was 
ever  emploved  in  the  subjugation. of  our  conti- 
nent ;  but  this  expedition,  although  repeatedly  re- 


inforced, has  scarcely  been  able  to  maintain  ils 
ground  with  honor  m  a  single  province;  con- 
sumed as  it  has  been  by  the  dreadful  phenomena 
of  nature,  and,  above  all,  by  a  six  years'  war  af 
the  most  sanguinary  and  exasperated  charaetet ; 
while  the  provinces  of  Rio  de  la  Piata^  have  not 
only  been  able,  duriiig  all  that  time,  to  preaerve 
the  precious  treasure  of  their  liberty,  hut  to  be- 
stow it,  without  foreign  aid,  on  their  brethr^  of 
Chili,  and  to  force  the  King's  troops  to  retire  to- 
wards Peru,  which,  having  been  rein&rced  hy 
fresh  detachments,  nad  ventured  to  show  them- 
sdves  on  our  territory.  It  is  under  such  circum- 
stances, it  is  af^er  having  shown  and  proven  the 
grounds  and  motives  of  its  declaration,  and  the 
means  it  possesses  to  support  it,  that  my  Govern- 
ment has  thought  it  conforanable  to^  the  resist 
due  to  nations  M  mi^e  it  known  to  them,  and  to 
solicit  their  acknowledgment  of  its  sovereignty. 

My  QoverniBeat,  considering  that  of  the  Uni- 
ted States  as  one  of  the  first  of  whom  it  ovq^t 
to  solicit  this  acknowledgment,  believed  that  the 
identity  of  political  principles,  the  coosideratipn 
of  their  io habiting  the  same  hemisphere,  and  tke 
sympathy  so  natural  to  those  who  have  experi- 
enced similar  evils,  would  be  so  many  additional 
reasons  in  support  of  iu  anxiety.  There  still  ex- 
ist, there  still  preside  over  the  councils  of  the 
nation,  manv  or  those  who  supported  and  sealed 
here  with  their  blood  the  rignts  of  man  ;  their 
wounds,  permit  me  to  say  so,  are  so  many  power- 
ful advocates  here  for  the  Spanish  Americans. 
The  recollection  that  it  was  these  States  which 
first  pointed  out  to  us  the  path  of  glory,  aod  th(e 
evidence  that  they  are  enjo]^ing  most  fully  tha 
blessed  effects  of  liberty,  inspire  me  with  the  con- 
viction that  it  is  for  them  also  to  show  that  they 
know  bow  to  appreciate  our  efforts,  and  therebp 
aoimate  the  other  provinces  which,  less  fortunate 
have  not  yet  been  able  to  put  an  end  to  the  san- 
guinary struggle. 

I  cannot  close  this  communication  without 
requesting  you  to  make  known  to  the  Presicient 
the  wishes  of  the  United  Provinces  in  South 
America;  and,  also,  to  represent  to  him  their 
earnest  desire  to  see  firmly  established,  between 
these  Sutes  and  those  .provinces,  relations  mutu- 
ally beneficial,  suited  to  Goveraments  and.  pea- 
pie  whose  institutione  are  so  analogous,  and  all 
whose  interests  invite  them  to  promote  and 
maintain  a  close  and  permanent  friendship. 

God  preserve  you  many  years. 

MANUEL  H.  PS  AGUIRRK. 

No.  15. 
Don  Manuel  H,  de  Aguim  to  the  Soeretart/  of  State* 
DECfiMBsa  26, 1817. 
SfB :  I  had  the  honor  to  inform  you,  on  tha 
16th  of  this  month,  that  the  United  Provinces  of 
South  America,  having  declared  themselves  free 
and  independent,  had  made  a  request  to  be  con* 
sidered  as  such  by  these  United  States;  and,  aa 
you  expressed  a  desire,  in  the  conference  witb 
which  you  honored  me  the  day  before  yesterday, 
to  be  more  folly  informed  of  the  grounds  OB 


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18S8 


jLP^wsmz. 


IS94 


Mependence  ef  ^  SpanM  Frwincm. 


whieh  those  protinces  formed  their  request,  I 
now  «oinpl]r  wkh  your  desire. 

In  mf  said  note  I  pMirtienlarlr  stated  the  eir- 
cumspection  with  which  my  Goyernment  had 
proceeded,  and  the  precautions  it  had  taken  from 
a  tense  of  its  own  honor,  and  the  respect  due  to 
other  nations,  before  it  required  to  be  considered 
hy  them  as  a  sovereign  Power.  Tou  were  pleased 
to  remark  on  the  uncertainty  of  establishing  a 
new  Goyernment,  and  the  hesitation  naturally 
produced  by  such  a  request;  and  you  preferred 
that  ft  should  be  delayed,  or  not  made  until  all 
doubt  was  removed  of  tne  real  existence  and 
duration  of  their  sovereignty,  and  they  have 

g'lven  A  pledge  to  foreign  nations  that  there  ez- 
ted  no  intention  to  commit  them  by  making 
thia  request. 

For  more  tban  seven  years  have  these  prov* 
inees  carried  pa,  alone^  an  active  and  suocessfol 
war.  The  evi'deDces  of  their  successes  have  been 
witnessed  in  the  capture  of  the  royal  squadron, 
the  occupation  of  Montevideo,  the  numerous 
prisoners  of  war  who  fertilize  our  fields,  the 
chastisement  of  the  King's  forces  in  Peru,  and 
the  recovery  of  the  provinces  of  Chili.  Mean- 
while, our  interior  organization  has  been  pro- 
f  reasiTeiy  improving.  Our  people  have  made 
an  essay  in  the  science  of  government,  and  have 
appointed  a  congress  of  representatives,  which 
is  engaged  in  promoting  the  general  weal.  A 
plan  of  military  defence  has  been  formed,  in 
whieh  we  were  before  deficient,  and  a  system  of 
revenue  organized  that  has  hitherto  been  com- 
petent to  provide  for  our  numerous  wants  \  final- 
ly, public  opinion  is  daily  gaining  ground,  unsup- 
iK>rted  by  which  the  Government  would  have 
been  unable  to  undertake  the  enterprises  which 
la^re  distinguished  it 

The  strength  of  our  oppressors  diminishing 
with  the  increase  of  our  means  of  defence,  their 
hopes  declining  of  longer  tyrannizing  over  us,  a 
n^ular  system  of  government,  the  decision  of 
our  citizens^  a  competent  revenue,  an  organized 
foffoe  avficiently  strong  for  the  defence  of  the 
country,  a  squadron  amt,  a  disposable  army  in 
Chili,  and  a  second  operating  in  Peru— all  this 
most  surely  undeceive  our  enemies,  even  if  the 
4abit  of  authority  should  still  flatter  them  with 
Mpea. 

Notwithstanding  the  professions  of  neutrality 
oa  the  part  of  the  United  8utes,  towards  the 
coatendHi^  parties  in  Spanish  America}  not- 
withsunding  the  indifierence.  if  1  may  say  so, 
fHlh  which  the  United  Sutes'have  looked  on  a 
aauotrf  deluged  with  blood  by  its  tyrants,  I 
•would  net  ofiend  you,  sir,  by  the  idea  that  you 
consider  it  necessary  that  we  should  offer  proofs 
^  th%  justice  of  our  cause.  The  few  of  our  suf- 
fiiriags  that  have  come  to  the  knowledge  of  for- 
eiga  nations  have  filled  them  with  horror  and 
indignation ;  never  was  the  human  race  so  de- 
based elsewhere  as  we  have  been;  never  did 
men  draw  their  swords  in  a  more  sacred  cause. 
Bat  the  provinces  of  Rio  de  la  Plata  mean  not 
Co  excite  the  sensibility  of  the  United  Sutes. 
They  only  eall  upon  their  justice.    The  contest 


in  South  America  can  be  viewed  in  no  other 
light  than  as  a  civil  war;  and  I  have  proven  to 
you,  sir,  the  prosperous  and  respectable  attitude 
of  those  provinces.  Are  they,  then,  to  be  thought 
worthy  of  being  ranked  among  nations?  uo 
their  full  enjoyment  of  all  the  rights  of  sover- 
eignty for  more  than  seven  years,  their  successes, 
and  present  position,  give  them  a  right  to  beeome 
one? 

The  apprehension  that  this  acknowledgment 
might  involve  the  United  States  in  a  war  vrith 
the  chief  of  the  adverse  party  could  not  bejasdy 
considered  by  my  Government  as  a  sumelent 
motive  to  prevent  their  soliciting  it ;  since,  haw- 
ever  little  of  Justice  or  prudence  may  be  fomd 
in  the  councils  of  the  King  of  Spain,  even  that 
would  suffice  to  prove  that  other  nations  ha^re 
distinct  and  fixed  rules  whereby  to  estimate  po- 
litical successes :  that,  practically,  they  aokaowi- 
edge  no  other  sovereign  power  tnan  that  which 
is  so  de  facto;  that  they  can  inquire  no  further 
without  interfering  with  the  internal  copoelras  of 
other  nations ;  and  that,  when  a  nation  is  divi- 
ded into  two  parties,  or  the  bonds  of  the  political 
compact  between  tne  monarch  and  the  people 
happen  to  be  otherwise  broken,  they  botn  hare 
eqaal  rights,  and  owe  the  same  obligations  to 
neutral  nations.  It  follows^  therefore,  that  the 
contending  parties  in  Spanish  America  are  not 
subjected  to  different  rules. 

If  these  rules  may  sometimes  be  varied,  or  ad- 
mit of  any  alteration,  the  exception  should  al- 
ways be  in  favor  of  the  oppressed  against  the 
oppressor.  It  is  therefore  strongly  contended  by 
many  of  the  most  celebrated  civilians,  "  that  in 
all  revolutions  produced  by  the  tyranny  of  the 
prince,  foreign  nations  have  a  right  to  assist  an 
oppressed  people;^  a  right  dictated  by  justice  and 
generosity.  Now  it  cannot  be  supposed  that  the 
observance  of  justice  ever  gave  a  pretext  for 
war  to  the  party  or  nation  most  interested  in  a 
difierent  conduct.  Since,  therefore,  my  Goveni* 
ment  has  limited  its  pretensions  to  the  aokaawl* 
edgment  of  its  real  and  effective  sovereigaty, 
which  even  our  adversary  himself  would  not 
call  in  question,  it  considers  itself  authorised  to 
take  this  step,  by  the  practice  of  nations,  by  pub- 
lic opinion,  and  the  sanction  of  eternal  jastiee. 

In  oar  late  conference,  yon  appeared  to  ind 
an  objection  in  the  occupation  of  Montevideo  by 
the  Portuegeoe  troops.  But  if  credit  is  to  be 
given  to  the  correspondence  between  my  Qoir- 
enment  and  that  of  Brazil,  the  principal  motive 
for  thia  war  is  the  ancient  pretension  df  the  King 
of  Brazil  to  more  exteneive  limits.  It  will  prob- 
ably be  impossible  for  him  to  obtain  them,  asdne 
of  our  meet  dbtincuished  commanders,  supported 
by  the  most  ample  resources,  is  now  engaffed  in 
repelling  them ;  and  notwithstanding  the  double 
fimily  ties  which  now  connect  that  Sovereiga 
with  the  King  of  Spain,  our  national  exisieaee, 
so  (hr  iVom  being  seriously  threatened  by  the 
war  in  that  quarter,  [La  Banda  Oriental,]  is 
strengthened  by  it.  zou  also  remariced,  that 
similar  pretensions  had  been  formed  by  other 
provinces  of  Spanish  America  now  ooitendiag 

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APPENDIX. 

independence  of  the  SpanM  Pnmncee. 


1806 


for  their  liberties.  Woold  to  Heaven  that  they 
all  could  now  offer  to  this  QoTernment  the  same 
proof  of  their  effective  sovereignty,  and  eqoal 
pledges  of  their  respective  preponderating  power! 
Hamanitj  would  then  have  much  fewer  evils  to 
deplore,  and  all  America  would  exhibit  a  united 
people,  only  rivalling  with  each  other  in  the  art 
of  improving  their  civil  institutions,  and  extend- 
ingihe  blessings  and  enjoyment  of  social  order. 

When  I  cootempUte  the  distinguished  part  the 
United  States  may  take  m  realizing  this  grand 
enterprise,  and  consider  how  much  it  is  in  their 
power  to  hasten  this  happv  period,  only  by  giv- 
ing an  example  of  national  justice,  in  acknowl- 
edging the  independence  of  those  Governments 
who  so  gloriously  and  hj  so  many  sacrifices 
have  known  how  to  obtain  it,  my  reason  per 
•nades  me  that  the  wishes  of  the  uoited  Prov- 
inces cannot  fail  to  be  speedily  accomplished. 

I  have  the  honor  to  renew  to  you,  sir,  the  as- 
•uranees  of  my  highest  consideration,  and  pray 
God  to  preserve  you  many  years. 

MANUEL  H.  D£  AGUIRRB. 

No.  16. 
DonMBnudH.de  Aguirre  to  the  Secretary  of  State. 
CiTT  OP  Wasbihotoh,  Dec.  29, 1817. 

Sib  :  It  is  painful  to  me  to  trespass  on  your 
attention  with  complaints ;  but  I  should  be  want- 
ing both  to  the  trust  committed  to  me  by  my 
Government,  and  my  duty  to  my  country,  if. 
after  being  informed  of  the  ourport  and  effect  of 
the  law  passed  on  the  3d  or  March  last,  for  the 
more  effectual  preservation  of  the  neutral  rela- 
tions of  the  United  States,  I  did  not  represent  to 
you  that  its  effects  bear  hard  only  on  tnose  who 
are  struggling  for  the  independence  of  Spanish 
America. 

By  the  law  and  usages  of  nations,  neutrals  are 
forbidden,  if  I  am  not  mistaken,  to  afford  any 
active  aid  to  any  of  the  contending  parties;  to 
sanction  any  law  granting  or  refusing  privileges 
to  one,  which  are  not  at  the  same  time  effectu- 
ally granted  or  refused  to  the  other  |  and,  in 
fine,  to  change  their  commercial  or  other  regular 
tiofl^  to  as  to  improve  the  condition  of  the  one 
to  the  exclusion  of  the  other. 

If,  on  comparing  the  abovementioned  law  with 
this  doctrine,  and  observing  that  whether  we 
look  to  the  time  of  Ito  enactment  or  the  period 
of  its  duration,  it  could  only  be  applicable  to  the 
<Qntcat  now  carrying  on  in  South  America,  we 
cannot  but  be  surprised  that  it  tends  so  direcUy 
to  injure  those  who  are  defending  themselves 
against  the  most  horrible  tyranny ;  and  not  only 
prohibits  the  irregularities  arising  from  the  defi- 
ciency of  measures  to  preserve  a  strict  neutral- 
ity, but  also  prohibits  or  subjecto  to  bonds, 
amounting  to  a  prohibition,  the  exportation  oi 
arms  and  ammunition,  or  any  other  mercantile 
operation  which  may  be  considered  as  calculated 
to  aid,  or  in  any  manner  to  co^)perate  in,  any 
measure  of  hostility. 

If  you  permit  me,  sir,  to  point  out  the  efleet  of 
that  Uw  upon  those  provinces  which,  although  I 


engaged  in  the  same  cause  with  those  of  Rio  de 
la  Plata,  are,  notwithstanding,  under  distinct 
Governments,  I  would  observe  that  their  state  of 
defence  is  much  inferior  to  that  of  the  enemy ; 
that  some  of  them,  perhaps,  have  not  the  means 
of  increasing  it.  if  the  nearest  neutral  nation 
shuts  their  markets  against  them ;  and  that  the 
law  which  subjects  them  to  the  impossibility,  or 
increases  the  difficulty,  of  augmenting  their 
means  of  defence,  has  a  direct  tendency  to  pro- 
mote their  subjugation.  The  unequal  effects  of 
this  law  are  still  more  evident,  if  we  consider 
that,  while  it  immediately  deprives  several  of 
those  provinces  of  the  most  essential  supplies,  it 
allows  their  enemies  to  draw  supplies  from  hence, 
without  which  their  troops  could  not  move  « 
step.  It  cannot  be  possible  that,  in  refusing  all 
manner  of  aid  to  those  who  are  engaged  in  our 
bloody  struggle,  the  United  States  should  so  far 
restrict  their  commerce  as  to  prohibit  the  ex- 
portation of  provisions. 

I  shall  abstain  from  calltag  your  attention  to 
consequences  still  more  injurious,  resulting  from 
such  a  precedent;  but  I  cannot  avoid  observin|r 
that  the  fourth  section  of  the  law  in  question  la 
evidently  favorable  to  the  King  of  Spain  exclu- 
sively, if  we  attend  to  the  time  and  circumstances 
when  it  passed. 

I  confidently  rely,  sir,  on  vour  laying  before 
the  President  the  subject  of  the  present  com- 
plaint, which  nothing  but  the  necessity  of  the 
case  has  compelled  me  to  make ',  and  also  on 
your  submitting  to  him,  that,  in  our  present 
struggle,  we  not  only  defend  the  riffhts  of  man- 
kindand  the  best  interests  of  civilized  society, 
but  that  we  are  contendiDg  for  the  preservation 
of  our  families  and  for  our  existence. 

God  preserve  you  many  years. 

MANU£L  H.  DB  AGUIRRB. 

No.  17. 
Don  Manuel  H,  de  Agmrre  to  the  Secretary  ^  Siatk* 
CiTT  OF  Washingtoit,  /ofu  6,  1818k 

Sia:  In  the  last  interview  with  which  vov' 
honored  me  a  few  days  ago,  you  were  pleasea  to 
state  that  the  act  of  the  acknowledgment  of  the 
independence  of  the  United  Provinces  in  South 
America  ought  to  be  reduced  to  a  formal  treatf 
between  the  two  independent  Government^  aa 
was  practised  in  the  case  of  the  Treaty  of  Amitf 
and  Commerce  between  the  United  States  nmi 
His  Most  Christian  Majesty^  in  1778. 

Not  considering  myself,  in  truth,  sufficieatiy 
authorized  bv  my  Government  to  treat  with  ihak 
of  the  United  States,  in  special  terms,  I  then  h«i 
the  hoyor  to  explain  to  you  that  my  powers  di4 
not  extend  so  far ;  but,  keeping  in  view  the  spixst 
and  object  of  my  commission,  (as  appear  by  tte 
credentials  now  in  your  possession,)  namelr. 
'*  to  promote  as  far  as  may  be  the  honor  and 
consolidation  of  the  cause  in  which  these  proT- 
inees  are  now  engaged;"  and,  it  appearing  evi- 
dent, on  the  other  hand,  to  be  the  intention  mud 
desire  of  the  said  fovereign  Congress  closely  to 
eonneet  themselves  by  direct  relatioaa  of  mfttnl 


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1607 


APPENDIX. 


1808 


Mi$g^  ArmamenU^Amelia  MatnL 


IHeodbbip  sod  eorameree  witk  these  United 
States,  I  have  not  the  least  hesitation  to  assure 
yea  that  I  consider  myself  fully  anthorized  hj 
my  GoTernment  to  enter  into  a  negotiation  with 
that  of  the  United  States  on  the  general  basis  of 
a  reeiproeal  amity  and  commerce. 

I  bare  the  honor  to  renew  to  yoa  the  assn- 
ranees  of  the  hiffhest  consideration,  &c. 

MANUBL  H.  DB  AGUIRRB. 

No.  18. 
Dm  Mmud  H.  dt  Agmrre  to  the  Secntwry  of  SiaU, 
WiL0BiMOTOM  Cmr,  Jan.  id,  1818. 

Sir  :  I  had  the  honor,  in  mT  interriew  with 
yoa  on  the  13th  of  this  month,  to  state  to  yoa 
tha  Ught  in  which  the  inrasion  of  one  of  the 
Untted  Profinces,  hj  the  troops  of  the  King  of 
PortogaJ,  was  Tie  wed  by  my  GoTernment.  there- 
by Tilting  the  neutrality  which  they  had  bound 
themselves  to  maintain  conjointly  with  my  Qor* 
ernmenc  I  likewise  deemed  it  fit  to  inform  you, 
that  ihia  act  of  infasion  by  a  neutral  nation,  for 
tiie  purpose  of  dismembering  the  integrity  of 
the  territory  of  Spanish  America  within  its  law- 
All  limits,  was  considered  bv  the  councils  of  my 
Govetninent  as  an  act  of  hostility  between  the 
matioas  at  rariance,  and  that  on  this  principle 
they  had  regulated  their  conduct  towards  the 
King  of  PortugaL 

In  the  same  conference,  I  had  the  satisfaction 
ta represent  to  you  that  the  trade  and  communi- 
eation  between  the  profinces  of  Rio  de  la  Plata 
and  the  United  States  had  no  other  basis  than  a 
decree  of  the  €k)Terament  of  those  profioces,  by 
which  a  free  trade  is  granted  to  foreign  nations, 
in  consequence  of  the  imperious  circumstances 
of  the  mother  country  in  the  years  1808  and  1809, 
and  by  which  that  Gorernment  reserred  the 
itffht  of  limiting  its  duration,  on  the  termination 
or  the  urgency  of  the  case. 

In  the  note  which  I  previousljr  had  the  honor 
to  address  you,  I  considered  it  my  duty  to  express 
the  sincere  and  earnest  desire  of  my  Go? ernment 
to  establish  reciprocal  and  close  relations  of  amity 
and  commerce  with  the  United  States;  and  you 
will  now  permit  me  to  request  you,  sir,  that,  in 
making  the  President  acquainted  with  these  loyal 
aeiiiimeau,  you  will  also  inform  him  that  it  is 
equally  its  desire  to  establish  a  solid  and  lasting 
mendship.  in  order  that  the  consequent  predilec- 
tion may  hare  its  full  effect  on  the  communica- 
tion and  trade  between  both  countries. 

Oar  Lord  preserTe  you  many  years. 

MANUBL  H.  DR  AGUIRRB. 


ILLEGAL  ARMAMENTS  — OCCUPATION  OP 
AMELIA  ISLAND. 

[Commnnieated  to  Congress,  March  14,  and  to  the 

floaee  of  Reprasentttives,  Msroh  96, 1618.] 
J^  ike  Senate  and  Uoun  of 

Me^reeeniaiiveaofike  United  States  f 
la  compliance  with  a  resolution  of  the  Senate 
of  Uia  I61I1  of  Deeember,  and  of  the  House  of 


RepresenUtiTes  of  the  34th  of  February  last,  I  lay 
before  Congress  a  report  of  the  Secretary  of  State, 
and  the  papers  referred  to  in  it,  respecting  the 
negotiation  with  the  GoTernment  of  Spain.  To 
explain  fully  the  nature  of  the  differences  betwden 
the  United  States  and  Spain,  and  the  conduct  of 
the  parties,  it  has  been  found  necessary  to  go  back  to 
an  early  epoch.  The  recent  correspondence,  with 
the  documents  accompanying  it  will  gire  a  full 
riew  of  the  whole  subject,  and  place  the  conduct 
of  the  United  States^  in  every  stage  and  under 
every  circumstance,  for  justice,  moderation,  and 
a  firm  adherence  to  their  rights,  on  the  hiffh  and 
honorable  ground  which  it  has  inTariably  sus- 
tained. 

JABIBS  MONROB. 
Mabch  14, 1818. 

DiPABTMiiiT  or  Stats,  March  14^  1818. 

The  Secretary  of  State,  to  whom  hare  been 
referred  the  resolutions  of  the  Senate  of  the  16lh 
of  December,  and  of  the  House  of  Representatires 
of  24th  February  last,  has  the  honor  of  submit- 
ting  to  the  President  the  correspondence  between 
this  department  and  the  Spanish  Minister  resid- 
ing there,  since  he  receired  the  last  instructions 
of  his  Government  to  renew  the  negotiation, 
which,  at  the  time  of  the  last  cornmunication  to 
Congress,  was  suspended  by  the  insufficiency  of 
his  powers.  These  documents  will  show  the 
present  state  of  the  relations  between  the  two 
Governments. 

As  in  the  remonstrance  by  Mr.  de  Onis,  of  the 
6th  of  December,  against  the  occupation  by  the 
United  States  of  Amelia  Island,  he  refers  to  a  pre- 
vious communication  from  him,  denouncing  the 
expedition  of  Sir  Gregor  McGregor  against  that 
place,  his  note  of  6th  July,  being  the  paper  thus  re- 
ferred to,i8added  to  the  papers  nowtransmitted.  Its 
date,  when  compared  with  that  of  the  occupation 
of  Amelia  by  McGregor,  will  show  that  it  was 
written  ten  days  after  that  event ;  and  the  contents 
of  his  note  of  6th  December  will  show  that  mea- 
sures had  been  taken  by  the  competent  authorities 
of  the  United  States  to  arrest  McGregor  as  soon  as 
the  unlawfulness  of  his  proceedings  within  our  ju- 
risdiction had  been  maae  known  to  them  by  l^al 
evidence,  although  he  was  beyond  the  reach  of 
the  process  before  it  could  be  served  upon  his  per- 
son. The  tardiness  of  Mr.  Onis's  remonstrance 
is  of  itself  a  decisive  vindication  of  the  magis- 
trates of  the  United  States  against  any  imputa- 
tion of  neglect  to  enforce  the  laws;  for  ir  the 
Spanish  Minister  himself  had  no  evidence  of  the 
project  of  McGregor,  sufficient  to  warrant  him  in 
addressing  a  note  upon  the  subject  to  this  depart- 
ment, until  ten  days  after  it  had  been  accom- 
plished, it  cannot  be  supposed  that  bfficers  whope 
authority  to  act  commenced  only  at  the  moment 
of  the  actual  violation  of  the  laws,  and  who  could 
be  justified  only  by  clear  and  explicit  evidence 
of  the  facts  in  proof  of  such  violation,  should 
have  been  apprized  of  the  necessity  of  their  in- 
terposition, in  time  to  make  it  effiBctual,  before  tha 
person  accused  had  departed  from  this  oooatry. 

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A«  in  the  recent  discasiioM  between  Mr.  Onis 
and  this  department  there  is  frequent  reference 
to  tfaoee  of  the  negotiation  at  Aranjoez  in  16^ 
the  correepondence  between  the  extraordinary 
lalfBion  of  the  United  States  at  that  period  and 
Don  Pedro  Cevalioe^  then  the  Mioister  of  Foreign 
Afikite  in  Spain,  will  be  ako  submitted  as  soon 
ai  may  be,  to  be  laid  before  Congress ;  together 
titith  the  oonrespondence  between  Don  Francisco 
Piaarro  and  filr.  E«rying  immediately  preeeding 
tho  mnsmisston  of  new  instructions  to  Mir.  Onis, 
«ad  dher  oorrespendenee  of  Mr.  Onis  with  this 
dmrtment)  tendipff  lo  complete  the  yiew  of  the 
relations  between  the  two  countries. 

JOHN  dUINCY  ADAMSL 

March  25, 1818. 
7b  the  House  ofR^amkitiweB  of  the  United  Staiea  .* 
I'ttaasiBit  to  the  Honse  of  Rapreeentaftives,  in 
compliance  with  thitir  resolution  of  March  the 
20tb,  such  information,  not  heretofore  communis 
ted,  as  is  in  the  possession  of  the  Bzecutiye,  relat- 
ing to  the  occupation  of  Amelia  Island.  If  any 
dcmbthad  before  existed  of  the  improper  conduct 
of  the  persons  who  authorized^  and  of  those  who 
were  engaged  in.  the  invasion  and  previous  oocu- 
paacy  of  that  island,  of  the  unfriendly  spirit  to.- 
warcU  the  United  States  with  which  it  was  com- 
^need  and  prosecuted,  and  of  its  injurious  effect 
on  their  highest  interests,  particularly  by  iu  ten- 
dencT  to  compromit  them  with  foreign  Powers 
in  all  the  unwarrantable  acts  of  the  adventurers, 
ii  is  presumed  that  these  documents  would  re- 
move it.  It  appears  hy  the  letter  of  Mr.  Pazos, 
agent  of  Commodore  Aury,  that  the  project  of 
seixing  the  Flotidas  was  farmed  imd  executed  at 
a  time  when  it  was  understood  that  Spain  bad 
resolved  to  cede  them  to  the  United  States,  and 
tOEprevent  such  cession  from  taking  effect.  The 
whole  proceeding,  in  every  stage  and  circum- 
stance, was  unlawfui.  The  commission  to  Gen- 
eral McGregor  was  granted  at  Philadelphia,  in 
direct  violauon  of  a  positive  law ;  and  all  the  mea- 
sures pursued  under  it  by  him,  in  coUectii^  his 
force  and  directing  its  movemenu.  were  equally 
unlawfuL  With  the  conduct  of  these  persons  i 
^ve  always  been  unwilling  to  connect  any  of  the 
colonial  Governments,  because  I  never  could  be- 
lieve that  they  had  given  their  sanction  either  to 
the  project  in  its  origin,  or  to  the  measures  which 
were  pursued  in  the  execution  of  it»  These  doc- 
uments confirm  the  opinion  whick  I  have  invari- 
aUy  entertained  and  expressed  in  their  favor. 
JAMES  MON&OK 


Don  LuU  de  Onis  to  the  Seeretartf  of  State* 
Washington,  January  2, 1817. 

Sib  :  The  mischiefs  resulting  from  the  tolera- 
,tionof  the  armament  of  privateers  in  the  ports 
of  this  Union,  and  of  bringing  into  them,  with 
impunity,  the  plunder  made  by  these  privateers 
oa  the  Spanish  trade,  for  the  purpose  of  distribut- 
ingitaorang  those  merchants  who  have  no  scruple 
in  ewgifing  in  these  piracies,  have  risen  to  such 


a  height,  that  I  shonld  be  imnitng'  in  my  dttf  iA 
I  omitted  to  call  your  attention  ngnuito  this  wf^ 
important  subject. 

It  is  notorious  that,  although  the  speenhitiTn* 
system  of  fitting  out  privateers  and  potting'  thiealr 
under  a  foreign  Aae,  one  disavowed  br  aU  natioiiB^ 
for  the  pnniose  of  destroying  the  Spanish  edni- 
merce,  has  been  more  or  less  pnrMed  in  aU  thaf 
porta  of  the  Unionj  k  is^mere  eWbeeially  in  thoee 
of  New  Orleans  and  Baltimore,  wbere  the  greatest 
violations  of  the  respect  doe  to  a  friendly  nation, 
and,  if  I  may  sajjr  so,  of  that  due  to  themselvety^ 
have  been  committed:  whole  squadrons  of pfrates^ 
having  been  [fitted]  otft  from  thence,  in  violation 
of  the  solemn  treaty  exkting  between  the  two 
nations,  and  bringing  back  to  tliem^  thefmlts  of 
their  piracies,  without  being  yet  checked  in  theea 
courseft,  either  by  the  reclamations  I  have  made, 
those  of  His  Majesty's  consuls,  or  the  dedsiw 
and  judicious  orders  issued  by  the  Preddeat  for' 
that  purpose. 

The  American  jyrivateer  "  Swifl,''  whicb^  aa  i" 
mentioned  to  you  in  my  note  of  the  day  beAira' 
yesterday,  had  captured,  under  the  name  ot  tha' 
^'Moogore,''and  the  fiag  of  Bnenos  Aytes;tli« 
Spanish  pohiore  "  Pastora^''  just  arrived  sft  Nenr 
Bedford,  is  now  in  Baltimore  river;  andhet  cnpi^ 
tain,  James  Barnes,  who  has  so  soandalonsh'  vio*^ 
lated  the  laws  of  nations,  the  neutrality  or  Nita* 
Government,  and  the  existing  treaty,  has  had  thai 
elfront^y  to  make  a  regular  entry  ii  his  vessel 
at  the  custom-house  of  jBaltimore,  deolarinff  hiai 
cargo  to  consist  of  bales  and  packages  contaurinip 
sillu^  laces,  velvets,  and  other  vainable  artMee-^ 
all,  as  you  may  suppose,  plundered  fitm  tko 
Spaniards. 

The  thne^ma^ed  schooner  called  the  '*iatrepid,>*- 
lately  arrived  at  New  York  Uom  Montevideo,  is^ 
as  JElis  Majesty's  Consul  there  inA»raM  dte,  tho' 
Spanish  veesel  called  the  "  Leona.'' ci^itured  ofiP^ 
Cadiz  by  the  schooner  "  Orb,"  of  Baltimore,  wlK»sa 
armament  I  denounced  to  yon  at  the  time^  and 
communicated  the  positive  infbrmatien  1  bad  te^ 
oeived  that  her  object  was  to  cruise  agunst  tte 
subjects  of  the  King,  my  master*  This  pkana 
(for  that  is  the  name  by  which  both  nataone  hnvia 
agreed  to  consider  a  pnvateer  of  this  descvipiion^ 
was  armed  at  Baltimore^  manned  by  Mb)seta  or 
this  Republic,  and  commanded  by  a  Pormgaesu 
called  Almtyda,  an  American  citisen; 

The  schooner  <^Leona,"  now  at  New  York,  mv. 
der  the  name  of  the  *'Intrenid,''and  ostensibly? 
owned  bv  one  Mifflin,  at  Philadelpliia,  had  on 
board,  wnen  captured,  thirty  thousand  dollara  in 
specie,-  three  hundred  boxes  of  ragar.some  grain, 
with  other  property  belonging  to  Morenck  De 
Moro,  and  others,  merchants  at  Cadiz;  and  had 
a>  cargo  of  jerked  beef  and  other  article^  beioqgH 
ing,  as  I  have  heard,  to  the  merchants  m  Balu- 
more  who  furnished  the  iiinds  for  equipping  the 
"Qrb*" 

The  Consul  at  New  Oidaana  infbrma  me  that' 
the  pirate  Mitchell,  with  the  vessels  under  iiir 
command,  fitted  out  by  difierent  marohants  at 
that  port,  of  whom  a  Mr.  Dupuy  is  supposed  to 
be  tb^  principali  hM  Intely  taken  several  Spawch, 


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nrixes  to  Q«lTe$tooy  aod  that,  kom  the  prootedi 
3. their  sales,  he  has  remitted  to  the  laid  depu- 
ties one  handred  and  fire  thouiand  dollars,  wbieh 
he  has  deposited  in  the  Bank  of  Lonisiana,  after 
deducting  the  shares  of  the  captain  and  crew, 
amountiog.  as  is  supposed,  altogether,  to  two 
hundred  thousand  qollars.  The  same  Consul 
adds,  that  two  of  the  prizes,  one  from  Campeachy 
and  the  other  from  Qoatemala,  were  burnt,  and 
their  crews  landed  by  that  savage  monster  near 
BoqnUla  de  Piedras,  that  thev  might  be,  as  they 
actually  were,  put  to  death  by  his  great  friend 
VUiapinto,  a  noted  rebd  ringleader,  who,  being 
pursued  by  the  King's  troops^  had  retreated  to 
the  seashore  to  make  nis  escape.  Of  ninety  men, 
con^iKMiBg  these  crews,  only  nine  were  sared. 

The  Consul  at  Norfolk  informs  me  of  the  ar- 
rival there  of  a  privateer  schooner  from  Buenos 
Avresk  ose  of  several  fitted  out  at  Baltimore,  and 
wholly  owned  there ;  that,  from  what  he  has  been 
aUe  to  ascertain,  among  other  vessels,  she  plan- 
desed  a  Spanish  ship  Men  with  a  cargo  of  coehi* 
nea),  indigo,  and  mcie,  to  the  amount  of  more 
than  two  h  un&ed  thousand  dollars,  uid  proceeded 
to  Baltimore  to  divide  the  spoil  among  the  con* 
cemed.  The  said  Consul,  in  the  discharge  of  his 
dotv^  and  the  exeroise  of  his  rights,  addrewed  an 
anpUcation  to  the  collector  of  the  custotts,  (copy 
tf  which  is  annexed^  and  also  cMf  the  answer  of 
tie  oollector,)  by  which  vou  will  perceive  that 
he  declines  this  just  reclamation.  I  could  cite 
innumerable  other  cases,  as  well  attest^  as  those 
I  have  just  suted,  but  I  omit  them,  as  their  de- 
tail would  fatigue  you,  without  toiding  to  de- 
monstrate moreefifectoaily  that  they  proceed  from 
noiirobservance  by  the  officers  of  this  Qovera- 
ment  of  the  President's  proeiamation,  aad  of  the 
treaty  of  limiu  and  navigation  between  the  two 
Oovemments.  Although  His  Majesty  has  too 
much  confidence  in  the  rectitude  of  the  President 
to  doubt  that  due  compensation  will  be  made  for 
these  injuries  to  his  subjects,  on  the  same  princi- 
ples as  have  been  observed  bv  His  Majesty,  on 
other  occasions,  towards  the  United  States,  yet  I 
cannot  omit  requesting,  in  his  royal  name,  that, 
in  the  meanwhile,  the  President  may  be  author- 
ized to  uke  the  most  energetic  measures  required 
by  the  case,  to  put  an  end  to  these  practices^  and 
that  he  would  be  pleased  to  cause  the  vessels  I 
have  before  mentioned  to  be  confiscated,  together 
with  their  cargoes,  and  security  to  be  given  by 
Mr*  Dupuy  for  the  amount  of  his  deposite  in  the 
Bank  of  Louisiana,  as  being  the  proceeds  of  the 
Spanish  prizes  made  by  the  pirate  Mitchell;  an/ 
tha^  as  a  general  measure,  everv  privateer  corn- 
ins  into  these  ports  under  a  nag  not  acknow- 
ledged be  detained  and  sequestered,  to  be  made 
responsible  for  the  depredations  committed  by  it. 

1  trust  that  the  President  will  be  the  more  dis- 
posed to  accede  to  this  request,  as,  in  addition  to 
Its  justice,  it  is  strictly  conformable  to  his  friendly 
lentiments  towards  my  Sovereign,  and  the  hu- 
mane principles  by  which  he  is  characterized. 

I  renew  to  you  my  respects,  sir,  and  pray  God 
to  preserve  you  many  years, 

LUIS  DE  ONIS. 


rEnclosnre  in  Don  Luis  de  Dais's  letter  of  Jsnusiy 
2, 1817.] 

Spanish  Consul's  Opficb, 
Norfolk,  December  16, 1816. 
Sir:  On  seeing  an  armed  vessel  in  this  harbor, 
in  front  of  the  town,  displaying  a  ^Bg  unknown, 
to  me,  and,  I  will  venture  to  say,  unknown  to  the 
United  States,  and,  at  any  rate,  not  recognised  bv- 
them ;  and  there  being  no  doubt  that  this  vessel  la 
one  of  those  known  to  be  committing  great  depre- 
dations at  sea  on  the  Spanish  trade,  and  fre«* 
quently  also  on  ships  of  all  other  nations,  not  ez^ 
cepting  those  under  the  merchant  flag  of  these 
States,  I  have  thought  it  my  duty  to  apply  to  you^ . 
to  request  you  to  give  me  some  information  re* 
spec  tine  said  armed  vessel,  her  character  and 
nationality,  and  under  what  amhoritv  she  navi- 
gates the  seas  as  a  public  or  private  snip  of  war, 
who  commands  her,  and  how  she  is  manned,  ajid 
in  what  light  you  view  her  in  your  official  ca- 
pacity ? 

In  majdng  theee  inqnifies  of  you,  I  hope  that 
jrou  will  only  see  a  desire  on  my  part  to  acquire 
information  upon  a  question  of  vast  impor^aBce 
to  the  commerce  of  Spain,  as  it  affects  materially, 
the  safety  of  her  merchant  ships ;  whether  or  net 
those  sea  plunderers  are  to  fina  an  a^lum  in  the 
ports  of  the  United  States,  which  would  so  greatlf 
increase  the  means  of  carryini^  on  their  8peUa<> 
tions.    I  am  confident  that  it  is  not  the  wish  of 
this  Qovernment  to  a^ord  any  sort  of  proteetioai 
to  a  set  of  men  (for  the  most  part  foreigners  to 
the  country  they  pretend  to  serve)  who  avml 
themselves  of  the  disseiuions  which  uniWtttr- 
nateljr  prevail  between  Spain  and  seme  of  her 
colonies,  to  exercise  their  merciless  rapacity  upoA, 
the  inommsive  merchant  not  only  oT  Spain,  bntr 
in  manv  instances  of  otner  countries:  and  I  aa* 
too  well  acquainted  with  your  own  character  to 
suppose  that  you  would  be  inclined  to  favor  them*  j 
Indeed,  the  mtentions  and  good  disposition  of, 
this  Government  towards  Spain  are  rendere^Li 
manifest  in  the  President's  proclamation  of  the 
1st  September,  1815;  and  it  is  there  forbidden  ta« 
American  citizens  to  take  any  part  intheeoarv 
tentions  between  Spain  and  some  of  her  diatent 
possessions;  and  it  is  enjoined  on  all  offioeiSi 
civil  and  military^  under  the  Qovernment,  to  be 
vigilant  in  searching  out  and  bringing  to  pnnid^ 
ment  all  such  citizens  as  shall  act  contrarv  to  tha 
intent  of  said  proclamation;  and  there  being  a 
report  in  town  that  many  of  those  composing  the  • 
crew  of  the  vessel  in  question  are  Americanfi  I 
have  thought  it  necessary  to  call  your  attention, 
to  this  pointy  not  doubting  that  you  will  consider 
it  as  meriting  your  particular  examination.    I 
will  conclude  bv  availing  myself  of  this  opportur 
nity  to  assure  you  of  the  great  respect  with  which 
I  remain,  sir,  your  most  obedient  and  humble 
servant,  « 

ANTONIO  A.  VILLALOBOS. 

Charles  SL  Mallort,  l^sq,, 

CoUector  of  Nnfolk  and  PortiWHmth. 


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Mhg^  Anmment9^Amdia  ttiand. 


[▲N8WIR«] 

Collbctor'8  Ofpice, 
Norfolk,  December  16, 1816. 

Sie:  I  have  bad  the  hoDor  to  receive  your  note 
of  this  morniog.  Id  respect  to  the  vessel  which 
if  the  subject  of  it,  I  deem  it  ooljr  necessary  to 
remark,  that  she  is  recoffoised  in  this  office  id  no 
other  character  than  that  of  any  other  foreign 
Tcssel  in  our  waters  from  a  foreign  port;  that  my 
daty  does  not  require  of  me  to  request  her  flag, 
«o  far  as  to  make  it  a  criterion  or  condition  of 
her  admission  into  this  port ;  and  that  I  shall  take 
eare,  in  thi&  as  in  other  cases,  to  see  that  the 
laws  of  the  United  States  and  other  regulations 
of  the  Oovernment,  so  far  as  they  come  within 
the  sphere  of  my  authority,  be  duly  observed. 

I  reciprocate  the  sentiments  of  respect  you  ex- 
press for  me,  and  am,  dbc, 

CHARLES  K.  MALLORY. 

Don  Amtomio  Arootb  Yillalobos. 


Don  Luii  de  Onit  to  the  Secrdary  of  State. 
Wasbinoton,  Jan.  15, 1817. 
Sir  :  On  the  1st  instant  I  informed  jrou  of  the 
arrival,  at  New  Bedford,  of  the  Spanish  polacre 
^  Pastora,"  captured  by  the  American  privateer 
<*  Swift,''  under  the  name  of  the  ^^Monsore,"  and 
the  flag  of  Buenos  Ayres,  commanded  by  a  Cap- 
tain Barnes,  a  citizen  of  these  States.  Two  days 
afterwards  I  addreised  to  you  another  note,  sta- 
ting the  arrival,  in  the  rirer  and  port  of  Balti- 
more, of  the  said  privateer,  with  the  booty  pirati- 
cally plundered  from  the  subjects  of  the  King, 
my  master;  and  requesting  that  you  would  be 
pleased  to  obtain  of  the  President  such  orders  as 
would  most  effectually  insure  the  confiscation 
both  of  the  vessel  and  the  privateer,  that  they 


nets  that  has  prevented  your  answering  my  notes, 
y^  I  cannot  doubt  that  the  President  will  have 
gfven  the  orders  I  requested  in  them.  Notwith- 
atanding  this,  and  the  application  made  bv  His 
Majesty's  Consul  at  Baltimore,  in  the  discbarffe 
of  his  duty,  to  the  attorney  for  that  district,  (a 
copy  of  which  is  annexed.)  I  regret  to  announce 
to  you  that  the  collector  and  the  aforesaid  attor- 
ney have  thought  fit  to  allow  the  said  pirate  to 
depart;  and  that,  after  having  ascertained  that 
fact,  the  said  attorney  wrote  a  note  to  His  Majes- 
Pft  Consul,  (copy  of  which  is  enclosed,)  inviting 
him  to  call  at  his  house  to  confer  with  him  on 
the  subject  of  his  note. 

It  is  not  my  wish  to  trespass  on  your  attention 
with  the  reflections  that  are  naturally  produced 
by  such  notorious  proceedings,  npr  pointedly  to 
notice  the  incivility  of  the  attorney  for  that  State 
towards  a  Consul  of  my  nation ;  my  only  object  is 
to  bring  xo  your  view  what  has  occurred  in  the 
case  of  the  vessel  that,  by  eubmittinff  it  to  the 
Pr^ident,  he  may  be  convinced  that  the  injuries 
austained  by  the  King's  subjects  in  these  ports, 
by  tho  violation  of  the  eiisting  treaty  between 


the  two  nations,  which  has  the  force  of  a  law,  are 
daily  augmenting,  and  that,  the  more  they  are 
diff'ttsed.  the  more  difficult  will  it  be  hereafter  to 
adjust  tne  indemnities  due  to  His  Majesty's  sub- 
jects. 

I  trust,  sir,  that  you  will  onlv  see  in  the  step  I 
now  take  a  continued  proof  ot  my  desire  to  re- 
store that  good  understanding  and  sincere  sense 
of  justice  between  the  two  countries  which  form 
the  basis  of  real  harmony  in  every  society,  and 
that  you  will  therefore  be  induced  to  give  this 
subject  all  the  attention  due  to  its  importance. 

I  beg  leave  to  renew  the  assurances  of  my  per- 
fect respect,  and  pray  Qod  to  preserve  you  many 

^**"'  LUIS  DE  ONIS. 

Don  Iam  de  Onit  to  the  Secretary  qf  State. 
Washihotoh,  Jan.  16, 1817. 

Sir  :  I  have  just  received  information,  (rom  the 
King's  Consul  at  New  Orleans,  of  the  capture, 
within  sight  of  the  Belize  of  that  port,  and  at  little 
more  than  musket-shot  from  the  land,  of  the  Span- 
ish schooner  '^Hipolita,"  Captain  Don  Buenaven- 
tura March,  by  the  pirate  "Jupiter,"  under  the 
Margarita  flag.  To  enable  you  fully  to  judse  of 
the  atrociousness  of  this  capture,  manifestly  in 
violation  of  the  territory  of  the  United  States,  I 
have  the  honor  to  enclose  the  declaration  of  the 
captain  of  the  said  schooner,  made  before  His 
Majesty's  Consul  at  the  aforesaid  port ;  by  which 
it  appears  he  was  at  anchor  in  the  Pass  of  the 
Mississippi,  and  with  Pratigue^  from  the  Balize. 
on  board,  when  he  was  boarded  by  the  aforesaid 
pirate,  and  so  inhumanly  treated  by  him  as  to  be 
left  weltering  in  his  blood  on  the  deck. 

It  would  be  superfluous  to  affect  your  sensibility 
by  a  detail  of  the  multiplied  injuries  and  out- 
rages incessantly  sustained  by  His  Majesty's  suh- 
jects  in  these  ports;  they  have  already  been 
admitted  by  the  President  in  his  Message  to  Con* 
gress,  recommending  the  adoption  of  such  meas- 
ures as  in  their  wisdom  may  appear  best  calcu- 
lated to  repress  them;  thereby  offering  to  the 
King,  my  master,  a  pledge  that  his  Excellency 
admits  the  necessity  of  indemnifying  them  as  far- 
es possible.  It  is,  however,  with  great  reg^t  that 
I  have  to  remark  on  the  delay  in  carrying  such 
urg;ent  measures  into  execution,  and  that  the  in- 
juries complained  of  have  not  been  prevented  by 
a  due  observance  of  the  laws  of  nations  and  of 
yie  existing  treaty,  which,  by  the  Constituuon, 
has  the  force  of  a  law  in  all  the  courts,  in  conse- 

Suence  of  its  ratification  by  the  President  and 
enate. 

I  pray  you.  sir,  to  accept  the  assurances  of  my 
perfect  consiaeration. 
Qod  preserve  you  many  years. 

LUIS  DB  ONIS. 

Dm  Luis  de  Onii  to  the  Secretary  of  State. 
Washington,  Jan.  16, 1817. 
Sir  :  I  have  just  learned,  with  the  greatest 
satisfaction,  that  the  marshal  of  Baltimore  has 


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i90e 


dtspfttdkfid.a  ko^  with  a  picket  of  soldiers,  in 
minuit  of  the  pinua  Mongore,  which  has  been 
brenght  back  to  that  port,  in  coaformitv  to  the 
orders  which  I  had  flattered  myself  womd  bare 
been  isaaed  by  the  President.  I  shall  lose  ao  time 
VBL  givioff  an  account  to  His  Majesty  of  the 
friendly  dispositions  manifested  by  this  Gk>?ern- 
meat ;  and  add  the  hope  that  this  eridenee  of  it 
wiU  be  the  forerunner  of  sentiments  ealcoiated  to 
remoTC  erery  shadow  of  misaaderstaading  be- 
tween the  two  Qovernments. 
.  X  oSa  yon,  sir,  the  renewed  assurances,  ^., 
and  piay  Qod  to  preserre  you  many  years. 

.  LUIS  bk  ONIS. 

Mr.  OniitothcScereUaryofStait. 

FiBBUABT  10, 1817. 
Sm:  In  addition  to  the  schooner  Hipolita, 
which  I  informed  yon,  in  my  note  of  the  16th  of 
last  month,  had  been  captured  by  the  pirate  Ju- 
piter^  in  the  pass  of  the  Balize  of  New  Orleans, 
at  anchor,  within  musket-shot  of  the  land,  I  have 
just  receired  official  notice  of  the  capture,  by  the 
same  pirate,  of  the  Spanish  brig  called  "  Reyna 
da  los  Auffeles,"  proceeding  from  Campeachy. 
This  Tesselwas  also  at  anchor  in  the  Balize,  very 
near  the  land,  and  with  the  pilot  on  board  to  as- 
cend the  river  \  but  no  consideration  was  suffi- 
cient to  restrain  that  pirate  in  his  injustice.  I 
am  informed  that  Commodore  Patterson,  in  con- 
sequence of  the  reclamation  made  by  the  Coosui 
of  Hia  Majesty  in  the  said  port,  has  despatched 
a  vessel  in  pursuit  of  her,  and  there  are  app«ir- 
ances  that  he  will  succeed  in  rescuing  the  prizes, 
and  placing  them  at  the  disposition  of  their  own- 
ers ;  but  vou  cannot  but  know  that,  if  the  perpe- 
tration or  this  crime  go  unpunished,  as  has  been 
the  case  on  other  occasions,  or  if  their  escape  be 
permitted,  as  has  happened  in  Baltimore  with  the 
captain  and  crew  of  the  pirate  Mongore,  neither 
the  vasaals  of  His  Majesty  will  be  able  to  obtain 
the  evidence  which  might  be  drawn  from  their 
declarations,  in  order  to  reclaim  their  property, 
nor  the  crimes  discovered  that  they  may  have 
committed,  nor  the  number  of  these  robbers  be 
diminished,  who  so  highly  compromit  the  neu- 
trality of  the  Government,  robbing,  indiscrimi- 
nately, the  vessels  of  all  nations,  confident  that 
all  the  harm  that  can  happen  to  them  is,  that 
they  should  be  deprived  of  some  of  the  proceeds 
of  their  piracies. 

In  proof  of  the  solidity  of  these  assertions,  I 
ought  to  add  that,  at  the  time  these  captures  took 
place  at  New  Orleans,  in  violation  of  the  terri- 
tory of  this  Republic,  General  Hubbert,  the  chief 
of  a  band  of  robbers,  armed  and  equipped  in  the 
province  of  Louisiana,  who  had  occupied  GaN 
vestoDj  had  arrived  at  New  Orleans  to  solicit 
,  nrovisions  and  munitions  for  that  establishment. 
Not  only  have  they  been  sent  under  the  Ameri- 
can flag,  but  the  agent  (Mr.  de  Souvinet)  has 
bought  a  brig  with  the  products  of  the  robberies 
of  these  pirates,  which  are  now  deposited  in  the 
Bank  of  Louisiana,  amouating  to  $180,000,  as 
you  will  see  by  the  annexed  paragraph  of  the 


Gazette  of  New  Orleans;  Kiid  this  vessel  is  pre- 
paring to  carry  more  provisions  and  munitions 
to  that  establishment,  and  to  take  back  to  the 
United  States  the  spoils  of  the  Spaniards,  which 
are  not  considered  secure  in  that  place. 

In  the  port  of  Baltimore,  the  brig  Peace,  (Paz.) 
mounting  sixteen  guns,  commanded  by  Captain 
Stafford,  well  known  for  havine  before  command- 
ed the  privateer  schooner  Maria,  which  was  con- 
fiscated in  Port  an  Prince,  has  been  lately  bought 
for  the  purpose  of  cruising  aninst  the  Spanish 
commerce.  According  to  iniormation  wnich  I 
have  received,  the  brig  called  the  Fourth  of  July 
has  gone  out  of  that  port  with  the  same  object, 
commanded  bv  Captain  Watkins,  and  armed  by 
order  of  the  famous  Thomas  Taylor,  Commis- 
sioner of  Buenos  Avres ;  finally,  schooner  Romp, 
whose  outrages  and  piracies  are  of  public  notori- 
ety, has  again  sailed  for  Norfolk,  with  the  design 
of  equip|)ing  there,  to  proceed  again  on  her  cruise. 

I  consider  it  my  dut^  to  make  you  acquainted 
with  all  these  acts,  which  are  in  manifest  contra- 
vention of  the  treaty  existing  between  the  two 
nations,  to  the  end  that  the  President,  giring 
them  the  consideration  which  they  deserre,  may 
issue  the  orders  that  mfiy  appear  to  him  best 
adapted  to  restrain  them,  until  Congress  deter- 
mines to  destrov  them  at  the  root,  whereby  the 
commerce  of  all  nations  may  be  secure. 
I  renew,  Ac.  ~ 

LUIS  DE  ONIS. 

Mr.  OnU  to  the  Secretary  ofStaU* 

Wabbimowov^  Feb.  11,  liU7. 

Sir:  When  I  had  the  honor  to  eommuoteaia 
to  you  that,  in  virtue  of  the  orders  which  the 
President  had  sent  to  the  mnrshal  at  Baltimore^ 
the  pirate  Mongore  had  been  detained  and  em- 
bargoed in  that  port,  I  had  a  right  to  believe  that 
the  marshal,  as  well  as  the  attorney  of  the  Uni- 
ted States,  would  have  caused  the  captain  and 
crew  to  be  immediately  arrested,  to  take  from 
them  the  declaratioas  which  public  Tengeaaea 
and  the  interests  of  Spain,  as  well  a«  of  this  Qot' 
ernment,  required,  to  asceruin  the  names  of  the 
vessels  plundered  by  that  pirate,  the  depository 
of  the  efifects.  and  the  fate  of  the  Spanish  crews. 

Tou  may  consider  what  was  my  surprise  on 
receiving  positive  information  that  the  marshal 
has  liberated  the  captain  and  crew  of  that  pirate ; 
that  he  has  not  proceeded  to  take  from  them  aay 
deelaration;  and  has  even  permitted  that  tlie 
Mongtore  should  go  to  sea  again,  under  bond,  to 
commit  her  piracies.  The  said  vessel  is  yet  ia 
the  river,  stopped  by  the  ice.  and  her  captaia 
(Barnes)  very  tranquil  in  his  house,  occupied  in 
taking  out  of  it,  publicly,  the  effects  plundered 
by  him,  which,  it  {§  calculated,  exceed  eighty 
thousand  dollars  in  value,  without  any  impedt- 
DMttt  being  put  to  his  proceedings  by  the  author- 
itiea  at  Butlmore. 

It  is  extremely  painful  to  me  to  interrupt  your 
attention  so  often,  on  such  unpleasant  subjecta; 
but  I  should  be  wanting  in  my  duty  if  I  should 
delay  to  inform  this  Government  of  the  maaaer 


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iA  whidi  tb«  oidefft^  the  PreBi4§«t  are  eluded 
in  Baltimofe,ui  order  toiieap  ii^wry  apea  iigiiry 
on  a  friendly  nation,  and  promote  tne  reiroloiioa 
of  it»  provinces.  In  rain  will  it  be  alleged^  ib 
order  to  eo?er  this  proeeeding,  that  the  laws  are 
not  svfficientto  pursue,  wit^Hit  a  positive  e?i- 
oence,  those  citizens  who  oonunit  hostilities 
againet  Spain*  The  treaty  which  exists  between 
the  two  nations  is  a  lew  of  the  Republie ;  and  no 
tribunal  can  decline  its  observmnee.  The  proofs 
of  iu  infraction  cannot  be  more  manifest  or  de** 
cisive.  The  SfMinish  schooner  captured  b]p  this 
same  vesseJ,  which  is  permitted  to  so  out  to  sea, 
is  now  in  a  port  of  this  Union  ;  the  effects  on 
board  of  the  one  and  the  other  belonging  to  the 
King's  vassals.  The  seamen,  the  kig^book  of  the 
re^pictive  vessels,  and  the  captain  himself,  ought 
to  give  all  the  evidence  that  justice  requires  to 
Vdecide.  If  these  aflre<not  examined,  on  the  equiv- 
ocal i>retext  that  they  cannot  be  found,  or  that 
there  is  no  evidence  for  proceeding  againet  them, 
the  consequence  will  be  the  continuation  of  an 
organized  piracy  for  the  robbery  of  all  nations, 
that  public  vengeance  wiU  remain  unsatisfied, 
anrt  huoianity  exposed  to  all  the  horrors  of  such 
highway  robbers. 

1  cannot  do  less  than  repeat  my  solicitations  to 
the  President,  in  the  name  of  the  King,  my  mas- 
ter, that  the  corsair  Mongore  may  be  seemed  $ 
that  the  effects  found  on  board  may  be  deposited, 
as  weU  us  those  which  may  have  been  already 
discharged  from  her ;  that  tbe  papers  on  board 
be  examined,  as  well  as  the  journals,  crew,  and 
captain ;  an^  that  it  be  proposed  to  make  all  the 
iuTCStigatione  that  wdum,  under  similar  circum- 
siaMes^  be  made  in  Spain,  if  a  like  case  should 
oeenr  to  the  United  States,  in  order  to  remedy 
the  damages  and  prevent  their  repetition. 

I  flatler  myaelf  that  you  cannot  fail  to  find  my 
sdidtode  just,  and  that  the  President  willaecade 
the  woce  cheerfully  to  it,  as  it  is  agreeable  to 
the:  sestimente  of  humanity  and  impartiality 
w^h  charaoteriie  him,  and  to  the  desire  which 
he  has  manifested  to  me  to  strengthen  the  bonds 
of  friendship  with  my  Sovereign.  I  renew,  dbe. 
LUIS  DB  ONIS. 

The  Minuter  of  Spain  to  the  Seeretarjf  of  State, 
WAaaimiTON,  Feb.  12, 1817. 

Sib:  After  my  official  letters  of  the  10th  and 
11th  of  this  month  were  wriueuj  I  received  ad* 
vice  from  Baltimore  that  Captain  John  Chase 
was  now  there,  and  that  it  was  understood  that 
he  had  left  the  command  of  the  privateer  Potosi, 
(o^MWtbe  Spartan,  of  Baltimore,)  and  likewise 
that  there  were  in  that  city  more  than  thirty 
officers  and  sailors  who  had  belonged  to  the  said: 
privateer,  and  who  had  come  there  for  the  pur- 
pose of  claiming  from  the  said  Chase  their  portion 
of  the  prize  money  from  the  Spanish  ship  ^Ciei^ 
cia,"  of  which  they  had  taken  possnsuMi  at  sea, 
m  the  manner  you  will  see  detailed  in  the  decla- 
rations of  four  of  the  sailors  of  the  said  privateer, 
«^Hes  of  which  are  enclosed. 

This,  withqut  doubti  is  a  case  which  metiisall 


yourattentionyaait  is  prevea,  is  thamost^puel*'.' 
live  manner,  that  a  corttda  moafaer  of  Amerieaaf 
citizens  had  armed  and  equipped  a  vessel  iaBaU* 
timore^  had  gone  to  sea  in  hiiri  and  ba4  oemiut^ 
ted  an  act  ofbostility  against  Spain,  contrary  to* 
the  laws  of  oKtions^  and  in  violation  of  thefoaivi 
teenth  and  of  other  articles  of  the  treaty  esistiBg' 
between  the  two  mitlons ;  thus*  eonpromittinf 
the  dignity  of  the  UMted  States^  who  caonol  birtf 
disapprove  such  conduct,  and  violating  the  rights 
of  the  King,  my  master. 

The  Consul  of  His  Msjesty  in  Baltimote  has, 
without  loss  of  timej  proceeded  jndieiaUy  i^inst- 
the  befope^mentioned  John  Chase,  by  soliciting 
his  arrest;  and  at  the  same  time  is  taking  meas- 
ures to  attach,  in  the  hands  of  Mr.  Didier,  mer- 
chant, of  Baltimore,  twenty  odd  thousand  dollars, 
which  it  is  known  he  has  received  from  the  said 
prixe;  but  I  see  at  once  that  all  the  efforts  of  the 
Ceasul  will  be  in  Tain,  unless  this  Gfovermaenr 
interpose  all  their  authority,  by  giving  the  proper' 
orders  for  vindicating  their  own  dignity,  which' 
has  been  eompremitted  by  the  atrocious  cooducr' 
of  these  bad  citizens.  I  do  not  deem  it  necessary, 
to  repeat  to  you  the  many  observations  I  have 
had  the  honor  to  make  to  you,  upon  various  oo^- 
casions,  on  oceurrenees  of  this  kind ;  and  I  tliere* 
fore  limit  myself  to  asking  of  you  to  commimi*' 
cate  this  ease  to  the  President,  who,  I  ought  to 
expect^  will  take  such  measures  as  he  may  think 
bestavapted  to  the  correction  of  this  disorder, 
and  for  doing  justioe  te  the  aggrieved  party. 

I  renew  to  you  my  respects,  and  pray  God^o 
preserve  you  many  years. 

LUIS  DB  ONIS. 

Den  Luu  de  Onie  to  the  Seeretmrg  of  State. 
IV^ABHiNGTON,  Feb.  22. 1817. 

Sin :  In  confirmatioa  of  what  I  had  tne  honor 
to  state  in  my  note  to  you  of  the  12th  instant^  1] 
now  enclose  a  list  of  the  articles  which  Mr.  Hen- 
rv  Didier,  a  merchant  of  Baltimore,  has  landed 
there,  under  the  usual  forms  of  the  costom*houae, , 
from  on  board  the  American  schooner  ^  Remit- 
tance." Captain  James  Rogers,  from  Aux  Cayesi' 
they  being  the  same  whi(3^  had  been  plundered.  ^ 
from  the  Spanish  ship  *<Ciencia"  by,the  privateer 
^otosi,'*  Captain  James  Chase,  by  whom  they ' 
were  transhipped  on  board  the  said  schooner,  and 
consigned  to  the  above  mentioned  Didier. 

In  consideration  of  these  proofs,  I  trust  that 
you  will  be  pleased  to  obtain  from  the  President 
the  necessary  order  to  effect  the  deliverer  or  se* 
curity  of  this  property,  for  the  benefit  of  lU  law- 
ful owners ;  and  that  you  lyill  have  the  goodness 
to  advise  me  of  the  same  for  my  government. 

I  renew  to  you  my  respects,  and  pray  God  to 
preserve  you  many  years. 

LUIS  DE  ONIS.    ' 


Don  Ime  de  Qnis  to  the  Searetaty  i^ 

WAaHiNQTOif,  i%6.  28, 1817. 

Sin :  The  session  of  Congress  being  withia 
two  days  of  closing)  and  the  Senate  net  having 
given  iu  aasent  to  the  bill  pasaed  by  the  House  of-. 


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lUfMMnlitiiff  fo  tht  pmtfw^  of  pattingia  stop 
taihe  afmameDU  making  in  difierent  parta  of  the 
Qaion,  ia  Tioladoo  of  the  laws  of  nations  and  of 
the  tvaatyezisa'ng  between  His  Catholic  Majesty, 
and  this  Repablic,  I  have  considered  it  my  duty 
to  represent  to  yon  the  in^ories  resulting  from 
lUs  dclairto  Bpaiui  and  ukewise  to  all  the  na- 
tions of  Borope ;  to  the  end  that,  if  the  President 
8Ma  fit,  he  may  be  pleased  to  cause  this  subject 
to  he  taken  into  serious  consideration^ 

I  renew  to  you  my  respects,  and  pray  God  to 
pftsenre  you  many  years* 

LUIS  DE  ONIS. 

DiM  JM$  de  <hn$to  the  AOktg  Seeteiaty  <ff  State: 

WAMmnaroVf  March  11, 1817. 

8m:  In  an  <^cial  letter. imder  date  of  the  11th 
of  last  month,  which  I  had  the  honor  to  direct  to 
tho  Sacietary  of  State,  I  represented  to  this  Got* 
euuiient  that,  contrary  to  my  expectation,  I  had 
just  reeeifed  positive  infbrmation  that  the  mar- 
shal at  Baltimore  had  left  at  liberty  the  captain 
md  erew  of  the  pirate  ''Mongore,"  and  had  even 
permitted  her  to  go  to  sea  to  renew  her  excesses, 
without  having  even  so  much  as  taken  their  deo- 
lafmlioDs,  which  the  publio  vengeance  and  the 
Intereats  of  both  Governments  demanded ;  I  dwelt 
on  the  ffoat  indies  which  would  follow  to  mv 
aatioD  mm  the  impunity  and  toleration  which 
theae  highway  robbers  met  with  in  this  country^ 
and  roqnested  that  the  President  would  give  the 
oorreapondent  direotions  for  preventing  this  in-^ 
jury. 

1b  iM  ofittal Jetter  of  the  12th  of  the  same 
month  I  took  occasion  af^n  to  call  the  attention 
of  this  Gk»vernment  to  the  same  subject,  though 
in  a  i^fl^at  case,  in  consequence  of  having  re- 
ceived adWoe  tiuit  Captain  John  Chase,  who 
CMHttanded  the  privateer  'Totosi,"  aliat  the 
$yartan,  of  Baltimore,  and  more  than  thirty  per- 
sona beloi^ng  to  her  orew^  had  arrived  at  fialti- 
mofe^  of  whom  four  had  ^ven  v^ry  detailed  dec- 
larationa  respecting  the  capture  of  the  Spanish 
vetael  the  ^Cieneia,"  of  her  halting  place,  and  of 
the  fYisteaoe  in  Baltimore^  in  the  nossesaion  of 
Mr*  Henry  Didier,  [of  articles}  to  the  amount  of 
i»ore  than  $20,000;  and  requested  that  toe  Gov- 
•noMAt  irould  interpose  its  authority  to  Aive 
coeei  to  the  proseoution  which  the  Consul  ofJEIie 
ILijasty  had  set  on  foot  against  the  person  of 
Ciiase^  and  [to]  the  legal  proceedings  under  which 
he  has  snceeeded  in  attachiag,  in  the  hands  of 
Bir.  Didier,,  the  said  interests;  and,  under  date  of 
the  28d  of  same  month,  I  enclosed  a  list  of  these 
cftcts,  which  were  in  the  hands  of  Mr.  Didier. 

I  have  not,  as  yet,  bad  the  honor  to  receive  an 
answer  to  any  of  the  above  mentioned  notes ;  and 
I  have  jttst  understood  that  the  authorities  at 
Baltinore,  contemning  the  evidence  of  the  four 
witnessee  who  had  presented  themselves,  and  the 
entry  in  the  custom-house,  in  the  name  of  Di- 
dier, of  the  effects  robbed  from  the  Spanisl^  have 
permitted  the  said  Captain  Chase  to  go  very 
tianquilly  to  Norfolk,  to  enjoy  the  fVuiu  of  his 
itpjeedattona;  that,  with  universal  scandal,  and 


notwithstanding  the  character  of  Captain  Barnea, 
as  a  pirate,  was  established  by  the  decision  of  the 
court  of  the  United  States  in  Boston,  which  had 
declared  as  illegitimate  his  prize^  the  Spanish 
schooner  "Pastora,"  and  ordered  that  she  should 
be  restored  to  her  owners,  he  has  sailed  from. 
Baltimore,  with  his  privateer  *^Mongore,"  as  soon 
as  the  ice  permitted,  and  gone  down  the  bay,  to 
go  to  sea,  to  repeat  his  cruelties,  without  its  nav^ 
ing  been  possible  for  the  Consul  of  the  King  to 
get  the  declaration  of  Barnes  and  his  people  tflUcen 
as  to  what  had  been  the  lot  of  the  crews  of  the 
Spanish  vessels  which  they  had  captured ;  dec- 
larations which,  not  only  by  the  laws  of  nations, 
but  by  the  more  sacred  law  of  humanity,  should 
have  been  talfen,  considering  the  vehement  and 
well-founded  suspicions  there  were  that  they  had 
assassinated  all  the  individuals  who  had  had  the. 
misfortune  to  Ml  into  their  hands. 

The  cottsidevationj  then,  of  the  excesses  com- 
miHed  agntaat  theeiibjects  of  the  King^  my  mas- 
ter, and  of  those  which,  from  the  iiD|>unity  and 
toleration  on  the  part  of  the  authorities  of  thisi 
country,  are  in  a  state  to  be  repeated,  with  vessels 
purchased,  armed,  manned,  and  equipped  in  the 
ports  of  these  States^  contrary  to  all  the  laws  of, 
nfttioBs^  to  the  express  stipulations  of  the  treaty, 
which  exists  between  the  two  oountides,  and  to 
the  laws  of  humanity  itself,  I  cannot  do  less,  in 
disehars^ng  my  obligation,  than  to  represent  and* 
reclaim,  in  the  name  of  my  Spvereign,  the  danub* 
ges  and  injuries  which  have  rcMUtedt  and  may 
heieaf ter  resuk,  to  his  sobiects^  and  to  prote^ 
ajgninst  the  authors  of  all  of  them.  At  the  same, 
time  I  cannot  omit  to  beg  you.  with  eamesuieiSi 
to  bejploased  to  inform  die  of  toe  measures  which> 
this  Government  may  hav«  taken  for  the  purpose 
of  having  reetoied  to  the  Spanish  owners  the 
eficcts  Of  which  they  have  been  robbed,  and  also 
to  ascertain  the  fate  of  the  unfortunate  crewa  of 
the  Spanish  veesels  which  have  been  captured 
and  destroyed  by  the  two  pirates  above  mention^ 
ed,  as  likewise  by  the  other  two,  called  the  Orb 
and  the  Romp^  that  were  in  like  manner,  armed, 
iu  Baltimore. 

I  hope  you  will  have  the  ooedness  to  give  mo 
the  information  I  ask,  that  I  may  bring  it  to  the 
knowledge  of  the  King,  my  master. 
I  renew  to  you  my  respects,  dbc. 

LUIS  DB  ONIS. 

DmLtdeik  OnU  to  the  BdetMty  cf  8m6. 
Washxnqtow,  March  16, 1817. 

Sib  :  I  had  the  honor  to  receive  your  note  of. 
the  13th  instant,  in  which,  by  order  of  the  Presi- 
dent, you  enclose  a  copy  ot  the  act  passed  by  Con- 
gress on  the  3d,  entitled  "An  act  more  effectually 
to  preserve  the  neutral  relations  of  the  United 
StoUs,"  by  which  the  President  trusu  that  my 
Government  will  perceive  a  new  proof  on  the 
part  of  the  United  States  of  a  desire  to  cultivate 
just  and  friendly  dispositions  towards  Spain. 

I  cannot  but  be  highly  gratified  by  all  those 
occasions  on  which  the  Government  of  these 
States  manifests  a  disposition  corjresponding  with 


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that  entertained  by  the  King,  mv  master,  to  main* 
tain  and  strengthen  the  amieaole  relations  sab- 
fisting  between  the  two  nations ;  and  I  therefore 
hope  that  the  President  will  cause  the  most  effec- 
taai  measures  to  be  taken  to  enforce  an  observ- 
ance of  this  law  by  the  officers  of  this  Govern- 
ment, with  greater  exactness  than  has  hitherto 
been  paid  to  the  existing  laws,  and  to  the  express 
stipulations  of  the  present  treaty  between  the  two 
nations. 

I  shall  embrace  the  first  opportunity  to  trans- 
mit a  copy  of  this  act  to  my  Court,  for  the  infor- 
mation of  my  Sovereign  \  and,  with  renewed  as- 
surances of  my  respects,  I  pray  Qod  to  preserve 
you  many  years. 

LUIS  DE  ONIS. 

Den  IaUm  dc  OnU  to  the  Seeniary  of  State. 
Washinoton,  March  26, 1817. 

Bib  :  I  have  just  been  informed  that  there  have 
entered  at  Norfolk  two  pirates,  under  the  flag  of 
Buenos  Ayres.  the  principal  of  which  is  called 
the '"  Independeneia  del  Sud,''  armed  with  six- 
teen guns  and  one  hundred  and  fifcv  men.  Her 
eaptam  i^  the  well-known  pirate,  called  Commo- 
dore Chay  tor.  The  second  is  the  schooner  "Romp/' 
which,  to  enter  that  port,  has  her  name  changed 
to  that  of  '^Altavela.''  She  has  a  crew  of  seventy 
men,  and  appeared  to  be  commanded  by  a  person 
called  Qrennolds.  Both  vessels  were  built  and 
fitted  out  at  Baltimore ;  belong  to  citizens  of  that 
place,  and  others  in  this  Republic;  and  their 
crews  and  captains  are  of  the  same.  Their  en- 
trance into  Norfolk  has  been  public,  to  revictual 
and  return  to  their  cruise  agamst  the  subiects  of 
the  King,  my  master;  but  their  principal  object 
is  to  place  in  safety  the  fruits  of  their  piracies, 
which  must  be  of  great  importance,  if  we  attend 
to  the  information  from  Havana,  which  states 
that  they  have  robbed  a  single  Spanish  vessel 
coming  from  Vera  Cruz  of  ninety  thousand  dol- 
lars; and  to  the  fact  that,  on  the  21st  of  the  pres- 
ent month,  they  had  deposited  sixty  thousand 
dollars  in  the  Bank  of  Norfolk,  had  landed  a  num- 
ber of  packages  of  cochineal,  and  had  declared 
that  they  had  taken  to  the  amount  of  two  hun- 
dred and  ninety  thousand  dollars.  I  am  informed 
that  the  person  called  Commodore  Chaytor  was 
about  to  set  out  for  Baltimore,  probably  to  settle 
accounts  and  divide  his  robberies  with  the  per- 
aons  interested  in  the  outfit.  It  is  a  cirourasunce 
worthy  of  remark,  that  these  two  pirates  saluted 
the  fort  at  Norfolk,  and  that  it  returned  the  salute 
upon  the  same  terms  as  would  have  been  done 
with  a  vessel  of  war  of  my  Sovereign,  or  of  any 
other  nation  acknowledged  by  all  independent 
Powers. 

It  would  be  superfluous  to  take  up  much  time 
in  representing  to  you  how  sensitive  my  Sover- 
eign, and  likewise  all  maritime  nations,  must  be, 
CO  see  that  their  flags  are  treated  on  an  equality 
with  pirates  in  the  territory  of  this  Union.  So 
obvious  a  reflection  cannot  be  withheld  from  your 
knowledge  and  that  of  the  President.  I  there- 
fore do  not  doubt,  that  if  (as  I  persuade  myself) 


there  has  been  a  mistake  in  the  honors  paid  to 
these  pirates,  you  will  be  pleased  to  diaapprore 
the  conduct  of  the  commander  of  the  fort,  and 

?[ive  suitable  orders  to  prevent  its  happening  in 
uture. 

At  the  same  time  that  I  expect  this  measure 
fr^mi  the  justice  of  the  President.  I  claim,  in  the 
name  of  the  King,  my  master,  that  all  steps  be 
taken  for  the  arrest  of  these  pirates,  whether  ther 
be  at  Norfolk,  or  that  they  repair  (as  is  probaUe) 
to.  Baltimore,  where  their  principal  assoeiatea 
are :  that  they  be  proceeded  against,  according 
to  the  act  of  Congress  of  the  Sid  instant  and  to 
the  stipulations  of  the  treaty  between  His  Majesty 
and  this  Republic ;  that  legal  means  be  taken  to 
ascertain  all  the  captures  made  by  them  during 
their  cruise^  the  fate  of  the  Spanish  crews  that 
have  Allien  into  their  hands,  and  the  place  of  de- 
posite  of  the  property  taken  from  on  board  them, 
m  order  that,  by  attaching  the  same  by  the  com* 
petent  tribunals,  it  may  be  held  for  the  disposal 
of  the  owners  who  may  prove  their  property. 

This  request  being,  moreover,  founded  in  jus- 
tice, is  supported  by  the  friendly  sentiments  of 
this  Government  towards  His  Catholic  Majesty, 
by  the  assurances  which  the  President  has  given 
to  me  of  his  sincere  desire  to  put  an  end  to  a  pi- 
racy which,  although  in  opposition  to  the  senti- 
ments of  the  Administration,  highly  compromits 
the  dignity  and  character  of  a  people  distinguish- 
ed for  their  rectitude,  morality,  and  refined  virtue. 
I  therefore  cannot  but  confidently  hope  thait  yoa 
will  enable  me  to  inform  my  Government  of  the 
measures  which  may  be  Uken  in  this  matter. 
LUIS  DB  OIII8. 


Don  Ia$U  Dc  Onis  to  ike  Seeretary  of  Stmte. 
March  16, 1817. 
Sir:  The  pirate  Orb,  fitted  out  at  Baltimore, 
under  the  name  of  the  "  Congreso,''  and  flag  of 
Buenos  Ayres,  commanded  bv  Josgph  Almeyda, 
a  Portuguese,  and  a  citizen  ot  this  RepnUfc,  hac 
had  the  audacity  to  return  and  enter  the  uM 
port,  there  to  deposite  a  part  of  his  robberies. 
The  piratical  character  of  this  vessel  is  as  fViIly 
acknowledged,  as  it  is  proved  that  she  was  artned 
and  manuMl  with  people  of  this  country  and  of 
others  in  the  above  mentioned  port;  and  that  she 
had  made  difierent  prizes  in  the  neighborhood  of 
Cadiz  and  other  points,  since  there  now  is  in  the 
port  of  New  York  the  Spanish  polaere,  the 
"  Leoda,"  captured  by  her,  whose  cargo,  consist- 
ing of  two  hundred  thousand  dollars,  ia  conceal- 
ed— where,  it  is  not  known ;  and  in  the  same  port 
of  Baltimore  there  are  deposited  the  proceeds  of 
the  Spanish  brig  "  Sereno"  and  her  cargo,  cap- 
tured by  the  same  vessel.  No  evidence  can,  la 
my  judgment,  be  ofiered,  which  gives  j[reafer 
certainty  to  facts  so  notorious.  If,  by  chance^ 
anything  could  be  added  thereto,  it  would  be  the 
acknowledgment  of  their  atrocities.  Neverthe- 
less, I  have  the  mortification  to  say,  that  neither 
this  notoriety  nor  the  reclamations  of  His  Majes- 
ty's Consul  at  that  port  have  as'  vet  been  suA- 
cient  to  produce  those  steps  which  rtc  rcqttii#d 


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Jjy[|Hf 


bf  humaokf,  to  seeiira  the  penon  of  this  note- 
rious  pirate^  to  tike  the  deelantioos  of  the  crew, 
and  to  prevent  their  entoyiof  their  plunder  to  the 
prejodice  of  the  kwfal  owners. 

I  think  it  my  dalf  to  bring  this  incident  .to 
your  knowledM,  and  I  donbt  not  that  the  Presi- 
dent when  informed  thereof  by  you,  wili  take  it 
into  the  serious  consideration  which  it  merits, 
and  giro  the  most  positiFe  orders  that  a  suit  be 
instituted  affainst  this  pirate,  that  an  attachment 
be  laid  on  M  his  property  and  funds  wheresoerer 
they,  may  be  ptaced  throughout  this  Republic, 
and  that  they  be  held  at  the  disposal  or  those 
owners  who  may  prove  their  property. 

As  I  propoae  to  despatch  a  messenger  in  a  few 
days  to  my  Gtovemment,  and  it  will  be  very 
agreeable  to  roe  to  give  to  His  Majesty  an  assu- 
rance that  the  United  States  are  seriously  dispos- 
ed to.  pot  an  end  to  the  injuries  resulting  to  Spain 
from  the  non-obserrance  of  the  treaty^  between 
the  two  nations,  I  will  thank  you  to  inform  me 
asspeedilj  as  possible  of  the  measures  which  may 
be  taken  m  this  case,  and  in  that  on  which  I  ad- 
dresayen  in  a  separate  despatch  of  this  date. 
LUIS  DE  ONIS. 

DSPARTMINT  or  StATI, 

March  28, 1817. 

Sir  :  I  have  had  the  honor  receive  your  two 
Aotes,  dated  the  26th  of  this  month,  stating  that 
yoa  have  been  informed  that  two  armed  vessels, 
which,  have  been  committing  unauthorized  de- 
predations upon  the  commerce  of  Spaii^,  have 
recenily  arrived  at  Norfolk,  and  that  a  third,  lia- 
ble to  the  same  charges  has  arrived  at  Baltimore ; 
thus  bringing  themselves  within  the  reach  of 
those  laws  against  which,  in  the  above  and  in 
other  ways^  it  is  alleged  they  have  oieoded. 

Conformably  to  the  constant  desire  of  this  Gov- 
ernment to  vindicate  the  authoritv  of  its  laws  and 
th«  faith  of  its  treaties,  I  have  lost  no  time  in 
wfitittg  to  the  proper  officers,  both  at  Norfolk 
and  Baltimore,  in  order  that  full  inquiry  may  be 
VMide  into  the  allegations  contained  in  your  notes, 
and  adequate  redress  and  punishments  enforced, 
ahoold  it  appear  that  the  laws  have  been  infringed 
by  any  of  the  acu  coaipiained  of. 

I  use  the  prenot  occasion  to  acknowledge  also 
the  receipt  of  your  nolo  of  the  14th  of  this  month, 
whidk  you  did  me  the  honor  to  address  to  me, 
oommiMiieatiMP  information  that  had  reached  you 
of  other  and  like  infractions  of  our  laws  within 
tha  port  of  Baltiaiore;  in  rektion  to  which  I 
have  to  state,  that  letters  were  alao  writteu  lo  the 
proper  elBcers  in  that  city,  with  a  view  to  pro- 
mote every  fit  measure  or  investigation  and  re- 
dress. Should  it  prove  necessary,  I  will  have 
the  honor  to  address  you  more  fully  at  another 
time  upon  the  subjects  embraced  in  these  several 
notes.  In  the  meantime,  I  venture  to  assure  my- 
aell^  that,  in  the  readiueas  with  which  they  have 
thus  far  been  attended  to,  yon  will  perceive  a 
spirit  of  just  oonciiiatien  on  the  part  or  this  Gov- 
anuntRt,  aa  well  as  a  prompc  sensibtlity  to  the 
ffighia  of  poor  savereiga* 


I  pray  you,  sir,  to  accept  the  assurances  of  my 
distinguished  consideration  and  respect. 

RICHARD  RUSH. 
The  CuBVALiaR  db  Oris. 

Don  Lcits  dc  OnU  to  the  Acting  Secretary  of  State. 

Washinoton,  March  29, 1817. 
Sir:  By  your  note  of  yesterday  I  am  apprized 
that  the  President,  on  being  informed  by  the  notes 
to  which  you  have  replied  of  the  audacity  with 
which  the  pirates  armed  in  this  country  intro- 
duce into  it  the  fruits  of  their  robberies,  has  been 
pleased  to  give  suitable  orders  to  the  authorities 
at  Norfolk  and  Baltimore  that,  having  ascertained 
the  facu  which  I  have  brought  to  his  knowledge, 
they  should  duly  proceed  according  to  law  against . 
the  violators  of  the  laws  of  this  Republic.  The 
district  attorney  for  the  United  States  at  Balti* 
more  has  replied  to  the  Kins's  Consul  there  that 
he  has  no  evidence  upon  wnich  he  can  proceed 
aminst  Capuin  Almeyda ;  but^  a  witness  should 
oner,  who  will  depose  to  the  fiicts  referred  to.  ho 
will  proceed  to  order  an  embargo  to  be  laid  on 
his  vessel.  I  am  perfectly  aware  that  good  order, 
the  personal  security  of  individuals,  and  the  pre- 
vention of  aay  violence  being  committed  upon 
them,  require  that  suits  should  be  instituted  ac- 
cording to  the  rules  of  court ;  but  when  a  crime 
is  notorious  to  all,  and  is  doubted  by  none;  when 
the  tranquillity  and  security  of  the  State,  the 
honor  of  the  nation,  and  the  respect  that  indepen- 
dent Powers  owe  to  each  other,  are  interest^  in 
Sotting  a  stop  to  crimes  so  enormous  as  those  I 
ave  had  the  honor  to  denounce  to  you ;-— it  ap- 
pears to  me  that  the  magistrates  are  authorized 
to  collect  a  summary  iK^dy  of  information,  to 
inquire  whether  the  public  opinion  is  doubtful, 
nnd  if  there  be  ground  to  institute  a  suit.  The 
collector  of  the  customs  cannot  be  ignorant  that 
the  three  vessels  which  I  have  named  to  yon  were 
built  and  fitted  out  at  Baltimore  i  tnat  they 
were  cleared  at  that  custom-house  as  Amecicaas ; 
that  their  crews  were,  at  their  departure,  com- 
posed of  citizens  of  this  Union,  as  were  their  eap- 
tains ;  and  that  the  effects  which  they  have  landed 
can  only  come  from  Spanish  countries,  Whait 
stronger  testimony  (if  more  is  wanted)  than  thek 
own  declaration  can  be  desired,  to  proceed  againat 
these  pirates  ? 

The  ships'  papers,  the  declarations  of  the  crew% 
the  log-book,  are  all  testimony  which  can  thtow 
liffht  upon  tne  truth  or  falsehood  of  the  crime 
aflegedjRnd  makes  it  unnecessary  to  trouble  them, 
untu  it  be  asceitained  that  there  is  ground  for 
proceeding  judicially  affainst  them. 

It  must  have  been  iLUOwn  to  you,  sir,  that 
when  the  rebel  Mina  armed  and  equipped  at 
Baltimore,  for  the  purpose  of  attacking  the  do- 
minions of  the  King,  His  Majesty's  Consul  pro- 
sented  two  declarations,  sworn  to  by  two  offioen, 
who  had  acoompaaied  him,  setting  forth  aU  the 
dans  and  projects  of  this  traitor,  and  the  manner 
in  which  he  had  violated  the  laws  of  the  Repnh- 
lie ;  that,  on  another  occasion,  the  same  ConenI 
preaenied  thedeolaratioos,onoaih|Of  fonrsailoni 


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d  the  BiNitt  Potofi,  ttatiAff  ih«  prfstt  ihtf  had 
made,  the  merebaDts  to  whom  were  addressed 
the  efieets  stolen  from  the  vassals  of  the  KiDg, 
and  that,  in  both  cases,  thef  were  cootidered  io- 
suffioient  to  proceed  against  these  highway  rob- 
bers, and  to  afford  the  rassals  of  His  Catholic 
Majesty  that  protection  which  they  had  a  right 
to  expect  of  a  friendly  Power. 

At  this  retj  moment  I  hare  receired  advice 
from  His  Majesty's  Consul  at  Norfolk,  stating 
that  a  quantity  of  zeroons  of  cochineal,  indigo, 
and  Jesoit's  bsLtk,  brought  in  by  the  two  priva- 
teers, the  Independence  of  the  South,  Captain 
Chaytor,  and  the  Altavela,  alias  Romp,  Captain 
Qrennokls^  has  been  shipped  at  that  port  on  board 
the  packet  which  satlea  on  the  23d  iastant  for 
'New  York,  in  order  that,  by  changing  place  and 
appearittff  to  be  cleared  out  by  other  merchants, 
the  vasseisof  His  Majesty  may  be  deprived  of 
their  property,  and  the  pirates  and  merchants 
who  have  fitted  them  out  become  the  owners  of 
the  booty.  No  one  renders  more  justice  to  the 
teotitttde  of  the  President  than  I  do,  and  to  the 
•ineere  desire  that  he  has  to  put  a  stop  to  prac- 
tices 80  oontrar^  to  the  virtue  and  ffood  faith 
which  characterize  this  Republic;  but  it  is  that 
very  cause  which  lays  me  under  the  necessity  of 
expoeinff  these  practices,  with  an  entire  confi- 
dence that  the  President  will  only  see  in  this 
^eommunication  my  anxious  desire  to  prevent  any 
obstacles  being  thrown  in  the  way  of  the  friendly 
arranffement  now  pending  between  the  two  Pow- 
ers. The  Treaty  of  Limits  and  Navigation  ex- 
isting between  them  establishes,  in  the  most  posi- 
tive manner,  that  the  two  nations  have  agreed  to 
consider  as  pirates  all  vessels  fitted  out  in  the 
two  countries,  respectively,  manned  and  com- 
manded by  their  respective  subjects.or  citizens, 
acting  in  a  hostile  manner  against  one  or  the 
aiher  <tf  the  two  contracting  parties  under  a  for- 
«tg0  commission.  The  acts  of  Congress  of  the 
5th  of  June,  1794^  of  the  14th  of  June,  1797.  and 
the  seeond  section  of  that  of  the  30th  of  April, 
1790,  prescribe  the  punishment  to  be  inflictea  on 
these  persons,  and  the  steps  to  be  taken  on  both 
aides  to  restore  the  propertv  to  ito  lawfbl  owners. 
1  rehr  on  your  justice  and  friendly  sentiments  to- 
wards my  €K>vemmeBt  for  promoting  with  the 
Preeident  such  orders  as,  in  his  wisdom  and  fore- 
sight, will  seem  to  him  best  adapted  to  prevent 
the  evasion  of  the  laws,  and  the  sacrifice  of  that 
poition  of  His  Catholic  Majesty's  subjects  who 
nave  been  robbed  by  these  pirates. 

I  renew,  Ac.  LUIS  DB  ONIB. 

Ihm  Iam  de  Onii  to  the  Acting  Seerdmrif  tff  State. 
WAsaiaaToif,  AptU  4,  .1817. 
Sia :  Although  I  have  always  made  it  a  duty 
a#l  ta  intrude  on  the  attention  of  this  Oovara- 
meat  by  remonstninots  which  are  not  founded 
aa  iatoatestable  facts,  or  at  leaat  on  moral  evi- 
^Itnoe,  yet  it  appeared  to  me,  in  the  conference 
wUeh  1  had  with  you  yesterday,  that  you  were 
iwt  satisiM  with  the  complaints  I  iasely  ad- 
i  to  you  agaiaat  the  pitatea  Potoei,  lioa- 


gore,  Congreso.  Indeaeadeseia  del  Sodyaod  AHa- 
vela.  I  Mve  now  the  honor  so  annex  a  copy  of 
a  letter  from  the  owams  of  the  Spanish  ship 
Nuestra  Sefiora  de  las  Dolores,  aad  of  one  frovi 
the  consignee  at  Havana,  by  which  you  #111  be 
informed  that  the  said  vessel  waa  captarod  near 
to  Cadiz  by  the  pimte  indepeadencia  del  Soi, 
Captain  James  Chaytor. 

1  also  enclose  to  yoa  the  deelatatian,  on  oath, 
of  Joseph  Ojeda,  captain  of  the  Spanish  a^hoeaer 
Caialtna,  oaptuiad  b^  the  picate  Alm^da,  com- 
mandin|[  the  Orb,  alias  the  Coagreao.  Bf  this 
declaration  you  will  see  the  number  jsf  Spanisii 
vessels  be  has  plundered,  those  he  has  hutnt,  aad 
those  he  has  sent  to  other  ports.  I  latter  myaelf 
that  you  will  find  in  theee  doeaneats,  if  notaU 
the  evidence  requised  by  the  laws  of  the  Oait«l 
States  fbr  the  puaishmeot  of  a  man  wba  hM 
committed  so  many  atrocious  acts,  at  least  adil> 
cient  to  justiiy  the  detaation,  for  the  benefit  of 
the  lawful  owaers,  of  the  propertv  which  he  It 
endeavoring  to  introduce  cumdeBttnelir  into  this 
oouatry,  in  violation  of  the  Tf«at|rof  Priaodahlp^ 
Limits,  and  Navigatioa,  now  existiag  hetweea 
the  two  Powters. 

I  hope,  sir,  that  you  will  allow  me  to  use  the 
term  pirate$^  in  speaking  of  these  bandittu  My 
imj^ression  is,  (and  I  found  it  upon  the  treaty  of 
amity  I  have  just  referred  to.)  that  every  vessel 
built  or  fitted  out  within  the  jurisdictien  of  this 
Republic,  manned  and  commanded  by  citizeasaf 
the  Union,  which  is  navigated  and  commits  ha«* 
tiUties  under  a  fomign  flag,  is  and  must  be  deemed 
a  pirate;  that,  as  such,  it  is  liable  to  coofisoatiou, 
with  all  the  property  on  beard,  that  it  may  be 
afterwards  restored  to  the  lawful  owners,  althonah 
no  one  should  present  theaMclves  to  make  me 
claim  in  their  behalf,  as  would  be  done  in  the 
case  of  any  known  murder,  or  of  oae  agaioac 
whom  there  existed  strong  saspicions  of  haying 
eaaimttted  a  crime  agaiast  society,  and  this  te 
the  purpose  of  satisfying  the  calk  of  public  veo- 
geance.  I  hof^  that  you  wfll  have  the  goadnesi 
to  inform  me  if  I  am  mistaken  In  diis  conooa- 
tion,  aad,  in  case  it  should  be  that  of  the  PrealU 
dent,  that  yoa  would  be  pleased  to  ohtaia  aaeh 
measures  of  him  as,  in  his  wisdom,  he  may  deem 
most  proper  tb  prevent  theveseeb  above  mea- 
tioaed,  tofetber  with  their  eaptalas,  again  pattf ng 
to  sea)  aad  to  afford  that  proteoiioB  to  His  Majes- 
ty's subjects  which  fhey  have  a  tight  to  eapiet, 
from  the  dese  friendship  ezistiBg  heiwaea  the 
two  Governments,  by  laying  an  attachment  ott 
(he  propeitv  on  heard  those  vessels,  that  it  mav 
be  delivered  up  when  its  ownete  are  aseertaiaed. 

I  renew,  dbe.  LUIS  DB  OWS. 


No.  1. 
Hataha,  AoMhsr  17, 1816. 
Sia :  The  foregoingt  is  a  copr  of  my  last  of  the 
4th  instant,  which  I  confirm.  1  am  again  obl%cd 
so  trouble  you  bv  requesting  jo%  woidd  be  oa  the 
waUh,  if  the  ship  calkd  the  Na.  Sa.  de  lor  Do- 
lores, alias  the  Primera,  sheukl  put  iaso  any  poet 
of  the  United  Sutes;  whiohTecKlI^' 


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for  Cadiz  on  tiw  lOdi  of  lalf,  tMidor  the  oott- 
.jBud  of  Ca|ttiiB  Nkholas  Larrta,  witb  a  eargo 
of  angar  ooaMped  Co  Che  owner,  Don  Jaao  Fseo. 
de  Yernra,  of  the  satna  piooe,  wko,  under  date 
of  dM  ad  of  Sepcember,  iafbrais  me  of  her  eap- 
tuae  on  che  d7th  of  Angosc,  aear  Cape  St.  Yin- 
,oeoC,  by  che  priraceer  Indepeadeiictt  del  Sod, 
Capcain  James  Chaycor,  and  giree  me  aachority 
Co  claim  or  raaiom  oer,  as  yoa  will  see  by  a  copy 
of  ^  lecier,  enclosed.  I,  therefore,  hope  you 
will  do  me  che  favor  to  adWae  me  of  wnatefer 
may  tarnvp  in  the  afikir,  that  the  reqnistte  or-* 
:den  BMiy  be  promptly  given. 

F.  DE  PAULD  DB  MAURA. 
I>on  Tbomao  BrooGBToti. 

No.  2. 

Cadiz,  8nU.  3, 1816. 
On  che  27th  of  August  iasc,  at  che  distance  of 
tweocv-cwo  leagues  (7am  Cape  Sc  Viaoeat,  the 
ship  Na.  Sa.  de  ioa  Dolores,  alias  Prtmera,  Cap« 

Jiin  Nicholas  Ijarraa,  whtcb  sailed  an  tbe  lOch  of 
Illy  of  che  psesenc  year,  «f<as  capCttred  by  the  ia* 
aorgenc  sobooner  bri^  of  Boeaos  Ayres,  called 
tbe  Independanciia  del  Sod,  commanded  by  Jas« 
Chaytor.  On  being  captared,  Capuin  Xiama 
ondaavored  to  ransom  bis  Teesel  and  eargo,  and 
tbe  oomioander  of  tbe  DciTOCeer  accoaily  agreed 
to  estimate  tbe  sale  at  $60,000,  inoloding  therein 
1^,000  for  tbe  vessel,  tbe  ransom  to  be  paid  in 
Cftdix.  When  tbey  were  on  the  point  or  draw- 
;in^  up  tbe  necessary  writings,  tbe  brig  Ooloa- 
drioa,  fVon  Cumaaa,  appeared  in  sigbt,  which 
being  likewise  made  priie  of,  she  was  afterwards 
liberated  to  carry  to  Cadiz  the  crew  of  che  Pri- 
aoera,  and  on  that  aeeonnc  che  laasom  was  noc 
carried  inCo  effect.  As  it  appears,  by  informa- 
tion, cfaac  the  privateer  which  oapturod  ber  was 
fitted  one  in  North  America,  and  commissioned 
by  the  insurgent  Goveramenc  of  Buenos  Avrcs, 
abe  will  be  purchased  for  little  or  nothing.  1  im- 
deratand  that  she  will  be  ordered  to  the  Cafes  of 
8t.  LontK,  &u  Thomas,  St.  Bartholomew,  North 
America,  Jamaica,  or  some  other  Bnglish  port. 
It  will,  therefore,  he  £qx  mv  interest  and  that  of 
your  brother,  Don  Pascal  dbc. 

jJf.  DB  VBRGARA. 
Don  F.  de  P.  Morbita  db  Mauba. 

No.  3. 
^ALTWOBB  CouirTTi  8u$te  rfMarylMSid,  tawU: 
Be  it  remembaMd  that,  na  cbelst  idajr  of  April, 
1817,  pemMiilly  aopeared  befiHe  me,  Daniel  Ho* 
MIL  ooiary  pohUc  for  this  State,  Diego  Joo6 
Ojeoa,  and,  beiog  ifst  dolv  Mrom  according  to 
Jow,  deposes  as  follows:  That  ho  waa  captain  of 
«  Spanish  sobooaor  called  tbe  Noera  Cacaltao; 
tbat  be  was  taken  in  the  said  schooner,  on  tbe 
ooaat  of  Caba,  by  a  privateer  called  tbe  Con- 
graao  de  Baeaos  Ayres,  commanded  by  Jeoeph 
Almerda;  that,  in  the  night  of  tbe  aama  day,  tne 
Qtb  or  Fehraary  last,  bis  said  schooner  was  tabea 
bf  tbe  Spaaish  brio  of  war  Canipedor,  and  im« 
madiatiiy  afttrwaiis  taken  agaio  by  the  came 


privateer;  when,  bating  taken  out  aH  tbe  provfs. 
ions  and  best  part  of  the  sails,  fire  was  put  to  the 
said  schooner  Catalina,  and  her  crew  put  on 
board  an  American  schooner,  with  the  exception 
of  the  captain,  tbe  second  mate,  tbe  cook,  and 
two  passengers ;  whom  Captiin  Almeyda  said  be 
would  not  liberate  until  tbe  Mirae  had  been  done 
with  one  of  his  officers  and  five  men  who  had 
been  taken  prisoners  there ;  duriair  ^  deponent's 
suy  on  board  of  Almeyda's  privateer  be  took  the 
schooner  Ardiila  from  Omoa'Witbocai;9oof  sar- 
saparilla  and  ^,000;  which  sum  was  taken  out 
and  tlie  schooner  burnt. 

On  the  19th  of  February  he  captured  two 
brigs,  tbe  Saa  Antonio  de  Padua,  from  Vera 
Cruz,  for  the  Havana,  in  baHast,  and  bav^ 
some  money  on  board  \  this  vessel  was  also  burnt. 
Tbe  other  brig»  San  Jos^  from  Havana  ta  Cam- 
peachy,  with  a  cargo  of  brandy,  wioe,  and  otkper 
goods,  was  complelelv  plundered,  aad  tbe  priaao- 
ers  of  tbe  Ardiila  and  San  Antonio^  with  tbe  two 
passengers  of  the  Catalina,  were  put  on  board  of 
her,keeping  «  man  of  each  vessel  on  board  ^i  tbe 
privateer  ;  the  San  JosA  was  tbea  allowed  la  pro- 
ceed to  Oampeaohy. 

On  tbe  24tb  be  captured  the  Paz,  bound  from 
Sisal  to  Havana,  on  board  of  which  vessel  o 
prize-master  and  eight  sailors  were  seat,  aa  also 
the  mace  of  the  Cacalina.    She  was  then  da- 

rccbed  for  Galvascon.  Her  crew  were  put  on 
raat  abouc  eleven  leaoues  from  tbe  port  of 
Sisal ;  and  chis  denonent  tartber  states  that  Al- 
meyda made  sail  for  this  place,  where  tbe  said 
deponent  was  not  allowed  talaad  watii  tbe  96tb 
of  March  last,  when  1m  was  sent  on  shore  wilb- 
out  any  of  tbe  papers  of  bis  vessel,  AlaMyda  bav- 
inff  taken  possession  of  tbem. 

In  testimony  whereof,  tbe  said  deponent  baih 
hereunto  subscribed  his  name,  and  I,  tbe  said  no* 
tary,  have  hereunto  set  my  haad  and  affijwd  any 
notarial  seal,  tbe  day  aad  year  first  berainbeiiDn 
written.  • 

V      DANIEL  ROOBRS,  N.  P. 
DIEGO  OJBDA. 

The  foregoing  is  a  copy  of  tbe  original,  tiaaa- 
micced  under  tbu  date  to  tbe  district  attorney  for 
tba-distcict  of  Maryland. 

PAPLO  CHACON. 

Dm  buk^e  Onw  to  fhe  Acting  Seetdaty  of  State. 
WASHnraTOif,  April  5, 1817. 

Mm :  As  nothing  oan  be  more  flattering  to  me 
than  to  prove  to  you  that  ail  my  reclamations 
bear  the^taocip  of  tbe  meet  scrupulous  exactness 
and  trotby  I  have  the  bonor  lo  enclose  the  dctokr- 
adoQ,  oa  oath,  of  two  seamen  of  tbe  Spanish  br^ 
San  Antonio  de  Padua,  oaptured  by  the  pirate 
Almeyda,  bv  which  you  will  see  that  tbis  pirate 
has  not  coaftned  bimseif  to  taking  aad  bortting 
Spanish  vcsseia,  but  has  also  deuined  and  robbed 
an  Bnglish  vessel  upon  tbe  high  seas. 

I  bope  that  vou  will  have  the  goodness  to 
bring  ma  said  documeat  to  tbe  knowi^  of  tb^ 
Piesidenti  aa  a  corroboration  and  suMMrt  to  the 


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xeetoinatioDs  whieh  I  hare  tddressed  to  yoa,  in 
order  that  the  propertj  plundered  by  that  pirate, 
and  by  the  Potos),  Independencia  del  Sud,  Mon- 
gore,  and  Alia  vela,  may  be  secured  for  tbe  sub- 
jects of  the  King,  my  master,  and  that  they  may 
not  be  permitt^  to  return  to  sea,  to  continue 
their  depredations.  I  renew  my  respects,  dbo. 
LUIS  DE  ONIS. 

Baltimore  Coitnty,  State  of  Maryland^  to  vnt : 
Be  it  remembered  that,  on  ihe  4ih  day  of  April, 
in  the  year  of  our  Lord  1817,  personally  appeared 
before  me,  a  justice  of  the  peace  of  said  countv, 
Lewis  Falcone,  Italians,  and,  bein?  first  duly 
sworn  according  to  law,  depose  as  follows: 

That  they  belonged  to  the  crew  of  the  Spanish 
•ebooner  San  Antonio  de  Padua,  he,  the  said 
Lewis,  being  gunner  thereof;  that  baring  sailed 
from  St.  Jagb  de  Cuba,  bound  for  Harana,  on  or 
about  the  88th  of  January  last,  they  were  chased 
and  captured  the  same  day  by  a  fiuenos  Ayres 
privateer,  called  the  Gongreso,  commanded  by 
one  Jose  Almeyda,  who  took  the  deponents  on 
board  his  vessel,  depriving  them  of  fifty  boxes  of 
•egars,  four  barrels,  and  five  bundles  of  Spanish 
toDacco,and  a  bag  containing  silk  handkerchiefs; 
thai,  during  their  stay  on  board  Almeyda's  ves- 
sel, he  took  seven  Spanish  prizes,  three  of  which 
he  bvrnt;  and  on  or  about  the  15th  of  March, 
flear  the  port  of  Havana,  he  MX  in  with  a  British 
briff,  chased  her  under  Spanish  colors,  and,  when 
sumciently  near,  fired  into  her,  hoistinjr  at  the 
same  moment  the  Buenos  Ayres  flag.    The  brig, 
being  armed,  was  defended  by  discharges  of  ^rape- 
shot  nearly  the  whole  day,  but,  being  boarded  10  the 
evening,  was  compelled  to  surrender:  during  the 
whole  transaction  the  British  ensign  was  at  her 
main  peak,  and  no  other  flag.    Her  crew  were 
taken  on  board  the  Congreso^aod  the  vessel  plun- 
'dered  of  several  valuable  articles  of  gold  and  sil- 
ver.   She  was  given  up  and  allowed  to  proceed. 
Her  mate  received  a  musket  shot  through  the 
head,  of  which  wound  it  was  almost  ilnpossible 
he  tould  recover.    And  these  deponents  further 
state,  that  Almeyda  after  this  proceeded  to  the 
United  States,  and  arrived  at  Baltimore  on  or 
about  the  88th  of  March  last. 

LEWIS  FALCONE, 
BERNARD  FALCONE, 
subscribed  before  me,  by  An- 


Sworn  to  and 
thooy  Canno. 


THOS.W.  GRIFFITH. 


tiU  Ckt9aMi6t^de  Oni$  to  the  Aeikig  Stcr^im^  of 
StaU. 
Wa8HI]igto>,  April  18, 1817. 
Sin :  By  tha  informaiioa  which  has  been  trans- 
mitted to  me  by  His  Majestv's  Consul  at  Balti- 
more, in  relation  to  the  legal  stem  taken  by  htm 
for  the  seiiare  of  the  pirate  <*  Congreso,''  Cap- 
tain Almeyda,  and  the  attachment  of  the  eargo, 
it  appears  that  the  court  of  Baltimore  county  has 
declared  its  incompetency  to  take  cognizance  of 
this  cause,  on  the  jHea  that  the  Congress  bad  not 
the  power  to  alter  the  mode  pointM  oul  by  the 
Constitution,  in  which  similar  canses  are  heard 


and  decided  in  the  Supnoie  Court  of  the  United 
States :  from  which  decision  ic  follows  that  no 
State  judge,  or  justice  of  the  peace,  has  power 
to  arrest  any  individual  for  a  violation  of  the 
laws  of  this  nepublic.  I  will  not  permit  mjself 
to  indulge  in  any  reflection  upon  the  form  of  law 
which  may  be  laid  down  for  cases  of  this  natnre, 
nor  upon  the  powers  which  are,  or  are  not,  within 
the  competency  of  the  Legislature;  but  I  cannot 
the  less  express  to  )rou  mv  surprise  that  the  States' 
attorney  has  not  given  the  direction  recommend- 
ed by  the  laws  to  an  afiair  which,  in  addition  to 
the  justice  due  to  thd  subjects  of  His  Caiholie 
Majesty,  so  essentially  interested  the  honor  of 
the  United  States,  by  the  violation  of  its  sutntes, 
its  treaties,  and  its  neutrality  with  foreign  na- 
tions. 

The  result  of  all  which  is,  that  the  pirate  Al- 
meyda is  at  full  liberty;  that  his  vessel,  the 
^Congreso,"  is  released  from  attachment;  and 
that  he  is  free  to  land,  and  place  in  safety,  the 
fruits  of  his  piracies ;  that,  during  several  weeks, 
he  has  had  thirty  hands  at  work  upon  his  vessel 
sheathing  her  with  copper,  making  new  sails,  and 
giving  her  a  thorough  repair ;  and  that  there  is 
an.  appearance  that  he  will  profit  by  the  firet 
favorable  wind  to  put  to  sea,  and  continue  with 
greater  fury  his  atrocities  and  piracies,  before 
the  suit  can  be  instituted  in  the  court  which  is 
now  designated,  if  efiectoal  measures  be  not  taken 
to  prevent  him. 

I  therefore  hope  that  yoa  will  be  pleased  to 
lay  the  foregoing  subject  before  the  President ; 
and  I  doubt  not  thaL  animated  by  his  desire  to 

K reserve  the  friendship  which  happily  snbaista 
etween  Spain  and  this  Republic,  he  will  adopt 
those  measures  which  appear  to  him  most  suit- 
able to  prevent  the  evasions  employed  to  obstroot 
the  course  of  justice,  and  burden  the  United 
States  vrith  an  indemnification  for  inkiries  of 
snch  magnitude,  occasioned  to  the  subjecto  of 
the  King,  my  n^aster,  by  reason  of  the  non- 
observance  of  the  treaty  which  exists  between 
the  two  nations. 

LUIS  DE  ONIS. 


The  ChetaUef  de  Onie  to  the  Acting  Secretary  of 
StaU. 
WABAiicaToif,  April  19, 1817. 
Sin :  Although  I  was  nersnnded  that  the  aet 
of  Congress  of  the  3d  of  March,  relative  to  the 
preservation  of  the  neutrality  of  the  United  Suteti 
in  addition  to  the  Treaty  of  Friendship,  Limita, 
and  Navigation,  eiistiog  between  Spain  and  iSm 
Republic,  and  to  the  aet  of  1797,  whieh  preaeriben 
the  mode  of  pnrsnaaff  the  violators  of  the  laws  of 
this  RepabUe,  would  exempt  me  from  agmin  call- 
ing yonr  attention,  bf  new  redamations,  to  the  in- 
juries which  the  sab|eeu  of  the  King,  my  maatei^ 
incessantly  exjperience  frop  the  privateers  annec 
in  the  poru  of  this  Union,  the  annexed  conies  of 
notes  whieh  His  Majesty's  Consul  at  Norfcnk  hM 
addressed  to  the  States' attorney,  and  to  the  eoUeo- 
tor  of  the  cnstoms,  and  the  answer  which  be  r#» 
ceired  foom  the  latter,  will  show  yon  tbnt  no^^ 


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1099 


Jmgal  ArmamenU    Amtlia  AUmd. 


log  is  8affici«nt  to  pot  a  stop  to  the  eyii  of  which  I 
bare  so  often  complained  to  this  Cabioet. 


By  these  docaments  you  will  see,  nothwitb* 
anaioff  the  proofs  present   '"    •" 
gote  Vulalobos,  that  the  pi 
del  Sud"  and  **  Altavela''  were  both  fitted  out  at 


standing  the  proofs  presented  by  Don  Antonio  Ar- 
irates  "  Independencia 


Baltimore;  that  their  captains,  Chaytor  and 
Qrennolds,  are  American  citizens,  as  well  as 
their  crews;  that  both  the  one  and  the  other 
have  received  commissions,  and  cruised  under  a 
foreign  flag,  againi^t  the  Spanish  commerce ;  that 
tbev  were  then  strengthening  their  armament 
and  increasing  their  crew ;  and,  finally,  that  the 
same  collector^  who  acknowledges  they  bring  no 
manifest  (regxstro)  of  the  articles  they  have  on 
board  from  any  authority  or  port,  known  or  un- 
known, thereby  evidently  proving  that  ihej  were 
stolen  on  the  high  seas,  refused  to  arrest  this  pro- 

Serty,  unquestionably  stolen,  to  hold  it  at  the 
isposal  of  the  owners,  who  might  prove  their 
claims ;  and  to  detain  the  vessels,  which,  in  man- 
ifest violation  of  the  laws  of  this  Repuolic,  and, 
above  all,  of  the  act  of  Congress  or  the  3d  of 
March,  are  there  preparing  to  return  to  their 
cruise. 

I  shall  abstain  from  fatiguing  you  further  up3Q 
a  subject  to  which  I  have  so  often  claimed  yoar 
attention  and  that  of  the  President.  I  flatter  my- 
self that  the  transmission  of  the  proceedings,  such 
as  they  have  been  transmitted  to  me,  and  the 
elucidation  afforded  by  the  annexed  copies,  will 
be  sufficient  to  induce  the  President  to  acknow* 
ledge  the  urgency  of  adopting  measures  really 
effectual,  at  once  to  put  an  end  to  these  piracies ; 
otherwise  His  Majesty  will  not  be  able  to  see,  in 
a  continuance  of  these  excesses,  a  confirmation 
of  the  assurances  which  the  President  has  given 
me  of  his  desire  amicably  to  adjust,  by  means  of 
a  treaty,  all  the  d^erences  pending  between  the 
two  Governments,  and  to  strengthen  the  friendly 
relations  with  His  Majesty  by  new  arrangements 
mutually  advantageous  to  both  States ;  nor  the 
pledge  which  I  have  already  given  him,  that  if 
the  abovementioned  act  of  the  3d  of  March  did 
not  repair  the  evils  suffered  by  his  subjects  until 
thai  period,  it  wonld  at  least  prevent  those  by 
which  they  were  threatened  in  future. 
I  renew  to  yod;  dec. 

LUIS  D£  ONIS. 

No.  1. 

Spanish  Consul's  Oitiob, 

mfolk,  AprU  10, 1817. 
Sia :  I  found  it  my  duty,  on  a  former  occasion, 
to  make  an  official  application  to  you,  in  the  case 
of  the  armed  schooner  "Potosi,"  Captain  Chase, 
said  to  be  acting  under  a  commission  from  the 
pretended  Government  of  Buenos  Ayres,  (where, 
by  the  by.  she  had  never  been,)  but  which  had 
beoD  fitted  out,  armed,  and  equipped  in  tbe  port  of 
Baltimore,  to  cruise  a|aio8t  the  subjects  of  Spain, 
contrary  to  the  law  of  nations,  and  in  violation  of 
tbe  sentralit]^  of  the  United  States,  their  laws,  and 
fibula  tioaw  m  the  existing  treaty  between  the 
two  nations,  concluded  on  the  27th  October,  1?95, 
I5th  Con.  1st  Ssss.— 61 


and  in  opposition  to  the  intentions  of  the  Govern- 
ment, manifested  in  the  President's  proclamation 
of  the  1st  September,  1815,  and  since  more  fully 
displayed  by  tbe  act  of  Congress  passed  on  the 
3d  March  ultimo,  entitled  "An  act  more  effect 
toally  to  maintain  the  neutral  relations  of  the 
United  States." 

I  do  not  doubt,  sir,  but  that  you  psrticipate  in 
tbe  indignation  which  every  honest  roan  feels  at 
tbe  lawless  proceedings,  the  greedy  rapacity,  and* 
in  many  instances,  horrid  cruelties  of  this  set  of 
sea  depredators,  wno,  being  for  the  most  part  cit- 
izens of  the  United  States,  are  a  disgrace  to  tl4i 
country  ;  but  still,  you  did  not  think  yourself  an- 
thorized  to  interfere,  though  in  your  reply,  dated 
the  15th  of  December  ultimo,  you  expressed  that 
you  would  take  care  in  that,  as  in  other  cases,  to 
see  that  the  laws  of  the  United  States  and  other 
regulations  of  the  Government  are  duly  observ^. 

Impelled  again  by  duty,  and  relying  on  the 
assurance  (just  quoted)  in  your  said  letter  of  the 
16th  of  December  ultimo,  I  do  myself  the  honor 
of  addressing  you  the  present  letter,  to  request 
you  to  interpose  your  authority  for  the  purpose  of 
detaining  the  armed  brig  ^^  Independencia  del 
Sad,**  cSiaa  the  <' Mammoth,"  commanded  by 
James  Chavtor,  and  the  schooner  "Altavela,'* 
alicta  the  "Romp,"  Captain  Gkennolds;  boMi 
vessels  have  been  armed  and  equipped  in  this 
country,  in  violation  of  the  law  of  nations,  tht 
neotrality  laws,  explicit  stipulations,  and  jpn»* 
fessed  intentions  of  the  Government  of  tbe  Uni* 
ted  States,  and  are  commanded,  and  prinoipally 
manned,  by  citizens  thereof. 

As  these  violators  of  all  law  pretend  to  shield 
their  conduct  under  a  commission  from  a  Gov* 
ernment  the  existence  of  which  is  not  aoknow* 
ledged  by  this  or  any  other  civilized  country,  H 
becomes  necessary  for  me  to  call  your  attentioa 
to  the  14th  article  of  tbe  treaty  existing  betweaa 
Spain  and  this  country,  by  which  you  will  find 
that  it  is  expressly  forbidden  to  the  citixens  ami 
subjects  of  either  nation,  respectively,  to  laJia 
any  commission  from  any  Prince  or  State  witli 
which  the  other  nation  shall  be  at  war ;  and  saoli 
as  will  take  such  a  commission  are  puaithaUt 
as  pirates.  Upon  the  strength  of  thia  article,ai4 
in  vindication  of  the  laws  and  honor  of  the  uni- 
ted States,  I  most  solicit  yon  to  pat  a  Mop  to  iht 
further  proceedings  of  these  freebootarq.  aad  l# 
deter  them  from  going  oa  in  their  criminal  oparna 
to  the  great  detriment  of  the  commerce  of  9gm^ 
a  nation  ia  amity  with  this  eoontry,  and  ta  tha 
aaaoyance  of  the  peaceable  commercial  subjaota 
of  all  other  nations.  I  most  forther  solicit  vo« 
to  stop  these  vessels,  on  the  ground  that  they 
have  in  this  port  improved  their  equipment  and 
considerably  augmented  their  crews,  by  enlisiiaf 
several  individuals,  contrarv  to  the  said  act  tf* 
Congress  of  the  3d  of  March  ultimo;  which  ea- 
listment  is  the  more  aggravating,  because  moat 
of  the  individuals  so  enlisted  are  known  to  be 
citizens  of  this  country.  I  also  solicit  you  to 
stop  and  keep  in  your  possession  certain  stolen 
goods,  namely,  cochineal  and  indigo,  which  I 
am  told  are  now  in  the  cattody  of  the  customs 


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APPENDIX. 


UM 


Niegal  ArmamenU^Amdia  MantU 


hoase  aDder  yoar  direction,  reserTing.  to  myself 
to  profe  hereafter  the  trae  owners  of  this  proper- 
ty. I  must  add  the  request  to  be  furnished  with 
a  copy  of  the  entry  or  manifest  of  the  ffoods  or 
irticles  of  merchandise  imported  by,  and  landed 
tt  this  port  from,  the  said  craisers. 

In  closing  this  letter,  I  cannot  forbear  express* 
ing  a  hope  that  you  will  give  to  this  application 
all  the  attention  which  the  nature  or  the  case 
requires,  and  that  you  will  not  delay  your  an* 
swer,  from  the  tenor  of  which  I  shall  regulate 
my  conduct,  so  as  to  acquit  myself  of  that  duty 
to  mv  King  and  country  imposed  upon  me  as 
veil  bv  my  office  as  by  my  personal  feelings. 

With  great  respect,  I  remain,  your  obedient 
•errant, 

ANTONIA  A.  VILLALOBOS. 

Charles  K.  Mallort, 

CoUector  qf  Norfolk  and  Porisnumth. 

No.  2. 

Spanish  Consul's  OrFiPR, 

Norfolk,  Apnl  10, 1817. 

Sir:  The  enclosed  is  a  copy  of  an  official 
letter  which  I  ha?e  addressed  this  day  to  thecol- 
leetor  of  the  customs  of  this  port. 

As  there  is  no  question  but  that  the  Govern- 
Bient  of  the  United  States  are  bound  to  punish 
•ueh  of  their  citizens  as,  in  defiance  of  all  law, 
have  committed  hostilities  against  a  friendly  na- 
tion, and  also  to  arrest  them  in  their  progress 
when  they  are  seen  within  their  jurisdiction  pre- 
paring to  continue  their  nefarious  course;  and 
as  it  IS  in  your  province,  as  district  attorney,  to 
see  that  the  laws  of  the  Union  are  dul^  enforced, 
both  in  the  punishment  of  crimes  and  in  the  pre- 
Tention  of  them,  1  make  the  same  application  to 
you  that  I  have  made  to  the  collector,  requesting 
you,  in  the  name  of  my  Government  and  thesut* 
fering  subjects  of  Spain,  to  is^soe  such  process  as 
vUl  deter  James  Cbay  tor  and  Captain  Grennolds, 
their  officers  and  crews,  mostly  American  citi- 
aeai,  from  going  out  of  this  port  to  renew  their 
depredations  on  Spanish  commerce ;  at  the  same 
time  that  1  leave  it  to  your  discretion  to  institute 
anjr  further  proceedings  that  the  nature  of  the 
offences  already  committed  may  admit  of,  and  of 
which  I  shall  furnish  proofs  In  due  time.  I  must 
also  request  you  to  secure,  in  behalf  of  the  true 
owners  of  the  stolen  property  which  can  be  come 
at,  namely,  a  parcel  of  cochineal  and  indigo, 
landed  by  these  privateersmen  at  this  port,  and 
said  to  be  now  in  the  custody  of  the  custom- 
house. 

I  hope,  sir,  that  you  will  see  the  propriety  of  my 
applying  to  you  in  the  present  instance,  and  that 
you  will  do  me  the  favor  to  answer  tnis  letter, 
apprizing  me  of  the  course  you  mean  to  adopt, 
for  my  information,  and  to  euable  me  to  give  pro- 
per inteiliflrence  to  my  Minister. 
I  remain,  dbc. 

ANTONIO  A.  VILLALOBOS. 
^    William  Wirt,  Ej^q., 

U.  S,  DUtrict  Attomty^  Richmond. 


No.  3. — Collector's  Opficb, 

Norfolk,  AprU  11, 1817. 

Sir  :  I  had  the  honor  to  receive  your  note  of 
yesterday,  in  relation  to  the  two  armed  vessels 
now  lying  in  this  port,  under  the  flag  of  the  Gov* 
ernment  styling  itself  "  the  United  Provinces  of 
the  river  Plata,"  the  one  called  **  Independencia 
del  Sud,"  and  the  other  ^'Altavela."  You  re- 
quire me  to  detain  these  vessels  upon  the  grounds 
that,  in  violation  of  the  law  of  nations,  the  neutral- 
ity, laws,  explicit  stipulations,  and  professed  ia- 
tentions  of  the  Gk)vernment  of  the  United  States, 
they  have  been  armed  and  equipped  "  in  this  coun* 
try,  and  are  commanded  and  principally  manned 
by  citizens  thereof;"  that,  under  the  iourteentk 
article  of  the  treaty  between  Spain  and  this  coun- 
try, they  are  pirates;  and  that,  in  violation  of  the 
act  of  Uongress  of  the  3d  March  last,  *^  more  efiee- 
tually  to  preserve  the  neutral  relations  of  the 
United  States,"  *'  they  have  in  this  port  improved 
their  equipment,  and  considerably  augmented 
their  crew,  by  enlisting  several  individuals.''  Ia 
reply  to  which,  I  conceive  it  proper  only  to  re- 
mara,  that  these  vessels  have  not  been  unnoticed 
by  me,  and  that,  in  my  conduct  towards  them, 
I  shall  endeavor,  as  I  have  done,  to  observe  that 
course  which  my  official  duties  appear  to  me  to 
have  prescribed.  In  pursuing  which,  that  I  may 
have  the  aid  of  every  light  to  ^uide  me  which 
facts  can  afford,  and  the  allegations  thus  made 
by  you  in  an  official  form  must  be  presumed  to 
be  bottomed  on  positive  facts,  which  have  come 
to  your  knowledge,  you  will  have  the  goodnesS| 
I  trust,  to  furni:ih  me,  with  as  little  delay  as  pos- 
sible, with  the  evidence  of  their  existence  in  your 
possession. 

In  respect  to  the  merchandise  landed  from  these 
vessels,  and  deposited  in  the  public  store,  which 
you  request  me  to  retain  in  my  custody  for  proofs 
to  be  obtained  by  you  as  to  the  owners  of  it,  I 
have  to  observe  that  the  circumstances  of  the 
case,  as  far  as  they  are  at  present  known  to  loe, 
do  not  seem  to  require  that  I  should  take  upon 
myself  the  responsibility ; 'on  the  contrary,  that 
these  goods  should  be  regarded  as  the  property  of 
those  who  deposited  them^  subiect  to  be  delivered 
to  them,  on  complying  with  all  the  requisites  of 
the  laws  for  the  protection  of  the  public  revenue. 

There  was  no  regular  manifest  or  entry  of  these 
articles,  or  a  copy  of  it  should  be  furnished  to 
you,  according  to  your  request;  but  simply  a 
memorandum  of  them,  and  a  receipt  of  the  keeper 
of  the  public  store,  from  which  u  appears  that 
there  were  ninety-two  bales  or  packages  of  coch- 
ineal, jalap,  and  varilla,  consisting  chiefly  of  the 
first-mentioned  article.    I  am.  dbc. 

CHARLES  K.  MALLORT. 

Don.  Antonio  A.  Villalobos, 
His  Caiholic  Majesty's  Connd,  Norfolk. 

No.  4. 
Spanisb  Consul's  Officr, 

Norfolk,  AprU  12, 1817. 
Sir:   I  have  the  honor  to  acxnowledge  the 
receipt  of  your  letter  of  yesterday,  in  answer 


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1926 


JUegal  ArmamenU^Amdki  Mand. 


to  mine  of  th«  ds]^  before,  soliciting  you  to  detain 
the  privateers  '^odependenoia  del  Sod"  and  **A1- 
taTela,"  on  tbe  groaods  that  those  vessels  have 
been  originally  armed  and  equipped  in  this  conn- 
try,  and  are  now  commanded  and  principally 
aaanned  by  citizens  of  the  United  States,  and 
because  they  have  in  this  port  improred  their 
cqoipment,  and  augmented  tbeir  crews  by  enlist- 
ment; and  further,  soliciting  you  to  retain  in 
your  possession,  and  not  to  redelirer  to  those 
prifaceersmen,  certain  articles  of  stolen  goods 
now  under  your  custody ;  in  reply  to  which  you 
mrt  pleased  to  observe  that  those  vessels  have  not 
been  unnoticed  by  vou,  and  that  you  shall  endea- 
vor to  observe,  with  regard  to  them,  that  course 
which  you  think  your  official  duties  prescribe  to 
you;  requesting  me,  at  the  same  time,  to  furnish 
tbe  evidence  to  prove  the  facts  that  I  have  set 
forth,  in  order  that  you  may  have  the  aid  of  eve* 
ry  ligh'^t  to  guide  you;  and,  finally,  you  observe 
that,  from  the  circumstances  of  tbe  case,  you  do 
not  think  you  ouffht  to  take  upon  yourself  to  re- 
tain possession  of  the  property  above  mentioned, 
of  which  yon  give  a  description  in  general 
terms. 

With  regard  to  the  evidence  you  require,  I  will 
not  hesitate  to  say  that,  as  the  facts  I  have  stated 
are  matter  of  public  notoriety,  known  to  every- 
body, and  I  had  no  reason  to  suppose  that  you 
were  ignorant  of  them,  I  did  not  deem  it  incum- 
bent upon  me  to  add  any  proof  to  the  simple  nar- 
ration of  them;  and  I  was  confident  that,  by 
ffoing  on  to  point  out  to  vou  the  stipulstionx  and 
laws  which  are  infringed  in  consequence  of  those 
facts,  you  would  think  yourself  authorized  to  in- 
terfere in  the  manner  requested. 

I  will  assert,  sir,  as  a  known  fact,  that  the  brig, 
now  called  lodependencia  del  8ud,  is  the  same 
vessel  which  was  formerly  known  under  the 
name  of  the  Mammoth  prirateer,  belonging  to 
Baltimore,  armed  and  equipped  in  that  port,  from 
which  she  sailed  under  the  command  or  tbe  same 
Chaytor  who  still  commands  her;  that  the  very 
tame  James  Chaytor  was  necessarily  then,  and 
cannot  have  ceased  since  to  be,  a  citizen  of  the 
United  States;  is  settled,  and  has  a  family  in 
Baltimore,  whence  his  wife  came  down  a  few 
dap  ago  in  the  packet  Walter  Qray,  and  is  now 
in  thia  town  on  a  visit  to  her  hosMod ;  that  he 
fans  enlisted  men  in  this  port,  many  of  whom  are 
not  ao  obscure  as  not  to  be  generally  known.  I 
will  mention,  as  an  example,  Mr.  Young,  of  Ports- 
month,  who  is  now  acting  as  first  lieutenant  on 
board  the  said  brig.  I  will  assert,  as  a  fact,  that 
tha  Altavela  is  the  very  schooner  known  before 
under  tbe  name  of  the  Romp,  the  same  that  un- 
derwent a  trial  for  piracy  before  the  federal  court 
in  thb  State ;  that  her  |>resent  commander.  Cap- 
tain Gkennolds,  is  a  natire  of  one  of  tbe  neigh- 
boring towns,  and  very  well  kpown  in  this  place; 
and,  finally,  that  this  vessel  has  been  at  one  of 
the  wharves  altering  her  copper,  which  I  call  an 
improvement  in  her  equipment. 

If  these  public  facts,  falling  within  the  knowl- 
edge of  every  individual,  require  more  proof  than 
the  public  notoriety  of  them,  I  must  reqneat  to 


be  informed  as  to  the  nature  of  that  proof;  and, 
also,  whether  yon  are  not  warranted  to  act  upon 
just  grounds  of  suspicion,  without  that  positive 
evidence  which  is  only  necessary  before  a  court  of 
justice. 

Respecting  the  property  which  I  have  solicited 
you  to  stop,  as  you  seem  not  to  think  yourself 
authorized  so  to  do,  I  must  observe  to  you  that, 
by  the  law  in  general  practice  in  this  and  other 
countries,  property  in  suspicious  hands  is  fre- 
quently stopped  ;  and  I  will  go  further,  and  as- 
sert that  there  is  no  doubt  of  the  goods  in  quea- 
tion  being  stolen  goods,  or  what,  by  way  of  soft- 
ening tbe  expression,  are  called  prize  goods ;  and 
all  such  property  hitherto  brought  into  this  coun- 
try by  this  sort  of  cruisers  has  been  adjudged  by 
the  federal  courts  stolen  property,  and  has  been 
ordered  to  be  restored  to  tbe  rightful  owners.  I 
do,  therefore,  most  solemnly  lay  claim  to  thia 
property  in  behalf  of  the  lawful  owners,  who,  I 
am  confident,  will,  at  no  distant  period,  come 
forward  tbemselres  to  demand  it;  and  I  hereby 
reserve  to  them  their  rights  unimpaired,  to  saa 
and  recover  from  whoouoever  they  may  be  enti- 
tled to  claim  under  the  law  of  nations,  and  in 
conformity  to  the  sixth  and  ninth  articles  of  tha 
treaty  between  Spain  and  this  country,  con- 
cluded on  the  27th  of  October,  1795,  and  under 
any  other  law  that  may  make  in  tbeir  favor. 

I  will  now  conclude,  by  expressing  a  hope  that, 
upon  a  thorough  new  of  the  subject,  you  will 
consider  it  consistent  with  the  duties  of  your  of« 
fice  to  accede  to  my  solicitation  for  the  relief  of 
tbe  injured  subjects  of  Spain,  and  to  prevent  a 
number  of  bad  citizens  of  this  country  from  com- 
mitting further  depredations  on  their  commerce. 
I  remain,  dkc. 

ANTONIO  A.  VILLALOBOS. 

Cbaslbs  El  Mallort,  Esq. 

No.  5. 
CoLLBCToa'a  Offioi,  Norpolk, 

April  14, 1817. 

Sir  :  I  have  had  the  honor  to  receive  your  let- 
ter of  tbe  12th  iosunt,  and  have  bestowed  upon 
it  all  the  attention  which  the  limited  time  allowed 
me  would  admit  of. 

From  the  view  I  have  Uken  of  the  facts,  aa 
now  stated  by  you.  which  it  is  to  be  presumed 
are  to  be  regarded  as  specifications  under  the 
more  general  charges  set  forth  in  your  letter  of 
the  10th  instant,  I  must  really  confess  1  do  not 
at  present  see  grounds  sufficient  to  justify  the 
steps  you  require  me  to  take  against  the  armed 
vessels  now  in  this  port,  and  the  merchandise 
which  has  been  permuted  to  be  laden  from  them, 
and  deposited  in  the  public  store. 

Tou  assert,  as  known  facts,  that  the  brig  now 
called  the  ^  Independencia  del  Sud,"  is  the  same 
vessel  that  was  formerly  known  under  the  name 
of  the  Mammoth  privateer,  belonging  to  Balti- 
more, armed  and  equipped  in  that  port,  from 
which  she  sailed  under  the  command  of  the  same 
James  Chaytor  who  still  commands  her.  That 
this  very  same  Jamea  Chaytor  was  necessarilf 


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iSPBNDIX. 


1021 


Mkgal  Armameni9^AmeHa  hiand. 


tbeB,  and  eaoDot  hmre  ceased  sioee  to  be.  a  citi- 
zen of  the  United  States;  is  settled,  ana  has  a 
family  in  Baltimore,  whence  his  wife  came  down 
a  few  days  a|:o  in  the  packet  Walter  Chraf ,  and 
is  now  in  this  town  on  a  risit  to  her  husband. 
That  he  has  enlisted  men  in  this  port,  many  of 
whom  are  not  so  obscure  as  not  to  be  generally 
known;  and  yon  mention,  as  an  instance,  Mr. 
Tonng,  of  Portsmouth,  who  you  allege  is  now 
acting  as  first  lieutenant  on  board  the  brig.  You 
further  assert  as  a  fact.  "  that  the  AltaTela  fs  the 
Tery  same  schooner  which  was  known  under  the 
name  of  the  Romp,  the  same  that  underwent  a 
trial  for  piracy  before  the  federal  court  in  this 
Stfl^e ;  that  her  commander,  Captain  Ckennolds. 
18  a  native  of  on^  of  the  neighboring  towns,  ana 
is  Tery  well  known  in  this  place."  And,  finally, 
fhat  this  ressel  has  been  at  one  of  the  wharres 
altering  her  copper,  which  you  call  an  improve- 
mmt  in  her  equipment. 

Now,  sir,  supposing  these  facts  to  be  what  you 
aftrm  they  are,  matter  of  too  great  public  notori* 
ecy  to  require  anything  like  demonstration;  do 
they  prore  so  clearly  that  the  brig  now  called 
faid'e|>endencia  del  Sud  was  originally  fitted  out 
io  this  countr^r  to  aid  the  United  ProWnces  of 
the  rirer  Plate  in  their  struggle  for  independence? 
that  James  Chaytor,  a  citizen, of  the  United 
States^  assumed  the  command  of  her  with  that 
intention,  under  a  commission  from  that  Qovern- 
ment,  in  the  port  of  Baltimore?  and  that  be 
commenced  his  cruise  against  the  Tessels  of  the 
tabjects  of  His  Catholic  Majesty,  with  whom 
the  United  States  are  in  amity,  from  that  port? 
On  the  contrary,  do  they  not.  with  equal  or  great- 
er certainty,  tend  to  show  tikat  this  brig,  which 
you  acknowledge  was  formerly  the  Mammoth 
priyateer,  belonging  to  Baltimore,  was  fitted  out 
during  the  late  war  between  this  country  and 
Great  Britain,  to  cruise  against  the  vessels  of  the 
subjects  of  His  Britannic  Majesty ;  that  she  was 
then  under  the  command  of,  and  probably  owned 
in  whole  or  in  part,  by  the  said  James  Chaytor ; 
that,  on  the  termination  of  that  war  the  owners 
of  the  said  vessel  having  a  right  to  dispose  of  her 
Wh^esoever  and  to  whomsoever  they  thought 
fit^  may  have  sent  her  under  the  command  of  the 
said  James  Chaytor,  from  Baltimore  to  Buenos 
Ay  res,  where  she  may  have  been  purchased  by 
the  Gbrernment  of  that  place,  and  put  upon  their 
naYal  establishment,  and  that  the  same  James 
Cha3rtpr  might  tken  and  there  have  accepted  the 
commission  appointing  him  to  the  command  of 
her?  i  wish  not  to  be  understood  as  contending 
that  this  was  the  ca#e,  but  that  it  is  an  inCerence 
which  may  be  A^irly  deduced  from  the  facts  as 
specified  by  you.  The  log-book  and  other  docu- 
ments which  I  have  in  my  possession  seem,  more- 
over, to  corroborate  this  view  of  the  subject.  It 
appears  from  them  that  she  is  a  public  armed  ves- 
sel, not  a  privateer,  and  commenced  her  cruise 
from  Buenos  Ayres  under  the  orders  of  that  Gk>v- 
•mment  (be  it  whatever  you  may  please  to  term 
it)  in  May,  1S16.  Whether  the  said  James  Chay- 
tor had  the  right,  under  such  circumstances,  to 
accept  the  commission  or  not ;  or  whether,  when 


he  sailed  from  Paltimore,  being  then  a  citizen  of 
the  United  States,  he  cannot  have  since  ceased  to 
be  one,  appears  to  me  plainly  and  simply  the 
question  :  has  a  citizen  of  the  united  States  the 
riffht  to  expatriate  himself,  and  enter  the  service 
of  a  foreign  Power  not  at  war  with  his  native 
country  ?  A  question  which  it  u  not  my  pror- 
ince  to  discuss,  but  about  which,  I  apprehend 
there  can  be  but  little  doubt  in  this  country, 
whatever  be  the  antiquated  notions  prevailing 
upon  the  subject  in  the  old  Governments  of  Bn- 
rope.  His  having  a  wife  in  Baltimore,  and  her 
coming  to  see  him  here,  does  not  appear  to  me  to 
affect  the  case  at  all;  inasmuch  as  nothing  Is 
more  common  than  for  foreigners  to  have  wives 
here,  natives  of  the  country ;  an  illustrious  in- 
stance of  which  might  be  given. 

With  respect  to  the  facts  assumed  by  you,  of 
the  enlistment  of  men  in  this  port,  of  which  you 
mention  Mr.  Young  as  an  evidence,  suffice  it  to 
say  that,  from  intimations  I  had  received  ante- 
rior to  tne  date  of  your  letter,  I  had  deteroiined 
to  make  the  proper  inquiries,  and  to  be  satisfied 
upon  this  point  before  those  vesseb  are  permitted 
to  sail,  and  shall  be  governed  by  the  result ;  al- 
though it  does  not  appear  altogether  perfectly 
certain  that  such  an  augmentation  of  their  force 
is  interdicted  by  the  act  of  Congress  of  the  3d  of 
March  last,  which,  bein^  a  law  highly  penal  in 
its  nature,  will  admit  of  no  latitude  of  construc- 
tion. Permit  me  to  observe,  ^  en  poMantp  that 
this  Mr.  Young  is  by  birth  an  Bnglishman,  served 
several  years  in  the  British  navy,  several  in  our& 
and,  I  suppose,  has  now  an  equal  right,  providea 
it  be  not  done  in  a  manner  to  violate  the  laws  of 
the  United  States,  to  enter  into  the  service  of  the 
Government  calling  itself  the  "  United  Provinces 
of  the  river  Plata,"  or  any  other  Government  that 
will  receive  him. 

With  respect,  also,  to  the  vessel  called  the  Al- 
tavela,  asserted  by  you  to  be  the  very  schooner 
formerly  known  by  the  name  of  the  Romp,  and 
tried  for  piracy,  I  proceed  to  remark,  that  this 
vessel  furnishes  a  strong  argument  against  you  ; 
for,  after  a  fqll  investigation  of  all  tne  charges 
against  her,  supported,  as  I  believe  they  were,  by 
some  of  her  own  crew,  she  was  acquitted,  as  weU 
as  the  commander  of  her.  Squire  Fish,  who  had 
previously  been  an  officer  in  the  Navy  of  the 
United  States.  The  same  remark  will  apply 
with  equal  force  to  her  present  commander,  Ca{ip 
tain  Grennolds. 

Upon  the  subject  of  the  fact  lastly  stated  by 
you,  of  the  improvement  in  the  equipment  of  this 
ve«»el  at  one  of  our  wharves,  I  have  to  obeerrt 
that,  on  the  arrival  here  of  these  vessels,  I  had 
them  examined,  and  an  inventory  of  their  arma- 
ment, equipment,  4tc.,  taken;  and  before  their 
departure  i  shall  cause  a  resurvey  to  be  made, 
with  a  view  to  ascertain  whether  they  have  Ui*- 
dergooe,  io  any  respect,  any  alteratioas  prohib- 
ited by  the  laws  of  the  United  Sutes.  I  cannot 
affree  with  you,  however,  that  a  mere  alteration 
of  her  copper,  rendered  necessary,  perhaps,  bj 
some  damages  which  I  understand  wars  sostaiat€ 


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APVHNDIX. 


lOSO 


JlUgtd  Arm€munt$^AftteUa  hland. 


is  the  botton  of  the  Teteel,  ean  be  eomidered  as 
mm  improTemeiit "  in  her  eqaipment." 

As  for  merehtiidiee  which  you  "  most  soleniDly 
lay  olaim  to."  in  behalf  of  those  whom  you  term 
the  lawful  owners,  whieh  yon  assert "  there  is  no 


haTe  any  elaim  to  it  whatsoever.  It  is  only  depos- 
ited in  the  pablie  store  for  safe-keeping,  to  roard 
against  injury,  as  in  other  cases,  which  might  re- 
sult to  the  revenue  of  the  United  States;  and  I 
me  BO  reason,  from  anything  you  have  advanced, 
to  ckanj^  the  opinion  expressed  in  my  last  upon 
the  subject.  I  know  of  no  decisions,  such  as  you 
apeak  of,  in  the  federtil  courts,  adjudging  prize 
Mods  to  be  '^  stolen  property,  and  orderiog  it  to 
be  restored  to  the  riffhtfol  owners."  If  there  be 
any  sueh  decisions,  tney  only  go  to  show  that  it 
Is  Vf  such  authority  only,  and  not  by  any  that  I 
possess,  that  the  articles  in  question  can  be  de- 
tained or  restored. 

Having  thus,  sir,  gone  through  the  different 
topics  presented  by  you  for  my  consideration,  I 
amiU  conclude,  by  assuring  you  it  did  not  require 
anything  you  have  pointed  out  to  me  to  remind 
me  of  any  duty  which  the  circumstances  of  this 
ease  have  rendered,  or  mav  render  it  incumbent 
un  mo  to  perform.    I  am,  oc. 

CHARLBS  K.  MALLORY. 

D<m.  Amtorio  A.  Villalobos, 

Hit  Caihoik  Mc^eUfa  Ckmtul. 

No.  6. 
SrAmsfl  CofiauL^s  Ofpiob, 

NbtfM,  AprU  15, 1817. 

Sib:  I  have  received  the  letter  which,  in  an- 
swer to  mine  of  the  12th  instant,  you  did  me  the 
honor  to  address  to  me  yesterday. 

Without  denying  any  of  the  facts,  on  the 
strength  of  which  I  requested  your  interposition 
to  prevent  two  armed  vessels  now  in  this  port, 
comaanded  and  principally  manned  by  citizens 
•C  the  United  States,  from  sallying  forth  to  renew 
tiKit  depredations  upon  the  commerce  of  Spain, 
fOQ  state  that  you  oo  not  see  sufficient  grounds 
for  wunffiug  those  vessels,  or  the  merchandise 
landed  from  them,  and  now  in  deposite  in  the 
public  storehouses  in  this  place. 

I  do  not  mean  to  enter,  on  the  present  occasion, 
into  a  utmite  discassion  of  the  several  reasons 
yen  assign  for  the  line  of  conduct  which  you 
think  proper  to  pursue  in  this  case,  because  I 
tliiok  it  simteieat'for  me  to  transmit  copies  of  my 
correspondence  with  von  to  my  Qovernment, 
through  the  channel  or  the  Minister  Plenipoten- 
tiary of  His  Catholic  Majesty  in  this  country. 
Still,  you  will  'permit  me  to  advert  to  that  part 
of  your  argument,  purporting  that  it  is  not  so 
clearly  proved  that  Chaytor's  views  on  leaving 
Baltinaore  with  the  armed  vessel  under  his  com- 
maiMi,  were  to  cruise  against  the  subject^  of  Spain 
under  a  commission  from  the  pretended  Govern- 
ment of  the  river  Plata  i  upcm  which  I  will  re- 
mark, that  it  ia  no  longer  necessary  to  form  con- 


armea  vessels  stiii  under  nis  command,  na 
tile  views  against  the  subjects  of  Spain,  a  i 
in  amity  with  this  country,  is  sufficiently  ; 
by  the  hostilities  which  he  has  already  co 


jectures  about  the  probable  intentions  of  nien, 
when  facts  and  overt  acts  have  already  fully  de- 
veloped their  evil  purposes.  Thus,  whether  James 
Chaytor,  in  going  out  of  Baltimore  with  the 
armed  vessels  stillunder  his  command,  had  hos- 

nation 
solved 
already  commit- 
ted, and  still  intends  to  commit,  in  the  same  ves- 
sel, against  the  said  subjects. 

I  must  also  be  allowed  to  notice  that  |)art  of 
your  argument,  "  that,  whatever  may  be  the  an- 
tiquated! notions  prevailing  upon  the  subject  in 
the  old  Governments  of  Europe,  there  is  little 
doubt  in  this  country  about  the  question,  whether 
a  citizen  of  the  United  States  has  a  right  to  ex- 
patriate himself,  and  enter  the  service  of  a  foreign 
Power  not  at  war  with  his  native  country  7"  la 
this  you  certainly  appear  to  me  to  have  set  up  a 
mere  speculative  opinion  in  opposition  to  a  posi- 
tive law,  namelv,  the  stipulation  in  the  fourteenth 
article  of  the  Treaty  with  Spain,  by  which  the 
United  States  have  solemnly  pledged  themselves 
not  to  permit  their  citizens  to  accept  commissions 
from  any  Prince  or  State  at  war  with  Spain,  for 
the  purpose  of  cruising  against  her  subjects,  and 
to  punish  as  pirates  such  of  their  said  citizens  as 
will  act  contrary  to  that  stipulation. 

With  regard  to  the  schooner  Altavela,  former- 
ly the  Romp,  which  vessel,  3rou  say,  *  furnishes 
a  strong  argument  against  me,^'  because,  although 
tried  for  piracy,  she  was  not  actually  condeaaned, 
I  cannot  avoid  remarking,  that,  since  the  time 
when  she  escaped  meritedcondemnation.  and  her 
commander  and  crew  condign  punishment,  she 
has  been  ont  cruising  with  the  armament  and 
eommisnonohe  took  out  from  this  country:  (it 
is  pretty  trell  ascertaiaed  that  she  has  never  been 
at  cuenoB  Ay  res;)  and  that,  in  every  respect,  she 
is  evidently  a  pirate,  under  the  true  meaning  and 
intent  of  the  said  fourteenth  article  of  the  Treaty 
with  Spain  $  and  that  her  said  commander  and 
crew  are  actually  engaged  in  piraticnl  pursuits, 
in  which  ceutse  it  behooves  the  constituted  au- 
thorities of  this  country  to  stop  them  when 
within  their  jurisdiction  and  completely  in  their 
power. 

Nor  can  I  forbear  to  observe,  before  I  dismiss 
the  subiect,  that  the  self-styled  Qovernmeni  of 
the  United  Provinces  of  the  river  Plata  will  gain 
very  little  '*  in  their  struggle  for  independence," 
by  commissioning  such  a  gang  of  greedy  free- 
booters, the  scum  of  this  andother  countries,  who, 
caring  little  for  the  fate  of  that  deluded  people,  ex- 
cite, by  their  voracious  appetite  for  plunder,  the 
indignation  not  only  of  the  people  of  Spain,  but 
of  the  honest  and  good  of  all  other  nations. 

I  will  now  conclude,  sir,  by  repeating  my  so- 
licitations and  assertions  containeid  in  my  letters 
of  the  10th  and  12th  instant,  and  by /solemnly  pron 
testing,  in  the  name  of  my  Sovereign,  af^ainst  per- 
mitting a  number  of  citizens,  now  within  their 
jurisdiction,  and  under  their  control,  to  go  out  to 
cruise  against  the  commerce  of  Spain,  and  to  re- 
new their  hostilities  against  her  subjects;  and  I 
do  also  protest  against  delivering  back  to  them 


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APPENDIX. 


1082 


Illegal  Armaments — Amelia  Island. 


certain  articles  of  merchandise,  described  by  you 
in  general  terms  in  your  letter  of  the  llih  instant, 
which  articles  of  merchandise  are  obviously  taken 
from  Spanish  subjects  contrary  to  law,  and  es- 
pecially contrary  to  the  fourteenth  article  of  said 
Treaty  with  Spain,  and  which,  from  the  tenor  of 
the  sixth  and  ninth  articles  of  the  same  treaty, 
ought  to  be  retained  in  behalf  of  the  lawful  own- 
ers.   I  am,  &c. 

ANTONIO  A.  VILLALOBOS. 
Charles  K.  Mallort,  Esq., 

Collector  of  Norfolk  and  Portsmouth. 


No.  7. 


Collector'b  Office,  Norfolk, 

April  15,  1817. 
Sir:  I  have  been  honored  with  your  letter  of 
to-day,  in  answer  to  mine  of  yesterday,  and  am 
perfectly  pleased  that  our  correspondence  has  is- 
toed  in  a  determination  on  your  part  to  transrnit 
copies  of  it  to  your  Government,  through  its  Min- 
ister in  this  countrj. 

I  have  nothing  further  to  add  on  my  part,  but 
ftMurances  of  the  respect  with  which  I  am,  &c. 
CHAS.  K.  MALLORY. 
DoD  Antonio  A.  Yillalobos, 

H.  C.  M.  Consul,  Norfolk. 


Mr.  Rush  to  the  Chevalier  de  Onis. 
Department  of  State,  April  22, 1817. 

Sir:  By  direction  of  the  President,  I  have  the 
honor  to  ask  whether  you  have  received  instruc- 
tions from  yourGk)vernment  to  conclude  a  treaty 
for  the  adjustment  of  all  differences  existing  be- 
tween the  two  nations,  according  to  the  expecta- 
tion stated  in  your  note  to  this  Department  of  the 
2l8t  of  February  ?  If  you  have,  I  shall  be  happy 
to  meet  you  for  that  purpose.  If  you  have  not,  it 
is  deemed  improper  to  entertain  discus^ons  of  the 
kind  invited  by  your  late  notes.  This  Govern- 
ment, well  acquainted  with  and  faithful  to  its 
obligations,  and  respectful  to  the  opinion  of  an 
impartial  world,  will  continue  to  pursue  a  course, 
in  relation  to  the  civil  war  between  Spain  ana 
the  Spanish  provinces  in  America,  imposed  by 
the  existing  laws,  and  prescribed  by  a  just  regard 
to  the  rights  and  honor  of  the  United  States. 

I  have  the  honor  to  be,  &e. 

RICHARD  RUSH. 

Dm  Luis  de  Onis  to  the  Acting  Secretary  of  State. 
Washington,  April  23, 1817. 

Sir:  I  have  received  your  letter  of  yesterday's 
date,  in  which  you  are  pleased  to  inform  me,  by 
order  of  the  President,  that,  if  I  have  received 
the  instructions  which  I  expected,  to  conclude  a 
treaty  for  the  arrangement  of  all  the  differences 
pending  between  the  two  nations,  you  are  author- 
ized to  enter  into  that  negotiation  with  me ;  but, 
if  not,  you  consider  it  improper  to  entertain  dis- 
cussions on  the  subjects  treated  of  in  my  last 
notes. 

In  reply  to  these  points  I  have  to  inform  you, 
with  respect  to  the  first,  that  (my  conjectures  be- 


ing confirmed)  my  instructions  have  been  inter- 
cepted by  the  pirates  Which  infest  the  seas^ 
whereby  their  arrival  is  so  much  delayed.  I  have 
despatched  my  Secretary.  Don  Luis  Noeli,  ia 
order  that,  by  informing  His  Majesty  of  this  un- 
expected event,  he  may  cause  them  to  be  renew- 
ed to  me.  As  to  what  relates  to  the  second  pointy 
I  refer  to  what  I  stated  to  you  in  my  letter  of  th« 
21st  of  February,  that  I  would  entirely  conforoA 
to  the  wishes  of  the  President,  to  wait  the  discus- 
sions of  those  points  until  the  arrival  of  the  in- 
structions. 

In  the  same  note  you  hare  been  pleased  to  add,  ia 
reply  to  the  different  notes  which  I  have  addressed 
to  you  on  the  subject  of  the  armament  of  privateers 
in  this  country,  lor  thepurpose  of  cruising  against 
the  subjects  of  the  Kio^,  my  master,  that  this 
Government,  faithful  to  its  obligations,  and  re- 
spectful to  the  opinion  of  the  impartial  world, 
will  continue  to  pursue  a  course,  ia  relation  to 
the  civil  war  between  Spain  and  the  Spanish 

{)rovinces  in  America,  Imposed  by  the  existing 
aws,  and  prescribed  by  a  just  regard  to  ibe  rights 
and  honor  of  the  United  States. 

As  all  my  notes  have  been  directed  to  this  sin- 
gle object,  and  as  I  have,  in  conformity  to  your 
intimations,  given  correspondent  orders  to  His 
Majesty's  consuls  to  require  of  the  tribunab  ike 
execution  of  those  same  laws,  there  is  nothing 
left  for  me  to  do  but  to  transmit  to  His  Majesty 
this  new  assurance  of  the  President,  and  to  con- 
tinue on  my  part  to  inform  this  Government  of 
everything  which  may  contribute  to  maintain  nn- 
alterable  the  relations  of  friendship  which  exist 
between  the  two  nations,  until  the  arrival  of  the 
instructions  which  I  have  requested^  and  farther 
to  strengthen  them  by  a  treaty  which  may  pat 
an  end  to  all  pending  discussions. 
I  have  the  honor,  dec. 

LUIS  DB  ONIS. 


Don  Luis  de  Onis  to  the  Secretary  of  State. 
Phiuldelpbia,  S^  2, 1817. 
Sir:  The  Viceroy  of  New  Spain  informs  me, 
in  several  despatches  which  I  have  lately  re- 
ceived, of  the  frequent  cases  which  have  occur- 
red of  American  vessels,  both  merchantmen  and 
armed  ships,  which,  in  running  along  the  coasts 
of  those  parts  of  the  dominions  of  His  Catholic 
Majesty,  enter  their  bays,  roads,  and  harbors, 
sometimes  for  the  purpose  of  exploring  the  coon- 
try  and  examining  the  state  of  things  thm,  and 
at  others  for  that  of  assisting  the  reMs  with  pro- 
visions, arms,  and  warlike  stores,  and  of  landing 
adventurers  and  other  dangerous  persons,  whose 
object  is  to  join  the  insurgents.  The  Yicerof 
states  that  the  American  Colonel  Perry  had  join- 
ed the  traitor  Mina  with  &7e  hun'dred  men;  and 
Savary,  the  commandant  of  the  mulattoes,  with 
another  body,  having  gone  from  New  Orleans  to 
incorporate  their  force  with  that  of  Mine  aad 
Aury  at  Galveston,  a  |)lace  within  the  Spanish 
dominions;  that  American  vessels  are  ooetinii- 
ally  sailing  from  New  Orleans  with  auppliei  oC 
.  arms,  ammanition,  and  provisions,  for  those  but- 


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APPSa^DIX. 


1914 


Mkfol  ArwumunU    Awuiia  hkmd. 


dltti ;  thtt  the  AmerieaD  sebooner  **  SaeU^"  from 
New  Orleans,  entered  the  harbor  of  Tampieo  un- 
der the  pretenee  of  stress  of  weather,  but,  with- 
out any  manner  of  doubt,  for  the  purpose  of  ex- 
amiDiog  the  country ;  and  that  the  privateer  or 
pirate  **  Jupiter"  had  captured  two  Spanish  res- 
aels  off  the  bar  of  the  Mississipoi,  rery  near  to 
aeveral  American  ressels,  &c.  Tne  Viceroy  con- 
eludes  by  saying,  that  he  cannot  possibljr  think 
that  so  many  acts  of  hostility  and  violation  of 
the  laws  of  nations,  and  of  the  existing  treaty,  can 
be  permitted  or  tolerated  by  the  Government  of 
the  United  States;  and  that,  being  desirous  to 
contribute  on  his  part  to  the  maintenance  of  the 
amicable  relations  subsisting  between  this  Gk>T- 
ernment  and  that  of  His  Catholic  Majesty,  he 
luid  treated  the  American  vessels  and  citizens, 
even  in  the  cases  of  hostility  and  violation  refer- 
red to,  with  unexampled  kindness ;  but  that  now 
be  left  it  to  mj  zeal  to  endeavor  to  obtain  of  this 
Qovernment  effectual  remedies  against  these  ex- 
cesses; that,  in  the  meantime,  he  had  given  or- 
ders to  the  governors,  commandants,  and  other 
officers,  at  the  most  suitable  places  within  his 
Viceroyalty,  neither  to  admit  nor  tolerate  any 
American  vessel,  or  of  any  other  foreign  nation, 
without  the  requisite  passport  and  license;  and 
that  he  would  exercise  the  rigor  of  the  laws 
against  those  who  should  disturb  the  good  order 
and  tranquillity  of  the  King's  dominions. 

In  consequence^  therefore,  of  this  request  of  the 
Viceroy,  I  add  this  reclaiAatlon  to  those  which  I 
have  already  li&d  the  honor  to  address  to  the  Pres- 
ident, through  the  medium  of  the  Department 
committed  to  you,  on  similar  cases,  and  in  the 
name  of  the  King,  my  master ;  and  I  trust  that, 
on  your  laying  the  whole  before  bis  Excellency, 
lie  will  cause  the  most  effectual  measures  to  be 
adopted  to  prevent  the  continuation  of  these  ex- 
cesses, and  10  enforce  the  due  observance  of  the 
general  principles  of  the  law  of  nations,  and  of 
the  treaty  which  governs  between  Spain  and  the 
United  States,    i  renew,  Ac. 

LUIS  DE  ONIS. 

Den  l4Mf  de  OnU  to  the  Secretary  of  State, 

Pbilaoelpbia,  Sept.  19, 1817. 
Sib:  A  complaint  having  been  laid  before  His 
Catholic  Majesty's  Government  by  apart  of  the 
crew  of  the  opanbh  polacre  "  Santa  Maria,"  cap- 
tured on  her  passsge  from  Havana  to  Cadiz  by 
the  pirate  called  the  '*  Patriota  Mexicano,"  com- 
manded by  Jos6  Guillermo  Estefanos,  manned 
with  citizens  of  these  States,  and  covered  by 
their  flag,  under  which  he  chased  and  brought-to 
the  said  polacre,  until,  having  ascertain^  her 
capture,  be  hoisted  the  insurgent  flag.  I  have 
received  the  commands  of  the  King,  my  master, 
to  request  of  the  President,  through  your  medium, 
the  most  decisive  measures  for  putting  an  end  to 
the  abuses  practised  in  the  poru  of  this  Union,. 
by  arming  privateers  to  cruise  against  the  SfMin- 
ish  trade ;  thus  prostituting  the  &g  of  the  United 
States  by  these  predatory  acts,  and  trampliog 
iBder  foot,  with  unparalleled  audacity,  nauonai 


rights,  and  the  existing  treaty  between  Spain  and 
these  States. 

I,  therefore,  now  renew  those  urgent  reclam«r 
tions  which,  on  former  occasions,  I  have  subinil- 
ted  to  the  President,  through  your  Department, 
on  this  important  point;  and  I  trust  that  the  nu- 
merous instances  of  these  abuses  and  horrible 
depredations  will  induce  his  Excellency  to  adopt 
energetic  measures  to  restrain  these  exceseefy 
which  so  deeply  compromit  the  neutrality  of  the 
United  States  in  the  eyes  of  all  nations,  and  are 
wholly  repugnant  to  the  friendship  and  ffood  un- 
derstanding happily  subsisting  between  them  and 
His  Catholic  Majesty.    I  renew,  dkc 

LUIS  DE  ONIS. 

The  Chevalier  de  OnU  to  the  Secretary  of  State. 
Pbii«aoelpbia,  iVbi>eiii6er  2, 1817. 

Sir:  His  Majesty's  Consul  at  New  York  has 
transmitted  to  me  a  copy,  of  his  correspondence 
with  the  United  States  attorney  for  that  district, 
whereby  he  requests  that,  in  conformity  with  the 
act  of  Congress  of  the  3d  of  March  last,  he  would 
oblige  a  certain  armed  brigantine  to  give  security 
or  cause  her  to  be  seized ;  the  said  vessel  having 
arrived  at  that  port  from  Norfolk,  under  the  flag 
of  Venezuela,  and  recruited  men  to  increase  her 
crew,  in  order  to  proceed  afterwards  to  Amelia 
Island,  there  to  join  the  adventurer  McGregor, 
and  to  cooperate  in  his  nefarious  plans  against 
the  possessions  of  my  Sovereign  and  against  the 
Spanish  trade. 

I  have  the  honor  to  enclose  a  copy  of  the  said 
correspondence,  on  the  contents  of  which  I  think 
it  entirely  superfluous  to  make  any  comment } 
leaving  it  to  you,  sir,  to  decide  whether  the 
solicitude  of  His  Catholic  Majesty's  Goasul  at 
New  York  has  been  in  conformity  with  the  lawa 
and  the  above-mentioned  act  of  Congress,  and 
whether  the  attorney  for  that  district  will  right* 
fully  have  conformed  thereto,  by  his  strict  observ* 
ance  of  them,  in  obliging  the  owner  or  ca|»taia 
of  the  said  armed  brigantine  to  give  the  requisite 
security  that  he  will  commit  no  hostilities  acainst 
the  subjects  of  His  Catholic  Majesty,  and  pre* 
venting  him  from  proceeding  freely  to  sea  to 
commit  new  depredations. 

It  is  very  disagreeable  to  me  to  have  to  repeat 
to  you.  sir,  what,  unfortunately,  I  have  been 
severaltimes  under  the  necessity  of  submitting 
to  the  President,  through  the  medium  of  your 
predecessors,  namely,  that  the  act  of  Congress  of 
the  3d  of  March,  1817,  has  in  nowise  lessened  the 
abuses  by  which  the  laws  are  evaded,  and  render 
entirely  illusory  the  laudable  purposes  for  which 
they  were  enacted.  From  the  greater  part  of 
the  ports  of  these  States  there  frequently  sail  a 
considerable  number  of  vessels,  with  thepremed- 
itkted  intention  of  attacking  the  Spanish  com- 
merce, which  carry  their  armament  concealed  ia 
the  hold.  It  rarely  happens  that  they  can  be 
arrested,  inasmuch  as  the  collectors  of  customa 
say  that  they  have  not  at  their  disposition  the 
naval  force  necessary  to  effect  it ;  on  the  other 
hand,  armed  vessels,  imder  the  flag  of  the  ittrar> 


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in^ 


lUegal  ArmamenU — Amelia  Jriand. 


geBts,  enter  into  the  ports  of  the  Union,  and 
not  only  supply  themselves  with  all  necessaries, 
bat  also  considerably  increase  the  means  they 
already  have  of  destroying  the  trade  of  Spain,  as 
has  recently  been  the  case  at  New  York,  whereby 
the  (so  called)  privateers  of  His  Majesty's  re- 
Tolted  provinces,  which  are  in  reality  nothing 
more  than  pirates,  manned  by  the  scum  of  all 
countries,  enjoy  greater  privileges  than  the  ves- 
sels of  independent  Powers. 

I  request  you,  sir,  to  lay  particularly  before  the 
President  the  case  which  now  obliges  me  to 
trouble  you,  in  order  that  his  Excellency,  being 
made  fully  acquainted  therewith,  may  be  pleased 
to  take  such  measures  as  are  within  his  reach  to 
cause  the  provisions  of  the  laws  of  this  Republic 
to  be  carefully  fulfilled,  to  preserve  the  observance 
of  the  neutrality  with  other  Powers,  and  prevent 
the  infraction  of  the  treaty  existing  between  the 
two  nations;  and  thus  avoid  not  only  the  serious 
evils  that  the  said  pirates  cause  to  the  subjects  of 
His  Catholic  Majesty,  but  the  increase  of  the 
difficulties  which  the  two  Governments  are  en- 
deavoring to  overcome,  for  the  purpose  of  estab- 
lishing their  relations  upon  a  more  friendly  and 
permaneut  footing. 

I  flatter  myself  that  you  will  honor  me  with 
your  answer :  and,  reiterating  my  respects,  dec. 
LUIS  DE  ONIS. 

No.  1. 
rEnclosed  in  Don  Luis  de  Onis's  letter  of  November 
2,  1817.] 
Consulate  op  Spain,  New  Yobk, 
September  16, 1818. 

Sir:  Some  days  ago  there  arrived  in  the  port 
of  New  York  an  armed  brig  proceed  inff  from 
Norfolk,  which,  I  have  been  very  credibly  in- 
formed, is  a  vessel  pretending  to  have  a  commis- 
•ion  from  Venezuela,  but  whose  object,  in  coming 
to  this  port,  was  to  procure  an  additional  supply 
of  men  wherewith  to  commit  hostilities  against 
the  subjects  and  possessions  of  the  King  of  Spain. 
A  few  days  ago  I  presented  to  the  collector  of 
the  port  of  New  York  an  affidavit  of  a  man  named 
John  Reilley,  statinff  that  he  had  been  requested 
to  enlist  on  board  of  a  vessel,  which  was  repre- 
•ented  to  him  to  be  the  privateer  schooner  Lively, 
bound  to  Amelia  Island,  to  join  General  Mc- 
Gregor, to  invade  the  territories  of  His  Catholic 
Majesty. 

1  am  now  informed  that  the  brig  abovemen- 
tioned  is  the  vessel  alluded  to,  Reilley  having 
either  been  mistaken  in  the  name,  or  designedly 
deceired  by  the  agents  of  the  privateer.  I  now 
eaclose  the  affidavit  of  John  Fmegan,  by  which 
Tou  will  perceive  that  the  officers  of  the  above 
brig  f  whose  name  is  the  Americano  Libre,  com- 
manded by  Captain  Barnard)  are  enlisting,  and 
have  enlisted,  men  in  this  port  to  proceed  against 
the  Spanish  possessions.  I  have  caused  applica- 
tion to  be  made  to  the  collector,  who  doubts  the 
extent  of  his  authority  in  interfering  with  this 
vessel.  Now,  as  there  must  be  provisions  in  the 
laws  and  treaties  of  the  United  Butes  vesting  an 


authority  in  some  of  its  officers  to  prevent  the 
equipment  of  vessels  and  the  enlistment  Of  mem 
in  the  United  States  to  proceed  against  a  forein 
nation  at  peace  with  the  United  States,  I  mue 
this  application  to  you,  most  urgently  reqnesthif 
you  to  take  whatever  measures  may  be  necettary 
immediately,  in  order  to  prevent  the  departure 
of  the  above  vessel,  at  least  until  she  shall  give 
bonds  that  she  will  not  commit  hostilities  against 
Spanish  subjects.  The  vessel,  it  is  said,  will  sail 
to-morrow  morning. 

Indeed,  if  an  inquiry  were  instituted.  I  am  in- 
duced to  believe  that  the  above  brig  would  be 
found  to  be  a  pirate.    I  have  the  honor,  dbc. 
THOMAS  STOUGHTON. 

J.  FiSK,  Esq.,  U,  S.  District  Attorney, 

Copy :    LUIS  DE  ONIS. 


No.  2. 


[Enclosed  in  Don  Luis  de  Onis's  letter  oCSd  Novem- 
ber, 1817.] 
State  op  New  York,  ss  : 

John  Finegan,  at  present  in  the  city  of  New 
York,  being  duly  sworn,  saith  :  That  he  was  re- 
quested by  a  man,  who  is  represented  to  be  the 
commissary  of  the  vessel  next  mentioned,  to  go 
out  in  the  patriot  brig  now  lying  at  the  quaran- 
tine ground  ;  that  the  destination  of  the  said  ves- 
sel is  to  fight  against  the  Spaniards;  that  the  de- 
ponent was  told,  on  his  arrival  in  the  Spanisii 
possessions,  he  was  to  join  the  land  service  of 
the  patriots ;  that  deponent  knows  of  five  persona 
who  have  been  engaged  in  like  manner,  who  are 
about  to  proceed  on  board  said  brig;  that  depo- 
nent was  told,  that,  as  soon  as  he  gets  on  board, 
he  will  receive  his  advance;  that  officers  are  at 
present  employed  in  the  city  of  New  York,  in 
looking  out  for  men,  and  endeavoring  to  eniiat 
them  to  proceed  in  the  said  vessel. 

JOHN  FINEGAN,  his  x  mark. 

Sworn  this  16th  day  of  September.  1817.  before 
me,  SAMUEL  B.  ROMAINE. 

Es  copia :    THOMAS  STOUGHTON. 
Escopia:    LUIS  DE  ONIS. 

No.  3. 
[Enclosed  in  Don  Louis  de  Oms's  letter  of  8d  Neveni- 
ber,  1817.] 
Consulate  or  Spain,  New  Yoat, 
Sej^ember  17, 1817. 
Sir:  I  enclose  the  deposition  of  John  Reilley, 
relating  to  the  privateer  brig,  about  which  I 
yesterday  had  the  honor  to  address  yoa.    Tim 
will  perceive,  by  the  aflfidavit,  that  officere  belongs- 
ing  to  that  brig  are  openly  employed  in  this  eitj 
in  recruiting  and  enlisting  men  to  join  vith  (3eoe- 
ral  McGregor,  and  invade  the  possessions  of  the 
King  of  Spain. 

I  need  not  remind  you  that,  by  the  ezisliai^ 
laws  of  the  United  States,  these  enlistaaents  are 
unlawful,  and  that  not  only  the  reaael  on  board 
of  which  they  are  to  embark  is  liable  to  seizate 
and  forfeiture,  bat  that  the  captain  and  the  ett- 


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ecn  thereof,  who  are  eogag^ed  in  this  bnsioeOT, 
•re  ImUe  to  t  heevy  ftoe  and  imprtsoomeiit.  As 
these  are  flagrant  Tiolations  of  the  laws  of  the 
United  States,  and  calealated  to  prodnce  serious 
iidnry  to  the  property  and  to  the  possessions  of 
His  Majesty^  subjeets.  I  flatter  myself  that  yon 
will  taxe,  without  delay,  such  steps  as  may  be 
necessary  to  nut  a  stop  to  these  proceedings. 

I  hare  the  honor,  4te. 

THOMAS  STOUQHTON. 

J.  Fi0K,  Esq.,  U.  S.  District  Aitomey. 

Copy:    LUISDBONiS. 


X  No.  4. 

rBncbsed  in  Don  Luis  de  Onis's  letter  of  3d  Novem- 
■■  ber,  1817.] 

State  op  New  Yobk,  City  of  New  Ycrk^  $$: 

John  Beilley,  at  present  of  the  city  of  New 
Totky  mariner,  beiag  duly  sworn,  saith:  That 
none  days  ago,  deponent  was  requested  to  em- 
bark on  ooard  of  a  ? essel  which  was  said  to  be 
tyiBg  at  the  Narrows,  in  the  bay  of  New  York, 
fot  the  purpose  of  going  to  join  Qeoeral  Mo- 
Qfftgor,  and  to  fight  against  the  Spaniards ;  that, 
after  he  arrivea  at  Amelia  Island,  he  might 
«ith«r  join  the  land  service  or  the  naval  service ; 
thai  dieponent  wonld  be  paid  as  soon  as  he 
get  on  board;  that  several  persons  were  en- 
gaged  in  looking  out  focreeruiu  to  proceed  upon 
the  same  serviccLand  maay  men  were  spoken  to 
Ibff  the  purpose.  Deponent  was  then  informed  that 
the  vemel  was  the  privateer  schooner  "  Lively,'' 
bttt  has  since  learned  thai  it  was  a  mistake,  and 
that  the  vessel  in  question  is  the  patriot  brig 
'<  Americano  Libre,"  Captain  Barnard,  wliich  is 
lying  at  quaraatiae  grouad,  and  is  armed  with 
eevetial  kige  guns,  and  nuny  men ;  that  several 
yersonsj  who  are  oflkers,  captains,  lieutenants, 
«ad  eo  forth,  are  at  present  employed  in  recruiting 
men  to  join  that  service,  and  proceed  in  the  said 
brfg  to  Amelia ;  that  many  hands  have  already 
heoa  bespoken,  and  are  now  waiting  for  moaey, 
which  has  been  promised  to  them ;  that  the  offers 
to  them  are  to  give  them  eight  dollars  a  month, 
and  elothing  together  with  ten  or  twelve  dollars, 
in  advance.  Deponent  supposes  that  the  officers 
abovementioned  were  in  treaty  with  about  twenty 
persons,  who  were  to  go  od  board  as  soon  as  their 
advance  was  paid  to  them^  and  which  the  said 
officers  told  them  would  be  during  the  course  of 
the  day ;  among  the  officers  there  is  one  who  is 
called  a  generaL  That  the  above  men  were  told, 
in  dej^nent's  presence,  by  the  officers  who  were 
enlisting  them,  that  they  were  principally  wanted 
to  Join  the  land  service  against  the  royalists. 
And  further  the  deponent  saith  not. 

JOHN  RBILLBY. 

Sworn  this  16th  day  of  September,  1817,  before 
HMs 


F.  R-  TILLON,  N<4ary  PMic. 
Be  eopia:       THOMAS  STOUOHTON. 
Baeopia: 


LUIS  DB  ONiS. 


[Enclosed  in  Don  Lois  ds  Onis's  letter  of  Sd  No 
her,  1817.} 

Nbw  YofiK,  8itj4etnber  17, 1817. 
Sin:  I  have  dulv  received  your  notes  of  yes- 
terday evening  and  of  this  day,  and  have  referred 
to  the  statutes  providing  for  the  punishment  of 
the  offences  stated.  It  is  not  a  case,  from  the 
evidence  mentioned,  that  would  justify  the  col- 
lector in  detaining  the  vessel ;  the  aggression  is 
to  be  punished  in  the  Ordinary  mode  of  proseCli- 
ting  those  who  are  guilty  of  misdemeanors.  Oath 
is  to  be  made  of  the  facts  by  the  complainant, 
who  enters  into  a  recognizance  to  appear  and 
prosecute  the  offenders,  before  any  process  can 
issue.  This  oath  being  made,  and  recoffnizance 
taken,  the  judge  of  the  circuit  court  will  issue  a 
warrant  to  apprehend  the  accused^  and  bring  them 
before  him,  to  be  further  dealt  with  according  to 
law.  When  apprehended,  it  is  the  province  of 
the  attorney  of  the  United  States  to  conduct  the 
prosecution  to  judgment*  I  have  no  authority 
to  administer  an  oath,  or  to  issue  a  warrant,  nor 
have  I  the  power  to  issue  any  process  to  arreit 
and  detain  the  vessel  in  question,  unless  by  the 
direction  of  an  Executive  officer  of  the  United 
States.  By  the  reference  you  have  furnished, 
the  parties  complained  of  are  to  be  prosecuted 
either  under  the  fourth  section  of  the  act  of  Con- 
gress passed  on  the  3d  March,  1817,  or  under  the 
second  section  of  the  act  passed  5th  June,  1791. 
By  adverting  to  these  sUtutes,  it  will  be  seen  that 
the  vessel  is  not  liable  to  seizure  for  the  act  of 
any  person  enlisting  himself  to  go  on  board,  or 
for  hiring  or  retaining  another  person  to  enusl. 
The  punishment  is  personal  to  the  offenders ;  and 
those  who  disclose  the  fact,  on  oath,  within  thirty 
days  after  enlisting,  are  protected  from  prosecu- 
tion. The  offenders  are  to  be  arrested  aiid  prose- 
cuted in  the  manner  I  have  stated.  I  beg  you  to 
be  assured,  sir,  that  it  is  not  from  a  dbposittoa 
either  to  shrink  from  the  performance  of  my  duty, 
or  to  decline  interfering  to  defeat  any  illegal  en- 
terprise against  the  subjects  or  possessions  of  a 
Power  with  whom  the  United  States  are  at  peace, 
that  I  have  stated  to  you  the  embarrassmenu  I 
most  encounter  in  attempting  a  compliance  witb 
your  request  upon  any  information  with  which  I 
am  furnished.  If  it  is  ia  your  power  to  procure 
the  names  of  the  parties,  and  the  eridence  upon 
which  a  prosecution  for  a  misdemeanor  can  be 
founded^!  will  readily  co-operate  with  the  proper 
authorities  in  having  every  offender  arrested  and 
brought  to  justice.  It  is  impracticable  fbr  me, 
or  any  any  other  officer  of  the  United  States^  to 
take  any  legal  measures  aj^inst  aggressors  upon 
the  indefinite  sttitement  of  certain  persons  being 
concerned  in  In  illegal  transaction.  Since  the 
receipt  of  your  notes,  I  have  had  an  interview 
with  the  collector,  and  we  are  unable  to  discover 
any  other  legal  course  of  proceeding  in  this  case 
than  that  adopted  in  the  ordinary  cases  of  misde- 
meanor. I  have  the  honor  to  be.  dec. 

JONATHAN  mtOL 
Thomas  Stooq^ton,  Bsq. 

Escopia:    THOS.  STOUGHTON. 

Copy:         LUIS  DB  ONIS. 


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[EBcloMd  in  Don  Lnk  de  Onit 's  letter  of  8d  NoTem-^ 

ber,  iserj 

CoNSCLATB  or  Spain,  New  York, 
Sejaember  19, 1817. 

Sir  :  I  have  the  honor  to  acknowledge  haying 
xeceived  yesterday  your  letter  dated  the  17th  in- 
stant, in  reply  to  mine  of  the  16th  and  17th, 
wherein  you  mention  tha(  the  case  whereof!  in- 
formed you  in  those  communications  was  not  one 
which  would  justify  the  collector  in  detaining  the 
Tessel ;  that  the  aggression  is  to  be  punished  in 
the  ordinary  mode  of  prosecuting  those  who  are 
jruitty  of  misdemeanors;  that  oath  is  to  be  made 
of  the  facts  by  the  complainant,  who  enters  into 
a  recognizance  to  appear  and  persecute  the  offend- 
ers be^re  any  process  can  issue ;  that  this  oath  be- 
ing made,  and  recognizance  taken,  the  judge  of  the 
circuit  court  will  issue  a  warrant  to  apprehend  the 
accused  and  bring  them  before  him,  to  be  further 
dealt  with  according  to  law;  and  that,  when  ap- 
prehended, it  is  the  province  of  the  attorney  of  the 
united  States  to  conduct  the  prosecution  to  judg- 
ment; that  you  have  no  authority  to  administer 
an  oath  or  to  issue  a  warrant,  nor  have  you  the 
]>ower'to  issue  any  process  to  arrest  and  detain 
the  vessel  in  question,  unless  by  the  direction  of 
an  executive  officer  or  the  United  States. 

In  reply,  permit  me  to  request  that  you  will 
take  this  subject  again  into  your  serious  reflec- 
tion. I  do  not  urge  it  for  the  present  occasion, 
because,  even  though  you  should  upon  consider- 
ation aaopt  a  different  opinion  from  that  which 
you  have  communicated  to  me,  it  is  now  too  late, 
since  the  vessel  in  question  sailed  from  this  port 
this  morning.  But,  sir,  can  it  be  possible  that  the 
doctrine  can  be  correct  which  you  lay  down  in 
your  letter,  and  which  forms  your  reason  for  de- 
clinin|p  to  proceed  against  the  persons  who  were 
enlisting  men  'in  this  city,  with  the  open  and 
avowed  design  of  taking  them  in  a  privateer 
under  the  Venezuela  flag  to  join  with  McGregor, 
and  commit  hostilities  against  the  Spanish  pos- 
sessions? I  furnished  you  with  the  affidavits  of 
two  persons  stating  the  fact,  and  you  will  excuse 
me  in  saying  that  I  cannot  think  the  laws  of  the 
United  States  render  it  incumbent  upon  me  to 
present  mjrself  before  a  judge  of  the  circuit  court, 
and  enter  into  bonds  to  appear  and  prosecute  the 
offenders.  On  the  contrary,  sir,  the  thirty-fifth 
section  of  the  judiciary  act  imposes  upon  the  At- 
torney of  the  United  States  for  each  district  the 
duty  of  prosecuting  all  delinquents  for  crimes  and 
offences  cognizable  under  the  authority  of  the  Uni- 
ted States.  I  conceive,  therefore,  that  as  soon  as 
the  Attorney  of  the  United  StatA  receives  infor- 
mation of  the  infraction  of  the  laws.ilibecomes  his 
duty  to  take  such  measures  as  may  be  necessary  to 
bring  the  offenders  to  justice;  he  is  the  person  who 
must  take  the  witnesses  before  a  judge  or  magis 
trate ;  he  must  become  the  informer ;  he  must  prose 
cute;  that  is,  he  must  take,  or  cause  to  be  taken,  the 
steps  which  are  necessary  to  arrest  the  offenders 
and  bring  them  to  punishment.    I  am  more  con 


tion  of  the  judicitrY  act  diriecU  that  offBadexi 
may  be  imprisoned  by  a  judge  or  maftbtrate,  at 
the  expense  of  the  United  mates,  and  leaves  it 
discretionary  to  the  witness  toap|>ear  and  testify. 
That  act  does  not  require  that  the  informer  should 
enter  into  bonds  to  appear  and  prosecute.  Th« 
offence  of  which  I  have  complained  is  of  a  most 
serious  nature.  The  United  States  should  not 
afford  means  to  one  nation  at  peace  with  them  to 
annoy  and  invade  another  nation  also  at  peace 
with  them.  And  it  becomes  the  duty  of  all  the 
officers  of  the  United  States,  as  they  value  the 
reputation  and  the  interest  of  their  country,  to 
discharge  with  alacrity  and  zeal  those  duties  aa- 
signed  to  them,  which  can  preserve  the  neutralitf 
of  their  country,  and  prevent  its  becoqiing  tlie 
centre  of  reunion  for  the  enemies  of  Spain,  and 
to  prevent  their  own  citizeQs  joining  in  measures 
of  hostility  and  aggression,  it  is  a  matter  of  no- 
toriety that  the  insurgent  Qovemments  of  South 
America  all  have  their  agents  in  this  country : 
that  swarms  of  privateers  are  fitted  out,  armeCL 
and  equipped  for  war  in  the  United  States;  and 
all  the  injuries  and  desolation  committed  bf 
them  upon  the  Spanish  commerce  emanate  from 
the  facilities  which  they  find  in  the  United  States 
to  prepare  themselves  for  these  outrages.  Andi 
sir,  Congress  having  passed  laws  readering  these 
acts  illeffal,  I  cannot  admit  that  individuals  most 
undertake  the  task  of  informing  against  and  pros- 
ecuting the  offenders.  These  offences  are  against 
the  dignity  of  the  country ;  they  affect  the  eoia-' 
mitnity  at  large.  I  cannot,  therefore,  brine  my* 
self  to  believe  that  it  is  the  province  of  Individw- 
als  to  bind  themselves  to  prosecute  offenders^aoT 
more  than  I  can  think  it  is  the  duty  of  an  ind^ 
vidual  who  gives  information  that  a  murder  bat 
been  committed  to  enter  into  bonds  to  proseente 
the  murderer.  No,  sir ;  the  laws  must  haveeefr- 
fided  this  odious  but  necessary  task  to  its  publie 
officers ;  they  must  see  that  offenders  are  brougltf 
to  punishment;  and,  sir,  I  do  ftiHher  ooosider 
that  this  duty  has  by  law  been  devolved  aj^ 
you«  Regreuing,  therefore,  that  this  expedition 
has  been  permitted  to  proceed  unmolested,  no^ 
withstanding  the  information  which  I  commonf- 
eated  to  you,  you  will  excuse  me  if,  on  all  future 
occasions  of  a  similar  nature,  I  should  renew  my 
application  to  you  to  prevent  a  new  aggression. 
I  beg  you  to  be  assured,  dbe., 

THOMAS  STOUGHTON. 
J.  FisK,  Esq.,  U.  S.  District  Attorney. 

Bs  copia :       LUIS  DE  ONIS. 


The  ChevaHer  de  Onia  to  the  Secretary  of  State. 
PeiLAosLPHiA,  Nov.  2, 1817. 
Sir  :  I  have  just  received  a  statement,  dated 
the  14th  of  July,  addressed  to  me  by  the  directors 
of  the  Royal  Philippine  Company  at  Madrid,  in- 
forming me  of  the  unfortunate  fate  of  two  ships 
belonging  to  the  said  company,  the  one  named 
"Nuestra  Sefiora  del  Buen  Suceso,"  alias  <'La 
Esperaaza/'  and  the  other  "  El  Triton,"  captured 
Kua  oriog  mem  to  punisnment.    i  am  more  con-   the  first  on  the  8th  of  June  last,  the  day  on  whick 
firmed  in  this  belief,  because  the  thirty-third  sec- J  she  sailed  from^  Cadiz  for  Calcutta  and  Uanillai 


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Xtgal  Armameni$^Amdia  hUnd. 


bf  the  pretended  inetirgeBt  priTateers  ^  La  Inde- 
pendencia  del  Sad,"  commaoded  by  James  Cbay- 
tor.  of  18  guns  and  one  traFersiog  42  pounder ; 
and  the  Mangore,  under  the  orders  of  the  same 
Cbaytor,  of  14|^ns  and  one  trarersing  36  pound- 
er \  and  the  ship  "*  Triton,''  from  Calcutta  and 
the  coast  of  Coromandel,  which  was  captured  off 
the  Cape  de  Verd  islands,  afler  a  gallant  defence 
of  two  hours  and  a  half,  ;n  which  she  lost  ttl^enty 
killed,  and  spruo|f  her  foremast,  by  a  priTaieer  (of 
the  same  description  as  the  two  alK>Te  mentioned) 
called  the  Rmnt,  alias  Trepacamara,  command- 
ed by  one  Manson,  who,  when  scTcnteen  days 
one  from  Baltimore,  fell  in  with  the  *' Triton," 
and  conducted  her  as  a  prize  to  Buenos  Ayres, 
wkere  she  arrtTed  on  the  2d  day  of  April  last, 
according  to  the  advices  received  by  the  under- 
writers at  Lloyd's  from  their  agent  at  Buenos 
Ayret. 

The  directors  of  the  Royal  Philippine  Com- 
{Many,  in  giving  me  an  account  of  these  distres- 
aing  events,  inform  me  that  the^  have  understood, 
by  the  advices  which  I  have  given  to  the  princi- 
pal Secretary  of  State  of  the  King,  my  master, 
that  Captain  James  Cbaytor,  of  the  piratical  ves- 
aei  ^  La  Independeneia  del  Sud,"  kept  depending 
a  demand  made  at  the  instance  of  the  Spanish 
Consul  at  Norfolk,  relative  to  the  safe-keeping  of 
certain  Spanish  property  deposited  in  the  custom- 
bouse  of  that  port  by  the  above-named  pirate,  and 
OHO  called  the  **  Ahavela  f  whence  it  is  incontes- 
tnbly  proven  that  the  armanent  of  *^La  Indepen- 
deneia del  Sud**  is  made  in  the  ports  of  these 
Biates,  and  that  the  captain^  officers,  and  the 
greater  part  of  her  crew,  are  likewise  subjects  of 
tha  same  States,  From  presumptiye  causes  and 
oiroopBstances,  tbey  suppose  that  the  other  priva- 
teer may  be  the  '^CU^ntj^oitda  '*  Trenacamara," 
Captain  Blaason,  which  vessel  sailed  from  Balti- 
more seventeen  days  previous  to  his  capturing  the 
"TritoB," 

I  have  repeatedly  found  myself  under  the  pain* 
taX  necessity  of  representing  to  the  President, 
Ikrongh  the  medium  of  your  predecessors,  that 
tiM  fourteenth  article  of  the  treaty  between  His 
CnlhoUc  Majesty  and  the  United  States  esub- 
liakes  the  most  positive  right  of  reclamation  on 
Ibo  €k>vemment  and  those  citizens  who  have  ta- 
koa  or  do  take  part  in  the  numerous  armaments 
of  privateers  which  hafe  taken  place  In  the  ports 
of  this  Republic,  under  cover  of  the  pretended 
eoBtmissions  so  profusely  circulated  by  the  insur- 
goBts  of  the  revolted  provinces  of  the  King,  my 
mmster,  to  attack  openly  and  in  a  barefaced  man- 
ner the  subjecu  and  commerce  of  Spain;  and 
tbat  the  same  article  declares  those  to  be  pirates 
who  engage  in  these  horrid  cruises^  and  conse- 
miently  oblifles  the  contracting  parties  to  punish 
tneni  a»  suchf  as  a  just  atonement  for  their  oflfen- 
eea.  On  the  2d  and  15th  of  January,  and  on  the 
Ii9tli  of  March  last,  I  officially  addressed  your  im- 
medinle  predeceasor,  and  remonstrated  against 
the  robberies  and  outrages  committed  by  various 
primteers,  and  among  others,  by  those  called 
^Independeneia  del  Sud"  and  *' Mangore,"  the 
eaptnina  of  which,  James  Cbaytor  and  Barnes, 


are  citizens  of  these  States.  In  the  note  trans* 
mitted  to  the  Secretary  on  the  4th  of  Marclr, 
[14lh  March  J I  found  myself  under  the  necessity, 
in  consideration  of  the  excesses  committed  against 
the  subjects  of  the  King,  my  master,  and  ofthose 
which,  through  the  impunity  and  toleration  of  v 
some  of  the  authorities  of  this  country,  were  about 
to  be  repeated  by  vessels  bought,  armed,  manned, 
and  equipped  in  the  ports  of  this  Republic,  in  vio- 
lation of  the  laws  of  nations,  of  the  express  stipu* 
Utions  of  an  existing  treaty,  and  of  the  rights  of 
humanity }  and  in  discharge  of  my  duty,  I  was 
laid  under  the  necessity,  I  say,  of  representing  and 
remonstrating,  in  the  name  of  my  Sovereign,  on 
the  subject  of  the  injuries  and  losses  which  had 
already  resulted,  and  might  further  result,  to  his 
subjects;  and,  at  the  same  time,  of  protesting 
against  the  authors  of  the  same.  The  capture  en 
the  ship  ^^Esperanza"  has  been  one  of  the  fatal 
consequences  of  allowing  the  privateer  **lnde- 

Krndencia  del  Sud"  to  proceed  freely  to  sea  from 
orfolk,  after  His  Catholic  Majesty's  Consul. 
Don  Antonio  Argote  Viltalobos,  had  made  proof  ot 
the  illegal  conduct  and  atrocious  acts  of  her  eap> 
uin,  James  Cbaytor ;  and  that  of  the  ship  ^  Tri- 
ton" proceeds  likewise  from  toleration  granted  in 
this  country  of  arming  and  equipping  against  the 
trade  of  Spain ;  under  which  supposition,  I  can* 
not  refrain  from  stating  to  you,  in  order  that  yoa 
may  be  pleased  to  communicate  the  same  to  the 
President,  that  the  aforesaid  Royal  Company  oi 
the  Philippines  have  an  incontestable  riabt  to 
claim  of  tfais  Republic  full  compensation  tor  the 
value  of  the  said  ships  and  cargoes,  by  reason  of  the 
armament  of  the  privateers  which  captured  them 
having  been  made  in  its  ports. 

I  have  the  honor  to  enclose,  for  the  suitable  pur- 
poses, a  note  of  the  articles  shipped  on  board  the 
^  Esperanza,"  at  Calcutta  and  Manilla,  for  the 
account  of  the  Royal  Philippine  Company,  and 
of  the  return  cargo  of  the  ^  Triton,"  from  Ben* 
gal  and  the  coast  of  Coromandel  to  Cadiz ;  which 
sums  united,  amount,  according  to  the  invoice, 
to  that  of  seven  hundred  and  one  thousand  nine 
hundred  and  eighty  dollars ;  to  which  is  to  be 
added  an  interest  of  fifteen  per  cent,  on  the  dis- 
bursement of  the  amount  of  the  cargo  of  the 
"^  Triton,"  for  the  period  of  one  year  and  a  half, 
and  of  six  per  cent,  in  Europe  on  the  cargo  or 
the  ^  fiisperaoza." 

I  hope  vou  will  take  into  consideration  the 
contents  or  this  note,  and  be  pleased  to  call  the 
attention  of  the  President  to  the  interesting  sub- 
ject treated  of  in  it,  that  His  Catholic  Majesty 
may  adopt  such  measures  as  his  wisdom  may  die* 
tate  to  him,  for  the  purpose  of  collecting,  as  far 
as  it  may  bepossible,  any  parts  of  the  two  prizes 
above  nam^  for  the  benent  of  their  owners,  and 
at  the  same  time,  giving  orders  to  the  competent 
authorities  in  the  ports  of  this  Republic  to  dis- 
cover such  effects  as  may  arrive,  making  part  of 
the  same. 

I  therefore  hope  this  from  your  established 
zeal,  and  the  well  known  rectitude  of  the  Presi- 
dent, deferring  to  my  return  to  the  Seat  of  Qov- 
emment  the  verbal  communication  of  a  plan 


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APPSNDIX. 


iM4 


Nopal  ArmamefU  on  the  Lakes, 


which  I  have  meditated,  from  a  desire  to  settle 
amicahly  aQ  affair  of  such  importance. 
I  avail  myself,  dbc., 

LUISDEONIS. 


NAVAL  ARMAMENT  ON  THE  LAKES. 

[Commanicated  to  the  Senate,  April  6,  1818.] 
To  ike  Senate  of  the  United  States  .• 

Ad  arrangement  having  been  made  and  con 
eluded  between  this  Government  and  that  of 
Great  Britain,  with  respect  to  the  naval  arma- 
ment of  the  two  Governments,  respectively,  on 
the  lakes,  I  lay  before  the  Senate  a  copy  of  the 
correspondence  upon  that  subject,  including  the 
stipulations  mutually  agreed  upon  by  the  two 

girties.  I  submit  it  to  the  consideration  of  the 
eoate  whether  this  is  such  an  arrangement  as 
the  Executive  is  competent  to  enter  into  by  the 
powers  vested  in  it  by  the  Constitution,  or  is  such 
a  one  as  requires  the  advice  and  consent  of  the 
Senate,  and,  in  the  latter  case,  for  their  advice 
and  consent,  should  it  be  approved. 

JAMES  MONROE. 
Apbil  6, 1818. 

Mr.  Bagotf  Envoy  Extraordinary  and  Minister  Plen- 
^foieniiary,  to  Mr,  Monroe,  Secretary  of  State, 

Washington,  July  26,  1816. 

Sir:  Mr.  Adams  having  intimated  to  His 
Majesty's  Grovernment  that  it  was  the  wish  of 
the  Government  of  the  United  States  that  some 
understanding  should  be  had,  or  agreement  en- 
teied  into,  between  the  two  countries,  in  regard 
to  their  naval  armaments  upon  the  lakes,  which, 
while  it  tended  to  diminish  the  expenses  of  each 
country,  might  diminish  also  the  chances  of  col- 
lision, and  prevent  any  feelings  of  jealousy,  I 
have  the  honor  to  acquaint  you  that  I  have  re- 
ceived Lord  Castlereagh's  instructions  to  assure 
you  that  His  Royal  Highness  the  Prince  Regent 
will  cheerfully  adopt,  in  the  spirit  of  Mr.  Adams' 
suggestion,  any  reasonable  system  which  may 
contribute  to  the  attainment  of  objects  so  desira- 
ble to  both  States.    ' 

Mr.  Adams  not  having  entered  into  any  de- 
tailed explanation  of  the  precise  views  of  his 
Gbyernraent  for  giving  effect  to  the  principle 
which  he  had  offered  for  consideration,  the  Brit- 
ish Government  is  unacquainted  with  the  par- 
ticular arrangemea^jphich  the  Government  of 
the  United  States  «wuld  propose  to  make  for 
this  purpose  ;  but  I  have  been  instructed  to  as- 
sure you  of  the  general  disposition  of  His  Royal 
Highness  the  Prince  Regent  to  listen  with  satis- 
faction to  any  proposal  which  may  secure  such 
•nds,  and  of  his  readiness  to  act  in  a  spirit  of  the 
most  entire  confidence  upon  the  principle  which 
has  been  suggested  by  Mr.  Adams. 
~I  have  the  honor  to  be.  dbe* 

CHARLES  BAGOT. 

Hoiiu  Jambs  Mokrob. 


Mr,  Monroe  to  M*.  Bagot, 
*  Department  op  Statb, 

Auguit  2, 181^ 

Sir  :  I  have  bad  the  honor  to  receive  your  let- 
ter of  the  26th  of  Jul^,  by  which  you  infonn  me 
that  Mr.  Adams  had  intimated  to  your  Gk>vera- 
msat  the  desire  of  the  President  to  arrange,  by 
compact,  the  naval  force  which  should  be  re- 
tained on  the  lakes  by  both  nations,  with  a  view 
to  lessen  equally  the  expense  of  each,  and  like- 
wise to  ffuard  against  collision,  but  that  he  bad 
not  explained  in  sufficient  detail  the  piMosal 
which  he  had  been  authorized  to  make,  to  lemd, 
at  that  time,  to  any  practical  result.  Tou  as- 
sure me  that  His  Royal  Highness  the  Prinee 
Regent  is  well  disposed  to  the  object,  and  that, 
in  concert  with  this  Government,  he  is  willmg 
to  adopt  such  measures  as  may  be  deemed  expe- 
dient to  give  it  effect. 

The  President^  being  satisfied  that,  if  each 
nation  should  maintain  on  the  lakes  a  large  na- 
val force,  it  would  expose  both  to  coasiderable 
and  useless  expense,  while  it  would  multiply  the 
risks  of  collision  between  them,  instracted  Mr.' 
Adams,  shortly  after  the  peace,  to  make  the  pro- 
posals which  you  mention^  in  the  hope,  from  the 
amicable  spirit  in  which  it  was  conceived,  aad 
the  advantage  which  it  was  believed  both  par- 
ties would  derive  from  it,  that  it  might  be  carried 
into  immediate  effect,  it  is  very  satisfaetary  la 
the  President  to  find  that  your  Government  ap- 
proves the  principle  on  which  the  proposal  u 
founded,  and  that  His  Royal  Highness  the  Prince 
Regent  is  willing  to  act  on  iL 

I  infer  from  your  letter  that  yoa  ai«  desiroat 
of  obtaining  a  precise  project,  either  for  the  pur- 
pose of  acting  on  it  here  immediately,  ia  om- 
formity  with  the  powers  already  given  you,  or 
of  transmitting  it  to  your  GbverameBt  for  its 
consideration.  Whether  it  be  for  the  one  or  the 
other  purpose,  I  am  instructed  to  afford  all  the 
facility  that  1  may  be  able;  though  it  wonki, 
undoubtedly,  be  more  agreeable  to  the  Presldeat 
that  the  arrangement  should  be  made  and  eze- 
cuted  with  the  least  delay  possible. 

1  have  the  honor  now  to  state  that  Uie  Preii* 
dent  is  willing,  in  the  spirit  of  the  peaee  whM 
so  happily  exists  between  the  two  nattona,  aai 
until  the  proposed  arrangement  shall  be  eaa- 
celled,  in  the  manner  hereiaafter  atiggested,  to 
confine  the  naval  force  to  be  maiatatned  oa  the 
lakes,  on  each  side,  to  the  following  vessdb: 
that  is,  on  Lake  Ontario^  to  x>oe  vesaci  noit  ex- 
ceeding one  hundred  tons  bordeni,  and  ooa  eight- 
een-pound cannon ;  and  on  the  up|wr  lakes,  le 
two  vessels  of  like  burden  and  force ;  aad  on  ^ 
waters  of  Lake  Champlain)  to  one  TtsMl  not 
exceeding  the  like  burden  and  force;  andtkat 
all  other  armed  vessels  oa  those  lakes  shall  be 
forthwith  dismantled;  and,  likewise,  that n^kar 
party  shall  build  or  arm  any  other  veaael  oa  the 
shores  of  those  lakes. 

That  the  naval  £oree  thua  retained  by  each 
party  on  the  lakes  shall  be  restricted  in  iudoty 
to  the  protection  of  its  revenue  laws,  the  \ 


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APPENDIX. 


IMI 


Nq9(&  drmametd  tm  ^  Lota. 


portation  of  troops  And  goodt,  and  to  soch  other 
terviees  as  will  in  bo  respect  interfere  with  the 
armed  vessels  of  (he  other  party. 

That  should  either  of  the  parties  be  of  opin- 
ion, hereafter,  that  this  arrangement  did  not  ac- 
complish the  object  intended  hy  it^  and  be  desi- 
rous of  annailing  it,  and  give  notice  thereof,  it 
shall  be  void  and  of  no  effect  after  the  expira- 
tion of moBihs  from  the  date  of  such  notice. 

If  this  project  corresponds  with  the  riews  of 
your  Government,,  and  you  are  authorized  to  ac- 
cede to  it,  under  any  modifications  which  you 
may  propose,  and  in  which  we  can  agree,  I  am 
instructed  to  give  it  immediate  effect,  either  by 
convention,  the  interchange  of  notes,  or  in  any 
form  which  may  be  thought  best  adapted  to  the 
ends  proposed.  If,  on  the  other  hand,  you  con- 
sider It  your  doty  to  submit  this  project  to  your 
Qovemment  for  consideration,  and  to  wait  its 
sanction  before  you  can  adopt  it,  and  have  power 
to  make,  ad  interim^  any  provisional  reciprocal 
arrangement,  havin|f  the  same  objects  in  view^  I 
shall  be  happy  to  djgest  with  you  such  provis- 
ional arrangement,  and  to  carry  it  reciprocally 
into  effect,  tor  such  time,  and  in  such  manner,  as 
may  be  agreed  on ;  or,  should  your  powen  be 
adequate,  1  am  ready  to  concur  in  an  immediate 
suspension  of  any  further  construction  or  equip- 
ment of  armed  vessels  for  any  of  the  waters 
above  named. 

I  have  the  honor  to  be,  dbc. 

JAMES  MONROE. 

Right  Hon.  Cbarleb  Baqot,  f  c. 

Mr.  Bagat  U  Mr.  Monroe. 

WAaaiHQTOR,  Auguit  6, 1816. 

6rB :  I  have  had  the  honor  to  receive  your  let- 
ter of  the  Sd  instant,  containing  the  project  of 
an  arrangement  into  which  it  is  proposed  that 
our  respective  Governments  should  enter,  for  the 
purpose  of  giving  effect  to  the  principle  upon 
which  I  haathe  honor  to  acqdamt  you,  in  my 
letter  of  the  26th  uiikao,  that  His  Royal  High- 
ness the  Prince  Regent  was  willing  to  act  in 
respect  to  the  naval  armaments  upon  the  lakes. 

The  geneiml  coincidence  of  sentiment  which 
esiau  between  our  Governments,  in  regard  to 
enieriiig  into  some  arrangement  upon  this  sQb> 
jeeti  pves  reason  to  hope  that  the  several  parts 
of  it  wiU  become  matter  of  easy  adjuscmeat ;  but 
as,  So  the  eonii40iation  of  any  precise  proposi- 
tion to  this  e£^t^  reference  must  necessarily  be 
bad  to  various  points  connected  with  the  internal 
adnlnistratioB  of  His  Majesty's  provinces,  and 
to  the  naval  aisistaace  which  the  ordinary  ousi- 
naaa  of  a  Peaee  Bstablishmeat  may  reauire,  I 
•m  sot  aatliorijed  to  coadude,  definitively,  any 
mgnemtuz  as  to  details,  without  previously  sab- 
Btltiog  it  ID  my  Government. 

1  shall,  thercfere,  imanediately  forward  for 
eonaideraiioa  the  proposal  contained  in  your  let^ 
ter ;  but  I  shall,  in  the  meantime,  willii^ly  take 
ttpoo  mypelf  to  give  effect  to  any  arrattffement 
apoD  which  we  Biay  mutaaUy  agree,  for  the  p«f- 
poia  of  BQspeading  the  farther  eonttrvotion  and 


eosipment  of  armed  vessels  upon  the  lakes,  and 
of  generally  abstaining  from  exertion  in  tboee 
quarters. 

I  have  the  honor  to  be,  &c. 

CHARLSe  BAGOT. 

Hon.  Jambs  Monrob,  ^c. 

36*.  Monroe  to  Mr.  BagoU 
Dbpartmbnt  of  Statb,  Aug.  12, 1816. 

Sir  :  I  have  had  the  honor  to  receive  your  let* 
ter  of  the  6th  of  this  month,  by  which  you  in- 
form me  that,  although  vou  have  full  confidence 
that  an  agreement  will  be  finally  entered  into  by 
our  Governments  to  limit  in  a  satisfactory  man- 
ner the  naval  force  to  be  maintained  by  them  on 
the  lakesi  you  consider  it  your  duty  to  submit  to 
your  Government  the  project  which  I  iatelj 
communicated  to  you  to  that  effect,  and  to  wait 
its  orders,  before  you  can  proceed  to  make  a  de- 
finitive arrangement  on  the  subject.  You  inti- 
ihate,  however,  that  you  are  willing  to  give  efl^t 
to  any  arran^^ement  on  which  we  may  agree,  for 
suspending,  m  the  meantime,  the  further  con- 
struction and  equipment  of  armed  vessels  on  the 
lakes,  and  for  absuining  from  further  exertion 
there. 

To  this  delay  no  objection  is  enterUined,  pro- 
vided such  a  provisional  arrangement  Is  made  as 
may  accomplish  the  just  objects  which  our  Gov- 
ernments have  in  view.  This  arrangement,  how- 
ever, like  the  other,  should  be  equal.  In  the 
same  spirit  therefore,  I  now  propose  the  regula- 
tions stated  in  my  former  note  to  be  adopted  ema 
provisional  arrangement.  If  your  powers  au- 
thorize, and  you  approve  those  regulations,  on 
being  assured  that  vou  will  adopt  a  similar  mea- 
sure, an  order  will  be  immediately  issued  by  this 
Grovernment  for  carrying  them  fully  into  effect. 

If  your  powers  do  not  extend  to  this  object, 
but  are  confined  exclusively  to  the  suspension  of 
the  further  augmentation  of  the  naval  force  on 
the  lakes,  I  have  then  to  observe,  that,  on  re- 
ceiving from  you  a  statement  of  the  force  which 
your  Government  now  has  on  the  lakes,  with  an 
assurance  that  its  further  augmentation  shall  be 
suspended,  an  order  will  be  immediately  issued 
by  this  Government  for  confining  the  naval  force 
or  the  United  States  there  strictly  within  the 
same  limit. 

I  have  the  honor  to  be,  dbc. 

JAMES  MONROB. 

Right  Hon.  Cbarlb8  Baqot,  ^ 

M-.  Bagi4  to  JM.  Mmroe. 

WABBiMOTOif,  August  18, 1816. 
Sib  :  I  have  had  the  honor  to  receive  your  let- 
ter of  yesterday's  date.  For  the  same  reasons 
which  I  have  assigned  in  the  letter  which  I  had 
the  honor  to  address  you  on  the  6th  instant,  I 
conceive  that  I  am  not  authorized  to  make^  even 
provisionally,  any  precise  agreement  as  to  the 
exact  manner  in  which  the  respective  naral  forces 
upon  the  lakes  shall  be  limited ;  as,  in  may  soeh 
agreement,  whether  pemwiaat  or  pimtioMli  la^ 


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Mamd  Arnummd  om  ihg  hdkn. 


arenee  mast  eqoalljr  be  bad  to  the  arrangements 
of  a  Peace  Establishment  and  the  ordinary  ad- 
ministration  of  His  Majesty's  proTinees. 

I  am  not  in  possession  of  a  correct  statement 
of  His  Majesty's  nafal  force  now  in  commission 
upon  the  lakes,  bat  I  will  take  the  earliest  means 
or  procaring  and  commanicating  to  yoo  the 
most  accurate  information  upon  this  point;  and 
I  can,  in  the  meantime,  gire  yoa  the  assurance 
that  all  further  aagmentation  of  it  will  be  im- 
mediately suspended. 

i  iiave  the  honor  to  be,  &c. 

CHARLES  BAGOT. 

Hon.  Jambs  Mon rob,  ^c. 

T%t  $amt  to  the  aamc 
Wasbington,  Nnfeniber  4, 1816. 

Sia:  In  conformity  with  the  arrangement 
mede  between  us  in  oar  correspondence  of  the 
Idib  and  13ih  of  August  last,  I  have  now  the 
honor  to  enclose  to  you  an  account  of  the  actual 
atate  of  His  Majesty's  naval  force  upon  the 
Jakes;  and  to  acquaint  vou  that  ite  further  aug- 
mentation is  suspended  until  the  sentiments  of 
His  Majesty's  Government  upon  the  pnnect  con* 
talned  in  vour  note  of  the  oih  [2d]  of  August 
(and  which  I  have  transnutted  to  Lord  Castle- 
reagb)  are  known. 

I  have  the  honor  to  be,  dtc. 

CHARLES  BAGOT. 

Hon.  James  Monrob,  ^c. 


^Statement  of  HU  Mmuiy'9  naval  firee  on  the  Lakee 
tf  Canada,  September  I,  1816. 

on  lakb  ontabio. 

St.  Lawrence,  can  carry  110  guns,  laid  up  in 
ordioarv. 

Psyche,  can  carry  50  guns,  laid  up  in  ordinary. 

Princess  Charlotte,  can  carry  40  guns,  laid  up 
in  o>dioary. 

Niagara,  can  carry  20  guns,  condemned  as  unfit 
for  service. 

Charwell,  can  carry  14  guns,  hauled  up  in  the 
mud ;  condemned  likewise. 

Prince  Regent^  can  carry  60  guns,  in  commis- 
sion, but  unequipped,  being  merely  used  as  a 
barrack  or  receiving  ship,  and  the  Commander 
in-cbiePs  headquarters. 

Montreal,  in  commission,  carrying  6  guns; 
used  merely  as  a  transport  for  the  service  of  His 
Majesty. 

Star,  carrying  4  guns ;  used  for  current  duties 
onlv,  and  unfit  for  actual  service. 

Netley,  schooner,  carrying  no  guns ;  attached 
for  the  most  part  to  the  surveyors,  and  convey- 
ing His  Majesty's  servants  from  port  to  port.     ^ 

There  are,  besides  the  above,  some  row-boats, 
capable  of  carrying  long  guns;  two  74-gun  ships 
OB  the  stocks,  and  oiie  transport  of  four  hundred 
tons,  used  for  conveying  His  Majesty's  stores  from 
port  to  port« 

ON  LAKB  BRIE. 

Teenraseh  and  Newark,  carrying  four  guns  each; 
aid  HAiroa  and  Sauk,  which  can  carry  one  gan 


each.  These  vessels  are  used  principallv  to  con* 
vey  His  Majesty's  servants  and  stores  rrom  port 
to  port. 

OV  LAKB  HUBON. 

The  Confiance  and  Surprise  schooners,  which 
may  carry  one  gun  each,  and  are  used  tor  pur- 
poses of  transport  only. 

on  LAKB  OBAMPLAIN. 

Twelve  gun-boats;  ten  of  which  are  laid  up  in 
ordinary,  and  the  other  two  (one  of  which  mounts 
four  guns,  and  the  other  three  ffuns)  used  as 
guard-boats.  Besides  the  above,  there  are  same 
small  row-boats,  which  are  laid  up  as  unfit  for 
service. 

Keel,  stem,  and  stern-post  of  a  frigate,  laid  down 
at  the  Isle  auz  Noiz. 

J.  BAUMGARDT, 
Captain  H.  M.  §hip  Prince  Begeni^  fc 

Jv*.  Monroe  to  Jw*.  Bagei* 
Dbpartmbbt  of  Statb,  Abv.  7, 1810. 

Sir:  I  have  received  and  laid  before  the  Prea- 
ident  your  letter  of  the  4th  instant,  in  which  you 
do  roe  the  honor  to  give  me  an  account  of  the 
actual  state  of  His  Britannic  Majesty's  naval 
force  on  the  lakes,  with  an  assurance  that  its 
further  augmentation  is  suspended  until  the  een- 
timents  of  your  Government  upon  the  proj^t  con- 
tained in  my  note  of  the  5th  [^d]  of  August  are 
known. 

As  this  proceeding  is  in  conformity  to  one  of 
the  propositions  heretofore  made  by  me,  I  have 
now  the  honor  to  enclose  to  you  an  account  ^ 
the  actual  state  of  the  naval  force  of  the  United 
States  on  the  lakes,  and  to  assure  voo  that  or- 
ders will  be  immediately  given  by  this  Govern- 
ment to  prevent  any  augmentation  of  it  beyond 
the  limit  of  the  British  naval  force  on  those 
waters.    I  have  the  honor  to  be,  ^. 

JAMES  MONROE. 

The  tame  to  ike  eame. 

Dbpabtmbnt  of  Statb,  No9,  d,  1810. 
Sib  :  I  have  the  honor  to  inform  you  that  the 
orders  alluded  to  in  my  letter  <tf  yesterday's  data, 
in  relation  to  the  naval  force  on  the  lakes,  have 
been  given  by  this  Department.    I  am,  dbe. 

JAMBS  MONROB. 


».  Bagot  to  Mr.  Monroe. 

NOVBMBBB  8,  1816. 

Sib:  In  the  statement  of  the  American  naval 
foree  upon  the  lakes,  which  I  yesterday  morn- 
ing received  from  you,  at  your  office,  in  exchange 
for  a  similar  statement  at  the  same  time  delivered 
to  yoa  of  the  naval  foree  of  His  Majesty,  I  ob- 
serve that  no  return  is  made  of  any  force  upon  the 
upper  lakes. 

1  shall  be  much  obliged  to  yoo.if  vou  will  have 
the  goodness  to  acquaint  me  whether  the  foree 
upon  those  lakes  is  oomprehended  in  the  return 


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JkPEBfDDL 


Nmal  ArmmneiU  on  lii  Lakm. 


of  that  opoa  Lalce  Erie.    I  bare  the  hoBor  to 
be.  Ac.  CHARLES  BAGOT. 

kion.  Jahm'Moiibob,  Ac 


Jfr*.  Monroe  to  Mr,  Bagot. 

NOT£MBCR  8, 1816. 
Sib:  I  hasten  to  iDform  yoa. in  replv  to  yoar 
letter  of  thit  date,  that  the  Daval  force  of  the  Uni- 
led  States  upon  the  upper  lakes  is  comprehended 
Ib  the  return  of  that  upon  Lake  Erie,  which  I 
gave  to  yoo  yesterday.  I  have  the  honor,  &c. 
JAMES  MONROE. 

Mr.Biiig9iio  Mr.Buok,  Acting  Seeniary  ofStait. 
Wabbimoton,  April  28, 1817. 

The  undersigned,  His  Britannic  Majesty's  En- 
Toy  Extraordinary  and  Minister  Plenipotentiary, 
has  the  honor  to  acquaint  Mr.  Rush  that,  haying 
laid  before  His  Majesty's  Government  the  corre- 
spondence which  passed  last  year  between  the 
Secretary  of  the  Department  of  State  and  the 
undersigned,  Upon  the  subject  of  a  proposal  to 
ndace  tne  naval  force  of  the  respective  countries 
BpoB  the  American  lakes,  he  has  reeeived  the 
amnmands  of  His  Royal  Highness  the  Prince  Re- 
fent  to  acquaint  the  Government  of  the  United 
States  that  His  Royal  Highness  is  willing  to  ac- 
cede to  the  proposition  made  to  the  undersigned 
\n  the  Secretary  of  the  Department  of  Sute,  in 
kia  note  of  the  2d  August  last. 

His  Royal  Highness,  acting  in  the  name  and 
OB  behalf  of  His  Majesty,  agrees  that  the  naval 
force  to  be  mainUiined  upon  the  American  lakes 
by  His  Majesty  and  the  Govemmeni  of  the  Uni- 
ted States  shall  henceforth  be  confined  to  the 
Ibilowiog  vessels  on  each  side;  that  is: 

On  iMt  Ontario,  to  one  vessel,  not  exceeding 
Me  hundred  tons  burden,  and  armed  with  one 
eighteen  pound  cannon. 

On  the  upper  lakes,  to  two  vessels,  not  exceed- 
ing like  burden  each,  and  armed  with  like  force. 

On  the  waters  of  Lake  Champlain,  to  one  ves- 
sel, not  exceeding  like  burden,  and  armed  with 
like  force. 

And  His  Royal  Highness  agrees,  that  all  other 
arnaed  vessels  on  these  lakes  shall  be  forthwith 
dismantled,  and  that  no  other  vessels  of  war  shall 
be  there  built  or  armed. 

His  Royal  Highness  further  agrees,  that,  if 
either  party  should  hereafter  be  desirous  of  annul- 
ling this  stipulation,  and  should  give  notice  to 
that  effect  to  the  other  party,  it  shall  eeaae  to  be 
binding  after  the  expfration  of  six  moaths  from 
the  date  of  such  notice. 

The  undersigned  has  it  in  command  from  His 
Royal  Highness  the  Prince  Regent  to  acauaint 
the  American  Government  that  His  Roval  tiigh- 
Beas  has  issued  orders  to  His  Majesty's  officers 
on  the  lakes,  directing  that  the  naval  force  so 
to  be  limited  shall  be  restricted  to  such  services 
as  will  in  no  respect  Interfere  with  the  proper 
duties  of  the  armed  vessels  of  the  other  party. 

The  undersigned  has  the  honor  to  renew  to 
Mr.  Rush  the  assurances  of  bis  highest  coosider- 
ttion.  CHARLES  BAGOT. 


Mt.B^iom.Bogtt. 
Dbpabtmbht  op  Statb,  AprU  29, 1817. 

The  undersigned,  acting  Secretary  of  State, 
has  the  honor  to  acknowledge  the  receipt  of  Mr. 
Bagot's  note  of  the  28th  of  this  month,  informing 
him  that,  having  laid  before  the  Government  <n 
His  Britannic  Majesty  the  correspondence  which 
passed  last  vear  between  the  Secretary  of  Sute 
and  himself,  upon  the  subject  of  a  proposal  to 
reduce  the  naval  force  of  the  two  countries  upon 
the  American  lakes,  he  had  received  the  com- 
mands  of  His  Royal  Highness  the  Prince  Re^nt 
to  inform  this  Government  that  His  Royal  Hiyh- 
ness  was  willing  to  accede  to  the  proposition 
made  by  the  Secretary  of  State  in  his  note  of  the 
2d  of  August  last. 

The  undersigned  has  the  honor  to  express  to 
Mr.  Bagot  the  satisfaction  which  the  President 
feels  at  His  Royal  Highness  the  Prince  Regent 
having  acceded  to  the  proposition  of  this  Gbvem- 
ment,  as  contained  in  the  note  alluded  to;  and, 
in  further  answer  to  Mr.  Bagot's  note,  the  under- 
signed,  by  direction  of  the  President,  has  the 
honor  to  state  that  this  Government,  cherishing 
the  same  sentiments  expressed  in  the  note  of  the 
2d  of  August,  agrees  that  the  naval  force  to  be 
maintained  upon  the  lakes  by  the  United  States 
and  Great  Britain  shall  henceforth  be  confined 
to  the  following  vessels  on  each  side;  that  is: 

On  Lake  Ontario,  to  one  vessel,  not  exceeding 
one  hundred  tons  burden,  and  armed  with  one 
eighteen- pound  cannon. 

On  the  upper  lakes,  to  two  vessels,  not  exceed- 
ing the  like  burden  each,  and  armed  with  like 
force;  and 

On  the  waters  of  Lake  Champlain,  to  one  Tea- 
sel, not  exceeding  like  burden,  and  armed  with 
like  force. 

And  it  agrees  that  all  other  armed  vessels  on 
these  lakes  shall  be  forthwith  dismantled,  and 
that  no  other  vessels  of  war  shall  be  thcM  bsilt 
or  aroMd. 

And  it  further  agrees  that,  if  either  party  should 
hereafter  be  desirous  of  annulling  this  stipala- 
tioo,  and  should  hereafter  give  notice  to  that 
effect  to  the  other  party,  it  shall  cease  to  be  biad^ 
ing  aAer  the  expiration  of  six  montha  from  the 
date  of  such  notice. 

The  undersigned  is  also  directed  by  the  Presi- 
dent to  state  that  proper  orders  will  be  forthwith 
issued  by  this  Government  to  restrict  the  navnl 
force  thus  limited  to  such  services  as  will  in  no 
respect  iatetfere  with  the  proper  duttea  of  the 
armed  venels  of  the  other  party^ 

The  undersigned  eagerly  avails  himself  of  this 
opportunit^r  to  tender  to  Mr.  Bagot  the  aseoran- 
ces  of  hia  dtstiagoished  consideration  and  respect. 
RICHARD  RUSE 


B6r.  Rush  to  36r.  Crownimhield,  the  Secretary  of  the 
Navy. 
Dbpartmbnt  op  Statb,  Apnl  30, 1817. 
Sib:  I  have  the  honor  to  enclose  to  you,  here- 
with, the  copy  of  a  letter,  dated  yesterday,  em- 
bracing  tl^e  termaof  a  atipulatioB  which  has  been 


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MmI  JMismM  Ml  ffte  Lakek. 


•Dtered  into  iMk  the  Brititk  Cto^rnmeDt  rela- 
tbrt  to  tbs  rednetioii  of  the  atvftl  fof ce  upon  the 
•kM's  aQ<l  to  reqoest,  in  conformity  with  the 
President's  desire,  that  you  vill  be  so  good  as  u 
issoe  such  orders  as  may  be  necessary  lor  ^ ivinf 
fU  the  contemplated  effect  to  the  stipulation  in 
mestion.    I  am,  &c. 

RICHARD  RUSH. 

JK*.  Croumin$hield,  Secretary  of  the  Ntny,  to  Cap- 

tain  D.  <9.  Dexter,  commanding  natal  qffleer  of  the 
'   United  Statee,  Erie,  PenneyhSnia. 

Natt  Department,  May  2, 1817. 

Sir:  Conformably  to  stipulations  which  have 
been  recently  entered  into  between  this  Govern* 
jBient  and  that  of  Great  Britain,  it  is  agreed  that 
the  naval  force  to  be  maintained  on  the  upper 
lakes-*viz:  Erie,  Huron.  &c.— shall  henceforth 
be  confined  to  two  vessels  on  each  side,  neither 
•f  which  to  exceed  one  hundred  tons  in  burden, 
iM>r  mount  more  than  oae  eighteen  pounder.  The 
schooners  Porcupine  and  Ghent  —  the  former 
aimed  with  an  eighteen  pounder,  and  the  latter 
with  a  twelve  or  eighteen  pounder,  will  be  retained 
for  occasional  service  ujpK>n  the  upper  lakes;  in 
the  ferformaoce  of  which  you  will  be  particu- 
larly careful  not  to  interfere  in  any  respect  with 
the  proper  duties  of  the  British  armed  vessels. 

For  your  information  and  government,  I  en- 
close to  you,  herewith,  an  extract  copied  from  the 
stipulations.    I  am,  very  respectfully,  ^. 

B.  W.  CROWNINSHIELD. 

Captain  D.  S.  Dexter, 

Corn^g  Naval  Officer^  Erie,  Perm. 

Tht  Secretary  of  the  Navy  to  Ct^tam  Wookey. 
Navt  Department,  JMby  2, 1817. 
But :  Conformably  to  stipulations  which  have 
feeeatly  entered  into  between  this  Govern- 


ment  and  that  of  Great  Britain,  it  is  agreed  that 
llw  aaval  £snM  to  be  maintained  on  Lake  Ontario 
€hM  henceforth  be  confined  to  one  vessel  on  each 
aide,  ant  exieaeding  one  hundred  tons  burden,  and 
ttodnting  not  more  than  one  eighteen  pooader. 
fffha  achooMT  Lady  of  the  Lake,  armed  with  one 
eighteen  pounder,  will  be  retained  on  Lake  Go- 
•talm for  oeeasional  service;  in  the  pecfiormadce 
tf  wkieh  you  will  be  partioaiarly  cartful  not  to 
ittCtrfere  in  any  reepeot  with  the  proper  duties  of 
ttlie  British  armed  resseL 
I  JVw  yeur  information  and  goTemment,  I  en- 
close to  you,  herewith,  a»  extract  copied  from 
iUi  stipttlMioBs. 

I  am,  very  reepecxfolly,  &c. 

B.  W.  CROWNINSUiBLa 

Captain  M.  T.  Woolset, 

Com'g  Naval  QjR«r,  SackeU's  Harbor. 

The  Secretary  of  the  Naay  to  Captain  Leonard. 

Navt  DiPAaTM  iNT.  May  2. 1817. 
am :  Copforoiahly  to  ctiMilatioQa  which  Jutve 
keen  reeeaay  entered  into  bttwectt  thi»  Ootern- 
st  Mid  that  af  Qreai  Bntaia,  it  u  «Creed  that 


the  MiTal  force  to  be  matacainad  oh  Lake  GhAmn 
plain  sifaall  henceforth  be  confined  to  one  Tecaal 
on  each  side,  not  exoeediag  oae  hundred  tana 
burden,  and  mounting  not  more  than  one  eighteea 
pounder.  The  galley  Ailen,  with  her  armament 
of  one  twelve  or  eighteen  pounder,  will  be  retain- 
ed for  occasional  service  upon  Lake  Champlain ; 
in  the  performance  of  which  you  will  be  particu- 
larly careful  not  to  interfere  in  any  respect  with 
the  proper  duties  of  the  British  armed  vessel. 

For  your  information  and  government,  I  en- 
close to  you,  herewith,  an  extract  copied  fVooa 
the  stipulations. 

I  am.  very  respectfully,  dbc. 

B.  W.  CROWNINSHlfflJO. 

Captain  Jambc  T.  Lkukaro, 

Om^g  Nmal  Ofioer,  WkUehaUj  N.  Y. 

rrhis  arrangement  having  been  s^jproved  by  the  Pnf*> 
^     ident,  the  following  proclsmstion  was  issued.] 

By  the  Preeidemi  cfthe  United  States  o/Amtrica. 

A  PaOCLAMATION. 

Whereas  an  arrangement  was  entered  intm  at 
the  City  of  Washington,  in  the  month  of  Apr^t 
in  the  year  of  our  lK»rd  one  thousand  eight  ban* 
dred  and  seventeen,  between  Richard  RushjBtq^ 
at  that  time  acting  as  Secretary  for  the  Deparlr 
ment  of  State  of  the  United  States,  for  and  ia 
behalf  of  the  Gbvernmeat  of  the  United  Slatc% 
and  the  ri|;ht  honorable  Charles  Bagot,  His  Brlfr 
anaic  Majesty's  Envoy  Sxtraordinarv  and  flfin- 
ister  Plenipotentiary,  for  and  in  behalf  of  Hn 
Britannic  Majesty ;  which  anangement  is  in  the 
words  following,  to  wit : 

^  The  naval  force  to  be  maintaiaed  iipan  the 
American  lakes,  by  His  Blajestyand  the  Uoveca* 
ment  of  the  United  Suites,  shall  heacaforth  be 
confined  to  tha  followtag  Tcssels  on  each,  sides, 
that  is— 

'*  On  Lake  Ontario,  to  one  Tessel,  not  ezeeeding 
one  hundred  tons  burden,  aad  armed  with  oae 
eighteen-pound  cannon. 

^'On  the  upper  lakes,  lo  two  vessels,  not  cxeeei^ 
iog  like  burden  each,  and  armed  with  like  foiM. 

^On  the  waters  of  Lake  Ohamntoia,  to  one 
vessel,  not  exceeding  like  burden,  and  aimed  vitk 
like  force. 

"  All  other  armed  vessels  on  tkese  lakes  ahall 
be  fotthwith  dismantled,  and  no  other  vese^  of 
war  shall  be  there  built  or  armed. 

"If  either  party  should  be  hereafter  dasltavi 
of  aaanlling  this  stipalatioa,  aad  should  five 
notice  to  that  effect  to  tile  other  pirtf,  it  ahaH 
cease  to  be  binding  after  the  expiratioa  of  cig 
months  from  the  date  of  soch  notice. 

^  The  naval  force  eo  to  be  limited  shall  be  i»> 
stricted  to  soch  servioee  as  will  ia  no  reapeat  in- 
terfere with  the  proper  duties  of  the  armed  Teesele 
of  the  other  party." 

And  whereas  the  Senate  of  the  United  Siataa 
have  approved  of  the  said  arrangemeat,  and  ra- 
commended  that  it  should  be  carried  into  effect ; 
the  same  having  also  received  the  saadian  of  Hie 
Royal  Highness  the  Priacc  RMeat|  aciiacta  tSm 
name  aMl^m  the  beltfilf  of  His  Britannic  lujeaty. : 


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At^raK&£&. 


1^64 


gfnOn^impiMkii^Mt  ^  CUMn^  efme  QMof  mtc^. 


*    How,  thertfer^  I,  James  Monroe,  President  of 
the  United  StAtes,  do,  b)r  this  my  proclamation, 
make  known  and  deeUire  that  the  arrangement 
aforesaid,  And  eteiy  ftlpolation  thereof,  has  been 
dolf  entered  into,  conetuded,  and  confirmed,  and 
is  of  Mi  force  mnd  effect. 
Given  under  my  hand,  at  the  city  of  Washing- 
ton, this  twenty-eignth  day  of  April,  in  the 
year  of  our  Lord  oae  thousand  eight  hundred 
and  eiffhteen,  and  of  the  independence  of  the 
United  States  the  forty-second. 

JAMES  MONROE. 
By  the  President : 

J.  O.  ADAMS,  Secftkiry  ^SUUe. 


SPAIN— IMPHI80NMENT  OP   CITIZENS  OF 
'    THE  UNITED  STATED; 

[OeflunmiMated  te  the  Bdihs,  April  16, 181«.] 
7b  AiOhUi  pfMeffraentoHvea  €fthttM(t9d  Staiet  : 

I*  eomptitnee  with  a  resolotioo  of  the  Hoase 
of  Represcatatives  of  the  lOf h  instmot,  relative  to 
the  capture  and  imprisonment  of  certtain  persons, 
ehiscot  of  the  United  States,  therein  epeciflcnily 
wentioaed,  I  now  trmnsmit  a  report  from  the  Sec- 
retary of  State,  which,  with  the  docntnents  ae- 
oompanyiagit,emhraee  the  objects  contemplated 
by  toe  iaid  resolution. 

JAMES  MONROE. 

AraiL  15, 1816. 

DEPARTHCNt  or  Statb,  April  13, 1818. 
The  Secretary  of  State,  to  whom  was  referred 
the  resolution  or  the  House  of  Representatiyes  of 
the  10th  inst.  requesting  information  relative  to 
the  capture  and  imprisonment,  at  Santa  Fe^ 
in  Mexico,  of  Auguste  Pierre  Chouteau,  Julius 
Df  mun,  and  their  company,  Robert  MeKaight, 

James  Baird,  and  their  company,  likewise  J. 
l*arro,citizen8  of  the  United  States,  has  the  hoiMr 
of  submittiug  to  the  President  copies  of  the 
papers  in  this  Dej^tmeat  concerainf  the  sub- 
ject of  that  resolution,  in  reiatioa  to  MeKaight, 
Baird}  and  their  company.  He  transmits,  at  (he 
same  time,  the  original  papers  which  contain  the 
information  relative  to  the  place  where  Chouteau, 
Demuo,  and  their  company  were  captured,  re- 
qaested  by  the  resolution  of  the  House. 

1.  Deposition  of  Baptisti  Pieio  and  others, 
taken  85ch  September^  1817,  before  F.  M.  Onyolo^ 
a  justice  of  the  peace  m  the  Missouri  Territory. 

X  Pepoaitions  of  Toussaint  Charbonaeau  and 
Michel  Carriere. 

3.  Letter  from  Julius  Demaa  to  the  CbTeraor 
of  the  Missouri  Territory,  enclosing  a  draught 
of  a  map,  showing  the  spot  where  he  (Demfin) 
and  his  company  were  taken. 

4.  Statements  marked  A.  B,  C,  and  D,  of  -ex- 
penditures by  Chouteau  and  Demun. 

There  la  at  the  Department  no  information 
relative  to  the  eaptote  or  imprisonment  of  J. 

II  k  desirHUe  that  the  M0M  pffp^n^  ofter 
15th  Gov.  l8t  Sxss*— 6iS 


being  communicated  to  the  House,  should,  if  they 
think  proper,  be  returned  to  this  Department. 
All  which  is  respectfully  submitted. 

JOHN  aUINCY  ADAMS. 

Department  op  State,  Feb.  8, 1817, 
Sib:  As  you  have  intimated  a  williugueBs  to 
interpose  your  good  ofiiees  in  behalf  of  the  utt- 
fortunate  persons  to  whom  the  enclosed  papers 
relate,  I  deem  it  unnecessary  to  do  more  than  ri« 
quest  your  earljr  attention  to  the  snbjeet. 

If  you  could,  in  addition  to  your  application  to 
the  Viceroy  of  Mexico,  address  one  to  the  local 
authorities  at  Santa  Fe,  the  relatives  of  the  «l- 
fortuaate  captifes  would  undertake  to  have  it 
forwarded  icroes  the  country  from  St.  Lovn, 
Drotrided  you  would  give  the  passport  neoeseary 
fbr  the  protectioa  of  the  meseen^er.  This  appears 
to  me  the  best  atrethod  of  effecting  an  early  re- 
lease of  the  Captives,  and  I  take  the  liberty  to 
recommend  it  accordingly.   I  have,  dbc. 

JAMfiS  M0NR08. 
The  CBBVAUsa  nn  Oms. 

^on  Luia  de  OnU  to  ihe  Seeretaty  of  SMe. 
Wabbinqton,  February  13, 1817. 

Sir  :  I  have  had  the  honor  to  receive  your  note 
of  the  8th  instant,  with  several  enclosures,  relating 
to  certain  individuals  detained  in  the  provinces 
Santa  Fe,  on  the  ground  of  their  having  entered 
the  Spanish  territory  without  being  furnished 
with  the  necessary  passports. 

In  conformity  to  what  I  before  stated  to  you,  I 
shall  transmit  these  documents  to  the  Viceroy  of 
Mexico,  and  specially  recommend  this  business 
to  his  attention,  with  a  request  to  exert  his  au* 
thority  to  cause  these  persons  to  be  immediately 
liberated,  provided  there  appear  no  sufficient 
reason  to  the  contrary. 

With  respect  to  the  passport  requested  by  jroii. 
to  enable  the  families  of  the  parties  so  deuined 
to  send  a  messenger  by  land,  and  apply  imme- 
diately to  the  loeaT  authorities  of  Santa  Fe,  I  am 
sorry  to  say  it  is  not  in  my  power  to  grant  it ;, 
His  Majesty  having,  under  the  existing  circum* 
stances,  reserved  to  Irtmvelf  the  right  of  issuing 
pasaporta.  through  4be  mediam,  ciduaNreiyk  of 
hia  prloeipal  Secretarf  of  Smc,  tot  «ter  admittioB 
and  passage  of  any  individual  whatsoesrer  Into 
his  colonial  territories ;  bttt,  with  a  view  to  lacil- 
itatfifas  far  as  depends  on  me.  this  application  to 
the  Viceroy,  t  now  do  myselt  the  honor  io  enelose 
a  duplicate  of  my  letter  to  that  officer,  to  enable 
you  to  avail  yourself  of  one  i)f  the  frequent  obpot* 
lunities  which  now  offer  directly  for  Yera  Crul, 
in  consequence  of  the  opening  of  that  port  for  the 
vessels  of  all  friendly  nations  taking  provisions 
thither.    I  renew  to  yod,  dfcc.  _^^ 

LuisDEome. 

Hon.  JoBK  Qr.  Adahs. 

WAraiNOTOll  ClTT,  Ak.^  1817. 

Smi  ia  1811  or  181%  Robert  McSnight. Bei^ 
j«mfn  8hHv«,  Jamea  Bnird,  Alfred  AHen,  lAiAM 


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APPKNDIX. 


.1M6 


.Spait^^ImpHsomnuiU  of  Oitiatemqftke  UmJUd  8kttm. 


McDonough,  William  Mines,  Samael  Cliamben, 
Peter  Baum,  Thomas  Cook,  and  one  . 
Miers,  as  their'  interpreter,  and  probably  some 
others  whose  names  i  do  not  know,  all  citizens 
of  the  United  States^  of  the  Missoari  Territory, 
went  up  the  Missouri  river,  and  from  thence  into 
the  Spanish  provinces ;  they  were  arrested  and 
imprisoned  by  the  authorities  of  that  country,  at 
SanU  Fe,  and  from  then  till  now  bare  been  de- 
tained from  returning  to  their  families  and  their 
homes.  Last  Winter  I  laid  this  subject  before 
the  Secretary  of  State,  and  he  procured  from  the 
Spaaith  Minister  something  like  an  order  (the 
Minister  not  feelinjgf  authorized  to  give  more)  for 
their  release,  (triplicates ;)  one  was  stated  to  nave 
been  sent  directly  to  the  Viceroy,  another  was 
•aid  to  have  been  sent  on  for  the  royal  signature. 
,and  the  third  was  given  to  me,  with  a  view  or 
having  it  sent  directly  on  from  St  Louis,  by 
•om^  gentlemen  who  were  expected  to  go  shortly 
through,  but  who  did  not  go.  The  paper  thus 
obtained  did  not  amount  to  a  passport  to  protect 
any  person  who  would  bear  the  same ;  and  the 
consequence  was,  no  person  would  venture  to  be 
the  bearer  of  it,  when  they  also  ran  the  risk  of 
being  immersed  with  those  thay  went  to  relieve ; 
and  It  is  presumed,  from  the  delay,  either  that 
the  orders  have  never  reached  the  Viceroy,  or 
have  been  disregarded.  I  understood,  even  it  the 
copy  of  the  oroer  destined  directly  to  reach  the 
Vicerov  did  arrive^  that  it  did  not  amount  to  posi- 
tive oraers  for  their  release,  but  recommended  it, 
and  that  they  should  be  furnished  with  the  means 
of  returning  home ;  and,  should  this  fail,  the  one 
sent  for  the  royal  signature  at  all  events  would 
procure  their  release. 

I  hope  you  will  take  up  this  subject;  and  if  an 
order  for  their  discharffe  can  be  obtained,  together 
with  a  passport,  they  have  friends  (ana  some  of 
them  brothers)  at  St.  Louis,  who  would  go  or 
send  instantly  to  their  assistance. 

If  deemed  proper  by  you,  I  should  be  glad  to 
know  the  result  as  early  as  possible. 

I  have  the  honor  to  be,  d^. 

JOHN  SCOTT. 

Hon.  J.  d.  Adams.. 

Tlu899rHmyof  8taU  to  Dm  LuU  de  Om$,  Envoy 
B^Oraotdimmy  and  MUMtr  Pienipotcntiaty  from 
isjMnn* 

DlPARTMBRT  OF  StATB, 

Wasbingto!!,  Jan.  7, 1818. 
Sir  :  I  have  the  honor  to  enclose  a  copy  of  a 
letter  received  at  this  department  from  the  Dele- 
gate in  Congress  of  the  Missouri  Territory,  and 
to  request  infonnation  of  you  whether  yon  nave 
received  any  advices  showing  the  effect  of  the 
applications  suggested  in  the  letter  to  have  been 
transmitted  by  you,  in  behalf  of  the  persons  stated 
to  have  been  imprisoned  at  Santa  Fe ;  and  if  you 
have  not,  I  am  directed  by  the  President  to  ask 
of  you  a  renewed  application  for  the  releaae  of 
theea  oitisens  of  the  United  States ;  and,  if  that 
is  obtained,  a  passport  or  safo-conduet  for  any 
riend  or  relation  of  the  prisoners  to  go  to  Santa 


Fe,  for  the  purpose  of  furnishing  tkem  the 
of  returning  to  their  country.  ^ 

Be  pleased,  sir,  to  accept,  Ac 

JOHN  aUINCY  ADAMS. 

Don  Luis  De  OnU  to  the  Secretary  of  State. 
Wabhinoton,  January  12, 1818. 

Sir  :  In  answer  to  your  very  esteemed  note  of 
the  7th  of  this  month,  enclosing  a  letter  from  the 
Delegate  of  the  Missouri  Territory,  I  have  to  as- 
sure you  of  my  great  regret  in  not  being  able  to 
communicate  to  you  positive  information  of  the 
result  or  effect  of  the  application  which  I  made 
on  the  13th  of  February  last,  to  the  Viceroy  of 
New  Spain,  in  behalf  of  Mr.  James  Baird,  Mr. 
McKnight,  and  other  individuals  arrested  by  the 
Spanish  authorities^  on  the  ground  of  their  hav- 
ing entered  the  territory  of  New  Mexico,  on  their 
way  from  St.  Louis  to  the  capital,  without  being 
furnished  with  the  necessary  passports. 

On  the  same  date  I  made  a  representation  of 
this  ease  to  His  Catholic  Majesty^  Gbveralnent, 
and  I  requested  both  His  Majesty  and  the  Vice- 
roy of  New  Spain  to  be  pleased  to  take  into  con* 
sideration  the  innocence  or  g|ood  faith  of  the  par* 
ties  in  question,  by  permitting  and  facilitating 
their  return  to  St.  Louis,  or  other  point  on  tike 
frontier  most  convenient  to  them. 

I  have  yet  received  no  answer  either  from  ay 
Court  or  from  Mexico,  which  is  doubtless  to  be 
attributed  to  accidental  circumstances,  such  as 
the  miscarriage  of  letters,  aud  others  of  the  like 
nature,  which  frequently  happen.  But,  being 
anxious  to  comply  with  your  wishes,  and  render 
a  service  to  the  above-men fidned  individuals.  I 
shall  renew  my  application  and  request  to  tne 
Viceroy  of  New  Spain,  and  again  niake  a  com- 
munication on  this  subject  to  my  sovereigti.  I 
am  sorry,  however,  to  inform  you,  that  it  is  not 
within  my  province  to  ffrant  the  passport  wished 
for  Santa  Fe,  in  New  fifexico,  as  it  is  only  Hia 
Catholic  Majesty's  principal  Secretary  of  State 
who  has  authority  to  issue  passports  of  that 
nature. 

In  conseauence  of  which  I  enclose  a  dnolieate 
open  letter  for  the  Viceroy  of  Mexico,  whicn  may 
be  transmitted  by  the  parties  interested,  by  the 
way  of  ^avana.  to  some  merchant  or  other  per- 
son there,  to  be  by^them  forwarded  and  properly 
recommended  to  Vera  Cruz,  for  the  purpose  of 
obtaining  a  speedy  answer  and  ascertaining  the 
result,  which  I  flatter  myself  will  be  completely 
satisfactory,  provided  nothing  has  occurred  in  the 
case  repu^ant  to  the  laws  of  the  monarchy,  and 
those  particularly  regulating  the  afi&irs  of  the 
Indies. 

I  shall  forward  a  triplicate  and  quadropUeaie 
of  the  same  letter  to  the  Viceroy,  it  not  being  fa 
my  power  to  do  more.    I  avail  myself,  dbc 

LUIS  DB  ONI8. 

Don  UtU  de  Onu  to  Don  Ruiz  de  Apodaea,  Vioetoy 
of  the  Kingdom  of  New  ^ain. 

WASHiifOTOM,  January  12, 1818. 
MoBT  SxoBLLBUT  Sib:  On  the  lathaFebrti- 


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AJPraWDIX. 

Spainr^jlmprtmmntmi$  of  Citizens  qf  the  OkUed  8tate$. 


1866 


arjr,  of  last  yetr,  I  bad  the  honor  to  ioform  yoar 
Ezcellenev  that  the  Secretary  of  State  or  the 
Repoblic  had  addressed  to  me  a  note,  reqaestiog 
.me  to  employ  my  good  offices  with  your  Excel- 
lency in  behalf  of  a  Mr.  James  Baird,  who,  to- 
gether with  the  persons  named  McKnight,  Mer- 
cer, Serrer,  Allen,  Brown,' oZuu  Banm,  McDo- 
nouffh,  and  others,  had  been  arrested  and  impris- 
oned at  Santa  Pe,  baring  been  found  within  the 
territory  of  New  Mexico  without  passports.  I 
then  stated  to  your  Excellency,  that  it  was  alleged 
•  by  the  families  of  the  abore-mentioned  citizens 
of  these  States,  that  their  error  proceeded  from 
their  ignorance  of  our  laws  for  the  administration 
of  the  Indies,  that  is,  those  which  prohibit  an 
entrance  into  the  country  to  all  foreigners,  and 
that  their  object  in  going  to  Sanu  Pe  was  purely 
and  simply  commercial;  in  consideration  of 
which,  I  could  not  do  less  than  recommend  to 
your  Exeellene/  to  give  due  attention  to  the  re- 
quest of  the  said  Secretary,  by  ordering  the  re- 
Smsite  inquiries  to  be  made,  and  the  persons  so 
etained  to  be  liberated,  prorided  there  appeared 
MO  sufficient  reasons  to  the  contrary,  that  they 
nu'ffht  immediately  return  to  their  families. 

As  I  have  yet  received  no  answer  from  your 
Excellency  on  this  subject,  and  the  Secretary  of 
State  has  addressed  to  me  another  note,  on  the 
7th  instant,  enclosing  a  copy  of  a  statemeut  of 
the  deputy  of  Missouri  Territory,  to  which  the 
parties  in  question  belong,  and  requesting  me  to 
communicate  to  him  the  result  of  my  recommen- 
dation to  your  Excellency  in  behalf  of  the  suffer- 
ers, I  think  it  my  duty  to  renew  it  to  you,  as  I 
now  do  in  the  most  particular  manner,  in  the 
hope  that  your  Excellency  will  give  immediate 
orders  that,  with  an  especial  reference  to  this 
matter  the  necessary  inquiries  be  made  into  the 
ease  of  James  Baird  and  other  American  citizens 
confined  at  Santa  Fe,  and  that,  in  consideration 
of  the  length  of  time  since  their  arrest  and  sepa- 
ration from  their  distressed  families,  and  of  their 
nintentional  error,  your  Excellency  will  be 
pleased  to  mitigate  as  far  as  possible  the  punish- 
ment they  may  hare  incurred,  by  granting  them 
permission  and  the  requisite  facilities  to  return 
to  the  Missouri  Territory,  or  other  part  of  the 
Ameriean  territory  most  suited  to  tneir  conve- 
nience. 

I  doubt  not  that  your  Excellency  will  pay  due 
attention  to  this  request,  and  communicate  to  me 
the  result  with  all  jKmible  despatch,  that  I  may 
give  the  necessary  information  to  this  Qovern- 
menL    In  the  mean  time,  I  renew,  dbc. 

LUIS  DE  ONIS. 

8iaUnuni  andprocfinetue  of  Chmdtau  andlkmun, 
qf  their  loa  and  treatment  by  the  Spaniards. 

UifiTBO  States,  TbrbitOrt  of  Miaeouat, 
Comiyof  8t,  Louie^ect: 
The  undersigned,  having  been  first  duly  sworn 
on  the  holy  evanjjelists,  severally  depose  and  say: 
That,  in  the  beginning  of  September,  1815,  they 
were  en^pged  by  Auffuste  P.  Chouteau  db  Co.  at 
St.  Louis,  in  the  Territory  of  Missouri,  for  a 


tradiqg  expedition  with  the  Indians  of  the  head- 
waters of  the  rivers  Arkansas  and  Platte.  The 
party,  conducted  by  the  said  Auguste  P.  Chouteau,  ' 
proceeded  to  their  grounds  on  the  headwaters  of 
the  Arkansas,  and  continued  the  trade  until  the 
Spring[  of  1817 ;  at  which  time  our  encampment 
was  visited  by  a  guard  of  Spaniards,  two  hun- 
dred or  more  in  number,  the  commanding  officer 
of  which  guard  was  the  bearer  of  an  order  from 
the  Governor  of  New  Mexico  to  conduct  4Mir 
whole  party  to  Santa  Pe.  This  order  was  exe- 
cuted. Auguste  P.  Chouteau,  together  with  the 
whole  party,  consisting  of  twenty-one  persons, 
accompanied  the  troop  or  guard,  and,  on  their 
arrival  at  Santa  Pe,  were  reviewed  by  the  Gov- 
ernor, and  immediately  put  into  close  confine- 
ment. At  the  time  or  the  arrest  of  our  persona 
within  the  limits  of  the  United  States,  Mr.  Chou- 
teau, conscious,  no  doubt,  that  he  had  vioUted 
none  of  the  Spanish  regulations,  took  with  him 
a  part  of  his  property  to  defray  expenses ;  none 
of  which  he  was  permitted  to  retain,  to  exchange, 
or  to  make  any  use  of.  Not  only  that,  but  also  the 
whole  stock  of  the  company,  ccLched  or  concealed 
in  the  ground  near  our  camp,  east  of  the  moun- 
tains, and  on  the  headwaters  of  the  Arkansas, 
was  seized  by  the  Spaniards  under  special  order 
from  the  Governor,  and  taken  to  Santa  Fe.  We 
remained  in  prison  f  some  of  us  in  irons)  forty- 
eight  days,  during  which  time  we  were  dieted  m 
a  very  coarse  and  meager  manner,  with  boiled 
corn  or  beans,  without  salt. 

When  we  speak  of  the  review  and  confinement 
of  the  party,  we  mean  the  men  generally ;  for  Ms^ 
Chouteau  and  the  conductors  of  our  trade  preced- 
ed us,  and  arrived  first  at  Santa  Pe.  We  know 
not  the  particulars  of  their  reception  or  tifeatment, 
except  that,  when  they  were  liberated,  (after 
forty-eight  aays,)  their  property  was  not  restored 
to  them. 

Long  previously  to  our  i^rrest.  Mr.  Chouteau 
had  equipped  several  parties  for  oifferetit  parts  of 
the  upper  country ;  all,  as  we  constantly  under- 
stood, within  the  acknowledged  limits  of  the 
United  States.  Of  the  fate  of  these  detached 
parties  we  know  nothing.  Our  arrest  and  deten- 
tion in  the  Spanish  province  interrupted  that 
correspondence  on  which  thetr  success  must,  in 
a  great  degree,  have  depended.  As  well  as  we 
recollect,  Mr.  Chouteau's  party,  on  leaving  St. 
Louis,  amounted  to  forty-six. 

JEAN  BAT.  BRIZA,  his  x  mark. 
BAPTISTI  FICIO,  his  x  mark. 
C.  BOURGUIGNON,  his  x  mark. 
JOSEPH  CISDELLE,  his  x  mark. 
ETIENNE  PROYOTT.  his  x  mark. 
FRANCOIS  MAUANT,  his  x  mark. 
PIERRE  LEGRIS,  his  s  marie. 
FRANCOIS  PAKET,  hit  s  mark. 
FRAN.  DERPORT,  his  x  made 
ANTOINE  BIZET,  his  x  marie. 
JOSEPH  BISSONET,  his  x  mark. 
Sworn  to,  and  delivered  and  signed  before  me, 
a  justice  of  the  peace  in  the  county  and  township 
a&resaid,  this  35th  day  of  September  1817. 

'  F-M.GUYOLO,/./*. 


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APPENDIX. 


1960 


Spaisi^lmpruonment  of  (Xtizens  <ftke  Unittd  ataieg. 


William  Clark,  Governor  of  the  Territory  of 
Missouri,  commander-in-chief  of  the  militia, 
and  superintendent  of  Indian  affairs,  to  all 
whom  It  may  concern : 

Be  it  known,  that  P.  M.  Guyolo  is,  and  was  on 
the  25th  September  last,  a  justice  of  the  peace 
within  and  lor  the  county  of  St/Louis,  Territory 
oir  Missouri,  regularly  commissioned.  In  testi- 
mony whereof,  I  have  caused  the  seal  of  the  Ter- 
ritory to  be  hereunto  affixed. 

Given  under  my  hand,  at  St.  Liouis,  the  22d 
day  of  November,  A.  D.  1817,  and  of  the  inde- 
i>endence  of  the  United  Stales  the  forty-second. 
^  WILLIAM  CLARK. 

By  the  Governor: 

FREDERICK  BATES, 
Secretary  of  Missouri  territory. 

Tbrbitory  op  Missouri, 

County  of  St,  Louis,  as  : 
Toussaint  Charboneau,  bein^  of  lawful  age, 
and  duly  sworn,  on  his  oath  saith :  That  he  did, 
some  time  in  the  month  of  July,  in  the  year  1816, 
engage  with  Julius  Demun,  of  the  firm  of  Auguste 
P.  Chouteau  &,  Co.  to  go  on  a  trading  voyage  in 
the  rivers  Arkansas  and  Platte,  among  the  differ- 
ent nations  of  Indians  residing  on  the  said  rivers 
and  the  waters  thereof;  that  the  said  Auguste  P. 
Chouteau  &  Co.  agreed  to  pay  him  for  saidvoya^ 
the  sum  of  two  nundred  oollars ;  that  he  staid 
with  the  said  Auguste  P.  Chouteau  dbCo.  from  the 
^said  month  of  July,  the  time  of  their  starting 
from  this  place,  until  July  in  this  same  year ; 
and  on  his  return  to  this  town  of  St.  Louis,  did 
receive  from  the  said  Auguste  P.  Chouteau  &  Co. 
the  sum  agreed  upon,  to  wit.  the  sum  of  two  hun- 
dred dollars :  and  further  saith  not. 

TOUS.  CHARBONEAU,  his  x  mark. 

Sworn  to  and  subscribed  this  7th  day  of  De- 
cember, A.  D.  1817,  before  me, 

J.  V.  GARNIER,  J.  P. 

Frederick  Bates,  Secretary,  exercising  the  gov- 
ernment of  the  Territory,  of  Missouri,  to  all 
whom  it  may  concern  : 

Be  it  known  that  J.  V.  Gamier  was  on  the  8th 
ttltimo,  and  is,  a  justice  of  the  peace  in  and  for 
the  county  of  St.  Louis,  in  the  Territory  of  Mis- 
souri, regularly  commissioned.  In  testimony 
wbereofTl  have  hereunto  affixed  the  Territorial 
seal. 

Given  under  my  hand  at  St.  Louia,  the  third 
day  of  January,  A.  D.  1818,  and  of  the  indepen- 
dence of  the  United  States  the  forty-second. 
FREDRICK  BATES. 

TlMHTORT  or  Ml8900ftl, 

Oomaty  of  St.  Louis,  ss: 
MicbaelCarriere,  beingof  lawfttlafe  and  duly 
sworn,  on  his  oath,  saith :  Thai  hs  did,  on  or 
^     about  the  beginaing  of  September,  in  the  year 
1815,  eigafe  with  AngosteP.C^outecumnd  Julius 
Demsa,  beiof  then  aotl  there  pnttpuing  for  a 
tfudiait  voyvgennder  the  style,  nanc  and  deeerip- 
\  taon  of  Anguite  P.  Choaieau  4t  Oa,  to  go  and 
trade  ftOMng  fht  4iWere9Atrtk9B  of  Indiams  resid- 
ing tmd  tttatltt^  on  tha  rivers  Arkansas  and 


Platte,  and  the  waters  thereof;  that  he  did,  ac- 
cording to  his  contract  with  the  said  Auguste  P- 
Chouteau  &  Co.,  go  on  his  said  voyage,  and  re- 
mained thus  employed  for  the  space  of  two  years, 
for  which  he  did  receive  from  the  said  Augusta 
P.  Chouteau  &  Co.,  as  a  compensation  or  wagell^ 
a  sum  of  two  hundfed  dollars,  which  was  ac- 
tually paid  to  him  by  his  said  employers:  and 
this  deponent  furthertsaith  not. 

MICHEL  CARRIERS,  his  x  mark. 
Sworn  to  and  subscribed  this  22d  day  of  De- 
cember, A.  D.  1817,  before  me, 

J.  V.  GARNIER,  J.  P. 

Frederick  Bates,  Secretary,  exercising  the  gov- 
ernment of  the  Territory,  of  Missouri,  to  all 
whom  it  may  concern : 

Be  it  known,  that  J.  V.  Gamier  is,  and  was  oa 
the  27th  ult.,  a  justice  of  the  peace  within  and 
for  the  county  of  Su  Louis,  Territory  of  Mis- 
souri, reffularly  commissioned.  In  testiaaony 
whereof,  I  have  hereunto  afixed  the  seal  of  the 
Territory. 

Given  under  my  hand,  the  3d  day  of  Jaaoai^, 
A.  D.  1818,  and  of  the  independence  of  the  Uni- 
ted States  the  forty-second. 

FREDERICK  BATSa. 

St.  Louis,  M«.  dfiv  1^7. 

Sir  :  Having  to  relate  to  yotir  BzoeUenef  the 
unfortunate  event  which  has  thrown  me,  Mr, 
Auguste  P.  Chouteau,  and  twenty-four  men,  for 
forty-eight  days,  in  the  dungeons  of  Santa  Fo, 
and  which,  by  depriving  us  of  €Verythiag  we 
possessed,  has  brought  us  to  the  brink  of  ruin,  I 
must  beg  your  Excellency's  indulgence  if  I  lake 
too  much  of  your  time.  But  I  think  myself  bowid 
to  give  a  detailed  account  of  what  has  happened; 
the  more  so,  as  your  Excellency's  right  of  graat* 
ing  us  a  license  to  go  to  the  headwaters  of  Ar- 
kansas and  Platte  rivers  was  denied  by  the  Oor* 
ernor  of  New  Mexico,  Don  Pedro  Mark  #• 
Allaude.  »»     a   » 

In  the  month  of  September,  ISlh,  Mr.  A.  P« 
Chouteau  and  myself  fitted  out  aa  expedition  t« 
go  to  the  headwaters  of  Arkansas  river,  to  trade 
with  the  Aarapahos,  and  other  la^iam  Ivfiof 
thereabout ;  and,  having  obtained  a  license  frem 
your  Excellency,  we  started  Own  this  {liace  on 
the  10th  of  same  month,  in  company  with  ik* 
Philibert,  a  trader,  who  had  goae  to  the  newH 
tains  the  year  before,  and  who  had  co«e  hack  le 
get  a  supply  of  goods  to  eaaUe  him  to  hoy  hoiMS 
to  brias  in  his  furs. 

It  being  late  in  the  season,  we  bad  great  diffi- 
culties to  encounter;  some  of  our  horses  giving 
out  every  day,  we  bad  to  watt  more  chati  one- 
half  of  the  way  to  the  mountains,  where  wt  ar- 
rived on  the  8th  of  De«eiiiber. 

On  our  way  we  had  hooght  of  Mt.  Philibert 
his  fursj^oods,  horses,  ditc.  and  the  time  of  his 
men.  These  we  expected  to  find  at  the  foitk 
called  by  the  Spaakrds  £^  An/<MO,aad  deooai^ 
nated  oa  Pike's  aiap  the  Thk4  Fork,  wbeie PhiH* 
bert  had  fivea  them  readtsTous  j  b«i  in  ihla  '^M 


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AFPBNDiX. 

aptti»—iapri$oii!ment  qf  Citxaieiu  qf  tks  United  SUUtM. 


19S2 


Vtx«  dii«{ipoiBtad.  After  our  researcbes  were 
(HFer,  we  met  some  iDdians,  who  told  us  that  the 
meo,  QOt  seeiog  Philibert  return  about  the  ap- 
pointed timei  and  being  destitute  of  everything 
ueceasary  to  support  themseWeai  had  ooae  over 
to  lbs  Spaniards*  We  had  then  no  alternatiYe. 
We  determined  that  I  should  go  in  quest  of  them ; 
and  I  started  iu  the  beflinning  of  January,  1816. 

I  arrived  at  Taos^  wliere  I  found  the  men,  who 
bad  been  received  with  the  greatest  hospiulity, 
and  allowed  to  pass  the  Winter  there.  I  went 
pa.  to  Santa  Fe,  to  ex[>lain  to  the  Governor  the 
seaaons  of  my  coming  into  the  comtry.  As  soon 
af  I  alighted  in  the  capital  I  was  piesented  to  the 
tiken  Governor^  Don  Alberto  Maynez»  who  at  first 
expressed  his  surprise  to  see  me ;  but  no  sooner 
had  I  told  ium  the  drcumstanoes  imder  which  I 
CAiue  than  he  treated  me  very  politely. 

Don  Alberto  is  an  old  gentleman  of  good  in- 
formation, who  possesses,  in  a  great  degree,  the 
good  manners  and  politeness  peculiar  to  his 
nation. 

JHaving  seen  on  my  way  to  Santa  Fe  that  the 
rivecs  abounded  with  beaver,  I  asked  the  Qov- 
ernor  the  permission  of  coming,  with  a  fixed 
nomber  of  hunters,,  to  catch  beaver  in  the  rivers 
which  empty  themselves  into  Rio  del  Norte* 
This  be  could  not  take  upon  himself  to  grant,  but 
had  the  goodness  to  write  on  that  sc^ject  to  the 
Qoaunandant  QeneraL  As  1  could  not  wait  for 
t)ie  answer,  Don  Alberto,  told  me  to  coma  back, 
when  convenient)  to  know  the  QeaeiaL'b  answer. 
I  must  not  omit  to  say  that  the  €povernor  did  not 
aaem  a  moment  to  doubt  th*t  we  had  a  right  to 
fre^ent  tlia  east  side  of  the  mountains^  and  there 
to  tiade  or  catch  beaver  if  we  could ;  for  be  ad- 
vised me  not  to  go  to  the  south  of  Red  river  of 
Natchitoches,  but  from  that  river  to  the  north- 
ward we  nught  trade  and  hunt  as  we  pleased* 

I  returned  to  Taos,  from  whence  I  started,  with 
all  our  engagees  and  two  Spaniards  the  Governor 
^d  ordered  to  accompany  us,  to  the  Rio  della 
Trinelieras  from  thence,  in  three  days,  we  reached 
Mr.  Chouteau's  camp  at  the  mouth  of  the  Third 
Fork.  Finding  ourselves  With  more  men  than 
we  expected  at  our  departure  from  St.  Louis,  and 
iip4  kaving  a  necessary  equipment,  it  was  ncces- 
aarv  for  one  of  us  to  come  baek»  I  started  on  the 
97tK  February  with  Philibert  and  one  of  our  men, 
and  did  not  reach  this  place  but  after  forty-eiz 
days'  journey,  through  barren  prairies,  which,  at 
tiiat  seasottj  did  not  afibrd  any  pastures  for  our 
korsea,  having  sopietimeft  to  travel  in  the  night 
tQ  avoid  the  ranis'  war  parties  we  had  the  good 
fqf^i^fn^  to  discover  in  the  day*  time*  I  boujj^ht 
tkt  goods  and  engaged  men  for  a  new  expedition, 
and,,  having  taken  aauther  license,  starteid  on  the 
Ifith  July  to  go  by  water  to  the  Kaasas  river, 
where  Mr.  Chouteau  and  I  af^inted  to  meet*  On 
kk  way  from  the  mountains  Mr^  Chouteau  was 
attacked  by  the  Pawnees,  about  two  hoadred  in 
number,  had  one  man  killed  and  three  wounded ; 
five  Pawaees  remained  on  the  spot,  and  a  great 
many  woaaded. 

At  the  Kansaa  river  we  found  omaslves  forty- 
five»    We  shipped  the  furs  to  Sl«  Louis,  and 


started  again  for  the  mounUins.  There  we  met 
a  party  of  Spanish  traders,  who  told  us  that  the 
Yntas  and  Apaches  Indians  were  hovering  in  this 
quarter^  and  as  those  Indians  had  already  killed 
two  of  Phiiibert's  men,  our  return  would  not 
have  been  safe  had  our  party  gone  to  any  disp 
tance,  so  that  we  agreed  that  Chouteau  should 
wait  for  me  at  the  pass  called  by  the  Spaniards 
La  Sangrg  da  ChrutOj  or  theceabouL  Myself 
and  two  men  went  in  company  with  the  Spanr 
ish  traders  to  the  Rio  de  la  Culevra^  where  we 
left  them,  and  continued  our  way  to  Taos.  When 
I  arrived  at  Rio  Colorado  (a  small  fork  of  Rio 
del  Norte)  I  found  that  a  new  vilkge  had  been 
established  since  my  first  passing  there.  I  alighted 
at  the  house  of  the  commandant  of  the  place,^  who 
told  me  that  I  could  not  go  further  till  he  had 
given  notice  to  the  alcade  of  Taos,  and  received 
his  orders*  I  waited  patiently  that  night  and 
next  day*  On  the  second  night,  at  aEout  12 
o'clock,  arrived  a  party  of  forty  men.  commanded 
by  Don  Mariano  Penne,  with  verbal  orders  that 
I  must  go  back  with  him  to  my  men,  and  that 
the  Governor  would  not  allow  me  to  go  to  Santa 
Fe*  I  answered  that  I  was  ready  and  willing  to 
follow  him,  but  wished  to  write  to  his  ExceU 
iency ;  to  which  he  consented.^ 

In  my  letter  I  explained  the'x>bject  of  my  com- 
ing-* that  it  was  by  the  orders  and  with  the  con- 
sent  of  his  predecessor,  and  be^ed  of  him  to 
permit  me  to  go  to  Santa  Fe^  in  order  to  know 
precisely  what  to  depend  on*  This  appeared  to 
me  tho^more  necessary,  as  Doa  Idariano  had  nt>t 
brought  any  written  orders* 

My  letter  being  despatched,  we  started  (lom 
Rio  Colorado  6o  go  and  rejoin  our  party*  Mr. 
Chouteau  was  not  at  Sangre  de  Christo^  but  we 
uaced  him  up  the  Rio  del  Norte,  near  where  it 
enters  into  the  mountains.  Here  Don  Mariano^ 
after  spending  one  day  with  us^  took  leave.  At 
his  departure,  he  told  us  that  we  should  remain 
there,  or  rather  go  lower  down  the  river,  to  wait 
for  the  Governor's  answer. 

I  do  not  know  what  caused  the  delay,  but  it 
was  not  until  about  twenty  days  after  that  I  re- 
ceived a  letter  from  the  Governor,  saying  that 
the  commandant  General  would  not  p^raiit  us 
any  time  to  stay  in  the  Spanish  dominions,  and 
to  go  out  of  theioa  immediately*  I  wrote  to  the 
alcade  of  Taos  that  I  had  just  received  the  Gov- 
ernor's orders,  and,  in  compliance  with  them^wa 
were  recrossing  the  mountains ;  that,  when  on 
the  east  side  ofthem,  we  should  remain  all  Win- 
ter ;  that  we  gave  this  notice,  having  no  bad  in- 
tentions, nor  any  motives  to  conceal  our  move- 
ments* Receiving  no  answer,  we  took  it  for 
granted  that,  being  on  this  side  of  the  mountains, 
we  gave  the  Spaniards  no  uneasiness.  We  haa 
almost  every  week  some  traders  from  the  upper 
villages,  of  whom  we  bought  several  horsey  breadi 
flour,  4o. 

We  had  fixed  on  the  15th  of  March,  1817,  for 
the  day  of  our  departure,  to  go  in  search  of  the 
Crow  Indiajis.  whom  we  knew  to  be  somewhere 
about  the  headwaters  of  the  Columbia ;  but  as  the 
Spanish  traders,  during  the  Winter,  repaatedlf 


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APPENDIX. 


1964 


^^Nztfi— Anprttonmeftf  qf  Citizens  pf  the  Untied  State». 


told  ni  that  the  Gtoyernor  had  written  to  the 
commaodant  Geoera),  in  order  to  obtain  permis- 
sion to  hnnt  on  the  rirers  running  west  of  the 
mountains,  we  did  not  think  proper  to  abandon  a 
snliject  so  interesting  to  as.  For  that  purpose  I 
went  to  Taos  in  March ;  there  I  was  told  that 
there  were  very  unfayorable  reports.  It  was  said 
that  at  the  first  fork  of  the  Arkansas  (Rio  de  las 
Animas)  we  had  built  a  fort;  that  we  had  there 
twenty  thousand  men,  with  many  cannons  and 
ammunition,  and  other  such  idle  tales;  that  a 
party  of  two  hundred  men  had  been  raised  to  go 
and  Investigate  the  truth  of  all  those  absurd  re- 
ports. The  alcade  having  to  write  to  the  Qoy- 
emor,  I  wished  him  to  say  that  I  felt  very  satis- 
fied to  have  come  under  such  circumstances; 
that  I  proposed  to  remain  as  a  hostage  till  the 
truth  should  be  known :  and  that  my  Rfe  would 
answer  for  the  good  benayiour  and  pacific  occu- 
pation of  our  party.  Two  days  alter,  the  two 
nundred  men  commanded  bv  Lieutenant  Don 
Francisco  Salagar,  of  the  militia,  and  Senreant 
llanuel  Vaca,  of  the  reaulars,  arrived  at  Taos. 
Thev  intimated  their  orders,  which  were  to  take 
me  Sack  to  my  party,  visit  all  the  places  where 
we  had  encamped  from  the  mountains  to  the  Rio 
de  las  Animas,  %^fiL  to  dig  out  all  the  goods  we 

,  had  put  in  the  ground  for  security,  haTiuff  no 
use  of  them  in  the  Winter.  We  started  from 
Taos,  and  a  few  days  after  reached  this  side  of 
the  mountains,  where  we  were  soon  joined  by 

^  Mr.  Chouteau,  to  whom  we  had  sent  an  express. 
We  took  out  of  the  ji^round  all  the  godds  and 
furs^  d^.,  we  had  hidden  in  different  places. 
This  being  done.  Sergeant  M.  Vaca  told  us  that 
the  Gk)vemor  had  further  ordered  that  the  whole 
of  our  party  must  go  to  visit  with  them  our  former 
encampments,  as  low  down  as  Rio  de  las  Animas; 
that,  ii  no  fort  was  found,  he  would  leave  us 
there,  to  get  to  St.  Louis  as  well  as  we  could. 
To  this  we  could  not  consent,  for  it  would  have 
carried  us  to  an  inevitable  destruction,  it  being 
the  time  when  the  Pawnees  were  lurking  for 
prey  in  all  directions  about  Arkansas  river ;  be- 
sides, we  should  have  lost  the  benefit  of  our  Spring 
trade.    We  proposed  to  the  sergeant  that  I  should 

S>  with  him  to  the  Rio  de  las  Animas;  that  Mr. 
houteau  would  remain  where  we  then  were, 
with  a  party  that  he  (the  sergeant)  would  leave 
to  guard  him ;  and  that  at  our  return  we  would 
go  away  in  a  northern  direction.  Both  com- 
manders agreed  to  this  proposition.  I  started 
with  a  party  of  fiAy  men  to  search  the  so-much- 
tal3ted-of  fort,  which,  it  is  needless  to  say,  could 
not  be  founa.  Everything  was  in  order,  and  a 
good  understanding  existed  between  our  people 
and  the  Spaniards  when  we  returned.  Next  day 
we  parted,  and  were  accompanied  some  distance 

a  the  lieutenant,  sergeant,  and  a  few  men. 
Qch  delay  having  taken  place  by  the  coming  of 
the  Spaniards,  it  was  now  impossible  for  us  to 
proceed  to  the  headwaters  of  the  Columbia  bv 
the  route  we  had  at  first  intended  to  go,  which 
was  by  following  the  foot  of  the  mountains,  up 
the  Rio  del  Almagre,  and  then  turn  to  the  west. 
« Though  we  knew  the  road  to  be  good,  we  could 


not  undertake  It  for  want  of  time,  therefore  we 
resolved  to  enter  the  mountains  on  the  north 
side  of  Arkansas  ri  ver.  We  passed  the  first  chain 
with  great  ease,  but  we  were  no  sooner  on  the 
other  side  than  we  foresaw  all  the  difficulties  we 
had  to  encounter.  We  had  before  us  a  chain  of 
snow-capped  mountains  much  higher  than  the 
one  we  left  behind.  The  cold  was  intense,  and 
the  recital  of  hardships  would  renew  the  suffer- 
ings we  underwent.  After  three  days  of  stead]^ 
labor  through  the  snow,  in  order  to  cut  a  route, 
we  had  the  mortification  to  retrace  our  way  back. 
Perceiving  that  nothing  advantageous  could  be 
performeatbat  season,  it  was  agreed  that  seven- 
teen men,  with  the  most  reduced  horses,  should 
go  down  the  river  Platte,  and  there  wait  for 
Chouteau,  who  was  determined  to  remain  one 
year  longer.  Both  he  and  I,  with  the  balance  of 
our  men,  (except  five  Shawnee  Indians,  who  had 
left  us  several  days  before,)  came  on  this  side  of 
the  first  chain  of  mountains,  to  take  the  goods  we 
had  put  into  the  ground  at  the  entrance  of  the 
mountains,  and  myself  to  take  the  furs  and  re^ 
turn  to  St.  Louis,  which  was  fixed  on  the  2R8d  of 
May. 

In  the  night  a  very  heavy  rain  commeneed| 
which  continued  all  day  on  the  23d,  and  pre- 
vented my  start inff.  At  aibout  two  o'clock  P.  M., 
one  corporal  and  tour  soldiers  came  to  us;  they 
said  that  a  large  party  was  behind,  and  would 
come  up  to  us  next  day.  On  the  24th  Sergeant 
Mariano  Vernal  came  up  with  his  party,  and  in- 
formed us  his  orders  were  to  take  us  all  to  Santa 
Fe.  (Afterwards  we  were  told  he  had  Instme- 
tions  to  uke  us  alive  or  dead.)  We  secured 
again  our  goods  in  the  earth,  and  were  escorted 
to  New  Mexico.  When  on  our  way  there,  Ser- 
geant Vernal,  as  it  was  reported,  sent  a  detach- 
ment of  his  men  back  to  steal  our  property,  of 
which  we  never  heard  anything  until  three  days 
previous  to  our  leaving  Santa  Fe,  while  the  Gov- 
ernor made  a  kind  of  an  inventory  of  the  same. 
When  we  got  to  the  Rio  de  la  Culevra,  Chouteau, 
myseM*,  and  one  of  our  hands,  under  an  escort  of 
ten  men^  took  the  advance,  and  on  the  1st  of 
June  arrived  at  Santa  Fe.  I  was  first  introduced 
to  the  (Governor,  who  inquired,  in  a  very  angry 
manner,  why  I  had  not  obeyed  him,  when  or- 
dered to  go  out  of  the  Spanish  dominions?  i 
replied,  his  orders  were  obeyed  as  soon  as  re- 
ceived; that  we  were  taken  on  the  American  ter- 
ritory, where  our  Governor  had  giren  us  a  license 
to  go.  At  this  he  got  into  a  violent  rage,  saying 
that  we  should  pay  for  our  oWn  and  our  Gov- 
ernor's ignorance;  using  all  the  time  very  abu- 
sive language;  repeating  several  times  that  be 
would  have  our  brains  blown  up;  that  we  were 
fortunate  he  had  not  come  himselij  for  he  wooiil 
not  have  taken  us  alive. 

Mr.  Chouteau  told  me  since,  that  he  experi- 
enced the  same  treatment,  and  was  likewise  coft* 
fined  in  a  dungeon  and  in  irons. 

On  the  7th  of  the  same  month,  the  Lieutenant, 
Don  Jos6  Maria  de  Arce,  came  in  to  gvrt  the 
welcome  intelligence  that  the  Governor  had  or* 
dered  my  irons  should  be  taken  offl    After  forty- 


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APPENDIX. 


1966 


Hemieaiic  CitieB^Repeal  qf  IhUie$. 


foor^ays'  imprisonment,  we  were  presented  be- 
fore a  court  martial,  composed  of  six  members 
and  a  president,  who  was  the  Gbremor  himself. 
Only  one  of  the  six  members  appeared  to  hare 
some  information,  the  others  not  snowing  even 
how  to  sign  their  names.  Many  qaestions  were 
asked,  but  more  particularly  why  we  had  staid 
so  long  in  the  Spanish  dominions?  I  answered, 
that,  being  on  the  waters  of  the  Arkansas  rirer, 
we  did  not  consider  ourselves  in  the  domains  of 
Spain,  as  we  had  a  license  to  go  as  far  as  the 
headwaters  of  said  river.  The  president  denied 
that  our  Government  had  a  right  to  grant  such  a 
lieense,  and  entered  into  such  a  rage  that  it  pre- 
vented his  speaking,  contenting  himself  with 
striking  his  nst  several  times  on  the  table,  say- 
ing, gentlemen,  we  must  have  this  man  shot.  At 
such  conduct  of  the  president  I  did  not  think 
much  of  ray  life,  for  all  the  other  members  were 
terrified  in  his  presence,  and  unwilling  to  resist 
him;  on  the  contrary,  do  anything  to  please  him. 
He  (the  president)  ulked  much  of  a  big  river 
that  was  the  boundary  line  between  the  two 
conntries,  but  did  not  know  its  name.  When 
mention  was  made  of  the  Mississippi,  he  jumped 
np,  saving,  that  that  was  the  big  river  he  meant; 
that  Spain  had  never  ceded  the  west  side  of  it. 
It  may  be  easy  to  judge  of  our  feelings,  to  see  our 
lires  m  the  hands  of  such  a  man.  That  day  the 
court  did  not  come  to  any  determination,  because 
the  president  fas  I  heard  himself  say  to  Lieu- 
tenant de  Arce)  had  forgot  everything  he  had  to 
say.  Next  day  we  were  again  presented  to  the 
court,  but,  as  I  knew  then  what  kind  of  a  man  I 
had  then  to  deal  with,  I  never  atteinpted  to  justify 
myself  of  his  false  assertions.  We  were  dis- 
missed, and  Mr.  Chouteau  and  myself  put  in  the 


room. 

Half  an  hour  afterwards,  the  lieutenant  came 
in  with  a  written  sentence ;  we  were  forced  to 
kneel  down  to  hear  the  citureof  it,  and  forced 
likewise  to  kiss  the  unjust  and  iniquitous  sen* 
tence  that  deprived  harialess  and  inoffensive 
men  of  all  they  possessed— of  the  fruits  of  two 
years'  labor  and  perils. 

What  appears  the  more  extraordinary  is,  that 
the  Governor  acknowledged  to  me  afterwards, 
and  in  the  presence  of  Don  Pedro  Pino,  the  dep- 
uty of  New  Mexico  to  the  Cortes,  and  several 
others,  that  we  were  very  innocent  men ;  yet, 
notwithstanding  this,  all  our  property  was  kept, 
and  we  permitted  to  come  home,  each  with  one 
of  the  worst  horses  we  had. 

I  have  already  taken  too  much  of  your  time  in 
narrating  our  journey.  Many  incidents  are  prob- 
ablv  unnecessary,  but,  by  relating  facts  as  they 
really  are,  I  thought  you  would  sympathize  with 
our  sufferings.  Our  actual  loss  amounts  to 
#30,380  74J.  The  benefits  which  we  had  a 
probable^  indeed  a  most  assured,  confidence  to 
reap  from  our  labors,  would  no  doubt  have  fully 
compensated  us.  It  remains  now  to  know  whe- 
ther oar  Government  will  demand  satisfaction  of 
the  King  of  Spain  for  outrages  committed  by  his 
ignorant  Governor  on  American  citizens.  Our 
aeeoottU  have  been  forwarded  to  the  honorable 


J.  Sijott,  our  delegate,  and  we  hope  that  your 
Excellency  will  assist  our  case  with  the  zeal  and 
generosity  so  congenial  with  your  feelings  of 
justice.    I  remain,  dbc. 

„.   „    ,    _  JULIUS  DEMUN. 

His  Exc'y  William  Clark, 


HAN8EATIC  CITIES.— REPEAL  OF  DUTIES. 

[Proclamation  made  Aognst  1,  1818.] 
By  the  President  of  the  United  States  of  America.* 

A  PROCLAH ATION. 

Whereas,  by  an  act  of  Congress  of  the  United 
Sutes.  of  the  3d  of  March,  1815,  so  much  of  the 
several  acU  imposing  duties  on  the  ships  and  ves- 
sels, and  on  goods,  wares,  and  merchandise  Im- 
ported into  the  United  States,  as  imposed  a  dis- 
criminating duty  of  tonnage  between  foreign  ves- 
sels and  vessels  of  the  United  States,  and  be- 
tween goods  imported  into  the  United  States  in 
foreign  vessels  and  vessels  of  the  United  States 
were  repealed,  so  far  as  the  same  respected  the 
produce  or  manufacture  of  the  nation  to  which 
such  foreign  ship  or  vessel  might  belong;  such 
repeal  to  take  effect  in  favor  of  any  foreign  na- 
tion, whenever  the  President  of  the  United 
States  should  be  satisfied  that  the  discriminating 
or  countervailing  duties  of  such  foreign  nation, 
so  far  as  they  operate  to  the  disadvantage  of  the 
United  States,  have  been  abolished : 

And  whereas  satisfactory  proof  has  been  re- 
ceived by  me,  from  the  burgomasters  and  sena- 
tors of  the  free  and  Hanseatic  city  of  Hamburg, 
that,  from  and  after  the  13th  day  of  November, 
1815,  all  discriminating  or  countervailing  dutiea 
of  the  said  citv,  so  far  as  they  operated  to  the 
disadvantage  or  the  United  States,  have  been  and 
are  abolished : 

Now,  therefore,  I,  James  Monroe,  President  of 
the  United  Sutes  of  America,  do  hereby  declare 
and  proclaim,  that  so  much  of  the  several  acta 
imposing  duties  on  the  tonnage  of  ships  and  ve»* 
sels,  and  on  goods,  wares,  and  merchandise  im- 
ported into  the  United  States,  as  imposed  a  dis- 
criminating duty  of  tonnage  between  vessels  of 
the  free  and  Hanseatic  city  of  Hamburg  and 
vessels  of  the  United  States,  and  between  goods 
imported  into  the  United  States  in  vessels  of 
Hamburg  and  vessels  of  the  United  States,  are 
repealed,  so  far  as  the  same  respect  the  product 
or  manufacture  of  the  said  free  Hanseatic  city 
of  Hamburg. 

Given  under  my  hand,  at  the  City  of  Wash- 
ington, this  first  day' of  August,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  eight- 
een, and  the  forty-third  year  of  the  independence 
of  the  United  States. 

JAMBS  MONROE. 

By  the  President: 

JOHN  ftUINCY  ADAMS, 

Secretary  of  State. 

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1967 


j^fmms. 


]iM& 


Condition  of  South  America. 


CONDITION  OF  SOUTH  AMERICA. 

(Oemmunicated  to  Congresi,  NoTember  17  and  De« 
camber  15,  1818. — 2d  session  16Ui  Congress.] 

Mr.  Rodney  to  the  Secretary/  of  State, 

Washington,  Nov.  5, 1818. 

Sir  :  I  have  the  honor  to  present  the  report 
herewith  enclosed,  agreeably  to  the  desire  of  Mr. 
'Graham,  who,  on  reflection,  preferred  submitting 
sop^  additional  remarks  in  a  separate  paper.  For 
this  purpose,  two  of  the  documents  referred 
•Co  in  the  report  remain  in  his  possession — Dr. 
Funes's  Outline  of  Events  in  the  United  Prov- 
lAQea. since  the  Revolution,  and  the  Manifesto  of 
Independence  by  the  Congress  at  Tucuraan. 

I  have  the  honor  to  be,  with  great  respect,  your 
mosH  obedient  servant, 

C.  A.  RODNEY. 

Hop.  JoBU  Q,.  Adams,  Sec'y  qf  State. 


Mr*  Rodney  to  the  Secretary  of  State, 

Sib:  I  have  now  the  honor  to  submit  to  your 
OMiiideration  my  report  on  the  subject  of  the 
l^te  mission  to  South  America,  embracing  the 
inibrmatioo  derived  from  the  various  sources 
vilhin  vBty  power,  so  far  as  I  had  an  opportunity 
of  inprovioff  the  advantages  possessed. 

With  the  nistory  of  the  conquest  of  the  Span- 
ish possessions  in  America  you  must  be  familiar. 
They  were  principally,  if  not  exclusively,  achieved 
bif  private  adventurers.  When  completed,  a  most 
oppressive  system  of  government,  or  rather  des- 
potism, was  established  by  the  parent  country. 

These  extensive  rej^ions  were  originally  swayed 
hw  two  Viceroys.  The  dominions  of  Spain  in 
Karth  America  were  under  the  government  of 
ih«  Viceroy  of  Mexico,  and  all  her  possessions 
la  South  America  were  subject  to  the  control  of 
Ihe  Viceroy  of  Peru. 

The  remoteness  of  some  parts  of  the  country 
from  the  residence  of  the  Viceroy  of  Lima  occa- 
aioned,  in  1718,  the  establishment  of  another 
Viicerojralty  at  Santa  Fe  de  Bogota,  in  the  king- 
dam  or  New  Granada*  In  1731  New  Granada 
was  divided,  and  a  number  of  the  provinces  com- 
Msiog  that  kingdom  were  separated  from  it. 
These  were  put  under  the  jurisdiction  of  a  cap- 
lain,  general  and  president,  whose  seat  of  govern- 
«)eat  was  at  Caraccas. 

In  1568  Chili  was  erected  into  a  separate  cap- 
lain  ffeneralship;  in  1778  a  new  Viceroyalty  was 
aatablished  at  Buenos  Ayres,  comprehending  all 
Iba  Spanish  possessions  to  the  east  of  the  West- 
am  Cordilleras,  and  to  the  south  of  the  river 
Maranon. 

This  immense  empire  seems,  aecordinff  to  the 
laws  of  the  Indies,  to  have  been  considered  a 
distinct  kingdom  of  itself,  though  united  to  Spain 
%ad  annexed  to  the  crown  of  Castile.  In  this 
Hght  it  is  viewed  by  Baron  Humboldt,  in  his 
S«sM]r  on  New  Spain. 

With  some  slight  shades  of  difference  in  the 
regulations  esublished  in  these  Governments,  the 
profi^iAant  features  of  their  political  institutions 


exhibit  a  striking  resemblance,  as   the  geaasa,! 
system  was  the  same. 

Their  commerce  was  confined  to  the  partut 
country  and  to  Spanish  vessels  exclusivel|u 
They  were  prohibited,  under  the  penalty  of  deatL 
to  trade  with  foreigners.  The  natives  pf  Old 
Snain '  composed  the  body  of  their  merchants. 
Though  this  part  of  the  system  had,  previously 
to  the  revolution,  been  relaxed,  in  some  degree, 
(particularly  by  the  statute  of  free  commerce^  as 
it  is  styled,)  the  relief  was  partial,  and  the  re* 
strictions  continued  severe  and  oppressive* 

All  access  to  the  Spanish  settlements  wma 
closed  to  foreigners,  and  even  the  inhabitants  of 
the  different  provinces  were  prohibited  from  iA- 
tercour>e  with  one  another,  unless  onder  the 
strictest  regulations. 

The  various  manufactures  that  might  interface 
with  those  of  Spain  were  not  permitted.  Thef 
were  prevented,  under  severe  penalttesi  from 
raising  flax,  hemp,  or  saffron.  In  climates  most 
congenial  to  them,  the  culture  of  the  grape  and 
the  olive  was  prohibited.  On  account  o(  the 
distance  of  Peru  and  Chili,  and  the  difficulty  of 
transporting  oil  and  wine  to  these  remote  reffionsi 
they  were  permitted  to  plant  vines  and  oUvesi 
but  were  prohibited  the  culture  of  tobacco^  At 
Buenos  Ayres,  by  special  iodulgeace  of  the  Vica- 
roys,  they  were  allowed  to  cultivate  grapes  a^d 
olives  merely  for  the  use  of  the  table. 

They  were  compelled  to  procure  from  the  mo* 
ther  country  articles  of  the  first,  necessity,  aadL 
were  thus  rendered  dependent  on  her  for  the  con- 
veniences of  life  as  well  as  luxuries^  The  Citpwa 
possessed  the  monopoly  of  tobacco,  salt,  andgiuk<> 
powder. 

To  these  oppressive  regulations  and  restrietioiis 
was  added  an  odious  system  of  taxation,  Froa. 
the  Indians  was  exacted  a  tribute  in  the  sha|iieof 
a  poll  tax,  or  a  certain  servitude  in  the  niiies 
called  the  mita.  A  tenth  part  of  the  produce  of 
cultivated  lands  was  taken  under,  the  deooiiMa|i>- 
tion  of  tithes.  The  alcavala,  a  tax  varying  fjofft 
two  and  a  half  to  five  per  cent,  on  every  sale  aad 
resale  of  all  things  moveable  and  immofeable, 
was  rigidly  exacted,  though  in  some  casesa  oem* 
mutation  was  allowed.  Royal  ai^d  mojiiaipal 
duties  were  laid  on  imports  and  on  the  toiuuttc, 
entrance,  and  clearance  of  vessels,  under  the  du* 
ferent  appellations  of  almoxarifazgOi  sea.  akava^^ 
la,  cerso,  consulado,  armada,  and  armadilla.  To 
these  may  be  added  the  royal  fifths  of  the  pre- 
cious meuls,  the  most  important  tax  in  the  hiI* 
ning  districts.  Besides  all  tbese,  there  were 
sump  taxes,  tavern  licenses,  and  smoa  paid  iec 
the  sale  of  offices,  of  titles  of  nobilitv,  pa|lal  baUs, 
the  composition  and  confirmation  of  lands,  with 
a  number  of  others  of  inferior  grade. 

Under  the  Spanish  monarchs,  who  had  nw^f 
obtained  from  the  Pope  the  ecclesiastical  domia- 
ion,  and  thus  had  united  in  their  royal  persoaa 
all  civil  and  religious  authority,  a  most  oppiesp 
sive  hierarchy  was  established^  with  its  juunefoiia 
train  of  offices  and  orders,  succeeded  by  tl^  ift- 
quisition, 

The  posu  of  honor  and  profit,  firom  the  higheet 


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Qmiition  q/r  Skt^k  4mmcm^ 


f»ib«  UwMt,  w«M  iUei  9imm^  MchmTtlr  by 
natives  of  Old  Spain. 

Tke  priiMipftl  code  of  Uwb  4o#  viaiDUiniDg 
Uie  aoprtmaey  of  Spain  ovei  Umm  distant  le* 
gioaa,  almost  baked  up  from  tka  rest  of  the 
mMrld,  emaoattd  from  tba  Cowicit  of  thio  lodies, 
aalaUislttd  bv  tbe  King,  in  wbieb  he  was  sap^ 
poaed  to  be  always  pveseaL  The  royal  rescripts, 
the  leoopilatioaes  of  the  ladies,  and  the  partidas, 
famished  the  general  rales  oi  decision;  aad, 
when  theae  wete  silent  or  doubtful  reeooMo  was 
had  to  the  opinions  of  proiessiooal  men. 

This  aystern  wu  generally  executed  by  the 
▼ftoetoys,  en|»laina  general,  aud  by  the  tribunals 
of  justice,  with  a  spirit  corresponding  with  the 
tjaoroqs  polioy  that  ptodueed  it.  To  this  form 
oTfOvernment  the  country  had  for  centuries  sob* 
mitted  with  imi>licit  obedienee,  and  probably 
would  hare  coniinued  to  submit  much  longer, 
but  fer  events  in  this  country  and  the  changes  in 
Kiirope.  The  sagacious  muids.  of  many  able 
writers,  penetrating  into  the  future,  bad  predicted 
al  aome  distant  date  a  reToLution  in  South  Ame- 
rasft  before  that  in  North  America  bad  eom- 
menced.  From  the  period  of  tbe  succewful  ter- 
aatBajUoii  of  our  own  struggle  for  indepeadenee, 
thfUt  of  the  inhabitaau  of  the  south  has  been  with 
moM  ooofideoce  foretold ;  and  there  is  reason  to 
hulieve  it  has  been  haatened  by  this  fortunate 
aaaoi.  The  conduct  of  Spain)  durinff  tbe  wai  of 
oiiB  Revoluiion,  was  calculated  to  make  a  lasting 
lApreesion  on  her  colanies.  The  result  was  then 
foraseen  bv  intelligent  politicians ;  mauy  were 
aorpiiaed  that  she  could  be  30  Mind  to  her  own 
i^tiereata  after  she  had,  oi»  one  oecasioo,  mani* 
fealed  the  strou^eat  snspieioa  of  Paraguay ;  for, 
to  hat  sernpulou9  jealousy  of  tUs  Power  the  es- 
]HMfion  of  the  Jesuits  from  that  counuy  in  17{M) 
la  to  bQ  auribuied. 

The  wars  that  arose  from  Ihe  French  rerolu- 
tjon  hare  produced  in  Europe  changes  of  the 
pmUH  magnitude^  which  have  had  an  immense 
mAaeBaeontheafiainof  SouthAaierioa«  When 
Spain  joined  France  against  the  combined  princes, 
a)M  aapoeed  het  distant  possessions  to  British  hos- 
UUtias.  The  great  nuTal  power  of  England  gave 
her  ready  acoess  to  the  Ameucan  colonies.  En* 
«g«d  in  an  arduous  contest,  she  was  prompted 
hy  her  foeliaffi  and  interests  to  retaliate  on  Spain 
thu  conduct: she  expertaneed  from  her  during  the 
WVf  of  oiM  indepeadenee.  Bncooraged,  perhaps 
hf  the  councils  of  het  enemies,  the  first  symp«> 
toaaa  of  imiurreotiom  in  the  continental  posses- 
atoaa  of  Spain  were  exhibited  ia  tbe  year  1797, 
Ml  Ycneaoela*  These  were  suoeeeded  by  the  at- 
tafl»pu  of  Miranda  in  tiie  same  quarter,  which 
were  accompanied,  or  were  followedi  ainoe  the 
vwillating  state  of  the  Spanish  monarchy,  by 
MT^utionary  moyemeats  in  Mexico,  Granada^ 
PetfOi  Chili,  and  Buenos  Ayres;  and  from  which 
seaacely  any  nart  of  tbe  Spanish  dominions  In, 
America  has  been  entliely  exempt. 

The  occurrences  that  led  the  way  to  the  subse- 
yient  important  e?eiits  in  the  pro?inces  of  La 
rlaia  ware,  the  invasion  of  the  British  under 
PophaiR  and  Beresford  iu  the  year  VM^  «n4 


their  expulsion  a  few  months  afterwards  by  ikm 
collected  forces  of  the  country  under  Leniffs  aau 
Pueyrredon.  These  incidents  fortunately  gave 
to  the  people  a  just  idea  of  their  own  strength| 
and  they  afterwards  repelled,  with  a  firmnes&aad 
bravery  that  did  them  great  honor,  the  formid«. 
ble  attack  of  the  British  under  Oenatal  Whil- 
looke. 

The  wretched  state  to  whieh  Spain  waa  ia» 
duced  by  the  policy,  the  power,  and  tbe  arts  of 
Nanoieon,  the  resignation  of  Charles  the  Fourth 
in  fovor  of  Ferdinand  the  Seventh,  and  the  re- 
nunciation bv  both  in  favor  of  Napoleon,  were 
productive  of  the  most  important  results.  They 
threw  the  kingdom  into  the  greatest  confosiou. 
The  alternate  success  and  disasters  of  the  French 
armies  produced  a  new  era  in  Spain.  The  neo 
pie,  generally,  revolted  at  the  idea  of  being  goT« 
erned  by  the  brother  of  Napoleon,  to  whom  he 
had  transferred  the  crown.  Juntas  were  estalH 
lisbed,  who  acted  in  the  nigne  of  Ferdinand,  then 
confined  in  France.  These  were  substituted  fot 
the  ancient  Cortes  and  the  regular  council  of  the 
nation,  to  which,  in  times  ot  imminent  danger^ 
they  ought  to  have  recurred,  agreeably  to  their 
usages.  Conflicting;  authorities  produced  a  dis- 
tracted suite  of  aflSirs.  In  the  scenes  that  en- 
sued the  proper  attention  was  not  paid  to  the 
American  provinces.  Their  conduct  towards 
them  was  versatile  and  incocslstent ;  they  were 
lost  si^ht  of  or  neglected  until  it  was  too  late. 
Conceiving  they  were  abandoned  by  the  parent 
State,  they  thought  it  justifiable  to  act  for  them- 
selves. It  was,  not  very  long  before  the  inhabit* 
ants  of  Buenos  Ayres,  embracing  the  examj»le  of 
their  brethren  in  Spain,  established  a  Juolai 
which  assumed  the  reins  of  government,  and 
finally,  in  the  year  1810,  sent  off  the  Ticeroy 
Cisneros  and  his  principal  adherents.  For  a  sum* 
marjr  of  events  subsequent  to  this  period,  until 
the  time  of  my  departure,  I  beg  leave  to  refer  to 
the  '^Outline^  subjoined,  (Appendix  A,)  from  the 
pen  of  Dr.  Funes,  drawn  up,  in  part,  at  my  re- 
quest. Without  vouching  for  the  perfoot  accu- 
racy of  the  work,  I  think,  from  the  information 
received,  it  will  probably  be  found  to  contain,  in- 
general,  a  correct  and  impartial  sketch  ef  iho 
prominent  transaeiions  and  occurrences. 

In  perusing  this  inleresttng  document,  I  hav>e 
to  lament  that  its  pages  are  marked  with  seaM 
cases  of  severity  and  cruelty,  which  seem  almcat 
inseparable  from  great  revolutions.  It  must,  how- 
ever, be  consoling  to  observe,  that  they  appear  to 
have  passed  through  that  state  which  might  pee- 
sibly  nave  render^  examples  necessary,  and  !• 
have  arrived,  perhaps,  at  that  suge  when,  the 
passions  becoming  less  turbulent  and  tbe  people 
more  enlightened,  a  milder  system  may  be  ex- 
pected to  prevail 

Their  diMeDsions  have  produced  most  of  their 
calamities — in  such  seasons  they  were  naturally 
10  he  mcpected.  But  their  disputes  have  been 
principally  healed  by  tbe  prudent  and  eneigecic 
measures  of  the  Congress  which  comoMno^  ilt 
sittings  in  Tucuman  in  the  year  1815^  and  ad- 
journed  in  the  yaac  foUowiAg  from  thcaee  to 


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APPENDIX. 


1972 


Condition  of  South  America. 


Baeaos  Ayres,  where  it  remaiDs  in  session,  occa- 
pied  with  the  task  of  forming  a  permanent  con- 
stitution. This  respectable  body,  besides  acting 
as  a  convention  or  a  constituent  assembly,  exer- 
cises temporarily  legislative  powers.  Their  sit- 
tifijB^s  are  public,  with  a  gallery  of  audience  for 
citizens  and  strangers.  The  debates  are  frequent- 
ly interesting,  and  are  conducted  with  ability  and 
decorum ;  they  are  published  every  month  for 
the  information  of  the  people. 

The  dispute  with  Artigas,  the  chief  of  the  Ori- 
entals, has  not  been  adjusted.  This,  with  a  cer- 
tain jealousy  of  the  superior  influence  of  the  city 
of  Buenos  Ayres  on  the  general  afiairs  of  the 
provinces,  the  conduct  of  the  Government  of 
Buenos  Ajrres  towards  the  Portuguese,  and  the 
high  tariff  of  duties  which,  I  understand,  have 
been  since  reduced,  appeared  to  constitute  the 
principal  causes  of  dissatisfaction  at  the  time  of 
my  departure. 

The  declaration  by  Congress  of  that  indepen- 
dence which  they  had  for  many  years  previously 
maintained  in  fact,  was  a  measure  of  the  highest 
importance,  and  has  been  productive  of  a  una- 
nimitjr  and  a  decision  before  unknown.  This 
summit  of  their  wishes  was  only  to  be  reached  by 
slow  and  gradual  progress.  The  public  mind 
had  to  be  iflumined  on  the  subiect  by  their  pul- 
pits, their  presses,  and  their  public  orations.  The 
people  were  to  be  prepared  tor  the  event ;  when 
the  season  arrived,  they  cut  the  knot  which  could 
not  be  untied.  The  declaration  of  independence 
was  adopted  in  the  directorship  of  Mr.  Pueyrre- 
don,  on  the  9t^  day  of  July,  1816.  It  was  suc- 
ceeded b^  an  able  exposition  of  the  causes  that 
extorted  it.  to  justify  to  their  fellow-citizens  and 
to  the  world  the  measure  they  had  deliberately 
voted  to  support  with  their  fortunes  and  their 
lives. 

Believing  the  latter  paper  might  be  thought 
worthy  of  perusal,  a  translation  has  been  an- 
nexed, (Appendix  d.) 

The  salutary  influence  of  this  bold  and  deci- 
sive step  was  at  once  felt  throughout  the  coun- 
try. It  gave  new  life  and  strength  to  the  patri- 
otic cause,  and  stability  to  the  Government.  The 
victories  of  Chacabuco  and  Maipu,  achieved  by 
the  arms  of  Chili  and  Buenos  Ayres,  have  pro- 
duced and  confirmed  a  similar  declaration  of  in- 
dependence by  the  people  of  Chili,  which  is  also 
annexed,  (Appendix  C,*)  and  cemented  the  cor- 
dial union  existing  between  the  confederate 
States.  The  consequence  has  been  that,  within 
these  extensive  territories,  there  is  scarcely  the 
vestige  of  a  royal  army  to  be  found,  except  on 
the  borders  of  Peru. 

Having  thus,  in  connexion  with  the  succinct 
account  ^iven  by  Dr.  Funes,  traced  the  principal 
events  since  the  revolution  in  Buenos  Ayres,  I 
shall  proceed  to  state  the  result  of  the  informa- 
tion receivedj  according  to  the  best  opinion  I 
could  form,  of  the  extent,  population,  government, 
and  resources  of  the  United  Provinces,  with  their 

*  Not  tranimittod. 


productions,  imports  and  exports,  trade  and  com- 
merce. 

The  late  Viceroyalty  of  Buenos  Ayres,  of  which 
that  city  was  the  metropolis,  was  by  many  con- 
sidered the  largest  as  well  as  the  most  valuable  of 
all  the  Spanish  dominions  of  South  America,  ex- 
tending, in  a  direct  line,  from  its  north  to  its 
south  boundary,  a  distance  of  more  than  two 
thousand  miles,  and,  from  its  eastern  to  its  west^ 
em,  not  less  than  eleven  hundred. 

It  was  composed,  at  the  commencement  of  the 
Revolution,  of  the  nine  provinces  or  intendencies 
following:  Buenos  Ayres,  Paragoav,  Cordora, 
Salta,  Potosi,  La  Plata,  Cochabamba,  La  Paz, 
and  Puno. 

Watered  by  the  great  river  La  Plata,  and  its 
numerous  tributary  streams,  which  afford  an  easy 
communication  with  countries  of  immense  ex- 
tent, and  furnishing  an  easy  access  to  the  treas* 
ures  of  South  America,  it  has  always  been  re- 
garded by  Spain  as  one  of  her  most  preeions 
acquisitions.  Enjoying  every  variety  ofclimate 
to  be  found  between  different  and  distant  lati- 
tudes, and  blessed  with  a  large  portion  of  fertile 
soil,  it  is  capable  of  producing  all  that  is  to  be 
found  in  the  temperate  or  torrid  zones.  Immense 
herds  of  cattle  and  horses  graze  on  its  extensive 
plains,  and  constitute,  at  this  time,  their  princi- 
pal source  of  wealth.'  The  mines  of  Potosi  are 
also  included  within  its  boundaries.  There  are 
no  woods  for  a  very  considerable  distance  from 
Buenos  Ayres.  No  forest  trees  are  to  be  seen  on 
the  widely-extended  pampas,  except  at  intervals 
a  solitary  umboo.  After  passing  the  SaladiUo,  in 
a  northerly  direction,  the  woods  begin ;  and,  pro- 
ceeding in  the  upper  provinces,  the  hills  appear, 
and  mountains  rise  in  succession,  interspersea 
with  rich  valleys.  On  the  east  side  of  the  rivers 
La  Plata  and  Parana,  the  country  is  said  to  be 
very  fine.  The  Entre  Rios  is  represented  as 
capable  of  being  made  a  garden  spot;  and  tlie 
Banda  Oriental  presents  hills  and  dales,  rich  bot- 
toms, fine  streams  of  water,  and,  at  a  distance 
from  the  great  river,  on  the  banks  of  the  smaller 
streams,  some  excellent  woodland.  Between 
Maldonado  and  Montevideo,  the  east  ridge  of  the 
Cordilleras  terminates  on  the  river  La  Plata. 

Since  the  Revolution  five  more  provinces  have 
been  erected,  making,  in  all,  fourteen  within  the 
limits  of  the  ancient  Viceroyalty,  viz:  Tacuman, 
taken  from  Salta;  Mendoza,  or  Cnyo,  taken  from 
Cordova;  Corrientes;  Entre  Rios,  comprising 
the  country  between  the  Uruguay  and  the  Para- 
na ;  and  the  Banda  Oriental,  or  eastern  shore  of 
the  river  La  Plata.  The  two  last  were  ukea 
from  the  province  of  Buenos  Ayres,  which  wis 
thus  reduced  to  the  territory  on  the  south  side  of 
that  river.  The  subordinate  divisions  ik  the 
country,  with  the  principal  towns,  will  be  foand 
in  the  appendix  to  this  report,  with  an  aeconC 
of  the  produce  or  manufactures  of  the  diSartAt 
districts.    (Appendix  D.) 

Of  the  fourteen  provinces  into  which  tke  an- 
cient Viceroyaltjr  is  now  divided,  five  were,  at 
my  departure,  principally  occupied  by  the  royal 
forces,  (which,  in  consequence  of  the  victory  of 


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AFfPBNmX. 

Qmdition  of  South  Ameriea. 


1974 


Maipu,  were  expeeted  soon  to  retreat  to  Lower 
Peru,)  (or  partially  ander  their  influence,  Tiz^ 
Potosi,  La  Plata,  Cfoehabamba,  La  Paz,  and  Puno; 
and  the  nine  following,  independent  de  facto  of 
Spain,  were  in  the  possession  of  the  patriots,  viz., 
Buenos  Ayres,  Paraeaay,  Mendoza,  Salta,  Gor- 
Tientes,  Cordova,  Tuenman,  Entre  Rios,  and 
Banda  Oriental.  Bat  Paragaaj  and  the  city  of 
Santa  Fe,  act  independently  or  Bnenos  Ayres — 
though  Paraguay  is  not  on  unfriendly  terms  with 


them,  and  it  is  hoped  by  some  will  before  long 
join  the  union.  Entre  Rios  and  the  Banda  Ori- 
enta),  under  Qeneral  Artigas,  in  the  character  of 
Chief  of  the  Orientals,  are  in  a  state  of  hostility 
with  Buenos  Ayres. 

Montevideo,  the  capital  of  the  eastern  shore, 
was  occupied  by  a  Portuguese  army,  and  a  squad- 
ron of  ships  of  war  of  Brazil  blockaded  the  ports 
of  Colonia  and  Maldonado,  and  prohibitea  the 
entrance  of  neutral  vessels,  unless  they  paid  them 
the  same  duties  on  their  cargoes  that  were  charged 
on  the  importation  of  the  goods  when  landed  in 
the  country.  , 

The  territory  of  the  United  Provinces  is  com- 
puted to  contain  one  hundred  and  fifty  thousand 
square  leagues,  though  it  probably  exceeds  that 
quantity.  The  lands  occupied  in  the  country, 
remote  from  the  cities,  are  generally  converted 
by  their  owners  into  estanias.  or  large  grazing 
farms  for  cattle,  and  chacras  for  growing  grain. 
The  small  farms,  or  quintas,  in  the  neighborhood 
of  cities,  are  in  fine  order.  Those  around  Buenos 
Ayres,  which  furnish  their  market  with  an  ample 
supply  of  fruit  and  vegeUbles,  are,  by  irrigation, 
in  the  highest  state  of  culture. 

The  population,  exclusive  of  the  Indians,  is  now 
oalculated  at  about  one  million  three  hundred 
thousand ;  but  adding  the  civilized  Indians  onlv, 
who  are  of  great  importance,  it  would,  in  all, 
probably  exceed  two  millions. 

The  whole  population  eonsisu  of  natives  of 
Old  Spain,  and  their  descendants  born  in  the 
country,  or,  as  they  style  themselves,  South 
Americans ;  of  Indians  civilized,  or  unreclaimed, 
with  different  "  castes,"  or  mixed  blood ',  of  Afri- 
cans, and  their  descendants,  or  negroes  and  mu- 
lattoes. 

I  could  not  ascertain,  with  satisfaction,  the  pop- 
ulation of  the  different  provinces;  the  province 
of  Buenoe  Ayres  contains  about  one  hundred  and 
twenty  thousand,  whilst  the  population  of  Entre 
Rios  and  Banda  Oriental  is  computed  at  fifty 
thousand. 

The  city  of  Bnenos  Ayres  contains  a  popuU- 
tion  of  sixty  thousand.  The  inhabitante  of  this 
place  appear  to  be  an  amiable  and  interesting 
people.  They  are  considered  brave  and  humane; 
poiaessing  intelligence,  capable  of  great  exertions 
and  perseverance^  and  manifesting  a  cheerful  de- 
votion to  the  cause  of  freedom  and  independence. 

There  is  also  a  certain  mediocrity  and  equality 
of  fortune  prevailing  among  them,  extremely  fa- 
vorable to  a  union  of  the  popular  sentiment  in 
support  of  the  common  weal.  Many  industrious 
mcehanica  cud  enter^ising  merchanta  are,  how- 


ever, inereasine  their  estates,  and  adding  to  the 
stock  of  capital  in  the  country. 

The  people  of  the  province  of  Buenos  Ayrts,^ 
residing  out  of  the  city,  are,  generally  speaking, 
poor,  and  rather  indolent,  though  a  hardy  race; 
and,  when  excited  to  action,  they  become  zealoas 
defenders  of  the  liberties  of  their  country.  They 
are  capable  of  great  improvement,  and  under  the 
influence  of  a  ffood  example,  when  a  change  takes 
place  in  their  habits  and  manner  of  living,  they 
bid  fair  to  become  useful  and  industrious  citizens. 
The  inhabitants  of  Cordova  are  said  to  be  more 
superstitious  and  more  industrious,  but  less  patri- 
otic. This  is  principally  attributed  to  the  loss  of 
the  trade  with  Peru,  occasioned  by  the  revolu- 
tionary war. 

Tucuman,  I  was  informed,  possessed  an  excel- 
lent population. 

The  people  of  Mendoza,  or  Cuyo,  are  moraL 
industrious,  and  j^triotic.  They  have  sacrificed 
largely  at  the  shrine  of  independence,  supporting 
with  zeal  and  confidence  the  cause  or  their  coqa- 
try;  whilst  the  citizens  of  Santa  Fe  are  repre- 
sented as  immoral  and  insubordinate,  and  oiani- 
festing  on  most  occasions  an  extreme  jealousy  of 
their  neighbors. 

The  population  of  Entre  Rios  and  Banda  Ori- 
ental is,  perhaps,  not  inferior  in  valor  to  that  of 
Buenos  Avres;  nor  is  it  deficient  in  military  skill, 
particularly  in  carrying  on  a  partisan  warfare,  for 
which  iu  troops  are  admirably  adapted.  Their 
other  good  qualities  have  been  probably  some- 
what impaired  by  the  system  pursued  in  that 
quarter,  where  they  have  been  compelled  to  give 
up  everything  like  civil  avocations,  and  to  con- 
tinue without  any  regular  kind  of  government, 
under  the  absolute  control  of  a  chief,  who,  what- 
ever may  be  his  political  principles  or  professions, 
in  practice  concentrates  all  power,  legislative, 
judicial,  and  executive,  in  himself. 

The  General  Congress  of  the  United  Prov- 
inces assembled  at  Buenos  Ayres,  on  the  3d  of 
December,  of  1817,  esublished,  by  a  provisional 
statute,  a  temporary  form  of  Government,  which 
will  be  found  in  appendix  marked  E. 

This  Congress  is  composed  of  deputies  from 
the  different  provinces.  It  actually  consists  of 
twenty-six  members;  but,  as  a  representative  is 
allowed  for  every  fifteen  thousand  citizens,  it 
would  be  more  numerous  if  all  the  provinces  nad 
sent  delegates  in  that  ratio  of  population. 

With  some  exceptions,  and  particularly  of  that 
palladium  of  our  tichta  which  is  unknown  to  the 
civil  law,  the  trial  oy  jury,  the  provisional  gov- 
ernment will  be  found,  on  an  attentive  perusal, 
to  contain  a  distinct  recognition  of  many  of  the 
vital  principles  of  free  government  A  church 
establishment,  also,  that  of  the  Catholic  faith,  is 
contrary  to  our  ideas  of  religious  freedom,  thouffh 
a  measure  adopted  from  necessity,  perhaps,  by 
them. 

It  declares  that  all  power — legislative^ udicial, 
and  executive-*-resides  in  the  nation^  The  Con- 
gress are  to  be  chosen  by  electors,  who  are  to  be 
voted  for  bv  the  people  in  the  primary  aaaembUea. 
The  Cabildos,  or  municlpalitie^are  to  be  elected 


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iMBBtAuitdf  by  (be  citisM«s>  It  wcoftiieB  iha 
iadependence  of  the  jiidtei»ry,  and  4«eki«8  the 
teoQM  of  office,  with  reepect  to  the  eapertor 
JBdgei,  to  be  dxains  good  belMviour.  It  ptofidee 
lev  the  dettlioiL  of  a  Chief  Magiilrite  hy  Ooq** 
gmi,  lenuHrahle  whea  they  choose  to  appoint  a 
laeeeBsor,  vmi  respooflible  for  the  exficutioa  of  the 
dntke  of  hie  offiee,  which  eie  defined  and  limited. 
Ift  $ik9  09Ak  of  offiee^  he  ia  swocn  to  preserra  the 
iyitfrity  and  independenee  of  the  oouatty. 

The  tbKee  ffoeat  DeparttneBts— of  State,  of  thie 
Tieeewjr,  and  of  Wax-— are  distiaetiy  narked  out, 
attd  their  rtspeetive  powers  and  dnties  atsicaed. 

Oa  tome  subjects,  it  enters  more  into  decailthan 
is-  vsnai  with  ns,  particttlarly  in  thoee  of  their 
army,  navy,  and  militia ;  bat  this,  perhaps,  in  their 
sitoalioa,  was  aeeessary. 

It  provides  that  no  citizen  shall  accept  a  title 
of  nobilky,  without  forfeiting  the  ohacacter  of 
cittzcndbip. 

It  ptovides  also  a^aiast  aeaeial  wucrants^  and 
tha  arrest  of  indindnab,  awess  oa  prohable  proof 
ofrailt. 

it  contains  a  salutary  prortsion  thai  a  judge, 
having  origpinai  jnrisdiction,  before  taking  cogni- 
zance of  a  cause,  shall  use  all  possible  means,  of 
reconciling  the  parties.  This  constitution  is  but 
temporary.  Tne  Congress  ave  ^Msaged  in  the 
task  of  forming  a  permanent  one.  In  the  mean- 
thne  BO  alteration  can  be  made  in  the  poesent^ 
unless  with  the  consent  of  two*thirds  of  tha 
members.  In  this  manner  some  alterations  have 
been  adopted. 

The  subject  of  a  permaneiu-  constitution  was 
before  a  committee  of  sixteen  members  of  Cob* 
grain  There  was  a  difference  of  opinion  pc»- 
vailaag  among  them  on  the  point  of  a  confoder^ 
ated  or  a  consolidated  Ctovemment.  If  they 
should  adopt  the  former,  they  will  frame  the  coni> 
stitution,  in  all  probability,  nearly  after  the  modei 
of  that  of  the  United  States.  Should  they  decide 
on  tile  latter,  it  b  highly  probable  they  will  in^ 
oorporate  the  leading  foa^res  of  our  system  into 
their  form  of  Gbveniment.  Thev  aeeoL  to  con- 
cur in  the  propositicm  to  have  a  Caief  Magtstmte 
etected  for  a  term  of  years,  and  a  Representative 
Legislature,  to  consist  of  two  brandiefr-**a  Sea- 
ate,  to  constitute  the  most  permanent  body,  and 
a  House  of  Bepreseatatives^  vrhose  tetm  of  ser- 
vice will  be  of  shorter  duration. 

Perhaps  it  wouM  be  better  for  them  to  delay 
the  completion  of  this  all^mpoitant  task,  after 
the  eaampte  of  the  United  States,  uatit  a  period 
of  peaee.  Their  present  provisional  statme  is  an 
improvement  on  those  which  preceded  it ;  and  we 
mav  expect  their  proposed  constilutiQa  will  be 
siili  more  perfect  as  they  advance  in  the  knowl- 
edge  of  those  principks  on  u^ich  repnblioan 
Qovemivents  are  constituted. 

Bat,  however  free  in  theory  this  provisional 
statute  may  be,  it  is  undoubtedly  true  that,  unless 
administered  agreeably  to  its  letter  aadsnirit,  it 
will  not  afford  security  to  tha  aitizea.  Whether 
aoy  infractions  have  oocurred  since  the  date  of 
iteeocisteBoe  I:  cannot  pretead  to  determine,  not 
bciag  la  AiH  possession  of  tha  foots. 


Whea  we  recollect  that  ihey  have  tha 
of  our  exampk^  it  may  reasonably  be  expected 
that  they  wilt^  in  general,  adhere  to  their  written 
oonstitiHion.  They  have  also  the  fatal  resnli  aC 
the  French  Revolution,  warning  them  of  the  da»* 
gers  of  its  excesses,  of  which  ihf  y  appear  ta  da 
sensible. 

The  productions  and  the  manufactures  of  tba 
different  provinires  will  be  found  ia  appendix  l>s 
bqt  I  was  unable  to  procure  any  satisfactory  eat»- 
maiss  of  the  probable  value  or  amount  in  eaek 
proviace.  There  is,  however,  a  consideraUe  iac 
ternal  trade  carried  on,  in  the  imerohaoge  of 
various  articles  between  the  several  proviacea^ 
cattle,  horses,  and  mules,  furnish  a  considerabU 
source  of  barter;  with  the  latter,  Peru  is  usually 
supplied ;  the  Paraguay  tea  is  a  great  article  of 
trade  throughout  the  country ;  the  brandy,  wine^ 
raisinsj  and  figs  of  Mendoza  and  San  Juan,  are 
becoming  important ;  the  hides  of  oxen,  the  skins 
of  the  vaccina  andgranaco,  with  a  numoer  of  fine 
fura,  afford  valuable  articles  of  exchange.  These^ 
with  the  foreign  goods  transported  in  ererj  di- 
rection from  Buenos  Ayres  very  readily  by  oxen 
and  mules,  which  also  furnish  the  means  of  car- 
rying their  native  productions  to  their  s«aportS| 
form  a  branch  of  trade  of  great  magnitude,. coa* 
sidering  the  population  of  the  country. 

Their  exports  are  calculated,  with  some  degree 
of  accuracy,  at  ten  millions  of  dollars.  Theea 
consist  principally  of  ox  hides,  jerk  beef,  and  tai* 
low,  the  present  great  staples  of  the  country  i  a 
variety  or  furs  and  peltry,  some  grain,  coppe^ 
mostly  brought  from  Chili,  with  gold  and  silver 
in  bullion,  and  in  coin,  chiefly  from  the  mines  of 
Potosi. 

The  imports  are  computed  to  be  about  equal 
to  their  exports ;  British  manufactures  form  tha 
principal  mt^s,  and  they  arci  to  be  had  in  great 
abundance.  They  consist  of  woollen  and  cotton 
goods  of  every  description,  some  of  them  wroti^t 
to  imitate  the  manufactures  of  the  country ;  iron- 
mongery, cutlery,  hardware,  saddlery,  hate,  pot* 
ter,  ale,  and  cheese,  are  among  the  remainini^ 
articles. 

Prom  the  United  States  they  receive  lumber 
of  all  kinds,  and  forniture  of  every  descrtptioB, 
coaches  and  carriages  of  all  sorts,  codfish,  mack- 
erel, sha<^  and  herring,  bather,  boots  ana  shoesi 
pcmder,  and  munitions  of  war  and  naval  storea 
ships  and  vesscb.  particularly  thoae  caioulatea 
for  their  navy  or  for  privateers. 

From  Brazil  they  receive  sugar,  ooffee,  eottao^ 
and  rum. 

Prom  the  north  of  Rurepe  thev  receive  steel 
aud  iron^  and  from  France  a  aumber  <^  articles 
of  its  manufacture. 

Their  foreign  commerce  is  principally  carried 
on  by  British  capitalist,  though  theia  are  aoaaa 
Americans,  a  few  Freneh,and  other  foreign  mer- 
chants, also  settled  at  Buenos  Ayree;  th^  are 
all  placed,  I  believe,  on  the  same  footing  of 
equality. 

Therevenue  of  the  State  may  be  estimated  at 
ahaut  three  millioas  of  dollars  annually ;  but  thaic 
syataaiof  finaaim  im  very  imfnrleot,  and^  although 


Digitized  by 


Google 


im 


APHSnOtK. 


mm 


Omdmon  tf  Bmtk  A»M»*fab. 


tbeir  debt  is  unaH,  thtir  credit  is  low.  They  bare 
hitherto  avoided  the  issniiiff  of  paper  money,  and 
(hey  have  established  do  bank ;  but  they  have 
sometimes  anticipated  their  revenue,  by  living 
di»  bills  receivable  in  paym^t  for  onties  on 
ffoods  imported  or  articles  exported.  The  impost 
fttmishes  the  principal  part  of  the  revenue.  A 
copy  of  their  tariff,  as  at  first  established,  was 
aome  time  since  transmitted,  I  believe,  to  the  De- 
partment of  State ;  in  this  the  duties  were  gene- 
nlly  specific  and  high.  I  understand  they  have 
been  lately  reduced,  as  their  exorbiuncy  had  oc- 
casioned much  smQjTgling. 

Voluntary  contributioBs  from  those  friendly  to 
the  Revolution,  and  forced  loans  from  the  Old 
Spaniards,  have  constituted  another  portion  of 


iag,  against  whieh  the  Commiatloners  w«fa  «. 
rected  to  remonstrate.  Having  taken  an  (hmn». 
tun^y  of  ezpkiniBg  to  Mr.  Tagle,  the  Seertlary 
of  State,  the  proceedings  of  our  Qovemmdnt 
relative  to  Amelia  Island  and  Galveston,  agree- 
ably to  their  iastraetfons,  the  Oommissioners  etti- 
braced  a  suitable  occasion  to  urge  the  just  eaoae 
of  oompkittt  which  the  malpraetiees  of  private 
wrmed  vessels,  wearing  the  patriot  ooiera,  kad 
fbraished  eur  Government;  on  both  topics  they 
had  long  and  inlerestiog  conversations.  Wim 
the  conduct  of  the  Government  respeotijig  Aim- 
lia  Island  and  Galveston,  Mr.  Tagle  expressed, 
himself  perfectly  satisfied,  and  he  dlsehitmed  ler 
his  Government  any  privicy  or  partiripatioii  io 
the  lodgments  tnade  at  tivose  places,  by  peiMde 


--~  ...«.   v».«w«iauuj^uio   uare    u«ca    iBKCa   lUK 

view,  and  are  comprised  in  the  estimate  furnish 
ed-^  thing  unusual  with  us;  but  they  have 
omitted  their  public  lands,  which,  if  a  prudent 
use  be  made  of  them,  must  at  no  disunt  day  be- 
^me  a  very  productive  source  of  revenue  to  the 
State. 

The  mines  of  Potosi,  which  in  all  probability 
wal  very  soon  fall  into  their  hands  again,  may 
furnish  them  with  a  considerable  supply  of  the 
precious  metals.  It  is  stated,  on  respectable  au- 
thority, that,  so  late  as  the  year  1790.  the  amount 
of  gold  and  silver  coined  at  Potosi  in  that  year  was 

S^^^o  ill  ^"^  ^.*^®  ^^^  $299,846  in  gold,  and 
$2,983,176  in  silver.  ' 

The  state 
their  navy, 
gioal  return  ^ ^  ^^^p^uui*  * .  . 

Their  army  is  eomposed  ef  regular  troops,  cior- 
eos,  and  mihtia  %  in  one  or  other  of  these  classes. 


great  irvcffufairities  had  occurred,  though  hisGtfr- 
ernmeut  had  done  everything  in  their  ptfwer  to 
prevent  them,  and  were  wiUing,  if  any  inetanee 
of  aggression  were  pointed  out,  to  direct  nn  in- 
quiry vam  the  case,  and,  if  the  fttets  were  ealab- 
lished,  to  punish  theee  oOBcemed,  aad  redress  tin 
injured  individiMtla.  He  prefested  his  renlmeaa 
to  adopt  any  measures  that  would  more  efi^tu- 
ally  prevent  a  recurrence  of  such  acts,  in  which 
he  ejn>ressed  his  belief  that  the  privateers  of  Bue- 
nos Ayres  had  rarely  participated,  though  the 
character  of  the  Gk)vernment  had  suffered  from 
the  conduct  of  others.  He  stated  that  they  had, 
I  on  one  occasion,  sent  out  some  of  their  public 


'  ju  nxvcr.  i  uu  uuc  vccitsiuu,  9vu\  oui  some  01   lUCir   pUOUC 

te  of  their  army,  and  the  condition  of  ^^^^  *°  examine  all  cruisers  wearing  the  Bue- 
,  will  be  seen  by  a  reference  to  the  ori-  ^^^  Ayrean  flag,  to  see  that  they  were  lawfuUy 
a  presented.    (Appendix  F.*)  commissioned,  and  to  ascertain  whether  they  had 

•my  is  composed  ef  regular  troops,  cior-    '''^^^^^  ^^«^'  instructions. 
, mihtia  i  in  one  or  other  of  these  classes, 

they  are  educated  to  the  militaiy  art,  and,  as  ftr 

as  I  had  an  opportunity  and  was  capable  of  judg- 

IStf.  their  AnnAArAil  t/i  Ko -^^II  .. f.^^j  _•*>   ^P 


tag,  they  app^red  to  be  well  acquainted  with  xSe 
elements  of  tbeir  prolessios.  Their  forces,  ac- 
cord log  to  the  paper  furnished,  are  estimated  at 
■5VJLr"^?.  theasand  asen.  They  are  composod 
of  1,296  artiUerv,  13,693  infantry,  and  U,768^i^. 
airy,  ef  wbieh  12,143  are  troops  of  the  line,  7,041 
•re  eiorceiS  and  10.573  militiT  These  ibm  the 
djfferen  tarmies  of  the  centre  of  Peru,  of  the  Ao- 
^  Pf  Cordova,  and  the  auxiliary  forces  in  the 
Mu\t%  Ries.  This  stntement,  however,  only  in- 
^Ittdes  the  mihtm  of  the  province  #f  Bimts 
Ayrea  itself.  Their  supply  of  ams  and  mani- 
linns  ^f  WW  is  ample,  as  will  be  seen  by  the  state- 
m^X  annexed  on  that  subject. 

Tbenr  navy  h  small,  and  setneef  4hgir  veseeis 
•re  laid  up  in  ordinary.  A  liet  of  th^m,  as  iHeU 
M  of  their  privateers,  will  be  found  in  Appcvdix 
F.*  Their  private]  armed  vessels  aresttbwet«d 
to  very  strict  reguktieas,  agreeably  to  tjieir  prise 
eode,  which  is  among  the  original  papers  pre- 
eeo«fd  and  herewith  delivered.^lt  naay  Ss  prSJ^ 
in  this  place  to  murodnce  ihesiibjectrfihe  irri^ 
nlar  eoAduet  of  the  privateers  uadw  the  patriot 


*IlM 


ivMsned  16  Isiiet  sent. 


violated  their  instructions. 

Amonff  the  causes  ef  dissatisfaction  to  whieh 
I  have  alluded,  the  preponderance  of  the  capital 
has  been  mentioned.  Its  great  weight  in  the 
scale  of  national  affairs  is  to  be  ascribed  to  its 
gre<^r  exertions  in  the  national  cause.  Tbese 
are  owiog  to  its  comparative  wealth,  and  to  its 
active,  iatellitfent,  and  enterprising  population. 
The  armies  that  have  been  raised  in  4hls  city 
and  the  neighboring  country,  with  the  supplies 
in  monev  ami  muniuons  of  war  drawn  iromthese 
sources,  Imve  been  trulv  extraordinary. 

It  would  be  a  dificuft  task  to  make  an  exact 
calculation,  or  to  form  even  a  probable  estimate, 
but  all  seemed  to  concede  the  superior  merit 
claimed  on  account  of  tbeir  exertions^  when  com- 
pared with  their  wealth  and  population;  and  it 
IS  not  unlikely  that  Buenos  Ayres  has,  in  conse- 
quence, assumed  a  higher  tone,  and  acquired  a 
controlling  influence,  which  ehe  has  sometimes 
abused. 

Another  source  of  dfscomeiie  is,  the  unfortu- 
nate dispute  between  the  Banda  Oriental  ttid 
Buenos  Ayres,  which  had  also  an  influence  on 
the  proeeediogs  of  the  latter  towards  the  Pot- 
tusuese. 

The  original  cause  of  division  may  be  traced 
to  a  jeiklotisy  long  subsisting  between  the  rival 
cities  nt  MonteWdety  imd  Boenos  Aytee.    TMs 
<  liras  beeome  hafbhnal,  end  tas  extended  to  the 

Digitized  by  VjOOQIC 


I9T9 


AFPMKDm. 


IMO 


0(mdiium  i/ South  America. 


cooatrr.    PriTACe  inuretts  and  persooal  views 
hare  abo  increased  their  dissensions. 

Gkieral  Artigas  Twho  bears  tbe  character  of 
chief  of  the  OrienUls,  as  has  been  already  stated, 
and  has  also  assamed  that  of  the  Protector  of  the 
Bntre  Rios  and  Santa  Fe)  was  originally,  in  the 
royal  serrioe,  a  captain  in  a  prorincial  corps.  In 
this  he  continued  for  some  time  after  the  rerolu- 
tion  had  commenced  at  fioenos  Ayres.  Bat,  in  the 
year  1811,  taking  offence,  as  it  is  said,  at  some 
conduct  of  the  Spanish  commandant  ot  Colonia, 
he  abandoned  the  royal  cause,  and  entered  into 
the  service  of  the  patriots.  So  early  as  the  year 
1813,  when  acting  against  Montevideo,  he  became 
dissatisfied  with  Sarratea,  the  Commander-in- 
Chief  from  Buenos  Ayres.  On  his  removal  from 
the  head  of  thd  army,  he  quarrelled  with  General 
Rondeau,  who  it  was  supposed  would  have  been 
aecepuble  to  him,  and  finalk  withdrew,  before 
the  sieffe  of  Montevideo  was  finished  under  €kn- 
•ral  Alvear.  For  this  conduct,  Posadas,  when 
he  succeeded  to  the  Government,  treated  him  as 
a  deserter  from  their  service.  By  a  proclama- 
tion, he  offered  a  reward  for  his  apprehension, 
and  set  a  price  upon  his  head— an  act  which  Gen- 
eral Artigas  never  forgot  or  forgave. 

During  the  subsequent  directorship  of  Alvear, 
he  induced  the  Cabildo  of  Buenos  Ayres  to  issue 
a  similar  proclamation  against  General  Artisas. 
When  Alvear  was  dismissed,  the  people  of  Bue- 
nos Ayres  endeavored  to  atone  for  their  conduct 
by  burning,  with  every  mark  of  ignominy,  the 
degrading  proclamation.  They  also  addressed  a 
conciliatory  letter  to  the  General,  and  received 
from  him  a  corresoonding  answer.  These  were 
I>relimiDary  to  a  fruitless  attempt  at  reconcilia- 
tion, made  by  the  director  ad  tfUcnm,  Colonel 
Alvares,  who  succeeded  Alvear.  The  correspond- 
ence on  this  occasion  is  annexed.  (Appendix  H.) 
Other  endeavors  to  reconcile  him  have  failed, 
notwithstanding  the  changes  in  the  office  of  Di- 
rector at  Buenos  Avres.  On  one  occasioai  the 
proposition  was  maae  that  the  Banda  Oriental 
should  remain  independent  of  Buenos  Ayres,  and 
merely  send  deputies  to  the  General  Congress  to 
concert  measures  against  the  common  enemy. 
On  another,  when  the  Portuguese  army  was  ap- 
proaching the  frontiers  of  the  Banda  Oriental,  an 
effort  was  made  by  Pueyrredon  to  reconcile  him, 
and  to  unite  him  in  the  coihmon  defence.  Am- 
ple supplies  of  arms  and  munitions  of  war  were 
offered,  and  some  fbrnisbed ;  but  this  attempt  also 
fiiiled. 

In  order  that  a  fuller  view  of  this  subject  may 
be  had,  I  have  subjoined  a  translated  copy  of  an 
animated  letter  Irom  General  Artigas  to  Mr. 
Pueyrredon.  (Appendix  L)  It  is  but  justice  to 
add^  that  General  Artigas  is  thought,  by  persons 
enutled  to  credit,  to  be  a  firm  friend  to  the  inde- 
pendence of  the  country.  To  express  a  decided 
opinion  on  this  delicate  question  would  scarcely 
be  expected  of  me,  as  my  position  did  not  com- 
mand a  view  of  the  whole  ground.  I  had  not  the 
satisfaction  to  be  derived  from  a  personal  inter- 
view with  General  Artigas,  who  is  onquestion-' 


ably  a  man  of  rare  and  singular  talents.  But,  if 
I  were  to  hazard  a  conjecture,  I  think  it  not  im- 
probable that  in  this,  as  in  most  family  disputes, 
there  have  been  faulu  on  both  sides.  It  is  to  be 
lamented  that  they  are  in  open  hostility.  The 
war  has  been  prosecuted  with  great  animosity, 
and  in  two  late  engagements  the  troops  of  Bue- 
nos Ayres  have  been  defeated  with  great  loss. 
By  some,  it  was  said  that  the  inhabitants  of  the 
eastern  shore  were  anxions  that  a  reconciliation 
should  take  place,  whilst  the  people  in  the  coun- 
try preferred  their  present  state. 

I  must  not  omit  to  uke  a  glance  at  the  situa- 
tion of  Paraguay.  This  province  presents  a  sin- 
gular spectacle.  It  stands  aloof  from  the  rest. 
The  people.  With  the  aid  of  the  few  remaining 
royal  troo[»,  repulsed  an  army  sent  to  compel 
them  to  join  the  common  standard.  Very  soon 
afterwards  they  expelled  the  royalists,  and  set  up 
for  themselves.  Since  this  period,  they  appear 
to  have  adopted  a  partial  non-intercourse  system. 
But  Buenos  Ayres,  on  one  occasion,  succeeded  in 
obtaining  an  understanding  with  them.  Some 
suspect  that  they  are  secreuy  inimical  to  the  ex- 
isting order  of  things,  and  wish  to  keep  them- 
selves within  their  shell  in  case  of  a  change,  that 
they  may  profit  by  future  events ;  others  calcu- 
late, with  some  confidence,  on  their  ultimate 
union  with  Buenos  Ayres,  with  which,  at  pres- 
ent, they  indulge  a  limited  and  reluctant  inter- 
course. Paraguay  is  under  the  immediate  con- 
trol of  a  person  named  Francia,  who  styles  him- 
self Dictator  of  Paraguay. 

From  the  domestic  concerns  of  the  provinces 
we  naturally  turn  to  their  foreign  relations.  On 
this  subject  the  Commissioners  were  informed 
that  they  had  nothing  more  than  a  fViendly  ua- 
dersunding  with  any  foreign  nation.  With  the 
Portuguese  Government  they  concluded  an  ar- 
rangement in  1812,  under  the  mediation,  it  It 
said,  of  the  British,  with  respect  to  the  Banda 
Oriental.  They  have  since  had  a  correspondence 
with  them  on  the  subject  of  their  entrance  into 
that  province,  and  the  forcible  occupation  by  n 
Portuguese  army  of  the  city  of  Montevideo,  of 
which  a  copy  is  annexed.  (Appendix  I.)  Thia 
will  present  the  state  of  affairs  between  Buenoa 
Ayres  and  the  Brazils^which  has  been  the  theme 
of  much  discussion.  The  superior  na>ai  force  of 
the  Portuguese  stationed  in  the  river  La  Plam 
could  have  effectually  blockaded  all  the  ports  of 
Buenos  Ayres.  By  this  means  they  would  have 
prevented  supplies  of  arms  and  munitions  of  war, 
and  entirely  destroyed  the  great  source  of  rev- 
enue to  the  State,  the  duties  on  imports  and  ton- 
nage, at  a  season  when  money  was  much  want- 
ed: tor,  about  this  period,  Buenos  Ayres  had  a 
powerful  army  to  contend  with  on  the  side  of 
reru,  and  had  taken  the  burden  of  the  renewed 
contest  of  Chili  with  Spain.  Under  such  circum- 
stances, they  were  in  some  measure  obliged  to 
adopt  a  cautious  and  moderate  policy.  Their 
unhappy  sute  with  the  Orientals  had  also  an 
influence  on  their  measures;  they  alleged  that 
the  restless  conduct  of  Artiga[s  has  furnished  the 
Portuguese  with  a  pretext  tor  the  intaaion  |  but 


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1881 


APFBMDES. 


ItW 


Condition  tf  SonUh  America. 


it  is.  probable  that  they  will  ultimately  break  with 
the  uoveromeut  of  Brazil. 

The  British  GorerDment  hare,  throagh  their 
official  aceDts,  entered  into  commercial  stipula- 
tions with  General  Artigas,  as  the  chief  or  the 
Orientals  on  the  subject  of  their  trade  with  the 
eastern  shore.  A  copy  of  this  instrument  will 
be  found  in  Appendix  K.* 

The  GoTernment  of  Buenos  Ay  res  have  a  con- 
fidential person  in  Europe,  soliciting,  from  Eng- 
land and  other  Powers,  it  is  said,  assistance  of 
every  kind,  and  a  recognition  of  their  independ- 
ence. England  has  a  Consul,  who,  with  her 
naval  commander  on  that  station,  appeared  to 
conduct  the  confidential  afiairs  of  the  British 
Cabinet  with  the  Government  of  Buenos  Ayres. 

What  efiecu  the  victory  of  Maipu  will  pro- 
duce abroad,  it  would  be  hazardous  m  me  to  con- 
.  jeeture.   Wnether,  like  the  capture  of  Burgoyne, 
It  will  procure  for  the  United  Provinces  toeign 
alliances,  I  cannot  pretend  to  say. 

From  a  source  which  is  entitled  to  credit,  I  was 
informed  that  the  raising  and  embarcation  of 
Osorio's  army  in  Peru  was  not  accomplished 
without  serious  difficulties.  Alternate  force  and 
persuasion  were  used  to  collect  them ;  and  noth- 
ing but  the  name,  character,  and  promises,  of 
their  General,  could  have  induced  them  to  go  on 
board  of  the  vessels  prepared  for  the  purpose  at 
the  port  of  CalUo.  Some  of  them  were  actually 
in  a  state  of  mutiny,  notwithstanding  they  were 
told  they  would  be  received  with  open  arms  by 
their  brethren  in  Chili. 

The  forces  finally  embarked,  agreeably  to  an 
account  furnished  by  a  gentleman  of  undoubted 
veracity  on  the  spot,  consisted  of  the  following 
troops: 

One  company  of  artillery  •  -  •  70 
One  company  of  sappers  and  miners  -  81 
Regiment  of  Bruges  ....  goo 
Regiment  of  San  Carlos,  infantry  -  -  907 
Regioientof  Arequipa     ....  1,000 

Aiequipa  dragoons 160 

Umas 144 

3,262 

This  army  was  composed  of  all  the  regular  sol- 
diers they  could  spare  from  Lima,  who  were 
united  at  Talca^una  to  the  royal  forces  left  in 
Chili.  By  the  battle  of  Maipu  it  has  ceased  to 
exist.  The  probable  effects  in  Peru,  and  other 
parts  of  Soutn  America,  may  be  conjectured,  but 
cannot  be  affirmed.  Tne  same  gentleman  who 
has  been  mentioned,  and  who  is  conversant  in 
Peruvian  afiairs,  apprehended  that  important 
changes  would  result. 

I  cannot  conclude  this  paper  without  drawing 
your  attention  to  a  rapid  survejr  of  the  reforms 
and  improvements  in  the  province  of  Buenos 
Ayres,  produced  by  the  revolution,,  and  its  infiu- 
ence  on  knowledge,  society,  and  manners. 

The  effects  of  the  revolution  are  visible  in  the 

•  Not  tzansmitlfd. 


changes  produced  in  the  state  of  society.  The 
difference  in  the  freedom  of  acting  and  thinking 
which  preceded  the  revolution  must  necessarily 
be  great.  The  freedom  of  commerce  must  have 
given  a  spring  to  exertions  of  native  enterprise 
and  intelligence;  while  the  active  scenes  of  war 
and  politics,  for  the  last  ten  years,  have  awakened 
the  ffenius  of  the  country  which  had  so  long 
slumbered.  The  generation  now  on  the  stage 
may  almost  be  said  to  have  been  reared  under  a 
new  order  of  things.  The  common  stock  of  ideas 
among  the  people  had  been  greatly  augmented, 
the  natural  consequence  of  the'  important  politi- 
cal events  which  daily  transpire,  and  in  which 
every  man,  like  the  citizen  of  Athens,  feels  an 
interest.  The  newspapers  "are  everywhere  cir- 
culated, together  with  tne  manifestoes  of  the  Gov- 
ernment, which  is  obliged  to  court  the  approba- 
tion of  public  opinion  on  all  measures  of  moment. 
It  is  not  very  unusual  for  the  same  countryman, 
who,  a  few  years  ago,  never  troubled  himself 
about  anything  beyond  the  narrow  circle  of  his 
domestic  concerns,  to  purchase  a  newspaper  on 
coming  to  town,  as  a  matter  of  course,  and,  if 
unable  to  read,  to  request  the  first  one  he  meets 
to  do  him  that  favor.  The  country  curates  are, 
moreover,  enjoined  to  read  the  newsfNipers  and 
manifestoes  regularly  to  their  flocks.  The  spirit 
of  improvement  may  be  seen  in  everything,  ^ven 
some  of  those  who  are  under  the  influence  of 
strong  prejudices  against  the  revolution  frequent- 
ly remark  the  changes  for  better  which  have 
taken  place.  Their  habits,  manners,  dress,  and 
mode  of  living,  have  been  improved  by  inter- 
course with  strangers,  and  the  free  introduction 
of  foreiffn  customs,  particularly  English.  Ameri- 
can, and  French.  Great  prejudices  prevail  aj^inst 
whatever  is  Spanish.  It  is  even  offensive  to 
them  to  be  called  by  this  name  i  they  prefer  to 
be  identified  with  the  aborigines  of  the  country. 
The  appellation  which  they  have  assumed,  and 
in  which  they  take  a  pride,  is  that  of  South 
Americans. 

A  powerful  stimulus  must  necessarily  have 
been  given  to  their  industry  by  two  important 
circumstances — the  diminution  in  prices  of  for- 
eign merchandise,  and  the  great  increase  in  value 
of  the  products  of  the  country,  with  the  conse- 
quent rise  of  property.  Though  the  grounds  in 
the  neighborhooa  of  cities  are  hijghly  improved^ 
as  I  have  already  stated,  agriculture,  compara- 
tively speaking,  is  in  a  low  condition.  In  ffea- 
eral,  the  Unas  are  badly  tilled ;  the  plough  it 
rarely  used|and  the  substitute  is  a  very  indiffer- 
ent one.  But,  notwithstanding  the  disadvan- 
tages of  the  present  method  of  culture,  I  was  in- 
formed by  repuuble  persons  that  the  average  crop 
of  w.heat  is  not  less  than  fifty  bushels  per  acre  in 
good  seasons. 

On  the  subject  of  religion,  especially,  the  change 
in  the  public  mind  has  been  very  great.  The  Cath- 
olic faith  is  established  as  that  of  the  State;  but 
there  are  many  advocates,  both  in  conversation 
and  in  writing,  of  universal  toleration.  Some 
members  of  Congress  are  said  to  be  strongljr  in 
favor  of  it;  but  the  ignorant  and  superstitious 


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\MMUKoH  ^jr  Vc/tMh  JMl0lhR0£E« 


]mtt  of  tbe  people,  toj^etfarer  with  (be  regular  cler- 
jgj,  would  not  be  satisfied  with  such  a  measure , 
while  the  liberality  prevailing  among  the  better 
hiibrmed  classes  is  such  as  to  secure  a  virtual 
toleration  for  the  present.  Besides^  from  the  cir- 
eumvtanees  of  there  being  no  sects  m  the  country, 
such  a  provision  may  wait  the  progress  of  liber- 
ality in  public  opinion.  In  fhct,  the  human  mind 
hms  been  set  free  on  all  matters  of  a  general  ab- 
stract nature,  although  the  liberty  of  the  press  is 
drc4]mscribed,  in  some  degree,  with  respect  to 
ttricioreson  public  measures  and  men,  and  the 
tttablished  religion ;  but  there  is  neither  inquisi- 
th>n  nor  previous  license.  They  acknowledge  the 
Pope  as  a  spiritual  head  merely,  and  do  not  think 
him  entitled  to  any  authoritv  to  interfere  in  their 
temporal  concerns.  His  bull  in  favor  of  the  King 
of  Spain  asainst  the  cobnists,  which  may  be  al- 
most regarded  as  an  excommunication,  produced 
little  or  no  sensatioo. 

The  number  of  monks  and  ntins  never  was 
Tttf  great  in  Buenos  Ay  res.  when  compared  with 
ettrer  portions  of  the  Spanish  dominions.  They 
bav«  dimfnisbed  ^ce  the  devolution.  There 
was  at  one  time  a  positive  law  passed  forbidding 
any  on«  to  become  a  monk  or  nun ;  but  they 
were  obliged  to  repeal  it,  and  it  was  afterwards 
yiMMd  with  some  modifications.  The  restrictions 
substituted,  aided  by  public  opinion,  have  nearlv 
produced  the  desired  efl^ct.  Pew  of  the  youtn 
of  ih«  country  apply  themselves  to  the  study  of 
thtolo^,  since  other  occupations,  much  more 
tempting  to  their  ambition,  have  been  opened  td 
their  choice.  Formerly,  the  priesthood  was  the 
chief  aim  of  youn^  men  of  the  best  families  who 
were  desirous  of  distinction,  as,  in  fact,  it  consti- 
tuted almost  the  only  profession  to  which  those 
who  had  received  a  liberal  education  could  de- 
vote themselves;  which  will  readily  account  for 
Ifcexnreumstance  of  so  many  of  the  secular  dercy 
dinecting  their  attention  at  present  almost  ezciu- 
sively  to  politics.  The  regiilar  dlergy,  who  are 
not  permitted  by  the  nature  of  their  profession 
to  take  part  in  the  business  of  the  world,  nor  to 
hold  secular  offices,  are,  many  of  them,  Burope- 
Ins  I  but  those  of  them  who  are  natives  take  the 
aame  lively  interest  in  passing  events  wifb  ib« 
other  classes  of  the  community. 

They  have  gone  cautiously  to  work  in  reforms 
in  the  different  branches  of  their  municipal  laws 
an^  the  admtnlMfaiion  of  them.  The  number  of 
ciflleev  has  been  eonsiderabljr  diminished^  and  re- 
#pof«sibility  rendered  mrore  direct  and  severe.  Tbe 
jodicitry  system  has  undergone  many  improve- 
inetrts^  and  nearly  all  the  leadhig  features  of  the 
law  which  did  not  harmoni2e  with  the  prineiples 
iff  free  government  have  been  expunged,  though 
Mm^  of  the  former  evils  still  remain.  The  bar- 
barous impositions  on  the  aborigines  have  been 
uMiahed,  the  ediousulcavaia  and  other  obnoxious 
tMet  modified  to  as  no  longer  to  be  vexations, 
Maverv  and  the  slave  trade  forbidden  in  future, 
md  all  tiHea  of  nobility  prohibited  under  the  pain 
nr  tlie  loss  «f  oititetehip.  The  law  of  primogen- 
Itufe is^taoexpunged  from  their  system,  hi  the 
fratMmiKl  seamte)  ae  bm  «!rc«rdy  httt  stuted, 


nearly  aH  the  prineiples  of  fi^ee  repreaenirti^e 
government  are  recognised,  accompanied,  it  is 
true,  with  certain  drawbacks,  for  which  they 
plead  the  necessity  of  the  tiities,  but  which  twf 

Srofe.ss  their  intention  to  do  away  With  on  the 
nal  setthement  of  the  Government— a  consnm- 
mation  anxiously  desired  by  aH  classes  of  inhab- 
itants. The  example  of  t*ranee  has  warned  them 
not  to  attempt  too  much  at  first.  They  hare  fol- 
lowed the  pkn  of  the  United  States  in  the  intro- 
duction of  gradual  reforms,  instead  of  resortiujgto 
violent  and  sudden  innovations  and  revolutions. 
Next  to  the  establishment  of  their  independende 
by  arms,  the  education  of  their  youth  appears  to 
be  thesubject  of  the  mok  anxious  interest.  Thery 
complain  that  every  possible  impediment  wts 
thrown  in  the  way  of  education  previous  to  the 
revolution:  that^  so  fkt  ftotD  fostering  public  in- 
stitutions for  tins  ])utpose,  several  schools  weite 
ftCtuaHy  prohibited  in  the  capital,  and  the  young 
men  were  not  without  restraint  permitted  to  go 
abrdad  for  their  edttcatmn.  There  was  a  college 
at  Cordova,  at  wMeh  those  destined  for  the  Imr 
or  the  priesthood  completed  tlieir  studies  opdh 
the  ancient  monkish  principles.  Another,  eaued 
San  CarlolB,  (now  the  Union  of  i3ie  South,)  had 
been  opened  at  Buenos  Ayres.  but  was  afterwftrds 
conterted  into  batracks  for  soidtets.  h  is  nn  itti- 
mense  building,  xtote  extensive,  perhaps,  tbtm 
any  which  has  oeen  dedicated  to  teaming  In  this 
country,  and  it  has  lately  b^n  fitted  up  at  very 
great  expense.  The  scnooi  wiis  to  have  beeti 
opened  in  May  or  June  last  on  a  more  modem 
and  IfbenU  plan  of  discipline  and  instruction. 
The  library  of  the  State  is  kept  in  an  adjoining 
building;  it  occupies  a  suite  of  six  rooms,  ana 
contains  nearly  twenty  thousand  volumes,  the 
greater  part  rare  and  valuable  It  is  formed  eUt 
of  the  library  of  tbe  Jesui^  the  hooka  eolieeted 
in  the  different  monasteries,  donations  from  iali- 
vlduals,  and  an  annual  appropriation  by  the  CM- 
ernment,  and  contains  works  on  ail  sobjeete  aM 
ia  all  the  languages  of  the  polisfaed  aationa  ^ 
Surope.  A  very  valuable  addition  has  heeli 
4aie)y  made  of  several  thousand  volumes,  broo^t 
te  Buenos  Ayres  by  M.  Bonpland,  the  companion 
of  tbe  celebrated  Humboldt. 

Besides  the  University  of  Cordova,  at  which 
there  are  bboot  one  hiindred  and  Ifnr  students, 
there  are  public  schoob  in  all  the  principal  towif^ 
supported  by  their  respectiire  corporations.  lb 
Buenos  AyresL  besides  an  academy,  in  which  ttt 
taught  the  higner  branches,  and  the  college  before 
mentioned,  there  are  eight  public  schools,  for 
whose  support  the  corporation  contributes  abotit 
seven  thousatid  dollars  annvally;  and,  according 
to  the  returns  of  last  year,  the  numtier  of  aehotafi 
amounted  to  eight  hundred  and  sixty.four.  There 
ire  five  other  schoob,  exchisirely  for  the  benefit 
of  the  poor,  and  under  the  charge  of  the  different 
monasteries ;  these  are  supplied  with  books  and 
stationary  at  the  public  expense.  There  are  Mo 
parish  schools  in  the  country,  for  the  support  of 
which  a  portion  of  the  tithes  has  been  latety  set 
apart.  It  b  rare  to  meet  with  a  boy  ten  ortwi^Nii 
yeara  of  age,  in  the  city  of  B«e4Me  AjfMlj  "vfho 


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AJPHmfDVL 


im 


(hndiiwn  cf  Ssmth  America. 


CAonot  r«ad  and  write.  Besides  the  scholars  thus 
instructed,  many  have  private  tutors.  In  addition 
to  all  this,  I  must  not  omit  to  mention  the  mili- 
.  tary  academies,  supported  by  Qovemment,  at 
Buenos  Ay  res  and  Tucuman,  at  which  there  are 
a  considerable  number  of  cadets. 

There  are  no  prohibited  books  of  any  kind;  all 
are  permitted  to  circulate  freely,  or  to  be  openly 
sold  in  the  bookstores ;  among  them  is  the  New 
Testament  in  Spanish.  This  alone  is  a  prodigi- 
ous step  towards  the  emancipation  of  their  minds 
from  prejudices.  There  are  se? eral  bookstores, 
whose  profits  have  rapidlr  increased;  a  proof 
that  the  number  of  readers  has  augmented  in  the 
same  proportion.  There  had  been  a  large  impor- 
Ution  of  Boglish  books,  a  lanraaffe  becoming 
daily  more  familiar  to  them.  Bight  years  ago 
the  tuecbanic  art  of  printing  was  scarcely  known 
in  Buenos  Ayres;  at  present,  there  are  three 
printing  officeS|  one  of  them  very  eztensire,  con- 
taining four  presses.  The  price  of  printing  is, 
notwiibstandiBg,  at  least  three  times  higher  than 
im  the  United  States ;  but  as  there  is  no  trade  or 
ittieroourse  with  Spain,  all  school  books  used  in 
the  counuy,  some  of  them  original,  are  published 
at  Buenos  Ayres;  the  business  is  therefore  profit- 
able, and  rapidly  extending.  There  are  many 
political  •  essays,  which,  instead  of  being  inserted 
in  the  newspapers,  are  published  in  loose  sheets ; 
tiMre  are  auo  original  pamphlets,  as  well  as  re- 
poblications  of  foreign  works.  The  constitutions 
of  the  United  Sutes  and  of  the  different  Sutes, 
together  with  a  rery  good  history  of  our  country, 
and  many  of  our  most  important  State  papers,  are 
widely  circahtted.  The  work  of  Dean  Funes, 
the  Tenerable  historian  of  the  country,  comprised 
in  three  large  octaro  Tolomes,  considering  the  in- 
fancy of  the  typographic  art  in  ihb  part  of  the 
world,  may  be  r^rded  as  an  undertaking  of 
some  magnitude. 

There  are  three  weekly  journals,  or  newspa- 
pers, published  in  the  city,  which  have  an  ezten« 
siye  circulation  through  the  United  Prorinces. 
Tbev  all  advocate  the  principles  of  liberty  and 
republican  forma  of  government,  as  none  other 
would  suit  the  public  taste.  The  year  before  last, 
it  ii  true,  one  of  the  papers  ventured  to  advocate 
the  restoration  of  the  Incas  of  Peru,  with  a  lim- 
ited monarchy ;  but  it  was  badly  received.  No 
piapotition  for  the  restoration  of  hereditary  pow- 
•r,  of  any  kind,  as  far  as  I  could  learn,  will  be 
•ariousiy  listened  to  for  a  moaient  by  the  people. 
£ven  the  ordinary  language  has  changed.  They 
speak  of  **  the  State,"  ^  the  people,'^  "*  the  public," 
^^oottntry,"  and  use  other  terms,  as  in  the  United 
States,  implying  the  interest  that  each  man  ukes 
in  what  appertains  to  the  community.  The  first 
prineiple  constantly  ineulcated  is,  **  that  all  power 
rightfully  emanates  from  the  people."  This,  and 
wnilar  dogmas,  form  a  part  of  the  education  of 
ehildf  en,  taught  at  the  same  time  with  their  cat- 
echism. It  is  natural  that  the  passion  for  free 
Kvernment  should  be  constantly  increasing.  A 
)t  may  be  mentioned  to  show  the  solid  advanee- 
taent  they  have  made^  which  is,  that  the  number 
of  voiea  uken  at  their  elections  iaoreases  every 
15th  Con.  1st  S£S8.— ^3 


year.  In  becomin^r  habituated  to  this  peaceful 
and  orderly  mode  of  exercising  their  riq^ht  of. 
choosing  those  who  are  to  be  invested  with  au- 
thority, the  tumultuous  and  irregular  removal, 
by  a  kind  of  general  oratory  or  acclamation,  of 
those  who  have  been  chosen,  will  gradually  cease. 

Rather  than  disturb  the  order  of  society,  they 
will  endure  with  patience  until  the  time  arrives 
for  effecting  a  regular  and  constitutional  change. 
Since  the  election  of  the  present  Director,  none 
of  these  tumults,  before  so  frequent,  have  occurred. 
These  tumults  have  seldom  been  attended  with 
bloodshed,  yet  they  produce  great  confusion  and 
disorder,  and  give  rise  to  habits  of  insubordina- 
tion, at  the  same  time  that  they  are  ruinous  lo 
the  character  of  a  nation. 

The  Viceroyalty  of  Buenos  Ayres  differed  from 
the  rest  in  one  important  particular.  It  contained 
no  nobility;  or^  if  any,  very  few.  This  may  be 
regarded  as  a  favorable  circumstance  in  their  so- 
ciety. Another  favorable  feature,  very  necessary 
to  the  successful  administration  of  their  afikirs, 
is  the  conduct  of  many  individuals  who  have 
fillecTthe  highest  office  of  State,  in  descending 
from  that  dignified  situation  to  inferior  posts,  ana 
discharging  their  duties  with  alacrity.  Thus  we 
behold  General  A.  Balcarce,  ^\iq  was  formerly 
Director,  acting  as  second  in  command  to  Colonel 
San  Martin ;  Colonel  Alvarez,  also  a  Director  at 
one  period,  now  serving  in  the  staff  under  the 
chief  of  that  department,  General  Azcuenega; 
and  General  Rondeau,  once  elected  to  the  Chair 
of  Stale,  is  at  present  employed  in  a  minor  office. 
There  are  others,  who  have  occupied  the  same 
elevated  post,  who  have  retired  to  the  station  of 
private  citizens. 

The  general  capacities  of  the  United  Provinces 
for  national  defence  are  also  important,  in  many 
respects.  The  nature  and  extent  of  the  country 
afford  the  inhabitants  numerous  advantages  over 
an  invading  army.  The  ease  with  which  their 
herds  of  catile  may  be  driven  to  distant  places, 
beyond  the  reach  of  an  enemy,  and  the  rapid 
movements  the  troops  of  the  country  can  make, 
from  the  ample  supply  of  horses  and  mulei^are 
circumstances  of  great  consequence  in  a  milftary 
view.  Even  the  towns  not  fortified,  from  the 
manner  in  which  they  are  built,  and  from  the 
construction  of  their  houses,  furnish  powerful 
means  of  defence,  as  the  British  army  under  Gen- 
eral Whitlocke  experienced,  in  their  attack  o^ 
Buenos  Ayres. 

I  am  sensible  that,  in  the  course  of  these  state- 
ments and  remarks,  some  inaccuracies  and  errors 
must  have  occurred ;  but  they  have  been  unin- 
tentional. I  have  only  to  add,  that  the  reception 
of  the  Commissioners  at  Buenos  Ayres,  by  the 
Chief  Magistrate,  was  (Viendly  and  flattering. 
From  every  class  they  met  with  a  cordial  wel- 
come. The  people,  in  general,  appear  to  be  very 
much  attached  to  the  American  character,  and  to 
the  (Government  and  citizens  of  the  Uoited  States. 

Should  anjrthing  further  occur,  it  shall  be  made 
the  subject  of  a  future  paper. 

I  have  the  honor  to  be,  with  great  respect,  your 
nwst  obedient  servant,         C.  A.  RODNB  Y.  - 


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CbmWum;  itf  'SbulA  Anmiea. 


Mr.  Grahmm  io  ike  Seerdary  of  State 
City  or  Wabhinoton, 
November  6, 1818. 
Sib:  Mr.  Rodney  having  undertoken  to  draw 
op.  for  onr  joint  siffnaiure,  a  report  respecting  the 
present  situation  of  the  country  we  recently  vwited 
under  the  orders  of  the  President,  and  circuni- 
stances  having  prevented  him  from  presentipg  it 
to  me  for  perusal  until  his  late  arrival  in  this  city, 
I  was  not  aware  until  then  that  I  should  have  oc- 
emsion  to  present  to  you  my  individual  views  on 
that  subject.    But,  on  an  attentive  perusal  of  the 
tMer  he  drew  up,  I  found  that,  although  there 
•was  not,  perhaps,  any  important  fact  on  which 
we  eaienlially  differed,  yet  that  some  were  staled 
of  which  I  was  not  aware  5  and  that  we  had  Uken 
Tiews  which  it  might  be  difficult  to  combine  da- 
ting the  short  time  then  allowed  to  us.  and  of 
which  it  might  be  proper  that  you  should  be  put  iq 
poasession.    Under  these  circumstances,  I  thoii|bt 
It  better  to  submit  to  the  disadvantage  of  hastily 
throwing  my  observations  together,  and  of  pre- 
senting ihem  separately,  than  to  ask  him/to  de- 
taoge  the  general  tenor  of  hit  report  by  introdu- 
cmg  them  into  it.  ...  ., 

The  arrival  of  Mr.  Bland,  who  will  necessarily 
make  a  separate  report,  will,  I  trust,  reconcile  the 
President  to  the  course  I  have  taken,  as,  from  a 
combined  view  of  what  we  individually  state, 
he  may,  perhaps,  be  belter  enabled  to  draw  his 
own  inferencs  as  to  the  actual  situation  and  fu- 
ture prospects  of  the  country  we  visited,  than  from 
any  just  report  in  which  we  could  all  have  agreed ; 
as,  under  ordinary  circumstances,  that  must  have 
been  the  result  01  a  compromise  of  opinions,  and 
would,  probably^  have  excluded  some  facta,  or 
some  views,  which  one  or  the  other  of  us  will, 
in  the  mode  now  adopted,  present  to  you. 

In  my  particular  situation,  however,  I  thought 
it  less  necessary  to  go  into  detail,  as  1  knew  that 
the  report  of  Mr.  Rodney  would  nirnish  informa- 
tion on  points  which  I  omit. 

With  great  respect,  &c. 

•  JOHN  GRAHAM. 

Tiie  Hon.  John  Q^  Adams, 

Secretary^  suae. 


The  country  formerly  known  as  the  Vicerojr- 
ftlty  of  Buenos  Ayres,  extending  from  the  nofih- 
wesiern  sources  of  the  river  La  PlaU  to  the 
•ovthern  cape  of  America,  and  from  the  confines 
^Brazil  and  the  ocean  to  the  ridge  of  the  Andes, 
may  be  considered  as  that  which  is  called  *^  the 
United  Provinces  of  Sooth  America.'* 

Under  the  royal  Gkiverameat.  it  was  divided  into 
the  iotendeneies  or  provineea  of  Buenos  Ay  res,  Pa- 
raguay, Cordova,  Salta,  Poioei,  La  Plata.  Gecha- 
bamba.  La  Paz.  and  Puno.  Subaeqoently  to  the 
levolution.  in  the  year  1814,  another  division  was 
made;  and  from  th^  provinces  of  Cordova,  Salta, 
and  Buenos  Ayres  were  taken  those  of  Cuyo  or 
Mendoza,  Tucuman,  Corrientes,  Bntre  Rios,  and 
the  Baada  Oriental.  The  othera,  it  is  believed, 
retained  their  former  boundaries,  and,  with  tlw 


exeepUoo  of  Paraguay,  are  geoaraHy  oaUed  «  Up- 
per Peru.*' 
This  widely-extendod  country  ambracesalmoat 

every  variety  of  climate  and  soil,  and  is  eamble 
of  almost  every  variety  of  prodoctioo.  A  kite 
part  of  it,  however,  particularly  on  the  west  side 
of  the  river  La  Plata,  and  sootbeHy  towards 
Gape  Horn,  is  deficient  in  wood,  even  fwr  foal, 
and  in  water;  that  which  is  found  is  geaevally 
brackiab.  .     ^  , .      . 

Although  three  centuries  have  passed  by  sinee 
the  Spaniards  made  their  first  settleneoc  in  this 
country,  aad  some  considerable  towns  and  cities 
have  grown  in  it,  yet  its  general  taiprovemeat 
and  population  have  by  uo  means  kept  pace  wtch 
them,  for  the  Icwer  provinces  havel)eeii  tUnait 
entirely  abandoned  to  the  immense  hevda  cfcatfle 
which  gnse  on  their  plains,  and  require  only  cbe 
partial  care  of  a  comparatively  few  berdsmeu; 
and  the  iuhabkaats  of  Upper  Peru  bwm  bem 
engaged  more  geoeraliy  in  the  businvss  of  mmmg 
than  was  fttvorable  to  improveadcui  sr  populaiiea. 
Certain  small  districts,  having  peculiar  advMta- 
ges,  are  said  to  be  wdl  cuUivmttd,  and  =  wy  p»- 
dnctive;  but  agriculture  has,  in  general,  betfa 
very  much  neglected.    It  is,  in  a  great  deftrtpu, 
confined  to  the  vicinity  of  the  towns  and  cAltua, 
and  may  be  said  to  limit  its  auppliea  le  tbeir  de- 
mands.   This  state  of  thims,  combined  with  file 
regulations  of  the  former  Qovemmeot,  the  iniu- 
ence  of  climate,  and  the  force  of  oample,  iMs 
stamped  the  character  of  iadoleace4ipoo  ihat  claas 
of  society  usually  considered  as  the  laboring daaa. 
The  same  causes  have  not  operated  (at  least  not 
with  the  same  force)  upon  the  other  iohabttaUU 
of  the  eounury ;  hence,  they  are  more  induslrious 
and  more  active.    Their   nMinners  are  eeeial, 
friendly,  and  oolite.    In  native  ulenis,  they  are 
said  to  be  inferior  to  no  people;  and  they  have 
given  proofs  that  they  are  capable  of  jgreat  and 
persevering  efforts,  that  thev  arewdeutiy atiashed 
to  their  country,  aud  warmly  enltaied  mi^  auae 
of  its  independwnca*  ^^^^^t 

It  is  not  necessary  for  me  to  enter  into  a  detUil 
of  the  caosto  which  led  toihe  mvehitiou  in  IBIO. 
The  meat  immediate,  perhttpsj  are  4o  be  fouudlu 
the  incidenu  connected  with  the  Mro  iuvMloUs 
of  the  country  by  the  British,  in  the  years  1806 
and  1806,  and  in  the  suhsequsnt  events  in  Bpaia; 
as  they  bad  a  direct  teodeocy  to  show  to  dMCe 
people  their  own  strength,  aad  the  iuoapacity  of 


Spain  to  give  tfaeaa  protectioa  or  cufbroe^mn- 
«ice.  The  i^und-wark  was,  howeveri  laid  4a 
the  jealonB  and  oppressive  syatttn  adopted  al« 
naere  early  pmod  hy  the  Kings<  of  Spain,  wheae 
policy  ilseniied  10  be  to  keep  within  as  aarvow 
limits  as  circumscancea  would  permit  the  ivaelli- 
genee,  wealth,  and  population  of  that  part  uf 
America  subject  to  their  domtaiau,  as  the  sumst 
means  of  preserving  an  empire  which  thny  sea* 
sidered  the  gnat  souree  of  their  wealth  and 

po^*'-  ... 

The  revolution  having  been  aospiciously^eom- 

menced  in  the  city  of  Buenos  Ayreii,  wss  warmly 

and  zealously  supported  by  the  great  mass  of  %m 

people  diaceuded  from  the  Spaniards;  but  the 


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CoKsdUkm  ifBosUh  ^AmeHca. 


natiTe  Spaftiards,  ^s  well  those  domesticated  in 
the  coootry  as  thoM  in  the  serviee  of  the  King, 
weie  almost  all  opposed  to  it,  particuiarlir  at  the 
lime  and  under  the  circumstances  it  took  place. 
Piwensioos  were  the  immediate  result,  and  their 
loBg*8tanding  jeaionsy  and  distrust  of  each  other 
luite,  hf  subsequent  erents,  been  heightened  into 
deadly  nostility,  which  time  alone  can  wear  awaf . 
These  dissensions  have  been  considered  aa  one  of 
the  causes  that  produced  those  which  subsequent- 
ly took  place  amongst  the  patriots  themselvies, 
mid  which  have  been  most  serious  obstacles  to 
the  pto^ees  of  the  reToAution.  Other  obstacles, 
howeter,  have  been  oreseatedby  the  royal  Gk>v« 
ammenl  in  Peru,  which  has  hitherto  not  only 
:^nableto  maintain  itself  tbete,  but  has  found 
tpifann^  by  coiUtling  the  native  Peruvians  into  its 
jervlceyio  afttd,  at  difierent  times,  eonsidemble 
asmieB  into  the  upper  prorimces  on  the  La  Plala, 
where  the  war  has  been  carried  on  from  the  com- 
menoement  of  the  reivolotton  to  the  present  day 
with  .Tariaos  success;  the  great  extent  and  peeu- 
:Uar  character  of  the  country,  and  the  want  of 
ttaauffoes,  haiTtng  prevemed  either  party  fram 
maki|kg  a  blow^eeiaire  of  ihe  camesi.  When  we 
tame  awav  theadfanlage  in  that  quarter  was  on 
like  «ide  of  the  SpaaiaroB.  as  they  wece  in  posses- 
,aion  of  the  provineeB  of  Upper  Peru,  which  had, 
to  a  certian  degree  at  least,  joined  in  the  revolu- 
tton,  and  some  of  which  are  reoreseftted  in  the 
Congress.  Kverywhere  else  they  have  been 
obliged  to  yield  up  the  Government  and  abandon 
4he  country,  or  submit  to  the  ruling  power.  The 
peeoUar  situation  of  Montevideo,  ort  the  east  side 
of  the  riv«r  La  Plata,  open  to  the  sea,  and  strongly 
.fortified,  enabled  the  Spanish  naval  and  military 
fotces,  at  an  oMrJy  period  in  the  revolution,  to 
aake  a  stand  tlwre.  They  were  ultimately 
obliged  to  jurrender  it;  not,  however,  until  long- 
ptotcaetedy  and  nerhaps  ill-directed  efforts,  on  the 
part  ftf  the  asaaiianis  had  given  rise  to  many  jar^ 
nag  incidcau  between  those  who  eame  from  the 
«fposiia  chores  of  the  river,  probably  the  effect, 
ia  yart  at  least,  of  ancient  jealousies,  kept  alif» 
hf  the  iadivtdnal  iaiefftats  oif  particular  leaders; 
t^se  have  been  iblWwed  by  events  calculated  to 
faodaee  a  still  greater  alienatioa;  and,  although 
aaiBcni  attaaapu.  ha^e  heea  made  to  bring  about 
a  vaioa,  they  have  hitherto  been  unsuccessful. 
Xht  provinces  of  the  *'Banda  OrientaP'  and  the 
''Batre  Biey  on. the  eastera  side  of  the  rtveri 
aailef  the  dimetioa  of  GeaemI  Attigas,  ar«  newt 
at  waff  with  those  on  the  western  side,  under  th4 
tgaveramant  of  tae  Gongsass  at  Bueaos  Aj^res. 

Thin  war  has  origiaated  ff  am  a  combinatiao 
af  eaaaesi  in  whieh  both  parties  have,  parhapsj 
aoUMthii^  to  complain  of^  and  something  to  blam^ 
tliemaelf  es  for. 

General  Artigas  and  his  followers  profess  a  ht* 
lief  that  it  is  tM  intention  of  the  Government  of 
Batnos  Ayres  to  put  them  down,  and  oblige  them 
to  aubmit  to  such  amngemenu  as  will  deprive 
them  of  the  privileges  of  self-government,  to 
which  they  claim  to  have  a  right.  Tbey  say^ 
howeveri  that  they  are  wiUioff  to  unite  with  the 
peopk  oa  the  western  side  of  the  rirac,  hat  not 


in  such  a  way  as  will  subject  them  to  what  they 
call  the  tyranny  of  the  city  of  Buenos  Ayres. 
On  the  other  hand,  it  is  stated  tbat  this  is  merely 
a  pretext;  that  the  real  objiect  of  General  Artigss, 
and  of  some  of  his  principal  officers,  is  to  prevent 
a  union  on  any  terms^  and  to  preserve  the  power 
they  have  acquired,  by  giving  an  erroneous  ex- 
citement to  the  people  who  follow  them ;  that  it 
b  wished  and  intended  to  place  those  provinoes 
on  a  footiaff  with  the  others ;  that  the  respectabb 
portion  of  their  inhabitants  are  aware  of  this  6iet, 
and  anxioasfor  a  union,  but  are  prevanted.irom 
openly  axptessing  their  sentiments  from  a  fear  of 
Genaral  Artigas,  whose  power  is  uncontrolled  by 
law  or  justice,  and  henee  the  propriety  and  aa- 
eemity  of  aiding  them  to  resist  it.  Armies  have 
aoeardingly  been  marched,  within  the  petaant 
]Fear,  into  these  provinces ;  but  they  weie  act 
joined  by  a  number  of  the  inhabitants,  and  waaa 
defeated  with  great  loss. 

This  war  is  oridently  a  sooree  of  great  t^nrf 
andro^t,  andattbeaame  time  of  extraordiaaiy^ 
irritaCioa  to  both  pwties;  for,  independentlf  of 
other  causes  of  itcrimination,  eaoh.aec uses  tile 
other  of  having  broaght  about  the  state  <  of  i 
which  threaieas  to  place  a 
valuable  ] 


moot  important  and 


raluable  portion  of  their  country  in  the  hands  of 
a  foreign  Power,  who  has  invaded  it  with  a  vegn- 
lar  and  arell-appointed  army,  and  is  gtaduaMf 
taking  poeseastoo  of  commanding  points,  from 
which  It  may  be  diflScult  for  their  united ifoeae 
hereafter  to  dislodge  them.  That  they  will  unite 
is,  I  think,  to  be  oaicubted  on,  unless  some  event 
disastrous  to  the  cause  of  the  revolution  itself 
takes  place;  for  their  mutual  interest  requireaa 
union.  But  more  of  moderation  aad  disoretioa 
may  be  necessary  to  bring  it  about  than  Is  at  this 
time  to  be  expected  from  the  irritated  feelings  of 
some  of  the  principal  personages  on  both  siaea. 

The  city  of  Sanu  Fe,  and  a  small  district  of 
country  araaad  it«  also  refuse  to  ackaowledge  the 
authonty  of  the  Goverameot  of  Buenoe  Ayrea. 

In  Paraguay^  the  evenu  of  the  revolution  have 
differed  from  those  in  any  other  province,  as  the 
inhabitants  of  that  cocmtry  have  unifosmly  it- 
ststed  the  efforts  of  the  other  provinces  to  anile 
with  them.     After  having  aided  the  Bpnaiah 

eiced  over  them  to  repel  a  military  foree  which 
d  been  sent  to  overthrow  them,  they  them* 
ealvm  expelled  from  their  country  these  authori- 
ties and,  established  a  goveraoaent  of  their  awa, 
totally  uneonaaeted  with  that  of  the  ether  nror* 
iaees,  with  wham  they  manifest  aa  unwiUiag- 
aem  to  ke^  up  evtea  a  cammeteial  iateriuusm 
This  has  given  rise  to  a  saspteion  in  the  minis 
of  eome  that  there  is  a  secret  predikctioo  among 
Ihem  for  the  aaeieat  order  of  things.  But,  from 
whnt  is  said  of  their  cold  and  calculaUng  char- 
acter, from  the  safe  positron  of  their  country, 
and  lU  capacity  to  supply  iu  own  wants,  it  4s 
probable  that  their  object  is  to  husband  their  »• 
sQurcea,  and  profit  by  the  exertions  of  others, 
without  gifiog  their  own  in  aid  of  them;  aad 
possibly,  In  case  of  ultimate  failure,  to  place 
their  conduct  in  a  less  ofageetionabk  point  of 
Tiaw  bafoca  the  Ooveramaat  oCSpaia.    WJmC^ 

Digitized  by  VjOOQIC 


im 


APPBHDDL 


I98B 


Otnditkm  af  Scmih  AiMrica. 


erer  may  ha?e  been  their  motiTes,  they  haTe 
hitherto  cootrived  to  escape,  in  a  great  measure, 
the  evils  of  war. 

Their  resources  in  men  and  money  are  said  to 
be  considerable,  and  no  coontry  is  more  inde- 
pendent of  foreign  supplies. 

Their  conduct  furnishes  a  striking  contrast 
to  that  of  the  people  of  Buenos  Avres,  who  en- 
tered into  the  revolution  with  unbounded  zeal 
and  energy,  and  have  eyer  been  ready  to  meet 
the  difficulties  of  so  great  an  undertaking.  This 
circumstance,  connected  with  their  local  situa- 
tioBj  greater  resources,  and  more  general  infbr- 
natioo,  and  perhaps  the  fact  of  their  having 
been  the  first  to  get  power  into  their  hands,  have 
had  the  effect  to  give  them  a  controlling  influ- 
ence over  the  revolutionary  government,  which 
has  not  failed  to  excite,  in  some  degree,  the  jeal- 
oasy  of  the  other  provinces,  and  amongst  them- 
selves a  feeling  of  superiority  little  calculated  to 
allay  that  jealomy.  Qreat  evils  were  at  one 
tioM  apprehended  from  from  this  stale  of  things ; 
but  the  Congress  which  met  at  Tucuman,  in 
March,  1816,  composed  of  deputies  from  the 
several  provinces  then  united,  assumed  the  sov- 
ereign power  of  the  coantry,  boldly  declared  its 
abeuute  independence,  and  adopted  a  provisional 
form  of  government,  which  is  understood  to  have 
the  elect  of  allaying  dissensions,  and  of  intro- 
ducing a  more  regular  administration  of  public 
affairs. 

It  will  be  seen,  from  the  documents  in  your 
possession,  that  this  provisional  constitution 
recognises  many  of  the  principles  of  free  gov- 
ernment, but  with  such  drawbacks  as  are  little 
calcalated  to  enforce  them  in  practice.  Qreat 
allowances  are  doubtless  to  be  made  for  the  cir- 
cumstances of  the  times,  and  the  danger  and 
diflkulty  of  tearing  up  ancient  institutions,  or  of 
adapting  new  principles  to  them.  But,  after  due 
allowance  for  all  these  considerationii,  it  did  not 
appear  to  me  that  so  much  bad  been  done  for 
toe  cause  of  civil  liberty  as  might  hare  been  ez- 
peoicd,  or  that  those  in  power  were  its  strongest 
advocates.  It  is  generally  admitted,  however, 
that  some  changes  for  the  better  have  been  made. 
Much  care  seems  to  be  taken  to  educate  the  ris- 
ng  generation;  and  as  those  who  are  now  com- 
ing on  the  theatreof  action  have  grown  up  since 
the  commencement  of  the  revolution,  and  have 
Iwd  the  advantage  of  the  light  thrown  in  by  it, 
it  is  fair  to  suppose  that  they  will  be  better  pre- 
pared to  support  and  adminuter  a  free  govem- 
BMOt  than  those  whose  habiu  were  formed  un- 
der the  colonial  government  of  Spain. 

The  commerce  and  manufaotures  of  the  coun- 
try have  grown  beyond  iu  affriculture.  Various 
oauses,  however,  have  contributed  to  lessen  some 
branches  of  msnufacture  since  the  revolution, 
but  commerce  is  understood  to  have  been  in- 
creased by  it.  A  much  greater  variety  and 
quantity  of  foreign  goods  u  imported,  and  a 
greater  demand  is  opened  for  the  productions  of 
the  country.  The  city  of  Buenos  Ayres  is  the 
seat  of  this  commerce.  Prom  it.  foreign  and 
•ome  domestic  goods  are  spread  through  the  in- 


terior, as  far  as  Chili  and  Upper  Peru,  and,  la 
return,  the  various  productions  are  drawn  to  it« 
This  trade  is  carried  on  principally  by  land,  as  is 
that  between  the  different  various  provinces, 
though  some  small  portion  of  it  finds  its  way  up 
and  down  the  large  rivers  forming  the  La  Plata, 
which  is  itself  not  so  much  a  river  as  a  great  bay. 
The  abundance  of  cattle,  horses,  and  mules,  and 
of  some  other  animals  peculiar  to  the  coantry, 
which  are  used  in  the  mountainous  regions  of 
Peru,  furnishes  facilities  for  transportauon  not 
to  be  found  in  any  other  country  so  little  im- 

f>roved ;  hence  the  price  of  transportation  is  very 
ow,  and  the  internal  trade  mater  than  it  other- 
wise would  be,  though  it  had  been  materially 
lessened  in  some  important  branches  by  the  war 
with  Peru,  and  the  system  adopted  in  Parajio«f  • 
The  export  and  import  trade  is  principalljr  to 
the  hands  of  the  British,  though  the  Uatted 
States  and  other ,  nations  participate  in  it  to  a 
certain  degree.  It  is  depended  on  as  the  great 
source  of  revenue  to  the  State ;  hence  they  have 
been  tempted  to  make  the  duties  r&ry  high,  and 
to  lay  them  upon  both  imports  and  ezportS|  with 
the  exception  of  lumber  and  military  stores.  This 
circumstance,  connected  with  the  fact  that  pay- 
ment is  demanded  at  the  custom-house  before  the 
goods  are  delivered,  has  led  to  a  regular  system 
of  smuggling,  which  is  said  to  be  carried  to  great 
excess,  and  doubtless  occasions  the  official  reforns 
to  fall  short  of  the  actual  amount  of  the  trade. 
This  may  be  the  reason  why  they  were  not  given 
to  us.  The  articles  imported  are  almost  every 
variety  of  European  and  Bast  India  goods,  prin- 
cipally from  Bogland— rum,  sugar,  coffee,  tobac- 
co, cotton,  and  timber  from  Brazil;  lumber  of 
almost  every  description,  codfish,  furniture,  gta, 
and  some  smaller  articles  from  the  United  Stales, 
together  with  military  stores,  which,  however, 
find  their  way  into  the  country  directly  from  JBEo- 
rope,  and  are  thus  furnished  at  a  cheaper  rate 
than  we  can  sell  them.  The  principal  articles  of 
export  are  taken  from  the  various  animals  of  tin 
country,  ume  and  wild,  from  the  ox  to  the  chin- 
chilla ;  copper  from  Chili,  and  some  of  the  pre- 
cious metals  drawn  principally  from  Peru ;  bat 
as  gold  is  worth  seventeen  dollars  per  onnee,  a«d 
passed  by  tale  at  that  rate,  very  liule  of  it  is  ex- 
ported. Hence  the  currency  of  ihe  conntry  is 
gold,  for  they  have  no  paper  money.  The  It&ntm- 
xa$  or  bills  of  credit  issued  by  the  Goveranent 
are  however  an  article  of  traffic  among  the  mer- 
chants, as  they  are  received  in  payment  for  oee- 
half  of  the  duties.  No  distinctioa  is  made  in  favor 
of  the  trade  of  anv  nation,  save  only  that  the 
British  merchants  have  soine  peculiar  fkciltties 
granted  them  in  relation  to  their  letters,  which 
are  an  object  of  taxation,  at  least  so  far  as  appliea 
to  those  sent  out  of  the  country. 

In  the  official  statements  given  to  as,  and  to 
which  I  beg  leave  generally  to  refer  for  informa- 
tion as  to  the  foreign  relations,  the  preductioae, 
military  and  naval  force,  revenue,  and  popula- 
tion :  the  latter  is  stated  at  one  million  three 
hundred  thousand,  exclusive  of  Indians.  This  is 
understood  as  comprehending  the  popnlation  ef 


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OondUUm  of  BwOk  AmeriecL 


1A\  (be  prdTiDocf ;  bat  as  some  of  them  are  not 
mider  tbe  Qoyernmeiit  of  Baenos  Af  res,  I  biye 
tboatfbt  it  proper  to  annex  the  several  estimates 
I  colTeoted  of  tbe  population  of  each  province,  as 
tbef  may  serve  to  give  some  general  information 
on  that  point.  Tbe  most  immediate  difficulty 
felt  by  the  Goyernment,  while  we  were  in  the 
country,  seemed  to  arise  from  the  want  of  money; 
for,  altboogh  the  debt  was  small,  their  credit  was 
low.  It  bad  not  been  found  practicable  to  adopt 
a  system  of  finance  adequate  to  the  exigencies  of 
tbe  times,  though  it  would  seem,  from  the  state- 
ment given  to  us,  that  tbe  revenue  of  the  last 
year  exceeded  tbe  expenses.  The  important 
events  of  the  present  year  in  Chili,  of  which  you 
are  informed,  will  doubtless  have  the  effect  to 
raise  tbe  credit  of  the  country,  and  to  lessen  the 
pressure  upon  it,  at  least  for  a  time,  and  will 
probably  leave  the  Qovernment  more  at  leisure  to 
attend  to  its  internal  affairs. 

When  we  came  away,  it  was  understood  that  a 
committeeof  the  Congress  wasengaged  in  draught- 
ing a  new  constitution,  the  power  of  forming  and 
adoptingit  being  exclusively  vested  in  the  Con- 
gress.  Whether  it  will  assume  a  federal  or  na- 
tional character  is  somewhat  doubtful,  as  there 
are  evidently  two  parties  in  the  country,  whose 
Tiews  in  this  respect  are  very  different,  and  it  is 
believed  that  they  are  both  represented  in  tbe 
Congress*  The  one  party  is  in  favor  of  a  consol- 
idate or  national  Government,  the  other  wishes 
for  a  federal  Government,  somewhat. upon  tbe 
principles  of  that  of  the  United  States.  The  prob- 
abilitjr  seems  to  be,  that  although  there  might  be 
a  majority  of  tbe  people  in  the  provinces  gener- 
ally in  favor  of  the  federal  svstem,  it  would  not 
be  adopted,  upon  the  ground  that  it  was  not  so 
well  calculated  as  a  national  Government  to  pro- 
Tide  for  the  common  defence — tbe  great  object 
now  in  view.  The  same  general  reason  mav  be 
nrged  perhaps  for  giving  to  tbe  latter,  should  it 
be  adopted,  less  oi  a  republican  character  than 
probably  would  have  been  given  to  it  in  more 
quiet  and  peaceful  times.  There  is  danger,  too, 
as  tbe  power  of  forming  and  adopting  the  con" 
atitntton  is  placed  in  the  hands  of  a  few,  that  the 
rights  and  privileges  of  the  people  mav  not  be  so 
well  understood  or  attended  to  as  they  would 
bave  been  had  the  people  themselves  had  a  more 
immediate  agency  in  tbe  affair.  It  is  not  to  be 
doubted,  however,  that  it  will  at  least  have  a 
republican  form,  and  be  bottomed  upon  the  prin- 
ciples of  independence,  which  is  contended  for  by 
all  descriptions  of  politicians  in  the  country  who 
bave  taken  part  in  tbe  revolution,  and  will  it  is 
believed  be  supported  by  them  in  any  event  to 
the  last  extremity. 

Their  means  ot  defence,  of  which  they  are  fully 
aware,  are,  in  proportion  to  their  numbers,  perhaps 
greater  than  those  of  almost  any  other  people; 
and  the  duration  and  events  of  the  war  bave 
•trengtbened  the  general  determination  never  to 


submit  to  Spain.  This  determination  resu  upon 
the  recollection  of  former  sufferings  and  depriva- 
tions; upon  a  consciousness  of  their  ability  to  de- 
fend and  to  govern  themselves;  and  upon  aeon  vic- 
tion  that,  in  case  of  submission  on  any  terms,  they 
would,  sooner  or  later,  be  made  to  feel  the  ven* 
geance  of  the  mother  country.  These  consider- 
ations have  the  most  weight  upon  the  minds  of 
those  who  have  taken  a  leading  part.  They,  of 
course,  use  all  their  influence  to  enforce  thenii 
and  thus  to  keep  up  the  spirit  of  the  revolution. 
In  this  they  probably  have  had  the  less  difficulty, 
as,  although  the  sufferings  of  the  people  have 
been  great,  particularly  in  military  service  and  in 
raising  the  contributions  necessary  for  that  ser* 
vice,  yet  the  incubus  of  Spanish  power  being 
thrown  off,  and  with  it  that  train  of  followert 
who  filled  up  almost  every  avenue  to  wealth  and 
consequence,  the  higher  classes  have  been  awa- 
kened to  a  sense  of  advantages  the^  did  not  be^ 
fore  enjoy.  They  have  seen  theif  commerce 
freed  from  legal  restraints,  their  articles  of  export 
become  more  valuable,  their  supplies  furnished  at 
a  lower  rate,  and  all  the  offices  of  Government  or 
other  employments  laid  open  to  them  as  fair  ob- 
jects of  competition.  The  lower  classes  have 
found  their  tabor  more  in  demand  and  better  paid 
for,  and  their  importance  in  society  greater  than 
it  formerlv  was.  They  are  yet,  however,  from 
their  indolence,  general  want  of  education,  and 
the  great  mixture  of  "^castes"  among  them,  in  a 
degraded  state,  but  little  felt  iqi  the  affairs  of  the 
Government. .  The  stimulus  now  given  will  ope- 
rate to  produce  a  change  in  them  for  the  better, 
and,  it  is  to  be  presumed,  will  gradually  have  its 
effect,  as  their  docilitjr,  intelligence,  and  activity^ 
when  called  into  service,  five  evidence  that  they 
are  not  deficient  in  naturu  or  physical  powers. 

Labor,  as  it  becomes  more  general,  will  become 
less  irksome  to  individuals;  and  tbe  gradual  ac- 
quisition of  property,  which  must  necessarily  re- 
suit  from  it  10  such  a  country  under  a  good  Gov- 
ernment, will  doubtless  produce  the  happy  effecU 
there  which  it  has  uniformly  produced  elsewherCi 
and  more  especially  in  countries  where  the  popu- 
lation is  small  when  compared  to  the  extent  of 
territory. 

I  am  very  sensible  that  I  may  have  been  led 
into  errors  of  fact  or  inference.  In  that  case  I 
can  plead  honesty  of  intention,  and  the  difficulty 
of  collecting  at  a  single  point,  and  within  a  lim- 
ited time,  correct  information,  or  of  analyzing 
that  which  was  collected,  respectioe  a  people  in 
a  Slate  of  revolution,  who  are  spread  over  an  im- 
mense country,  and  whose  habits,  institutionsi 
and  language  are  so  different  from  our  own. 

1  have  only  to  add,  that  we  were  politely  re- 
ceived by  the  Supreme  Director,  who  made  every 
profession  for  our  Government,  and  every  offer 
of  accommodation  to  us,  as  its  agents,  which  we 
had  a  right  to  expect;  and  the  people  manifested, 
on  all  occasions,  the  most  friendly  dispositions. 


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jaPVSKVOL 


GmdUim  (if  Sktdk  Awunoa^ 


Smmmteef  Hm  fopiitaium  4f  the  phmmim  ^  Bmrnm  Afr^f  Oordtnoy  TWnnum,  Mmiosen  <r 

By  an  imi>erftetlf 
C6UMI8»  (1816,) 


TOWNS,  4e. 


BumioftAjres 

Cordova 

TaconiAti 

SttitUgo  del  Eitero -        - 

Tmlle  do  CaUmmrct -       - 

Itioia 

Son  Jutft .... 

XODdOM -- 

SMiLiik 

J^^iy -     - 

Solia 

IVoiifMM^  l^tper  Perm* 

GodubamlMi 

PoCMi.       .......-- 

L^PUtet^offChnroo^ 

L*P» 

Pimo,  nndei  the  namo  of' Santa  Gnii  do  la  Siotta  Oolra 
Bandk  Onontal,  and  tlntn  Rios         .... 


exduding  In 
diant,  tranaient 
poriona,troopa. 


Bymore  re- 
cont  eati' 
matooejC'^ 
cinding 
Indiana. 


dd,105 


106,(XH> 
79,000 
4ft,O0O 
45,000 
80^000 

so,ooe 

34^000 

asjooo 

1«,000 
M^OOO 
60,000 

100,000 
112,000 
IIMOO 


120,000 
50,090 


ITzdading 
Inonna* 


120,000 
75>,000 
45^,000 
00,000 
40,0#0 
20,000 
84^000 
38|000 
10^000 
25»000 
50^000 

120,000 
112,000 
112,000 


Ibdodin^^ 
In^anii 


250,00(0 
100,000 
20,001^ 


200,000 
260,000 
176,000 
^)0,000 
30,006t 
150,O0Of 
[    60,000} 
800,000^ 


Ifoti.'^tt  U  not  nnderatood  that  any  part  of  t&o  prOTkco  of  Gbnrientoa,  or  thait  of  t&e  city  ordiitilct^ 
Santa  Fe,  ia  inolodod  in  thiaoaiimato;  and  aomo  diatricta  of  aomo  of  the  othor  rootintoa  niay  be  omUlod. 
*  Probably  the  town  only,     t  Under  the  v^ona  namea  of  SanU  Crvt  da  la  Ketra,  Majoa,  and  CheqoltkMi 


APPBNODt  TO  MIL  RODNBT'S  REPORT. 
A. 
MitoHical  ikeich  of  thd  SttohUion  qf  the  United 
Pt&tincea  of  South  America,  from  the  25th  of 
May,  1810,  unlil  the  opening  qf  the  National 
Congress  on  the  25th  of  Match,  1810  ;  written 
by  Dr.  Gregorio  Panes,  and  appended  to  his 
History  of  Buenos  Ayres,  Paraguay,  and  TVc* 
uman. 

k  is  the  advice  of  a  s%(fe  that  the  history  of 
levolutioDS  should  be  written  neither  sd  lomg 
after  they  have  happened  that  man^  of  their 
events  will  be  forgotten,  nor  so  immediately  aAer 
they  have  occurred  as  to  preclude  it  from  being 
atecUted  with  the  requisite  impartiality.  In  the 
last  case,  all  who  lead  it,  sitting  in  judgment 
upon  it,  approve  or  condemn  accordidff  to  their 
feelings,  and,  in  consequence,  it  is  deemed  a 
chaos  of  uncertainties.  We  have,  therefore,  de- 
temined  to  give  merely  a  sketch  of  the  Revolu- 
tion, and  to  refrain  from  such  narration  as  would 
perhaps  revive  animosities  which  patriots  wish 
never  to  see  renewed. 

1810;— A  auceessioB  of  reverses  had  deranged 
all  the  plans  of  defence  adopted  by  Spain  to  re- 
sist the  attacks  of  France.  The  pass  of  Sierra 
Morena  being  forced,  the  army  of  the  enemy  ex- 
tended ito  conquests  to  the  island  of  Leon.    Af- 


fairs were  in  this  deaperate  aitwrttoB  when'  tht 
timorous  Cisneroa  addreaked  his  celebraiod  jwoo* 
lamation  to  the  peopU,  more  for  the  sake  of  r»» 
pelliBg  the  danger  whioh  menaood  hia  a«thoNijir 
than  oif  furnishing  them  rules  to  regolaie  their 
oenduei;  in  case  of  the  Freneih  sueoeeding!  ia 
their  ambitious  designs  against  the  mother  oevft* 
try.  A  martyr  ta  the  suspicions  to  which  he  hat 
given  himself  up,  as  if  he  disdained  art^ee^  kit 
endeavored  to  gain  credit  with  the  people  \ff 
palming  upon  them  his  sutement  of  the  tuter  ita* 
beoility  of  Spain,  which  the^  knew  as  w«ll  ae 
he,  for  noble  sincerity.  In  fine,  he  descended  to 
propose  a  plan  of  nationi^  representatioa  at  re* 
mote  from  justice  as- from  utilitjr* 

This  was  a  conjuncture  which  the  people  of 
Boenos  Ayres  anxiously  espected.  That  period 
had  long  passed  away  when  Amerioai  without 
anjr  object  with  which  to  compare  herself,  bad 
believed  men  bound  implicitly  to  be  guidt^  by 
the  maiims  of  their  predeoeasors.  The  revols- 
lion  of  North  America,  and  the  recent  one  of 
Frmnee,  had  revived  among  us  the  natural  righU 
of  man.  The  tame  Regency,  although  therehj 
doing  violence  to  its  feeliogSi  said  to  ut,  **  that  . 
we  were  elevated  to  the  dignity  of  freemen ;  that 
we  were,  not  like  our  ancestors,  oppressed  by  a 

?'oke  rendered  more  galling  by  their  distanoo 
irom  the  centre  of  power,  viewed  with  indiffer- 


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OmUiim  of  Shuth  Ameriaa. 


esoe,  aad-  awde  ^»  hy  if  oorMi^e."  Itt  fiae,  in 
tlw  feooiiqa«sl  9i  BQ«no»  Ayics,  bjF  ezpelUof  the 
BDglisbf  W9  had  iiuMi«  trial  of  oor  atreogth  ;  and 
eoovioeed  that  we  might  now  tafelf  east  off  the 
loadiBg^triagt  of  io&DCf,  he  bclteTed  that  this 
w«fl  the  time  to  shake  off  the  aothortty  of  a  de- 
crqiit  and  tfrauiical  mother.  We  ware  also 
ioDpalM  to  this  measare  ffom  its  appearing  prob«> 
aUa  that  Napoleao  would  render  permanent  the 
Qoverament  he  bad  esiahlished  in  Spain. 

A  oamber  of  bravt  men*  united  themselTM 
saaretJy  for  the  pnrpoae  of  extirpating  tyranny, 
aod  at  the  risk  of  their  tranqoiility,  and  fortune, 
mmd'  life,  formed  the  pkm  of  this  Reaolation. 
ThtMigh  destitute  of  military  forae,  they  dared 
proTole  a  powerful  Vieeroy^  without  exp^i- 
eoce,  they  yet  lulled  to  sleep  the  Tigilaiiee  of 
their  Goveniorsf  without  money,  they  gained 
over  aaaay  of  the  soldiery;  without  authority, 
they  rei||ned  in  the  hearts  of  their  fellow-citizens. 
This  beiog  the  sitoatioat  of  things,  the  roloano  at 
last  burst  forth.  A  junta  of  mne  persons,  with 
fuU  powers,t  assembled  en  the  25th  May,.  1810, 
agreeably  to  the  summtms  of  Ctsneros^  the  Vice- 
roy. This  was  the  first  step  in  our  Rerolation ; 
ft  revolution  efieoted  without  bloedshed,  main- 
tained by  sueoess,  ardently  desired  by  the  good, 
and  cmpable  of  produeiog  the  happiest  effeets. 

Although  the  coosideratieos  we  have  men- 
tioaed  would  have  justified  the  declaration  of  in* 
dapeeienee^  the  capital  did  not  proceed  to  this 
eztremity^  It  considered  that  to  pass  at  once  the 
Immense  interval  between  slavery  and  liberty 
would  be  a  premature  measure,  and,  eoatrary  to 
the  inviolable  law  of  nature,  that  improvemcat 
shall  be  graduaL  Besides  this,  although  they 
knew  that  the  enjoyment  of  the  social  rights  was 
mm  ot^eet  se  dear  to  the  hearia  of  many  Ameri- 
euaa,  they  knew,  also,  that  there  were  among 
theiasoiAe  timid  laeo,  who,  exposing  themselves 
a»«aivevsal  derision,  reprobated  tM  good  pur- 
ehaaed  by  any  other  than  paoific  meane;  others 
w4o,  destitute  of  love  of  country,  were  strangers 
«a  the  moat  heroic  paeaipas ;  and  others  so  onen- 
lightened  as  to  deem  servitude  their  natural  and 
piwer  sute. 

As  well  to  make  an  experimeat  upon>  these  dis* 
sinulaf  classes  of  men  as  to  leave  the  areat  meas- 
ure of  declaring  iudependeaoe  untried  till  events 
sbonJd  reader  it  expedient,  the  capital  limited  it* 
self,  for  the  pieseat,  to  the  only  phia  sanctioned 
If  prudence.  This  waa,  that  the  provinces,  in 
tlM  name  of  Perdioaad  YIL,  should  assume  the 
diaectien  of  public  aiairs.  £very4hing  prompted 
veto  tliis  innovation.  The  peninsular  Qovern- 
aaeut,  iia  springs  having  lost  their  elasticity,  ap> 
peared  insufficient  to  secure  the  existence  of  the 
uation*    The  veiy  provinces  of  Spain  were,  more 


*^l%ess  were  Casteli,  Bdgismo,  (%i6kna«  Paio, 
me^tea,  Fsaa»  Daaagoeyra,  Pee»vTeiTmd%Teoipeoo» 
'VMsi^  Baissree^  Berati,  Sodrigues,  l>enade>  Piigo* 
jm. 

tThses  W9vt  Colonel  CeaMdva,  Psesideat ;  CssteK> 
Mgrauo,  AaeslBaga,  Albertt^  Mateu,  Larrea,  Mereno, 
and  Paso. 


or  lessy  in  open  opposition  to  her  authority.  Hex. 
ffovernmenul  orders  were  either  entirely  vio- 
lated, or  imperfectly  obeyed.  This  monarehyi 
was  completely  unhinged.  The  component  parte 
of  this  vast  body  poliue  were  so  widdy  disaersed: 
that  they  could  have  no  tie  ca|)able  of  binding; 
them  together.  This  want  of  uaioa  rendered  the 
nation  weak.  It  was  doubtful  whether  the  Cefi« 
tral  Junta  could,  of  itself,  establish  a  Regenay*. 
In  fine,  America  was  an  integral  part  of  the 
monarchy,  and  enjoyed  equal  rights  with  Spain. 

This  inuovation  excited  greatly  the  ieeling;^  of 
the  people,  and  gave  birth  to  as  little  speeylaaQUf . 
Men,  who  bad  submitted  without  a  murmur  to 
be  treated  as  slaves,  blessed  the  moment  when,, 
at  least,  they  were  no  longer  instrumental  to  their, 
own  sufferings.  But.  on  the  other  hand,  interest; 
and  arrogance  caused  the  European  Spaniards  ta 
regard  with  rage  the  newly-awakened  energy  q£ 
a  p«opIe  they  had  long  contemned — an  energvj 
which  menaced  them  with  the  deprivatiou  on 
office  and  influence. 

The  oidores  of  Buenos  Ayres  were  the  first, 
who  manifested  a  disgust)  unbounded  and  prouHH 
tive  of  insubordination*  The  Jqnta  excladfidt 
from  the  Government  certain  individnala*  rar* 
gardless  of  everything  but  self-interest.  For  thauif 
it  substituted  others  more  worthy. 

The  royal  marine,  characterized  by  ignoianaa 
and  indocility,  also  ^ve  loose  to  selfish  passioaa* 
It  retired  to  Montevideo ;  endeavored  to  stir  up^ 
the  people  to  insurrection ;  implored  succors  froift 
Brazil;  dispersed  the  army ;  imprisoned  its  chiefiii 
and  even  sent  them  to  Spain  ;  in  fine,  threw  alK 
things  into  confusion. 

The  State  was  upua  the  eve  of  civil  war. 
Lima,  Montevideo,  Paraguay,  the  chie&  of  Cot* 
dova,  Potosi,  and  Charcas,  prepared  themsf  Ivea 
for  a  bloody  contest  with  the  capital  and  its  adn 
hereuts.  But  their  auimosity  excited  vigilanoa 
in  the  Qovernment,  and  enthusiasm  iu  the  pgr 
triota. 

To  guide  the  people  in.  the  novel  and  darii^ 
career  updn  which  they  had  catered,  the  Qo.v<^ 
eroment  and  the  clergy  furnished  them  with  pro* 
ductions  written  with  ability  and  with  energy. 
To  enlighten  the  public,  and,  ooasequeatly,  ta 
triumph  over  the  errors  of  education,  was  deem^ 
ed  a  sacred  duty.  The  conduct  of  the  eccleaias^ 
tics  was  particularly  praiseworthy,  siace  they 
acted  in  opposition  to  the  bishops  of  their  diooett 
ses,  more  occupied  with  the  advantages  of  posts 
they  feared  to  lose  than  interested  for  their  flocks. 

As  the  provincial  chiefs  in  opposition  to  the 
GFoveroment  were  deaf  to  persuasion,  it  deter* 
mined  to  obtain  by  force  for  the  people  the  eo- 
joyment  of  their  rights.  It  or^anixed  an  auxil- 
iary expedition  to  operate  against  the  eoemiai 
of  liberty  in  their  interior  provinces.  At  w« 
very  time  CoAcha,  Governor  of  Cordova,  an4  the 
bishop  OreUaaa,  excited  by  the  ardent  Lioiersi 
viewed  tiie  revoLutiou  as  a  crimiaal  eaterpnia 


•Tkey  were  ssnt  to  the  Oauartesv  and^ere  Cisne* 
res,  YelsMO^  Bsyes,  BilMa,  Cerpe,  I>enaguexra»  Bs* 
charradai  Medeane,  and  Ootis,  the  fiscal. 


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Qmdiiian  cf  8mah  Amerim. 


against  tbe  State,  and  excited  the  people  to  dis- 
ooedience  aad  to  yetigeaoce.  To  cure  them  of 
tbi8pbreosy,aad  to  coDvinee  them  that  they  were 
laboring  for  their  own  ruin  aad  that  of  tbejpeople, 
my  opioioD, delivered  in  a  Junta  *  was  ineffectual. 
At  last,  these  deluded  men  discofered,  to  their 
«aat.  that  they  were  struggling  in  an  unknown 
aea  affaiast  a  tempest  they  could  not  withstand. 
AbttBdoned  by  their  own  soldiers,  who  never 
lieartily  embraced  their  cause,  they  were  taken 
prisoDer8.t 

The  Junta  determined  to  cement  the  reyolu- 
tionary  GoTernment  with  the  blood  of  those  mis- 
taken men,  and  thus  to  terrifjr  into  silence  the 
enemies  of  freedom.  When  informed  of  this 
resolre,  my  surprise  and  grief  were  equally  great. 
It  was  on  the  ere  of  its  execution  that  I  was  in- 
fbrmed  of  this  determination.  To  avert  from  a 
«auat,  so  far  untainted  by  injustice,  the  impuu- 
lion  of  atrocity,  nay,  even  of  sacril^e — for  such 
Cliose  accubtomed  to  kneel  before  their  bishops 
would  have  deemed  this  act;  to  prevent  the  se- 
cession from  the  mitriot  cause  of  many  reputa- 
ble and  influential  families,!  whose  reputation 
and  feelings  such  an  execution  would  have  deeply 
wounded;  in  fine,  impelled  by  humanity,  I  felt 
bound  to  urge  these  reasons  upon  Don  Francisco 
Antonio  Ocampo  and  Don  Hipoleto  Vieytes, 
chiefs  of  the  expedition,  and  to  supplicate  the 
auspension  of  so  odious  a  sentence.  The  impres- 
sions which  these  reasons,  and  others  added  by 
my  brother,  Don  Ambrosio  Fanes,  made  upon 
their  minds,  produced  the  desired  effect  a  few 
kours  before  the  time  appointed  to  inflict  the 
punishment.  The  Qovernroent  deemed  this  ex- 
treme moderation  incompatible  with  the  security 
of  the  Slate.  The  blockade  of  the  capital  by  the 
royal  marine  from  Montevideo;  the  intrigues  of 
the  European  Spaniards,  ever  on  the  alert;  in 
fine,  opinions  in  favor  of  Liniers,  whispered 
aaaonc  our  troops,  the  conipanions  of  his  dangers 
and  glory,  compelled  the  Government  to  choose 
between  the  death  of  these  conspirators,  and  the 
ruin  of  dawning  liberty.  Placed  in  this  dilemma, 
ttom  a  sense  of  duty,  it  did  violence  to  its  feel- 
inffs  and  confirmed  the  sentence,  except  that  part 
relating  to  the  bishop.  Thus  died,  prematurely. 
men  who,  in  other  times,  might  have  been  useful 
citixens.$ 

Among  the  chiefs  assembled  by  Concha  and 
Liniers,  the  most  conspicuous  were  Sans,  Gk)V- 

*  This  JunU  met  at  the  house  of  the  Ooveraor, 
Concha :  Liniers,  Orellana,  two  oidores,  Nonorarioa, 
Colonel  Allende,  the  assessor  Rodrigaes,  the  alcades 
ordinarios,  the  Mintro  de  las  Cazas,  Moreno,  and  my- 
self, were  present.  Talone  was  in  favor  of  the  capital. 
Mj  opinion  may  be  seen  in  the  OaxeU  de  Buenos 
Ayres,  or  in  the  Periodico  Espanol. 

J  Except  the  oidores  and  alcades  ordinarios. 
Allende  and  Rodrigues  were  related  to  the  princi- 
fiuniHes  of  Cordova,  Liniers,  and  Concha,  the 
most  respectable  of  Buenos  Ayres ;  tome  of  the  relm« 
tim  of  the  two  last  had  taken  pari  in  the  revohition. 
S  The  execution  took  place  between  the  Posi  Ka- 
besa  del  Tigra  and  that  of  Lobatioa. 


ernor  of  Potosi,  and  Nieto,  Prenident  of  CkaroM;. 
Nieto,  licentious  as  was  ever  any  minion  of  tyims* 
ny,  oppressed  with  vexations  each  ffarrisoo  undac 
his  command,  imprisoning  the  soldiers  in  cav^ 
ems,  and  even  condemning  ihem  to  toil  in  baka* 
houses.  Thus  this  idiot  expected  to  prop  ika 
tottering  fabric  of  slavery,  and  to  perpetuate 
meanness  of  spirit  and  misery.  While  these  and 
other  events  agitated  the  centre  of  Peru,  the  Junta 
gave  additional  respectabilitf  to  the  auxiliary 
expedition.  Casteli  having  resigned  the  com* 
mand,  Don  Antonio  Balcarce  was  appointed  ia 
his  stead.  The  victory  of  Suipacha  put  an  end 
to  the  enterprises  of  certain  rash  men.  The 
Major  General,  Cordoba,  Sans,  and  Nieto,  were 
shortly  after  put  to  death. 

It  was  not  so  much  from  external  obstacles,  m 
from  a  weakness  common  to  all  States  in  timea 
of  revolution,  that  our  afiairs  were  not  alwaya 
prosperous.  It  must  be  perceived  that  we  are  now 
about  to  speak  from  intestine  dissensions.  When 
we  threw  off  the  yoke,  we  thought  that,  in  organ* 
izing  a  Government,  it  was  impossible  to  recede 
too  much  from  the  tyranny  which  had  caused 
our  sufferings  and  our  shame.  A  youth  oPtal- 
ents  and  information,  says  a  modern  author,  as* 
lonished  at  reading,  in  each  page  of  the  ancienla, 
a  diary  of  what  pamd  before  his  eyes  in  the  late 
French  revolution,  happily  thought  of  writing  its 
history,  with  passages  extracted  from  these  au- 
thors; and,  without  any  other  labor  than  that  of 
citation,  composed  an  original  work.  So  true  it 
is,  adds  he,  that  there  are  no  annals  more  authea* 
tic  and  instructive  than  those  of  the  human  heart. 
When  we  attentively  consider  our  dissensions, it 
appears  as  if  Cicero,  and  Tacitus,  and  SalliiaC, 
were  their  hisTorians. 

Governments  destitute  of  solid  fouadatioaa 
will  always  be  playthings.  Scarcely  had  the  first 
Junta  begun  to  exercise  its  authority,  when  the 
clouds  gathered  and  the  lightnings  flashed  around 
them.  Our  germ  of  discontent,  not  dissembled, 
was  exclusion  from  a  share  in  command  of  the 
deputies  of  the  people,  appointed  to  give  a  legal 
existence  and  form  to  the  new  political*  strucuue. 
This  exclusion  excited  personal  resentmenu ;  aad 
those  who  deemed  themselves  injured  endeavored 
to  itveoge  themselves  in  the  name  of  the  public 
weal.  The  events  which  occurred  in  consequence 
will  be  recounted  in  the  course  of  this  sketch. 

These  provinces  were  now  the  theaues  of  civil 
war.  The  Paraguavans  had  not  yet  resolved  to 
sacrifice  a  tranquil  slavery  for  a  liberty  ptecariooa 
and  tamntoary.  The  first  Junta  perceived  that 
this  stale  of  that  province  was  the  consequeaea 
of  fears  inspired  by  its  Governor,  Yelasco,  aad 

*  To  unite  the  provinces  in  a  Congress,  by  dieir 
representatives,  was  the  first  resolve  of  the  capital. 
Cucalar  letters  having  been  written  lor  this  paipaee 
by  the  Jtrnta,  elections  were  holden  in  the  most  tM- 
qnil  cities.  In  these  letteis  it  was  stated  that  the  da|^ 
uties,  when  elected,  should  be  incorporated  Uk  tna 
Oovemment    It  was  now  the  middle  of  I>eoaBibar» 

I  and  the  deputies  (of  whom  I  was  one,  espresaatia^ 
Cordova)  were  not  incorporated. 


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XPPESfDH.. 


aoos 


CbMfnMM  €f  JSoiuth  Amcf%C€L 


felt  it  a  Mierad  duly  to  open  its  ef  •&  to  ito  interest 
aod  booor»  This  was  the  objeot  of  another  ex- 
pedition, commanded  bf  Don  Manael  Belgrano. 
It  was,  at  first,  unsoooessfnl ;  but  what  three 
Uoodf  battles  failed  to  win,  was  the  fruit  of  a 
negotiation  most  sagaciously  conducted  by  the 
Ckneral,  The  Paraguayans  began  to  be  persua- 
ded that  the  zeal  of  Velaseo  was  refined  seifish- 
aets,  obedience  to  him  meanness* of  spirit,  and 
submission  to  Spain  contrary  to  the  public  good. 
The  movecnenu  of  the  enemy  at  Monterideo, 
until  now,  though  seditious,  were  unimportant. 
The  arrival  there  of  a  viceroy  for  Buenos  Ayres 
inspired  the  hope  of  humbling  us.  Idiots !  to  in* 
dulge  such  a  hope.  We  knew  Elio,  and  counted 
upon  his  follies  as  most  efiicient  auxiliaries.  This 
soldier,  whose  motto  was  "  boldness,"  promised 
*  the  Regency  to  convert  the  capital  into  a  dungeon 
of  slaves,  ft  was  natural  that  silly  and  extrava- 
gant expectations  should  be  indulged  and  pio- 
mulged  to  his  employers  by  a  viceroy  incompe- 
tent to  fill  the  most  petty  office.  Elio  had  the 
iBsolenee  to  require  the  Junta  to  recognise  him  \ 
but  this  body  treated  his  demand  with  the  con- 
tempt it  deserved. 

18 LI— In  consequence  of  this  repulse,  Elio  de- 
nlared  the  Junta  rebellious,  and  answerable  for 
all  the  blood  that  might  be  shed  in  the  contest. 
His  first  e£fort  was  to  reduce  the  Orientals  to 
obedience.  But  these  brave  men  taught  him, 
what  daring  spirits,  in  robust  bodies,  could  ef- 
fect. The  conquest  of  Gualeguaichu  and  the 
victory  at  Soriana  were  merely  preludes  to  ac- 
tions more  glorious. 

Certaioly  the  fury  of  Elio  was  far  less  dread- 
ful to  the  State  than  the  internal  dissensions 
which  now  convulsed  it.  While  the  Junta  of 
Deputies  labored  in  performance  of  its  duties,  new 
plots  were  hatched,  during  a  repose  which  was 
oompuUatory,  by  a  rival  party.  It  was  attempted, 
by  black  calumny,  to  abuse  credulity  in  order  to 
tender  the  deputies  suspected.  It  was  whispered 
that  they  intended  to  sell  their  countrv  to  the 
Portuguese  for  money  and  office — a  base  slander,* 
which  never  would  have  obtained  believers,  were 
it  not  true  at  all  times  that  the  great  characteris- 
tic in  party  is  blind  deference  to  leaders.  The 
Junta  did  not  yield  to  this  persecution,  but  the 
deputies,  stigoiatized  as  traitors  and  tyrants,  op- 
posed no  other  shield  against  calumny  than  a 
faithful  discharge  of  duty. 

Nevertheless,  they  were  still  victims  of  detrac- 
tion, when  a  revolution,  known  as  that  of  the  5th 
and  6th  of  April,  in  which  the  Government  bad 
no  share,  toox  place.  This  event  afforded  no 
pleasure  to  the  Junta ;  it  knew  that  in  the  ordi- 
nary course  of  the  passions  one  revolution  engen- 

*  In  support  of  this  eahmmy,  a  letter  written  by  tho 
English  Captain  Fleming  to  tbo  Ooremment  of  Chili 
was  triumphantly  urged.  Bat  Lord  Btrangford,  ths 
British  Ambassador  near  the  Prince  Regent  of  Portu* 
gal,  in  his  official  leltsr  of  September  7th  to  the  Got- 
Cfoer  of  Buenos  Ayres,  thus  expresses  himself:  **  I 
CMi,  m  the  most  authentic  msnner,  in  the  name  of 
my  Court,  disavow  the  letter  of  Captain  Fleming.'^ 


ders  others  of  the  same  kind  ;  for  when  partlts 
are  once  formed,  interest  and  justice  become  with 
them  convertible  terms.  The  Junta  had  always 
been  persusded  that  the  true  object  of  the  revcH 
luiion  ought  to  be  to  secure  the  people  the  ad- 
vantages of  a  free  Qovernment.  It  held  the 
opinion  that  persons  in  authority,  if  unrestrained 
by  the  jealous  and  unceasing  attention  of  eol- 
lesgues,  invariably  became  corrupt;  that,  after 
being  guilty  of  usurpations^  to  become  despotic, 
became  necessary  to  Insure  impunity  ;  and  that 
from  violations  of  the  laws  to  despotism  is  but 
a  step.  Supported  by  these  reasons,  and  the 
unanimous  vote  of  the  people,  it  introduced  the 
government  of  Juntas  into  all  the  provinces. 

Animated  by  the  same  spirit,  it  introduced, 
also,  the  liberty  of  the  press.  The  Junta  was  of 
opinion  that  the  time  had  arrived  when  thought 
ought  no  longer  to  be  imprisoned  by  the  wilt  of 
the  magistrate,  who,  in  the  words  of  a  celebrated 
genius,  *^  with  the  cord  that  binds  it  in  his  band, 
measures  and  fixes  the  distance  ot  its  flight.'' 

These  cases  were  succeeded  by  others  of  adiffei^ 
ent  nature  and  importance.  To  excite  the  Orien- 
tals to  resist  their  foe,  and  not  to  be  at  the  mercy 
of  the  furious  Elio  and  his  rapacious  followers, 
among  the  different  objects  soliciting  attention, 
deserve  the  preference.  By  repealing  frequently 
the  words  Sparta,  Rome,  liberty,  patriotism,  and 
by  aid  lavish  and  opportune,  we  had  at  last  the 
consolation  of  interesting  them  in  the  salvation  of 
the  country.  The  taking  of  Caneiones  bv  Don 
Benancio  Benovidez,  and  the  victory  of  San 
Jos6,  gained  by  troops  of  Don  Jos6  Artigas,  will 
always  excite  delightful  feelin^p.  But  the  Junta 
expected  to  gather  the  best  fruits  after,  from  pol- 
icy.  it  had  transferred  the  command  of  the  army, 
and  sent  reinforcements  to  Colonel  Don  Joe6 
Rondeau.  Nor  was  it  deceived;  the  towns  of 
Minas,  San  Carlos,  and  Maldonado  yielded  sue* 
cessively  to  the  conqueror  Dun  Manuel  Arti^^ ; 
and  theOrientals,risinginmass,invested  the  walls 
of  Montevideo.  Success  so  brilliant  filled  Elio 
with  consternation,  and  made  him  deem  it  neces- 
sary to  stop  the  patriots  in  their  prosperous  career, 
by  some  great  effort.  Twelve  hundred  of  his  best 
troops,  with  a  f  reat  train  of  artillery,  occupied 
Piedras.  Notwithstanding  their  superiority  in 
numbers,  arms,  situation,  and  discipline,  they 
were  conquered  by  men  who^  animated  by  the 
frlory  of  conquering,  forgot  their  nakedness,  wear- 
mess,  and  all  the  horrors  of  death.  The  Qeneral, 
Don  Jos^  Artigas,  manifested  on  this  occasion 
that  ardor  and  coolness  with  which  he  inflamed 
or  moderated  the  passions  of  his  troops,  as  cir- 
cumstances required. 

These  victories,  and  General  Rondeau's  re* 
moval  of  his  headquarters  to  Mercedeo,  for  the 
purpose  of  besieging  Montevideo,  filled  Elio,  till « 
then  over-confident,  with  despair.  He  inquired 
of  the  Junta  if  an  accommodstion  were  possible, 
and  ofiered  to  purchase  it,  even  with  the  humili- 
ating sacrifice  of  his  office.  While  the  Junta  was 
deliberating  upon  this  proposal,  it  received  intel- 
ligence that  Parsguay  had  at  last  awakened  from 
its  lethargy,  anu  turned  ngainst  iu  oppc^SMrs 


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APPENDIX. 


2O0# 


Conditimi  qf  SbtOh  America, 


arms  placed  in  the  hands  of  its  sons  in  order  to 
be  used  against  the  country,  thus  profiting  by  its 
error.  This  pieasinff  information  produced  a  re- 
ply to  Elio,  which  showed  him  that  nothing  re- 
mained for  him  but  submission. 

This  ener|;etic  repi^  lighted  up  anew  his  flame 
of  war.  Elio,  barkening  alone  to  the  rage  which 
filled  his  bosom,  prepared  to  bombard  the  capital. 
Michelena,  with  a  squadron  of  five  ships,  appeared 
off  the  harbor,  and  informed  the  Junta  of  bis  hos- 
tile intent.  This  body,  uointimidated,  boldly 
answered,  in  reply,  ^*  Proceed,  and  receive  prac- 
tical lensons  of  the  energy  of  a  people  whose 
courage  and  resources  are  incalculable."  The 
bombardment  was  executed,  but  with  more  injury 
to  the  enemy  than  to  the  capital. 

It  is  now  time  to  turn  our  eyes  to  the  army  of 
Peru«  Thus  far  it  was  successful.  Casteli,  with 
six  thousand  men  under  his  command  in  the  vi- 
cinity of  Desagucdero,  expected  decisive  events, 
which  would  cover  our  arms  with  glory  f  but, 
instead  of  adopting  measures  suitable  to  bis  cir- 
cumetanees,  he  entered  into  useless  negotiations, 
and  obtained  an  armistice,  which  Goyeneche  per- 
fidiotnly  turned  to  his  own  advantage.  Six  days 
before  it  expired,  the  armies  of  the  country  were 
attacked  in  Guagy  andChibiraffa,  points  distinct 
avd  distant  from  each  other.  In  the  first  battle, 
the  enemy  were  victorious;  in  the  second,  (at 
Obibiraga.)  neither  party  conquered,  bat  the  dis- 
persion or  our  army  left  the  foe  master  of  the 
field  of  battle  ou  the  following  day.  Our  auxil- 
iary expedition  being  thus  unfortunate,  the  ene- 
mies became  masters  of  Upper  Peru.  The  Junta 
Wis  undismayed  by  this  reverse  of  fortune.  In 
its  proclamation  to  the  people,  it  reminded  them 
that  the  Roman  Senate,  after  the  defeat  of  Cana, 
thanked  the  Consul  Varro  for  not  despairing  of 
the  republic,  and  declared  that  it  did  not  despair. 
This  proclamation,  circulated  throughout  the 
country,  roused  the  people  to  generous  exertions. 

It  is  proper  here  to  narrate  the  capture  of  the 
island  of  JRota,  The  besieging  army  of  Monte- 
video was  greatly  in  want  of  powder,  and  this 
island  contained  a  quantity  equal  to  what  it  re- 
quired. Although  the  attack  was  extremely  haz- 
ardous, it  was  made  with  sagacity  and  valor  by 
Don  Jos6  Ctuesado,  commander  of  our  troops,  and 
crowned  with  success.  He  abandoned  it,  after 
spikinff  the  cannon,  bringing  with  him  twenty 
quintals  of  powder. 

We  bad  not  only  to  contend  against  the  Span- 
ish troops,  but  also  to  be  on  our  guard  against  a 
stranger  whose  ambition  was  well  known.  Our 
revclutioft  had  early  awakened  the  policy  of  the 
Portuguese,  and  the  Court  of  Brazil,  under  the 
pretext  of  preserving  in  favor  of  Ferdinand  VII. 
the  integrity  of  his  dominions,  desired  to  ^et  pos- 
'session  of  his  South  American  territories,  in  order 
to  secure  the  rights  which  might  accrue  to  the 
Princess  Carlota.  The  Junta  considered  that,  if 
Portugal  refrained  from  doing  what  both  her 
ftars  and  her  ambition  prompted,  it  would  be  a 
pheaemenon  in  history.    It,  therefore,  mistrusted 

*  As  CasteH  himself  eUteshv  a  despatdu 


this  Power,  and  took  all  the  precautions  prudence 
dictated  to  render  Elio's  demauds  for  assistance 
unavailing. 

The  Court  of  Brazil  caused  its  troope  to  enter 
the  territory  of  the  State,  but,  before  it  resorted 
to  arms,  made  experiment  of  what  it  could  effiet' 
by  policy.  Removing  at  last  the  veil  that  had^ 
enveloped  its  designs,  it  proposed  to  the  Junta  to^ 
purchase,  by  voluntary  submission,  its  acknowl^- 
edgment  of  the  independence  of  La  Plata,  and 
its  solemn  engagement  that,  even  if  Ferdinand 
recovered  the  Spanish  throne,  it  should  not  be 
again  subjected  to  the  authority  of  the  mother 
country.  The  Junta  considerea  that  it  would' 
merit  public  hatred  and  vengeance,  should  ir 
hearken  favorably  to  a  proposal  with  which  it 
could  not  comply  without  imbecility  and  base* 
ness,  although,  since  the  victors  of  Gbyeneche 
had  made  him  master  of  Peru,  almost  environed 
with  foes,  the  Junta  thought  only  of  putting 
into  requisition  all  the  resources  of  the  country, 
and,  when  these  failed,  to  bury  itseif  beneath  ita 
ruins.  A  little  less  folly  on  the  part  of  Elio 
would  have  placed  him  in  a  situation  to  open  a 
negotiation  (as  he  proposed)  with  the  Junta^  to 
have  assisted  and  been  assisted  by  it  against  the 
Portuguese,  and  to  have  settled  satisiactorily  aU 
matters  in  controversy.  From  thevarioos  sources 
for  bettering  the  situation  of  the  country  whielr 
suggested  themselves  to  the-  Junta,  it  seleeted 
that  of  reforming  the  Government.  We  had 
long  experienced  the  evils  of  a  system  dispro- 
portioned,  incapable  of  commanding  means  ade- 
quate to  the  ends  to  be  efiected,  and  destitnte  nf 
the  power  necessary  for  putting  in  motion  and 
directing  the  machine  of  Government.  The 
exclusion  of  the  deputies  from  a  share  in  the 
Government,  which  we  have  before  rekced,  maf 
have  resulted  from  artifice,  precipitation,  or  other 
cause ;  but  it  is  certain  that  to  have  admitted 
them  all  would  have  been  incompatible  with  ibv 
secrecy,  celerity,  and  vigor,  without  which  W 
govern  well  is  impossible.  To  obviate  the  in=- 
conveniences  resulting  from  the  want  of  theee 
essentials,  the  Junta  determined  to  create  an  ev^ 
ecutive  power  which,  in  the  language  of  the 
sapient  Necker,  ^'  should  in  the  body  politic  i^|^ 
resent  that  mysterious  power  whieh  in  man- 
causes  the  action  to  correspond  with  the  wiU.^ 
The  consideration  that^  wbtn  the  executive  aa- 
thority  has  no  just  limits,  the  State  is  but  a  eon- 
fused  heap  of  oppressors  and  oppressed,  indnoed 
the  Junta,  in  order  to  temper  it,  to  reserve  to  it^ 
self,  with  the  title  guardian  of  ikejmbHe  rigki$f 
the  power  of  legislation ;  not,  however^  to  ftv 
full  extent,  for  it  could  be  thus  exercised  onlf  bf 
a  national  Congress,  but  menety  to  provide  for 
exigencies,  to  restrain  the  operation  of  lawepra- 
judicial  to  the  Slate,  to  delibeatn:  npan  im|>er- 
tantafilEiin)  and  to  H>alm>  the  discrasi  ift  tbetr  ifi9* 
eraovs  with  which  gHiming  ftm^ttmrnhm^keitf 
iatpired  the  peopte* 

With  these  limiiatlons  tli«  Jmmi  vMktedam 
exeentire  power^  vested  in  three  persons;  ^*o 
were  Dr.  Don  Joan  Jos^Pftso, Don  FelietanaCM^ 
clana,  and  Don  Manuel' Sumttia.    If  these  ncir 


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€^mU$itn  <f  9oiUk  JbmHctk 


Magistrates  wauH  limine  reipeeted  tke  iMirrkrs 
tiMt  limited  their  power,  tbtf  woold  hare  spared 
the  cafilial  a  tumult,  the  deputies  an  aflh>Dt,  Mid 
their  own  rapotatioas  a  death-wouod.  From  a 
repnrtieiialhle  desire  of  aotherity,  without  the 
poper  eouaterpetse,  they  stigmatized  the  regn- 
mtioa  mtdtB  ^  tho deputies,  in  virtue  of  the  pew^ 
er  ther  had  reserved,  '^  as  a  code  calculated  to 

fecipitate  the  coaotry  into  the  ahyw  of  rnia." 
be  deputies  being  made  the  victims  of  public 
dleoider,  their  place  in  the  Qo vernment  remained 
vueaat*  The  manifestoee  issued  in  justification 
of  tfaismeaeare  could  ettity  have  been  reAited; 
but  the  deputies,  awure  that,  when  the  fedincs 
of  the  people  are  in  a  state  of  irritation,  it  is  in 
vain  to  appeal  to  them  for  justice,  wisely  trusted 
their  defence  to  e^enu  which  tney  were  confi- 
dent would,  sooner  or  kter,  make  apparent  their 
innocence.  They  did  not  misealouiate ;  for  the 
prosperity  subseqoently  enjoyed  by  the  country, 
ttnder  a  political  syst^em  very  similar  to  the  one 
they  proposed,  baa  com|^etely  refuted  the  cal- 
UflMUes  of  their  adversaries^ 

It  is  impossible,  in  a  sketch  like  the  present,  to 
give  a  fall  view  of  the  perturbed  state  in  which 
this  violent  measure  lefl  the  capital*  It  was 
dirided  into  factions  familiar  with  every  kind  of 
petty  artifice.  Bitter  invectives,  false  relations, 
exaggerated  fears,  were  employed  to  obtain  what- 
ever they  deemed  promotive  of  their  interests. 
''Each  party^"  says  an  intelligent  observer, 
**  atrengtheas  itself  by  railiag  at  and  calumnia^ 
tias  its  opponents.  Party  seal  gives  repatation 
to  nettona,  and  to  be  deemed  by  them  «  man  of 
worth,  it  is  suffietent  to  be  one  of  tlteaa."  The 
most  despioahia  persons  were  selected  for  chiefs, 
for  the  absence  of  talent  aad  bonestr  insuved 
their  tfliNO0aoi«fie«.  The  situation  of  the  capital 
was  truly  deplorable. 

In  this  state  of  things,  the  sergeants,  aorporab, 
and  soWera  of  the  1st  regiuMnt  openly  motiaieii 
nnd  jeopardised,  their  sMety,  by  indiacreetly  at*^ 
temptioy  to  prerail  against  their  offioers.  The 
eapitai  was  cooTerted  into  a  field  of  battle.  The 
matineen  wera  compelled  to  surrender,  and 
.eleven  of  their  number  wefe  executed  to  punish 
this  outrage  against  the  laws.  The  GK>v<ernment 
did  not  confirm  their  sentence  with  dry  eyes^  but 
it  knew  that  rnlevs  invariably  bring  their  nu- 
thoritf  into  contempt  by  grviog  impunity  to 
eriminais. 

Fear  and  trouble  mingle  with  the  very  ele* 
n«nta  of  naatable  Qovemments.  The  deputies 
of  the  people  retired  to  their  hearths,  after  they 
wera  left  at  liberty  to  do  so,  by  their  ezekision 
CO  tlM  6th  and  6ih  of  April  from  the  Qovern« 
Meat.  The  intraetabte  Bishop  Orellana,  by  his 
hypocrisy,  obuined  his  restortition  to  a  chair 
from  which  his  crimes  excluded  him.  These 
ooeunreooea  augmented  distrust  and  jealousy. 
When  Government  adheres  to  a  party,  it  makes, 
saven  sage,  the  political  bark  to  incline  lo  one 
sioei  UAd  acoeleratn  n  shipwreck  in  whichai  is 
also  loit 
irality 
rather 


MM  aceeieratn  n  snipwrecic  in  wwcnat  le 

oit.    It  is  true,  tlioulghy  adds  he,  that  sen«> 

'f  is  not  alWttfS  warmnled  by  juatiee.httS 

by  ambition,  which,  standing  alooC  mna 


disorders,  draws  from  them  its  greavesf  advan^^ 
tarjs. 

While  the  bosom  oT  the  country  was  thus  torn 
to  pieces,  the  extremities  were  in  no  better  eon* 
ditioD.  It  is  certain  that,  in  consequence  of  an 
almost  general  insnvraction  of  the  Indians,  the 
district  of  Pax  wa#  recovered,  the  cit^  besieged, 
and  the  army  of  Lombera  routed;  it  is  also  true 
that  the  brave  Don  Betevan  Arce  made  himself 
mesier  of  Coehabamba.  But,  notwithstandinr 
these  triumphs^  the  conqueror  of  Guaqui  retained 
hit  conquest.  The  retreat  made  from  Potosi  by 
Colonel 'Don  Juan  Marti  a  Pneyrredon,  vdth  the 
remnant  of  the  army  aod  wealth  of  the  country, 
was  executed  so  heroically  that  it  deserves  to  be 
taken  for  a  model.  It  is  only  given  to  intrepid 
spirits  to  make  themselves  respected  in  the  hovr 
of  danger. 

The  Banda  Oriental  presented  nothing  whiclr 
could  tranquillize  us.  It  is  true  that  the  Portu- 
guese, though  acting  with  their  accustomed  dis* 
simulation,  had  not  gathei^d  \u  expected  ftuits« 
Their  troops  had  approached  Montevideo  with 
the  hope  that,  aircimisianoee  opening  to  them  the 
gates,  she  would  change  her  langusi^,  even  if 
her  fi;ellng8  remained  unchanged.  Bzperience 
showed  tlrat  the  nrojects  of  cabinets  sometimee 
fail.  A  treaty  or  peace  made  between  this  city 
and  the  capital,  by  which  it  was  mf^ned  that| 
upon  our  troops  raising  the  siege,  and  ratfrinw 
beyond  the  Uruguay,  the  Portuguese  should 
evacuate  the  Bnnda  Oriental,  dieconeerted  aft 
their  plans.  Stilt  they  did  not  despair.  As  re* 
matkable  for  psrtidy  as  vre  for  good  faith,  by  a 
sctndalous  invasioa  on  their  part,  they  renewed^ 
the  war,  and  gave  the  troops  of  Creneral  Artigae 
an  opportunity  of  showing  these  foes  that  none  o/^ 
fended  them  with  impunity.  It  was  evident  that 
to  obtain  Montevideowas  the  object  of  the  Portu* 
guese.  Their  seduetive  inflhence  induced  herto 
break  the  treaty,  and  renew  the  blockade  of  the 
capitaL 

It  is  only  the  pusUlaaimooe  that  srrediaheM*^ 
ened  by  danger.  Mm  count  the  numbe^of  their 
el^rta  by  their  reverses.  Fortune  entera  Into 
their  calculations  in- doubtful  cases,  but  they  re-^ 
ly  solely  on  virtue.  The  Qorerament,  convincedf 
that  victory  is  not  essential,  and  that  braremen^ 
when  reduced  to  the  greatest  straits,  are  most 
efficient,  nndismayed,  strained  every  nerve  ta 
sare  us.  The  scareify  of  money  was  supplied 
by  a  confiscation  of  enemy's  property,  aad  an 
aonual  ooatribuUon  of  six  hundred  and  thirty- 
eight  thooeaod  dollara ;  an  mtado  mafor  gtneraM 
was  created  ;  a  methodical  plan  furaished  for  re* 
forming  the  army ;  subordination  was  better  e^' 
tablished;  the  liberty  of  the  press  confirmed) 
the  army  of  Peru  reinforced  \  and  s^diiional 
troops  opposed  to  the  coalition  of  our  enemies* 

While  these  measures  were  adopting,  n  now 
oficorrcoca  ralighud  tho  torch  of  discord  in  the 
capitaL  By  a  regulatioa  of  the  executive  pewai^ 
na  nsaemhLyi  to  meet  ^t  stated  periods,  wta  of^ 
gaoinad,  for  the  obiaM  of  deliberaiini^  during* 
sasaioQ  positively  Itmiied  to  eight  days,  upoA 
great  State  afiairs,  and  of  salaottng  every  mm 


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8008 


OMMiMon  qf  Somih  Ammea. 


iDQDths  i  aoceetsor  to  the  ebief  of  the  Oovero- 
meDl,  whose  term  of  service  expired.  As  loye 
of  Ubertjr  had  generated  inquietude  and  distrust, 
tt  was  difficult  to  take  any  step  without  inter- 
rupting tranquiilitjT*  Don  Juan  Martin  Pufyrre- 
don  was  elected.  The  assembly  considered  that 
it  could  not  without  imbecility  refrain  from  assu- 
ming supremacy  o?er  the  General  Qovernment 
and  all  the  provinces  of  the  Union.  This  was 
atigmatized  by  the  executive,  as  an  excess  sub- 
Tersive  of  the  law  which  gave  this  body  being. 
The  assembly  urged  that  the  law  cited  against 
them  was  the  work  of  force ;  force  terminated 
the  contest,  the  assembly  was  dissolved,  and  the 
citizens  still  more  disunited. 

Discord^  the  tendency  of  whioh  is  to  subvert 
all  authority,  debilitates  the  State.  But  this  does 
not  happen  when  it  is  awakened  by  love  of  lib- 
erty. Nothing  is  more  natural  than  that  the 
people  should  observe  with  fear  the  hand  which 
governs  them,  but  it  is  a  fear  neither  enervating 
courage  nor  weakening  understanding.  The 
confusion  into  which  General  Arce,  after  the 
Eout  at  Astete,  and  General  Artigas,  after  a  vic- 
tory over  a  division  of  Portuguese,  put  the  Gen- 
erals Goyeoeche  and  Sousa,  ought  to  have  made 
(hem  know  thai  attempts  against  libertj^  are  al- 
ways vain*  The  Court  of  Brazil,  convinced  of 
this  truthj  perceived  that  it  would  be  best  for  it 
to  be  upon  terms  of  amity  with  us.  It,  there- 
fore, by  its  Plenipotentiary.  Don  Juan  de  Rede- 
marker,  submiited  proposals  to  us,  to  which,  un- 
der the  guaranty  of  Great  Britain,  we  acceded. 

Although  Goyeneche,  in  Upper  Peru,  was 
filled  with  grief  by  the  desertion  of  his  troops, 
and  other  repeated  misfortunes,  pride  would  not 
permit  him  to  abandon  his  conquest.  Thus  cir- 
cumstanced, availing  himself  of  our  retreat  to 
Tucuman,  from  the  right  bank  of  the  river  Sui- 

Sioha,  he  resolved  to  attempt  the  conquest  of 
ochabaroba.  With  the  greatest  and  best  part 
of  his  troops  he  marched,  routed  General  Arce, 
and  approached  the  city.  Antezana,  president 
of  its  Junta,  perceiving  himself  without  re- 
sources, offered  submission,  and  implored  the 
clemency  of  the  conqueror.  This  proceeding, 
ihouffb  prudent,  was  viewed  with  extreme  dis- 
gust oy  a  magnanimous  people  who  had  acquired 
so  much  glory.  Although  destitute  of  solid  sup- 
port, they  preferred  the  horrors  of  war  to  the 
advantages  of  a  humiliating  peace,  and  com- 
menced an  irre(^ular  fight,  in  which  the  women* 
iotermingled  with  the  men.  The  contest  was 
Tcrv  unequal ;  after  some  resistance  they  yielded 
with  considerable  loss.  This  gallantry  was  suf- 
ficient to  incite  Gk>yeneche  to  the  most  base  and 
cruel  vengeance.  The  town  was  delivered  up  to 
plunder  lor  three  hours,  which  afforded  oppor- 
tunity for  the  commission  of  every  sort  of  crime. 

•  To  eommemorata  the  heroism  of  these  fkmiHes, 
and  as  an  incitement  to  patriotism,  an  ayudtmU 
in  eaoh  corps  of  the  army  of  Pern,  at  roll-calUng  in 
the  evening,  calls  out  the  women  of  Cocbabambi^  as 
If  ih^  engbt  to  be  prsaented,  and  a  sergeant  rmtts% 
Aar4adiiitii.||aiaofh0Mf.  ^^ 


That  the  soldiers  should  have  been  gBilty  of 
monstrous  excess,  is  not  surprising,  since  Goy«« 
neche,  himself  incited  them  by  his  example.*  It 
is  a  fact,  well  authenticated,  that,  entering  with 
one-half  of  his  cavalry  the  gate  of  the  mothec 
church,  the  sacrament  being  exposed,  he  killedi 
with  a  stroke  of  his  sword,  the  fiscal  Lopez  An- 
drea, who  presented  it  trembling  with  terror. 

He  then  pursued  boldly  the  several  precedents 
of  tyrants:  bv  banishments,  confiscations^  and 
executions,  tnis  homicide  rivalled  Nero  in  in- 
famy.  In  the  places  subjected  to  his  yoke,  a 
gesture,  a  clouded  visage,  an  indiscreet  word,  n 
tear  stealing  down  the  cheek,  was  a  crime  of 
State.  It  may  be  remembered  that  eleven  of  the 
dispersed  soldiers  of  General  Arce  were  sacri- 
ficed to  his  vengeance  at  Chuquisaca.  It  was 
necessary  for  the  timid  to  be  encompassed  by 
men  like  themselves,  that  thev  might  not  en- 
counter, on  whichever  side  they  turned,  this 
head  of  Medusa  which  froze  the  heart.    But,  in 

?:eneralj  he  failed  to  obtain  the  expected  fruit 
rom  his  barbarous  policv.  He  inspired  more 
hatred  than  terror.  On  all  sides  his  troops  were 
attacked  with  furv. 

While  we  are  drawing  near  the  moment  when 
the  arms  of  the  country  achieved  more  impor- 
tant victories  over  the  enemy,  let  us  notice  other 
successes,  more  nearly  relating  to  the  capital. 

The  measures  of  the  Portuguese  we  last  men- 
tioned, and  the  obstinate  resistance  of  Montevi- 
deo, induced  the  Government  to  send  Don  Man- 
uel Sarratea  to  the  other  side  of  the  river,  as  itt 
repreaentative  and  general.  The  prioMiry  object 
of  this  mission  was  to  renew  the  siege  of  Mon- 
tevideo, and  to  set  limita  to  extravagant  pride. 
The  success  of  this  undertaking  depended  upon 
the  co-operation  of  the  eastern  with  the  western 
troops.  But  the  appointment  of  Sarratea  was 
not  approved  by  General  Artigas,  and  his  jeal- 
ousv  impeded  the  execution  of  this  project.  Bat 
at  last,  after  some  opposition  from  Agui  and 
Salto  Chico,  the  union  which  should  ever  sub- 
sist between  the  several  members  of  the  same 
State  was  in  fact  obtained.  Some  troops  joined 
the  arm^,  though  slowly,  and  bodies  of  mem 
were  stationed  in  the  vicinity  of  Montevideo  by 
General  Rondeau.  The  Governor,  Yigodet,  per* 
ceived  that  this  new  siege  was  about  to  produce 
inevitable  misfortune.  Knowing  that  all  our 
forces  had  not  united,  he  formed  the  design  of 
surprising  our  camp,  and  eiecuted  it  with  viva- 
city, at  the  head  of  two  thousand  men.  In  this 
history  are  recorded  few  days  moreglorioos  than 
the  Slst  of  December,  1812,  in  which  our  Gkne- 
ral,  his  subaltarns,  Soler,  Ortignera,  ftuintane, 
Eocalada,  and  other  officers,  manifested  a  Talor 
and  intelligence  worthy  our  cause.  Their  efforta 
made  the  audacity  of  the  enemy  degenerate  into 
cowardice.    Being  very  roughly  handled,  the 

*  By  the  expiess  orders  of  €k»yeneehe  tlM  monas 
teiy  of  (9aata  Clara  was  not  plonderedt  beeaess  he 
knew  that  the  moat  vahuble  property  of  the  town 
was  there  deposited,  and  wished  to  sppfopdate  it  te 
hisovmose. 


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Oandiium  qf  Souik  AwuriM, 


foe  retrMted,  teaviog  dead  on  the  field  of  bstt^e 
Major  Qeneral  Muesas,  wiih  many  offieers  and 
soldiers.    Many  prisoners  were  taken. 

It  was  decreed  that  oar  freedom  should  be 
purchased  with  blood  and  with  danger.  The 
rejoicings  for  this  victory  were  mingled  with  as- 
tonishment at  the  discovery  of  a  most  atrocious 
plot.  A  considerable  number  of  European  Span- 
iards, resident  in  Buenos  Ayres,  had  confedera- 
ted to  cover  it  with  havoc  and  mourning.  These 
perfidious  associates  held  their  treasonable  meet- 
mffs  in  profound  secrecy,  and  adjusted  a  plan  so 
inhumaa  that  posterity  will  be  unable  to  read 
the  account  of  it  without  shuddering.  The  mem- 
bers of  the  Government,  the  magistrates,  the 
most  zealous  Americans,  and  even  European 
Spaniards,  friendly  to  independence,  were  to  be 
beheaded  on  the  scafibld.  Those  who  escaped, 
from  the  earnage  were  to  be  banished  from  their 
babitations,  to  make  room  for  Spaniards  from 
the  interior.  The  provinces,  these  assassins  ex- 
pected, would  speedily  be  subjugated  to  their  au- 
thority. Martin  de  Alzaga,  a  man  formed  by 
nature  for  crimes  of  this  sort,  had  the  direction 
and  ezecntioQ  of  this  atrocious  conspiracy  eon- 
fided  to  him.  For  the  sake  of  humanity,  the  tu- 
telar genius  of  the  country  defeated  the  plan  of 
these  conspirators.  At  the  very  instant  they 
were  issuing  forth  to  commence  the  work  of  dies- 
olation,  they  were  discovered  and  arrested  sword 
in  hand.  When  this  a&ir  became  public,  indig- 
nation could  be  read  in  every  countenance.  By 
the  assistance  of  the  citizens,  the  principal  crim- 
inals were  apprehended.  The  Government,  sub- 
jecting these  disturbers  of  the  public  peace  to 
the  utmost  rigor  of  the  law,  inflicted  on  those 
the  punishment  they  desi|rned  for  others. 

While  we  were  rejoicing  at  our  escape  from 
so  atrocious  a  plot,  we  were  still  apprehensive  of 
being  assailed  by  an  army  which,  considering 
our  weakness  as  part  of  its  strength,  menaced  us 
from  Jujuy  and  Salts.  Three  thousand  men, 
with  three  pieces  of  artillery,  commanded  by 
General  Don  Pio  de  Trestan,  a  native  of  Are- 
Quipa,  and  second  in  command  of  Goyeneobe, 
tell  uj^n  our  army  of  Tucuman,  amounting  to 
only  sixteen  hundred  soldiers;  the  greater  part 
of  them  heard  in  this  battle  for  the  first  time  the 
whistling  of  balls.  Only  the  most  daring  could 
hope  for  victory.  General  Belgiano,  who  united 
the  most  insinuating  sweetness  of  nunners  with 
the  most  rigid  justice,  possessing,  too,  the  art  of 
penetrating  the  designs  of  the  enemy  and  con- 
ceding his  own,  at  the  head  of  a  patriotic  band 
of  the  vicinity,  decided  the  fortune  of  the  day. 
Colonel  Don  Kaymond  Balearce  also  signalized 
himself;  where  the  battle  most  raged,  there  was 
he  to  be  found.  The  other  officers  also  entitled 
themselves  to  their  country's  gratitude.  As  if 
they  had  not  been  humbled  in  the  action  of  the 
24th  of  September,  the  enemy  offered  us  a  new 
insult  on  the  following  day.  Ck>nquered  as  they 
were,  without  nrtillery,  munitions,  or  baggage, 
they  dared  demand  the  surrender  of  a  town  to 
which  the  infantry  had  retired  with  part  of  the 
eavalrj.    The   Major   General    Don  Buitaeio 


Diaz  Veils,  who  commanded  there,  was  one  of 
those  men  who  live  only  for  their  country.  His 
energetic  reply  put  to  flight  the  hope  which 
the  enemies  were  silly  enough  to  indulge,  and 
forced  them  to  a  disorderiy  and  shameful  retreat. 

The  news  of  this  memorable  victory  reached 
the  capital  when  it  was  convulsed  by  a  new  com- 
motion. The  spirit  of  party  we  have  so  much 
lamented  on  every  change  in  the  Gh>vernmeot 
produced  some  disturbance.  In  this  state  of  things, 
says  an  elegant  observer,  no  one  grasped  the 
command  but  an  advemurer  destined  to  fall  by 
reason  of  bis  very  elevation. .  To  give  a  successor 
to  the  chief  of  the  Government,  whose  term  of 
service  expired,  the  assembly  met  and  clHMe  ENr. 
Don  Pedro  Medrano ;  a  popular  commotion  en- 
sued. The  consislorial^  assembly  reassumed  tim 
authorities  of  the  people ;  a  new  Cknrernment  was 
appointed,  composed  of  the  citizens  Don  ^nan 
Jo66  Paso.  Don  Nicholas  Pena,  and  Don  Antcoio 
Albares  Jonte,  and  was  recognised. 

Power  is  mere  nullity,  if  those  who  ought  lo 
obey  it  think  that  in  all  cases  they  have  a  nahtt 
to  Sit  in  judgment  upon  what  it  commaada.  TUa 
was  the  situation  of  the  State.  Instead  of  having 
recourse  to  the  energetic  measures  necessary 
to  support  Governments,  the  new  Government 
weakly  resorted  to  decrying  the  one  which  had 
been  subverted,  to  promising  ^reat  advantages 
from  the  subsisting  one.  It  believed  that  a  gen- 
eral assembly,  with  unlimited  powers,  wais  indis- 
pensably necessary  to  give  constitutional  const- 
ence  to  the  State,  and  summonses  were  issued 
for  this  purpose. 

This  step  being  taken,  it  turned  its  attention  to 
the  internal  and  external  security  of  the  State* 
The  European  Spaniards  had  not  taken  learning 
from  the  exemplary  chastisements  we  had  in- 
flicted upon  them.  More  obstinate  than  ever, 
they  confederated  again  for  our  destruction ;  the 
conspiracy  was  discovered,  five  of  the  traitovs 
were  execut^^  mmI  their  bodies  exposed  to  public 
view,  as  a  salutary  warning  to  rash  men. 

1813.— This  desperate  plot  orkioated  in  a  crim- 
inal combination  between  the  SJMiniards  resident 
in  Buenos  Ayies  and  Montevideo.  Terrified  by 
ihe  siM^  of  the  last-mentioned  place,  and  coaded 
by  prifie,  upon  Don  Manuel  Sarratea'swiiMraw- 
ittg  from  the  command,  terminated  that  quarrel, 
which,  the  impoteoned  source  of  a  thousand  evils, 
prevented  the  complete  reunion  of  the  OriCBlal 
troops  with  the  beeieging  army.  Tiie  beai^^, 
who  always  reuined  the  hope  of  profiting  bf  oar 
dtsoord,  were  filled  with  constcrnatian  by  the  da- 
feat  of  this  conspiracy.  Ever  obatanate,  they  re- 
peated their  salliesi  but  the  besiegers,  headed  by 
Boler,  Yillarino.  Terrado,  Cruz,  Ortigaena,  and 
French,  repellea  them  all. 

The  possession  of  Montevideo  was  important 
to  the  Spaaiarda  in  prosecuting  their  scfaliema  of 
subjugating  us.  Availing  thenuelves  of  thm 
marina,  they  infested  oar  coasts,  and  endeavotad 
ta recover  in  brutal  inroads  the  reputation  th«y 
had  lost  in  regaiar  campaigns.  With  the  ooail- 
dence  their  superiority  inspired,  thay  landed  two 
hundrad  aad  fiA|r  flMn  in  tlio  Tiaiaitf  «f  Baa 


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ABPSNDIZ. 


2012 


OowUium  of  South  Anmrica, 


Lorenzo.  They  speedily  perceived  that  they  bad 
landed  only  to  augment  their  roisfortanes.  At- 
tacked by  a  force  as  inferior  in  numbers  as  su- 
perior to  them  in  bravery,  by  General  San  Mar- 
tin, who,  contemning  death,  knew  how  to  win 
the  favors  of  inconstant  fortune,  they  were  com- 
pletely routed. 

This  victory  was  soon  followed  by  that  gained 
by  the  arms  of  the  country  over  the  army  of 
Tristan.  This  General,  fortified  in  the  city  of 
Salta,  perhaps  hoped  to  repair  hb  past  misfor- 
lones  by  future  success  in  hit  criminal  designs 
against  his  country.  The  conqueror  of  Tucuman 
sought  him  there  with  his  army,  filled  with  the 
enthusiaem  liberty  inspires.  The  signal  for  bat- 
tle was  giiren.  and  it  conliaued  for  three  hours 
sod  a  half.  The  combatants  availing  themselves 
■of  all  that  genius,  science,  valor,  nay  even  des- 
peration, could  contribute  to  victory,  we  at  last 
Mined  the  battle.  In  the  heat  of  the  fight  fidajor 
General  Diaz  Veiis  was  severely  wonmled,  but 
not  prjaing  so  much  a  prolongation  of  his  days  as 
to  risk  for  it  the  loss  of  the  battle,  he  concealed 
Jus  woasd,  and  remained  on  the  field  until,  his 
strength  entirely  failing  him,  he  was  forced  to 
retire.  In  this  action  General  Don  Martin  Rod- 
ligocz,  and  the  commandantes  de  divmon,  Don- 
ego,  8a  peri,  Pico,  Forest,  Alvarez,  Pedriel,  Zel- 
aga,  Balcarce,  Rodriguez,  Arivalo,  dbc,  were 
mach  distinguished.  General  Belgrano,  being 
strongly  urged  by  Tristan  and  his  troops  to  set 
them  at  liberty,  complied.  This  General,  doubt- 
less, thought  it  would  be  glorious  to  give  freedom 
to  men  who  had  endeavored  to  enslave  us,  and 
that  it  would  be  impolitic  to  let  slip  an  opportu- 
nity of  conquering  by  clemency  the  hearts  of 
thfiiee  whose  bodies  his  brave  troops  had  by  force 
anbdoed.  For  this,  and  other  generous  acts,  they 
made  a  base  return.  Freed  from  captivity,  they 
employed  in  seducing  the  people  the  time  they 
ought  to  have  devoted  to  proclaiming  our  gene- 
flosit^  and  manifesting  their  gratitude. 

Alter  the  victory  of  Salta,  the  tyrant  Qoje- 
neehe  fled  precipitately  to  Oruro,  thus  relieving 
from  suffering  Potosi,Chareas,  Coohabamha,  San- 
M  Craz  de  la  Sierra,  and  other  places.  The  fear 
this  defeat  inspired,  caused  htm  to  supplicate 
Cteneral  Belgrano  for  an  armistioe.  The  moder- 
ation 9(  this  officer,  which  no  success  could  affect, 
induced  him  to  grant  it ;  bat  the  perfidy  of  Goye- 
aeehe  soon  frostrated  it. 

Our  country  waa  now  advanced  by  rapid atridea 
to  iade|>endence';  we  were  led  to  think  so  from 
Ane  victories,  and  princi|Milly  beeauae  the  Na- 
tioaal  Assembly  was  organized  and  commenced 
its  acasion  on  the  3l8t  of  Jaouarr,  1813.  This 
body  thought  it  a  glariiig  inconsistency  for  the 
nation  to  make  such  sacrifices  for  liberty,  and 
atiil  to  shelter  slavery  in  its  bosom.  The  situa- 
tion of  the  country  not  permitting  thin  evil  to  be 
corrected  at  once,  this  assembly  declared  that, 
from  the  day  of  its  oreation,  all  children  of  slaves 
a^ould  be  born  free ;  and  thus,  in  part,  repairing 
the  kijary  committed  against  aaiore,  and  immor- 
taiianng  tu  btrtbday. 

h,  ikd  kaatf  no  leas  hoaar  ^f  the  ab^tion  of 


tribiUo  and  mila,  which  wete  odious  permissions 
to  commit  every  species  of  crime,  and  the  Aboli- 
tion of  which  had  been  decreed  in  1811.  These 
beneficent  measures  were  no  less  politic  than  just. 
The  Indians,  whose  services  we  needed,  were  thus 
conciliated. 

The  celebrated  victory  of  Salta  filled  with  sur- 
prise the  Viceroy  of  Lima,  and  made  bin  resort 
to  the  usual  measures  of  alarmed  despotism.  The 
General  Penzuela  took  the  command  of  the  array 
of  Goyeneche,  and,  with  a  reinforcement,  took  up 
his  headquarters  at  Oruro.  Pezuela  undoubtedlf 
possessed  militarjr  talents  far  superior  to  thoee  of 
Goyeneche,  and,  if  towns  which-had  ewom  to  be 
free  could  have  been  subdued,  he  would  have 
achieved  the  odious  victory. 

All  measures  preparatory  to  a  battle  between 
the  opposing  armies  were  taken.  The  vietotj 
gsrinea,  and  the  flame  kindled  by  the  spa^  of 
liberty  in  all  parts,  not  even  exoeptrog  Lima, pre- 
saged a  happy  issue  to  the  patriots.  But,  perhapt| 
to  give  us  lessons  of  moderatioa  and  f  rodenee, 
the  Almighty  decreed  that  we  sboold  lose  Che  bat- 
tles of  Vilcapugio  and  Hayouna.  Upper  Peiti 
was  thus  snatched  from  our  bands.  Pecnela  ex- 
tended his  conquests  even  to  Jujof  and  Salta, 
and  the  remnant  of  our  army  took  abeller  in  its 
former  place  of  refuge,  Tucuman. 

But  this  imprudent  contest  could  BOt  impede 
nature  in  her  course.  Our  felicity  was  the  off- 
spring of  reverses  which  corrected  our  ioezpe- 
rience.  From  this  fatal  moment  a  iieweatb«si- 
asm  for  the  country,  and  a  new  order  of  things 
gradually  e8tablished,^produced  the  happiest  ef- 
fects. The  Cochabambinos,  full  of  the  fury  dea- 
peration  inspires,  retiried  to  Valle-Grande.  Al- 
though one  of  the  reverses  incident  to  warfare 
had  tried  their  fortitude,  the  victory  of  Florida, 
gained  over  a  body  of  one  thousand  men,  by  Oea- 
eral  Warnes,  in  conjunction  with  his  Craeeeooe, 
checked  the  daring  march  of  our  forces.  The 
flame  was  rapidly  communicated,  fte  same 
Warnes  marched  to  Chiquitos,  where  he  abut 
himself  up  with  the  roval  troops.  Qeoetal  Ca- 
ma  rgo  defended  himself  in  Chayuita,  destroy  ad 
several  detached  parties,  and  preserved  the  pwwr- 
ince  from  the  detested  yoke.  Padilla  establisbed 
bis  headquarters  at  Yampamez,  routed  Taoon  ia 
many  encounters,  and  changed  the  aspeet  of  the 
enemy's  affairs.  The  Indians  made  ^reat  exer- 
tions to  prevent  the  yoke  from  whieh  they  had 
escaped  from  being  again  imaoaed  upontheoi, 
and  tasted  the  pore  pleasures  or  Itbeity. 

After  garrisoning  several  places  in  Pe»,  Pet- 
uela  brought  a  force  equal  to  what  he  left  there 
to  Jujuy  and  Salta.  Parties  ef  the  inbaMtaola 
under  the  orders  of  the  Captain  BnFavta,  and  of 
theadraoee  under  their  commandanieOiieniec, 
after  the  droves  of  horses  and  proriaiooe  had 
been  withdrawn  to  places  imeceesible  to  the 
enemy,  attacked  them  whenever  they  movad 
and  whererer  they  were  posted.  Those  ^  the 
enemy  who  improdentlv  left  the  main  body  f>f 
their  forees  were  instantly  made  prisoners  by  out 
parties.  Never  was  partisan  warfare  better  eou- 
dueted,  and  more  euoees^ul.    General  Pctu^ 


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^mu 


CkmUHon  ^  fourth  Amm^a, 


tftw  with  bUteiiMss  bis  Iturek  wMwr,  and,  to 
escape  the  ruin  whh  whieh  m  hslf-starr^d  anny 
menaced  him,  retreated,  first,  to  his-aocieat  posts, 
•ltd  then.  Ailed  with  appreheasion,  retired  to  Peru 
to  saeeor  there  the  terrified  royalists. 

He  misled  some  patriots  by  blandishmeots, 
ntace^and  pomtses,but  always,  distrttstiog  them, 
Slb^x  them  la  subaltera  statioos,  althoog^  the  im- 
vortaoee  of  their  servioes  entitled  them  to  the 
first  offiees.  One  of  these,  Don  Batoraio  Oastro, 
a  aatife  of  Salta,  whase  efforts  had  cost  his 
aamttry  dear,  felt  his  indignation  tedoubled  when 
lie  east  his  efes  upon  his  wounds,  and,  irovelled 
1^  wotinded  setf-iore,  bearkaned  to  the  salutary 
covnsals  of  raaaon.  In  this  state  of  mind,  he  de- 
^teattincd  to  atvoge  his  oomitry  himself,  by  a  plot 
-afiiast  the  spyrtsssrs. 

It  w«s  dtseotered,  its  avilior  arrested,  and  eon- 
•deaaad  to  death. 

Peziehi  was  ^jntteeesmrtly-erael  and  vifldieti?e. 
Bnthvalasm  for  the  country  daily  gained  grounds 
The  city  of  Cazco  at  least  sundered  ita  chainS| 
and  new  Pevnmn  heroes  ■  espoused  the  caase. 
^Fi■elo,  ihejweiMfro,  Dr.  Moneeas,  the  Kins's 
brigadier,  Pvmakiagiia,  and  Angulo,  joined  Ae 
Mtriots^  a«d  caused  an  alaiiast  ffeaaral  rerolution 
inpohlie  opinioii.    The  two  first  triumphed  at 
La  Paz,  hut  their  lires  and  those  of  their  troops 
wmremote  endangered  «fVer  the  ▼ictory  than  du- 
ffing the  battle.    The«aihttoiastie  Spaniards  con- 
>eeived  the  project  of  bamng  them  under  the 
Yvias  of  tbisir  lanrcls.    These  barbarians  had 
familiarned  themselves  with  every  species  of 
arime.    Thej  paisoned  the  sprinffs,  and  formed 
two  mines  lor  the  dettroe«ion  of  the  patriots. 
Their  foresight  was  not  snttcient  to  apprize  them 
of  the  horrors  that  environed  them.     One  of 
Ibeae  mines  exploded,  and  the  death  of  a  hun- 
dred and  fifty  persons  (some  say  three  hundred) 
wpaa  4he  xaeianeholy  Tesolt  ot   this  treachery. 
The  people,  who  eould  only  think  of  taking 
veagemsce  for  ibis  li»t  and  worst  of  their  at 
racitiaa,  put    to  the  sword  all  the  Spaniards, 
with  their  Oorernor,  Yaldehoyos.  In  recompense 
.far  the  riski  tbov  had  iaouifed,  these  brave  men 
'4aaaiv#i  to  ha -Ore  mrbftisrs  of  their  fortune.    But 
aha  is  bynatara  a  jilt,  who  denies  her  favors 
arbttt  «oat  netdad.    Pinelo  and  Munecas  left 
LaPiaflt.  awL  naitlng  at  Deaaguedero.  formed  a 
body  of  eight  hundred  men,  with  which  they 
jflfpoaed  the  fvoops  of  P«iuela,  who  marched  in 
•fMsott  of  tbtm ;  battle  was  given,  and  the  enemy 
^Ticiwions,  by  reason  of  superiority  of  nnm- 


The lodiao  Pamakaguamarched upon  Areqoi- 
pa,4bmt  noMaeUy  wbieh,«tifling^its  feelings,  was 
'Mslarad.  With  toanty  eearage  he  qirickly  en- 
gaged an  aray  of  more  than  a  thousand  men, 
roatcd  it,  aaok  prisoner  Its  chief,  Picoaga,  the 
<GoTanior,'Mosea2o,andIjavalle,  who,  being  con- 
daeitd  to  Cosco,  were  pot  to  death.  More  than 
Jwt>  himdred  Spaniards  were  sacrificed  to  a  just 
iiMNgi**lien.  The  violor  was  compelled  to  march 
to  CoKco,  by  the  defeat  of  Pinelo  and  Munecas. 
RaoiirfZ,  a  name  that  will  be  eternally  infamous, 
fttrsead  the  patrioca  fbrloosly.    The  retreat  of 


Pomaka(^na  left  the  passage  to  Arequipa  open  to 
the  royalist:^,  and  afforded  an  opportunity  to  re- 
peat the  enormities  perpetrated  at  La  Paz. 

Another  of  the  Angnlos  bad  displayed  his  ener- 
gy at  Guamanga,  routinj^  four  hundred  Talebe- 
rinos,  detachea  by  the  Viceroy  of  Lima ;  but  the 
capture  of  Arequipa  by  Rsmirez  called  hie  atten- 
tion to  Cuzco.  This  great  qxxj  was  a  prey  to 
disorder ;  nothing  could  support  its  wretcned  ex- 
istence; there  the  three  Atigulos  were  beheaded, 
and  their  head«  carried  upon  a  pike  to  Sicuaaia. 

A  reform  of  the  Gfovernment,  reducing  it  torn 
single  Director  of  the  State,  in  the  person  of  the 
citizen  Don  Gkrvasio  Posadas,  placed  in  the  cap- 
iul  great  obstacles  to  the  vibrations  of  the  pas- 
sions. Titus  Livius  observes  that  Rome  would 
have  perisbed,  if,  from  a  premature  love  of  Lib- 
erty, it  had  in  its  infancy  abolished  regal  power.  . 
The  public  authority  was  strengthened  oy  the 
politic,  measure  of  trusting  the  afiairs  of  the  State 
to  the  activity  of  a  aingle  indtvidtial. 

Oi^r  Oriental  army  rendered  itaelf  nrore  re- 
spectable by  a  stroke  which  proved  its  vigilanoe 
and  he  firmness.  The  S^niards  of  Montevideti, 
losiiig  the  hope  of  advancing  their  cause  by  open 
warfare,  had  recourse  to  assassination.  A  con- 
spiracy of  their  a^rents  was  discovered  in  our 
camp,  and  the  traitors  sacrificed  to  the  public 
security. 

ISU.^But  this  unfortunate  discovery  did  not 
free  the  State  firam  all  peril,  for  in  its  bosom  m 
storm  was  brewing,  and  ready  to  burst.  General 
Artigas,  that  singiilar  man,  who  united  to  ex-  , 
treme  sensibility  the  appearance  of  coldness ;  a 
most  insinuating  urbanity  to  decent  gravity;  a 
daring  frankness  to  courtesy ;  an  exalted  patriot- 
ism, to  a  fidelity  at  times  suspicious ;  the  lan- 
guage of  peace,  to  a  native  inclination  to  dis- 
cord;  in  nne,  a  lively  love  of  independence,  to 
most  extravagant  notions  as  to  the  mode  of 
achieving  it;  this  man,  we  say,  disgusted  with 
the  Government,  because  it  bestowed  re wacds 
upon  those  he  expected  to  see  chastised,  had  al- 
ready sowed  the  seeds  of  civil  war  among  the 
troops.  His  great  ascendancy  over  the  Orientals 
compelled  them  either  to  seek  his  amity  or  to 
tremble  at  his  enmity.  Those  citizens  who  loved 
order,  labored  with  zeal  aad  dexterity  to  extin- 
guish a  fiama  menacing  ruin  to  the  State.  This 
end  appeared  to  be  obtained  byian  Oriental  Con- 
greas,  which  General  Rondeau  convened  in  the 
name  of  the  Government,  for  the  purpose  of  nom- 
inating deputies  for  a  National  Congress,  and  a 
provincial  Cfovernor.  All  was  on  the  eve  of  bo- 
ittg  verified  when  General  Arttm,  as  Chief  df 
the  Orientals,  commanded,  in  the  name  of  the 
same  Chyvemment,  that  the  electors  should  pre- 
sent themselves  at  his  headquartere,  in  order  to 
receive  instructions  from  him.  This  proceeding, 
so  strongly  savoring  of  despotism,  offended  ercry 
one.  The  Electors  assembled  in  the  chapel  of 
Maciel.  and  fulfilled  their  trust.  The  real  dispo- 
sition of  General  Artigas  then  discoverinff  itself, 
he  annulled  the  Congress,  thusassumtog  absolute 
power,  fiut  this  daring  measure  had  no  effect 
upon  what  this  body  had  done ;  the  salectioa  of 


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depoties  uid.m  goycmor  was  celebrated  iq  all  the 
encampmeots,  aod  the  last  named  officer  began 
to  exercise  his  fanctions.  General  Artigas  viewed 
these  measures  with  a  haired  lively  as  dissem- 
bled, and  prepared  to  avenge  himself.  Under  va- 
rious pretexts  he  withdrew  from  his  country,  and 
at  last,  in  the  ^arb  of  a  countryman,  deserted  his 
post,  thus  leaving  exposed  the  right  of  our  line. 
This  rash  proceeding  made  it  apparent  that  he 
preferred  his  own  interests  to  those  of  his  coun- 
try ',  but  many  officers,  and  others  of  the  Orient- 
als, did  not  follow  this  pernicious  example. 

It  is  not  easy  to  conceive  the  terrible  confusion 
into  which  this  event  threw  the  besiegers.  Three 
times  orderM  were  given  to  raise  the  siege,  and 
as  often  they  were  revoked,  so  great  were  the 
evils  on  each  side;  at  last  the  encampments  were 
abandoned,  with  incalculable  loss  and  unuttera- 
ble grief.  The  enemy,  upon  discovering  this, 
were  filled  with  surprise,  though  they  did  not 
abandon  themselves  to  immoderate  joy,  because 
they  feared  it  might  be  a  feint ;  but  the  people, 
less  cautious,  hurried  away  by  the  desire  to 
breathe  fresh  air,  went  in  crowds  without  the 
walls.  From  proper  foresight,  the  redoubts  of 
our  advanced  parties  had  not  been  abandoned; 
French,  officer  of  the  day,  ordered  a  most  unex- 
pected discharge  of  cannon,  which  made  the  ene- 
my attribute  to  stratagem  what  resulted,  in  truth, 
from  our  weakness.  The  terror  this  created  in 
the  city  prevented  sallies  being  made. 

This  advantage,  combined  with  the  lucky  ar- 
rival, on  the  same  day,  of  supplies,  and  the  cpn- 
solatory  information  that  a  small  squadron  was 
equipping  to  transport  a  reinforcement,  changed 
the  appearance  of  things.  The  public  mind  was 
tranquil ized ;  the  fugitives  returned  in  parties; 
the  people  of  the  vicinity  tendered  their  assist- 
ance, and  General  Rondeau  knew  how  to  profit 
by  these  inestimable  advantages;  the  siege  was 
renewed  more  efficiently  than  it  ever  had  been. 

The  Director,  Posadas,  viewed  the  desertion  of 
General  Artigas  with  a  hatred  carried  beyond  the 
bounds  of  prudence.  Taking  counsel  from  his 
anger,  he  thought  that  justice  should  take  its 
course.  By  a  solemn  decree,  he  declared  him 
infamous,  deprived  of  his  offices,  and  an  outlaw, 
and  incited  the  people  to  pursue  him^  as  a  duty 
they  owed  the  country;  in  fiae.  believing  that  he 
could  stifle  rebellion  in  the  blood  of  the  rebel 
chief,  he  set  a  price  upon  his  head,  offering  six 
thousand  dollars  to  whoever  would  bring  him  in, 
alive  or  dead.  Experience  has  shown  that  mod- 
eration would  have  been  far  wiser  than  this  vio- 
lence. The  Director  took  a  wrong  course ;  whe- 
ther Artigas  was  as  guilty  as  he  thought  him, 
the  reader  can  decide.  But  even  if  be  was  so, 
what  other  effect  could  impotent  ri|;or  produce, 
than  contempt  of  authority  and  obstinacy  in  the 
delinquent  1  Even  this  was  not  all.  The  Ori- 
entals had  enthroned  Artigas  in  their  hearts;  as 
that  which  is  abhorred  is  deemed  alwajrs  to  be 
in  the  wrong,  the  very  proofs  upon  which  the 
Director  founded  his  decree  were,  with  the  par- 
tisaqs  of  Artigas,  so  many  evidences  of  his  inno- 
cence.   This  proscrij;>tion  became  that  of  a  vast 


district,  and  reconciliation  almost  imtwsatble. 
God  grant! that  we  may  not  see  this  sad  trolh 
perpetuated  I 

The  army  of  the  capital  and  the  naval  fovee 
of  the  country  were  at  this  time  considerably 
augmented.  The  troops  demanded  to  be  led  to 
battle;  the  fleet  panted  to  dispute  with  the  ene- 
my the  command  of  the  river ;  in  short,  the  for- 
tune of  war  gave  us  decisive  successes.  Two 
men,  with  all  the  talents  required  by  the  ends  for 
which  they  were  destined,  the  Secretary  Larrea 
and  Colonel  Alvear,  being  substituted  tor  Gene- 
ral Rondeau,  concerted  the  capture  of  Montevi- 
deo, and  all  obstacles  yielded  to  their  activity 
and  the  accuracy  of  their  calculations.  A  naval 
battle,  in  which  Brown  commanded  oar  thipa, 
and  defeated  shamefully  the  Spaniards,  who  were 
stronger  in  vessels  than  we^  made  us  masters  of 
the  port.  To  give  the  finishing  stroke  to  ih^ 
mistortunes,  Montevideo  shortly  after  yielded, 
notwithstanding  a  criminal  correspondence  be- 
tween Yigodet  and  the  patriot  Torfuez.  Thus 
was  despotism  deprived  of  its  strongbold. 

Our  Peruvian  army  was  now  eommaDiied  bw 
General  Rondeau,  who,  having  sustained  with 
credit  the  siege  of  Montevideo,  had  not  the  glocy 
of  triumphing  over  it.  The  Government  trana- 
ferred  the  command  of  this  army  from  hioa  to 
the  conqueror  of  Montevideo.  It  is  certain  that 
Alvear  united  all  the  qoalitiee  of  a  warrior,  and 
possessed  a  military  experience,  which  he  owed 
more  to  genius  than  to  years.  But  this  change 
of  command  was  viewed  by  the  chief  of  this 
army  as  the  measure  of  a  policy  without  fore- 
thought, and  an  ambition  without  limit.  Some- 
thing further  contributed  to  render  it  odious,  and 
this  was  the  alarming  suspicion  that  the  country 
was  about  to  be  shamefully  betrayed  by  treache- 
ry. This  suspicion  was  countenanced  by  the 
anticipated  mission  of  Don  Ventura  Vasqoes, 
confidential  officer  of  the  Government,  to  place 
in  the  hands  of  Pezuela  certain  letters;  htsexela- 
sive  nomination  to  treat  with  this  enemy;  the 
sending  commissioners  to  the  Spanish  Court; 
aod  the  appointment  of  aew  officers  in  this  army. 
The  public  mind  was  thus  distracted  with  doabia 
and  apprehensions,  when  General  Rondeaa  ab- 
dicated the  command ;  notwithstanding  whidi, 
his  subalterns  coaleeoed,  the  regiments  coaledef- 
aied,  and  Alvear  was  not  admitted. 

This  event  was  foreeeen.  A  general  disgvat 
portended  and  precipitated  it*  It  has  often  haf- 
pened  that  people  have  refoeed  to  eobmit  to  d«a- 
potism,  and  not  known  how  to  use  liberty.  The 
General,  thus  rejected  by  the  army,  returned  to 
the  capital,  and  was  created  Director.  Thb  ioi- 
politic  act  challenged  hatred  where  there  was 
already  sufficient  to  incite  to  vengeance. 

This  election  caused  an  almost  universal  mur- 
mur, which  presa^dimfMrtantmovemeota.  Tbe 
reasons  assigned  in  justification  of  this  diasatii- 
faction  were,  that  the  army  of  Peru  not  being 
able  to  obey  as  Supreme  Director  one  whom  they 
had  refused  to  recognise  as  their  chief,  all  tke 
terrible  effects  of  anarchy  were  about  to  be  ex- 
perienced ;  that  the  capital  and  other  parts  of  the 


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APPENDIX. 


2«18 


Condaion  of  South  America. 


ooantry  felt  too  maeh  aaimosity  agaiDst  the  par- 
ty to  which  the  Director  owed  his  elevation,  to 
lecogaise  him  without  discontent;  and  that,  un- 
der protection  of  the  army  of  Peru  and  General 
Artigas,  they  might  dissolve  an  assembly  dis- 
graced by  intrigue,  in  their  opinion,  and  prostrate 
an  idol  to  which  the  toneue  paid  homage,  the 
heart  disavowed;  in  fine,  that  the  recollection  of 
those  acts  by  which  the  province  deemed  them- 
selves outraged,  might  induce  them  to  push  re- 
sentment further  than  they  ought. 

»These  apprehensions  were,  in  a  great  measure, 
realized.  The  army  of  Peru  refused  obedience 
to  the  new  Director.  Cordova,  listening  more 
to  anger  than  to  prudence,  preferred  danger  to 
ignominy,  and  withdrew  from  its  connexion  wi|h 
the  capital.  Santa  Fe,  counting  more  upon  its 
courage  than  strength^  adhered  to  the  system  of 
independence  it  had  adopted  since  the  troops  of 
Artigas  had  invaded  it. 

Tht  situation  of  the  arm^  of  Peru  was  critical 
and  dangerous.  The  anxiety  which  beffan  to 
prevail  as  to  the  consequences  of  these  dissen- 
sions; desertion  veiled  under  the  shadow  of  a 
new  Government ;  succors  withdrawn ;  in  fine, 
the  unfortunate  action  of  Tejar,  multiplied  cares, 
and  alarmed  the  imagination.  Nevertheless, 
General  Rondeau  did  not  lose  his  natural  equa- 
nimity. He  knew  how  to  make  the  discontented 
hearken  to  reason,  and  to  give  a  favorable  be- 
ginning to  an  enterpsise.  Putting  his  army  in 
motion,  he  opened  an  entrance  into  Peru,  by  the 
victories  of  Fuesto  Grande  and  Mocbara. 

1816. — The  new  Director  perceived  the  cloud 
that  had  gathered  over  his  head,  and  hastened  to 
use  all  eipedients  in  his  power  to  avert  it.  Con- 
Tinoed  that  hope  and  fear  are  the  great  exciting 
principles  of  human  actions,  he  endeavored  to 
operate  upon  the  first  by  rewards,  upon  the  other 
bjr  chastisements.  These  instruments  failed  in 
his  hands.  The  tragical  death  of  the  unfortunate 
tJbeda,  on  one  of  the  most  solemn  days  of  wor- 
ship, caused  less  terror  than  indignation;  and 
the  triumph  over  the  Cabildo  of  the  capital,  by 
compelling  it  to  subscribe  an  odious  proclamation 
against  General  Artigas,  served  only  to  make  it 
resolve  to  prolong  its  existence  in  spite  of  this 
usage. 

Oil  th«  eve  of  a  political  diaerganization  the 
Direetor  marehed  the  veteran*  |roopa  to  subject 
tha  towns  to  a  defeated  yoke.  But  the  chief  of 
Ike  vanffoard^  Don  Ignacia  Alvarez,  with  three 
hnodred  and  fifty  men  under  his  command, 
aakamed  of  being  the  instrument  of  his  exalta- 
tion and  vengeance,  declared  in  fitvor  of  these  he 
was  sent  to  attaek,  and  arrested  the  suspected 
officers,  among  whom  was  Qenecal  Yiana,  who 
mate  to  take  the  command.  He  encamped^  and 
was  joined  by  several  detachments  from  Mendo- 
za.  The  Director,  surrounded  in  his  encamp- 
ment, put  into  pla^  whatever  could  contribute  to 
save  him  in  so  critical  a  situation,  but  in  vain ; 
for  fortune  had  determined  to  put  an  end  te  his 
glory  and  prosperity.  The  Cabildo  of  Buenos 
Ayres,  instructed  by  Alvarez,  and  called  by  gen- 
eral acclaoution  to  the  commaad,  assoned  it. 
15th  Cov.  I8i  Ss88.— 64 


The  civieos,  with  many  officers  of  distinction, 
rallied  around  it  as  its  protectors.  So  many  ok- 
stacks  filled^the  Director  with  despair.  At  last 
he  yielded,  and,  cast  out  of  his  country,  was 
forced  to  beg  an  asylum  in  a  foreign  land.  This 
cable  being  broken,  the  national  assembly,  with 
its  system  of  favoritism  and  peculation,  was  in- 
volved in  ruin.  Ail,  even  the  Orientals,  irrecon- 
cilable enemies  of  the  capital,  applauded  a  suc- 
cess which  appeared  to  be  the  beginning  of  order. 

In  order  to  give  a  successor  to  the  deposed 
Director,  a  body  of  electors  was  constituted,  who 
chose  General  Rondeau  chief  of  the  army  of 
Peru,  and  named  as  his  deputy  Colonel  Alvarez, 
who  took  the  lead  in  the  recent  subversion  of 
Alvear's  authority. 

His  election  would  not  have  secured  the  pub- 
lic tranquillity  if  the  causes  which  disturbed  U 
had  not  been  removed.  It  was  perceived  that 
heretofore  the  Executive,  availing  itself  of  the 
distractions  or  patience  of  the  people,  had  grad- 
ually rendered  itself  absolute.  Reason  required 
that  this  power  should  be  balanced  by  another. 
Therefore,  a  provisional  statute  Was  formed,  and 
a  Junta  of  Observation  erected,  to  watch  the 
punctual  fulfilment  of  this  law,  to  cry  out  against 
the  least  infraction,  and  to  resist  everything  pre- 
judicial to  the  general  good.  It  was  to  be  re- 
gretted that  this  statute  gave  more  liberty  than 
was  compatible  with  the  public  good ;  but  we 
had  just  escaped  from  one  of  those  cruel  situa- 
tions in  which  the  excesses  of  oppression  prevent 
us  from  seeing  those  of  its  relief.  A  system  of 
distrust  and  restriction  made  authority  a  mere 
political  skeleton.  We  shall  see  the  disorders 
which  arose  in  consequence. 

One  of  the  earliest  advantages  expected  to  re- 
sult from  this  new  order  of  things  was  the  re- 
establishment  of  that  fraternal  union  with  the 
Orientals,  the  rupture  of  which  had  cost  the  coun- 
try so  many  tears.  The  Cabildo  of  Buenos  Ayres, 
regarding  with  indignation  the  proclamation  Ai- 
vear  had  extorted  from  them,  commanded  it  lo 
be  burned  by  the  common  executioner  in  the* 
Plaza  de  Victoria.  The  Government  also  sub- 
stituted moderation  for  the  ancient  system;  and 
if  the  Orientals,  with  their  chief,  had  been  capa- 
ble of  perceiving  the  greatest  enemy  of  the  coun- 
try and  themsdves  to  be  annrchy,  doubtless  a 
reconciliation  would  have  been  effected.  But 
experience  has  shown  that  they  had  determined 
to  bury  themselves  in  an  abyss  of  evils  rather 
than  yield.  Without  doubt,  too,  General  Artigas 
believed  that  a  calm  would  diminish  the  author- 
ity with  which  he  had  been  invested  in  tempes- 
tuous times.  , 

The  Government,  fearful  of  seeing  civil  war 
propagated  in  the  centre  of  the  neiffhboring  prov- 
inces, marched  troops  to  Santa  Fe,  under  the 
command  of  Dun  Juan  Jose  Viamont.  This  city 
was  a  key  with  which  General  Artigas  opened 
at  pleasure  the  door  to  his  seditious  communica- 
tions, in  order  to  remove  the  distrust,  and  to 
prevent  the  opposition  of  those  in  the  vicinity  of 
this  city,  ihe  deputy  Director  promised  them  per- 
fect liberty,  and  that  the  troops  should  notmfddle 


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thuMuMH^-'Smi^  Ameriea. 


wilk  tlieir  domesn'e  affiiirs.  Tbe  dMtth  of  tbe 
Governor,  Candioti,  prodaced  %iHMh  disorder. 
Contradietory  pretensions,  w^ll  or  ill-foonded| 
mcrimonions  deoates,  stratag^tts  inseparable  from 
party,  all  attended  the  seii^on  of  the  Lieutenant 
Qorernor,  Don  Joan  Francisco  Tarragona.  Tbe 
•ity  of  Santa  Fe  was  laach  incensed  at  this  ap- 
^iotatnt.  What  resulted  from  it  will  be  seen. 
Gtierred  1 1^  melancholy  posture  of  aflkirs  In 
tlliB«c<tkii  «f  the  country,  we  were  consoled  by 
yliiBing  prospects  in  Peru ;  we  will  gire  briefl^ 
tba  printipal  ideas  of  Qeneral  Rondeau's  mam- 
fesis.  Pevaela,  filled  with  consternation,  aban- 
4oiifd  his  positions,  and  retreated  to  the  neigh- 
botlwod  of  Oruro.  The  desertion  of  his  soldiers, 
and  the  difficulty  of  subsisting  those  that  remained, 
umpunccd  his  weakness.  Our  troops  improred 
in  lumbers,  in  arms,  and  discipline.  The  insur- 
NOtion  of  La  Costa  bjr  Penaranda  and  Reyes  $ 
the  approach  of  Dr.  Maneeas;  the  state  of  (er« 
ttMitation  in  which  all  the  profinees  were ;  the 
•Ms^m  their  march  from  ihe  capital—all  indl- 
wted  a  prosperous  warfare. 

It  wms  necessary  that  the  chance  of  arms  should 
be  aoowtlmes  inconoCant  as  the  throw  of  dice,  to 
give  the  melancholy  shading  of  misfortune  to  this 
picture.  Onr  reverses  cemmeaeed  with  the  bat- 
lie  of  Tenu  y  Media,  where  a  party  of  the  ene- 
my, attacking  Brigadier  Rodriguez,  were,  most 
«oetpectedly,  successfnl.  This  event  seemed  to 
give  Its  character  and  color  to  the  succeeding 
ones.  The  active  Pezoda  fell  upon  our«rmy 
with  the  rapidity  of  lightning.  To  avoid  the 
encounter.  General  RoiHieau  removed  his  camp 
to  a  rocky  situation,  remote  from  Cocbabamba. 
Here  the  enemy  sought  him,  filled  with  the  bold- 
ness success  inspires.  Battle  being  inevitable. 
Rondeau  took  post  at  Sipisipi,  forming  a  camp 
according  to  military  rules.  Hostilities  com- 
menced. The  enemy  would  not  have  had  much 
causa  for  boasting,  if  fortune,  which  a  general 
cannot  command,  had  not  favored  his  cause.  His 
left  wing  outfianked,  his  right  wing  almost  routed, 
his  centre  almost  destroyed  by  our  artillerv; 
suah,  said  Rondeau,  was  the  slate  of  the  battle, 
when  «  series  of  inacMpicious  occurrences  gave 
At  victory  to  the  foe,  and  deprived  us  of  glory 
and  of  hope. 

The  yictorv  of  Sipisipi,  by  turning  the  brain 
of  Pezuela,  advanced  the  cause  of  liMrty.  Onr 
•ifaatlon  was  not  so  disastrous  as  that  of  the 
United  Provinces  of  Holland,  when  they  caused 
themselves  to  be  represented  under  the  image  of 
a  ahip,  without  sails  and  without  rudder,  at  the 
mercy  of  fhe  waves,  with  this  Latin  inscription, 
ineertum  quo  fata  ferant.  General  Rondeau 
placed  bis  neadqnarters  at  Tupiza,  with  the  rem- 
nant of  his  army,  and  endeavored  to  reorganize 
it.  Onr  Government,  as  if  foreseeing  the  unfor- 
tunate issue  of  the  battle,  had  sent  forward  troops, 
arms,  and  munitions ;  nor  were  the  towns  of  the 
Union,  at  this  distressful  period,  backward  in 
extending  assistance.  The  brave  Camargo,  La 
Medria,  Padilla,  Warnes,  and  Munecas,  by  rapid 
tneursjons, showed  that  the  cause  of  liberty  would 
pwvall  in  spite  of  our  misfortunes. 


The  acces^on  of  strength  our  cause  seemed  to 
gain,  even  by  reverses,  ought  to  have  made  Pe- 
zuela see  that  his  hopes  of  re>^e8tabli8lmg  des- 
potism were  chimerical ;  but  he  still  eheriihed 
the  delusion.  He  dirolayed  his  Inhumanity  by 
atrocious  violations  or  his  prisoners'  rifftits,  ap- 
pearing to  think  that  to  become  a  rebel  was  to 
cease  to  be  a  aoan,  and  to  forfeit  all  claims  to 
justice  and  to  compassion.  Even  that  aex^  re- 
garded with  come  respect  by  the  most  abandoned, 
was  not  exempt  fWmi  his  rage.  Many  women, 
among  them  the  most  eircwnspect  matrons,  were 
banished,  or  immured  in  dang^ns. 

The  dangers  which  menaced  the  political  ex- 
istence of  tbe  country  demanded  an  Bzeentire 
sufficiently  energetic  to  tttalntain  order  and  to 
triumph  over  the  enemy.  Unfbrtunatdy,  the 
provisional  statute  had  too  much  curtailed  (he 
Executive  power.  It  was  embarrassed  by  so  many 
restrictions  as  to  be  prevented  often  ftrom  avmllittg 
itself  of  eireumstances  upon  which  soeeess  de- 
pends, and  which  must  be  seized  the  instant  they 
present  themselves,  or  the  opportunity  is  fbrevar 
lost.  In  a  situation  so  tfrltieal,  the  Birtckfr  Ai- 
plmUe  appealed  to  tbe  sovereign  people,  and  asked 
for  a  reform  of  the  constitution.  The  capital, 
always  docile  and  provident,  when  not  misled  by 
designing  men,  actuated  by  that  prudence  whidi 
dictates  pacific  measures,  approved  ttte  proposed 
change,  and  by  direct  vote  appointed  raormers 
of  the  constitution. 

One  of  tbe  most  urgent  objects  which  claimed 
the  attention  of  Government  was  the  city  of 
Santa  Fe.  Tbe  disgust  with  which  t^iis  city  saw 
itself  governed  by  a  lieutenant  governor  it  ab- 
horred, tbe  exile  of  many  reputable  citizens,  the 
suggestions  of  tbe  Oriental  chief,  all  conduced  to 
some  violent  measure.  Tbe  inhabitants  rising 
in  mass  under  tbe  citizen  Don  Mericana  Vera, 
and  aided  by  tbe  troops  of  Baxada.  civil  war  com- 
menced. General  via  moot  was  attacked  by  the 
disaffected  with  all  the  fury  that  marks  insurrec- 
tions, and,  after  bloody  contests,  capitulated.  We 
know  not  why  the  capitulation  was  not  fulfilled. 
Cordova  adhered  to  its  system  of  independence. 
La  Rioja  imitated  Ito  example,  and  the  other 
cities  became  more  or  less  anarchicaL 

1816.— All  desired  a  tutekry  powtr,  which, 
being  the  enature  of  the  people,  aiiaakl  bo  mm 
getic  enough  to  reader  the  lawi  veapoctad.  This 
authority  conld  only  be  detivad  from  feptaieaia- 
tivea  of  the  people.  The  ptoi|iie,  coniriooedof 
tha  neaessity  of  the  change^  eleatad  ihtm,  imd  a 
sovefeian  CiMigreaB  was  opened  at  TuiUMan  an 
the  JKth  March,  1816.  Its  priavipal  tm»  wnt  to 
select  a  Director  who  would  dmw^aloeely  tha  awd 
of  union,  and  direct  the  efforts  of  all  to  tbair  ^ar- 

*  Among  many  others,  Dont  Antonio  Paredei^  Bo- 
na Juste  Yarelt,  I>ont  Felipa  Barrientes,  ladies  of  the 
Se  of  nineteen ;  Dont  Teresa  Bustos,  the  two  oSstete 
•laiias,  and  Dont  Btrbtn  Certllos,  were  imprisoned ; 
Dont  Teresa  perished  in  prison ;  Dona  Bsmra  was 
banished  to  Oruro,  being  forced  to  abandon  nine  la- 
iant  ehydrsn;  the  MahriM  were  also  banished. 


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OtmdUUm  of  Skm^  Awterica. 


ling  object— iftd^peodeiice.  Doa  Jaan  Martin 
PaeyrredOD  was  chosea  director. 

With  mmuY,  the  most  deniraUe  obiect  iras  to  ob- 
taiD  a  momeot  of  ealiD,dttriiiff  whieh  i^e  eupreme 
aathority  might  be  astigoed  to  able  hands.  It 
was,  howe?er.  at  the  tott  moment  that  the  Na- 
tional Congress  was  deliberating  on  this  matter 
that  the  tempest  was  heard  to  roar  with  the  most 
▼io&eace. 

In  eoBse^eaee  of  the  resi^natioa  of  the  direc- 
torship md  nOerim  by  Colonel  Alrasez,  the  Junta 
aC  Obaerration,  in  eonjonction  with  the  Cabildo 
of  the  capital,  elevmted  migtdier  G«ieral  Antonia 
Bakaree  to  chat  statiim  as  his  snccessor.  This 
remedy  was  momentary.  The  AMasare  was  by 
so  means  in  ooneaaanee  with  the  wishes  of  the 
.  people}  and,  by  a  kind  of  fatality  which  often 
^presides  orer  ereots^  it  was  not  long  before  an 
exidoeion  was  prodaeed  among  materiab  so  well 
prepared.  The  eleeters  and  elected  were  soon 
disooFored  figuring  together  en  the  theatre  of 
discord. 

In  ihfr  meanwhile,  the  new  Director  ad  vOmm 
osed  efery  exertion  to  destro?  the  seeds  of  dis- 
cord, whicn  had  already  produced  so  mueh  ill 
blood  between  the  Orientals  and  the  capital,  and 
to  render  all  parties  sensible  of  the  adrantages 
of  liTing  under  the  same  law.  Although  the 
first  attempt  made  by  him  for  this  laudable  pur- 
pose.  promised  a  fa?orable  result,  erery  means 
were  found  in  the  end  unarailing  to  bring  about 
A  reconciliation. 

This  discord  had  been  propagated  ia  the  man- 
ner of  a  contagion ;  and  the  remedies  apjdied  to 
restrain  iu  devastations  were  found  to  possess  no 
efficacy.  The  city  of  Santa  Fe,*  although  just 
escaped  from  a  bloody  contest,  and  threatened  by 
dangers  of  a  more  serious  nature,  still  pursued  its 
peculiar  ideas  of  independence,  with  what  may 
more  properly  be  called  obstinacy  than  constancy. 

Cordora,  always  deroted  to  the  maxims  of 
federalism,  notwithstanding  her  having  sent  dep- 
uties to  the  General  Congress^  considered  her  ab- 
solute submission  to  the  capitel  as  unworthy  a 
free  |feople»  and  still  cherished  the  idea  of  this 
auhmission  being  temporary. 

The  other  provinces,  according  to  their  respec- 
tive situations  and  characters,  expressed  more  or 
leas  their  dislike  to  what  they  considered  a  species 
•ofsobjeetioB. 

The  causes  of  this  political  pheaomenon,  if 
nought  for,  will  not  be  difficult  to  be  found.  The 
opinion  most  prevalent  in  the  pfovinces  was  de- 
cidedly in  favor  of  the  federative  system,  and 
which  they  were  deaifotts  of  seeing  realized,  even 
in  antieipation  of  all  the  essential  and  first  objects 
of  their  new  caseer.  It  had  been  the  darling 
wish  of  the  provinces,  aluMst  from  the  commenee- 
meat  of  the  revolution;  one  which  had  still 
greater  charms  for  them,  since  they  had  seen  it 
realized  with  so  much  glory,  in  the  United  States 
of  North  America.  For  the  present,  however, 
the  governments,  the  capital,  and  not  a  few  of 

*  (ilm—1  Diss  Velis,  with  a  body  of  trsops,  was 
\  at  9aa  Nicolas. 


the  more  intelligent  citizens,  were  oppoeed  to 
this  idea.  Each  of  these  parties  supported  iu 
opinion  by  weighty  reasons.  From  the  statement 
of  those  I  am  about  to  mdce,  the  enlightened 
reader  may  judge  between  them. 

Those  in  favor  of  the  Government  already 
established  were  of  opinion  that  the  federative 
system  could  not  be  ^gally  aobstimied  until 
sanetioned  by  a  general  Congress;  assuming  it 
as  a  nrincipCe  that  the  constitution  of  a  Slate 
should  receive  its  existence  from  the  handu  of  tiie 
nation  itself,  and  not  from  partial  conounence 
and  unconnected  acts;  that,  when  the  naiiott 
first  regained  its  liberty,  and  all  the  pioriBce* 
were  united  under  the  same  GtoteraaMnt,  the 
present  was  the  form  whieh  they  adapted,  and 
under  this  form  it  was  that  the  ezistenee  of  the 
Rqmblic  had  been  preserved  in  the  aiidst  of  Uie 
most  trsing  disasters ;  that,  until  mil  the  provinees 
could  be  again  united-^-a  thing  by  no  meaiia 
hopeless— it  woidd  be  improper  to  deviate  further 
than  wasabsolntelT  uiiaveidsbie  from^hat  had 
before  existed ;  and  that,  at  mil  events,  if  the  pre- 
ponderanee  of  the  capital  was  an  evil,  it  was  one 
which  would  soon  be  corrected,  when  the  pie- 
pottderance  ceased  to  be  neccasary  to  the  common 
safety.  Further  reasons,  derived  from  views  of 
policy,  were  added.  According  to  the  Meittllve 
system,  said  they,  each  State  is  sovereign  and 
independent  as  respecu  the  rest ;  each  majr  pos- 
sess, and  in  reality  does  possess,  separate  inter* 
eats;  it  is  therefore  to  be  foared  that  each  will 
radier  seek  what  it  may  conceive  to  be  its  own 
interest  than  the  imerest  which  iscomuMmto  all, 
and,  in  consequence  of  this  egotism  and  mispla- 
ced jealoQsv,  be  involved  in  a  common  rain ;  wit, 
in  the  miost  of  the  alarming  dangers  which 
threaten  this  newborn  State,  the  necessity  of  a 
complete  union  of  all  the  parts,  under  the  guid- 
ance of  one  head,  for  the  better  concentration 
and  direction  of  its  forces,  is  dictated  by  the  plain- 
est maxims  of  prudence ;  and  where,  it  was  ask* 
ed,  can  this  be  placed  with  more  inropriety  thkn 
in  the  capital,  where  the  revolution  itself  received 
iu  origin,  Wbence  every  great  effort  in  the  gene- 
ral cause  has  emanated,  and  which,  from  its  poai* 
tion,  its  enterprise,  and  intelligence,  is  enabled  to 
maiiage  the  common  concerns  of  the  nation,  for 
the  present  at  least,  to  the  greatest  possible  ad- 
vaniajse  ?  The  first  thing  to  be  done,  contimied 
they,  is  to  place  our  independence  out  of  danger ; 
let  this  be  accomidished  before  vwdisagteenbout 
the  nuHUier  of  uaing  it.  They  fttither  insisted 
that  it  was  not  alt<^^er  safe  to  confide  in  the 
example  of  the  United  States  of  North  Aaaeriea, 
which  had  always  been  educated  in  repubiicnn 
virtues,  and  to  which  we  were  not  to  be  conipa- 
red,  reared  as  we  have  been  under  the  rod  of 
despotism;  and  that  it  would  be  unwise  to  tr«st 
the  fate  of  the  nation,  in  such  dangerous  times, 
to  virtues  which  had  not  yet  been  si^^ently  put 
to  the  trial;  that  it  would  be  most  prudent  to 
leave  to  time  and  education,  under  the  influence 
of  a  free  Qovernment,  to  produce  the  same  char- 
acter of  enlightened  patriotism.  Those  of  the 
federal  party  contended  on  diiEBrent  principlOB. 


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Orndftion  of  JSkmA  America. 


Thef  admitted  that  the  QoverBmeat  of  Buenos 
Ayres,  the  capital  of  the  former  ^ieeroyalty,  bad 
beenr  the  firtt  to  shake  off  the  Spanish  yoke,  and 
hy  Its  ioflaeoce  had  iodueed  the  provinces  to 
follow  its  example.    At  the  same  time  they  al- 
leged ihe  repeated  protestations  on  the  part  of  this 
QoTernment  that  its  preponderance  should  be  bat 
momentary ;  that  a  seneral  Congress  should  be 
convened  without  delay,  for  the  purpose  of  fixing 
the  General  Government  on  a  permanent  basis.  It 
was  by  these  protestations  that  the  provinces  had 
been  induced  to  enter  into  the  views  of  the  capi- 
tal, and  to  place  their  resources  at  its  disposal: 
they  complained  that  so  long  a  time  had  elapsed 
without  performing  this  engagement ;  that  their 
aituation  thus  far  was  but  little  different  from 
that  under  the  Soanish  monarchy ;  that  they  had 
•btained  bat  little  more  than  a  change  of  masters. 
They  did  not  deny  the  difficulty  of  oallinff  a  Na- 
tional Congress  during  the  stormy  period  of  the 
revolution,  but  said  that,  in  default  of  a  Con- 
gress, the  (General  Gbvernment  of  the  capiul 
ought  to  have  ceased,  and  the  provinces  ceased 
to  Da  swayed  by  it,  seeing  that  the  general  voice 
was  in  favor  of  the  federative  system.    Far  from 
being  inadequate  to  the  exigencies  of  the  times 
and  the  objects  of  the  revolution,  they  asserted 
thai  the  individual  acts  of  the  provinces  had 
contributed  most  to  raise  the  character  of  the 
Republic,  and  to  advance  the  general  cause.    If 
our  dissensions,  said  they,  have  caused  us  discredit 
with  foreign  nations,  it  is  to  be  attributed  to  the 
clashing  of  the  government  of  the  capital  with 
the  feeUogs  and  wbhes  of  the  provinces ;  that, 
as  there  can  be  no  effect  without  a  cause,  the 
federative  system,  by  putting  an  end  to  these 
odious  rivalries  and  jealousies,  would  prevent  the 
recurrence  of  scenes  so  disgraceful.    It  is  true, 
said  they,  the  tumultous  proceedings  of  the  capi- 
tal had  generally  sprung  from  other  causes,  chiefly 
from  the  inordmate  thirst  for  office  in  many  of 
its  inhabitants,  the  ambitious  turning  to  their  ad- 
vantage, even  the  extreme  jealousy  of  their  lib- 
erties on  the  part  of  the  people.     Was  it  jusu  it 
was  asked,  that  the  provinces  should  be  compelled 
to  follow  these  frequent  and  capricious  changes, 
in  which  they  took  no  parti    But  would  not 
tb^  evils  have  long  since  ceased  with  the  esub- 
lisbment  of  the  federative  system  ?    What  temp- 
tations could  there  be  to  seduce  the  aspiriuir  in 
the  limited  and  definite  powers  which  the  feder- 
ative system  would  present?    On  the  contrary, 
what  could  be  more  tempting  to  the  ambitious 
than  a  system  which  enabled  those  in  power  to 
be  the  masters  and  arbiters  of  the  Republic— one 
which  would  enable  them  to  prefer  their  flatterers, 
and  favorites,  and  those  who  were  neither,  but 
merely  happened  to  be  about  them,  to  able  and 
meritorious  citizens;  and  to  consult  their  private 
wishes  more  than  the  public  good  1    They  alleged 
that,  in  fact,  the  capital  had  thus  far  paid  much 
more  attention  to  its  own  peculiar  interests  than 
to  the  rights  of  the  provinces;  that  she  had  grat- 
mnt;        *P*>ition  and  avarice  of  many  in  the 
liS^^l'"'''^*''  ^y  enlisting  the  human  frail- 
lies  and  passipo,  on  her  side,  lo  sow  the  seeds  of 


discord  and  disunion  in  other  parts  of  the  Con 
federaoy,  these  persons  engaging  to  repren  tho 
sentiments  of  the  people,  and  draw  them  into  a 
subordination  which  accorded  only  with  their 
interested  views.  When  these  things,  said  they, 
are  impartially  considered,  how  can  we  draw 
closer  the  cords  of  union  under  a  Government 
like  the  present,  which,  by  its  oppressions  as  well 
as  by  its  favors,  weakens  that  love  of  country 
which  the  federative  system  has  a  tendency  to 
foster— a  system  which,  at  the  same  time  that  it 
leaves  the  citizen  in  the  full  enloyment  of  thot 
portion  of  liberty  which  the  good  of  society  does 
not  require  him  to  surrender,  imparts  enough  f<ir 
all  the  purposes  of  the  general  safety  and  happi- 
ness? But  let  it  not  be  said,  continued  they, 
that  there  are  no  republican  virtues  amongst  us. 
To  what  else  is  to  be  attributed  the  noble  resolu- 
tion we  have  taken,  and  which  we  have  sanctioned 
by  our  oaths,  to  die  rather  than  not  lire  free  and 
independent  ?  To  what  else  that  energetic  and 
heroic  resistance  which  has  given  so  many  days 
of  glory  to  our  country?  And  even  if  it  be  ad- 
mitted that  we  do  not  possess  those  Tirtues,  are 
they  to  be  inculcated  by  the  example  of  a  Qot- 
emment  which  teaches  nothing  but  selfishness 
and  corruption  ? 

Thus  reasoned  the  opposite  parties.  With  re* 
spect  to  our  own  opinion,  we  should  say,  that  from 
the  impoeeibility  of  attaining  this  end  without 
encountering  the  evils  of  anarchy  and  perbapa 
civil  war,  on  account  of  the  preponderating  influ- 
ence of  the  capiul,  it  was  perhaps  the  wisest 
course  on  the  part  of  the  provinces  to  make  a 
sacriflce  for  the  present  of  their  obedience  to  that 
unity  of  action,  without  which  our  ultimate  suc- 
cess must  be  doubtfuL  It  is  to  be  expected  that 
our  enemies  will  labor  without  ceasing  to  regain 
their  lost  domination,  and,  flattered  by  our  dis- 
sensions, they  will  be  continually  engaged  in 
forming  new  projects  to  enslave  us,  lured  by  cho 
hope  that  we  shall  be  able  to  bring  forward  but 
feeble  and  divided  efforts  in  support  of  our  liber* 
ties.  I  have  thus  traced  without  dissimulation 
the  melancholy  picture  of  our  domestic  discords. 
A  number  of  citizens  of  Buenos  Ayres,  touch- 
ed with  the  unfortunate  antipathy  of  the  pro- 
vinces to  join  heartily  in  the  cause  of  their  com- 
mon country,  and  fearing  that  our  dissensions 
would  form  a  bridge  over  which  the  enemy 
might  pass  to  reduce  us  to  subjection,  united  their 
wishes,  and  honestly  confessing  thai  the  bahmea 
of  public  opinion  inclined  to  federalism,  petition- 
ed the  goven»or  inteodant  of  the  province  to 
strip  Buenos  Ayres  of  iu  prerogative,  and  to  plaee 
it  on  the  same  footing  with  tho  other  provinces. 
They  believed  that  this  measure  would  put  an  end 
to  their  irritated  jealousies,  that  a  fraternal  feel- 
ing would  succeed,  enabling  them  to  complete 
the  edifice  which  they  had  so  gloriously  begun. 
In  an  affair  of  so  much  importance,  the.  lotea- 
dant,  in  order  to  ascertain  with  accuracy  thesen- 
timenu  of  the  people,  decreed  that  the  petitioa 
be  taken  into  consideration  in  a  general  assembly 
or  Cabildo  to  be  convened  for  the  purpoM,  and 
one  was  accordingly  ordered  to  meet  on  the  19lh 


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OmdUitm  cf  Smtth  America. 


of  Jupe,  1816.  This  unexpected  event  lighted 
Qp  9iftw  the  iropMtectly  extinguished  fin^f  dis- 
cord. The  J6ota*ef  Observatjon,  although  agree- 
ing: in  opinion  with  the  Intendant  as  to  the  pro- 
priety or  taking  the  sense  of  the  people,  were  not 
•alitfied  that  this  should  be  done  by  general  suf- 
frage;  from  apprehension  of  dangerous*  and  tu- 
mQltuoos  agitations,  they  thought  it  would  be 
more  adfisabie  to  ascertain  their  will  through 
deputies  elected  for  the  purpose.  This  contrariety 
of  opinion  fractured  the  State  into  parties,  whose 
disputes  were  conducted  with  so  much  heat  and 
▼iolence  that  it  was  seriously  feared  they  would 
not  stop  short  of  an  appeal  to  arms.  Had  this 
aubject  been  considered  unmixed  with  private, 
and  personal  feelings,  it  would  scarcely  have 
given  rbe  to  a  difference  in  thinking. 

This  contest,  although  suffered  to  remain  in 
Hatu  quOj  left  the  minds  of  the  parties  too  much 
ulcerated  to  permit  them  to  settle  down  in  peace 
and  harmony.  It  was  at  the  same  time  so  far 
■ggravAted  by  another  dispute,  that  the  Junta  of 
Olwrvation,  in  concert  with  the  Cabildo,  assum- 
ing the  tone  of  authority,  |)roceeded  to  depose  the 
Director  od  interim.  In  his  place  was  su&tituted 
a  gubernatorial  commission,  composed  of  Don 
Francisco  Antonio  Bscalada  and  Don  Miguel 
Ireffogen. 

While  these  things  were  taking  place,  the 
troops  of  Buenos  Ay  res,  under  the  command  of 
Colonel  Don  Bustacio  Diaz  Yelis.were  approach- 
ing the  city  of  Santa  Fe,  while  at  the  same  time 
a  small  squadron  of  vessels  under  the  command 
of  Colonel  Don  M.  Iregogen  placed  it  under 
blockade.  The  arms  of  these  two  cities  rivalled 
each  other  in  intrepidity  and  courage.  It^ould 
be  uncandid  to  conceal  the  admiration  we  feel  in 
beholding  a  small  town  like  Santa  Fe,  without 
disciplined  troops,  and  with  little  assistance,  caus- 
ing itself  to  be  respected  by  its  enemy,  and  under 
the  direction  of  its  chief,  supporting  the  cause  of 
its  independence.  It  is  true,  the  Santaf6cinos 
abandoned  their  city,  believing  that  they  carried 
it  along  with  them  wherever  xhej  could  live  free. 
It  was  not  long  before  they  besieged  their  inva- 
ders themselves,  and  caused  them  to  experience 
Che  sufferings  of  famine ;  and  by  a  lucky  accident 
having  made  themselves  masters  of  several  of 
their  enemy's  vessels,  together  with  the  command- 
er of  the  squadron,  there  appeared  but  little  like- 
lihood of  their  being  about  to  succumb  to  their 
invaders. 

Two  important  occurrences  which  had  taken 
place  in  the  city  of  Tucuman,  were  of  a  nature 
to  divert  the  current  of  dissension.  The  first 
was  the  election  to  the  supreme  directorship  of 
Colonel  Don  Joan  Martin  Puerredon;  but  the 
exigencies  of  the  war  claimed  the  first  attention 
of  tbe  Director,  the  cities  of  Salta  and  Jujny  be- 
ing menaced  by  the  enemy;  this  of  course  delay- 
ed hiit  return  to  the  capital. 

The  other  was  the  solemn  declaration  of  our 

*  Two  petitions  wer»  presented,  one  wHh  one  hnn- 
4nd  and  one  aignalnrai,  the  othar  with  one  hundred 


independence  made  by  Congress  on  the  memora- 
ble 9th  of  Julv,  1816.  Six  years  had  elapsed 
since  that  dark  period  when  we  were  regarded 
in  no  other  light  than  as  a  flock  tamely  obedient 
to  the  will  of  its  owner ;  in  which  we  quietly 
looked  on  while  strangers  directed  the  economy 
of  our  house ;  in  which  our  own  hands  were  em- 
ployed to  erect  fortresses  intended  to  enslave  us. 
Six  years  of  the  most  profound  and  universal  in- 
terest, felt,  I  might  almost  say,  even  by  the  infant 
in  the  mother's  arms,  had  awakened  a  crowd  of 
new  ideas  throughout  all  classes  of  society,  and 
inspired  a  general  wish  to  rise  to  that  condition 
which  nature  herself  seeme4  to  designate.   These 

Srovinces,  ashamed  of  having  so  long  delayed  to 
eclare  this  emancipation,  raised  at  last  the  sub-  • 
lime  acclaim  of  liberty. 

It  was  thought  sufficiently  probable  that  those 
important  occurrences  would  have  quieted  the 
provinces,  and  convinced  them  of  the  necessity 
of  a  well  organized  whole.  Unfortunately  this 
was  not  the  case.  '^Frorn  Cordova,"  said  the 
Director,  in  his  manifesto,  "  with  what  painful 
anxiety  did  I  cast  my  eyes  towards  the  agitated 
province  of  Buenos  Ayres!"  And  not  without 
cause;  for,  in  going  to  enter  upon  his  govern- 
ment, he  was  about  to  place  himself  upon  the  top 
of  a  volcanic  mountain.  It  was,  notwithstaod- 
ingj  his  ^ood  fortune  to  succeed  in  conquering  the 
antipathies  of  his  most  inveterate  enemies.  Would 
to  God  he  had  been  equally  successful  in  finding^ 
the  means  of  restoring  perfect  tranquillity  to  the 
State!  The  wild  and  ungovernable  Orientals 
and  SantafScinos  still,  however,  persisted  in  this 
restless  and  inconsiderate  course.  Over  and  above 
the  numerous  causes  which  rendered  their  rup- 
ture so  calamitous,  others  followedof  a  nature  to 
render  them  more  lasting.  The  Court  of  BraziL 
about  this  time,  raised  the  mask  which  had 
hitherto  concealed  the  perfidious  project  it  had 
long  since  formed  of  taking  possession  of  the  de- 
lightful countries  on  the  eastern  side  of  the  river. 
The  Court  of  Brazil  had  already  made  fre- 

Jiuent  attempts  to  obtain  this  territory,  which, 
or  more  than  a  hundred  years,  it  had  coveted 
with  so  much  greediness,  but  was  as  often  com- 
pelled to  abandon  its  prey,  until  our  lamentable 
dissension  at  last  seemed  to  guaranty  the  success 
of  an  invasion.  The  Director  seized  this  oppor* 
tunity  to  revive  with  General  Artigas  that  an- 
cient friendship  whose  combined  force  had,  on 
former  occasions,  frustrated  the  shameful  desiffns 
of  the  Portuguese.  A  deputy  was  despatched  to 
him,  carrying  a  supply  of  arms  and  munitions  of 
war,  and  requesting  him  to  state  with  frankness 
what  were  his  wants;  that  these  should  be  the 
measure  of  the  aid  to  be  furnished.  But  to  speak 
of  reconciliation  with  Artigas  was  to  speak  to  the 
desert.  His  obduracy  could  neither  be  softened 
by  concession,  nor  his  pride  be  humbled  by  dan- 
cers. Although  he  received  the  donations,  he 
beard  the  proposals  with  displeasure;  preferrinj^ 
that  history  should  accuse  him  of  having  sacri- 
ficed the  occasion  to  his  private  hatred,  bis  dutiea 
to  his  caprice,  and  his  country  to  his  interests. 
With  respect  to  the  Santafeeinos,  the  Director 


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waft  not  more  actoAted  by  a  detire  to  preveot  the 
dkagreeable  oooseqaences  of  this  ckjx  rcmainiDg 
in  a  state  diitinct  and  separate  from  all  the  other 
members  of  the  rqioblie^  than  aaxioos  to  place 
the  forces  nader  General  Diax  Velis  in  secniitf ; 
with  thls.Tiew  he  despatched  depaties  with  prop- 
ositionft  highly  adyantaffeous  to  them,  and  which 
onght  to  have  safficed  lor  the  restoration  of  the 
ancient  harmony  and  brotherhood*  Before  their 
ariiral  at  Santa  Fe,  oar  army  had  already  efao^ 
nated  the  place,  and  descended  the  river.  The 
laite  ini asion  was  by  no  means  calculated  to  dis- 
pose their  minds  to  reconciliation »  and,  even  if 
the  Santaf6cinoft  had  given  this  proof  of  their 
love  oiorder,  it  is  probable  they  would  soon  have 
repeated  of  an  act  which  would  have  lessened 
them  in  the  estimation  of  their  protector,  Qeneral 
Aitigas^  however  thia  nuiy  be,  the  negotiaiioD 
terminated  without  eflect. 

Although  the  city  of  Cordova,  with  her  depu* 
ties  int  doogresS|  and  submilting  to  the  capita^ 
inclined  to  the  side  of  the  Orienuls  and  Santa- 
ficinosi  her  character  would  not  permit  her  to 
abandon  the  last  of  these  in  the  period  of  adver- 
sity;  the  dangers  which  threatened  her  neighbor 
served  but  to  draw  more  closely  the  ties  of  amity, 
and  which  increased  in  proportion  to  the  risk  she 
eneoontered.  A  body  of  Cordovians,  to  the  num- 
ber of  four  hundred,  under  the  command  of  Don 
Juan  Pablo  Bulnes,  hastened  as  &r  as  the  citv  of 
Del  Rbaario  in  the  aid  of  the  Santaf<6cinos,  but, 
finding  no  enemies,  they  returned  hoa^e  without 
any  materiel  occurrence. 

The  expedition  of  Bulnes  was  not  undertaken 
with  thf  approbation  of  the  Qovernor  of  Cordova, 
Colonel  Don  3qU  Dias ;  not  because  this  o&er 
waa  not  inclined  to  the  side-  of  the  Sanuficinos 
and  the  cause  of  federalism,  but  because  it  suited 
the  political  course  he  had  resolved  to  follow  to 
ffire  merely  a  negative  consent ;  or,  perhapa,  see* 
ing  Bulnes  at  the  head  ot  a  more  considerable 
force  than  he  himself  could  command,  he  did  not 
think  it  prudent  to  oppose  him.  Be  this  as  it 
may.  it  laid  the  foundation  of  a  reciprocal  ani- 
mosity as  indiscreet  as  badly  intended.  While 
Bulnes  was  on  his  return  to  Cordova,  Dias  was 
collecting  a  force  to  receive  him.  He  was  fear- 
ful that  ms  rival  might  enteruin  the  intention  of 
dq)Osing  him,  and  placing  himself  at  the  head  of 
the  Qovernmenu  These  two  bodies  were  in  a 
little  while  arrayed  against  each  other;  and  after 
acting  a  military  farce— a  few  shot  fired  in  the 
air— Bulnes  was  left  in  possession  of  the  field  of 
battle,  and  entered  the  city  in  triumph. 

These  agitations  and  disorders  were  in  direct 
▼iolation  of  the  public  authority.  They  proceeded 
from  an  active  force.  sapi>orved  by  the  opinion 
which  was  most  prevalent ;  in  their  consequences 
they  were  to  be  dreaded,  both  for  the  present  and 
the  futuvevae  exhibiting  the  most  dangerous  ex- 
amples. The  rights  claimed  bv  the  Government 
ana  the  Congress  were  weighed  in  distinct  scales 
from  their  own.  The  only  remedy  vrhich  the 
Congress  could  apply  to  these  evils  was  in  aj)- 
pealing  to  the  good  sense  of  the  people.  A  mani- 
festo wa*  published,  breathing,  in  eloquf  nt  laa- 


gaage,  the  sentiment  (^  love  of  oountvy,  li 
Ing  an4Biivefely  eenearing  tha^ublic  di: 
thundenng  anathemas  againnSbe  dlstamera  ot 
the  public  repose,  and  exhorting  all  to  obedience 
and  submission  to  the  supreme  authority,  which 
had  only  for  iti  ol:jeet  to  secure  the  safety  and 
happiness  of  the  Republic  As  midht  have  been 
expected,  little  impression  was  preiiucad  by  thia 
puolication  among  a  people  who  eonaidarad  theo^ 
selvea  as,  betrayed  when  denied  the  fosm  of  gov* 
ernment  which  they  preferred.  In  fact,  thejr  re- 
garded the  manifesto  like  one  of  those  antsmnal 
clouds  wluck  lighten  muefa»  bui  bring  them  mi 
rain. 

A  more  successful  measure  waa  adopted  with 
respect  to  the  province  of  Cordova,  which  waa 
the  placing  ite  government  in  the  hand  of  Don 
Antonio  Funes^  (brother  of  the  author  of  this 
sketch,)  a  native  and  inhabitani  of  the'Cttf.of 
Cordova.  This  appointment,  whether  eonttdercdl 
with  a  view  to  the  capacity  and  virtues  of  the 
individual,  or  the  prudence  of  the  choice,  waa 
worthy  of  applanse*  He  was  a  citizen  whoposK 
sessed  t%lenu  by  no  means  vulgar;  of  amin«rei- 
flned  by  application  to  bellet4ettref|  and  elev«teA 
by  the  study  of  the  sciences,  he  waa  regarded  as 
an  honor  to  literature.  A  oun  of  unmual  necee, 
of  a  character  severe  without  austerity,  mere  %*  • 
lover  of  virtue  than  of  his  fortune,  of  his  famUf  , 
ov  of  his  lift.  Bxemplary  ia  the  fulfilment  of  bis 
social  duties,  hif  house  wore  the  appearanoe  of  a^ 
sanctuary  to  whieh  the  unfertnnaie  might  lesort. 
for  comfort  aad  protection*  From  bis  politica, 
dark  intrigues,  cunning  maoageeieai,  and  all  per- 
fidiouft  practices  were  excluded.  A  noble  mokr 
nesa  characterised  his  deportCMAti  detestiwarti** 
fice,  vet  prudent  and  cautions  in  his  speech,  and 
in  all  times  a  friead  of  social  order.  Oar  rcTo-* 
lution,  on  which  justice  had  set  her  seaJ,  could 
not  fail  to  draw  him  to  its  side  $  he  embraced  its 
cause  with  sincerity,  and  propagated  it  with  dis* 
cretion ;  but  the  unsettled  stale  of  things  which 
succeeded  had  induced  him  to  bury  himself  in  n 
retirement  where,  without  beinff  exposed  to  the 
clashia^  of  contending  parties,  he  might  pursue 
the  stoical  severity  «  his  life,  and  indulge  hb 
passion  for  literary  pursuits.  With  a  firmness 
superior  to  the  reverses  of  fortune,  he  ai^ported 
without  murmuriag  the  loss  of  nearly  all  that  he 
possessed,'*'  his  credits  to  a  great  amount,  and 
what  was  mere  scTcre,  of  two  promising  soas  in 
the  flower  of  youth,  when  the  National  Congteaa 
cast  iu  eyes  upon  him  as  the  moat  suitable  pnar- 
son  to  oppose  the  torrent  of  disorders  of  which 
Cordova  had  become  the  theatre^ 

To  a  common  mind,  the  situation  in  which  the 
Governor  was  placed  would  have  pceseated  al^ 
most  insuperable  difficulties^  the  city  of  Cordova^ 
beiii^  occupied  by  Bulnes,  his  son*in*law$  and,  in 
the  very  fint  step  he  wouU  have  to  take,  it  would, 
be  necessary  that  he  should  be  arni«d  with  a 

*  This  estimable  man  hi^pened  to  possess  property 
to  a  IsTf  e  sneunt  in  Pexut  which*  on  the  bnddng 
out  of  the  rcTokUicn,  waa  coniscaled  ky  the.  mj^ 
]sts« — Thmilatar. 


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Qmditmi  of  SaiUh  Ammcm% 


Mverity  which  knovn  no  reUiUoBship  but  that  of 
reason  aad  the  law.  In  the  couise  of  the  re?o- 
lotion  he  had  n(A  deoUfed  himself  in  favor  of 
any  of  the  forme  of  government  whioh  this  re- 
public might  think  pro[>er  to  adoj^t.  His  opinion 
was  in  favor  of  that  which  the  will  of  the  nation, 
solemnly  expressed  in  Congress,  should  sanction  $ 
and  until  this  could  be  known,  he  thought  that 
no  one,  without  violating  the  laws  of  order  and 
just  subordination,  could  forcibly  resist  the  estab- 
lished authpcities.  In  opposition  to  these  senti* 
menu,  BuLms  made  a  show  of  foroe  before  his 
eyess  and  his  conduct  gave  few  or  no  indications 
of  a  sense  of  honor,  respect,  or  deference^  The 
Qovenor  prudently  coneealed  his  determination 
until  he  should  be  sttp|K>ited  by  a  sufficient  force 
to  enable  him  to  carry  it  into  effect.  It  was  not 
long  before  a  body  of  veteran  troops,  under  the 
command  of  Colonel  Sayos,  came  down  from 
Tucnmaa  to  his  assistance*  Buloes  had  the  ar- 
rogance to  take  the  field  agpiinst  him,  but  Sayos, 
in  the  presence  of  the  Governor  himself,  com- 
pletely rooied  his  forces,  and  put  him  to  flight. 
A  common  mind  would  have  been  pleased  with 
a  fl^hi  which  would  hnve  snared  the  painful 
con£et  between  the  ties  of  relationship  and  the 
demands  of  justice.  But  this  was  a  case  cabu- 
lated  only  to  call  forth  the  firmness  and  energy  of 
the  new  Qovernor^  He  caused  a  diligent  pursuit 
to  be  nmde,  until>  placed  in  his  pqwer,  he  should 
be  deUvered  over  to  all  the  severity  of  the  law. 
llie  fortitude  required  by  such  occasions  allows 
of  no  mixture  of  hunma  weakness  j  and,  as  a  cel- 
ebrated orator  has  justly  said,  the  magistrate  who 
is  not  a  hero  scanoely  deserves  to  be  regarded  as 
an  honest  man*  The  province  for  the  present  re- 
maned tranquil,  and  the  cause  of  Buloes  was 
sQbjeeted  to  the  legal  fbrmt  by  osder  o(  the 
Congress. 

From  the  volcanic  eruptions  of  the  provinces,, 
which  about  this  time  happily  became  less  fre- 
qnent,  let  us  direct  our  aUention  to  exterior  afiairs. 
Thepolicyof  assaiUng  the  enemv'b  oommerce  was 
found  to  operate  as  a  powerful  aid  to  our  cause, 
and  was  about  this  time  carried  on  with  great 
success.  The  enemy's  ports  in  the  Pacific  were 
greatly  harassed  by  the  flotilla  under  Commo- 
dore Brown.  Nothing  could  more  fully  prove 
the  stale  of  subjection  to  which  the  people  were 
reduced  by  Spanish  tyranny ;  upder  iu  vile  domi* 
nation  it  seemed  as  if  aU  the  spring  of  the  mind 
hed  been  dei^oyed,  and,  instead  ot  national  feel* 
ing,  thei«  existed  nothing  but  sordid  personal  in- 
terest. Near  the  isle  of  Ormigas,  Brown  cap- 
tured five  prizes;  he  dared  even  to  brave  the 
castles  of  the  port  of  Callaeu  and  to  defy  the 
Spanish  armed  ships.  He  found  the  port  of 
Quayaqoil  in  a  stiU  greater  state  of  abandon- 
ment; here  he  entered  ia  uiumph,  and  carried 
off  property  to  the  amount  of  seven  hundred  thou* 
sand  dollars. 

While  the  Viceroy  of  Lima  was  thus  harassed 
by  sea^his  armies  in  Pecu  and  Salta  experienced 
an  alnaost  uninterrupted  series  of  disasters.  Col. 
Dun  Manuel  Aaeasio  Padilla  sustained  with  much 
gUury  the  standard  of  our  country  against  the  in- 


human Facon.  The  valor  and  patriotism  of  this 
officer  had  attached  to  his  person  a  considerable 
number  of  patriots,  into  whom  he  inspired  con« 
fidence,  activity,  and  couraffe.  In  order  to  throw 
some  obstacles  in  the  way  of  his  triumphs,  a  body 
of  about  one  thousand  men  was  ordered  to  maren 
towards  Laguna.  Here  they  were  expected  by 
Padiila,  who  had  instructed  the  defence  of  vari^* 
ous  posts  to  his  captains,  and  one  of  them  (which 
may  sound  somewhat  singular  to  the  reader)  te 
the  command  of  hb  wii^  a  very  extraordinai|r- 
woman,  Dofia  Juana  Azunduy.  The  enemy  waa  < 
completely  repulsed  after  having  nude  a  furieva' 
asaault,  and  this  heroic  female  nad  the  satiafac* 
tion  of  presenting  to  her  husband  the  banner  oC 
the  enemy,  which  she  had  taken  with  her  own. 
hands.*  Padilla  did  not  go  to  sleep  beneath  hifr 
laurels ;  without  giving  time  to  the  enemy  to  col^ 
lect  his  forces,  he  pursued  them  ia  every  dlreer 
tion,  and  shut  what  remained  of  them  in  th* 
town  of  Chuquisaca.  Scarcely  less  glorious  wae 
the  victory  of  Warnes,  who  dea^oyed  another 
body  of  nearly  one  thousand  men,  commanded  bfr 
Facon  in  person* 

The  perils  of  the  war  in  the  district  of  Jujnf . 
and  Salta  drew  from  the  inhabitants  proois^f. 
heroism,  in  support  of  their  independenea  equal 
to  what  was  exhibited  in  declaring  it.  Gieneral 
Quemea^  formidable  alike  for  his  coosiancy  an4 
valor,  continually  presented  a  threatening  from 
to  Pescuela,  and  by  his  activity  deprived  him  of 
his  conquests  as  fast  as  they  were  made.  Abaur 
dcming  Jojuy  precipitately,  Peseuela  encounteredl 
losses  of  considerable  moment*  The  guerriUei^ 
led  by  Don  Augnstin  Ribera,  Don  Diego  Call% 
Don  Diego  Tallangiana^  Don  Justo  Qanaalie>. 
Don  Jos^  Miguel  Valdiviesa,  Don  Franciscn 
Ghierreros,  and  Don  Francisco  Briondo,  contriW 
uted  much  to  diminish  his  credit  and  the  weighl 
of  bis  authority. 

1817.*-*These  advantages  in  some  mieasnremada 
amends  for  the  mortification  of  seeing  the  troopa^ 
of  Portugal  in  the  territory  of  the  Sute.  From- 
the  timeit  was  known  that  the  Prince  Regent  oft 
Portugal  had  raised  ihe  colonies  of  Braxil  to  the 
pre-eminence  of  meuopolis,  it  was  strongly  susr 
pected  that  he  would  attempt  to  aggrandise  hinr 
self  by  the  occupation  of  these  countries.  The 
powerful  temptations  which,  had  continually  at^ 
tracted  the  Portngu^  towards  our  territoriee* 
had  almost  becomeone  of  the  fixed  principles  of 
their  policy ;  it  was,  therefore,  not  surprising  thai 
they  should  profit  by  an  opportunity  which 
seemed  the  most  favorable  for  the  gratification  ot 
their  ambition.  But  as  mere  aiQbition  fornishee 
no  justification  for  the  invasion  of  the  territory  of 
other  nations,  the  Director  considered  it  as  hia 
duty  to  remonstrate  with  Qenersl  Lecor,  comr 
mander  of  the  Portuguese  forces,  on  the  step  he 

•  This  was  the  celebrated  bannei  under  which  the 
enemy  had  reconqueied  La  Psa»  Pern,  Aiequins,  and 
Cuico,  and  on  which  account  it  was  diftinguished  by 
niAgm6cent  embroidery.  For  this  action,  the  ladJ 
was  rewarded  by  the  State  with  the  commission  and 
emolument  of  Lientenant  Colonel* 


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208& 


Condition  of  South  America. 


was  about  to  Cake,  and  to  waro  him  of  the  coose- 
qtieoces  of  the  aggression.  At  the  same  time 
tnat  he  took  this  step,  he  coromnnicated  it  to 
Oeneral  Artigas  and  tne  Cabildo  of  Monte?ideo, 
rcqaestioff  that  at  this  moment  of  common  dan- 
ger, which  reijuired  the  combioation  of  all  their 
forces,  their  differences  might  be  forgotten ;  and, 
in  order  to  fix  upon  the  principles  of  reconcilia- 
tion, he  deputea  with  full  powers  the  Mealdes 
Don  Juan  Jos^  Durar  and  Don  Juan  Giro.  In 
the  preliminary  conferences  which  took  place, 
the  errors  of  discord  and  the  benefits  of  harmonf 
between  the  two  countries  were  represented  in 
the  most  animated  terms;  and  it  was  finall]r 
msreed  that  the  eastern  shore  (Banda  Oriental) 
aEould  acknowledge  the  sovereignty  of  Congress 
«nd  the  authority  of  the  Supreme  Director  of  the 
8tate;  that  members  in  proportion  to  its  popu- 
lation should  be  sent;  and  that  the  Government 
should  promptly  furnish  what  assisunce  was 
necessary  for  its  defence. 

The  joy  produced  by  this  event,  which^  in  put- 
ting an  ena  to  the  unhappy  disputes  ihat  divided 
the  country,  appeared  to  restore  its  pristine 
strength  and  glory,  was  celebrated  with  pomp 
and  magnificence.  At  the  very  moment,  how- 
ever, when  the  people  were  engaged  in  giving 
rent  to  their  feelings,  which  were  excited  to  a 
degree  that  might  almost  be  considered  immode- 
rate, information  was  received  that  the  Orientals 
had  refused  to  ratify  the  convention,  no  doubt  in- 
fluenced by  their  chief.  Artigas  considering  the 
natural  tendency  of  the  connexion  and  depend- 
ence of  the  eastern  shore  as  destructive  to  the 
absolute  sway  which  he  had  so  long  been  accus- 
tomed to  exercise,  in  his  conception,  the  dangers 
and  devastations  of  a  war  with  the  Portuguse 
were  to  be  preferred  to  the  influence  of  the 
capitaL 

The  remonstrance  of  the  Supreme  Director 
with  General  Lecor  did  not  produce  the  effect  on 
his  mind  which  it  merited.  This  chief  contented 
himself  with  declaring  that,  in  order  io  place  the 
Portuguese  frontier  out  of  danger  from  the  conta- 
gion of  anarchy  which  threatened  it,  it  had  be- 
come necessary  to  take  possession  of  a  countrv 
which,  in  becoming  independent,  had  given  itself 
up  to  every  species  of  disorder  and  misrule.  The 
futility  of  this  pretext  was  fully  exposed  bv  the 
Director  in  his  subsequent  official  letters,  and  also 

Sthe  eloquent  editor  of  the  Ministerial  Gazette, 
m  Julian  Albanes.  Nothing  can  be  added  to 
the  force  of  their  reasoning^s.  Taking  it  for  granted 
that  a  sovereign  has  a  right  to  interfere  in  the 
domestic  quarrels  of  his  neighbors,  whenever  he 
mav  think  them  of  a  nature  to  disturb  the  tran- 
quillity of  his  own  Slates^  yet  it  is  an  undoubted 
principle  of  the  law  of  nations  that  he  should  first 
make  suitable  representatioas  to  the  party  offend- 
ing, before  actually  resorting  to  the  use  of  force. 
To  occupy  a  country  by  force  under  the  mask  of 
pace,  can  only  be  learned  in  the  school  of  Mach- 
lavel.  There  is  certainly  some  difference  be- 
tween acting  the  part  of  a^otinel  to  watch  for 
the  preservation  of  self,  and  thus  intruding  into 
the  country  of  another,  ?io9piU  insaiuiaio,  with 


no  object  in  reality  but  that  of  conquest.  The 
dispute  of  the  Orientals  and  the  capital  was  a 
familv  quarrel,  biit  a  quarrel  which  had  not  dis- 
solved the  ties  of  the  first  with  the  nation.  These 
people,  as  well  by  their  own  will  as  by  the  con- 
stitution of  the  State,  were  integral  parts  of  the 
American  Confederation.  Common  uecency,  not 
less  than  respect  for  the  laws  of  nations,  would 
have  forbidden  this  resort  to  violence,  before  all 
the  proper  measures  had  been  taken,  without 
effect,  to  place  in  a  state  of  security  the  nation 
which  declared  itself  in  danger;  otherwise,  the 
world  would  be  continually  exposed  to  become 
the  prey  of  the  first  occupant  who  could  support 
his  cause  by  force.    Like  the  ambitious  Porto* 

?ruese,  there  would  never  be  wanting  a  pretext 
or  invasion. 

The  management  of  the  war,  together  with  the 
other  important  cares  of  government,  rendered  it 
desirable  that  the  Congress  and  the  Directors 
should  be  nearer  each  other,  in  order,  by  their 
combined  wisdom,  to  conduct  the  affiiirs  of  the 
State  with  greater  promptitude  and  judgment. 
Its  removal  to  the  capital  was,  however,  a  step  of 
no  small  danger.  The  sound  of  discord  was  still 
heard  like  the  hollow  murmurine  of  the  waters 
after  the  tempest  has  subsided,  ft  was  much  to 
be  feared,  in  the  agitations  which  might  ensue, 
that  this  national  assemblV}  which  was  consid- 
ered by  many  of  the  friends  of  order  as  the  last 
resort,  would,  like  the  similar  attempts  formerly 
made,  prove  abortive.  Besides  this,  the  provin- 
ces were  desirous  that  the  Congress  should  hold 
its  sessions  at  a  distance  from  the  capital,  in  order 
that,  being  free  from  undue  influence,  and  the 
fear  which  bayonets  might  cause,  they  would  be 
able  to  pursue  their  course  with  the  more  perfect 
freedom.  After  much  discussion,  and  important 
reasons  urced  on  both  sides  of  the  question,  they 
finally  yiekled  to  the  solicitations  of  the  Direct- 
ors, who  strongly  urged  their  removal  to  the 
c^ilalp  and  accordingly  carried  the  resolution  into 
effect,  m  the  midst  of  new  commotions  and  dis- 
turbances. 

One  of  them  had  its  origin  in  the  audaciooa 
mind  of  an  inhabitant  of  Santiago  de  Lestera, 
named  Don  Francisco  Borges.  This  indiscreet 
man  had  been  engaged  for  some  time  in  secretly 
exciting  the  minds  of  those  who  entertained  an 
aversion  to  the  constituted  authorities.  His  in- 
trigues engaged  on  his  side  not  a  few  of  his  fel- 
low-citizens, who,  together  with  others  in  the 
neighboring  towns,  raised  the  standard  of  reb^- 
lion  under  his  opmmand.  A  corps  of  veteran 
troops  was  immediately  despatched  against  them 
from  Tucuman.  Borges,  more  skilled  in  forming 
factions  than  in  profiting  by  them  when  formei^ 
was  unable  to  maintain  his  ground :  beaten,  pur- 
sued, and  taken  prisoner,  he  paid  with  his  lire  the 
price  of  his  temerity. 

The  Governor  of  Cordova,  although  possessing 
more  prudence  and  foresight  than  his  predecessor, 
was  unable  to  provide  against  a  conspiracy  which 
surprised  him  in  his  own  bouse.  Bulnes,  from  his 
prison,  colleaguing  with  some  of  those  wretchea 
who  are  everywhere  to  be  found  In  an  unsetiied 


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20SS 


APPMDIX. 


aos4 


OmdUim  qf  South  America. 


slAte  of  aoetet  J,  was  enabled  throngh  this  meaDs 
to  corrupt  the'ffarrison;  and,  not  satisfied  with 
obtaining  his  release,  he  assailed  the  house  of  the 
Qovernor,  whom  he  seized  and  placed  in  confine- 
ment, together  with  the  military  commandant, 
Say  OS. 

The  chief  of  this  plot  was  not  possessed  of  snf- 
ficient  talents  to  direct  any  important  object,  nor 
bad  the  soldiers  whom  he  had  cormpted  a  suffi- 
cient interest  to  serre  hilb.  These  were,  with 
few  or  no  exceptions,  veteran  Spanish  troops  who 
had  deserted  to  os,  and  who  had  been  placed  nn* 
der  the  command  of  a  European,  named  dain- 
tatta,bot  who  would  willingly  sell  themselves  to 
whoever  offered  most.  Bulnes  was  deposed,  and 
in  bis  stead  was  chosen  a  certain  Urtnoei,  a  per- 
son in  whom  the  conspirators  fancied  they  could 
repose  their  confidence  with  greater  safety.  The 
situation  of  the  conspirators  was  critical ;  they 
knew  that  their  indecent  and  dishonorable  eon- 
doet  was  detested  by  the  inhabitants  of  Cordova, 
nnd  that  their  force  was  inadequate  to  sustain 
them ;  they,  therefore,  justly  feared  the  punish- 
ment which  the  Congress  and  the  Director  would 
inflict  upon  their  crimes.  In  this  embarrass- 
ment, they  fell  upon  the  plan  of  compelling  Don 
Juan  Andres  de  Pueyrredon,  brother  of  the  Di- 
rector, to  accept  the  office  of  Governor  of  the 
Provinee,  in  an  open  CabUdo  or  assembly,  com- 
posed chiefly  of  the  factious.  It  was  not  long 
before  all  those  who  were  openly  concerned  in 
this  disgraceful  business  were  obliged  to  beg  an 
asylum  in  Santa  Fe,  to  which  place  thqr  re* 
treated.  Colonel  Sayos^  who,  with  his  officers, 
was  ordered  to  be  conducted  to  some  remote 
plaee,  contrived  to  gain  over  the  guard  to  his 
siJe  at  the  end  of  a  few  days'  march.  At  this 
moment  he  was  accidentally  joined  by  Governor 
Fanes,  who,  by  the  permission  of  Bulnes,  was  on 
bis  way  to  Buenos  Ayr^  They  imnMdiately 
set  about  collecting  a  force  for  the  purpose  of  re- 
taraiog  to  put  down  the  insurrection.  This  con- 
sbted,  however,  of  very  indifferent  militia,  upon 
which  little  or  no  dependence  could  be  placed. 
Notwithstanding  this,  and  the  obstacles  thrown 
in  the  way  by  a  handful  of  vicious,  unprincipled 
men,  the  Governor  succeeded  in  re*establishing 
€Mrd9ri  and  in  entering  upon  the  duties  of  his 
oflice. 

The  chief  of  the  insurrectioh  was  arrested  and 
seat  to  Buenos  Ayres,  where,  together  with  sev- 
eral of  the  Buropean  soldiery  he  was  tried,  con- 
demned, and  executed. 

These  discords  in  the  east,  the  west,  and  the 
north,  contributed  chiefly  to  flatter  the  hopes  of 
oar  enemies,  and  encouraged  them  to  form  new 
plans  for  our  subjugation.  Ten  thousand  Portu- 
gaese,  under  the  command  of  General  Lecor,  in 
three  dirisiona,  were  marched  into  the  territory 
of  the  eastern  shore.  The  first  consisted  of  five 
thousand  men  under  his  immediate  command, 
who  directed  his  march  by  the  way  of  Santa 
Teresa ;  the  second,  under  the  command  of  Gen^ 
erad  Silviera,  consisting  of  sixteen  hundred,  by 
the  way  of  Serno  Largo;  the  third,  which  formed 
the  right  of  the  enemy,  under  Curau,  proceeded 


towards  the  town  newly  founded  by  Artlgas,  in 
the  vicinity  of  the  Uruguay.  It  was  utterly  im- 
possible for  the  General  to  oppose  this  torrent. 
Although  the  Orientals  were  gifted  with  great 
strength  of  body  and  intrepidity  of  rnindf;  yet 
neither  their  numbers,  the  nature  of  their  arms, 
their  discipline,  nor  their  subordination,  could 
enable  them  openly  to  take  the  field  against  in- 
vaders in  these  respeets  so  much  superior.  This 
superiority  very  soon  manifested  itself.  General 
Pinto,  with  nine  hundred  men,  advanced  as  far 
as  India  Muerta.  where  he  was  attacked  by  Gen- 
eral Ribera  with  eleven  hundred  men ;  and,  al- 
though he  sustained  a  vigorous  fight,  he  was 
compelled  to  retire  with  less  than  one-half  of  h(s 
division.  Possessing,  however,  that  coolness 
which  characterizes  the  brave  in  critical  situa- 
tions, he  did  not  neglect  to  detach  a  part  of  his 
force  to  watch  the  operations  of  the  enemy.  Soon 
after  this,  a  detachment  consisting  of  a  hundred 
men  fell  in  with  an  equal  number  of  Portuguese, 
who  had  marched  out  of  Maldonado.  Stung  by 
shame,  and  roused  to  desperation  by  the  disgrace 
of  the  last  affair,  they  rushed  with  irresistible 
fury  upon  their  enemies,  who  were  literally  cut 
to  pieces. 

General  Forguese  was  opposed  to  General  Sil- 
viera, at  the  head  of  eight  hundred  men,  but  was 
more  distinguished  for  stratagem  and  astnteness 
than  enterprise.  It  was  of  great  importance  to 
impede  the  march  of  Silviera,  whose  object  was 
to  form  a  junction  with  Lecor.  Ribera  having 
united  his  force  with  that  of  Forguese,  they  de- 
termined to  attack,  but,  through  some  unaccount- 
able accident,  the  former  retreated  to  Rio  Negro. 
The  Portuguese  army,  although  continually  har- 
assed by  Ribera,  reached  the  Barra  de  Casupa, 
at  Santa  Lucia  Ifi  Grande.  Ribera  did  not  des- 
pair of  being  able  to  defeat  the  enemy ;  but, 
considering  the  smallness  of  his  force,  be  besooffht 
the  town  of  Montevideo  to  send  the  delegate  Bar- 
cino  with  a  reinforcement  of  four  hundred  men. 
The  only  force  that  could  be  spared  was  the  corps 
of  Libertos,  commanded  bv  Colonel  B— — ;  but, 
from  a  spirit  of  rivalry  ill  becoming  the  times, 
this  officer  was  unwilling  to  serve  under  Ribera. 
This  reinforcement  being  thus  denied,  General 
Silviera  effected  a  junction  with  General  Lecor; 
after  which  they  proceeded  to  the  capture  of 
Montevideo^  on  the  19th  January,  1817,  Barcino 
having  abandoned  it  in  much  disorder. 

The  fortune  which  had  formerly  attended  the 
Orientals  was  now  reversed.  They  fled  the  pres- 
ence of  those  whom  they  had  been  before  accus- 
tomed to  repel ;  or,  if  they  showed  resolution,  it 
usually  degenerated  into  rashness.  The  right 
wing  of  the  Portuguese  army,  commanded  by 
Curau,  directed  its  march  towards  the  place  at 
which  the  chief  of  the  Orienuls  was  stationed,  and 
arrived  at  the  Arrayo  de  los  Catalanos.  This  fron- 
tier was  defended  bv  General  La  Torre,  with  three 
thousand  men.  Full  of  an  arrogant  confidence, 
which  did  not  permit  him  to  calculate  the  risk, 
he  determined  on  attacking  the  enemy.  Mon- 
dragor,  who  commanded  the  cavalry,  with  more 
prudence,  remonstrated  against  this  step,  alleging 


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2iMk 


Aj^mmm. 


20M; 


QMiikm  tf  Sm^  Ammriea. 


tbut,  JiAviiif  had  the  good  ibrlvoe  to  deprire  the 
enemy  of  hie  horseB,  ozeO}  and  eajcts,  these  ought 
firel  to  he  eeeared,  before  expouog  bimeelf  asew 
to  the  chMce  of  battle^  whieh,  ceasidefing  the 
preteot  sitaiuioa  of  the  Portaguefte»  must  be  ez- 
trenely  doobtfni  La  Torre,  either  not  eon- 
Tiaeed  by  thie  reaspaiDg,  or  deuisiac  it,  eacereised 
hie  amhorityt  aad  iiniirttdeiitly  fell  apoa  the 
eaeniy  with  his  whole  foroe.  The  aetioa  was 
obeUMie  aod  bloodyi  bat  ternMnate^l  ia  the  most 
disasUoue  naaaer.  Qeneral  Aitigat  occupied  a 
poeilioa  some  dietaaae  io  the  reaf ,  with  a  email 
coape  of  ooe  hnndred  men.  The  eoaseqaeoce  of 
thie  un^brtanale  afiair  reaohed.  rren  his  eneamp- 
meaV  Here  he  wis  sarariaed  by  four  haadred 
mea^  and  was  only  eaabied  to  eeea^  witk  the 
assistance  of  a  Chaioa  Indian,  but  wkh  the  loss 
ofalliusbad[0^$e. 

la  the  midst  of  the  progcees  of  Lecor,  he  foimd 
himeelf  all  at  once  shut  up  in  Monjte?ideo^  suffer*- 
log  huni^  and  all  the  prifatioiis  of  a  siege.  His 
siiaation  becoming  intplerable,  he  masehed  with 
two  thousaad  mea  ia  search  of  cattle  and  other 
paef ieions«  The  indefatigable Ribera^whoclosely 
watched  his  moiemeats,  prepared  aa  ambuscade 
with  much  sagacity  at  the  pass  of  San  Lucia, 
anid^  causing  no:  smaU  lose  to,  tha  eaemy « aiuined 
hie  object  foe  the  momeat..  Leeoe  was  not  com- 
peUed,  however,  to  abandon,  his  enterprise,  but 
pceceeded.  as  far  as  the  pass  of  Pinto,  where  he 
wae  agai»  attacked  by  Ribeni,  and  experieaced 
a  lose  of  two  hundred  men.  These  aoTaiiiages 
were  of  too  partial  a  iiatare  to  enable  the  Qrien* 
tale  to  deriYe  hopes  fmm  them  ia  the  faoe  of  an 
enemy  eo  pewenul^  They  contributed  chiefly  to 
raise  the  reputation  of  Riherai. 

The  cry  now  became  untTersal  on  the  part  of 
the  Orieataio,  and  ewen.  of  th^f  chiefs^  for  a  re* 
establishmea^  of  their  uaioa  wttn  Buenos  Ayres, 
as  the  only  means  of  finding  shelter  from  the 
desolatini^  tenqtest  In  rirtue  of  this  state  of 
mmdi  a  communioalioa  was  opened  whh^  the 
Director^whaat  oace  met  so  deam^le  a  propor- 
tion, and  immediately  sent  a  supply  of  arme  and 
mnnitione  of  war  by  way  of  Colonia.  Although 
Rihera  had  given  his  coaseaft  to  the  uaion^  he 
stipulated  to  withdraw  it,  in  case,  it  should  not 
meet  the  approbation  of  Ariigas.  For  this  pur- 
peee,  he  communicated  the  stipulation  he  had 
entered  into,  in  his  abieace,  to  that  chief.  To 
Artigas  it  was  of  little  importaace  that  such  an 
CTeat  would  be  advantageous  to  the  ropublio  ^  he 
saw  .in  it  ^kothiag  but  a  diminution  of  hie  own 
consequence  and  power.  In  ordet  to  prevent  the 
disconteai  wbieh  hie  refusal  might  produce,  at 
the  same  time  that  with  one  hundred  men  he 
went  down  to  dissuade  Ribera,  he  caused  hie 
pattisane  to  circulate  the  most  scandalous  abuse 
of  the  capital  and  iteintetttiens,moclaiming  that 
a  uaion  with  the  capital  would  oe  a  union  with 
peifidjr  and  rohberytand  that  it  woiihi  be  ex- 
changing their  liberty  for  a  shamefol  and  atfo* 
cieua  servitude.  These  odiousimputations  could 
not  fail  of  producing  an  e&ct  upon  the  simple, 
"antt-meaaing  people,  who  reposed  implicit  confi- 
dtast  in  Arugee,aa  well  es  in  the  minds  of  those 


who  had)  on  fhnaer  oeeasions^  been  ilUiealed  bf 
the  (iofvernment  of  Buenos  Ayrae^  of  whi^  aaaao  • 
her  was  Ribeta.    Tha  parly  in  fwvcft  cl  aaioia ' 
was^  however^  too  streitf  to  be  eaeily  dissuaded^ 
from  its  purfiosei    In  fact,  Baninoe  Baosa,  eok* 
onel  of  the  Libertos,  Ranios,  commander  of  tha 
artillery,  a  body  of  ohaeeeurs^  and  some  corps  of 
militia,  under  the  command  of  Don  Tames  Qai^ 
cia^  having  elected  the  latter  as  their  comaMnder^ 
entered  into  articles  oruaion  with  Boeoos  Ayiea.' 
Ribera,  oftaded  with  an  act  vrWch  was  very 
little  short  of  a  revolt  against  him  by  a  part  oi- 
the  tioops.  under  his  commaad,  hastened  with 
three  huadrcd  chosen  men  to  call  them  to  an  ac* 
count  for  this  precedoBe.    AftM  some  warm  al« 
tercation,  Qarcta,  being  the  strongest,  remained' 
wkh  the  command,  and  Ribera^  sendinc  a  copy - 
of  the  ofinsive  articles  to  Aitigas,  caOed  for  a 
detachmeai  of  five  haadrnd  men  fot  the  purpoee 
of  attacking  his  opponents.    It  was  well  knows* 
that  Anigae  would  destic^  without  mercy  those 
who  set  about  diminishmg  his  aothorit^r.    In 
truth,  this  man,  taking  counsel  only  from  his  ana» 
bition,  and  from  n  mttehievoae  Franciscan  fHniv 
who  for  a  long  time  had  awaved  him,  reaolvei  io 
comply  with  the  request  of  Ribem  with  all  po». 
sible  expedition.    Gfeneral  Forges^  one  oi  the  • 
most  repute  aoMag  the  Qdentus^  oppoaed  with 
energy  a  measttse  which  vnu  about  to  awakea  the^ 
horrors  of  civil  wan,  and  declared  fbr  a  uaJon 
with  the  capital*    Oi  the  five  hundred,  only  fiftf 
were  despatched  to  Odonia,  under  the  pretest  ol' 
defending  thie  place,  which,  was  threatened  by  a 
Portuguese  fiotiUU)  but  wkh  the  real  intention  of  > 
uniting  with  Ribera,  and  te  mdie  war  upon  theee^ 
who  should  be  in  fiivor  of  the  union.    The  paMy 
of  Artigas  prevailed.    The  Director  had  hoped 
that  the  Orientals,  won  over  by  his  friendly  eoa* 
duct,  wttttld  lower  their  pretensions,  but  his  pa-^ 
tience  was  weariedoot  by  so  mneh  obstiaa^.  ' 

While  these  clouds  obarared  the  cast,  the  west- 
appeared  more  serene^  the  Qevernor.  of  Gsyec 
Colonel  Don  Jos4  de  SaaMaEtin^  a  awn  bold 
enough  to  conceive  great  desigas,  sufficiently  « 
{over  of  glory  to  devote  himself  to  them^and  not  - 
wanting  good  fortune  in  their  execution,  had  fbi 
some  time  pest  medimted  in*  silence  w  recea*^ 
quest  of  Chili.  This  country  had  been  com* 
pletely  subdued  by  the  Spaniards ;  more  than  one 
hundred  of  the  most  inmieatial  people  had  been 
banished  to  the  ishind  of  Juan  Remaadez ;  tke 
inhabitants  oompletely  disarmed,  and  heU  under 
the  most  rigid  subjection  ^  their  secret  wiaheBi 
however,  as  may  be  readily  stmposed,  were  in 
favor  of  independence,  andi£ien  Maitin  had  every- 
reason  to  believe  that,  if  he  could  cross  the  anoaa^ 
taina  with  a  reepectable  army,  he  would  havenone 
bat  the  Spaniards  to  contend  with,  and  would  find 
the  people,  as  far  as  was  in  their  power,  dispoeed  to 
co-cferate  with  them.  The  situation  of  tne  Uni« 
ted  Provinces,  contansally  threatened  from  Chils 
and.  Peru,  plainly  pointed  out  the  immenseimpofft^' 
ance  of  expelling  tha  Spaaiards  fremtheformer^  byx 
which  means  they  would  at  the  same  timestrilM 
the  severest  blow  to  their  enemy,  and  gaia  a  paw- 
erfsd  ally.  A  aease  of  duty  else  called  upon  tbaaa ' 


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20t7 


AFFBHBSSU 


2088: 


CkMtkm  of  Shaah  Ammca. 


to  assist  tliek  breftbf ee,  tkMe  wbo,  on  a  former 
ocoasm,  when  Bimiios  Ayres  was  threatened  bv 
the  SpaiMsh  geneiml  Elio,  had  contribvled  both 
mea  ai»d  SKHiejr  to  h^  assistance.  Bat  the  ehief 
difficulty  lay  in  procnring  the  means  of  raising 
suek  an  ^^^Y  a>  would  be  adequajte  to  the  enter- 

{^rise.    The  State,  notwithstanding  its  recent  dec- 
aration  of  independence^  was  at  no  time  since 
tho  commeneemient  of  the  war  in  n  condition- so 
deplorable  |  it  might  almost  be  said  to  be  drifting 
at  the  mercy  of  the  winds  and.  waves.    The  pcoT« 
ince  of  Cnyo,  at  the  first  glance,  seemed  to  prom- 
ise less;  iu  soil  bnt  inoiffereat,  its  population 
small,  its  prodncu^  of  iaAe,  madi  redueed  m  ?alue^ 
and,  as  the  frontier,  contiauaUy  exposed  to  tho 
invasion  of  the  Spaniarda.    Rut  San  Martin  posi- 
sesaed.  the  talent  of  winning  the  hearts  of  those 
wUb,  whom  howaa  connected,  of  awakening  the 
hi^ert  passiooji,  and  of  enlisting  them  not  by 
hures^  but  entirely  in  hie  plans.    He  had  pos- 
seaaed  himself  sq  completely  of  the  afiections  of 
the  people  of  Cuyo,  thai  they  |)hiQed,  without  le- 
8erv%  evervthing  thc^  had  at  hia  disposal.    They 
freely  yieloed  up  thCiir  male  slaves,  to  the  number 
of  SIX  hsondred ;  they  furnished  three  thousand 
henea,  teo;  thousand  mules,  and  contributed  their 
peiaQaaiservieaa  for  theconatroctlon  of  quarters, 
encampments,  armories,  and  in  conduotinff  troops 
and  monitiona  from  Boenoa  Ayree.    Much  of 
this  18  doubtless  to  bo  attributed  to  the  modera- 
tion and  selfnienia],  both  in  public  and  private 
lifr^  of  the  chief  who  com«annded*-^ho  best  se- 
curtf  y  for  the  confidence  of  the  people ;  but  it  is 
likewise  to  be  attribiued  to  a  cauee  which  does 
much  honor  to  the  province,  to  wit,  ita  uniibim 
pntfiotism  and  good  conduct.    Correct  morals 
ar«  most  conducive  to  love  of  oowHry,  and  love 
of  country  is  not  lese  conducive  to  good  morals. 
Had  thay  been  lese  pure,  this  palriotism  would 
liave  been  less,  and  lese,  also,  would  have  been 
the  inflwnee  of  San  Martin*    After  a  twelve- 
month spent  in  collecting,  organising  and  disci- 
plining nis  army,  which  at  the  saom  time  afforded 
Jdarco  an  opportunity  of  making  the  necessary 
preparations  to  oppose  him,  San  Martin  put  ia 
execution  hia  darmg  attempt  to  cross  the  Andes. 
The  mere  idea  of  suck  an  uadertaking  is  enough 
to  strike  the  mind  witk  astonishment^  as  amounts 
iDtf  almost  to  a  violation  of  the  laws  of  nature. 
we  can  Ibrm  but  a  iaint  idea  of  this  enterprise, 
when  we  consider  that  the  mountains  to  becroesed, 
fof  one  hundred  leagues,  are  the  higheet  on  the 
globe,  with  defiles  so  narrow  as  not  to  admit  two 
persons  abreast  along  the  giddy  verge  of  frightful 
goUs,  while  the  severity  of  the  climate  seemed 
to.  contend  with  the  ruggednesaof  the  passage; 
added  to  these,  the  difficulty  of  transporting  aa- 
tUlery,  at  the  same  time  embarrassed  with  the 
baggage  and  provisions  for  thirty  days,  and,  after 
all,  trusting  to  the  uncertain  chances  of  success 
after  the  termination  of  these  labors  and  fatigues;, 
iia  trothy  when  everything  is  considered  fairly, 
this  achievement  may  justly  rank  with  the  nmat 
ealebrated  of  those  recorded  in  history.    In  thtr^^ 
teen  daye  the  armv  effi^cted  its  pasaage,  with  the 
loaa  o£  about  Hj^  umusaad  horaeenad  moles,  and 


of  a  small  number  of.  mm.  chiefly  blacks,  who 
were  unable  to  stand  the  cold.  After  some  slight 
skirmishes,  the  army  took  op  its  position  at  Aco- 
racooga. 

The  passage  of  the  mountains  was,  in  itself;  an 
achievement  of  a  nature  to  give  assurances  of  the 
result.  The  heroic  army  which  had  vanquished 
the  Andes,  fighting  under  the  banners  of  liberif 
and  the  country,  could  no  more  be  resisted  than 
a  torrent  of  the  moiiniains.  The  splendid  triamirfi 
of  Chaeabuco^  which  took  place  soon  after,  raised 
San  Martin  to  the  pinnaek  of  glory,  and  gave  a 
new  aspect  to  the  affiuts  of  SouA  America.  ^  In 
tweaty^fbur  days^^'said  the  General,  *^  we  have 
terminated  the  campaign ;  we  have  crossed  tho 
most  elevated  mountains  of  the  globe;  put  an 
end  to  the  sway  of  tyrants,  anf  given  liberty  to 
Chili."  The  President  Marco  was  taken  prisoner^ 
and  the  remains  of  his  fbrcee  took  refiiffe  in  tho 
fortress  of  Talcaguana.  A  Junta  of  the  ChQians 
was  convened  at  Santiago ;  through  j^titude  to 
San  Martin,  they  oflbred  to  invest  him  with  the 
Directoishi  p,  which  he  declined ;  they  then  elected 
Don  Bernardo  O^Hi^os*  The  Chiliane  after- 
warda  sought,  by  various  modes,  to  express  their 
gratitude  to  the  Ckmral  of  the  Andea^  by  which 
name  San  Martin,  by  a  kind  of  involuntary  con- 
currence, was  now  distinguished ;  but.  consider- 
ing these  offers  as  incompatible  with  the  no- 
tions of  greatness  which  he  entertained,  thcf 
were  positively  declined.  It  would  be  improper 
not  to  mentioft  the  restoration  o(  the  banished 
C^ians  to  their  families,  which  was  almost  the 
first  act  of  the  Qovernment.  San  Mav tin  returned 
to  Bmnos  Ayres  to  receive  new  orders  and  con- 
cert new  plana  with  the  Qovernment,  all  eyes 
beiuff  new  turned  towards  P«ru,  as  the  ouarter 
in  which  their  long^looked  for  pesce  and  liberty 
would  be  sealed.  On  approachiog  MendoB%  the 
eapital  of  Coyo^  he  was  met  by  its  inhabitants^ 
the  youth  suewmg  roses  in  the  road,  and  ail  de- 
monstrating the  most  heartfelt  expressions  of 
regard;  the-  inhabitants  of  Buenos  Ayres  were 
equally  desirous  of  showiag  every  mark  of  ven- 
eration for  this  hero;  but  San  Martin,  being  ap- 
prised of  their  preparations,  stole  into  the  town 
unobserved.  Some  are  disposed  tocondemn  what 
appears  to  them  an  affected  squearaishness  and 
false  delicacy,  in  thus  declining  honors  which 
are  known  in  general  to  be  grateful  to  the  human 
heart ;  but,  for  this  very  reasob,  in  my  opinion, 
it  is  great  aad  noble  to  decline  or  despise  tbem. 

The  cause  of  the  State,  in  Peru,  when  con^ 
ducted  by  the  virtues,  experience,  and  abilities 
of  Belgrano,  who.  on  his  return  fVom  his  import- 
ant mission  to  Buropcj  had  once  more  assumed 
the  command,  was  again  seen  to  revive.  In  the 
rei^ontres  already  related  we  have  seen  that 
victory  had  also  returned  to  our  side.  General 
Seraa,  who  succeeded  Pescuek,  was  not  pos- 
sesaad  of  the  abilities  of  his  predecessor;  Al* 
thmigh  the  celebrated  leaders  Padilia  and  Merce- 
ces  were  killed)  Wnrnes  and  Ganderilla  and  Fer- 
nandez supported  the  cause  of  their  country. 
By  theee  the  sanguinary  Facon  was  pushed  to  the 
very  verge  of  tho  ptecipiee ;  but  this  victim  was 


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2M0 


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r^mrrtd  for  another  bmo^:  a  nif  of  lightniDg 
seat  from  Heaven  pot  an  end  to  his  days  and 
his  cruelties.  His  armf  was  redaoed  almost  to 
nothing. 

General  8erna  discovered  only  a  Tain  and 
arrogant  confidence  in  bis  own  powers.  He  had 
scarcely  assumed  the  command,  when  he  con- 
ceived the  design  of  attempting  the  reconquest  of 
Salta  and  Jujay,  and  even  of  Tucumaa.  The 
history  of  his  predecessor  ought  to  have  opened 
his  eyes.  These  places  had  proved  the  sepulchres 
of  the  Spaniards,  and  he  might  cause  them  to 
be  ao  again.    These  admonitions  were  disre- 

eirded  bv  Serna,  who,  more  hsu^hty  than  the 
night  or  La  Mancha,  entered  Jujuy  at  the  head 
of  an  army  of  upwards  of  two  thousand  men. 
Qovemor  Quemes  rendered  the  possession  of  the 

Kce  little  better  than  a  trap  for  his  destruction, 
and  his  brave  countrymen  invested  him  so 
doeely,  that  he  soon  began  to  repent  of  his  folly. 
His  forces  were  incessantly  harassed  by  a  great 
number  of  guerrillas,  and  much  reduced  by  the 
actions  of  Baa  Pedrita,  Huniaquaca,  Tarija  el 
Barrada,  and  others.  From  the  deserters,  who 
werecootinually  cominj^ over,  with  misery  painted 
in  their  countenances,  it  af>peared  that  tbey  were 
perishing  of  famine  in  their  trenches.    Quemes, 

with  his  brave  officers,  Roxas  A ,  Tarenos, 

La  Madrid,  Cardad,  dbc.,  compelled  Serna  to  re- 
tire^ at  last,  with  great  loss,  and  to  renounce  his 
designs  upon  the  cities  before  mentioned.  These 
flattering  occurrences  were  only  interrupted  by 
the  lamentable  rivalry  of  the  Orienuls  with  the 
capitsl.  Although  Artigas,  by  means  of  his 
chiefs,  succeeded  in  gaining  over  the  greatest 
part  of  those  whom  bis  conduct  had  alienated, 
there  were  still  many  who  remained  firm  in  their 
resolution  of  a  separation  from  his  authority^a 
conduct  which  they  considered  necessary  to  the 
safety  of  the  Republic.  Of  these,  not  a  few  were 
of  the  province  of  Entre  Rios,  by  their  chiefs, 
Brenu  and  Samanuego,  who,  lowering  their  tone, 
acknowledged  that  they  bad  been  wrong,  and 
sought  the  friendship  of  the  Director.  A  cir- 
cnmsunce  which  might  possibly  lead  to  the  over- 
throw of  an  ambitious  man,  and  assure  the  liberty 
of  the  country,  was  not  to  be  despised.  Resent- 
ment for  personal  insult  might  also,  perhaps, 
have  had  its  influence  with  the  Director ;  he  had 
just  received  from  Artigas  a  letter  couched  in 
the  most  declamatory  and  abusive  language,  ac- 
cusing him  of  paying  no  regard  to  his  ofiers,  by 
letter,  of  sending  deputies  to  the  union,  charging 
him  with  connivance  at  the  supplies  furnished 
the  Portuguese,  with  being  in  their  interest,  and 
threatening  to  pursue  him  even  into  the  capital 
itself. 

1818.— The  Director,  with  a  view  of  securing 
the  Bazada  de  Santa  Fe,  which  commands  the 
interior  country  of  Buenos  Ayres,  and  at  the 
same  time  of  furnishing  assistance  to  the  inhab- 
itants of  Entre  Rios,  despatched  a  body  of  troops 
under  Kiontes  de  Oca.  These  were  furiously  at- 
tacked by  a  dcitacbment  from  Artigas,  and  com- 
pletely defeated.  This  unfavorable  occurrence 
did  not  deter  the  Director  from  hU  design ;  he 


despatched  Colonel  Marcos  Bafcaree  with  rein- 
forcements to  Uke  the  fleld  anew.  The  Orien- 
uls. inflamed  by  that  rage  which  characterixea 
civil  wars— and  the  more  on  this  occasion,  as  they 
regarded  themselves  as  ungenerously  attacked  by 
their  countrjrmen,  at  the  moment  thev  were  fight- 
ing the  enemies  of  the  Republic — with  an  impetu- 
osity bordering  on  desperation,  fell  upon  the  army 
of  Balcarce,  and.  after  a  short  but  brave  resistance 
on  the  part  of  the  latter,  victory  declared  itself 
for  the  Orientals.  Let  us  deeply  lament  the  fatal 
policy  or  necessity  of  delaying,  with  our  own 
hands,  the  progress  of  events  by  which  we  are  to 
gain  our  independence^  and  turning  upon  one 
another  those  arms  which  ought  to  be  reserved 
only  for  our  common  enemies. 

About  the  same  time;  news  of  a  much  more 
serious  nature  reached  the  capital^  and  produced 
the  most  painful  sensations.  While  San  Martin 
and  O'Higgins  were  endeavoring  to  reduce  the 
last  8tronfl[hold  of  the  Spaniards  in  Chili^  (the  for- 
tress of  Talcaguna,)  the  Viceroy  of  Lima,  with 
all  possible  despatch,  threw  fifteen  hundred  men 
into  that  place,  which,  in  point  of  strength,  mar 
be  compared  to  Qibraltar.  The  army  of  Chili, 
under  the  command  of  San  Martin  was  increased 
to  nearly  double  itk  number  by  the  new  levies 
among  the  Chilians;  but  time  was  requisite  to 
train  and  discipline  them.  O'Higgins  took  pos- 
session of  the  town  of  Conception,  of  which  Tal- 
caguana,  is  the  seaport.  Here  a  great  part  of  the 
Summer  was  passed  away  in  skirmishes,  in  which 
the  enemy  were  generally  worsted.  San  Martin 
was,  however,  occupied  in  designs  of  greater  mag^ 
nitude.  He  was  unremittingly  engaged  in  pre- 
paring to  strike  the  same  blow  in  Peru  which  had 
so  successfully  paralyzed  the  power  of  Spain  in 
Chili.  The  want  of  transports  was  the  principal 
cause  of  delay,  as  a  march  through  the  desert  of 
Atacama  would  be  impracticable.  The  Yicerofi 
dreading  the  enterprise  of  San  Martin,  and  know- 
ing the  materials  by  which  he  was  himself  sur- 
rounded, conceived  it  most  prudent  to  risk  the 
fate  of  Peru  in  Chili.  Accordingly,  aAer  an 
effort  which,  in  the  present  fallen  state  of  the 
Spanish  power,  might  be  considered  great,  he 
collected  about  five  thousand  men,  who  were 
hastily  embarked  for  Talcaguana  under  Osorio. 
leaving  Peru  entirely  defenceless.  Osorio  had 
scarcely  reached  that  place,  when  he  commenced 
preparations  for  proceeding  directly  to  the  capi- 
ul  of  Chili.  He  calculated  with  confidence  on 
the  superiority  of  his  troops  over  those  whom 
experience  had  not  yet  taught  him  to  res^L 
He  also  flattered  himself  with  being  able  to  over- 
take the  army  of  O'Higgins  before  he  could  form 
a  junction  with  San  Martin.  Osorio,  taking  #ith 
him  nearly  all  the  garrison  of  Tulcsguana,  to- 
gether with  two  thousand  of  the  natives  of  Chili, 
marched  rapidly  through  the  province  of  Concep- 
tion with  an  army  of  nearly  eight  thousand  men. 
Before  he  passed  the  Maole,  the  patriot  array  had 
already  formed  a  junction,  and  consisted  of  an 
equal  number  of  regulars,  besides  considerable 
bodies  of  the  militia  of  the  country;  lo  a  few 
days  it  was  completely  organised  and  conaoH- 


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APPTHJDIX. 


S042 


Qmditian  qf  SmOh  Ammca. 


dated ;  bat  so  large  a  body  of  meo,  when  collect- 
ed, 800Q  began  to  experience  considerable  wants. 
The  capital  of  Chili  confidently  trusted  to  the 
abilities  and  valor  4)f  San  Martin ;  while  the  cir- 
cumstance of  the  wants  of  his  army,  when  made 
known  to  them,  afforded  an  opportunity  of  dis* 
playing  a  magnanimity  which  we  have  unjustly 
supposed  to  have  been  buried  beneath  the  ruins 
of  Qreece  and  Rome.  San  Martin  announced 
that  his  army  was  ready  to  take  the  field  against 
the  enemies  of  the  country,  and  that  all  were 
willing  to  sacrifice  their  lives  in  its  defence,  but 
that  it  was  in  want  of  bread  and  other  supplies. 
The  effect  which  this  intimation  produced  in  the 
noble-minded  people  of  Chili  is  best  displayed  in 
the  reply  which  they  made  through  the  different 
officers  of  the  municipalitjr  and  corporations. 

"  Tour  Eieellencf,"  said  they,  ^  has  just  in- 
formed us  that  our  brethren  in  the  field  of  battle 
are  in  hourlv  expectation  of  being  called  upon  to 
ahed  their  blood  and  sacrifice  their  lives  for  our 
preservation.  Tour  £Ixcelleacy  recalls  to  our 
recollection  the  sad  image  of  Uhili  laid  waste, 
for  two-and-a-half  years,  with  an  atrocity  truly 
Spanish  \  and  our  children,  our  fathers,  and  our 
wives,  terrified  at  the  chains  and  gibbetsvprepar* 
ing  for  them  by  the  monsters  that  have  reached 
in  the  plains  of  Talca,  turn  their  tearful  eyes 
towards  the  brave  that,  on  the  banks  of  Tangueca, 
have  sworn  to  perish  sooner  than  behold  their 
desolation.  But  your  Elxcellency,  at  the  same 
time,  intimates  to  us  that  these  brave  men  are  in 
want  of  bread  and  other  supplies,  in  order  to 
sustain  the  vigorous  arms  destined  to  exterminate 
our  enemy ;  and  that  the  public  fund  having 
been  exhausted,  there  scarcely  remained  a  suffi- 
ciency for  the  hospital  where  the  wounds  received 
ID  our  defence  are  to  be  healed.''  *'And  what 
does  your  Excellency  expect  will  be  the  reply  of 
the  Chillians  to  a  representation  so  mournful  and, 
affecting?  That  all  our  fortunes,  without  re- 
serve, belong  to  our  country.  That,  from  this  mo- 
ment, we  request  that  your  Excellency  will  be 
pleased  to  accept  the  spontaneous  offer  of  what- 
ever silver  we  have  In  ojar  possession,  together 
with  the  vow  which  we  make  before  our  coun- 
try and  the  universe,  that,  so  long  as  the  war 
shall  last,  and  the  wants  of  Chili  may  require  it, 
there  shall  not  be  seen  a  single  article  of  plate  in 
oar  hoases. 

**  The  people  of  Chili  are  unwilling  that  the 
silver  of  the  churdies  should  be  touched  until 
that  which  bebnga  to  ind  i viduals  shall  be  entirely 
exhausted.  We  shall  then  humbly  say  before 
the  Supreme  Being— To  preserve  the  precious 
gifts  of  life  and  liberty  which  thou  hast  bestowed 
upon  us,  we  present  ourselves  naked  to  implore 
thy  protection,  while  we  endeavor  to  support  thy 
ordinances  with  the  aid  of  those  things  which 
we  had  set  apart  to  adoi;n  thy  worship.  Oar 
vows  and  ardent  adorations  shall  henceforth  be 
the  most  pure  and  becoming  homage  we  can  offer 
thee. 

"  In  the  meanwhile,  will  your  Excellency  be 
pleased  to  accept  the  offer,  on  the  part  of  the 
secular  and  regular  clergy,  of  whatever  articles 


of  plate  belonging  to  themMn  particular,  and 
which  do  not  appertain  to  the  ceremonies  of  reli- 
gion, and  whatever  belongs  to  the  magistrates 
and  corporate  bodies,  which  we  offer  in  our  name 
and  in  the  name  of  the  people  of  Santiago  ? 

^  Your  Excellency  will  therefore  be  pleased  to 
accept  these  offerings,  and  to  inform  our  brethren 
that  they  may  rely  on  the  utmost  exertions  of 
our  gratitude." 

This  unexpected  but  sublime  display  of  grati- 
tude was  replied  to  by  the  Director  in  a  suitable 
manner.  Accepting  their  offer,  he  declared  him- 
self unable  to  find  expressions  sufficiently  strong 
to  do  justice  to  the  magnanimity  of  their  oon- 
doct;  but,  for  the  purpose  of  commemorating  so 
glorious  an  action,  he  ordered  the  following  in- 
scriptions to  be  engraven  on  the  two  ooluoias 
which  adorn  the  eastern  and  western  entrances 
of  the  city : 

"On  the  5th  of  March,  1818,  the  people  of 
Santiaffo  voluntarily  stripped  themselves  of  all 
their  plate  and  utensils  ot  silver,  protesting  that 
thev  would  acquire  no  others  until  their  ooantry 
shall  be  out  of  danger." 

''Nations  of  the  universe !  strangers  who  enter 
Chili !  say  whether  such  a  people  deserve  to  be 
slaves !" 

The  patriot  army  lost  no  time,  after  its  junc- 
tion, in  marchinff  to  meet  the  enemy.  The  army 
of  Osorio  had  already  passed  Talca;  it  was  not 
long  before  a  contii^ual  skirmishing  took  place  be- 
tween the  invaders  and  the  patriots.  These  were 
kept  up  for  several  days,  until  the  10th,  when 
an  afiair  of  some  importance  took  place  betWMu 
the  advanced  corps  under  O'Higgins  and  a  part 
of  the  Spanish  army,  in  which  th^  latter  was 
compelled  to  fall  back  with  considerable  Ion, 
being  pursued  into  the  very  streets  of  Talca. 
The  whole  Spanish  force  had  been  compelled  to 
fall  back  upon  its  steps.  Osorio  now  discovered 
that  his  contempt  of  San  Martin's  army  had  led 
him  into  error  \  it  was  so  much  superior  to  his, 
particularly  in  cavalry,  that  the  chances  of  suc- 
cess would  be  decidedly  against  him,  knowii^: 
that,  in  all  probability,  San  Martin  would  attack 
him  the  next  morning  with  his  whole  force ;  and 
that,  if  defeated,  with  a  large  river  and  numerous 
bodies  of  militia  in  his  rear,  retreat  would  be  no 
longer  possible.  In  this  critical  situation,  by  the 
advance  of  General  Ordines,  he  determined  to 
select  two  thousand  of  his  best  troops,  and  trv 
the  fortune  of  a  night  attack,  which,  if  successfal, 
would  enable  him  to  retire  without  fear  of  pur- 
suit. The  principal  part  of  the  army  had,  in  the 
evening,  halted  within  a  short  distance  of  Talea ; 
the  remainder  of  the  infantry  having  arrived, 
and  the  ground  beins  recoonoitered,  orders  were 
given  about  nine  o'clock  for  each  division  to  oc- 
cupy the  position  assigned  to  it.  The  right  wing 
had  ^already  been  posted,  and  the  left  was  also  in 
motion,  when  the  enemy  rushed  upon  them  in 
the  most  furious  and  unexpected  manner;  the  bag- 
gage and  artillery  were  first  thrown  into  confu- 
sion, which  was  soon  communicated  to  the-troops 
on  their  march ;  these,  after  a  short  resistance, 
broke  and  dispersed  in  every  direction,  in  spite 


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ABPMiDIX. 


^1044 


&miliiMi^  iSMf^  Ammita. 


of  the  »z«rtiODs  of  their  hUen.  The  Director 
of  Chili,  who  eommanded  in  perdoo,  iras  «e- 
terely  wocmded  in  the  arm  in  his  efforts  to  rally 
tbem.  The  right,  howerer,  ukider  the  iaamediate 
commmod  of  that  ezeeUent  officer,  Coloael  Lai 
Hef««.  retired  in  gpeod  order,  and,  tc^ether  with 
tMtte  bodies,  collected  by  the  exertions  of  Saa 
Martin  aiMl  his  officers,  contlniied  the  eontest  for 
sone  time,  bot  were  compelled  at  last  to  giro 
war.  The  next  vnoroiog  presented  a  spectacle 
tt«y  tttehtncholy^^^n  army,  of  which  the  dav 
before  oar  ooantrr  might  justly  hare  been  prona, 
cht  best  appointed  ttmt  tiad  taken  the  fidd  on  the 
sMe  of  .independence  in  South  America,  stripped 
of  its  attillery  and  baggage,  and  more  than  one* 
half  dispersed,  nod  this  Without  having  been 
tetten. 

aan  Manin  conducted  the  Aragmenis  of  hit 
army  to  the  narrow  pass  of  Anguleqftu,  which 
lies  on  fhe  vouie  to  Santiago,  and  which  the  ene* 
mreoold  notaftoid  without  making  a  very  eon* 
aidewble  circuit  Here  be  remained  in  the  most 
.  fMiiiAil  eitnatiott,  deprifed  of  his  baggage,  nnd  hil 
men  in  want  of  ererytbing.  In  the  meantime, 
the  stfOggleia  dispersed  through  the  falleys  of 
Ohtli,  sorend  the  most  disheartening  accounts 
among  the  inhabitants,  and  so  complete  was  sup* 
yo4ed  to  have  been  the  defeat  of  San  Martin,  that 
the  (partisans  of  Snain,  wherever  anv  of  them 
happened  to  be,  eoviid  scarcely  refrain  from  open* 
Iv  declaring  themselves.  San  Martin,  with  the 
Director,  whose  presence  was  required  in  the  cap- 
ital, made  it  a  hastjr  visit,  for  the  purpose  of  in"- 
sphring  confidence  in  the  people,  and  of  procuring 
the  mesins  of  recomposing  his  army.  He  now 
jvdged  it  most  prudent  to  fall  back  upon  the  cap* 
ital,  where  his  armv  could  be  recruited  with 
^reAter  celerity,  and  intending,  in  case  of  defeat, 
to  retire  into  the  citv,  which  the  Director  was 
actively  engaged  in  placing  in  a  state  of  defence. 
The  army,  under  the  creative  hand  of  San  Mar 
tin,  with  a  celerity  almost  incredible,  in  the 
•ourse  of  a  few  days,  and  after  a  march  of  eighty 
kngues,  once  more  presented  a  formidable  front 
on  (he  plains  of  Maipu.  The  most  animated 
proclamations  were  circulated  through  the  coun- 
try by  him  and  the  Director;  hope  was  seen  to 
revive,  and  the  Patriot  armv  was  animated  by  a 
desperation  ffathered  even  from  its  late  disgpce. 
The  news  of  this  iamentable  occurrence  arriving 
at  the  same  thne  with  that  of  the  misfortimes  ^ 
the  eastern  shore,  cast  a  gloomy  shade  over  Bue^ 
DOS  Ayres.  The  most  melancholy  anticipations 
filled  the  breast  of  every  American,  While  the 
Spaniards  among  us  discovered  their  joy,  on 
some  occasions^  with  very  little  discretion.  Out 
apprehensions  induced  us  to  believe  that  the  af* 
fairs  of  Chili  were  still  worse  than  the  Govern- 
ment had  been  willing  to  communicate;  the  very 
importance  of  the  contest  in  that  country  was 
enough  to  produce  doubts  in  the  minds  of  the 
most  sanguine.  Osorio,  finding  the  success  of 
his  attack  to  have  so  far  exceeded  his  expecta- 
tions, determined  to  follow  up  his  blows,  bu^  hav- 
ing experienced  a  considerable  loss,  he  was  some- 
what retarded  in  setting  off;  his  march  was,  not- 


withstanding, rapid,  haviuffapproacfaed  tfaeMaipu 
in  twelve  days  after  the  dispersion  of  the  Patriot 
army.  On  the  third  and  fourth  of  April  there 
were  frequent  skirmishes,  and  early  in  the  morn- 
ing of  the  fifth  the  two  armies  came  in  sight  of 
each  other,  the  body  of  the  Spanish  forces  hav- 
ing crossed  the  Maipu.  The  whole  morning  was 
piKsed  in  mancBttvring;  each  chief  in  vain  endeav- 
ored to  gain  some  advantaffc  over  bis  opponent. 
San  Martin  rode  incessantly  along  his  lines,  ad- 
dressing each  individual  corps,  and  infusing  into 
them  his  own  feeHnss,  while  the  patriotic  songs 
and  marches  resonaded  through  the  army.  See- 
kig,  at  last,  that  t&ere  was  no  probabiUqr  Of  his 
being  attacked  that  day  by  the  Spaniards,  and 
indteg  his  men  roused  to  the  hignest  piteh  of 
enthusiasm,  he  gave  orders  to  advance.  With 
the  exception  of  a  small  hei^t,  which  the  enemy 
bad  occopied  with  some  pieces  of  artillery,  the 
groond  was  nearly  level,  and  well  adhipted  to 
military  manmuvres.  The  infaiatty  was  placed 
under  the  command  of  General  Baicaree.  Odonel 
LasHeras  on  ihe  right  wing,  and  Ootonel  Al- 
vardo  on  the  left ;  the  artHlery  and  cavalry  poeted 
on  each  wing,  and  a  strong  reserve  in  the  rear 
under  Colonel  daiaiana.  In  this  order  the  atmy 
moved  towards  the  enemy,  who  opened  a  dr^d- 
fil  fire  from  his  infontry,  and  from  sevehral  pieees 
of  artiHery  posted  on  the  smaU  elevation  before- 
mentioned,  bat  without  arresting  its  progress;  a 
body  of  the  enemy^  cavalry  charged  at  the  same 
time,  but  were  driven  back  by  those  of  the  coun- 
try, who  pursued  them  even  under  their  giras. 
The  action  now  became  general  and  bloody ;  otu 
line,  at  last,  appeared  to  vacillate;  but  at  this 
moment,  the  reserve  being  ordered  up,  the  Irhole 
returned  to  the  charge,  and,  with  an  irresistible 
impetus,  carried  everything  before  them.  The 
resistance  of  the  enemy  was,  however,  so  obsti- 
nate, that  they  had  to  be  literallv  pttshed  (torn 
the  ground  with  the  bayoaet.  The  raiment  of 
Burffos,  composed  of  the  best  troops  of  Spain,  and 
twelve  hundred  strong,  was  not  broken  until  after 
repeated  charges,  which  San  Martin  is  said  to 
have  led  in  person.  The  remnant  of  the  enemy's 
force  then  threw  themselves  into  some  narrow 
lanes,  made  by  walls,  and,  under  their  shelter, 
commenced  the  eontest  anew,  but  vrere  at  length 
entirely  overcome.  This  action  lasted  from  noon 
until  six  o'clock  in  the  evening,  and  was  con- 
tested on  either  side  with  a  courage  and  fiilnness 
worthy  of  the  great  prize  that  was  at  siake— not 
merely  the  independence  of  ChilL  but  perhaps  of 
South  America.  The  history  of  wars  ftimidies 
us  with  few  insunces  of  a  victory  more  complete; 
the  whole  Spanish  army  was  annihilated ;  artil- 
lery, military  chests,  evei 


rything 
aMartm 


belonging  to  it, 
fell  into  the  liands  of  San'Martm.  Its  chief  alone 
fled  with  some  horsemen,  when  he  saw  that  the 
day  was  lost.  Ordonez,  the  second  in  command, 
one  hundred  and  ninety-eight  officers,  three  thou- 
sand rank  and  file,  surrendered  their  arms;  and 
two  thousand  of  their  dead  covered  the  field  of 
battle.  The  loss  of  the  country  did  not  exceed 
one  thousand  in  killed  and  wounded.  The  cap- 
ital, fVom  its  extreme  depression,  was  now  de- 


Digitized  by 


Google 


Hum 


£pmmui. 


^»t6 


CondUiUh  tif  Sifuth  Aftttsrica, 


tmted  to  the  highest  mtch  of  joy.  The  streets 
before  silent  and  fetrral,  were  suddenly  filled  by 
the  inhabitants,  like  the  blood  which,  after  some 
foments  of  deep  suspense  and  anxious  fear,  rushes 
again  from  the  heart  to  the  extremities  of  the 
body.  The  scene  which  ensued  can  only  be  eon* 
ceived  by  those  who  have  witnessed  the  snblime 
eilbstons  of  popular  feeling,  when  each  thinks  his 
own  happiness,  that  of  his  posterity,  his  friends, 
and  his  country,  are  entrrelj  inrolred.  There 
was  a  general  and  almost  unirersal  exclamation, 
**At  last  we  are  independent  P  while  San  Martin 
Was  faaHed  as  the  genius  of  the  Revolution. 


Cmu$Uumt  Cmigrm  rf  ^  UkUBdPnmnee$ 

^Rio  de  la  Plata. 

Honorable  fhaae  is  the  jewel  which  mortals 
)M^te  «bo?e  exiftence  itself,  «nd  which  it  is  their 
ittty  to  deftnd  abore  all  earthly  good,  howeter 

Ct  and  faNMbie.  The  Gorermftent  of  Spain 
•ceu#ed  the  United  Prorinces  of  Hiode  la 
PliU,  before  the  aatioits  of  the  world,  of  perfidy 
«nd  rebellion  $  and  has  denounced,  as  petroioas 
«nd  rebelHous.  the  memorable  declaration  of  in* 
dependence  <^  the  9th  of  July,  1816,  by  the  Na* 
tianal  Congress  of  Tucdman;  imputing  to  them 
ideas  of  anarchy,  and  intentions  of  introducing 
seditioua  principles  into  other  countries,  and  their 
recognitioB  of  this  declaration,  that  they  may  as* 
aume  a  place  among  the  nations  of  the  earth* 
The  first  among  the  moat  sacred  duties  of  the 
National  Coofftess  is  to  do-away  so  fbul  an  impu* 
tntion,  and  to  justify  the  cause  of  our  country,  by 
publieliini^  to  the  world  the  motires  and  the  era* 
ehiea  which  concurred  to  impel  to  the  declara- 
tloB  of  independence.  This  is  not  a  submission 
which  coBcedea  to  any  otae  the  right  to  dispose 
of  a  condition  purchased  by  America  with  tor- 
rents of  blood,  and  erery  species  of  sacrifice  and 
tnduraiice.  It  is  a  duty  or  imperious  obligation 
which  it  owes  to  its  wounded  honor,  and  to  the 
yemot  doe  to  other  nations. 

We  shall  waire  all  diseussfon  with  respect  to 
the  riffht  of  conquest,  of  papal  grants,  of  other 
titles  tj  which  the  Spaniards  haye  supported 
their  domination;  it  is  unnecessary  for  us  to  re- 
etH'  to  principles  which  may  giye  rise  to  theoretic 
disptites^  to  questions  which  hate  found  adyo- 
eates.  We  appeal  to  facts,  forming  a  lamenuble 
contrast  between  the  suflferings  endured  by  us  and 
fha  tyranny  of  the  Spaniards.  We  shall  expose 
to  yiew  the  firightful  abyss  into  which  these  proy* 
Inoea  were  about  to  be  precipitated,  had  not  the 
Wall  of  their  emancipation  been  interposed.  We 
aball  giye  reasons,  the  soundness  of  which  no  ra* 
tional  being  can  question,  unless  it  be  his  aim  to 
persuade  a  nation  to  renounce  foreyer  ail  idea  of 
felicity,  and  to  adopt  for  its  system  ruin,  oppro- 
briam,  and  shameful  acquiescence.  We  shall 
exhibit  this  picture  to  the  world,  that  no  one  may 
contemplate  it  without  being  deeply  aflbcted  with 
the  same  feelings  that  belong  to  ourselyes. 
Prom  tha  moment  the  Spaniards  took  posses- 


sion of  these  countries,  they  thought  only  of  se- 
curing their  power  of  exterminating  and  degrad- 
ing. Their  systems  of  devastation  were  imme- 
diately set  on  foot,  and  were  continued,  without 
intermission,  for  three  hundred  years.  They  be- 
gan by  assassinating  the  Incas  of  P^ru,  and  they 
afterwards  practised  the  same  upon  the  other 
chiefs  who  fell  into  their  power.  The  inhabit- 
ants of  the  country,  attempting  to  repel  these 
ferocious  inyaders,  became  yictims  to  fire  and 
sword,  by  reason  of  the  inferiority  of  their  arms, 
while  their  cities  and  yillages  were  consigned  to 
the  fiames,  eyerywhere  applied  without  pity  or 
discrimination. 

The  Spaniards  then  placed  a  barrier  to  the  in- 
crease ofthe  population  of  the  country ;  they  pro- 
hibited, by  yigorous  laws,  the  entrance  of  strang- 
ers into  it,  and  in  latter  times  they  opened  it  to  the 
immoral— to  conticts  cast  out  of  the  Peninsula. 
Neither  the  yast  but  beautifai  deserts,  formed 
here  by  exterminating  the  natiyes.  nor  the  bene- 
fit which  might  accrue  to  Spain  iierself,by  the 
oultiyation  m  plains  fertile  as  they  are  extensiye; 
nor  the  existence  of  minerals,  the  richest  and 
most  abundant  of  the  globe;  nor  the  attraction 
of  innomerable  productions,  some  until  then  un- 
known, others  precious  from  their  intrinsic  yalue, 
and  capable  of  animating  indosrry  and  enliyen- 
ing  commerce^  carryiuff  the  one  to  its  highest 

etch;  and  the  other  to  tne  utmost  extent  of  opu- 
nce';  nor,  in  fine,  the  unceasing  exertions  to 
keep  the  fairest  regions  of  the  earth  submerged  in 
wretchedness,  had  sufficient  influence  to  change 
the  dark  and  portentous  policy  of  the  Court  of 
Madrid.  From  one  city  to  another  of  this  coun- 
try there  are  hundreds  of  leagues  lyioff  waste  and 
uninhabited.  Entire  nations  have  disappeared, 
buried  under  the  ruins  of  minesj  or  perishing  in 
an  atmosphere  poisoned  with  antimony,  under  the 
diabolical  institution  of  the  Mita.  Neither  the 
himenutions  of  Peru,  nor  the  energetic  represen- 
tations  of  the  most  xealous  Ministers,  haye  been 
sufficient  to  put  a  stop  to  this  system  of  exter- 
mination. 

The  science  of  working  mines,  r^rded  with 
indifierence  and  neglect,  has  regained  without 
undergoing  those  improyements  comman  to  other 
nations  in  an  enlightened  age;  thus  rudely 
wrought,  the  richest  haye  disappeared,  either  by 
the  dilapidation  of  excavated  hills  or  by  the  influx 
of  water.  Other  rare  and  yaluabte  productions 
of  the  country  have  remained  in  the  great  etore- 
house  of  nature,  without  having  excited  the  at- 
tention and  xeal  of  the  Qovernment;  and  if  at 
any  time  an  enlightened  individual  presumed  to 
publish  these  advantages,  he  was  sure  to  be  rep- 
rehended by  the  Court,  and  compelled  to  be  silent, 
lest,  possibly,  a  diminution  of  the  demand  for 
some  of  the  productions  of  Spain  might  ensue. 

It  was  forbidden  to  teach  us  the  libeml  sciences ; 
we  were  only  permitted  to  learn  the  Latin  gram- 
mar^ the  philosophy  of  the  schools,  civil  and  ec- 
clesiastical jurisprudence.  The  Viceroy,  Don 
Joaquin  Pino,  gave  much  offence  by  permitting 
a  nautical  school  at  Buenos  Ayres;  and,  in  com- 
pliaitce  with  a  mandate  of  the  Court,  it  was  or- 

Digitized  by  VjOOQIC 


aM7 


AFPSSfDDL 

CkmdUion  of  Stmih  Awuriea. 


ims 


dered  to  be  shot,  while  at  the  same  time  it  was 
strictly  prohibited  to  send  our  youth  to  Paris  for 
the  purpose  of  studyiog  the  science  of  chemistry, 
in  order  to  teach  it  on  their  return. 

Commerce  was  ever  a  monopoly  in  the  hands 
of  merchants  of  the  Peninsula,  and  of  their  con- 
signees sent  by  them  to  America.  All  public 
offices  and  employments  belonged  exclusively  to 
the  Spaniards;  and  although  Americans  were 
equally  called  to  them  by  the  laws,  they  were  ap- 
pointed only  in  rare  instances,  and  even  then  not 
without  satiating  the  cupidity  of  the  Court  by 
enormous  sums  of  money.  Oi  one  hundred  and 
seventy  Viceroys  that  have  governed  in  this  coun- 
try, but  four  of  them  have  been  Americans;  and 
ot  six  hundred  and  ten  Captains  General  and 
Governors,  all  but  fourteen  are  Spaniards.  The 
same  took  place  in  every  post  of  importance,  and 
even  amongst  the  common  clerks  of  offices  it 
was  rare  to  meet  with  Americans. 

Everything  was  disposed  on  the  part  of  Spain, 
in  America,  to  effect  the  degradation  of  her  sons. 
It  did  not  suit  the  policy  of  Spain  that  sages 
should  rise  up  amongst  us,  fearful  lest  men  of  ge- 
nius should  bethink  them  of  advancing  the  con- 
dition of  their  country,  and  of  improving  the 
morals  and  excellent  capacities  with  which  its 
sons  have  been  gifted  by  their  Creator.  It  was 
her  policy  incessantly  to  diminish  and  dejpress  our 
population,  lest  one  day  we  should  imagme  aught 
against  her  domination,  guarded  by  a  force  con- 
temptible for  regions  so  various  and  vast.  Com- 
merce was  exclusively  confined  to  herself,  from 
a  mean  suspicion  that  opulence  would  make  us 
proud,  and  render  us  capable  of  aspiring  to  free 
ourselves  from  so  many  vexations.  The  growth 
of  industry  was  checked,  in  order  that  the  means 
of  escaping  from  our  wretchedness  and  poverty 
might  be  denied  us;  and  we  were  excluded  from 
all  participation  in  public  employments,  in  order 
that  the  natives  of  the  Peninsula  might  have  en- 
tire influence  over  the  country,  so  as  to  form  the 
inclinations  and  habits  necessary  for  retaining  us 
in  a  state  of  dependence,  that  would  neither  per- 
mit us  to  think  nor  to  act  but  in  conformity  to  the 
modes  dictated  by  the  Spaniards. 

This  system  was  acted  upon  with  the  utmost 
rigor  by  the  Viceroys;  each  of  them  was  invested 
with  the  authority  of  a  Vizier ;  their  power  was 
sufficient  to  annihilate  all  those  who  dared  to  dis- 
please them ;  however  great  the  vexations  they 
practised,  we  had  to  bear  them  with  patience, 
while  these  were  compared  by  their  satellites  and 
worshippers  to  the  effects  of  the  wrath  of  God. 
vThe  complaints  which  were  addressed  to  the 
Throne,  were  either  lost  in  the  distance  of  many 
thousand  leagues,  over  which  they  had  to  pass, 
or  they  were  smothered  in  the  offices  at  Madrid 
by  the  protectors  of  those  who  tyrannized  over 
*  us.  Not  only  was  this  s-ystem  not  softened,  but 
there  was  no  hope  of  its  moderating  in  the  course 
of  time.  We  had  no  voice,  direct  or  indirect,  in 
legislating  for  our  country ;  this  was  done  for  us 
in  Spain,  without  conceding  to  us  the  privilege 
of  sending  delegates  or  councillors  to  be  present, 
and  to  state  what  would  be  suitable,  or  otherwise, 


as  is  practised  by  the  eities  of  Spain.  Neither 
did  we  possess  such  influence  in  the  Governmeat 
set  over  us,  as  might  serve  to  temper  the  severiij 
pf  its  administration.  We  knew  that  there  waa 
no  remedy  for  us  but  to  bear  with  patience;  and 
that  for  him  who  could  not  resign  himself  to 
every  abuse,  death  was  considered  too  light  a 
punishment;  for  in  such  cases,  penalties  have  . 
been  invented  of  unheard-of  cruelty,  and  revolt- 
ing to  every  sentiment  of  humanity. 

Less  enormous,  and  less  pertinaciously  perse- 
vered in,  were  the  outrages  which  compelled 
Holland  to  take  up  arms,  and  free  herself  from 
Spain ;  those  which  induced  Portugal  to  shake 
on  the  same  yoke ;  those  which  placed  the  Swtasi 
under  William  Tell,  in  opposition  to  the  Empe- 
ror of  Germany ;  those  which  induced  the  Ual- 
ted  States  of  North  America  to  resist  the  encroach- 
ments of  Great  Britain ;  or  those  of  any  other 
countries  which,  without  being  separated  by  na- 
ture from  their  parent  States,  have  separated 
themselves  in  order  to  shake  off  an  iron  yoke,  and 
to  take  into  their  owo  hands  the  care  of  their 
own  felicity,  than  what  we  have  experienced. 
We,  however,  separated  by  an  immense  ocean, 
inhabiting  a  country  gifted  with  every  variety  of 
climate,  possessing  distinct  wanU,  and  treatad 
like  flocks  and  herds,  have  exhibited  the  singular 
example  of  patient  endurance  under  sueh  degra- 
dation ;  remaining  obedient,  even  when  the  moet 
seducing  circumstances  presented  themselves  for 
casting  o^  the  yoke,  and  driving  the  Spanish 
power  to  the  other  side  of  the  ocean. 

We  address  ourselves  to  the  nations  of  tire 
world ;  and  to  manifest  so  much  effrontery  as  to 
think  of  deceiving  them  in  matters  to  which  they 
have  been  witnesses,  is  impossible.  America  re- 
mained tranquil  during  the  whole  war  of  the  sac- 
cession,  and  waited  the  termination  of  the  contest 
between  the  houses  of  Austria  and  Bourboo,  in 
order  to  follow  the  fortunes  of  Span.  A  favor- 
able occasion  then  presented  itself  to  free  oar- 
selves  from  so  many  vexations,  but  we  did  not 
seize  it;  on  the  contrary,  we  exerted  ourselves  ia 
her  defence,  arming  in  her  cause  alone,  and  wit^ 
a  view  of  maintaining  our  connexion  with  her. 
Without  having  any  concern  in  her  differenaes 
with  European  nations,  we  have  embarked  in  her 
wars ;  we  have  suffered  the  devastations ;  we  have 
borne,  without  a  murmur,  all  the  privations  to 
which  we  were  exposed  by  her  nullity  on  the 
ocean,  one  of  which  was  the  interruption  of  tl|e 
usual  communication  with  her. 

In  the  year  1606  our  country  was  invaded ;  an 
English  expedition  surprised  and  captured  Bue- 
nos Ayres,  the  capital,  through  the  imbecility 
of  the  Viceroy,  who,  though  without  European 
troops,  had  numerous  resources  fully  adeqaatt, 
which  he  knew  not  how  to  avail  himself  of.  We 
prayed  assistance  from  the  Court,  to  enable  us  to 
defend  ourselves  against  a  new  expedition  whi^ 
threatened  us;  and  the  consolation  we  received 
was,  a  royal  mandate  to  defend  ourselves  as  we 
could.  The  following  year  the  eastern  shore 
I  (Banda  Oriental)  was  occupied  by  a  new  and 
I  more  formidable  expedition ;  the  town  of  Monte* 


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Coml^tiom  qf  South  Atneri^a. 


•Hieo  waa  besif  gad  %md  taken  by  asMUilt ;  hare  tkt 
Britiah  troops  were  augmented^  and  a  powerful 
(force  prepared  for  making  aootaer  attack  on  the 
capital,  aod,  io  fact,  the  attack  was  made  a  few 
mootbt  afterwards ;  happily  the  ?alor  of  oar  citi- 
zeiia  triumphed  over  the  eoemf  in  the  assault, 
compellinghim,  after  a  brilliant  victory,  to  eyacu- 
aie  Montevideo,  and  the  whole  of  tne  eastern 
ahore. 

A  more  favorable  opportunity  of  rendering  our- 
selves independent  could  not  have  been  desired 
than  that  which  now  presented  itself,  if  the  spirit 
of  rebellion  or  perfidy  had  been  capable  of  moving; 
tts,  or  if  we  bad  been  susceptible  of  those  prioci- 
.  pies  of  anarchy  and  sedition  imputed  to  us.  At 
that  time  we  had  abundant  cause  for  doing  what 
we  have  since  done.  It  was  by  no  means  oar 
4aty  to  be  indifferent  to  the  state  of  degradation 
.  in  which  we  had  so  long  existed.  If  at  any  time 
TieMy  authorizes  the  conqueror  to  be  the  arbiter 
of  his  own  destinies,  we  might  justly  then  have 
fixed  ours;  we  were,  with  arms  in  our  hands, 
trjifmphanty  and  there  was  not  a  single  Spanish 
jegiment  to  oppose  us ;  and  if  neither  victor?  nor 
force  can  give  right,  ours  was  still  greater  no  long- 
:  cr  to  tolerate  the  domination  of  Spain.  We  had 
nothing  to  apprehend  from  the  forces  of  the  Pen- 
insula; iu  ports  were  blockaded,  and  the  seas 
eommaaded  by  the  fleets  of  Britain.  Notwith- 
atmnding  the  favorable  conjuncture  thus  presented 
to  us  by  fortuae,  we  chose  to  preserve  our  con- 
,  nezion  with  Spain,  hopiag,  by  this  distinguished 
proof  of  loyalty,  to  effect  a  change  in  the  system 
.  of  the  Court,  and  render  it  sensible  of  its  true  in- 
toresu 

But  we  flattered  ourselves  with  vain  hopes. 
Spain  did  not  regard  this  conduct  as  an  evidence 
or  the  generosity  of  our  dispositions,  but  as  a  bare 
act  of  duty.  America  still  continued  to  be  ruled 
with  the  same  tyranny,  and  our  sacrifices,  though 
0&O8t  heroic,  had  no  other  effect  than  to  add  a 
few  more  pages  to  the  history  of  that  oppression 
under  which  we  had  so  long  groaned. 

Such  was  the  situation  in  which  we  were 
found  by  the  revolution  of  Spain.  We,  who  were 
habituated  to  yield  a  blind  obedience  to  aU  her 
mandates,  readily  acknowledged  Ferdinand  VII. 
of  Bourbon,  although  raised  lo  the  throne  by  a 
tumult  at  Aranjuez,  which  deposed  his  father. 
We  saw  him  soon  after  pass  over  into  France; 
we  saw  him  there  deuined  with  his  parenu  and 
brothers,  and  deprived  of  the  crown  which  he 
bad  just  usurped.  We  saw  that  Spain,  every- 
where occupied  by  French  troops,  was  shaken  to 
her  centre^  and  that  in  her  civil  convulsions  the 
BkOBl  distinguished  individuals,  who  governed 
with  wisdom  in  the  provinces,  or  served  with 
honor  in  her  armies,  fell  victims  to  the  insensate 
fury  of  rivals;  that,  in  the  midst  of  these  vibra- 
tioos,  governmenu  rose  up  in  each  of  those  prov- 
inces, styling  themselves  supreme,  and  claiming 
sovereign  authority  over  America.  A  Junta  of 
this  kind,  formed  at  Seville,  had  the  presumption 
to  l>e  the  first  to  demand  our  obedience,  and  we 
were  obliged  hy  our  viceroys  to  recognise  and 
yield  it  submission.  In  less  than  two  months 
15th  Con.  lat  Sjbss.— 65 


another,  entitled  the  Supreme  Junta  of  Oalltcia, 
pretended  to  the  same  right,  and  sent  us  a  viceroy, 
with  the  indecent  menace  that  thirty  thousand 
men  should  also  be  sent,  if  necessary.  The  Junta 
Central  next  erected  itself;  we  immediately 
obeyed  it,  without  having  had  the  slightest  share 
in  its  formation,  zealously  and  efficaciously  com- 
plying with  all  its  decrees.  We  sent  succors  of 
money,  voluntary  donations,  and  supplies  of  every 
kind,  to  prove  that  our  fidelity  would  stand  any 
trial  to  which  it  could  be  subjected. 

We  had  been  tempted  by  the  agents  of  King 
Joseph  Bonaparte,  and  great  promises  were  held 
out  to  us  of  bettering  our  condition,  should  we 
unite  ourselves  with  his  interests.  We  knew 
that  the  Spaniards  of  greatest  note  had  already 
declared  for  him;  that  the  nation  was  without 
armies,  and  without  the  vigorous  direction  requi- 
site in  moments  of  so  much  difficulty.  We  were 
informed  |hat  the  troons  of  Rio  de  la  Plata,  who 
were  prisoners  at  London,  after  the  first  expedi- 
tion of  the  English,  had  been  conducted  to  Cadiz, 
and  there  treated  with  the  greatest  inhumanity, 
an4  that,  in  a  state  of  nakedness,  they  had  been 
sent  ofi"  to  fight  against  the  French.  Tet  our 
situation  continued  unchanged  until  the  Ande- 
lusias  having  been  occupied  by  the  French,  the 
Junta  Central  was  dispersed. 

Under  these  circumstances,  there  was  published 
a  paper,  without  date,  and  signed  only  bjr  the 
Archbishop  of  Laodicea,  who  had  been  president 
of  the  extinguished  Junta  Central.  By  this  paper 
a  regency  was  ordered  to  be  formed,  and  three 
persons,  as  those  who  should  compose  it,  were 
desiffnated.  An  occurrence  so  unexpected  could 
not  but  cause  us  to  hesitate  and  ponder  over  it 
seriously^  Our  situation  became  alarming,  and 
we  had  reason  to  be  apprehensive  of  being  in- 
volved in  the  misfortunes  of  the  capitaL  We 
reflected  upon  its  uncertain  and  vibrating  state, 
more  especially  as  the  French  had  already  pre* 
seated  themselves  before  the  gates  of  Cadiz  and 
the  island  of  Leon:  we  distrusted  the  new  re- 
g^ents^  who  were  unknown  to  us;  the  most  dis- 
tinguished Spaniards  having  passed  over  to  the 
French,  the  Junta  Central  dissolved,  its  membere 
denounced  as  traitors  in  the  public  papers.  We 
saw  the  inefficacy  of  the  decree  published  by  the 
Archbishop  of  Laodicea,  and  the  insufficiency  of 
his  powers  for  the  establishment  of  a  regency  ; 
we  Knew  not  but  that  the  French  had  taken  po»- 
session  of  Cadiz,  and  completed  the  conquest  of 
Spain  in  the  interval  which  must  elapse .  before 
^these  papers  could  come  to  our  bands;  and  we 
doubted  whether  a  Government  formed  out  of  the 
fragments  of  the  Junta  Central  would  not  soon 
meet  with  the  same  fate.  Considering  the  perils 
which  surrounded  us,  we  resolved  to  take  upon 
ourselves  the  care  of  our  own  safety,  until  we 
should  obtain  better  information  of  the  true  coa- 
dition  of  Spain,  and  whether  her  Government 
had  acquired  stability.  Instead  of  discovering 
this  stability,  we  soon  learned  the  fall  of  the  re^ 
gency,  and  saw  it  succeeded  by  continual  changes 
of  Gfovernment  in  moments  the  most  arduous 
and  critical. 


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Condition  of  South  America. 


In  the  meanwhile  we  formed  our  Junta  in  imi- 
tation of  those  of  Spain.  It  was  purely  proviai- 
onai,  and  in  the  name  of  our  captive  King.  The 
Viceroy,  Don  Baltazar  Hidaldo  Cisneros,  des- 
patched circulars  to  the  provincial  governors,  in 
'  order  to  light  up  the  flames  of  civil  war,  and  arm 
provinces  against  provinces. 

The  Rio  de  la  Plata  was  immediately  blocka- 
ded by  a  squadron;  the  Governor  of  Cordova  im- 
mediately set  about  raising  an  army:  the  Gov- 
ernor of  Potosi  and  the  President  of  Cbarcas 
marched  with  another  to  the  confines  of  Salta, 
and  the  President  of  Cusco,  presenting  himself 
with  a  third  army  on  the  margm  of  Desaguedero, 
entered  into  an  armistice  of  forty  days,  and,  be- 
fore its  term  had  elapsed,  recommenced  hostili- 
ties, attacked  our  troops,  and  a  bloody  battle  en- 
sued, in  which  he  lost  fifteen  hundred  men. 
Memory  is  horror-struck  in  recalling  the  abomi- 
nable cruelties  then  perpetrated  by  Goyenecbe 
in  Cochabamba.  Would  to  God  it  were  possible 
to  forget  this  ungrateful  American,  who.  on  the 
day  in  his  entrance  into  the  city,  ordered  the  re- 
sneetable  Governor  Intendant  to  be  shot,  and, 
observing  with  complacency,  from  the  balcony 
of  his  house,  this  iniquitous  assassination,  fero- 
ciously cried  out  to  his  troops  not  to  shoot  the 
victim  in  his  head,  as  it  was  wanted  to  be  stuck 
upon  a  pike;  and  when  it  was  severed  from  the 
body,  the  headless  trunk  was  dragged  through 
the  streets,  while,  at  the  same  time,  the  brutal 
soldiers  were  barbarously  permitted  to  dispose,  at 
pleasure^  of  the  lives  and  property  of  the  inhabit- 
ants during  many  successive  days. 

Posterity  will  be  shocked  by  the  ferocity  mani- 
fested towards  us  by  men  who  ouffht  to  have 
been  interested  in  the  preservation  of  the  Ameri- 
cans; and  they  will  regard,  with  astonishment, 
the  madness  of  attempting  to  punish,  as  a  crime, 
an  act  marked  with  the  indelible  seal  of  fidelity 
and  love.    The  name  of  Ferdinand  of  Bourbon 

E receded  all  the  acts  of  the  Government,  and 
eaded  its  public  documents.  The  Spanish  flag 
waved  on  our  vessels,  and  served  to  animate  our 
soldiers.  The  provinces,  seeing^  themselves  re- 
duced to  a  kind  of  orphanage  by  the  dispersion 
of  the  National  Government,  by  the  want  of 
another  of  a  legitimate  character,  and  capable  of 
oodimanding  respect,  and  by  the  conquest  of 
nearly  the  whole  of  the  mother  country,  had 
raised  op  for  themselves  an  argus  to  watch  for 
their  safety,  and  to  preserve  them  entire,  so  that 
they  might  be  restored  to  the  captive  King,  in 
case  he  should  regain  his  liberty.  This  measure 
was  sanctioned  by  the  example  of  Spain  herself, 
and  produced  by  her  declaration  that  America 
was  an  integral  part  of  the  monarchy,  possessing 
^val  rights,  and  which  had  already  been  prac- 
ticed in  Montevideo,  at  the  instance  of  the  Span- 
iards themselves.  We  offered  to  continue  our 
pecuniary  aids  for  the  prosecution  of  the  war 
ftnd  a  thousand  times  published  the  uprightness 
and  sincerity  of  oar  intentions.  Great  Britain, 
to  which  Spain  was  then  so  much  indebted,  in- 
terposed her  mediation  and  good  offices  to  prevent 
our  being  treated  in  a  manner  so  harsh  and 


severe.  But  the  Spaniards  were  fixed  in  their 
sanguinary  caprice,  rejected  the  mediation,  and 
despatchea  rigorous  orders  to  all  their  generals  to 
prosecute  the  castigation  of  the  Ameneans  with 
redoubled  activity;  scafiblds  were  everywhere 
erected,  and  ingenuity  was  taxed  for  inventions 
to  frighten  and  afliict. 

From  thenceforward  no  pains  were  spared,  and 
no  means  left  untried,  to  divide  and  engage  us  in 
mutual  extermination.  They  spread  abroad  the 
most  atrocious  calumnies  against  us,  attributing 
to  us  the  intention  of  renouncing  oar  boiy  r^i- 
gion,  and  of  encouraging  anunboonded  lieeacioas* 
ness  of  manners.  They  have  made  «  religioas 
war  against  us,  contriving  by  a  titoosand  ways  to 
disturb  and  alarm  the  conscience,  and  caosingthe 
Spanish  bishop  to  pnblish  ecclesiastical  censores 
and  excommunications,  and  to  sow.  through  the 
means  of  some  ignorant  confessors,  ianatical  doc- 
trines, even  in  the  penitential  trflranaL  By  means 
of  those  religious  discords,  hmiliea  Irave  been 
divided  against  themselves;  (hey  have oecastoned 
dissensions  between  father  and  son ;  tiiey  bmre 
broken  asunder  the  delightful  ties  which  tmite 
husband  and  wife;  they  have  sown  micor  and 
hatred  between  the  most  afiVMstionate  brotltcra ; 
they  have,  in  fine,  endeavored  to  poison  nSk  the 
harmony  of  society. 

They  have  adopted  the  dreadfal  system  of  pat- 
ting men  to  death  indiscriminately,  for  no  orber 
purpose  than  to  diminish  our  nomberS|  and,  on 
entering  our  towns,  have  been  known  to  pat  to 
death  even  the  un fortunate  market  people,  drtring 
them  into  the  public  square  in  groups,  and  shoot- 
ing them  down  with  cold-blooded,  wanton  cra- 
elty.  The  cities  of  Chuquisaea  and  Cochabamba 
have  more  than  once  been  theoiies  of  this  shock- 
ing barbarity. 

They  have  compelled  our  soldiers,  taken  pris- 
oners, to  serve  against  their  wills  In  tiie  ranks  of 
their  armies,  carrying  the  officers  in  irons  to  dis' 
tant  outposts,  where  it  was  impossible  for  tJietn 
to  preserve  health  for  a  single  year,  while  otiters 
have  been  starved  to  death  »  dangeona,  nod 
many  have  been  forced  to  labor  on  the  poblic 
works.  They  have  wantonly  shot  the  bearer  of 
flags  of  truce,  and  have  committed  the  utmoot 
horrors  upon  chiefs  after  their  sariender,  and 
other  principal  personages,  notwithstanding  the 
humanity  that  had  been  shown  by  as  to  those 
prisoners  who  fell  into  our  hands.  In  proof  of 
this  assertion,  we  need  only  mention  the  Depttty 
Matos  of  Potosi,  Captain  General  Pumacagua, 
General  Angulo,  and  bis  brother,  the  Command- 
ant Munecas,  and  other  partisan  chids,  shot  im 
cold  blood,  many  days  after  having  sorrendeied 
as  prisoners. 

In  the  district  of  Yalle-Gkande  they  indolgad 
themselves  in  the  brutal  sport  of  entting  ofiT  the 
ears  of  the  natives,  and  then  transmitting  a  pan* 
nier  full  of  them  to  headquarters ;  they  aftervorda 
destroyed  the  town  by  fire,  burnt  aboot  forty 
populous  villages  of  Peru,  and  took  a  hellisL 
pleasure  in  shutting  up  the  inhabitants  ta  thetx 
houses  before  setting  them  on  fire,  in  order  tluu 
their  unhappy  rietima  might  be  barnt  oiive. 


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Qmii$um^JBmih  dmmca. 


Th«y  hare  not  only  sli«wii  thamttlfeB  erael 
«iid  impkMBble  in  munkdoff  our  count  rym«B, 
bin  they  faave  thrown  aside  aU  regard  todtocney 
and  morality ;  eaasinij^  old  men  of  the  religious 
profession,  in  tiie  pnbltt  pUees,  and  wonen,  to  be 
made  fast  to  a  cannon,  but  first  stripped  naked, 
and  their  bodies  exposed  to  shame. 

They  hare  establishad  an  inquisitorial  system 
for  all  these  punishments :  they  hare  dragged  out 
peaceful  inhabitants  from  their  houses,  and  timns- 
ported  them  across  the  ocean  to  be  tried  for  pre- 
tended offcnoes,  and  bare  executed  without  trial 
a  aaaltitode  of  citiiens. 

They  bara  chased  our  Tossels,  eaoked  our  sea- 
^otet,  ttUffdaned  defenceless  iahabitants,  without 
apariof  elergymen,and  those  in  extreme  old  age ; 
bf  the  ordn  of  <jtoneral  Pexuela,  they  burat  the 
aown  of  Punoj'and.  meetiag  with  no  othevs.  they 

?ut  to  the  sword  old  men,  women,  and  children. 
^hey  have  exdltd  atfoeiout  cootpiraeiee  annong 
the  Bpaaiafds  radding  in  the  midst  of  us,  im- 

Cng  upon  ns  the  painfni  necessity  of  putting  to 
h  the  fitthers  of  nomerous  famines. 

They  haTe^oaapalled  our  brothers  and  soas  to 
4aki9  up  araM  against  us,  and,  forming  armies  by 
the  ioanressment  of  the  natiTee  of  Peru,  bare 
•ompeHed  thea^  undar  the  command  of  Spanish 
officers,  to  ight  against  our  troops.  They  have 
OKtied  domestic  iaeunee^oas,  corvupting  with 
money  and  e?ery  species  of  seduction  the  pacific 
inhabiianu  of  the  eonntry.  in  order  to  inrolve  us 
in  a  frightful  ananhy,  and  to  enable  them  to  at- 
tack us  weakened  and  divided.  They  have  dis- 
^yed  a  now  invention  of  horror,  in  poisoning 
faontains  and  food,  when  beaten  in  La  Paz  by 
CbneralPinelo;  and  the  mildness  with  whicn 
4hcjr  were  treated,  when  compelled  to  surrender 
at  discretioo,  was  rewarded  by  the  barbaroas  act 
of  blowing  up  the  barracks,  which  had  been  pre- 
vionsly  mined  for  the  purpose* 

They  have  had  the  baseness  to  attempt  to  tam- 
per with  our  Governors  and  Qenerals,  and,  abus- 
jagthe  sacred  privilege  of  flags  of  trace,  they 
-Imvc  lepeatedly  wriuen  letters  inciting  to  trea- 
•aoQ.  lAiey  haw  declared  that  the  laws  of  war, 
tesogaiaed  by  civiliied  nations,  ought  not  to  be 
observed  towards  usf  and,  with  contemptuous 
iBdi&rence.  replied  to  Qeneral  Belgrano  that 
treaties  could  not  be  entered  into  or  kept  with 


Sndi  Jiad  been  the  conduct  of  Spaniards  to- 
wards  m  when  Ferdinand  of  Bourbon  was  re* 
stored  to  the  throne.  We  then  believed  that  the 
•afmioation  ef  our  croublee  had  at  last  arrived  j 
it  eeeated  to  us  that  the  King,  who  had  been 
Aroied  in  adversity,  woald  not  be  indifferent  to 
•he  ameries  of  his  people.  We,  therefore,  de- 
Mitehed  a  deputy  to  him  to  make  known  our 
sttuatioa.  We  could  not  doubt  but  that  he  would 
■^ve  ue  a  reception  worthy  a  benign  Prince,  and 
atiat  he  would  feel  an  interest  in  our  suppliea* 
tiooe,  as  well  from  gratitude  as  from  that  benefi- 
cence which  the  Spanish  courtiers  had  praised 
ao  the  skies.  But  a  new  and  before  unknown  in- 1 
gratitude  was  reserved  lo  be  experienced  by  the  I 
countries  d  Amerleai  surpassing  all  example  i 


that  the  history  of  the  worst  of  tyrants  can  see- 
sent.  Scarcely  had  be  returned  to  MadrM,  whan 
he,  without  ceremony,  at  once  declared  us  insur* 
gents.  He  disdained  to  listen  to  our  complaints, 
or  hearken  to  our  supplications,  tendering  a  par- 
don as  the  only  favor  he  could  offer.  He  eon- 
firmed  in  authoritv  the  Viceroys,  Governors,  aad 
Generals,  who  had  perpetrated  the  bloody  deeds 
before  detailed.  He  declared  as  a  crime  of  State 
the  having  pretended  to  form  a  ooostitutioA  for 
ourselves,  tint  we  might  be  placed  beyond  the 
reach  of  the  capricious,  arbitrary,  and  tytannic 
power  to  which  we  had  been  sabiected  for  three 
centuries ;  a  meaauie  which  could  displease  none 
but  a  prince  who  is  inimical  to  justice  and  bene- 
ficence and  eoaseauently  unworthy  of  ruUog. 

With  the  aid  ol  his  Ministers,  he  at  once  net 
to  work  in  collecting  forces  for  the  parpoae  of 
being  sent  afainst  ns.  He  caused  ncunarous  ar- 
mies to  he  transported  to  this  oeuntry,  in  order  to 
complete  the  devastations, conflagrattMte,  and  rob- 
beries so  well  begun.  He  nvailed  himself  af  the 
moment  when  eompliaMnted  by  the  nrinetful 
fluropean  Powers,  on  his  retntn  from  Frano^  to 
engaga  them  to  deny  us  every  encoor,  mi^  lo 
look  on  with  indifferanccLW 


indifference^  while  oe  was  s^tifying 
the  cruelty  of  his  disposition  in  destroying  «s. 

He  has  estahlisbeu.a  peculiar  regulation  for 
the  treatment  of  American  privateers,  hatha* 
vonsly  ordering  their  crews  to  be  hanged*  He 
has  forbidden  the  obaervance  towards  ns  of  the 
Spanish  naval  ordinance^establiBhed  in  eenfovm- 
ity  with  the  laws  of  nations,  and  he  has  doriicd 
everything  to  us  which  we  inrariably  aUow  to 
his  subjects  ci^nred  by  our  cruisers.  He  sent 
his  Gknerals  with  decrees  of  pardon,  which  they 
caused  to  be  published,  with  no  view  but  to  de- 
ceive the  simple  and  ignorant,  in  order  to  facili- 
tate their  entrance  into  cities  and  towns  $  but 
giving,  at  the  same  time,  private  instructions  au- 
thorizing and  commanding  them,  after  haviqg 
thus  obtained  pessession,  to  nang,  burn,  sack,  con- 
fiscate, assassinate,  and  to  inflict  every  pMible 
suffering  on  such  as  had  availed  themselvea  of 
such  supposititious  pardons.  It  is  in  the  namo^f 
Ferdinaad  of  Bourbon  that  the  heads  of  capturad 
patriot  officers  hare  been  stuck  up  on  the  high- 
ways; that  a  distinguished  partisan  leader  has 
been  actually  impaled;  and  that  the  moaeter 
Centano^  after  having  mardered  Colonel  Gamar- 
go  in  the  same  manner,  cot  off  his  head,  and  sent 
it  as  a  present  to  Generai  Pesuela,  inforating  him 
that  it  was  a  miracle  of  the  Virgen  del  Carmen. 
It  has  been  by  a  torrent  of  evib  and  bitter  afflic- 
tions such  as  these  that  we  have  been  compelled 
to  take  the  only  course  that  remained  to  us.  We 
reflected  deeply  on  our  situation  and  future  fate, 
and.  turning  our  eyes  to  every  quarter,  we  were 
unaole  to  see  anything  but  the  three  elements  of 
which  it  must  neccasarilv  be  composed— oppro- 
briom,  ruin,  and  abject  submission.  What  could 
America  expect  from  a  Kioe,  actuated,  at  the 
very  moment  of  seating  himself  on  the  throi^  by 
sentiments  so  inhuman  ?— of  a  King  who,  pre* 
vious  to  commencing  his  devastationt^  hastened 
to  prevent  the  inteq^ettioQ  of  any  other  Prince 


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AFPEITDIX. 


aosfi 


OondiUon  of  8(mih  America. 


to  restrain  the  effects  of  his  insensitc  fury  ?— of 
a  Kiog  who  has  no  other  rewards  bat  ehaias  and 
gibbets,  for  the  immease  sacrifices  of  his  Spanish 
aabjeets  in  releasing  him  from  captirity  ? — sab- 
jeets  who,  at  the  expense  of  their  blood  and  of 
every  privation,  have  redeemed  him  from  a  pris- 
on, in  <Mrder  to  bind  his  temples  with  a  crown  7 
If  these  mcUf  to  whom  he  owed  so  macb,  thus 
received  death,  were  doomed  to  perpetual  impris- 
onment or  to  base  slaverv,  for  no  other  crime 
than  that  of  having  framed  a  constitution,  what 
might  we  not  expect  to  be  reserved  for  us?  To 
hope  for  a  benign  treatment  from  him  and  from 
his  bloody  Ministers  would  hare  been  to  seek 
among  timers  for  the  mildness  of  the  dove. 

Then,  indeed,  would  have  been  repeated  to- 
wards us  the  ensanguined  scenes  of  Caraccas, 
Carthagena,  Q,uito,  and  Santa  Fe;  we  should 
then  have  spurned  the  ashes  of  the  eightv  thou- 
sand persons  who  have  fallen  victims  to  the  furv 
of  the  enemy,  and  whose  illustrious  names,  with 
justice,  call  for  revenge;  and  we  should  have 
merited  the  execrations  of  every  succeeding  gen- 
eration, condemned  to  serve  a  master  always  dis- 
posed to  illtreat  them,  and  who,  by  his  nullitv  on 
the  sea,  has  become  impotent  to  protect  them 
from  foreign  invasion. 

We,  therefore,  thus  impelled  by  the  Spaniards 
and  their  King,  having  declared  ourselves  inde- 
pendent, and  in  self-defence  against  tyranny,  have 
staked  our  honors,  our  lives,  and  our  fortunes. 
We  have  sworn  before  the  Supreme  Judge  of  the 
Universe,  that  we  will  never  renounce  the  cause 
of  justice;  that  we  will  not  permit  the  country 
which  he  gave  us  to  be  buried  beneath  ruins  and 
submerged  in  blood  by  the  hands  of  execution- 
ers} that  we  shall  never  forget  the  obligations 
that  we  owe  to  save  her  from  the  dangers  which 
threaten  her,  nor  the  sacred  right  to  require  of  us 
all  necessary  sacrifices  to  prevent  her  from  being 
soiled  by  the  foul  footsteps  of  tyrants  and  usurp- 
ers. This  declaration  is  engraven  on  our  hearts, 
that  we  may  never  cease  to  combat  in  hei  cause. 
And  at  the  same  time  that  we  unfold  to  the 
world  the  motives  that  have  induced  to  this  step, 
wa  have  the  honor  to  make  known  our  desire  of 
Uvio 
ktrsel  , 
aetcpt  our  offer. 

Qiven  at  the  Congressional  Hall  in  Buenos 
Ayres,25th  of  October,  1816. 

DR.  P.  I.  DB  CASTRO  Y  BANOS, 

Pneident, 
J.  B.  DB  BLBAS,  Secretary. 

D. 

Katet  ^ich  ihe  Secretary  of  StaU  in  the  De- 
partment of  the  Oovemment  and  of  Foreign 
Belatunu  ptacea  in  the  hande  of  Meeere.  the 
Deputies  of  the  United  States  ff  North  America, 
for  ihe  information  of  the  President  of  those 
States. 

The  nation  is  styled  the  United  Provinces  of 
South  America. 
The  number  and  denomnation  of  each,  with 


Dg  in  peace  with  all,  aad  even  with  Spain 
lelf,  fVom  ihe  moment  she  thinks  proper  to 


iu  intendencies  and  chief  towns  of  districts  (co- 
bezas  depardido)  according  to  the  former  stale 
of  the  Yiceroyalty,  appears  in  document  No.  1. 

In  1814,  five  more  provinces  were  erected, 
whose  names  are  Tucuman,  Meadoza  or  Cuyo, 
Corrientes,  Bntre  Rios,  and  Oriental  del  Rio  de 
la  Plata. 

The  capitals  of  the  two  latter  are  the  town  of 
Conception  del  Uruguajr*  or  Arroya  de  la  China, 
and  the  city  of  Montevioeo. 

Out  of  the  fourteen  provinces  into  which  the 
territory  of  the  ancient  Vicerovalty  is  now  sub-  * 
divided,  there  are  nine  in  the  bands  of  the  pat- 
riots, wnich  are  stated  in  said  document  under 
the  title  of  free  provinces ;  and  those  occupied 
with  troops,  or  under  the  influence  of  the  Span- 
ish army,  are  the  other  five,  whose  names  am 
Potosi,  Plata  or  Chareas,  Cochabamba,  La  Pai, 
and  Puno. 

In  all  the  terntorr  of  the  ancient  royalty  there 
is  but  one  archbishopric,  which  is  that  of  La 
Plata,  and  six  bishopries,  which  are  stated  in  said 
document  under  the  denomination  of  suffragans. 

The  territory  of  the  United  Provinces  con- 
tains one  hundred  and  forty-five  thousand  sqaaro 
leagues ;  their  population,  according  to  the  near- 
est estimate,  amounts  to  one  million  three  hun- 
dred thousand,  without  including  the  abor isthes. 
Their  productions,  manufactures,  and  artidea  of 
commerce,  will  be  seen  in  statement  No.  8. 

The  political  state  of  the  provinces  called  free 
is  quiet  and  tranquil ;  they  are  under  the  infln- 
ence  of  the  supreme  direction  of  the  States^ 
which  resides  in  Buenos  Ayres.  Thejr  have  their 
Governors  in  the  intendencies,  or  capitals.  Lieu- 
tenant Governors  in  the  chief  towns,  viUagesi 
d&c.  The  province  of  Assummion  del  Paraguay 
is  an  independent  State,  as  also  the  Orientu  del 
Rio. 

The  funds,  public  revenues,  and  annual  ex- 
penditures, will  be  seen  in  the  statement  No.  3; 
with  the  notes  on  the  same. 

The  land  military  force  of  the  united  terrimrf 
appears  in  the  statements  Nos.  4  and  5;  the  lat- 
ter shows  the  amount  of  arms  and  munitions  of 
war  which  it  possesses  in  its  armies,  parks^  in  its 
manufactories,  and  its  armory. 

The  naval  force  will  be  seen  in  the  suttmenis 
Nos.  6  and  7. 

The  authority  of  the  Supreme  Director,  of  his 
secretariei^  and  of  the  tribunals  of  justice^  are 
detailed  in  the  provincial  regulations,  a  copy  ef 
which  is  annexed  under  No.  8. 

There  is  a  tribunal  of  prizes,  which  is  com- 
posed of  the  Secretary  of  the  War  Departmeal, 
the  President  of  the  Chamber  of  Appeals,  the 
Asesor  del  Govierno,  and  the  Auditor  Oeneral  of 
War;  there  is  another  tribunal, which  takes ccy- 
nizance  of  appeals  from  the  decisions  of  the  for^ 
mer.  and  is  composed  of  the  Supreme  Director 
of  the  State,  the  Secretary  of  State  for  the  Got- 
ernment  and  for  Foreign  Affairs,  and  the  Secre- 
tary of  the  Treasury.  This  tribunal  takes  cog- 
nizance also  in  case  of  supplication ;  and  all  m- 
ing  subject  to  the  reglamento  del  corso,  ^No.  %% 
and  other  special  regulations,  which|  aithoogb 


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APPENDIX. 


2068 


Oondiium  of  South  America. 


not  appearing  in  tbe  proriocial  regulations  estab- 
lished by  Congress,  have  notwithstanding  been 
approved  by  the  same. 

At  the  present  moment  the  formation  of  a  con- 
stitntion  for  the  State  is  in  progress.  A  commit* 
tee  consisting  of  members  of  Congress  are  assid- 
uously engaged,  and  will  soon  present  a  project 
of  the  consutation. 

Tbe  popalation  of  the  city  of  Baenos  Ayres, 
according  to  the  eensas  of  1815,  amounted  to 
fifty  thousand  nine  hundred  and  ninety-nine  in- 
habitants. This  census  was  inaccurate  and  un- 
derrated. Since  then  tbe  emigration  6f  foreign- 
ers has  been  unusually  great,  as  also  the  emiera- 
tioQ  of  numerous  families  from  the  Banda  Ori- 
ental and  Entre  Rios^  so  that  its  population  is  at 
present  estimated  at  sixty-two  thousand  souls. 

Besides  other  institutions,  this  capital  has  what 
is  called  the  Colegio  Seminario ;  another  institu- 
tion for  the  education  of  youth,  called  the  Union 
of  the  South,  will  be  opened  on  the  25lh  May 
next,  with  a  general  plan  of  education,  particu- 
larly of  the  languages  and  sciences ;  there  is  abo 
an  academy  of .  jurisprudence,  one  of  drawing, 
four  of  the  study  of  medicine,  and  a  board  for 
the  examination  of  those  who  prepare  to  practice. 

There  are  three  printing  offices,  a  public  library 
with  twenty  thousand  volumes,  schools  for  teach- 
ing the  first  elements  in  every  parish ;  there  is  a 
society  of  men  of  taste  for  the  stage,  another  of 
friends  of  the  country,  another  of  agriculture,  a 
cannon  foundry,  a  manufactory  of  small  arms, 
one  of  swords,  an  armory^  three  parks  of  artil- 
lery, three  j»owder  magazines,  and  a  variety  of 
manuCictonet  in  different  branches. 


The  independence  of  the  State  was  declared 
at  Tucuman  the  9th  of  July,  1816,  the  Congress 
beinjg;  assembled  at  that  place,  and  there  sanction- 
ing It.  To  obtain  its  acknowledgment  by  foreign 
Powers,  communications  and  invitations  have 
been  made  to  them,  and  in  Europe  there  is  an 
Envoy  Extraordinary  to  its  several  Courts — he  is 
Doctor  Bernadine  de  Rivadavia. 

These  provinces  have  been  de  facto  indepen- 
dent of  Spain  since  the  year  1810.  when  they 
openly  made  war  upon  her  in  Peru,  in  Paraguay, 
and  in  Montevideo.  Early  in  1813,  as  soon  as 
the  province  of  Potosi  was  taken  possession  of 
by  the  patriots,  they  coined  money  there  im- 
pressed with  arms  of  the  State,  hoisted  the  na- 
tional fiag,  and  took  other  public  steps  which 
were  equivalent  to  the  most  solemn  declaration 
of  the  new  rank  which  they  assumed. 

They  armed  a  considerable  number  of  priva- 
teers, which  have  ruined  the  Spanish  trade,  and 
they  have  even  blockaded  some  ports  in  the  Pen- 
insula. 

It  was  not  the  proclamation  of  independence 
which  gave  origin  to  the  rights  of  the  Ameri- 
cans ;  it  merely  recognised  them  as  they  had  be- 
fore existed,  and  had  been  claimed  since  the 
memorable  epoch  of  the  25th  of  May,  1810. 

It  appears  unnecessary  to  make  any  further 
explanations  of  those  facts  and  circumstances, 
which,  having  ceme  within  the  knowledge  of  the 
Commissioners^  particularly  of  late,  must  have 
afforded  the  information  desired. 

QREQORIO  TAQLE. 

BoBMOS  Atbib,  April  81, 1818. 


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APPMDIX. 


20e& 


Chitdiii^n  cf  South  Aotirictk 


No.  1- 
Tabic  of  ihe  anciem  dmsion  of  the  ViuroydUy  of  Buerum  Ayre9. 


ikrcUMroprica. 

LaH«lft 

Bnenof  Ajres 

YampiUu 

Paragwr. 

Jooi«a. 

8ta.  Cm  dB  la  BmM. 

I  Palayit  and  FMpayt  raffilgUia* 

La  Pax. 

CoirMiiteUPUte. 

Oi«io. 

BoiiioaAjrfttk 

8ta.Fe. 

Paria. 

Cordova* 

ttaiaoaado. 

Cazangai.                  » 

Batta. 

k  Colonia. 

Paragnajy 

YOlaBica. 

-  8ta.  Gnu  da  la  8ieira« 

Vafle-Orande. 

Ciirifl^aato. 

Miiqae. 

BtfenoB  Ayica* 

TUIa  Heai;  Codiibimto. 

Elixa. 

Fidragtt^. 

Cordon, 

Mendon. 

Isque ;  fbe  pi'o?itoo0f . 

jitomnBEa^ 

Rioja. 

T^toon ;  indiidiiigUiOMr. 

Tnemiiaa. 

BLhmm. 

BtLoQif. 

AjroMTH  l«id  off  far  1814. 

Balta.^ 
CortiBttfia. 

8ifiA» 

Ji^iy, 

Pl^yMJAA 

OilnilaL 

Tii€«iiuau 

Sieaaica. 

BftMBiM* 

Suitadal  £ftiro  La  Pai. 

.  OnTaMiyoa. 

CaUmoea^ 

Laiicajo* 

. 

Poton,    .       . 

,  Porco* 

ClkalQmatiL 

ChajanM. 

ApotobaMba. 

Chicas. 

xjanvpa. 

} 

Tar«a» 

Puno. 

Upm. 

ArangaM. 

AlMama. 

Chiimito. 

• 

*  Theaa  are  the  intendendea  and  chief  towna  of  aobordinate  diatricta;  aa  eaeh  one  haa  a  nnmber  of  other 
diftrieta  belonging  to  it. 

BuiMOB  Atrbs,  April  21, 1818.  TAGLSL 

No.  2. 

Showing  the  producHoMy  mamtfacturee,  and  branchee  of  commerce  of  the  free  mtendendee  and 

their  dependencies. 

Buenoa  Ayre^.— Grain,  hides,  tallow,  wool,  hair,  horns.  These  are  an  inexhaustible  supply  of 
commercial  resources  i  tne  trade  with  the  Pampas  Indians  alone,  in  montas,  wool,  salt,  bridle  reins,^ 
and  feathers,  exceeds  the  sum  of  $100,000  per  an  nam. 

Paragiiay, — Wood  of  a  superior  quality,  of  many  yarieties;  the  herb,  man i,  tobacco,  guambe, 
and  peasaba  for  cables,  honey  and  molasses,  dried  sweetmeat^  sugar,  rice,  cotton  cloths,  rariout 
kinds  of  gpms  and  raisins,  beautiful  birds. 

CordoSa. — Grain,  hides,  woollen  and  cotton  cloths,  raising  of  mules  and  herds,  excellent  lime, 
minerals  of  gold  and  silver. 

Mendoxa. — Dried  fruits  of  many  different  kinds,  wines  and  brandy,  grain,  cattle,  woollen  cloths, 
carriage  of  goods,  and  wagons  for  the  transportation  of  commodities  to  Chili,  Buenos  Ay  res,  and 
other  provinces^inerals  of  gold. 

7\fci«iitan.—W'oods,jpiin,  rice,  oranges,  mani,  tobacco,  honey,  wax,  excellent  cheese^  woollen  and 
cotton  cloths,  raising  of  herds,  transportation  of  merchandise,  and  wagons. 

SaitcL — Tne  raising  of  herds,  mules,  (of  which  there  are  annually  sent  seventy  or  eighty  thou- 
sand head  to  Peru,)  grain,  sugar,  honey,  molasses,  and  brandies,  wool  of  a  superior  quality,  as  also 
of  the  yacuna,  cloths  of  it,  woous,  minerals  of  gold  and  silver,  copper,  iron,  and  tin,  sulphur,  alum, 
and  vitrioL 

C9rrient6«.— Hides,  hair,  cotton,  agi,  mani  of  different  kinds,  honey,  dried  sweetmeats,  sugar, 
charcoal,  cotton  and  woollen  cloths. 

Entre  Rioe  and  Banda  OrientaL-^x  hides,  horse  hides,  deer  skins,  otter  and  chinchilla  skina, 
tallow,  dried  and  sale  meat. 

BuBNOB  Atebb,  AprU  21, 1818.  TAQLB. 


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2Q«a 


Ou^iiiim  t^/Sbuih  Ammicok 


iShnerta  'BOUJurnuhed  by  the  Secretary  of  the  7^wmtry,inpurmMu:eof  the  (n*der  of  the  Supreme 
Dfreetorefthe  State^  ehofwing  the  capucUe  orfunde^  and  brandkM  which  oompaee  the  masa  <^the 
naHonal  revenue,  ite  produce  in  the  year  1817,  the  expenditures,  and  the  balance  remaining  in  <^ 
treettfury  at  the  end  of  the  eame  year,  with  an  account  of  the  other  Junde  and  capitals  qfthe  Stide^ 
debfs^  and  credits,  viz: 


Icoeipts,  1817. 


Mirmuhei  of  revenue — 1st  dois. 
Balance  in  the  treasniy  Jan&aiy  1, 1817,- 
Tenthi,  end  old  doty  of  one  and  a  half  per  eent  on  eilYer, 
Salee  of  land,  ..... 

Fini-fraits  of  chril  Offioea     •  - 

Stamp  paper,  .  •  •  •  . 

Tarem  Ucencee,       -  •  .  .  .      ' 

Other  treasoriee,  ..... 
Nintha  of  the  State,  .... 

LiTalidoa  (or  ineolfvndee,)  .... 
BiUa  of  exchange,  ..... 
Ordinary  rerMiQe,    •  «  •  .  • 

Seceipte  of  the  cnetom^iia,  pledged  in  te  aamef 
Beceipta  of  the  cnetom-hoiiM,  pledged  in  the  lame, 
Receipts  from  the  poet  office,  ... 

Reoeipta  of  the  police,         .... 


Expenditoref, 
1817. 


Expenditwm  charged  on  the  masa  of  the  revenue. 
Salariee  of  dnl  or  politicatoffieen,  ... 

Salariea  of  minietera  and  fdveign  agenta,      - 
Salariea  of  the  militaiy,  and  expeniee  of  the  War  Department, 
Contingent  expentea,  ..... 


Vacant  benefices 


Branches  of  the  second  class. 


8S&4 

1,668  ^ 

17,568  % 

16,756  » 

106,647  4 

4)276  6 


36M27  0} 

885/)74  H 

1,118,102  d| 

98,604  6 
386,890  ^ 

60,156  2 


8^201,709  0} 


Eocleeiatftical  fint-frnits, 
BiealaaiiriBal  daet, 
Temporalitiea,  or  glebes, 
Military  lond. 
Ministerial  fond, 
Sorgeona*  ftind, 
Monidpal  war, 
Beposites, 


MisuUf^or  summary. 
Rpodaea.o£  ail  the  branchee,  1817, 

I  ef  the  same,  in  the  same. 


Bematning  in  the  treasarj,  in  cash 
In  deposites, 


Ia  capMa  of  temporalitiefl^  P''*^  ^  intaiest,  redeemable  at  fye  per  cent« 
In  good  unaettled  accounts  of  ' 


former  yeani. 


Amoantinpropertj*  good  accounts,  deposites,  and  snms  at  interest, 
Amount  real  and  personal  estate  o(  the  commonwealfli, 
In  advances  made  by  the  State  treasnrles,    .  .  .  * 

Balance  on  accounts  liquidated        •  .  «  .  - 

Tbtalof  the  ftinds  of  the  State,        .  .  .  .  . 

Bebta  of  the  Sute,  ...... 


Bdanoe  in  firror  of  tike  nttieBal  ftaad, 


17,245  8 

1,900  0 

75  0 

111  5 

6,784  2} 

812  5 

4,976  2 

98  5 


$266  » 

869,427  (^ 

65,143  5 

1,118,102 

73,988 

386,558  7| 

49,404  41 


2,007,965  7f 

56,164  3f^ 

9^584  ^ 

458^050  2& 

480,868  6i 


8^479  6 


8,037,187  64 


2,967^19  0}^ 
€^9  7^ 


8,959  4 
11,683 
4,084  5 


14,306 


^■^ 


$3,087,187 
3,003,224 


38,968  H 

6,429 

98,859 

8|554,404  % 


8,686^l«  1$ 
9,310,472'  H 


19,055,697  5i 
1,438,064  0 


17,617,548  bi 


*BiJan0e,»38,963  H. 


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APPim>nL 


2D64 


€hndi&um  t>f  Souih  America. 


Ewpositum  of  the  property  and  funds  of  the  SkUe^  in  aU  their  various  classes. 

Iq  cwh  in  the  treasuries  of  the  State,  of  the  custom^hoose,  post  office  and  police  -  933:963    1^ 

In  good  unsettled  accounts  of  former  years         -  -  -  -  -  -  8|5M,403  24 

Deposites   -.---.---.-         6,429  2| 
In  capitals  of  temporalities,  at  5  per  cent,  interest  .....      93,359  3^ 


In  real  and  personal  estate  of  the  CommonweaUh. 

B7  value  of  the  effects  in  the  storehouses  of  the  treasnry 
By  ralue  of  amount  fn  custom-bouse  chests   -  -  .  - 

By  value  of  the  custom-house  and  resguardia,  and  fifteen  vessels  - 
By  value  of  the  marine,  and  fifteen,  vessels  .... 
By  value  of  the  public  library  ..... 

By  idem  of  the  commissariat  of  clothing  .... 
By  idem  of  edifices  belonging  to  the  State,  and  under  the  direction 

of  the  Secretary  o[  the  Treasury 
By  idem  of  others,  in  which  the  State  has  an  interest 
By  idem  of  mathematical  instruments  .... 

By  idem  of  the  articles  belonging  to  the  police         ... 
By  idem  of  the  general  of  accounts    ..... 
By  idem  of  the  proceeds  of  the  post  office  and  the  buildings 
By  idem  of  the  Colegio  de  la  Uoiou,  temple,  and  adjacent  buildings 
By  idem  of  the  edifice  which  serves  as  a  military  prison 
By  idem  of  the  furniture,  dtc.  of  the  different  offices  in  the  fort  or 

S;overnment  house 
,     em  of  the  arms,  ordnance,  and  munitions  of  war,  with  the  armies 
By  idem  of  the  general  park  in  this  capital    -  -  .  - 

Bf  idem  of  the  cannon  foundry  ..... 

By  idem  of  the  manufactory  of  small  arms    -  ^       - 

By  idem  of  the  arsenal  -  -  -   '       - 

Bf  idem  of  military  edifices  in  the  capital,  and  at  Ensenada 

By  idem  on  the  frontier  ...... 

By  idem  of  the  effects,  dbc.  in  the  storehouses  of  the  commissariat  of 
war  ----..,. 

By  idem  in  that  of  the  capital  ..... 

Advances. 
Thoso  made  from  the  State  treasury    -«..... 

Balances  on  accounts  setUed. 
On  those  liquidated  by  the  general  treasury  ....  $62,908  2 
Same  at  the  custom-house  -  -  -  -  •  .  454,396  4 
Same  «t  the  post  office  -  -  -  -  •  -  16,039  1 
Same  by  the  collector  of  contributions  from  commerce,  from  differ- 
ent bodies,  incomes,  bread,  and  beef  ....  176i300  0 
Same  by  the  debt  due  from  the  State  of  Chili,  as  far  as  liquidated  50,346  0 


8,688,156  li. 


$2,26^,104.  U 
2,233  2} 
12,197  0 
188,199  0 
158,322  ^ 
53,462 

928,625  4 
70,000  0 
2,184  4 
24,017  2f 

3,259  4 

60.895  4 

2,000,000  0 

45,000  0 

15,000  0 
460,149  7 
1,337,876  3i 
59,312  3 
88,206  04 
307,535  0 
1,168,981  5i 
26.000  0 


4 
6,258  0 


9^10,472  5^ 
290,078  7i 


759,889  7i 
»19,066  597  gj 

Notes. 

ist  The  public  lands  of  the  State,  which  consist  of  hundreds  of  leagues  in  the  vast  extent  of 
the  provinces,  and  whose  value  may  be  estimated  at  many  millions  of  dollars,  are  not  included  in 
this  statement.  ^ 

2d.  The  whole  of  the  property  and  funds  exhibited  relates  only  to  the  province  of  Buenos 
Ayres,  excluding  those  of  Entre  Kios,  Sta.  Fe,  and  Corrientes ;  without  making  mention  of  the 
estimates  of  the  rest^  which  amount  to  many  millions,  in  the  produce  of  their  peculiar  branches 
and  property  of  different  kinds,  on  account  of  some  of  them  being  occupied  by  the  enemjr,  and 
net  possessing  sufficient  data  to  state  the  particulars  with  accuracy ;  nevertheless,  aceordiiu;  to 
the  table  of  estimates  made  by  the  ffeneral  of  accounts  in  the  year  1810,  uking  the  whole  or  the 
provinces  of  the  ancient  viceroyalty,  which  at  present  compose  the  union,  it  appears  that,  at 
that  date,  the  liquidated  estimates,  without  including  incomes,  lou  of  ground,  capitals  at  iaterest, 
and  other  funds,,  bjit  merely  the  administrable  proceeds,  amounted  to  six  million  eleven  thou- 
sand eiffht  hundred  and  two  dollars. 

3d.  No  mention  is  made  in  this  table  of  the  annual  revenues  of  the  Cabildo  of  this  capital,  which, 


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^Mhuth  Aimentto. 


la  1817,  amounted  to  $367^369,  because,  as  municipal  funds,  they  have  their  peculiar  ileatiaation ; 
leavloff,  howeyer,  a  considerable  residue,  which,  in  case  of  necessity  hj  the  State,  may  be  aj^o- 
priated  to  its  use,  as  also  those  of  the  other  Gabildos  of  the  union,  of  which,  from  the  distance  wbA 
shortness  of  time,  it  has  not  been  possible  to  give  an 'exact  account. 

4th.  The  amount  of  public  aebt  acknowledged  by  the  States  accrued  in  former  years,  until  the 
close  of  last  December,  paid  during  the  administration  of  the  present  Director,  is  $1,135,483  5|. 

5th.  Although  the  Post  Office  Establishment  produoes,  at  present,  after  deducting  all  expenses, 
a  small  balance  in  faTor  of  the  State,  this  is  owing  to  the  franks  on  ultramarine  communications, 
and  the  interruption  of  intercourse  with  the  provinces  occupied  by  the  enemy ;  but,  in  case  or 
their  becoming  free,  the  administration  of  this  capital  alone  will  produce  a  surplus  of  ^30,000, 
and  the  interior  provinces  in  proportion.  £ST£VAN  A.  GASCON. 

BuBNOs  Ayrss,  April  14, 1818. 

No.  6. 
TabU  thawing  the  vBB9d9  of  war  of  the  navf  of  the  State,  vhich  are  aJt  present  in  commiision. 


Veisels. 

Number  of  officen. 

i 

1 

Guns. 

i 

1 

! 

1 

BrigBelen     - 

Brig  Aransair 

Brig  Tweaty-filth  May 

Gaives 

Chacabuco 

Cutter  Invmcible       - 

Fortune 

Felucca  St.  Martin    • 

2,  commandant  and  second 
2,  commandant  and  second 

2,  commandant  and  second 
2,  commandant  and  second 
1,  commandant 
1,  commandant 

14 

20 
24 
18 

7 

10 

8 

7 

26 
34 
25 
22 
23 
18 
17 
20 

12—2  of  18,  8  of  8,  2  swivels      - 

10— 2  of  18,8  of  8 

14^2  of  18,  8  of  8,  and  2  car.  of  8 

8  of  6— 8 

8of8,  lOcar.of  10 

8of6     - 

8  of  8  car.,  6  of  6 

lof8     - 

34 

20 

15 

8 

14 

8 

0 

7 

1210  20 

-1218 
2524   6 

4 

.   .16 

8 

-    6 

Totals. 

94 

185 

09  different  caUbi^ 

116  44 12  60^ 

NoTB< — There  are,  besides  the  above-mentioned  brigs,  the  Eol  and  the  Rosario,  which  are  at  preeeni  en- 
gaged in  procuring  ^bmi  crews ;  also,  there  are  two  gunboats,  a  ftlncca,  and  a  launch  emploved. 

MATTIAi^DB  ALDAO. 
Bvsvos  Avmxs,  March  13, 1818. 


No.  7. 
Statement  rfthepritatearmedveeeeUvhiehhameaikdjTvmihit 


Jane  25, 1817, 
August  18, 1817,    • 
November  6, 1817, 
November  20, 1817, 
Deeember  6, 1817,  • 
January  19^  1818,  • 
Janoaiy  8, 1818,    • 
Febfuaiy  20, 1818, 
February  24, 1818, 
February  24, 1818, 
March  4»  1818, 


Ship  Argenteiva»  - 

Brig  Atiovido  del  Sndy 

Corvette  Union»    - 

Schooner  Puevrredon, 

Brig  Indepenoenoe, 

Schooner  Tucuman, 

Schooner  Cyripo,  - 

Schooner  Baenoe  Ayres, 

Schooner  Alerto    - 

Ship  Vigilaacio,  - 

Corvette  Picado  de  Buenos  Ayres,  tvadtng 


Capt  Hipolito  Budiard. 
Capt  John  D.  Handell. 
Capt  John  Brown. 
Capt  Diego  Bamee. 
Capt  Joan  Grinaldee. 
Capt  George  Wilson. 
Capt  AdamPoad. 
Capt  Juan  Dealer. 
Capt  Daniel  Chajior. 
Ca^  George  Boss. 
Capt  Ebeneaer  H.  Atis. 


BvsvM  ATBia,  Jfarc4  18, 1818. 


IRIGOGBN. 

BuMfOi  AYMMBf  April  S3,  1813. 

I  send  you,  ffentlemeo,  the  statements  and  notes  which  exhibit  the  present  situation  of  the  Uiittad 
Pfforkees  of  South  America,  in  order  that,  with  the  information  they  may  afford,  hb  Bxceileuef 


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APPBNDDL 


2068 


Condition  of  SinOh  Jhnerica. 


the  President  of  the  United  States  of  North 
America  may  proceed  in  his  steps  in  relation  to 
these  countries  in  the  way  most  conformable  to  his 
high  intentions,  and  to  the  greater  prosperity  and 
aggrandizement  of  the  new  world.  Gkxl  preserve 
you  many  years,  dbc 

GREGORIO  TAGLE. 
Messrs.  C.  A.  Rodney  and  J.  Graham. 


B. 
Provisional  regulation^  sanctioned  by  the  Sov 
ereign  Congress  of  the  United  Provinces  of 
South  Americaffor  the  government  of  the  State, 
to  be  observed  until  the  adoption  of  the  consti' 
tution. 

SECTION  I.— Op  Men  in  Society. 

CoibPTEE  1.— Cy  the  rights  which  belong  to  all 
the  inhabitants  of  the  State, 

Art.  1.  The  rights  of  the  inhabitants  of  the 
State  are  those  of  reputation,  liberty,  equality, 
property,  and  security. 

Art.  2.  The  first  has  an  acceptation  so  uniform 
as  to  render  its  explanation  superfluous.  The 
8«cood  is  the  good  opinion  of  his  fellows,  which 
every  man  strives  to  win  by  the  rectitude  of  his 
conduct.  The  third  is  the  right  of  acting  accord- 
ing to  the  dictates  of  a  man's  own  will,  so  long  as 
he  neither  violates  the  rights  of  the  public  nor 
those  of  individuals.  The  fourth  consists  in  the 
law  being  equal  to  all,  preserving  alike  the  rights 
of  the  weak  and  the  powerful.  The  fifth  is  the 
right  of  full  and  unmolested  enjoyment  of  prop- 
erty. The  sixth  is  a  guarantor  granted  by  the 
State  to  every  one  that  his  rights  shall  not  be 
violated,  unless  (he  conditions  be  broken  upon 
comipiiaoce  with  which  their  enjoyment  is  by  law 
made  to  depend. 

Art.  3.  Every  inhabitant  of  the  State,  be  he 
American  or  foreigner,  citizen  or  not,  shall  enjoy 
these  rights. 

Chapter  2.-- Of  the  religion  of  the  State, 
Art  1,  The  Apostolical  Ramaa  Catholic  reli- 
gion shall  be  the  religion  of  the  State. 

Art.  2.  Every  man  ought  to  respect  the  public 
worsliip  and  the  holy  religion  of  the  State  ;  the 
violatioQ  of  this  law  shall  be  deemed  an  infrac- 
tion of  t^  fandaiHientat  laws  of  the  country. 

CBAPTEa  3.— Of  citizensh  p. 

Art.  I.  AH  (he  mm>ioipalities  of  the  provinces 
shall  fo^flfr  immediately  a  public  register,  to  con- 
sist of  tipop  books  I  in  one  of  which  it  shall  be  an 
indispensable  duly  to  wrioe  the  names  of  all  the 
citizens^  with  a  statement  of  the  age  and  origin 
of  each  ;  in  the  otter  shall  be  written?  tha  naiaes 
of  those  who  have  lost  the  right  of  citizenship, 
or  are  suspended  from  its  enjoyment. 

Art.  2,  Every  citizen  shall  obtain  a  certificate, 
signed  by  the  alcalde  ordinario  de  primer  voto, 
and  aotsted  b^f^the  notarf  of  the  municipality,  of 
his  aaroliBent  in  the  register  aforesaid ;  without 
which  evidence  he  skall  not  vote  at  the  etections 
hereinafter  mentioned. 


Art.  3.  Every  free  maa,  born  and  resident  in 
the  territory  of  the  State,  is  a  citizen,  but  shall 
not  exercise  the  rights  of  citizenship  untU  he 
shall  attain  the  age  of  twenty-five,  or  oe  emanci- 
pated. 

Art.  4.  Every  foreigner,  of  the  same  age,  who 
may  have  established  himself  in  the  country, 
with  the  intention  of  fixing  there  his  domicii, 
and,  having  been  resident  there  for  four  years. 
shall  have  become  possessed  of  four  thousand 
dollars  worth  of  property,  or,  not  holding  prop- 
erty to  such  amount,  shall  exercise  some  trade, 
or  pursue  some  occupation  useful  to  the  State, 
shall  enjoy  the  right  of  suffrage  in  the  assemblies 
of  the  citizens,  provided  he  Knows  how  to  read 
and  write. 

Art.  5.  After  ten  years'  resideBce,  he  shall  be 
eligible  to  all  public  employments,  except  those 
of  the  administration  of  the  Grovernment ;  but,  to 
entitle  him  to  the  right  of  suflrage,  and  to  render 
him  eligible,  he  must  first  renounce  tdl  other 
citizenship. 

Art.  6.  No  European  Spaniard  shall  enjoy  the 
right  of  suflrage,  or  be  eligible  to  office,  while  the. 
independence  of  these  provinces  is  unacknowl- 
edged by  the  Gbvernmeat  of  Spain. 

Art.  7.  With  the  exception  of  £^aiis»Tda  o{ 
this  class,  who  hare  deelered  in  favor  of  libart^, 
and  have  rendered  distinguished  services- lo^  tae 
State  ;  these  shall  eniojr  citizenship^  proper  kth 
ters  of  naturalization  being  first  obtained. 

Art.  8.  Those  born  in  the  countrf,  of  Afneaa 
blood,  whose  ancestors  may  have  been  slaves  ia 
this  continent,  shall  have  the  right  of  suffrage, 
their  fathers  being  freemen,  and  shall  be  eligible 
to  office,  provided  they  be  in  the  fourth  d^ree 
fVom  said  ancestors. 

Art.  9.  Those  Spaniards  aotl^  other  fotei^era 
who  solicit  citizenship  must  first  prove  their  good 
conduct. 

Art.  10.  They  shall  both  swear  to  defend,  even 
to  the  extent  of  sacrificing  properly  and  iife,  the 
independence  of  the  United  Provinces  of  South 
America  against  that  of  the  King  of  Spain,  his 
successors,  and  the  metropolis  aa^  every  oiket 
foreign  Power.  The  Supreme  Director  shall 
have  the  power  to  appoint  one  or  more  commia- 
sioners  to  administer  the  oath. 

Art.  11.  Letters  of  nanualisatkitf  slmtt  bar 
granted  only  to  these  who  have  nesided  £mi#' 
years  within  the  territ<0Tie9  of  the  Blftte^ttslcav 
eminent  merit,  distia^uished servicer,  or  m»p!«l^ 
lie  weal  demands  that  such  residence  be  dh^ 
pensed  with^  it  shall  be  left,  fbr  the  preseM,  M 
the  wisdom  of  the  Supreme!  DirecTor  to  deter- 
mine when  it  shall  be  expedient  so  to  dkpeirse 
with  it. 

Art.  12.  The  proofs  of  adhesion  to  the  sacred 
cause  of  national  independence,  and  other  feqm^ 
sites  expressed,  shall  be  made  before  the  gover- 
nors or  lieutenant  getenioiw^ef  the  proviafaeaa 
whose  territories  the  applicant  may  reside  with 
formal  hearing  before  the  sindioo  procuraier^  oa 
being  notified  by  the  nafunicipafitf,  and  the  aaid 
governor;  and,  in  defhnlt  ef  this,  the  applmilioa 


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APPENDIX 


2a70^ 


CondiUm  of  QovHk  Awurica, 


sbiU  be  lejeeied.    Tke  IcUert  of  DaturaKzatioa 
sbaU  be  poblUbed  in  Uie  Ministerial  Gazette. 

Chapter  4.— Of  the  prmUgt»  of  eitizen$hip. 
Art.  1.  ETerf  citizen  is  a  component  part  of 
the  national  sorereignty. 

Art.  2.  In  rirtoe  of  which,  he  has  the  right  of 
safirage,  and  is  eligible  to  office  in  those  cases 
designated  by  this  proTisional  regulation. 

CB&rrtti  b,^€fthe  sivelral  modet  in  ithieheiii^ 
mmhii^mafbeio&t,andiU€nfoymem^$uip0miied. 

Art.  1.  Citizenship  shall  be  lost  by  natvraliza- 
tiett  m  tt  feieiffD  eoaotry  f  by  accepting  oflbres, 
peBfSioiis,  or  titles  of  nobility  from  anther  na- 
tkm }  by  the  illegal  infliction  of  corporal  or  infa- 
mous punisbflMttts;  by  fMrod  in  a  deblor,  uotit, 
Ike  reproach  beinf  wiped  airay,  a  new  ^fualiOca- 
tion  be  obiaitted. 

Art.  2.  Citizenship  shall  be  suspended  when  a 
debtor  to  the  Slate  is  under  execution :  by  actu- 
sacfoa  of  a  erime,  prorided  it  be  well  feunded, 
and  the  punishment  prescribed  be  corporal  or  in- 
famoue;  by  being  a  hired  domestic  serrant;  by 
net  holding  pnperty,  or  pursuing  some  oecupa- 
tloo  lacrativeaiid  useful  to  the  country ;  by  mad- 
seta  or  insanity. 

Art.  3.  Any  ma^^istrvte  who  deprifes  a  ciliaen 
of  his  right  ef  eiiiaeasblp,  except  for  the  causes 
enumerated  in  article  3,  shall?  be  punished  by 
being  depri?ed  ef  his  own; 

Art.  4.  Theaa  judges  who  sbdl  neslect  to  eon* 
rtf  10  the  sererM  araaioipalities  information  of 
the  names  which  ought  to  be  erased  from  the 
register^  mentioned  m  article  1,  chapter  3,  in  con- 
aeqoence  of  legal  cenvietion  of  crime,  shall  be 
deprited  of  the  right  ef  sofrage^  and  be  ineligi- 
ble at  two  succeeding  elections* 

Cmavsmsl  t.'^Qf  Iht  dutim  <^  evity  man  in  the 
Slate. 

Art.  1.  Every  man  in  the  State  owes,  in  the 
fliBC  piace^  complete  submission  to  the  law ;  doins 
the  good  which  it  ea»jotn%  and  aToidkg  the  eril 
whieh  it  proliibcts^ 

An.  2k  Obedience,  honor,  and  respect,  are  d«e 
to  the  magistrates^  as  miaktef  s  of  the  law  and 
fiarat  oitisens. 

Art*  3l  Ertry  man,  unless  he  be  a  foreigner, 
ahsll  eheerfiilly  make  all  the  sacrifices  reared 
bp  tbe  country  in  its  necessities  and  daagerS|  not 
even  excepting  that  of  Hfe. 

Art.  4.  It  is  his  duty  to  contribute  to  the  sdp- 
pott  and  preserr aiion  of  the  righu  of  the  citiscn, 
and  to  the  felicity  of  the  State. 

Aru  5;  To  deserms  the  delightful  and  honor- 
able tide  of  nun  of  worth,  being  a  good  father  of 
a  fiu&Uy,^  a  good  aen,  a  good  brother,  and  a  good 
friend. 

CaiPTBtt  7.— Tike  duuiee  ofiociety. 

Art.  1.  Society  ought  to  secure  to  its  members 
the  enjoyment  of  tbe  rights  of  man. 

Art.  2»  It  ought  to  aitefiate  the  misftrlunes  of 
the  citigensi  and  to  use  adequate  means  Anc  tiielr 
pioeperity  and  instruction. 

Art.  3.  Any  regnkaion^  ei  statute  contmy  to 


the  principles  established  Ia  the  preceding  articles 
shall  be  of  no  effect. 

SECTION  II.— Op  the  Lioislativb  Fowbr. 

Cbaptbb  1. 

Art.  1.  Tbe  legislative  power  is  resident  onr- 
inally  in  the  ne;tion ;  its  permanent  exercise,  the 
mode,  and  Hs  limits,  shall  be  established  by  the 
constitution  of  the  State.  In  the  interim,  this 
prorisional  regnlatios  shall  be  in  force,  whiek 
shall  be  neither  amended,  interpreted,  or  have 
any  aiddition  made  to  it,  except  br  tbe  soreKlga 
Congress ;  two-thirds  of  its  members  concurring 
in  the  measure,  and  cifcemstaacee  demanding  itt 
adoptioa. 

Art.  2.  Until  tbe  censtitufien  maites  proper 
provisioir,  all  the  statutes  and  regulation  vn  well 
general  as  particular,  of  the  ancienv  SpMiish 
Government,  which  may  not  be  hostile  to  the 
liberty  of  these  prof  inees,  nor  in  coatraviety  to 
this  provincial  regulation  and  also  such  of  the 
regumtions,  made  since  the  25th  of  Bf ay,  1818^  ae 
are  in  conformity  with  it,  shall  subsist. 

Art.  3.  The  Supreme  Dkector  of  tbe  State, 
the  judges,  and  public  officers  of  every  denomi- 
nation^  may  communicate  to  Congress,  and  coif 
suit  with  that  bedy^  vpon  the  doubts  that  may 
occur  in  the  application  oi  the  laws  and  regula- 
tions, general  or  particular,  whenever  they  con- 
sider them  in  conflict  witn  declared  rights  and 
the  actual  system  of  the  Qovemment  f  and  the 
resolutions  adonted  in  consequence  shall  be  com- 
nronicated  to  tbe  executive  power. 

SECTION  IIL— Or  Ten  BxnctnnTB  Powan* 

CBAPTEtt  L^Ofihe  mode  rf  ehooeing  the  JDiree- 
tor  of  the  State,  and  of  his  powers. 

Art.  1.  The  supreme  executive  power,  cmtil 
by  it  elsewhere  placed,  is  in  the  nation,  and  shall 
be  exercised  by  a  Director  of  the  State. 

Art.  2.  Until  a  constitution  be  adopted,  the 
Congress  shall  name,  from  among  all  the  citi- 
zens of  the  provinces,  him  most  worthy  and  best 
qualified  for  so  high  an  office. 

Art.  3.  In  case  of  the  absence  of  the  Director 
in  the  defence  of  the  State,  or  of  other  legal  imr 
pediment  in  the  exercise  of  this  office^  the  Con- 
gress shall  make  suitable  provision. 

Art.  4.  Those  citizens  who  are  natives  of  the 
country,  and  who  have  resided  in  it  at  least  five 
years  immediately  preceding  the  election,  can 
only  be  elevated  to  the  Supreme  Directorship. 

Art.  5.  The  compensation  of  the  Director  of 
the  State  shall  be  twelve  thousand  dollars  an- 
nually, and  he  shall  receive  no  other  emoloment. 

ArL  &  The  person  filling  this  office  shall  con- 
tinue in  it  until  a  constitution  be  adopted,  or 
until  such  time,  anterior  to  it,  as  Congress  may 
deem  proper.  _ 

Art.  7.  His  tiUe  shall  be  that  of  ExoeUenay; 
his  guard  and  honors  those  of  a  captain-general 
of  the  arniy,  respect  being  had  to  toe  ordinance. 

Art.  8.  Upon  his  entrance  into  office,  he  shall, 
before  the  Uongress,  or  such  commissioner  or 
oommissioners  as  they  may  appoint,  assisted  by 


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APPENDIX. 


2072 


Oondiium  of  South  America, 


all  the  corporations  of  the  place,  take  the  follow- 
iDg  oath : 

"  I. ,  do  swear,  by  God,  oor  Lord,  and  these 

Holy  Evangelists,  that  I  will  discharge  faithfully, 
and  conformably  to  law,  the  office  of  Supreme 
Director  of  the  State,  to  which  I  have  been  ap- 
pointed ;  that  I  will  observe  the  provisional  reg- 
ulation adopted  by  the  sovereign  Congress,  the 
3d  of  December,  1817;  that  I  will  protect  the 
Apostolical  Roman  Catholic  religion,  being  ever 
watchful  to  secure  it  respect  and  observance; 
that  I  will  defend  the  territory  of  the  provinces 
of  the  Union  against  all  hostile  aggression,  adopt- 
ing such  measures  as  I  may  deem  suitable  to 
preserve  its  integrity  and  independence ;  and  1 
will  retire  from  this  office  when  the  sovereign 
Congress  shall  so  order.  If  I  do  thus,  God  pros- 
perne ;  if  not,  to  him  and  my  country  will  I  be 
aoeouniable." 

ArL  9.  He  shall  watch  over  the  execution  of 
the  laws,  and  the  right  administration  of  justice, 
urging  its  functionaries  thereto,  and  to  the  carry- 
ing into  effect  the  regulations  or  Congress,  giving 
for  the  last  object  the  necessary  orders. 

Art.  10.  He  shall  submit  to  the  consideration 
of  the  national  representatives  projects  and  re- 
forms conducive  to  public  happiness. 

Art.  11.  He  shall  be  commander-in-chief  of  all 
the  forces  of  the  State,  and  shall  have  under  his 
orders  the  navy,  the  army  of  the  line,  and  the 
national  militia  of  every  description,  for  the  pro- 
tection of  civil  liberty,  the  defence,  tranquillity, 
and  good  order  of  all  the  territory  of  the  Union. 

Art.  12.  He  shall  be  the  orean,  and  shall  rep- 
reeeni  the  United  Provinces,  for  the  purpose  of 
treating  with  forewn  Powers. 

Art.  13.  When  be  deems  a  rupture  with  any 
foreign  Power  inevitable,  he  shall  submit  to  Con- 
gress the  causes  which  impel  to  it. 

Art.  14.  If,  upon  a  view  of  these,  or  for  other 
reasons,  Congress  should  decree  war.  the  Su- 

1>reme  Director  shall  proceed  to  its  solemn  dec- 
aration,  being  authorized  to  raise  land  and  sea 
forces,  to  direct  their  movements,  and  to  adopt  all 
the  measures  necessary  to  the  common  defence 
and  the  annoyance  of  the  enemy,  respect  being 
always  had  to  article  4,  chapter  1,  section  6,  <? 
the  army  and  navy. 

Art.  15.  He  shall  have  the  power  of  commenc- 
inff,  conducting,  and  signing  treaties  of  peace, 
alliance,  commerce,  and  other  foreign 'relations, 
which,  however,  to  be  valid,  must  be  approvea 
by  the  Congress  within  the  time  stipulated  for 
their  ratification,  he  transmitting  in  this  stage  of 
the  negotiation  all  the  documents  relating  to  it. 

Art.  16.  In  those  cases  in  which  secrecy  is  not 
essential  to  the  happy  result  of  negotiations,  he 
shall  submit  to  Congress  their  object  and  tneir 
state,  to  nrocure  from  this  body  such  assistance 
as  may  facilitate  them. 

Art.  17.  He  shall  receive  the  ambassadors,  en- 
voys, and  consub  of  other  States,  and  shall  nom- 
inate those  whom  it  may  be  proper  to  send  to 
foreign  courts. 

Art.  18.  He  shall  appoint  to  all  military  offices 
and  employmenu,  generalships  of  the  army,  and 


naval  forces,  conforming  to  the  eziMiag  ordi- 
nances of  the  army  and  marine,  so  fat  as  they 
may  be  applicable. 

Art.  19.  He  shall  have  the  power  of  rewarding 
meritorious  officers  by  promotion,  and  by  be- 
stowing medals  of  such  form  and  design  as  he 
may  deem  best,  without  any  allowance  in  mo- 
ney, however,  independent  of  the  pay. 

Art.  20.  He  shall  have  the  general  superinten- 
dence over  all  the  branches  of  the  national  prop- 
erty and  rev^oes,  over  mints,  mines,  posts,  and 
highways. 

Art.  21.  He  shall  appoint  for  the  present  to  all 
offices  vacant  in  the  cathedrals  of  the  United 
Provinces,  and  to  all  other  benefices  to  wkiek 
may  pertain  the  right  of  presentation. 

Art.  23.  He  may  suspend  public  officers  for 
just  cause,  giving  afterwards  an  account  to  Con- 
gress. 

Art.  24.  If  the  suspension  be  merely  (ot  rea* 
sons  of  policy,  the  sovereign  Congress  itself  shall 
take  it  into  consideration. 

Art.  25.  If  it  be  for  imputed  eriminalitj,  the 
sovereign  Congress  shall  appoint  a  commission, 
which  shall  not  be  of  their  body,  before  which 
the  agente  de  la  camara  shall  accuse  the  persoa 
suspended ;  and  the  said  commission,  having 
heard  the  parties,  shall  declare  whether  or  not  he 
deseri^  to  be  removed  from  office. 

Art.  26.  He  shall  have  the  p>ower  of  removing 
officers  to  other  offices ;  and  if  in  consequence, 
they  should  be  greatly  prejudiced,  they  may- 
bring  the  affair  before  Congress. 

ArL  27.  He  shall  nominate  the  three  Seeteta^ 
ries— of  State,  of  the  Treasury,  and  of  War, 
and  their  several  officers ;  being  responsible  for 
the  bad  selection  of  the  first. 

Art.  28.  He  shall  grant  passports  for  travel- 
ling from  the  provinces  of  the  State  by  sea  and 
land,  and  licenses  for  the  loading,  unloading,  and 
departure  of  vessels. 

Art.  29.  He  shall  be  particularlf  careful  to 
preserve  unimpaired  the  credit  of  the  Slate,  be* 
mg  attentive  to  the  collection  of  iu  feve&aes, 
and  to  the  faithful  payment  of  iu  debts,  to  the 
extent  iu  exigencies  wiU  admit. 

Art.  30.  He  may,  of  his  own  authority,  expend 
freely  the  said  revenues  in  defence  of  the  State, 
during  the  war  it  is  now  waging  for  independ- 
ence, with  previous  information  in  writing  from 
the  Secretaries  of  the  Treasury  and  of  War. 

Art.  31.  He  shall  confirm  or  revoke,  in  con- 
formity to  the  opinion  of  his  oacfor,  (who  shall 
be  the  auditor  general  of  war,)  sentences  passed 
on  individuals  by  the  military  tribunes  estab- 
lished in  the  armies,  or  in  the  capital,  or  by  the 
ordinary  councils  of  war  in  the  other  towns  of 
the  districts. 

Art.  32.  He  shall  have  the  power  of  suspend* 
ing  the  execution  of  the  capital  sentences,  of 
pardoning  or  commuting  punishments  on  the  an* 
niversary  of  the  national  independence,  or  on 
the  occurrence  of  any  signal  event,  which  shall 
aument  the  glory  of  the  State,  hearing  first  the 
information  communicated  by  the  tribanal  be- 
fore which  the  convict  has  beem  tried. 


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Art  34.  He  tMl  erery  year  trantmit  to  the 
national  representation  an  exact  statement  of  all 
the  receipts  into  the  different  treasuries  of  the 
State,  and  of  the  mnnicipalities  of  the  several 
provinees,  in  money  or  in  credits,  tOjg^ether  with 
the  ezpenditares,  dehto,  and  credits,  giria^  timely 
orders  to  those  who  ought  to  prepire  said  state- 
ment. 

Art.  35.  The  orders  of  the  Supreme  Director 
shall  be  obeyed  exactly  in  the  whole  extent  of 
the  United  Prorinces. 

Art.  36.  He  shall  grant  letters  of  naturaliza- 
tion for  the  present,  and  until  a  constitution  be 
adopted. 

Cbaptsr  II.— Limits  of  the  Executive  Power. 

Art.  1.  The  Supreme  Director  shall  not  send 
expeditions  by  water,  or  by  land,  against  any  of 
the  proTinces  in  Congress  united,  or  others  of 
this  continent  who  are  ei^aged  in  sustaining 
their  independence,  without  the  consent  of  Con- 
gress pveriously  obtained. 

Art*  fk  He  may,  nevertheless,  do  so  in  those 
esses  in  which  it  is  absolutely  necessary  to  act 
promptly,  giving  afterwards  a  particular  account 
of  such  proceedinffs  to  the  Conmss. 

Art.  3.  He  shfli,  in  no  case,  hold  command  of 
a  particular  regiment. 

Art.  4.  He  mil  not  exercise  anyjurisdiction, 
civil  or  criminal,  in  virtue  of  his  office,  nor  upon 
petition  of  the  parties ;  he  shall  not  alter  the 
svstem  prescribed  by  the  law  for  the  administra* 
tion  of  justice. 

Art.  o.  He  shall  in  no  way,  interfere  with  the 
causes  cognizable  by  the  tribunals  of  justice, 
either  when  pendinj^,  or  when  sentence  has  been 
pronounced,  or  earned  into  execution. 

Art.  A.  When  the  urgency  of  the  case  com- 
pels him  to  arrest  any  citizen,  he  shall,  within 
the  third  day  after,  place  him  at  the  disposal  of 
the  proper  effioers  or  justice  to  await  their  judg- 
ment ;  giving,  at  the  same  time,  a  full  statement 
(tf  the  motives  of  the  arrest,  and  all  other  cir- 
eumstaaeas  conneeted  with  it. 

Art.  7.  With  the  exception  of  those  oases  in 
whloh  a  complianee  with  what  is  required  in 
tiie  precedhig  article  would  endanger  the  public 
aeeurifty.  in  which  case  he  shall  hold  the  arrested 
in  ctistody,  with  the  consent  of  his  assessor,  and 
thn  fiscal  of  the  chamber  of  appeals,  who  shall 
ehait  with  him  the  responsibility  for  the  time 
nacossary  to  take  the  requbite  measure  for  ttfe* 
ty,  placing  him  then  at  the  judge's  disposal. 

Art.  8.  He  shall  neither  impose  new  taxes, 
eootributioas,  nor  loaai^  nor  au^OMUt  those  sub- 
sisting, directlv  or  indirectly,  without  a  previous 
resakHion  of  the  Congress. 

Art.  d.  He  shall  issue  no  order,  nor  make  any 
communication,  without  the  previous  subscrip- 
tion of  the  secretary  of  the  department  to  which 
the  business  belongs;  in  defect  of  which  sub- 
scription, the  order  of  communication  shall  be 

Art.  10.  He  shall  not  grant  to  any  person  in 
the  State  monopolies,  or  exclusive  privileges, 
except  to  ihe  inventors  of  art%  or  to  establish- 


ments of  public  utility,  with  the  approbation  of 
Congress. 

Art.  11.  The  epistolary  correspondence  of  the 
citizen  is  a  tbinff  sacred,  which  the  Director 
shall  neither  violate  nor  intercept  without  in- 
curring responsibility. 

In  cases,  nevertheless,  of  well-founded  fear  of 
treason,  or  subversion  of  the  public  order,  at  the 
discretion  of  the  Director,  the  Secretary  of  State 
and  Sindico  Procurador  de  Commun.  who,  in 
this  case,  shall  each  have  a  vote,  beiog  Dound  to 
secrecy  and  under  equal  responsibility,  the  for- 
mer shall  have  the  power  of  proceeding,  with  his 
said  associates,  to  open  and  examine  correspond- 
ence. Tbe  same  power,  under  the  same  respon- 
sibility and  like  obligation  to  secrecy,  in  the  gov- 
ernors and  lieutenant  governors  of  the  several 
provinces,  with  their  secretaries  and  sindico  pro* 
curadores ;  in  defect  of  whom  the  two  first  ca- 
pitularies shall  act* 

Art.  13.  Those  who  upon  a  scrutiny,  as  afore- 
said, of  correspondence  shall  appear  to  be  guilty 
of  tne  crime  of  treason,  or  subversion  of  public 
order,  shall  be  proceecied  against,  and  secured 
according  to  the  greater  or  less  imminence  of 
the  danger. 

Art.  14.  Except  in  the  cases  mentioned  in  ar- 
ticle 30  of  the  preceding  chapter,  the  Director 
shall  not  dispose  of  the  Ainds  of  the  State  for  ex- 
traordinary expenses,  without  the  previous  con- 
sent of  the  three  secretaries,  the  assessor  general, 
and  the  fiscal  of  the  camera,  and  without  ita 
being  made  appear  before  the  escribano  de  haci- 
enda that  the  expenditure  proposed  is  useful  and 
necessary. 

Art.  15.  He  shall  not  exercise  the  prerogative 
given  him  in  article  32  of  the  preceding  chapler, 
in  case  of  treason,  and  other  excepted  cases. 

Art.  16.  He  shall  not  bestow  any  office,  civil 
or  military,  upon  any  person  related  to  him  io 
the  third  degree  of  consanguinity,  or  in  the  first 
of  affinity,  without  the  knowledge  and  approba- 
tion of  uongress. 

Art.  17.  With  the  exception  of  those  who, 
being  already  in  service,  may  have  been  recom- 
mended for  promotion  by  their  respective  chiefs, 
respect  being  had  to  seniority  according  to  their 
merits. 

Art.  18.  He  shall  not  confer  the  grade  of  brig- 
adier, or  of  colonel-major,  without  the  knowl- 
edge and  approbation  of  Congress. 

Art.  19.  Excepting  the  case  in  which,  for 
some  brilliant  action  in  war  or  extraordinary 
military  service,  it  may  be  proper  to  reward  im- 
mediately a  chief  whose  grade  is  next  to  one  of 
those  abovementioned. 

CBAPma  III.— Of  the  Skcretariee  cf  State. 

Art.  1.  The  three  Secretaries  of  State  shall 
discharge  all  the  duties  assigned  them  in  the  last 
ordinance  regulating  their  offices,  which  shall  be 
in  force,  except  where  in  contrariety  to  these 
articles. 

Art.  2.  They  shall  not,  in  any  case,  bosinets, 
or  circumstances,  deliberata  without  the  previons 
order  and  notification  of  the  Director. 


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Art.  8.  Tfcey  rfiall  htve  the  paww«f  tommu- 
nieating,  of  themselves,  the  orders  issued  by  Gbv- 
«rament  in  the  affairs  of  meo,  or  importance, 
being  boand  to  make  an  entry  thereof  tn  the 
book  of  entries,  as  is  prorided. 

Art.  4.  They  shall  not  attest  deerees  or  regu- 
lations, contrary  to  the  provisional  regulation, 
Bot  even  at  the  request  or  command  of  the  Di- 
rector ;  if  compelled  so  to  do,  they  shall  make 
proper  protests,  and  give  immediate  information 
of  the  afiiir  to  Congress. 

Art.  6.  They  shall  be  removable  at  the  will  of 
the  Disector,  equally  with  their  snbordinate 
eflfteers. 

Art.  G.  When  the  removal  is  in  eonseoaenee 
of  inability,  want  of  eonpeient  infomiiBion,  or 
any  other  defect  oempatiUe  with  integrity,  they 
shall  be  indemnified  with  other  employments 
Mitable  to  their  cireamstances  and  merit.  They 
shall  incur  no  stigma  by  such  removal. 

Art.  7.  When  any  one  of  these  eeeretanes  is 
renMved  for  malversation,  or  upon  petition  of  a 
'  partT  aggrieved,  Congress  shall  take  cognizance 
^         of  tnecase. 

Art.  8.  The  Supreme  Difuctor  may,  ejp  ^MOf 
or  upon  accusation,  proceed  summarily  against 
the  secretaries,  giving  an  account  of  the  proceed- 
ing to  Congress. 

Art.  9.  For  the  trial  of  the  secretaries.  Con- 
gress ehell  appoint  a  commission,  either^  their 
own  members,  or  of  others,  or  it  ahall  be  appoint- 
ed by  such  other  body  as  they  may  substitute. 

Art.  10.  Sentence  of  acquittal,  pronounced  by 
the  eommission,  sfaaU  not  necesNtrily  be  followed 
by  a  restoration  to  office. 

Art.  11.  The  secretaries  may,  for  good  cause, 
challenge  the  commissioners,  and  theV  may  ap- 
peal from  the  sentence  to  three  individuals,  to  be 
chosen  out  of  nine,  whom  the  Congress,  a  sec- 
ond time  nominating,  shall  appoint. 

Art.  13.  The  salary  of  these  seoretariee  shall 
be  three  thousand  doikn  annually  to  each  $  the 
official  title  *<sefior.'' 

SBCTION  IY.^«Op  TBI  JomciAL  Povsr. 
Chaptbr  1. 

Art.  1.  The  judicial  power  is  in  the  body  of 
the  nation,  until  by  them  elsewhere  placed;  it 
ahall  be  exercised  for  the  nresent,  and  until  a 
constitution  be  adopted,  by  tne  court  established 
in  article  14  of  the  following  chapter;  hy  the 
courto  of  appeal  {la$  camaraa  de  apdacwnea^) 
and  by  the  other  judges.  For  those  cases  which 
have  no  court  assigned  by  the  law,  Congress 
shall  provide. 

Art.  2.  The  judicial  power  shall  be  entlrdy 
intamteit  of  ike  exeantive  and  Its  principles; 
its  form  and  extent  shall  be  subject  to  the  laws 
by  which  it  is  established. 

CflAPTBB  2. — Of  the  Ckmrts  of  Ju$tioe. 
Art  1.  The  ooorts  of  appeal  (jUu  camartu  de 
apdacumes)  shall  have  the  same  territorial  juris- 
diction as  heretofore;  shall  be  composed  en  five 
individuals,  and  one  fiscal;  when  united  in  a 
body,  shall  have  the  title  of  ezceUenoy,  (ixc$- 


AfU4.  wneavacanct^nappflfiin«n«»o( 
no  nominationa  of  pBrsona  to  Jll  thtm  ahi 
made  by  the  Director;  in  eaek  vaeancr, 
persons  being  selected  by  the anme  tribttnMs 


leneia,)  individually,  that  of  miUd  simply ;  ibeir 
salary  shall  be  fifteen  hundrad  doUars  each,  fiae 
from  payment  of  ficat-fruita,  (media  amaia,) 
mod  all  <Mher  ohaiges. 

Art.  2.  The  presidency  of  the  eouifa  in  the 
interior,  and  at  certain  pablie  aat6mblafm,<akall 
be  held  in  turn  by  the  five  membera  every  fov 
months,  according  to  seniority;  the  prcttdcnt 
•hall  uke  ^e  votes,  aUend  to  the  daapatdh  of 
business,  preservation  o£  oeder,  eze retsing  all  the 
powers  of  the  ancient  rtfestet,  so  ftr  as  thcr 
conform  to  this  provisional  fegmation,  «nd  AaU 
faava  the  title  of  -sefier  in  offieml  matters. 

Art.  3.  No  one  hereafter  shall  be  named,  omq 
provisionally,  for  any  of  the  offices  of  the  courts 
of  appeal,  unless  he  be  more  than  five-and-twen- 
ty  years  of  age,  and  a  lawyer  who  Jiis  .pmafiwd 
at  least  aixyeavs. 

AfU4.  When  vacand^  happen int)h«»ooniCa, 

'"  '  ahall  be 
four 
persons  being  seiecteanyueaame  aaanBinfeom 
among  the  biwyeas  of  the  diac«ici,4tftnr4Umi- 
nation  snd  ownnariaQn  of  talento  and  oernaaf , 
and  ptonottd  to  him. 

Art.  o.  The  numerical  oider  in  iwhiahi  the 
afoNmid  four  paxm  wn  wopoaad  ahaE  fpm  no 
preference ;  two  of  these  shall  be  homtkm  pkoe 
where  the  oonrt  eiia,  the  remnlniiig  two  from 
other  parts  of  the  distt ioL 

Art.  6.  Theee  offiaos  ahall  be  holden  dnri^ 
good  behaviour,  but  there  may  be  renaoval  from 
one  court  to  another ;  and  these  officers  ahail  be 
subject  to  scrutiny  in  their  oondnct  every  five 
years,  or  oitener,  if  justice  should^eqiHre  it. 

Art.  7.  The  court  shall  have  two  rtttOcrm,  to 
be  chosen  after  competition  had ;  .the  aalarr  of 
each  shall  be  fifteen  hundred  doUan,  and  ihey 
shall  have  no  other  emolument. 

Two  assistants,  one  of  the  law  civil,  the  other 
of  the  law  criminal,  dividing  between  them  the 
bnsinesB  relating  to  the  publio  revenues  at  the 
discretion  of  the  fiscaL  The  salary  of  eadi  ahall 
be  twelve  hundred  doUan,  withoot^he  «neieat 
perquisite  of  vukm  (presents.) 

Two  bailtfis,  (jwrteroe,)  wiio  slnli  eacdi  h«re 
a  salary  of  five  hundred  doUat^  aod  wiw  ahall 
execute  alternately  for  a  w4eK  the  cffiee  of 
alguacil. 

Six  attorneys,  (f»roetiroiioref,)  whoee  inter- 
vention ehall  extend,  when  partiea  choesiL  to  the 
subaltern  judges  of  original  jurMiction.  but-net 
to  the  eoosulado ;  and  the  juxgadoade  algadu  y 
disnotaciones  de  eomcrcio. 

And  two  notaitee,  (oicrfkmot.)  wlio  shell  oatf 
leeeive  fees  for  services  actually  rendend.«e- 
cording  to  the  regulation,  (orsnce^)  wiimt 
those  ealled  tiroa,*  which  are  hentei^rth  for^ 
bidden. 

Art.  8.  They  shall  take  cognizance,  not  only 
of  all  causes  and  businees  of  which  accordinff  to 
prior  laws,  the  now  abolished  audiences  Bad 
cognizance,  but  also  of  such  as  the  provisienAl 
regulation  designates. 

*  Fees  paid  when  appeals  weie  lafcsa* 


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Art.  9.  Appeals  from  the  decrees  of  the  tribu- 
nal de  cUgaaoi  de  comerciOj  hecanse  of  their 
nullitj  or  notorious  ioiustice,  shall  he  decided  in 
the  aforesaid  coarts  or  appeal  (eamaroi.) 

Art.  10.  The  trial  of  appeals  {(dgadat)  shall 
be  taken  in  turn  by  the  members  of  the  court  of 
the  district  in  which  the  appeal  occnrs. 

Art.  11.  daestions  that  may  occnr  between 
the  ordinarj  and  mercantile  junsdictions  shall  be 
decided  by  the  aforesaid  president,  {camaruta 
preiideniej)  conforminff  to  the  character  bf  which 
the  consnlado  is  establlsbed. 

Art.  12.  They  shall  take  cognizance,  for  the 
present,  of  first  appeals  in  eases  of  smaggltn^, 
and  other  branches  of  the  reyenne,  learing  their 
trial,  in  the  first  instance,  to  the  intendentes  de 
prorrincia ;  hot  in  cases  of  captore,  or  detention 
of  Teasels  by  nablic  or  prirate  armed  ships,  the 
cognizance  shall  continue  in  the  trfbiraals  in 
which  it  is  already  rested. 

Art.  13.  When  a  second  appeal  is  taken,  be- 
cause of  nullity,  or  notorious  injustice,  the  courts, 
after  hearfnff  had,  shall  transmit  an  account  ot 
the  proceedings,  with  the  dk)etrmeiits,  to  the 
Plrector. 

Art.  14.  Who,  with  the  adrice  of  his  assessor 
mieml,  {a$e9or  genercU,)  shall  noodnate  tmme- 
oiately  a  commission  or  fire  lawyers,  who  shall 
deeMe  the  cause,  and,  baring  done  so,  shall  be 
diaaolTed.  While  exercising  this  oflice,  they  shall 
hare  the  title  of  excdUna/. 

Art.  15.  There  shall  be  named  by  the  Director 
of  the  State,  in  the  capital  of  erery  pror ince, 
upon  the  recommendation  under  oath  orits  court, 
a  lawyer,  who  shall  exercise  the  function  of  judge 
of  appeals  throughout  the  said  prorinces. 

Art.  16.  His  salary  shall  be  eighteen  hundred 
dollars,  free  from  first-fruits  and  other  charges. 

CaAPTBB  a-^Qf  </^  AdminiBiralwn  rf  JuiHce. 

Art.  1.  Justice  shall  be  administered  according 
to  the  principles  and  method  which  hare  been 
heretofore  obserTed,  so  far  as  is  compatible  with 
the  subsequent  prorisions. 

Axu  2.  The  judges  of  appeals  in  the  eereml 
prorinces  shall  take  coawtmee  of  all  appeals  in 
ctril  cases  from  the  ordinary  alcaldes  and  other 
ministers  of  Justice. 

Art.  3.  Apneals  to  the  camaras,  to  the  full 
extent  giren  by  law,  shall  be  allowed  to  those 
ittfereoCed  in  all  eases,  except  those  In  Whtoh  the 
■aaaoimt  of  pronerty  inrolred  is  one  thousand  dd-^ 
lars,  or  less,  when  two  similar  sentences  shall  be 
eonclusive. 

Art.  4.  They  shall  hare  cognizance  of  erimi- 
nal  causes  of  every  kind,  referring  to  the  courts 
of  appeal  (ioe  eamaroi)  those  which,  according- 
ae  law,  ousrht  to  be  referred  to  them. 

Art.  5.  Parties  in  the  satd  causes  shall  hare  the 
prirelege  of  resortiaff  directly  to  the  couru  of 
appeal,  (lot  cafnara$j  passmg  by  the  prortncial 
jadffe. 

Art.  6.  The  ordinance  of  the  20di  April,  1812, 
ahall  be  abolished. 

Art.  7.  In  criminal  cases  the  accused  shall  hare 
the  pririlege  of  choosing  a  person  to  assist  <  him, 


(padrkiOj)  who  shall  be  present  at  his  eantestoa, 
and  at  the  examination  of  the  witneeaea,  withoat 


prejudice  to  the  lawyer  established  by  daw,  and 
the  practice  of  the  courts. 
.  Art.S.  The  assistant  mentioned  in  artieleseren 
shall  take  care  that  the  confession  and  deposi- 
tions of  the  witnesses  shall  be  heard  by  the  no- 
tary or  iud|:e,  clearly  and  distinctly,  in  the  terms 
in  which  they  may  be  expressed,  without  modi- 
fication or  alteration ;  assisting  the  accused,  when- 
erer.  from  fear,  want  of  intellect,  or  other  oauae, 
he  is'  unable,  unassisted,  to  make  himself  under- 
stood. 

Art.  9.  Criminal  causes  of  all  classes,  w^hleh 
mar  be  pending  without  this  new  mode  of  defence, 
shall  be  proaecuted  according  to  the  usaal^oaiae 
of  law. 

Art.  10.  The  taking  of  oaths  shall  be  restored 
without  innoration  in  all  cases,  except  that-of  the 
accused's  confession  of  his  own  crfminality. 

Art.  11.  Sentences  to  hard  labor,  to  whipping, 
or  a  banishment,  shall  not  be  executed  wltnoat 
prerious  consultation  wKh  the  counts  of  wppetA, 
(Uu  camaratj)  under  the  penalty  of  two  thousand 
dollars,  and  perpetual  disqualmcation  to  be  in- 
flicted upon  the  judge  ricmting  this  important 
article. 

Art.  12.  Bxcept  in  those  extreme  cases  in  whtdi 
the  public  safety  is  so  greatly  endangered  by  pop- 
ular commotion,  or  other  cause,  as  not  to  aumit 
of  executions  being  deferred ;  hiformation  being 
always  giren  to  the  camaras. 

Art.  13.  All  sentences  m  criminal  causes,  to  be 
ralid,  must  be  pronounced  according  to  the  ex- 
press letter  of  the  law.  The  infraction  of  this 
article  shall  be  a  crime  in  the  magistrate,  punish- 
able by  the  payment  of  costs^  and  alMosses  incur- 
red in  consequence. 

Art.  14.  By  the  last  article,  it  is  not  intended 
to  repeal  the  laws  aathorinag  the  infliction  of 
punishment,  at  the  discretion  of  the  judaa,  aeeord- 
mg  to  the  nature  and  cirenmstances  of  the  offenoc; 
neither  is  it  intended  to  re-esiahUsh  any  others 
which,  from  tbtir  cruelty,  hafe  been  aholiahed, 
or  softened  by  the  practice  of  the  superior  Iri- 
banals. 

Aru  15.  No  indiridual  shall  be  arDsaCed  wilh- 
out  seni-plenary  proof  of  guilt,  at  least,  whinh 
thai!  be  suted  in  the  prerious  prooass. 

Art.  16.  At  the  end  of  the  third  day  the  ac- 
eaaed  shall  be  infoiiaed  of  the  oausa  of  kis  arreat ; 
and  if  the  judge  axresting  be  not  authorized  to 
take  any  further  steps  in  the  case^  he  shall  refir 
it  to  the  officer  to  whom  lu  recagainanee  beloags. 

Art  17.  No  accused  person  shall  be  preranted 
ftom  takiag  tlM  sacrament  after  his  confesaiatt, 
nor  at  any  time  for  more  than  ten  days,  without 
just  cause,  which  shall  be  catered  of  record;  ia- 
formation  of  the  obstacle  to  his  communicating 
being  giren  to  the  accused  eYery  third  day  while 
it  continues. 

Arc  18.  Persons  beinff  for  safe-keeping,  and 
not  for  the  punishment  of  the  accused,  whaterar, 
ooder  the  pretext  of  securing,  serves  aniy  niaU- 
ciaaaly  ta  harass  shallbe  pualihed  by  the  nape- 


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nor  tribonali^  and  proper  indtnuuiy  being  given 
10  the  aggriered. 

Art.  19.  To  decree  arrest,  sdzore  of  goods,  and 
examination  of  papers,  against  any  inhabitant  of 
tiie  State,  his  name,  or  the  marks  which  distin- 
guish his  person,  and  the  object  of  the  proceed- 
ing, must  be  mentioned  in  the  decree. 

Art.  20.  When  goods  are  seized,  an  inventory 
shall  be  carefully  made  of  them  in  the  presence 
of  the  accused ;  a  duly-attested  copy  of  it  shall  be 

fiven  to  him,  and  they  shall  be  placed  for  safe- 
f  eping  in  tbe  custody  of  the  notary  employed  in 
the  ease;  or,  in  defect  of  him,  of  the  judge  de- 
orating  the  seizure,  and  two  witnesses. 

Art.  21.  When,  at  the  time  of  seizure,  it  is  im- 
pieactieable  to  make  the  aforesaid  inventory,  the 
goods  shall  be  secured  under  two  keys,  one  of 
which  shall  be  taken  by  the  judge,  the  other  by 
the  accused.  When  this  is  not  practicable,  the 
chests  shall  be  closed  and  sealed  in  his  presence ; 
apd  the  doors  of  the  house,  as  soon  as  ciroum- 
stancas  will  admit,  shall  be  opened  in  his  pres- 
tnee,  and  the  inventory  made. 

Art.  23.  Wbeo  the  seizure  must  be  made  in  the 
presence  of  the  accused,  the  judge  shall  name  a 
respectable  and  substantial  citizen,  who  shall  act 
for  him.  and  be  recompensed  in  proportion  to  his 
labor;  hot  if  the  absence  of  the  accused  arises 
from  sickness,  he  shall  appoint  such  person  as  he 
pleases  as  his  substitute. 

Art.  23.  The  judffe  or  deputy  arresting  any  citi- 
zen, (not  being  taken  in  the  act,)  without  con- 
forming to  article  fifteen  of  this  chapter,  shall  be 
removd.  He  who  fails  to  do  what  is  prescribed 
when  goods  are  seized  shall  be  responsible  to  the 
owner,  and  make  good  any  loss  accruing  in  con- 
sequence. 

Art.  24.  The  tribunal  de  concordia  being  abol- 
ished, the  judge  having  original  jurisdiction,  be- 
fore taking  cognizanoe  of  a  cause,  shall  use  all 
possible  means  of  reeoneiiing  the  parties. 

Arc.  2$.  Notaries  shall  serve  personal  notices 
on  the  parties,  who  are  to  subscribe  them.  In 
ease  of  resistance,  or  incapacity  to  sign,  the  ser- 
Tiee  shall  be  supplied  by  a  witness,  with  a  state- 
oent  of  the  defect. 

Art.  26.  If  the  notary  shall  not  find  the  party 
to  be  notified  at  his  house,  he  shall  seek  him  there 
iwieemora;  if  then  he  does  not  find  him  there, 
he  shall  leave  a  paper  signed  by  him,  which  shall 
contain  the  decree  or  other  matter  he  goes  to 
serve;  and  it  being  made  to  appear  in  the  pro- 
cess that  due  diligence  has  been  used  to  execute 
it,  the  same  efi*ects  shall  result  as  if  the  party  had 
been  personally  notified.- 

Art.  27.  Bvery  omission  of  the  nouriea,  in  a 
matter  so  interesting,  shall  be  punished  by  the 
judge  before  whom  the  cause  is  pending,  accord- 
ing to  the  enormity  and  other  circumsunces  of 
the  case. 

Cbaptsr  4,-^Ofthe  Gcfternon of  Pronnceg. 

Aru  1.  The  governors  and  lieutenant  govem- 
ocs  shall  not,  in  virtue  of  office^  have  any  juris- 
^tiott,  civil  or  criminal,  mtaiaing  however  all 
the  po  wen  relating  to  revenue,  polite,  aad  war. 


Art.  2.  The  code  of  the  in  tendencies  shall  be 
observed  by  them  and  all  others  to  whom  it  relat^ 
save  only  what  relates  to  the  junta  superior  de 
hacienda,  which  shall  be  abolished,  and  also  what 
mav  be  contrary  to  this  provisional  regulation. 

Art.  3.  Neither  the  governors  nor  lieutenant 
governors  shall  use  the  power  which  the  fifteenth 
article  of  the  said  code  gives  for  confirming  the 
decrees  of  the  Cabildos. 

Art.  4.  In  those  cases  however  of  well-founded 
fear  that  the  public  order  will  be  subverted  by 
executing  said  decrees  they  may  suspend  them, 
being  responsible  should  the  Director  not  previ- 
ously approve  the  proceedings. 

Art.  5.  All  that  is  prohibited  in  chapter  two, 
section  three,  tathe  Supreme  Director  of  the  Sute, 
shall  be  also  forbidden  to  the  governors  and  lieu- 
tenant governors,  so  far  as  it  is  applicable  to  their 
respective  offices. 

Art.  6.  The  office  of  deputy  assessor  of  the  in- 
teodenciesi  established  by  the  code  mentioned  in 
article  two.  shall  be  suppressed.  Those  who  hav« . 
obtained  tnis  office  shall  be  attended  to  by  thtf 
courts  (comoras)  in  their  recommendationa  for 
other  emplovments. 

Art.  7.  The  governors  while  in  office  ahali 
appoint  as  secretaries  such  persons  as  they  pltaat. 
who  must  however  be  lawyer^,  and  who  sbali 
assist  them  in  the  departments  of  Qovernment 
enumerated  in  article  one  of  this  chapter.  They 
shalL  when  they  have  thus  nominated,  inform 
the  Direotor,  that  he  nuy  grant  proper  commis- 
sions. 

Art.  8.  The  salary  of  such  secretary  shall  be 
for  the  present  twelve  hundred  dollars  a  year,  in- 
cluding the  six  hundred  provided  by  tne  code 
mentioned  in  article  two  for  the  expenses  of  the 
secretaryship,  free  from  first-fruits  and  other 
charges. 

Art.  9.  No  publio  officer  of  the  QovtruieiK 
mentioned  in  the  chapters  of  this  section  shall  re- 
ceive any  emoluments,  except  in  case  of  ^ervicoa 
rendered  in  defect  of  the  notary,  other  than  thoM 
assigned  by  law  to  his  office. 

SECTION  v.— Tbb  Monn  or  choosiho  Pub- 
lic Officers. 
Chapter  L-^Ofthe  manner  in  vhich  the  Chv- 

emor,  Lieuienani  Chvemor,  and  Subddegadoif 

shall  be  chosen, 

Aru  1.  Oovernors,  lieutenant  govemors,  ami 
subdelegados,  shall  be  appointed  by  the  Direettir 
of  the  sta^,  from  the  lists  of  poisons  tligiUt, 
either  within  or  without  the  particular  provtnt^ 
whiob  the  several  Cabildos,  the  firat  «iont|i  after 
election,  shall  form  and  transmit  to  him* 

Art.  2.  These  lisu,  which  shall  be  printed^ahall 
not  contain  more  than  eight  nor  less  than  SdiOf 
persona  for  each  province. 

Aru  3.  Of  those  comprehended  in  one  list»  it 
more  than  twoshall  be  cbosen, unless  a  third  ahooU 
be  included  in  the  lists  of  another  province. 

Aru  4.  The  appoiotmenta  of  subdelegates  of 
districts  having  a  numerous  po^latioo,  witiuNtt 
Cabildoi^  shall  be  made  provuionally,  oatii  mu* 
ntcipalitiea  are  established  in  tbem. 


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Condition  of  South  America. 


Art.  5.  The  aforesaid  officers  shall  hold  their 
offices  for  the  termof  ihree  years;  at  the  expira- 
tion of  which  they  shall  be  sabject  to  scratioy 
into  their  eondact,  (residencias,) 

Art.  6.  The  salary  of  gorernors  of  prorinces. 
in  territory  actaally  free,  shall  be  three  thousand 
dollars,  apd  that  of  lieutenant  governors  two 
thousand. 

Art.  7.  If  any  individual,  by  artifice,  intrigue, 
bribery,  or  other  unlawful  means,  procures  the 
insertion  of  his  name  on  the  aforesaid  list,  it  shall 
be  erased  therefrom  by  the  Director  of  the  State, 
and  he  shall  be  declared  incapable  of  holding  any 
office,  there  being  sufficient  evidence  of  his  ffuilt. 

Art.  8.  If  the  capitulares  are  in  any  way  delin* 
qiient  in  forming  the  said  lists,  they  shall  incur 
the  punishment  m  the  last  article  mentioned. 

Cbaptbb  2.-^Election  <f  CabitdoB. 

Art.  1.  Blection  to  deliberative  offices  (emfpleoa 
tfimifUt^  shall  be  bv  the  people  in  the  cities  and 
towns  where  Cabildos  are  established,  but  the 
BOtifieatJons  to  electors  shall  not  extend  to  those 
who  retfde  beyond  their  precincts. 

Art.  2.  The  citizens,  nevertheless,  of  the  vicinitv 
«i4  county,  in  the  exercise  of  the  rights  of  suf- 
firtfe.  may  vote  if  they  so  think  proper,  at  said 
•leetiOB* 

Art.  3.  The  city  or  town  shall  be  divided  into 
Ibar  sections,  in  each  one  of  which  the  citizens 
comprehended  in  it  shall  vote  for  as  many  elect- 
ors as  correspond  to  the  number  of  inhabitants  in 
said  district,  in  the  proportion  of  one  elector  to 
every  five  thousand  sools. 

Art.  4.  In  the  cities  and  towns  whose  popula- 
tion may  not  be  sufficient  for  the  appointment  of 
five  electors,  %.y%  shall  however  necessarily  be 
ebosen.  each  votable  voting  in  his  own  section 
for  sack  persons  as  he  deems  proper. 

Art.  5.  At  this  election  shall  preside  a  capitu- 
lar, associated  with  two  alcaldes  de  vaino  and  a 
notary,  or,  in  defect  of  him,  two  inhabitants  of  the 
vieinitv,  in  the  quality  of  witnesses ;  and  it  shall 
be  holden  on  the  15th  day  of  November. 

Art*  6.  The  votary  being  concluded  in  the  sev- 
eral sections,  all  the  votes  shall  be  collected  in 
the  sala  capitular;  and,  being  publicljr  counted 
by  those  who  have  presided  as  aforesaid,  associ- 
ated with  the  alcalde  de  primer  voto,  those  shall 
bo  eleeted  who  have  a  majority  in  their  favor. 

Art.  7.  The  electors  shall  meet  on  the  15th  of 
December,  in  the  same  sala  capitular,  to  make 
the  election  for  the  ensuing  year ;  and  it  being 
made,  they  shall  notify  the  elected,  in  order  that 
cbey  may  be  ready  to  enter  upon  their  offices  as 
aoon  as  the  term  of  service  or  the  Cabildo  they 
are  to  succeed  expires;  information  being  given 
to  the  Qovemor  and  to  the  Director  of  the  State. 

Art.  8.  The  Cabildos,  the  second  dav  after 
•nteriag  into  office,  shall  elect  the  atcalde^  de 
ikirrtb,  hermandadj  and  pedaneroe^  who  may  be 
accessary  to  maintain  order  and  administer  jus- 
tiee,  according  to  the  powers  vested  in  them,  in 
aJI  the  curacies  and  departments  of  the  country 
ooiBprehended  in  their  respective  territories. 

Art.  9.  They  thall  form  a  book  for  the  said  elee- 
I5th  Con.  Ist  Sxsa*— 66 


tions,  which  shall  be  made  to  fall  upon  persons 
of  the  best  repute  for  talents  and  integrity,  resy 
dents  in  the  vicinity,  and  who  know  how  to  read 
and  write ;  and  they  shall  transmit  a  list  of  the 
persons  elected  to  the  governor  or  lieutenant  gov- 
ernor of  the  province,  for  his  information. 

Art.  10.  They  shall  appoint  an  assessor,  (2e<ra- 
<fo,)  who  must  be  of  the  corporation,  and  one  of 
the  alcaldes  ordinarias. 

Art.  11.  The  Cabildo  shall  establish  the  salary 
of  the  assessor,  it  being  charged  upon  the  funds 
of  the  municipality,  if  it  has  not  been  previously 
established ;  when  such  funds  are  inadequate,  in- 
formation shall  be  given  to  the  Supreme  Director, 
in  order  that  he  may  make  proper  provision. 

Art.  12.  The  governors,  and  lieutenant  govern- 
ors, and  Cabildos  already  established,  under  the 
highest  responsibility,  shall  be  required  to  inform 
the  Congress  of  the  places  in  which,  from  their 
possessing  the  requisite  population^  it  may  be 
proper  to  erect  new  corporations,  with  the  titles 
of  cities  or  towns. 

Cbaptbr  3.— iUbdc  ^  appointing  Minitteridt 
Cfficen. 

Art.  1.  Those  public  officers  who  are  required 
to  be  lawyers,  with  the  exception  of  the  asesores 
de  Cabildo,  and  secretaries,  asesores  de  intenden- 
cias,  shall  be  nominated  by  the  Director,  upon 
the  recommendation,  under  oath,  of  the  courts  of 
appeal  for  the  respective  districts.  The  order  in 
which  persons  may  be  named  in  the  aforesaid 
recommendation  shall  give  no  preference. 

Art.  2.  Recommendations  for  appointments  to 
military  offices  of  every  grade  and  description 
shall  be  strictly  made  according  to  the  order  and 
scale  which  the  ordinanza  general  del  exercito 
prescribes. 

Art.  3.  Appointments  to  offices  relating  to  rev- 
enue, police,  dockyards,  manufactories,  the  office 
of  captain  of  the  port,  and  the  like,  shall  be  made 
by  the  Director,  upon  the  recommendation  of  their 
respective  chiefs,  according  to  seniority,  when 
there  is  an  equality  as  to  ability  and  services. 

Art.  4.  The  list  of  persons  recommended  shall 
be  published  by  the  chief  recommending  In  the 
office  or  department  where  the  vacancy  happens, 
at  least  eight  days  before  he  transmits  it  to  the 
Director,  that  opportunity  may  be  afibrded  to 
those  aggrieved  by  it  to  obtain  suitable  redress. 

Art.  5.  When  his  interposition  is  proper,  the 
Director  shall  interpose,  and,  proceeding  summa- 
rily, declare  the  recommendation  just,  if  he  so 
finds  it,  and  go  on  to  nominate,  or  return  it  to  the 
chief  making  it,  to  be  amended. 

Art.  6.  In  commissions,  the  qualifications  and 
condition  of  the  person  commissioned  shall  al- 
ways be  expressed ;  without  which,  he  shall  not 
be  enrolled  in  the  tribunal  of  accounts  and  the 
offices  which  belong  to  it,  nor  receive  the  salary^ 
to  which  he  would  be  otherwise  entitled. 

Art.  7.  Appointments  to  the  offices  of  chiefs  of 
every  description  shall  be  made  by  the  Director, 
respect  being[  had  to  the  right  of  choice  in  those 
in  the  vicinity  where  the  vacancy  happens,  (if 
taeh  right  exist,)  and  timely  information  being 


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CondUwn  of  South  Americtu 


ffireD,  as  far  as  the  public  interest  will  admit ;  the 
Director  shall  be  respoDsible  for  the  bad  selection 
of  the  said  chiefs. 

Art.  8.  All  other  offices  in  the  State,  the  ap- 
pointment to  which  is  not  by  law  otherwise  vest- 
ed, shall  be  open  to  the  Director,  to  be  filled  bp 
him  with  sucn  citizens  as  he  may  deem  most 
suitable. 

Art.  9.  All  ministerial  offices  shall  be  holden 
during  good  behaviour. 

Cbaptbr  i.— Of  the  mode  of  electing  the  Depu- 
ties from  the  Provinces  to  the  Oeneral  Con- 
gress. 

Art.  1.  Prior  to  the  meetings  of  the  primary 
assemblies,  {asamhleas  primarias^)  to  be  holden 
for  the  election  of  the  deputies  of  the  provinces, 
there  shall  be  taken  an  accurate  census  of  all  the 
inhabitants  of  each  district,  unless  it  has  been 
already  done,  at  least  eight  years  from  the  pres- 
ent time,  with  a  statement  of  that  portion  of  the 
population  inhabiting  cities,  towns,  and  vilUj^es. 
Art.  2.  The  primary  assemblies  in  the  cities 
and  towns  which  have  munkipalities  shall  be 
held  in  four  sections  jn  each  of  which  shall  pre- 
side one  member  of  the  municipality,  and  two 
juezes  de  barrio,  of  the  greatest  probity,  assisted 
by  a  notary,  if  there  be  a  competent  number  of 
these  officers;  if  otherwise,  in  the  presence  of 
two  witnesses. 

Art.  3.  In  every  section,  the  votables  shall  vote 
for  so  great  a  number  of  electors  as  shall  corre- 
spond to  the  total  of  population,  in  such  manner 
as  that  there  shall  be  one  elector  for  every  five 
thousand  souls ;  but  if  the  city  or  town  does  not 
admit  of  division  into  four  sections,  all  the  citi- 
zens shall  vote  in  one  place. 

Art.  4.  In  the  countrjr  the  same  proportion 
shall  be  observed  at  elections,  but  the  metnod  as 
to  the  sections  shall  be  different. 

Art.  5.  In  every  primary  assembly  there  shall 
be  sections,  and  each  citizen  shall  vote  therein 
for  an  elector. 

Art.  6.  The  principal  judffe  of  the  curacy,  and 
the  curate,  with  three  neiffhoors  of  probity  to  be 
appointed  oy  the  municipality  of  the  district,  shall 
meet  at  the  house  of  the  first,  and  shall  receive 
the  votes  as  they  are  ffiven  in,  depositing  them 
immediately  in  a  small  chest  under  three  keys, 
which  shall  be  distributed  between  the  judge,  the 
curate,  and  one  of  the  aforesaid  neighbors. 

Art.  7.  The  vote  may  be  given  either  verbally 
or  in  writing,  open  or  closed,  as  may  be  most 
agreeable  to  the  voter ;  in  it  he  shall  name  such 
person  for  the  office  of  elector  as  he  shall  think 
proper. 

Art.  8.  The  voter,  after  he  has  given  in  his 
vote,  and,  if  verbally,  after  its  insertion  in  a  sche- 
dule, shall  retire ;  the  judge  shall  attend  parti- 
cularly to  this,  to  prevent  confusion  and  alter- 
cation. 

Art.  9.  If  any  one  be  charged  at  such  election, 
or  afterwards,  with  either  offering  or  taking  a 
bribe,  he  shall  immediately  make  verbal  defence 
before  the  five  judges  of  the  section ;  the  accuser 
and  accused  being  confronted,  and  the  charge 


being  substantiated,  he  shall  forever  afiet  be  in- 
capable of  voting,  and  be  ineligible  to  an^  office ; 
false  accusers  shall  suffer  the  same  punishmeat 
as  those  they  accused  would  have  done  had  the 
charge  been  substantiated. 

Art.  10.  The  voting  shall  positively  be  con- 
cluded at  the  end  of  two  days.  The  votes  of 
each  section  shall  remain  shut  up ;  and  the  fol- 
lowing day  the  alcalde,  with  two  of  the  three  as- 
sociated neighbors  aforesaid,  shall  take  the  chest 
containing  them  to  the  seccion  de  nomero,  the 
curate  then  delivering  that  key  which  was  in- 
trusted to  him. 

Art.  11.  The  district  of  united  curacies,  which 
shall  include  in  its  territory  five  thousand  aouls, 
shall  be  the  seccion  de  numero. 

Art.  12.  If  there  should  be  no  town  in  the  dia- 
trict  of  the  seccion  de  numero,  the  municipality 
of  some  neiyhboriBff  territory  shall  deatgnate  the 
curacy,  which  shall  be  the  head  of  the  section, 
preferring  always  the  most  populooaand  deoiliRf 
questions  which  may<  arise  in  it. 

ArL  13.  To  the  head  of  the  seccion  de  nunero 
shall  be  brought  the  chests  of  the  seccwmes  4i 
proporcum^  and  they  shall  be  received  by  Che 
mdge,  the  curate,  and  the  three  associated  neifh^ 
bors  aforesaid,  who,  opening  them,  shall  CQ»ml 
the  votes,  declaring  and  certifying  the  majoiUy. 
All  this  shall  be  donepnbliclv. 

Art.  14.  Those  chosen  electors  shall  be  in- 
formed of  their  election,  and  shall  immediately 
repair  to  the  place  where  the  electoral  assembly 
is  to  be  held. 

Chapter  5. — Of  the  Electoral  Assemblies, 

Art.  1.  The  electoral  assembly  shall  meet  ia 
the  town-house  of  the  city  or  town  which  has  a 
municipality,  where  they  shall  assemble  on  the 
day  appointed,  according  to  distance  and  other 
circumstances,  without  delay. 

Art.  2.  The  governor,  lieutenant  ffovernor,  oc 
subdelegado,  who  may  be  at  the  head  of  the  mu- 
nicipality, shall  preside  at  the  first  act  o(  the 
electors,  which  shall  be  to  nominate  a  prcaideat 
from  among  themselves  to  preserve  ofder.  He 
having  the  majority  of  votes  shall  be  president ; 
and,  upon  his  election,  the  president  pro  tewk.  shali 
give  place  to  him,  and  retire  immediately. 

Art.  3.  The  proceedings  of  the  electoral  ae- 
sembly  shall  be  put  in  writing  by  the  notary  (et* 
aibano)  ot  the  municipality;  and  this  assembly 
shall  only  have  the  power  or  doing,  previously  to 
the  business  for  which  they  are  chosen,  aoeh 
things  as  are  necessarv  to  establish  the  regularity 
and  validity  of  its  election,  without  oceupyiag 
for  such  purpose  more  time  than  is  necessary,  or 
four  and  twenty  hours. 

Art.  4.  It  shall  proceed  immediately  to  the 
election  of  deputies  for  the  Congress,  and  the 
election  shall  result,  for  the  preaent,  from  a  sim- 
ple plurality  of  votes. 

Art.  5.  If  the  case  should  be  such  that,  by  the 
scattering  of  votes,  and  adherence  to  them  alUr 
the  third  voting,  no  simple  majority  results,  then 
those  between  whom  there  is  an  equality  of  votea 
shall  draw  lots,  and  this  shall  decide. 


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OmdUimi  of  Sotah  Ai^ierica. 


Art.  6.  No  eleetor  shtU  rote  for  himself.  With- 
in  three  davs  the  election  shall  positiyeljr  be  con* 
cloded,  ftDQ  the  resalt  published.  The  president 
shall  immediately  inform  each  person  selected  of 
his  election,  transmitting  a  proper  certificate,  au- 
thenticated bf  the  notary,  of  the  fact. 

Art.  7.  As  the  ntraiber  of  deputies  to  form  the 
(General  Congress  must  depend  upon  the  census 
spoken  of  in  article  1,  chapter  i,  there  shall  be 
such  regulation  that  for  erery  fifteen  thousand 
souls  there  shall  be  one  representatire  named. 

Art  8.  Should  there  be  any  fractions,  the  fol- 
lowing rules  shall  be  obserred :  1.  If,  in  the  sec- 
cion  de  numero,  there  should  be  any  fraction  not 
exceeding  two  thousand  five  hundred  soub,  only 
one  elector  shall  be  Toted  for ;  but,  if  It  exceed 
that  number,  two.  2.  If,  in  the  district  of  fifteen 
thousand  souls  which  each  deputy  shall  represent, 
there  should  be  any  fraction  exceeding  seren 
thousand  fire  hundred  souls,  there  shall  be  named 
fvr  them  in  the  electoral  assembly  one  deputy; 
but,  if  the  fraction  should  be  less^  thev  shall  not 
hmre  such  additional  representatire,  out  be  con- 
sidered as  represented  by  the  deputies  of  the 
proTincev. 

Art.  ^.  Bach  prorince  may  lessen  the  number 
of  its  representatiTes,  conferring  the  necessary 
powers  and  giving  the  proper  instructions  to 
those  they  may  deem  sufficient,  if  the  want  of 
sufficient  fVinds,  distance,  or  other  just  cause,  pre- 
vent their  naming  the  number  adequate  to  their 
population,  with  the  express  condition  that  in  such 
powers  the  cause  of  the  diminution  be  stated. 

Art.  10.  No  one  while  in  the  office  of  repre- 
sentatire shall  hold  any  other  public  office,  em 
pioyment,  or  commission.  If  he  accept  any  other, 
ne  shall  lose  the  first ;  but  if  his  constituents,  after 
itis  so  losing  it,  re-elect  him,  he  may,  in  this  case, 
hold  the  two  offices,  exercising  the  last  by  deputy 

SfiCTION  VI.— Op  the  AnMY  ani)  Natt. 
Chapter  h-^  Of  the  Marine  and  Regular  TVoops. 

Art.  1.  In  all  that  relates  to  the  naval  forces, 
the  last  ordinance  of  marine  (jordtnainxa  de  ma- 
rima)  shall  be  obserred,  so  far  as  it  is  conformable 
to  the  actual  eircomsunces  of  the  State. 

Art.  3.  The  Director  shall  hare  the  whole 
military  authority,  and  be  commander-in-chief 
of  the  nary,  the  army,  and  the  militia ;  he  shall 
appoint  a  commandant  of  each,  the  esudo  mayor 
general  serring  at  present  in  lieu  of  them. 

Art.  3.  The  prorision  in  article  3,  of  the  limits 
of  the  execQtif  e  power,  shall  extend  equally  to 
the  chief  of  the  estado  oiayor  gcteeral  and  the 
generals  of  the  arm^. 

Art.  4.  New  regiments  shall  not  be  created 
while  those  already  created  are  not  filled  up. 

Art.  5.  The  supernumerary  officers  of  all  de- 
scriptions, who,  at  different  epochs  of  the  Cfov- 
ernment,  may  have  been  dismissed  from  actire 
serTice,  either  with  reason  or  without,  (which 
shall  be  ascertained.)  upon  declaration  of  their 
readiness  to  serre,  shall  be  classed  for  appoint- 
BM&ts  to  racancies  in  their  regimients,  Mahout 
prejudicing  those  actually  serring  in  them,  or  to 


other  vacancies  suitable  to  the  circumstances  of 
the  individual. 

Art.  6.  If  the  supernumeraries  in  the  preceding 
articles  mentioned  should  have  received  whole 
pay,  or  half,  or  one-third,  the  Directors  of  the 
State  shall  require  from  the  officers  of  the  treas- 
ury a  catalogue  of  them,  and  the  orders  that  may 
have  been  received  for  their  pavment,  correcting 
them  according  to  what  results  rrom  the  provision 
in  said  preceding  article. 

Art.  7.  Until  there  be  a  complete  regulation  on 
this  head,  there  shall  be  no  appointment  to  offices 
of  profit  except  those  of  escala  natural  in  the 
regiment,  upon  the  recommendation  of  their  re- 
spective chiefs,  aecordinff  to  the  ordinance,  and 
through  the  medium  of  tne  estado  mayor  general, 
to  whom  the  scale  of  classification,  mentioned  ia 
article  5,  shall  be  sent,  that  it  may  appear  who 
are  in  service,  and  who  are  not. 

Art.  8.  Until  the  establishment  of  the  uniform 
svstems  mentioned  in  article  17  of  this  chapter, 
the  tribunal  militar,  established  under  the  regu- 
lation under  which  it  was  governed^  shall  con- 
tinue in  lieu  of  the  ancient  commission,  it  being 
the  duty  of  the  defender  of  the  accused  to  be 
present  at  confession. 

Art.  9.  That  article  of  a  prior  regulation,  which 
imposes  upon  deserters  the.  punishment  or  death 
for  the  first  offence,  and  which  declares  that  the 
plea  of  pa^  being  withheld  shall  not  avail,  being 
abolished  in  future,  the  ordinanxo  militar  shall 
govern,  and  the  punishment  it  provides  for  cases 
of  desertion  be  alone  imposed. 

Throughout  the  Sute  shall  be  observed  the 
ordinance  of  30th  January^  1814,  as  to  supplying 
vacancies  caused  by  desertion.  [Abto. — Tiie  fol- 
lowing article  was  in  the  origmal  erroneously 
marked  the  10th.] 

Art.  11.  Governors,  lieutenant  ffovernors,  and 
subdelegados  shall  be  ever  watchtul  for  the  ap- 
prehension of  deserters ;  if  thev  fail  in  thb  par- 
ticular, it  shall  be  one  of  the  first  duties,  whea 
residencia*  takes  place,  to  inflict  upon  them  ex- 
emplary punishment. 

Art*  12.  If  neglect  in  this  particular  be  proved 
against  them  before  their  offices  expire,  it  shall 
be  the  indispensable  duty  of  the  Director  to  re- 
move them. 

Art.  13.  The  alcaldes  de  hermandad  and  pe- 
dancas  de  los  curatos,  for  like  neglect,  shall  iacor 
for  the  first  offence  a  fine  of  one  hundred  dollars, 
to  be  applied  to  defray  the  expenses  of  recruiting ; 
and,  upon  the  repetition  thereofl  be  removed. 

Art.  14.  The  soldier  who  shall  in£orm  against 
a  deserter^  shall,  upon  his  apprehensiooj  be  re- 
warded wi^h  ten  dollars,  and  the  abatement  of 
two  years  of  his  term  of  service. 

Art.  15.  The  subaltern  officers  shall  read  fre* 
quently  to  the  soldiers  of  their  respective  com- 

^iZetid^itcta.— According  to  the  Spanish  law,  offi- 
cers, at  the  expiration  of  term  of  service,  are  bound  to 
reside  for  a  certain  period  in  the  places  where  they 
exerdsed  their  offices,  to  give  an  Dpportunity  to  pro- 
ceed against  their  malverMfthms. 


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2088 


CondUion  of  South  America. 


panies  the  ordinances  of  the  penal  laws,  from  ar- 
ticle 26  to  article  43,  inclusiFe,  of  tit.  10,  trat.  8. 

Art.  16.  This  ordinance,  beinff  in  a  great  mea- 
sure altered,  shall  be,  without  delajs  reduced  to 
order  by  another,  which  shall  be  formed  by  a 
military  commission  of  three  individuals,  to  be 
named  by  the  Director,  associated  with  the  ase- 
sor  general  of  war,  and,  being  framed,  shall  be 
transmitted  to  Congress  for  its  sanction 

Art.  17.  The  Director  shall  also  name  another 
commission  of  five  individuals,  military  men  of 
the  most  extensive  information,  who  shall  form  a 
uniform  military  system,  embracing  the  regular 
forces  of  the  State  and  National  militia. 

Art.  18.  He  shall  also  appoint  another  commis- 
sion, composed  of  as  many  individuals  as  he 
thinks  proper,  to  form  a  uniform  system  for  the 
regulation  of  the  marine,  in  all  branches,  em- 
bracing arrangements  as  to  ports,  the  establish- 
ment of  nautical  and  mathematical  schools,  and 
transmittinff  it,  when  formed,  to  Congress. 

Art.  19.  He  shall  establish  in  the  capital  a  per- 
manent academy,  appointing  its  president  for  the 
instruction  of  cadets  of  the  regiment  of  infantry 
and  cavalry,  upon  a  plan  to  hi  furnished  by  the 
ettado  mayor  general,  and  approved  by  the  Di- 
rector. 

CHAPTiit  2.^^0f  the  fuUumal  mUUia, 

Art.  1.  Every  individual  of  the  State  being  in 
America,  every  foreigner  enjoying  the  riffht  of 
suffrage,  everjr  European  Spaniard  with  Tetters 
of  naturalization,  and  all  free  persons  of  African 
or  mixed  blood,  inhabitants  of  the  cities,  towns, 
Tillages,  and  country,  from  the  age  of  fifteen  to 
sixtv,  unless  incapacited  by  infirmity,  are  soldiers 
of  the  State,  bound  to  support  the  independence 
which  has  been  declared. 

Art.  2.  From  the  aggregate  of  all  these  inhab- 
itants shall  be  formed,  with  all  possible  speed,  in 
all  the  respective  provinces,  by  the  respective 
governors,  lieutenant  governors,  and  sob-dele- 
gados,  a  body  of  national  militia  of  infantrj  or 
cavalry,  according  to  the  quota  of  the  province, 
and  upon  that  footing  as  to  force  which  the  Di- 
rector shall  determine  by  regiments,  battalions, 
squadrons,  or  independent  companies,  subject  to 
the  regulation  of  the  14th  January,  1801,  made 
for  the  provincial  militia,  the  estado  mayor  {gene- 
ral giving  information  of  variations  and  additions 
when  deemed  necessary. 

Art.  8.  The  governor,  lieutenant  governor,  and 
8Ul>-delejB^do  of  each  province  shall  he  command- 
jer-ln-ehief  of  its  militia,  while  in  office,  and  shall 
'\nake  all  recommendations  for  promotion  to  the 
Director,  through  the  medium  of  the  estado  mayor 
ffeneral,  in  the  Department  of  Buenos  Ayres. 
The  ^veroor  shall,  in  like  manner,  command 
the  militia,  if  he  be  a  military  man,  if  not,  the  com- 
nandante  general  de  las  armes  shall  command. 

Art.  4.  In  the  national  militia  shall  be  inoludtd 
all  persons  who  have  obtained  commissions  in  it 
since  the  date  of  the  last  cited  regulations,  being 
Americans  or  European  Spaniards,  with  letters 
4)f  naturalization. 

Art.  5.  It  shall  be.  one  of  the  first  duties  of  the 


governors,  lieutenant  governors,  or  sub-delesadoa. 
to  preserve  the  national  militia  in  a  state  of  good 
discipline. 

Art.  6.  The  principal  object  of  this  militia  shall 
be  to  defend  the  State,  and  to  aid  and  relaforee 
the  army  of  the  line  when  it  shall  be  necessary. 

Art.  7.  When  it  may  be  necessary  to  detach  a 
portion  of  the  militia  to  reinforce  the  army  of  tha 
line,  the  aboyementioned  chiefs  shall  do  so  with 
persons  having  no  just  ground  to  claim  exemp- 
tions from  the  service,  supplying  immediately  the 
place  of  the  force  detacned.  in  order  to  prea^ve 
entire  the  national  force  of  the  province. 

Chapter  3.— QT  that  portion  of  (he  militia 
termed  Civicoe. 

Art  1.  Of  the  inhabitants  of  the  several  cities, 
towns,  and  villages,  shall  be  formed  the  corps  ot 
civicos,  by  regiments,  battalions,  or  independent 
companies. 

Art.  2.  This  militia  shall  be  solel  v  of  such  aa 
have  property  worth  one  thousand  dollars  at 
least,  of  the  owners  of  open  shops,  and  of  all  who 
exercise  a  trade  or  pursue  some  public  occupation. 

Art.  3.  In  the  department  of  Buenos  Ayrea,  the 
civicos  shall  be  subject  to  the  Cabildo  in  aubot- 
dination  to  the  Supreme  Director. 

Art.  4.  Of  the  residue  of  the  inhabitants,  tha 
Cabildos  shall  have  the  command  of  as  many  as 
they  can  organize,  withoot  prejudice  to  what  be- 
longs to  the  governors,  lieutenant  governors,  and 
sub-delegados,  in  virtue  of  their  offices. 

Art.  5.  The  appointment  of  officers  (to  captains 
inclusive)  shall  be  made  by  the  Director^  upon 
the  recommendations  of  the  chiefs  of  regiments, 
which  the  Cabildos  shall  transmit  through  the 
medium  of  the  estado  mayor  general.  The  Ca- 
bildos shall,  by  themselves,  recommend  for  offi- 
cers of  higher  grades. 

Art.  6.  Those  persons  only  of  the  regular  army 
incorporated  as  chiefs,  as  sergeants  or  corporals, 
for  the  purpose  of  instruction,  shall  be  out  of  the 
ordinar^  civil  jurisdiction,  in  order  better  to  pre^ 
vent  unjust  punishment. 

Art.  7.  The  principal  duties  of  the  civicos  shaU. 
be  to  mainuiin  good  order  in  the  towns,  to  aaaiat 
in  the  administration  of  justice,  and  defend  the 
country. 

Art.  8.  No  soldier  of  the  army,  of  the  line  or 
militia,  national  or  civic,  to  whom  arms  have 
been  intrusted,  shall  use  them  factiously  against 
any  inhabiunt  of  the  State. 

Art.  9.  The  persons  thus  misusing  them  shall 
be  tried  and  punished  within  the  third  day  by  the 
judge  to  whom  the  cognizance  of  the  ofienee  be- 
longs, for  the  satisfaction  of  public  justice,  deeply 
interested  in  personal  security. 

SECTION  VII.— Personal  beodritt  and  the 

LIBERTY   OP  THE   PRESS. 

Chapter  I. 

Art.  1.  For  those  actions  offending  neither 
ajg;ainst  public  order,  nor  interfering  with  private 
rights,  men  are  iiolely  accountable  to  Gbd. 

Art.  2.  No  inhabitant  of  the  State  shall  be 
obliged  to  do  that  which  the  law  does  notclearlf 


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APPENDIX. 


^090 


CondiHon  of  South  America, 


ttnd  explicitly  oomniaiid,  nor  restraioed  from  that 
which  it  does  not,  in  like  manner,  prohibit. 

Art.  3.  Crime  is  solely  the  infraction  of  laws 
in  full  force,  since,  withoat  this  requisite,  they 
are  not  obliffatory. 

Art.  4.  No  inhabitant  of  the  State  shall  be  pun- 
ished, withoat  lesal  sentence  and  rej^ular  process. 

Art.  5.  All  orders  that  shall  be  issued  by  ma- 
gistrates in  the  regular  exercise  of  authoritjr,  to 
promote  public  order,  or  to  regulate  the  busmess 
pertaining  to  their  office,  shall  be  in  writing. 

Art.  6.  Excepting  orders  relating  to  the  army 
in  matters  belonging  to  the  serf  ice,  as  to  which 
the  ordinance  of  the  provinces  of  the  union  shall 
be  olnerved. 

Art.  7.  Brery  citizen  shall  keep  in  his  house 
powder  and  arms,  for  the  defence  of  his  person 
and  property,  in  those  urgent  cases  in  which  he 
cannot  aTail  himself  of  the  protection  of  the  ma- 
gistrate. 

Art.  8.  The  Qovernment  shall  not  take  pos- 
jeesioB  of  such  arms  unless  the  public  defence 
•hoold  require  them,  paying  their  just  ralue. 

Arc.  9.  The  house  of  a  citizen  is  a  sanctuary, 
whioh  it  shall  be  a  crime  to  violate ;  it  shall  not 
be  forcibly  entered,  except  in  cases  of  resistance 
to  legal  process. 

Art.  10.  The  right  of  forcible  entry,  given  in 
article  9,  shall  be  exercised  with  moderation,  per- 
•oaally,  by  the  Judge  issuing  the  process;  and,  in 
ease  of  his  being  utterly  unable  to  act  in  person, 
the  order,  delegating  the  power,  shall  be  in  writ- 
iag,  with  all  necfssary  specifications,  a  copy  be- 
ing given  lo  the  individual  when  apprehended, 
and  to  the  owner  of  the  house,  should  he  so  re- 
qiaire. 

Art.  11*  No  citizen  shall  resist  the  arrest  of  his 
paraon,  or  the  seizure  of  his  goods,  when  decreed 
h/  a  competent  magistrate;  but  he  shall  have  the 
nght  of  claiming  the  foil  benefit  of  the  provisions 
ia  favor  of  personal  security,  eontained  in  chap. 
^  aectiott  4,  of  this  provisional  regulation. 

Art.  12.  Every  man  shall  have  the  libertv  of 
ftmaiaing  in  the  territory  of  the  State,  or  of  de- 
]iartiiia  therefrom,  as  he  thinks  proper,  so  looff  as 
iIm  ijK&lio  security  is  not  thereby  endangereo,  or 
its  interests  prejudiced. 

Art.  13.  The  preceding  provbions  in  favor  of 
petaoaal  liberty,  shall  never  be  suspended. 

ArL  14  Eurcept  in  those  extreme  cases  in 
whiah  the  pablic  security  may  require  such  sus- 

Cinsioni^  the  public  authorities,  driven  by  so 
mentable  a  necessity  to  this  measure,  shall  give 
an  account  of  it  to  Congress,  who  shall  examine 
iBto  its  cause  and  the  time  of  its  duration. 

Chapter  2.^Liberty  of  the  preee. 
Art.  1.  The  decree  concerning  the  liberty  of 
Che  preai,  which  was  issued  October  26, 1811.  and 
which  is  incorporated  in  this  chapter,  shall  be 
observed. 

Art.  2.  To  facilitate  the  use  of  this  liberty,  it 
ia  declared  that  any  individual,  be  he  native  or 
foreigner,  may  freely  erect  printing  presses  in 
anv  city  or  town  of  tha  State,  with  this  sole  con* 
dition,  that  he  ahali  give  previous  information  to 


the  provincial  governor,  lieutenant  governor,  and 
Cabildo,  and  that  everything  printed  shall  bear 
the  name  of  the  printer,  and  of  the  place  where 
the  press  is  erected. 

Art.  3.  The  intendentes  de  policia  shall  be  par- 
ticularly careful  that  in  periodical  works  and 
Kublic  papers  the  greatest  possible  decorum  shall 
e  preserved,  without  failure  of  the  respect  due 
to  magistrates,  to  the  public,  and  to  indiridoals. 
Art.  4.  In  cases  of  violations  of  article  3,  it  shall 
be  the  doty  of  the  said  intendentes  to  give  notice 
to  the  tribunal  of  the  liberty  of  the  press,  which, 
conformably  to  the  laws  establishing  and  regu* 
lating  it,  shall  scrupulously  examine  it. 

Decree  qf  the  liberty  of  the  preee  of  October  20. 
1811. 

Art.  1.  Every  man  may  publish  his  opinions 
freely,  and  without  previous  license,  (previa  cea- 
sura;)  all  laws  and  reffulatiohs  contrary  to  this 
liberty  shall  be  of  no  effect. 

Art.  2.  The  abuse  of  this  liberty  is  a  crime 
when  it  invades  private  rights;  its  prosecution 
belongs  to  the  persons  interested,  ana  to  all  the 
citizens  when  it  endangers  the  Roman  CathoUe 
religion,  the  pablic  tranquillity,  or  the  constita* 
tion  of  the  State.  The  magistrates  having  cog- 
nizance shall  impose  the  punishment  according 
to  law. 

Art.  3.  To  guard  against  abases  in  the  classift- 
cation  and  grMoation  of  crimes  of  this  kind,  there 
shall  be  created  a  body  of  nine  individuals,  with 
the  title  of  protectors  of  the  liberty  of  the  press. 
In  order  to  lU  formation,  the  Cabildo  shall  pre- 
sent a  list  of  fiftjr  respectable  persons  not  em- 
ployed in  the  administration  of  the  Governmeat; 
from  these  selections  shall  be  made  according  to 

euralitv  of  votes.  The  electors  shall  be  the  live- 
do eclesiastico.  alcalde  de  primer  voto,  sindioo 
procurador,  fiscal  de  la  camera,  and  two  respect- 
able persons  of  the  vicinity,  nominated  by  the 
Cabildo.  The  escribano  de  pueblo  shall  certifr 
the  election  and  respective  commissions,  whieti 
shall  be  delivered  to  the  elected  withoat  loss  of 
time. 

Art.  4.  The  power  of  these  protectors  shall  be 
limited  to  determine  whether  or  not  there  be 
criminal  matter  in  such  publications  as  may  be 
submitted  to  them.  The  punishment  of  the 
crime,  after  the  evidence  is  declared,  shall  bdonr 
to  the  magistrates.  The  protectors  shall  hola 
their  offices  for  one  year,  at  the  expiration  of 
which  there  shall  be  a  new  election. 

Art.  5.  The  third  of  the  votes  in  favor  of  the 
accused  shall  be  a  sentence  of  acquittal. 

Art.  6.  Any  party  interested  appealing,  thepro- 
tectors  shall  choose,  by  lot,  nine  individuals  of  the 
forty-one  remaining  on  the  list  out  of  which  they 
themselves  were  selected ;  these  shall  review  the 
matter,  and  their  sentence,  if  in  favor  of  the  ac- 
cused, shall  be  irrevocable.  In  eases  of  challenge 
for  just  cause,  the  places  of  the  challenged  shall 
be  supplied  in  the  same  manner. 

Art  7.  The  same  method  shall  be  followed  in 
the  provincial  capitals,  sabstitoting,  for  the  prior 


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APPJBNDIS. 


2002 


Qjudtlipn  qf  Sowth  Ameriai. 


ie  eoosoltdo.  the  deputado  de  comeroio,  and,  fot 
tlie  fiaeid  de  la  camera,  the  promotor  fiaeaL 

Art  8.  Works  wbicb  treat  of  religion  shall  not 
be  pnUished  without  scrutiny  by  the  diocesan* 
In  ease  of  accusation,  the  worlc  sfaAll  be  re-exam- 
ined  by  the  same  ecclesiastic,  assisted  by  fonr  of 
the  j^otectors,  and  the  minority  of  Totes  shall 
constitute  an  irrevocable  sentence. 

Art.  9.  Authors  are  responsible  for  their  works, 
or  the  nrinters,  not  making  it  appear  to  whom 
thej  belong. 

Art.  10.  This  decree  shall  be  obserred  till  Con- 
gre»  otherwise  determine. 

Final  Cb aptbb.— General  provtsiotu. 

1.  The  reglamento  de  policia,  (regulation  of 
police,)  issued  the  22d  day  of  December,  1812.  for 
the  capital  and  province  of  Buenos  Ayres,  shall 
subsist  for  the  present  under  the  following  limit- 
ations : 

The  powers  of  the  intendente  de  policia  shall 
remain  vested  as  they  are,  in  the  goyernor  of  the 
pffOf  ince;  the  three  commissaries,  with  the  powers 
and  duties  designated  in  the  said  regulation^  shall 
continue  for  the  present  under  the  inspection  of 
the  governor,  and  among  them  seniority  as  to  the 
poeaesaion  of  office  shall  alone  give  preference; 
eicept  their  salaries,  they  shall  receive  no  emolu- 
ment for  services  perfomded  in  auality  of  com'* 
missaries.  The  governor  shall  undertake  no  work 
reqaiiing  expenditure  of  p^o  money,  without 
previous  consent  of  the  Caoildo  and  the  approba- 
tion of  the  Director.  Every  payment  slwll  be 
made  atcording  to  the  mode  preaeribed  in  the 
said  regulation.  No  payment  shall  be.  made  at 
the'treasury  wit)ioilt  the  approbation  of  the  fihi- 
preme  Director,  and  the  treasurer  shall  replace 
money  paid  by  him  contrary  to  this  artidcr  The 
3d,  4tb,  and  5ih  articles,  which  establish  an 


aar,  nortero,  and  eeoribano  de  ramo,  shall  be  repeal- 
ed, tnekst  office  being  exercised  by  alike  officer  of 
the  Qeneral  Ctovernment  The  8th,  10th,  nnd 
14th,  shall  only  have  effe^  se  far  as  they  are  com- 
]AtiUe  with  personal  aeotrity.  liberty  or  the  press, 
and  other  r^hts  of  man,  wnich  have  been  de- 
clared. The  ilst  of  the  circular  instruction  to 
the  alcaldes  de  barrio  shall  be  observed,  sp  fiir  as 
it  is  compatible  with  the  chapter  iipon  the  liberty 
of  the  press.  AU  the  change  that  may  have  been 
made.conuary  to  the  said  reglamento  de  i>olicia. 
and  to  what  the  estatuto  provisional  (provisional 
statute)  of  May  5, 1815,  in  article  1.  final  chapter 
of  general  provisions,  provides^  shall  be  amended, 
the  office  of  four  commissaries  last  established 
being  suppressed. 

2.  The  Cabildos  of  the  other  cities  and  towns 
of  the  State  shall  appoint  a  commission  of  four 
persons  of  the  vicinity,  of  the  best  information 
and  the  greatest  zeal  for  the  public  good,  who, 
keepinff  in  mind  the  said  reglamentos  of  the  ea|M- 
tal,  shall  form  one  suitable  to  the  cireumstaneea 
of  the  pUce,  transmitting  it  to  Congress  for  their 
approbation. 

3.  Securities  for  the  due  discharge  of  duty 
shall  be  required  from  all  officer«^  according  to 
the  nature  of  each  office ;  the  laws  formerly  re- 


aring them  being  hereby  reatored.  Theses 
cising  offices  for  me  due  performance  of  whieh  . 
security  ought  to  be  ^iven,  are  pefemptorily  re- 
quired to  give  it  within  six  montna  from  the  dale 
of  this  provisional  regulation^  the  Director  and 
governors  attending  to  this,  with  the  privilece  of 
ti^ng  four  securities,  each  seourity  binding  niaat 
self  for  one-fourth  of  the  whole  amount. 

4.  To  the  officers  of  the  treasury,  (martiiCrai 
iie  hacfienda,)  and  the  officers  of  the  ouatomf 
hous^  (adminutradoru  de  aduana,)  shall  be  re* 
atored  the  coercive  jurisdiction  for  the  recoverf 
and  collection  of  debts,  certain  and  liquidated,  ia 
favor  of  the  State.     . 

5.  The  laws  and  decrees  made  by  the  bat  coft* 
vention,  (ofom^Mea,)  as  to  religious  profoesion, 
shall  be  of  no  efiect. 

6.  Contributions  imposed  in  one  province  for 
its  special  benefit  shall  not  extend  to  the  other. 

7.  All  the  provinces  in  the  union,  cities,  and 
towns,  having  Cabildos,  may,  without  the  neces- 
sity of  obtaining  permission,  giving,  howevo^ 
previous  information  to  the  Director,  make  ail 
the  establishmenu  they  may  deem  useful  and 
promotive  of  their  industry,  prosperity,  arts,  aoi 
sciences,  without  prejudice  to  the  firiends  of  tbe 
State. 

8»  Ail  those  in  poaaeasion  of  letters  of  naturali- 
zation, which  have  not  been  issued  by  the  foaam 
General  Constituent  AsaemUj,  by  the  present 
Congress,  or  the  Supreme  Director  for  the  time 
being,  in  virtue  of  the  decree  of  the  39th  August^ 
shall  present  them  to  the  present  one  for  ratifiaa^ 
tioa.  should  they  deserve  it,  without  which  they 
shallbeof  noefiect. 

9.  All  the  offices  of  the  Government,  inelud* 
iag  the  Supreme  Director  of  the  State  and  his 
Secretaries,  shall,  upon  termination  of  oflGbe,  bf 
liable  to  inquiry  into  their  conduct;  the  Director 
and  his  Secretaries  before  Congress,  the  others 
before  judges  to  be  appointed  by  the  Congvessi 
the  last  shall  be  liable  to  such  inquiry  for  Ibui 
months  after  termination  of  office. 

10.  The  present  provincial  regulation  akaU  bu 
observed  throughout  all  the  terrimry  of  the  State 
from  the  time  of  publication,  which  the  Direciee 
shall  cause  to  be  made  in  a  convenient  formi 
tkose  articles  of  the  provisional  statute  (esioMo 
proviicma)  pasaed  by  the  Junta  de  Obeervacien« 
not  comprehended  herein,  beiuff  repealed,  and 
aU  anterior  laws,  regulations,  and  decrees  in  op* 
position  to  it,  being  in  like  manner  repealed. 

Sanctioned  by  the  Cteneral  Conaresa,  sealed 
with  the  provisional  seal,  signed  by  the  preaident, 
and  countersigned  by  his  Secretary,  in  Buenoa 
Ayres,  the  third  day  of  December,  A.  D.,  one 
thousand  eight  hundred  and  seventeen. 

P£DRO  LEON  GALLO. 

J.  B.  ELEAS,  Seeretary. 

H. 
The  Director  (ad  isUerim)  qf  the  State^inBue* 
noeAyree,totheciHzen$0ff'dU  th€  pievmctf* 
Bumien  ATRie,  Auf.  6, 1815. 
I  could  wiabi  by  means  of  a  detailed  manifesto^ 

Digitized  by  VjOOQIC 


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APPENDIX. 


2094 


OondUion  of  South  America. 


to  explain  to  the  people  ereiy  step  whieh  has 
beea  taken  for  the  purpose  of  establtshinff  con- 
cord with  the  Chief  of  the  Orientals,  and  the  dif- 
&tiities  which  have  constantly  opposed  them- 
selves  to  so  desirable  an  object;  by  this  means, 
also,  holding  out  a  warning  to  all  minds  of  the 
eriis  which  most  flow  fVom  these  nnfortanate 
differences.  Bat,  for  the  present,  this  is  not  pos- 
eible,  nor  so  necessary  as  the  immediate  commn- 
nication  to  all  of  the  results  of  our  last  negotia- 
tions. 

No  mystery  has  been  attempted  in  this  busi- 
ness; even  the  minutest  particulars  hare  been 
made  known  to  all  such  as  were  desirous  of  being 
informed ;  but,  at  a  distance,  evervthing  is  liable 
to  misrepresentation.  It  is.  therefore,  my  duty  to 
provide  against  it.  For  this  purpose,  1  confine 
myself,  for  the  present,  to  the  publication  of  the 
documents  necessary  for  the  information  that 
may  be  desired.  These  will  save  me  the  trouble 
of  a  statement  that  may  possibly  deserve  the  im- 
putation of  being  made  with  passion ;  while  the 
citizens  of  all  the  provinces  will  thus  be  left  at 
liberty  to  form  their  opinions  according  to  the 
dictates  of  their  reason,  without  being  1m  astray 
by  partiality. 

It  is  notorious  that  I  seat  deputies  to  the  Chief 
of  the  Orientals,  in  order  that  we  might  fix  upon 
some  plan  of  establishing  such  an  understanding 
and  harmony  as  would  be  sufficient  to  avoid  re- 
ciprocal aggressions  until  the  General  Congress 
should  be  assembled,  and  arrange  our  differences 
on  permanent  principles.  ' 

The  propositions  reciprocally  made  did  not 
satisfy  either.  The  decision  was  reserved  for  a 
future  Congress. 

Soeh  was  tha  state  of  things  when  there  ap- 
peared in  this  city  four  deputies^  sent  from  an 
assembly  of  the  Orientals,  and,  unUed  with  these. 
Cordova,  Santa  F&  and  Corrientes,  with  official 
instructions  from  Ueneral  Artlgas,  which  author- 
ized them  to  enter  into  stipulations.  The  docu- 
ments subjoined  have  originated  fVom  this  pro- 
cedure. 

Finally^  after  refusing  to  siffn  the  statement 
No.  2,  or  the  document  No.  3,  they  returned, 
giving  assurances^  by  word,  that  they  went  in 
peace,  and  they  were  answered,  *'  Peace  be  with 

J  POO.''    People  of  the  provinces!  it  is  for  }rou  to 
udge ;  the  case  is  yours,  and  your  safety  is  the 
supreme  law  of  the  State. 

IGNACIO  ALVAREZ. 
Oaiooaio  Taglb. 


flan  for  the  egtabUthment  of  harmony,  pre$enied 
bff  the  deputation  of  the  Chief  of  the  OrierUala 
to  the  Government  of  Buenos  Ayres. 

Buenos  Atie0,  My  ^  1815. 
There  shall  be  a  onion,  offensive  and  defensive, 
between  the  provinces  under  the  direction  of  the 
Chief  of  the  Orientals  and  the  Government  of 
Boenos  Ayres. 

The  tffoops^of  Boenoe  Ayres  which  passed  over 
to  the  eastern  shore  of  the  Urogoay  shall  be  con- 
sidered at  purely  aoziliary,  until  the  oecopation 


of  Montevideo.  There  shall  be  restored  of  what 
was  carried  away  from  that  place  three  thoosand 
stand  of  arms,  one  thousand  swords,  twelve  pieces 
of  light  artillery,  of  twos,  fours,  and  sizes.  There 
shair  be  mounted  on  the  fortifications  the  number 
of  pieces  of  artillery  that  may  be  requisite,  the 
principal  portion  to  be  brass,  with  the  necessary 
material  for  all  and  each  of  said  cannon ;  nine 

Snboats,  with  all  requisite  supplies;  powder, 
ed  ammunition  for  cannon  or  every  caliber; 
also  for  small  arms,  and  fifty-five  thousand  flints; 
one-half  of  the  mortars  taken  away;  the  bombs 
and  grenades,  with  everything  for  using  them, 
together  with  the  printing  press. 

To  Santa  Fe  there  shall  oe  delivered  five  hun- 
dred stand  of  amas. 

To  Cordova  a  like  number. 

The  remainder  of  the  articles  withdrawn  from 
the  Oriental  province  of  the  Uruguay  shall  re- 
main in  Buenos  Ayres  as  a  deposite,  for  the  pur- 
pose of  aiding  the  other  provinces,  to  be  used  at 
the  instance  of  the  Chief  of  the  Orientals,  and 
for  the  aid  of  the  province  of  Buenos  Ayres  itself 
according  to  its  future  exigencies. 

The  deputation  has  the  honor  to  state  to 
his  Excellency  the  Director  of  Boenos  Ayres 
that  they  will  cheerfully  enter  into  any  discos^ 
siotts  to  which  their  propositions  may  give  rise 
with  the  magbtracy  of  this  capital,  according  to 
the  25th  article  of  the  first  chapter,  section  three, 
of  the  provisional  statute. 

MIGUEL  BARRIERO, 
JOSE  ANTONIO  CABRERA, 
JOSE  GARCIA  DE  CASSIO. 

Official  letter  of  Hie  Excellency  the  Director  of 
the  ^aie  to  the  Chief  of  the  Orientals. 
BoaHOB  Atrbs,  Aug.  1, 1815. 
The  deputation  sent  by  your  Excellency  to 
this  Government  presented  your  esteemed  cOBfr> 
manication  of  the  29th  ultimo,  which,  at  the  same 
time  that  it  served  as  the  credentials  of  the  mia- 
sion,  manifssted  the  desire  of  conciliation  which 
aniaatee  your  Excellency.  I  was,  indeed,  in- 
duced to  expect  from  this  that  the  mission  had 
been  directed  to  propose  more  reasonable  groondb 
of  accommodation  than  those  offered  by  your- 
self to  mv  deputies.  Colonel  Pico  and  D.  Ri  verola. 
Judeing  by  my  own  heart,  I  considered  the  nego- 
tiation already  ended.  I  requested  the  depuuee 
to  give  me  their  propoeab  in  writing ;  and  the 
following  day  thev  reproduced,  in  su&taace,  the 
same  as  before  offerea,  with  the  addition  of  sev- 
eral supernumerary  articles.  I  immediately  took 
8tq>s  to  assemble  the  authorities,  aecordioff  to  the 
provisions  in  such  cases  of  the  twenty-fifth  arti- 
cle, chapter  first,  section  third,  of  the  provisional 
statute,  by  whom  the  subject  has  been  maturely 
considered,  and  the  plan  proposed  anew  on  your 
part  duly  weighed.  They  have  resolved  to  give 
for  answer  tluit  the  claims  of  your  Excellency 
ought  to  be  left  to  the  supreme  judgment  of  the 
General  Congress  of  all  the  provinces;  that  if, 
in  reality,  the  sovereignty  of  this  auffust  body  is 
to  be  recognised,  it  is  proper  to  wait  for  its  deter- 

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APPENDIX. 


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QmdUian  of  South  America. 


fninatioD,  which  will  irrevocably  cermioate  our 
differences.  We  concurred  in  our  private  ppin- 
ioQs  how  injurious  to  the  common  cause  these 
discords  must  be,  particularly  in  this  important 
portion  of  the  country.  The  sending  to  your 
bzceilency  the  beforementioned  depuues  was  an 
act  dictated  by  the  necessity  of  coming  to  an  ami- 
cable understanding,  so  that  the  expedition  ex- 
pected from  the  Peninsula  should  find  us  acting 
in  concert,  as  I  hare  expressly  stated  in  m]r  com- 
munication of  the  11th  of  May.  In  such  circum- 
atances,  it  was  plainly  for  the  common  interest 
that  we  should  at  least  agree  not  to  make  war 
upon  each  other,  even  if  we  Should  be  unable  to 
agree  upon  anytning  else.  It  never  could  be  just 
to  expose  the  fate  of  all  the  province^  bv  dis- 

Jmtes  between  the  Orientals  and  Buenos  Ayres, 
or  advantages  reciprocally  claimed  over  each 
other.  Bui,  since  the  danger  which-  threatened 
us  is  dissipated,  let  us  await  the  decision  of  the 
Supreme  Congress  on  our  cause.  If  we  are  lib- 
eral in  our  principles^  and  are  not  disposed  to 
wrong  the  other  provinces,  let  us  give  them  a 
share  in  the  adjudication  of  rights,  when  it  so 
properly  belongs  to  them. 

tineooa  Ayres.  by  the  sacrifices  she  iias  made, 
lias  been  reduced  to  her  present  state  of  honora- 
ble poverty}  her  efforu  were  made  as  a  member 
cf  the  union,  and  as  the  capital  of  all :  as  a  mem- 
ber, she  has  brought  all  her  wealth  into  the  com- 
mon fund ;  as  the  capital,  she  has  received  con- 
tributions from  the  other  members  without  dis- 
crimination. But  for  none  has  there  been  so 
much  expended  as  for  Montevideo.  Your  Ex- 
cellency, in  her  name^  demands  those  articles 
which  have  been  taken  away,  and  generously 
beetbws  a  thousand  stand  of  arms  upon  Cordova 
and  Santa  Fe,  the  remainder  to  remain  in  depos- 
ita  in  this  place,  to  be  used  at  your  instance  ^e 
intervention)  to  aid  the  other  provinces.  The 
difficulty  consists  in  this,  that  if  all  the  other 
provinces  should  follow  the  examples  of  the  Ori- 
entals, and  demand  what  they  have  contributed. 
Sueaos  Avres  will  also  come  in  for  a  share,  and 
it  will  be  her  dutv  to  make  aa  equal  distribution 
of  the  property  which  has  been  saved  in  the  gen- 
eral bankruptcy  to  each  creditor  according  to  the 
amount  of  his  credit.  But  Buenos  Avres  cannot 
be  both  party  and  judge ;  it  is  therefore  evident 
that  the  next  Congress  is  the  only  tribunal  for 
the  deobion  of  this  important  cause.  Until  then 
(aspiring  still  to  the  praise  of  acting  with  the 
same  moderation  you  have  shown  in  the  midst 
of  the  severe  trials  experienced  in  the  cause  of 
liberty,  as  you  have  observed  in  your  communi- 
cation) your  conduct  will  be  such  as  to  preclude 
the  occurrence  of  unhappy  contentions,  while,  on 
my  part,  I  shall  do  nothing  but  to  endeavor  to 
prevent  it.  To  this  end  I  have  ordered  a  force 
to  Santa  Fe,  with  instructions  to  publish  the 
proclamations  herewith  enclosed.  The  deputies 
of  your  Excellency  have  experienced  some  de- 
tention, because,  having  informed  them  of  the 
measure  beforementioned,  I  was  apprehensive 
tbat  they  would  hasten  to  your  Excellency  in 
order  to  oppose  the  carrying  it  into  effect  with 


the  necessary  tranquillity.  They  have  not, with 
all  persons,  observed  the  sreatest  prudence  in  their 
conversation,  forgetful  of  the  character  in  which 
they  appeared,  and  of  the  frankness  with  which 
they  were  received  in  this  city. 

I  ought  not  to  omit,  on  this  occasion,  to  satisfy 
your  Excellency  with  respect  to  the  aurprise 
which  you  tell  me  in  your  letter,  already  notieed, 
of  the  10th  July,  was  felt  by  you  at  my  stating 
in  mine,  of  the  1st  of  the  same  month,  that  your 
Excellency  was  unwilling  to  enter  into  details xw 
the  subject  of  the  establishment  of  mutual  har- 
mony. This  complaint  fwhich  I  confess  siur* 
prised  me  much)  was  made  by  your  Exceilencf 
in  your  communication  of  the  18th  of  Juoe^ 
brought  by  my  deputation.  Tour  Excellency 
will  please  to  examine  the  original,  and  I  hope 
your  Excellency  will  not  persist  in  asserting 
officially  what  can  thus  be  refuted-  Let  us  not 
be  intolerant  because  we  happen  to  differ  in  mat^ 
ters  of  opinion.  Athens  and  Lacedemon,  under 
different  forms  of  governmeniL,  attained  equal 
glory  and  felicity ;  we  have  differed  as  to  whal 
best  suits  us,  we  have  not  yet  fixed  on  the  kind 
of  government  that  is  to  be  adopted^  and  for  thia 
reason  our  differences  appear  to  be  interminable; 
so  that,  in  whatsoever  mode  the  Question  is  re- 
ceived, there  is  the  greater  reason  for  referring  it 
to  the  decision  of  the  General  Congress ;  we  shall 
otherwise  be  at  variance^  without  the  possibility 
of  coming  to  a  compromise.  May  the  day  of  its 
accomplishment,  with  the  establishment  of  our 
ardently  desired  liberty,  soon  arrive! 

IGNATIO  ALVAREZ. 

GRfiGORio  Taolb,  SecnUury.  . 

Official  letter  of  Don  AtUonio  Saena  1o  the  Di- 
rector qf  the  State,  accompanied  6y  the  note 
designated  1  and  2. 

Buenos  Atres,  Aug.  4, 1815. 
Most  Excellbht  Sir:  I  have  entered  into 
conference  with  the  deputies  of  the  Chief  of  tha 
Orientals,  in  pursuance  of  your  Excellency's  ia- 
structions.  I  considered  it  expedient4iot  to  defer 
it  until  they  should  produce  sufficient  credentiala 
from  th<B  Congress  of  Paysander,  of  which  they 
declare  themselves  the  deputies.  It  appeared  to 
me  that  the  informality  of  their  powers  ought 
not  to  stand  in  the  way  of  the  establishment  of 
an  honorable  peace,  when  the  stipulations  might 
afterwards  be  legalized  by  confirmation ;  and  as 
it  is  not  possible  for  them  to  obuin  regular  cre- 
dentials from  the  Congress,  which  no  longer  ex- 
ists, the  adjustment  may  still  be  considered  aa 
made  with  the  Chief  of  the  Orienuls.  After 
protracted  debates^  it  was  finally  agreed  that  peace 
should  be  established,  and  that  the  OrienUis 
should  renounce  their  pretensions.  Without  a 
moment's  loss  of  time,  I  proposed  the  esUbUsh- 
ment  of  its  basis  according  to  the  prineiplea 
asreed  upon,  and  to  sanction  it  by  our  aigoatores* 
But  I  soon  found  that  in  their  conceptions  it  waa 
not  so  easy  to  si^tk  as  to  promise.  They  then 
delivered  me  the  Kigned  paper  No.  1.  I  saw  that 
it  was  not  in  my  power  to  affirm  it  on  aeeovat 


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APPENDIX. 


2098 


CwdHkm  4f  Souih  America. 


4)f  the  doabU  which  it  prest Bted,  and  the  ioter- 
pretatioQs  of  which  it  was  suscefittble,  the  simple 
propositioQ  which  it  eontaios  being  cooceived  in 
ragae  and  indefinite  terms,  and  the  authoritj  of 
the  Sopreme  Director  narrowed  in  an  ofiensi? e 
manner,  placing  it  even  below  that  of  the  chief  of 
the  Orientals,  and  being  changed  into  the  simple 
Govern  men  t  of  Buenos  Ajres ;  and  finally,  because 
it  ia  not  couched  in  the  terms  used  amongst  civ- 
ilised nations.  For  these  reasons,  I  presented 
them  the  note  No.  2,  and  requested  their  sanction. 
They  replied  that  the  articles  were  conformable 
to  what  had  been  argued  upon  in  our  conferences^ 
but  they  were  all  consequences  of  the  single 
article  establishing  peace,  Ac;  they  said  they 
would  religiouslv  pledge  their  faith  and  honor 
for  the  true  performance  of  them,  but  that  they 
were  unwilling  to  sign  the  paper.  This  is  the 
only  reason  they  have  thought  pn^r  to  give  for 
m  conduct  so  strange.  They  dropped  something, 
it  is  true,  about  its  not  being  expedient  to  sign  at 
the  present  moment,  although  just  to  do  so^  and 
that  they  would  give  an  explanation  of  the  rea- 
sons more  fully  on  their  return  home.  Such 
have  been  the  subterfuges  with  which  they  eva- 
ded signing  the  accommodation  which  I  proposed 
them,  and  such  also  is  the  result  of  our  pro- 
tracted conferences.  The  most  earnest  and  en- 
«rffetic  representations  have  been  unavailing  to 
induce  them  to  desist  from  a  conduct  so  injurious. 
The  eonferenees  at  length  closed  without  efifect- 
ing  anything.    I  have  the  honor  to  be,  dbc. 

ANTONIO  SABN6. 


No.  1. 
7b  the  Supreme  Director, 

The  citixens  Don  Jos^  Garcia  de  Cassio,  Don 
Joe^  Antonio  de  Cabrera,  Don  Pascal  Andrino, 
and  Don  Miguel  Barriero,  deputies  from  the 
CoiMxesa  of  the  Orientals,  to  treat  of  peace  with 
tha  Uoverament  of  Buenos  Ayres,  have  termi- 
Bsted  a  conference  with  citizen  Don  Antonio 
Snens,  authorixed  by  his  Excellency  for  that  pur- 
poae.  with  this  only  proposition : 

Tnere  shall  be  peace  between  the  territories 
ander  the  Government  of  the  Chief  of  the  Ori- 
•Dtalsi  and  his  protection,  and  the  Government 
of  Buenos  Ayres. 

MIGUEL  BARRIERO, 
DON  JOSE  GARCIA  DE  CASSIO, 
DON  PASCAL  ANDRINO, 
JOSE  ANTONIO  CABRERA. 
Signed  at  Bubnos  Atres,  Augtut  3, 1815. 


No.  2. 
Bubnos  Atbbs,  Aitgutt  3, 1815. 
The  Commissioner,  on  behalf  of  his  Excel- 
Icnay  the  Supreme  Director  of  the  State,  ap« 
pointed  to  treat  of  peace  with  the  four  deputies 
who  have  come  for  this  purpose  from  Paysander, 
sent  by  General  Artigas,  requites  that  the  sole 
propoaition  of  peace,  which  they  have  subscribed, 


should  be  reduced  to  a  formal  and  solemn  treaty, 
as  expressed  in  the  following  articles : 

First.  There  shall  be  perpetual  peace,  friend- 
ship, and  alliance  between  the  Chief  of  the  Orien- 
tals and  the  Government  of  Buenos  .Ayres. 

Second.  The  same  shall  be  established  between 
the  citixens  who  reside  under  the  Government 
and  protection  of  each. 

Third.  Both  territories  and  governments  shaU 
be  independent  of  each  other. 

Fourth.  The  Parana  shall  be  the  line  of  de- 
marcation between  them. 

Fifth.  Each  of  the  contracting  parties  shall 
renounce  all  claims  to  indemnity  for  what  may 
have  b^en  attributed  to  the  common  cause. 

Sixth.  They  likewise  oblige  themselves  to  send 
deputies  to  the  Congress  of  Tucuman. 

Seventh.  The  vessels  which  have  left  Buenos 
Ayres  for  Montevideo,  or  other  parts  under  the 
Chief  of  the  Orientals,  shall  be  permitted  to 
return. 

Eighth.  A  veil  shall  be  cast  over  the  past^ 
and  no  one  be  persecuted  for  his  conduct  here- 
tofore. 

Ninth.  The  four  deputies  of  the  Congress  of 
Paysandershall  produce  sufficient  powers  toratify 
the  treaty.  , 

Tenth.  The  present  treaty  shall  be  ratified  by 
the  competent  authorities  in  three  days,  and  by 
the  Congress  assembled  at  Paysander  within 
twelve. 

ANTONIO  SAEN8. 

An  official  letter  from  His  ExceHeneu  the  DireC' 
tor  of  the  State  to  the  Chief  of  the  (hienUda. 

BuBHos  Atrbs,  August  7, 1815. 
After  having  delivered  to  the  deputies  from 
your  Excellency  the  communication  dated  the 
first  of  the  present  month,  advising  you  of  the 
last  negotiations,  they  proposed  that  some  mode 
should  be  adopted  to  render  negotiation  less  dif- 
ficult. I  immediately  took  steps  for  this  purpose, 
in  order  that  the  deputies  might  depart  in  peace, 
and  that  the  same  should  be  with  this  Govern- 
ment. I  repeated  that  I  should  be  unchangeable 
in  my  principles  of  moderation,  and  that  I  would 
preserve  all  possible  harmony  as  far  as  was  com- 
patible with  the  honor  and  interests  of  the  pro- 
vinces over  which  I  have  the  honor  to  preside. 
I  expect  the  like  sentimenu  on  the  part  of  your 
Excellency,  and  in  this  confidence  I  pray  you  to 
permit  the  return  of  the  vessels  which  have  left 
this  river  in  good  faith,  to  the  ports  of  the  eastern 
shore,  and  which  suffer  great  prejudice  in  conse- 
quence of  the  detention.  In  this  case,  justice 
will  acquire  the  credit  of  eenerosity,  and  variance 
of  opinion  on  the  part  of  the  Governments  will 
be  less  calamitous  to  the  unfortunate  citixens 
who  have  no  part  in  their  discords. 

IGNACIO  ALVAREZ. 

Grbgobio  Tagle. 
To  Gen.  Josb  AnTieAS, 

Chirfofthe  OHentab. 


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APPENBIX. 

CMdilion  ^  SotUh  America. 


2100 


General  Artigaa  to  the  Supreme  Director^  Ptieyr- 
redon. 
Purification,  November  i5, 1817. 

SzcsLLSNT  Sir  :  How  long  does  your  fixeel- 
ieRoy  mean  to  sport  with  my  forbearaace  ?  Ei^bt 
years  of  rerolation,  of  privations,  of  dangers,  ofro- 
jsaraes.  and  misfortunes,  ought  to  have  sufficed  to 
esteblish  the  rectitude  of  my  intentions,  and  the 
character  of  my  Qovemment ;  the  dignity  of  the 
Oriental  people  has  more  than  once  show  forth ; 
they  ought  to  know  the  delicacy  I  have  mani- 
ftilfd  in  reference  to  the  inalienahility  of  their 
sacred  rights;  and  your  Excellencv  has  the  bold- 
aaes  to  insalt  them.  Your  BioeUeney  ie  doing 
everything  in  your  power  to  provoke  my  moder- 
alioB ;  the  thought  of  this  alone  should  cause 
your  Bzcellency  to  tremble.  However  specious 
may  be  the  motives  alleged  in  support  of  such 
conduct,  they  are  incompatible  with  the  general 
interest  assailed  by  the  rortugocse  aggression. 
Toor  BxceUency  is  guilty  of  a  criminal  conduct 
in  repeating  those  slanderous  insults  under  cover 
G^  which  the  enemy  believe  the  success  of  their 
kivaeion  to  be  certain. 

It  is  in  vain  for  your  Bzcellency  to  attempt  a 
display  of  the  generosity  of  your  sentimenu ;  the 
ccfurse  of  events  alone  is  sufficient  to  refute  the 
attempt,  and  these  prove  that  vour  Bxeellency  is 
more  zealously  occupied  in  embroiling  the  nation, 
than  inspiring  freemen  with  the  energy  which 
should  animate  them  against  tyrants;  otherwise, 
how  could  your  Bzcellency  have  ventured  to 
publish  the  pretended  recognition  of  tl^  Govern- 
ment of  Buenos  Ayres  by  the  Orientals^  A 
crime  of  so  revolting  a  nature  could  only  be  per- 
petrated by  the  most  impure  hands;  and  your 
Bzcellency  has  had  the  audacity  to  comnut  it. 
But  it  was  in  conformity  with  the  mysterious 
plans  of  your  Excellency  to  destroy  the  firmest 
rampart  opposed  to  their  ezecution.  A  people 
enthusiastic  in  the  cause  of  their  liberties  must 
be  taken  by  surprise ;  the  dangers  are  every  mo- 
ment increasing,  and  the  recognition  before  men- 
tioned was  brought  in  aid  of  your  Bzcellency's 
designs  for  our  common  destruction.  Your  Ex- 
cellency knows  sufficiently  well  the  dignity  of 
iny  character,  and  that  the  unjust  reproaches 
heaped  upon  me  are  the  offspring  of  your  perfidy ; 
and  this  is  the  foundation  upon  which  your  Ex- 
cellency rests  your  disgraceful  neutrality.  But 
it  is  in  vain  to  imagine  that  this  paltry  excuse 
can  instify  your  Excellency  in  the  treachery  of 
supplying  the  enemy  at  Montevideo  with  wheat, 
while  besieged  by  me.  It  is  also  a  fact  little  to 
the  honor  of  your  Excellency,  that  you  have 
made  arrangements  for  a  third  ezpedition  against 
Santa  Fe,  with  a  view  to  foment  the  intrigues  of 
the  Parana,  and  promote  insurrection  on  the 
eastern  shore.  The  same  unfriendly  disposition 
induced  your  Bzcellency  to  protect  the  Portu- 
guese who  fled  from  Seriano,  sending  them  back 
to  their  General,  while,  instead  of  practising  a 
similar  generosity  towards  the  Chief  of  the  Ori- 
entals, you  did  not  think  proper  to  return  the 


arms  and  other  artides  which  those  persons 
carried  with  them  in  the  vessels  on  board  of 
which  they  fled.  It  is  thus  that  your  Bzoelleney 
has  endeavored  to  seize  a  favorable  moment  to 
light  up  the  fire  of  discord,  to  plot  with  the  Por> 
tuguese,  and  ezcite  disaffisction  in  the  regiaiMt 
of  liibertos,  sedacin^  them  to  your  side,  and  ro' 
ceivingthem  in  triumph;  an  act  of  so  gross  a 
character  cannot  be  mentioned  without  scandal- 
izing the  perpetrator ;  and  your  Bzcellency  is 
still  the  Supreme  Director  of  Buenos  Ayres. 

An  officer  opcnlv  in  the  service  of  Portugal 
oould  not  have  acted  more  iktthfuyy  for  his  King; 
and  to  the  impartial  mind  it  must  have  beeia 
evident  that  your  conduct  was  dictated  by  mo- 
tives much  more  black  than  the  cold  neutrality 
which  yon  allege.  But,  whatever  may  be  the 
merit  of  our  respective  criminations,  sound  r«^ 
son  declares  them  to  be  out  of  place,  in  the  pre- 
aenee  of  an  ambitious  stranger ;  more  than  onoe 
have  I  exhibited  an  example  to  your  Bzcellency 
of  mv  determinatioa  to  act  up  to  this  prinoiple. 
Alas  1  it  is  but  too  true  that  the  road  of  virtnoua 

Satriotism  is  as  rough  as  the  name  of  country  ia 
elightful*  Without  proving  a  traitor  to  yoor 
own  understanding,  it  is  impossible  for  year  Bs* 
oellencv  to  be  indmerent  upon  the  subjeot  of  the 
detestable  incursion  of  General  Lecor  into  our 
territory.  Your  Bxcelleaey  has  aireadv  pro- 
tested against  his  conduct;  and  how  will  your 
Bzoelleney  deny  the  work  of  your  own  hands  ? 
Are  not  the  Pertugneae  of  this  year  the  same  aa  (tf 
the  last  ?  Do  not  the  same  complaints  exist  now 
as  then  ?  Has  not  your  Excellency  outraged  the 
people  of  Santa  Fe,  and  in  them  those  of  the 
other  provinces  1  Confess,  sir,  that  you  have  no 
other  object  inputting  oq  this  aflected  neutrality 
but  to  conceal  your  intrigues.  The  Supreme 
Director  of  Buenos  Ayres  neither  can  nor  ought 
to  be  neutiaL  Did  not  your  Bzoelleney  aceose 
the  Portuguese  General  of  violating  the  lawa  of 
civilized  war&re,  in  the  threat  he  held  ent  againac 
the  Orientals  ?  And  how  can  this  be  reconciled 
to  the  character  of  a  neutral  ?  Be  then  a  aewttml) 
an  indifferent  spectator,  an  enemy;  but  Let  me 
tell  you  to  beware  of  the  just  indignation  of  thoee 
who,  having  sacrificed  everything  to  the  love  of 
liberty,  fear  nothing  but  its  loss. 

Renounce  the  despicable  expectation  that  on 
the  ruin  of  the  Orientals  you  may  one  day  raise 
the  lofty  column  of  your  glory  and  out  degrada- 
tion. The  greatness  of  the  Orientab  is  only  to 
be  compared  with  itself.  They  ksew  how  to 
meet  dangers,  to  snbdae  them,  and  to  be  reani- 
mated by  the  presence  of  their  oppressors.  I  at 
their  bead  shall  march  whenever  dani^er  threatens. 
Your  Bzcellency  knows  m&  and  ou^t  to  fear  the 
justice  of  my  vengeance.  Your  Bzcellency  does 
not  cease  to  repeat  insults  offensive  to  my  mod- 
eratioo,  and  to  the  discredit  of  the  common  cause. 
Your  Kzoellency  ouffht  not  to  think  me  insensi- 
ble. While  I  am  in  &e  field,  engaged  in  a  h)ooAj 
conflict  with  the  invaders,  you  are  lahoftng  t^ 
weaken  our  force  by  mingling  with  it  an  mEut 
which  does  not  fail  to  ezcite  well-fonnded  ate* 
picioa.    While  I  am  engaged  in 

Digitized  by 


2101 


APPENDIX. 


2102 


CondUhn  tf  Souff^  Afnsrica. 


Portngoeae,  yoa  tre  taktuff  measures  to  ftiTor 
ttiem.  WoqIcI  vour  Bxcdleooy,  in  my  plaoe^ 
hart  regarded  tnese  things  with  a  serene  coan- 
lenanee  ?  I  acknowledge  to  joar  Bzeelleacy  that 
I  have  made  a  sacrifice  of  my  feelin|ps  to  my 
eonntry,  wfaieh  claimed  a  concentration  of  all 
its  forces.  It  was  this  which  induced  me  to  seek 
a  peace  with  yonr  Elxcelleacy,  while  yon  were 
•BdeaTorinff  to  provoke  me  to  a  war.  I  opened 
the  door  umioh,  ibr  weiffhty  reasons,  1  oofht  to 
hare  kept  shut.  I  sent  back  to  you  the  officers 
taken  prisoners,  without  subjecting  them  to  the 
sufferings  which  ouffht  to  have  followed  the  crime 


(tf  their  violent  and  cruel  aggression  against  an 

acts  ofgenerosity,  which,  notwithstanding 
your  repeated  promises  of  reconciliation,  yon 


innocent  people, 
those  acts  of  gei 


Your  Bzediency  cannot  deny 


have  not  been  aUe  to  equal 

It  is  4rue  your  Excellency  did  send  some  supply 
of  arms  to  the  Parana,  but  without  giving  me  the 
least  intimation  of  ir.  This  deceitful  act  had 
for  lis  object  the  exculpation  of  yonr  Excellency 
from  the  charge  of  indiBerence  in  the  eyes  of  the 
provinces,  and  evinces  the  fertility  of  your  ma- 
dunations ;  but  do  net  think  that  this  shallow 
artifice  will  enable  you  to  escape.  We  have  just 
experienced  the  effects  of  this  generosity  in  the 
Aiatoriiaaee  of  the  Parana  and  Bntre  Rios.  Can 
it  pe  concealed  from  the  provinces  with  what 
views  these  arras  were  distributed,  when  done 
without  the  knowledge  of  the  Chief?  Let  me 
pray  your  Excellency  to  cease  your  generosity, 
if  such  are  to  be  its  effects ;  let  me  beseech  you 
to  refrain  from  aiding  the  country,  if  you  can  do 
aothtog  but  obscure  its  splendor  by  such  hateful 
seeecs.  No,  sir^  it  is  not  from  you  that  our  coun- 
try can  expect  to  be  freed  from  the  ambition  of 
the  Brazilian  King;  instead  of  boasting  of  hav- 
ing saved  the  countrV ,  your  Bxcellencyhas  noth- 
ing  to  boast  of  but  of  having  tortured  my  patience 
to  the  utmost  point  of  endiuance.  I  have  suffered 
for  mj  country,  and  yet  your  Excellency  dares 
to  criminate  me  in  public  and  in  private.  I 
have  no  need,  like  your  Excellency,  of  having 
defeoders;  iaeentrovertible  hef  speak  in  my 
behalf* 

Sir,  I  am  still  ready  to  enter  into  an  amicable 
adjustment  of  our  difference^  so  as  to  unite  dur 
forces  a||ainst  the  Portuguese;  and  I  repeat  the 
offer  which  I  made  in  Jane  last.  I  then  requested 
that  deputies  should  be  sent,  with  foU  powers  to 
draw  Closer  and  closer  the  ties  of  union.  Your 
Excellency  could  not  deny  the  importance  of  this 
request,  and  engaged  to  scad  them.  In  conse- 
queoce  of  this,  I  announced  to  the  people  the  plea- 
sing hope  of  reconciliation  ;  but.  until  the  present 
dav,  nothing  but  disappointment  has  been  the  re- 
rolt.  Your  Excellency,  it  seems,  has  had  the  ef- 
frooterv  to  announce  that  deputies  were  expected 
from  the  eastern  shore  at  Buenos  Ayres.  It  is 
b«t  little  becoming  in  yonr  Excellency  to  frus- 
trate so  desirable  an  object,  and  afterwards  to  ca- 
lemniate  me;  this  is  the  last  insult  I  am  willing 
to  bear,  and  hencefcnrth  must  request  your  Ex- 
cellency to  be  silent.  Such  imposture  is  not  less 
injurious  to  the  reciprocity  of  the  country  than 


insulting  to  me.  In  opposing  the  reconciliation 
of  the  two  shores,  your  Excellency  can  be  re- 
garded in  no  other  light  than  as  a  criminal,  and 
unworthy  of  considers tion. 

Your  Excellency,  by  this  time,  must  be  wea- 
ried in  hearing  truths,  but  you  ought  to  be  more 
so  in  giving  cause  for  them;  they  are  stamped 
with  the  characters  of  sincerity  and  justice.  Your 
Excellency  has  occasionally  provoked  my  mod* 
eration ;  my  wounded  honor  will  demana  satis- 
faction. I  speak  for  once  and  for  all,  your  Ex- 
cellency is  re8i)onsible  before  the  altars  of  the 
country  for  an  inaction  incompatible  with  its  in- 
terests, and  the  day  will  arrive  when  its  justice 
will  call  you  to  a  severe  account. 

In  the  mean  time,  I  challenge  your  Bxcelleaey 
to  appear  with  me  ii>  front  of  the  enemy,  and  to 
combat  with  a  courage  which  will  display  all  the 
virtues  that  render  grori4)us  the  American  name. 

I  have  the  honor  to  salute  your  llxcellency 
with  cordiality  and  respectful  consideration. 
FERNANDO  JOSE  ARTIGA8. 


Retrod  from  the  GazetU  o/Bumtm  Ayrea  ^fiht 
bih  of  Pebrwxry,  ISIS. 
Invasion  op  the  Portuoubsb. 
In  the  Gazette  of  the  Ist  of  December  last,  we 
published  the  official  letter  of  his  Excellency  the 
Director  to  the  PortUjg^qese  General  in  the  Banda 
Orienul,  requiring  him  to  cease  his  march  into  a 
territory  whose  union  with  the  United  Provinces 
of  the  South  had  i;iot  been  renounced,  but  aeci* 
dentallv  suspended.  The  Portuguese  General,  in 
his  reply,  denied  the  principles  on  which  this  pro- 
tect was  foended,  insisting  on  t^e  pretext  waich 
had  induced  his  Court  to  a  rupture  so  unjustifiable : 
but  as,  at  the  sam/s  t^,  he  relevred  for  his  justi- 
flcatioA  to  the  orders  of  his  Prince,  from  which 
be  was  not  at  liberty  to  depart,  there  were  rea- 
sons to  suspect  that}  from  the  slowness  of  his  ope- 
rations and  other  circumstances,  he  might  possi- 
bly have  received  instructions  to  suspend  his 
marches,  and  evacuate  the  country  unjustly  ia* 
vaded.  This  doubt  has  disappeared  with  the 
event,  and  the  occupation  of  Montevideo  has  been 
preceded  by  an  action  in  which  that  precious  soil 
nas  been  moistened  by  the  blood  of  its  sons.  We 
shall  hereafter  make  some  further  obserratioiis 
upon  this  conduct;  at  present  we  shall  insert  the 
reply  of  the  Portusfuese  General,  as  also  an  official 
letter  of  his  Excellency  the  Director,  transmitted 
by  Don  Manuel  Roxas,  who  sailed  for  Montevi- 
deo the  2d  of  the  present  month. 

Q^icta^  leit^  <f^  GenmU  of  the  Pm-tugmm 
Army  in  tk4  Btmda  Oriental,  in  reply  to  ^kai 
rf  thie  Government,  publi^ked  in  &e  Gazette 
of  the  let  qf  December  laet. 

HfiADaUABTERB,  PabO  OF  SaN  MlGUfiLi 

November  27, 1816. 
Most  Excellent  Sir  :  Taking  into  consider- 
ation what  jon  have  been  pleased  to  communi- 
cate to  me  in  your  official  letter  of  the  13th  of 


210S 


APPENDIX. 

Condition  qf  South  AmeHecu 


2104 


Aiig09t  last  past,  delivered  to  me  by  Col.  Vidia 
OD  tbe  24ih  of  ibis  montb,  (November,)  I  can 
assure  your  EzcelleDcy  that  mj  marches  have 
for  their  sole  object  the  removal  of  the  germ  of 
disorder  from  the  frontier  of  the  kiogdom  of  Bra- 
ail,  and  the  occupation  of  a  country  abandoned 
to  a  state  of  anarchy. 

This  wise  and  necessary  measure  ought  in  no 
rflffpect  to  excite  uneasiness  in  the  Government 
of  JBuenos  Ayres,  since  it  has  been  executed  in  a 
territory  which  has  declared  itself  independent 
of  the  western  side.  « 

The  most  scrupulous  regard  has  been  paid  to 
the  armistice  concluded  on  the  26ih  of  May, 
1812,  esublishing  amity  between  the  two  coun- 
tries ;  and,  in  case  of  being  atucked,  I  shall  only 
act  on  tbe  defensive,  until  the  receipt  of  further 
orders  from  my  King  and  Sovereign. 

The  proclamation  which  I  enclose  to  your  fix- 
ctUency  (the  same  which  has  already  appeared 
in  our  newspapers)  will  make  known  the  spirit 
in  which  I  oome  to  this  unfortunate  country  by 
the  commands  of  my  Sovereign. 

I  continue  my  marches,  which  can  only  be 
suspended  by  order  of  tbe  King  my  sovereign  ; 
and  it  will  shortly  be  in  my  power  to  manifest  to 
your  Excellency  tbe  good  faith  of  my  military 
operations  by  a  better  opportunity  and  from  a 
nearer  point. 

I  thank  your  Excellency  for  tbe  occasion  you 
have  afforded  me  of  being  acquainted  with  Col. 
yidia«    Ood  preserve  your  Ezcellencv. 

CARLOS  FREDERICO  LECOR, 
Ideutenant  Oeneral. 

nimo.  and  Exmo.  J.  M.  PoEYaaBooN. 

Rtplp  to  the  foregoing  Utter  by  the  SupremeDi- 
rector. 

GOVBBNMBNT  HoUSB, 

Buenos  Ayebs,  Feb.  1, 1817. 

Most  Ezcbllbht  Sir  :  The  suspension  which  I 
observed  in  the  operations  of  the  army  under 
your  command,  after  the  receipt  of  your  reply 
of  the  27th  of  November  last,  together  with  the 
proclamation  which  it  enclosed,  |pave  me  reason 
to  hope  that  your  Excellency,  doing  honor  to  the 
armistice  concluded  on  the  26th  of  May,  1812, 
between  His  Faithful  Majesty  and  this  Govern- 
ment, whose  violent  infraction  I  protested  against 
under  date  of  the  3l8t  October  last,  would  refrain 
from  giving  rise  to  the  horrors  of  war ;  or,  at 
least,  that  you  would  enter  into  some  temporary 
arrangement,  untiLthe  explanations  of  your  Court 
could  be  obtained  in  an  affair  considered  not  less 
important  to  tbe  inhabitants  west  of  the  Uruguay 
and  the  Parana  than  to  those  of  the  Banda  Ori- 
enttl.  Your  Excellency,  notwithsunding,  at  an 
unexpected  moment,  hastened  your  marches; 
and,  under  the  sole  justification  of  force,  you 
have  gone  so  far  as  to  oppress  with  your  arms 
the  place  which  you  now  occupy,  but  without 
any  other  effect  than  to  convince  you  of  the 
abomination  with  which  its  inhabitants  regard 
every  foreign  yoke. 

The  asauraneet  which  your  Excellency  pre- 


sents to  this  GovernflMBt  in  your  beforemcii* 
tioned  official  letter,  far  from  affording  tranquiUitf  , 
only  excite  our  alarm ;  and  the  United  Provinees, 
in  the  last  steps  of  your  Exedlenev,  can  discover 
nothing  but  the  sad  presage  of  the  evils  whick 
threaten  them,  should  they  remain  insensible  to 
the  aspirations  of  a  foreign  Power  over  a  con- 
stituent part  of  the  nation. 

In  order  to  demand  an  explanation  of  this  aggiea- 
sion  upon  the  rights  of  the  provinces^  so  notori- 
ously unjust,  I  have  determined  to  seno  an  Bavay 
Extraordinarjr  to  His  Faithful  Biajesty,as  also  to 
learn  the  origin  and  object  of  a  war,  whidi  wiU 
be  provoked  with  a  State  at  peaces  in  order  to  se- 
cure the  immunity  of  the  Banda  OrientaL 

Until  the  reply  of  His  Faithful  Idajesty  shall 
have  been  received,  I  hope  your  Exoefieney  will 
not  prosecute  the  war  in  that  territory,  but  iame- 
diateljr  suspend  tbe  operation  of  your  arms,  under 
a  provisional  armistice,  which  will  be  entered  into 
by  means  of  a  person  whom  I  shall  send  with  saf* 
ficient  authority,  so  soon  as  your  Exeeliency  mh 
inforQi  me  of  your  willingness  to  meet  my  propo- 
sal, as  I  hope  will  be  done  by  the  hand  of  Colo- 
nel Manuel  Roxas,  who  is  the  bearer  of  this  eooi- 
munication. 

If  your  Excellency,  in  strict  obedience  to  the  or- 
ders of  your  sovereigUi  under  these  extraordinarf 
circumstances,  should  continue  the  war^  your  Ex- 
cellencv  will  be  responsible  to  humanity  for  the 
blood  that  will  be  shed;  and  the  impartial  world 
will  justify  the  means  of  indemnity  that  will  be 
taken  for  the  sacrifices  of  conquest,  protesting  as 
I  do  affainst  all  usurpation  of  territory  eompre* 
headed  within  the  limits  recognised  before  the 
opening  of  the  campaign  of  your  Excelleney,  aid 
beyond  the  frontiers  of  the  kingdom  of  Bracil. 

Ood  preserve  your  Excellency  many  yeais. 
JUAN  MARTIN  PUETRRBDON. 

General  Faaoiaico  Lacoa. 


To  the  House  of  JUpreeentaHvei 

of  the  UnitedStatei: 
I  lay  before  the  House  of  Representatives  eopiee 
of  the  remainder  of  the  documenu  referred  toil 
the  Message  of  the  17th  of  last  month. 
DsoBMBBa  15, 1818. 

JAMES  MONROE. 

Report  of  Theodorick  Bland^  on  the  condition  qf 
South  Amertau 

BUBN08  AYRE8. 

BALTiMoaa,  November  2, 1818. 
Sia :  The  fair  prospecu  which  seemed  to  be 
openi  ng  upon  some  portions  of  the  people  of  South 
America ;  tbe  lively  sympathy  for  their  eaase 
felt  by  the  citizens  of  the  United  States ;  and 
the  deep  interests  of  our  eountry  in  the  fate  of 
those  provinces  where  colonial  rule  or  indepeft* 
dent  freedom  seem  to  have  been  put  at  issoe^  nod 
contested  with  all  the  energy  which  such  a  slake 
never  falls  to  excite,  justly  attracted  the  oioel 
serious  attention  of  the  Government.    In  wbal- 


Digitized  by 


Google 


2106 


APPENDIX. 


2106 


CondUion  of  Sottth  America, 


erer  disposition  of  mind  the  South  American 
contest  and  its  scenes  were  contemplated,  whe- 
ther with  feelings  of  benerolence,  and  the  best 
wishes,  or  with  regret,  and  under  a  sense  of  in- 
jury, the  first  thought,  that  which  appeared  most 
naturally  to  arise  in  tne  mind  of  every  one,  was 
the  want  of  information  as  to  the  actually  exist- 
ing state  of  things.  A  new  people  were  evident- 
ly making  every  possible  effort  against  their 
transatlantic  masters,  and  prepariog  themselves 
to  claim  a  recognition  in  the  society  of  the  na- 
tions of  the  earth.  In  this  strugsle,  each  con- 
tending party  endeavoriog  to  strike  his  antaj^o- 
nist  beyond  the  immediate  area  of  the  conflict, 
oar  commercial  rights  had  frequently  received  a 
blow,  and  oar  municipal  regulations  were  some- 
times violated.  New  and  fertile  regions,  rich  and 
extensive  channeb  of  commerce,  were  apparently 
about  to  be  opened  to  the  skill  and  enterprise  of 
the  people  of  the  United  States ;  as  to  all  which, 
their  feelings  and  their  interests  seemed  to  re- 
goire  to  be  gratified  with  farther  information. 
Under  these  considerations,  it  became  the  earnest 
wish,  and  was  deemed  the  right  and  the  duty  of 
oar  Qevernment  to  explain  the  views  it  had  in 
some  of  its  measares  i  by  timely  representations 
and  remonstrances,  to  prevent  the  further  injury 
whieh  oar  commercial  and  other  rtghu  were 
likely  to  susuin,  and  to  procure  correct  intelli- 
gence as  to  the  exbting  state  of  afiairs  in  those, 
parts  of  oor  continent  where  the  revolutionary 
movements  had  attracted  the  most  attention  and 
excited  the  sUongest  interest. 

For  this  purpose,  three  persons,  of  whom  I  had 
the  honor  to  be  one.  were  selected,  and  sent  in  a 
public  ship  to  SoutB  America ;  who  being,  among 
other  things,  directed  that  "  If,  while  in  the  exe- 
cution of  their  instructions  at  Buenos  Ayres,  they 
should  find  it  expedient  or  useful,  with  reference 
to  the  public  service,  that  one  or  more  of  them 
should  proceed  over  land  to  Chili,  they  were  au- 
thorized to  act  accordingly,"  They  did.  there- 
fore, at  Buenos  Ayres,  take  into  consideration 
the  expediency  and  utility  of  going  to  Chili,  and 
did  there  determine  that,  under  the  then  existing 
eirnomstances,  it  would  be  expedient  and  useful 
for  one  or  more  of  them  to  go  to  that  country. 
In  consequence  of  which  I  crossed  the  Andes; 
and,  having  returned,  it  now  becomes  my  duty  to 
oommanicate  a  statement  of  such  facts,  circum- 
sunces,  and  documenu,  as  1  have  been  able  to 
collect,  and  whieh  presented  themselves  as  most 
likely  to  be  of  importance,  or  in  any  manner 
useful  to  the  nation. 

When  I  contemplate  the  wide  ran^of  the  ex- 
pectations of  the  Qovernment,  as  indicated  by 
oar  instructions,  and  the  vast  extent  of  the  suIh 
jeet,  and  more  especially  when  I  meditate  on  the 
novelty  and  complicated  nature  of  the  scene  I  am 
oftUod  on  to  portray,  and  the  many  circumstances 
pocaliar  to  the  state  of  society  in  South  America, 
wbich  cast  a  shade  of  obscurity  over  its  aflSiirs, 
and  in  some  instances  have  absolutely  as  yet 
closed  the  avenues  of  information,  1  feel  mvself 
oader  the  necessity  of  asking  for  the  most  liberal 
i»dalgence  for  the  errors  I  may  have  fallen  into. 


as  well  from  the  difficulties  of  the  subject  itself 
as  from  my  own  want  of  ability  to  remove  them. 
We  sailed  in  the  United  States  frigate  the  Con- 
gress, from  Hampton  Roads,  on  the  4th  of  De- 
cember, 1817,  and  touched,  as  directed,  at  Rio 
Janeiro,  where  we  delivered  the  despatches  com- 
mitted to  our  charge  to  Mr.  Sumter,  the  Minis- 
ter of  the  United  States  resident  there.  After  a 
stay  of  a  few  days,  we  proceeded  thence  direct 
for  the  river  Plata,  which  we  ascended  in  the 
Congress  as  far  as  Montevideo.  Mr.  Graham  and 
myself  visited  that  city,  and  found  it,  with  the 
country  immediately  around,  to  the  extent  of 
about  three  miles,  in  the  actual  possession  of  a 
Portuguese  army  nnder  the  command  of  Gbneral 
Lecor.  We  were  treated  by  the  Qeneral  with 
politeness,  and  an  offer  was  made  b]^  him  of  per- 
mission to  procure  there  every  facility  we  might 
want  to  convey  us  thence  to  fiuenos  Ayres ;  and 
also  of  leave  to  obtain  for  the  ship  every  refresh- 
ment and  accommodation  she  might  want. 
Finding  that  it  would  be  impossible  for  the  Con- 
gress to  proceed  much  further  ap  the  river,  owing 
to  there  not  being  a  sufficient  depth  of  water  for 
her  over  a  bar  between  Montevideo  and  Buenos 
Ayres,  which  traverses  the  river  entirely,  and  on 
which  it  is  only  eighteen  feet  deep,  we  took 

Bissage  thence  in  a  small  vessel,  ana  landed  at 
uenos  Ayres  on  the  28ih  of  February  last. 
After  consulting  and  advising  together  as  to 
the  extent,  object,  and  manner  of  executing  oor 
instructions,  it  seemed  to  us  that  no  time  should 
be  lost  in  presenting  ourselves  to  the  Government 
or  chief  oonstituted  anthorities  of  the  place,  and 
in  making  known  to  them  all  those  subjects 
which  we  were  directed  to  present  to  their  view. 
In  arranging  those  points,  it  was  deemed  most 
proper,  in  the  first  place,  to  express  the  friendly 
and  neutral  disposition  of  our  (Government,  and 
to  place  in  a  fair  and  amicable  point  of  view  those 
measures  which  it  had  been  supposed  were  likely 
to  be  interesting,  or  materially  to  affect  the  feel- 
ings or  the  claims  of  the  people  of  the  river  Plata ; 
and  then  to  present  the  injuries  many  of  the  citi- 
zens of  the  United  States  had  sustained,  and  tbo 
infractions  of  their  laws  which  had  been  com- 
mitted by  armed  vessels  assuming  the  name  and 
character  of  patriots,  belonging  to  the  independent 
(Governments  of  South  America;  and  to  seek  the 
information  which  our  (Government  had  directed 
us  to  obtain,  and  which  it  hud  been  deemed  most 
advisable  to  procure  from  the  public  functionaries 
themselves  as  far  an  practicable. 

Accordingly,  after  ascertaining  the  names  and 
style  of  the  principal  personages  in  authority,  we 
called  on  his  honor  El  Sefior  Don  (Greyorio  Ta- 

Sle,  the  Secretary  of  State ;  and  having  made 
nown  to  him  who  we  were,  and  expressed  our 
wish  to  have  an  interview  with  the  Chief  Magis- 
trate of  the  country,  a  day  and  hour  was  ap- 
pointed for  the  purpose;  when  we  called,  and 
were  accordingly  introduced  by  the  Secretary  of 
State  to  his  excellency  Bl  Sefior  Don  Juan  Mar- 
tin de  Pueyrredon,  the  Supreme  Director  of  the 
United  Provinces  of  South  America.  After  the 
interchange  of  some  complimentary  expressions 


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2108 


QmiMm  €f  8o$ah  Amenta. 


of  politeiMss,  good  wisbet,  and  friendly  duposi- 
ttons,  we  made  known  to  tbe  Direetor,  in  gene- 
ral terms,  the  chmcter  of  special  agents,  in 
which  we  had  been  sent  by  oar  Gk>Ternment  to 
communicate  with  him,  and  that  our  commoni- 
tatioDs  iniffht  be  either  with  himself  or  his  sec«> 
reury*  The  Director  replied  that  they  would  be 
receired  in  a  spirit  of  brotherly  friendship,  and 
in  that  form  and  through  either  of  those  channels 
which  we  should  deem  most  convenient. 

In  a  short  time  after  our  introduction  to  the 
Director,  and  in  about  a  week  after  ouf  arriiml, 
we  waited  on  the  Secretary  of  State,  as  being 
the  most  formal  and  respectful  mode  of  making 
ear  communications  to  this  new  and  prorisioMH 
Nvoiutionary  Qorernment.  We  stated  to  the 
Secretary  that  our  Government  had  not  viewed 
tlM  etru^ie  now  pending  between  the  provinces 
of  South  America  and  Sjiain  merely  as  a  rebel- 
lion of  colonists  but  as  a  civil  war,  in  which  each 
party  wai  entitled  to  equal  rights  and  equal  re- 
spect; that  the  United  States  had,  therefore, 
atiUmed,  and  would  preserve  with  the  most  im* 
partial  and  the  strictest  good  faith,  a  neutral 
pooitioa ;  and  in  the  preservation  of  this  neutral- 
ilj,  according  to  the  established  rules  of  the  law 
Of  nations,  no  rights,  privileges,  or  advantages 
would  foe  graated  bv  our  Gtovemment  to  one  of 
the  coafteMing  parties,  which  would  not,  in  like 
namer,  be  extended  to  the  other.  The  Secre- 
tary expressed  his  approbation  of  this  course ; 
boc,  in  an  interview  subsequent  to  the  first,  when 
the  neutral  position  of  the  United  States  was 
acain  spoken  of,  he  intimated  a  hope  that  the 
Uaited  States  might  be  induced  to  depart  from 
ile  rigid  ueutralitv  in  favor  of  his  Qovemment  $ 
to  wnich  we  replied,  that  as  to  what  our  Gtov- 
ernmenc  might  be  induced  to  do,  or  what  would 
be  iu  future  policy  towards  tbe  patriots  of  South 
America,  we  could  not,  nor  were  we  authorized 
to  say  a&3rthing« 

We  stated  to  the  Secretary  that  certain  per- 
•CM  assuming  the  name,  character,  and  authority 
of  an  independent  Oovernment  in  some  partm 
iIm  Bioxican  portion  of  South  America,  had.  not 
long  since,  taken  possession  of  Amelia  Island, 
where  they  had  attempted,  with  the  name  of  the 
patriot  cause,  to  put  on  the  garb,  and  exercise 
tiM  rights  incident  to  national  independency; 
that  this  island,  so  seized,  lay  on  the  coast  of  the 
Atlantic,  and  immediately  adjoining  the  bound- 
ary of  the  United  States ;  that  the  persons  by 
whom  it  was  held,  under  the  name  of  the  patriot 
tatiiorityj  had  committed  numerous  violations 
and  piratical  depredations  on  the  commerce  of 
most  nations  found  in  that  neighborhood,  and 
more  especially  on  that  of  the  United  States. 
They  had  not  only  lawlessly  seized  our  vessels 
which  were  navij^adng  those  seas  rtgiitfnllv  and 
in  peace,  but  the  immediate  vicinity  of  the  island 
to  our  territory  had  enabled  them  to  commit  other 
outrages  on  oar  riffhts,  no  less  serious  and  inju- 
rious. It  was  used  by  a  nest  of  smugfflers  to  in- 
troduce their  merchandise  into  the  United  States 
without  paying  the  duties;  it  had  become  a  har- 
Mt  for  runaway  ^ves  from  the  neighborhood ; 


and  it  had  become  a  place  of  deposite  for  the 
most  infamous  of  all  traffic,  the  trade  in  cargoes 
of  slaves,  which  were  landed  there,  and  thrace 
illegally  introduced  into  the  adjoining  States,  in 
violation  of  the  most  positive  prohibition,  thus 
deluding  our  revenue,  depriving  our  citiirens  of 
their  property,  and  disturbing  our  peacie ;  that  the 
cruisers,  which  so  mischievously  prowled  the 
ocean  from  this  island,  not  being  at  all  scropuloos 
about  consistency  of  character,  had,  at  was  found 
most  convenient,  assumed  the  ia^  o{  Buenos 
Ayres^  or  that  of  the  other  patriot  Qovemments 
of  South  America ;  that,  notwithstanding  the 
notoriety  of  the  daring  violences  committed  hj 
this  band  of  adventurers  of  Amelia  Island,  it  a^ 
peered  that  Spain,  too  feeble,  or  otherwise  too 
much  occupied,  had  not  extended  its  authority 
over  it,  and  suppressed  what  could  not  but  be 
considered  as  an  expulsion  and  contempt  of  its 
jurisdiction.  We  further  stated,  on  this  subject, 
that  a  station  in  all  respects  similar,  and  as  per- 
nicious,  had  been  formed  at  a  place  called  Gal- 
veston, situated  near  the  mouth  oi  Trininr  river, 
and  immedtately  on  the  coast  of  the  Qnlf  or 
Mexico;  tluit,  under  these  circumstances,  the 
United  States  had  deemed  it  a  right  and  a  duty 
to  break  up,  and  entirely  to  remove  those  two 
eetablishments,  as  well  to  preserve  their  own  ki- 
terests  and  that  of  their  citizens,  as  their  peace 
with  other  nations ;  and  that  the  Oovernment  of 
Buenos  Ayres,  we  were  sure,  couM  not  hii  to 
see,  in  this  measure,  the  hi^ly  honorable  and 
amicable  disposition  of  the  UnitM  States  towards 
aU  foreign  nations,  and  more  especially  to  per- 
ceive the  happy  effect  which  it  would  have  on 
the  patriqt  name  and  cause,  by  preventing  it  from 
being  soiled  with  the  imputation  of  acts  wbicb 
the  really  honorable  patriot  Gbvernments  did  not 
deserve,  and  could  not  countenance.  We  stated, 
in  addition,  that  our  Government  would  take  and 
hold  possession  of  Amelia  Island,  in  order  to  pre- 
vent the  misuse  of  it  in  future,  subject  to  expla- 
nations to  be  given  to  Spain ;  and  that  Galveston 
would  be  uken  possession  of  and  held  as  a  part 
of  the  territory  of  the  United  States. 

To  which  the  Secretary  replied  that  tbe  Oov- 
ernment of  Buenos  Ayres  had  not  befbre  been 
informed  or  heard  of  the  abuses  committed  by 
those  who  had  taken  possession  of  Amelia  Island 
and  Chlveston ;  that  it  had  no  c<ftinexion  what- 
ever with  those  who  had  exercised  any  authority 
at  either  of  those  i^es ;  and  that  the  removal  of 
those  establishmenu  could  not  ibil  to  be  attended 
with  good  consequences  to  the  patriot  cause,  by 
preventing  any  improper  imputations  beiuff  east 
on  it;  and,  therefore,  nis  Government  could  cer- 
tainly only  see  in  that  measure  of  the  UniUMl 
States  the  manifestation  towards  it  of  the  most 
friendly  disposition.  We  stated  to  the  Secretary 
that  it  had  been  understood  that  many  nnprinet- 
pled  and  abandoned  persons,  who  had  obtained 
commissions  as  privateers  from  the  independent 
patriot  Government,  had  committed  great  depre^ 
dations  on  our  commerce,  and  had  evidently  got 
such  commissions  not  so  much  from  any  regard 
to  the  cause  of  independence  and  freedom  is  with 


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AI^BJNDIX. 


3U0 


Condition  of  South  Amsrica. 


•  Tiew  to  ploDdtr;  tod  that  we  entertaiaed  a 
hope  that  there  would  be  a  due  degree  of  ciroum- 
speotioD  exercised  bj  that  Gk>verDmeDt  in  grant- 
ing commissions  which,  in  their  nature,  were  so 
open  to  abuse. 

The  Secretary  replied  that  there  had  hitherto 
been  no  formal  complaint  made  against  any  of 
the  cruisers  of  Buenos  Ayres;  and,  if  any  cause 
of  complaint  should  exist,  his  Qovemment  would 
not  hesitate  to  a£fbrd  ptoper  redress  on  a  repre- 
aeniation  and  proof  of  the  injury;  (hat  the  Gor- 
emment  of  Buenos  Ayres  had  taken  erery  possi- 
ble precaution  in  its  power  in  such  cases ;  that  it 
had  established  and  promulgated  a  set  of  rules 
and  regulations  for  the  gorernment  of  its  privaie 
armed  Tesseis,  a  copy  of  which  should  be  fur<* 
Dished  us ;  and  that  it  had,  in  all  cases,  as  far  as 
practicable,  enjoined  and  enforced  a  strict  obserr- 
ance  of  those  regolatioaa  and  the  law  of  natioks. 

We  stated  to  the  Secretary  that  a  considerable 
portion  of  the  people  of  the  United  States  had 
manifesud  a  very  farorable  ditpeaition  towards 
the  patriot  cause  in  South  America  $  and  the 
OoTenunent,  also^  had  erery  disposition  to  treat 
the  pauiot  authorities  with  the  justice,  dignity, 
and  laTor  which  they  merited  |  that,  although  our 
Qayernaaent  hadj  for  the  present,  determined  on 
adhering  to  a  stuct  and  impartial  neutrality  be- 
tween the  contending  parties^  it  might  yet  deem 
it  politic  and  just  hereafter  to  adopt  other  meas- 
ures ;  and,  therefore^  with  a  riew  to  reffolate  its 
eondoct  and  policy  with  peifect  good  faith  and 
candor,  as  #ell  with  regard  to  its  neutrality  as 
with  regard  to  any  other  measures  it  might  deem 
advisable  to  take,  it  had  charged  us,  as  special 
agents,  to  seek  and  endearor  to  obtain,  in  this 
country,  such  inlbrmaiion  as  to  the  actual  state 
of  things  as  wouU  enable  it  to  act  with  correet- 
nesa,  precision,  and  understandinghr,  in  whatever 
course  it  may  hereafter  pursue.  That  the  infor- 
mation thns  to  be  obtained  might  be  of  a  char- 
acter deserving  the  highest  confidence,  we  had 
been  directed  to  ask  it  of  those  actually  in  au- 
thority, and  of  the  the«  existing  Government  of 
the  country.  We  observed  that  we  did  then,  in 
pwESuanoe  of  our  instructions,  ask  of  that  Gov- 
•rnment  to  furnish  us  with  a  statement,  or  full 
information,  as  to  the  actually  existing  state  of 
thinfs;  of  what  number  of  provinces  that  Gov- 
enment  was  composed }  the  form  of  iu  confed- 
eracy* and  the  constitution  by  which  they  were 
unitad;  the  population  in  each  province;  the 
principal  commodities  of  commerce,  the  imports 
and  exporu;  the  amount  of  its  revenue  derived 
from  foreign  commerce  as  well  as  from  iniefaal 
taxation ;  the  suength  of  its  regular  army,  and 
the  aumber  of  iu  militia ;  the  amount  of  iu  ton- 
uagOt  and  the  strength  and  number  of  iu  public 
and  private  vessels  of  war ;  and  what  were  iu 
relations  with  foreign  nations,  or  with  the  ad- 
loining  provinces;  or  had  the  Government  of 
Buenos  Ayres  formed  any  treaty  or  undersund- 
ing  with  any  foreign  nation,  or  with  anv  other  of 
the  provinces  of  South  America  who  had  actu- 
ally declared  themaeives  independent,  or  were 
then  in  a  sute  of  revolution  and  at  war  with 


Spain.  We  assured  the  Secretary  that  our  €k>v- 
emment  sought  for  this  information  from  an  ex- 
perience of  the  want  of  it,  and  in  a  spirit  of  the 
most  perfect  amity ;  that,  until  the  commence* 
ment  of  the  present  revolutionary  movemenu  in 
that  country,  it  had  been  so  comi»ratively  locked 
up  from  the  eye,  observation,  and  intercourse  of 
every  foreign  nation,  that  the  real  sute  of  things 
in  it  had  been  but  very  imperfectly,  and,  in  some 
respects,  was  whollv  unknown ;  that  the  friend* 
ship  so  openly  and  decidedly  expressed  by  a  eon- 
siderable  portion  of  the  people  of  the  Untied 
Sutes  would  furnish  conclusive  proof  of  the 
spirit  of  goodwill  in  which  this  information  was 
sought,  and,  in  itself,  was  a  guaranty  thai  their 
Government  wouM,  under  no  circumstaneee^  uat 
the  communications  that  might  be  made  for  im» 
proper  or  unfriendly  purposes  towards  the  peofle 
of  that  country.  But,  if  that  Govemmeat  sheold 
think  proper  to  note  any  commankationa  it 
should  make  as  private  and  coafidemial,  we 
pledged  ourselves  that  our  Government  would 
never  suffer  it  to  go  to  the  public ;  if,,  indeed^ 
there  ceuld  be  wanting  any  other  mora  solemn 
and  decided  manifesution  of  respect,  on  iu  part, 
than  the  very  act  itself  of  our  having  been  sest 
in  a  public  ship  of  war  to  have  thie  intereonrse 
with  them.  The  Secreury,  in  reply^  said  that 
his  Government  had  the  greatest  confideace  iu 
the  friendly  dispositions  of  that  of  the  United 
Sutes^  and  that  the  people  of  the  two  countriee 
were  friends  and  brothers,  felt  as  such,  and  would 
act  towards  each  other  as  brothers ;  that  the  in- 
formation sought  for  should  ceruinly  be  granted, 
and  that  orders  would  be  given  to  the  proper 
public  functionaries  to  collect,  digest  and  arrange 
It  in  the  moot  acceptable  and  intelligible  form ; 
that,  as  regarded  foreign  nations,  they  had  hith* 
erto  had  no  official  communication  with  any  of 
them;  and  that  their  relations  with  all,  except 
Spain,  were  those  of  mere  peace,  such  as  were 
obvious  to  the  world,  without  aov  treaty  or  atip« 
ulationof  any  kind  whatever;  that  from  some 
they  had  met  with  acU  of  injustice  and  hostility, 
but,  finding  themselves  so  much  occupied  with 
their  revolutionary  movemenu  as  to  be  unaUe  to 
resistor  resent,  they  had  therefore  borne  with 
wrong,  and  suffered  the  mere  relations  of  peftee 
to  continue. 

We  had  several  conversations  with  the  Secre* 
tary,  all  of  which  were  asked  for  by  us,  in  the 
course  of  which  the  matters  I  have  relaud  wern 
fully  and  in  various  forms  reiterated  and  ex- 
plained to  him ;  and  in  all,  from  the  first  to  the 
last,  the  request  for  information  was  repeated  iu 
terms  <Mf  similar  import,  and  at  each  inUrview 
the  promise  of  iu  being  soon  and  fully'  granted 
was  reaewed. 

As  the  promised  communication  was  not,  how- 
ever, made  before  I  took  leave  of  the  Director 
and  left  Buenos  Ayres,  I  shall  pcoceed  to  present 
such  information  relative  to  the  United  Prov- 
inces of  Sooth  America  as  I  have  been  able  to 
collect  from  thoee  sources  which  were  within  my 
reach,  and  that  appeared  to  deserve  confidence ; 
leaving  my  a tatemenu  to  be  correoied  by  the 


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APPENDIX. 


2112 


Omdiium  of  South  America. 


official  acceont  which  I  uodersund  has  been  far- 
Bished  by  the  Gk)?erDmeat  of  Buenos  Ayres, 
wh^re  they  materially  differ,  or  to  be  reyised  by 
any  other  standard  yen  may   think  proper  to 

The  new  Political  Union,  whose  Government 
we  fonnd  seated  on  the  shores  of  the  ri?er  Plata, 
which  once  styled  itself*^  The  United  Pro?inees 
of  the  river  Plata,"  and  which  now,  having  been 
aetaated  b]r  caprice,  or  by  more  correct  or  more 
enlarged  views,  assumes  the  name  of  ^  The  Uni- 
ted Provinces  of  South  America,'*  has  declared 
the  independence,  and  cUims  the  privilege  of 
self-government  for  all  the  people,  and  the  rights 
of  a  nation  over  all  the  territory  of  which  the 
kte  Spanish  viceroyalty  of  Boenos  Ayres  was 
composed  in  the  beginning  of  the  vear  1810.  It 
tiras  designates  the  boundaries  or  its  territorial 
efaiimt,  and  the  extent  of  the  jurisdiction  it  as- 
serts. It  will  be  proper,  therefore,  to  trace  out 
its  extreme  limits  as  the  country  relative  to 
which  our  inquiries  are  to  be  more  particularly 
difeelad. 

The  Spanish  viceroyalty  of  Buenos  Ayres  is 
situated  to  the  southward  of  the  Portuguese  do- 
■linione  of  Braxil,  and,  according  to  the  treaty  of 
St.  Udefonso,  of  1777,  the  following  boundary 
between  them  was  finally  adjusted :  Beffianing 
on  the  coast  of  the  Atlantic  at  a  place  called  In- 
vemada  de  Felix  Jos6,  a  little  to  the  south  of  the 
Bio  Ghrande  de  St.  Pedro;  thence,  in  a  north^iy 
direetion,  along  mountains  or  hi(|[hlands,  to  the 
Rio  Iquacu,  or  Caluetiba,  or  Coreitiba ;  thence, 
down  that  river,  to  the  Parana ;  thence,  up  that 
river,  to  the  lower  end  of  the  lUia  Grande  de 
Salto^  thence,  in  a  westerly  direction,  to  where 
the  Rio  Paraguay  is  intersected  by  the  tropic  of 
Capricorn ;  thence,  up  that  river,  to  the  mouth  of 
the  Rio  Latirequiqui,  near  the  root  of  the  Cor- 
dilleia  de  St.  Fernando ;  where,  taking  leave  of 
the  dominions  of  Brazil,  the  boundary  of  the 
viceroyalty,  excluding  the  Indian  territory  to  the 
north,  was  further  designated  by  a  line  directed ; 
thence,  nearly  west,  to  the  Sierras  Altisimas; 
thence,  along  the  confines  of  the  province  of 
Mix^ue  and  the  Altos  Intinuyo,  including  the 
province  of  La  Paz,  to  the  Cordilleras  of  the 
Andes  whieh  pass  to  the  westward  of  Oruro  and 
Paria,  to  the  Cordillera  Real;  thence,  south, 
alonff  the  most  elevated  summit  of  the  principal 
Cordillera  of  the  Andes,  until  it  is  intersected  by 
the  parallel  of  thirty-eight  and  a  half  degrees  of 
south  latitude;  thence,  due  east,  to  the  Atlantic; 
thence,  with  the  coast  of  the  ocean,  to  the  begin- 
ningi  at  Invernada  de  Felix  Jos6. 

To  the  sbttth  of  latitude  thirty-eight  degrees 
and  a  hdlf,  and  between  the  Andes  and  the  At- 
lantic, as  far  as  the  Straits  of  Magellan,  is,  at 
present,  entirely  in  possession  of  the  various  tribes 
of  Patagonian  savages,  over  whom  the  colonial 
Gbvernment  exercised  no  authority,  nor  asserted 
any  claim,  other  than  that  of  a  ri^ht  of  pre-emp- 
tion and  of  settlement  in  their  territory  against  all 
foreign  nations;  to  which  ri^hu  and  benefiu  the 
independent  (Government  claims  to  have  succeed- 
ed.   That  tract  of  country  which  now  forms  the 


diree  provinces  of  Mendoaa,  San  Juan,  and  Sc 
Liouis,  and  which,  under  the  Simnish  Gbveni- 
ment,  was  called  the  Province  of  Cuyo,  was  about 
half  a  century  ago,  attached  to  the  colonial  vice- 
royalty  of  Chili ;  since  that  time  it  has  continu- 
ally belonged  to  Buenos  Ayres.  And  the  prov- 
inceof  Arica,  which  covers  that  space  to  the 
westward  of  Potosi  and  Chicas  from  the  summit 
of  the  Andes  down  to  the  Pacific  Ocean,  was,  by 
a  royal  order,  about  the  year  1774  taken  from  the 
viceroyalty  of  Boenos  Ayres.  and  annexed  to  that 
of  Lower  Peru  or  Lima,  and  is  at  present  under 
that  jurisdiction. 

The  vast  elevated  plains,  a  great  part  of  which 
are,  in  the  rainy  eeason,  entirely  overflowed,  ly- 
ing to  the  north  of  Llanos  de  Manso  and  the  Sier- 
ras Altisimas,  that  are  traversed  by  the  piineipal 
brmnehes  of  the  Rio  Madeira,  which  winds  its 
wav  along  the  back  of  Brazil  into  the  Maraaoo, 
ana  that  are  abo  drained  of  their  waters  by  some 
of  the  branches  of  the  Paraguay,  and  which  are 
comprehended  under  the  three  colonial  divtsjone 
of  the  Cheqoitos.  the  Qovernment  of  Santa  Crax 
de  la  Sierra,  and  the  province  of  the  Moxos  de 
Musu,  like  the  mat  pampas  to  the  southward  of 
the  Rio  de  la  Plata,  seem  to  be  destined  to  tfer- 
nal  vacancy,  or  to  the  rearing  of  innumemble 
herdi^  and  to  be  inhabited  only  by  their  keepers. 
At  present  they  are  in  the  poesessioo  of  several 
tribes  of  Indians,  over  whom,  and  their  territoryi 
the  Gtovemment  of  the  viceroyalty  claimed  no 
other  right  or  jurisdiction  than  over  the  pampas 
of  the  south ;  which,  however,  the  Pktriot  Gov- 
ernment in  like  manner  asserts,  has  devolved  on 
it  by  the  revolution. 

To  the  westward  of  Paria  and  Oruro  lie  tlie 
provinces  or  jurisdiction  of  Carangas,  Pacajes  or 
berenguela,  and  to  the  north  of  Lt  Paz,  and  to 
the  west  of  the  Cordillera  de  Acama,  lie  the  prov- 
inces or  districts  of  Omasnyos,  Chucuyto  or  Pono, 
Lampa^  Asangaro,  and  some  others;  all  of  which 
are  said  by  Ulloa  to  be  within  the  audience  of 
Charcas,  the  scene  of  the  celebrated  rebellion  of 
Tupac  Amaru;  and  which  audience,  according 
to  Dean  Funes,  was  given  entire  to  the  viceroy- 
alty of  Buenos  Ayres  when  it  was  erected,  and 
it  is  so  laid  down.  But  I  have  excluded  ihtm 
provinces  by  the  general  outline  I  have  drawn  of 
the  viceroyalty,  because,  not  being  able  to  leant 
that  any  revolutionary  movements  had  been  oaade 
in  them,  I  wished  to  disencumber  the  subject  of 
our  survey  as  much  as  possible,  as  well  by  sepa- 
rating it  from  such  districts  as  from  Indian  ter- 
ritory. 

Such  are  then  the  outlines  of  this  Union,  or 
rather  prop<Med  Government,  and  asserted  eon- 
federation,  embracing  an  extent  of  territory  mueh 
more  prodigious  than  has  ever  been  yet  known  to 
be  comprehended  under  one  and  the  same  volan- 
tary  association.  Excluding  the  great  triangular 
spaceof  Indian  territory,of  upwardsof  two  hundred 
thousand  square  miles  in  extent,  called  the  Llaooa 
de  Manso,  lying  between  the  province  of  Paraguar 
and  the  mountains,  and  excluding  also  the  Ikigh 
plains  to  the  north  and  the  pampas  to  the  soath. 
we  shall  find  a  mixed  and  civilised  population  ot 


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llU 


GmdiHon  of  South  America. 


one  million  and  eigiitf  thousand  souls  scattered 
OTer  a  space  of  about  seven  hundred  and  sixty- 
three  thousand  square  miles,  from  one  extremity 
of  it  to  the  other.  The  thirteen  United  States  of 
North  America,  within  the  boundary  designated 
bv  the  treaty  of  1783,  comprehended  a  territory 
of  about  eight  hundred  and  thirty-one  thousand 
square  miles.  They  erected  almost  all,  and  some 
of  the  best  of  their  political  institutions  in  the 
severest  season  of  the  reroiutionary  struggle^  in  a 
''  time  that  tried  men's  souls."  They  ranouished 
4heir  enemy,  and  accomplished  the  final  estab- 
lishment of  tneir  independence  and  freedom,  with 
a  population  of  about  three  millions,  seated  be- 
tween the  seashore  and  the  mountains,  on  a  tract 
of  country  of  not  more  than  two  hundred  and 
fiAy  thousand  square  miles;  their  population 
was  composed  almost  exclusiyely  of  agricuhnr- 
ista,  Ytrj  thinly  scattered,  as  was  said  of  them, 
orer  an  immense  forest.  The  difficulties  which 
the  invader  had  to  encounter,  the  ease  with  which 
hia  blows  were  parried  or  eluded,  and  the  forti- 
tude with  which  he  was  met,  and  the  deadly 
skill  with  which  he  was  struck,  it  has  been  often 
said,  were  owing  to  various  peculiar  circum- 
stanees — to  the  nature  of  the  country,  its  water* 
courses,  forests,  mountains,  and  fostnesses ;  to  the 
habits,  manners,  and  customs^  of  the  peoi>le,  aris- 
iBg  out  of  their  political  institutions,  their  situa- 
tion, and  their  necessities.  Each,  no  doubt,  had 
some  effect;  and,  in  the  natural  order  of  events, 
tended  to  the  same  great  end,  the  accomplish- 
ment of  OUT  independence  and  freedom. 

A  revolutionary  struggle  not  materially  dissim- 
ilar to  that  which  so  much  excited  the  interest 
and  feelings  of  the  civilized  world,  as  exhibited 
<m  the  northern  coasts  of  the  Atlantic,  is  now 
making  some  of  its  most  active  efforts  on  the 
shores  of  La  Plata,  and  within  the  extensive  lim* 
its  I  have  designated.  The  people  of  the  United 
Sutes,  who  sympathize  warmljr  with  this  new 
contest,  will  take  sreat  interest  m  drawing  out  a 
comparison  of  difficult  situations,  and  deducing 
inferences  from  trying  circumstances  analogous 
to  those  with  which  they  or  their  fathers  formerly 
contended ;  and,  to  enable  their  Government  to 
net  understandingly,  and  to  bestow  their  friend- 
ship  in  a  manner  worthy  of  its  dignity  and  value, 
it  will  be  necessary  to  look  over  and  examine  this 
sewly-asserted  Union  5  to  survey  the  locality  of 
the  several  parts  of  which  it  is  composed,  and  to 
estimate  the  numbers  and  powers  of  each ;  to 
measure  the  spaces  between  them,  that  we  may 
form  some  opinion  as  to  how  and  when  they  may 
be  filled ;  to  see  how  each  has  been,  and  how  it 
in  now  governed ;  and  to  inspect  the  bonds  which 
bold  them  together,  and  the  repulsive  principles 
which  have  driven  some  of  them  asunder.  It  will 
be  proper  that  these  things  should  be  done,  that 
we  may  understand  how  much  it  is  to  be  attrib- 
uted to  nature,  and  how  much  to  accident ;  how 
fiir  the  revolution  has  been  nromoted  by  the  vir- 
tues and  patriotic  wishes  or  the  people,  and  how 
ttuch  retarded  by  designing  and  ambitious  mill- 
tarv  leaders ;  what  is  to  be  feared,  and  what  to 
be  noped,  from  the  future. 

15th  CoH.  1ft  Smb.— 67 


The  viceroyalty  of  Buenos  Ayres,  like  airothers 
of  the  Spanish  possessions  in  America,  was  la!fi 
out  into  civil  and  ecclesiastical  divisions,  which 
grew  up  under  peculiar  circumstances,  were  from 
time  to  time  altered,  and  often  cast  from  the  ju- 
risdiction of  one  viceroy  or  governor  under  that 
of  anotheri  according  to  the  increase  or  change 
of  population,  as  convenience  suggested,  or  to 
ffratifv  the  caprice  or  cupidity  of  the  regal  rulers. 
And,  besides,  the  very  nature  of  the  colonial  Gov- 
ernment itself  was  but  illy  calculated  to  define 
and  preserve,  with  anv  tolerable  decree  of  dis- 
tinctness, the  territorial  boundaries  of  the  several 
audiences,  provinces,  bishoprics,  jurisdictions,  in-  * 
tendencies,  presidios,  and  governments,  into  which 
the  viceroyalty  was  divided.  I  have,  therefore, 
put  together  all  I  have  been  able  to  collect  from 
books  and  some  intelligent  persons ;  and,  with 
what  I  saw,  and  by  the  help  or  the  largest  and  best 
map  extant  of  the  country,  corrected  down  to  the 
year  1807, 1  shall  describe  and  give  the  name  of 
province  to  each  of  these  cities  or  districts  which 
appear  to  be  politically  distinct,  by  having  been 
at  any  time  so  treated,  or  being  now,  or  at  any 
time  heretofore,  separately  represented  in  the 
body  called  the  Sovereign  Congress  of  the  Union. 

I  propose  first  to  direct  your  attention  to  the 
provinces  successively,  that  we  may  note  the 
geographical  situation,  extent,  and  population  of 
them  severally,  and  the  relation  which  each  one 
has,  by  representation  or  otherwise,  with  the  con- 
federacv — recollecting  that  the  ratio  of  represen- 
tation, nxed  by  the  existing  government  or  regla^ 
mento  pravieoriOf  is  one  representative  for  every 
fifteen  thousand  citizens. 

The  province  of  Buenos  Ayres,  situated  in  the 
southeastern  corner  of  the  Union,  is  bounded  by 
the  Rio  de  la  Plata ;  by  the  ocean  to  the  sooth- 
ward  of  that  river ;  by  the  territory  of  the  Patii- 
gonian  Indians  as  far  as  about  the  sixty-first  de- 
gree of  west  longitude ;  thence  by  a  line  north  to 


the  Aroyodel  Medio;  thence,  by  that  watercourse, 
to  the  raraffuay ;  and  thence,  by  that  river,  to  the 
Rio  de  la  Plata.    This  is  by  much  the  most  pop- 


ulous of  the  provinces  below  the  mountains,  it 
codtains,  according  to  the  last  census,  ninety- 
eight  thousand  one  hundred  and  five  souls,  which 
is  said  to  be  exclusive  of  troops  and  transient 
persons :  but,  including  those,  it  is  said  to  amount 
to  one  hundred  and  five  thousand  persons  of  all 
description.  The  army,  quartered  in  Buenos 
Ayres,  is  said  to  amount  to  two  thousand  five 
hundred  men ;  if  so,  then  it  follows  that,  exclu- 
sive of  citizens  and  soldiers,  this  province  contains 
a  population  of  more  than  four  thousand  resident 
foreigners  and  others.  According  to  the  same 
census,  there  are  within  the  same  city  and  sub- 
urbs of  Buenos  Ayres  forty-seven  thousand  one 
hundred  and  eighty-four  souls,  exclusive  of  troops 
and  transient  persons.  The  principal  towns  or 
villages  are  Bnsenada,  St.  Isidro,  and  Las  Con- 
chas, on  the  river  Plata,  and  Luxan  in  the  plain. 
There  are,  besides  these,  some  lesser  groups  of 
population,  the  rest  of  which  is  seattereo  over  the 
plains  of  this  pampa  province,  that  may  be  esti- 
mated as  containing  fifty  thousand  square  miles. 


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APPBZHDIX. 

Condition  of  South  America. 


2iU 


Ja  the  city  of  Buenos  Ayres  is  situated  the  strong 
fort,  within  which  is  the  palace,  where  the  former 
Yice-kiDg  dwelt,  and  whioh  is  now  occupied  as 
the  residence  of  the  Supreme  Director.  This  city 
was  formerly  the  capital  and  seat  of  the  coloniu 
Government,  and  therefore,  and  for  that  reason, 
asserts  and  maintains  that  it  is  of  right,  and  ought 
now  to  be,  the  capital  and  seat  of  the  independent 
Government ;  and  the  Government  is  now  seated 
there  accordingly.  This  province  is  represented 
in  the  existing  Congress  by  seven  representatives, 
which  is  its  full  quota  according  to  its  population. 
The  province  called  Montevideo  under  the 
•  royal  Government,  but  which,  since  the  revolu- 
tion, has  acquired  the  appellation  and  is  most 
frequently  designated  by  the  name  of  the  Banda 
OnentaL  with  relation  to  the  river  Uruguay, 
which  forms  its  entire  western  boundary,  anid 
from  iu  Ivin^  whoUj  to  the  eastward  of  it ;  this 
province  lies  immediately  op|>o8ite  to  that  of  Bue- 
nos A^res,  and  is  situated  in  the  northeastern 
extremity  of  the  Union;  it  is  bounded  by  the 
ocean  on  the  east,  by  tl^e  Rio  de  la  Plata  on  the 
south,  by  the  river  Uruguay  on  the  west  and  by 
the  Portugese  dominions  of  Brazil  on  the  north. 
Its  present  population  is  said  to  amount  to  about 
forty-five  thousand  inhabitants,  who  have  for 
their  chief  leader  and  Governor,  General  Jos^ 
Arti|;as.  The  city  of  San  Felipe,  or  Montevideo, 
as  it  is  more  Usually  called,  from  an  elevated  hill 
or  look-out  i)lace  opposite  to  the  point  of  land  on 
which  the  city  stands,  contains  at  present,  after 
the  waste,  devastation,  and  destruction  of  the 
English,  Spaniards,  and  Portuguese  in  succession, 
a  population  of  about  ten  thousand  souls.  Mal- 
donado  is  another  of  its  towns,  situated  on  the 
Rio  de  la  Plata,  near  the  seacoast ;  it  contains 
about  two  thousand  inhabitants.  The  capital,  or 
present  seat  of  GovernnMnt,  is  held  at  a  place 
called  Purification,  formerly  Capilla  Nueva;  it 
is  a  town  which  contains  between  three  and  four 
thousand  inhabitants.  This  province,  with  some 
unsettled  Indian  territory,  embraces  about  eighty- 
six  thousand  square  miles.  It  has  no  representa- 
tive in  Congress,  and  refuses  to  be  represented 
in  that  body  under  the  present  political  system; 
and  is  now  at  open  war  with  Buenos  Ayres. 

The  province  of  Santa  Fe,  within  which  may 
be  included  what  was  called,  under  the  colonial 
Government,  the  jurisdiction  of  Corrientes,  lies 
immediately  adjoining  and  west  of  the  Banda 
Oriental  and  Buenos  Ayres.  It  extends  in  a  nar- 
row slip  entirely  across  the  Union,  from  the  Pat« 
agonian  territory  on  the  south,  to  the  dominions 
of  Brazil  on  the  north.  It  is  sometimes  called 
the  Entre  Rios,  from  the  greater  portion  o(  it 
lying  between  the  rivers  Uruguay  and  Parana* 
That  part  of  the  province  which  extends  over 
the  pampa  south  of  the  Paraguay  is  bounded  on 
the  west  by  a  line  drawn  nearly  south  from  that 
river,  above  the  city  of  Santa  Fe,  passing  the  east- 
ernmost point  of  the  Lagunas  Salados  de  los  Por- 
ongos,  leaving  the  village  of  Frayle  Muerto  on 
the  Rio  Tiercero  to  the  west,  unto  the  land  of  the 
Patagoniansj  thence  east  to  the  province  of  Bue- 
nos Ayres.    This  province  of  Santa  Fe  or  En^re 


Rios,  exclusive  of  the  Goarana  iribes  of  IndiMif 
dwelling  above  Corrientes,  and  the  Charmaa, 
seated  l^low  the  city  of  Santa  F^  contains  a  civ- 
ilized population  of  about  twenty-five  thousand 
souls.  The  city  of  Santa  Fcl  its  capital,  whick 
is  pleasantly  and  conveniently  situated  on  the 
right  bank  of  the  Paraguay,  is  said  to  eonialn  a 
population  of  not  much  more  than  six  thouaand 
inhabitants ;  and  the  city  of  Corrientes,  farther 
up  the  river,  is  about  the  same  size.  This  long, 
narrow,  province  comprehends,  including  tha 
territory  of  its  Indians,  about  one  hundred  and 
four  thousand  five  hundred  square  miles.  In  Che 
year  1814,  and  prior  to  that  period,  it  bad  one 
representative  in  the  Congress  of  the  Union ;  it 
now  has  none,  and  is  in  alfianoe  with  the  Banda 
Oriental,  and  at  war  with  Buenos  Ayres. 

The  province  of  Cordova  is  composed  nearly 
of  that  which  was  formerly  the  colonial  jurisdi^ 
tion  of  Cordova.  It  is  bounded  by  the  territory 
of  Santa  Fe  and  the  Rio  Salado  on  tiie  east ;  by 
the  Patagonian  boundary  over  the  pampas  on  the 
south ;  thence,  on  the  west,  by  the  line  to  the 
Sierra  Comicni^eles,  and  along  that  ridge  to  in 
northern  extremity ;  thence  in  a  northeast  direo- 
tion,  including  the  town  of  Tamisqui,on  the  EUo 
Oulce ;  and  tnenoe  across  the  Rio  Salado.  Ita 
capital,  the  city  of  Cordova^  is  a  neat  town,  de* 
liffhtfully  situated  on  the  Rio  Primero,  and  con- 
tains about  ten  thousand  inhabitants*  The  pop- 
ulation of  the  whole  province  is  estimated  at 
seventy-five  thousand  souls;  and  it  measoraa 
about  one  hundred  and  five  thousand  square  ailee 
in  extent.  It  has,  therefore,  gone  astraj  from  the 
Union;  but  it  has  been  brought  back  into  the 
fold  of  the  confederation  by  the  bayonets  of  Bu- 
enos Ayres.  It  is  reckoned  a  godo  or  tory  province. 
It  has  now  only  three  representatives  in  the  exist- 
ing Congress,  although  its  full  quota  is  five ;  be- 
cause, as  it  is  said,  it  does  not  choose  to  defray  the 
expense  of  a  greiuer  number. 

The  province  of  Punta  San  Luis  has  been 
carved  out  of  the  easteriv  portion  of  the  r^ai 
province  of  Cuyo.  It  is  bounded  on  the  east  bf 
the  territory  or  Cordova;  on  the  south  bv  the 
Patagonia  pampas;  on  the  west  by  the  Rio  MAf- 
alac,  Leuvu,  and  the  Desaguedero,  to  the  Laguin 
Grande;  thence,  on  the  north,  by  a  line  drawn  in 
an  easterly  direction  to  the  connnes  of  Cocdova. 
The  province  contains  a  popufaition  of  not  ouieh 
more  than  ten  thousand  souls.  Its  chief  town, 
and  seat  of  Government,  is  San  I»uis  de  la  Ponia, 
or  the  point  of  St.  Lewis,  from  its  being  situated 
at  the  out-end  of  one  of  the  ridges  of  the  moun- 
tains of  Cordova.  The  town  contains  about  two 
thousand  inhabitants,  and  is  agreeably  situated  in 
a  well-watered  valley.  Fcom  this  place,  the  poet 
road  from  Buenos  Ayres  to  Mendoza  pastes  over 
the  Travesia,  the  most  dreary  region  I  ever  eaW| 
six(y  miles  in  breadth,  where  there  is  not*  single 
human  habitation,  nor  one  drop  of  fresh  water  to 
be  had.  The  town  of  San  Luis  is  made  4Mie  ef 
the  principal  places  of  confinement  for  the  prison* 
ers  of  war  captured  in  Chili  and  on  the  fnAtien 
of  Perm  This  province  is  the  poorest  and  hm$ 
been  always  the  most  faithful  to  the  Union,    It 


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APIWII^IX. 


MU 


C^wKflon  itf  S^HiM  iffiUficfl* 


cmituns  about  forty  tho|U9fU)d  square  mi|eB  in  ex- 
tent. Ooe  representatiTe  is  now  and  iiaa  alva^Fs 
beeu  received  from  it.  althougli  its  population  is 
below  the  f  i?en  ratio.  The  present  Sapreme  Di- 
rector was  its  representative  when  he  was  elevated 
to  \ht  station  he  now  holds. 

To  the  westward  of  the  province  of  San  Luis, 
stretching  alone  the  great  Cordillera  which  sepa- 
rates it  from  Chili,  as  far  south  as  the  Rio  Blaneo, 
lies  the  province  of  Mendoza.  This  province  i» 
another,  and  the  laigest  of  those  which  have  been 
formed  out  of  the  colonial  one  of  Cuyo.  Its  whole 
population  is  calculated  at  thirty-eight  thousand 
innabitants ;  of  which,  about  twenty-one  thousand 
are  found  in  the  capital  and  its  euhurbs,  the  town 
of  Mendoza,  which  is  very  advantageously  situated 
on  one  of  the  bran^ties  of  the  Tunuyan,  imnedi- 
ntely  at  the  eastern  foot  of  the  Andes.  Mendepa 
bas  a  beautiful  public  walk,  and  has  been  much 
improved  of  late  years.  The  province  has  al- 
ways been  zealous  and  heartjr  in  the  cause  of  in- 
dependence and  liberty.  It  is  of  nght  entitled  to 
jtwo  representatives ;  but  it  at  present  has  only  one 
member  in  the  existing  Congress.  It  contains,  of 
fitains  and  mountainous  territory,  about  thirty- 
eight  thousand  square  miles. 

To  the  north  of  Mendoza,  lying  along  the 
ern  foot  of  the  Andes,  and  extending  as  far  north 
as  the  ridge  which  separates  the  waters  of  the 
Rio  Magana  frooi  those  of  the  Rio  Famatina,  is 
chat  fine  territory,  bounded  on  the  east  by  Cor^ 
dova,  formerly  called  the  valley,  now  the  prov- 
ince of  San  Juan.  This  includes  the  residue  of 
what  was  formerly  comprehended  under  the  name 
of  Cuyo.  It  embraces  a  uact  of  about  thirty-six 
thousand  square  miles,  and  contains  a  population 
of  thirty-four  thousand  souls;  about  nineteen 
thousand  of  which  <tre  seated  in  its  capital,  8an 
Juan  de  la  Frontera.  The  patriotic  puUk  spirit 
of  San  Juan  has  never  been  questioned ;  and  yet 
it  has  no  mora  than  one  representative  in  the  j^ro- 
sent  Congress,  when,  according  to  its  population, 
it  should  have  two. 

Still  further  north  is  that  (feasant  vaUey  now 
called  the  province  Rioja,  towards  whose  bound- 
aries we  are  directed  by  the  Rio  Anuualasta,  by 
which  it  IS  watered  and  rendered  fruitful,  and 
which,  after  lifting  iu  arms  in  various  directions 
among  the  surrounding  monntains  that  dNigoate 
the  confines  of  the  province,  terminates  and  sub- 
sides in  a  lake  to  the  southward  of  Simbolan*  Its 
whole  suriace  may  be  estioiated  at  twenty^two 
thousand  four  hundred  square  miles.  The  popu- 
lation of  this  province  amounta  to  twenty  thous- 
and souls,  and  its  capital  town  is  Todos  Santos 
de  Rioja  la  Nueva.  nioja  has  always  been  at- 
tached to  the  Union.  It  has  at  present  one  np- 
resentative  in  Congress,  and  is  entitled  to  no 
more. 

Tumiag  immediatelf  to  the  east,  and  adjoin- 
inZ(  we  find  the  delightful  valley  of  Catamarea, 
which  now,  with  that  of  Conando,  next  to  it  on 
the^north,  forms  the  province  of  Catamarea.  The 
adjacent  ridges  formn|[reat  rampart  all  round 
these  two  vaUeys,  and  are  the  aeknowledged,and 
natural  limits  of  the  province.  It  contains  a  pop- 


ulation of  thirtv-six  thousand  souls,  and  its  chief 
city  and  seat  or  Government  is  Catamarca.  ita 
extent  of  territory  does  not  exceed  eleven  thous- 
and two  hundred  square  miles.  Catamarca,  be- 
sides other  efibru  in  the  cause,  has  manifested  its 
sincere  devotion  to  independence  and  freedom, 
by  furnishing  from  iuelf  alone  nearly  six  thous- 
and men  to  the  patriot  army.  It  has  now.  how- 
ever, no  more  than  one  representative,  although 
its  population  entitles  it  to  two. 

Directly  to  the  east  of  the  valley  of  CatamMoa 
lies  the  province  of  Santiago,  formerly  the  colo- 
nial jurisdiction  of  Santiago  del  fisteto.  it  is 
bounded  on  the  south  by  ti^  territory  of  Coido- 
va ;  on  the  north  by  a  line  mnniaff  in  a  north- 
easterly direction  from  the  head  of  the  Hondo  to 
the  LMuna  de  Moderns,  and  by  the  Indian  teavi- 
tory  or  the  Qreat  Llanos  de  Manao  on  the  east. 
This  proviAce  embraces  n  teititoty  of  forty  thous- 
and square  miles  in  extent,  and  has  a  p^ulatimi 
of  forty*fottr  thousand  souls.  Its  ohief  city andaant 
of  Oovarnment  is  Saa^a«>  del  £staro,  sitoatad 
on  the  banks  of  the  RioDulce,  in  which  there  ane 
about  ten  or  fifteen  thooaand  inhabitanta.  San- 
tiago has  wavered  in  iu  attachment  to  the  Union, 
but  haa  never  been  wanting  in  bravely  defending 
the  cause.  Its  popolatiosi  rightly  entitles  it  to 
three  representatives  in  Cmigcsas,  it  has,  how- 
ever, at  present  only  one. 

Along  the  whole  northern  frontier  of  6antta§aj 
and  of  the  valley  of  Conando,  lies  the  proTinee 
of  Tuciman,  formerly  the  royal  junadietion  of 
St.  Miguel  de  Tucuman.  It  is  bounded  on  the 
east  by  the  mountains  of  the  Yuaaes;  on  the 
north  by  a  line  extended  from  that  ridge  wester- 
Iv  to  the  confluence  of  the  Tela  and  the  Sakdo; 
thence,  to  the  source  of  the  Tala ;  thence,  aiottg 
the  ridges  which  include  the  vaUey  of  Palicipa, 
to  the  gfeat  Cordillera;  thence,  along  the  Andes, 
to  the  Kio  de  Betlea ;  thenee,  to  the  confines  of 
the  valley  of  Conando.  The  population  of  this 
province  amounts  to  fortv-five  thousand  soub; 
Its  chief  city  and  seat  of  Gfovernment  ia  Sam  Mi- 
guel de  Tneuman,  situated  on  the  Rio  de  San 
Miguel,  which  unites  with  the  Rio  Dulee  not  fiu 
below  the  city.  The  province  comprehenda  about 
an  extent  of  fifty  thousand  square  miles  of  terri- 
tory ;  it  has  been  Mnerally  attached  to  the  Uniaa 
ana  the  cause.  It  was  oaea  honored  with  ti^ 
presence  of  Congrcas,  in  which  body  it  has  two 
representatives,  althQiigh  it  is  entitled  to  thrae^ . 

Rising  from  the  unbroken  pkias,  and  proceed- 
ing still  farther  to  the  northward,  we  next  enter 
the  province  of  Salu^  lying  in  level  spanes  among 
the  elevated  spuiaof  the  Andes.  It  is  bounded 
on  theenst  by  the  Rio  yernieio;on  the  north  hjf 
the  Rio  Grande,  to  tha  cenAuenoe  of  the  Aqm- 
lotesandSiancas;  thence,  to  the  souceeof  the 
Rio  Perico;  thente,  including  the  valley  of  Cal- 
chaqui,  which  forms  its  western  boundary.  This 
province  contains  fifty  thousand  inhabitants,  and 
an  extent  of  forty-one  thousand  square  mike  of 
territory,  lu  chief  city  is  San  Fehpe  el  Real  de 
Salta.  Salta  has  been  aeeused.of  wavering  in 
its  attachment  to  the  Union  and  the  aause^  but  it 
has  been  very  much  the  seat  of  war.    It  is 


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APPENDIX. 


2120 


Qmdiiion  of  South  America, 


said  to  be  a  firm  member  of  the  Confederation, 
and  it  is  made  the  headquarters  of  the  patriot 
army  of  Peru,  under  General  Belgrano.  Although 
it  ought  to  have  three  representatives,  according 
to  its  population,  it  has  now  no  more  than  one 
member  in  the  Congress. 

Ascending  still  in  a  northerly  direction,  we  next 
enter  the  province  of  Jujuy,  stretchinff  along  the 
whole  northern  frontier  of  Salta,  and  extending 
westward  to  the  ridges  in  which  are  found  the 
sources  of  the  Rio  de  San  Salvador ;  thence,  with 
its  summits  as  far  north  as  the  ridge  whicn  sur- 
rounds St.  Bernardo,  and  along  the  mountains  of 
Tacsora ;  thence,  descending  by  the  eastern  branch 
of  the  Rio  Tarija,  to  the  territory  of  Salta,  em- 
bracing a  mountainous  tract  of  thirty  thousand 
square  miles.  The  population  of  Jujuy  amounts 
to  twenty-five  thousand  inhabitants.  Its  chief 
citj  is  San  Salvador  de  Jujuy,  situated  on  the 
Rto  Gkande  de  Jujuy,  or  de  Aquilotes.  It  has 
one  member  in  the  present  Congress,  which  is 
its  full  quota  of  representation.  The  whole,  or 
the  greater  part  of  this  province,  is  said  to  be  at 
this  time  occupied  by  the  enemy. 

Taming  to  the  west,  and  crossing  the  moun- 
tains, is  found  the  province  of  Chicas,  extending 
along  the  brow  of  the  great  Cordillera  of  the 
Andes,  which  separates  it  from  the  desert  district 
of  Atacama,  and  north  of  the  province  of  Tncu- 
Bian,  as  far  as  the  source  of  Pilcomayo ;  thence, 
descending  that  stream,  and  passing  the  ruins  of 
ancient  Tarija,  and  ascending  the  Rio  Toxo  un- 
til it  intersects  the  Cbica  mountains,  it  forms 
what  is  called  the  province  of  Chicas,  extending 
over  a  space  of  twenty-six  thousand  four  hundred 
square  miles,  and  which  has  a  population  of  ten 
thousand  souls.  Its  chief  town  is  the  city  of  Tu- 
piza,  distant  one  hundred  and  eighty  miles  from 
the  city  of  Potosi;  besides  which,  it  contains  the 
cit)r  of  Catagayta,  on  the  river  of  the  same  name, 
which  pours  itself  into  the  San  Juan  below  the 
town  and  great  pass  of  Suipaca,  which,  together, 
unite  soon  after  with  the  Pilcomayo.  This  prov- 
ince sends  one  representative  to  Congress,  to 
which  it  is  entitled,  and  bo  more.  It  is,  at  pres- 
ent, under  the  royal  Government. 

To  the  north^  and  adjoining  Chicas,  lies  the 
far-famed  Potosi.  The  valleys  of  Porco,  Pas- 
pay  o,  and  Yamparaes,  compose  the  present  prov- 
ince of  Potosi ;  and  the  circumjacent  ridges  of 
mountains,  which  overlook  those  valleys,  form 
its  lofty  barrier  and  boundary,  which  embraces 
ao  extent  of  territory  not  exceeding  twelve  thous- 
and square  miles.  This  province  contains  a  pop- 
ulation of  one  hundred  and  twelve  thooiand  in- 
habiUDts,  thirty  thousand  of  which  are  seated  in 
the  city  of  Potosi  itself;  and  the  city  of  La  Plata, 
or  Choquisca,  is  said  to  be  no  less  •  populous. 
This  province  was  attached  but  a  short  time  to 
the  Union.  According  to  some  accounts  there 
were  four  representatives  in  Congress,  which  as- 
sembled at  Tucuman  in  the  year  1816.  Its  pop- 
ulation would  entitle  it  to  seven  members,  but,  at 
this  time)  it  is  not  represented  in  Congress  at  all ; 
and  has  been,  for  some  years  past,  entirely  under 
ihe  royal  authority. 


To  the  eastward  of  Potosi,  and  between  the 
Rio  Condorillo,  which  divides  it  from  Cocha- 
bamba  and  the  mountains,  or  Altos  de  la  Intina- 
yo,  is  the  province  of  Mizque,  which  is  composed 
of  the  valleys  of  Pomabamba,  Tomina,  and 
Mizque.  It  contains  a  population  of  fifteen  thou- 
sand souls,  and  is  nine  thousand  square  miles  ia 
extent.  Its  chief  city  is  Pomabamba.  The  pop- 
ulation of  this  remote  province  exactly  entitles 
it  to  one  representative,  which  it  has  sent,  al- 
though it  is  now  subject  to  the  colonial  Govern- 
ment. 

Directly  to  the  west  of  Mizque,  and  north  of 
Potosi,  lie  the  valleys  of  Charcas,  or  Chayanta^ 
and  Oruro,  extending  to  the  principal  elevation 
of  the  Andes,  which  compose  the  province  of 
Charcas,  that  measures  only  five  thousand  square 
miles,  and  contains  a  population  of  one  hundred 
and  twenty  thousand  inhabitants;  thirty  thousand 
of  whom  are  found  in  the  city  of  Charcas,  or 
Chayanta,  which  is  its  capital.  This  province  is 
now,  and  has  been  for  some  time  past,  under  the 
government  of  the  mother  country.  But,  like 
some  others^  as  we  have  seen,  from  illiberality, 
policy,  or  intrigue,  it  has  placed  or  continued 
three  members  in  the  present  Coneress,  and  yet, 
to  be  fully  represented,  Charcas  ought  to  have  ten 
representatives. 

To  the  north  of  Charcas  lies  the  small  but  pro- 
digiously fertile  territory  formerly  called  the  val- 
ley, now  the  province  of  Cochabamba,  at  the  head 
of  the  Rio  Grande  de  la  Plau,  or  Goapahi,  which 
pours  its  waters  into  the  Great  Maranon.  This 
province  contains  a  population  of  one  hundred 
thousand  souls,  the  capital  of  which  is  the  city  of 
Oropesa.  and  yet  its  extent  does  not  exceed  three 
thousand  four  hundred  square  miles.  Cocha- 
bamba, according  to  its  population,  ought  to  have 
seven  representatives.  As  beiuff  now.  and  having 
been  for  some  time  past,  entirely  nnaer  the  royal 
Government,  it  ought  not  to  be  represented  at  aii; 
yet,  according  to  some  notions,  or  vicwa^  or  cir- 
cumstances, which  I  do  not  understand,  it  has 
one  member  in  the  present  Conmss. 

Crossing  the  ridge  of  mountains  which  bonnd 
Cochabamba  on  the  north,  we  enter  a  deliglitful 
valley  called  Cicacica.  watered  by  various  small 
stresms  with  which  the  Rio  Bent,  one  of  the 
limbs  of  the  great  Amazon,  begins  to  form  itself. 
This  valley  constitutes  the  province  of  La  Pa^ 
the  most  northerly  and  remote  one  of  the  Union. 
It  is  said  to  contain  a  population  of  about  sixty- 
thousand  inhabitants,  and  may  be  estimated  at  an 
extent  of  ten  thousand  square  miles.  When  rep- 
resented it  will  be  entitled  to  four  representatives* 
It  is  now,  however,  entirely  in  possession  of  the 
colonial  authorities,  and  has  no  member  in  Con- 
gress. 

Fjom  the  northern  boundary  of  La  Paz,  leav- 
inff  the  lofty  ridges  called  the  Sierras  Altisimas, 
which  are  almost  entirely  encircled  by  the  Rio 
Grande  de  la  Plata,  and  passing  by  SanU  Cmz 
de  la  Sierra  la  Nueva,  or  San  Lorenzo  el  Real 
de  la  Frontera,  to  the  mouth  of  the  Rio  Latire^ 
quiqui,  thence  down  the  Rjo  Paraguay  to  the 
lowest  extremity  of  the  territory  of  the  iJiiponea^ 


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APPENDIX. 


2122 


Conditum  of  South  America, 


A  short  distance  above  Santa  Fe;  thence»  ascend- 
ing affain  bv  the  way  of  the  Laguna  de  Molaras, 
and  luong  toe  eastern  boundary  of  the  provinces 
whose  limits  hare  been  just  described,  to  the  Al- 
tos de  Intinuyo,  will  present  a  very  extensive  tri- 
angular space  of  country  running  in  a  southerly 
direction  into  the  United  Provinces  of  South 
America.  This  territory  is  altogether  owned  and 
occupied  by  various  tribes  of  Indians.  It  b  an  ex- 
tensive elevated  plain  called  the  Llanos  de  Manso^ 
watered  by  various  branches  of  the  Paraguay 
passing  through  it;  but  it  is  very  illy  supplied 
with  timber.  The  tribes  of  the  Llanos  de  Manso, 
as  well  as  many  others  to  the  northward,  were 
formerly  under  the  pious  pupilage  of  the  Jesuit 
missionaries  \  but  their  pastors  having  been  with- 
drawn and  expelled,  they  have  lost  all  the  genu- 
ine notions  of  civilization  that  were  taught  tnem, 
if,  indeed,  they  really  ever  learned  any,  and  are 
now.  in  situation  and  habits,  similar  to  our 
neignbors,  the  Osages  and  Mandans  of  the  river 
Missouri. 

And,  finally,  after  passing  in  an  easterly  direc- 
tion over  this  great  triangle  of  Indian  territory, 
the  province  of  Paraguay,  in  many  respects  the 
most  interesting  and  important  of  the  Union,  pre- 
sents itself.  It  IS  bounded  by  the  rivers  Paraguay 
and  Parana,  and  the  dominions  of  Brazil :  ana, 
with  an  extent  of  forty-three  thousand  two  hund- 
red square  miles,  it  contains  a  population  of  about 
one  hundred  and  ten  thousand  souls.  Its  capital 
is  the  ancient  city  of  A^sumpcion,  situated  on  the 
left  bank  of  the  Paraguay.  This  province  has 
never  been  attached  to  the  Union.  About  the 
year  1810  the  Government  of  Buenos  Ayres  sent 
an  army  into  it,  under  the  command  of  General 
Belgrano, for thepurpose  of  forcing  it  into  the 
Confederacy.  Tne  Buenos  Ayres  forces  were 
compelled  to  retire.  Soon  after  Paraguay  de- 
clared itself  independent,  or  some  of  the  chiefs 
snatched  the  power  from  the  hands  of  the  colo- 
nial rulers,  and  declared  war  or  a  hostile  non-in- 
tercourse against  Buenos  Ayres,  which  is  the 
present  state  of  the  relations  between  them.  And 
not  long  after  Paraguay  assumed  a  similar  stand 
with  regard  to  the  provinces  of  Santa  Ft  and 
the  Banda  Oriental.  Paraguay,  therefore,  has 
never,  at  any  time,  had  a  represetitation  in  the 
Congress  of  the  Union,  but,  according  to  its 
population,  it  would  be.  entitled  to  semi  seven 
members. 

This  completes  the  survey  I  proposed  to  take 
of  the  several  political  divisions  of  this  extensive 
Union,  and  of  the  local  situation,  the  extent,  the 
amount  of  population,  and  the  relationship  of  each 
to  the  whole. 

They  having  sprung  from  the  same  origin,  and 
speaking  the  same  language,  having  been  bred  up 
in  the  same  religious  creed,  and  been  governed  by 
the  same  laws,  are  of  themselves  strong  founda- 
tions whereon  to  rest  a  political  union.  These 
circumstances  operate  very  powerfully  through- 
out Spanish  America ;  they  are  among  the  lead- 
ing causes  which  bold  together  a  part  of  the  prov- 
inces which  I  have  described,  and  they  produce 
a  disposition  in  them  all  to  unite  y  indeed,  they 


seem,  at  times,  to  have  excited  the  expression  of 
a  hope  that  all  who  speak  the  Castilian  tongue, 
and  worship  according  to  the  Catholic  faith  in 
America,  might  be  formed  into  one  grand  Con* 
federacy.  But  the  good  sympathy  arising  from 
these  circumstances  will  be  displaced  by  the  ex- 
perience of  profitable  advantages;  and  the  benev- 
olence that  IS  awakened  by  the  sound  of  the  mo- 
ther tongue  from  the  lips  of  the  stranger,  and  his 
observance  of  the  same  forms  of  Divine  adora- 
tion, will  be  suppressed  or  banished  by  the  dic- 
tates of  self-interest,  and  a  regard  to  tnose  ealb 
and  necessities  which  local  circumstances  sug- 
gest or  imperiously  demand,  and  bjr  those  hab- 
its and  customs  which  the  peculiarities  of  the 
country  insensibly  inculcate  and  cherish.  There- 
fore, to  form  an  opinion  of  the  nature  and 
strength  of  thosesympathies,  interests, and  circum* 
stances,  by  which  these  provinces  are  now  in  part 
united  or  dissevered,  attracted  towards  or  repelled 
from  each  other,  and  also  to  render  some  of  the 
traits  in  the  character  of  its  population  more  in- 
telligible, and  to  understand  the  nature  of  its  com- 
merce, it  is  necessary  that  we  should  take  a  sur- 
vey of  this  Union,  with  reference  to  the  physical 
character  of  the  country^  and  observe  what  are 
the  articles  produced  by  its  soil  or  by  the  inge- 
nuity and  industry  of  its  inhabitants,  making  no 
other  reference  to  the  provinces  than  as  they  nuy 
serve  to  assist  in  designating  the  extent  or  each 
of  those  districts  which  are  naturally  and  char- 
acteristically different  from  the  rest. 

Supposing  we  were  to  draw  a  line,  beginning 
on  the  river  Paraguay,  near  the  city  of  Santa  Fe, 
which  should  sweep  northwardly,  so  as  to  include 
a  portion  of  the  province  of  Cordova;  thence, 
beodinff  round  below  that  ridge  of  the  mountains 
of  Cordova,  near  the  foot  of  which  stands  the 
town  or  village  of  St.  Augustine ;  and  thence, 
passing  along  a  little  below  the  eastern  boundary 
of  the  province  of  the  Punta  San  Luis,  proceed- 
ing due  south,  we  should  very  nearly  deaignate 
the  western  limits  of  one  of  the  most  extensive 
and  peculiar  plains  in  the  world,  which  stretches 
from  the  shores  of  the  Rio  de  la  Plau  toward 
the  southern  extremity  of  our  continent,  between 
the  line  I  have  described  and  the  coast  of  the  At- 
lantic ocean.  This  is  the  vast  flat  plain  or  pas- 
ture ground  of  Buenos  Ayres.  or,  as  it  is  most 
usually  and  correctly  called,  the^fn|>ae,  which 
word,  in  the  Q^echa  tongue  otPeru,  signiAec 
properly  a  valley. 

This  pampa,  which  forms  «  pert  of  the  teni- 
tory  of  Cordova  and  of  Santa  Fe,  and  all  that  of 
Buenos  Ayres,  if  measured  entire  into  the  coun- 
try of  the  Patagonian  tribes,  extends  in  length 
fitteen  hundred  miles,  and  in  breadth,  in  a  direct 
line,  following  the  southern  boundary  of  the 
Uniooi  five  hundred  miles  from  the  ocean  to  iu 
western  confines.  Over  all  this  immense  ^^aee 
there  is  not  a  tree,  not  a  shrub,  nor  a  single  peren- 
nial plant  to  be  seen,  save  only  those  few  which 
here  and  there  lift  their  heads  near  a  herdsman's 
hut.  There  are  no  hills  or  eminences,  and  the 
undulations  are  so  gentle  as  only  to  be  perceived 
by  taking  a  long  view  over  its  surface;  and  then 

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212S 


APPMIMX. 


212i 


Condltian  of  South  AmericcL 


tbe  eye  passea  Tbmid  and  round  the  horizon  as 
orer  the  face  of  the  uodalating  ocean  in  a  calm, 
iHiere  there  is  not  a  single  object  to  delight,  or  to 
retieye.  or  to  rary  the  scene.  The  keen  blasts 
called  the  pamperos  rvreep  over  the  houseless  and 
unsheltered  plain  without  the  least  obstruction  ; 
and  the  fierce  rays  of  the  sun  are  felt  in  ail  their 
unmitigated  fervor.  Tou  are  sometimes  in  sight 
of  thousands  of  animals^  but  they  are  chiefly 
horned  cattle  and  horses,  and  tbe  deer,  ostriches, 
wild  dogs,  and  others,  fly  as  you  approach.  For 
a  while  the  pampas  present  the  mind  with  an 
agreeable  astonishment ;  but  that  soon  subsides, 
and  the  eye  may  often  be  directed  in  rain  in  any 
^ay  16  obtain  a  single  glimpse  of  society.  Sur- 
rounded by  a  boundless,  silent  sameness,  one  sen- 
sibly feels  the  value  of  the  voice  and  variegated 
scenes  of  nature.  I'his  interminable  plain  spreads 
out  one  of  the  most  expanded  and  awful  solitudes 
on  earth. 

I  do  not  know  that  any  chemical  analysis  has 
ever  been  made  of  the  nature  of  the  qualities  of 
the^fl  of  the  pampHe,  nor  can  I  say  that  the  few 
experiments  that  have  been  tried  to  shade  them 
with  a  lofly  growth  were  made  with  botanical 
skill;  but  they  have  all  hitherto  failed.    I  can 
only  relate  what  I  saw,  and  what  were  recounted 
to  me  as  the  trials  of  husbandmen  and  others, 
'Who,  actuated  by  a  love  of  g^in,  or  directed  by 
fliney,  were  anxious  to  aggrandize  themselves,  or 
to  decorate  their  possessions,    ft  is  now  two  hun- 
dred and  thirty-eight  years  since  the  city  of  Bu- 
enos Ayres  was  founded,  and  in  six  miles  out  from 
the  Plaza  Mayor  you  take  leave  of  ail  quintas, 
gardens,  and  orchards,  knd  ^nter  upon  the  great, 
naked  pkrin.    The  post  road  from  Buenos  Ayres 
to  Mendoza  (along  which  1  travelled)  passes  flve 
hundred  miles  over  these  pampas.    In  all  that  dis- 
tance I  saw  not  a  single  stone,  no  gravel,  nor  any 
sand;  the  surfiice  of  the  earth  appeared  to  be  en- 
tirely a  sbft,  Uaclr,  rich  soil  on  the  banks  of  some  of 
the  rivi&rs,  and  in  places  a  reddish  clay  appeared. 
The  water  in  almost  every  well  in  the  city  of 
Buenos  Ayres  is  brackish ;  4nt  of  the  wells'  in  the 
pampas  is  generally  as  bad^  and  in  some  places 
Worse.    The  water  of  the  river  Plata  is  used  for 
dtfnkins-  where  it  can  be  had.    Many  of  the  riv- 
en of  the  pampas  are  brackish,  as  their  names' 
indicate.  And  there  are  in  these  plains  many  salt 
lakes;  tnose  called  the  Lacuna  Brava,  one  hun- 
dred and  twenty  mile^the  LagunaPalantalen,one 
htindred  and  forty  miles,  the  Lagunas  de  Monte 
anid  del  Oeste,  two  hundred  mile^  and  the  Salinas 
de  Paraguyes,  two  hundred  and  sixty  miles  from 
Buetfos  Ayres,  before  the  revolution,  at  one  time 
employed  constantly  from  three  to  fbur  hundred 
earts  in  carrying  salt  from  them  to  the  city  for  the 
siipply  of  the  country,  and  they  now  furnish  a 
eonsiderable  quantity.    Tfaete  is  under  the  whole 
of  tliese  pampas  from  tbree  to  twelve  feet,  and  in 
awne  piacea  more,  below  the  surface,  a  stratum 
of  eatth  of  a  foot  or  more  in  thickness,  which 
appean  to  be  a  concreted  clay,  about  as  firm  as  a 
•ommon  brick.    This  concretion,  as  it  projects 
l^OB«  the  water's  edge  of  the  Rio  de  la  Plata  at 
tke  city  of  Buenos  Ayres,  is  called  toico^  or  rough 


earth.  On  the  margins  and  beds  of  most  of  the 
watercourses  this  stratum  of  tosco  is  visible ;  and 
the  Rio  Arecefe,  or  the  river  of  the  paved  bottom, 
rolls  entirely  over  it  for  a  great  distance.  Near 
the  banks  of  the  La  Plata,  the  Paraguay,  and 
tbeir  branches,  there  are  Orf^w  large  trees  and 
some  shrubbery ;  but  most  of  the  lesser  streams 
creep  throush  tbe  plains  as  in  crooked  ditche^ 
without  their  courses  being  perceived  at  any  dis- 
tance, either  by  trees,  shrubs^  cllfls,  or  valleys. 

The  pampas  are  exceedingly  productive  in 
grass,  and  a  great  proportion  of  theui  are  beset 
with  a  species  of  thistle,  which  ^oWs  from  two  • 
to  seven  feet  high,  and  is  not  unuke  our  gardea 
artichoke.  The  only  tree  that  scenes  to-flourisli 
everywhere,  as  a  natural  free  citizen,  is  the  em- 
budo,  or  the  perennial  poke ;  its  trunk,  however, 
is  a  mere  watery  pulp,  and  the  growth  is  utterly 
useless  for  every  thing  but  shade.  The  peacn 
grows  well ;  but,  in  our  country^  it  flourishes  best 
on  the  seacoast  and  on  the  borders  of  the  sail 
marshes.  The  olive  and  the  fig  also  thrive;  but 
they  are  natives  of  the  dry  and  saline  deserts  of 
Arabia.  Bxcept  these,  there  are  no  trees  whidi 
appear  to  indicate  that  nature  made  them  wel- 
come where  they  were.  There  is  no  tradition 
that,  in  ail  this  immense  extent  of  territory,  called 
the  pampas,  one  single  stick  of  good  timber  haa 
been  ever  found  growing  at  the  distance  of  one 
mile  from  the  rivers,  if  I  might  be  indulged  in 
addinff  a  conjecture  to  the  facts  I  have  related,  I 
would  say  that  it  seemed  to  me  that  this  great 
plain  had  been  gently  liAed  jost  above  the  level 
of  the  ocean,  and  left  with  a  surface  so  onbrokea 
and  flat  as  not  yet  to  have  been  sufficiently  purl* 
fled  of  its  salt  and  acrid  matter,  either  by  nitra- 
tion or  washing,  as  to  admit  of  the  growth  of 
anything  more  than  mere  grass  and  herbage^m 
of  the  upper  stratum  by  Which  it  is  covered.  The 
pampas  are  sometimes  afflicted  with  the  most 
wasteflil  droughts,  when  vegetation  ia  parched 
tap,  the  ponds  and  streams  ate  dried,  and  the  nu- 
merous herds  of  cattle  either  die  of  thirst,  or 
wandef  away  towards  the  rivers  in  pursuit  of 
water,  and  are  wholly  lost. 

The  soil  of  the  pampas  produces  good  wheal, 
barley^nd  Indittn  com ;  but  the  crops  frequently 
fail.  The  grain  of  the  wheal  has  the  appearance 
of  a  Very  inferior  quality ;  but  it  makes  excellent 
flour,  and  is  said  to  be  much  superior  to  that  of 
Chili,  which  looks  so  much  better  on  comparison. 
Chftcaras,  or  grain  farms,  have  neither  be^n  ex- 
tended nor  multiplied  since  the  revoluUon ;  and  t 
question  whether  agriculture  be  likely  soon  to 
increase  in  this  country;  while,  on  the  one  hand^ 
it  has  to  overcome  the  difficulties  incident  to  the 
want  of  timber,  and  the  j^culiarities  of  tiie  soil, 
and,  on  the  other,  to  resbt  the  temptations  to 
pasturage,  to  which  the  country  invites  so  strong- 
ly, and  to  which  it  is  so  eminently  suited.  The 
staple  commodities  of  this  great  district  of  pas- 
ture ground  are  derived  chiefly  from  its  innu- 
merable herds  of  cattle.  It  might  furnish  any 
quantity  of  salted  beef;  but  the  present  Qovern- 
ment  has  thought  proper  to  prohibit  the  putting 
it  up.    Therefore,  the  only  arti^gles  which  it  noW 


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APPENDIX 


212« 


CbfidiliMi  of  SmOh  ittnmco. 


fmrntshes  are  hides,  tallow,  boras,  wool  and  hair, 
Tiscaeha;  sheep  aad  wild  dog  skins.  Iq  some 
Tears  it  prodaees  a  surplus  of  wheat ;  and  it  has 
tarnished,  and  still  supplies,  some  salt  fVom  its 
lakes*  There  are,  also,  some  fars  and  swan  skins, 
and  feathers,  brought  from  the  Patagonian  terri- 
tory. The  ostrich  of  the  pampas,  with  the  sjze 
and  speed,  and  mueb  of  the  manners  and  habits 
of  that  of  Afma,  has  not  a  single  feather  of  his 
soft  waving  eleganee  of  plamage.  The  pampa 
bird  is  ckd  in  a  Tery  coarse  gray  garb^  which, 
when  plundered  from  him,  except  what  is  suited 
for  bedding,  is  neither  ornamentsl  nor  useful. 
Buenos  Ayres  is  the  principal  city  of  this  district ; 
and  as  it  is  the  seat  of  Ghorernment,  the  public 
mmnufactory  of  arms  has  been  erected  there.  The 
prodoottons  of  its  industry  are  playing  cards,  beer, 
spirits  distilled  from  barley  aud  fruit,  cleaned  hair 
and  wool,  hats,  boots  and  shoes,  tinware,  Wind- 
sor chairs,  cabinet  manufacture,  olireoil,  candles, 
soap,  shipbread,  and  some  few  others.  In  the 
country,  the  people  manufacture  some  hats,  boots, 
sliMs,  and  coarse  woollen  cloths. 

Taking  in  the  whole  of  the  Banda  Oriental, 
that  which  may  be  properly  called  the  Entre 
Rios;  all  the  residue  of  Cordora,  below  the 
nonatains;  all  of  Santiago  del  Estero;  and  so 
maeh  of  Tueuman  and  Bslta  is  is  not  extended 
oTvr  the  momtatns,  and  we  shall  describe  another 
TBst  district  of  the  pasture  lands  and  plains  of 
this  Union,  the  uses  of  which  have  been  hitherto 
similar  to  those  of  the  pampas ;  but  the  nature 
and  eapaeilies  of  which  are  very  different,  and 
the  destinies  of  whieh  may  finally,  perhaps  soon, 
ratcire  another  direction^ 

The  soil  of  the  Banda  Oriental  is  uncommonly 
productive,  and  well  adapted  to  all  kinds  of  grain, 
of  which  it  can  easily  be  made  to  yield  a  most 
Ifberai  retnrn.  Its  surface  is  very  waving,  and 
emryw^Mre  abundantly  irrigated  with  never- 
Diilinf  springs  and  streanM  of  the  purest  water. 
There  are  some  great  spaces  destitute  of  timber, 
partieiilarly  along  the  coast  of  the  river  La  Plata, 
towards  the  Portumese  settlement  of  Rio  Grande 
de  San  Pedro.  Groves  of  fine  timber,  more  than 
suCaseat  fin  all  its  necessary  probable  wants,  are, 
however,  scattered  over  its  whole  extent,  and  its 
Bore  northern  extremity  is,  for  the  most  part,  an 
entire  forest.  There  has  no  quality  yet  been 
diseoviered  in  its  generous  soil,  which  indicates 
the  least  unkindness  to  any  species  of  vegetable 
mwih.  There  aie  no  bogs,  swamps,  or  lakes  to 
M  found  in  any  part  of  it ;  and  its  dimate  through- 
oni  b  remarkably  salubrious.  In  short,  buxom 
natBie  frolics  over  this  beautiAil  seene,  and  with 
Mt  open  band  bestows  everywhere  health,  variety, 

Eiety,  aad  fecundity.  The  Banda  Oriental  has, 
wever,  hitherto  been  applied  to  no  other  pur- 
pooe  than  pastarage,  and  the  rearing  of  cattle, 
males,  and  hones. 

The  eouatry  properly  called  the  Entre  Rios  is, 
in  most  particnlais,  simihiff  to  the  Banda  Oriental ; 
it  is  Ytrj  fertile,  and  is  ftirnished  with  an  abun- 
dance or  timber.  There  are,  however,  some  ex- 
tensive plashes  in  it,  such  as  the  baxada,  or  low 
fioands  opposite  Rosario,  whieh  are  dry  in  Sum- 


mer, and^  in  the  wet  seasons,  covered  with  water ; 
the  soil,  m  such  places,  shoots  up  a  species  of  reed, 
or  large  coarse  straw ;  hence  they 'are  distinguish- 
ed by  the  Spanish  name  pajanal.  It  was  m  one 
of  those  pajanals,  then  dry,  near  Santa  Fe,  in 
which  the  Buenos  Ayres  troops  suffered  so  severe 
a  defeat  in  Apil  last.  Almost  the  whole  of  the 
Entre  Rios,  like  the  Banda  Oriental,  has  hitherto 
been  employed  only  as  a  pasture  ground ;  and, 
for  that  purpose,  its  fertile  rincons,  or  forks  of 
rivers,  have  been  considered  as  the  most  valuable 
estancias,  or  pasture  fhrms,  in  the  country. 

The  residue  of  the  territory  of  Cordova,  not 
embraced  as  pampa  or  mountain ;  all  that  of  San- 
tiaffo  del  Estero,  with  so  much  of  Tueuman  and 
SaTta  as  lavs  below  the  mountains,  Is,  in  general, 
an  elevated,  dry,  sandy  plain,  destitute  of  timber, 
except  near  the  watercourses.  The  Rio  Dulee 
occasionally  overflows  it  banks,  and  fills  large 
ponds  near  it,  leaving  them  stagnant,  and  making 
the  neighborhood  very  unhealthy.  Hence  the 
addition  of  Estero  to  the  name  of  the  city  of 
Santiago;  for,  when  the  Rio  Dulce  pours  its 
waters  over  its  banks,  foming  a  great  lake  in  its 
vicinity,  it  is  then,  unfortunately  during  a  sickly 
season,  truly  called  Santiago  of  the  LaIc.  Thfs 
vast  plain,  as  well  as  that  of  the  ^mpas,  seems 
destined  to  eternal  pasturage;  hitherto  it  has 
been  applied  to  no  other  purpose.  Being  at  a  lit* 
tie  distance  from  the  rivers,  higher,  drier,  and 
more  copiously  supplied  with  pure  water  than 
the  pampas,  it  is,  therefore,  better  adapted  to  the 
rearing  of  horses,  mules,  and  sheep,  of  which 
there  are  great  herds  and  flocks  on  those  plains. 

The  principal  internal  commeree  from  Cordova 
and  this  district,  prior  to  the  revohition,  was  its 
trade  in  mules  sent  over  to  Lower  Peru  and  Lima. 
This  traffic,  although  at  present  wholly  cut  off 
by  the  war,  deserves  notice  as  illustrating  the 
actual  state  of  the  country,  and  the  nature  of  itM 
produetions.  At  two  and  a  half  years  old  the 
mules  were  purchased  of  the  breeders,  in  the 
Banda  Oriental,  Entre  Rios,  and  round  about, 
and  gathered  in  herds  near  Cordova,  where  they 
were  wintered,  and  remained  about  six  months. 
Thence  they  were  taken  up  to  Salta,  where  they 
spent  a  second  winter ;  in  which  time  they  oV- 
tained  their  full  growth,  and  were  put  in  good 
order  for  the  prodigious  journey  they  had  before 
them.  Thus,  somewhat  gentled,  seasoned,  and 
prepared,  they  were  presented  for  sale  in  the  great 
mule  fair  at  Salta,  which  opened  in  the  month  of 
March)  where  they  were  sold  at  from  ten  to  fifteen 
dollars  a  head.  The  drover  having  purchased  as 
many  as,  assisted  by  his  peons  or  hirelings,  he 
eoula  DMuage.  which  was,  on  an  average,  two  or 
three  thousand,  he  set  out  on  his  journey  towards 
Lima ;  which,  taking  into  account  the  circuits  he 
would  be  obliged  to  make  to  find  pasturage  fbr 
the  drove,  may  be  safely  computed  at  not  lesa 
than  two  thousand  miles,  and  a  ffreat  part  of  the 
way  over  the  crags  and  defiles  ofthe  most  rugged 
and  lofty  portions  of  the  Cordilleras,  amon^; 
which  many  of  his  mules  commonly  strayed  off, 
I  and  were  wholly  lost.  To  reach  Lima  with  two- 
i  thirds  of  the  number  with  which  the  journey 


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Google 


2127 


APPBNDIX. 


2128 


Conditwn  rf  South  America. 


was  commenced  from  Salta,  was  reckoned  a  sac- 
cessful  voyage.  Mules  which  cost  in  Salta  fifteen 
dollars,  were  sold  in  Lima  for  twenty-five  or  thirty 
dollars.  One  year  with  another,  there  were,  in 
this  manner,  travelled  ovei*,  from  Salta  to  Peru, 
from  fifty  to  seventy  thousand  mules.  Ail  the 
lahor  and  transportation  by  beasts  of  burden  in 
Peru  has  been,  until  lately,  performed  entirely 
by  mules ;  and  they  seem  to  be  the  only  animals 
which  can  be  trusted  along  its  precipices,  and  can 
labor  under  its  burning  sun,  or  that  are  well  suit-, 
ed  to  the  climate  and  country.  This  mule  trade 
has  now  been  so  long  cut  ofi)  that  the  stock  of 
these  useful  animals  in  Peru  is  nearl]r  exhausted, 
and  the  conveniences  and  productions  of  the 
country  are  materially  affected  by  it.  The  price 
of  a  good  mule  now  in  Peru  is  more  than  three 
or  four  times  what  it  was  in  the  years  before  the 
revolution. 

The  productions  of  this  extensive  district  of 
dry  plains  and  wooded  pasture,  which  I  have  just 
described,  are  chiefly  similar  to  those  of  the  pam- 
pas; they  are  hides,  horns,  tallow,  hair,  wool, 
sheep  and  wild  doff  skins,  and  some  peltry,  In- 
dian corn,  wheat,  barley,  and  rice,  fine  potatoes, 
oranges,  figs,  grapes,  and  thence  wine,  brandyj 
and  raisins,  tobacco,  timber,  and  lime.  The  ar- 
ticles whion  the  ingenuity  and  industry  of  the 
people  of  this  district  produce  for  home  consump- 
tion or  domestic  exchanges,  are  hats,  tanned 
leather,  coarse  cotton  and  woollen  cloths,  candle- 
wick,  and  ponchos  or  cloak  of  the  eountrv* 

To  the  southward  of  the  mountains  of  Cordova, 
and  to  the  westward  of  the  pampas,  including  the 
whole  of  the  province  of  the  Punta  San  Luis, 
and  the  eastern  part  of  the  province  of  Mendoza, 
is  another  district  of  mere  pasturage.  It  is  a  high, 
dry,  broken  plain,  and  perhaps  the  most  barren 
andf  unproductive  of  anv  in  the  Union.  A  great 
part  of  it  is  covered  with  several  kinds  of  thorny 
shrubbery,  interspersed  with  which  there  are 
some  small  timber  trees.  This  district  produces 
hides,  tallow,  horns,  some  grain,  wine,  brandy, 
and  dried  fruit. 

By  including  a  considerable  extent  of  the  Bn- 
tre  Kios  round  Corrientes,  and  the  whole  of  the 
province  of  Paraguay,  we  shall  designate  a  dis- 
trict which  hj  many  is  considered  as  the  fairest 
portion  of  this  great  Union,  and  equal,  in  its  va- 
rious excellencies,  to  any  tract  of  similar  extent 
in  all  our  continent.  Its  climate  is  delightful, 
possessinff  all  the  advantages  of  that  of  the  torria 
zone,  without  being  visited  by  the  fierce  rays  of 
its  sun,  or  being  enveloped  in  its  pernicious  va- 
pors. The  face  of  the  country  is  not  mountain- 
ous, nor  anywhere  flat;  it  is  well  supplied  by  a 
great  variety  of  streams  of  pure  water;  its  soil  is 
everywhere  found  to  be  exceedingly  fertile  and 
productive,  and  a  rich  and  variegated  forest  ori- 
ginally overshadowed  the  whole,  and  now  covers 
a  great  part.  This  forest  produces  mahogany, 
and  several  other  kinds  of  beautiful  wood  suited 
to  cabinet  work,  and  furnishes,  besides,  an  abun- 
dance and  variety  of  timber  excellently  adapted 
to  domestic  and  naval  architecture.  This  may 
be  regarded  as  more  particularly  and  especially 


the  agricultural  district  of  the  Union.  The  stale 
of  husbandry  in  Paraguay  is  said,  however,  to  be, 
like  that  of  the  other  provinces,  in  a  very  low 
and  unimproved  condition,  and  conducted  in  the 
most  rude  and  unskilful  manner.  The  produc- 
tions of  the  country  are  as  various  as  they  miffht 
be  abundant.  The  sugar  cane  grows  well,mit 
little  sugar  is  made;  its  juice  is  chiefly  manofac- 
tured  into  spirits.  This  district  produces  Indian 
corn,  wheat,  and  barley,  but  exports  little  or  none. 
All  the  European  fruit  trees  flourish  and  prodnc* 
well :  the  orange,  fig,  olive,  and  vine  grow  Inxti- 
riantly.  It  produces  cotton,  flax^  hemp,  and  to- 
bacco, hides,  tallow,  lion  skins,  uger  skins,  and 
some  peltry.  lu  inhabitanu  manufacture  hats, 
shoes,  and  several  kinds  of  coarse  cotton  ana 
woollen  cloths  for  home  consumption  chieAjr^ukd 
they  make,  for  the  markets  of  the  other  provinces, 
tobacco,  cigars,  and  matte. 

Within  this  district  grows  that  singular  vege- 
table, so  much  in  demand  and  use  over  all  South 
America,  called  matte,  or  the  yerba  o(  Paraffoav. 
It  is  a  perennial  plant,  rather  a  tree  than  a  shroo, 
and,  when  full  grown,  is  about  the  size  of  a  com- 
mon apple  tree.  Every  Spring,  when  the  tree 
puts  forth,  as  it  does  very  luxuruntly,  its  snoen- 
lent  bougns,  to  about  the  length  of  two  or  three 
inches,  and,  when  the  leaves  are  about  half  form- 
ed, the  young  shoots,  are  cut,  gathered,  and  care- 
fully dried ;  and,  when  perfectly  cured,  are  pot 
up  in  sacks,  made  of  raw  hide,  of  about  one  or 
two  hundred  pounds  weight,  and  sent  hbroad  over 
all  the  adjoining  provinces.  The  yoling  shoots 
and  leaves  of  the  matte,  it  would  seem,  have  lo- 
ceived  the  name  of  yerbcL^  rather  from  the  soft 
and  hirbaceumi  state  in  which  they  arejeathered, 
than  from  the  character  of  the  plant.  The  yerba 
is  used  in  decoction,  like  the  tea  of  China;  bat, 
instead  of  making  it,  like  that,  in  a  pot,  andaerv- 
ing  it  out  in  cups,  it  is  made  in  a  little  vase,  and 
sucked  up  through  a  small  tube  of  about  a  foot 
in  length,  called  a  bombilla^  or  little  pump,  at 
which  each  one  draws.  The  nutte  is  used  hj 
all  ranks  and  classes,  and  is  one  of  those  luxnrics 
which  has  grown  into  as  inveterate  and  neee»> 
sary  a  habit  as  the  use  of  the  tea  of  China  in  the 
United  States. 

Embracing  all  the  residue  of  the  Union  under 
one  view,  we  flnd  an  extensive  mountainous  dt»> 
trict,  stretching  along  below  the  eastern  brow  €i 
the  Andes,  from  Mendoza  to  La  Paz,  and  spread- 
ing out  over  the  whole  of  the  province  of  JojuT, 
as  low  down  as  the  confines  of  the  Llanoe  de 
Manso.  On  all  those  within  this  district  I  shall 
bestow  the  epithet  of  the  Ogh  Provmee^j  as 
lying  entirely  among  the  broken  and  nigged  ele* 
vations.  of  the  Cordilleras  of  the  Andes ;  some 
of  them,  from  Jujuy  north  and  west,  have  been 
rather  vaguely  designated  heretofore  by  the  name 
of  Peru-Alto,  from  their  having  formed  a  part  of 
the  empire  or  the  Inca^  whose  seat  was  at  Coz- 
CO,  three  hundred  and  seventy  miles  to  the  north 
of  La  Paz.  Throughout  the  whole  of  the  high 
provinces,  almost  every  one  of  the  Spanish  aet- 
tlements  seem  to  have  been  originally  attracted 
to  iu  present  seat  by  an  expectation  of  the  wealth 


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APPENDIX. 


2130 


Cof^dUvm  of  Sotah  America. 


to  be  deriyed  by  the  eztrtctiog  of  the  preetoas 
metals  front  dome  mine  in  its  vicinity.  Etch 
town  and  valley,  from  that  of  Uspiliata,  near 
Mendoza,  to  those  of  Chicas,  Potosi,  and  La 
Paz^  has  had.  or  now  has,  some  productive  mine 
in  Its  neighborhood.  Population  has  gathered 
about  these  subterranean  masses  of  wealth,  and 
affrieulture  was  made  necessary  for  the  support 
of  those  who  came  to  dig,  or  to  profit  by  digging 
for  silver  and  gold.  Recourse  was  had  to  the 
Beighborittg  valleys,  and  the  cultivation  of  their 
generous  soil  has,  in  many  respects,  been  found 
more  profitable,  and  exposed  to  rewer  disap- 
pointments than  mining.  Hence,  this  great  dis- 
trict, first  seated  as  a  mining  country,  has  now 
beeome  rather  more  of  an  agricultural  one. 
The  mines  of^  UspiUata  and  Famatina  have 
ceased  to  enchant,  or  to  be  as  productive  as  for- 
merly; and  the  watered  and  cultivated  fields  and 
vineyards  of  Mendoza,  San  Juan,  Rioja,  Cata- 
marca,  and  many  other  vallevs,  have  brought 
such  a  pleasing  and  a  comfortaole  wealth  to  their 
owners,  that  they  are^  in  many  respects,  perfectly 
cured  of  their  tanatic  love  of  Plata,  and  have 
become  as  iadifierent  about  searching  after  it  as 
their  predecessors  the  original  natives. 

I  directed  my  bquiries  in  various  ways,  for 
the  purpose  of  ascertaining,  with  some  degree  of 
etrtaiaty,  what  had  been,  or  now  was,  the  total 
amount  of  the  precious  metals  extracted  from 
the  hi|^h  provinces  of  the  Union,  but  found  it 
impossible  to  obtain  any  data  whence  a  tolerably 
fair  estimate  of  their  fecundity  could  be  made. 
BefKe  the  revolution  the  productions  of  the 
mines  of  Peru-Alto  were,  in  part,  sent  to  Lima, 
in  part  to  the  ports  of  Cobija  and  Arica,  on  the 
Pacific ;  but  the  greater  part  was  exported  from 
the  city  of  Buenos  Avres,  whence  between  two 
and  three  millions  of  dollars  were  sent  to  Europe 
mnnnaily ;  but  then  a  very  great  proportion  of 
that  amount  was  derived  from  Coilt.  Again: 
the  amocmt  sent  to  Spain  from  Chili,  every  year, 
was  about  two  or  three  millions  of  dollars ;  but 
then  the  whole  of  that  amount,  together  with 
what  was  sent  over  the  Andes,  cannot  be  set 
down  as  its  own  production  either,  because  a 
great  proportion  of  it  was  obtaiaed  from  Lima, 
Arica,  and  Cobija,  in  payment  for  its  wheat ;  so 
that  if  we  are  to  ascertain  the  amount  of  the 
•xporu  of  each  of  the  three  Viceroyalties  of 
Peru,  Chili,  and  Bucfnos  Ayres,  it  would  be  dif- 
ficult to  say  how  much  was  properly  its  own. 
production,  because  of  their  having  been  so  in- 
termingled. Since  the  revolution  the  mines  of 
the  hi«i  provinces  have  been  verjr'much  ne^ 
glecte^  owing  to  the  country's  having  been  in 
so  distracted  a  state,  and  so  much  the  seat  of 
war.  It  is  said  that,  within  the  last  year,  Bue- 
nos Ayr cs  has  exported  about  two  millions  of 
dollars ;  if  so,  a  very  small  amount  has  been  ob- 
tained from  the  high  provinces,  because  much 
the  greater  production,  or  nearly  all  of  that 
amount  of  its  metallic  exports,  has  been,  in  vari- 
ous wavsj  drawn  from  Chili. 

In  addition  to  the  precious  metals,  the  high 
provinces  produce  copper,  tin,  lead,  and  iron; 


hides,  tallow,  wool,  wheat,  com.  and  barley,  rice 
and  cotton,  of  which  last  article  Catamarca  is 
uncommonly  productive.  Thev  produce,  also, 
wine,  brandy,  and  abundance  or  dried  fruit.  It 
will  be  proper  to  observe,  however^  that  this  dis- 
trict extenus  over  a  part  of  that  singular  region 
of  America  where,  owing  to  the  elevation  and 
range  of  the  Andes^  or  to  some  other  causes,  the 
vapors  that  are  lifted  into  the  sky  are  not  per- 
mitted to  fall  on  it  in  rain  during  the  summer 
months;  and,  consequently,  as  it  does  not  rain 
for  many  months  together,  the  valleys,  to  be 
made  arable,  must  be  irrigated  from  some  neigh- 
boring stream  of  water.  Beside  the  productions 
of  the  mines  and  the  valleys  of  this  district 
there  is^  drawn  from  the  heights  and  obscure 
retreats  of  the  mountains  a  considerable  quan- 
tity of  peltry,  of  which  gunaca,  vecuna,  and 
ehmchilla  skins  are  the  chief.  The  gunaca  wool 
is  equal  to  the  merino,  and  the  wool  or  fur 
of  the  vecuna  seems  not  only  to  be  capable  of 
being  manufactured  into  the  finest  cloth,  but 
hats  made  of  it  rival,  in  lightness  and  fineness 
of  texture,  those  made  of  beaver.  The  inhab- 
iunts  of  this  district  of  the  high  provinces  man- 
ufacture hats,  shoes,  tanned  leather,  and  sev- 
eral kinds  of  cotton  and  woollen  cloths^  and  pon- 
chos. And,  in  many  respects,  the  native  Indian 
mode  of  manufacturing^  as  well  as  the  form  of 
the  fabric,  has  been  retained. 

The  various  routes,  and  the  facilities  by  which 
internal  exchanges  are  effected,  and  the  points  at 
which  they  draw  together  and  meet  tne  com- 
merce of  foreign  nations,  with  much  truth  may 
be  considered  as  the  corns  by  which  a  nation  or 
a  union  is  bound  together  j  along  which,  as  by 
so  many  nerves,  each  province  is  made  sensible 
that  it  belongs  to  one  whole,  and  every  limb  is 
made  to  brace  itself  in  the  common  cause  of  all. 
Therefore,  to  complete  the  concise  review  which 
I  propose  to  present  you  of  this  Union,  its  seve- 
ral partSj  and  its  productions,  I  shall  exhibit  some 
of  its  principal  paths  and  channels  of  commerce, 
and  the  manner  and  places  at  which  its  produc- 
tions are  collected  for  barter  among  themselves, 
or  gathered  together  to  meet  the  exchanges  of 
our  citizens  and  those  of  other  nations.  These 
details  may,  perhaps,  appear  to  be  unnecessarily 
tedious,  but  1  know  not  how  to  compress  them; 
and,  besides,  statistical  information  consists  in 
mere  matters  of  calculation  and  interest,  in 
which  we  look  rather  to  the  value  and  the  utility 
of  the  knowledge,  than  to  the  beauty  of  the 
scene  which  it  is  in  the  power  of  the  narrator  to 
depict. 

I  have  endeavored  to  hiy  before  you  a  fair  rep- 
resenution  of  the  peculiarities  of*^  the  countrv ; 
and,  as  may  readily  be  supposed}  some  of  the 
peculiarities  and  the  facilities  of  internal  trans- 
portation grow  out  of,  or  are  the  natural  sugges- 
tions of  those  of  the  country.  The  pampas  are, 
in  rainy  seasons,  very  wet,  and  in  places  there 
are  great  pantanas,  or  spaces  of  soft  mud ;  for 
want  of  stone,  or  ff ravel,  or  wood,  the  roads  can- 
not be  rendered  firm  for  carriages.  There  are 
few  places  of  refreshment  or  repair,  and  the  dis- 


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APPESDIXr 


2133 


CkmeUtion  (f  South  Ameri§a. 


tance  ov^r  them  is  prodigiois.  The  carriage  of 
burdea  is,  therefore,  accommodated  to  these  cir- 
cumstapces.  The  Tucumaa  and  Mendoza  carta, 
at  a  little  distance,  look  like  thatched  cabios 
slowly  moTing  over  the  plain.  The  whole  ma- 
chine is  destitute  of  a  nail  or  a  bit  of  iron ;  its 
great  coarse  wheels  are  not  less  than  eight  feet 
in  diameter ;  «ix  oxen,  in  general  noble,  strong 
animals,  move  it«    The  two  front  pair  hare  a 

Seat  length  of  cord  by  which  they  draw ;  and 
e  load  of  the  cart,  which,  on  an  ayerage,  is  not 
less  than  foar  thousand  weight,  is  pretty  nearly 
balanced  on  the  axietreej  the  body  of  the  cart  is 
either  covered  with  raw  hide  er  thatch  made  of 
leeds  or  straw ;  and,  with  a  collection  of  brush- 
wood as  fuel,  tied  on  the  top,  and  brought  from 
the  westward  of  the  pampas,  these  carts  are  seen 
crossing  the  plains  in  caravans  of  from  thirty  to 
forty  together.  On  the  journey  the  oxen  are  un- 
yoked occasionally  through  the  day,  and  at  night, 
and  permitted  to  seek  meir  food  round  about. 
Thus,  without  any  other  provision  than  what  is 
necessary  for  himself,  the  carrier  pursoes  his 
way  over  a  waste  of  thirty  days  or  six  weeks' 
passage.  There  are  in  E^nos  Ayres  and  Men- 
doza a  number  of  owners  of  these  carts;  and  the 
several  common  carriers  of  Tucuman  keep  about 
two  hundred  of  them  constantly  employea  in  the 
trade  of  that  city.  From  Buenee  Ayres  to  Men- 
doza the  distance  is  nine  hundred  miles,  and  the 
fare  is  from  one  hundred  and  forty  to  two  hun- 
dred dollars  the  cart  load  downwards;  but,  to 
the  westward,  the  fare  is  only  about  forty  dollars 
the  load.  The  route  is  performed  in  about  thirty 
days.  From  Buenos  Ayres  to  Cordova  the  dis- 
tance is  four  hundred  and  fifty  miles,  the  fare, 
per  cart  load,  is  twenty-five  dollars,  and  the  joof- 
ney  is  performed  in  about  sixteen  or  eighteen 
days.  It  is  nine  hundred  miles  from  Buenoe 
Ayres  to  Tucuman,  and  tbe  fare,  per  load,  ac^ 
cording  to  seasonsj  is  about  *  one  hundred  and 
fifty  dollars.  From  Buenos  Ayres  to  Jujuy,  the 
distance  is  twelve  hundred  miles,  and  u  is  the 
utmost  extent  to  which  the  roads  are  practicable 
for  wheel  carriages ;  the  fare  is  not  less  than  two 
hundred  dollars  the  cart  load« 

Mules  are  used  for  transportation  in  erery  di- 
rection over  land,  as  well  where  carte  can,  as 
where  they  cannot  travel.  But  they  are  most 
commonly  employed  to  traverse  the  mouataini^ 
and  to  bring  down  to  Buenos  Ayres  the  produc- 
tions of  the  high  provinces.  San  Joan  is  only 
one  hundred  and  eighty  miles  to  the  north  of 
Mendoza;  and  along  the  valley  parallel  to  the 
Andes  there  is  a  good  cart  road  from  one  to  tJie 
other ;  but  the  direct  road  from  San  Juaa  to 
Buenos  Ayres  is  no  more  than,  aine  hundred 
miles,  but  it  is  only  practicable  for  mules.  In 
general,  in  the  high  provinces,  there  are  no  roads 
which  are  at  all  passable  for  carriages.  A  mule 
load,  according  to  the  custom  of  the  country,  i3 
four  hundred  pounds  weight,  for  which  the  fare 
between  San  Juan  and  Buenos  Ayres  is  ten  dol- 
lars, and  the  route  is  usually  performed  in  thirty 
days.  From  Buenos  Ayres  to  Cordova  the  fare 
IS  seven  dollars,  and  so  in  propturtion  further,  or 


in  other  directions.  From  JtQQV,  whence  th% 
transportation  can  only  be  effei^,  in  any  west* 
wardly  or  norttvwardly  direction,  on  moles,  tbe 
distance  to  La  Paz,  the  most  remote  city  of  the 
Union,  is  about  seven  hundred  miles,  and  the  fkre 
is  thirty- five  dollars  the  mole  load.  The  carri- 
ers, who  make  a  business  of  transportation  1^ 
mules,  have  from  fifty  to  one  hundred  of  tfaet» 
animals  in  a  drove,  the  greater  Munber  of  which 
are  loaded  when  on  a  journev ;  and  whatever 
may  be  the  route  they  pursue,  they  carry  no  pro«* 
visions  with  them,  nor  purchase  any  by  dM  wa)k 
for  these  beasts  of  b«rdea.  Stther  on  the  plains, 
or  in  the  mountains,  the  patient,  hardy  sBrimml, 
relieved  of  his  pack,  is  turned  loose  at  ni||bt  to 
gather  his  food,  and  take  his  rest;  and  ia  the 
morning  the  load  is  replaced,  and  he  is  driven  on, 
very  commonly,  the  whole  day  without  slopping; 

The  mail  leaves  Buenos  Ayres  fbr  the  nort& 
west  four  times  in  the  month.  The  wheie  dis- 
tance to  h%  Paz  is  little  short  of  nineteen  hti»* 
dred  miles ;  aad  the  mail  usually  reaches  that 
city  from  Buenos  Ayres  ia  forty  (nys.  It  is  said 
that  individuals,  by  the  usual  mode  of  taldiiff 
relays  of  hired  post  horses,  and  pressia j^  forward, 
have  gone  the  whole  route  lo  La  Paz  m  twenty 
days,  and  that  extraordinary  expreoBes  have  gone 
through  in  twelve  days  from  Boenos  Ayrea. 

These  are  the  principal  paths  of  the  oommer* 
eial  intercourse  of  the  Uaiom  over  land;  dM 
channels  of  commonieation  by  water,  that  hare 
been  acoessible  to  foreigncts,  or  which  have  beem 
at  all  used  by  the  inhabitants,  are  only  those  at 
the  Rio  de  la  Plata  aad  its  tributarf  streams.  If 
we  should  meaaure  directljr  actotts  the  meutk  af 
this  great  river,  from  the  Portngnese  donmnona 
to  tite  line  I  have  designated  as  the  boandary  of 
the  Patagoniaa  territory,  we  shall  find  a  length 
of  not  more  thaa  about  three  hundred  and  aev>* 
eaty  miles  of  coast  on  the  Atlantic  belonging  to 
the  Union :  but  if,  as  seems  to  be  most  coriiet, 
the  river  Plata  be  considered  mereiy  as  a  great 
arm  of  the  sea,  aad  its  shore  be  tasen  into  tha 
account,  then  the  Union  will  be  found  to  hav« 
an  extent  oi  betweea  five  and  six  hundred  aoiiaa 
of  coast.  The  Rio  de  la  Plata  is  said  by  nwt* 
gators  to  have  many  dangerous  singularitws,  and 
materially  lo  differ  from  everv  other  knowa 
river  of  the  wocld.  No  vessel  diawing  more 
than  eighteen  feet  water  can  pass  up  to  Baeaoa 
Ayres ;  and  all  naviaatora  'are  cautioned  to  be«- 
.ware  of  its  singulany  changeful  currents,  and 
the  destructive  blasts,  called  pamperos,  which 
occasionally  sweep  over  iu  surface.  There  aw 
no  fisb  of  passage,  which^  at  tskj  season,  frequent 
this  estuary  ;  and^  therefore,  there  can  be  no  fish- 
ery  anywhere  in  it  fbr  the  purposes  of  profitable 
commerce,  except,  indeed,  the  seals  that  may  he 
taken  on  the  islands  of  Flores  aad  Lobes,  near 
its  mouth.  The  Rio  de  la  Plata  conuaeacea 
from  Cape  St.  Maria,  on  the  north,  aad  Cam 
St.  Antonio^  on  the  south  ;  thence  it  gradually 
narrows  until  it  reaches  Bttenos  Ayres,  where  it 
is  about  forty  miles  broad,  and  it  terminates  by 
a  round  end  just  above  the  small  island  oi  Mar- 
tin Qarcia,  which  is  said  to  command  the  momha 


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Al^PBNl>IX. 


8134 


CondUton  of  South  America. 


of  all  the  rirers  which  unite  a  little  to  the  north* 
west  of  it,  and  pour  their  waters  into  the  La 
Plata.  At  present  this  island  is  tininhahtted, 
and  seems  to  be  considered  as  of  little  other  im- 
portance than  as  a  eonrenient  place  to  procure 
paring  stones  for  the  city  of  Bnenos  A^res. 

On  the  shore  of  the  Banda  Orient|iI,iust  with- 
in Cape  St.  Maria,  is  the  port  of  Maldonado. 
The  harbor  is  chiefly  formed  by  the  small  island 
of  Gk>rette.  There  are  six  or  seven  fkthoms 
water  within  it,  but  it  is  not  of  easr  access,  ex- 
cept for  small  vessels;  those  drawing  eighteen 
feet  or  more  mast  enter  by  a  crooked  channel  to 
the  westward  of  the  island.  Next  abore  Ma^ 
doaado,  on  the  same  side,  Is  Monteyideo.  It  is 
a  tolerably  ^ood  harbor  for  stich  vessels  as  can 
eater,  but  it  has  not  more  than  fourteen  feet 
of  water  within  the  cove.  The  ensenada  de  St. 
Lucia,  above  Montevideo,  has  about  eighteen 
feet  or  water  at  its  mouth,  but  furnishes  no  har- 
bor. The  Rio  las  Conchas,  whose  mouth  is  in 
the  territory  of  Buenos  Ayres,  just  below  the 
I^raffuay,  is  entered  by  vessels  of  ten  or  twelve 
ftet  draught  of  Water,  and  fbr  such  it  affords  a 
|ood  harbor.  The  cit  jr  of  Buenos  Ayres  is  itself 
situated  on  a  long,  straight  reach  of  the  coast  of 
the  La  Plata,  and  the  vessels  trading  or  belong- 
ing there  lie  out  from  two  to  seven  or  eight  miles 
fVom  the  shore,  in  a  bleak,  unsheltered  roadstead. 
The  ensenada  de  Barragan,  or  the  mouth  of  the 
creek  of  Barragan,  below  Buenos  Ayres,  affords 
a  harbor  for  ves^ls  of  about  twelve  feet  draught 
of  water.  Except  these,  the  only  security  Tor 
any  ressel,  anywhere  within  the  Rio  de  la  PlaU, 
is  ner  ground  tackle. 

Passing  the  island  of  Martin  (Tarcia,  and  as- 
cending the  TJruffuay,  on  tide,  by  a  broad  and 
bold  navigation  fifty-four  miles,  the  beautiful 
Rio  Ne^  presents  itself,  entering  fVom  the 
(Mscward.  This  limpid  stream,  whose  waters, 
collected  from  the  pasture  ground  and  groves, 
beset  with  saivapanlla,  of  the  Banda  Oriental, 
are  pleasant  to  the  taste,  and  said  to  be  for  many 
cases  medicinal,  is  navigable  fbr  all  vessels  that 
can  pass  orer  the  bar  in  the  La  Plata,  as  far  as 
Capilla  Nneva,  about  forty  miles  fVom  its  mouth, 
where  the  capital  of  the  country,  now  callea 
Fariflcation,  has  not  long  since  been  fixed.  This 
river  hides  its  head  in  the  Cerro  de  Lascano, 
nearly  three  hundred  miles  farther  up^  and  is 
said  to  be  niivfgable  for  boats  some  distance  above 
Parification.  . 

Retttrain|^  to  follow  up  the  Uruguay,  it  is 
found  to  amyrd  an  easy,  uninterrupted  naviga- 
tion as  far  as  St.  Antonio,  or  Salta  Chico,  more 
than  two  hundred  miles  above  its  mouth,  to 
which  place  the  Cbvemment  of  Buenos  Ayres, 
in  the  year  1810,  sent  several  launches,  of  many 
tons  burden,  laden  with  provisions  and  munitions 
of  war  fat  its  army  then  stationed  there;  and  I 
have  understood  that  it  is  navigable  to  Capilla 
St.  Pero,  a  hundred  miles  still  further  up ;  thence 
the  stream  Is  uncommonly  rapid  fbr  more  than 
three  hundred  miles,  to  where  it  receives  the  Rio 
Pepry  from  the  west^  and  iu  right  bank  forms 
the  boundary  of  Brazil;  thence,  about  fifty  miles 


fhrther,  it  is  met  by  the  Rio  Vermejo  from  the 
east ;  and  from  thence  to  its  source,  in  the  Sierra 
de  Sta.  Catherina,  opposite  the  island  of  St. 
Catherine,  on  the  coast,  a  distance  of  about  two 
hundred  and  fifty  miles,  it  passes  wholly  within 
the  Portuguese  dominions.  The  general  course 
of  this  river  is  nearly  northeast ;  and  its  whole 
length,  travelling  with  its  course,  may  be  esti- 
mated, from  its  source  to  its  mouth,  at  little  short 
of  one  thousand  miles. 

Immediately  opposite  to  the  island  of  Martin 
Garcia,  within  a  space  of  about  forty  miles,  the 
great  nver  Paraguay  pours  its  mighty  collection 
of  waters  into  the  Rio  de  la  Plata  through  seven 
mouths,  of  which  Brazo  de  la  Tinta,  on  the  left, 
enters  the  Uruguay  from  the  west,  and  the  Boca 
db  las  Palmas,  on  the  right,  enters  the  La  Plata 
on  a  line  with  its  western  coast,  just  abore  the 
Rio  de  Lujan ;  but  the  chief  opening,  and  that 
which  is  most  usually  navisated,  is  the  Boca  del 
Guante,  which  presents  itself  directly  to  the  west 
of  Martin  Ghircia.  Any  vessels  which  can  cross^ 
the  three^fathom  bank  in  the  La  PlaU  below 
Buenos  Ayres  may  ascend  the  Paraguay  with 
ease  and  safety  to  Santa  Fe,  three  hundrea  miles 
to  the  westward  of  Buenos  Ayres,  which,  with 
a  fair  wind,  may  be  reached  in  t^n  or  twelve 
days ;  indeed,  it  is  said  that  such  sized  vessels 
may  ascend  as  high  as  Corrientes.  In  ascending 
the  Paraguay  from  the  mouth,  you  pursue  a 
northwest  coune,  about  two  hundred  miles,  to 
Rosario,  a  town  on  the  right  bank;  thence  north, 
one  hundred  mUes,  to  Santa  Fe,  which  is  also 
situated  on  its  right  bank,  and  just  above  its  con* 
flnence  with  the  Rio  Salado;  thence,  bending 
away  nearly  northeast,  and  ascending  about  four 
hundred  and  fifty  miles  further  up,  and  twenty 
miles  below  the  mouth  of  the  Parana,  you  arrive 
at  the  city  of  Corrientes,  situated  on  its  left  bank. 
Pursuing  the  same  course  abont  two  hundred 
miles  stUl  further  up,  you  arrive  at  the  ancient 
city  of  Assumption,  once  the  capital  of  the  whole 
country,  now  that  of  the  province  oif  Paraguay 
only;  tnence,  following  a  course  more  north- 
wardly, after  ascending  about  one  hundred  and 
fifty  miles  further  up,  3rou  reach  the  Brazil  line 
at  the  Rio  Ipane,  which  enters  ftom  the  east,  at 
the  mouth  ef  which  is  situated  the  village  of 
Nueva  Sta.  de  Belem ;  thence  rising  along  the 
stream,  in  a  direction  nearly  north,  and  having 
the  Portuguese  dominions  on  the  right,  for  a  dtsr 
tance  of  three  hundred  mile^  you  meet  with  the 
Rio  Latirequiqni,  entering  from  the  west,  neat 
the  end  of  the  Cordillera  de  San  Fernando, 
which  elevated  ranffe  of  mountains  forming  the 
boundary  of  Brasil,  the  river  becomes  wholly 
the  fight  of  the  Portuguese;  thence  pursuing 
the  same  course  for  a  distance  of  three  hundred 
miles  farther  through  the  great  oierass  of  the 
Xare3res,  you  find  the  marco,  or  marble  pyramid, 
erected  as  a  boundary  in  1754,  near  the  mouth 
of  the  Rio  Jouru ;  by  ascending  which  some  dis- 
tance, the  traders  of  the  country  carry  their  boats 
over  a  portage  of  four  thousand  eight  hundred 
yards  into  the  Guapore ;  by  descending  which  to 
the  Madeira,  and  thence  downivard,  they  reach 

Digitized  by  VjOO^ 


2136 


APPENDIX. 


2136 


Condition  of  South  America, 


the  mighty  Maranon.  About  three  hundred  miles 
farther  u^  you  find  the  sources  of  the  Parasuay 
in  the  Prisidios  dos  Diamantos;  so  called  from 
its  being  said  to  have  the  richest  diamond  mines 
in  all  Brazil,  perhaps  in  the  world.  So  that  the 
Paraguay,  in  the  whole*  extends  itself,  in  a  north- 
wardly direction,  nearly  two  thousand  miles,; 
about  fifteen  hundred  of  which  affords  good  boat 
nayi|;ation,  and  between  six  and  seven  hundred 
is  said  to  be  practicable  for  sea  vessels. 

The  principal  branch  of  the  Paraguay  is  the 
Parana ;  and,  on  entering  it.  you  ascend  in  an 
east  direction  about  two  hunared  and  thirty  miles 
to  La  Candelarie:  thence  ascending  northeast 
one  hundred  and  fifty  miles,  to  the  point  at  which 
it  receives  the  Rio  Ipane  from  the  east,  which  is 
the  boundary  of  Brazil ;  thence,  with  these  do- 
minions to  the  east,  pursuing  tne  same  course 
one  hundred  and  thirty  miles  farther  up^  and  you 
arrrive  at  the  Salta  Urande,  or  great  waterfall, 
which  interrupts  the'  further  navigation  of  this 
stream  at  the  lower  end  of  the  Ilha  Qrande,  and 
near  the  end  of  the  Cordillera  Alto  de  Maracayu, 
which  is  the  Brazilian  boundary  pn  the  right 
bank  of  the  river.  Prom  this,  the  Parana  as- 
cends, in  a  northeast  direction,  into  the  Portu- 
guese dominiooa,about  four  hundred  miles,  where 
it  is  divided  into  two  branches,  one  tne  Rio 
Grande,  which,  turning  to  the  eastward,  and  ex- 
tending about  four  hundred  miles  farther,  is  lost 
in  the  great  mountains,  about  one  hundred  and 
fifty  miles  to  the  north  of  Rio  Janeiro ;  the  other 
branch,  called  the  Parana-iva,  after  stretching 
due  north  about  three  hundred  and  fifty  miles, 
reaches  its  source  in  the  lofty  ridges  of  the  Sierra 
de  Marcella. 

Of  those  rivers  which  enter  the  Paraguay  from 
the  west,  there  are  only  three  which  jis  far  as  I 
can  learn,  merit  particular  attention.  '  The  Rio  del 
Pasage,  after  collecting  the  waters  from  the  Tal- 
ley  of  Calchioqui,  and  traversing  the  greater  por- 
tion of  the  province  of  Salta,  unites  with  the  Rio 
Tala.  and  lorms  the  Rio  Salado ;  which,  after 
windfin^  it  way.  in  a  southeast  direction,  through 
the  plams  of  Tucnman,  Santiago,  and  Cordova, 
travelliog  a  distance  of  about  four  nandred  miles, 
throughout  the  whole  of  which  it  is  said  to  afford 
boat  navigation,  slants  into  the  Paraguay  at 
Santa  Fe.  The  river  Vermj^o,  after  receiving 
the  waters  of  the  valleys  of  Tarija  and  Rosario, 
descends  to  the  western  margin  of  the  Llanos  de 
Blanso,  along  which  it  moves  past  th^  territories 
of  Jujuy  and  Salta ;  then,  turning  to  the  east- 
ward, it  crosses  those  great  plains,  and  enters  the 
Paraguay  about  fifty  miles  above  the  mouth  of 
the  Parana,  travellinff  a  distance  from  the  town 
of  Tarija  of  more  than  seven  hundred  miles ; 
and,  about  midwav  of  its  course,  receives  the 
Rio  Jujuv,  after  it  has  pursued  a  route  of  about 
two  hunared  miles  in  length  from  the  city  of 
Jujuy.  In  the  year  1790,  Colonel  Cornejo,  m  a 
boat  of  several  tons  burden,  did  actually  ascend 
the  Rio  Vermejo  as  far  as  the  town  of  Tarija, 
without  meeting  any  material  obstructions  from 
cataracts  or  ripples.  The  river  Suipacha,  after 
receiving  the  waters  of  the  St.  Juan  from  the 


salt  pampas  at  the  foot  of  the  principal  Cordillera 
of  the  Andes  to  the  north,  and  those  of  the  Rio 
del  Oro,  which  are  precipitated  from  the  same 
lofty  eminences,  to  the  south,  in  the  proyince  of 
Chicas,  and  passing  the  cra^s,  and  wilds,  and 
fertile  valleys  which  it  meets  in  a  course  of 
three  hundred  miles,  finds  itself  associatad  with 
the  branch  called  the  Pilcomayo  or  Paspayo, 
which  has  traversed  a  similar  country  for  a 
distance  of  three  hundred  miles  from  the  foot 
of  the  mountain  of  the  famed  silver  mine  of 
Potosi;  thence,  moving  on  their  joint  waters, 
they  meet  with  the  Rio  Chachimayo,  after  it  has 
descended  from  the  mountains  of  Charcas,  and 
passed  the  city  of  La  Plata  or  Chuquisaca.  at 
one  hundred  and  fifty  miles  above }  with  which 
river  they  unite  to  form  the  Pileomavo,  properly 
so  called,  near  the  eastern  end  of  the  fertile  valley 
of  Inffre,  in  which  the  warlike  Chiriguanes  In* 
dians  nave  twenty-six  villages;  from  which  the 
Pilcomayo.  entering  directly  into  the  Llanoe  de 
Manso,  ana  crossing  them  in  a  southeasterif  di* 
rection,  passing  great  numbers  of  the  habitations 
of  the  Savages  who  dwell  in  those  i^ains,  j;)oius 
its  waters  into  the  Paraguay  by  two  mouths  forty- 
miles  below  the  city  of  Assumption.  How  far 
this  river  is  practicable  for  boats  of  any  size,  I 
have  not  been  able  to  learn ;  but  I  am  inaneed  to 
believe,  from  the  description  of  the  plains  through 
which  it  passes,  that  it  must  be  navigable  a  great 
part  of  the  way* 

These  are  the  principal  paths  and  channds  br 
land  and  water ;  and  this  is  the  manner  in  whien 
the  greater  part  of  the  productions  of  this  extensive 
Union  are  transported  from  one  province  to  ano* 
ther.  or  bv  which  those  suited  for  a  foreign 
market  find  their  way  to  the  city  of  Buenos  Ayres ; 
for  the  new  Government  allows  of  no  other  port, 
either  for  exportation  or  importation.  One  of  the 
consequences  of  independence  and  union  to  oar 
country  was,  that  its  commerce,  as  well  internal 
as  external,  almost  immediately  left  many  of  iu 
foriner  colonial  courses,  and  sought  others ;  di- 
recting itself  to  points  and  along  ways  adapted 
to  the  natural  advantages  of  the  country  and  the 
best  interest  of  the  people.  Hence,  the  decline 
of  some  of  our  colonial  towns,  and  the  very  rapid 
growth  of  some  of  our  cities.  A  similar  conse- 
quence, to  a  much  greater  extent,  might  have 
been  expected  to  have  arisen  from  the  revolution 
of  the  Spanbh  colonies  on  the  river  Plata;  but 
none  such  has  yet  taken  place.  On  the  eontrarf, 
those  noble  rivers  which  nature  seemd  to  have 
poured  through  their  country  as  immense  con- 
veniences, advantages,  and  benefits,  have  been  to 
them  the  waters  of  bitterness  and  discord.  An 
attempt  was  made  to  export  and  import  from  and 
to  Santa  Fe,  which  was  so  great  an  advantage 
to  all  the  country  west  and  north  of  it  that  much 
traffic  began  to  flow  that  way.  Buenos  Ayres 
forbade  it ;  and  this  is  one  of  the  grounds  of  the 
controversy  between  Sanu  Fe  and  Buenos  Ajr* 
res.  The  people  of  the  Union  ar^  contendkg  U)r 
independence,  that  they  may,  among  their  other 
rights  and  liberties,  establish  the  frmom  of  com- 
merce, so  that  its  courses  may  be  directed  aolelf 

Digitized  by  VjOOQIC 


21S7 


APPENDIX 


2118 


Condition  of  South  America, 


and  exclusiTely  by  convenieDce,  profit,  and  ad- 
rantage.  If  commerce  be  dragged  away  from 
courses  so  chosen,  it  is  a  monopoly;  and,  al- 
though it  may  not,  in  some  respects,  be  as  per- 
nicious as  that  of  Cadiz,  it  is  a  monopoly.  One 
of  the  consequences  of  tne  present  strife  to  Bue- 
nos Ayres  is,  that  it  can  procure  not  a  sinsle  stick 
of  that  necessary  article,  timber,  with  which  the 
banks  of  the  rivers  beyond  the  La  Plata  abound ; 
but  is  supplied  from  Cordova  by  its  carts,  or 
timber  is  brought  from  Brazil,  or  the  United 
States;  in  which  cases,  it  is  admitted  free  of 
duty,  and  is  said  to  y[\e\a  a  good  profit,  such  are 
the  present  high  prices  of  timber  in  this  new 
country. 

The  aggr^te  amount  of  the  imports  of  Buenos 
Ayres,  within  the  last  two  or  three  years,  has 
b€«ii  estimated  at  about  eight  millions  per  an- 
num ;  of  this  amount,  about  one-half  consists  of 
British  manufactures,  and  productions  of  one 
kind  or  other ;  and  the  rest  is  made  up  principally 
of  French,  German,  and  India  jg^oods  of  various  de- 
scriptions and  a  small  proportion  of  the  manufac- 
tures and  productions  of  the  United  States.  The 
principal  of  our  commodities  which  found  their 
way  to  advantage  to  Buenos  Ayres,  seem  to  be 
cordage,  pitch,  tar,  salt  fish,  furniture,  Windsor 
and  Tuali-bottom  chairs,  rice,  butter,  spermaceti 
candles,  porter,  ale,  cider,  gin,  peach  brandy, 
writing  paper,  plank,  and  some  other  articles  that 
I  may  have  omitted.  But  latterly  our  trade 
thither  has  been  very  limited,  and  has  consisted 
rather  in  carrying  the  goods  of  European  and 
Indian  continents  for  the  purpose  of  procuring 
the  few  articles  we  want  from  them,  than  its 
being  a  market  for  our  productions  of  any  sort. 

The  exports  of  Buenos  Ayres  for  some  years 
past  have  been,  it  is  said,  on  the  decline.  Dur- 
ing the  last  year,  they  have  been  thus  estimated ; 
it  has  exported  one  million  of  hides  of  all  descrip- 
tions, which,  valued  on  an  average  at  three  dol- 
lars each,  makes  three  millions  of  dollars;  it  is 
computed  to  have  made  up  three  millions  more, 
of  tne  following  articles:  tallow,  horns,  horse 
hair,  jerked  beef,  copper,  tin,  lead,  chinchilla 
skins,  nutria,  lion,  tiger,  wild  dog,  seal,  swan,  vis- 
cacha,  and  sheep  skins ;  sheep,  vecuna,  and  gu- 
anaca  wool,  and  feathers,  with  some  few  others 
of  less  value,  or  that  are  produced  in  smaller 
quantities.  And  the  balance,  consisting  of  two 
milh'oos,  it  is  said,  has  been  made  up  by  specie 
derived  from  the  mines  of  the  hi^h  province^, 
and  from  Chili,  in  return  for  the  foreign  manu- 
factures sent  thither  by  the  way  of  Mendoza,  and 
in  payment  for  its  matte,  and  by  various  other 
ways  and  means. 

The  Spanish  settlers  in  America  have  every- 
where discovered  a  disposition  to  group  themselves 
together  in  towns  and  cities.  It  is  rare  to  meet 
m  country  gentleman  resident  on  his  estate,  or  to 
find  a  wealthy  land  owner,  who  has  not  a  house 
in  the  city,  which  is  his  usual  place  of  abode ; 
from  which  his  chacaras  and  estancias.  that  is, 
his  grain  and  grazing  farms,  committea  to  the 
care  ofpeasants  or  slaves,  are  occasionally  vis- 
ited.   The  reason  of  this  mode  of  life,  it  is  said, 


arises  from  the  inertia  of  the  Spanish  halKts. 
The  owner  commits  the  care  of  his  estates  to  his 
slaves,  or  makes  them  grazing  farms,  which  re- 
quire little  attention,  that  he  may  lounge  away 
his  time  in  a  city,  with  every  convenience  about 
him,  and  enjoy  those  long  intervals  of  repose  of 
which  a  Spaniard  is  so  fond.  But  the  modern 
E|:yptian  and  the  modern  Greek,  whose  coun- 
tnes  were  once  the  busy  hives  of  industry,  and 
the  lands  of  enterprise  and  science,  are  as  inert 
and  as  fond  of  repose  as  the  modern  Spaniard ; 
may  we  not,  then,  suppose  the  cause  of  this  love 
of  repose  to  have  been  the  same  in  all  ? — the  he- 
betatmj^  political  and  ecclesiastical  institutions, 
whose  impressions  have  been  with  fire  and  sword, 
and  fagot,  cut  and  branded  upon  them  all  ?  But, 
whatever  may  have  been  the  cause,  such  is  the 
fact,  that  the  more  wealthy,  intelligent,  and  bet- 
ter sort  of  people  are  universally  found  in  the 
cities  and  the  towns.  The  best  and  ftiirest  sam- 
ple of  the  population  of  the  Union,  it  is  said,  is 
to  be  found  in  the  city  of  Buenos  Ayres ;  and 
there  are  some  circumstances  which  render  the 
assertion  not  improbable.  That  city,  almost  ever 
since  its  foundation,  has  been  a  seat  of  Govern- 
ment, and  the  emporium  of  all  the  foreign  com- 
merce of  the  country ;  the  people  have  had  much 
intercourse  with  foreign  nations;  and,  of  late  years 
particularly,  they  have  had  the  means  of  infor- 
mation poured  in  upon  them;  and  they  have, 
from  every  account,  profited  bv  it  very  much. 
They  are,  in  general,  very  intelligent,  and  very 
unanimous  in  their  determination  to  support  their 
independence,  and  to  establish  their  freedom. 
The  lower  classes  have  materially  benefited  by 
the  change,  and  they  are  perfectly  sensible  of  the 
happy  results.  With  very  few  shades  of  differ- 
ence, however,  the  population  of  the  great  cities 
and  principal  towns  of  Buenos  Ayres,  Montevi- 
deo, Mendoza,  Santa  Fe,  Cordova,  Salta,  Tucu- 
man,  Jujuy,  Corrientes,  Assumpcion,  Potosi,  Chu- 
quisaca,  dtc.,  are  all  alike  as  to  intelligence  and 
general  information.  In  the  cities  are  found 
the  great  body  of  the  leading  and  influential 
citizens  of  the  Union,  and  their  numbers  are 
by  no  means  inconsiderable,  who  have  given  an 
impulse  to  public  opinion,  and  have  kept,  and 
will  keep,  the  ball  of  the  revolution  in  motion 
until  the  great  end  be  accomplished  of  independ-  % 
ence  and  substantial  freedom.  • 
The  herdsmen  or  peasantry  of  the  pampas 

Sains  form  a  very  considerable  proportion  of 
e  population  of  the  country.  Thinly  strewed 
over  the  great  pastures,  those  residing  at  a  dis- 
tance from  the  cities  have,  most  commonly,  each 
one  the  charge  of  an  estancia,  many  leagues  in 
extent.  They  have  little  society,  are  totaUy  illit- 
erate, lead  an  indolent  life,  and  dwell  on  an  iin- 
mense  waste,  in  continual  solitude.  Their  habi- 
tations are  constructed  in  the  simplest  form;  in 
general,  they  consist  of  low  mud  walls,  thatched 
with  the  long  grass  of  the  plains,  tied  on  a  layer 
of  reeds,  with  raw  hide  thongs,  or  stuck  on  with 
mud.  In  the  pampas  a  few  peach  trees  stand 
round  about;  but  the  embudo,  one  single  one, 
and  no  more,  leems  to  be  the  herdsmanli  fitvorite 


Digitized  by 


Google 


9199 


Appun^ix. 


^4» 


CandUum  qf  Smtih  America* 


•h^de,  tnd  desiffoation  of  bis  dwelling.  The 
bedding  and  clothing  of  the  fomily,  and  the  whole 
household  furniture,  exhibit  a  scene  of  laziness 
and  dirt,  yet  mingled  with  apparent  cheerfulness, 
great  kindness,  miuch  natural  intelligence,  and 
an  evident  independence  of  character. 

From  infancy  the  herdsman  is  taught  to  ride, 
and  there  are,  perhaps^  no  more  expert  horsemen 
in  the  world;  much  riding  is  requued  by  his  sit- 
uation and  mode  of  life ;  and  to  ride  well  is  his 
pleasure  and  his  pride.  Either  from  the  custom 
of  his  Spanish  ancestors,  or  from  its  real  and  con- 
stant utility,  the  herdsman  is  never  without  a 
long  butcher's  knife,  worn  about  bis  waist.  His 
cloak  is  that  gray,  party-colored  ^vering,  form- 
erly used  by  the  natives,  which  seems  to  have 
been  universally  adapted  to  his  taste  and  conve- 
nience. The  Indians  and  the  herdsmen's  cloak, 
or  poncho,  m  it  is  called,  is  a  square  piece  ol 
cloth,  something  larger  than  a  Patch  uaakct, 
with  a  slit  in  the  middle,  through  which  the 
bead  is  put,  leaving  it  to  hang  down  all  around. 
This  poncho  is  his  bed  at  night,  and  by  day  his 
cloak,  a  belt,  a  saddle  cover,  or  a  bag,  as£uic]^  or 
necessity  may  require.  It  would  seem  as  if  sim- 
ilar circumstanceaevery  where  nude  similar  sug- 
gestions. Within  that  region  of  the  globe  desig- 
nated as  Central  Asia,  there  are  immense  steppes 
or  plains  not  materially  different  from  those 
traversed  by  the  La  Plata  and  its  rivers.  And  it 
is  said  the  Asiatic  herdsman  of  those  plains,  like 
him  of  America,  has,  from  the  most  remote  ages, 
always  used  as  a  utensil,  or  weapon,  the  lazo,  or 
running  noose,  either  to  manage  his  herd,  or  to 
auack  his  foe.  The  lazo  is  a  cord  or  thong,  made 
of  strong,  well-prepared  hide,  about  thirty  yards 
long,  with  an  iron  ring,  or  a  loop  at  one  end, 
through  which  a  running  noose  or  lazo  may  be 
made  in  an  instant ;  the  other  end  is  fieustened  to 
the  eincbo  or  board  surcingle,  which  secures  the 
saddle.  The  lazo,  hang  in  a  coil  to  the  hinder 
part  of  the  saddle,  is  thus  ready  for  use.  So  soon 
as  it  is  thrown  and  takes  effect,  the  horse,  as 
he  has  been  taught,  stands  firm  or  moves  off  with 
what  has  been  caught.  The  lazo  is  thrown  by  a 
herdsman  with  unerring  aim,  either  on  foot,  or 
on  horseback,  or  at  full  speed,  at  a  fleeing  animal 
or  retreating  foe.  The  herdsman  of  the  plains  is 
^  usually  provided  with  another  instrument  similar 
in  its  use  to  the  ^azo.  The  bola  is  an  instrument 
made  with  three  cords  of  about  three  feet  each 
from  the  knot  which  unites  them  in  the  middle; 
to  the  end  of  each  of  which  is  fitsteaed  a  ball 
of  about  two  pounds  weight.  The  bola,  with  a 
few  twirls  over  the  heaa,  is  thrown  like  a  stone 
from  a  sling;  and,  enUngUng  about  the  legs  of 
the  animal  at  which  it  is  directed,  instantly 
prostrates  it  at  the  mercy  of  the  pursuer.  And, 
whether  thrown  standing  or  at  full  speed,  the 
herdsman's  bola  seldom  ffies  in  vain.  This  in- 
strument, like  the  lazo,  is  usually  slung  to  the 
hinder  part  of  the  saddle.  Mounted,  and  thus 
equipped,  the  herdsman  is  ready  for  a  journey  of 
a  thousand  miles,  the  protection  or  the  seizing  of 
^i«  herd,  or  for  the  defence  of  his  country. 
The  European  armies  that  have  been  landed 


on  the  shores  of  the  river  Plata  have  found  the 
lazo  and  the  bola  to  be  weapons  of  war  of  a  new, 
surprising,  and  singular  oast.  Their  outposts 
often  silently  disappeared,  they  knew  not  how ; 
a  dragoon,  when  at  a  sumcient  distance,  appar- 
ently, to  be  out  of  danger  from  his  enemy,  would 
have  his  horse  suddenly^ thrown  from  under  hioL 
or  in  an  ipstant  he  himself  would  be  snatched 
from  his  seat  and  dragged  to  death.    The  Buro- 

Eean  forces  saw  the  piains  covered  with  cattle ; 
ut  none  of  the  wild  nerd  could  be  taken;  their 
chase  and  fire  frightened  them  beyond  their  reach. 
The  nakedness  of  the  counuy  was  thus  perceived 
to  be' its  chief  fastness,  and  secnrity  to  its  inhab- 
itants and  their  herds  against  foreign  invadara. 
The  wars  that  have  been  waged  in  mx  cotuubrr, 
particularly  on  the  Banda  Oriental,  have  made 
the  herdsmen  of  those  plains  as  expert  in  the  use 
of  a  gun  on  horseback,  as  of  a  lazo  or  the  bola, 
all  of  which  they  now  carry  in  their  warlike  ex- 
cursions ;  and  they  may  be  considered  as  the  moat 
formidable  guerriua  or  partisan  soldiery  that  wnu 
existed.  In  courage  they  are  inferior  to  none  j 
and  the  exploits  £at  are  related  of  their  adroit 
and  rapid  norsemanship  exceed  what  has  been 
told  of  the  Parthian,  the  Scythian,or  the  Cossack 
of  the  Don.  Such  are  the  herdsmen  of  the  paia«* 
pas  and  plains,  who  are  usually  called  gauckoaj 
an  epithet,  like  that  of  yankee,  originally  cast  on 
them  in  derision,  but  one  whi(»i  has  now  ripened 
into  a  distinctive  and  common  appellation  that 
is  no  Jooger  offensive.  The  most  active  and  efih 
cient  portion  of  the  Buenos  Ayrean  army  of  Pern, 
under  Belgrano,  is  the  ffuerriila  party  of  gauchos 
commanded  by  Colonel  Quemes. 

The  peasantry  of  the  biff  h  provinces  are,  a  great 
majority  of  them,  agriculturists,  with  the  addi- 
tion of  the  laborers  in  the  mines.  This  class  of 
the  Dopulation  of  the  Union  is  not  materially  dis- 
similar from  the  like  class  as  it  is  described  to 
exist  under  all  arbitrary  Gk>vernments.  Thev  are 
wholly  illiterate,  are  siu>erstitious  and  indolent ; 
but,  from  the  thinness  ofthe  population  and  aban- 
dance  of  the  necessaries  of  life,  this  class  has 
not  been  so  pressed  upon,  and  is  therefore  not  ao 
sordid  and  boorish  as  in  some  other  aoantriei ; 
they  are  cheerful,  docile,  active,  and  extrefoely 
susceptible,  and  desirous  of  improvement. 

Of  those  three  classes  of  population  it  moat  be 
observed  that  each  has  evidently  been  mii^led 
and  discolored  with  Indian  blood.  The  city  cms 
least  of  any ;  but  the  gauchos  are  a  third  or  a  iialf 
of  Indian  descent;  and  the  husbandmen  of  some 
of  the  cultivated  valleys  of  the  high  provinces 
have  the  appearance  of  being. little  else  than  the 
civilized  descendants  of  the  aborigines. 

There  were  at  the  commencement  of  the  rev- 
olution a  considerable  number  qf  slaves  in  the 
Union,  of  the  Indian  or  African  race.  Bat  sla- 
verv  has  been  abolished.  The  negroes  have,  gen- 
erally, been  transferred  from  domestic  slavery  to 
the  ranks  of  the  army,  into  which  about  ionr 
thousand  have  been  enlisted ;  the  half  of  which 
were  sent  to  Chili,  where  their  numbers  have  been 
reduced  nearly  half.  Some  were  sent  to  carry  on 
the  war  against  Artigas,  and  have  been  much  cut 


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AP5PBKDIX. 


^42 


QmdUion  ^  South  America. 


up;  and  the  residue  are  quartered  in  the  city  of 
Baenos  Ayres,  where  they  are  beliered  to  make 

Sood  soldiers.    Thev«re  ased  a  guards  about  the 
irectoral  palace,  toe  hall  of  Congress,  and  the 
city. 

The  people  of  Paraguay  hate  traits  of  charac- 
ter dififeriDg  alike  from  the  citizen,  the  gaucho, 
and  the  hasbandman  of  the  high  provioces.  The 
district  of  Paraguay  was  taken  into  the  possession 
of  the  Spaniards  from  the  natives,  at' as  early  pe- 
riod, almost,  as  any  portion  of  the  viceroyalty ;  it 
has  a  ffreater  population,  in  proportion  to  its  ex- 
tent of  territory,  than  most  of  the  other  proyiaces. 
Paraguay  long  bad  the  peculiar  care  or  the  Jes- 
uits, and  has  had  all  the  benefits  of  their  spiritual 
instructions.  It  is  at  once  a  fair  sample  of  their 
skill  at  ciyilization,  and  of  the  effects  of  their  sys- 
tem, the  fundamental  maxim  of  which  was  to 
exclude  all  strangers.  The  present  ra«e  of  Para- 
guays  are  said  to  he  a  mixture  of  the  European 
Spaniards  and  natiyes  with  perhaps  more  than 
half  Indian.  They  are  remarbibly  peaceful,  and 
taciturn  in  their  temper  and  deportment.  They 
are  more  industriotis  than  the  people  of  the  other 
proyinces,  prodigiously  attached  to  their  country, 
«r  rather  the  place  of  their  nativity,  yield  a  pas- 
sive obedience  to  the  powers  that  be,  and  are 
much  averse  to  strangers,  to  ohaoges  and  new 
modes  of  every  sort.  They  are  excessively  clan- 
nish ;  when  they  have  heretofore  visited  oueaos 
Aytes,  for  the  purpose  of  trade,  it  has  been  al- 
ways remarked  that,  wherever  the  leader  of  the 
Suad  dealt,  there  ail  would  deal  and  nowhere 
se.  It  is  rare  to  meet  a  Paraguay  who  cannot 
read  and  write,  and  who  does  not  understand  the 
rudiments  of  arithmetic.  Tet  they  make  no  other 
use  of  thh  precious  acquisition  thian  to  read  some 
few  homihes,  and  to  make  notes  and  keep  ac- 
counts of  their  little  dealings.  They  n^ver  apply 
it  to  the  acquisition  of  any  useful  knowledge 
whatever.  Tneir  literature  is  merely  elementary, 
and  made  less  use  of  than  the  hieroglyphics  of 
their  pro^nitors  of  Peru«  Their  stern  religion 
or  more  rigid  habits  seem  to  forbid  them  to  strav 
from  the  precepts  inculcated  in  their  youth^  with 
so  alluring,  so  wanton*  and  so  erratic  a  gmde  as 
modern  i^ilesophy ;  lest  a  perverse  doubt,  like 
an  artful  and  suspected  stranger,  should  sednee 
them  from  the  good  old  ways  of  their  ancestors. 
The  Paraguajrsare  generally  healthy,  robust  men. 
very  abstemious  and  sober  i  the  peat  body  or 
them  are  agriculturists;  and  their  delightful  coun* 
try,  alike  suited  to  the  growth  of  the  productions 
of  the  temperate  and  tomd  zones,  supjpiies  them 
with  every  necessary,  aiR  a  variety  ot  the  Luxu* 
ries  of  life.  They  manufacture  much  within 
themselves,  get  scarcely  anything  from  abroad, 
and  have  little  intercourse  with  the  rest  of  the 
irorld.  It  is  a  question  which  future  experience 
must  solve,  whether  the  gay  and  docile Jbui  illit- 
erate husbandman  of  the  Andes,  or  the  Paraguay 
agriculturist,  with  his  smattering  of  letters  and 
his  Jesuit  habits,  shall  rise  most  rapidly  from  the 
obscurity  of  his  colonial  condition,  and  profit 
most  by  the  revolutionary  changes  now  in 
progress. 


This  country  and  these  people,  whose  extent, 
situation,  and  character  I  have  endeavored  clear- 
ly, concisely,  and  fairly,  to  delineate,  were  gov- 
erned by  the  Spanish  power  with  the  coarse  ma- 
chine of  monarchy,  and  according  to  its  few  and 
simple  principles.  The  first  magistrate  of  Buenos 
Ay  res  was  the  viceroy,  who  was  appointed  by 
the  King  of  Spain ;  and  this  viceroy  governed 
ail.  overruled  all,  and  commanded  all,  civil  and 
military,  but  the  Kin£  his  master.  The  mem- 
bers of  the  supreme  tribunal  of  justice,  called  the 
royal  audience,  were  also  appointed  by  the  King. 
And  all  the  other  officers  of  tne  Government  wm 
appointed  b^  the  viceroy  or  the  King,  or  sold  by 
him,  responsible  to  him  alone,  and  removable  only 
at  his  pleasure. 

Whenever  the  population  of  a  district  of  coun- 
try increased  to  such  a  number  as  to  require  it, 
or  it  was  otherwise  thonght  worthy  of  the  honor, 
it  was  laid  off  into  what  was  called  a  province,  or 
jurisdiction,  and  a  Governor  appointed  over  it: 
and  if  the  population  was  increased  and  condensed 
into  a  town,  or  its  inhabitants  had  influence  with 
the  viceroy,  or  the  viceroy  thought  a  spot  suitable 
for  a  town,  it  was  laid  out  as  such,  and  declared  to 
be  a  city ;  and  a  tribunal  called  a  Cabildo  was  or- 
ganized for  the  regulation  of  its  police,  and  the  ad- 
ministration of  justice  within  it,  and  a  certain  dis- 
trict round.  Thisayuntamiento,  Cabildo,  orcorpo- 
ration,  was  composed  of  from  six  to  twelve  mem- 
bersj^dled  regidiors,  aeeordinj§;  to  the  sizeof  the  city. 
The  Governor  of  the  province  was,  ex  officio. 
President  of  the  Cabildo,  with  power  to  control 
or  overrule  its  ordinances  or  aecisions.  in  like 
manaer  as  the  viceroy  could  those  of  tne  royal 
audience,  whenever  he  chose  to  take  his  seat,  and 
act  as  president.  The  office  of  regidor,  like  most 
others  in  the  Spanish  Government,  was  venal ; 
the  price  paid  for  it  in  Chili  was  about  five  hun- 
dred dollars ;  and  I  have  reason  to  believe  that 
in  Buenos  Ay  res  it  was  valued  at  about  the  same ; 
it  was  held  lor  life.  Besides  those  to  be  had  in 
the  market,  there  were  ^nerally  four  other  regi- 
dora.  residents  of  the  city,  who  were  appointed 
by  tne  viceroy.  The  alguacils,  or  sherifis,  and 
bailifi  of  this  tribanal  were  venal,  bought  and 
sold  at  a  given  price,  like  any  other  merchantable 
coBMHodity  of  the  Spanish  dominions.  It  is  of 
these  jurisdictions  the  present  provinces  of  the 
Union  have  been  aoastituted ;  and  the  Cabildos, 
thus  organized,  and  which  were  continued  by 
traffic,  and  the  Chief  Magistrate  of  the  Union, 
for  the  time  b^ng,  until  the  preeent  form  of  gov« 
erament  was  adopted,  are  the  soufees,  with  nttle 
variatcoo,  whence  sprang  the  existing  Congress. 

Besides  these,  there  were  appointed  in  districts 
too  extensive  for  justice  to  be  eeavenientiy  ad- 
ministered by  the  Governor  or  the  Cabildo/nlla^e 
oteoutttryaloaldei^orterritorial  justices.  Theju* 
rtadictionof  these  officer8,however,extended  only 
to  petty  matters,  or  (he  ap^ehension  of  offenders ; 
they  were  a  sort  of  justices  of  the  peace.  In  ad* 
dition  to  these,  there  was,  in  the  cities  of  Buenos 
Ay  res  and  Montevidea  a  tribiual  called  the  ecsa* 
suladO)  invested  with  jurisdiction  in  commerciai 
affiiirs  only,  bom  which  there  might  be  an  appeal 


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APPENDIX. 


2144 


OondUion  of  South  America. 


to  the  viceroy.  These  were  the  civil  tribunals, 
into  which  the  colonist  entered,  with  his  purse 
in  one  hand  and  his  documents  in  the  other,  to 
seek  protection  and  right,  and  to  obtain  redress 
against  the  wrongdoer. 

The  riffht  of  patronage  to  all  ecclesiastical 
benefices  belonged  exclnsiyely  to  the  Kin^;  but 
it  is  said  there  are  a  few  unimportant  livings  in 
Buenos  Ayres  in  the  gift  of  individuals.  All 
ecclesiastical  affairs  were  cognizable  only  before 
the  spiritual  courts,  of  which  each  bishop  had 
one,  composed  of  tbe  bishop  himself,  the  fiscal, 
'proctor,  or  lawyer,  and  the  provisor.  These  tri- 
Dunals  also  were  subject  to  the  control  of  the 
viceroy. 

But  there  was  one  tribunal  which  bore  sway 
over  all,  and  that  was  the  tribunal  of  the  holy  in- 
quisition, which  had  the  power  to  fine,  confiscate, 
imprison,  hang,  or  burn,  for  the  offence  of  which 
the  accused  was  convicted  by  it.  The  two  vice* 
royalties  of  Baenos  Ayres  and  Chili  were  subject 
to  the  holy  inquisition  of  Lima,  which  tribuaml 
tppoiated  its  commissioners  in  those  two  vice* 
royalti^,  who  furnished  it  with  information,  had 
its  process  executed^  and  the  accused  sent  forward 
for  examination,  trul,  and  suffering. 

There  was  90  tribunal,  or  any  officer  of  any 
description  whatever,  emanating  from  the  people, 
or  appointed  by  them,  or  responsible  to  them, 
either  directly  or  indirectly,  in  any  manner. 
There  was  not,  in  the  whole  country,  one  single 
popular  meeting  allowed  of,  except  at  church  for 
worship  i  or  any  such  thing  known  as  a  legal  and 
standing  congregation  of  men,  gathered  from  the 
p«ople  tor  any  purpose  whatever.  Of  all  the  va- 
rious formal  and  infonnal  means  of  which  the 
people  of  our  country  have,  at  different  times, 
availed  themselves^  to  make  an  expression  of  their 
collected  and  united  voices,  not  one  of  them,  or 
anything  of  the  sort  ever  appears  to  have  been 
known  in  Buenos  Ayres  before  the  revolution. 
The  people  of  that  country  appeared  to  have 
been  governed  with  so  toul  a  disregard  to  their 
will,  or  with  so  watchful  a  determination  that 
their  voice  should  not  be  heard  in  any  way,  that 
they  seemed  to  be  strangers  to  the  methods  by 
which  it  may  be  collected  and  expressed  to  ad* 
vantage,  or  not  to  have  estimated  them  as  they 
ought.  The  viceroy,  with  a 'suitable  number  of 
miliury  coadjutors  and  underlings,  took  chargpe 
of  the  person  and  property,  and  the  holy  inquisi-* 
tion,  by  iu  commissioners,  had  the  curacy  of  the 
mind  of  the  humble  colonist ;  which  isdependcat, 
irresDonsible,  and  holy  officers  of  the  royal  power, 
could  only  be  rendered  merciful,  oi  flexible,  or 
just,  bv  the  secret  but  potent  operations  of  tangi* 
hie  gold.  The  sword  of  the  mUitary  and  fagot 
of  the  church  thus  executed  the  will  of  the  Mon- 
arch;  no  one  dared  resist;  complaint  was  never 
heard ;  the  colonist  submitted  in  silence,  and  suf 
fered,  and  groaned  inwardly. 

The  Spanish  colonial  Qovemmeot  of  Buenos 
Ayres  was  of  a  charaeter  calculated  to  blight 
every  hope  of  freedom,  and  make  men  passive 
and  calm. ,  Hence,  the  people  of  those  provinces 


did  not  begin  their  revolution  in  opposition  to  the 
oppressions  of  the  mother  country.  They  were 
not  excited,  like  those  of  the  United  States,  first 
to  make  head  against  the  arbitrary  attempts  of 
tbe  parent  State,  to  claim  their  privileges,  to  de- 
clare their  independence  and  to  resume  a  Gbvem* 
ment  which  had  been  abused  by  their  transatlan- 
tic rulers.  It  was  not  until,  by  the  great  agita- 
tions of  Eujrope,  the  gripe  of  the  colonial  power 
was  loosened ;  until  after  the  hand  of  the  Mon- 
arch had  been  by  those  struggles,  for  a  time,  taken 
off,  that  the  colonists  began  to  think  and  feel  as 
men ;  not  until  after  the  |)eople  on  the  shores  of 
the  La  Plata  had  been  visitea  by  a  portion  of  the 
wars,  and  the  blaze  of  those  political  conflicts  of 
Europe,  that  they  were  aroused,  and  excited  to 
seek,  and  to  endeavor  to  obtain  and  defend  their 
own  long  lost  rights. 

The  British  Gfovernment,  for  a  long  time  past, 
appear  to  have  had  a  very  strong  disposition  to 
obtain  a  station  or  plant  a  coloy  on  the  shores  of 
the  La  Plata.  So  early  as  the  jrear  1740,  the 
project  was  proposed,  and  the  subject  discussed* 
At  the  peace  of  Pari^  in  1763,  the  subject  was 
renewed,  and  the  value  of  such  an  acquisition 
muclk  urged.  In  the  latter  end  of  the  year  1805, 
the  expedition  under  Sir  Home  Popham  made  a 
formal  attack,  with  a  view  to  obtain  possession 
of  Buenos  Ayres,  but  was  driven  back.  And  the 
disgraceful  and  unfortunate  expedition  under 
General  Whitelocke^  in  the  year  1807,  appears 
to  have  quieted  British  notions  of  adding  to  their 
transmarine  possessions  in  that  quarter.  At  pres- 
ent, the  British  are  pursuing  with  avidity  a  free, 
peaceful,  and  lucrative  commerce,  where,  by  their 
repeated  wishes  and  attacks,  they  have  failed  in 
establishing  conquest  and  monojpoly.  These  at- 
tacks of  the  English  gave  the  first  shock  to  the 
colonial  establishments  of  Buenos  Ayres. 

In  the  month  of  July,  in  the  year  1807,  a  French 
Qovernment  vessel  arrived  in  the  river  Plata, 
with  the  intelligence  that  the  old  dynasty  of  the 
mother  country  had  been  pushed  from  the  throne, 
and  Joseph  Bonaparte  declared  King  in  the  place 
of  a  Bourbon.  Liniers,  the  then  viceroy  of  Bue- 
nos Ayres  wished  to  recognise  the  new  King, 
and  induce  the  people  to  acquiesce  in  the  chauffe. 
This,  notwithstanding  all  their  sufferings  under 
the  Bourbon  line,  they  refused  to  do,  drove  Lin- 
iers from  power,  and  declared  their  adhesion  to 
the  old  dynasty,  and  to  what  they  conceived  to 
be  tbe  cause  of  their  country.  In  this  state  of 
things,  Cisneros  came  out  from  Spain,  commis- 
sioned by  the  Junta  q§  Cadiz  as  viceroy,  and 
resumed  the  reins  of  Government.  Thus  the  old 
order  of  things^  after  having  received  a  rude  shock 
from  the  English,  was  thrown  entirely  into  con- 
fusion. The  British  and  other  foreign  traden^ 
finding  the  old  opposition  removed  or  paralyzed, 
poured  into  the  country;  and  the  people,  during 
these  agitations  and  changes,  began  to  perceive 
and  to  feel  that  a  free  commerce  brought  with  it 
considerable  advantages ;  that  there  were  many 
abuses  to  reform ;  and  that  there  was  in  fact  qq 
power  in  Spain  which  could  be  said  to  represent 
the  Bourbon  King,  to  whom  they  still  were  de- 


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AWBNBIX. 


21U 


Ckmdition  qf  Sotmth  America. 


ternined  to  adkere,  notwithstMidiDf  ail  thef  bad 
experienced  and  saffered. 

iQ  eoDseqoeooe  of  these  agitations,  to  advise 
for  the  best,  and  restore  harmonjr,  a  Jonta  was 
eoavened  in  Baenos  Ayres,  composed  of  some  of 
the  principal  persons  of  that  city,  and  their  Ca^ 
biido.  And  on  the  25th  May,  1810,  this  Junta 
determined  to  take  the  Qovemment  into  their 
own  hands  until  a  Jaata  could  be  called  and  con- 
Tened  composed  of  representatives  from  the  other 
provinces,  into  whose  hands  it  shonld  then  be 
'eommitted^  until  Spain  shoul<Pso  far  recover 
f^m  its  misfortunes  as  to  be  able  to  do  justice  to 
itsd^  and  to  redress  the  evils  in  the  administra> 
lions  of  its  colonies.  Accordingly,  Cisneros  was 
stripped  of  all  power,  and  permitted  to  depart  in 
peace  for  Earope.  This  day  is  called  the  com* 
mcDcement  of  the  revolution,  and  it  is  now  noted 
among  xhtfietiaa  eMcaa  of  the  country,  as  the 
day  on  which  "the  people  of  the  United  Prov- 
ides of  the  Rio  de  k  Plata  were,  by  a  singular 
pr«videace|  delivered  from  the  slavery  'which 
the  Americaas  had  suffered  lor  three  hondred 
years"— iis  the  day  ^  the  political  regeneration  of 
those  provinces,  by  the  free  use  of  the  rights  of 
»an,  of  which  they  had  bean  despotically  de- 
prived by  the  Spainards  since  the  conquest  of 
both  Ainerioas."  There  was  still  a  hope  or  an 
eSpectatioo,  howaver,  that  harmony  and  a  anion 
of  sooAe  sort  might  some  day  be  restored  betweea 
them  and  the  mother  country,  campatible  with 

Siieir  freedom  and  sel^^^emment ;  which  firee- 
om^  from  that  dav,  it  became  the  wish  and 
datermiaatioa  of  all  good  men  to  endeavor  to 
certain. 

With  this  resolution  to  establish  a  free  govcra- 
aaent  of  their  owa,  if  possible,  constantly  pres- 
ent, and  operatin jT  on  the  minds  (^  a  great  and 
increasing  roajonty  of  the  people,  the  cause  has 
been  pushed  forward  with  improving  experience 
and  brightening  l^hts,  amidst  intrigues,  and  ^o- 
tioae,  and  superstition,  and  oogry  passions,  from 
a  beginning  where  even  rudiments  were  to  be 
collected  along  a  curious,  crooked,  and  wavering 
line,  to  the  present  point,  at  which  the  peo^e 
have  finally  resolved  on  independence,  and  totally 
venounced  all  prospect  of  returning  to  their  alle- 
flianca  to  Spain.  This  declaration  of  indepen- 
3nice  was  made  by  the  Congress  at  Tucuman, 
on  the  9th  day  of  Joly,  in  the  year  1816;  and  in 
tbe /Setlatf  ctptcoa  of  the  country  it  stands  noted 
aa  the  declaration  oi  their  absolute  independence, 
^JDe  la  thelaraeioH  d$  tmetira  abaohOa  indepm- 
dmioia.^^  At  this  point  the  people  now  are  where 
tfany  seem  to  be  much  more  dbposed  cakaly  to 
MivestlMite,  to  learn,  and  impartially  to  detide, 
than  their  present  rulers  are  willing  to  indulge 
the  freedom  of  their  speculations.  1  shall  barely 
skmoh  out  the  path  or  this  revolutkm  from  point 
to  point  so  far,  leaving  the  causes  by  which  it  has 
been  impelled,  and  the  obstacles  by  which  it  has 
been  checked,  to  be  more  folly  collected  aad  un- 
derstood from  the  history  of  the  times,  except  so 
mtieh  as  may  be  immediately  necessary  for  the 
elucidation  of  the  present  state  of  things. 
After  Oisneros  wis  displaced  from  the  Vice- 1 
15th  Con.  1st  Sess.— 68 


royalty,  in  the  year  1810,  and  compelled,  with 
some  of  his  adherents,  natives  of  Spain,  to  em- 
bark for  Europe,  a  Junta  of  seven  was  formed, 
aad  a  Qeneral  Congress  was  called.    The  Cabll- 
dos  of  the  provinces,  favorable  to  the  cause  of 
self-government,  appointed  deputies,  who  assem- 
bled in  Buenos  Ayres  in  the  month  of  March  6f 
the  followioff  year;  and,  after  a  deal  of  alterca- 
tion, were  admitted  as  members  of  the  Junta  Pro- 
visional, of  whom  the  historian  Dean  Fusel, 
from  Cordova,  was  one.    A  person  named  Saa- 
vedra,  by  intriguing  with  the  sturdy  and  freo> 
spirited  gauchos  of  the  pampas  of  Buenos  Ayres, 
obtained  their  countenance  and  aid,  by  which 
means,  on  the  dth  of  April  of  the  same  year,  he 
effected  a  change  in  the  organization  of  the  ruling 
power,  and  another  set  of  men  were  placed  at  the 
helm;  which  channe  is  distinguished  by  the  name 
of  Saavedm's  reToTuticm.    On  the  9th  of  Octo(>er 
following,  this  ruling  party  was  suppressed,  nmay 
of  its  members  imprisoned  or  banished,  and  a 
new  one  formed  and  placed  at  the  bead  of  aflEbirs, 
otUed  the  triomTirate.    The  first  triumvirs  w«re 
Chicklana,  Dr.  Pasos,  and  Samiea,  with  Rivida- 
via  as  secreury,  all  of  Buenos  Ayres»    This  tri^ 
omvitate  gave  a  new  impulse  to  political  nfeove- 
ments,  atid  caused  great  chanflcsin  the  opinie^ 
ci  the  people:  "instead  of  foflowinff  the  public 
opinion  for  the  independence  and  Imerty  of  the 
people,  it  took  the  opinion  of  parties  who  sought 
to  govern  according  to  the  interest  of  each  me^ 
tion."    Hence  jealousies,  sa^cioos,  fears,  and 
rivalships,  were  then  sown,  which  havecontinved 
to  rankle  and  grow  from  that  to  this  time,  and 
are  not  likely  soon  to  be  eradicated.    One  of 
them,  Saratea,  vras  sent  to  take  the  command  of 
the  patriot  army  at  Moatevideo,  in  the  Banda 
Oriental,  and  had  not  been  there  long  before  he 
and  Jos6  Artigas,  who  aov^  commands  that  por- 
tion of  the  gaucho  population,  quarrelled.    Artl- 
gaa,  being  apprized  in  time  of  an  attempt  that 
wift  to  be  made  on  his  person,  fled  to  the  plains, 
Was  soon  followed  by  ail  the  Orientals,  aad  has 
been  at  war  with  Buenos  Ayres,  except  at  shait 
intervals,  ever  since.    Rividavia  filM  the  seat  of 
Saratea  from  the  10th  o£  Marck  1812,  or  therea- 
bouts, until  the  26th  of  May,  when  Pueyrredoa, 
the  present  Director,  arrived  from  the  army  in 
the  high  provinces  as  his  successor,  and  Rivida*- 
via  resumed  his  station  as  secretary  until  the 
month  of  July  following,  when,  owing  to  some 
mitanderstaoding^  among  the  rival  chid&.  Ohiei»> 
lana  was  expelled  with  diimrace,  aud  Rividwia 
reinstated  as  a  triumvir.    This  Rividavia  is  said 
to  be  a  man  o#  talents.    He  is  now  in  France; 
and  his  object  in  visiting  ikirope  is  said  to  have 
been  to  ascertaia  the  feefiDgs  of  the  monarch*  of 
the  old  world  toward  the  provinces  of  the  new, 
which  were  struggling  for  independence ;  to  see 
if  the  combined  potentates  could  be  propitia^ted, 
by  concessions  or  otherwise,  to  mercy  and  for- 
beamnce ;  whether  tlie  ansry  principles  by  which 
they  had  been  united  would  induce  them  to  make 
an  effort  of  their  strength  on  this  side  of  the  At- 
lantic against  the  rising  principles  of  reform ;  or 
whether  they  would  be  governed  and  divided  by 


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APPENDIX. 


214$ 


Qm^Uion  of  South  America. 


a  ntiooal  ri^w  of  their  interests  as  regards  the 
regions  of  the  new  world. 

Uq  the  9tb  of  October  of  the  same  year  (1812) 
the  Moreno  faction  overturned  the  triumvirate, 
and  seized  on  the  reins  of  Government.  The 
Doctor  Moreno  who  headed  this  faction  was  a 
man  of  a  very  fine  and  highly  cultivated  uoder- 
standing.  He  died  soon  after,  on  his  passage  to 
Bngland.  The  chiefs  of  this  party  were  Larea, 
Lastelle,  Pena,  Asquinaga,  Vieytes,  and  Posados, 
who  effected  the  revolution  by  the  assistance  of 
Jos^  San  Martin,  now  the  commander-in-chief  of 
the  united  army  of  the  Andes  in  Chili;  and  Charles 
Alvear,  who  was  then  the  colonel,  and  lieuten- 
ant colonel  of  a  reffiroent  of  cavalry  stationed  in 
Buenos  Avres.  Major  Zapiola  and  Captain  ^a- 
rasabel,  or  this  regiment,  being  ordered  by  its 
commander  to  seize  or  destroy  rueyrredon,  then 
a  triumvir,  now  the  Director,  repaired  to  his  house, 
and  searched  for  him  with  naaed  weapons ;  ana 
it  is  said  he  narrowly  avoided  assassination,  and 
effected  his  esea^  in  disguise,  and  was  finally 
saved  by  remaining  some  time  concealed.  Of 
this  party,  Pena,  Paso,  and  Jonte,  were  declared 
to  be  the  ruling  Junta,  of  which  Pena  was  pres- 
ident. He  was  after  some  time  displaced,  and 
socceedcd  by  Rondeau,  who  continued  in  office 

until  the  month  of ,  when  he  went  to  take 

command  of  the  army  in  the  Banda  OrienuL  On 
representing  the  inconveniences  attending  an  ex- 
ecutive Junta,  composed  of  three  members,  to  the 
Congress,  that  body  formed  a  single  executive, 
and  rosados  was  elected  by  it  as  Director,  in  De- 
cember, 1813,  and  continued  one  year  in  office ; 
when  Lieutenant  Colonel  Charles  Alvear  was 
elected  by  the  Congress  to  succeed  him.  This 
Alvear  was  a  man  of  a  bold,  unbridled  temper  and 
dbposiiion.    He  had  been  appointed  by  the  Con- 

Sess  to  the  army  of  Peru ;  but,  beioe  rejected  by 
e  inferior  officers,  was  obliffed  to  relinquish  that 
command,  and  return.  In  Buenos  Ayres  he  qui- 
etly entered  upon  the  duties  to  which  he  was 
elected.  The  people  however  were  from  time  to 
time  much  provoked  by  his  highly  offensive  and 
arbitrary  conduct;  until  at  length  roused  past  all 
forbearance  by  the  barbarous  murder  of  Uvieda, 
a  worthy  citizen,  on  Easter  Sunday  night,  in  pris- 
on, they  flew  to  arms  and  put  the  city  in  a  state 
of  defence.  The  Director  threatened  to  force  his 
way  in  at  the  point  of  the  bayonet,  but  was  ffiven 
to  understand  that  his  army  would  not  obeyliim ; 
and  he  then  surrendered,  under  guaranty  or  being 
permitted  to  embark  on  board  a  British  ship  then 
lying  in  the  roads;  and  with  the  greatest  diffi- 
ourty  made  his  way,  alone  and  unattended,  past 
an  exasperated  people,  who  pursued  him  to  the 
boat  on  the  shore  which  the  British  commander 
sent  to  receive  him.  This  man  is  now  in  Rio 
Janeiro,  where  he  has  taken  refuge. 

A  Junta  of  the  people  of  the  city  of  Buenos 
Ayres  was  then  summoned  by  sound  of  the  Ca- 
bildo  bell;  which  town  meeting  or  junta,  after 
some  warm  debates,  elected  as  Director  Colonel 
Ignacio  Alvares,  acting  commander-in-chief  of 
the  troops,  who  had  been  faithful  to  the  people, 
in  opposition  to  Alvear ;  and  about  the  same  time 


the  Congress  passed  an  act,  called  the  Statute 
Provincial,  by  which  various  restrictions  were 
laid  down  to  prevent  abuses  in  the  exercise  of  the 
directorial  authority.  The  clamors  of  the  people 
against  Alvares — charging  him  with  armtrary 
proceedings,  mismanagement,  and  peculation  in 
office — caused  him  to  resign  his  power  on  the  day 
of  the  expiration  of  the  term  for  which  he  was 
elected;  and  in  April,  1815,  Antonio  Balcarce^ 
now  brigadier  general  in  the  united  army  of  the 
Andes  in  Chili,  was  elected,  and  after  continn* 
ing  in  office  abAt  three  months,  was  forced  from 
his  post  by  intrigue  and  faction.  An  executive 
or  government  of  three  was  then  again  formed, 
composed  of  Francisco  Escalade,  Irregogen,  ana 

During  all  these  various  changes  and  revolu- 
tions there  has  existed  a  body  called  the  repre- 
sentatives or  deputies  from  the  several  provinces. 
The  members  of  this  assemblage  were  chosen  or 
appointed  by  the  Cabildos  of  the  |>rincipal  cities 
which  had  joined  in  the  revolution  ;'^ and  it  ia 
said  that  there  were  instances  and  times  whea 
they  were  chosen  by  something  like  a  popular 
election ;  the  traces  of  such  elections  are,  how- 
ever, very  faint  and  obscure,  such  as  perbapa 
would  not  be  deemed  popular  by  the  people  of 
the  United  States,  where  the  substance  and  out- 
line of  such  elections  are  distinctly  recollected  by 
the  very  boys  of  the  counuy.  It  does  not  appear 
that  the  members  of  this  representative  body 
were  elected  for  any  given  time,  or  that  the  Ca- 
bildos, by  whom  they  were  chosen,  were  at  all 
jealous  of  their  length  of  service.  Some  of  them 
have  been  members  several  years,  some  are 
newly  elected,  and  others  represent  provinces  in 
the  possession  of  the  enemy,  who,  therefore,  can 
neither  be  rejected,  recalled,  nor  re-elected  by 
the  provinces  they  represent.  Nor  does  it  appear 
that  they  were  tenacious  of  the  numbers  tent 
from  each  province,  or  that  they  have  been  al- 
ways the  same.  Buenos  Ayres  had  only  four, 
Meodoza  two,  and  San  Juan  had  two  members  in 
the  Congress  which  met  at  Tucuman  in  181^ 
Now.  Buenos  Ayres  has  seven  members,  and 
Mendoza  and  St.  Juan  only  one  member  each; 
and  yet  the  members  vote  in  Conaress  numeri* 
cally,  and  not  by  provinces.  Nor  does  it  appear 
that  any  stipulated,  personal,  or  local  qualifica- 
tion has  been  required.  About  half  the  body  are 
priests ;  and  the  citizens  of  Buenos  Ayres  seem 
to  be  deemed  elijg^ible  and  suitable  to  reprcaeat 
any  province;  in  consequence  of  which,  the 
church  and  that  city  have  always  had  their  full 
inflncilce.  The  body,  it  would  seem,  had  changed 
its  name  almost  as  often  as  its  component  num- 
bers and  individuals ;  at  first,  it  was  called  the 
Junta;  then  the  Junta  Provisional;  then  the 
National  Constituent  Assembly;  and  now  it  is 
styled  the  Sovereign  Congress.  Its  deliberations 
appear  to  be  conducted  with  religious  solemnitf 
and  much  debate ;  the  yeas  and  nays  are  meet 
generally  recorded;  yet  the  body  is  guarded  by 
soldiery,  usually  negroes,  deemed  perfectly  trual- 
worthy;  and  there  is  neither  frequent  electiona, 
nor  a  free  press  to  call  them  to  an  accounu    Of 


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21M 


Qmditian  of  South  America, 


ill  the  passions  and  gales  of  the  revolution,  whose 
yiolence  has  broken  in  so  many  directions,  this 
bod^r  has  been  struck  hj  nooe.  It  seems  to  have 
glided  on,  preserving  the  even  tenor  of  its  way, 
and  to  have  happily  retained  the  buoyancy  of  its 
nature  amidst  everv  angry  burst  and  threatening 
squall.  Fortunately  for  itself,  this  august  body 
has  never  undertaken  to  call  any  State  delinquent 
to  account,  nor  in  any  instance  run  counter  to 
the  will  or  the  Chief  Magistrate  for  the  time 
being.  If  the  Congresses  of  Venezuela,  Mexico, 
and  Chili,  by  a  factious,  headstrong  disposition, 
(as  has  been  solemnly  said^)  have  repeatedly  lost 
those  countries  to  the  patriot  cause,  no  such  res- 
tiveness  of  temper  can  be  imputed  to  the  Con* 
gress  of  Buenos  Ayres;  on  the  contrary,  it  has, 
at  times,  so  highly  respected  the  opinions  of  the 
people  as  to  yield  a  little  to  a  gaucho  intrijprue,  or 
a  town  meeting,  convened  by  Ihe  sound  of  a  Ca* 
bildo  bell. 

Some  of  the  acts  of  Congress  have,  however, 
been  of  vital  importance  to  the  best  interests  of 
the  cause  and  the  union.  On  the  9ih  of  July, 
1816.  it  made  and  promulgated  a  declaration  of 
absolute  independence.  And  thus  it  cast  the  die. 
The  minds  or  the  people  were  thus  brought  sol- 
emnly up,  and  finallv  fixed  at  that  great  point 
about  which  there  had  previously  been  some 
wavering:  and  in  December,  1817,  its  ordinance, 
called  the  reglamento  propiaorio,  was  ratified, 
establishing  a  temporary  Government  for  the 
Union,  in  which  is  defined  the  forms  of  two  pop- 
ular elections;  one  of  which,  that  of  electing  Ca- 
bildos,  has  since,  with  great  ease  and  success, 
been  reduced  to  actual  practice.  The  form  of 
electing  members  of  Congress  is  also  prescribed; 
but  no  time  of  election  or  term  of  service  being 
specified,  there  has  been  no  use  made  of  the  terms 
laid  down.  There  have  been  two  popular  elec- 
tions of  Cabildos  in  Buenos  Ayres;  the  first  was 
made  in  1816,  when  only  about  five  hundred 
Totes  were  taken :  but  when  the  same  election 
came  round,  and  was  made,  according  to  the  pro- 
risions  of  the  reglamento  provisorio,  in  the  year 
following,  there  were  as  many  as  three  thousand 
five  hundred  votes  given  for  the  same  officers. 
This  is  the  first  form  of  a  popular  election  ever 
offered  to  the  people  of  Spanish  America ;  and 
although  confined  to  mere  police,  or  corporation 
office,  it  is  of  great  importance  in  its  direct  and 
indirect  consequences.  It  is  a  banning  which 
must  draw  after  it  more  valuable  and  efficient 
elections,  and  the  whole  representative  system. 
And  the  great  increase  of  votes  is  a  proof  of  the 
readiness  with  which  the  nature  and  uses  of  the 
rights  of  franchise  can  be  understood  and  adopted 
by  any  people. 

The  Congress  which,  on  the  24th  March,  1816. 
bad  assembled  in  the  city  of  Tucuman,  elected 
Juan  Martin  Pueyrredon  Supreme  Director  of 
the  State;  after  which  it  made  the  solemn  decla- 
ration of  absolute  independence,  and  then  founded 
the  present  temporary  Government  called  the 
refflameoto  provisorio,  (annexed  and  marked  as 
exhibit  G;)  and  Pueyrredon  has  continued  in 
office  as  Supreme  Director  from  that  time  to  this. 


By  the  sixth  article  of  the  first  chapter  of  the  third 
section  of  this  provisional  Government,  it  is  de* 
clared  that  the  person  filling  the  station  of  Sa«> 
preme  Director  shall  continue  in  office  until  a 
constitution  is  formed,  unless  sooner  displaced  by 
Congress.  The  only  check  upon  this  loose  and 
indefinite  grant  of  executive  power  and  infla- 
ence  to  control  Con|[re8s  and  postpone  the  form- 
ation of  a  constitution  is  that  of  a  rendenda 
designated  in  the  ninth  article  of  the  last  chapter. 
As  this  mode  of  responsibility  bf  a  rendencta  is 
an  adoption  of  that  by  which  it  was  intend^ 
under  the  colonial  system,  a  governor  or  viceroy 
might  be  called  to  an  account ;  and  as  it  is  whoUjr* 
unuke  any  of  the  forms  by  which  the  responsi- 
bilit]r  of  n  public  agent  is  secured  by  any  of  our 

Political  institutions,  it  may  be  well  concisely  to 
escribe  it.  According  to  the  Spanish  laws  of 
the  Indies,  when  a  viceroy  or  governor  was  re- 
moved from  office,  the  King  appointed  an  agent 
or  commissioner,  most  commonly  a  lawyer  of 
the  country,  to  receive  the  residencia  of  the  dis- 
placed officer.  Such  commissioner  accordingly 
repaired  to  the  capital,  and  announced,  in  toe 
most  public  manner,  the  time  and  place  when  and 
where  he  would  be  prepared  to  hear  and  deter- 
mine on  anv  complaint  that  might  be  made  against 
the  late  officer,  by  any  person,  of  whatever  order 
or  class,  as  well  Indians  as  others.  This  scru- 
tiny could  only  continue  in  the  case  of  a  governor 
for  sixty  days,  and  of  a  viceroy  only  six  months, 
after  the  date  of  the  proclamation  of  its  com- 
mencement; and  no  cause  of  complaint,  how- 
ever grievous,  could  be  heard  or  inquired  into, 
which  was  not  made  known  by  the  commissioner 
of  the  ruidencia  within  the  appointed  time.  This 
sort  of  impeachment  of  an  officer,  after  the  ex- 
tinction or  his  functions,  is  not  unlike  the  sage 
old  Egyptian  process  of  bringing  the  dead  to  jus- 
tice. It  may  accord  with  Spanish  colonial  no- 
tions of  calling  a  public  functionary  to  account, 
but  I  should  suppose  it  would  be  deemed  widely 
diflferent  from  what  we  should  call  republican 
responsibility. 

Before  the  revolution  there  was  a  printing  press 
in  Buenos  Ayres,  whence  issued  a  weekly  news- 
paper, merely  for  the  purpose  of  printing  and 
publishing  sundrv  papers  and  documents  for  the 
convenience  of  the  viceroy,  and  under  hb  sane- 
tion  entirely.  The  profiu  of  this  press  (for  it 
yielded  some)  were  given  to  an  institution  in  the 
city  of  Buenos  Ayres  called  the  Ninos  Bxpoii- 
tos  or  Foundling  Hospital.  Hence  the  press  ob- 
tained that  name.  This  press  is  still  continued, 
and  the  ministerial  paper  called  the  Buenos  Ayres 
Gazette,  issues  from  it  weekly.  There  are  in  all 
three  printing  presses  in  Buenos  Ayres,  and  from 
one  or  the  other  of  them  there  are  published  four 
newspapers  weekly.  Besides  these,  there  is  a 
small  weekly  newspaper  printed  in  Tucuman. 
From  the  second  chapter  of  the  seventh  section 
of  the  reglamento  provisorio,  one  would  be  in- 
duced to  infer  that  there  existed  something  like  a 
freedom  of  the  press ;  but  nothing  would  be  more 
fallacious  than  such  an  inference.  The  press  has 
never  been  tolerated  with  a  single  day  or  genuine 


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2U% 


Ckmditum  qf  Sotah  America. 


and  manly  freedom  in  Buenos  Ayres.  Nothing 
is  published  but  what  is  flattering  to  the  powers 
that  be.  nor  is  anything  inserted  in  the  papers 
ftom  aoroad,  without  being  curtailed  or  remod- 
^ed  to  suit  the  taste  of  the  ruling  party.  A  few 
attempts  hare  been  made  to  discuss  political  sub* 
jects  with  severity,  and  to  censure  the  political 
conduct  of  some  men ;  the  consequence  of  which 
has  beeUj  that,  without  ceremony,  the  parties  hare 
been  instantly  banished  or  imprisoned.  The 
press  of  Buenos  Ayres  is  a  servile  instrument, 
which  neither  has  nor  merits  any  respect  or  influ- 
ence whatever.  Public  opinion  receives  its  direc- 
tion and  giv^es  its  impulse,  not  through  that  pros- 
tituted instrument  of  much  good,  but  from  lK>oks 
and  papers  read  in  the  closet,  and  from  verbal 
conversation  and  private  discussion ;  and  in  that 
manner  it  has  aeted  so  efficiently  as  to  turn  a  chief 
magistrate  iVom  his  fort,  or  to  chase  a  wicked 
Director  into  exile,  at  the  very  moment  when 
this  cowardly  or  crippled  sentinel  was  going  the 
rounds,  and  crying  out  all  was  well 

Laying  aside  the  abstract  principles  contained 
in  the  reglamento  proviso,  which  speak  for  them- 
selves, and  the  value  of  which  depends  on  the  ac- 
curacy With  which  they  are  expressed,  the  cur- 
rency with  which  they  are  received,  and  the  fa- 
cilitjT  with  which  they  can  be  applied  and  enfor- 
ced, it  ai^pears  that  the  Spanish  code  of  laws,  so 
far  as  it  is  compatible  with  the  changes  that  have 
been  made,  has  been  adopted.  This  code,  I  take 
it  fbr  granted,  like  that  of  all  others  of  the  civili- 
zed nations  of  Europe,  which  has  been  gradually 
formed  fVom  that  of  ancient  Rome,  is,  in  the  main, 
and  in  a  moral  point  of  view,  a  rational  and  ex- 
ceHent  svstem.  But,  as  to  ail  the  modes  and 
forms  of  administration  which  give  to  a  code 
the  pure  practical  operation  which  its  principles 
breathe,  and  which  are  generally  understood  to 
constitute  the  leading,  if  not  sole  distinctions 
between  free  and  arbitrary  institutions,  the  regla- 
mento provisorio  presents  us  with  a  beggarly  ac- 
count of  provisions,  with  larf  e  exceptions,  which 
do  so  allay  the  good  precedent,  and  articles  so 
pared  away  that  there  is  left  no  bold  promontory 
in  all  its  coasts,  behind  which  the  storm-chased 
innocent  skiff  can  take  shelter  from  any  of  the 
gates  of  power.  Except  the  case  of  the  elections 
of  the  Cabiidos,  the  whole  is,  substantially,  a 
mere  reorganization  of  the  colonial  Viceroyalty. 
It  is  regarded  as  such  in  practice,  and,  therefore, 
has  obtained  little  or  none  of  the  real  respect  and 
confidence  of  the  people. 

But  the  sentiments  and  wishes  of  the  people,  as 
in  all  similar  circumstances,  have  bad  consider- 
able sway  over  this  newly-created  Government. 
There  is  a  point  beyond  which  it  dares  not  go; 
and  a  limit,  as  the  numerous  changes  that  have 
taken  place  clearly  show,  beyond  which  the  for- 
bearance of  the  people  cannot  be  stretched.  As 
the  revolution  has  progressed,  more  information 
has  been  obtained ;  the  people  begin  to  have  a 
correct  knowledge  of  their  rights;  they  are  be- 
coming more  watchfol,  and  their  rulers  more  re- 
spectful. And,  as  the  bounds  of  information  are 
extended,  the  field  of  discussion  enlarges,  and  the 


political  horizon  gradually  clears  and  expands  in 
all  directions.  The  past  changes  and  struggles 
would  seem,  at  first  view,  to  have  been  a  frnit- 
less  waste  of  time  and  labor:  it  has  not  been  so; 
the  people  have  been  instructed  and  improved  by 
them.  Public  opinion,  the  pioneer  and  precursor 
of  all  revolutions  and  beneficial  institutions,  has 
been  ripening,  and  the  crisis  is  rapidly  approach* 
ing  when  another  and  a  firmer  step  will  oe  taken, 
assisted  by  the  newly-acquired  light  and  helps. 
More  of  the  old  system  will  be  removed,  and  such 
institutions  will  be  introduced  as  will  furnish 
some  practical  evidence  at  home  of  the  benefits  of 
civil  and  political  freedom,  and  the  work  of  the 
revolution  will  approach  its  consummation.  This 
crisis  will  be  considerably  accelerated  by  the 
present  state  of  the  provinces,  their  murmur ings 
and  civil  wars ;  to  pacify  wnich,  and  for  their 
own  welfare  and  safety,  it  has  obviously  become 
necessary  to  make  an  entire  chance,  and  to  intro- 
duce a  new  order  of  things,  l^e  voice  of  the 
people  must  and  will  be  heard. 

On  inquiring  for  the  causes  of  these  unfortu- 
nate differences  and  hostilities  among  the  several 
patriot  causes,  and  after  remoyins  from  about 
them  all  that  mere  vituperation  and  angry  invec- 
tive with  which  they  have  been  too  much  min- 
gled and  confused^  they  will  be  found  to  be  of 
vital  importance ;  to  have  for  their  object  princi- 
ples materially  affecting  the  good  of  the  people, 
and  to  have  originated  in  very  rational  views  as 
to  a  frame  of  government  best  suited  to  their 
country,  and  which  was  most  likely  to  promote 
and  secure  its  general  as  well  as  its  particular 
interests.  The  people  of  this  part  or  Spanish 
America  have,  from  the  commencement  of  their 
straggles,  looked  towards  the  example  and  the 
precepts  of  the  United  States  in  the  management 
of  their  revolution  and  the  organization  of  their 
political  institutions. 

Without,  in  general,  entering  into  any  profound 
arguments  or  deep  speculations,  for  which,  from 
their  previous  education  and  habits,  they  were 
utterly  unprepared,  they  took  a  view  of  their  own 
situation  en  rruuse;  they  saw  themselves,  by  the 
removal  of  the  colonial  institutions,  almost  at  a 
single  blow  divested  of  everv  implement  of  civil 
government.  They  looked  over  the  immense 
extent  of  their  country,  and  saw  that  it  had  been 
cut  up  into  provinces  and  jurisdictions,  and  in 
that  manner  governed.  They  then  turned  their 
eves  towards  the  United  States,  and  saw,  or 
tnought  thev  saw.  many  aoalogies,  and  a  pros- 
perity which  evioced  that  all  they  beheld  was 
wortn  copying.  But  whether  these  suggestions 
were  made  from  such  a  comparative  view,  or 
from  the  nature  of  things,  or  from  whatever  other 
cause,  the  idea  and  utility  of  separate  State  epv- 
ernments  in  each  province,  like  those  of  the  Uni- 
ted States,  with  magistrates  selected  by  its  own 
people  from  among  tliemselves,  became  very  gen- 
eral, and  was  warmly  embraced  by  a  great  por- 
tion of  the  patriots.  This  party,  however,  in 
favor  of  the  system  of  confederation  and  repre- 
sentation, whatever  might  be  its  numerical 
strength  or  the  force  of  its  reasonings,  were,  as 


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APPENDIX. 


21» 


CkmdUum  of  South  America, 


they  now  are,  by  much  the  weakest  in  point  of  ac- 
tual power  and  operation  i  because  they  had  not 
the  means,  nor  have  ever  been  allowed  to  exhibit 
any  examples  of  their  principles ;  and,  besides, 
they  were  obliged  to  address  themselves  to  a  peo- 
ple to  whom  the  entire  field  of  politics  was  a 
noTelty;  and  they  had  no  press  to  give  stability 
and  currency  to  their  arfiruments.  m  opposition 
to  those  principles  and  this  party,  there  arose  a 
faction  in  Buenos  Ayres,  who,  looking  attentively 
to  the  interests  and  the  aggrandizement  of  that 
city,  wished  to  establish  a  consolidated  govern- 
ment nnder  a  Chief  Magistrate  invested  with 
powers  analogous  to  those  of  the  late  Viceroy ; 
out  somewhat  bridled  and  controlled  with  a  re- 
vival of  the  political  and  civil  institutions  of  the 
colony,  so  modified  as  to  suit  the  existing  state  of 
thlDj^s.  And  the  general  impression  of  the  ne- 
cessity of  being  constantly  armed  and  prepared 
to  meet  the  hostilities  of  tne  metropolis  induced 
the  people  to  yield  a  ready  obedience  to  their 
military  leaders  for  the  time  being.  Hence,  to 
get  the  command  of  the  army,  and  take  posses- 
sion of  the  fort  at  Buenos  Ayres,  has  hitherto 
been  the  same  thing  as  a  complete  revolution. 
It  has  at  once  placed  in  the  hands  of  such  a  chief 
the  revenues ;  because  Buenos  Ayres  has  been 
the  sole  point  of  collecting  all  the  customs,  all 
tMe  forces,  and  the  entire  command  of  the  Stale, 
the  affairs  of  which  could  be  wielded  and  man- 
aged at  pleasure  by  such  a  Chief  Magistrate,  ac- 
cording to  the  forms  of  the  colonial  institutions. 
While,  on  the  other  hand,  the  opposing  poptilar 
parly  which  advocated  State  governments,  and 
the  representative  system,  never  have  as  yet  had 
any  forms  or  means  by  which  they  could  gather 
together  and  express  their  wishes,  or  even  make 
a  uiow  of  their  numbers  and  power. 

In  October,  1812,  while  Saratea  commanded 
in  chief  at  Montevideo,  and  Artigas,  before  the 
same  place^  commanded  the  forces  of  the  Banda 
Oriental,  this  great  principle  of  separate  State 
or  Provincial  governments,  interwoven,  as  it 
very  probably  was,  with  personal  and  local  con- 
siderations, gave  rise  to  a  heated  controversy  be- 
tween them.  Saratea,  finding  Artigas  to  be 
refractory,  and  unmaniageable  by  temptations, 
threats,  or  persuasions,  determined  to  have  him 
anresteii.  Aru^a%  being  apprized  of  this  design, 
fled  to  the  plains,  and  in  a  short  time  all  the 
Orientals  foUoweu;  in  consequence  of  which, 
the  further  prosecution  of  the  siege  of  Montevi- 
deo, at  that  time,  was  abandoned.  The  ruling 
party  of  Bueaos  Ayres,  perceiving  the  popularity 
of  the  cause  of  Artigas,  and  his  power,  became 
extremely  anxious  to  wm  him  over,  or  at  least  to 
conciliate  him. 

At  the  request  of  Artigas,  therefore,  who  then 
thought,  or  affecied  to  believe,  that  this  contro- 
versy with  Saratea  was  merely  neisonai,  Saratea 
and  some  others  were  removed  from  the  com- 
mand of  the  army,  and  his  place  was  filled  by 
Rondea,  and  other  officers  put  in  command,  whose 
iprinciples,  being  unknown,  were,  therefore,  not  so 
obnoxuMis  to  the  (Mental  chief.  But  at  the  same 
time.  Artign  followed  up  the  coatroveity,  and 


tested  the  designs  of  the  Government  of  Buenoe 
Ayres,  by  demanding,  in  form,  that  the  Banda 
Oriental  should  be  considered  and  treated  as  a 
State  under  its  own  government,  and,  as  such, 
should  he  left  to  regulate  its  own  concerns  for  it- 
self, and  be  represented  in  due  form  and  propor- 
tion in  a  General  Congress.  This  was  treated  by 
Buenos  Ayres  as  an  open  dereliction  of  the  stand- 
ard of  the  country ;  and  a  most  unreasonable,  crimi- 
nal, and  declared  rebellion  against  the  only  legiti- 
mate Government  of  the  union  of  all  the  provinces, 
which,  as  it  contended,  extended  over  the  whde 
territory  that  had  been  subject  to  the  late  Vice- 
royalty  }  of  which  the  city  of  Buenos  Ayres  d- 
ways  had  been,  of  ri^ht  was  then,  and  always 
ought  to  be,  the  capital,  whence  alone  all  author- 
ity should  emanate.  This  Artigas  opposed,  and 
denounced  as  the  assertion  of  a  spirit  of  unjust 
and  unreasonable  domination  on  the  part  of  ]3ue- 
nos  Ayres,  to  which  he  could  not.  and  would  not 
suhmit.  The  parties  were  heated,  reason  was  si- 
lenced, liberality  banished,  and  they  repaired  from 
the  field  of  argument  to  the  field  of  battle.  Ard- 
gas,  either  from  an  indisposition  to  push  matters 
to  the  greatest  extremity^  from  policy,  or  from  a 
sense  of  his  own  inferiority  in  {>oint  of  strength, 
has  hithert(AiCted  on  the  defensive,  and  confined 
himself  within  the  territory  of  the  Banda  Orien- 
tal, or  of  the  Entre  Rioe,  smce  it  has  taken  sides 
with  his  cause.  It  is  said  that,  in  this  contro- 
versy, there  have  already  been  fought  fifteen  or 
sixteen  sharp  battles^  in  each  of  which  eonflifits 
Buenos  Ayres  has  been  defeated,  and  suffered  se- 
verely. In  the  last,  which  was  fought  about  the 
1st  of  A^ril  last,  near  Santa  Fe^  on  the  north- 
eastern side  of  the  Paraj^nayi  there  were  of  the 
Buenos  Ayres  aimy,  which  was  about  ninsteen 
hundred  strong,  eight  hundred  left  dead  on  the 
field  of  battle,  and  the  rest  dispersed,  so  that 
the  whole  army  may  be  said  to  huve  been  extia- 
ffuished  at  a  mow.  This  iatal  catastrophe  was 
heard  in  silent  gloom  at  Buenos  Ayres ;  not  a  syl- 
lable aboat  it  was  uttered  from  the  press,  yet  ail 
seemed  to  lament  the  policy  by  which  it  had  been 
brought  about,  or  rendered  unavoidable. 

Until  the  year  1814  the  province  of  Santa  Fe. 
or  the  district  of  country  called  Entre  Rios,  had 
a  representative  in  the  Congress  of  Buenos  Ayres. 
Since  that  time  it  has  withdrawn  itself  from  the 
Union,  and  sided  with  Artigas  and  the  peopU  of 
the  Banda  Oriental.  This  change  and  desertion 
of  the  standard  of  the  counuy  are  ekai;^  by  the 
Government  of  Buenos  iVyres  to  the  intrignes  and 
sedttctivei>rinciples  of  Artigas;  butif  Artip^ashat 
been  praetisinf  his  aru  with  the  people  of  Santa 
Fe,  the  acts  of  Buenos  Ayres  have  most  power- 
fully seconded  his  designs.  By  adverting  to  the 
situation  of  the  ^ulation  of  the  Union,  and  the 
various  paths  of  internal  commerce  through  it,  by 
land  and  by  water;  it  will  be  seen  how  very -advan- 
tageously Santa  Fe  is  situaled  as  a  port  of  entry 
and  great  depot  for  all  the  country  to  the  west 
and  north  or  it.  As  such  it  had  opened  itself; 
and  commerce  began  to  flow  into  it,  when  Bite- 
nos  Ayres  interposed,  and  declared  that  ne  trade 
should  go  to  Santa  Fe  but  what  passed  through 


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APPENDIX. 


2166 


Condition  of  South  America. 


the  city  of  Buenos  Ayres  itself.  This  odious  and 
UDJast  monopoly  was  at  once  rerohing  to  the 
minds  oi  the  people  of  Bntre  Rios,  and  a  proof 
of  the  correctness  of  the  principles  contended  for 
hy  Artigas.  They  therefore  abandoned  Buenos 
Ayres.  and  are  now  the  allies  of  Artigas. 

In  the  year  1810  the  Qoyernment  of  Buenos 
Ayres  sent  a  force  of  fire  hundred  men,  under 
the  command  of  General  Belgrano,  up  to  the 
province  of  Paraguay,  to  expelthe  royal  autho- 
rities, and  to  introduce  that  province  under  the 
GoTernment  of  the  Union.  But  the  people  of 
Paraffuay  rejected  the  proffered  Buenos  Ayres 
auxiliaries.  After  some  time,  however^  they  of 
themselves  expelled  the  Spanish  authorities ;  and, 
refusing  to  submit  either  to  a  Spanish  or  Patriot 
viceroy  or  chief,  planted  in  any  way  at  Buenos 
Ayres.  they  attempted  to  establish  a  government 
or  their  own ;  and,  from  thenceforward  until  the 
present  time,  they  have  absolutely  renounced  and 
forbidden  all  intercourse  or  trade  with  Buenos 
Ayres.  No  active  hostilities  appear,  however,  to 
have  been  carried  on  as  yet  between  these  two 
provinces. 

The  Government  of  the  people  of  the  Banda 
Oriental  and  Bntre  Rios,  since  their  alliance,  has 
been  altogether  in  the  hands  of  Artigas,  who 
rules  by  his  will  alone,  like  an  absolute  monarch, 
without  attendant  guards,  or  an  Indian  casique. 
No  frame  of  constitution  is  exhibited ;  none  is 
pretended  to  exist.  Justice  is  rendered  volunta- 
rily, or  is  administered  according  to  the  mandate 
of  the  chief. 

In  Paraguay  the  reins  of  government  are  held 
by  Francias,  who  it  is  said  makes  a  show  of  ad- 
ministering all  political  and  civil  affairs  in  the 
manner,  and  according  to  the  forms,  of  the  con- 
sular Government  of  ancient  Rome. 

The  two  powerful  provinces  of  Cordova  and 
Santiago  del  Bstero  have  both  been  in  rebellion 
against  the  ruling  power  of  Buenos  Ayres,  which 
has  charged  Cordova  with  being  a  very  godo,  or 
tory  province,  and  both  of  them  with  l^ing  se- 
duced into  an  unnatural  desertion  of  the  cause  of 
liberty  by  the  arts  and  intrigues  of  Artigas.  But 
Cordova  has  lost  by  the  revolution  its  very  pro- 
fitable mule  trade,  the  nature  of  which  I  have 
described,  and  both  have  suffered  heavy  contri- 
butions ;  and  all  their  resources  have  been  made 
tributary  to  the  Buenos  Ayres  monopoly,  and  to 
sustain  its  pre-eminence.  They  have  l)oth  been 
brought  back  by  force  of  arms  under  the  Union, 
and  are  now  silent  an(f  passive.  In  short,  it  can- 
not, nor  ought  it  to  be  concealed  that  the  ruling 
party  of  Buenos  Ayres  has  managed  the  affairs 
of  the  Union  in  such  a  strain  of  domineering 
monopoly  as  to  retard  reform,  delay  the  progress 
of  the  revolution,  and  to  render  the  most  patriotic 
provinces  extremely  dissatisfied.  Mendoza  occa- 
sionally murmurs,  and  San  Juan  is  very  much 
discontented  with  the  present  state  of  afiatrs  ; 
and  the  people  of  those  two  provinces,  heretofore 
most  attached  to  the  Union,  negin  to  speak  open- 
ly, in  sharp  terms,  of  the  domineering,  monopo- 
Using  temper  and  conduct  of  Buenos  Ayres. 

Of  the  one  milUon  and  eighty  thousand  souls 


which  the  late  viceroyalty  of  Buenos  Ayres  haa 
been  estimated  to  contain,  it  will  be  seen,  by  the 
details  I  have  furnished^  that  four  hundred  and 
eighty-three  thousand,  mcludinff  Jujuy,  are  all 
that  acknowledge  themselves  subject  to  the  pre- 
sent Government  of  Buenos  Ayres;  that  the  pa- 
triot provinces  at  war  with  Buenos  Ayres  contain 
a  population  ^exclusive  of  Indians)  of  one  hun* 
dred  and  eiffnty  thousand  souls;  and  that  so 
many  of  the  n iff h  provinces  in  which  there  have 
been  any  revolutionary  movements  as  contain 
four  hundred  and  seventeen  thousand  souls,  are 
at  this  time  and  have  some  of  them  been  coo* 
tinually  under  the  colonial  yoke.  The  patriot 
provinces  of  Salta  and  Jujuy  have  been  the  chief- 
seat  of  war  from  the  commencement  of  the  revo- 
lution. The  royal  army  was  once  in  possession 
of  Salta,  which  is  now  the  headaoarters  of  the 
patriot  forces  under  Belgrano.  And  the  patriot 
army  was  once  so  successful  as  to  penetrate  as 
far  towards  Lima  as  the  city  of  Chayanta,  ia 
the  province  of  Charcas;  but  they  gave  Mck 
from  thence,  and  the  Soanish  army  Is  now,  it  is 
said,  in  the  possession  or  the  city  of  Jujuy. 

Such  is  the  extent,  nature,  and  circumstances 
of  this  new  and  revolutionary  Union.  The  pre- 
sent bonds  which  hold  it  together  are  temporary 
in  namcj  and  more  so  in  their  nature.  A  final 
declaration  of  independence  has  been  made;  the 
people  have  renounced  all  expectation  of  a  com- 
promise with  Spain  ;  and  the  separation  has  been 
resolved  on  amidst  such  imbittering  severities 
and  cruelties,  that  any  kind  of  return  to  their 
former  allegiance  is  utterly  impossible  and  im- 

f>racticable.  The  expectation  of  reconquest  is  no 
ess  vain ;  and,  to  be  convinced  of  it,  it  Is  only 
necessary  to  view  the  country,  and  reflect  a  few 
moments  on  its  nature,  and  the  situation  and 
character  of  its  inhabitants. 
^  But  what  is  to  be  the  future  course  of  this  rev- 
olution, is  a  question  more  difficult  to  determine. 
One  thing,  however,  appears  clear,  that  unless 
the  i>re8ent  civil  dissensions  are  healed,  and  the 
warring  provinces  are  pacified  and  reconciled 
with  each  other,  a  very  great  proportion,  if  not 
all,  the  benefits  and  advantages  of  the  revolution 
which  would  accrue  immediately  as  well  to  them* 
selves  as  to  foreign  nations,  Will  be  totally  de- 
stroyed, or,  at  least,  very  much  diminished  and 
delayed.  The  |^reat  benefit  which  thejr  are  con* 
tinuall][  promising  themselves  from  it  is,  the  in- 
troduction of  the  representative  system  of  Gkv- 
ernment,  with  all  its  kindly  and  fostering  institu- 
tions. But  their  military  chiefs  will  not  suffer 
the  system  to  have  a  commencement,  to  be  planted 
at  all,  or  to  have  a  single  undisturbed  day  to  take 
root.  For  the  petty  Cabiido  elections  are  proofs 
of  the  wishes  of  the  people  and  their  disappoint- 
ments. The  chiefs  (one  and  all)  allege  that, 
during  the  effervescence  of  a  revolution,  popular 
elections  are  dangerous;  that  submission  to  a 
strong  and  energetic  power  is  necessary  is  such 
times ;  and  under  this  plea  of  the  distractions  and 
necessities  of  the  times,  they  all  alike  refuse  to 
permit  the  people  to  make  a  single  experiment  of 
a  general,  genuine  popular  electioo.    Atdgas, 


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2157 


APPENDIX. 


2158 


Condition  of  South  America. 


sitaated  as  he  isj  driTen  first  io  one  direction  and 
then  in  another,  on  one  side  attacked  by  the  Porta- 
gnese,  on  another  by  the  patriots  of  Buenos  Ayres, 
and  watching  lest  in  another  direction  an  unex- 
pected blow  might  reach  him  from  Spain,  has  all 
the  population  of  the  Banda  Oriental  thus  pressed 
under  an  unqualified  submission  to  his  will ;  and 
he  is  thus  furnbhed  with  a  plausible  pretext  for 
ruling  over  all  as  arbitrarily  as  an  Indian  casique. 
The  rulers  of  Buenos  Ayres  talk  to  the  people 
under  them  of  the  infinite  dangers  to  be  appre- 
hended from  Spain  on  all  hands ;  and  of  the  in- 
dispensable necessity  of  keeping  up  a  strong  army 
next  Peru ;  of  raisins  forces  to  invade,  reconquer, 
and  now  to  hold  Chili ;  of  the  threats  and  wrongs 
of  Portugal ;  of  the  indispensable  necessity  of 
having  Artigas,  and  the  rest  of  their  wicked  sub- 
jects, and  the  rebellious  provinces,  completely 
subdued  $  and  of  the  great  importance  of  pre- 
serving the  capital,  the  city  of  Buenos  Ayres 
itself,  m  perfect  security,  by  the  presence  of  a 
strong  military  force.  The  military  chief  of 
Paraguay  finds  or  frames  similar  arguments  in 
favor  of  an  energetic  Qovernment;  and  the  peo- 
ple have  been  so  far  baffled,  and  not  trusted  with 
the  means  of  expressing  their  will  or  of  exercising 
their  power.  Nothing  is  easier  than  to  make  a 
fine  partisan  soldier  of  a  gaucho:  those  of  the 
plains  of  the  Banda  Oriental,  under  Artigas,  and 
those  of  Salta,  under  Guemes,  are  proofs  how 
readily  those  peaceful  herdsmen  can  be  made 
terrible  in  war ;  they  are  a  class  of  people  who 
have  a  predisposition  to  an  unrestrained,  roving 
life.  To  lead  them  to  independence,  therefore, 
an  enterprising,  spirited  leader  was  all  that  was 
necessary.  And  if  the  ganchos  of  the  pampas 
shall,  like  those  of  the  Banda  Oriental,  find  a 
bold  leader  who  shall  inspire  them  with  a  resolu- 
tion to  insist  on  having  their  voice  heard  through 
their  lawful  representatives,  the  city  of  Buenos 
Ayres  itself  may  then  soon  be  what  Montevideo 
BOW  is— a  place  where  commerce  once  was.  The 
peace  and  commerce  of  Buenos  Ayres  have  a 
aappy  and  continually  improving  effect  upon  the 
neighboring  inhabitants  of  the  pampas.  With 
saoli  an  example,  how  misguided^  how  cruel  was 
the  policy  which  converted  the  city  of  Santa  Fe 
from  a  new  and  flourishing^  seat  of  commerce,  ex- 
citing industry,  diffusing  information,  the  arts  of 
peaee^  and  innumerable  benefits  all  around,  into 
the  stronghold  of  bands  of  hardy  and  warlike 
gauchos.  The  evils  of  these  distractions  and 
civil  wars,  as  regards  the  fruits,  productiona^  and 
resources  of  the  country,  are  obvious.  It  is  ac- 
knowledged that  they  have  not  merely  prevented 
the  increase  of  husbandry,  but  have  diminished 
its  amount ;  many  fine  cnacaras  or  grain  farms 
bave  been  totally  neglected  or  destroyed }  and  the 
stocks  of  cattle,  which  furnish  the  great  staple 
commodities  of  all  the  plains,  have  been  every- 
where very  much  diminished. 

These  are  some  of  the  effects  of  these  perni- 
eioQs  conflicts — criminations  and  recriminations 
of  leaders — and  are  fruitless,  or  only  serve  to 
irritate  and  make  matters  more  incurable.  As 
regards  the  rights  of  self-government,  certainly 


that  which  is  sound  justice  and  solid  argument 
in  Buenos  Ayres  against  Spain,*  is  equally  sound 
and  solid  in  the  Banda  Orienul  and  in  Paraguay  $ 
if  any  one  has  the  riffht  to  throw  off  the  yok& 
and  to  assume  to  itself  its  own  government,  all 
have  the  same  right.  The  rights  of  all  of  them 
are,  then,  perfectly  equal ;  and  no  one  province 
can,  in  justice,  have  the  privilege  of  ruling  over 
any  other  of  them  without  its  consent.  To  re- 
store  peace  and  harmony  to  these  contending 
provinces,  would  be  to  bestow  on  them  the  great- 
est imaginable  benefit;  by  removing  the  most 
imposing  and  plausible  pretext  for  all  internal 
.guards  and  military  forces,  the  soldiery  must  be 
sent,  where  thev  ou^ht  to  be.  to  meet  tne  foreign 
enemy  on  the  frontier,  whicn  is  the  only  foe  in 
arms  the  people  ought  to  have  to  contend  with. 
The  chiefs  being  thus  deprived  of  the  source  of 
their  arbitrary  power,  the  effect  would  be,  at  once, 
to  sive  the  people  their  liberties,  and  to  restore 
to  their  country  all  its  abundance,  its  resources, 
and  its  blessings.  But,  without  this,  to  attempt 
to  give  to  any  one  of  the  provinces  a  prepon* 
derancy  over  the  rest,  would  be  to  confirm  or  to 
drive  the  people  of  every  province  into  an  un- 

Sualified  submission  to  the  military  chief  of  each 
i  vision  of  the  country ;  and  it  would  be  to  lend  a 
helping  hand  to  settle  the  country  down  under 
the  government  of  a  nulhber  of  petty  Kings  or 
Princes,  instead  of  a  confederated  republic.  The 
British  Government  and  its  authorities,  with  a 
continually  wakeful  regard  to  their  commercial 
interests,  have  endeavored  to  pursue  the  incon* 
gruous  and  difficult  policy  of  thwartioff  and  con- 
founding the  republican  principles  of  the  people; 
and,  at  the  same  time,  of  discountenancing  the 
inveterate  hostility  of  the  chiefs  of  the  provinces, 
so  wasteful  of  the  commercial  productions  of  the 
country.  The  English  Admiral,  Bowles,  con- 
cluded a  treaty  of  agreement  with  General 
Artigas,  r^ulating  the  British  commercial  inter- 
course with  the  people  whom  he  controls;  and 
an  English  Consul,  resident  in  Buenos  Ayres, 
with  a  ship  of  war  always  near,  without  pro- 
moting the  establishment  of  free  institutions  any- 
where, insures  an  unrestrained  trade  with  all  the 
warring  provinces. 

Although,  by  the  Treaty  of  St.  Ildefonso,  of 
17T7,  between  Spain  and  Portugal,  the  limits 
which  separate  Brazil  from  the  Spanish  domin- 
ions were  finally  settled;  and^  therefore,  as  it 
would  seem,  on  the  score  of  right,  the  King  of 
Portugal  cannot  have  the  least  pretension  what- 
ever to  the  Banda  Oriental,  or  indeed  to  any  por- 
tion of  the  territory  of  the  late  Viceroyalty  of 
Buenos  Ayres ;  yet  that  monarch  has  invaded  the 
Banda  Oriental,  claiming  to  hold  it  by  right  of 
conquest,  or  on  some  other  ground,  (I  know  not 
what,)  as  a  part  of  Brazil;  and  a  Portuguese 
army,  under  the  command  of  General  Lectfr,  is 
now  m  the  actual  occupation  of  the  city  of  Mon- 
tevideo, and  about  three  or  four  miles  around  it. 
The  Government  of  Buenos  Ayres  and  the  King 
of  Portugal  are  now  at  peace,  and  apparently  a 
perfectly  friendly  intercourse  is  carried  on  be- 
j  tween  Buenos  Ayres  and  Monttyideo;  while,  on 


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iU9 


APPfflJDIX 

Conditim  of  S<mth  America. 


$H% 


die  other  hand,  Uiere  exists  at  this  time,  and  has 
always  been  wagtd,  the  most  inveterate  hostility 
between  Artigas  and  the  Portuguese.  It  would 
appear  that  Artigas  and  his  ^auchos  are  bravely 
defending  their  homes,  their  rights,  and  their 
country;  that  the  King  of  Portugal,  availing 
himself  of  the  weakness  and  distractions  of  the 
afQuirs  of  his  kinsman  Ferdinand  VII^  intended 
to  aggrandize  himself  by  annexins  a  portion  of 
his  provinces  to  Brazil ;  and  that  &uenos  Ayres, 
desirous  of  preserving  the  lucrative  commerce  of 
the  river  unembarrassed,  had  either  actually  com- 
promised with  Portugal,  or  was  willing  to  look 
with  s61emn  dignity  upon  that  which  it  felt  too 
^eble  to  resist  or  resent;  or  that  it  was  at  present'* 
so  much  exasperated  at  the  enemy  against  whose 
edifice  the  blow  of  Portugal  isaimea,as  to  refuse 
to  ward  it  ofi^  even  although  it  may,  by  its  strik- 
ing effectually,  itself  be  seriously  wounded  by  the 
scattering  fragments. 

The  revenue  of  theiGh>vernment  of  Buenos 
Ayres  has  been  extremely  fluctuating,  owing  to 
the  very  unsettled  state  of  its  political  affairs. 
Puring  the  early  period  of  the  revolution,  it  was 
^fdd  to  have  amounted  to  between  three  and  four 
millions  of  dollars  per  annum  i  at  present,  it  does 
not  amount  to  fuUy  two  millions.  In  the  first 
years  of  the  revoluuon,  confiscation  of  the  prop- 
erty of  gpdos,  and  imprestitoe,  or  forced  loans, 
levued  oS  the  disaffected,  poured  considerable 
aums  into  the  treasury.  These  sources  of  rev- 
enue are  now  exhausted,  or  have  ceased.  A  great 
aource  of  revenue  is  the  tithes,  which  are  all 
paid  iato  the  treasury,  except  the  salaries  of  the 
canons,  two  thousand  dollars  per  annum  each, 
and  a  small  deduction,  which  goes  to  the  support 
of  the  clergy  generally;  who,  with  that  allow- 
tnce  from  tne  tithes,  their  first  fruits,  alms,'4bc., 
tnd  the  proceeds  of  their  own  property,  are  very 
well  supported.  It  ouiy  be  estimated  that  the 
clergy  of  the  several  provinces  amount  to  one- 
aeventeenth  part  of  the  whole  population.  But 
monkish  institutions  are  rapidly  railing  into  dis- 
xepute,  and  the  people  have  every  prospect  of 
being  soon  relieved  from  their  infiuence  and  their 
buruen.  The  product  of  the  tithes  depends  very 
much  upon  the  state  of  husbandry ;  and  agricul- 
tJire  havinff  declined,  this  source  of  revenue  has 
also  been  diminished.  The  other  branches  of 
revenue,  derived  from  internal  taxation,  are  the 
alcavala,  licenses  to  retailers,  and  such  like  indi- 
sect  taxes.  But  the  principal  source  of  revenue 
to  the  Government  of  Buenos  Ayres  is  that  de- 
rived from  the  customs,  or  its  duties  on  imports 
and  exports.  The  changes  that  have  already  be- 
gun, and  are  likely  to  continue  and  increase,  will 
account  for  the  diminution  of  its  revenue  in  this 
principal  brpinch  also.  Under  the  Viceroyalty, 
Buenos  Ayres  and  Montevideo  were  the  only 
ports  of  entry  and  collection  of  the  customs  for 
the  whole  country ;  but,  in  conseqiience  of  the 
wars  and  devastations  about  Montevideo,  com- 
merce was  driven  entirely  up  the  river,  and  passed 
exclusively  through  Buenos  Ay  res  j  since  then, 
the  Bandit  Oriental  and  Entre  Rios  have  de- 
clared themselves  independent  and  unconnected, 


and,  having  made  a  commercial  regulation  with 
the  British  Admiral,  much  of  the  trade  whiek 
used  formerly  to  fill  the  coffers  of  Buenos  Ayres 
is  now  beginning  to  find  its  way  direct  to  the 
opposite  side  of  the  river ;  and  the  trade  of  Para- 
guay, having  been  for  some  time  closed  against 
Buenos  Ayres,  is  also  taking  that  direction.  A 
considerable  part  of  the  foreign  goods,  particu- 
larly British,  which  pai<l  a  duty  at  Buenos  Ayres. 
was  sent  into  many  places  and  provinces  beyond 
its  immediate  jurisdiction*  A  large  amount  was 
sent  over  the  Andes  from  Mendoza  into  Ciiili,  or 
into  the  high  provinces  to  the  north-westward. 
Since  the  opening  of  the  ports  of  Chili,  this  route 
of  transportation  must  be  too  expensive  to  coa« 
tinue;  and,  consequently,  the  revenue  thus  de- 
rived to  Buenos  Ayres  must  cease.  Some  of  these 
causes  are  permanent,  and  others  will  continue 
to  operate  until  harmony  amonf  the  provinces 
shall  be  restored,  and  the  establishment  of  peace, 
order,  and  freedom,  shall  give  that  security  to 
person  and  propertv  which  is  the  only  true  mode 
of  encouraging  all  profitable  pursuits,  of  hus- 
bandry and  pasturage,  as  well  as  all  othiers. 

The  Qovernment  of  Buenos  Ayres  has  an  out- 
standing public  debt  of  about  one  million  of  dol- 
lars. This  debt  has  been  chiefly  created  by  aa 
issue  of  what  are  called  boletas,  or  due  bills,  given 
in  discharge  of  salaries  due  from  the  State  to  its 
military  and  civil  officers.  The  Government, 
finding  the  revenue  fall  short,  ordered  one-half 
only  of  all  salaries  to  be  paid  in  cash,  and  tkt 
other  half  to  be  paid  in  this  scrip  called  boletas, 
which  is  redeemable  indefinitely  and  at  {deasi^re. 
In  April  last,  boletas  were  as  much  as  fifty  and 
sixty  per  cent,  below  par.  Notwithstandiag  this 
economical  measure  of  issuing  boletas,  the  Qov- 
ernment, not  still  being  able  to  meet  the  variona 
demands  on  it  as  they  were  made,  has,  therefore, 
from  time  to  time,  issued  iu  notes  or  MIb  pay- 
able on  demand,  as  funds  should  accrue  in  the 
treasury.  These  notes  are  called  Government 
cash  paper;  there  is  no  great  amount  of  it  afloat, 
and  it  is  said  to  be  equal  to  what  we  should  oall 
good  mercantile  paper  at  ninety  days. 

The  military  force  of  Buenos  Ayres,  as  eati- 
mated  by  intelligent  persons  of  that  city,  accord- 
ing to  the  representations  current  there,  amooat, 
in  the  whole,  to  thirteen  thousand  infantry,  four- 
teen hundred  cavalry,  and  fifteen  hundred  artil- 
lery, which  was  thus  distributed.  From  the  sum 
total,  the  army  of  Santa  Fe,  estimated  at  nine- 
teen hundred,  which  was  extinguished  about  tke 
1st  of  April  last,«is  to  be  deducted.  And  of  the 
residue  of  this  military  force,  there  are  quarlered 
in  and  about  the  city  of  Buenos  Ayres  twenty- 
five  hundred ;  there  are,  in  the  arrav  of  Peru,  at 
Salta,  commanded  by  Greneral  Be^granb,  three 
thousand;  and  in  the  army  of  Chili,  under  Gene- 
ral San  Martin,  which,  in  buenos  Ayres,  is  called 
and  estimated  as  a  part  of  the  military  establish- 
ment of  the  United  Provinces  of  the  Rio  de  la 
Plata,  and  in  Chili  is  called  the  united  army  of 
the  Andes,  there  were  said  to  be  nine  thousand 
five  hundred.  Of  this  latter  army,  about  two 
thousand  freed  negro  troops  were  sent  from  Bne- 


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2161 


APPENDIX. 


nn 


Condiiion  of  South  America. 


nos  Ayres,  with  an  intention  of  finally  getting 
rid  of  them  bj  wasting  them  in  the  wars  of  that 
eountry,  or  of  leaving  them  to  be  disbanded  there. 
The  rest  of  the  armj  of  the  Andes  was  originally 
composed  of  fugitive  Chilinos.  The  army  of 
Peru  has  been  almost  wholly  recruited  in  the 
high  proyioces,  and  has,  in  many  respects,  im- 
posed upon  them  peculiar  hardships ;  all  its  pro- 
visions, cavalry,  and  stores,  have  been  furnished 
from  tnat  coiutry,  and  its  ranks  have  been  en- 
tirely filled  from  it.  And  the  numerous  deser- 
tions, and  continual  recruiting,  has  had  the  effect 
not  so  much  of  wasting  and  diminishing  the  ag- 
gregate amount  of  population}  as  it  has  of  throw- 
ing it  loose  from  the  ties  of  its  habits  and  domi* 
cil,  and  of  shifting  and  changing  its  individual 
location. 


The  naval  armament  of  the  Government  of 
Buenos  Ayres  consists  of  ten  small  vessels,  brigs, 
and  schooners,  of  from  two  to  twelve  guns  each, 
among  which  there  is  distributed  a  marine  corps 
of  about  two  hundred  and  fifty  men. 

I  have  made  every  efibrt  to  methodize  and  ar- 
range all  I  had  to  present  to  you,  relative  to  the 
Viceroyalty  or  provinces  of  Buenos  Ayres,  in 
such  form  and  manner  as  to  cause  the  subject  to 
be  seen  in  a  clear  light,  and  to  be  fully  under- 
stood .  I  trust  my  efforts  have  not  been  altogether 
fruitless.  And,  as  likely  to  aid  the  obtaining  a 
correct  view  of  what  I  have  related,  and  to  facili- 
tate the  use  and  application  of  some  important 
facts,  I  have  made  out  and  annexed  the  follow- 
ing statistical  table: 


A  $lati9Hcal  table  of  the  late  VxceroyaUy  of  Buenos  Ayres, 


Population  of 

Territorial  extent  in  square  miles  of 

Representa- 

i 

Names  ef  the  prov- 

1 

tives. 

Those  in 

Opposed  to 
Union. 

As  yet 

Those  in 

Opposed  to 

As  yet 

Now  Bnli- 

* 

the  Union. 

eolonies. 

the  Union. 

Union. 

colonies. 

seirt. 

tied. 

1 

Buenos  Avres 

105,000 

. 

60,000 

• 

7 

7 

% 

Banda  Oriental      - 

• 

46,000 

- 

•  86,000 

- 

3 

3 

Entie  Rios     - 

• 

25,000 

- 

•104,500 

• 

8 

4 

Cordova 

76,000 

105,000 

3 

6 

5 

PonU  San  Luis     - 

10,000 

40,000 

1 

6 

Mendoxa 

88,000 

38,000 

2 

7 

San  Juan 

34,000 

36,000 

2 

8 

Ricja     -      •-       - 

80,000 

88,400 

1 

9 

36,090 

11,800 

2 

10 

Santiago  del  Eiteio 

46/)00 

40,000 

3 

11 

TvcuMn 

46,900 

60,000 

8 

1% 

Saba     - 

60,000 

41/)00 

3 

19 

JiQoy    .       .       . 

86,000 

80,000 

1 

14 

Obi^i  *       -       - 

lO/MM) 

88400 

1 

16 

PMMi    -       -       * 

lUMMN) 

18,960 

7 

16 

MJsqiie.       •       . 

16,000 

9,000 

I 

17 

Chareas 

180,000 

6,000 

10 

18 

100^000 

3^00 

•    7 

19 

La  Paz  -       -       - 

k. 

60,000 

10,000 

• 

3 

SO 

Paragntj 

110,000 

m 

43,800 

• 

- 

7 

Total       - 

483,000 

180/)00 

417,000 

643,600 

833,700 

66,800 

26 

71 

lation  and  territory 

• 

• 

1,080,000 

■ 

* 

763,100 

NoTX«— The  productions  of  these  protinces  are  cattle,  wood,  skins,  fruit,  wine,  tobaceo,  lune,  salt,  matte, 
brandy,  peltry,  precious  metals,  grain,  sugar,  and  timber. 

*  The  estimate  of  the  extent  of  these  provinces  includes  their  Indian  territory 


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APPENDIX. 


2164 


OmdUion  of  South  America. 


CHILI. 

6a  the  15th  of  April,  1818,  I  left  Boenos 
Ayres,  and  on  the  26th  arrived  in  Mendoza.  The 
distance,  bf  the  way  of  the  post  road  which  I 
traTelled,  is  estimated  at  nine  hundred  miles. 
After  making  the  necessary  preparations  in  Men- 
doza for  crossing  the  Andes,  I  set  out  on  the 
29th  of  April,  and  arrived  in  Santiago  de  Chili 
on  the  5th  of  May  following.  On  the  7th  of 
May  I  called  on  Don  Antonio  Jos6  de  Irisarri, 
and  told  him  I  wished  to  present  my  respects 
to  the  Supreme  Director  or  the  State,  and  to 
make  some  communications  to  him.  with  which 
I  was  charged  by  the  President  or  the  United 
States.  Mr.  Irisarri,  after  seeing  the  Director, 
replied  that  it  would  be  agreeable  to  him  to  re- 
ceive my  visit  on  the  next  day  at  ten  o'clock, 
when  he  would  do  himself  the  pleasure  of  intro- 
ducing me. 

On  the  next  day,  accordingly,  at  the  hour  ap- 
pointed, I  waited  on  the  Director,  and  found  him 
to  the  common  hall  of  audience  and  business. 
He  received  me  respectfully,  and  I  congratulated 
kirn  on  the  late  splendid  victory  of  Maipu.  which 
had  freed  his  country  from  its  foreign  (oes,  se- 
cured its  independence,  and  would,  I  was  sure, 
be  attended  with  the  happiest  consequences.  He 
expressed  his  pleasure  at  my  congratulations  and 
good  wishes. 

I  told  him  I  was  one  of  those  who  had  been 
sent  by  the  President  of  the  United  States  in  a 
public  ship  to  that  country,  for  the  purpose  of 
obtaining  correct  information  of  ita  situation, 
and  of  making,  some  communications  as  to  the 
course  pursuedl)y  the  United  States,  as  well  in 
a  general  as  a  particular  point  of  view ;  that  the 
President  and  people  of  the  United  States  felt  a 
lively  interest  In  tne  fate  of  that  countrjr,  whose 
people  were  not  looked  on  as  insurgents  in  rebel- 
uon,  but  as  waging  a  civil  contest,  in  which  each 
of  the  contending  parties  were  entitled  to  equal 
rights  and  respect ;  that  the  United  States  had 
and  would  observe  the  most  strict  and  perfect 
neutrality ;  and  that  nothing  should  be  yielded, 
or  in  any  manner  conceded  to  the  one  which 
would  not,  in  like  manner,  be  ^[ranted  to  the 
other,  according  to  the  law  of  nations.  He  said 
he  had  already  oeen  assured  of  the  friendly  and 
neutral  disposition  of  the  United  States,  and  that 
it  was  expected  the  independence  of  Chili  would 
be  first  recognised  by  the  first  independent  Qov- 
ernment  of  their  own  continent.  I  assured  him 
that  the  United  States  wished  no  advantages  of 
any  kind  whatever  of  this  infant  Republic ;  that 
he  would  see,  by  the  late  Message  of  the  Pres- 
ident to  Congress,  the  United  States  neither 
wished,  nor  would  ask,  any  commercial  advan- 
tages of  that  country,  in  any  treaty  which  might 
hereafter  be  formed  between  them:  that  the  in- 
teresta  of  my  country  were  altc^ther  and  per- 
fectly compatible  with  the  best  mteresta  of  that; 
that  the  United  States  not  only  wished  that  coun- 
try independent,  but  also  earnestly  hoped  it 
might  be  free,  so  that  each  might  thus  form 
a  security  to  free  institutions,  and  contribute 


to  the  prosperity  of  the  other;  and  that  Ui# 
late  splendid  victory  having  swept  from  Chili 
everything  like  a  foreign  foe,  I  presumed  it  would 
now  set  about  forming  a  constitution  and  form 
of  government  for  itaelf.  He  said  he  felt  assured 
of  the  mutual  interests  and  good  will  which  sub- 
sisted between  our  countries,  and  that  he  should 
be  glad  to  see  the  President's  Message  to  Con- 
gress ;  that  the  state  of  that  country  hitherto  had 
been  such,  that  no  constitution  could  be  formed ; 
but  that  in  a  short  time  a  provisional  regulation 
would  be  promulgated  for  its  temporary  govern- 
ment He  added  that,  under  existingcircumstanees, 
itwasdeemed  impracticable  to  form  a  constitution, 
and  dangerous  to  convene  a  congress.  lexpresseda 
hope  that  there  could  not  now  be  the  least  appre- 
hension of  a  foreign  foe.  He  said  there  was  not ; 
but  that  conffresses  had  been  found  to  be  very 
dangerous;  that  they  brought  with  them  and 
excited  feuds,  and  jealousies,  and  party  spirit,  and 
intrigue;  that  that  country  had  once  already 
been  lost  by  a  congress ;  that  Venezuela  and  other 
provinces  had  been  lost  by  a  congress ;  thereforci 
no  representation  would  be  convened  there  an- 
til  affairs  were  more  suitable.  I  told  him  I  had 
tMsen  charged  by  the  President  to  seek  and  to  ask 
for  information  concerning  that  country  from  the 
most  correct  sources  and  the  highest  authorities ; 
that  the  Qovernment  of  the  United  States,  owing 
to  that  country's  having  been  so  entirely  closed 
against  all  foreign  intercourse  under  its  lata  sys- 
tem, was  comparatively,  very  uninformed  as  to 
ita  situation,  strength,  and  resources :  I  was  there- 
fore directed  to  ask  for  a  statement  of  ita  popu- 
lation, ita  military  and  nayal  forces,  ita  revenne, 
and  reiMurces  of  every  description,  and  ita  re]a« 
tions  with  other  Powers ;  that  the  communica- 
tions might  be  made  confidentially ;  or,  in  what- 
ever way  it  should  be  made,  I  could  assure  him 
that  the  Qovernment  of  the  United  States  was 
actuated  only  by  the  most  frank  and  friendly  mo^ 
tives,  by  no  other  views  than  those  of  regulating 
its  conduct  hereafter  with  a  correct  knowledge 
of  the  state  of  affairs,  and  that  no  use  whatever 
should  b^  made  of  the  information  thus  commu- 
nicated, other  than  to  promote  the  amicable  rela- 
tions and  the  best  interesta  of  both  countries ;  that 
it  was  important,  as  well  to  that  country  as  to  the 
United  States,  that  any  measures  hereafter  to  be 
taken  should  be  adopted  advisedly,  and  with  a 
perfect  knowledge  or  the  state  of  things.  He 
expressed  his  assent  to  what  I  stated  respeeiing 
the  propriety  of  acting  with  information  of  cir- 
cumstances ;  and  added,  that  he  should  take  plea- 
sure in  orderioff  the  communication  to  be  made 
out  as  requested.  I  then  told  him  I  should  take 
the  liberty  of  again  troubling  him,  when  he  was 
at  leisure,  with  some  other  communications  which 
I  was  directed  to  present  to  his  view.  He  replied  that 
he  should  feel  great  pleasure  in  having  an  inter- 
view with  me  upon  matters  relative  to  our  conn- 
tries,  whenever  it  might  be  convenient,  and  I 
took  my  leave. 

On  the  9th  of  May  I  called  on  the  Director, 
and  delivered  to  him  a  printed  copy  of  the  Pres- 
dent's  Message  of  the  2d  of  December  last,  irhieh 


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APPENDIX. 


2166 


Condition  of  SotUh  America, 


he  had  expressed  a  wish  to  see.  I  said  to  him 
that  he  would  perceiTe  by  it  that  the  United 
States  were  desirous  of  cultirating  the  most 
friendly  intercourse  with  that  country.  He  re- 
plied that  thej  felt  sensibly  the  value  of  our  ami- 
cable dispositions,  and  should  not  be  wanting,  on 
their  part,  in  promoting  amicable  relations  on  the 
most  liberal  terms.  I  expressed  a  hope  that  the 
information  I  had  asked  for  would  be  made  out 
as  soon  as  the  convenience  of  the  public  oflSces 
would  allow,  as  I  was  anxious  to  return  by  the 
first  safe  opportunity.  He  replied  that  it  should 
be  made  out  without  delay.  I  told  him  there 
were  some  other  i)oints  which  I  should,  at  another 
time,  bring  into  view,  but  with  which  I  would  not 
then  engage  his  attention.  In  answer  to  which, 
he  expressed  a  readiness  to  hear  me  with  pleas- 
ure when  convenient.  I  asked  him  if  there  was 
any  news  or  any  occurrence  of  importance  of 
late.  He  said  there  was  nothing  but  the  singular 
and  unlucky  affair  of  their  ship,  the  Lautaro, 
which,  after  having  vanquished  two  frigates  of 
the  enemy,  the  Bsmeralda  and  Peznela  had,  in 
the  most  unaccountable  manner,  suffered  them  to 
-escape.  I  observed  that  I  had  heard  it  spoken  of 
as  an  extraordinary  event.  He  said  he  could  only 
attribute  it  to  the  misconduct  of  the  Chilinos  on 
board  the  Lautaro,  who  were  wholly  unacquaint- 
ed with  maritime  affairs.  I  observed  that  I  pre- 
sumed there  were  but  few  sailors  among  the  people 
of  the  country.  He  replied  it  was  true ;  tor,  in- 
deed, there  was  not  a  sailor  to  be  found  among  all 
the  people  of  Chili ;  and,  he  added,  that  such  was 
their  information  of  the  then  circumstances  of 
Peru,  and  the  feebleness  of  the  royal  forces  there, 
that  if  Chili  now  had  but  a  few  ships-of-war  to 
clear  the  coast,  and  to  transport  its  forces  to  Lima, 
that  city,  with  the  whole  province,  would  at 
once  be  relieved  from  under  the  colonial  yoke ; 
bat  that  the  difficulties  of  procuring  a  naval  ar- 
mament were  very  great.  I  expressed  my  regret 
that  an  achievement  so  splendid,  one  so  important 
in  its  consequences,  and  on  every  account  so  much 
to  be  desired  by  them,  should  be  obstructed  by  a 
difficulty  80  serious  and  insurmountable,  and 
hade  him  adieu. 

On  the  14th  of  Mav  I  called  again  on  the  Di- 
rector. I  told  him  that  there  were  some  other 
Soints  which  I  had  been  directed  by  the  Presi- 
ent  to  bringinto  the  view  of  the  public  author- 
ities of  the  Patriot  Powers  1  should  visit.  The 
first  of  these  related  to  Amelia  Island  and  Qal- 
veston,  which  had  lately  been  taken  possession  of 
by  the  United  States.  The  Director  said  he  had 
never  before  heard  of  these  places,  and  asked  for 
an  explanation  of  their  situation  and  nature.  I 
described  to  him  the  geographical  position  of 
these  two  places ;  and  then  added,  with  regard  to 
Amelia  Island,  that  the  United  States  had  not 
taken  possession  of  it  as  being  a  part  of  its  own 
territory,  but  to  prevent  ita  being  used  as  a  means 
of  violating  its  municipal  regulations,  by  smug- 
gling merchandise  into  the  United  States  in  fraud 
of  its  revenue,  and  bv  introducing  negro  slaves 
into  the  States  immediately  adjoining,  contrary 
to  its  positive  law,  and  thus  increasing  a  species 


of  population  which  was  considered  as  an  evil, 
and  the  addition  to  which  it  was  determined  to 
prevent  by  all  possible  means.  That  Amelia 
Island  had  been  a  rendezvous  for  a  set  of  pirates 
and  freebooters,  who  bad,  for  some  time  past,  in- 
fested those  seas,  interrupting  and  annoying  as 
well  the  commerce  of  the  United  States  as  the 
fair  traders  of  other  nations ;  that,  for  those  rea- 
sons, the  United  States  had  thought  proper  to 
take  possession  of  that  island,  and  to  expel  those 
cruisers  who  pretended  to  sail  under  commissions 
from  the  patriot  authorities  of  Mexico,  of  Vene- 
zuela, or  such  of  them  as  seemed  best  to  answer 
their  purpose;  that  Amelia  Island  was  taken 
possession  of  by  the  United  States  under  a  law 
or  act  of  Congress,  which  authorized  the  Presi- 
dent to  occupy  Florida,  so  as  to  prevent  its  fall- 
ing into  the  hands  of  any  other  nation  until  the 
claims  of  the  United  States  against  Spain  wpre 
adjusted  ;  and  that  it  would  be  held,  accordingly, 
subject  to  explanations  to  be  given  to  Spain. 

With  regard  to  Gkilveston,  the  same  reasons 
had  induced  the  United  States  to  take  possession 
of  it,  so  far  as  regarded  the  violation  or  its  muni- 
cipal and  commercial  regulations;  and,  in  addi- 
tion to  these,  the  United  States  claimed,  and 
would  continue  to  hold  that  position  as  a  portion 
of  its  own  territory,  included,  as  it  contended, 
within  the  true  and  rightful  boundary  of  Louisi- 
ana \  that,  in  occupying  those  two  places,  and 
driving  on  those  cruisers  who  prowled  along  and 
infested  those  seas,  in  the  name  of  the  patriots  of 
South  America,  the  United  States  conceived  that 
they  were,  so  far  from  injuring,  rendering  an  es- 
sential service  to  the  patriot  cause,  by  preventing 
its  name  and  honor  from  being  tarnished  and  dis- 
graced by  a  set  of  sea  robbers  and  freebooters, 
committing  the  greatest  outrages  under  its  name 
and  flag.  The  Director  said  he  saw  it  clearly, 
and  was  very  fflad  the  United  States  had  adopted 
so  correct  and  decisive  a  measure ;  and,  so  far 
from  seeing  anything  unfriendly,  he  anticipated 
from  it  the  happiest  consequences  to  the  patriot 
cause,  by  thus  preventing  an  odium  from  beinff 
unjustly  brought  upon  its  name.  I  then  told 
him  that  the  Government  of  the  United  States 
had  been  informed  that  some  of  the  cruisers,  un- 
der the  real  flag  of  the  patriot  authorities,  had 
committed  considerable  violations  on  our  com- 
merce ;  that,  if  any  such  wrongs  were  to  be  com* 
roitted  by  armed  vessels  sailinj[  under  the  Chi- 
lino  flag,  he  could  not  but  perceive  how  inevita* 
bly  such  acts  would  tend  to  disturb  all  harmony 
between  the  two  countries,  and  to  crush,  in  the 
very  formation,  every  friendly  relation  that  might 
be  begun,  and  desired  to  be  matured  between  the 
two  nations,  since  my  Qovernment  would  feel 
itself  bound  to  protect  the  rights  of  its  citizens 
against  the  insults  or  injuries  of  any  other  people, 
however  deeply  it  might  regret  the  repulsive 
measures  it  was  thus  driven  to  adopt ;  and  that 
the  President  would  wish  to  be  informed  if  there 
were  any  prize  courts  yet  established  in  the  coun- 
try; and,  if  any,  what  regulations  had  been 
adopted  for  the  government  of  the  public  and 
private  armed  vessels  of  Chili.    The  Director 


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APPBNDIX. 


216« 


Condition  of  South  America. 


said  that,  whatever  cause  of  coHipbiDt  the  United 
States  might  have  against  the  people  of  anv  other 
of  the  Patriot  Powers,  none  he  felt  satisfied,  coold 
be  made  against  Chilinos,  or  those  under  the  flag 
of  Chili ;  because,  until  very  lately,  there  were  no 
shipping  or  vesseb  of  any  kind  belonging  to  it, 
excepting,  indeed,  some  fishing  boats,  and  that, 
within  a  few  months  past  only,  some  few  vesaelB 
had  been  commissioned;  that  he  had  heard  of 
complaints  of  abuses  committed  under  the  flag  of 
other  Patriot  Powers ;  and  to  prerent  the  like,  as 
fkr  as  practicable,  from  being  perpetrated  by  those 
of  Chili,  it  had  been  determined  to  put  on  board 
each  an  officer,  and  such  a  number  of  marines  as 
would  be  able  to  control,  and  prevent  the  mis- 
chievous propensities  of  seamen;  that,  with  regard 
to  matters  of^prize,  they  were  brought  before  the 
ordinary  and  temporary  tribunals  of  the  country, 
until  more  formal  and  svsteoMitic  institutions 
could  be  established ;  and  that,  for  the  regulation 
and  government  of  armed  vessels,  a  set  of  rules 
and  orders  had  been  adopted^  a  copy  of  which 
should  be  furnished  me,  which  was  accordingly 
handed  me,  and  accompanies  this  as  document 
marked  A.  I  expressea  much  pleasure  at  hear- 
ing that  measures  would  be  taken  to  prevent  an 
injurious  and  wrongful  course  of  conduct  in  the 
only  subject  which  seemed  likely  at  all  to  disturb 
the  harmony  which  it  was  so  desirable  should  be 
cultivated  and  improved  between  the  two  repub- 
lics; that  the  people  of  'the  United  States  not 
only  felt  a  wish  to  cherish  the  amicable  relations 
between  the  two  countries,  with  an  eye  to  the 
extension  of  the  channels  of  commerce  with  coun- 
tries which  had  what  they  wanted,  and  were  pur- 
chasers of  that  which  they  had  to  spare,  but  they 
also  felt  a  very  lively  interest  in  the  patriot  cause, 
arbing  from  moral  and  political  causes.  They 
had  once  been  colonies,  and  recollected  the  colo- 
nial Government  from  which  they  had  disengaged 
themselves  by  a  sharp  and  tryiak  struggle ;  and, 
having  since  experienced  the  blessings,  and  as- 
certained the  prosperity  flowing  from  an  inde- 
pendent state,  with  liberal  political  and  civil  in- 
stitutions, they  could  not  but  feel  a  very  strong 
sympathy  in  favor  of  the  people  of  Soutn  Amer- 
ici^  who,  they  were  induced  to  believe,  were  not 
only  struggling  to  throw  ofl*  an  odious  colonial 
system,  but  also  to  establbh  for  themselves  repub- 
lican institutions  substantially  similar  to  those 
they  enioyed.  These  were  powerful  causes  for 
sympathy,  and  the  people  oif  the  United  States 
felt  them  with  all  their  influence. 

That,  with  regard  to  the  present  condition  of 
Europe,  it  seemed  to  be  admitted  by  ail  that  it 
was  in  the  most  unsettled  and  unhappy  state; 
that  it  could  not,  and  would  not,  long  remain  pa- 
cific; and  whenever  its  peace  should  again  be 
entirely  broken  up,  then  thai  country  must  look 
to  its  neutral  friend,  the  United  States,  as  its  only 
carrier 3  that  former  experience  has  evincedi  im- 
der  similar  circumstances,  that,  while  the  con- 
tending nations  and  warring  monarchs  of  Europe, 
pursuing  a  policy  peculiarly  their  own,  and  with 
which  the  United  States  is  fortunately  not  en- 
tangled, had  closed  every  channel  of  commerce 


r'nsteach  other,  the  peaceful  republic  became 
same  carrier  to  them  all ;  so,  when  a  similar 
state  of  things  shall  again  arise,  as  seemed  by  no 
means  improbable,  Chili,  being  without  a  single 
seaman,  must  see  that  the  only  neutral  willing 
and  able  to  conduct  its  commerce  in  such  an  event 
would  be  the  United  States.  Indeed,  in  what- 
ever light  the  subject  was  viewed,  that  country 
must  see  that  the  United  States  was  its  natural, 
permanent,  and  fast  friend,  who  bad  no  interest 
incompatible  with  its  most  rapid  prosperity,  its 
greatest  wel&re.  and  most  perfect  freedom ;  that, 
although  Chili  rormed  a  portion  of  this  vast  con- 
tinent, yet  such  were  the  natural  barrbrs  which 
divided  it  from  the  rest,  passable  only  at  certain 
seasons  of  the  year^  along  mere  mme  paths,  it 
should  be  regarded,  in  many  renpects,  as  an  bland 


Chili  was  now  truly  iadependent ;  nor  was  it  by 
nature  tied  by  any  ligatures,  other  than  those  oif 
free  and  mutual  benefit,  to  any  other  country  on 
earth,  and,  therefore,  should  henceforth  regard 
itself  as  holding  its  destinies  in  its  own  hands. 
The  people  of  the  United  States  wish  you  inda« 
pendent,  not  to  bargain  with  you,  by  treaty,  for 
commercial  advanta^^es,  (for,  as  you  have  seen 
by  the  President's  MessiBge,  they  stand  pledged 
before  the  world  to  ask  no  such  stipubtioas  from 
the  new-bom  nations  of  our  contioentj  but  to 
trade  freely,  upon  terms  of  equality  and  mutual 
benefit.  They  ask  j  astice  and  equality— -«o  more , 
and  for  the  rest  rely  on  their  own  ^ul  and  enter- 
prise. You  are  reproached  with  the  epithet  rsM. 
The  people  of  the  United  States  recollect  when 
the  term,  with  as  little  liberality,  was  east  upon 
them,  and  they  sympathize  with  you.  They  are 
free ;  and  their  freeaom  has  caused  them  to  proe- 

Kr  above  ail  other  nations;  they  wbh  you,  in 
:e  manner,  to.be  free ;  that,  by  freedom,  you  too 
may  prosper ;  and  because  free  institutions  aie 
better  caleubted  than  any  other  to  preserve  the 
peace  of  nations;  and  the  more  yeu  flonrbh,  the 
greater  will  be  the  scope  of  our  coamefeUI  aad 
beneficbl  intercourse  with  you.  It  b  with  these 
views  that  I  have  been  directed  to  visit  and  aeek 
correct  information  of  you,  to  the  end  that  the 
relations  between  our  countries  may  be  better  oa- 
derstood,  and,  in  due  season  and  aumner,  matured 
into  strong  and  lasting  friendship.  The  Direelor 
expressed  himself  much  gratified  at  my  view  of 
things;  declared  that,  on  his  part,  nothing  shoiiU 
be  wanting  to  promote  the  oftost  perfect  amity, 
aad  that  he  did  most  cordially  reciprocate  the 
friendly  dbpositions  of  the  United  States ;  but, 
said  he.  in  times  of  revolution,  we  have  seen  that 
it  b  difficult  at  once  to  bring  about  any  in^M>rt- 
ant,  material  change,  however  desirable  and  leas- 
onable,  without  endaaffering  everything.  We 
have  seen  that  our  people  are  not  like  yours;  they 
are  not  used  to  Congresses ;  and,  therefore,  Cea- 
gresses  have  often  lost  the  country.  The  Men* 
can  Conffress  lost  that  country ;  tiie  Congress  of 
Venesuela  had  once  lost  that  counuy ;  and  tke 
Congress  of  Buenos  Ayres  had  eodang eced  that 


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APPENDIX. 


1119 


Oomdition  of  Skmth  America. 


country,  QDtU  now  of  late  it  had  learned  to  act 
more  in  concert  and  with  greater  propriety.  I 
observed  that,  no  doubt,  in  the  beginning,  errors 
would  be  committed ;  but  that  everything  good 
mast  have  a  beginning,  notwithstanding  some  mi- 
nor evils  might  arise ;  that  I  hoped  soon  to  see  the 
representative  system  introduced  into  that  coun- 
try ;  and  that,  n  it  could  not  be  effected  at  once 
upon  a  large  and  comprehensive  scale,  by  filling 
some  of  the  leading  offices  by  election,  the  whole 
system  would  soon  begin  to  flourish;  and,  if 
cherished  and  sustained  by  a  perfectly  free  press, 
I  felt  no  doubt  that  the  liappiest  effects  would 
soon  arise,  and  that  the  principles  of  free  govern- 
ment would  be  as  well  understood  there  as  in  the 
United  States.  He  said  it  was  hiar  determination 
10  adopt,  as  soon  as  practicable,  the  representative 
system  of  government;  and  that,  in  a  few  days, 
his  manifesto  would  be  published,  in  which  all 
his  views  and  intentions  would  be  disclosed.  A 
copy  of  thi»  manifesto  is  annexed,  and  marked  as 
exnibit  B.  After  these  observations  I  bade  the 
Director  adieu. 

On  the  21st  May,  being  in  company  with  the 
Supreme  Director,  in  the  course  of  some  trivial 
conversation  with  him  on  the  afiairs  and  situa- 
tion of  Chili,  he  said  to  me  that  there  always  had 
been  a  good  understanding  between  the  Govern- 
ment of  Buenos  Ayres  and  that  of  Chili  since 
the  reYolution,  but  now  the  tie  between  them  was 
very  intimate  and  strong;  in  short,  said  he,  what- 
eTer  the  Government  of  Buenos  Ayres  was  t# 
ask  of  this  Government,  no  matter  what,  it  would 
be  done ;  and,  on  the  other  hand,  whatever  should 
be  asked  by  Chili  of  Buenos  Ayres,  would  in  like 
manner  be  granted ;  so  that,  in  fact,  the  bonds  of 
union  are  as  strict  as  they  can  be,  for  they  are  as 
two  bodies  animated  by  one  soul.  Previous  to 
the  late  battle  of  Maipu,  said  he,  we  were  obliged 
to  manage  and  get  on  as  well  as  we  could,  but  now 
the  two  Governments  are  united,  never  more  to 
be  separated;  they  cannot  be  separated.  You 
may  hear  some  dissatisfied  people  talk,  and  say 
many  things ;  but  the  truth  is,  that  Chili  and  Bue- 
nos Ayres  can  never  hereafter  be  separated.  The 
conversation  then  turned  on  other  subjects. 

On  the  25th  May,  again  meeting  with  the  Di- 
rector, after  the  usual  civilities  and  some  other 
conversation,  1  asked  him  if  he  had  heard  of  the 
news  or  the  rumor  that  was  said  to  have  been 
brooffht  by  the  last  Buenos  Ayrean  mail.  He 
asked  what  it  was.  I  told  him  I  understood  it 
was  of  no  less  importance  than  that  an  agent  or 
commissioner  had  arrived  at  Buenos  Ayres,  bring- 
ing authority  from  England  and  the  Allied  Pow- 
ers to  mediate  between  the  Patriot  authorities  and 
the  Banff  of  Spain.  He  said  he  had  not  heard 
any  such  news,  and  he  did  not  think  it  could  be 
true^  or  even  probable.  I  told  him  I  viewed  the 
matter  in  a  ught  rather  more  serious  than  he 
seemed  to  do,  and  would  give  him  my  reasons. 
I  then  told  him  that,  on  my  way  thither  from 
home,  I  had  stopped  at  Rio  Janeiro,  and  there 
had  heard,  through  our  Minister  resident  there, 
from  the  Spanish  Minister  resident  at  the  same 
place,  that  Spain  had  prevailed  on  England  to 


use  h^  influence  with  the  Allied  Powers  to  pre- 
vail on  them  to  undertake  a  mediation  between 
Spain  and  her  colonies,  to  induce  the  colonies  to 
return  to  their  allegiance,  on  the  conditions  of 
ff  ran  ting  them  free  trade,  and  some  other  privi- 
leges, and  modifications  of  the  colonial  system, 
the  basis  and  principles  of  which  were  formerly 
proposed,  and  rejected  by  the  Cortes  or  revolu- 
tionary Government  of  Spain,  prior  to  the  resto- 
ration of  Ferdinand  VII.,  ana  which  rejected 
articles  of  pacification  were  to  be  found  inserted 
in  a  book  lately  published  in  England,  entitled 
'^An  outline  of  the  Revolution  in  Spanish  Amer- 
ica,'' which  book  I  understood  Mr.  Irisarri,  his 
secretary,  late  from  England,  as  well  as  Mr.  Mon- 
teaffudo,  an  officer  of  the  Government,  and  who 
had  also  lately  been  in  England,  were  well  ao 
quainted  with;  and,  further,  that  I  had  understood 
England  had  actually  agreed  to  intercede  with 
the  Allied  Powers,  and  it  was  confidently  expect- 
ed its  intercession  would  be  effectual,  and  that  the 
Allied  Powers  would  at  least  be  inuuced  to  five 
the  subject  a  serious  consideration;  but  that  fdld 
not  understand  that  England,  or  any  other  of  the 
monarchs  of  Europe,  had  once  thought  of  includ- 
ing the  Republic  of  the  United  States  in  the  con- 
templated pacification  of  the  Patriot  authorities ; 
perhaps,  because  that  they  saw  that  the  interests 
of  the  mdependent  Republic  of  North  America 
were  so  wholly  unconnected  and  dissimilar  from 
their  own,  that  to  include  them  would  not  fall 
within  the  compass  of  their  schemes,  or  might 
materially  embarrass  their  plans.  The  Director, 
after  a  moment's  pause,  saia,  that  he  did  not  think 
there  was  anything  in  the  report  that  England 
wanted  their  coaunerce,  and  he  did  not  believe 
she  would  uke  an  active  part  against  them ;  and 
that,  as  to  any  modification  of  the  colonial  sys- 
tem, or  return  to  the  allegiance  of  Old  Spain,  by 
that  country,  it  was  entirely  out  of  the  question. 
I  replied,  that,  although  the  last  report  might  be 
groundless,  he  might  rely  on  it  that  there  was 
then  an  actual  negotiation  on  foot  to  induce  the 
Allied  Powers  to  take  sides  with  Spain  against 
them,  and  that  Enghind  had  actually  moved  in 
the  negotiation.  What  was  the  nature  and  com- 
plexion of  the  negotiation^  or  what  would  be  its 
result,  time.aloae  would  disclose.  I  made  some 
further  observations  as  to  the  general  policy  of 
the  European  Powers,  and  the  acknowledged  and 
avowed  political  principles  of  hostility  to  all  new 
and  reformed  Governments,  which  had  held  them 
together  as  allies  for  some  years  past,  when  the 
conversation  turned  upon  other  subjects. 

On  the  7th  June,  in  the  course  of  conversation 
with  the  Director,  he  said  to  me  that  he  had 
thought,  at  the  time,  that  there  could  not  be  any- 
thing in  what  I  had  told  him  respecting  the  me- 
diation of  the  Allied  Powers,  as  moved  by  Eng- 
land, and  that  I  must  have  been  misinformed ; 
now,  however,  said  he,  I  am  perfectly  satisfied  of 
iu  truth,  for  Captain  Shirriff,  of  the  British  frig-' 
ate  Andromache,  who  had  just  left  Santiago,  told 
me  he  had  in  his  power  papers  on  that  subject 
with  which  he  was  going  to  Lima ;  that  he  should 
soon  return  here  on  the  same  subject,  and  bring 


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APPENDIX. 


2172 


Ckmdiiion  of  South  America. 


with  bim  some  account  of  what  might  be  done ; 
and  that'bis  Qovernment  had,  he  was  sure,  in- 
doced  the  Allied  Powers  to  mediate  between 
Spain  and  her  colonies,  and  that  the  sabject  would 
toon  be  taken  up  in  due  form.  The  Director  did 
not  seem  willing  to  ^o  further  in  explanations  as 
to  what  Captain  Shirriff  had  communicated,  but 
gate  me  to  understand  that  all  attempts  at  a  rec- 
onciliation between  Spain  and  that  country,  upon 
any  other  basis  than  that  of  the  recognition  of 
the  entire  independence  of  Chili,  would  be  vain 
and  fruitless. 

On  the  9th  Julv  I  received  the  statistical  in- 
formation which  had  been  promised,  and  which 
is  hereto  annexed,  and  marked  as  document  C.  I 
then  called  at  the  office  of  the  Secretary  of  State, 
and,  after  having  some  conversation  with  Mr. 
Irfsarri  on  the  subject  of  his  communication,  I 
took  my  leave  of  him.  I  then  called  on  the  Su- 
preme Director  for  the  purpose  of  uking  leave 
of  him.  I  told  him  I  should  leave  the  city  on 
the  ensuing  day  for  Valparaiso,  where  I  intend- 
ed to  embark  for  my  country;  that  I  had  re- 
eeived  the  promised  communication,  which,  al- 
though very  concise  and  much  condensed,  would. 
I  hoped,  be  deemed  satisfactory ;  and  that  I  haa 
also  received  a  copy  of  the  rules  and  regulations 
for  the  government  of  cruisers.  He  said  that  he 
had  intended  to  write  to  the  President  of  the 
United  States,  merely  to  say  to  him,  as  the  chief 
magistrate  of  a  great  nation,  that  Chili  had  de- 
clared itself  independent,  so  that  he  might  be  offi- 
cially appYized  of  that  fact,  and  also  to  enclose 
him  his  late  manifesto,  a  copy  of  which  he  had 
sent  me,  (and  is  annexed,)  and  that  if  he  could 
find  leisure  he  should  still  do  so ;  but  that  the  state 
of  his  crippled  arm,  (his  right  arm  had  been 
broken  bv  a  musket  ball  in  the  conflict  of  Can- 
charayada,)  and  the  great  press  of  other  business 
of  more  immediate  urgency,  had  not  left  him  a 
moment's  leisure  or  ease.  I  observed  I  should, 
with  pleasure,  be  the  bearer  of  any  despatches  he 
miffht  think  proper  to  send  to  my  (Government; 
and.  if  he  thouffht  proper,  I  would  call  on  him 
again.  He  said  ne  would  not  ask  that,  but  would 
endeavor  to  have  his  letter  prepared  before  I  left 
town,  and  send  it  to  me.  lie  then  expressed  a 
hope  that  much  good  might  grow  out  of  my  mis- 
sidn,  and  that  it  would  lead  to  the  most  perma- 
nent friendly  relations  between  our  two  countries. 
I  told  him  I  most  cordially  reciprocated  the  hopes 
he  bad  expressed ;  that,  for  myself,  and  as  an  in- 
dividual, I  had  seen,  since  my  visit  to  Chili,  much 
thatshould  induce  the  United  States  to  cultivate  its 
friendship;  that  the  interests  of  the  two  countries 
appeared  to  me  to  harmonize  as  perfectly  as  any 
two  nations  could  possibly  do ;  that  they  were,  in 
no  respect,  at  variance ;  that  all  the  best  interests 
of  mv  country  were  compatible  with  the  most  per- 
fect freedom,  and  the  most  rapid  growth  and  pros- 
perity of  Chili.  The  Director  said  the  subject 
bad  made  a  similar  impression  on  his  mind ;  still, 
however,  said  he,  as  it  would  have  a  powerful 
effect  in  confirming  the  independence  which  Chili 
had  declared,  to  have  it  recognised  by  some  of 
the  most  respectable  independent  nations,  Chili 


would  be  willing,  indeed  does  actually  expect  and 
intend,  to  extend  many  commercial  advantages 
to  that  nation  which  shall  first  recognise  its  in- 
dependence ;  and,  in  doing  so,  it  would  be  pecu- 
liarly gratifying  that  that  favored  nation  should 
be  the  United  States,  a  republic  of  our  own  con- 
tinent, to  which  Chilinos  are  strongly  disposed  to 
become  attached,  and  to  be  upon  terms  of  the 
most  intimate  and  cordial  friendship. 

I  told  him  that  the  people  of  the  United  States 
sympathized  very  strongly  with  that  country  in 
its  struggle  for  freedom,  and  had,  in  various  ways, 
more  particularly  in  the  mission  which  had  been 
sent  to  it,  shown  a  very  great  disposition  to  sanc- 
tion the  independence,  and  to  cultivate  the  friend- 
ship of  Chili,  but,  with  tegtLrd  to  any  commercial 
advantages  to  which  heafluded,  I  had  no  instruc- 
tions to  speak ;  indeed,  on  the  contrary,  he  would 
perceive  that  the  President,  in  his  late  Message 
to  Congress,  had  taken  that  manlv,  open,  and 
generous  ground  from  which  I  did  not  believe 
the  nation  would  wish  to  depart.  The  United 
States  wanted  no  commercial  advantages  held 
out  to  them  as  an  inducement  to  the  acknowledg- 
ing, or  as  a  compensation  for  sustaininff  the  rec- 
ognition of  the  independence  of  Chili ;  tne  repub- 
lic to  which  I  belong  wishes  to  be  informed— to 
see  its  way  clear — to  act  with  a  due  degree  of 
circumspection^  and  it  will  then  treat  with  a  new 
people  contending  for  their  liberties,  as  it  ongh^ 
upon  terms  of  the  most  exact  equality  and  reci- 
procity, and  be  prepared  to  meet  all  consequences. 
But,  said  the  Director,  we  shall  certainly  make 
regulations  in  favor  of  that  nation  which  shall 
first  recognise  our  independence;  our  people  will 
expect  it,  and  it  will  be  done.  I  observed,  that 
the  people  of  the  United  States  would  not  fail 
duly  to  appreciate  whatever  municipal  regula- 
tions, in  favor  of  the  commerce  of  their  countryj 
might  flow  from  the  voluntary  goodwill  of  the 
Government  of  Chili,  in  the  event  of  its  inde- 
pendence being  recognised,  but  I  (eit  confident 
that  my  Government  would  not  ask  to  have  any 
advantageous  stipulations  inserted  in  any  treaty 
it  might  enter  into  with  Chili;  that  the  United 
States  sought  only  for  justice  and  perfect  equal- 
ity, and  relied  for  all  advantages  on  the  intelli- 
gence, skill,  and  enterprise  of  its  citizens,  to  in- 
sure to  them  every  benefit  they  could  wish  from 
their  good  friends  the  Chilinos.  The  Director 
then  desired  that  I  would  present  his  highest  re- 
spects to  the  President  of  the  United  States,  and 
express  to  him  his  amicable  disposition,  as  well 
for  himself,  personally,  as  in  the  name  and  in  be- 
half of  Chili.  I  wished  him  much  happiness^ 
&c.,  and  bade  him  adieu. 

On  the  next  day,  the  10th  July,  1818,  I  left 
Santiago  de  Chili.  On  the  day  following  I  ar- 
rived in  Valparaiso.  On  the  15th  I  sail^  from 
thence,  in  the  brig  America,  Captain  Daniel  Rea, 
bound,  by  the  way  of  Cape  Horn,  for  Philadel- 
phia, where  I  arrived  on  the  29th  October.  1818. 

In  contemplating  the  state  of  things  in  Chili, 
one  is  struck  at  once  with  the  variety  and  noveltj^. 
A  country  exhibiting  features  so  bold,  and  in 
many  respects  so  entirely  singular ;  where  natare 


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APPENDIX. 


2174 


CondUion  of  South  America. 


hat  been  io  some  cases  so  liberal  in  bestowing 
her  benefits,  yet  has  withheld  them  in  others  no 
less  important;,  whose  soil  is  generous  in  the  nu- 
trition of  the  cereal  gramina  to  the  utmost  bounds 
of  what  has  been  anywhere  known,  yet  more 
than  half  of  its  whole  extent  refuses  to  sustain  a 
timber  tree ;  a  sky  seldom  orershadowed  with  a 
cloud,  and  rarely  swept  by  a  tempest  $  the  sur- 
face of  the  territorjr  bound  with  chain  above  chain 
of  rocky  monntains,  yet  frequently  trembling 
with  earthquakes,  and  seldom  refreshed  by  a 
shower;  a  people  mild,  amiable^  braye^and  unin- 
formed, who  but  yesterday  passively  yielded  obe- 
dience to  a  monarch  known  to  them  only  through 
the  medium  of  his  oppressive  deputies,  yet  whose 
cause  they  for  a  time  espoused,  and  whose  wrongs, 
deposition,  and  vices«  aigitatea  and  awoke  them 
into  their  present  revolution ;  a  people  who  hava 
with  a  braverv  never  surpassed,  and  worthy  of 
the  cause  in  which  they  have  engaged,  declared 
themselves  independent  and  determined  to  be 
free ;  who  have  begun  to  disengage  themselves 
from  their  shackles,  and  to  throw  off  their  sack- 
cloth and  ashes :  a  country  where  the  old  insti- 
tutions are  many  of  them  tumbled  into  ruins,  and 
there  seems  to  lie  a  wish  or  a  necessity  to  aban- 
don them  all;  where  society  has  swung  from  its 
ancient  moorings,  and  is  loosely  or  onljr  held  to- 
gether by  the  first  principles  of  civilization,  or 
an  ill-jointed  militarv  despotism,  well  disposed  to 
command,  yet  trembling  at  the  very  name  of  the 
people ;  altogether  presenting  a  scene  which  can- 
not be  viewed  with  indifference,  to  which  it  is 
diflicult  to  do  justice,  and  with  which  the  under- 
standing may  be  readily  misguided  by  the  feel- 
ings. In  such  a  state  of  things,  to  collect,  digest, 
and  arraffjge  a  clear  and  distinct  view  of  affiiirs, 
of  the  commerce  of  Chili,  of  its  strength,  military 
and  naval,  of  its  capacities  in  peace  and  war,  its 
political  institutions  now  existing,  or  the  nature 
of  those  likely  to  be  framed,  is  by  no  means  an 
easy  task.  In  a  time  of  revolution  every  fact  and 
circumstance  is  apt  to  be  distorted  by  the  pas- 
sions ;  generosity  hopes  too  confidently  and  paints 
too  fair ;  ambition  colors  to  suit  its  purpose;  and 
malice  and  indolence  are  always  boding  ill,  and 
often  denounce  venal  feelings  as  evidence  of  in- 
oorable  vice,  and  proofs  of  the  necessity  of  con- 
tinuing the  exercise  of  arbitrary  power.  With- 
out, however,  presuming  to  indulge  in  speculation, 
I  shall  confine  myself  to  the  path  of  duty,  and 
endeavor  to  draw  together  ana  arrange  a  plain 
account  of  present  and  existing  faeu  and  circum- 
stanoes  relative  to  a  country  in  many  respects  so 
interesting  to  the  United  States. 

The  long  and  mountainous  territory  of  Chili 
commences  on  the  Pacific,  at  the  mouth  of  the 
Rio  Salado;  thence,  ascending  that  river,  and 
eztendinff  away  from  it  toward  Paquil  by  a  line 
in  a  northeasterly  direction,  over  a  portion  of  the 
frightful  desert  of  Ataeama  beyond  the  twenty- 
fourth  degree  of  south  latitude,  until  it  intersects 
the  great  chain 'of  the  Anded  covered  with  per- 
petual snows ;  thence,  turning  directly  south,  and 
Uking  for  its  boundary  the  summit  of  the  most 
elevated  Cordiilwa,  and  continuing  along  it  south, 


embracing  what  is  sometimes  called  New  Chili, 
or  the  land  of  Magellan,  until  it  reaches  the  strait 
of  the  same  name;  thence,  returning  by  a  coast 
of  more  than  two  thousana  miles  in  extent,  in- 
dented by  numerous  bays  and  harbors,  along 
which  are  found  the  mouths  of  about  thirty-five 
rivers,  which,  after  irrigating  some  of  the  roost 
productive  valleys  on  earth,  pour  the  melted 
snows  of  the  Andes  into  the  Pacific ;  including 
also,  as  a  part  of  the  dominion  of  Chili,  along  its 
bold,  brown  coast,  many  islands,  besides  the  great 
one  of  Chiloe,  or  those  which  form  the  archi- 
pelago of  Chiloe  or  the  Ancud. 

The  traveller  who  should  set  out  from  the 
straits  of  Chacao,  and  make  the  tour  of  Chili  en- 
tirely to  its  northern  boundary,  the  Rio  Salado, 
would  form  an  opinion  of  the  country  in  many 
respects  materially  different  from  what  would  be 
taken  up  by  reading  any  account  of  it  that  has 
been  hitherto  published ;  he  would  find  a  land 
whose  advantages  and  inconveniences  are  in 
many  respects  peculiar,  which  has  been  suffi- 
ciently eulogized  in  general  terms,  yet  the  excel- 
lencies of  which  have  not  been  so  accurately  de- 
scribed and  estimated  as  they  ought  to  have  been* 
Laving  aside,  however,  all  that  Mongs  to  historjr 
and  philosopher,  and  without  entering  into  a  sci- 
entific discussion  of  the  physical  peculiarities  of 
Chili,  I  shall  make  some  few  observations  on  the 
qualities  of  the  territory,  and  its  capacities,  as 
evinced  by  past  experience,  to  furnish  its  quota 
to  the  general  stock  of  commerce,  and  as  being 
in  itself  the  avenue  to  a  more  extended  scope  <m 
mercantile  enterprise  and^profiL  Supposing  the 
tourist  to  commence  from  the  straits  of  Chacao 
with  these  objects  in  view,  he  would  naturally 
have  his  attention  directed  to  the  number  of  the 
articles  of  the  first  necessity  with  which  the 
country  was  clothed  or  furnished  by  nature;  and 
he  would  no  less  attentively  observe  its  capacity 
to  produce  those  articles  by  cultivation  as  well 
as  what  might  be  extracted  from  it  of  real  or  of 
artificial  value;  and,  these  being  ascertained, 
every  thing  belonging  to  natural  philosophy  would 
be  understood  relative  to  Chili  necessary  for  a 
foreign  Government  to  know  in  order  to  regulate 
its  commercial  intercourse  with  it  to  advantage. 

Taking  leave  of  the  shore  opposite  the  island 
of  Chiloe,  and  entering  into  the  territory  of  the 
Araucanian  Indians,a  citizen  of  the  United  States 
might  imagine  himself  among  the  mountain  for- 
ests of  his  own  country.  He  would,  no  doubt,  be 
struck  with  the  great  dissimilarity  of  almost  eve- 
ry individual  belonging  to  the  vegetable  kingdom 
from  those  of  the  northern  hemisphere,  but  with- 
out proceeding  to  inquire  and  investigate  as  a 
mere  botanist,  he  would  see  a  country  abundantly 
clothed  with  fine  timber,  excellent  of  its  kind, 
and  extremely  well  adapted  to  domestic  and  to 
naval  architecture,  and  all  other  useful  purposes; 
he  would  find  the  soil  which  was  thus  valuably 
shaded  prodigiously  fertile,  almost  all  of  it  fit  for 
tillage,  and  well  adapted  to  the  cultivation  and 
growth  of  the  various  kinds  of  grain ;  the  climate 
he  would  find  not  materially  different  from  that 
to  be  met  with  in  the  United  States  among  the 


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217< 


QmdUion  of  SonOh  America. 


moaataiDs  at  a  similar  distanee  from  the  equa- 
tor; not  80  intenself  cold  io  the  winter,  bat  no 
less  generally  salnbrions.  This  would  be  found 
to  be  the  general  face  of  the  country  until  he 
arrived  at  the  banks  of  the  Biobio.  He  would 
find  this  fine  region  at  present  owned  and  occu- 
pied by  the  celebrated  Araucos,  a  peculiar  race 
of  American  aboriffines,  who,  with  rapidly  sink- 
ing fortunes  and  broken  spirits,  still  have  some- 
thing of  their  pristine  character  and  virtue  left, 
but  who  are  declining  in  numbers  and  in  strength, 
and  among  whom  the  names  of  Lautaro  and  Ca- 
paulicon  are  yet  remembered,  but  are  revered  as 
the  last  of  the  Araucos. 

Crossing  the  Biobio  he  would  enter  immedi- 
ately into  the  bbhopric  of  Conception,  a  country 
occupied  by  Spanish  population,  and  similar  to 
that  of  Araueo,  except  so  fkr  as  its  present  civi- 
lised owners  have  wroaeht  changes  on  its  fea- 
tires.  At  the  river  MauTe,  he  would  take  leave 
of  the  bishopric  of  Conception  and  enter  that  of 
Santiago;  but  he  would  here  perceive  that  a 
boundary  much  more  important  than  that  which 
had  been  drawn  between  the  temporalities  of  the 
church  had  been  established  by  nature  herself; 
that  her  clothing  of  rich  forests,  which  have  been 
gradually  made  thinner,  was  here  entirely  thrown 
oflf;  he  would  obeerve,  here  and  there,  a  solitary 
tree,  but  no  more  of  what  could  be  called  a  tim- 
ber forest^  he  would  observe  some  trees  and 
thickets  skirting  the  margins  of  the  rivers,  and 
notice  that  the  valleys  and  mountain  sides  were 
gavly  decorated  with  flowers  of  the  most  vivid 
colors,  of  various  shrubs  and  plants,  and  that  they 
were  thickly  clad  with  grass  and  herbage,  but 
that,  stripped  of  all  umbrageous  covering,  nature 
lay  exposed  under  a  calm  and  doudless  sky, 
basking  in  the  stron^r  rays  of  a  fervid  sun.  From 
the  city  of  Conception  to  Santiago,  the  capital 
of  the  Bute,  he  would,  with  the  exception  ot  one 
or  two  ridges,  pass  through  one  continued  village 
of  peasantry ;  and,  fmrsuTng  his  route  still  north- 
wardly, until  he  arrived  at  the  river  Aconcagua, 
he  would  observe  that  the  soil  had  nowhere  di- 
minishsed  in  its  general  fertility,  but  that  it  was 
yet  more  destitute  of  timber  and  forest  trees: 
and  he  would  remark  that,  from  Santiago,  and 
indeed  some  distance  to  the  southward  of  that 
city,  no  valley  or  field  could  be  planted  or  culti- 
vated in  any  wa]^  which  was  not  so  situated  as 
to  be  rmilarly  irrigated  from  some  river  or 
stream  ofwater. 

After  crossing  the  river  of  Aconcagua,  he 
would  perceive  that  he  had  lefit  the  forests  and 
the  timbered  regions  of  Chili  far  behind ;  that  he 
had  passed  the  country  so  astonishingly  produc- 
tive of  wheat  and  barley ;  and  that  he  had  now 
entered  upon  the  dry  and  sultry  regions  of  the 
mines  of  tin,  copper,  silver,  and  fold,  where  the 
soil  was  less  productive  of  vegetable  fruits,  where 
nature  was  in  those  respects  less  kind  or  more 
neglected  than  farther  to  the  south.  After  pass- 
ing this  comparatively  unproductive  but  golden 
region,  whose  riches  chiefly  lie  hid  beneath  ito 
surface,  he  might  be  received  into  the  wretched 
casueha  of  a  vacuna  hunter  on  the  banks  of  the 


Salado,  the  northern  boundary  of  the  State,  and 
on  the  confines  of  the  drearjr  desert  of  Atacama 
where  thirst  and  famine  claim  an  entire  domin*- 
ion,  and  forbid,  under  heavy  penalties,  the  en- 
croachment of  either  vegetable  or  animal  life. 
He  would  then  have  paKed  over  numerous  val- 
leys of  a  rich  black  ana  chocolate-colored  soil, 
some  in  grain^  but  mostly  grass  and  herbage,  of 
almost  incredible  fecundity.  He  would  have  fre- 
quently passed  steep  cuestas,  or  declivities,  and 
portezuelas^  or  little  doors,  in  the  ridges  which 
appear  to  jnrt  and  belt  the  country  in  every  di- 
rection. He  might;  on  casting  up  his  eyes  as  he 
crossed  a  valley,  imagine  himself  in  the  bottom 
of  an  immense  natural  basin,  surrounded  on  all 
sides  by  high  mountains,  by  which  the  rays  of 
the  sun  appear  to  be  concentrated  to  a  focus,  and 
poured  with  the  greatest  iatensitr  upon  the  flat, 
unshaded  surface  below.  Until  he  had  reached 
the  river  Maule,  he  mi|ht  occasionally  at  any 
season  have  been  deluged  with  rain;  but  at  Saa- 
tiago,  for  seven  months  in  the  year,  the  valley  is 
never  once  refreshed  by  a  single  shower;  and 
beyond  Copiapo  mins  are  scarcely  known.  Be 
would  have  sometiBoee  risen,  and  again  deeceaded, 
from  one  valley  into  anQmer;  and  holding  a 
course  generally  from  south  to  north,  he  would 
occasionally  have  followed  the  valleys  as  tbev 
inclined  or  declined  easterly  or  westeriy.  m 
would  have  scarcely  ever  lost  sight  of  the  prin- 
cipal towering  Cordillera  of  the  Andes  on  the 
right;  and  now  and  then,  rising  on  an  eminence^ 
or  looking  through  a  portexuela,*  in  the  ridfC 
which  lifts  its  brown  side  almost  perpendicularfy 
above  the  waves,  he  would  have  had  a  sight  tH 
the  great  Pacific  ocean.  He  would  ly  ve  trav- 
elled upwards  of  one  thousand  miles,  and  seen 
all  Chili. 

Taking  this  as  the  extent  of  Chili,  as  it  is  gen- 
erallv  considered  when  spoken  of  by  its  own 

Ole,  ffor  they  seldom  make  any  account  of  tht 
of  Magellan,)  the  State  may  be  divided,  as 
to  its  climate,  into  two  regions;  the  variable  aad 
humid  region  south  of  the  Maule,  where  the 
weather  is  changeful,  and  it  raias  occasionally 
throughout  the  year,  as  in  the  United  States,  aad 
the  invariable  and  dry  countrjr  to  the  north  of 
that  river,  where  it  does  not  rain  for  two-thirds 
of  the  year,  and  in  the  most  northerly  provinces 
of  which  it  rains  not  at  all.  And  with  reference 
to  iu  natural  productions,  the  country  south  of 
the  Maule  may  be  called  the  timber  re^on,  fiom 
the  Biobio  to  the  valley  of  Aconcagua.  inclosiTe. 
a  land  flowing  with  com,  wine,  and  oil;  and 
from  thence  lo  the  northern  boundary,  the  reffiea 
of  valuable  and  precious  metals.  These  leading 
characteristic  traits  and  features  are  intelligibly 
and  visibly  8tam|>ed  upon  it  by  the  hand  of  na- 
ture ;  they  are  evident  at  first  sight,  and  at  once 
attract  the  attention  of  every  stranger.  But  ta 
this,  as  to  other  general  rules,  there  are  excep- 
tions; there  are  some  forest  trees  near  Santiago, 
and  they  will  grow  wherever  there  is  a  regumr 
supply  of  moisture.  Wheat  and  vines  are  colti* 
vated  near  Copiapo,  and  iron  is  said  to  be  foaad 
in  greatest  abundance  near  the  southern  extrem« 


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APPENDIX. 

QmdUion  of  SotOh  America. 


m^ 


icy  ot  the  State.  And  the  Chiliaos,  when  io 
their  boastful  mood,  say,  with  more  fooiidation 
of  truth  than  at  first  mfffht  be  imagined,  that 
they  possess  a  country  which  is  throughout  of 
greater  fecundity  than  any  other  on  the  globe, 
and  that  they  never  put  their  foot  upon  it  with- 
out treading  on  silver  and  on  gold. 

The  average  production  of  wheat  in  the  grain 
country  south  or  Aconcagua  I  believe  to  be  truly 
estimated  at  about  fifty  bushels  for  one  sown. 
The  soil  of  the  valleys  of  Chili  certainly  has 
every  external  appearance  of  fertility  \  but  still  I 
am  inclined  to  believe  that  much  is  to  be  attri- 
buted to  the  peculiarity  of  the  climate  of  the 
middle  and  northern  parts  of  the  State.    The 
grain  is  sown  at  the  commencement  of  the  rainy 
season,  or  soon  after  it  sets  in ;  af^er  that  is  over, 
and  as  it  ia  required,  the  field  is  regularly  watered 
from  a  neij^hborlng  stream ;  there  is  not  much 
dew,  no  rain,  and  never  a  wind  to  break  or  pros- 
trate the  stalk  of  the  grain  during  the  period  of 
its  growth.    Thus  furnished  with  an  abundance 
of  moisture  at  the  root,  where  for  wheat  it  seems 
to  be  only  wanted,  a  fervid  sun,  uninterrupted 
either  by  fogs,  or  rains,  or  heavy  blasts^  or  cold 
seasons,  which  in  our  country  so  often  disappoint 
the  hopes  of  the  farmer,  urges  an  uncommonly 
senerous  soil  to  exert  all  its  energies,  and  gently 
bring  to  maturity  all  its  fecundity.    As  a  proof 
of  the  uncommon  aridity  of  the  atmosphere,  near 
and  north  of  Santiago,  it  is  usually  otoerved  that 
iron  retains  its  polish  a  long  time,  and  is  very 
alowl^  affected  oy  rust.    But  accident  drew  my 
attention  to  what  appeared  to  be  a  more  accurate 
test  of  the  dryness  of  the  air  in  Chili.    In  the 
humid  atmosphere  of  the  neighborhood  of  Punta 
San  Luis,  iust  above  the  great  pampas,  there  is 
found  in  abundance,  growing  wild,  a  small  para- 
sitic plant  much  admired  for  the  beauty  and 
sweetness  of  its  flower,  called  the  flora  del  ayre, 
from  its  deriving  its  subsistence  entirely  from  the 
air;  it  has  been  taken  to  Buenos  Ay  res,  and  there 
flourishes  well.    But,  on  inquiring  for  this  little 
parasite  in  Chili,  I  was  told  that  it  had  been  very 
often  brought  over  the  Andes,  but  was  never 
known  to  survive  the  extreme  dryiM83  of  the 
atmosphere  of  Chili  more  than  one  season. 

The  soil  of  the  valleys  of  Chili  is  as  productive 
of  barley  as  of  wheat,  and  appareatly  for  the 
aaoie  reason;  but  there  is  not  much  Indian  corn 
raised,  because,  as  is  said,  it  requires  its  top  as 
well  as  its  root  to  be  moistened  and  refresned, 
and,  therefore,  the  climate  does  not  everywhere 
aait  iu  growth  as  well  as  it  does  small  grain. 
Chili  is  no  less  wonderfully  fruitful  in  the  pro- 
duction of  hemp  than  in  wheat.  In  all  the  hu- 
mid region,  and  in  every  part  of  it  where  the  soil 
can  be  regularly  irrigated,  hemp  may  be  pro- 
duced in  any  quantity.  The  vine  also  flourishes 
exceedingly  well  wherever  it  can  be  watered,  and 
is  very  generally  cultivated  with  great  profit. 
The  fruit  of  the  vineyards  of  Chili  is  very  abun- 
dant; but  the  means  used  for  preparing  the  pro- 
duct for  market  are  awkward,  wasteful,  and  bad. 


is  generally  bad ;  but  I  have  tasted  some  excel* 
lent  Chili  wine  that  had  been  made  with  care  in 
Pence,  near  Conception,  and  by  one  or  two  others 
near  Coquimbo.  The  raisins,  when  carefully 
dried,  are  very  fine.  Figs  grow  in  great  abun- 
dance and  perfection.  The  olive  tree  also  ffrows 
to  a  great  size,  and  yields  abundant  crops  of  very 
large  fruit.  Almost  all  the  olive  oil  used  in  Chili 
is  made  in  the  country ;  it  is  as  well  tasted  as 
that  of  Europe,  but  not  so  well  clarified.  The 
stocks  of  cattle  are  everywhere  numerous,  par- 
ticularly from  Aconcagua  to  the  southward. 
Each  landholder  has  a  great  number  of  horned 
cattle ;  the  oxen  would  be  reckoned  very  fine  in 
the  United  States.  The  cattle  are  of  a  large 
size,  and  generally  in  a  condition  for  beef,  except 
about  two  months  in  the  year,  when  the  pastur- 
age north  of  the  Maule  fails ;  that  is,  after  the 
first  rain  has  destroyed  the  grass  which  has  been 
dried  on  the  surface  of  the  eartb,  and  before  the 
next  covering  springs  up.  The  horses  of  Chili, 
whose  rising  forehead  and  sprightly  countenance 
b^peak  them  to  be  of  the  Moorish  race  of  Anda- 
lusia, are  uncommonly  active,  spirited,  and  ser* 
viceable;  they  are  numerous  and  cheap.  The 
most  common  beasts  of  burden  of  the  country, 
however,  are  the  mules ;  they  are  raised  in  great 
numbers,  and  are  certainly  the  finest  I  have  seen  < 
anywhere.  The  country  seems  to  be  in  many 
respects  peculiarly  adapted  to  sheep.  There  are 
none,  or  very  few,  of  the  merino  breed ;  but  of 
the  oommon  kind  there  are  great  flocks  that  are 
little  attended  to,  and  by  some  owners  not  shorn 
of  their  wool  once  during  the  whole  year. 

In  the  dry  regions,  the  ridges  and  lesser  moun- 
tains, which  cannot  be  watered,  seem  to  be  con- 
demned to  perpetual  pasturage.  They  are  annu- 
ally clotheo  with  a  rich  coat  of  grass,  which  is 
slowly  ripened  and  gradually  dri^  into  hay,  in 
which  state  it  remains  on  the  ground  as  good 
food  for  the  cattle  until  the  fix&i  rain  in  Autumn, 
when  it  is  spoiled  or  swept  ofi*,  and  then  follows 
a  season  of  scarcity  of  aoout  two  months  until 
this  mountain  grass  springs  up  again.  This  is  a 
short  interval,  and  of  pleasant  weather,  compared 
to  our  Winters;  but  the  cattle  feel  it  severelv^  as 
nothing  is  provided  for  them.  Hides,  tallow, 
horns,  and  jerked  beef,  are,  at  present,  cheaper 
in  Chili  than  in  Buenos  Ay  res;  but  its  mountain 
pastures  can  never  be  expected,  upon  a  large 
scale,  to  compete,  in  these  articles,  with  the  great 
pampas  of  Buenos  Ayres.  The  husbandry  of 
Chill  is  in  the  very  rudest  and  lowest  state:  there 
appeared  to  be  no  one  single  operation  conducted 
with  skill,  or  with  the  proper  advantages;  yet 
there  are  few,  if  any,  countries  on  earth  where 
the  labors  of  the  husbandman,  shepherd,  and 
herdsman,  are  so  generously  and  liberally  reward- 
ed.  The  riches  that  Chili  even  now  derives 
from  these  articles  are  considerable,  and  they 
might  be  immense.  It  is  now,  and  must  always 
be,  the  granary  of  all  tropical  regions  fronting  on 
the  Pacific.  Bat  Chili  has  not  hitherto  been 
permitted  to  know  its  own  value,  or  to  exhibit 


Their  presses  and  distilleries  for  making  wine   the  various  sources  of  iu  wealth.'    There  ari  a 

and  brandy  are  rudely  managed,  and  the  liquor  I  few  flour  mills  in  the  country  which  manuiae* 

15th  Con.  1st  Ssae.~69  ^  t 

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APMHBIX. 


S180 


QmdiHon  qf  Souih  Ameriea. 


mre  tome  for  ezportation.  It  is  not,  however, 
for  want  of  streams  and  falls  of  water  that  more 
aad  better  mills  are  not  erected.  Immediately 
in  the  suburbs  of  Santiago  de  Chili  there  are 
three  mills  turned  by  the  river  Mapocho.  They 
are  said  to  be  as  sood  as  any  in  the  country,  and 
are  what  would  be  called,  in  the  Middle  States 
•f  our  Union,  tub-mills,  from  the  structure  of  the 
water  wheel.  .  The  whole  machiinery  of  them  is 
extremely  simple  and  rude. 

There  are  so  many  Taiuable  and  productive 
mines  in  the  province  of  Coquimbo  and  the  coun- 
try to  the  north  of  Aconcagua,  and  the  people 
there  are  so  little  engajged  in  agriculture,  and  so 
much  devoted  to  the  diffgin^  after  metals,  that  it 
is  emphatically  called  tne  mining  countrv.    But, 
besides  the  mmes  beyond  Aconcagua,  tnere  are 
nines  and  lavaderos  all  over  the  State,  which 
eoAtribute  more  or  less  to  the  general  amount. 
It  is  difficult  to  form  a  very  accurate  estimate  of 
the  actual  annual  amount  of  the  precious  metals 
produced  from  Chili  during  the  past  years  of 
Qolooial  peace,  owing  to  the  loose,  obscure,  and 
mingled  state  of  things  under  the  late  system, 
and  which  have  been  still  more  confused  since. 
If  it  be  true,  as  has  been  said,  that  two  millions 
were  exported  during  the  last  year  from  Buenos 
Ayres,  there  can  be  little  doubt  that  much  the 
greater  part  of  that  amount  was  obtained  from 
Chili,  because,  as  is  acknowledged  by  all,  there 
never  was  a  period  of  time  when  the  mines  of 
the  high  provinces  were  less  productive,  owing 
to  the  country's  having  been  so  lonff  and  so  mtich 
the  seat  of  war;  and,  indeed,  of  the  reduced 
amount  that  has  been  extracted,  the  greater  part 
was  from  the  mines  of  those  provinces  in  the 
actual  possession  of  the  royalists  $  and,  therefore, 
from  thence  none  could  have  gone  to  Buenos 
Ay  res.   In  corroboration  of  these  reasons,  it  seems 
to  be  the  universal  impression,  acknowledgment, 
or  complaint,  in  Chili,  that  great  sums  of  money 
have  been  sent  over  the  Andes,  during  the  last 
year,  to  Buenos  Ayres.    Besides  that  which  has 
made  its  way  abroad  over  the  mountains,  there 
has  gene  from  Chili,  direct  to  foreign  nations,  in 
•ther  waysj  in  paymento  for  its  imports  by  sea. 
upwards  of  one  million  more,  which  would  swell 
the  last  year's  coin  or  bullion  to  near  three  mii- 
Hoos— in  a  year,  too,  of  distraction  and  civil  war. 
Hence  it  would  apoear  that  the  State  has,  in 
that  time,  sent  abroad  more  than  twice  the  amount 
of  precious  metals  that  has  been  coined  at  iu 
own  mint;  and,  from  the  present  exhausted  state 
of  the  countrv,  and  other  circumstances,  I  am 
induced  to  believe  it  very  probable. 

But  the  precious  metals  of  Chili  can  be  con- 
aidered  as  among  the  number  of  the  articles  of 
its  commerce  only  to  that  amount  which  is  over 
and  above  what  may  be  necessary  as  coin  to 
'  carry  on  its  own  domestic  exchanges.  After 
cbfiductioff  the  amount  of  its  necessary  circula- 
ting medium,  the  surplus  is  clearly  one  of  its 
productions^  which  it  offers  to  the  exchanges  of 
foreign  nations.  It  is  true,  as  Mr.  Secretary 
Wsarri  has  observed,  that  the  coinage  at  the  mint 
«ea  not  give  the  amount  actually  extracted  from 


the  mines.    The  exportation  of  baliion  is  pro- 
hibited altogether,  yet  a  consideriible  amount  b 
annually  smuggled  out  of  the  countrv ;  (and  this 
is  the  contraband  to  which  he  alludes \\  and  it 
wiU  increase,  because  of  the  temptations  held  out 
by  the  high  duties  on  coin.    All  metal  is  directed 
to  be  carried  to  the  mint,  where  it  pays  a  qidml^ 
or  one-fifth,  duty ;  and  then  the  coin,  if  it  be  ex- 
ported, is  taxed  with  a  duty  of  nine  per  cent, 
more;  but  if  the  bullion  be  smugded  abroad,  the 
quint  and  nine  per  cent,  are  saved.    That  species 
of  bullion  called  pUiia  pina,  from  the  silver  har- 
ing  been  cast  into  Ipmps  resembling  a  pine  burr, 
is  worth  one*eighth  more  than  the  standard  coin. 
This  furnishes  another  inducement  to  smugg^; 
and,  so  soon  as  it  shall  be  well  ascertainedthat 
pUUa  fdna  may  be  passed  for  the  same  superior 
value  in  China  which  it  bears  in  Chili,  this  in- 
ducement will  be  much  increased.    Before  the 
ports  of  Chili  were  opened  to  forei^  commerce, 
the  people  had  no  means  of  procuring  maaj  ne- 
cessary household  utensils,  such  as  plates,  dishes, 
mugs,  cups,  bowls,  forks,  dtc.,  other  thaii  those 
made  in  the  country ;  hence  it  was  not  altogether 
pride  and  ostentation  which  caused  so  general  a 
use  of  silver  utensib  of  this  description ;  they 
were  necessaries,  and  the  cheapest;  indeed,  in 
some  cases,  the  only  kind  to  be  had.    Thb  is  the 
home  consumption  alluded  to  by  Mr.  Irisarri; 
and  it  is  articles  of  this  description,  chiefly,  wkdch 
in  the  mint  report  annexed  to  his  letter,  are  de- 
signated by  the  name  of  chafalonia,  or  botched, 
old-fashioned  ware.    The  consumption  of  silver 
in  this  way,  formerly,  to  gratify  the  ostentation 
and  the  convenience  of  the  Spanish  fsmiUes, 
was  very  considerable ;  but,  since  the  porcelain 
from  China,  the  British  Liverpool  ware,  and  the 
English  cutlery,  have  been  introduced,  the  cha- 
falonia, or  old-fashioned  articles,  disappear  very 
rapidly.    Therefore,  of  the  two  causes  alluded 
to  by  Mr.  Irisarri,  which  render  the  mint  estimate 
unfaithful  guide  in  ascertaining  the  aetoal 


production  of  the  mines,  the  one  increases  and 
the  other  diminishes  with  the  opening  of  the 
ports  and  the  activity  of  foreign  commerce.  Upon 
the  whole,  however,  it  is  reasonable  to  suppose 
that  Chili  produced,  just  before  the  commence- 
ment of  the  revoluttoo,  more  than  three  millions 
of  the  precious  metals;  and  as  but  a  small  qoan* 
tity  of  this  could  be  required  to  keep  up  the  ne- 
cessary amount  of  its  circulating  medium  at 
home,  this  article  of  its  commerce  may,  therefore, 
be  set  down  at  about  three  millions  annoaUy. 

Beside  the  precious  metals,  the  copper  mines 
of  Coquimbo  have  actually  produced,  during  the 
last  year,  ending  Ist  May,  1818,  amidst  the  difi- 
culties  of  the  times  and  the  dangers  of  the  State, 
and  shipped  in  foreign  vessels,  chiefly  of  the 
United  States,  forty-one  thousand  quintsis.  The 
copper  mines  are  principally  situated  near  the 
coast,  and  are  believed  to  be  the  most  productive 
in  the  world.  In  addition  to  the  copper,  there 
has  also  been  shipped  from  Chili  a  considemble 
amount  of  tin.    Of  these  two  metals,  the  annanl 

S reduction  may  be  estimated  at  about  five  h^n- 
red  thousand  dollars. 


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APPENDIX. 


2182 


CofidUion  4f  BmUh  Amerioa. 


la  tli€  v»Uef  of  Saotiafo  there  is  a  great 
abuadance  of  a  species  of  thornjr  shrub,  or  scrub 
tree,  called  espioo,  aod  which  we  should,  from 
its  appearaoce,  most  probably  call  a  dwarf  oonev 
locust.  It  is  from  this  the  city  is  supplied  with 
fuel.  This  kind  of  growth  is  found  all  the  way 
to  the  north,  but  less  and  not  so  abundant  in 
Coauimbo  as  farther  south.  This  is  the  only 
fuel  at  ptesent  used  in  the  furnaces  for  extracting 
metals;  and  the  mine  country  has  been  so  nearly 
stripped  of  even  this  scanty  supply,  that  it  is 
dug  up  by  the  rootSi  Fuel  has  ot  late  become  of 
much  more  serious  consideration,  in  the  process 
of  extracting  metals^  than  it  used  to  be;  and  if 
the  mines  were  wrought  with  greater  actirity 
than  they  are  at  present,  the  country  of  the  pin- 
cipal  mines  would,  era  loag,  be  entirely  deprived 
of  all  foeL  This  difficulty  has,  however,  been 
looked  to  and  considered  as  it  approached.  It  is 
said  that,  in  addition  to  the  wood  fuel  which 
might  be  had  from  the  timber  country,  there  is, 
immediately  on  the  banks  of  the  Biobio,  near 
Che  city  of  Conception,  as  fine  pit  coal  to  be  had, 
and  in  as  great  aoundance,  as  in  any  part  of  the 
world. 

Besides  the  territory  north  of  the  river  Biobio. 
or  all  that  portion  of  Chili  settled  by  a  civilized 
popnlatioa,  which  is  commonly  alluded  to  when 
speaking  of  it  in  general  terms,  there  are  the  city 
aind  district  of  Vaidivia,  the  land  of  Magellan,  or 
New  Chili,  the  island  and  archipelago  of  Chiloe, 
and  some  other  islands  of  less  importance.  The 
district  of  Vaidivia  is  about  thirty  miles  in  length 
and  eighteen  in  breadth,  but  thinly  populated, 
and  more  remarkable  and  valuable  for  its  t^nber 
than  anything  else.  There  are  said  to  be  forty- 
aeven  islands  scattered  about  ia  the  arehipelaffo 
of  Ancud,  or  Chiloe,  as  it  is  more  frequenUy 
called;  the  largest  of  them  is  that  which  has  im- 
parted its  name  to  the  whole  group.  It  is  about 
one  hundred  and  fifty  miles  long,  and  fifty  broad. 
The  inhabitants  of  this  and  the  whole  group  are 
a  mixed  race,  the  greatest  proportion  native. 
They  are  called  Chilotes,  are  much  civilized,  and 
have  been  long  under  the  Spanish  Qovernmeat. 
The  principal  articles  of  commerce  furnished 
from  these  islands  is  timber,  which  is  brought  to 
Valparaiso,  and  the  poru  north  of  it,  in  pTanks, 
acaatling,  ^.,  chiefly  for  domestic  oses,  and  pork, 
a  eoosiderahle  quantity  of  which  is  cured  into 
bams,  that  find  a  market  in  the  city  of  Santiago 
de  Chili^nd  in  other  more  northern  parts  of  the 
State.  This  archipelago  of  Ancud  isj[>rincipally 
Taloable,  however,  on  account  of  its  nshery,  and 
as  bidding  fair  to  be  the  future  nursery  of  Chiliao 
aeamea.  The  two  islands  of  Juan  Fernandez,  so 
famous  for  having  been  once  the  habitation  of 
the  fabulous  Crusoe  and  the  real  Selkirk,  are  at 
present  uninhabited,  and  seem  destined  by  nature 
to  remain  so.  The  largest,  called  Isla  Tierra, 
from  its  being  nearest  the  shore,  was  made  the 
prison  of  the  patriots  by  Gkneral  Osorio  when 
ha  resubdued  Cbili^  from  which  they  were  re- 
lieved, after  sufieriog  two  years'  confinement, 
when  Marco  was  defeated  and  taken  at  the  battle 
of  Chaoabuoo,  and  the  patriots  regained  their 


asoendency.  The  Government  of  Chili  has  al- 
ways claimed  the  land  of  Magellan,  but  has  as 
yet  had  no  civilized  population  within  it,  nor  ex- 
ercised any  other  jurisdiction  or  influence  over 
it  than  over  the  other  neighboring  tribes  of 
savages. 

There  are  few  or  none  of  the  valleys  of  Chili 
from  which  there  is  a  gentle  communication  into 
those  adjoining.  A  high  ridge  or  a  mountain 
surrounds  them  all;  and  a  cuesu,  or  a  portezuk, 
more  or  less  rugged  and  precipitous,  and  passable 
only  for  mules,  is.  in  almost  all  cases,  the  only 
means  by  which  tne  society  of  one  valley  carrtet 
on  its  intercourse  with  that  of  its  vicinity.  In 
some  happier  times,  the  industry  of  the  inhabit- 
anu  ana  the  energies  of  the  people  mav  be 
directed  by  more  liberal  and  enlarged  views, 
when  the  present  difficulties  and  restraints  upon 
internal  communication  from  valley  to  vaUey 
may  be  rendered  so  easy  as  more  intimately  to 
combine  and  develope  the  best  feelings  and  great* 
est  interest  of  the  countqr.  At  present  there  are 
not  more  than  three  carriage  roads  In  all  ChUi : 
one,  which  has  been  made  at  a  considerable  ex- 
pense, over  three  or  four  very  elevated  ridges, 
fVom  Santiitfo,  the  capital,  a  distance  of  nearly 
one  hundred  miles,  to  Valparaiso,  the  principal 
seaport  on  the  Pacific.  There  is  another  road, 
passable  for  carriages,  between  the  same  cities, 
by  the  way  of  Melipilla,  thirty  or  forty  miles 
farther  about,  but,  in  some  respects,  a  better  road. 
This  was  the  original  route  of  commuoication 
between  the  capital  and  its  port.  From  the  city 
of  Santiago  to  the  city  of  Conception  there  are 
only  two  ridges  to  prevent  the  passage  of  car- 
riases  the  whole  way,  a  distance  of  four  hundred 
and  thirty-five  miles.  Except  these,  there  is  not 
another  road  on  which  a  wheeled  carriage  can 
be  travelled  with  safety  out  of  the  particular 
valley  to  which  it  belongs.  The  very  clumsy 
ox-carts,  which  eflect  a  great  portion  of  the  trans- 
porution  between  Santia|^o  and  Valparaiso,  are 
a  week  or  more  in  performing  the  journey.  Thef 
carry  from  one  ton  to  a  ton  and  a  hal£  and  chaige 
for  it  twenty-five  dollars  per  load.  Axcept  thMe 
carts,  all  transportation  beyond  the  valley  is  made 
on  mules.  The  fare  per  mule  load,  which  is  four 
hundred  pounds  weignt,  from  Santiago  to  Valpa- 
raiso, is  one  dollar  and  a  half,  and  so  in  propor- 
tion in  any  other  direction.  This  inconvenience 
and  expense  of  inland  transportation  was  much 
enhanced  to  the  mine  country  under  the  colonial 
svstem,  which  exacted  a  duty  on  wheat  and  flour 
shippeu  coastwise  from  one  province  to  another. 
Coquimbo  drew  from  its  southern  neighbors  a 
great  portion  of  iu  bread,  and  was,  therefore, 
under  the  necessitv  of  getting  iu  wheat  from 
Aconcagua  on  mules^  or  of  paying  this  duty  on 
it  by  sea.  This  colonial  regulation  has,  however, 
been  abolished  by  an  edict  of  the  present  Director, 
passed  on  the  29th  May,  1818. 

The  numerous  ridges  by  which  the  surface  of 
Chili  is  broken  present  difficulties  in  the  way  of 
internal  communication,  but  such  as  are  nowheae 
insurmoimtable.  The  loose  composition  of  thaie 
ridges  ii  sueh  that  roads  may  be  thapad  along  their 


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APPEHBIZ. 


2184 


Cbndiiim  qf  South  America. 


sides  with  comparatiyely  little  labor ;  and.  when 
made,  such  is  the  tenoperate  regalaritv  of  tne  sea- 
sons, that,  with  few  repairs,  they  may  be  preserved 
for  ages.   Bat  the  wide  desert  and  the  lofty  Cor- 
dillera, by  which  Chili  is  enclosed  and  separated 
from  the  rest  of  the  continent,  present  a  barrier 
formed  of  a  lifeless  waste,  or  a  range  of  moun- 
tains lifted  in  such  rugged  masses^  and  reared  so 
far  into  the  reffioo  of  snows,  that  it  is  only  prac- 
ticable for  males  by  some  few  narrow  passes,  and 
during  particular  seasons  of  the  year.    The  de- 
sert of  Atacama  may  be  said  to  commence  iQ 
Chili,  almost  immediateljr  after  crossing  the  river 
Juncal,  or  Dry  river,  as  it  is  sometimes  called ; 
thence  to  the  river  Salado,  the  northern  boun- 
dary of  the  State,  is  a  distance  of  fifty  miles; 
thence  to  the  town  of  Atacama,  in  the  viceroy- 
alty  of  Peru,  is  a  distance  of  nearly  three  hun- 
dred miles,  by  the  way  of  the  coast,  and  the  road 
passes  wholly  over  a  dr^  sand^  plain,  where  the 
traveller  meets  no  living  thing  either  of  the 
vegetable  or  animal  kingdom ;  and,  losing  sight 
of  everv  other  guide,  his  way  is  often  only  to  be 
directea  by  the  bleached  bones  of  mules  which 
have  perished  in  attempting  to  force  a  passa^ 
over  that  terrible  waste.    Instead  of  passing  this 
dreary  region,  it  is  generally  thought  safer  and 
better  to  climb  the  steep  crags  of  the  mountains, 
and  take  the  road  leading  over  the  Andes,  along 
their  giddy  precipices  and  narrow  passes.    Tra- 
vellers and  postriders  sometimes  cross  the  desert 
of  Atacama  along  the  lower  and  more  level  road, 
but  few  or  no  traders  or  carriers  ever  venture  to 
pass  that  way ;  nor,  it  is  presumed,  would  any 
military  leader  lightly  be  induced  to  encounter 
its  difficulties  for  the  purpose  of  carrying  hostili- 
ties along  that  route  into  Chili.    The  desert  of 
Atacama  may,  therefore,  be  considered  as  a  great 
natural  barrier,  by  which  it  is  closed  on  that  side 
against  both  commercial  and  hostile  visiters. 

The  great  elevated  boundary  of  Chili,  the  prin- 
cipal Cordillera  of  the  Andes,  is  passable  only 
for  mules  from  any  part  of  the  civilized  settle- 
ments on  one  side  to  those  of  the  other.  The 
pass  most  frequented  is  that  of  Potaendo  or  Uspil- 
lata,  leading  from  San  Felipe  to  Mendoza,  and 
is  the  one  by  which  all  travellers  from  Buenos 
Ayres  to  SaBtiaso  de  Chili  cross  the  Andes.  On 
going  out  of  Chili,  after  passing  tbe  village  of 
Villa  Nueva,  on  the  river  Aconcagua,  about  six 
miles  above  the  city  of  San  Felipe  el  Real,  you 
ascend  the  valley  of  Putaendo,  and  begin  almost 
immediately  to  climb  the  mountain ;  from  Villa 
Nueva  to  the  guardia  or  outpost  of  Chili,  is  a  dis- 
tance of  thirty-eight  miles;  and  thenceit  is  thirty- 
two  miles  to  the  cumbre,  or  extreme  ridge.  The 
path  winds  along  near  the  margin  of  the  river 
Aconcagua,  rising  from  elevation  to  elevation,  by 
a  zig-zag  path,  up  rough  ascents,  that  seem  to  be 
almost  perpendicular;  or  passes  along  frightful 
precipices,  from  whose  dizzy  height  the  stream  is 
«een  below  foaming  and  tumbling  through  rocks 
abrupt  andsoundingfar,until  at  length, arrivingat 
If  *S^'V?\°^  ^^^  "^«'  ^hich  gushes  from  the  foot 
vott  i^nSVu*  'J.^Sf'  ^y  ""^"^^^^^  laborious  march 
you  reach  the  bleak  cumbre  itself,-  whence,  be- 


low, on  the  west,  are  seen  the  fountain  waters  of 
the  river  Aconcagua,  that,  with  headlong  speed, 
are  hastening  to  the  racific  ;  and  on  the  east,  al 
the  foot  of  a  long  steep  slope  of  naked  clay,  it 
seen  one  of  the  head  branches  of  the  Tanuyan, 
which,  with  a  rapid  current,  but  not  with  such 
impatient  haste,  is  bearing  off  its  waters  to  swell 
the  great  collection,  made  from  among  these 
snow-capped  elevations,  that  is  poured  into  the 
Rio  Colorado,  which  glides  over  the  great  pam- 
pas into  the  South  Atlantic  ocean.  From  the 
cumbre  to  Uspillata,  a  distance  of  seventy  milea, 
the  path  is  extremely  rugged,  but  not  so  precipit- 
ous as  that  on  the  western  side.  A  large  branch 
of  the  Rio  Tonuyan  is  poured  through  the  valley 
of  Uspillata,  which  forms  some  level,  tbe  grass 
and  shrubbery  of  which  afford  a  little  picking  for 
the  mules.  On  this  stream  the  guardia  or  out- 
post of  Buenos  Ayres  is  planted.  From  Uspillata 
to  Yillavicencio  is  sixty  miles;  and,  with  the 
exception  of  two  or  three  steep,  narrow  passes, 
the  mule  path  is  comparatively  good.  From  the 
last  eminence  the  boundless  plain,  stretching 
alonff  the  eastern  foot  of  the  Andes,  preseqta 
itself  like  the  ocean  seen  from  a  lofty  promon- 
tory's top.  Making  an  estimate  of  the  width  of 
the  Andes  alonff  this  male  path,  as  it  mounts  end 
descends  the  ridges,  or  winds  around  about  them, 
from  Villa  Nueva,  in  Chili,  to  Yillavicencio,  in 
the  province  of  Mendoza,  the  whole  will  be  foirnd 
to  be  about  two  hundred  miles.  The  whole  dis- 
tance along  this  route,  from  Santiago  de  Chili 
to  Mendoza,  is  three  hundred  miles,  and  com'- 
mon  carriers  usually  perform  the  journey  in  seven 
or  eight  days. 

The  chief  diflSculty  in  passing  the  Cordiilerta, 
by  the  way  of  Putaendo,  seem^  to  arise  from 
the  want  of  food  for  the  mules;  the  little  they 
could  gather  from  the  sHrubberv  and  herbage  nt 
night,  when  unladen  and  turned  loose  among  the 
crass  of  the  mountains,  was  scarcely  sufficient 
to  keep  the  creatures  from  famishing;  yet  the 
carriers  never  think  of  taking  along  aov  food  to 
sustain  them  by  the  way.  On  each  side  of  the 
cumbre  there  are  four  or  five  casuchas,  or  hnte, 
built  entirely  of  brick,  and  covered  bv  an  arch  ; 
they  are  about  twelve  feet  square  within,  and  the 
fioor  is  elevated  about  eight  feet  from  the  ground. 
These  casuchas  are  placed  at  short  and  conve- 
nient distances  one  from  another,  and  are  intend 
ed  as  places  of  refuge  for  those  who  may  happen 
to  be  caught  in  a  temporal^  or  one  of  the  terrible 
snow  storms  of  the  Andes,  like  the  similar  build- 
ings of  the  natives  along  the  same  path,  of  which 
there  are  the  ruins  of  one  or  two  remaining. 

There  is  another  pass  over  the  Andes  to  the 
north  of  this,  leading  from  the  city  of  San  Felipe 
el  Real,  in  Chili,  to  San  Juan,  called  the  Patoe. 
The  distance  through  the  mountains  is  greater, 
and  the  path  much  more  rugged  than  that  of 
Putaenda.  It  was  through  those  two  passes,  ci 
the  Putaendo  and  Patos,  that  San  Martin  eon* 
ducted  the  army  which  fought  the  battle  of  Cha- 
cabuco,  took  or  destroyed  all  the  royal  army, 
captured  Marco^  its  commander,  and  restored 
Chili  to  the  patnot  power.    Farther  to  the  nortb^ 


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2185 


APPENDIX. 

Ctmditum  ofj&mth  America. 


2186 


the  mountains  are  wider,  and  the  paises  leadiog^ 
from  Copiapo,  in  Chili,  in  the  direetion  toward 
Rioja,  Tueuman,  and  Salta,are  much  longer  than 
that  of  Putaendo,  and  as  mgged.  There  is  a  pass 
(o  the  southward  of  Santiago,  which  follows  the 
Rio  Maipn  to  its  source,  and  thence  crosses  oyer 
to  a  branch  of  the  Rio  Mendoza,  which  is  said  to 
be  much  easier  than  that  of  PutaeDdo ;  and,  still 
farther  to  the  south,  the  Andes,  are  said  to  sub- 
aide  Into  such  ffentle  slopes,  that  a  ffood  carriage 
road  might  be  had  the  whole  way[  from  Chili  to 
Mendoza ;  but  the  country  is  eutirely  in  posses- 
aion  of  the  sarages,  who  have  hitherto  refused 
to  suffer  their  territory  to  be  made  a  thorough* 
fare,  or  there  is  so  little  traffic  and  commercial 
intercourse  leading  in  a  southerly  direction,  that 
those  passes  haye  been  as  yet  only  explored,  and 
are  yery  little  used. 

The  pass  of  Putaeiido,  the  Patos,  and  most  of 
the  others,  are  utterly  impracticable,  eyen  for 
mules,  in  tne  winter  season,  that  is,  from  the  mid- 
dle of  May  until  the  1st  of  October ;  but  during 
that  time  they  are  continually  passed  on  foot. 
PeoDs,  or  laborers  of  the  country,  are  hired  to  car- 
ry the  baggage  of  the  trayeller,  made  up  in  dimin- 
ished pacuges,  oyer  the  frozen  and  snowy  region, 
which  is  about  four  or  fiye  days'  journey  in  that 
manner.  A  Swedish  officer,  who  was  trayelling 
for  his  own  amusement,  or  tne  information  of  the 
King,  his  master,  arrived  at  Santiago  a  short  time 
before  I  left  it,  haying  crossed  at  the  pass  of  Fu- 
tnoido  on  the  snow.  He  told  me  he  did  not  think 
it  so  bad  as  many  of  the  mountains  of  Sweden  in 
the  winter  season ;  but  that  the  people,  being  little 
accustomed  to  such  passes,  as  there  were  few  in 
the  country,  were  ill  provided^  and  yery  awkward 
in  encountering  their  difficulties. 

It  is  by  the  pass  of  Putaendo  principally,  and 
those  of  the  north  of  it,  that  all  inland  trade  be- 
tween Chili  and  the  proyinoes  east  of  the  Andes 
has  hitherto  been  conducted. 

During  the  colonial  system  this  traffic  was  con- 
nderable,  and  for  some  time  after  the  battle  of 
Chacabuco  they  were  almost  the  only  routes  of 
the  foreign  eommeree  of  ChilL  The  manufac- 
tures of  Europe,  of  Bngiand  particularly,  made 
their  way  into  Chili  by  these  paths.  The  matte, 
w  ye? ba  of  Paraguay,  so  necessary  a  luxury  to 
Chilinos,  will,  perhaps,  long  continue  to  be  im- 
ported by  these  ways ;  and  if  the  experiments  now 
making  should  prove  that  tobacco  cannot  be 
nised  in  Chili  in  as  great  perfection  as  is  expected, 
thnt  is  another  article  of  which  there  will,  per- 
haps, continue  to  be  considerable  importation  oyer 
the  Andes  from  Paraguay,  Tueuman,  and  Salta. 
The  citizens  of  Buenos  Ayres  have  been  declared 
to  be  naturalized  citizens  of  Chili.  Hence  they 
import  and  export,  in  this  way,  almost  all.articles 
Iree  of  duty.  Matte,  when  brought  in  by  this 
route,  is  free  of  duty ;  when  imported  by  sea,  it 
pays  four  dollars  per  <)ninul.  Tobacco  is  imported 
ID  tiie  same  way  on  similar  terms.  Specie,  when 
exported  from  Chili  by  sea,  pays  nine  per  cent. 
4uty ;  when  sent  oyer  the  Andes,  it  pays  nothin|; ; 
and  if  exported  from  Buenos  Ayres,  it  pays  six 
per  eent.    From  Santiago  to  Bnenoe  Ayres  the 


exchange  is  two  per  cent. ;  so  that  to  remit  specie 
from  Santiago  by  the  way  of  Buenos  Ayres,  there 
would  be  a  saying  of  one  per  cent.,  supposing  all 
duties  and  charges  paid,  and  all  other  expenses 
equal.  This  intercourse  along  the  paths  of  the 
Andes,  so  beneficial  to  Buenos  Ayres,  and  disad- 
vantageous to  Chili,  may  subsist  so  long  as  their 
ruling  chiefs  shall  find  it  convenient  to  do  what 
either  may  ask  of  the  other,  right  or  wrong,  or  to 
act  as  two  bodies  animated  by  one  soul  $  but  it  is 
obvious  it  cannot  continue  lonff  under  any  cir- 
cumstances which  shall  leave  the  Pacific  ocean 
open  to  foreign  intercourse,  and  the  real  interests 
ot  Chili  to  thieir  fair  and  natund  operation. 

Mr.  Irisarri  has  thought  proper,  in  his  commu- 
nication, to  confine  himself  to  a  mere  list  of  the 
several  cities,  ports,  and  towns  of  Chili,  without 
saying  anything  as  to  their  population,  commerce 
or  other  circumstances,  which  might  be  interest- 
ing to  a  foreign  and  friendly  Government.  I  will 
endeavor  to  supply  this  omission  as  far  as  in  my 
power.  The  citv  of  Santiago,  situated  near  the 
western  foot  of  the  Andes,  and  about  a  hundred 
miles  from  the  seacoast,  is  the  principal  citv  of 
Chili;  it  contains  a  population  of  aoout  ^Nrtr 
thousand  souls ;  it  is  the  seat  of  Gk)vernment,  ani( 
also,  singular  as  it  may  seem^  the  seat  of  the  cua- 
tom-house,  into  which  all  foreign  merchandise 
must  *be  brought  to  be  valued  and  assessed  with 
the  duties  payable  to  the  State.  The  cities  of 
Co(|uimbo  ana  Conception  are  not  much  inferior 
in  size  to  Santiago,  and,  from  the  (preater  commu- 
nication with  foreigners,  and  their  better  means 
of  information,  the  inhabitants  are  said  to  be, 

Snerally,  more  intelligent  than  those  of  Santiago. 
1  the  other  towns  of  the  State  are  similar  in 
general  character,  differing  only  in  size;  as  to 
which,  however,  it  must  be  recollected,  thai  the 
distinction  between  city  and  town  is  not  always 
made  with  reference  to  the  importance  and  pop- 
ulation of  the  place,  but  more  commonly  in  allusion 
to  the  offfanization  of  its  corporation.  Rancagua 
is  a  small  town;  but  the  patriot  forces  under  the 
present  Director  having  formerly  made  a  bold 
stand  there  against  the  royalists,  he  has  thought 

K roper  to  issue  an  edict  investing  it  with  the  name, 
onors,  and  privileges  of  a  city.  So,  too,  the  little 
village  of  Casablanca,  situated  in  tne  midst  of  a 
fine  valley,  held  chiefly  by  mayorazgos,and,  there- 
fore, not  cultivated  as  fully  as  it  might  be,  was 
too  distant  and  inconveniently  situat^  to  be  held 
under  the  jurisdiction  of  duillota,  and,  thereforci 
the  present  Director,  by  his  edict,  ^raye  it  the  sep- 
arate magistracy  of  a  town.  The  inland  towns  of 
ChUi  are,  perhaps,  not  worthy  of  attention  in  any 
other  respect  than  as  being  the  seats  of  manuiac- 
turers,  or  of  so  much  intdligent  population^  and, 
consequently,  political  power  and  commercial  ca- 

gacity  and  wants.    But  the  seaports  are  the  doors 
y  which  we  shall  communicate  with  Chili,  and 
are,  therefore,  more  particularly  interesting. 

The  northern  seaport  of  Chili  is  Coniapo.  It 
is  situated  immediately  at  the  mouth  of  the  river 
of  the  same  name.  The  harbor  affords  good  an- 
chorage, is  easy  of  access  for  vessels  of  any  size, 
and  is  safe  from  the  northerly  and  sontherlf 


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CvfiocNbii  iff  Skntth  ^iiMfj'MU* 


wioiB.  The  eoantr?  roaad  Cooiapo  it  the  least 
pffOdaetiTeof  any  m  Chilis  indeed,  it  may,  in  scmie 
i«spoeu,be  oonndered  as  barren.  It  is  Tisited 
ehiefly  for  the  metals  whieh  are  extraeted  from 
the  adjacent  eonntry*  Coquimbo  is  farther  to 
the  south ;  it  is  seated  a  short  distance  abore  its 
harbor,  which  is  a  fine,  capacious  bay,  easv  of 
access ;  and  when  vessels  are  anchored  in  from 
sis  to  ten  fhthoms,  near  the  Tortn^  rocks,  they 
are  not  only  protected  from  all  winds,  but  like> 
wise  fVora  the  uneasy  swell  and  roll  of  the  sea. 
This  is  the  chief  port  of  the  mine  country ;  the 
richest  copper  mines  are  near  it,  and  husbandry 
is  in  as  good  a  statie  jnst  above  this  city  as  in 
Miy  part  of  ChilL  RefVeshments  may  be  readily 
had  there.  Guasco,  or  Huasco,  is  a  port  about 
fifty  miles  south  of  Coquimbo,  with  good  anchor- 
agei  and  capable  of  receiving  large  ships,  havinc 
from  eighteen  to  twenty  fathoms  near  the  land. 
The  small  town  of  Quaseo  is  about  six  miles  to 
the  southward  of  the  river  of  the  same  name. 
The  neit  port  south  of  Gkiasco,  and  one  which, 
on  several  acoount^is  most  interesting  to  citi* 
sens  of  die  United  States,  as  well  for  the  honor 
whkh  was  there  sustained  by  their  flag,  as  for 
ilB  conveniences  of  trade,  is  that  of  Valparaiso.  A 
high  brown  promontory  projects  into  the  Pacific, 
lisrming  a  deep  crescent,  the  concavity  of  which, 
opening  to  the  north,  forms  the  harbor.  *  The 
enirance  is  immediate,  easv,  and  safe ;  and  ships 
of  any  size^  or  in  any  number,  may  ride  at  good 
anchorage  in  perfect  safety  aifainst  all  winds  but 
those  coming  directly  from  the  north,  when,  if  it 
ll^w  a  gale^  the  harbor  is  unsafe,  and  vessels 
m»t  go  to  sea  or  be  driven  on  shore.  But  such 
gales  seldom  happen.  The  mide-winds  of  the 
coast  of  Chili  setting  almost  invariably  from 
south  to  north  throughout  the  year,  there  is  a 
considerable  swell  usually  setting  in  from  the 
ocean,  which  might  be  very  easfly  checked  by 
niers  rrom  the  projecting  points  of  tbe  harboru 
meh  a  useful  erection  was  once  begun  by  an 
enterprising  individual  but  was  stopped  by  the 
eolenial  Government,  lest  it  might  favor  smug^ 

?|Ung.  Valparaiso  contains  about  ten  thousand 
nhabitants,  in  a  tovm  principally  strewed  round 
the  beach,  and  in  the  tfuUies  of  the  proaoontorv 
by  which  the  harbor  is  formed.  In  the  suburb 
called  the  Almendral,  or  Almond  Orchard,  situ- 
ated a  little  to  the  east  of  the  usual  landing  place, 
there  are  a  few  small  quintas;  except  which, 
there  are  no  gardens  or  any  cultivation  near  the 
town.  Its  supplies  are  almost  altogether  brought 
from  the  fertile  and  plentiful  valley  of  duillota. 
ahout  thirty«six  miles  to  the  south,  aloiw  a  road 
erver  ridges  which  project  into  the  Paci&.  But 
the  provisions  derived  from  thence  are  so  cheap, 
tha^  according  to  an  aeconat  which  an  American 
captain  showed  me,  he  bad  made  out  to  render 
to  nis  owners,  his  crew  of  eleven  men,  including 
himself,  were  abundantly  supplied  with  breac^ 
meat,  and  fresh  provisions  of  every  kind,  for  more 
than  six  months,  for  three  hundred  and  fifVr-six 
dollars.  Valparaiso  is  the  principal  port  or  im- 
portation into  the  country  at  present  held  by  the 
patriots,   b  was  fortified,  under  tbe  colonial  Gov- 


ernment, against  a  marttlme  attadL  and  mnm 
new  works  were  thrown  up  during  the  last  year 
for  a  similar  purpose,  but  they  are  mmt  yet  finisoed* 

Talcahuana  is  the  port  and  harbor  of  the  city 
of  Conception,  on  the  north  side  of  the  river  Bio-- 
bio.  It  is  one  of  the  most  capacious  and  ilneat 
bays  on  the  coast  of  the  Pacific  o^aii ;  quite  easy 
of  access  for  ships  of  any  sixe ;  and,  when  to,  thera 
is  good  anchorage  and  safety  against  all  weather. 
It  is  about  six  miles  from  the  city,  which  standa 
immediately  on  the  river  Biobio.  This  harbor 
has  never  been  fortified  against  a  marine  forces 
and  it  seems  to  be  questionable  whether  it  can  bo 
perfectly  secured  from  «i  atuck  in  that  way.  te 
IS  at  prewnt  the  rendexvous  of  the  royal  maria« 
force  acting  against  Chili.  8ix  or  eight  miles  t» 
the  south  of  the  Biobio  is  the  bay  and  harbor  of 
St.  Vicente,  which  is  also  secure  against  all  winds. 
But  this  good  harbor  is  too  little  noticed  and  val- 
ued, owing  to  its  having  so  fine  a  bay  and  harbor 
as  Talcaguana  in  its  immediate  neighhorJu>ad» 
The  port  and  harbor  of  Valdivia  k  fine,  capaeaoiw 
and  sale«  It  is  much  celebrated  in  the  history  of 
Chili  for  having  excited  the  cupidity  of  the  pre** 
daitory  Dutch  and  Baglish  prowlers.  But  thera 
is  no  extent  of  territory  and  civilized  popiilation; 
round  Valdivia,  to  give  value  to  any  intercoursa 
with  it  at  present ;  it  is,  therefore,  rattier  estimatad 
as  the  future  seat  of  an  extensive  commorce  than 
for  its  impotlxaee  at  this  time.  If  I  am  not  aria- 
taken,the  port  of  Arauco,  spoken  of  by  Mr.  Irisarri, 
is  that  formerly  held  by  the  Spanish  colonial  an* 
thorities  on  tbe  river  Larampangue,  whose  mouth 
is  opposite  the  island  of  Saiu  Maria,  and  to  the 
south  of  the  Biobio ;  if  so,  it  is  now  entirely  withttt 
the  acknowledged  territory  of  the  Araaeaniaar 
Indians.  Nor  iutve  I  been  able  to  learn  where  th« 
port  of  El  Gk>bemador,  of  which  ha  speaks,  is 
situated^  unless  it  be  at  the  mouth  of  the  river  Tu- 
oapel  Viejo,  where  Qovemqr  Valdivia  was  killed 
by  the  Indians,  which  is  between  the  islaads  af 
Mocha  and  Santa  Maria.  Besides  Valdivia,  there 
are  the  harbors  oi  Imperiale,  at  the  mouth  of  the 
river  Cuetan,  the  Estero  Maulia,  Calbueo,  and 
others  within  the  Araucanian  territory,  whiek 
will  be  more  known,  used,  and  vaiaed,  whan  the 
progress  of  the  oivilixed  population  of  Chili  shall 
either  expel  or  incorporate  the  Indians  of  that 
country.  Of  the  various  rivers  of  Chili,  there  are 
none  which  are  navigable  except  for  small  vessels, 
and  a  short  distance  into  the  county. 

Mr.  Irisarri,  in  his  communication,  sets  dowft 
the  population  of  the  State  according  to  a  censua 
made  a  fbw  years  since,  during  the  first  period  of 
the  Patriotic  Qovernment,  at  one  miliion  two 
hundred  thousand,  and  makes  an  allusion  to  soma 
supposed  inaccuracies,  the  nature  of  which  he  haa 
not  explained.  I  am  induced,  however,  to  believe 
that  the  census  was  substantisiily  correct,  from  the 
general  understanding  and  belief  in  the  country, 
from  the  number  of  towns,  and  the  apparent  nam* 
hers  inhabiting  the  several  valleys ;  and,  also,  be- 
cause Chili  not  being  at  that  time  a  tall  connected 
with  any  other  province,  there  could  be  no  motive 
£ot  underrating  its  populatioB,or  of  nsisrepresent- 
ing  its  strength  in  any  way,  or  for  aay 


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CbiiMffofi  Of  Sonth  Amsiictt* 


wkateyer.  AH  f be  eiviliitd  or  BjnmBh  popiihi- 
tira,  except  the  small  pareels  of  VudiTia  and  the 
iiknds,  18  sitoaled  altogether  north  of  the  rlTer 
Bi<^io;  aad  if,  fVom  this  portion  of  Chili,  is  de- 
doeted  all  that  dry  onprodoetive  district  to  the 
north  of  the  river  Jnnoal,  which,  except  a  few 
Taeana  hunters,  has  not  an  inhabitant  upon  it, 
then  it  will  appear  that  nearly  the  whole  of  this 
popali^ion  of  one  million  two  hundred  thousand 
18  seated  on  perhaps  less  than  two-thirds  of  that 
extent  of  territory  which  is  generally  understood 
to  be  comprehended  uader  the  name  of  Chili. 
The  entire  length  of  the  State,  from  the  straits  of 
Chacao  to  the  rirer  Salado,  may  be  estimated  at 
about  nine  hundred  miles ;  and  from  the  brow  of 
the  Andes  to  the  shore  of  the  Pacific,  it  cannot  be 
hit\j  estimated  at  more  than  one  hundred  and  forty 
miles  in  width,  on  an  arerage.  This,  then,  would 
ghre  an  extent  of  one  hundred  and  twenty-six 
taousand  square  miles  altogether;  only  about 
eighty  of  which  are  occupied  by  the  cirilized 
Chilinos  of  European  or  mixed  descent.  On  com- 
pwing  this  country  with  some  portions  of  our 
own.  It  will  be  found  to  contain  nearly  as  many 
Inhabitants  to  the  square  mile.  The  States  of 
Bfaryland  and  Virginia,  including  the  District  of 
Columbia,  toffether,conuin  seventy^four  thousand 
MM  hundred  square  miles,  and  the  sum  total  of 
their  population,  accordion  to  the  last  census,  was 
one  million  three  hundred  and  seyenty-nine  thou* 
sand  one  hundred  and  ninety  seals.  If  we  recol- 
lect the  mountainous  surfhce  of  Chili,  and  that 
there  are  few  or  no  inhabitants  on  the  mountain 
sides,  it  will  appear  evident  that  its  population  is 
▼ery  mnch  condensed  in  its  several  valleys.  Of 
the  whole  of  this  civilized  population  there  is,  at 
preeenc,  no  more  than  about  two-thirds  of  it,  or 
eight  hundred  thousand,  at  this  time,  actually 
under  the  government  of  the  Patriot  authorities. 
The  royalnts  have  possession  of  Penco,  with  a 
considerable  extent  round  the  city  of  Conception, 
which  is  well  fortified  on  the  land  side,  and  is 
their  stronghold;  they  have  Valdivia  and  the 
arohipekffo  of  Chiloe  alsa  whence  thev  have 
drawn  a  few  recruits  for  tneir  army,  and  sootie 
other  resources^ 

Immediately  after  it  had  been  determined  that 
a  partial  indq^ndence,  at  least^  should  be  carried 
inio  effect,  the  patriot  or  rulmg  authorities  of 
Chili,  in  the  year  1811,  passed  a  law  entitM 
"  An  act  for  opening  and  encouraging  commeree 
and  navigation."  This  law  declared  the  ports 
open  to  all  friendly  and  neutral  nations,  and  spe- 
cified Talcahuana,  Valparaiso,  and  Coquimbo,  as 
the  greater  or  proper  potts  of  entry  for  all  foreign 
merchandise ;  and  went  on  to  regulate  the  com- 
merce and  navigation  of  Chili  in  various  partic- 
ulars, and  prescribed  a  tariff  of  duties.  This  legis- 
lative act,  with  some  few  alterations,  contains  the 
tariff  and  regulations  bv  which  foreign  commerce 
ia  at  present  governed.  I  procured  the  manu- 
script copy  which  accompanies  this,  marked  as 
exhibit  P,  by  which  you  may  ascertain  specifi- 
cally and  in  detail  what  are  the  existing  com- 
mercial regulations  in  all  material  points  therein 
epecified.    But  as  there  are  some  matters  rfhich 


would  not  appear,  or  be  readily  understood, 
merely  from  reading  it,  I  shall,  therefore,  give  an 
explanation  of  the  duties,  charges,  and  embarrasa- 
meats  to  which  our  trade  with  Chili  is  at  this 
time  actually  subjected. 

The  duty  called  almoxarifascgo  is  one  which 
has  been  levied  and  collected  in  Spanish  America 
ever  since  its  settlement.  It  is  levied  on  everf- 
thinff  imported  into  or  exported  out  of  the  coun- 
try, but  is  more  ffcnerally  and  properly  the  name 
fiven  to  import  duties.  It  has,  from  time  to  time, 
een  raised  and  lowered,  and  varied  with  the 
various  articles  on  which  it  has  been  laid ;  but 
the  almoxarifazgo  duty  of  Chili,  at  this  time,  is 
twenty-two  per  cent,  on  all  imports.  The  alc»- 
vala  is  an  excise  paid  on  all  articles  sold.  Thk 
is  also  a  very  ancient  Spanish  form  of  taxation, 
and  is  an  excise^  the  origin  of  which,  in  America, 
is  coeval  with  its  settlement.  All  foreign  mer- 
chandise imported  is  subjected  to  this  tacavala, 
and,  at  present,  its  amount  is  ten  per  cent.  Wham 
a  vessel  arrives  at  her  destined  port  in  Chili,  her 
cargo  must  be  landed  and  placed  in  the  warcN' 
house  of  the  Gk)vernment,  until  the  amount  of 
duties  is  adjusted  and  paid,  or  secured.  To  pr^ 
vent  smugglioff,  and  also  that  the  importer  may 
not  be  imposed  on,  the  Qovemment  undertakes, 
as  it  says,  this  operation  of  landing  and  storing; 
and,  that  it  may  be  paid  for  this  trouble,  it  im- 
poses another  duty,  called  subveneion  or  help,  for 
this  its  assistance  given  to  the  importer,  of  one 
«id  a  half  per  cent.  Thb  custom-house  officers, 
and  other  agents  of  the  Qovemment  employed  m 
collecting  the  customs,  are  allowed  no  fees,  to 
insure  their  integrity  and  vigilance ;  however,  in 
order  to  raise  a  Hind  to  pay  them  a  salary,  them 
is  an  additional  half  per  cent,  duty  imposed  for 
that  purpose,  called  the  imjme$ta  de  a9ena  por 
d  e$tado.  The  court  of  justice  called  the  cotmh 
lado  is  a  tribunal  that  was  erected  for  the  use  of 
merchants  particularly.  None  of  the  membera 
or  officers  ef  this  iMOrt  are  allowed  by  law  to  re- 
ceive any  fees;  but,  as  they  labored  for  merchants, 
it  seemed  fair  that  commerce  should  be  taxed  to 
raise  for  them  a  reasonable  compensation;  there- 
fore, there  is  another  tax  of  one-half  per  cent, 
laid  and  collected  for  this  purpose,  called  the  tif»- 
pue^a  de  averia  par  d  e<miuuuh. 

These  several  ad  valorem  duties  are  laid  on 
according  to  a  valuation  of  ihe  soods  at  the  mar- 
ket price  in  Santiago,  when  they  arjive  there; 
the  sum  total  of  them  makes  what  is  called  tho 
regular  legal  amount  of  single  duties  on  all  im- 
porU ;  that  is,  thirty-four  and  one-half  per  cent* 
When  double  duties  are  imposed,  which  is  the 
ease  on  liquors,  ironmongery,  claret  in  casks,  ^ 
Windsor  chairs,  ladies^  silk  and  morocco  shoes  of 
French  fabric,  and  some  other  articles,  all  theoe 
duties  are  doubled,  except  the  subveneion,  br 
which  the  sum  total  of  duty  on  such  artidea  (a 
raised  to  fifty-seven  and  one-half  per  cent.  But 
tobacca  sauff,  arms,  and  ammunitioui  are  to  be 
sold  only  to  the  Government,  unless  by  special 
permission.  This  rule,  however,  has  been  much 
relaxed  of  late. 
Such  is  the  law ;  now  for  the  practice.    The 


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APPENDIX. 


2m 


Condition  qf  JSoiUh  America. 


enatoDi-bouse  is  in  the  city  of  Santiago,  a  di«- 
(ance  from  Valparaiso,  the  nearest  seaport,  of 
aioety  or  one  hundred  miles.  The  mere  under- 
lings and  the  guard  only  are  situated  at  the  ports; 
consequently  ail  authoritatiye  communications, 
permitfs  and  the  like,  can  only  be  had  from  San- 
tiago, where  the  whole  car^o  must,  be  sent  and 
deposited,  before  any  of  its  pacicages  can  be 
opened  or  exposed  to  sale,  with  the  exception  of 
aome  few  heavy  articles,  such  as  iron,  d^. — 
Notwithstanding  what  is  paid  for  subvencion 
for  the  State,  and  for  the  Consulate,  the  im- 
porter dnds  himself  under  (he  necessity  of 
niring  assistants,  of  feeing  the  officers  and  the 
consulate,  or,  in  fact,  bribing  them,  or  his  busi- 
ness sunds  stilL  I  shall  give  the  example  of  an 
American  ship,  the  cargo  of  which  was  valued 
at  8197,000 ;  but,  as  regards  the  following  fees 
and  charges,  they  do  not  materially  vary  with 
the  value  of  the  cargo;  they  are  paid  in  the 
lump,  and  must  be  incurred  to  have  the  cargo, 

Seat  or  small,  placed  in  the  stores  for  sale.  The 
St  charge  is  for  inspectors,  portersjboatmen, 
storage,  £c.,  $155 ;  that  is  for  subvencion,  which 
the  Government^  bv  that  phrase,  had  intimated 
was  not  to  be  paid  By  the  individual.  The  next 
it  for  deapatehing  mules,  carts,  and  permits  for 
the  goods,  9200.  Another  is  for  transporting  the 
goocD  to  the  custom-house  in  Santiago,  and 
thence  into  the  stores  in  the  same  city  for  sale, 
$814;  these  two  last  items  of  expense  are  in- 
curred merely  from  the  custom-house  being 
planted  at  the  foot  of  the  Andes,  instead  of 
Being  near  the  wharf;  for  some  of  these  verv 
goods  were  sent  back  and  exposed  to  tale  in  Val- 
paraiso. And,  finally^  the  expense  of  petitions 
and  expresses,  $26 ;  fees  to  the  officers  of  the 
<)onsulado,  to  whose  use  a  per  centaffe  had  been 
paid  for  rendering  their  services  to  the  merchant 
gratis.  These  charges  amount  to  $1,195,  and  no 
more  than  what  is  usual,  in  addition  to  the  delay, 
Texation,  and  trouble  of  the  merchant. 

The  export  duties  are  similar  in  their  nature. 
On  tin  there  is  paid  a  derechos  de  salido,  or  an 
axport  duty  of  three  per  cent.,  and  the  subven- 
cion, the  averia  por  el  estado,  and  the  averia  por 
el  consulado;  making  a  sum  total  of  five  and  a 
half  per  cent,  on  the  standing  Gk)vernment  val- 
uation of  ten  dollars  per  quintaL  On  copper, 
the  sum  total  of  duty  is  thus  divided :  the  dere- 
ehos  de  salido  three  per  cent.,  alcavala  six  per 
cent.,  sulfrencion,  averia  por  el  estado,  averia 
por  el  consulado,  and  two  rials  per  quintal. 
These  are  all  paid  into  the  aduana  or  custom- 
house. The  venudo,  or  inspection,  five  per  cent.; 
and  one  rial  per  quintal  to  be  paid  into  the  Trea- 
sury, or  caxas  del  estado.  These  ad  valorem 
duties  are  levied  on  the  market  price  of  the  cop- 
per, and  amount  to  sixteen  per  cent,  and  three 
rials,  or  thirty-seven  and  a  half  cents  per  quintal 
besides.  On  wheat,  hides^  tallow,  d^.,  the  growth 
of  the  country,  exported  m  foreign  bottoms,  (and 
there  are  as  vet  but  one  or  two  others,)  the  du- 
ties are  as  follows:  almoxarifazgo,  one  and  a 
half  per  cent.,  alcavala  four  per  cent.,  subven- 
cion three-fourths  per  cent.,  averio  por  el  estado 


one-quarter  per  cent.,  osaally  making  the  aeti^ 
mate  of  duty  on  the  most  reduced  market  prioea; 
on  whicli  articles  the  total  amaont  of  expoct 
duty  is  thus  made  up  to  sevea  per  cent.  Tha 
law  allows  the  merchant  to  bond  for  the  pay- 
ment of  the  duties  in  three  months,  which  ia- 
dulgenee  the  Government  frequently  extends  to 
six,  and  even  nine  months.  The  exportation  of 
gold  and  silver  bullion  \b  absolutely  prohibited  t 
and  coiuj  on  being  exported  by  sea,  is  subjected 
to  a  duty  of  nine  per  cent. 

In  reply  to  my  inquiry,  what  was  the  amouat 
of  the  revenue  of  Chili,  the  sources  whenee  it 
was  derived,  and  the  objecu  on  which  it  waa 
expended.  Mr.  Irisarri  has  thought  proper  merely 
to  furnish  a  copy  of  some  of  the  treasury  ae- 
counu  of  the  last  year.  This  might,  perhapa,  be 
deemed  the  most  concise,  accurate^  and  perapie* 
uous  mode  of  answering  a  citizen  of  Spaaidh 
America,  but  net  a  foreigner.  Therefore,  aa 
these  accounts  may  in  the  United  States  be  con- 
sidered as  obscure,  I  shall  take  a  review  of  theon^ 
and  make  such  observations  as  appear  to  be  ne- 
cessary in  order  clearly  to  understand  their  na- 
ture, and  what  are  the  sources  of  the  revenue  of 
the  Sute,  and  the  objects  on  which  it  is  ex- 
pended. 

The  papers  annexed  to  Mr.  Irisarri's  comma-* 
nicatioo,  marked  as  Nos.  4  and  5,  are  two  treas- 
ury accounts  of  receipts  and  expenditures  of  rev- 
enue. The  first  of  these  papers  furnishes  exem- 
plifications of  everything  relative  to  the  present 
revenue  of  Chili.  1  shall,  therefore^  notice  each 
of  its  several  items.  The  whole  receipts  of  tha 
treasury,  according  to  this  account,  are  compre- 
hended under  nineteen  distinct  items.  The  first 
is  the  amount  of  the  common  internal  revenne ; 
the  fourth  is  the  dutv  on  tobacco*  The  eleveathi 
twelfth,  and  fifteenth,  are  duties  on  flour,  liquor, 
quicksilver,  gunpowder,  stamped  paper,  hidei^ 
and  other  articles,  all  of  which  are  principally 
collected  in  the  shape  of  an  alcavala.  The  sec- 
ond and  fourth,  derived  from  mining  and  coining, 
have  been  already  explained.  The  third  is  tha 
amount  of  the  customs  or  duties,  or  the  expocta 
and  imports  of  the  country,  laid  and  collected,  aa 
has  also  been  explained.  The  sixth  is  the  pro- 
ceeds of  papal  bulls  and  indulgences,  or  dispensa- 
tions from  crimes,  sins,  and  observancea  of  the 
church;  thev  are  of  two  classes;  bulls  for  the 
living,  and  bulls  for  the  dead.  By  the  first  inay 
be  obtained  absolution  from  crime,  from  sin,  oc 
the  party  be  indulged  in  eating  eggs  and  milk^  oc 
even  flesh  meat,  during  fast  days  and  lent.  Thia 
is  a  greater  relief  than  might  at  first  be  imagined* 
Near  the  bay  of  San  Antonio  I  was  shown  a  spe- 
cies of  seaweed  of  which  the  faithful  peasant 
made  a  porridge  when  neither  the  bull  nor  fiish 
could  be  had.  The  bull  for  the  dead  is  purchased 
by  the  relations  of  the  deceased  on  his  behalf  and 
is  a  means  whereby  the  pains  of  purffatory  mar 
be  lessened  and  shortened.  These  buUs  are  smau 
pieces  of  printed  paper,  intimating,  in  substance, 
what  extent  of  indulgence  the  pious  holder  may 
ask  for;  and,  after  having  been  duly  and  regu- 
larly sanctified  in  the  church,  they  are  pat  into 


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APPENDIX. 


2194 


QmdUion  of  South  America. 


the  shops,  and  told  as  a  sort  of  stamped  paper. 
Aad  it  would  also  seem,  from  this  item  of  the 
treasarjr  account,  that  eootribotioDs  are  still,  in 
the  most  distant  regions  of  the  earth,  levied  on 
the  faithfol  to  raise  a  crusade  for  the  relief  of  the 
Holy  Land,  and  for  the  redemption  of  those  made 
captiye  in  so  glorious  and  pious  an  enterprise. 

The  serenth  item  was  the  amount  of  what 
were  called  the  monthly  contributions,  which,  in 
a  note,  Mr.  Irisarri  says  have  been  abolished, 
without  telling  us  what  has  been  substituted  in 
their  place.  On  looking  among  the  edicts  issued 
by  the  present  Patriot  Gorernment,  however,  I 
found  that  which  furnished  the  explanation.  By 
this  edict,  dated  on  the  9th  of  December,  1817, 
afta  recitinff  that  the  burdens  of  the  State  ouffht 
to  be  equally  and  proportionably  borne;  that 
large  landed  estates  were  held  in  absolute  pro- 
prietorship by  all  the  religious  institutions ;  that 
almost  all  the  great  landholders  had,  in  one  way 
or  other,  charged  their  estates  with  the  render  of 
some  rent,  corrody,  or  benefit  to  one  or  other  of 
the  reliffiotts  institutions ;  that  such  institutions 
also  held  a  considerable  amount  of  censos  or 
money  at  interest;  and  that  merchants,  who 
might  not  have  any  lands  or  tangible  property, 
were  yet,  commonly,  wealthy  in  floating  capital, 
it  enacts  and  declares  that  all  lands  and  other 
property,  whether  held  by  the  church  or  iadi- 
▼iduals,  shall  be  taxed  one  per  cent,  per  annum, 
a  quarter  of  which  shall  be  paid  by  the  religious 
institutions  in  whose  favor  the  land  was  charged, 
or  the  mortgagee,  to  be  adjusted  proper tionaoly, 
according  to  an  actual  valuation  which  shall  be 
made;  and  that  merchants  shall  also  be  taxed 
one  per  cent,  on  what  shall  appear,  on  investiga- 
tion, to  be  the  actual  amount  of  their  capital. 
What  will  be  the  amount  of  the  proceeds  of  this 
tax  it  is  intpossible  to  say,  as  the  first  yea^s  col- 
lection of  it  had  not  been  brought  into  the  treas- 
ury. It  i«,  however,  I  believe^  the  first  direct  in- 
ternal land  and  property  tax  ever  attempted  to  be 
levied  in  Spanish  America,  and  the  first  tax  that 
ever  has  been  laid  on  the  property  of  the  church 
in  the  Spanish  settlements ;  and  I  am  inclined  to 
believe  that  it  will  prove  to  be  more  fruitful  in 
revenue,  and  in  its  consequences,  than  any  tax 
aver  laid  in  ChilL  The  eishth  source  of  income 
set  down  is  that  of  the  tithes.  By  adverting  to 
the  paper  No.  2,  attached  to  Mr.  Secretary  Iri- 
aairi's  communieation,  it  will  be  perceived  that 
be  has  given  an  average  of  the  product  of  the 
tithes  of  all  Chili,  under  the  old  regime,  when 
the  State  had  not  been  wasted  or  disturbed  by 
war»  at  two  hundred  and  sixteen  thousand  eight 
hundred  and  eleven  dollars.  This  is  stated  to 
have  been  the  annual  amount  paid  into  the 
treasury ;  but  of  the  entire  product,  a  small  part 
of  what  is  actually  collected  (but  what  propor- 
tion I  could  not  learn  even  from  the  Secretary 
bimselQ  it* paid  to  the  clergy.  It  has  always 
been  usual  in  Chili  to  farm  out  the  collection  of 
the  tithes,  sometimes  to  favorites,  at  a  considera- 
ble sacrifice  to  the  State.  During  the  last  year, 
the  tithes  of  the  valley  of  Coquimbo,  which 
were  estimated  and  said  to  have  actually  pro- 


duced twenty-four  thousand  dollars,  were  farmed 
out  to  a  collector  for  sixteen  thousand.  The 
ninth  article  is  the  amount  of  the  voluntary  con- 
tributions. This  is  an  evidence  of  the  patriotic 
spirit  of  the  people;  and.  on  looking  over  the 
names,  most  of  which  had  been  published,  I  find 
the  ladies  of  Chili  as  distinguished  for  their  pa- 
triotic liberality  as  their  countrymen.  The  tenth 
item  is  made  up  principally  of  fines  and  confis- 
cations imposed  on  jg;odos  or  tories  and  their 
property.  It  is  inevitable  and  fair  that  those 
whose  principles  have  induced  the  contest  should 
abide  the  loss ;  but  I  am  very  sorry  to  be  obliged 
to  say  that  no  inconsiderable  portion  of  this 
amount  is  derived  from  fines  and  the  sequestered 
property  of  real  patriots,  who  do  not  happen  to 
belong  to  the  present  reigning  faction,  but  who 
are^  perhaps,  still  more  inimical  to  the  royalisto 
and  godos  than  those  in  power.  It  would  seem, 
however,  that  such  is  the  rndiscreet  eagerness 
with  which  property  is  seized,  under  the  pretext 
of  disafifection,  or  such  the  liberality  of  the  ruling 
authorities,  that  a  great  part  of  what  is  seized  is 
restored.  The  thirteenth  item  is  a  toll  collected 
for  the  repairs  of  the  pass  of  Putaendo  over  the 
Andes.  This  toll  was  fathered  under  the  colo- 
nial Gk)vernment,  and  is  continued  since ;  but, 
except  the  casuehas,  there  appears  to  have  been 
very  little  applied  to  the  improvement  of  the 
road.  The  fourteenth  article  is  the  proceeds  of 
the  estates  of  the  Jesuits.  When  the  King  of 
Spain  expelled  that  religious  order  from  his  do- 
minions, its  estates  were  taken  into  the  hands  of 
Government  as  regal  property ;  and  the  amount 
here  set  down  is  the  proceeds  of  those  estates 
lying  within  the  reacn  of  the  present  patriot 
rulers.  The  sixteenth  item  is  the  proceeos  of  a 
duty  imposed  on  all  goods  required  to  be  weighed 
by  the  Qovernment.  The  seventeenth  is  the 
amount  of  a  prize  captured  by  the  briff  Bagle,  a 
Gk)vernmentvesseL  The  eighteenth  istheamount 
of  property  the  owner  of  which  is  unknown,  or 
the  right  to  which  is  contested.  The  Qovern- 
ment, therefore,  holds  and  uses  it  as  revenue, 
until  the  true  owner  is  discovered,  or  the  right 
settled.  The  nineteenth  and  last  source  of  rev- 
enue specified  is  that  derived  from  a  discount  on 
the  salaries  of  civil  officers.  These  are  the  sev- 
eral sources  of  revenue,  and  the  amount  of  each, 
derived  from  so  much  of  Chili  as  is  subject  to 
the  present  patriot  authorities. 

The  same  paper  will  show  the  rarious  wap 
in  which  the  receipts  of  the  treasury  have  been 
expended.  Of  the  twenty  articles  of  expendi- 
ture, it  sufficiently  appears,  from  the  face  of 
them,  that  the  first,  second,  third,  fourth,  seventh, 
twelfth,  thirteenth,  and  fourteenth  have  been 
incurred  to  carry  on  the  present  war, for  inde- 
pendence and  freedom.  The  fifth  item  of  expense 
IS  what  may,  in  some  respects,  be  deemed  a  dis- 
tribution of*^  a  small  portion  or  the  first-fruits  of 
Chili,  after  the  battle  of  Chacabuco.  This  sum 
of  new  coin,  as  appears  by  a  report  to  the  dele- 

fated  Supreme  Director,  dated  on  the  1st  of 
uly,  1817,  was  thus  disposed  of:  one  thousand 
dollars  were  given  to  his  Excellency  the  Supreme 


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APPSBTDIZ. 


2m 


G&ndiiiui  cf  SkntSi  jI'MCfiBni. 


Dmelor  of  Bueaos  Ayns,  Don  J*  M.  Pueyrre* 
cUm ;  one  thotmod  to  Gesend  Betmno,  com* 
maiider  of  the  BaeDos  Ay  res  army  of  Peru ;  oii« 
thooMod  to  the  Sapreme  Director  of  Chili,  jyom 
B^  O'Higffiiie,  to  be  dittribated  aniODg  the  offi- 
cers of  the  arniy  of  the  south  then  under  his 
command,  near  Conception ;  and  the  other  thoa- 
sand  to  the  Commander-in-chief,  General  Baa 
Martin,  to  be,  in  like  manner,  distri bated  among 
the  officers  of  the  army  in  Santiago  under  his 
command.  The  sixth  is  the  amount  of  debts 
paid  whieli  were  contracted  in  the  first  epoch  of 
^  Patriot  (}oTemment.  The  dghth  is  the  ag 
gregate  amount  of  pensions  and  annuities  charged 
Uflon  and  payable  out  of  the  treasury.  A  part 
ol  these  were  granted  during  the  Government 
of  the  Viceroyalty.    The  ninth  is  the  amount  of 

eroperty  which  had  been  sequestered,  but,  not 
sing  confiscated,  was  therefore  restored.  The 
tenth  is  the  amount  of  the  civil  list.  The  elev- 
enth and  seventeenth  are  two  items  showing  the 
amount  of  the  rents  or  annuities  and  pensions 
with  which  the  Jesuits'  property  was  cbaiged. 
The  twelfth  item  is  the  amount  of  expenses  in- 
^  cident  to  the  Treasury  Department.  The  fif- 
teenth specifies  the  sross  amount  of  the  expenses 
of  the  armorv  in  Santiago.  The  eighteenth  is 
the  salaries  ot  the  superintendents  of  the  mines. 
The  nineteenth  item  is  for  defraying  the  ex- 
pense of  completinff  the  valuable  work  or  canal 
tif  Maipu.  I  have  before  described  the  vast  im- 
portance of  water  to  the  valleys  of  Chili  south  of 
the  Maule ;  some  of  which  cannot  be  watered  at 
aii  bv  any  artificial  oMans,  others  have  not  an 
abundant  supply,  and  ia,  none  is  the  water  so 
oatefnUy  and  judiciously  distributed  as  it  ought 
to  be.  One  of  the  most  valuable  and  interesting 
of  the  remaining  monuments  of  Indian  Ingenuity 
and  improvement  in  that  country,  is  the  Salto 
del  Agua,  about  five  miles  to  the  northeast  of  the 
city  of  Santiago,  where  a  ^reat  part  of  the  river 
Mapocho,  on  which  the  citv  stands,  is  brought, 
by  means  of  a  canal,  through  a  etp  in  the  ridffe, 
which  terminates  at  and  immeaiately  overloon 
the  city.  From  this  gap,  standkig  on  the  marnin 
of  the  Indian  canal,  and  nearly  on  a  level  with 
the  valley  behind,  you  have  under  your  view  a 
part  of  the  eity,  and  the  fiiirest  portion  of  the  val- 
ley of  Santiago.  The  water,  oa  passing  the  gap, 
is,  one  part  of  it,  made  to  wind  along  me  moun- 
tain side  to  the  north,  another  to  pass  along  to  the 
south,  and  the  surplus  is  suffered  to  leap  imme- 
diately down  its  steep  side,  from  eight  hundred  to 
a  thousand  feet  almost  perpendicuur,  whence  the 
work  takes  its  name  of  the  Leap  of  the  Water. 
The  water  of  the  southern  canal  turns  a  grist-mill 
on  its  way  down  $  and  all,  after  reaching  the  plain, 
is  poured  over  it  in  many  directions,  so  as  to  irri* 
Spte  the  various  vineyards,  quintas,  gardens,  and 
larms,  which  are  thus  rendered  astonishingly 
fruitful.  The  Spaniatds  say  that  the  Salio  del 
Agua  remains  now  as  the  savages  left  it  more 
than  two  centuries  and  a  half  ago,  without  any 
altemtion,  and  with  little  repairs.  The  river  Ma- 
pochoj  a  part  of  whose  waters  had  been  thus 
turned  in  so  useful  a  direction  by  the  Indians,  nfter 


passing  the  city  of  Santiago,  croases  the  TiHayia 
an  easterly  direction ;  then,  pursuing  its  eoarss 
south  along  the  foot  of  the  opposite  ridgej^sinlttua* 
der  it,  and,  rising  again  near  Praneieeo  del  Monte, 
hurries  into  the  Blaipo,  whkh  it  finds  above  Mett* 
pjlhi.  after  that  river  had  taken  leave  of  the  pria* 
cipal  Cordillera,  about  twenty  uyies  south  of  San- 
tiago, and  made  its  way  directly  east  over  th«  val- 
ley. Between  these  two  rivers,  on  a  dry  swril 
of'^the  plain,  about  ten  miles  southeast  from  San- 
tiago, the  famous  battle  of  IWpu  was  foughn 
Ami  this  portion  of  the  plains  lay  so  high,  for 
many  thousand  of  acres  in  extent,  that  it  could 
not  be  watered  from  the  small  cuwls  of  the  Ma* 
pocho,  and,  therefore,  was  only  used  as  paeture 
ground.  It  is  intended,  by  the  work  of  MnipiL 
to  bring  the  waters  of  that  river  along  the  foot  er 
the  mountain  in  a  canal,  terminating  at  the  Ma- 
pocho above  the  city  of  Santiago^  so  as  to  water 
and  render  fit  for  cultivation  all  these  plains,  whieli| 
anciently  as  well  as  lately,  have  been  9o  celebrnied* 
Such  are  the  works  of  a  pec^e,  whether  of  abo* 
riginal  or  of  foreign  descent,  who  really  own  a 
country,  and  govern  and  mansige  it  for  themselves* 
The  nature  of  the  two  last  items  of  expenditure 
in  this  account  needs  no  explanation. 

Among  the  official  printed  accounts  of  the  sMU 
of  the  treasury,  which  have  been  sometimes  pub* 
lished  monthly,  from  which  Mr.  Irisarri  a|^>eam 
to  have  copied  his  No  4,  and  made  up  his  sue* 
ceeding  No.  5, 1  find  the  official  treasury  aeootMit 
up  to  the  last  of  February,  1818,  and,  by  adding 
its  gross  amount  to  that  or  Mr.  Irisarri's  No.  4,  it 
will  give  the  amount  of  the  first  year's  receipts 
and  expenditures  of  the  Patriotic  Governments 
reckoning  from  the  battle  of  Ghacabueo,  whkk 
was  fought  on  the  18th  day  of  February,  1817| 
according  to  which  it  appears  that  the  whole 
amount  of  revenue  received  amounts  to  two  nail* 
lion  one  hundred  and  seventy -seven  thoasaa4 
nine  hundred  and  sixtv-seven  dollars,  and  the 
total  anMMint  of  expenuitures,  in  the  same  tiaae, 
has  been  two  million  one  hundred  and  nineteea 
thousand  five  hundred  aad  ninety-five  dollars, 
leaving  a  balance  in  the  treasury  of  ffitv«4ight 
thousand  three  hundred  and  seventy-two  oqUsts* 
This  exhibits  a  view  of  one  year  of  the  war  es- 
tablishment of  Chih.  .To  see  what  would  be  thu 
state  of  its  finances  in  peace,  according  to  this 
same  account,  we  have  only  to  deduct  the  nst 
amount  of  the  confiscations^  the  proceeds  oi  the 
prize,  and  the  ram  raised  to  purchase  arms,  which, 
together,  amount  to  one  million  and  ninety-nine 
thousand  six  hundred  and  twenty-feur  dollars, 
fVom  the  receipts  of  the  year,  and  we  shall  have 
one  million  and  seventy-eight  thousand  three 
hundred  and  forty-three  dofian,  the  receipts  of 
the  treasurer  from  what  appears  to  be  the  pitNloct 
of  the  ordinary  system  of  peace  tamtion.  And 
if  we  then,  in  like  manner,  deduct  f^om  the  grM 
amount  of  expenditure  all  those  items  v^ieh 
have  been  manifestly  occasioned  by  the  present 
war,  it  will  appear  that  the  peace  estabUshmeiit 
would  cost  no  more,  accordii^  to  the  present  sjn- 
tem,  than  four  hundred  and  seven  thousand  two 
hundred  and  thirty  dollars,  which  deducted  ttcmk 


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tk«  pe&ee  rtceipcs,  would  lea¥«  a  balance  in  the 
tfftaeary  of  six  hnndred  and  seventy-one  thoosand 
one  imndnd  and  thirteen  dollars.  This  calenla- 
4ioa  onffht  not,  I  should  eoneeire,  to  be  at  all  af* 
fected  bj  what  is  said  in  the  Treasurer's  note  to 
No.  5y  because  he  speaks  of  charges  that  will 
eridently  be  inclnded  in  the  following  year's  ac- 
count; Aceordinff  to  these  riews,  it  would  appear, 
then,  that  the  abilities  oi  Chili  to  defray  the  ex- 
pense of  its  own  Qovemment,  and  to  sustain  the 
extraordinary  expenditures  of  a  war  of  defence, 
are  not  only  very  abundant,  but  that  its  usual 
ordinary  resources,  in  time  of  peace,  would  be 
aaply  sufficient  for  all  the  purposes  of  roada, 
oaaaw,  and  other  puMic  works,  so  valuable  in  all 
countries,  and  which  would  be  to  Chili  of  the 
most  incalculable  benefit. 

But  it  would  seem  that  these  formal  accounts 
of  the  state  of  the  treasury,  from  thne  to  time 
published  for  the  information  of  the  people,  are 
not  altogether  so  correct  as  they  should  be ;  that 
the  abilities  of  Chili  have,  probably  been  strained 
much  beyond  what  is  here  represented ;  and  that 
there  have  been  disposiiione  of  its  treasure  to  a 
considerable  amount  over  and  above  those  set 
down.  In  a  communication  I  had  with  Mr.  Iri- 
sarri,  on  the  1st  of  Juljr  last,  he  assured  me  that 
the  revenue  of  Chili  had,  during  the  last  year, 
yielded  four  millions  of  dolkrs ;  and  in  the  writ^ 
ten  communication  now  before  us,  he  says  that 
there  are  not  conn>rehended  in  the  official  account 
some  receipts  of  much  importance,  which,  by 
their  uncertain  nature,  ought  not  to  be  inclnded 
in  it  In  addition  to  thne  declarations  of  the 
Sooretary  of  Btate,  it  seemed  to  be  the  current 
opinion  and  belief  that  the  last  year's  revenue 
bad  yielded  about  four  millions  of  dollars.  Chili, 
it  waasaid,  was  much  exhausted,  and  there  had 
been  a  clamor  that  iu  revenue  had  been  grossly 
misapplied,  which  clamor,  it  was  said,  caused  the 
rcsigiiation  of  one  of  the  secretaries.  It  would 
seem,  then,  that  since  the  battle  of  Chacabuco,  a 
sMm  dot  far  ahwt  of  two  millions  of  dollars  has 
bean  gathered  up  in  some  way  or  other,  (in  what 
UMnaer  I  could  not  learn,)  and  either  lies  dead 
in  the  country,  or  has  been  sent  out  of  it.  It 
eeold  not  have  gone  out  by  £iir  commerce  $  be* 
cause  an  expectation  of  riches  in  that  way  would, 
instead  of  axhanstiag  the  people  and  causing  them 
to  complain,  have  benefited  them  much.  But  I 
need  make  no  further  observations ;  the  facu  and 
ciacumstancea  are  before  you. 

Mr.  Irisarri  has  given  a  sutement  of  what,  he 
says,  are  the  numbers  of  the  veteran  forces  of 
Chili,  and  nothing  more.  It  is  of  importance, 
however,  that  the  nature  and  composition  of  this 
veteran  force  should  be  understood.  Under  the 
first  gmrernment  of  the  patriots,  many  who  had 
offisnded  the  reigning  party,  which  was  at  times 
the  Carreras,  and  at  other  times  the  LarrainSk 
with  O'Hifsuis  at  their  head,  were  banished  to 
the  other  side  of  the  mountains ;  and  in  conse- 
quence of  these  internal  divisions,  in  a  ffreat 
measure,  a  principal  portion  of  the  patriot  forces 
of  Chili,  under  the  command  of  the  present  Di- 
caator  which  had  made  a  sund  at  the  town  of 


Rancagua,  were  there  attacked  and  defeated  by 
the  royalists  on  the  2d  day  of  October,  1814,  a/to 
which  the  remnant  of  the  patriotic  forceas  with 
all  who  could,  and  deemed  it  prudent,  fled  in 
every  direction  over  the  Andes.  This  defeat  of 
Rancagua  closed  what  is  called  the  first  epoch  of 
the  Patriot  Gbvernment.  The  Chilian  refngeee 
and  exiles  of  all  parties  rendezvoused  at  Mendoza. 
Gkneral  San  Martin,  who  was  then  there,  made 
common  cause  with  CHiggins  and  the  Larraia 
&ction,  and  undertook  to  reoivanize  an  army 
from  these  motley  and  shattered  materials.  He 
procured  arms  and  a  reinforcement  of  about  two 
thousand  free  negroes  from  Buenos  Ayres.  O*^ 
Higgins  was  made  brigadier  general ;  but  almoet 
all  the  other  officers  of  the  army  were  either  citF* 
zens  of  Buenos  Ayres,  or  commissioned  and  ap* 
pointed  from  thence.  There  was  no  Chilino 
officer  in  it  higher  than  a  captain,  except  0*Hif* 
gins.  This  army,  thns  composed,  amounting  m 
number  to  about  four  thousand,  was  led  over  the 
Andes  by  Qeneral  San  Martin,  through  the  naesea 
of  Putaendo  and  Patos.  With  some  skirmishing 
in  the  pass  of  Putaendo.  but  withont  any  materim 
loss,  the  whole  arrived  safely  in  the  valley  of 
Aconcagna,  near  the  city  of  San  Felipe,  and 
pushing  forward  toward  Santiago,  it  was  met  by 
the  royal  army  under  the  command  of  Marco,  af 
the  foot  of  the  cuesta  which  enters  into  the  val- 
lev  of  Chacabuco.  A  battle  ensued  on  the  IdUi 
ot  February,  1816 ;  Marco  was  captured,  imd 
his  whole  arm]^  cut  to  pieces  or  made  prisoncta. 
Thus  the  patriots  reoained  Chili.  O'Higgina 
was  made  Supreme  Director,  as  he  says  in  hit 
manifesto,  by  the  voice  of  the  cairftal  and  the 
State ;  but  every  one  will  perceive  that  this  army, 
at  least,  had  its  influence  in  the  appointment. 

This  army  has  been  occasionally  divided  and 
united ;  its  parts  have  been  distinguished  by  va» 
rious  names ;  it  has  sustained  uuluj  losses  and 
been  often  recruited ;  but  it  has  received  no  aid 
from  abroad,  it  has  been  snpported,  wasted,  and 
strengthened,  altogether  in  Chili ;  it  is  now  culed 
"  the  united  army  of  the  Andes."  As  it  fell  back 
on  the  approach  of  the  royal  army  under  the  com* 
mand  or  Osorio,  it  was  said  to  have  sat  down  at 
Cancharayda  nine  theusand  five  hundred  strong. 
It  may  have  then  consisted  of  that  number ;  buc 
on  the  night  of  the  19th  March  last  it  was  attack- 
ed  by  the  royal  army,  panic  strock^  and  almost  to* 
tally  dispersed.  It  nulied  again  in  the  valley  of 
Santiago.  The  ro3ral  army  under  Osorio  oimdo 
up.  the  troops  of  which  were  composed  princi- 
pally of  veterans  from  Spain,  that  had  been  trans- 
ported by  the  way  of  Cape  Horn  to  Lima,  and 
thence  to  Conception  $  and,  with  some  Chuotes 
^and  other  auxiliaries  of  the  country,  was  about 
'five  thousand  strong.  The  rallied  patriot  army 
could  not  have  exceeded, according  to  aay  account, 
six  thousand  men,  almost  all  raw  troops  or  militia, 
except  the  Buenos  Ayree  negroes.  The  royalitu 
had  a  decided  advantage  of  ground,  and  twelve 
pieces  of  artillery  more  than  the  patriots.  In  this 
situation,  the  two  armies  met  about  ten  miles  to 
the  southeast  of  the  city  of  Santia^  on  the  plains 
of  Maipu ;  and  early  on  tha  morning  of  the  nth  of 


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Aftil  last  a  most  desperate  conflict  commenetd. 
Tlie  royalists  charged  fiercely ;  the  negro  troops 
flinched ;  bat  the  Chtlinos,  the  militia  no  less  than 
the  rest,  animated  by  one  ioTincible  ferror  of  pa- 
triotism, with  shoots  of  "  Viva  la  Patria,"  carried 
all  before  them,  sword  in  hand,  or  at  the  point  of 
t^  bayonet.  The  field  was  literally  strewed  with 
heaps  of  slain.  The  combat  continaed  with  Ta*> 
rions  fortunes  until  late  in  the  afternoon.  It  is 
said  that,  for  the  numbers  engaged,  there  nerer 
was  a  more  obstinately  contested  combat  or  a 
more  4)loody  battle  fought  in  any  part  of  the 
world.  Of  the  royal  army^  the  half  were  fotind 
dead  or  wounded  on  the  field,  and  all  the  rest 
made  prisoners.  The  loss  sustained  by  the  pa- 
triot army  is  estimated  at  about  fifteen  hundred. 
The  victory  of  Maipu  has  coinpletely  confirmed 
the  independence  of  Chili.  Since  the  battle, 
many  of  the  troops  who  had  fled  from  Canchar- 
ayda  have  been  rallied,  and  there  have  been  also 
many  recruits  enlisted.  Yet,  after  making  all  al- 
lowances, I  could  not  find  ainong  the  citizens 
that  any  one  estimated  the  army  at  more  than  six 
thoosand  strong  on  the  1st  of  July  last.  But  it 
naay,  as  Mr.  Irisarri  states,  amount  to  eight  thou- 
sand four  hundred.  Of  the  ofileers  of  the  army, 
there  are  at  present  but  two  Chilinos  in  it  above 
the  rank  of  captain  $  the  one  is  the  pr^nt  Direct- 
or, who  is  a  brigadier  general  under  General  San 
l^rtin,  and  the  other  is  Oolonel  Raymon  Freyre, 
a  native  of  Santiago,  about  twenty-three  years  of 
age,  but  confessedly  one  of  the  most  distinguished 
omeers  in  the  patriotic  service ;  he  is  as  modest 
and  unassuming  as  he  is  intrepid,  and  is  said  to 
be  firmly  devoted  to  the  establishment  of  the  lib- 
ertiee,  as  well  as  to  the  independence  of  his  coun- 
try. A  part  of  the  united  arm]r  of  the  Andes  is 
ftow  in  the  province  of  Conception,  near  the  ene- 
my, and  another  part,  including  the  Buenos  Ayres 
Bcgroes,  is  in  Santiago,  as  a  guard  to  the  capital 
and  the  palace. 

With  respect  to  the  militia,  the  estimate  given 
by  Mr.  Irisarri  is  of  so  much  of  the  country  as 
is  at  present  in  the  power  of  the  patriots.  I  did 
not,  however)  understand  that  thev  had  been  com- 
pletely officered  or  organized.  As  to  arms,  they 
nave  few  or  none;  and  I  question  whether  the 
Qovemment  has  arms  for  them  over  and  above 
those  necessary  for  the  regular  troops.  There 
are,  however,  a  great  many  arms  in  the  country, 
belonffing  to  merchants,  for  sale;  and  the  people 
are,  either  by  purchasing  arms  for  themselves,  or 
by  being  occasionally  exercised  in  the  militia, 
improving  very  rapidly  in  the  knowledge  and 
use  of  arms. 

The  marine  of  Chili  is  made  up  of  those  ves- 
sels specified  in  the  paper  No.  7,  attached  to  Mr. 
Iritarri's  communication.  They  have  been  late- 
ly purchased^  and  are  altogether  officered  and 
manned  by  foreign  seamen,  chiefly  Americans 
and  Bnfflish.  The  brig  Aquila,  of  eighteen  guns, 
has  performed  some  service ;  she  was  purchased 
soon  after  the  battle  of  Chacabuco.  The  brig 
Buenos  is  of  not  much  value. 

Just  previous  to  the  battle  of  Maipu  the  Eng- 
lish ship  Windham,  carrying  fifty-two  guns,  then 


lyin^  in  the  harbor  of  Valparaiso,  bound  on  a 
trading  voyage  to  Botany  Bay  and  India,  waa 
purchased  by  sundry  persons,  principally  Ameri- 
cans and  English,  m  partnership  with  the  Gov^^ 
ernment,  and  commissioned  as  a  Ghilino  cruiser, 
under  the  name  of  the  Lautaro.  She  made  oae 
short  cruise,  in  which  she  had  a  combat  with 
the  two  Spanish  ships  Esmeralda  and  Pezuela. 
About  the  latter  end  of  June  last,  she  was  pur- 
chased by  the  Qovemment  entirdy  of  the  indi- 
viduHl  owners.  Since  then  she  has  not  been 
completely  manned.  The  Coquimbo  was  a  pri- 
vateer ready  for  sea  in  the  beginning  of  July  laat, 
and  in  that  situation  purchased  by  the  Govern- 
ment. As  to  the  two  ships,  San  Burtin  and  Cl»- 
cabuco,  spoken  of  in  thn  paper,  General  Ban 
Martin  had  a  considerable  sum  of  money  sent 
over  to  Buenos  Ayres,  where  he  employed  Mr. 
Aguirre  and  Mr.  Gomez,  two  gentlemen  of  that 
city,  and  placing  the  funds  of  Chili  in  their  hands, 
with  a  commission  from  it  for  Aguirre,  sent  them 
to  the  United  States  as  agents  to  contract  for  the 
building  of  two  vessels  m  war;  where  they  ar- 
rived and  contracted  for  the  building  of  them  in 
the  city  of  New  York.  Since  then  further  sums 
have  been  remitted  from  Chili,  through  Bnenoa 
Ayres,  to  Messrs.  Aguirre  and  Gomez,  to  meet 
the  expenses  of  completely  fitting  out  these  ships, 
which  were  to  be  called  Ban  Martin  and  Chaca- 
buco. They  had  not  arrived  when  I  left  Valpa- 
raiso. As  to  the  privateers  of  Chili,  it  has  not 
been  long  since  they  commenced  their  careers 
some,  it  is  said,  have  been  successful.  A  copy  m 
the  rules  and  regulations  by  which  they  are  to  \m 
governed  was  handed  to  me  by  Mr.  Irisarri,  and 
accompanies  this,  marked  as  exhibit  A.  I  did 
not  hear  that  any  acts  or  conduct  contrarfr  to  the 
usual  practices  and  the  laws  of  nations  in  suck 
cases  had  been  imputed  to  any  of  these  vesaels. 

It  would  not,  perhaps,  be  correct  to  consider 
either  the  exports  and  imports  of  Chili,  dorio^ 
its  subjection  to  the  late  colonial  system,  any- 
more than  what  it  has  received  and  sent  abroad 
during  the  present  revolutionary  epoch,  as  an  ne- 
curate  criterion  by  which  alone  to  ascertain  tlin 
annual  value  of  its  commerce,  when  the  whole 
country  shall  be  united  and  settled  in  a  state  of 
peace  under  one  and  the  same  Government.  Bat 
a  knowledge  of  existing  facts  and  circumstances, 
taken  in  connexion  one  with  another,  will  enahln 
us  to  form  some  opinions  approaching  the  truth 
as  to  what  its  real  capacity  now  is,  and  may  be 
in  future. 

Considering  the  precious  metals,  in  bullion  and 
in  coin,  over  and  above  what  is  necessary  to  carry 
on  the  exchange  of  the  country,  as  amonf  the 
articles  of  iu  exports,  the  following  is  a  list  <f 
the  chief  of  them  at  present:  gold,  silver,  copper, 
tin,  wheat,  flour,  hemp,  cordage,  hides,  tallow, 
jerked  beef,  vacuna,  guanaco,  and  chinchilla 
skins,  and  several  kin£  of  dried  fruit,  figs,  rai* 
sins,  dbc 

Since  the  opening  of  the  ports  of  so  much  of 
Chili  in  Februarv,  1817,  as  the  patriou  obtained 
possession  of,  tbere  have  arrived  twenty-four 
American  vessels,  principally  ships  of  two  h«&<^ 


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Condition  of  Sauih  America. 


dred  tons  and  upwards.  Of  these,  foar  were 
whal^  ships,  and  roar  other  ships  engaged  in  the 
sandal  wood  and  northwest  coast  trade;  these 
ahips  called,  obtained  refreshments,  and  had  some 
little  trade.  The  other  sixteen  brought  cargoes 
for  the  Chili  market,  consisting  of  arms,  ammu- 
nition, na¥al  stores,  tobacco,  iron,  furniture,  iron 
hoUow-ware,  British  dry  goods  and  crockery, 
India  goods,  French  goods,  and  jewelry;  which 
bare  Men,  at  a  reasonable  estimate,  supposed  to 
be  worth  one  million  three  hundred  and  eighty^ 
five  thousand  dollars.  And,  during  the  same  pe- 
riod of  time,  there  arrived  twenty  British  vessels, 
one  on  a  wnaling  voyage,  and  one  bound  to  the 
northwest  coast,  and  eighteen  with  cargoes,  either 
from  the  river  Plata,  with  articles  eollectea  there, 
as  yerba,  tobacco,  4c.,  or  from  Europe,  but  chiefly 
with  British  goods.  The  total  amount  of  their 
cargoes  has  been  pretty  fairly  estimated  at  about 
one  million  eight  hundred  and  thirty-five  thou- 
sand dollan.  Manv  of  these  vessels,  as  well 
Americans  as  British,  had  left  Chili  in  July  last; 
others  still  remained  there ;  and  it  was  estimated 
that  neither  the  Americans  nor  English  had,  at 
that  time,  collected  much  more  than  half  the  re- 
turns for  the  imports;  Besides  these,  there  had 
arrived,  in  the  same  time,  two  Russian  ships,  ope 
Swedish,  one  French,  ana  one  merchantman  from 
Buenos  Ayres  in  ballast,  which  was  sold  there 
and  fitted  out  as  a  privateer;  The  British  have, 
it  is  said,  for  a  long  time  had  a  ship  of  war  on 
the  coast  of  Chili  for  the  protection  of  their 
trade.  The  British  ftigate  Amphion  left  Valpa- 
raiso in  February  last;  and  in  May  the  sloop  of 
war  Blossom,  and  soon  after  her  the  friffate  An- 
dromache, arrived  on  the  coast.  The  Blossom 
had  sailed  to  Columbia  river,  and  the  Andro- 
mache was  at  Lima  on  the  15th  of  July  last. 

The  whole  amount  of  imports  into  that  portion 
of  Chili  held  by  the  patriots  during  the  last  year, 
as  well  over  the  Andes  as  by  sea,  has  been  esti- 
mated at  little  short  of  four  millions  of  dollars ; 
of  which,  two  millions,  it  is  believed,  have  come 
from  England,  one  from  the  United  States,  and 
one  from  Buenos  Ayres ;  while,  during  the  same 
period  of  time,  it  is  supposed  there  has  not  been 
exported  from  the  country,  inclading  specie,  more 
than  about  two  millions ;  which,  at  present,  leaves 
an  apparent  balance  against  it  of  half  the  whole 
amount  of  its  imports.  This  is  owing  to  two 
eauses:  in  the  first  place,  according  to  the  colo- 
nial system  and  course  of  trade,  which  is  con- 
tinned,  with  few  alterations^  mercnandise  import- 
ed was  never  sold^  so  as,  within  the  last  year,  to 
place  the  returns  in  the  hands  of  the  importer, 
because,  if  he  was  a  foreigner,  as  has  uniformly 
been  the  ease  latterly,  he  was  not,  nor  is  he  now, 
allowed  to  retail  them  himself;  or,  as  the  law  has 
defined  what  shill  be  considered  retail,  by  refer- 
enee  to  a  mule  load,  to  sell  any  package,  two  of 
which  are  equal  to  a  mule  load,  or,  in  other 
words,  to  sell  a  package  of  less  than  two  hundred 
pounds  weight.  And,  according  to  the  former 
enatom  of  the  country,  no  retailer  would  take 
more  than  what  he  immediately  wanted.  This 
pieeantionary  and  dilatory  custom  has  increased 


with  the  late  precarious  revolutionary  times. 
The  consequence  has  been,  that  as  great  an 
amount  of  goods  has  not  been  vended  as  might 
have  been  if  the  actual  demands  of  the  people 
had  been  gratified.  The  other  cause  is,  that,  in 
anticipation  of  the  market,  without  a  correct 
knowledge  of  the  wants  and  taste  of  the  people, 
a  greater  amount  of  some  articles  has  been  intro- 
duced than  was,  for  the  present,  wanted ;  and  a 
considerable  amount  of  others  has  been  imported| 
which  are  utterly  unsaleable.  Hence,  in  some 
respects,  commerce  has  not  yet  completed  its 
circuit ;  the  goods  are  unsold,  still  lying  In  the 
hands  of  the  foreign  merchant ;  the  country  is 
not  indebted  for  them ;  and,  therefore^  the  balance 
of  trade  is  not  so  much  against  Chili  as  would 
at  first  appear. 

As  regards  foreign  commerce,  the  market  of 
Chili  may  be  considered  as  beine  yet  untried, 
unexplored,  and  but  very  imperfectly  known. 
Many  thin^  are  getting  into  use,  and  the  demand . 
for  others  increases  as  the  people  become  better 
acquainted  with  their  utility.  There  are  some 
few  articles  of  the  growth  or  manufacture  of  the 
United  States  which  have  been  found  to  answer, 
as  saddlery,  Windsor  chairs,  furniture,  tobacco, 
and  some  others ;  of  the  European  fabrics,  those 
of  France  and  Germany  are  greatly  preferred. 
It  has  been  remarked,  that  even  the  miserable 
casuchas  of  the  huasos  are  beginning  to  exhibit 
some  conveniences  of  foreign  fabric,  which,  until 
the  opening  of  the  ports  of  their  country,  were 
unknown  to  them.  Indeed^  I  presume  it  will  be 
regarded  as  one  of  the  inevitable  consequences  of 
the  present  revolution,  that,  as  the  comforts  and 
conveniences  of  the  mass  of  the  people  shall  be 
substantially  improved  by  it,  their  wants  will  be 
multiplied,  and  their  capacity  to  pay  for  them 
proportionably  augmented. 

In  estimating  the  powers  of  a  State,  we  natu^ 
rally  look  first  at  its  physical  qualities;  the  salu* 
briiy  of  its  climate ;  the  fertility  of  its  soil ;  the 
means  of  intercourse  by  which  one  district  may 
aid  and  supply  another :  the  nature  of  iu  produc- 
tions, and  how  its  population  is  seated ;  whether 
crowded  into  a  small  space,  or  sparsely  scattered 
over  a  great  tract.  These,  and  such  circum- 
stances, are  necessary  to  be  known^  in  order  to 
form  a  just  opinion  of  the  capacities  and  ener- 
gies of  a  people.  I  have,  therefore,  endeavored 
to  present  you  with  a  clear  view  of  all  these  mat- 
ters is  regards  Chili.  But  the  human  institu- 
tions of  a  country,  though  not  so  indelible  and 
unchangeable,  are  often  no  less  powerful  in  their 
operation  than  those  physical  qualities.  Super- 
stition spreads  over  the  social  visage  the  sicklj 
hue  of  pestilential  vapors,  and  the  hands  of  arbi- 
tmry  drones  disappoint  the  hopes  of  the  harvest 
like  the  rust  or  a  mildew.  In  a  salubrious  cli- 
mate, amidst  the  abundance  of  agricultural  pur- 
suits, and  with  the  advantage  of  a  condensed 
population,  if  anywhere,  it  would  seem  that  there 
fife  should  have  all  its  gayety,  its  deliffhts,  and 
its  value ;  that  there  all  the  social  ties  should  be 
most  stronglv  felt,  and  that  there  human  exeel- 
leneies  should  be  most  fully  developed;  boC  a 


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2SM 


(^miUion  (f  8oitlh  Ammca. 


Biftf  orasgo,  a  monk,  and  a  regal  superior,  skall 
be  permitted  to  walk  hand  in  hand  o¥er  this 
goodlv*  scene,  and  they  will  gather  up  all  its 
abnnaance,  banish  its  festivities,  and  leave  it  like 
a  barren  bat  inhabited  waste,  a  scene  of  beggary, 
of  squalid  ragj^edness,  and  filth ;  where  the  hu- 
man creature,  losptrited  by  no  motive,  and  lost 
to  every  sentiment  of  his  own  dignity  and  worth, 
shall  value  nothing  so  much  as  a  long  interval  of 
repojBe  \  and  a  modern  philosopher,  unmindful  of 
Christian  feeling,  shall  look  upon  such  creature, 
so  eireomstanoed,  and  in  a  spirit  of  what,  by 
some,  might  be  deemed  phiio8q>hieal  liberality, 
at  once  pronounce  him  utterly  unfit  for  liberty. 
All  human  institutions  which  in  their  op«rations 
and  consequences  paralyze  human  industry^  or 
waste  and  consume  its  fruits,  are  most  serious 
tvils.  Their  pernicioos  efieou  are  always  se- 
verely felt,  ana  they  never  fail  to  abstract  from 
the  oapapities  of  a  nation,  to  enfeeble  it  more  ef- 
fectually than  war,  famine,  or  plague.  All  colo- 
nial establishments  are  ruinous  to  a  colony,  be- 
'  oanse  they  gather  up  the  wealth  of  the  country, 
regardless  of  the  beneficial  reciprocity  of  fair 
Goounerce,  and  send  it  abroad.  An  eoclesiasti- 
eal  establishment  consumes  the  productions  of  a 
country  within  itself,  yielding  no  return.  It  is 
like  a  rot  in  the  earing  t[  the  corn.  They  are 
both  of  them  political  eviU  of  a  similar  nature. 
The  one  Chill  has  banished  forever  |  the  other 
has  been  shaken  and  loosened,  hot  it  yet  remains. 
The  church,  in  all  the  Spanish  possessions  in 
America,  was  well  provided  for;  in  Chili  par- 
ticularly so.  There  are  said  to  be  about  ten 
thousand  monks  and  nuns  in  the  whole  country ; 
that  is,  of  the  class  called  regular  clergy,  in  con- 
tradistinction to  the  seculars.  The  religious  in- 
stitutions, filled  by  these  regular  clergy,  are  said 
to  hold,  in  one  way  or  other,  either  in  absolute 
proprietorship,  or  charged  with  the  payment  of 
annual  sums  or  corrodies,  or  under  mortgages, 
nearly  one- third  of  the  landed  property  of  the 
State.  The  lands  of  the  religious  houses  held  in 
abaolute  proprietorship  are  usually  rented  by  a 
person,  who  again  underlets  them  to  other  ten- 
ants, who  hire  slaves  and  huasos  or  peasants,  and 
cultivate  them,  as  a  sort  of  terre-lenants  or  stew- 
ards. Thus  two  sets  of  drones  are  supported  from 
its  prc^ta— the  monkish  proprietors  and  the  mesne 
lenants,  neither  of  whom  ever  pay  any  other  at- 
tention to  the  estate  than  to  collect  the  rents  when 
due.  The  efiecC  upon  agriculture  and  society  of 
ittfiering  a  great  portion  of  the  land  of  a  country 
to  be  held  in  mortmain  is  well  understood,  and 
in  Chili  it  is  quite  obvious.  In  addition  to  the 
landed  estates  held  by  the  religious  Institutions, 
they  have  what  are  called  their  censos,  or  money 
lent  out  on  interest  of  five  per  cent,  per  annum, 
to  the  amount  of  ten  millions  of  dollars;  and 
besides  their  share  of  the  tithes,  which  the  State 
still  permiu  them  to  draw,  the  clergy  have  the 
first-fruits  or  anatos,  which  yield  to  ei|ch  curate 
between  two  and  three  hundred  dollars  per  an- 
num. When  we  contemplate  this  prodigious 
wealth  of  the  church  of  Chili,  compared  with  the 
revenues  of  the  State,  and  recollect  the  searching 


prevaleiicy  of  pecuniary  iafiuence,  we  shaH  m% 
once  see  the  tuU  force  of  the  Spanish  saying, 
that,  in  that  conntrv,  "  it  is  doubtful  whetkec 
the  State  be  in  the  Cnnroh,  or  the  Choreh  in  the 
State."  • 

The  present  patriot  authoritiee,  owing  to  (he 
nature  of  revolution  itself,  to  their  pir<Niigalitjr,  to 
their  having  too  many  hungry  ezpectaau  abent 
them,  or  to  some  other  causes,  are  conttaoally 
pressed  for  resources.  They  have  repeatedly 
cast  an  eye  upon  the  accommodations  and  the 
wealth  of  the  church.  They  have  solemalj 
asked  the  opinion  of  the  holjr  fathers  as  to  the 
propriety  and  policy  of  raistnff  a  considerable 
eum  of  money  by  the  sale  of  buTls  and  indolgeii- 
cies ;  and  were  answered  that  neither  right  nor 
rdigion  would  forbid  it.  They  have  seized  upon 
two  large  monasteries,  turned  oat  the  monks  te 
seek  accommodation  elsewhere  among  their 
brethren,  and  made  barracks  of  the  holy  lodgings. 
They  have  uken  the  house  of  exefciae^  that  is, 
the  large  edifice  where  the  faithfal  used  to  resort 
to  receive  the  pious  insUuction  of  the  fathiwa, 
and  to  punish  the  body  for  the  good  of  the  eool, 
and  converted  it  into  an  armory.  They  have 
tried  and  convicted  monks  and  mint  of  high  trea- 
son, and  sent  them  into  banishment ;  and,  sooie 
months  ago,  urged  by  their  continual  pecuniary 
necessities,  they  proposed  merely  to  borrow  the 
censos  of  the  monasteries,  and  aecordiogiy  insti- 
tuted an  inquiry  into  their  amount;  and  ihns 
ascertained  that,  in  the  bishopric  of  Santiago, 
they  rose  to  about  six  millions  of  doUars ;  and  in 
the  bishopric  of  Conception  they  were  ia  amount 
about  four  millions.  The  church  clamored  pro- 
digiously at  this  most  unholy  attempt  to  toodi 
the  support  of  religion.  Thie  State,  however, 
made  out  to  relieve  itself  from  its  exigencies  in 
some  other  way,  and  for  the  present  abstained 
from  borrowing  the  ecclesiastical  censos ;  bat  a 
fair  and  generiU  tax  has  been  laid  on  all  chureh 
property. 

The  Spanish  chie£i  or  viceroys  under  whose 
auspices  Chili  was  conquered,  made  very  exten- 
sive grants  of  its  territory  among  their  principal 
followers  and  favorites ;  or,  actuated  by  the  re- 
ligious fervor  of  the  times,  they  made  settleoaents 
of  whole  valleys,  or  the  most  choice  and  exten- 
sive tracts,  upon  some  religions  houses,  or  for 
some  pious  purposes.  The  knds  thus  granted  to 
the  reiigioHs  institutions  being  held  in  mortuMiiL 
were  inalienable ;  and  those  large  tracu  granted 
to  individuals  were  commonly  entailed,  and  trana- 
mitted  entire,  as  fsuered  inalienable  inheritances, 
according  to  the  principles  of  the  Spanish  law  of 
primogeniture  called  mayorazgo.  The  expres- 
sions often  used  in  an  original  grant,  as  descrip- 
tive of  the  tract  conveyed,  wilT  give  an  idea  of 
their  extent  They  were,  that  the  grantor  should 
have  and  hold  all  the  tract  within  the  waterfalls, 
from  such  a  point  to  such  another  point.  These 
etpressionsj  not  unfrequently,  by  thus  calling  for 
the  circumjacent  ridges  as  the  confines,  compre- 
hended the  greater  part  of  a  large  valley ;  so  that 
the  mayorazgo  might  stand  on  hb  estate,  and  be- 
hold iu  outlines  and  boundaries,  like  an  immeiiae 


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AFFINDIX. 


QmditUm  qf  Sauih  Am^ricm. 


circamvaUation  thrown  up  by  the  band  of  nature 
all  around.  The  effects  upon  husbandry,  com- 
merce, and  the  state  of  society  generally,  of  suf- 
fering these  fettered  inheritances  to  continue  in 
any  country,tare  well  known.  It  is  said  that 
their  effects  bare  been  extremely  pernicious  in 
Chili.  The  present  Director  has,  however,  put 
an  end  to  them.  By  his  cMlict  of  the  5th  of  June 
last,  all  mayorazgos  are  forerer  abolished  and 
pronibited  in  future. 

Before  the  revolution  there  never  was  a  print- 
ing press  in  Chili;  nor  did  aoy  science  reach  it 
but  what  was  carefully  paraed  through  the  sieves 
and  strainers  of  the  holy  inquisition  of  Madrid, 
or  the  no  less  holy  inquisition  of  Lima.  The 
taste  for  intellectual  pleasures  was  everywhere 
suffocated  or  religiously  restrained;  and  the 
oharms  and  heresies  of  modern  literature  were 
permitted,  in  no  shape,  to  lead  the  faithful  Chil- 
inos  astray.  The  press,  until  within  these  few 
years,  was  a  machine  of  as  much  entire  novelty 
imd  curiosity  to  the  people  of  tbat  country  as 
any  other  of  the  useful  mechanical  inventions  of 
modern  times ;  its  powers  and  its  value  were  un- 
known;  and  the  earthly  immortality  which  it 
beaiows  upon  the  labors  of  virtue  and  genius  was 
a  matter  wholly  beyond  tbeir  conception.  The 
press  is,  however,  no  more  than  tbe  great  instru- 
ment by  which  all  human  knowledge  may  be 
apeedily  and  extensively  diffused,  and  easily  mul- 
tiplied, renewed,  and  perpetnateu.  But  it  never 
haa,  nor  can  it  be  used  as  a  machine  to  create  a 
talent  for  discussion  and  investigation,  or  to  arouse 
a  people  to  an  assertion  of  their  rights,  whose 
minds  have  not  been  previously  impressed  with 
a  knowledge  of  letters,  and  also  been  imbued  with 
a  talent  for  discussion.  The  first  revolutionary 
Impulses,  on  such  a  people,  like  those  made  on 
the  Romans  in  the  time  of  the  elder  Brutus,  or 
on  the  English  at  Runnimede,  or  on  the  Swiss 
in  the  days  of  Tell,  or  on  the  Spaniards  who  fol- 
lowed the  fortunes  of  Padilla,  must  be  from  other 
causes  and  by  other  means  than  through  tbe  in- 
strumentality of  the  press;  and,  perhaps,  I  should 
not  be  wrong  in  observing  that  tne  first  and  most 
successful  revolutionary  impulses  in  favor  of  lib- 
erty,  in  all  ages  and  countries,  have  not  been 
those  made  by  that  cool  but  potent  instrument  of 
reason,  but  by  those  animating  strokes  which, 
falling  directlv  npon  the  heart,  and  on  the  senti- 
ments and  feelings  of  the  bosom,  arouse  passions 
sufficiently  strong  to  burst  all  bonds  and  to  en- 
counter all  perils.  Such  is  the  impulse  which 
has  been  given  to  Chili ;  and  the  Spaniards  will 
long  remember  that,  on  tbe  plains  of  Maipu  at 
least,  the  sentiments  and  feelings  of  Chilinos  were 
kindled  to  deeds  of  noble  daring,  far  beyond  all 
ordinary  power  of  resistance.  After  a  people 
have  thus  had  their  passions  and  sentiments  com- 
pletely unfettered,  the  influence  of  the  press  gently 
follows,  as  a  reasonioff  friend,  who  diligently  in- 
structs the  head  and  justifies  the  feelings  of  the 
hemtu  The  press  has,  as  yet,  therefore,had  little 
or  no  effect  in  Chili,  nor  is  its  operation  likely  to 
become  immediately,  and  at  once,  extensive  and 
powerful,  under  any  oircumstancein  which  it  could 


now  be  placed,  owing  to  the  previous  habits  and 
education  of  tbe  present  generation  of  the  people. 

The  Christian  religion,  as  has  been  justlv  ob- 
served, is,  in  all  its  various  forms,  essentially  an 
intellectual  mode  of  worship.  Ail  its  different 
sects,  more  or  less,  inculcate  the  communion  ef 
mind  with  infinitely  amiable  and  benevolent 
mind.  Its  fundamental  principles,  therefore,  cor- 
rectly understood,  are  exceedingly  friendly  to  the 
cultivation  of  the  intellect.  But  a  contrast  of 
the  Catholic  establiishment  in  Chili,  with  the 
established  church  and  toleration  of  our  country, 
under  its  colonial  system,  will  show  how  ex- 
tremely different  the  effect  and  consequences  of 
the  same  divine  emanations  may  be^  in  proportion 
as  they  are  mingled  or  effusated  with  the  sordid 
objects  of  Governments  and  of  men.  The  isval 
sects  in  our  country,  as  well  as  the  church  of  the 
State,  which  was  itself  a  deviation  from  the  older 
establishment,  made  the  cultivation  of  the  mind 
and  exercise  of  the  intellect  essentially  neoessary, 
as  well  for  the  pastor  as  for  each  of  his  flock.  To 
set  forth  the  correctness  and  the  excellence  of  kb 
creed,  and  to  expose  the  errors  of  others,  which 
he  deemed  it  a  solemn  duty  to  instruct  his  fol- 
lowers to  avoid,  continually  called  on  the  preacher 
for  an  intellectual  effort,  and  imposed  on  htm  a 
ceaseless  task  of  reasoning. 

The  church  was  thus  made  to  every  hfnet  a 
school  of  polemical  exercise,  as  well  as  a  house 
of  adoration  and  prayer.  The  colonist  of  our 
country  thus  had  his  mind  imperceptibly  enlarged 
and  invigorated,  his  polemioil  skill  continually 
improved,  and  his  reasoning  faculties  sharpened 
and  prepared  for  political  as  well  as  religious  sub- 
jects. On  the  other  hand,  the  established  church 
of  Chili  tolerates  no  rival,  suffers  nothing  like  re- 
liS[ious  controversy,  and  is  itself  the  conf^regated 
original,  whose  creed  suggests  no  inquiry,  nor 
challenges  any  investigation.  The  mind  hears 
the  dogma  dictated  which  it  is  commanded  to 
believe,  without  daring  to  doubt,  or  presuming  to 
ask  a  question.  Men  are  faithful  but  not  rational 
believers:  the  rich  and  shining  ceremonies  of  the 
church  glitter  before  their  senses;  they  yield  rev» 
erence  from  habit;  and  their  minds, overshad* 
owed  with  a  gloomv  obeisance,  rest  content  in  a 
kind  of  irrational  silence.  The  Catholic  religtea 
itself  is  better  understood  in  our  country ;  becaose 
its  principles  are  discussed  and  explained,  and 
much  has  been  published  in  its  vindication*  But 
in  Chili  it  is  never  controverted,  selaom  expouid- 
ed,  and  stands  in  need  of  no  vindication.  It  is 
upheld  by  power.  The  people  comply  with  its 
ceremonies  without  presuming  to  question  their 
meaning;  and,  consequently,  the  great  mass  of 
them  understand  little  of  the  principles  of  the 
religion  they  profess.  Hence,  from  this  cause 
among  others,  in  our  country  the  first  revolationp 
ary  blow  aroused  multitudes  of  the  most  adroit 
veterans  in  argument,  whose  reasoning  powers 
attracted  the  admiration  of  the  world.  But  the 
Chilino,  with  awakened  feelings  as  keen  and  as 
strong,  and  animated  by  a  courage  as  determined 
and  invincible,  is,  as  yet,  a  suraagar  to  mental 
struggle  and  political  controversy. 


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APPENDIX. 


2208 


Condition  of  South  America. 


Soon  after  the  eommeneemeDt  of  the  revolo- 
tioo,  in  the  year  1811,  when  the  Carrera  party 
was  in  power,  a  printing  press  was  imported  from 
New  York,  which  was  set  up  and  managed  by 
three  citizens  of  the  United  States,  who  went 
with  it,  and  a  weekly  newspaper  was  published 
called  the  Aurora,  edited  by  Camilla  Henriquez, 
now  of  Buenos  Ayres.  This  was  the  first  news- 
paper ever  piiblished  in  Chili.  After  the  Carre- 
ras  were  put  out,  and  the  party  now  in  power 
obtained  tne  ascendency,  the  paper  was  called 
Arauco,  and  was  edited  by  Mr.  Irlsarri,  the  pre- 
sent Secretary  of  State.  Since  then  there  has 
been  continually  a  newspaper  published  in  Chili. 
But  it  has  always  been  under  the  absolute  control 
of  the  reif^ning  party.  Some  one  dared  to  say 
that  the  victorT  of  Chacabuco  had  been  gained 
ehiefly  by  the  braTe  efforts  of  the  sons  of  Chili ; 
and,  by  an  edict  of  the  present  Director,  of  the 
14th  of  March,  1817,  the  printer  was  commanded 
to  giro  up  the  name  of  the  author,  that  he  might 
be  punished  as  a  libeller,  who  designed  to  ex- 
cite jealousies  in  the  minds  of  the  Chilinos 
against  the  generous  defenders  of  their  liberties 
from  Buenos  Ayres.  There  are,  at  present,  four 
weekly  newspapers  published  in  Santiago  i  none 
anywhere  else  m  the  State ;  the  Ministerial  Ga- 
zette, a  QoTernment  paper,  formally  made  such 
on  the  2d  day  of  Mar,  1818,  and  placed  under 
the  management  of  the  Secretary  of  Sute.  Bl 
ArgoiL  £1  Daende.  and  El  Sol,  each  issuing  once 
a  week;  and  all  ot  which  are  printed  at  one  and 
the  same  press,  belonging  to  the  GoTernment, 
are  understood  to  be  edited  by  the  clerks  and 
officera  of  Gtorernment  and  are  wholly  subseryi- 
ent  to  the  powers  that  be.  There  are  two  other 
printing  presses  in  the  country,  which  were  car- 
ried there  by  citizens  of  the  United  States  for 
sate,  but  they  are  not  found  to  be  saleable  articles. 

The  present  Director,  on  the  26th  of  June,  1818. 
issued  an  edict,  exempting  all  newspapers  and 
pamphlets  from  postage,  and  allowing  all  books 
to  be  imported  free  of  duty.  Thus,  light  may 
begin  to  break  in.  But  there  is  a  fellowship  and 
asocial  principle  in  human  rights  which  prompts 
each  to  cherish  and  sustain  theother.  Nothing  can 
prevent  the  introduction  of  the  representative  sys- 
tnn,for  the  hearu  of  the  people  are  bent  upon  it; 
that  will  draw  after  it  discussion ;  the  press  in  the 
very  chief  instrument  of  investigation  :  and  when 
a  people  begin,  with  that  help,  to  think,  to  in- 
^";'«»  and  to  vote,  their  advancement  must  in- 
•vitobly  be  very  rapid,  unless  their  country  be 
distracted  and  devastated  by  foreign  foes.  Thanks 
to  Heaven!  there  are  few  hereditary  enemies  to 
reform  on  this  continent ;  none  which  surround 
Chili;  and  not  many  on  the  globe  who  have 
strength  and  length  of  arm  to  strike  it;  not  one 
that  can  subdue  it. 

The  greater  part  of  the  Europeans  who  settled 
in  Chili  are  said,  by  some,  to  have  emigrated 
from  the  southern  provinces  of  Spain.  But  there 
IS  a  tradition  in  the  country,  that,  immediately 
after  the  barbarous  wars  conducted  by  the  Duke 
?  .  ^^*S.^>®  Netherlands,  many  of  the  adhe- 
renu  of  PhiHp  II.  of  that  country  emigrated  to 


Chili.  But,  ftom  whatever  portion  or  provinee 
of  Europe  they  have  principally  derived  their 
descent,  every  stranger  acquainted  with  other 
Spanish  settlenoents  in  America  at  once  remarks 
the  fairness  of  the  complexion  of  the  Chilinos  of 
un mingled  European  descent;  blue  eyes  and  fair 
hair  are  common.  Perhaps  a  regular  mountain 
climate  has  rather  given  prevalency.  and  cleared  - 
than  darkened  the  fine  complexion  of  the  first 
European  settlers.  It  is  among  this  class  that  all 
the  intelligence  of  the  country  is  found,  wiio  are 
said  to  be  in  general  much  better  acquainted  with 
ancient  than  modem  literature.  And,  as  in  every 
other  Spanish  settlement,  all  the  most  respect- 
able land  owners  are  residents  of  the  cities,  aud 
do  not  dwell  on  their  estates  in  the  country. 

When  Chili  was  conquered,  the  natives  who 
survived  the  war,  and  submitted  to  their  invaders, 
had  a  portion  of  land  allotted  to  them,  which 
was  called  the  Indian  pueblo,  or  town ;  all  the 
rest  was  parcelled  out  among  the  new  comera. 
There  was  in  almost  every  valley  a  puebio  of 
peaceful  and  submissive  Indians;  besides  these, 
there  were  throughout  the  country  many  Indiana 
held  as  slaves,  whose  descendants,  held  in  slavery 
at  this  time,  are  said  to  amount  to  about  fifty 
thousand.  The  mixture  with  those  of  the  Euro- 
pean race  in  and  about  the  Indian  towns  is  so 
general,  and  the  population  has  been  so, blended 
and  whitened  in  them,  that,  in  the  project  of  a 
constitution  presented  to  the  Congress  of  the  first 
period  of  the  Patriot  Government,  it  was  pro- 
posed to  consider  them  as  a  portion  of  the  people, 
entitled  to  all  the  privileges  of  citizens.  The 
huasos,  or  peasantry  of  the  country,  are  all  of 
this  mixed  class;  they  are  universally  illiterate 
and  indolent,  but  kind,  docile,  brave,  and  humane. 
Previous  to  the  arrival  of  the  Buenos  Ayres 
negro  auxiliaries,  there  were  not,  in  all  Chili,  one 
thousand  of  the  African  race,  bond  and  free.  By 
a  law  passed  during  the  first  epoch  of  the  Patriot 
Government,  the  children  of  all  slaves  bom  aAer 
that  date  were  declared  free  from  their  birth. 
This  law,  suspended  by  the  return  t>f  the  royal- 
ists, has  been  since  held  to  be  in  force.  Upon  the 
whole,  it  is  universally  admitted  that  the  popu- 
lation of  Chili  has  less  of  the  African  blackening, 
has  a  smaller  proportion  of  slaves,  and  is  alto- 

Sither  more  homogeneous,  than  any  other  of  all 
panish  America. 

But  the  order  and  arrangement  of  nature  in 
Chili,  according  to  some  plausible  theories,  is 
such  as  will  have  a  strong  tendency  to  inculcate 
that  animated  love  of  country  which,  in  its  legal 
and  ecclesiastical  institutions,  there  has  been 
manifested  so  much  anxiety  to  crush  and  destroy. 
Liberty  is  sometimes  called  a  mountain  nymfdi ; 
yet  mountainous  countries  have  been  often  en- 
slaved and  subjected  to  arbitrary  government. 
But  when  liberty  does,  in  such  countries  once 
obtain  a  habitation  and  a  name,  it  rises  and 
flourishes  with  more  vigor  than  in  most  others. 

There  is  an  inspiring  genius  in  the  mountain 
scenery  of  Greece,  which  prompted  its  aoctent 
owners  to  assign  a  guardian  divinity  to  reign 
over  the  grandeur  of  every  lofty  eminence,  and 


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AJBPSSNX. 


^10 


OMMlJKon  rf  iSbM«ft  Amerida. 


to  protect  the  Wamies  of  every  ralley.  They 
admired  and  rejoiced  over  the  gaf  diversitfee  of 
their  coontry,  atid  were  patriotic.  Switseriand 
presents  a  similar  scenery,  which  operates  so 
powerftilly  ia  hiodiog  the  affectioos  of  the  inhabi- 
taats  to  it,  that  the  Swiss  love  of  eouatry  is  not 
only  an  ardent  sentiment,  bat,  under  some  cir- 
tnrastanees,  a  proving^  inirmity.  In  ancient 
Rome,  the  aanoal  festival  of  the  terminalia 
ealled  the  proprietors,  enltivators,  and  peasantry 
to  the  fiekis  at  the  most  entivenine  season  of  the 
year  to  oi^r  saevifices  and  make  libations  to  the 
Bod  of  BoottdaiieS)  to  ask  a  Messing  on  the  fVnits 
of  the  earth,  aiMl  tomake  a  reifcioas  proeession- 
2ng  of  their  lande«  This  g$ff  festival  cherished 
the  social  feelings^  by  anticipating,  it  prevented 
controversy ;  and  it  filled  ana  warmed  tne  boeom 
with  an  ardent  love  of  eoontry.  Amidst  the 
ttoontaia  regions  of  Greece,  of  Switzerland,  and 
of  Chili,  DOttire  herself  leads  oat  the  inhabitants 
Of  eaeh  mley  to  an  anneal  tcvminalia.  The  monn- 
laio  boundary  is  gayly  decorated ;  the  streams 
poor  down  their  Jibations  on  the  fmits  of  the 
earth  y  they  ioorish  and  are  blessed ;  the  inhabi- 
tanfis  rejoioe  over  the  coming  abuikdanoe;  their 
lAotioBs  are  warmed,  and  thevare  thas  inspired 
ivhh  an  animating  love  fbr  their  eoontry.  An 
fnteltigent  civilian  of  Santiago  has  called  his 
eoontry  the  Switaerland  of  Amerion ;  it  is  so  in 
ieenery)  it  is  so  in  bravery;  and  wfaf  should 
there  not  he  William  Telb  among  Chilinos,  who 
wiU)  ere  long,  lead  the  mounthin  nymph  tri- 
•mphant  throogh  the  land,  and  rive  her  a  wel- 
oomie  and  a  homo  in  every  valley? 

Without  traveUhig  throogh  a  long  historical 
detail  of  eveote,  it  will  be  snfEicient  to  observe 
that,  in  Chili  as  ia  Bnenos  Ayres,  the  moving 
eaoees  of  the  revolution  were  not  the  oppressions 
of  the  Spanish  monarchy.  The  people  of  Chili 
were  not  first  awakened  by  persecutions  and  soi^ 
ftirings  to  a  sense  of  their  power  and  their  rights ; 
they  had  always  been  quiet  for  more  than  two 
eenturies  and  a  half.  The  united  vigilance  and 
eares  of  church  and  state  had  tamed  every  rest* 
lees  spiidt^  and  checked  every  wayward  thought. 
The  ralets  «n4  pastoraof  the  people  had  diligently 
Mmoved  every  hope  of  liberty,  and  passive  obo- 
dioneo  had  become  a  habh.  When  the  wars 
aoiaiii^  oat  of  the  French  revolution,  involving 
nod  disturbing  all  the  nations  of  Borope,  over- 
Wholmed  the  peninsula  of  Spain,  drovethe  ancient 
dynasty  ftom  the  throne,  produced  a  straggle  for 
ino  sceptre,  and  broke  loose  at  once  those  carious 
bonds  of  mere  prejudice  and  superstition  which 
Md  the  various  paru  of  that  great  monarchy 
together,  such  was  the  state  of  the  mother  country 
that  it  was  manifest  the  colonies  could  no  longer 
he  governed  as  formerly.  Bach  one,  consequently, 
h^gan  calmly  to  think  of  sel^govemment,  not 
as  o  matter  to  which  it  had  been  excited  and  per- 
aaeuted,  nor  in  a  spirit  of  rebeltion,  but  as  a  de- 
plorabloact  of  necessity,  in  obedience  to  a  md- 
aoeholy  fktality  which  had  rent  asnnder  the  sev 
end  parts  of  a  great  empire  that  had  been  untli 
then  so  quietly  and  haj^ly  nnited. 

Tho  Jonta  or  Congress  assembled  in  Chili  in 
15th  Con.  let  Sk88.-^70 


1810  was  much  influenced  by  this  view  of  the 
subject,  aad  by  a  strong  sentiment  in  favor  of  the 
mother  country.  But  there  were  many  men  in 
it,  and  in  the  country,  of  much  capacity  and  in- 
telligence, who  clearly  saw,  at  that  day,  that  the 
only  alternative  allowed  to  it  was  absolute  in^ 
pendence  or  colonial  despotism,  who  admired  the 
political  example  and  precepts  of  the  United. 
States,  and  who  regarded  that  as  the  favorable 
moment  for  giving  a  new  aad  improving  diree- 
tion  to  the  destinies  of  their  country,  which  onffht 
not,  for  a  moment,  to  be  lost.  At  the  head  of 
this  party  was  the  venerable  but  unfortunate 
Don  Ignacio  Carrera  and  his  sons.  There  wtfs 
another  party  who,  swayed  by  old  prejudices, 
were  disponed  to  compromise.  Don  Juan  Bffana, 
a  lawyer  of  eminence,  and  who  is  one  of  tfie 
commissioners  appointed  by  the  present  Director 
to  draught  a  constitution  for  Ihe  Suto,  was  of 
this  party.  Re  drew  up  a  projet  of  a  constiM- 
tion  in  the  year  1811,  and  submitted  It  to  th^ 
Congress  then  in  session,  who  ordered  it  to  beptt|p> 
lished  for  information  and  discussion.  In  thb 
projet,  which  asserts  that  Chili  should  have  a 
gfovemment  of  its  own,  ftoe  trade,  dbc,  the  ^a 
of  a  political  reunion  with  Spain,  and  the  other 
provinces  of  America,  when  oireumstanees  woulp 
adtoit,  is  provided  for  and  continually  held  out. 

Thas  the  minds  of  the  people  b^n  for  the 
first  time  to  be  awakened.  They  wens  thus  loo^ 
ing  around,  and  slowly  taking  a  survey  of  their 
eircumstances  and  their  interests,  when  civil  wat, 
with  all  its  fury,  rushed  into  their  country  alon| 
with  the  preparations  for  politioal  inquiry  ani 
diseussioo.  The  agitation  was  great }  the  people 
staggered,  changed,  and  faltered.  They  had  the 
courage,  but  not  having  the  information  and  the 
means  of  concert  at  once  to  assume  a  corred 
course  and  to  maintain  it,  they  were  distractedi 
divided,  and  beaten. 

The  party  now  In  power,  and  who,  it  wouli 
seem,  had  then,  as  now,  a  great  respect  for  tte 
British,  were  induced  by  the  Bnglish  Capmin 
Hillyar,  of  the  ship  of  war  Phosbe,  then  lyine  iiai 
Valparaiso,  to  compromise  with  the  royalutiik 
"But  who  would  boliev^**  says  the  present  D** 
rector,  in  his  manifesto  of  the  13th  of  Febraary, 
1818,  ^  that  in  a  crisis  as  fovorable  to  our  enters 
prises  as  melancholy  to  the  self-styied  national 
army,  the  capitulatiods  of  the  3d  of  May,  1014^ 
would  have  been  madel  It  is  necessair  to  ei^ 
plain  to  wipe  away  the  shame;  suffice  ft  lo  ro^ 
coUeet  that  it  was  ratified  by  our  Qovtramenl, 
guarantied  by  the  mediation  of  Comtnodore  Hill^ 
yar,  with  the  authorities  of  the  Viceroy  of  Pei«^ 
aeeepted  by  the  commander  of  the  troops  from 
Lima ;  oars  retired,  restored  to  the  enemv  the 
prisoners,  and  obliged  the  people  to  acknowledge 
the  peace  so  solemnly  published."  After  thus 
making  peace,  as  they  supposed,  with  the  enemy, 
they  were  attacked  anew  by  the  royal  or  national 
army,  and  on  the  2d  of  October,  1814,  entirely 
defeated  at  Rancagua.  The  remnant  of  the 
patriot  forces  fled  over  the  Andes,  where,  With 
other  Chilino  refugees  and  the  two  negro  regi- 
ments, and  the  oflicers  from  Buenos  Ayns,  tkiey 


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2211 


APPENDIX. 

OmUUm  tf  Smah  Jtmeriect. 


2212 


were  reorganised  under  the  name  of  tbe  united 
army  of  tne  Aodes,  re-entered  Chili,  vaQqaithed 
the  enemy  at  Chaeabnco,  and  thus  regained  their 
power.  In  June  laat  a  commissioner  arrived  in 
Santiago  from  Lima,  charged  with  a  proposition 
from  the  Viceroy  of  Pern  to  adjust  an  exchange 
of  prisoners  of  war ;  and,  on  inquiry,  it  was  found 
that  all  the  Chillno  prisoners  that  had  been  taken, 
by  the  royalists,  having  been  plaoed  upon  the 
iOand  of  Juan  Fernandez,  were  released  by  the 
patriots  after  the  battle  of  Chacabueo,  and,  con- 
sequently, that  there  were  now  few  or  none  in 
their  hands.  But  the  Patriot  Goremment  of 
Chili  had,  on  the  one  side  or  the  other  of  the 
Andes,  eight  thousand  of  the  royalists  prisoners 
of  war,  which  theT  were  willing  the  Buenos 
Ayree  authorities  snould  exchange  for  those  <tf 
the  United  Prorinees  in  the  possession  of  the 
Yieeroy.  No  cartel  of  exchange  was,  however, 
agreed  on,  owing  to  some  informal  or  contempt- 
«oo8  style  in  which  the  patriot  authorities  had 
1>een  addressed. 

This  short  statement  of  the  chief  causes  and 
course  of  the  Chilino  rerolution  will  be  further 
lUastrated  bv  the  declaration  of  the  present  Di- 
rector,  dated  on  the  1st  of  January,  1818,  (an- 
nexed, marked  D,)  and  by  that  of  the  12th  of 
February  following,  (annexed,  and  marked  B,) 
and  vHiich,  together  with  hb  manifesto  of  the  5th 
of  May  last,  will  famish  an  outline  of  the  course 
of  events  I  they  will  show  that  a  brave  people  are 
BOW  unanimously  resolved  on  independence  and 
liberty;  that  they  have  boldly  me^  vanquished, 
and  captured,  in  succession,  almost  everr  man  of 
two  well-appointed  veteran  armies  that  had  been 
sent  against  them,  leaving  none  of  either  to  re- 
turn upon  their  country;  and  that  4hey  have  de- 
termined to  adopt  the  representative  system  of 
government;  for,  in  the  proclamation  of  the  Ist 
of  January,  the  Director  declares  "  that  the  then 
aetujU  circumstances  of  the  war  would  not  allow 
of  the  convocation  of  a  Congress  f^  in  that  of  the 
18th  of  February  he  says,  ^  it  has  been  wished  to 
delay  the  calling  of  a  Congress,  so  difficult  to  be 
gathered  together  during  the  effervescence  of 
war!"  and  makes  a  solemn  pledge  that  a  Con- 
gress of  the  representatives  or  the  people  shall  be 
called  as  soon  as  circumstances  will  admit.  In 
lus  manifesto  of  the  5th  of  May  he  declares  that 
arrtngements  are  making  for  introducing  the 
xepresentative  system ;  that  a  committee  has  been 
appointed  to  draught  a  constitution  on  that  basts; 
and  he  has  issued  bis  edict  actually  making  the 
appointment.  All  which  are  acknowledgments 
and  proofs  (if,  indeed,  proofe  were  wantmg)  of 
the  anxious  and  unanimous  wishes  of  the  people, 
and  of  the  existence  of  a  design  somewhere  to 
pacify  or  elude  the  gratification  of  those  wishes. 
This  strong  and  general  popular  desire  to  have  a 
Congress  called,  thus,  under  various  pretexts, 
postponed,  parried,  or  evaded,  must  soon  prevail 
It  not  onlv  pervades  the  minds  of  the  citizens 

Kerally,  but,  since  the  victory  of  Maipu,  it  has 
un  to  spread  alonjr  all  tbe  ranks  of  the  Chili- 

^^  ?u ***®  •'"y-     "^  ^^^^  ^*'^^*^  ®^  invasion 
and  liberation  of  Peru  is  a  project  plausible  and 


popular  enough;  but  it  draws  off  the  attention  of 
none  from  the  great  object  of  having  a  Congrees 
at  home.  The  restraint  of  some,  the  banishment 
of  others,  and  even  the  destruction  of  one  of  the 
active  advocates  of  the  call  of  a  Congress,  hot 
rather  served  to  excite  and  irritate,  than  to  quiet 
the  minds  of  the  people.  A  Conipress  will,  ere 
long,  be  convened,  and  the  work  of  reformation 
then  really  be  commenced;  awkwardly  and  un- 
intelligibly at  first  no  doubt,  and,  perhaps,  muh 
sionately ;  but  the  revolution  will  move  on,  oAen 
checked  and  diverted  frotn  iu  best  course,  ns  all 
others  have  been,  by  the  working  off  of  the  per- 
nicious old  leaven  of  kingcraft  i^  priestcraft,  to 
the  attainment  of  much  ^km!  and  substantial  free- 
dom ultimately. 

The  movements  of  the  military  leaden,  uti 
the  position  in  which  (hey  have  left  the  [mtriot 
forces  under  their  command,  have,  in  the  jodj^ 
ment  of  some,  been  so  contrary  to  evervthingiiEe 
military  skiU,  zealously  directed  for  the  f^  rf 
the  eause,  as  to  cast  a  shade  of  obeourity  oad 
mystery  over  all  the  afiairs  of  state.  Tbe  saoM 
observations  are  made  on  this  subject  in  Boenoc 
Ayres  as  in  Chili.  Why,  it  is  asked,  are  not  the 
militia  of  the  high  provinces  attached  to  the 
Union,  and  who  are  so  extremely  zealous  im  the 
cause,  furnished  with  arms?  It  is  said  thatt^ 
gauchos,  under  the  command  of  Guemez^  are 
more  than  a  match  for  all  the  guerrilla  parties  of 
the  royalists  in  that  quarter;  and.  olso^  that  the 
people  of  Potosi,  Chu<)uisaca,and  their  neighbov- 
hood,  are  resolved  on  independency  and  freedoai. 
If  so,  it  is  asked,  why  are  not  Belgrano  and  Chie* 
mez  ordered  to  press  forward  to  Peru,  and  leave 
arms  with  the  people  in  their  rear  to  protect 
themselves  in  case  of  need,  Instead  of  remaining 
so  long  stationary  near  Salta  ?  Wh]r  is  an  army 
of  twenty-five  hundred  men,  principally  freed 
negroes,  left  in  the  city  of  Buenos  Ayres,  when 
no  enemy  threatens  it,  and  only  three  thousand 
sent  under  Belgrano  to  the  frontiers  to  face  the 
national  foe  7  Why  not  arm  the  militia  of  the 
capital  and  its  vicinity  for  its  temporarjr  defencei 
in  a  moment  of  emergency,  such  as  that  of  the 
late  atuck  of  the  English,  and  send  tbe  regalnr 
forces  to  the  frontier  T  In  Chili  similar  obecrvft* 
tion^  and  inquiries  are  made.  Almost  immedir 
ately  after  the  battle  of  Chacobuca  San  Martin, 
the  Commander-in-Chie^ instead  of^ pursuing  the 
enem)r  to  the  walls  of  Conception,  and  closeif 
investing  him  there,  if  no  more  could  be  donci  or 
of  instantly  and  vigorously  pursuing  the  royal 
forces  in  every  direction,  and  of  desuoying  the 
adhesions  to  the  old  system  wherever  to  be  foan4i 
left  the  army  in  Santiago,  and  went  over  to  Bocp 
nos  Ayres,  and  staid  there  so  long  that,  when  he 
returned,  the  royal  forces  were  recruited  and  pie- 
pared  for  the  siege  which  he  then  laid  to  tbe  city 
of  Conception.  The  battle  of  Maipu  was  foiwkt 
on  the  firth  of  April ;  and,  about  ten  days  otSsi^ 
instead  of  leading  tbe  veteran  African  auxilioriea 
of  Buenos  Ayres,  with  the  brave  Coqoimbos  and 
Aconca^uas,  instantly  towards  Conception,  and 
laying  siege  to  it,  cutting  off  all  i|s  supplies,  the 
Aconcaguos  were  sent  home,  the  Coquimboa  to 


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APPENDIX. 


2214 


CondiHon  of  South  Anmca. 


the  nei^borhood  of  Penco,  %nd  the  negro  regi- 
ments quartered  in  Santitgo,  while  San  Martin 
again  made  a  yisit  to  Buenos  Ayres,  where  he 
still  remained  in  the  middle  of  July  last,  concert- 
ing measures,  according  to  some  reports,  for  the 
invasion  of  Peru. 

It  Is  said  that  this  invasion  can  only  be  made 
with  ceruinty  of  success  by  sea,  and  that  ships- 
of-war  and  transports  must  be  procured  for  the 
purpose.  The  chiefs  say  that,  in  the  bustle  and 
efferveseence  of  warlike  preparations  and  efforts, 
the  representative  system,  and  the  excellent  po- 
litical institutions  they  intend  givinff  to  Chili, 
cannot  be  adjusted  on  a  correct  arm  basis;  andj 
therefore,  this  great  work  must  be  postponed 
until  the  patriot  forces  have  taken  possession  of 
Lima.  On  the  other  hand,  distinct  intimations 
are  heard  among  the  people  of  Chili,  that^  while 
the  militarv  chiefs  are  celebrating  their  triumphs 
in  Lima,  they  will  occupy  themselves  in  found- 
ing the  representative  system  of  government  for 
their  country.  Not  more  than  one-third  of  the 
population  cNT  Peru  are  whites  of  unmixed  blood ; 
a  great  majority  of  them  are,  however,  ripe  for 
rev^utioo,  and  desirous  to  throw  off  the  colonial 
yoke ;  but  the  other  two-thirds  are  negroes  and 
mulattoes,  bond  and  free;  many  of  whom  are 
wealthy,  and  have  been  as  well  instructed  and 
educated  as  the  whites.  Hence  the  whites,  friend- 
ly to  a  revolution,  are  afraid,  alone,  to  make  the 
least  efibrt  for  emancipation,  lest  they  should  kin- 
dle the  latent  flame  of  a  servile  war.  They  are, 
therefore,  it  is  said,  determhied  to  wait  the  arri- 
val of  the  forces  of  their  brethren  of  the  South 
or  the  East,  who  may  be  ready  to  extinguish  the 
dreaded  flame^  should  it  break  out. 

Whether  the  movemenu  of  the  military  lead- 
ers are  the  result  of  mere  ignorance  or  imbecility. 
Off  whether  they  are  made  with  a  design  to  pro- 
crastinate the  war,  so  as  to  continue  a  pretext  for 
holding  the  country,  by  means  of  the  army  under 
their  control  and  with  a  design  to  crush  the  ris- 
ing spirit  of  republicanism,  which  accumulates 
and  gathers  strength  with  the  progress  of  inde- 
nendence,  is  not  positively  known;  but  some 
Wrniuff  jealousies  have  been  lighted  up  on  both 
aides  of  the  Andes.  What  will  be  the  conse- 
quence when  the  patriot  forces  shall  plant  the 
standard  of  independence  in  the  Plaza  of  Lima, 
is  also  probleoAatical;  it  would  evidently  contri- 
bute to  the  final  and  secure  establishment  of  the 
independence  of  Buenos  Ayres  as  well  as  Chili, 
to  expel  all  royal  authority  from  Lima.  But 
when  a  military  leader  from  Buenos  Ayres  or 
Chili  shall  make  himself  master  of  Lima,  what 
will  then  bo  the  consequence  to  Peru  itself;  and 
what  may,  in  a  short  time,  be  the  nature  of  the 
rtaetioB  mm  thence  on  Buenos  Ayres  and  Chili. 
of  such  a  chief  established  there,  and  believed 
there  to  be  necessary  to  prevent  the  flames  of  a 
servile  war  from  bursting  out,  are  questions  which 
time  alone  can  solve. 

■  The  eolonial  government  of  Chili,  like  that  t>f 
all  the  other  Spanish  provinces,  was  a  simple 
unqualified  di^tism,  in  which  the  people  had 
aeither  voice  not  influence  such  as  I  have  de- 


scribed that  of  Buenos  Ayres  to  have  been.  Don 
Bernardo  CHigeins  tells  us,  in  his  manifesto  of 
the  5th  of  May  last,  that,  after  the  expulsion  of 
the  royalists,  "  the  first  step  was  to  nominate  a 
person  who  might  be  charged  with  the  executive 
government  in  circumstances  so  difficult;  that 
the  capital  of  Santiago  called  him  to  that  station 
by  the  universal  acclamation  of  its  inhabitants: 
and  that  that  voice  had  been  uniformly  followed 
by  the  provinces  and  the  people  of  the  State; 
that  he  entered  on  the  administration,  and  al- 
readjr  knew  that  it  is  only  by  a  vigorous  and  en- 
ergetic government  that  tranquilTitjr  nnd  order 
can  be  maintained,  and  the  public  mind  prepared 
to  receive  convenient  institutions."  Whether  his 
Excellency  was  called  to  the  supremacy  of  the 
Sute  by  the  people  of  the  capital,  or  of  Chili,  In 
reality,  or  by  the  Buenos  Ayres  chiefs  of  the 
army,  I  shall  leave  others  to  determine;  but  cer- 
tain it  is  that  the  much  more  loud  call  of  the 
people  latterly  for  a  Congress  does  not  appear  to 
have  been  so  distinctly  heard,  or  it  has  not  been 
so  willingly  attended  to.  The  Supreme  Director 
O'Higgins  has  taken  possession  of  the  palace  of 
the  ex-vice-king,  which  he  has  now  g[uarded 

Srincipalljr  by  the  Buenos  Ayres  negro  regiments, 
'inding  himself  invested  with  all  (he  powers  of 
a  vice-king,  without  the  control  of  a  toy!  mas- 
ter, he  uses  his  authority  accordingly,  sad  the 
€k>vemment  of  Chili  is,  in  other  respeets,  organ- 
ized as  it  was  under  the  colonial  system. 

Upon  the  whole,  when  I  reflect  upon  the  eir- 
cumstances  and  state  of  things  in  ChiK;  a  mil- 
lion or  more  of  agrriculturists  gathered  into  the 
small  compass  of  its  delightful  valleys;  a  popu- 
lation so  homogeneous  as  to  leave  no  ground 
even  to  suspect  the  existence  of  any  latent  cause 
of  civil  feud  or  servile  war ;  a  people  extremely 
ignorant,  but,  like  all  villages  of  amcultarists^ 
easily  instructed  and  susceptible  of  rapid  im- 
provement; secure  a^nong  mountains,  and  far 
remote  from  the  contending  potentates  ot  modem 
times,  yet  seated  immediately  along  the  margin 
of  the  ocean ;  a  country  that  has  hitherto  been 
debarred  of  all  the  benents  of  foreign  intercourse, 
but  which,  from  the  nature  of  iu  productions^ 
will  command  a  choice  of  commerce;  I  am 
strongly  impressed  with  a  belief  that  the  day  is 
not  distant  when  she  will,  in  spite  of  faction  and 
craft,  and  the  occasional  risings  of  the  leaven  of 
her  late  institutions,  be  admired  and  respected  bf 
the  nations  of  the  earth  as  another  of  the  flrmlf 
established  Republics  of  our  continent ;  when  sha 
will  stand,  like  another  young  Minerva,  with  her 
back  against  a  wall— that  wall  the  mignty  snow* 
capped  Cordilleras  of  the  Andes— looking  with 
mud  composure  upon  an  ocean  which  presents  to 
her  a  new  world  of  commerce,  which  will  be 
navigated  by  no  rival,  which  is  too  distant  for 
the  hostilities  of  the  anffry  nations  of  Europe  to 
reach,  and  whose  placiu  surface  is  seldom  visited 
by  a  storm.  Thus  stationed,  she  will  be  only 
accessible  by  way  of  her  hiffh  brown  coast,  nei- 
ther fearing  nor  being  feared  by  foreign  nations, 
making  all  welcome  to  her  bold  shores,  and  pour- 
ing out  her  abundance  and  her  riches  to  all  who 


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OnAMotK/Stwl^ 


'■nut  aad  smIc  u>  obl^iA  Umib  by  the  JQst  aad 
ytftoefol  ways  of  fair  tomoierta. 

I  have  so  far  eonfined  mr  inqiiiries  to  Chili 
itself;  and  the  interest  which  the  United  States 
have  ia  its  independence  and  freedom  appear  to 
W.io  themselTes  soffieiently  iaportaa4  to  attract 
the  aerious  attention  of  oar  coantry.  The  sulMect, 
bowefer,  enlarges  as  we  approach,  and  there 
opene  before  ns  an  estensiva  and  fruitfai  field,  not 
eonfiaed  to  Chili  alone,  yet  evidently  connected 
with  it.  The  Aree  access  to  that  great  bread 
coantry  of  the  other  hemisphere  laya  open  ohan- 
ads  of  trade  Mtherto  closea  against  as,  and  cher- 
Miea  and  sustains  erery  other  branch  of  all  onr 
yiehf  profitable,  and  increasing  oommeroe  of  the 
Paemo,  which  heretofore  encountered  so  many 
ativations  and  perils.  I  shall  take  the  liberty  naera* 
Iv  to  make  a  sketeh  of  those  braaehet  of  trad&  and 
their  probable  yalae,  which  must  iBevitably  be 
aiUief  opeaed,  oherished,  or  eakr^,  in  oonse- 
taeaee  of  the  independeace  of  Chili,  leaving  it 
la  others  who  ara  mare  fallT  informed  lo  deier- 
mmaoQ  the  eonrectaess  of  the  facts  and  ciream- 
Maeea  I  shall  relate,  and  to  say  what  will  be 
Ilia  new  siata  of  thiags  most  likdy  to  arisa  oat  of 


1  have  eadeaTored  lo  give  aa  idea  of  the 
maf  fraitfalaeas  of  the  valleys  of  Chili  in  wheat. 
I  did  SO)  be oaoaa  I  was  impreased  with  tJie  belief 
thai  its  gf aia-fielda  are  now  destined  to  become 
the  meana  of  iu  happiest  improvcoiaat,  its  oMst 
rapid  proeperity,  ejMl  its  inexhaustible  aoarcea  of 
wealth.  ChiU  is  new,  and  most,  from  the  nature 
of  things,  eontiaae  to  be»  the  great  gmiMiry  of  all 
the  oeiin  tries  fronting  on  the  shores  of  the  Faci- 
le aad  South  Atlantic  ocean  of  this  continent. 
Ia  this  supply  it  can  have  ao  rival  i  and  now  that 
Ida  doors  of  its  commerce  are  thrown  open,  the 
demaad  for  Chili  grain  haa  already  so  extended 
thai  the  price  has  risen,  notwithstaading  ita  old 
aaloaiai  market  has  beea^  and  will,  for  a  while 
longer,  be  eatirely  shut  upw  None  of  the  tropi- 
Oil  rciBiona  of  America,  either  on  the  Atlaatic 
or  Pioifio  shores^  produce  wheat,  or  iadeed  any 
bread  atafi^  ia  aumsient  abundance  for  tk^r  in* 
habitants^ 

bn  Pfaail,  there  is  no  wheat  cultivated,  not  ia 
there  aaypartioQQfit.< 


I  suited 


la  itagrowthf  exoent  it  be  the  plains  oa  the  Rio 
Qraa4a4e  San  Pedro,  immediately  bordering  on 
the  Baada  Qrieatal,  to  which  it  is  similar  ia  ita  na* 
iMSbaod  at  preaeot  is,  like  it^  applied  solely  to  the 
Mrooseaofgraiing.  All  the  iresb  beef  preaeaied 
la  ihamaahH  of  the  city  of  Rio  Janeiro  at  thia 
tiiaa  18  drawn  Aom  Rio  Orandt.  The  Porta- 
gtitae  aakie  that  part  of  their  Biazilian  territory 
Tory  muck  oaaeeaantof  itafuraiahiag  an  abun* 
daol  aad  oheap  supply  of  jerked  aod  firesh  beef 
to  those  other  portioos  af  it  which,  as  they  ooa- 
eaive,  are  aoamob  more  profilably  employed  in 
laariog  the  tropical. prodootions  of  coOee,  sugar, 
ooaoa,  and  the  like.  It  is  not  likely,  therefore, 
ml  whaat  wjUl  soon  be  cultivated  for  sale  in  any 
Mf t  of  Brazil ;  it  mast,  conaequently,  be  supplied 
nom  abroad.  Heretofore,  it  has  procured  some 
w«»  the  United  States,  and  froto  the  Blediterra- 


neaa,  as  far  as  Qdeasa  or  Ocaakoa^  om  the  SUhd- 
ine;  but  latterly  there  have  been  aareral  Aiaerii> 
can  and  English  ships  laden  with  wheat  at  Yal»> 
paraiso  for  Hto  Janeiro,  which  yielded  a  good 
profit.  Brasil  may,  therefore,  be  ooaaiderad  as 
one  of  the  statadinff  markets  for  Chili  wheat* 

I  have  described  the  pampas  of  Buenas  Ayrea, 
and,  from  all  I  could  learn  o£  the  aettial  azper^ 
ments  that  have  been  made  on  them,  I  cannot 
believetheir  grain  preductioaa  will  aoon  be  brooght 
to  rival  those  of  Chili  anywhere ;  on  the  contra- 
ry, the  popuktion  on  taa  ahores  of  tha  riVar 
Plata  have,  of  lata,  received  oceaaional  suppKea 
from  Chili ;  aad  tha  Bai^a  Orieatal  aecma,  also^ 
from  the  charaetec  and  sitwition  of  ita  preeent 
ownera,  to  be  deatined  to  eontiane  as  pasture 
grouads  for  soma  ages  to  coma.  As  a  proof  of 
the  ezteat  aad  Talue  of  the  market  on  the  conac 
of  the  South  Atlaotic«  wheat  was  at  a  highar 
mice,  under  all  the  eaahanassmeata  of  tracfi  ia 
Valpaiatao,  io  July  laal,  witk  theaa  new  markate 
only  open,  than  it  ever  was  under  tha  eolonial 
system,  when  the  tmde  of  Ohiii  was  coniae^ 
eatirely  to  PeiQ. 

But  the  great,  constant,  aad  iaereaaing  damaod 
for  Chili  wheat  i»  to  be  found  on  ibe  ahoraa  of 
the  Pacific.  At  present,  there  is  no  island  ia  tfaa 
aorth  or  soath  of  all  that  great  ocean,  nar  amy 
civilised  settlement  oa  the  shores  of  tha  eontt* 
nent,  which  either  cultivates  or  ia  suited  to  tha 
growth  of  wheat,  other  than  Chili.  Caltfomja. 
It  is  said,  will  oae  day  be  a  grain  couatry,  and  I 
have  understaod  that  small  qaamities  have  been 
purchased  there  by  some  of  our  aarthwcst-eoaac 
traders.  But  it  will  be  uoaeeasaarv  to  inquiia 
into  the  ability  of  California  to  rival  Chili  aay«» 
where,  until  it  ahall  ba  settled,  eivtliaed,  aad  eul- 
tivafeo.  Uader  present  oireumstaaces.  arhiah  aaa 
not  likely  to  be  altered  by  any  rerolutioa  now  m 
agitation,  or  that  may  probably  soon  lafce  plana, 
it  may  be  ooafideatly  asserted,  therefore,  that  tha 
whole  of  the  settlements  on  the  coaat  of  the  Paei- 
fie,  from  Acapulco  to  CobUa,  are  entirely  da« 
pendent  upon  Clhili  for  bread ;  aod  that  they  doL 
in  almoat  all  resj^ots,  aa  regards  suppltea  of 
bread  and  neeesaat les,  siand  in  the  same  ielado« 
to  Chili  that  the  West  ladies  do  to  the  XJnitad 
Smtes.  Although  the  table  kada  near  the  eity 
of  MtzioQ  psodiiee  as  abandantly  and  aa  fiui|a 
grain  as  any  in.  the  world,  yet,  bwtag  to  tha  d^ 
tanee  and  the  ruaNdntta  of  tha  way,  flour  im 
sent  oheaper  from  BaKimara  than  fram  Mesioo 
to  Yera  Uruz;.aad,  for  the  same  reason  precaaely 
Acapulo^  can  be  supplied  with  floac  from  Valpi^ 
raiao  cheaper  than  from  the  pkiaa  of  Meaieou 
But  the  eKistii«  state  of  things  has  foraished 
conclusive  prooTof  tha  eorree«aess  of  thk  staaa» 
meat,.  The  last  crop  of  gfaia,  just  before  har» 
vest,  in  the  territory  of  Peaeo^and  in  thena^Brh-^ 
borhoad  of  the  city  of  Conception^  was  kid  waaia 
for  the  purpose  of  catting  c^  the  supplies  from 
the  royal  army.  No  wheat  was,  therefore,  ex* 
ported  from  Taleahuaaa,  and  the  war  eompletdf 
oloaed  all  eommunicatioo  between  the  patriot 
portion  of  Chili  and  Peru«  In  qptiaequeoea  of 
which,  wheat,  whichcould  in  Jum  laat  be  put  oa 


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APPENDIX. 


2218 


OmdiHon  of  Sotiik  Awtmiea. 


boftrd  a  Teasel  ia  the  harbor  of  ValfNiraiso  for  two 
dollars  the  hmejgt^f  (seven ty-ive  ceots  the  bushel,) 
had  risen  ia  Lima,  at  the  same  time,  to  the  enor- 
mons  price  of  twesly-fiTe  dollars  the  fanega,  (ten 
dollars  the  bushd,)  and  was  eren  searce  at  that 
price.  Therefore,  whatever  may  hereafter  be  the 
conditien  of  Pern,  whether  independent  or  colo- 
nial, this  grain  trade  with  Chili  most  be  open, 
and  accomalate  its  resources  to  the  benefit  of  for* 
etgners,  or,  what  is  most  likely,  be  carried  on  by 
^em;  beoiase  Chilly  as  was  admitted  by  the 
Director  himself,  has  sot,  at  present  a  single 
seaman  of  its  awn.  The  returns  for  Cnili  wheat 
will  be.  as  under  the  colonial  system,  made  in 
wpecie,  oeeause  Pern  has  nothing  else  with  which 
it  can  pay  for  what  it  wantSj  over  and  abeve  the 
aupplj  of  Chili  in  sngar,  coffee^  dbc. 

But  the  inevitable  coaseqaenoe  of  allowing 
this  necessarv  partial  opening  of  the  ports  of  the 
Pacific  for  the  admission  of  breadst«ffs  will  be, 
that  a  very  |;reat  proportion  of  the  precioos  metals 
will  make  lis  way  oat,  through  them,  from  every 
fart  ef  the  rich  mine  districts  of  the  Andes  to  the 
northward  of  Chili ;  and  it  seems  to  be  in  the 
aataral  course  of  thinm  that  the  precioos  metals 
aztracted  from  Pern- Alto,  or  most  of  the  high 
provinces  of  Buenos  Ayres,  should  also  take  a 
4irectioQ  to  the  pons  of  the  Pacific,  if  not  alto- 
gether, at  least  in  as  grcmt  a  inroportioo  as  hereto- 
lore.     The  port  of  Artca,  situated  about  three 
linndrod  miles  to  the  sootli  of  Lima,  was  a  place 
of  some  importanee,  and  much  freqoented,  under 
the  colonial  sysum.    It  was  from  the  wonderful 
tah  mnies  ia  the  neighboriiood  of  Arica  whence 
aoA  of  the  settkoMats  along  the  eoast  were  sap- 
plied.    The  salt  ia  cut  in  large  Mocks  of  about 
one  or  two  handred  pounds  weight  and  thus 
brought  to  the  city  for  eaporlatioa.    I  have  seen 
mules  laden  with  these  Uoeks  of  salt  in  Valna- 
laieo,  going  into  the  interton    Arica  was  also 
vififed  for  tbe  specie,  from  the  rich  mines  of  Po- 
«oei  a«d  its  arnhborhood,  which  found  its  way 
from  thenee*    The  povt  of  Cobiia.  situated  about 
thtee  hunired  mflee  south  of  Arica,  on  tlie  Rio 
8alado,aad  two  hundred  and  sixty  miles  beyond 
tbe  river  of  the  same  nam^  which  Is  the  northern 
boundary  of  Chili,  wan  also  remarkable  as  an- 
other of  the  ports  whence  some  of  the  precious 
metals  of  the  mines  to  the  eastward  of  it  cot 
abroad*     Coaunefoe  aacarally  and   inevitably 
aedu  and  adopts  its  beet  incereste  and  greatest 
•onvenlence%  unless  dragged  away  from  them  by 
a  master  as  inconsiderate  and  arbitiary  as  a  Span- 
ish Viaeroy.    It  is^  therefore,  reasonable  to  pre- 
aume  that  the  commerce  of  rotosi,  and  the  pro- 
vinces round  it,  will,  under  any  future  peaeefal 
condition  of  them,  be  eaieved  to  fallow  as  much 
ar  rather  aoore  of  their  awn  interests  than  they 
have  done  heretofore;  if  so,  a  view  of  their  geo- 
graphical situation  will  dearly  show  in  what 
direetion  tboee  interests  will  lead. 

The  distance  from  the  port  of  Arica  to  the  city 
of  Potoei  is  one  hundred  aad  twenty  miles  | 
thence  to  La  Plata  or  Chuquisaca  it  is  My  miles 
farther;  but,  from  Poieci  to  Jajuy,  on  the  direct 
voad  to  Boenoa  Ayns,  the  diaeaaee  ia  four  hnn* 


dred  and  forty-eeven  miles ;  and  thence,  by  a  cart 
road,  to  the  city  of  Buenos  Ayres,  it  is  iwdrt 
hundred  miles  £irtfaer.  From  the  port  of  Arica 
to  the  city  of  Catagayta,  one  of  the  principal 
cities  of  Chicas,  a  rich  mining  province,  still 
farther  south  than  Potosi,  it  is  one  hundred  and 
ninety-two  mites;  and  theaoe  to  Jujuy  it  b  two 
hundred  and  fifty^-five  miles.  And  again,  from 
the  port  of  Cobija  to  Potoei  is  only  two  hundred 
and  fifty  miles ;  and  from  the  same  port  to  Catn^ 
gayta  it  is  two  hundred  and  twenty  miles  fimher. 
It  muet  be  recollected,  however,  that  all  the  roads 
of  the  country  of  which  I  am  speaking,  fVom  the 
seacoast  as  Ihr  east  as  the  city  oif  Jujuy,  are  oaff 
practicable  for  mules ;  but  they  are,  by  every  one, 
allowed  to  be  as  ffood  from  the  coast  to  mod, 
and  the  other  middle  valleys  of  the  Anden,  ta 
they  are  thence  to  Jujuy  at  the  eastern  foot  af 
them.  Hence,  it  will  appear  that  the  natund  and 
most  convenient  ports,  for  almost  all  the  rich  and 
rugged  provinces  lying  amoag  the  monntainf, 
are  those  on  the  eeast  of  the  Pacific 

Supposing,  thea,  that  the  precions  melais,  aild 
the  foreign  commerce  of  tbe  high  provinces  of 
Peru-Alto  be  directed  toward  Arica  and  Cobija, 
and  all  the  coast  to  have  a  uade  parilallv  open, 
which  it  mast  have  to  Chili  at  least,  the  beneita 
of  that  trade  will  be  so  much  in  addition  ^  nc- 
cumulation  of  that  flowing  directly  flnem  ChSi 
alone.  What  may  be  the  amount  of  the  advan- 
tages likely  thus  to  arise  to  the  United  Slates,  I 
have  been  able  te  collect  no  data  which  would 
enable  me  to  imm  an  tttlmate  founded  en  l»cts; 
but  I  should  suppose  that,  on  oomparing  it  with 
the  other  branehes  of  commerce  connected  with 
Chili,  and  the  probable  valae  of  a  trade  entirelf 
opea  and  free  to  all  that  rich  ooast,  it  woald  net 
be  deefiMd  extravagant  to  estimate  it  as  VMf  to 
yield  profits  amounting  to  somewhere  about  one 
million  of  dollars  per  annum. 

Oar  countrymen  have,  for  some  time  past,  car- 
ried on  a  very  extensive  commetee  over  the  PA- 
cific  ocean,  that  has  been  no  less  creditable  to 
their  bold  spirit  of  enterprise  than  lucrative  to 
themselves  and  beneficial  to  dteir  cotmtry.  I 
allude  to  that  which  has  been  fished  up  outnf 
the  ocean  itself;  which  has  been  gathered  from 
the  various  groups  of  islands  scattered  over  it 
f^om  soath  to  north;  and,  abo,  that  which  ht? 
been  derived  from  trending  along  the  coast  of  onr 
continent,  from  Cape  St.  Lucas,  the  extreme 
southern  promontory  of  the  peninsula  of  CaiifiM- 
nia,  north,  through  the  great  inlet^  called  Lynn 
canal,  to  its  bottom,  in  tne  Mty-ninth  d^f^ree  of 
north  latitude.  The  hardy  adventurers  in  this 
branch  of  commerce  have  gone  forth  from  their 
country,  have  almost  cireumnavinted  the  world, 
and  have  bid  defiance  to  the  perns  of  the  ocean 
in  all  the  various  latitudes  of  storms  aad  cdms, 
of  the  frozen  zone,  and  under  the  fierce  raya  of  a 
vertical  sun.  They  have  sufiered  privations  and 
encountered  difficoities  of  every  sort,  and  have 
nowhere  found  friendship  and  succor;  they  hate 
never  been  cheered  by  the  protecting  wave  tf 
their  country's  fla^.  Skill,  courage,  and  forti- 
tude, have  been  their  only  resonrces.  But  a  mote 

Digitized  by  VjOO^ 


2219 


APPENDIX. 


2229 


Condiium  pf  SmOh  America, 


Sropitioas  time  seems  to  have  arriTed.  Imme- 
lately  in  front  of  the  moantain  coast  of  Chili 
is  the  great  whale  fishery  of  the  Pacific,  which 
has  been  so  profitably  pursued  by  the  citizens 
of  the  Uniteu  States.  There  are  engaged  in 
this  business,  annuaUv,  about  fifteen  or  twenty 
American  ships.  All  their  stores  and  provisions, 
as  well  as  implements  and  such  outfits,  they  have 
hitherto  been  obliged  to  take  from  home,  and  to 
rely  altogether  on  their  own  resources  for  com- 
pleting their  cargo,  without  the  least  protection 
or  succor  from  any  quarter  whatever^  except  what 
their  derived  from  a  covert  and  hazardous  trade 
with  the  Spanish  provinces  on  the  coast,  with  a 
few  select  articles  brought  for  the  purpose  of  thus 
procuring  refreshment  and  necessaries  as  oppor- 
tunities offered.  But  the  sufierings,  hardships, 
and  losses  they  have  sustained  at  such  an  im- 
mense distance  from  home,  for  the  want  of  some 
friendly  port  of  a  civilized  nation  which  they 
could  enter  and  procure  supplies,  have  been  ex- 
ceedinffly  great,  and  by  no  means  unfrequenft. 
The  advantages  and  conveniences  to  this  branch 
of  trade  of  the  open  free  ports  of  such  a  country 
as  Chili  are  obviously  prodigious.  These  ships 
gather  their  valuable  cargoes  from  the  ocean,  in 
cruising  along  the  American  coast,  having  it  often 
in  sight,  between  the  latitudes  of  the  island  of 
Chiloe  and  that  of  the  bay  of  Panama ;  and,  when 
it  is  completed,  they  most  usually  return  direct 
home,  bv  the  way  of  Cape  Horn.  The  aggregate 
value  or  this  branch  of  trade  may  be  estimated 
at  one  million  of  dollars  per  annum. 

The  shores  of  the  numerous  islands  of  the  great 
North  and  South  Pacific  oceans  are  very  fre- 
quently found  to  be  swarming  with  one  or  other 
of  the.  various  species  of  phoea  or  seals  or  sea 
dogs,  whose  skins  find  a  ready  sale  in  India ;  and 
most  of  those  islands  that  lie  near  and  within  the 
tropics  have  considerable  forests  of  sandal-wood, 
which  is  so  highly  valued  by  the  Chinese,  either 
from  the  delightful  odor  of  the  sap  extracted 
from  it,  or  from  its  being  held  by  them  to  be  an 
accepuble  burnt-offering  to  their  gods.  There 
are  on  an  average  not  less  in  each  year  than  five 
American  ships,  of  from  two  to  three  hundred 
tons,  that  make  a  cruise  among  these  various  isl- 
ands for  the  purpose  of  collecting  a  cargo  of  seal- 
skins and  sandal-wood  for  the  China  market. 
These  ships  require  to  be  armed,  well  manned, 
and  found ;  but  their  valuable  cargoes  are  pickea 
up  with  almost  nothing,  the  amount  which  they 
carry  to  barter  with  the  natives  is  so  very  trifling. 
These  ships,  when  outward  bound,  always  pass 
directljr  by  Chili,  and  would  find  great  advantage 
in  havinff  its  ports  open  to  them  for  outward 
freight,  tor  supplies,  and  for  protection*  The 
cargoes  of  these  vesseb,  I  have  been  assured,  may 
,  be  safely  estimated  as  being  worth  in  China  sixty 
thousand  dollars  each. 

The  coast  of  our  continent,  from  the  southern 
point  of  California  to  the  bajr  or  river  St.  Fran- 
cisco, is  claimed  by  the  Spaniards,  and  they  have 
some  small  parcels  of  civilized  population  strewed 
all  along  it,  by  which  they  hold  possession,  and 
exereiBc  a  kind  of  jurisdiction  by  means  of  some 


few  soldiers  and  a  priest  at  each  residio  or  sta* 
tion.  The  holy  father,  in  proportion  as  he  has 
been  successful  in  obtaining  an  influence  over  the 
savages,  or  in  converting  them  to  the  true  faith, 
governs  them,  and  takes  into  his  keeping  as  well 
their  temporal  as  spiritual  concerns,  liiere  are 
not  less  than  four  ships  from  the  United  States 
that,  in  each  year,  make  trading  voyages  along 
this  coast,  and  carry  on  a  barter  with  the  inde- 
pendent tribes^ or  through  the  agency  of  the  priest 
at  each  presidio,  with  whom  they  trade  for  such 
articles  as  he  himself  wants,  or  maybe  necessary 
for  the  soldiers  of  the  station,  if  there  be  any,  or 
as  his  flock,  the  nativeay  may  fancy,  in  exchange 
for  land  and  sea  ptter  skins  and  other  furs.  These 
ships  might,  in  inany  respects,  be  very  advaft- 
tageously  sujiplied  on  their  outward  voyage  from 
the  ports  of  Chili,  which  are  directly  in  their 
way.  Their  cargoes  are  esti  mated  as  worth  about 
eighty  thousand  dollars  each  in  China. 

Along  the  coast  of  the  continent,  to  the  north 
of  St.  Francisco,  is  carried  on  that  commerce 
entirely  with  the  natives  of  the  country,  whick 
is  usually  and  properly  called  the  trade  of  the 
northwest  coast.  To  the  northward  of  Colum- 
bia river  there  are  numerous  bays  and  rivers  of 
very  great  extent.  It  is  on  the  shores  of  these 
bays  that  our  navigators  most  usually  carry  on 
their  trade ;  and  which  are  collectively  called  the 
inner  coast,  in  contradistinction  to  that  fronting 
on  the  ocean  itself,  and  a  great  part  of  which  the 
Russians  claim  as  appertaining  to  their  settle- 
ment at  Sitka  or  Norfolk  Sound.  There  are  not 
less  on  an  averase  than  fourteen  ships,  of  from 
two  to  three  hundred  tons,  that  go  every  year  on 
a  trading  voyage  to  the  nortliwest  coast.  Amonjg 
the  articles  which  they  have  for  carryiaff  on  thmi 
barter  on  the  coast,  is  hard  bread,  of  which  it  is 
calculated  they  altogether  take  about  four  hun- 
dred tons.  This  article  could  be  had  in  Chili  for 
less  than  its  freight  there  from  the  United  Slates 
would  amount  to.  These  ships  pass  directly 
alonff  the  coast  of  Chili,  and  might  be  very  ma- 
terially aided  in  other  respects,  as  well  as  pro- 
tected, from  its  ports.  The  aggregate  worth  of 
the  cargoes  of  the  northwest  traders  in  China  is 
estimated  at  about  one  million  of  dollars. 

I  have  given  the  computed  value  of  these  last 
three  branches  of  trade  from  the  United  States 
to  the  Pacific*  in  China,  because  they  all  go  oat 
by  the  way  oi  Cape  Horn,  and  make  a  circuit, 
by  the  way  of  China,  home.  A  capital  in  China 
is  generally  allowed  to  be  worth  thirty  per  eent* 
additional  in  the  United  States;  consequently^ 
the  sum  total  of  this  commerce  in  the  United 
States  may  be  calculated  at  two  million  one  hun- 
dred and  nfty-eight  thousand  dollars^ 

I  am  aware  that,  since  the  United  States  have 
obtained  the  peaceful  and  unquestioned  posses 
sion  of  Columbia  river,  a  settlement  will  soon 
ffrow  up  there,  whence  much  of  the  countenance, 
facilitieB,  and  protection  to  our  commerce  on  the 
Pacific  may  and  will  be  derived,  which  could 
only  otherwise  be  had  from  independent  Chili* 
But  it  is  no  less  evident,  from  the  nature  of 
things,  that  Chili  will  furnish  the  means  of  eher- 

Digitized  by 


2221 


APPENDIX. 


2222 


Condition  of  South  America. 


ishiag  aad  hasteniiig  the  growth  of  that  settle- 
ment; for,  besides  the  sappiies  which  an  infant 
establishment  majr  draw  from  Chili,  the  settle- 
ment at  Colombia  river  will  have  a  ready  and 
unriralled  market  on  the  southern  Spaoiih  coast, 

Krtieolarly  in  Chili,  for  what  are  understood  to 
its  staple  commodities.  Ships'  spars  and  lum- 
ber are  scarce,  and  in  some  places  not  to  be  had 
between  Guayaquil  and  Conception.  The  shores 
of  Columbia  river  are  at  present  encumbered  with 
the  greatest  abundance  of  them,  and  of  the  finest 
quauty.  All  accounts  concur  in  representing  the 
quantities  of  salmon  and  halibut  to  be  in  Colum- 
bia river  as  prodigious.  The  Catholic  Spanish 
settlements  to  the  south  will  be  a  market  always 
open  for  them. 

I  have  shown  that,  from  the  month  of  Februa- 
ry, 1817,  to  the  month  of  July,  1818,  durioff  the 
mst  of  the  second  epochs  of  revolution  and  dis- 
traction in  Chili,  within  a  time  when  the  open- 
ing of  its  ports  could  not  much  more  than  have 
been  heard  of,  there  have  been  actually  landed 
in  the  ports  of  Chili,  by  citizens  of  the  United 
States,  merchandise  to  the  amount  of  one  million 
three  hundred  and  seventy-five  thousand  dollars, 
and  a  much  greater  value  might  have  been  im- 
ported with  a  certainty  of  its  finding  a  market 
and  being  paid  for  in  a  fair  course  of  trade,  but 
for  the  inconveniences  growing  out  of  the  present 
state  of  things,  some  of  which  I  have  endeavored 
to  explain.  But  if  we  recollect  the  advantaffes 
which  our  citizens  have  in  the  China  and  India 
trade,  by  being  unfettered  with  the  monopoly  of 
an  East  India  Company,  and  that  the  silver  and 
copper  of  Chili  will  enable  them  to  extend  their 
enterprise^  and  push  their  commerce  to  a  greater 
advantage  than  ever,  I  think  it  will  not  be  deemed 
an  exaggeration  to  set  down  the  commerce  of 
Chili  itsell  as  worth  to  the  United  States,  annu- 
ally, about  two  millions  of  dollars. 

Summing  up  the  whole  of  these  several  branches 
of  commerce,  they  will  form  a  toul  of  six  million 
one  himdred  and  fiAy-eight  thousand  dollars  of 
annud  value  to  the  United  Sutes,  which  will  be 
eidMr  produced,  cherished,  or  protected  from  that 
new  and  interesting  country. 

These  are  my  views  of  the  benefits,  profits,  and 
advantages,  which  the  citizens  of  the  United 
States  are  likely  to  derive  from  independent 
Chili.  I  may  be  allowed  to  declare  that  I  feel, 
in  common  with  my  countrymen,  a  lively  sym- 
pathy and  a  deep  interest  in  the  »te  of  a  brave 
and  generous  people  struggling  for  their  liberties, 
yet  it  would  be  presumptuous  in  me  to  point  to 
the  measures  which  the  Qovemment  ought  to 
pottue;  because  the  excellent  institutions  of  my 
country  have  provided  the  means  of  calling  to- 

Sther  the  impartial  intelligence  and  wisdom  of 
B  nation,  to  determine  the  course  of  measures 
to  be  adopted  upon  that  as  upon  all  other  similar 
and  imponant  subjects.  But  I  shall  esteem  my- 
self honored,  and  feel  gratified  with  having  done 
some  good,  if  it  shall  be  found  that  I  have  added 
•omewhat  to  that  stock  of  information  which  has 
been  sought  for,  to  enable  the  Qovernment  to  di- 
le^t  iu  eiepe  with  a  justice  and  a  dignity  worthy 


of  itself  upon  so  interesting  an  occasion,  and,  at 
the  same  time,  in  a  manner  best  calculated  to 
promote  the  cause  of  freedom  and  humanity. 

Be  pleased,  sir,  to  accept  the  assurance  of  my 
highest  respect. 

THEODORICK  BLAND. 
The  Hon.  John  CIuinct  Aoams, 

Secretary  of  Slate. 


APPENDIX. 

B. 

A  manifesto  of  the  Qovemment  to  the  people  wh» 
form  the  State  of  Chili. 
All  the  people  of  the  land  have  an  imprescrip- 
tible right  to  the  establishment  of  their  liberty, 
but  few  obtain  the  enjoyment  of  it,  because  the 
great  sacrifices  it  requires  of  them  are  superior  to 
the  terrors  inspired  by  despotism  in  their  weak 
souls.  They  know  that  the  first  step  in  this  en- 
terprise is  to  resolve  to  Jay  aside  all  that  to  which 
they  had  previously  submitted  j  and,  to  reform 
the  political  institutions  of  a  people,  it  is  neces- 
sary that  the  greater  part  should  renounce  their 
habits,  abandon  their  interests,  lose  their  tran- 
quillity, and  many  times  endanger  their  reputation 
itself.  In  the  current ^f  a  revolution  calculated 
to  innovate  on  the  destinies  of  half  the  world— 
perhaps  the  whole — it  is  difficult  for  an  individ- 
ual to  chanffe  or  have  a  choice  of  sacrifices.  The 
people  of  Chili  have  now  known,  from  their  own 
experience,  the  necessity  of  passing  this  interme- 
diate period  of  dangers  and  vicissitudes,  before 
the  establishment  of  those  reforms  which  are  re- 
quired by  the  age  in  which  we  live,  and  the  actual 
relations  of  the  htiraan  race.  But  neither  the 
multiplied  horrors  of  a  war.  carrieu  on  with  the 
ferocity  of  the  Spanish  uovernment,  nor  the 
weight  of  those  caJamities  which  give  a  shock  to 
the  rude  passions  of  a  newborn  nation— nothing 
has  been  able  to  change  those  sentiments  which 
were  evinced  in  the  celebrated  revolution  of  the 
18th  September  of  the  year  1810.  From  that 
epoch  until  the  1st  October,  1814,  we  made  an 
essay  of  our  powers,  and  thence  majr  know  that 
they  are  sufficient  to  sustain  the  wishes  of  an 
ofiended  people,  that  internal  grievances  might 
not  always  exhaust  their  resources^  who,  in  pro- 
portion as  they  are  united,  were  animated  by  the 
same  feelings  and  were  threatened  by  equal 
dangers. 

We  could  not  run  counter  to  that  first  princi- 
ple which  declares  that  every  one  may  follow  the 
physical  and  moral  h&w  of  his  nature ;  and  con- 
sequently, in  the  progress  of  our  destiny,  to  con- 
ceive ideas,  to  form  opinions,  and  to  execute 
projects,  that  communicated  the  tendency  of  our 
views ;  which  manifest  our  sincere  endeavor  to 
obtain  our  object,  and  at  the  same  time  avoiding 
those  errors  which  stir  the  angry  passions  ana 
excite  public  commotions  ^  resisting  internal  and 
external  enemies,  although  we  sometimes  yielded 
to  the  impulse  of  force  or  hostile  manoeuvres. 
These  causes  had  such  an  effect  upon  our  opera- 
tions, that  the  enemy  triumphed  by  means  of  the 
enthusiasm  and  the  sacrifices  Chili  had  made 


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ASHOBBUL 


sioce  it  hMl  uadertakeii  tbe  work  of  its  cegenera- 
tioD.  The  couDtrr  fell  again  under  ^he  Bpaaidi 
▼oke.  and  its  inhabitants  were  treated  as  rebels : 
tot  ail  UDsaeeessful  revokition  is  rebeUiim.  The 
oppression  and  outra^^es  which  had  been  preyi- 
OQslf  soiered  hy  Cyuii,  the  Atrocities  of  which 
it  was  the  victim  in  that  epoch  were  the  signal 
of  a  greflS  oonflagnttion,  or  a  scene  of  frightful 
shipwreck,  compared  with  the  reality  of  those  ca- 
tastrophes. A  torrent  of  calamities  inundated 
this  beautiful  country ;  liatred  and  revenge  dic- 
tated the  law  to  which  all  the  actions  of  Chilinos 
wmA  tbe  fhiilfolneas  «f  the  land  itself  were  sub- 
jected. The  oppressor  eaicolated  that  he  was  now 
able  to  repose  in  (ranqoiility  ander  his  laurels ; 
that  the  fruit  of  his  vieierjr  would  be  slavery  wtth- 
ont  end ;  and  that  he  might  yet  make  Aaseriea 
foiget  the  origin  of  its  prttewiens  a»d  its  rights. 
The  impulse  was  however  only  for  the  instant ; 
it  made  an  impression  but  of  short  duration  over 
a  vast  continent,  the  several  parts  of  which  coi^d 
not  be  8u£Eered  to  remain  unattended  to  for  a  mo- 
ment to  give  direction  to  the  whde. 

b  was  proper  that  the  United  Provinets,  existing 
under  a  new  form,  aid  feeling  the  interests  of 
Chili  inseparable  from  their  own,  shoatii  make  a 
last  eSut  of  their  strength  to  save  it,  or  both  to 
fall  entombed  under  their  own  ruins.  In  short, 
the  army  of  the  Andee  was  organised,  and  the 
13th  of  February^  1817,  arrived,  to  put  into  oar 
hands  the  destiny  to  which  we  aspiised.  Liberty 
was  restored  to  Chili— a  time  to  benefit  by  the  his- 
tory of  past  misfortunes;  for  the  tenor  of  those 
pnhlie  acts  should  admonish  nt  to  preserve  har- 
mony in  affairs,  with  pMetical  ideas  which  eon- 
stitate  uue  liberty^  and  wonld  not  drive  us  against 
the  rock  of  adoptmg  prinoiples  that  conduct  to 
anarch Vt  and  oonvert  jeaiousy  into  fanaticism. 

•rhei^tstfl|»wastoiominateapenoa  wliomight 
be  charged  with  the  executive  govemnent  incir* 
Constances  so  difficult.  Tbe  capital  of  Santia|;o 
called  me  to  that  station,  by  the  universal  ao^* 
mation  of  its  inhabitants;  and  that  voice  had  beea 
uaifoDmly  followed  by  the  provinoes  and  the  peo- 
ple of  the  9tate.  I  entered  on  the  administratAon, 
a|kd  already  know  that  it  is  only  by  a  vigorous 
iMod  energetic  government  that  tranquillity  and 
order  can  be  maintained,  and  the  public  mind  be 
prepared,  in  time,  to  receive  convenient  institu- 
tions. To  this  end.  it  became  necessary  to  banish 
rivals  who  acted  under  the  American  narae^  and 
to  take  precaution  against  those  who,  by  a  hUe 
catoulation  of  our  interests,  bad  the  power  to  mis- 
lead the  unthinking.  These  measures  were  the 
more  urgent,  as  the  enemy  had  reinforced  the 
provmoe  of  Conception  1^  tSe  remainder  of  thosf 
hjB  bad  saved  from  Chacaboco,  and  hoped  to  jre- 
ceive  in  Talcahuana  auxiliaries  from  Lima,  with 
which  to  act  anew  on  the  offensive.  At  all  events^ 
it  was  necessary  to  organize  a  reepeoiable  force 
capable  of  secnrmg  peace,  and  of  imposing  respeet 
from  the  invaders.  I  directed  all  my  views  to  this 
end,  ajad  the  result  has  beea  fully  comaMnaumte 
to  mjr  wishes.  Under  the  conduct  of  Qeneral  Saa 
Martin,  the  u^iited  army  was  put,  in  a  short  time, 
on  a  fooung  that  did  honor  to  America^  and  gave 


iM  a  right  to  hope  for  a  decisive  triumph  ia  ihe 
first  battle.  But  a  force  so  considerable  eeuld  wn 
be  maintained  without  gveat  saorifices.  The  es- 
traordioary  expenses  of  the  war,  and  other  ohaifea 
upon  the  revenue,  left  a  deficit  which  it  was  <e* 
cessary  to  fill  at  all  haxards.  The  Qovernment 
saw,  at  the  same  time,  with  distress^  all  the 
sdmrces  of  national  wmth  obstructed ;  and  the 
counuy,  almost  entirely  drained  br  the  Spaniard 
left  hardly  any  means  to  meet  oalis  so  mat.  The 
economy  and  the  generous  seal  of  the  Chiiiao 
people  were  the  oolv  funds  which  neither  the  tm^ 
verses  of  war  nor  «ne  universal  interdict  of  mn 
mereaatfle  relations  were, able  lo  destroy;  with 
these,  although  at  the  expense  of  great  pnvatioBs, 
the  army  was  maintained,  and  the  other  exigOB- 
cics  of  the  State  deferred;  thus,  for  the  preaeat, 
public  affiurs  were  immediately  taken  oaie  oif 
when  the  duties  of  the  war  catted  on  me  to  caloe 
command  of  (he  army  of  the  Sooth,  and  I  del^ 
gated  the  exercise  of  the  fcwetione  oi  Sapseme 
Utreetor  to  other  peiaons.  The  conduoi  pursued 
in  this  interval  b]r  these  delegated  governors  haa 
been  entirely  satisfactory^  for  their  duties  were 
discharged  with  great  activity.  But  all  shaU  be 
recollected  with  flory,  and  amends  be  made  fo 
the  great  afflictions  which  oooe  impeded  our  en- 
terprise, which  has  termiaated  in  soeh  importaat 
resalts. 

In  tlie  meantime  the  nrmy  of  the  enemjr,  seetwo 
by  the  strength  of  Its  position,  remained  shat  no  in 
Talcahuana,  and  was  insulted  by  our  valor,  with* 
out  being  «qioeed  to  Ihe  risk  of  testing  his  pssw^ 
ess.  I  knew  very  well  the  difieirities  of  an  aa*^ 
sanlit;  but,  after  one  painful  campaign  had  hem 
wasted,  it  was  impoMible  any  longer  to  leettain 
the  impatience  of  courage,  when,  «n  th»  6th  of 
October  last,  we  made  a  stroke  en  the  besieged, 
and,  althei^  the  attack  was  honorable  to  our 
arms,  we  were  obliged  to  yield,  for  triuaaph  is 
not  always  the  recompense  of  the  brave.  At  this 
time  an  expedition  from  Lima,  imited  to  the 
troop  of  Talcahuana,  was  annouoeed  i  aeeordhi^ 
to  the  calculations  of  Geaerai  Oserio,  to  wkaao 
command  it  was  intrusted,  it  was  amply  a«ffi* 
cient  to  re-establiah  the  ancient  domtaatioo.  On 
the  18th  of  January  the  convoy  arrived  at  Tatoa- 
huann,  and  it  must  be  acknowledged  that  tkm 
foirces  brooght  against  as  were  superior  to  nH 
that  had  been  seen  in  the  field  against  Ameriea, 
since  the  beginning  of  oar  rerolntion. 

Hereopens  theepoch  in  which  Chili  was  drives 
unto  the  extremes  of  its  sacrifioes,  and  in  whack 
the  Government  put  forth  all  the  means  of  its 
power  to  frustrate  the  pride  and  the  anoffanee  of 
the  enemy.  The  conflict  of  the  19(h  Mnrah  it 
one  of  those  events  which  valor  conld  not  pre- 
vent, and  which  timiditj  itacif  is  incnpahle  ef 
apprehending.  An  army,  respectable,  aaxiovs 
for  the  combat,  habituated  to  order,  and  direoted 
by  Qeneral  San  Martin,  saw  itself  atiaeked  in 
the  darkness  of  the  night,  aiKl  in  the  same  mo* 
nrnt  that  iu  position  was  changed  to  dispby  ita 
bmvery  on  the  fallowing  day ;  aAer  sustaining 
the  first  shock,  a  part  of  our  iraops  were  dispersedi 
the  rest  put  inconiusioii,and  theoampvfmsoboft^ 

Digitized  by  VjOOQIC 


2325 


APPHNMX. 


2226 


OonMion  of  SmOh  America. 


dooed  to  iht  eoMBf .  This  unexpected  rererse  of 
forttme  itmek  a  anirersal  terror,  spread  eonster- 
nation  over  the  eoantry,  and  debilitated  the  pow- 
ers of  Gk>feniiiiei»t;  for  such  circumstances  relax 
obedieooe,  and  leave  authority  embarrassed.  The 
reooUeetUm  of  SpBtnish  authority,  and  the  dread 
oi  falling  uttder  its  domination,  prevailed  OTer 
every  h^e.  The  greater  part  of  the  patriots 
i^iMOBed  their  houses  and  iamflies,  or  fled  with 
them  witkovt  any  other  means  than  were  neces- 
sary Co  save  their  Itres.  This  concurrence  of 
cire«8istaa«€s  made  the  reorganization  of  the 
army,  in  itself  sufficiently  dimcult,  much  more 
▼flsaiious ;  bat  the  braro  did  not  tremble,  and  in 
a  short  time  raUied  in  the  neij^hborhood  of  San- 
tiago. BTerythiog  is  extraordinary — all  is  grand 
'  I  the  hiscorleal  detail  of  those  a^ments!  From 


the  19th  of  March  un^il  the  4th  of  April,  we  have 
seen  the  greater  part  of  the  armjr  dispersed,  mak- 
ing a  retreat  of  eighty  leagues  without  dissolving 
itself,  preserving  order  in  the  midst  of  confusion, 
repairing  its  losses,  aotwitbstandinff  the  scanti- 
ness'of  its  means,  and  preparing  itself  for  a  battle, 
which  in  the  revolution  of  the  new  world  will  be 
aSKiemorable  as  was  that  of  the  old,which  decided 
tlM  iate  of  Burope  in  the  field  of  Waterloo.  On 
the  5th  of  April  the  enemy  presented  himself  on 
the  plaint  of  the  Maipu ;  his  force  was  superior 
t»  ourS)  his  position  seemed  ealculaled  for  vio- 
Sory,  and  his  ferocity  corresponded  to  the  nature 
cf  his  pride;  that  idone  wnieh  was  wanting  to 
hMMtre  hts  triumph  with  absolute  certainty  was 
tiie  darknees  of  the  night.  General  San  Martin 
led  on  the  attack  at  noonday.  Our  soldiers  re- 
B&embered  that  they  irere  the  eonquerors  of  Cha- 
•abtioo,  and  after  oix  hours  of  combating,  in  which 
time  the  field  was4renched  with  Mood,  the  whole 
af  the  army  of  the  tnemy  was  left  in  our  power, 
aad  General  Osorio  only  eso*ped  with  his  escort. 
Id  she  aanals  of  war  there  is  no  recollection  of  a 
trkittphinore  eonplele,  nor  one  in  which  there 
dOuM  be  more  •obstlnite  courage  on  both  sides; 
neither  is  there  imy  recollection  of  a  success  so 
ftoitful  in  results. 

ChlH,  whh  its  numerous  popdation,  the  fer- 
fUdy  of  its  soil,  the  richness  of  its  mines,  and  the 
advantages  of  tbeseiaeatts  of  prosperity,  will  now 
Wiong  onlr  to  itsetf.  Our  rehrtions  with  foreign 
nsaHons  will  have  only  for  their  basis  reciprocity 
#ftBteresis|  and  the  opoeh  is  nt>t  distant  when 
tbe  Government,  having  completed  its  regula- 
tions for  loosening  the  fetters  from  our  commerce, 
fiMftitatiag  the  exportation  of  our  productitms, 
the  class  of  industrious  agriculturists,  secure  in 
xneetSng  a  demand  ihat  will  recompense  their 
labors,  will  soon  be  doubled.  In  the  meantime 
it  will  be  useless  to  avoid  partial  projects,  the 
execution  of  which  can  only  be  the  result  of  our 
l^oneral  con^biaations.  Although  the  country  is 
xicyw  almost  entirely  free  from  its  enemies,  ye^  in 
consequence  of  his  usiritime  ascendency,  the  im- 
Bsedlate  market  for  our  productions  gtoans  be- 
neath the  weight  of  Spannh  monopdy.  and  is  in 
uKaitt  of  those  nrtides  most  necessary  tor  its  eon- 

Hnption. 

It  is  true  that  the  batde  of  the  Ml  of  April  has 


made  a  breach  in  the  exclusive  system  which 
erected  such  a  barrier  between  us  and  the  ports  of 
Lima ;  but  it  is  necessary  to  make  new  and  mu- 
tual efforts  to  remove  all  obstacles.  Lima  cannot 
lon^  be  withheld  from  the  general  destinies  to 
which  America  yields,  and  its  principles  must  ac- 
cord with  those  proclaimed  by  Chili  and  the  Uni- 
ted Provinces.  The  simultaneous  operation  of 
our  forces,  and  ascendency  of  public  opinion  in 
Upper  Peru,  will  determine  whether  it  be  possible 
to  form  on  the  American  continent  a  grand  con- 
federation capable  of  irrevocably  sustaining  its 
civil  and  political  liberty,  whatever  may  be  the 
form  of  government  that  may  be  established  in 
those  confederated  States.  The  solemn  declara- 
tion whith  was  made  by  the  United  Provinces  on 
the  9th  of  July,  1816,  and  that  which  we  ourselves 
pronounced  on  the  12th  of  February  last,  will  be 
soon  loudly  repeated  in  the  capital  of  Peru ;  and 
henceforth  it  will  be  these  that  give  date  to  the 
age  in  which  was  commenced  the  breaking  of  the 
chain  which  bound  America  to  the  potentates  of 
Ekirope,  who  were  accustomed  to  look  on  it  as  an 
exclusive  property  of  the  smallest  quarter  of  the 
jrlobe.  The  United  States  gave  the  first  example ; 
It  lives,  and  it  is  impossible  to  destroy  it.  Brazil, 
although  following  different  principles,  has  also 
ceased  to  heltmg  to  Europe,  and  is  now  the  second 
Power  in  America.  The  times  cannot  retrograde : 
the  universal  opinion  of  men  has  practically  fixed 
the  difference  between  authority  and  despotism, 
between  obedience  and  slavery^  between  liberty 
and  licentiousness.  The  examples  which  have 
broken  forth  in  the  midst  of  those  despots,  and 
the  experience  of  those  evils  which  have  afBicted 
Bur<^  in  our  days,  are  beacons  that  will  warn 
the  people  to  shun  the  hriUiant  theories  of  an- 
archists. 

Let  us  move  on  firmly  to  our  destiny,  but  with- 
out deviating  from  the  justice  and  spirit  of  order 
that  is  presented  to  us.  We  approach  the  mo- 
ment when  the  wHf  of  the  Chiuno  people  idiall 
be  the  sole  guaranty  of  their  institutions.  The 
calling  of  a  Gkneral  Congress  is  the  solemn 
thought  that  occupies  me:  if  my  own  ardent 
wishes  were  sufficient  alone  to  accelerate  it,  we 
would  now  be  on  the  eve  of  that  great  event. 
But  to  lay  the  foundation  of  the  representative 
svstem  to  which  we  aspire,  it  is  necessary  diat 
the  numbers  of  the  representation  of  the  people 
should  guard  the  greatest  proportion  of  diem  possi- 
ble, by  their  being  represented.  This  apportion- 
ment is  not  ascertained;  it  must,  therefore^  be 
preceded  by  the  taking  of  a  general  census.  I 
have  commanded  it  to  be  made  immediatelv; 
and  my  Secretary  of  State  is  charged  with  the 
execution  of  this  decree,  and  with  communica- 
ting to  the  municipalities  of  the  State  proper  in- 
structions, by  which  means  the  estimate  may  be 
performed  with  exactness.  Until  this  is  done,  I 
nave  taken  good  care  also  to  order  two  commis- 
sioners, which  shaH  be  publicly  announced  in 
the  first  ministerial  gazette,  the  one  for  the  pnr* 
pose  of  preparing  a  provisional  statute,  which 
Btav  govern  untn  the  meeting  of  the  Congresi^ 
witti  the  sanction  of  all  the  people  of  the  State; 


Digitized  by 


Google 


2287 


APPENDIX. 


2228 


CkmtUUon  qf  Souih  America. 


Mid  the  other  for  the  formttion  of  a  constitution, 
under  which  a  Congress  may  be  called,  when  it 
shall  be  committed  to  their  care,  and  tney  shall 
establish  the  division  of  supreme  power  accord- 
ing  to  the  will  of  the  people,  and  conform  to  the 
plan  that  our  actual  relations  may  suggest.  I 
promise  myself  much  from  the  zeal  of  the  muni- 
cipal bodies  who  aid  my  powers.  They  will 
hasten  the  meeting  of  the  Cbilino  Congress,  and 
not  postpone  the  day  on  which  I  shall  declare 
the  number  of  the  national  representation,  by 
Tirtue  of  the  extraordinary  power  which  has  oeen 
reposed  in  me,  under  the  guaranty  of  my  respon- 
sibility. I  shall,  therefore,  continue  until  then 
in  the  exercise  of  those  high  functions  that  are 
proper  for  a  Chief  Magistrate  under  such  clr- 
eumstances  as  the  present. 

The  experience  of  fifteen  months  that  I  hare 
administered  the  public  concerns  under  the  old 
existing  forms,  and  the  success  that  we  hare  ob- 
tained by  its  influence,  maizes  me  hope  that,  fol- 
lowing the  same  course,  the  (Joyernment  will  be 
carried  to  the  end  of  its  undertakings,  the  citizens 
will  see  a  termination  of  their  sacrifices,  and  the 
people  will  put  the  seal  to  their  destiny.  But  if, 
contrary  to  my  expectations,  any  obstacles  should 
present  themselves,  I  am  sure  we  shall  find  means 
to  overcome  all,  be  the  causes  of  opposition  what 
they  may.  Against  foreign  enemies  we  have  an 
army  that  has  twice  conquered ;  as  terrible  in  the 
day  of  battle  as  constant  in  adversity,  and  humane 
after  victory.  The  General  who  commands  it 
will  yery  soon  return  from  the  capital  of  the  Uni- 
ted Provinces,  where  he  has  been  hastily  carried 
by  the  interests  of  our  grand  combinations ;  and 
neither  the  distance  of  more  than  four  hundred 
leagues,  nor  the  difficulties  that  are  presented  by 
the  Andes  in  the  middle  of  winter,  will  be  able 
to  delay  his  return.  He  will  sustain  there,  as  well 
as  here,  the  honor  of  both  national  flags  united, 
and  his  name  shall  be  the  standard  ofthe  brave. 
Against  the  naval  power  which  until  now  has 
been  shown  by  the  enemy,  we  haye  the  elemenu 
of  a  force  that  has  begun  to  make  its  first  essays, 
which,  we  promise  ourselves,  will  in  a  short  time 
give  us  as  decided  a  superiority  over  the  sea  as 
we  have  now  obtained  by  land.  In  spite  of  the 
scantiness  of  our  resources  we  have  armed  the 
ship  LauUro,  of  fifty-two  guns;  and  she,  alone, 
has  been  sufficient  to  raise  the  blockade  main- 
tained by  the  frigate  Esmeralda,  the  brig  Pezne- 
1%  and  other  Spanish  vessels,  wnich,  in  the  very 
first  action,  have  struck  their  flag  to  ours,  and 
would  now  have  augmented  the  trophies  of  Chili 
if  Captain  O'Brien  had  survived  the  glory  he  ob- 
tained in  that  attack.  Against  internal  enemies 
the  Government  will  constantly  place  the  recti- 
tude of  its  views,  the  zeal  of  its  good  offices,  and 
the  vigilance  of  all  the  public  functionaries.  If 
any  shall  attempt  to  mislead  the  opinion  of  sim- 
ple men,  and  to  give  to  the  Chilino  people  an  im- 
pulse (contrary  to  their  pacific  character  and  hon- 
orable feelings,  I  will  employ  all  my  authority  to 
stifle  the  disorder  and  to  avoid  those  rocks.  But 
I  flatter  myself  with  the  hope  that  the  influence 
and  foresight  of  the  subaltern  authoriUes  wUl 


enable  me  to  shun  the  pain  of  adopting  measurea 
which  would  cost  my  heart  an  afflicting  sacrifice. 
It  is  not  many  days  since  the  honorable  munici- 
pality of  this  capital  gave  an  example  of  vigi- 
lance in  preserving  public  order,  oo-operating 
with  my  j;)ower  for  the  purpose  of  uniting  the 
opinion  of^some  citizens,  who,  substantially  wish- 
ing the  same  that  I  anxiously  desire,  would  sug- 
gest reforms,  which  are  only  dangerous  by  being 
untimely.  The  Government  had  made  a  just 
discrimination  in  its  zeal,  and  has  taken  precau- 
tion against  those  who  mask  their  designs  under 
its  name. 

Such  is  the  outline  which  the  revolution  ia 
Chili  presenu,  until  the  period  in  which  we  at 
present  find  ourselves ;  in  it  we  will  discover  a 
continual  struggle  between  education  and  con- 
viction, between  interest  and  custom,  between 
naked  truth  and  error.  This  has  been  the  most 
difficult  combat,  because  we  have  had  to  make  a 
conquest  over  ourselves,  in  order  to  triumph  over 
the  enemy. 

Now  is  the  time  that  will  decide  for  Spain  who 
has  obtained  the  victory  in  this  contest,  and  if 
yet  there  can  be  a  hope  that  the  ancient  preju- 
dices shall  forever  endure  for  the  support  of  ita 
power.  Chiiinos !  the  eishth  year  of  our  revolu- 
tion is  going  to  be  eternally  memorable.  No  one 
can  contemplate  our  destiny  without  recollecting 
the  5th  of  April,  and  tlie  plains  of  Maipu,  and 
what  has  been  there  written ;  let  us  redouhle  our 
energies  to  augment  the  series  of  our  giand  suc- 
cesses. In  the  present  year  we  have  declared 
ourselves  absolutely  independent;  we  have  ob- 
tained a  triumph  that  would  astonish  Europe^  if 
that  had  been  the  theatre  of  our  exertions;  aynd 
we  are  going  to  open  a  campa%n  which  will  giw^ 
liberty  to  the  continent,  and  lay  the  foundation  of 
a  triple  confederation,  in  which  we  see  the  Chilino 
Congress  united,  if  some  unforeseen  oeourrenco 
does  not  prevent  it.  What  generations  will  spread 
over  our  territory  1  what  numbers  will  wish  ta 
place  themselves  exactly  in  our  circumstaneea  1 
what  preat  souls  will  desire  to  be  transported  into 
the  midst  of  us,  to  have  the  glory  of  influencing 
here  the  happiness  of  half  the  world  I  We  should 
be  thankful  to  Providence  that  we  have  now  in 
our  hands  the  fortunes  of  the  country.  Let  us 
save  it  at  ewerj  hazard,  and  leave  to  posterity 
other  rights  which  will  make  it  grateful  to  u% 
and  rally  about  a  constitution  sanctioned  by  the 
will  of  the  people. 

Given  at  our  Directorial  Palace  of  SantiagO| 
5th  May,  18ia 

BERNARDO  O'HIGGINS. 

AffTOMio  Jo8i  DB  IninAnni. 


C. 

juLT  8,  isia 

Dbab  Sir  :  I  enclose  you,  in  No.  1,  an  account 
of  the  cities,  ports,  and  towns,  with  the  State  of 
Chili,  at  the  foot  of  which  will  be  found  tlie  ac- 
tual population  computed  in  the  whole  eountrf , 
according  to  a  census  imperfectly  made  in  tno 
year  1814;  but  there  may  result  from  thanaw 

Digitized  by  VjOOQIC 


2229 


APPENDIX. 


2230 


ConditUm  of  South  America. 


one  that  is  ^ing  to  be  made  a  yery  material  dif- 
ference, giving  grounds  to  tbe  suspicion,  of  which 
we  have  formed  an  idea,  of  the  irregularity  with 
which  the  previous  one  had  been  made. 

The  paper  No.  2  represents  the  products  of  the 
tithes,  within  a  period  of  five  years,  from  1805  to 
1819,  selected  as  an  example,  it  beinjor  the  close 
of  the  period  when  the  province  of  Conception 
was  united  to  that  of  Santiago ;  observing,  how- 
ever, that  for  the  ten  years  previous  to  this  time 
the  tithes  of  Santiago  have  produced  the  same, 
with  little  difference  from  those  of  the  before- 
mentioned  term  of  five  years.  . 

The  statement  No.  3  exhibits  a  view  of  the 
coinage  for  the  year  1817,  and  of  the  present, 
until  this  day ;  producing  from  coined  gold  and 
silver  one  million  six  hundred  and  ninety-five 
thousand  nine  hundred  and  twenty-five  dollars 
and  seven  rials,  leaving  a  profit  to  the  State  of 
two  hundred  and  forty-eight  thousand  one  hun- 
dred and  fifty  dollars  and  two  and  three-fourths 
rials.  But  trom  this  statement  an  ijJea  of  the 
products  of  the  mines  cannot  be  drawn  with  ex- 1 
actness,  but  only  approaching  to  the  truth,  with- 
out (in  such  case)  taking  into  the  account,  for 
that  purpose,  the  value  of  metals  withdrawn  by 
contraband,  and  employed  in  the  fabrics  made 
up  by  the  silversmitns  for  the  use  of  the  country. 

By  the  statement  No.  4  are  shown  the  receipts 
and  expenditures  of  the  public  treasury  since  the 
13th  or  February,  1817,  until  the  end  of  Decem- 
ber of  the  same  year;  but  it  must  be  observed 
that  there  are  not  comprehended  in  it  some  re- 
'  ceipts  of  much  importance,  which,  by  their  un- 
certain nature,  ought  not  to  be  entered  in  that 
account 

By  the  statement  No.  5  are  seen  the  receipts 
and  expenditures  of  the  national  treasury  in  the 
six  past  months  of  the  present  year.  It  will,  how- 
ever, be  proper  to  observe,  that  the  receipts  which 
will  be  bad  in  the  six  ensuing  months,  it  is  clear, 
may  be  more  from  other  sources  than  those 
shown  in  this  statement,  which  have  not  for  the 
present  been  brought  into  the  treasury,  except  a 
very  small  part  of  the  tithes ;  and  there  are  very 
ftttax  sums  which  are  payable  for  particular 
duties. 

In  tbe  statement  No.  6  b  presented,  at  the  foot, 
the  strength  of  our  veteran  troops,  and  of  the 
mUitia,  according  to  tbe  last  muster  that  has  been 
rendered  of  them. 

Finally,  in  No.  7  are  expressed  our  ships  of 
war  and  privateers^  which  up  to  this  day  have 
been  armed  In  thb  country. 


These  being  the  only  documents  I  have  been 
able  to  make  out  for  you  in  tbe  short  space  of 
time  that  has  been  allowed  me  for  it,  I  hope  they 
may  be  sufficient  for  you,  and  come  up  to  your 
expectations.        ' 

Qod  grant  you  many  years  of  health. 

ANTONIO  JOSE  IRISARRI. 
Tbbodorick  Blamd,  Esq. 

No.  1. 

A  li$i(fthe  cUie$,  porU,  and  townt^  wUhin  the 
State  of  ChUi. 

Cttief.— Santiago,  Conception,  Talca,  Coquim- 
bo,  Valparaiso,  Chilian,  Rancagua,  Valdivia, 
Osomo,  lios  Angeles. 

Portf.— Valparaiso,  Coquimbo,  Guaaeo,  Capi- 
apo,  El  Qobernardo,  Taleahuana,  San  Vicente, 
Arauco,  Valdivia. 

!7birfv.— Copiapo,  Quasco,  Gua^o-alto,  Ilia- 
pel,  Ligna,  Petorca,  duillota,  Casablanca,  Meli- 
pilla,  Andes,  Aconcagua,  San  Jos^,  San  Fernan- 
do, Curico,  Caquenes,  Linares,  San  Carlos,  Par- 
rel, duirihue,  Ninhue,  Florida,  Tumbel,  Cocle- 
mu,  Pucbacay,  Talcahuana,  San  CarW  Santa 
Juana,  Nacimiento,  Talcamabida,  Santa  Barbara, 
Colcura,  San  Pedro,  Arauco,  Hualqui,  Reri,  La 
Alaxa. 

The  population  of  this  country,  according  to 
the  last  census,  is  computed  at  one  million  two 
hundred  thousand  souls. 


No.  3. 


A  statement  showing  the  value  of  the  tithee  <f 
the  Fromncee  of  Conception  and  Santiago^ 
in  a  period  of  jive  years^  between  the  years 
1805  and  1809. 


1805 
1806 
1807 
1808 
1809 


Total     - 


8aBtiafe. 


9140,728 
158,178 
145,293 
154,578 
148^ 


Gonoeption. 


963,583 
.65,450 
69,788 
69,212 

68,492 


9747,605       9336,454 


Sum  total 
Average 


91,084,059 
216,811  4*5 


Digitized  by 


Google 


2281 


AP!Pll!iI>IX. 


Z2Si 


Cottd&idn  ^  South  Jkwunsa^ 


No.  3. 
A  siaiemmt  ahfiunng  the  number  of  teaoi  of  gold  and  ban  of  rihtt  that  ha»t  hem  rteewod  into  the  nifiRt 
in  all  thevear  1817,  and  from  the  let  of  January  until  the  2d  ofJufy  of  the  current  year  /  dtttingmthing 
that  which  has  paid  the  quint  from  that  which  nae  been  coined  in  both  metaU  m  the  mane  time  /  alltokm 
from  the  booki  of  the  accountant. 


P^rMfofreoeif«. 

Ne.ortem 

of  geld. 

AUojof22iqiiiDtele. 

made. 

Pmidiarqanls. 

In  the  year  1817        - 
In  the  tame  jeer 
UntU  3d  July,  1818  - 

210 

7 

86 

5,974    6    0    3    3 

166    6    3    a  10 

1,689     18    2    0 

Ill 

781,990  6 

21,831  8 

221,089  0} 

31,279  ij 
8,843  44 

SOS 

7,830    6    2    8     1 

1     391,632 

l/MfiW  6} 

40,123  li 

Periodi  of  receipt* 

Ben  of  eilYer. 

Of  11  denerae. 

ytkn  A.  8  pe.  2  nuokf. 

Pudlbrqvhiti. 

In  the  jear  1817 

Vmm  8lh  J«^,  1818 
Ohafidenia 

2M 

141 
6i 

89^818  8  1 
18,768  2  0 
M^2d8  7  4 
8,488  121 

288,781  8 
160,187  H 
188,086  %i 
7Mfl9  8( 

29,871  8 

• 

21418  4 

884 

81^791^  S  ^ 

871,019  Oi 

50^490  2 

SUMMART  OF  TROriTS. 

The  eoiasge  of  oMlsb  h8B  piodaotd 

Frea  qaiote  paid         •  .  •  . 

For  tb8  poidMie  of  ChsfUoaia 

Total  of  profitf, 


^31^69 
90,613 
25,667  4 


<848,150  2| 


Which  ahowB  that  of  tho  303  teioe  of  gold  wfaicli  hare  been  receiFod  in  the  mint  since  the  let 
January  of  the  year  1817,  until  this  time,  theie  hare  been  paid  for  the  qvints  40^23  doUan  1^  rial ; 
and  from  the  584  bars  of  silyer  which  in  the  same  time  ha7«  been  receiTod.  50/490  dollars  3  riala; 
which,  with  the  131,869  dollars  3^  rials,  have  yielded  of  profit  to  the  opeAtions  ^i  the  mint  hom 
both  metals,  and  the  25,867  dollars  4  rials  that  have  been  dacired  from  4he  bars  of  Chafalonia,  a 
iotal  amooat  of  profits  of  248,150  dollars  2|  riaU. 

Aocowunr  or  tbi  BSurr  or  taa  Statb  or  Omu,  Saktiago,  July  6, 1816. 

JOSk  SANTIAGO  PORTALSB. 


No.  4. 
jt  gegei^  wtaimnmtt  showing  the  reotipte  and  espemUturm  rftkt  public  tremutff  of  the  State  uf 
CkUi  einee  the  I3th  of  Febnmrv,  1817,  when  the  mctariom  anmg  tf  the  Amdee  enknd  the  oupOud, 
until  the  end  of  December  of  the  eame  year* 

aaoamv. 

1.    Heceipls  of  the  hacienda,  ooUeetiTely, #164^08  4 

S.    ProoeedeortlMinhit,in  aidof  tibstreasoiy, 80/M8  ^ 

S.    Veeeipts  of  the  cnrtoa-honse, •           .  881,880  8 

4.    ThedntieseA'tBbacco, .  18%988  7 

4.    Thetnilianddmiet  on  the  mines, 99^mQ  4 

4L    Bidbiiironisadesmndindalgenoee,          .......  J^16  8 

•7.    Menlhhr  eentribotions  of  the  city  and  iistitote,                  80,188  0 

8.    The  tjlh—  doeing  with  the  year  18a<^  and 4hase  anterior,                                  .           .  78,047  8 

4,    Yolnntaiy  donations,  in  aid  of  the  treasnifv  Ip  porches  e  arms,     -   *       -           •           -  165;704  0 

10.  Forced  loans,  mnlets,  and  seqaeetrations              -            •           -           -           -           -  872,702  2 

11.  Impost!  on  floor,  liquors,  and  other  articies,         •            •           -           -           •           -  30,620  5 

12.  From  qnicksilTer,  powder,  and  stamped  paper,      -            .....  11^302  2 

13.  Toll  on  the  road  from  Anconcagan,           .......  1,0280 

14.  Beoeipte  from  the  temporalities,  or  estates  Of  the  Jssnits,,              ....  11,406  1 

15.  Fromliides, 3,000  0 

16.  From  the  weighmsster,      •           •           .           •            .           .           .           .-  10,058  3 

17.  From  the  cargo  of  the  prise,  the  frigate  Perla,      ......  22,748  7 

18.  Depoattes,  until  ascertained  to  whom  they  belong,              .....  38,588  7 

19.  Diicounts  on  the  salaries  on  the  cifil  lilt,             ......  4,546  % 

/  f2,008,20e  I 

•  This  contiibiitiMi  has  be«i  entire^  abolished.  = 

^   Digitized  by  VjOOQIC 


APFBOmiSL 


QmdMM  qf  Stmth  Amuriea. 


sxFXjniiTumBf. 

1.    Piidtothetiooptof  theumyof  theAndef          .           .           .           ^           .           .  ||898^»  6 

%,    RflmitUnoei  to  the  army  of  Uie  sondi,  and  billf  drawn  bj  its  commiaaary             •           -  995fifS%  8 

••    To  Valpandao  and  CoqoimbOy  for  the  ezpenae  of  the  aenrice         ....  74^404  6 

4.    MectatakeninMendoxafer  thearmy  ofthe  Andea          •           .           »           .           .  S0i666  6 

§.    To  Bnanoa  Ayrea,  Pern,  and  Conception,  in  the  new  eoin  of  Chili         .-           -           •  4,000  0 

6.  Debta  contracted  by  the  State  in  1814 1!^7S0  0 

7.  To  the  Militaty  Hospital,  Mid  that  of  St.  John  tiielHtine            ....  %%79B  < 

8.  MiKtaiy  penaiona  and  piona  donations      .......  10,619  4 

9.  Sefnestered  property  retomed       .......*  14,S8fl^  8 

18.    Civil  aalariea           ....           ^           ....           ^  67,011  0 

11.    Rente  due  from  the  conaalidated  capital  of  the  Jesoits       •           -           •           •      '     •  8,089  8 

18.    Bxtraordinary  expenses  of  the  hacienda    -•••.••  47,267  8 

18.    The  troopa  of  the  State  of  Chili,  including  thoae  cf  the  Sonth       •           •           -           -  80,838  8 

14;    To  tiie  commissary  and  quartermaster  of  the  army,  for  food  and  clothing            •           •  834,183  2 

18.    The  ^ipense  of  the  armonr           ........  171,680  8 

18«    Extraordinary  expenses  of  the  war            ..••...  860,815  % 

17.  Pensions  charged  on  the  Jesuits' estatea    .......  8,6385 

18.  The  expenae  of  the  tribunal  of  the  minea  .......  8,009  8 

18:    FortheworkofMaipu       .........  17,5000 

80.  The  enenae  of  the  weighmaater's  establishment  •..••*  1^801  0 

81.  Bsgpoai&vpaid,  the  right  to  wiiieh  was  ascertained 5,167  7 

91,960,870  8 
Bemaining  to  the  State- 
in  tiie  poaaesaion  of  our  depu^  fai  Thlnuraiso  •  9^»783  0 
hk  the  posaession  of  ou>  dmtty  at  Talea          ....•«  8,888  8 
Inpayments,  on  account  or  artillenr      •--..•         18k468'8 

II 48;a87  8 


«8,ooa;M8  1 


GxjrxmAx.  Tebasvet  ot  SAjnrijiao,  December  31, 1817* 


RAFAEL  CORRBA  DE  SAA, 
JOSE  XIMENES  TENDILLO. 


Na  5. 

A  gmtfmlftaUmeiU  of  the  reeeipte  mui  etq^emdUu^ei  qf!  the  National  TVeosufy  of  iJke  S^aie  of  ChiHf 

from  the  lot  qf  January  1818,  0  the  end  of  June  of  the  tame  year. 


1. 

8. 

8. 

4. 

6. 

8. 

7i 

8* 

8. 
10. 
lU 
18. 
18. 
14. 
16. 
16. 


^Receipts  of  the  hadenda,  collectively       ....... 

Prooeedaof  themint        .......-• 

Thereceiptsof the  customhouse  .....•• 

The  duties  on  tobacco     -  -  -  .  •  ... 

The  quints  and  duties  on  the  mines       ..,..••• 

Bulls  for  crusades  and  indulgences         ...... 

Ftem  foiokailTer,  powder,  and  stamped  paper     .  .  .  .  - 

Pieceeda  of  the  Jeauita'  satatae    » 

Yarioua  impoata  in  aid  of  the  Trea— ly    ....-.< 

Pram  ^untary  donationa  ....... 

Foeeedleenikwnlols^aBdaequeaCratWBe  •  ....*•        370,1608 

TitftM  paid  into  the  Treaaunr Uvi8Qr  4 

Fran  the  cargo  of  d»Perle Ufimi 

Bs^oaitest  until  aaoartained  to  whom  they  hetag  .....  l%j$m  5 

From  the  weighmaater     ......-•-  10,300  4i 

Fromhidea 1^000,8 


f38,316  0 
133,738  H 
811,888  1} 
llk88V  1 
48,848  5 
6,388  ^-^ 
81,684  0 
913  4 
38,673  3f 
53,786  0 


xxvxjrniTvxss. 

U  To  the  ofwamisaaiy  of  the  army  of  the  Andee      .  .  ^ 

8.  Tothe  commisaaneaofthearmieaof  theSouthsnd  Weal 

3.  To  Talca,  YalparaiMy  and  Coquunbo,  for  aqienses  of  the  serriee 

4.  Troops  paid  from  the  general  treasury     • 

5.  Ciril  sahiriea        ..... 

6.  Ordinary  and  extraordinary  expenses  of  the  hacienda 

7.  Return  of  aome  loana  made  to  the  Treasury 

8.  Return  of  quints  improperly  exscted 

9.  MlUteiy  pensions  and  pious  donatiotts 


»,013,484  H 

9160,878  71 
158>888  8 
86,506  81 
165,079  8 
31,493  7 
14,978  7i 
3,580  8 
1,8T0  H 

r;849  I 


Digitized  by 


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2286 


APFBNDIX. 


Qmdkion  <f  SaiUh  AmeHea. 


-                                                 _       -                                             |S,074  4f 

10.  Sequestered  property  returned     -            -  -  ....  l^M  Q 

11.  Pennoni  charged  on  the  Jesuits  estotee  -  ....  «,T74  H 
1%.  To  the  tribunal  of  the  mines        --  ''...-  11,M8  ft 

la  To  the  hospitals .            -•          .  87»408  1 

14.  Returns  from  the  mint     -           '  ui- u  '     ♦  "I           ...           -  1,051  8i 

16.  Expenses  of  the  weighmasler'sest^ilishment  -           -                       ...  1,9000 

•nny,  Ac.        -  '     ,      '  '  "  I  .  -  -  -         1»,281  7f 

18.  Consolidated  arrearages  of  debts  .  -  -  ....  6,940  ^ 

19.  Paid  on  account  of  depositee        -'''....            i;»7  9 
80.    Interest  on  consolidated  capital     -            -           -           *           ^           ^            ^            .            I^g57  ^ 
Jl.    For  the  making  of  powder  for  the  mmes-           -           -                       _           ^           ^            L490  M 
m.    POTthepurchaseof  salt,  on  account  of  th«  State  -  ■ 

•1,010,047  M 
3,886  7| 


Rfunaining  in  the  treasuij 


GsirxAAL  TmiAiirmT  ot  Savtiavo,  June  30, 1813. 


$1,013,434  H 


RAFAEL  CORREA  DS  8AA» 
JOSE  ZIMENES  TElfDUiLO. 


No.  6. 

arm^,  and  of  tU  imlUia  of  ike  SlaU  of  Chth, 
imehOKngikdUf^  ike  Andes. 

mxvvLAm  Tmoovs. 
10  battalions  of  in&Btry,  of  600  each  • 
3  regiments  of  caTslij       .        .        .        - 
3  battalions  of  artiUeiy,  of  600  each - 


8,400 


XILITIA. 

30  battalions  of  infantry,  of  720  eadi 

32  battalions  of  cavalry,  of  600  each  • 

3  companies  of  artilleiy  ... 


16,400 

13,300 

360 

28,960 


IMe.  There  is  actually  forming  a  marine  brigade  of 
artilleiy  of  one  hundred  and  fifty  men,  and  there  will 
be  organized,  in  a  few  days,  a  marine  brigade  of  five 
hundrad. 

Est.  Mat.  si  Savtiaoo  ni  Cniu, 

July  8,  1818. 

No.  7. 
A  ittiement  oftheveeeeiewhiek  eompoee  the  mUunwl 
mannetf  ChiU,  and  the  pHwOeere  thai  hmebeen 


guns. 


TBSSUS  OV  WAM 

The  ship  Lautaro,  of  - 
The  frigate  San  Martin,  of  * 
The  frigate  Chacabuco,  of  . 
The  corrette  Coquimbo,  of  - 
The  brig  Aquila,  of  -  - 
The  hrig  Buenos,  of  • 
Three  gunboats.    One  sloop. 

pmiTATBims. 

The  ship  Minerva ;  the  brig  Ghilino ;  the  brig  Pu- 
rioso ;  the  brig  Rayo ;  and  the  brig  Maipu. 

These  are  the  priTateers  commissioned  by  the  Sec- 
retaiy  of  Marine,  but  it  is  not  yet  known  vriiethtr  any 


63 
36 
33 
33 
18 
14 


have  been  armed  by  virtue  of  ounmisaions  sent  to  Bue- 
nos Ayres,  and  other  points  of  America;  nor,  &» ^ 
present,  the  particulars  relative  to  the  arming  of 
other  vessels. 
Savtzaso,  Jufy  8, 1818. 


ProdanuOion  of  the  hidependenee  af  OiU. 

TB9  8UPBBMB  DIRBCTOB  OF  THE  STATB. 

Force  has  been  the  supreme  reason  which,  dar* 
ing  upwards  of  three  hundred  years,  has  main* 
tained  the  new  world  under  the  necessity  of 
reverencing  as  a  dogma  the  usurpation  of  ito 
rights,  and  seeking  therein  the  origin  of  its  moeC 
important  duties.  It  was  evident  that  a  day 
should  come  when  this  enforced  submiiuoa 
should  cease ;  but,  in  the  meantime,  it  was  im- 
possible to  anticipate  it }  the  resistance  ot  the  in- 
ferior  against  the  superior  stamps,  witii  a  sacri- 
legious character,  his  pretensions,  and  serres  only 
to  discredit  the  jusUee  upon  which  they  ate 
found^.  For  the  nineteenth  century  was  re- 
served the  upectacle  of  bearing  inaoceBt  Ameriea 
claim  her  rights,  and  show  that  the  period  of 
her  sufferings  could  continue  no  longer  than  that 
of  her  debility.  The  revolution  of  the  18th  Sep- 
tember, 1810,  was  the  first  effort  CbOt  made 
towards  accomplishing  these  high  destinieS|  to 
which  she  was  called  by  time  and  nature.  Her 
inhabitants  ha?e  f  iven,  since,  proofs  of  the  ener- 
gT  and  firmness  of  their  will,  scorning  all  the  n- 
cissitndes  of  a  war,  in  which  the  Spanish  Gor- 
ernment  has  wished  to  show  that  her  policy  to- 
wards America  will  surrife  the  orerthrow  of  all 
abuses.  This  conTiction  has  naturally  suggested 
to  them  the  resolution  of  separating  themselres 
from  the  Spanish  monarchy,  and  proclaiminjr 
their  independence  in  the  face  of  the  whole  world. 

But  the  actual  circumstances  of  the  war  not 
permitting  the  convocation  of  a  National  Ccm- 
gress  to  sanction  the  public  vote,  we  have  ordered 


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AFPBNBIX. 

ComUiiim  cf  South  Ameriea. 


2238 


that  a  register  shoald  be  opened,  in  whieh  all  the 
citizens  of  the  State  might  declare  for  themselves, 
free  and  spontaneously,  their  votes  for  the  urgent 
Decessitf  of  the  GoTernment  proclaiming  imme- 
diately their  independence,  or  for  delaying  it,  or 
for  the  negatire  \  and,  having  found  that  the  i^en- 
erality  of  the  citizens  have,  irrevocably,  decided 
for  the  affirmative  of  this  proposition,  we  have 
thought  proper^  in  the  exercise  of  the  extraordi- 
nary power  with  which  we  have  been  vested  by 
the  peoples  for  this  particular  case,  to  declare 
solemnly,  in  their  names,  in  the  presence  of  the 
Almighty,  and  to  make  known  to  the  great  con- 
federation of  mankind,  that  the  continental  terri- 
tory of  Chili,  and  her  adjacent  islands,  form,  in 
fact  and  right,  a  free,  independent,  and  sovereign 
8tate,  and  are  forever  separated  from  the  mon- 
archy of  Spain,  and  fully  qualified  to  adopt  the 
form  of  government  most  convenient  to  their  in- 
terests. And.  in  order  that  this  declaration  may 
have  all  the  rorce  and  solidity  which  must  char- 
acterize the  first  act  of  a  free  people,  we  warrant 
it  with  the  honor,  life,  fortunes,  and  all  the  social 
xelations  of  the  inhabitanu  of  this  new  Sute. 
pledging  our  word,  the  dignity  of  our  station,  ana 
the  honor  of  the  arms  of  our  country :  ana  we 
order  that,  with  the  books  of  the  grand  register, 
the  original  act  shall  be  deposited  in  the  records 
of  the  corporation  of  Santiago,  and  circulars  de- 
spatched to  the  towns,  armies,  and  corporations, 
to  have  it  sworn  to  immediately,  in  order  that 
the  emancipation  of  Chili  may  be  coafirmed  for- 
ever. 

Qiven  at  the  Directorial  Palace  of  Conception, 
on  the  first  Januarv,  1818,  signed  with  my  hand, 
and  countersigned  by  our  Ministers  and  Secreta- 
ries of  State,  for  the  Departments  of  State,  Treas- 
ury, and  War. 

BERNARDO  X)'HiaGINS. 

MiaUSL  2«ANABTU, 
HlPOLITO  DB  VlLLECUa, 
JOOX  lOMAOIO  ZbNTBHO. 

E. 
ManyettOjOddreised  to  aU  nationa  by  the  Su- 
preme  Director  of  CMlif  on  the  fnotivcM  which 
juitify  the  revolution  of  that  country ,  and  (Ae 
deciaratian  qfite  independence. 

When  the  justice  of  the  cause  of  America  is  no 
loQger  an  object  exclusively  consigned  to  the 
pens  of  philosophers,  who  so  vi^rously  anticir 

Sated  its  defence  that  their  writings  were  eon- 
emaed  by  the  inquisition ;  when,  to  examine  this 
oause,all  civilized  nations  are  now  at  work,  judc- 
ing  rather  by  the  probable  issue  of  its  struggle 
than  by  the  rectitude  oi  the  principles  of  our 
•mancipation,  in  which  they  are  all  unanimously 
agreed,  (for  these  princi}>le$  are  no  other  than 
those  proclaimed  by  Spain  in  the  maintenance 
of  her  own  sovereignty,  and  in  the  vindication 
of  her  resistance  against  the  oppression  of  the 
French ;)  in  fine,  when  the  succeeding  genera- 
tions are  not  in  need  of  having  recourse  to  the 
press  to  know  the  history  of  our  events,  better 
pceeerved  on  the  pagas  of  uberty,  from  age  to  age, 


by  tradition,  it  may  seem  unnecessary  to  produce 
the  reasons  which  actuated  the  inhabitants  of 
Chili  to  declare  their  independence,  if  custom 
and  respect  for  the  dignity  of  other  nations,  at 
whose  side  we  are  goin^  to  range  ourselves,  did 
not  make  it  requisite,  besides  being  justly  expected 
as  due  to  our  own  honor. 

Indeed,  for  the  happiness  of  mankind,  that 
gloomy  era  ia  at  present  no  more  when  the  learned 
of  Europe  were  lamenting  the  shameful  state  of 
the  colonies;  yet  in  us  it  was  considered  a  crime 
to  complain.  At  that  epoch,  even  all  the  recollec- 
tions of  the  conquest  were  forbidden,  save  only 
to  praise  the  bloody  arm  of  the  usurpers.  Those 
times  of  chivalry,  when  the  absurd  practice  of 
duelling  arose,  and  which  gave  birth  to  the  pre- 
tended right  of  the  strong,  exist  no  more;  bat 
this  right,  obscure  in  itself,  and  as  inconsistent  as 
violence  and  content,  without  which  no  maa 
can  exercise  dominion  over  his  fellow-creatures. 
Abuse  undermined  the  very  foundation  of  the 
right  erected  upon  it;  for  the  subjeeU  were  free 
to  recover  their  liberty  by  force,  or  the  bmuibm 
of  their  losing  it  was  illegal. 

Such  is  the  fact  with  respect  to  Ameriea: 
Spain  invading  our  coasts  under  the  sacrilegioiis 
pretence  of  religion,  profaned  by  those  false  apoe- 
tles^-Hnen  who  came  to  preach  the  gospel,  but 
searched  only  the  mines  of  the  mountains,  as  the 
surgeon  who  comes  only  to  bleed  looks  after  the 
blood  vessel,  but  never  after  attempted  to  legalise 
this  hideous  title,  at  least  by  that  expedient  which 
statesmen  devise  to  give  validity  to  the  famous 
diploma  of  conquest,  the  consent  and  ratification 
of  the  people.  Instead  of  this,  America,  without 
the  least  participation  in  the  Cortes  convened, 
and  subservient  to  the  capricious  will  of  tha 
monarch,  was  bound  by  the  superstition  of  an 
oath,  administered  without  authority  by  a  muni- 
cipal officer  who  had  indecorously  procured  his 
office  at  auction ;  and  precluded  from  discussiuff 
the  motives  of  her  passive  obedience— condemned 
in  short  to  slavery,  without  the  privilege  of  re- 
monstrance—she would  have  lost  with  the  liberty 
of  speech  even  the  recollection  of  her  wronn.  if 
it  had  been  as  easy  to  forget  as  to  be  silent.  Bat 
these  evils  were  repeatedl)y  a  fixed  system  in  the 
policy  of  the  tyrants,  and  our  complaints  auffin 
cated  in  the  noise  of  our  chains.  The  insolence 
of  the  oppressor  increased  with  our  patience. 

The  miserable  residue  of  the  aborigines,  who 
survived  so  many  millions  of  victims,  and  who 
moved  and  roved  in  different  tribes,  as  the  piles  of 
sand  in  a  desert,  preserve  in  their  mournful  his- 
tory the  memory  of  their  persecutions,  and  show 
very  clearly  their  repugnance  to  the  yoke  in  the 
perpetual  war  they  have  always  carriaa  on  agatnet 
our  frontiera,  and  which  interropis  our  tranquil- 
lity. What  argument,  then,  can  Spain  produce  in 
her  favor,  hated  as  she  is  by  the  natives,  and  resist- 
ed by  the  sons  of  the  conquerors  so  soon  as  they 
were  able  to  make  known  their  wishes  without 
the  impending  fears  of  the  dungeon  7  We  claim 
that  right  which  a  slave  may  claim  aghinst  a 
cruel  master;  the  right  of  a  man  who,  arrived 
at  the  age  d*  maturity,  feels  able  to  provide  for 


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23M 


Jkpjfjmsasi. 


aaco 


CmMtkii  ef  ISkmth  AmerieA. 


kimatlf  by  hia  own  exertions  ud  indastry ;  tlM 
vigkl  of  a  person  whose  minoxily  has  expired, 
but  who  is  gentroos  tnou^  not  to  etU  his  gnnrd* 
inn  to  an  aeeonnt ;  the  right  of  a  cierk,  richer 
than  his  employer,  whO)  instead  of  espeotiog 
protection,  can  offer  snpporu  But  all  these  ex* 
amples  fall  very  far  short  of  our  case.  We  hold 
this  land  as  onr  eooatry  by  birthrighL  We  here 
first  saw  the  light  and  receired  the  ciYiUzation  of 
ihaaM. 

Allthe  efibrts  of  tyianny  cannot  preraii  agatosi 
this  right  of  nature.  We  compose  a  civil  asso- 
elaitoB,  as  free  as  that  formerly  conquered^  Yet 
Spain,  not  less  cmd  to  either  or  both  of  them, 
adhedng  to  her  system  of  death  and  desolation, 
hmM  aflided  us  by  har  laws  with  all  the  horrors 
ofunBUttad  daring  the  conquest  Let  as  pass  in 
«lente  that  code  of  the  Indies  calcalated  for  the 
•docalion  of  slaves  under  the  eedesiaticai  feud^ 
al«Nn  of  the  curates  and  the  shocking  lordships 
of  the  enoooMendas.  That  humble  portion  of  the 
speeies  for  whooi  the  barbarous  decvees  of  the 
leahellas,  Ferdinands,  Philipn,  and  Charleeee  were 
promulgated,  exists  no  longer  in  our  community. 
A  OMee.onAightened.  peopte  hsrc  followed  after 
thoea  dofMtatloQs,  who  are^  of  course,  the  moie 
seMiMfl  o£  the  infitmy  of  the  three  centuries  pr#- 
nniing* ,  The  sister  prorinces,  who,  befbre  as, 
hare  coiistiUited  theoselvts  independent  Biaiee, 
hero  aif  eady  prodaoed  to  the  world  a  picture  of 
vexations  so  horrid  as  excites  the  astonishment 
of  nations  at  our  sufferings  and  our  patience,  and 
hava  saTod  us  the  trouble  of  repeating  it  in  this 
exiles^ ;  for  the  system  ti  oppression  and  depre^ 
dationa  has  been  uniyersal,  and  the  ravages  of 
sanpitude^  supported  by  the  contrivances  of  the 
Most  inhuman  despotism,  too  common. 

The  object  of  government  being  no  other  than 
to  praoure  to  men  the  security  and  prosperity  of 
society,  how  ean  it  be  supposed  that  the  people  of 
Amettea  would  have  submitted  to  misery  and 
humiliaiion?  Who  would  believe  that  Ameri- 
cans) possessing  the  most  precious  soil  in  the  uni- 
verse, would  submit  to  live  in  it  only  to  moisten 
its  fields  with  their  iear&  and  to  obey  sacrilegious 
e^ts  inhibiting  the  productions  of  nature  ?  For 
alive  trees  and  vines  were  ordered  to  be  pulled 
up' by  the  roots  in  Chili,*  that  they  might  rtoeive 
oil  and  wine  from  the  Peninsula.  Were  we  to 
take  feom  Cadix  the  regulations  of  our  passive 
trade?  Ware  we,  in  thii  exclusive  ineereotirse, 
to  Uve  fettered  by  resltiotions  similar  to  those  ex- 
Sfaiasd  by  the  Oovenment  of  Juan  Fernandss 
aver  miserable  convicts?  Were  we  to  see  our 
aoasts  abandoned  to  t|ia  enterprise  of  every  in* 
vadeiv  ^^J^  ^^  drainiag  ftom  as  fifty  mil^ 
lions  of  dofiais  in  duties  oikler  the  pretence  of  its 
defirnoe^  with  vesaela  which  nevar  appeared  bat 
to  commit  hestaities  against  ourselves?  Were 
we  to  he  exoludod  inm  intercourse  with  other 
nations;  tvbe  condemned  to  boy  for  ten  what 
they  may  sell  to  us  for  one  i  and  to  see  aU  foreign- 
•Hidriven  from  Chili  with  the  literMore  of  their 

*By  «  foytti  eoimnand,  by  advice  of  As  Cotmcil  of 
«ie  Indies,  (csdnla  of  I6tli  Octebsr»  \79r.) 


Iraguaga  7^  That  under  a  monopoly  of  every 
kind,  and  even  of  ideas,  the  freedom  of  the  picas 
and  of  thought  prohibited,  and  our  university 
forbidden  from  disenssing  the  pretended  prerosa^ 
tives  of  the  monarch  of  the  Indies,  lest  the  title 
of  his  void  and  shameful  dominion  should  be 
known  ?  In  short,  that  when  our  arohives  were 
stuffed  with  regulations  of  etiquette  and  ceremo- 
nies about  the  appeals  called  the  one  thommid  aM 
Jhe  hmndred^  bought  with  the  subotance  and  de- 
spair of  the  petitioner,t  and,  respecting  p^ctmunry 
privikgeti  which  from  the  distance  of  three  thou- 
sand leagues  were  distributed  to  the  highest  Ud- 
der, we  ehould  be  indifferent  to  our  fkte,  and 
ought  to  receive  with  cheerfirioess  the  gifts  of 
our  masters. 

How  was  it  practicable  for  then,  amidst  tfte 
intelligence  of  uie  age,  to  preserve  their  preteu^ 
sions,  after  we  had  become  ashamed  of  so  many 
years  of  sofleriag,  alter  our  rude  infancy  was  oviAr, 
and  whe»  we  had  been  more  marked  fbr  our 
unfortunate  habitual  obedience,  than  the  cou^ 
quaet  of  Amerte  for  its  importance  to  the  three 
quartera  af  the  globe  then  known  ?  Has  not  tha 
nsoment  yet  arrived  for  excelling  the  debtcofl»> 
tracted  by  the  pledge  of  the  jewels  of  Isabella  fbr 
the  expedition  of  Columbus?  Are  we  yet  dd>t>- 
ors,  after  the  millions  exported  to  Madrid  ?  No ; 
the  revolution  of  Spain  and  theofaetinaey  of  oat 
executioiien  have  plaeed  in  our  hands  the j>oWfr 
of  ca»tin|  effthe  burden^  To  suflbr  this  /avoiw- 
ble  ocoamen  to  pass  by,  is  to  become  responsible 
to  posterity.  To  learn  our  rights  from  the  tn*> 
struetions  given  by  Spain  herself,  and  y^t  not  to 
secure  them  in  a  solid  independence^  woald  be  a 
crime  deserving  the  execration  of  our  sons,  and 
the  opprobrium  of  the  present  generation.  We 
have  declared  it^  and  the  sighs  foroed  from  us  by 
the  hostilities  of  onr  unreasonable  antagonists 
shall  be  sweetened  by  the  satisfoetion  of  insuring 
to  the  ofispring  of  the  conquerors  that  li^eriif 
of  which  the  Spaniards  stripped  their  ancestors. 

We  want— we  can— (hen  we  ought  to  be  free. 

Here  is  a  conclusion  drawn  most  precisely  from 
antecedents,  as  evident  in  foct  as  in  right. 

We  shall  not  question  Spain  any  more  about 
the  right  she  can  plead  affsuost  us.  Let  us  con- 
sider'those  she  has  aUeged  in  favor  of  her  sover- 
eignty, after  the  imprisonment  of  Ferdinand;  let 
utf  regard  her  conduct;  let  us  compare  her  pro- 
eeediags  with  ours;  and,  mindfbl  of  her  circam'^ 
stancm  and  station,  we  must  inevitably  conciuda 
in  fovor  of  the  jastice  of  our  own  cause. 

Thenewsof  thecoronationofBVrdinand  reaebed 
us  tosether  with  the  tidings  of  hb  imprisonment, 
and  the  mysterioua  history  af  the  scenes  of  the 

*  An  order  of  the  1st  of  September,  17604 
t  A  &moiis  appeal  in  the  Spanish  jorisprudsncsb 
known  by  the  name  of  one  thousand  Jive  kundrei 
from  the  supreme  court  in  Spain,  where,  to  reviss  the 
case,  it  was  necessary  to  enter  into  a  bsil  far  that 
amonnt  of  rials.  The  slowness  of  its  prooeedhigs 
passed  for  a  proverb,  and,  by  the  people,  the  name  of 
•ne  thousand  five  htmdred  wss  imderstood  to  be  itue 
number  of  years  far  the  trial.-»Tnax»aTOX. 


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2241 


APPENDIX. 


2242 


Condition  of  SoiUh  Amtrica* 


BscorLal,  Aranjaez,  and  Bayonoe.  At  that  very 
time,  the  Janta  of  Seville  invited  as  to  send  dep- 
uties to  the  Central  Gk)verninent ;  for  America 
having  no  part  in  such  a  centre,  it  was  quite  un- 
worthy of  that  name;)  for  the  first  time  America 
was  declared  "to  be  an  integral  part,  equal  in 
rights  to  the  rest  of  the  monarchy,  and  no  more 
a  colony  or  factory,  as  were  those  of  other  na- 
tions ;'*  she  was  informed  of  the  establishment  of 
the  provincial  Juntas,  their  object,  form,  and  attri- 
butes; she  heard  the  noble  privileges  of  man, 
the  sacred  principles  of  the  social  compact ;  the 
rights  of  the  people,  and  the  return  to  the  exer- 
cise of  sovereignty,  held  before  by  the  King  as 
their  agent,  then  disabled  to  continue  in  his  func- 
tions in  virtue  of  his  captivity;  finally,  we  were 
assured  of  the  happy  prospect  of  having  a  con- 
stitution to  restrain  the  arbitrary  conduct  of 
Government,  and  guaranty  the  citizen  in  the  pro- 
tectioa  of  the  law  by  his  representatives  in  a 
Natiooal  Congress.'*' 

The  stroke  of  light  was  too  strong  not  to  pene* 
trate  the  most  obscure  mind,  not  to  raise  the  most 
thoughtless  spirits.  The  idea  of  the  sovereignty 
excited  that  instinct  of  independence  born  with 
man.  Tet,  united  to  the  fate  of  th«  Peninsula, 
it  formed  in  the  heart  a  contrast  between  the  ha- 
bitual wishes  for  the  prosperity  of  the  metropolis, 
and  the  necessity  of  providing  for  us  in  case  of 
that  country  falling  under  the  victorious  armies 
of  France.  The  diffident  and  menacing  vigilance 
of  our  chiefs  inclined  the  scale  to  this  side,  and 
induced  us  to  believe  that  the  generous  excep- 
tions of  the  liberal  from  the  other  side  of  the  At- 
lantic were  mere  artifices  to  maintain  America 
yoked  to  the  chances  of  fortune.  Besides  this, 
every  criticism  on  the  events  of  Spain  was  deemed 
a  treason  ;  and  to  repeat  the  flattering  proclama- 
tions of  her  Gtovernment  was  in  us  considered  as 
the  sound  of  perfidy.  Our  assemblies  were  closely , 
watched,  and  every  man  of  sense  had  a  sentinel ' 
placed  over  him.  This  was  the  plan  formed  in 
the  closets  of  the  inferior  tyrants.  At  Venezuela, 
the  citizens  Ortiga,  Rodriguez,  and  lanz,  were 
exiled  from  their  families  oy  limparan ;  Roxas, 
Ovalle,  and  Vera,  in  Chili,  by  Carrasco.  That 
Governor  ordered  his  assessor  to  be  admitted  to 
his  fuDCtioBs  forcibly ;  here  Carrasco,  surrounded 
by  bayonets,  save  possession  to  a  like  officer  of  the 
first  seat  in  the  Cabildo.  At  that  moment  fears 
began  to  be  superior  to  hope,  and  personal  free- 
dom began  to  engage  the  sentiments  of  the  people. 
With  some  doubts  about  the  fidelity  of  the  chief,  a 
part  of  the  inhabitants  observed  that  the  conduct 
of  this  man  was  in  contradiction  with  the  promises 
of  the  Spanish  Government ;  and  from  Spain  he 
was  advised  that  the  greater  part  of  her  ministers, 
counsellors,  generals,  nobles,  and  bishops,  had  ad- 
hered to  the  French  party.f  We  noUced  the  re- 
moval from  office  of  the  Peninsula's  chiefs;  the 

*  Orders  of  tfte  19ih  and  30th  March,  of  the  30th 
September,  1806 ;  of  the  1st  and  22d  January,  and  the 
manlfMo  of  the  88th  October,  1809. 

tOrders  of  the  38lh  of  July,  1808,  of  the  14th  of 
Pehraaij,  83d  of  March,  and  S4th  of  May,  1809. 
15th  Con.  1st  Sssa.— 71 


inactivity  of  their  successors ;  and  the  expedient 
adopted  by  the  people  for  their  safety,  in  the 
erection  of  Juntas.  The  news  of  one  having 
been  established  at  Buenos  Ayres  put  Chili  in 
motion.  Carrasco  hoped  to  pacify  it  by  the  hypo- 
critical recall  of  the  exiles,  which  was  detected 
and  treated  as  a  fraud^  and  the  governor  deposed. 
The  Spaniards  residing  at  Santiago  were  the 
most  strenuous  for  his  removal,  and  the  command 
was  conferred  on  brigadier  Count  de  la  Cori- 
quista,  as  senior  officer,  according  to  ancient  reg^ 
ulations.  The  oidores  trembled  at  the  aspect  of 
this  alteration,  which  seemed  to  them  a  presage 
of  the  expiration  of  their  authority ;  their  con- 
sciences accused  them  of  having  subscribed  too 
pliably  with  their  advices  the  treacheries  of  Car- 
rasco. They  believed  that  the  occasion  for  pro- 
moting discord  agreeably  to  the  secret  order  of 
15th  of  April,  XSIO,  had  arrived;  and,  in  faet, 
thev  excited  it  between  Americans  and  Spaa- 
iards.  A  meeting  was  proposed  from  the  naosl 
respectable  persons  of  both  parties ;  and  the  re- 
sult was  to  coorvene  the  people  for  the  18th  of 
September.  On  this  ever  memorable  day  was 
established  the  Supreme  Junta  to  rule  over  the 
c(A]ntry  in  the  name  of  Ferdinand  VII^  with  aoh- 
mission  to  the  regency  erected  in  Spain  over  the 
ruins  of  the  Central  Junta.  The  then  sympathy 
for  the  misfortunes  of  a  suffering  King,  the  ha- 
bitual respect,  and  the  spirit  of  imitation,  were 
more  powerful  than  the  sense  of  onr  righce. 
Yet,  called  by  the  order  of  evenu,  the  intelli* 
geoce  of  the  age,  and  a  just  regard  to  our  inter- 
ests, there  were  heard,  even  then,  some  voices  for 
independence. 

Our  new  Government  was  approved  by  the  re- 
gency. But  this  approbation  was  a  snare  to  the 
candor  and  generosity  of  Chilinosj  to  make  them 
a  prize  to  the  contemplated  bloody  invasion  which 
was  ordered  to  be  made  by  the  Viceroy  of  Peru. 
We  should  have  calculated  on  this  after  seetag 
our  brethren  in  Buenos  Ayres  proscribed,  Ca- 
raccas  blockaded,  and  the  tyrant  Bftelendez  direct* 
ed  to  practise  the  most  cruel  severities.*  Tbua 
it  was,  amidst  oar  most  fhuik  intercourse  with 
Lima,  in  the  season  when  our  produce  was  ex* 
ported  to  Cailao,  when  $1^,000  had  just  been 
acknowledged  to  have  been  received  in  Spain  t 
by  this  consulate,  and  of  $900,000  by  the  trea»* 
ury,  togetiier  with  a  voluntary  coatributioa  to 
assist  Spain  in  her  afflictions,  that,  as  if  waiting 
for  this  assistance  to  proceed  to  our  extermination, 
Pareja  landed  at  St«  Vincentas  with  the  armf  of 
devastation,  in  the  name  of  Ferdinand  Vll. 

Then  we  brought  to  our  recollection  what  the 
regency  had  told  ua^  that  to  this  name  woold  hm 
forever  united  the  epoch  of  the  regeneration  and 
happiness  of  the  monarchy  in  both  hemisphevei|$ 
that  our  destinies  did  no  longer  depend  on  the 
viceroys  and  governors ;  that  they  were  in  nor 

•Orders  of  the  Sd  of  Angosl,  and  4th  Septealiaa, 
1810. 

t  Letter  from  the  Spanish  Government  of  16th  An- 
gust,  1810. 

X  Manifesto  of  the  14th  of  Pebmaiy,  1810. 


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Condition  qf  South  America. 


^H 


own  bands ;  and  we  asked  oarselves  what  that  | 
equality  of  rights  was  with  which  they  had  flat- 
tered as,  when,  on  making  use  of  it,  they  judged 
«8  " guilty  of  high  treasonable  innoyation.''    We 
looked  to  the  causes  that  produced  the  regency 
in  Spain,  and  we  argued  thus:  "The  people  of 
the  Peninsula  have  founded  their  reToIution  on 
BO  other  title  but  the  exigency  of  the  circuia- 
stances.    Why  should  not  the  people  of  America 
be  proper  judges,  as  well  as  the  people  of  Spain, 
to  decide  whether  they  are,  or  are  not,  in  the 
same  pressing  necessity  ?    From  the  moment  the 
Regency  and  the  Cortes  proclaimed,  as  the  only 
kepe  of  their  authority,  the  sovereignty  of  the 
people,  they  lost  all  pretension  to  command  any 
people  who  wish  to  exercise  their  own.    If  tire 
eofereignty  emanate  from  the  Spanish  people, 
aid  if  that  people  have  no  ix)wer  over  the  Amer- 
liaaiis,  who,  as  Spain,  are  an  integral  part,  and^t^e 
pdncipal  part  of  the  nation,  why  coula  we  not 
eawailves  represent  the  King,  and  aetin^is  name, 
as  IS  done  by  the  same  persons  who  declare  us 
rebels  1    Have  thejr  received  from  the  captive 
some  special  commission,  which  has  not  reached 
va,  besides  the  order  from  Bayoone,  to  admit  the 
■aw  dynasty  of  Nanoleon.  which  thev  resist  with 
so  mach  heroism  1    And  what  with  them  is  a 
lartoe  and  a  right  cannot  be  with  us  a  crime.    If 
Spain  does  not  submit  to  the  French,  although 
Ihey  intend  to  command  her  in  Ike  name  of  fSr- 
dmandf  and  by  rirtue  of  bis  resignation,  with 
more  reason  shall  we  repulse  those  who  bring 
war  to  us  in  that  same  name,  because  we  have 
preserved  him  at  the  head  of  our  Qovernment, 
anid  lavished  an  undeserved  gratitude  to  persons 
who  were  traitors  to  their  own  principles/' 

Thus  we  were  undeceived  about  the  true  mean- 
vaa  of  those  theories  as  brilliant  as  they  were 
•educing,  and  we  discovered,  on  the  reverse  of 
the  talisman,  that,  under  pretence  of  restoring 
him  to  the  throne  usurped  from  his  father,  they 
concealed  the  fraudulent  design  of  stamping  on 
at  and  our  posterity  a  more  fatal  slavery  than  in 
fetner  times,  and  that  this  was  their  urgent  mo- 
tive for  ordering  all  the  schools  to  be  closed,  that 
WEe  might  only  1^  employed  in  remitting  to  Spain 
men,  moaey,  provisions,  with  blind  obedienee*^ 
Wmd  we  cast  our  eyes  on  the  map,  we  considered 
(he  natural  and  political  position  of  Spain,  and 
wm  were  amaseo  that  we  had  not,  for  so  many 
years,  dropped  the  cortain  in  this  comedy,  where 
|he  performers  from  the  small  theatre  of  a  penin- 
aalac  angle  of  Europe  have  kept  in  silent  admi* 
latfan  a  whole  world,  without  tiring  and  di^gast* 
ing  us  by  the  ualformity  of  a  plot  cotiducted 
Ihaugh  the  wiles  of  mere  intriffue,  and  the  de- 
nouement of  which  could  visibly  be  no  other 
but  the  discharge  of  a  thousand  lightnings  on  the 
speetators. 

We  reflected,  and  said  to  ourselves,  ^  Shall 
iwtDty-two  ibtmsaad  square  leagues,  and  a  mil* 
lion  of  inhabitants,  animated  with  the  temper 
and  sobriety  of  the  Araucanos,  be  kept  depending 
on  a  point  of  the  old  hemisphere,  which  begs  its 

•  Order  of  the  SOth  April,  1810. 


resources  from  us,  which  perishes  without  thenti 
lives  by  them,  and  endeavors  to  destroy  us  with, 
them?  Since  when  has  the  distinction  of  social 
relations  been  so  absurd,  that  the  maimed  must 
serve  his  crutches?  that  the  infant's  mouth 
changes  the  milk  into  blood,  to  spit  it  into  the 
face  of  his  nurse?  that  the  needy  rises  up  aad 
wishes  to  command  his  benefactor?  Whence 
did  that  legislation  sprine,  by  which  neither 
mature  age,  nor  sound  judgment,  nor  opulence, 
nor  jproper  disposition  Tor  administration,  n^ 
superiority  of  forces,  nor  any  of  the  many  ele- 
ments favorable  to  individual  liberty,  cannot j^ro- 
cure  liberty  to  a  whole  nation  ?  Who  has  dic- 
tated that  code  which  authorizes  the  ireacherous 
and  uoffrateful  to  be  a<Iored  by  thtr  ofien^d,  aad 
have  tneir  crimes  ssncibtied?  Aod  who  has 
deprived  us  of  our  i Die) lee t?,  that  we  do  not  div 
cover  the  cruelties  of  Spain,  even  in  the  imprur 
dent  gifts  of  her  faTors?  Called  (o  the  Cortea, 
with  an  equal  represeatatioD,  we  see  a  member 
for  every  thirty  thousand  peoiasulars,  and  hardly 
a  million  of  us  is  a  sufficient  number  to  elect  one! 
There  the  suffrage  k  popuUr;  here  it  is  coiisigned 
to  the  vote  of  a  pre^iideQt,  under  the  sanction  oi 
corporations'.  There  the  forEu  of  elections  doea 
not  vary;  here  each  mail  brings  us  new  forma, 
with  the  view  that  we  should  never  be  repre- 
sented by  any  power  tban  thai  of  substitutes, 
introduced  with  as  much  le^Uty  as  the  deputies 
of  the  Congress  of  Bayonue;  some  unknown  to 
the  people  they  represented,  and  others  objected 
to  expressly  by  their  constituents;  not  one  of 
them  with  proper  credentials^  and  every  one  of 
them  placedthere  by  peninsular  influence.'*'  There 
they  trade  freely  with  all  nations;  and  here  they 
shut  our  ports  to  even  vessels  from  England,  to 
whose  alliance  Spi^in  owes  all  her  power:  and 
they  are  not  ashamed  to  declare  as  null  and  void 
a  decree  of  the  17th  of  March,  18D9,  which  it 
was  supposed  was  favorable  to  a  free  trade.t 
There,  all  foreign  periodical  papers,  literary  pro- 
ductions, liberal  opmions  of  statesmen  and  phil- 
osophers, formerly  stifled  by  despotic  terror^  and 
now  rendering  homage  to  nature  and  to  the  ele- 
ments of  civilization,  are  freely  circulated;  aixd 
here  they  have  prescribed  even  national  produc- 
tions, the  liberty  of  the  press,  and  all  writings  re* 
lating  to  the  Spanish  revolution,  except  the  min- 
isterial papers  of  the  regency,  recoinmending  to 
the  inquisition  the  most  scrupulous  and  responsi- 
ble vi^ilancCjt  and  pretending  that,  to  enlighten 
Chili,  It  was  ooly'necessarv  to  send  twenty  mia* 
sionaries,  to  fill  up  the  number  of  the  missionaries 
in  Chilian,  in  order  that  the  holy  religion  shoul4 
not  be  lost  for  want  of  ministers.  Such  b,  in 
1810,  the  language  of  the  regepcv  who  orders 
our  treasury  to  pay  the  passage  of  tnose  faoaticsi 
to  the  great  honor  of  our  priests,  and  the  piety 
and  understanding  of  the  country.f    Such  is  the 

•  Orders  of  October  6, 1609,  and  2901  Manl^  WO^ 
t  Orden  of  10th  July,  and  27ih  4une,  1809. 
I     {Cedule  of  1st  Jaauazy,  1809,  and  ordeisef9Ult 
ApriU  1810. 
I  Orders  of  the  13th  and  19th  JTu^,  |809. 


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ftajad  tfy9tem  of  •qvaJity  and  ckvadQli  tbey  oflfor 
««.  Saeh  i»  ibe  •xpreMioa  of  flatietf  tbty  bave 
subatitnted  to  tbe  deodcs  with  which  thtf  for- 
met  If  robbed  the  artless  Indians  of  their  treasures, 
80d  with  whiob  fttHery  the^  ifttead  to  deprire 
u«  of  our  feelififs  aad  iostinet,  aeeompaaying 
iWse  words  with  bayonets,  that  they  may  ester- 
Bunate  us  in  case  we  sbo«ld  rely  in  the  faith  of 
their  promises.  What  deceoey  and  circumspce* 
tioa  in  these  pretended  sovereigae !" 

As  we  were  tahen  up  with  theae  consideration, 
\l  the  light  of  the  ftre  of  the  war  they  had  kindled, 
%,^  felt  ashnmed  of  our  improvidence  and  geaer* 
osit7,  and  a  vnirereei  ory  of  independeace  was 
tJie  e^Eeot  of  rewKwse  drawn  out  by  justice  and 
|lie  sigdt  of  QUf  eirilsh  The  least  of  those  mo- 
taneis  He  were  ooQtenpdaitiag  was  snffieieat  to 
A^ti^t^  iadejpend«see.  Howevee,  satisfied  wkii 
4li#.  Vj[>ee  01  a  tnumph,  whieb,  by  u«deoei?ing 
•uc  aggressors,  should  reduee  them  with  the  arms 
of  persaasiM^  We  delayed  this  august  aet  te 
whieh  we  were  compelled  br  nature,  tim^  and 
our  sucoessea*  WofoflghtaAdvaaquisbed.  Oar 
ar«i%  covered  with  glory  ia  the  baillea  of  Yerbas 
9cieno)s  Saa  Carlos,  SU  Roble,  Conception,  Tal- 
eahfuana,  Cueha,  Membrilkr,  and  Claeehereguas, 
teoughr  us  to  that  crisis  in  which,  the  foroes  of 
iM  new  Qeaeral  Goiaxa  dviveo  to  the  saaaii  pee- 
einotsof  Talca  and  aanibiiated,  we  might  impoee 
law  OB  the  man  who  brongkt  us  the  Spuuih 
eoastitntion— that  eiafiy  pieoe^  which,  under  the 
appearance  of  iibertv,  cooiaiaed  only  the  eondi* 
iions  of  slavery  for  Ameriea,  who  had  not  con- 
curred in  iu  formation;  nor  could  she  have  been 
rc^esented  by  the  thirty-one  substitate  deputies 
legislating  amidst  the  one  hundred  aod  thirty- 
Ibree  Spanish  represeoiatives.  We  could  wish 
M>  f  onsiffo  to  eteroal  oblivion  that  £ual  epoch  ia 
which  all  the  intrigues  of  perfidious  Spain  were 
intending  against  the  magnanimity  and  open- 
•esa  of  the  Chiliao  eharaeter.  Who  could  be- 
Ueve  that,  in  a  crisis  so  favorable  to  our  uader- 
t%luag8|  and  so  fetal  to  the  self-styled  national 
Wiay,  tha  capitulatioaa  of  tke  3d  of  May,  1814, 
ivould  have  beea  eieoted? 

It  ia  necessary  to  save  us  the  shame  of  aoi^s* 
iaf  them.  Sunoe  it  to  reeord,  that  being  cajtioed 
te  otir  Qoverameflt,giieraAtied  by  the  mediatiea 
of  Commodore  Hillyart  with  powers  from  the 
Yi^roy  of  Pera»  accepted  by  the  chief  of  the 
tfoopa  of  Lima,  our  triM>pe  withdrawn,  the  pris- 
OBora  restored  to  the  enemyt  and  the  people 
oUftgitd  to  aelukowiedge  peace  sokauiijr  preelaim- 
ad,  it  became  necessary  to  assist  the  mvadeas  to 
Whoii  it  was  thea  impossibU  to  move,  and  aeeepi 
tbeir  aaliity  as  aa  apolofy  for  their  remaioiag 
taaployed  in  ueasons  at  Talca^  whieh  place  was 
IA  have  been  evaouated  in  thirty  hpttcs.  They 
had  hardly  left  our  city  and  croesed  the  Maale, 
when  Quioza  pressed  every  spring  to  make  up 
hie  loeses;  he  recruited^  assembled,  and  disci- 
plined another  army,  which  he  spread  in  the 
province  of  Conception.  In  the  recruiting  ho 
apent  alt  the  moaev  which  was  destined,  through 
kim»  to  repair  the  losses  stistained  b^y  the  inhabi* 
tants;  he  feid  hands  on  aU  Um  funds;  he  ap- 


pointed juices ;  aad,  ia  a  word,  he  set  up  for  lord 
and  master  of  that  same  ground  which  he  had 
aj^reed  to  evacuate  !» two  aioaths.  until  the  ar* 
rival  of  Osorio,  who  renewed  hostilities,  and 
threatened  to  pot  everything  to  ire  and  sword 
oolesfr  we  surveadered  at  discretion,*  and  opened 
onr  bosoms  to  the  proclamations  and  pardons  of 
his  viiier.f  It  was  too  late  to  trust  in  the  ca- 
resses of  the  lion  who  concealed  his  claws  under 
the  folds  of  the  standard  of  war;  we  knew  the 
coneequences  of  the  pardons  gmated  ia  Mexioo, 
Veneauehi,  ftuito,  Hoanneo,  aad  Upper  Perv. 
These  summonses  excited  owr  alarm;  but  ia 
what  cirenmstancee,  when  wkh  the  viewe  ^  the 
restomtioa  of  Ferdinand  to  the  throne,  we  had 
just  received  his  decree  aaaatting  the  regeooyL 
the  Cortes,  their  orders  aad  constiiutioB,  aad 
maintaining  the  established  aMhoritiee  in  both 
bemispherea. 

We  did  net  wish  to  eaU  opott  these  aateHitaa 
of  tysaaay  for  their  right  lo  spread  devasiatioa  im 
the  ceuairy,  but  only  for  the  right  tha«  svppoHed 
their  present  acgveaiion,  and  converted  asecher 
time  their  royal  army  into  a  national  army.  If 
they  had  ia^pudenoe  eoeiagfa  to  beoome  the  sport 
of  a  versatile  Qovemmeat,  was  that  a  reason  whT 
the  jMople  should  deliver  theaiselves  to  theswerd 
and  implioated  designs*  of  their  aesasstns  %  Tou 
cannot  any  longer  name  the  eoostittition  as  an 
authority;  (whieh,  by  the  by,  did  not  give  yon 
any  right  or  claim  to  obeisance,  any  more  than  a 
eonstitntton,  however  benefieial  and  admiralde^ 
made  by  Joseph  Nanokon,  wonid  have  given  him 
over  tM  peninsula.)  Ferdinand  has  reassamed 
his  aeeptre,  and  torn  to  pieces  that  celebrated  act. 
And  now  by  what  new  aet  have  the  Americans 
re-established  the  authority  of  the  son  of  Maria 
Lonia.  which,  being  null  in  its  origin,  he  had 
himself  abdicated  aad  lost  by  repeated  and  subse* 
qtient  acta  of  infamy  and  cruelty  ? 

Allow  us  to  recall  to  remembranoe  the  eoeaee 
of  the  Beoorial,  Aranjues,  and  Bayonne.  In  1807 
Ferdinand  is  declared  a  traitor  to  his  father,  and 
unworthy  of  aneeeediag  to  the  crown.  In  1808 
the  eceoe  changes  at  Aranjuen,  and  Charlee  the 
Fourth,  need  with  violeaee  hj  the  same  feetion 
whieh  was  stifled  at  the  Bscurial,  cedes  the  crown 
to  the  sen,  proolaimed  amidst  the  dieturbancee  of 
the  Court.  The  old  popil  of  Oodoy  escapes  le 
Fmnce,  to  seek  the  protection  of  the  KmpefOfi 
whe^  in  the  conferences  of  Bayonne^  causes  the 
diadem  to  be  restored,  in  order  to  accept  It 
himself  and  place  it  en  the  head  of  his  brother 
Joseph. 

Thiskiagly-eomle  transaction  has  been  repre- 
aanted  to  ns  by  the  Central  Juata  and  RMcncy, 
uader  the  veil  of  exalted  exclamations  tending  ta 
moveall  onr  sensibility  in  behalf  of  the  miefbr- 
conee  of  that  youth  ia  whoee  party  thev  were  en- 
gaged.  And  theoee  it  is  that  they  deepatched 
executive  orders  to  America  to  apprehend. the 

•  Sommens  of  the  Mlh  of  Angnst,  leH  irem 
Chillsn. 

t  Proslsmatien  and  ptfdon  ef  the  Visentr  of  Lima, 
lithMsrch. 


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APPENDIX. 


2246 


CsiuUihn  ^f  Satdh  Awterica. 


parent  King  tnd  hit  mte,  Iq  ease  they  appeared 
on  these  coasts,  and  to  remit  them  to  Spain  under 
arrest.*  That  tender  enthusiasm,  imposed  upon 
us  by  our  compassion  and  hopes^  being  subsided, 
who  can  disco? er  less  violence  in  the  renuncia* 
tions  of  Bayonne  than  in  that  of  Aranjuez  1  Was 
the  presence  of  Bonaparte  more  imposinff  to  Fer- 
dinand, than  the  presence  of  a  mob  at  tnegates 
of  his  palace  to  Charles  the  Fourth  >  The  Bour- 
bons have  abandoned  the  nation  against  the  will 
of  the  people,  and  by  this  act  they  have  lost  even 
those  obscure  rights  upon  which  their  dynasty 
was  raised.  A  nation  left  without  a  chief,  on 
account  of  their  domestic  quarrels,  could  not  be- 
long to  those  emigrants.  Ferdinand,  from  Valea- 
^ay,  could  not  keep  in  his  hand  the  extremity  of 
the  noose,  or,  speaking  more  properly,  of  the  chain 
which  fastens  America. 

When  Spain  declared  war  asainst  Denmark, 
they  said  in  their  manifesto :  "If  this  Power  is 
oppressed,  and  subject  to  the  will  of  Napoleon, 
Spain  declares  her  war  as  against  a  provmce  of 
France."!    Why  do  they  not  hold  the  same  lan- 
gpage  with  respect  to  Ferdinand,  a  prisoner,  or 
rather  willingly  siven  up  to  the  disposal  of  the 
Em|>eror  ?    Will  the  world  ever  forget  the  base, 
horrid,  and  sacrilegious  denunciation  by  which 
he  betrayed  the  Baron  de  KoUy ,  engaged  in  savins 
him  from  the  castle,  with  the  intervention  and 
credentials  of  Qeorge  the  Third  ?t    Considering 
as  false  the  report  of  Mr.  Bertheny,  the  com- 
mander of  that  fort)  in  which  he  states  that  Fer* 
dinand  in  his  communication  dared  to  assert  "that 
England  continued  to  shed  blood  in  his  name, 
deceived  by  the  false  idea  that  he  was  forcibly 
detained  there  f  supposing  even  that  his  letter  to 
Napoleon,  requesting  him  to  adopt  him  for  his 
son.  should  be  a  fabrication,  (accusations  of  which 
he  has  not  cleared  himself^)  is  not  the  infamy  of 
such  denunciation  sufficient  to  deprive  the  in- 
former of  the  character  of  a  prince?    How  do 
they  dare  to  bind  us  with  that  oath,  taken  with- 
out our  consent,  to  oblige  our  consciences  in  an 
epoeh  full  of  perplexities  and  tumultuous  afflic- 
tums,  at  the  s^|ht  of  promises  which  have  never 
been  complied  with,  and  in  circumstances  that 
have  long  ago  ceased  to  exist  ?    But  for  the  com* 
mifsionera  engaged  in  the  destruction  of  America, 
the  theatre  never  chaoaes ;  their  object  is  to  an-' 
nihilate  her;  and  it  is  tne  same  for  them  to  com- 
mit hostilities  in  the  name  of  the  constitution,  a« 
i9  the  name  of  the  despot  who  tramples  under 
foot  that  same  constitution  which  they  came  to 
annoonpe  to  us. 

Such  has  been  the  conduct  of  Oeorio  in  Chili ; 
it  is  necessarv  to  repeat  it ;  he  enters  with  the 
sword  in  one  band  and  the  code  in  the  other.  We 
show  him  (and  he  knew  it  beforehand)  that  it 
has  been  annulled  by  Ferdinaad ;  with  the  same 
lacility  he  fights  for  the  law,  or  for  the  enemy  of 

*  Cednle  of  the  18th  of  Angnst,  1808,  end  orders  of 
Ui  ef  If  arch,  1800,  and  2eth  of  June,  1810. 

t  MenilMio  of  Oetober  4,  1809. 

iVidatheaoaiiflMiits  in  the  weik  Bl  Bspane^,  No. 
%  Msy  80. 1810.  *^^ 


the  law.    Can  justice,  a  virtue  invariable  and 
constantly  the  same  in  all  times  and  climates,  be 
supported  upon  contradictory  bases  and  discordant 
interests  ?    No.    It  was  not  justice  that  gave  to' 
the  tyrant  the  victorv  of  the  2d  of  October,  1814b 
It  was  not  justice  that  suggested  to  him  to  sac 
fire  to  the  hospital  where  our  wounded  soldiers 
were.    It  was  not  justice  that  fired  the  gun  on 
the  victims  who  fled  for  refuge  to  the  churches 
of  Ramagaa.    Justice  did  not  authorize  the  vio- 
lences by  which  the  sanctuary  of  religion  and 
innocence  was  polluted.    Justice  did  not  put  in 
their  sacrilegious  hands  the  vases  of  priesthood 
to  be  used  in  their  bacchanalias.    Justice  did  not 
cover  with  blood  the  roads  from  Talcahuana  to 
the  capital,  that  these  traces  of  death  might  serve 
to  show  the  way  to  the  headquarters  of  the  Siea- 
ris,  where  our  most  respectable  citizens,  wander- 
ing in  the  mountains,  were  obliged  to  present 
themselves,  to  be  transported  to  the  rock  of  Juan 
Fernandez.    Justice  did  not  shsrpen  the  knift 
which  stuck  the  nine  persons  murdered  in  (be 
prisons,  under  pretence  of  a  supposed  conspiraefi 
without  any  other  trial  than  the  ferocity  of  tha 
perpetrators  of  the  catastrophe  of  duito.    It  ia 
not  justice  that  has  cast  into  the  casemates*  ao 
many  deserving  persons,  who  have  been  snatched 
from  their  families,  without  any  form  of  tria^ 
and  are  now  Ismenting  their  orphanage;  and  the 
refusal  of  an  exchange  of  prisoners^  the  vizier  of 
Peru  sacrificing  the  fate  of  his  own  mereenariea 
rather  than  to  ameliorate  the  fate  of  our  fellow- 
citizens.    It  was  not  justice  that  erected  the  four 
scaffolds,  for  the  recreation  of  the  coward  modern 
Baptos,t  and  which  he  ordered  to  be  immedi- 
ately taken  away  from  the  public  square,  at  the 
news  of  the  triumph  of  the  12th  of  February, 
1817,  the  anniversary  of  which  day  we  celebrate. 
(Aracabuoo.) 

Justice  granted  to  ChiU  that  day  of  glory 
and  splendor,  well  satisfied  that  by  two  years 
and  a  half  of  suflferings  we  had  atoned  for  out 
ondue  tolerance,  and  our  blindness  in  not  know- 
ing that  by  tolerance  we  betrayed  the  sacred 
rights  of  our  country,  belied  the  necessity  of  In- 
dependence, and  the  sincere  wish  of  the  people, 
that  proclaimed  it  with  so  much  the  more  eamr* 
ness  that  they  had  just  learned,  at  the  school  of 
tyranny,  that  independenoe  is  the  only  desirable 
end  o(  this  bloody  straggle  of  seven  years;  that 
the  inability  and  impotence  of  our  aggressors, 
and  of  the  despet  they  serve,  had  become  evident) 
that  the  idol  and  his  name  had  tumbled  to  the 
ground ;  and  that  we  ought  not  any  longer  to  be 
guilty  of  the  meanness  of  invoking  him.  when 
Spain  herself,  after  being  chilled  by  his  fngrafl- 
tnde  on  his  reascending  the  throne,  tears  herself 
in  the  convulsion  of  a  paralysis  that  carries  her 
to  her  last  consumption. 

*  Horrible  dungeons  in  the  CsIUo  of  Lima. 

t  Marco,  successor  of  Osorio,  is  not  lass  remsrka- 
ble  for  his  cruelties  thsn  for  his  eflfeminacy,  resem- 
bring  that  of  the  Baptos,  so  much  despised  in  sncieiit 
Greece.  The  mentlooed  tyrannical  acts  ara  recorded 
judicially  In  our  afchf ves. 


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2260 


C^i^dMm  qf  SmUh  America. 


Such  is  the  state  of  that  aufortQoata  oation, 
reDdered  less  miserable  by  the  fiereeaess  of  the 
moDster  tbaa  by  the  obstinate  tenacity  of  keepiag 
her  engij^d  in  this  destroctife  stnu^gle,  ia  whic^ 
after  losing  all  the  acquisitions  or  tbe  first  eon- 
qoest,  she  will  remain  ezeluded  forever  from  the 
aole  relations  with  which  she  might  have  repair- 
ed the  losses  of  twenty-five  years.  Spaip  existed 
by  America ;  now  she  receives  nothing  from  her, 
and  she  is  obliged  to  strain  her  funds  to  fight  her. 
Nobodv  can  she  seduce  now,  in  the  state  of  pov- 
erty which  devours  her.  Should  a  miraouioos 
effort  enable  her  to  send  over  gladiators,  these 
men  cannot  be  indifferent  to  the  reluctance  of 
abandoning  their  native  soil  to  descend  to  the 
grave  at  such  a  distance  from  their  cradle,  and 
they  will  be  convinced  that  they  are  eagajped  in 
an  undertaking  in  which  any  ephemeral  trmaiph 
will  hardly  make  them  resemble  the  bird  cutting 
the  air,  which  closes  again  after  it  has  paascd. 
Morilioi,  with  the  best  army  that  Spain  has  sent 
out,  and  with  all  the  other  divisions,  u  proof  of  it. 
Whilst  they  occupy  a  place,  tbe  insurrection  rages 
in  others;  and  finaliy,all  the  disseminated  mass  of 
the  conquerors  comes  to  be  consumed  in  the  centre 
of  the  conflagration.  The  combustion  is  universal, 
the  space  is  immense,  and  the  fire  of  the  revolu- 
tion inextinguishable.  We  will  not  belong  to  an 
insignificant  nation  when  we  do  not  want  lor  aay- 
Ibing.  and  who,  being  in  waat  of  us,  only  seeks 
to  kill  us.  We  will  not  belonf^  to  a  nauon  un- 
faithful in  her  promises,  vielaung  her  contract, 
and  contradictory  in  her  principles,  who  intends 
10  affirm  these  pretensions  of  b^  decrepit  usur- 
pation; and  of  a  dynasty  divested  by  itself  even 
of  the  appearances  of  right,  and  make  us  respon- 
aible  to  the  rest  of  our  brethren  nobly  emanci- 
pated, to  the  improvement  of  the  age,  which  ven- 
erates liberty  as  the  goddess  of  civilization ;  to 
aur  posterity,  who,  from  the  sign  of  his  future 
existence,  awaits  for  the  happy  turn  in  which 
they  are  to  enter  without  trouble  in  the  enjoy- 
ment of  days  of  order,  honor,  and  peace,  their 
fathers  bought  for  them  with  their  blood ;  to  all 
human  kind,  who  can  now  rely  with  secure  and 
abundant  places  of  refuge  in  these  regionsi  blessed, 
by  the  Creator,  and  formerly  shut  by  proud  am^ 
bition  to  the  hospitality  of  men  unwilling  to  be- 
come slaves;  to  nature,  who  placed  in  our  minda 
the  sense  of  choice  and  merit  incompatible  with 
tlavery ;  and^  fioalhr,  to  Heaven  itself,  who  has 
unfolded  the  list  of  the  nations,  and  has  pointed 
out  the  place  we  were  lo  occupy  in  the  rank  of 
tbe  independents. 

Chili  has  obeyed  its  call.  The  solemn  act  of  the 
1st  January,  1818,  is  the  expression  of  the  indivi- 
dual vote,  and  the  result  of  all  private  determina- 
tions. Bhe  has  not  deferred  her  revolution  until 
the  convocation  of  a  Congress,  difficult  to  assem- 
ble in  the  effervescence  of  war  ;  she  has  dictated 
herself  the  measure  which,  in  all  oircumstanees, 
would  have  been  sanctioned  by  her  representa- 
tives, faithful  to  the  trust  and  confidence  of  their 
constituents.  When  tbe  latter  will  depute  them, 
the  representatives  will  ascend  the  alur  of  the 
law  invested  with  all  the  plentitnde  of  sover- 


eignty required  to  proclaim  it.  This  epoch  ia 
getting  nearer  as  the  expiring  remnants  of  oar 
enemies  fly  terrified.  In  the  mean  time,  to  de- 
fend the  magna  charta,  every  citizen  runs  spoa* 
taneously  to  arms.  A  veteran  army  of  twelve 
thousand  brave  men,  and  enlisting  or  the  militia, 
without  exemption,  are  the  pledge  and  the  eter- 
nal foundation  of  our  independence. 

Free  people  of  the  universe !  you  who  behold 
the  basis  of  your  sovereignty  secured  by  this  new 
monument  of  justice  upon  which  Chili  has  raised 
its  own,  decide,  in  this  fatal  struggle,  between 
humanity  and  the  vain  spirit  of  domination  $ 
teach  Spain  that  the  former  is  the  origin  and  ob- 
ject of  every  Qovernment,  and  ask  her  then  who 
18  to  give  up  ?  By  uniting  your  vows  to  ours,  yon 
will  stop  the  blood  which  overflows  vigoroua 
America,  and  draws  the  last  breath  of  expicing 
Spain.  If  you  are  touched  by  our  destinieiL 
convince  her  of  her  impotence,  and  of  the  mutual 
advantages  of  our  independence ;  let  her  be  affiMt* 
ed  by  her  own  evils,  and  by  those  we  have  suffered 
durioj;  three  centuries ;  inspire  bar  with  a  com- 
parauve  feeling  on  her  fate  and  ours;  and  when> 
calculating  candidly  the  consequences  that  threat- 
en her,  she  lays  down  her  arms,  and  sacrifices  to 
justice  and  liberality  the  illusions  which  precipi- 
tate her  to  her  ruin,  assure  her,  on  our  honor,  that 
generous  Chili  will  open  her  heart  to  the  friendship 
of  her  brethren,  and  participate  with  them,  under 
the  glorious  empire  of  the  laws,  in  all  the  benefits 
of  their  immutable  independence. 

BERNARDO  O'HIOGINS. 

DiRKOTOsiAL  Palaob  OP  Chili,  Aft.  18, 1818. 
Miguel  ZANAarix,  Secretary  qf  State. 


KBPORT  OF  WL  POINSETT. 
Mr.  Jidame  to  Mr.  Poiwett. 

DaPARTMBNT  OP  StaTI, 

WaghutgUMLOoi.  23, 1B18. 

Sie:  I  am  directed  by  the  Presideai  of  the 
United  States  to  request  of  you  such  infomatiofti 
in  relation  to  the  affairs  of  South  America,  aa 
your  loBff  residence  in  that  country,  and  the 
sources  ofintelligenoefrom  thence  which  have  re- 
mained open  to  you  since  vour  relom,  have  tmtr 
bled  you  to  collect,  and  which  you  may  think  it 
useful  to  the  public  to  communicate  to  the  Execu- 
tive Qovernment  of  this  Union. 

I  have  the  honor  to  be.  d^. 

JOHN  aUINCY  ADAMS. 

J.  R.  Poi2f8iTT,  Esq.,  Charleeton,  S.  C 

Mr.  Poinsett  to  Mr.  Adams. 

Columbia,  November  4, 1818. 
Sib:  In  conformity  with  the  request  oi  the 
President  of  the  United  States,  contained  in  your 
leuer  of  the  d3d  of  October,  I  haYe  the  honor  to 
transmit  to  vou  such  information  as  I  poeseas  in 
relation  to  the  afiairs  of  South  America. 

I  regret  that  my  absence  from  Charleston,  where 
mos|  of  my  documents  are,  does  not  allow  me  to 


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CbfniMofi  ^  Sotih 


cMMTBore  lolo  #etidl,  and  tagite  dftnerdas' 
tjrttoCiM  of  fhwe  cooBtriet. 

At  the  ffxeoutive  will  doubtlew  haw  FBO«#?ed 
ftmtt  tiM  OoBmianoners  mple  infbrmiftioii  with 
mfaH  to  the  feeent  occnrreoces  at  Bvienos  Ajrm 
attd  Cditi,  I  haiFo  OKily  brovgfit  down  the  ercfitu 
of  th«  retotvtioD  to  ftt  period  of  their  arriv«l  «tt 
Boenos  Ajres.  lo  the  eourse  of  thie  Damtive  I 
haire  eoMBed  mjMAf  to'fiictt;  for  Ithooffht  it 
UttMoenai f  to  direit  on  the  ttiotttes  which  itt^ 
dveed  the  Creoles  to  shakt  off  the  Bpattish  f  oke^ 
The  otifireaaioii  onder  which  they  labored,  the  se*- 
f^Hit  and  almird  restrietion  upon  their  cemaicNpee 
sad  ffftdmtry.  are  too  notoHom  to  reaoire  a  eotti- 
inaat ;  and  t4e  sitaatioii  of  the  mother  eovntrf 
mtf  Jo9itted  bat  readered  it  aeeeeearf  lor 
I  to  establish  fet  themselres  aa  iateroal  gt>r- 


Bf  iMtera  which  I  htf^  received  since  the 
rvtttm  of  the  Connnissioii^rs  from  Birevos  Ayres, 
1  leara  that  the  Portugaese  A>nces  are  in  posses- 
aloa  Iff  the  priocfpal  places  oa  the  eastern  shore 
of  the  Uracoaf ,  and  of  the  coaotry  between  the 
Fnraaa  and  Urai^y.  Their  ad?aiiced  posts  eat* 
tend  to  the  Oorrieaten.  The  royal  fbreee  la  Upper 
i^  are  posted  at  ihe  defiles  of  ^ij«y)  and  are 
in  yaesijwoii  of  the  eoaotry  above  Balta*  The 
fbrees  of  Buenos  Ayres,  nader  the  cottiixiand  of 
Be%fa0O,«rt  at  TwBoman.  By  the  last  Tictorf 
Minol  by  the  patriots  of  €hili  ea  the  pkiiis  of 
ilaipd,  the  toy^Hsts  have  been  driven  within  the 
fortifications  of  Tahmhvaaa. 

I  have  the  honor  to  be,  with  great  respect,  sir, 
roar  mast  dhtodiaat  and  hmaihla  aervaae, 
'  J.a.  POJNSBTT. 

Hon.  JoBif  CUniicT  Adams, 

Seentmyvf  State, 


The  governmeal  of  Spanish  Ametiea  is  con- 
ided  to  the  Council  of  the  Indies.  Their  au- 
thority ovev  the  eeidoie^  is  aalfUiited ;  they  are 
the  lOttToeof  all  ftvor,  ant  have  the  presenution 
t»^ifll  4»tv4l  and  eoclesiasiical  appoiataienis ;  they 
QoaatlMKe  likewise  a  oodrt  or  appeal  f^m  the 
deeisioD  ef  theatidienees* 

The  viceroy  is  cooiaiaader-ia-cfaief,  i^erae^ 
ii^Bdant  of  the  province  where  he  resrdes,  and 
piesli^aiof  the  royaUadience,  aad  other  tribunals. 
As  eotaaiaadeMtt*ohief  he  is  assisted  by  aeoancil 
of  ffettetal  oflleera,  aad  as  governor  by  an  assessor 
and  legal  coansellors.  He  assists  with  great 
ceremonj  at  the  sessioa  of  the  royal  audioes, 
which  tmaaal  watches  hie  conduct,  and  has  a 
legal  eoDtroioTer  Uaaclions ;  and  he  ia  tarn  rea- 
ders an  account  to  the  Council  of  the  Indies  of  the 
public  acts  and  private  ooadnct  of  the  members 
of  the  audience.  The  viceroy  is  not  allowed  to 
''  conneiion  with  the  people  of 
>  it  was  aot  eostomary  for  him 
r  house.  The  laws  of  th<e  In- 
dies^ which' ih  theory  art  caleulated  to  protect  the 
ooloaisis  and  ladiaas  iVom  oppressioQ,  graat  hka 
almost  regat  powevs,  but  resiraia  the  arbitrary 
ujMiiise  of  tbeaa  by  the  respoasihiKty  attMhed 
toaaiy  ah«Me  of  Kathority.    Ac  the  expiratioa  of 


01  ine  audience,  x  ne 
trade  or  to  form  any  cot 
hisgoipeniaa^  aoid  it  i 
t»«nitev  a«y  private  hoi 


hb  oflce  a  eemmission  is  appointed  to  inquire 
iato  his  past  conduct,  and  all  people,  inchidin^ 
Uie  Indians^  are  called  upon  to  prefer  charges 
agatflst  him,  aad  state  any  ffrfevance  or  vexatron 
the^r  UMy  have  experienced  during  his  adminis- 
ttation.  This  residencfa,  as  it  is  called,  has  be» 
coflse  an  unmeaniag  ceremony.  The  royal  au<' 
dienoe)  whiefa  is  the  supreme  comt  in  the  colouieS| 
is  coArposod  of  the  viceroy,  who  is  the  president, 
of  a  regent,  three  oidores,  tvro  fiseafs,  a  reporter^ 
aad  aa  algaazfl. 

The  law  lays  b^yth  them  and  their  famiKes  un- 
der Ihe  severest  rcMrictfons^  and  the  president  h 
enjoined  ro  watch  their  conduct,  and  to  recefve 
and  transmit  to  the  King  stn  annual  statement  of 
thek  acts. 

They  constitcrte  the  last  ooilirt  t>f  appeal  Itk 
Aa^erica.  The  viceroy  is  recommended  to  con^ 
suit  them  in  all  emergencies  of  the  Scate^but  is 
left  at  liberty  to  act  aa  he  tbfnlcs  proper.  Whera 
the  authority  Of  the  president  interferea  with  rhefr 
decisions,  wry  mav  remottstrate,  but  his  will  fir 
exaeuted.  They  aave  the  privilege  of  corres^ 
ponding  directly  with  the  Kihg,  and  may  maire 
any  representations  they  think  proper  on  ine  coU'> 
duet  of  the  viceror. 

Wheh  the  functions  of  the  viceroy  are  suspend- 
ed by  sitkness  or  death,  the  regent  is  his  f^l 
representative. 

Of  the  Cablldo  we  have  already  spoken.  B^ 
aides  the  alcaldes  of  this  body,  there  is  a  crimiod 
judge.  The  city  it'  divided  into  bsrrio  or  Quar- 
ters, and  each  quarter  has  au  afcatde  de  bimo  or 
joetiee.  There  are  likewise  justices  of  the  peace, 
or  lieutenania  of  justice,  as  th^are  called,  whose 
jurisdiction  extends  over  a  certa/n  district  of  coun^ 
try.  They  are  accountable  to  the  Governor^  and 
are  appointed  Ur  two  years. 

Tire  military  and  clergy  claim  their  Jtosro,  (hat 
is,  the  right  of  being  judged  by  their  peen*,  and  au 
eipHir  du  cotp9  generafly  screens  the  coljn^tfrom 
joa(lee« 

The  spirit  of  litigation  j^ervades  dl  dassei^  Ht* 
terrupto  the  harmony  of  society,  and  cfostroys  the 
confidence  and  afiection  which  ought  to  reign  iit 
familiee  and  among  near  eonnezlons.  The  law- 
yers ar^e  a  numerous  body ;  and  the  pratiree  it 
not,  as  in  the  United  States,  aur  open  appeal  to 
impartial  justice,  but  the  art  at  mcntiplyiug  actt 
and  of  procrastioatiog  decisions  until  the  favor  of 
thejudge  is  secured  bv  fnflueace  and  bribery. 

The  ecclesiastical  jurisdiction  belongs  exchx^ 
sively  to  the  King  aad  Council  of  the  Indies. 
The  Pope  has  ceded  all  his  pontifical  rights  ex- 
cept that  of  isauiag  bulls  of  confirmation,  and 
even  these  are  limited  to  the  candidate  presented 
by  the  King  of  Spain. 

The  bishop,  agisted  by  a  fiscal  and  a  proviaor, 
fomasthe  highest  ecclesiastical  tribunal :  the  busr* 
nets  is  transacted  by  the  provisory  and  the  bishops 
assist  only  iu  cases  whicb  concern  ecclesiastics  of 
rank.  The  eoclealastical  tribunals  have  cogfoi* 
zanoe  iu  M  eases  of  a  spiritual  nature^ and  which 
coneera  eeelesiastics,  and  In  afl  questions  arising 
from  pious  donations  and  legacies.  The  ecden- 
astiori  Aiero  or  privileges  are  extensive;  it  it 


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^84 


aafuUthn  tf  South  America. 


sometiines  fthfaough  Tery  rarely)  lAfxed.  at  when 
the  plaintiff  is  an  ecclesiastic  and  the  defendant 
a  layman,  the  cause  is  tried  bf  a  secular  tribunal, 
and  vice  vena. 

Buenos  Ayres  iias  a  chapter  consisting  of  a 
dean,  a  sub^dean  and  cbat)ter,  and  a  certain  num- 
ber of  prebendaries. 

I^he  parishes  are  serred  by  rectoral  curates,  and 
doctrinal  cUrates  officiate  iu  the  Indian  settle- 
ments and  yilla^s,  which  are  divided  into  doctri- 
taa.  The  former  derive  their  revenue  from  the 
ftrea  of  baptism,  marriage,  and  intesments,  which 
the  latter  are  forbidden  to  receive,  but  have  aii  al- 
lowance from  the  treasury.  Priests  have  b^en 
frequently  emploved  in  the  administration  of  the 
public  affairs,  and  have  had  great  influence  oYe^ 
the  minds  of  the  people,  and  a  powerful  agency 
in  subduing  and  attaching  them  to  the  sovereign 
of  Bpaia. 

The  zeal  of  the  Missionaries  in  this  part  of 
South  America  effected  o^ore  thaii  the  arms  of 
the  first  adventurers,  who  after  they  had  con- 
quered the  country,  were  repeatedly  cut  o^  by 
insurrections  of  the  natives,  roused  to  desperation 
by  their  rapacity  and  oppressrou. 

The  cotfuuest  of  Paraguay  by  the  Jesuits ;  their 
large  estabrishments  oii  the  Ura^ay ;  the  privi- 
leged granted  them  by  the  King  in  order  thai  they 
might  prove  their  assertion  that,  if  left  to  them- 
selves, and  not  intruded  upon  by  the  Spaniards. 
thejr  would  subdue  the  Indfians  of  that  extensive 
territory^  and  convert  them  to  the  Catholic  faith; 
their  rigid  polity  in  detecting  and  sending  out  oi 
their  limits  any  one  whom  curiosity  or  interest 
might  have  tempted  to  trespass  on  their  territory  i 
the  rapid  subjection  and  eonverdfon  of  the  tribes 
on  the  Oraguay  and  Paraguay,  who  were  incorpK)* 
rated  i^ith  the  Quaranis  Indians;  their  Submis- 
sion to  the  organization  of  the  Jesuits,  wlio  dis- 
tributed thb  day  into  periods  of  work,  recreation, 
aiid  devotion,  and  established,  after  the  manner  of 
the  Moravians,  d  common  magazine  for  thb  re- 
ception of  the  produce  of  their  industry,  and  dealt 
out  to  them,aecording  to  the  number  of  members 
in  a  familv,  the  necessary  articles  of  food  and 
dothing;  the  frequent  attacks  made  upon  them 
by  the  unsubdued  tribes,  and  the  depredations 
committed  by  the  Mamalukes,  the  lawless  inhabi- 
tants of  the  Portuguese  frontier  and  of  Saint  Pa- 
bio  ;  the  jealousy  excited  by  the  flourishing  state 
of  these  settlements  about  the  period  of  tne  ex- 
pulsion of  the  Jesuits  from  Europe ;  the  resist- 
ance made  to  the  decrees  sent  against  them  from 
Spain,  and  the  final  destruction  of  their  power 
and  confiscation  of  their  possessions,  are  facts  fre- 
quently tteated  of.  and  in  the  hands  of  every  one. 

There  is  a  fund  still  devoted  to  the  propaga- 
tion of  the  Christian  faith  and  to  the  pavment  of 
missionaries,  who  transfer  the  converted  Indians 
to  the  doctrinas^  where  they  are  placed  under  the 
charge  of  doctrinal  curates. 

In  the  jurisdictions  of  Moxos  and  Chigtiitors 
there  are  some  missionary  settlements,  where 
tile  missionaries  enioy  nearly  the  same  privileges 
which  were  fbrmerly  extended  to  the  Jesuits,  but 
hey  are  not  animated  with  the  same  zeal  or  by 


the  same  ambition,  and  the  progress  of  civili|s«- 
tion  has  been  very  slow  in  those  countries.  The 
missionaries  are  forbidden  to  exact  any  compen- 
sation from  the  Indians  for  the  performance  of 
any  Catholic  rite,  but  this  regulation,  like  al|  the 
excellent  and  philanthropic  laws  instituted  by 
the  Council  of  tne  Indies  to  protect  the  wretchei 
Indians  from  the  rapacity  of  the  Europeans^  is 
evaded  by  a  shameful  traffic  in  images,  rosariaiu 
and  scapularies,  and  by  receiving  presents  aM 
exacting  work  from  the  Indiana,  notwithstaadiM 
the  laws  expressly  exempt  them  from  that  oUf> 
gation. 

In  the  first  conquest  of  these  countries  tht 
Spaniards  profited  by  t^e  feuds  which  they  Ioum 
existing  among  the  difierent  nations  of  Indtaoa; 
they  brought  them  into  the  field  against  eaoh 
other,  and  the  fiist  adventurers  were  succeasivaiy 
their  allies  and  conquerors. 

The  Indians  were  sold  into  captivity,  and 
thousands  perished  under  the  hard  treatment  of 
their  inhuman  masters,  until  the  noble  efforts  uf 
Las  Casas  and  other  friends  of  humanity  dre^ 
the  attention  of  the  Spanish  Court  to  their  suffer- 
ings. Coimnissioners  were  thea  despatched  from 
Madrid  to  inquire  into  these  abuses,  and  to  ^uf^ 
gest  the  means  of  retbrming  theui,  and  of  al£ev^ 
ating  the  condition  of  the  Indtaos.  The  flmt 
attempt  at  amelioration  was  the  Repartimientoa 
de  Indios,  by  which  tbev  were  divided  among  tha 
Spaniards,  who  had  toe  profits  of  their  labQi^ 
without  a  right  of  property  in  their  persons. 
Next,  the  encomiendas,  by  whioh  they  were 
placed  under  the  superintendence  and  protection 
of  the  Spaniards.  The  encomendero  was  bound 
to  live  in  the  district  which  contained  the  Indiaas 
of  his  encomienda,  to  watch  over  their  conduct, 
instruct  and  civilize  them,  to  protect  them  from 
all  unjust  persecutions,  and  to  prevent  their  being 
imposed  on  in  trafficking  with  the  Spaniard^ 
In  return  for  these  services  they  received  a  tribute 
in  labor  or  produce.  The  abuse  of  these  protect- 
ing regulations  followed  closely  their  institution. 
The  encomiendas  were  granted  to  Spaniards 
Who  neVer  were  in  the  country.  The  Indiana 
wer^  hired  ouL  and  the  most  exorbitant  tribute 
was  exacted  of  them.  In  order  to  check  tbes4 
abuses,  it  wks  decreed  that  the  amount  of  tributa 
received  from  encomienda  should  not  exceed  two 
thousand  dollars,  the  surplus  to  be  paid  into  tha 
treasury.  They  were  made  inalienable,  and  re- 
verted to  the  Crown.  All  these  regulations  were 
found  ineffectual  to  secure  the  Indians  against 
the  rapacity  of  the  encomenderos,  and  encomiea- 
das  were  abolished.  The  Indians  were  next  con- 
fided to  the  care  and  protection  of  the  mission- 
aries and  of  doctrinal  curates.  The  last  regula- 
tion in  their  favor  gave  them  magistrates  of  their 
own  choice,  superintended,  however,  by  a  eor- 
regidor,  to  prevent  the  Indian  alcaldes  from  com- 
mitting excesses  in  the  exercise  of  their  authority. 
In  the  viceroyalty  of  Peru  the  Indians  were 
subject  to  a  tribute  to  the  Crown,  levied  on  males 
only,  from  the  age  often  to  &[if.  It  was  collected 
by  the  corregidor,  who  had  the  power  of  exempt- 
ing such  as  were  unable,  from  sickness  or  bad 


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APPENDIX. 


2sm 


Condition  of  South  America. 


seasons,  to  make  up  the  sum.  They  could  enter 
into  no  legal  contract  or  sale,  without  the  consent 
of  the  corregidor,  or  make  any  conveyance  of 
real  estate.  Their  lands  were  sometinaes  seized 
and  sold  to  satisfy  the  tribute,  and  in  that  way 
only  could  a  transfer  be  made,  or  a  legal  title  be 
obtained  for  Indian  lands.  The  Indians  were 
burdened  with  a  personal  service  to  the  Crown, 
called  the  mita ;  this  was  a  conscription  raised 
among  those  subject  to  the  tribute,  in  order  to 
work  the  mines  of  Potosi.  Thousands  of  these 
unfortunate  people  were  marched  every  jear  to 
Potosi ;  and  although  the  period  of  service  was 
only  eighteen  months,  they  were  attended  by  a 
numerous  train  of  friends  and  relations,  who.  on 
the  eve  of  their  entering  the  mines,  sang  melan- 
choly dirges,  and,  sounding  a  horn  in  solemn 
strains,  mourned  over  them  with  all  the  ceremo- 
nkw  wnich  they  used  to  erinc^  their  sorrow  on 
the  death  of  a  relative.  Their  wives  and  chil- 
dren remained  with  the  conscripts,  who,  harassed 
by  a  long  march,  seldom  resisted  more  than  a 
year  the  excessive  labor  and  noxious  air  of  the 
mines.  The  Indians  of  Peru  have  the  appearance 
of  habitual  melancholy,  and  still  wear  mourning 
for  the  destruction  of  tneir  Incas.  According  to 
an  ancient  prophecy,  they  expect  to  be  one  day 
delivered  from  their  oppressors  by  a  descendant 
of  the  Incas,  who  is  to  revive  the  former  glor^r  of 
the  nation.  They  are  prohibited  from  carrying 
any  weapon,  or  from  exercising  anv  trade  which 
might  render  them  familiar  with  the  use  of  fire- 
arms. This  law  has  been  so  strictly  executed, 
that  the  unsubdued  tribes  are  not  dangerous  ene- 
mies, and  for  more  than  a  century  have  not  dis- 
turbed the  tranquillity  of  the  Spanish  settlers; 
and  the  attempts  made  by  the  civilized  Indians 
to  recover  their  former  independence  have  been 
more  easily  defeated.  The  Indians  hand  down 
from  father  to  son  the  remembrance  of  their 
wrongs,  and  constantly  watch  some  opportunity 
to  revenge  them. 

The  insurrection  in  1778  was  the  most  formi- 
dable known  since  the  conauest,  and  laid  in  ruins 
some  of  the  finest  towns  of  Upper  Peru.  Oruro 
was  totally  destroyed,  and  La  raz  lost  the  greater 
part  of  its  inhabitants  by  famine,  whilst  it  was 
blockaded  by  the  Indians.  Had  they  known  the 
use  of  fire-arms,  the  whole  of  the  white  popula- 
tion of  those  provinces  would  have  been  de- 
stroyed. The  revolutionary  Qovernment,  imme- 
diately on  its  installation,  released  them  from 
the  service  of  the  mita,  wnich  was  the  most  ob- 
noxious to  them,  and  from  the  vassalafi^e  in  which 
they  were  held  by  their  magistrates.  The  tribute 
was  continued  from  necessity,  as  it  afforded  a 
revenue  which  could  not  be  relinquished  at  this 
period.  In  1814  they  were  relieved  from  the  pay- 
ment of  the  tribute,  and  have  taken  an  active  part 
in  favor  of  the  Creoles. 

The  Intendant  of  the  province  is  the  chief  of 
every  branch  of  the  administration  of  finance; 
he  is  assisted  by  an  assessor,  who  reports  on  all 

Suestioos  of  law.    The  Intendant  may  reject  his 
ecisioD,  and  either  determine  on  his  own  respon- 
aibiluy,  or  consult  another  lawyer.    The  tribunal 


de  cuentas,  over  which  he  presides,  consists  of  a 
contador  mayor  and  a  treasurer ;  they  examine 
and  verify  all  accounts.  There  is,  moreover,  a 
supreme  court  of  finance.  This  court,  of  which 
the  Intendant  is  president,  is  composed  of  the  re- 
gent of  the  royal  audience,  (chief  justice,)  the 
contador  mayor,  the  treasurer,  and  the  solicitor 
of  the  tribunal  of  accounts.  These  members, 
when  their  sentences  are  appealed  from,  do  not 
assist  at  the  session.  The  customs  are  collected 
by  an  administrator  of  the  customs  and  a  treasu- 
rer. Their  y counts  are  received  by  the  tribunal 
de  cuentas. 

By  the  Spanish  colonial  Inws  the  taxes  were 
levied  on  the  product  alone.  The  alcavala  was 
reduced  to  five  per  cent,  on  every  transfer  of 

Sroperty  and  every  contract  of  sale.    The  retail 
ealer  generally  paid  a  composition,  which  was 
calculated  annually  on  the  value  of  their  stock. 

The  almoxarifazgo  is  a  duty  on  entry,  and  va- 
ries from  fifteen  to  five  per  cent.;  the  corso  is  a 
duty  of  two  per  cent,  applied  to  support  the 
guarda-costas ;  and  the  consulate  one  and  a  half 
on  imports  and  exports.  This  last  goes  to  defray 
the  expenses  of  the  consulado  or  board  of  trade. 
There  is  an  excise  on  distilleriesi.  The  pulpe- 
rias,  or  small  grocery  stores,  pay,  independent  of 
the  alcavala,  a  certain  sum  per  annum,  about 
thirty-five  dollars,  for  license  to  retail  liquors.  A 
fund  was  formerly  derived  from  the  sale  of  lands^ 
and  from  the  royal  domains.  The  treasury  re- 
ceives the  rents  of  vacant  bishoprics  and  preben- 
daries until  the  new  dignity  is  in  possession,  and 
the  half-yearly  product  of  all  offices.  Notaries, 
attorneysj  receivers  of  the  customs,  tax-gatherers, 
excise  officers,  dbc.,  pay  a  fine  to  the  Crown  in 
proportion  to  the  value  of  their  office.  Ecclesi- 
astics  pay  the  amount  of  the  first  month  of  their 
benefice^ 

All  articles  seized  on  account  of  illicit  trade, 
after  paying  the  duties,  are  divided  amouff  the 
informer,  the  Intendant,  the  captors,  and  the 
Crown.  The  bull  areas  and  cockpits  belouj^  to 
the  King.  A  considerable  revenue  is  derived 
from  stamps;  the  highest  cost  six  dollars:  and  aU^ 
deeds  and  titles,  as  also  papers  signed  by  chief 
officers  of  the  administration,  must  be  written  on 
this  paper.  If  the  instrument  oannot  be  contained 
in  a  sinale  sheet,  the  rest  is  written  on  a  stamped 
paper  of  a  dollar.  Contracts  and  wills  must  be 
written  on  stamped  paper,  which  costs  one  dol* 
lar  and  a  half  the  sheet.  Every  document  pre- 
sented in  the  courts  of  law  must  be  on  stamped 
paper  of the  sheet;  and  all  petitions  present- 
ed by  the  poor,  and  by  Indians,  must  be  written 
on  stamped  paper  of  the  sixteenth  of  a  dollar. 

The  paper,  ready  stamped,  was  sent  from  Spain, 
and  was  renewed  every  two  years. 

For  some  time  the  treasury  received  one-fifth 
of  the  product  of  the  mines.  It  was  afterwards 
reduced  to  one  tenth. 

The  mint  afibrds  a  further  revenue  by  the  ex- 
clusive sale  of  quicksilver,  and  by  coining. 

The  monopoly  of  tobacco  is  another  article  io 
revenue.  The  adminisirador  de  tabaco  granst 
licenses  to  cultivate,  and  esUbUshes  shops  to  ie> 


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APPENDIX. 


2388 


Condiiwn  ^f  SmOA  Anwrica. 


call  tobacco.  These  esuneof,  a<  they  are  called, 
are  kept  by  persons  who  receive  a  certain  per 
centage  od  the  sales,  and  who  give  security  to 
account  for  all  the  tobacco  put  into  their  hands. 
The  other  monopoliesi  salt,  cards,  d^c.  d^c,  are 
Dot  productive.  The  post  office  is  in  the  hands 
of  Oovernment,  and  yields  a  considerable  revenue. 

The  Indians  who  were  subdued  paid  a  capita* 
tlon  uz.  It  included  all  males  from  ten  to  ^hj 
years  of  age,  and  amounted  to  between  ^^%  and 
seven  dollars.  This  tribute  was  collected  by  the 
corregidor,  who  had  the  power  of  dispensing  with 
the  payment,  when,  from  indisposition  or  bad 
seasons,  the  Indian  was  supposea  to  be  deprived 
of  the  means  of  acquiring  the  amount.  They 
could  enforce  it  by  the  sale  of  their  lands.  The 
only  legal  purchase  of  lands  belonging  to  Indians 
was  at  these  sales;  in  every  other  transaction 
thev  were  considered  as  minors;  and  no  contract 
or  bargain  was  valid  until  it  received  the  sanc- 
tion ofthe  corregidor. 

The  ecclesiastical  dominion  of  the  Spanish 
American  colonies  was  yielded  by  the  bull  of 
Alexander  VI.  to  the  sovereign  of  Spain.  Tithes 
"were  established  in  America  by  Ferdinand  and 
Isabella  in  1501;  and  in  1541  Charles  V.  ordained 
that  the  proceeds  of  the  tithes  should  be  divided 
into  four  parts;  one  to  be  appropriated  to  the 
bishop;  another  to  the  chapter;  and  out  of  the 
other  two,  that  they  should  set  aside  two-ninths 
for  the  King,  three  for  building  and  repairing 
churches,  and  the  renuiining  four-ninths  for  the 
payment  of  curates  and  officiating  ecclesiastics. 
This  regulation  continues  in  force,  and  the  tithes 
are  farmed  and  sold  in  each  province  to  the 
highest  bidder. 

The  sale  of  the  bulls  of  the  crusade  produces  a 
yrttj  considerable  revenue.  The  general  bull  is 
bought  by  all  the  faithful,  and  is  divided  into 
classes,  according  to  the  rank  and  fortune  of  the 
purchaser.  Viceroys  and  their  wives  pay  fifteen 
dollars;  the  chief  diffnitaries,  civil,  ecclesiastical, 
and  militarir,  and  all  possessed  of  fortunes  ex- 
ceeding twelve  thousand  dollars,  pay  five  dollars; 
all  possessed  of  fortunes  exceeding  six  thousand 
dollars,  pay  one  and  a  half  dollar;  all  other  per- 
sons pay  thirty-one  and  a  half  cents.  The  vir- 
tues of  this  bull  are  various;  but  the  most  useful 
is  the  dispensation  from  fasting  on  Fridays,  and 
almost  all  Lent.  The  bull  to  eat  milk  and  eggs  is 
likewise  divided  into  classes;  the  first  costs  siz 
dollars;  the  second  three  dollars;  the  third  one 
and  a  half  dollar,  and  the  fourth  thirty-eight 
cents. 

The  bulls  of  composition  are  bought  by  those 
who  have  obtained  money  or  goods  by  unlawful 
means.  All  classes  pay  two  and  a  half  dollars 
for  this  bull. 

The  bull  for  the  dead  lessens  the  term,  or  en- 
tirely releases  the  soul  from  purgatory ;  the  first 
class  costs  seventy-five  cents,  and  the  second 
twenty-five  cenu. 

The  bulls  of  the  holy  crusade  are  printed  on 
very  coarse  paper,  and  the  name  ofthe  purchaser 
is  written  at  full  length. 

In  the  viceroyalty  of  Buenos  Ayres  the  ninths 


of  the  sale  of  bulls,  and  the  admintstration  of  the 
confiscated  lands  of  the  Jesuits,  formed  a  branch 
ofthe  revenue,  under  the  title  of  temporalidades. 


A  summary  view  of  the  trade  of  Spanish  Ame- 
rica will  complete  this  exposition  of  their  colonial 
policy. 

It  IS  scarcely  necessary  to  recapitulate  all  the 
vexatious  imposu  with  which  the  Spanish  Gov- 
ernment oppressed  the  internal  commerce  of  the 
kingdom.  Of  all  ihese^  the  alcavala  was  the  most 
destructive  of  the  national  prosperity.  It  con« 
sisted  of  a  duty  varyins  from  six  to  four  per  cenl. 
upon  everv  transfer  of  property,  and  every  eon- 
tract  of  sale.  The  millooes  was  an  excise  on  the 
prime  necessaries  of  life,  and  was  generally  com* 
pounded  for  with  the  Govern  men  t  by  the  muni- 
cipalities; in  consequence  of  which,  the  magis- 
trates established  public  magazines,  at  which  all 
taxed  commodities  were  to  be  purchased;  and 
such  as  were  found  tohaveanj  articles  of  monopo- 


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28S9 


APPENDIX. 


2260 


Condition  cf  South  America. 


8 


Iy,DOt  obtained  from  themaffazines,  were  prosecu- 
ted with  the  utmost  rigor.  Almost  all  these  regula- 
tions, with  the  royal  monopolies  of  brandy,  cards, 
lead,  salpelre,  sulphur,  gunpowder,  sealingwax, 
quicksilver,  salt,  and  tolwicco,  were  extended  to 
the  toioniei,  where  their  perniciouB  effects  were 
more  seireibly  felt  than  in  the  mother  country. 
The  trade  between  Spain  and  the  colonies  was 
confined  to  particular  classes  in  both  countries, 
until  Charles  V.  allowed  all  his  Castilian  subjects 
to  fit  out  expeditions  from  the  principal  jport  of 
Bpaid  ;  but  exacted,  under  the  penalties  oi  death 
and  conftseatioD,  that  they  Fhoaid  return  to  the 
^orc  of  Seville,  which  became  the  emporium  of 
he  American  trade.    The  personal  influence  of 
the  inhabitants  ifncreasing  with  their  wealth,  they 
induced  the  Qovernment  to  withdraw  the  permis- 
sion to  clear  out  from  other  ports.    In  1720,  when 
the  Navigation  of  the  river  was  impeded  by  sand- 
bars, and  became  unfit  to  admit  vessels  of  burden, 
the  monopoly,  with  all  its  advantages,  was  trans- 
ferred to  Cadiz.     Twenty-seven   vessels   were 
fitted  out  for  the  annual  supply  of  Peru,  Cbili,  and 
T^rra  Firma  \  and  every  three  years  twenty-three 
were   despatched  to  Mexico  and   the  northern 
provinces.    The  colonists  were  prohibited  from 
trading  with  foreigners,  or  with  Spanish  vessels, 
Hot  included  in  (heir  peniodical  fleets,  and  also 
from  trading  with  each  other.    Peru  could  not 
receive  supplies  from  Mexico,  or  Buenos  Ayres 
from  Terra  JEHrma.    No  Spaniard  could  interfere 
with  th€  trade  of  the  interior,  nor  couM  any  colo- 
nist embark  his  goods  to  Spain  on  his  own  ac- 
count.   A  board  of  trade,  established  at  Seville 
in  the  sixteenth  century,  regulated  the  extent,  as- 
tortmenL  and  distribution  of  the  periodical  car- 
goes.   No  person  could  load  or  land  articles  from 
the  return  cargoes  without  a  license  from  this 
board.    The  galleons  could  not  touch  at  any  port, 
or  break  bulk  on  their  passage  out  or  home.    The 
triennial  supplies  could  only  be  distributed  over 
the  northern  colonies,  and  the  annual  galleons  were 
appropriated  to  the  settlemients  of  the   South. 
Tffese  were  extremely  limited,  it  being  supposed 
that  the  Crown  had  an  intefest  in  making  the 
same  amount  of  duties  fall  upon  a  small  supply 
of  goods,  that  the  duties  might  be  more  easily 
levied,  and  that  the  colonists  inigbt  be  made  to 
pay  the  Whole.    The  duties  were  levied  in  the 
form  of  direct  custorns  on  the  goods  exported^  or 
of  fees  and  dues  for  licenses  on  tonnage.    An  im- 
post was  laid  on  the  bulk  of  the  articles  shipped, 
without  regard  to  their  nature  or  value.     The 
iudvho  was  a  duty  on  the  produce  imported  from 
the  colonies,  and  fixed  anew  by  Govern ment  every 
time  the  fleets  returned  from  America.    The  de- 
eliavng  state  of  the  Spanish  manufactoHes,  and 
the  inability  of  the  mother  country  to  furtaish  the 
nee^ttHy  supplies  of  goodS;  obliged  the  Council 
of  the  Indies  to  use  foreign  articles,  but  they  forced 
them  to  pass  through  the  hands  of  the  nfterchants 
of  Seville,  and  afterwards  of  Cadiz.    The  profits 
of  the  monopolists  of  CadiE  were  one  hundred 
ind seventy  percent,  onjfoods  bought  ii^ America, 
aud  two  hundred  and  fifty  on  goods  sold  ther^. 
Tbe  inport  and  export  duties  we^e  exorbitant 


Colonial  produce  bore  a  very  high  price  in  Spain  ; 
and  the  colonists  purchased  the  necessary  articles 
with  this  monstrous  accumulation  of  profits  and 
charges.  Ulloa  mentions  that,  in  duito,  a  pound 
of  iron  sold  for  a  dollar^nd  one  of  steel  for  one 
dollar  and  fifty  cents.  The  contraband  trade  was, 
in  consequence,  very  extensive ;  but  although  this 
gave  the  colonists  a  more  abundant  supply,  it  did 
not  diminish  the  prices ;  Che  profits  of  the  smug^ 
glers  always  bearing  a  propo^ion  to  the  risk  of 
entering  the  goods,  and  to  the  profits  of  legal 
commerce. 

In  1740  expeditions  separate  from  the  periodi- 
cal fleets  were  permitted  to  sail  from  the  Ameri- 
can colonies  to  ports  formerly  debarred  all  direct 
intercourse  with  Spain.  The  high  prices  paid 
by  these  registered  ships  for  licenses  amounted 
to  a  heavy  duty  on  exports^  In  1748  the  pernriv- 
sion  was  extended  to  other  ports,  but  was  soon 
restored  exclusively  to  Cadiz.    In  1764  regular 

?iacket  boats  were  first  established,  and  sailed 
irom  Coronna  to  the  chief  ports  of  America.  Al- 
though permitted  to  trade,  their  cargoes  wtt^ 
limited  in  extent,  and  to  Spanish  produce.  They 
were  obligred  to  sail  from  and  return  to  Corunna. 
In  1765  the  trade  of  the  #indward  colonies  wa« 
laid  open  to  several  porte  of  Spain.  The  palmeo 
was  commuted  to  a  duty  of  six  per  cent,  on  ex- 
ports, and  ships  were  cleared  without  licenses. 
The  grant  which  had  already  included  hoxnu- 
ana  was  extended  in  1770  to  Yucatan  and  Cam« 
peachy.  In  1766  the  cottoto  trade  was  opened  to 
Catalonia  duty  free,  and  in  1778  to  the  other 
provinces.  In  1774  colonial  produce  duty  free 
was  permitted  to  be  imported  into  several  ports 
of  Spain*  In  177S  the  ordinance  of  1765  was 
extended  to  Bueacsj  Chili,  and  Peru,  and  soon 
after  to  Santa  Fc  and  Guaiemafa.  This  lu^ 
ordinance  granit^ci  £ome  abatement  of  duties  to 
vessels  lade^  with  Spftnisb  pruduce^  and  to  the 
precious  meial^j  whicli  had  hitberco  p«idsn  enar- 
mous  dut  y  of  en  tmiice*  The  jeabusy  ot  extend- 
ing the  benf^Gts  of  their  trade  to  forefgners  yielded 
to  the  necessity  of  supplying  rhe  colonies  with 
slaves.  The  Spaniards  were  leicapable  of  con- 
ducting thj^  tranic,  aqd  for  a  certain  lime  it  was 
in  the  hand.^  of  a  class  of  merchania  in  F ranees 
By  the  Treaty  of  ULreclii,  the  asicnio  was  tran^ 
ferred  to  Great  Britain.  The  contrabtiid  tride 
which  the  English  mingled  with  the  importaefoh 
of  slaves  brought  on  a  war,  and  put  a  stop  to 
this  foreign  monopoly.  The  slare  trade  was  then 
transferred  to  a  private  company,  whose  entre^ 
pot  was  Porto  Kico.  The  total  failure  of  this 
company  obliged  the  Qovernment  to  take  the 
supply  into  their  own  hands;  and  the  incapacity 
of  the  Spanish  merchants  to  conduct  this  conk*> 
plicated  trade  forced  them  to  contract  with  a 
British  comn^rcial  house  fbran  atiniiml  sopplr 
of  three  thousand  slstes.  For  one  year  the  Phtf- 
ippine  cotnpanf  introduced  into  Buenos  ArreS 
nearly  four  thousand  slaves.  In  ITBd  the  sure 
trade  with  the  islands  and  with  Cataccas  was 
thrown  open  to  Spaniards  and  foreigners.  Sev- 
eral esclusive  cQmpanies  have  been  rormed  sinc^ 
the  eommeneeibent  of  the  eighteenth  century, 


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AFFBNBOES. 


v4MHfiNdlt  9f  &Otttn  a^MVWMI* 


to  ilM  PkitfpDiie  tompsiiy  tlooe  tartired  the 
rastriclktts  ana  extimTag^ot  datiet  imposed  oo 
thdr  tfiKl«  bjr  the  CtorerDment.  The  profits  of 
diiB  eompunr  are  represented  to  have  been  very 
iaedpeidefabte— 4K)t  exceeding  ihree  or  fonr  per 
tent.  Oa  the  12th  of  October,  1778,  the  Coancil 
•f  tbe  Indies  issued  a  decree  of  free  commerce. 
The  Tesstis  Were  fo  belong  ejtdnsirely  to  Span- 
iards, and  te  be  of  national  ^cmstroctioii ;  M  the 


aad  two-thirds  of  the  crew  to  be  Span 
iak  This  deerea  confined  the  free  trade  to  a  few 
parts;  bat  gnbseoQeaFt  reffulations  extended  the 
prffilette  lo  all  the  ehief  ports  in  Spaia.  The 
porta  Of  the  oaloniesware  divided  in^  majot  aad 
minor  ports ;  and  some  prrrlle^es  were  granted 
ta  the  latter,  in  order  to  eaeaiHage  them.  The 
axpaitts  ftom  Spain  wa^e  divided  Into  three  classes: 
4le  artlelte  of  the  growth  vad  ownufeetare  &t 
the  mother  country  were  oaiM  free  artielesi  aad 
paid  ntaa  aad  a  half  per  cent,  duty }  the  second 
ckaa  ooMlstad  of  articte  only  of  the  manafee^ 
tnra  of  C^in,  and  naid  twelta  aad  a  half  per 
cant  doty;  the  third  class  included  ail  foreiga 
goodftshipped  to  the  eoloaies  through  Spain ;  they 
paid  fifteen  per  aant.  entry  into  Spaio^  seren  per 
oest  eflqport,and  seven  per  cent*  entiry  into  Amer* 
iea^  and  with  the  nMritinie  alcarala,  the  consn* 
lahe,  and  other  ehamsv  tbe  datiea  aoMmnted  to 
thirty-three  hnd  m  third  par  oeau  la  1,778  the 
cexparis  to  the  eoloaias  were  male  ia  oae  hun* 
drad  aadaeveasy  shias^j  were  worth  74,000.000  of 
raab  yeUon,  and  paid  3a^O0O,MD  dacjr*  The  im- 
parts  of  the  same  year  were  made  la  one  han- 
dled nnd  tWdy  ships,  v«hied  at  74^000,000,  and 
paid  neaily  81000,060  duty.  In  1778  the  valoe  of 
esMru  was  50a860/K)8^  and  of  imports  804,500,- 
000(  aad  tha  dvdca  exceeded  55,00(^00a  in  Ba- 
%moB  Arres  the  reaeipts  of  tbe  enatoma  in  1791 
were  #330,682;  1708,  #468.860 ;  1793,  $483,038 ; 
1784  <pi07,964;  1786.  #310,856.  Tbe  nrerage 
of  Ave  yeaia  Was  #380,660.  It  appears  that  m 
1V96  the  exportt  to  Boenos  Apes  amounted  to 
#8^668,044,  aad  the  imports  from  that  port  to 
Bf^868i.  The  latter  eenabted  of  874,603  ox 
,  48,708  hoise  faides^  24,436  ^ias,  46,800 
anrebaa  (twenty-fire  pounds,)  771  arrobas  af  va- 
ciHUt  wooly  8,2iM  arvabas  of  common  wool,  891 
ffwanaeo  wool,  11,890  goose  wiags,  451,000  boras^ 
d^fi88  cwt.  of  eoppar,  lirar  cwt*  of  tin^  8,641  tanned 
liidts^  888  ddXen  of  dressed  sheep  skins.  8^88 
cwt»  of  jerked  beef,  and  186  owl.  of  cared  pork, 
▼aloed  at  #1,070,877,  aad  the  remainder.  2,656,- 
304,  in  gold  and  silver.  In  the  year  1802,  after 
tha  peace  of  Amieas,  the  receipts  in  Biotnos 
Ainres  were  #867.702. 

Shortly  after  tha  wir  btoke  oat  between  Bi^ 
land  and  Spain*  tha  iavaaios  of  these  proviacea 
bf  Sir  Hodw  Paphaim  opened  a  new  em  in  tha 
trade  of  Bnenee  Ayres.  This  t^ffieer,  on  his  ia« 
tarn  to  England,  wrote  a  circular  to  the  merchants, 
aaeting  forth  the  extensive  and  locmtiva  marhnt 
opened  by  this  conquest  to  the  trade  of  the  British 
Bmpirs.  The  want  of  aaarkeis  in  Burope  at  Ifaat 
parted)  aiNl  tha  inaggeit4d  aictnvs  of  eaanneroial 
adswitms  proseased  by  Sir  Home  JPophaal,  ow- 
casioned  great  speculation  to  be  madet^  lid  rivat 


Plata,  aad  large  ceatoye  of  merchantmen  accom^ 
panied  the  expediTfOns  of  Sir  Samud  Aochmuty 
to  Monteirideo.  aad  of  General  Wbiflocke  to  Bn^ 
enos  Ajrres.  Montevideo,  dorinff  the  short  tKbe^ 
it  remtined  in  tbe  bands  of  the  English,  aflbrded 
a  very  limited  market,  and  the  total  fhilare  of 
General  Whitlocke^s  expeditioa  obliged  the  mer* 
ehants  to  return  to  England  without  haviag  made 
any  ceasiderable  sales.  Tbe  loss  experienced  en 
this  occasion  was  attributed  altogether  to  the  de^ 
feat  of  General  Whitlocke ;  and  an  opinion  stilt 
prevniled  among  tbe  nerchants  in  London,  thai 
the  markets  ef  Spanish  America,  if  opened  to  theil 
trade,  wonld  enable  them  to  bear  the  k>as  of  tha 
cemmeme  ef  the  continent,  and  to  be  at  leasi 
e<yual  to  that  in  the  United  States.  Aftor  the 
British  troops  had  evacoaied  the  proYinees  of  La 
Plata,  the  clamors  of  the  peopleobliged  the  viceroy 
to  open  the  perts  to  nentrafs.  S^e  Americans 
traded  te  the  river  Plata,  but  the  hig^  dmies  and 
resvrlctions  discouraged  the  commdreial  spkit  eten 
of  our  own  conn  try  men.  The  trade  was  t^rf 
limited,  and  prhieipally  Sarried  on  by  Bnglish  and 
Spanish  capital,  covered  bv  th«  American  flag,  and 
the  Koods  were  introdooed  by  bribery,  or  *y  ftivof 
of  the  viceroy.  Tbe  levoloiion  of  Spaia  pat  a 
stop  to  aaother  attemat  of  tbe  British  to  obtalta 
possesshm  cff  these  coventes.  The  denosrttev  of 
the  Spanish  aotht^rities,  and  the  establishment  of 
the  Junta  in  Aenos  Ayrss,  aga^  opened  the  ports 
of  tbe  rivwr  Plata  to  the  British  flag.  Bager  to 
realhce  ihe^r  former  dreams  of  commercial  pto9« 
pisrity,  a  large  capital  was  immediately  tarnei 
into  tMB  channel.  Entirely  ignorant  of  the  eon^ 
swrnptitm  ef  the  country,  and  ef  the  wants  of  thef 
iahahiiants.  they  overstocked  the  market  wifk 
ei^ery  article  af  Brkish  mannfhetttre.  The  qpkaaH 
tivy  of  merohaadise  brought  iaco  theete  ports  da- 
ring Che  first  six  moaths  Was  equal  to  the  formeir 
couMimptiott  of  six  yearn  i  and  skates  aad  warmMf 
paas  were  seen  daagMng  in  the  shops  of  tt^nee 
Ayvee  and  Meatevideo.  The  A>rmer  exorbitant 
duties  contlnned  to  be  levied  with  so  little  regard 
to^nstiee,  that  frequentiv  the  merchants  not  onty 
lest  the  prime  cost  and  rreight  of  the  articles,  bM 
had  a  further  sum  to  pay  mr  dalles;  and  several 
petitions  were  presented,  prayiw  to  he  allowed  to^ 
abaadon  the  goods  in  satisfectton  af  the  dntfes. 
The  moathly  receipts  ef  customs  in  Buenos  Ayresj, 
dnring  the  year  1810.  sometiaies  exceeded  tw# 
hvndred  thovsand  dollars,  and  the  aggregate  ef 
that  year  was  two  million  two  hnadred  and  t«a( 
thousand  dollars.  From  the  state  of  the  market 
ia  Bnenos  Ayres,  the  merchsnts  in  Boglaad  wera 
mined  by  the  slownem  of  the  returns }  and  many 
fomd  it  necessarr  to  Instruct  their  agents  to  malie 
any  sacriftea,  and  to  sell  at  any  price.  Salea  af 
«netien,toan  immenee  amount,  were  coitsequeHilf 
made  below  the  first  cost  af  ^  artidea.  The 
eflkt  of  these  sales  was  to  redoee  tha  price  of  all 
Bogiish  manufiictnree  $  and  I  afterwards  saw  Eng- 
lish prints  and  calicoes  retailed  in  the  shops  of 
Menooza,  a  distanceof  three  hiradred  leagaesfirmia 
the  coaat,  below  the  retail  price  in  London.  The 
English  agent,  who  received  his  per  centage  ott 
«haealas,attdiheSpMiafaornatt¥econslgnea,whoai 


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APPSSXDJ3L 


38M 


Omdkikm.^  Samth  Ammca. 


tbe  law  obliged  him  to  emplof .  were  onrkbedi  bat 
tbe  priocipaU  in  Eoglana  failed.  Frequent  ai- 
tempu  were  made  to  prefailapen  the  GoYernmeDt 
of  Buenos  Ay  res  toaimplifjr  the  manner  of  colleeting 
their  duiieff,  and  to  establisb  a  tariff  of  their  own, 
independent  of  the  absurd  and  complex  regula- 
tions of  Spain.  A  more  liberal  system  was  with 
diffieulty  extorted  from  them.  The  monopolies 
were  abolished.  The  obligation  to  employ  a  Span 
iah  or  native  consignee  was  done  away,  and  for- 
eign mercbanu  pnermitted  to  enter  their  shipe 
aiul  dispose  of  their  cargoes  in  their  own  name. 
At  the  commencement  of  the  revolution  the  ex- 

fortation  of  silver  was  permitted  on  payment  of 
ve  per  cent  duty.  It  was  afterwards  prohibit- 
•d;  nut  the  Government,  finding  it  ii^possible  to 
prevent  iu  being  smuggled  from  the  country, 
again  permitted  the  exportation,  increasing  the 
export  duty  to  six  per  cent,  for  coined  silver,  and 
twelve  per  cent,  tor  uncoined  silver;  two  per 
teat,  for  coined  gold,  and  eight  per  cent,  for  un- 
eoiaed  gold,  and  an  additional  half  per  cent,  on 
both  for  the  consulate.  The  mines  of  Potosi  have 
not  been  worked  to  any  considerable  amount 
aiaoe  the  revolution.  The  specie  exported  is 
brought  chiefly  from  Chili,  and  amounts  to  about 
three  millions  of  dollars  annually.  The  British 
frigates  on  this  station  are  relieved  ever^  six 
months,  and  since  the  year  1810  have  carried  to 
ftngland  nearly  tea  millions  of  dollars.  This 
money  was  shipped  partly  on  account  of  individ- 
uals, and  partly  on  that  of  the  British  Govern- 
ment. Their  agent  in  Buenos  Ayres,  the  consul 
graeral,  bought  the  specie  at  a  premium,  chiefly 
om  the  Spanish  merchanis,  who  were  anxious 
to  remove  their  funds  from  America.  In  1813 
the  Government  published  the  following  commet- 
eial  regnlatione,  which  remained  in  force  for  some 
time.  The  Government  beinff  anxious  to  regu- 
late the  duties,  and  to  establish  the  order  of  their 
eoUection  in  the  custom-houses  within  the  terri- 
tories of  the  United  Provinces,  in  the  manner 
most  oonvenient  to  the  ffeaeral  mterests  of  com- 
merce, and  do  away  all  former  abuses  \  to  pro- 
portion the  imports  to  the  nature,  necessity,  and 
value  of  the  articles  of  commerce,  so  far  as  the 
extraordinary  demand  and  present  situation  of 
the  treasurv  will  admit ;  and  to  furnish  the  mer- 
chants with  a  clear  and  exact  statement  of  the 
duties  to  be  paid,  in  order  that  they  may  in  no 
event  be  involved  in  doubts  and  perptexity,  which 
might  intimidate  their  enterprise,  or  retard  the 

C ogress  so  important  to  the  public  prosperity;— 
ive  decreed,  with  the  previous  concurrence  of 
the  Permanent  Council  of  the  Sovereign  Assem- 
bly :  First.  From  the  1st  day  of  January,  1814. 
Iwenty-five  per  cent,  shall  be  collected  on  all 
manufactures  and  foreign  articles,  except  those 
hereafter  specified,  as  the  only  duty  of  entry,  to 
be  calculated  on  the  current  marttet  prices  at  the 
time  of  their  extraction  from  the  warehouse. 
Secondly.  For  this  purpose  the  merchants  will 
present  the  invoices  with  the  prices  affixed,  which 
the  officers  of  the  customs  shall  examinCi  in  order 
to  calculate  the  duties.  Thirdly.  In  case  the 
ptiaet  fixed  by  the  merchant  be  not  regulated  on 


the  market  price,  the  officer  of  the  custeuM  shaU 
signify  it  to  him .  and  should  any  dispute  aiiae 
two  arbiters  shall  be  named — one  bv  eaeh  pany, 
and  a  third  chosen  by  them — in  order  to  decide 
thereon.  Fourthly.  Foreign  wines  and  braadieai 
oil,  ready-made  olothes,  boots  and  shoes,  and 
furniture,  thirty-five  per  eent  Fifthly.  Muslina 
and  hats,  fifty  per  cent.  Sixthly.  Crockery  Md 
^lass,  fifteen  per  cent.  Seventhly.  The  Ibllnw^ 
ing  articles  are  free  of  all  duties:  quicksilver, 
machinery  and  instruments  for  mining, and  thoan 
of  the  sciences  and  arts,  all  implements  and  loola 
of  trade,  books  and  printing  presses,  u  Ukewiae 
boards  and  all  sorts  of  lumber;  saltpetre,  goa- 
nowder,  flints,  fire-armS|  and  sabres  and  swordi 
lor  the  use  of  cavalrjr.  Published  in  the  Mini^ 
terial  Gaxette,  and  signed  hy  Nicholas  R.  Penmi 
Juan  Sarrea,Gervasia  Antonio  Posadas,  (AfoMiel) 
Jo9i  Garcia,  StcrHary. 

The  market  of  Buenos  Ayres  continnes  to  be 
overstocked  with  English  goods,  but  thair  naer- 
chants  are  now  better  acquainted  with  the  waats 
of  the  inhabitants;  ponchos,  rugs,  saddles^  bkm^ 
lassos,  balls,  and  in  short  every  article  formerly 
supplied  by  their  domestic  manutaeturca  are  noir 
brought  from  England.  The  Guernsey  and  Jet^ 
sey  traders  bring  French  and  German  goods, 
which  are  preferred  to  Bsglish.  Furniture,  eotd* 
age,  canvass^  naval  stores,  paper,  liquors,  and 
strong,  black  tobacco,  find  m  ready  sale,  and  will 
bear  the  duties.  All  goods  mentioned  in  the 
eeventh  commercial  regulation  are  in  constaat 
demand.  China  and  India  goods  sell  well,  and 
the  British  merchants  resident  in  Buenos  Ayres 
have  lately  despatched  three  ships,  direet  %m 
India  and  China,  from  the  river  of  Plata.  The 
principal  returns  are  hides,  tallow,  horses,  va* 
cuna  wool,  skins,  feathers,  bark,  copper,  gold, 
and  silver.  Hides  pay  twenty  per  cent  export 
duty,  and  all  the  other  articlea,  except  the  pre- 
cious metals,  fourteen  per  cent.  The  commerce 
of  Chili  offers  great  advantages  to  the  traders  to 
China  and  to  the  East  Indies.  It  h  a  well-knowa 
fact  that  specie  is  almost  our  only  medium  of  trade 
with  those  countries,  which  not  only  deprtYea 
the  merchant  for  manjr  months  of  the  nsa  of  a 
large  sum,  but  obliges  him  often  to  collect  dollan 
at  a  premium ;  whereas,  if  the  ports  of  Chili  were 
used  as  a  scale,  the  goods  suited  to  the  market— 
such  as  furniture  and  French  and  German  maa- 
uikctures— are  obtained  in  the  United  States  nc 
n  credit,  and  the  returns  received  in  Chili  in 
copper  and  silver.  In  Chili  the  mines  of  silver 
are  the  most  productive  ever  wrought.  The  min- 
eral of  those  discovered  within  the  last  three 
years  in  the  province  of  Guasco  yielded  a  oMet 
extraordinary  product  of  silver,  which,  compared 
with  that  of  Potosi,  is  as  forty  to  fourteen.  It  is 
not  ascertained  whether  these  rich  mines  extend- 
ed to  any  mat  depth.* 

Furs  might  be  obtained  if  there  was  any  en* 

*  In  Potosi  a  cazon  of  ors  yields  from  iMutssn  lo 
twenty  marks  of  sihrer,  and  in  Goasoo  eeven^  naike 
have  been  extracted  from  a  caxon»  but  the  avwage 
prodnct  is  forty  marks. 


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JLPPJSSDIZ. 


mm 


QmdUion  qf  South  America, 


conragemeDt  to  collect  them.  Traders  might 
station  small  detachments  along  the  coast  and  on 
the  islands,  to  procure  seal  skins,  an  article  of 
great  demand  in  China,  and  very  abundant  in 
these  seas.  All  instrnments  of  trade  and  manu- 
factures are  introduced  into  both  countries  free 
from  doty.  During  the  last  war  between  Russia 
and  Eogland,  a  press  was  erected  in  Valparaiso 
for  the  purpose  of  pnckiog  hema  and  large  quan- 
tities of  that  article  were  sent  to  fiuffland.  In  the 
ereot  of  the  intermediate  ports,  as  they  are  called, 
(puerto8tnlermedio8i)  Arica,  Arequipa,  dbc,  beiog 
opened  to  a  free  trade,  it  is  probable  that  Upper 
Peru  will  be  supplied  through  that  channel.  The 
distance  is  not  so  great,  and  the  roads  are  better 
than  those  to  the  Atlantic  ports.  The  trade  of 
Chili  has  hitherto  been  confined  to  Lima  and 
Buenos  Ayres.  The  viceroyalty  of  Lima  was 
supplied  with  grain  from  the  ports  of  Valparaiso 
and  Talcahuana,  and  the  returns  made  in  sugar, 
fossil  salt,  rice,  and  cotton.  The  trade  between 
Buenos  Ayres  and  Chili  was  carried  on  by  cara- 
vans of  carts  from  Buenos  Ayres  to  Mendoza,  at 
the  foot  of  the  Andes,  and  from  thence  on  mules 
to  Santiago.  The  principal  articles  sent  across 
the  continent  by  the  merchants  of  Buenos  Ayres 
were  European  dry  ^oods  and  the  herb  of  Para- 
guay. They  received  in  return  the  sugar  of  Lima, 
copper,  and  gold  and  silver. 

In  tne  hands  of  freemen  who  were  sensible  of 
Its  advantages,  and  under  an  enlightened  Qovern- 
ment,  Chili,  from  the  number  and  variety  of  its 
productions,  which  yield  the  raw  material  of  every 
sort  of  manufacture,  has  within  itself  the  means 
of  greatness ;  and,  from  the  number  of  its  harbors 
and  great  extent  of  coast,  might  carry  on  an  ex- 
tensive and  lucrative  commerce  with  the  inter- 
mediate ports,  and  the  viceroyalty  of  Lima,  the 
Philippine  islands,  the  Blast  Indies,  and  China. 

The  commercial  regulations  of  these  countries 
have  been  so  frequently  altered,  that  it  is  difficult 
to  say  what  they  now  are.  This  uncertainty  dis- 
couraji^es  commercial  enterprise,  even  more  than 
exorbitant  duties. 

7^  fcgrapkieal  dMtion  of  the  ViceroyaUp  rf 
Peru. 

The  viceroyalty  of  Peru  extends  365  leagues 
north  and  south,  from  3  degrees  35  minutes  of 
south  hititude,  and  126  leagues  east  and  west,  be- 
tween 63  degrees  56  minutes  and  70  degrees  18 
minutes  from  the  meridian  of  Cadiz. 

The  bay  of  Tumbex  separates  it  on  the  north 
from  the  kingdom  of  Qranada.  The  river  of  Loa 
on  the  south  from  the  desert  of  Atacama,and  the 
kingdom  of  ChilL  The  Cordillera  of  Vilacota, 
In  14  derrees  south,  separates  it  from  Buenos 
Ayres.  On  the  east  it  is  bounded  bv  an  immense 
desert,  and  on  the  west  by  the  Pacific  ocean.  The 
fttte  of  the  country  is  extremely  unequal ;  bor- 
dering on  the  coast  it  is  a  barren,  sandy  desert, 
with  a  few  small  bttt  fertile  valleys,  and  in  the 
interior  are  the  lofty  mountains  and  deep  valleys 
of  the  Cordillera.  The  temperament  varies, 
therefore,  in  the  same  latitude.    In  the  habiuble  | 


parts  of  the  mountains  the  thermometer  of  Reau- 
mur varies  from  3  degrees  below  0  to  9  degrees 
above.  At  Lima,  and  generally  along  the  coast, 
the  constant  variation  of  the  thermometer  is  from 

13  decrees  to  1^3^  degrees.  The  productions  of 
Peru  follow  the  nature  of  its  different  climates. 
Wine,  oil,  and  sugar  are  the  most  valuable  pro- 
ductions of  the  coast ;  corn  and  wheat  of  the  val- 
leys ;  and  bark  and  cocoa  of  the  mountains. 

The  annual  product  of  the  mines  is  valued  at 
$4^,000. 

The  population  of  the  viceroyalty  is  calculated 
at  1,076  997  souls. 

It  is  divided  into  seven  intendancies,  compre- 
hending 51  districts :  the  latter  governed  by  sub- 
delegates  responsible  to  the  intendant,  who  is 
under  the  direction  of  the  superintendent  general, 
a  dignity  always  invested  in  the  viceroy. 

Tne  viceroyalty  contains  five  dioceses. 

Lima,  the  capital  of  Peru,  is  situated  in  12  de- 

frees  2  minutes  51  seconds  south  latitude,  and 
0  d^ees  50  minutes  51  seconds  longitude,  and 
was  founded  by  Don  Francisco  Pizarro  in  1539; 

Notwithstanding  the  frequent  earthquakes 
which  destroyed  the  city  in  the  years  1586, 1630. 
1655, 1687,  and  1764,  Lima  occupies  an  area  of 
ten  miles  circumference,  including  the  suburb  of 
San  Lazaro.  The  population  amounts  to  52,627 
inhabitants:  292 clergy,  991  religious  monks  and 
friars,  572  nuns,  84  beatas,  17,215  Spaniards  and 
white  Creoles,  3,912  Indians,  8,960  negroes,  and 
the  remainder  intermediate  classes  mixtures  of 
the  others. 

The  intendancy  of  Lima  comprehends  74  doe* 
trinas,  (curacies,)  3  cities,  5  towns,  and  173  town- 
ships ;  population  149.112  souls :  431  clergy,  1,100  ' 
religious,  572  nuns,  84  beatas,  22,370  Spaniards 
and  Spanish  Creoles,  63,180  Indians,  13,747  mes- 
tizoes, 17,864  mulattoes,  and  29,763  slaves.  It  is 
divided  into  eight  districts  in  the  following  order : 

Cercado  de  !Ltma.— This  district  comprehends 

14  curacies,  1  citv,and  6  townships,  and  contains 
a  population  of  62,910  souls:  309  clergy,  991  re* 
ligious,  572  nuns,  84  beaUs.  18,219  Spaniards  and 
Spanish  Creoles,  9,744  Indians,  4,879  mestizoes, 
10231  free  people  of  color,  and  17,881  slaves. 
Tne  principal  produce  is  fruit,  honey,  sugar,  and 
vegetables,  which  are  consumed  in  the  capital  to 
the  amount  of  $500,000  per  annum. 

Oofiete.— This  district  comprehends  7  curacies 
1  oitv,  1  town,  and  4  townships.  It  Is  inhabited 
by  12,616  souls :  15  clergy,  19  religlovs,  465  Span- 
iards and  Spanish  Creoles,  7,095  Indians.  737  mes« 
tizoes,  992  tree  people  of  color.  3,363  slaves :  pro- 
duces sugar,  grain,  and  some  nitre ;  annual  vslue^ 
9350,000. 

The  district  of  lea  comprehends  10  curacies,  1 
eitv,  2  towns,  and  3  townships.  Inhabitants  20,- 
576 :  22  clergy,  72  religious^  2,168  Spaniards  and 
Spanish  Creoles,  6.607  Indians,  3,405  mestizoes, 
4,306  free  people  of  color,  4^004  slaves.  A  copper 
mine  is  wrought  in  this  district,  which  also  pnn 
duces  brandy,  olives,  and  some  sugar,  and  manu- 
fkctures  glass  and  soap;  annual  value,  $588,742^ 
4  rials. 

Yaugoe  comprehends  7  ciraciesand  2§  town- 


Digitized  by  VjOOQIC 


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A7FIMIIIX 


Chmmm  ^  J^m^h  4mmc^ 


ahiM.  It  is  iohabitied  by  9^74  soaU :  12  clergy, 
13  Spaniards  and  Creoles,  Sfl%  Indians,  93  mes- 
tizoes, and  1,451  Iree  people  of  color :  produces 
cattle  and  sUeep;  annual  value  ^0,200. 

Buarochiro  comprehends  11  curacies  and  39 
townsUips.  and  is  inhabited  by  14.024  souls  :  26 
clergy,  220  Spaniards  and  Spanish  Creoles,  13,- 
084  Indiana,  591  mestizoes,  19  free  people  of  color, 
and  84  slaves.  The  produce  of  this  district  is 
grain  aAd cattle,  and  it  possesses  rich  silver  mioes ; 
annual  value  not  ascertained. 

Conia  comprehends  9  doctrinas  and  54  town- 
ships, and  is  inhabited  by  12,133  souls ;  20  desgy, 
67  Spaoiards  and  Spanish  Creoles,  10,333  Indii^ns, 
and  1,723  mestizoe^i :  produces  Indian  com,  po* 
t^toei,  and  cattle  $  aiinual  value,  ^0,103. 

QMncaif  comprenends  9  doctrinas,  2  towns, 
and  28  townships,  and  is  inhabited  by  13.945 
•oqIs:  18  clergy,  15  rel^ou^s,  969  Spaniards  mid 
SiMyiish  Creoles,  7,510  iodians,  l^OSl  maisuzpes, 
759  Cvee  mulfittoes,  and  3,604  slaves:  produces 

(rain,  sMgar,  imd  catde ;  ima4al  vatoe,  $465,504 
fi^ls* 

Sanim  comprehends  7  doctrinas  and  14  tpwn- 
^bdjM,  and  is  inhabited  by  3,334  souls:  19  clergy, 
(79  Spaniards  and  Spanish  Creoles,  873  tadiaaa, 
)U237  BM^tizoes,  108  free  mul&uoes,  and  827 
f£%fea:  produces  sugar,  grain,  aa4  ^^^^^  t  ^^i^Aat 
value  $245,000. 

bUendanq^  of  C4i«co.— Th«  city  of  Cu?co,  cap- 
kal  of  the  formef  Incas,  is  sitiMted  in  13  degreas 
ta  miuutes  20  seconds  south  latitude,  65  degrees 
i5  minutes  20  seconds  longitude.  It  was  founded 
in  th^a  eleventh  century  by  Manco  Capac,  and 
takea  possession  of  by  Francisco  Pizarro  V)  1534. 
Tl^  popiilfiktion^  is  estimated  at  32,082  souls  :  89 
clergy,  436  religious,  166  nuns,  U3  beatas,  16,122 
Spaniards  and  Spa<iisk  eseoles,  14,254  Indians. 
203  negroes,  jifMl  the  remainder  mfitti?oes  find 
mulattoes. 

The  intendancy  of  Cuzco  compreheada  102 
dbctrioas.l  city,  2  towno,  131  townships,  inhabited 
by  216,382  souk :  315  cletty,  474  religious  re^ 
fluses,  166  nuas,  113  beatas.  31,928  Spaniards  and 
Spanish  Creoles,  159,105  tnditmii,  23,104 meatizoei^ 
993  free  mulattoes,  and  283  ^aves. 

Oercado  did  Cuzeo  comprehends  8  dootriaas,  1 
pity,  iohi^hited  by  32,082  slaves,  89  cleisy,  436 
religious  recluses,  166  nuas,  113  beatas,  16,122 
Spaniards  aad  SpMisb  arfoita,  14,254  In4ia.os, 
^  free  mulattoes,  203  slaives,  the  remaindet 
QM^ti^oes:  prodiicee  gr^n,  an4  mum4ii;t»rfa 
aoiQf  W9<>llen  and  ept^n  stttfis. 

Abofaca^.-^ThkB  district  compreheoda  9  doo- 
trioas^i^ad  8  townships,  inhabited  by  25,259 souls: 
33  clergy.  1,937  Spaniards  and  Spanish  creobsi 
]|8,419  indiaa^^4,7^  B^tizoeindO  freenattlaUoes. 
81  slaves:  produces  sugar,  cotton,  g;iiaiii»  mo 
aoG9a  ;  afuanal  value.  |350,000^ 

Ammarae^  oomprenends  16.  doctrinas  and  34 
towAship.8,  inhabit^  by  15^1  souls:  24  deu^r, 
I  recluse,  4,474  Spaniaicda  and  Spanish  Creoles, 
and  10,782  Indians:  produces  various  kinds  of 
dyes,  raises  cattle,  and  manufactures  some  woolieD 
stuffs ;  aaaual  value,  $145,000. 
MOc^  amU  Imt^  aenpcthaad  5  doatmiuijWid 


6  townships,  irtabited  by  6^99  souls :  13  clergy, 
347  Spaniards  and  Spanish  creQleS|  5^519  lodiani, 
and  &0  mestizoes:  produce  grain,  cotton,  ted 
pepj>er,  cocoa,  and  manufacture  abou  wooUta 
stufs ;  annual  value,  $176,239. 

Urabamba  coioprehends  6  doctrinas  and  4 
towoatiips,  aad  is  inhabited  by  9^0  souls :  28 
clergy,  35  religious,  835  Spaniaras  and  Sfaaish 
credes,  5,164  lodiaiiLS,  and  3,194  mestizoes:  pro* 
duce  grain,  cocoa,  and  a  variety  of  fruits ;  annoial 
value.  $89,098w 

Ckdabambaa  compre^nds  13  doctrio^  and  14 
towBshipji,  and  i#  inhabited  by  19,824  souls:  19 
clergy,  186  Spaniards  and  Spanish  erodes,  1$^ 
237  Indians,  and  1,382  me&tizoes :  r^uces  Ii^ 
dian  corn  aad  grain ;  annual  raUe,  ^0,000. 

Pararo  comprehends  9  docUinas  and  19  towBr 
ships,  inhabited  b^  20,236  soula :  20  clergy.  1  ler 
eluse,  2,331  Spaniards  and  Spanish  cceolea,  15,034 
Indians,  2,733  mestizoes,  ana  117  free  auilauoes : 
produces  grain  and  cattle,  and  manufactures  linen 
cloth ;  annual  value,  $96,471. 

ClambibUcaa  comprehends  11  doctrinas  ao4 
12  townships,  and  i&  inhabited  by  15,973  aaola : 
27  clergvj  4.471  Spaniards  and  Spanish  creolea, 
and  11,475  todians :  produces  grain,  and  inaiia* 
faciVMres  liaea  cloths ;  annual  value,  $18,600. 

JHnta  comprehends  11  doctrinas  and  13  towa- 
ships,  and  is  inhabited  by  36,968  souls :  27  deixy, 
S34  Spaniards  and  Spanish  Creoles,  29,045  In* 
dians,  5,420  mestizoes^  and  152  free  mulaupes : 
produces  grain  and  ships,  and  manufactuias  linea 
cloths ;  annual  value,  $152,309|. 

Quispicanchi  comprehends  10  doctrinas  and  16 
townships,  and  is  inhabited  by  24.337  souk:  25 
clergy,  1  recluse,  37  Spaniards  ana  Spanish  Cre- 
oles, 19,947  Indians,  4,306  mestizoes,  and  21  fret 
mulattoes:  produces  grain,  cattle,  wool,  tndsalc, 
and  manufactures  liqen  doths;  annual  value,— *v 

Paucartambo  comprehends  4  doctrinas  and  8 
townships,  and  is  inhabited  by  12,973  souJs:  16 
clergy,  764  Spaniards  and  Spanish  Creoles,  11,229 
Indians,  957  mestizoes,  and  7  muiattoesjprodueea 
wood  and  cocoa ;  annual  value,  $390,972. 

Mendancy  rfAreq»ipa,—^he  city  of  Arequlpa 
is  situated  in  16  degrees  13  minutes  20  seconda 
MUth  Uumde,  66  degraaa  6  miuM^  3^  mcmlb 
longitude.  Its  populaitoa  is  estimated  at  83,968 
soiUs :  50  deigy.  225  religious,  162  imns^5  beittas, 
15j737  Span,iaras  and  Spanish  credes,  1,515  In- 
dians, 4^129  mestizoes,  the  remainder  asoiattoea 
jfftd  negroes. 

:  The  intendancy  of  Arequipa  comprdieada  60 
(doctrinas,  2  cities,  2  towns,  and  8  townships,  in- 
habited by  136,801  souls :  326  clergy.  284  rdigido^ 
1^  nuns,  5  beatas,  39,357  Spaniards  and  Spaniak 
Creoles,  66^609  Indians.  17,797  mestizoes  7,003 
free  mulattoes.  and  5,258  slaves. 

Cercadodtjireqmpa  comprehendalldocUiaaei 
1  city,  and  2  townships,  inhabited  bv  37,721  aouls : 
93  dergy ,  325  religious  recluses,  162  nuns,  5  beatif 
22,687  Spaniards  and  Spanish  Creoles,  5,929  In- 
dians, 4,908  mestizoes,  2,477  free  mulattoes,  and 
1,225  slaves :  produces  grain,  wine,  brandy,  sugar, 
cotton,  and  oil ',  annual  value,  $636,800. 

Camitna  coi^rehenda  7  doctrinas  and  8  Iowa* 


Digitized  by 


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OondUion  of  SoiUh  Amerw^, 


34  clerjjr,  Q  rc- 
and  Spanish 


ships,  inhabited  by  19,05^  souls 

UgioQs  recluses,  5,005  SpaiUards 

eieoles.  1^248  Indians,  1,(^1  mestizoes,  1,747  free 

mulattbes,  and  887  slaves :  produces  wine,  sugar, 

and  oil ;  annual  value.  $300,000. 

CtmdemtyoB  eomprenends  9  doctrhias  and  18 
townships,  and  is  inhabited  bj  20,145  souls:  35 
tlvrgf,  3,603  Spaniards  and  Spanish  creoleo, 
12,011  Indians,  4,356  n^stiii^oes,  34  free  mulattoes, 
find  44  slaves :  eontaina  gold  minxes, and  produces 
bbchioeal  and  grain  ;  annual  value,  9^)458. 

CoUofuas  conaprehends  16  doctrinas  and  10 
lowashipa.  and  is  inhabjud  bf  13,905  souls ;  40 
otergj,  212  Spaniard  ^nd  Swinish  Qreoies,  11,- 
872  Indians,  l,4l7  mestizoes,  335  free  i^pulattoeL 
and  22  slaves:  produces  grain  and  wool,  and 
manuifaeuir^  some  woolleo  stuflfs ;  annual  vatue. 
ft70^100.  I^ke  Mlver  mines  in  this  district  yield 
dBDually  34,000  o^arks. 

'  iMbjtie^uacofflmreheiidsddDe^riqu^dBtown- 
ahifs,  and  is  inhahiteif  bv  28,279  souls :  53  clergy, 
22  religiotts  recluses,  5.&96  Spaniards  and  Span- 
ish cceolas)  17,272  locHana.  2,916  me&tizoes,  ^ 
tiee  nulattoes,  and  1,526  slaves :  produces  graiif 
•Ad  wine;  annuat  value,  $705,0001 

Aricd  comprehends  7  dpctrinas,  1  city,  and  26 
township^  inhabited  by  18,776  souls:  .44  clergy, 
21  religious  recluses,  1J585  Spaniards  and  Span- 
iftk  craolea,  12,87^  Indians.  },977  mestizoes,  985 
Aee  mulattoes,  and  1,294  sfav^^ :  produces  winei 
grain,  coiton,  and  oil ;  annual  value.  (160,900. 

Hirapaca  comprehends  4  doctrinas  and  12 
townfthips,  inhabited  by  7,923  sools :  27  clergy, 
tfH^  Spaniards  and  Spanish  Creoles,  5,406  India^is, 
1,200  mestizoes,  528free  mulattoes,  and  253  slaves: 
moduces  wine  and  some  grain;  annual  value, 
i8l,400»  The  silver  mines  of  this  district  pro- 
duce annually  72462  marks. 

The  vtUendancy  of  TYuxtao.—The  city  of  Trux- 
ilb  is  situated  in  8  decrees  5  minutes  south  lati- 
tude, and  72  degrees  44  minutes  longitude,  found- 
^  bjr  W^mckao  Pi^arro  in  1535 :  po^aiioo,  5^790 
soula;  133  deify,  6Q  reKgioiis  Ee^lusea,  129  nuns, 
1|263  Spaniards  and  Spanish  Creoles,  274  Indiana, 
ZRI  Df^estizoes,  1,000  negroes,  and  the  rest  mulaU 
toes.  The  intendancy  of  Truzillo  comprehends 
^  dpctrinas,  5  cities,  2  towns,  and  142  townships, 
nppulation  230.267  souls :  400  clergy,  160  r^i- 
gious  recluses,  162  nuns,  19.098  Spaniards  and 
Spanish  Creoles,  115,647  Innians,  76,949  niesti- 
Zpes,  13L757  free  mulattoes,  and  4,725  slaves. 
'  Cercddo  de  TYtucillo  comprehends  10  dpctrinai 
mid  6  townships,  population  12,032  souls:  144 
clergy,  60  religious,  129  nuns,  1,434  Spaniards 
l^nd  Spanish  Creoles,  4,577  Indians,  1,549  mesti- 
^es,  2^357  free  mulattoes,  and  1,582  slaves:  pro^ 
duces  sugar,  rice,  oil,  cotton,  and  Tarlous  gums  $ 
^nnotai  value,  $31,756. 

tktmhaifeque  comprehends  20  doctrinas  and  7 
townships,  population  35,192  souls:  62  clergy, 
27  religious,  2,299  Spaniards  and  Spanish  Cre- 
oles, 22,333  Indians,  5,448  mestizoes,  3,192  free 
mulattoes,  and  1,831  slaves :  produces  grain,  saf- 
fron, sugar,  tobacco,  and  cotton;  manufactures 
some  cotton  and  woollen  stufis,  soap,  dbe. ;  an- 
nual vaiue^  $397,799. 


Pvira  comprehends  12  doctrinas  an4  14  town- 
ships, population  44,491  souls:  61  cleig^,  18  rer 
liffious,  2,874  Spaniards  and  Spanish  Creoles^ 
24,797  Indians,  10,654  mestizoes,  ^,203  free  mu- 
lattoes, and  884  slaves:  produces  grain,  cottozL 
apd  some  indigo;  abounds  with  cattle {.^uaual 
value,  ^2,686. 

Ccuvamarca  comprehends  17  doctrina&  ^ad  26 
townships,  population  62^199  souls:  23  clergy,  50 
religious,  33  nuns,  7,835  Spaniards  and  Spanish 
Creoles,  29,692  Indians,  22,299  mestizoes,  1^75 
free  mulaUoe^  and  328  slaves:  produces  giaia 
and  cotton ;  abounds  in  cattle ;  and  n^auttfactuMi 
cotton  and  wooUen  stufis ;  annual  Yf^ue,  $  '    i^ 

Cftoto.— Not  able  to  ascertain  any  correct  iu* 
formation  respfpting  i^  diatrict;  posi|^i|Hfi  aich 
mines. 

Si/ifivnachuco  comprehends  8  doctrinaa  a^d  2P 
townships,  population,  38,150  sopls :  64  clariy^ 
2^3  Sjpaniarus  and  Spanisih  ciieoles,  17,;il7 1^ 
dians,  18^367  nestizoeij,  250  fre^  inp)Mu>e%  %nd 
79  slaves^  proauces  grain  and  cocoa,  and  oiaai^ 
factures  linen  ckths;  annual  value,  |$7,Q$3. 

Patax  comprehends  3  doctrinas  aad  13  towAr 
ahips,  population^  13,508  souls:  11  oleufy,  9  car 
ligious,  967  Spaniards  and  Spanish  cre^ples,  4{fiSl( 
Indians,  7,678  mestizoes,  194  free  n^uLatt«es,  aat 
a  slaves,  produces  grain  and  sugar^  and  abo«aida 
in  cattle ;  annual  value,  $3^^264.  '^ht  gold  mlim 
of  this  district  yield  250  pounds  per  annum,  and 
the  silver  500  nuirl»;  value  of  both,||35,500. 

Cfuicapoyas  comprehends  17  ^octrinas.  aad  60 
townships,  population,  25,398  souls:  34  clervy, 
11  religious,  1,396  Spaziiards  and  Spanish  creaU^ 
12,504  Indians,  10,954  mestizoea,  486  free  mulat- 
toes, ^nd  13  slaves :  produces  tobuicco,  bark,  sugar, 
and  cocoa. 

JhtmUincy  qf  Suamanga,'-The  city  of  Hua- 
manga  is  situated  in  13  degrees  1  miniue  south 
latitude^  and  68  decrees  6  minutes  lon«itu4ai 
population  25,970  souls:  25  cler|^,  42  religiouai 
82  nunsj  169  Spaniards  and  Spanish  Creoles,  20f> 
373  Indians,  4,382  mestizoes,  and  the  renuAqdw 
mulattoes  and  negroes. 

The  intendancy  qf  Suamaoga  comprahaodi 
50  doctrinas,  1  ciiy,and  134  townships,  and  iata- 
habited  by  111,559  souls :  176  clergy,  4&  religuuis, 
82  nuns,  5,378  Spaniards  and  Spanish  aret^as* 
75,284  Indians,  29,621  mestizoes,  di3  free  mulal* 
toes,  and  30  slaves. 

Cercado  de  Siamanga  compreheiM|a  3  doctri- 
nas and  2  townships,  and  is  inhabited  by  25,970 
souls :  25  clergy,  4^  religious,  ^2  nuns,  169 
SMuiarda  and  Spanish  Creoles,  20.373  Indian^ 
4,372  mestizoes,  30  slaves,  the  rest  free  uuiiat* 
toes :  possesses  son^e  manulactuf ea;  annual  valuti 
S34.268. 

ilnco  comprehends  1  doetrina  and  4  townahipa^ 
inhabited  by  2,022  souls:  9  Spaniards,  1.744  In- 
dians, 269  mestizoes :  produces  sugar  and  coffee ; 
annual  value,  $18,795. 

Huantd  comprehends  7  doctrinal  and  20  towa* 
ships,  and  is  inhabited  by  27,337  souls:  45clergyi 
3  religious,  219  Spaniards  and  Spaabh  creoleai 
19,981  Indians,  10,080  mestizoes,  and  9  ftea  mu- 
lattoes. 


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2271 


APPENDIX. 


2272 


Condition  of  South  America, 


Congallo  comprehends  10  doctrinas  and  31 
townships,  and  is  inhabited  by  12,474  souls:  31 
clergy,  62  Spaniards  and  Spanish  Creoles,  10,011 
Indians,  2,363  mestizoes,  and  7  free  mulattoes: 
produces  grain  and  cattle. 

Andahuaylas. — This  district  comprehends  10 
doctrinas  and  18  townships,  and  is  inhabited  by 
12,020  souls:  20  clergy,  3,000  Spaniards  and 
Spanish  Creoles,  5,000  Indians,  4,000  mestizoes: 
produces  grain  and  sugar;  annual  value,  $74,384. 

Lucanas  comprehends  14  doctrinas  and  44 
townships,  and  is  inhabited  by  15.727  souls;  27 
clergy,  862  Spaniards  and  Spanish  Creoles,  12,700 
Indians,  2,076  mestizoes,  and  60  free  mulattoes: 
produces  grain  and  cattle. 

Parinacochas  comprehends  14  doctrinas  and 
16  townships,  population  16,011  souls:  28  clergy, 
1^057  Spaniards  and  Spanish  Creoles,  8,475  In- 
dians, and  6,451  mestizoes :  raises  cattle  and  man- 
ufactures cotton  stuffs ;  annual  value,  $56,000. 

htiendancy  ofHuancaveliccu — The  town  of  Hu- 
ancavelica  is  situated  in  12  degrees  53  minutes 
south  latitude,  and  68  degrees  46  minutes  long'i- 
tade:  population  5,156  souls:  21  clergy,  18  reli- 
ffious,  560  Spaniards  and  Spanish  Creoles,  3,803 
Indians.  631  mestizoes,  and  toe  remainder  mulat- 
toes and  negroes. 

The  intendancy  of  Huancavelica  comprehends 

22  doctrinas,  1  city,  1  town,  and  86  townships, 
and  is  inhabited  by  30,917  souls :  81  clergy,  18 
religious,  2,341  Spaniards  and  Spanish  Creoles, 
23,^9  Indians,  4,537  mestizoes^nd  41  slaves. 

Cercado  de  Htiancavelica, — This  district  com- 
prehends 4  doctrinas  and  6  townships,  inhabited 
by  5,146  souls :  21  clergy,  18  religious,  560  Span- 
lards  and  Spanish  Creoles,  3,803  Indians,  731  mes- 
tizoes, and  13  slaves. 

Angaraes. — This  district  comprehends  5  doc- 
trinas and  25  townships,  inhabited  by  3,244  souls : 

23  clergy^  219  Spaniards  and  Spanish  Creoles, 
2,691  Indians,  309  mestizoes,  and  3  slaves:  pro- 
duces sugar,  grain,  and  cattle;  annual  value, 
$85,000. 

Tayacaxa  comprehends  5  doctrinas  and  22 
townships,  inhabited  by  13,161  souls:  21  clerg^y, 
1,394  Spaniards  and  Spanish  Creoles.  9,020  In- 
dians, and  2,726  mestizoes. 

Casiroverreyna  comprehends  8  doctrinas  and 
35  townships,  inhabited  by  9,365  souls:  16  cler- 

?y,  168  Spaniards  and  Spanish  Creoles,  8,385 
ndians,  771  mestizoes,  and  25  slaves:  produces 
grain  and  cattle :  annual  value,  976,000. 

Mendancy  of  Tbrma.— The  town  of  Tarma 
is  situated  in  12  degress  33  minutes  49  seconds 
south  latitude^  and  69  degrees  29  minutes  longi- 
tude $  population  5,538  souls :  2  clergy,  361  Span- 
iards ana  Spanish  Creoles,  1,878  Indians,  3,244 
mestizoes,  the  rest  mulattoes  and  slaves. 

The  intendancy  of  Tarma  comprehends  79  doc- 
trinas, 1  eity,  2  towns,  and  203  townships,  inhab- 
ited by  201,259  souls:  229  clergy,  127  religious, 
16  beatas,  15,939  Spaniards  and  Spanish  creole.<*, 
105,187  Indians,  78,682  mestizoes,  844  free  mu- 
lattoes, and  236  slaves. 

Cercaldo  de  Tarma  comprehends  13  doctrinas, 
1  town,  and  45  townships,  and  is  inhabited  by 


34.491  souls:  32  clergy,  1,681  Spaniards  and  Span* 
ish  Creoles,  18,821  Indians,  14,300  mestizoes,  and 
77  free  mulattoes :  produces  grain  and  bark; 
annual  value,  $8,315.  The  mine  of  Yauricoch« 
yielded,  in  1793,  $2,016,703.  Rent  of  the  Crown 
for  Diezmos  and  Cobos,  (231,283. 

Xauja  comprehends  14  doctrinas,  1  town,  and 
16  townships,  inhabited  by  52,286  souls:  33  cler- 
gy, 84  religious,  1,713  Spaniards  and  Spanish 
Creoles,  28,477  Indians,  21,922  mestizoes,  and  58 
slaves. 

Caxatambo  comprehends  13  doctrinas  and  56 
townships,  and  is  inhabited  by  16,872  souls:  31 
clergy,  504  Spaniards  and  Spanish  Creoles,  10.500 
Indians,  4,808  mestizoes,  629  free  mulattoes :  pro- 
duces grain  and  cattle;  annual  value,  $30,000. 

ConchucoB  comprehends  15  doctrinas  and  19 
townships,  and  is  inhabited  hj  25^208  souls:  40 
clerffy,  2  religious,  1,384  Spaniards  and  Spanish 
Creoles,  9,899  Indians,  and  13,983  mestizoes :  pro- 
duces grain,  and  possesses  mines,  but  which  are 
not  very  productive;  annual  value,  $73^476. 

HuamaUes  comprehends  8  doctrinas  and  30 
townships,  inhabited  by  14^34  souls:  18  clergy, 
593  Spaniards  and  Spanish  Creoles,  8,957  Indians, 
4,625  mestizoes,  and  43  slaves:  produces  hark, 
cocoa,  and  cattle ;  annual  value.  $153,^0. 

HuayUu  comprehends  12  aocUrinas  and  SO 
townships,  inhabited  by  40.822  souls:  67  clengy, 
11  religious,  3,604  Spaniards  and  Spanish  ereolea^ 
20,935  Indians,  15,971  mestizoes,  138  free  mulat- 
toes. and  96  slaves. 

Huanuco  comprehends  4  doctrinas.  1  city,  and 
7  townships,  inhabited  by  16,826  souls:  9  clergy, 
30  religious,  15  beatas,  6,160  Spaniards  and  Span- 
ish Creoles,  7,598  Indians,  3,075  mestizoes,  and  39 
slaves:  produces  bark  and  cocoa,  and  exports  a 
small  quantity  of  silver;  annual  value,  945,094* 

Pano/oAua^.— Military  frovernment  of  Callao 
and  of  the  archipelago  of  Cbiloe. 

Number  of  Indiasufor  the  coUeeHon  of  tritmim 
levied  on  males  from  10  to  50  yean  of  age. 

Males 314,863 

Females 304^ 


Exempt  from  age,  sex,  a&d  rank 
Contributing      -        -        -        - 

Amount  of  tributes    -       -       - 
Of  the  common  hospital  fiind    - 

Pensions,  expenses,  dtc.     - 
Net  rent 


619,190 

-  473,615 

-  145,575 

.$885,^0 

-  25,^5a7 

911,4387 

-  374,0624 


$537,3563 


IhUiee. 

Imposts  into  Callao  6  per  cent,  alcavala,  and  3 
per  cent,  customs ;  woollen  exports  3  per  cent. 

The  interior  commerce  pays  6  per  cenL  alca- 
vala. 

Alcavala  were  first  levied  in  Peru,  in  the  year 


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3278 


APPKNDIX. 


2274 


QmdUian  of  South  America. 


1596,  at  2  per  cent.  Qntil  the  year  1771,  when 
they  were  increased  to  4  per  cent.  In  the  year 
1777  they  were  increased  to  6  per  cent.  The  ex- 
penses of  eolieetiog  the  customs  at  Lima  exceeds 
850,000. 


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In  the  moneys  exported  it  included  t3,562,000| 
sent  by  the  Royal  Philippine  Company. 
Imporution         ....    $43;241,802  7 
Exportation        -       -       -       .      54,837,114  3 


Balance  in  favor  of  exports      -   $11,595,251  4 


The  excess  of  exporu  was  occasioned  by  the 
war.  Foar  ships  arrived  in  1779  and  sailed  in 
1784,  occasioning  the  great  export  of  that  year, 
$17,121,206  6. 

The  Kingdom  of  Chili  is  comprised  within  the 
oanow  strip  of  land  which  extends  east  and  west 
from  the  snmmit  of  the  Cordilleras  de  los  Andes 
15th  Con.  Ist  Ssss.— 72 


to  the  Pacific  ocean,  and  stretches  along  the  coast 
north  and  south,  from  the  river  Salado  and  the 
desert  of  Atacama  to  the  straits  of  Magellan. 
From  the  chain  of  frontier  posts  (which  b^in  at 
Arauco,  on  the  coast,  and  extend  to  the  Cordil- 
leras) to  the  town  of  Valdivia,  the  country  is  in 
possession  of  the  warlike  tribe  of  Araucanians, 
who  still  remain  independent;  and  from  Osorno. 
south,  it  is  inhabited  by  the  various  tribes  ot 
Patagonia,  whose  territories  have  not  been  ex- 
plore. 

The  population  of  Chili,  by  the  census  uken 
in  1791,  was  found  to  be  750,000  souls.  From 
the  strong  motives  of  concealment,  as  the  censm 
is  taken  for  the  purpose  of  proportion inf^  the  taxes 
according  to  the  population  of  each  district,  the 
population  of  Chili  cannot  be  estimated  at  lest 
than  one  million. 

The  distance  from  the  Cordilleras  to  the  Pa* 
cific  ocean  is  thirty  leagues,  between  the  latitudes 
of  25  degrees  and  36  degrees  south;  and  40  leagoet, 
between  36  degrees  and  43  degrees  south. 

Tne  country  comprised  between  the  25th  and 
43d  degrees  of  south  latitude  may  be  considered 
the  length  of  the  Kingdom  of  Chili,  it  being  un- 
settled, aud  even  unexplored,  farther  south. 

From  the  Cordilleras  de  los  Andes  to  the  Pa- 
cific, the  iuclination  is  so  great,  that  all  the  riv- 
ers flow  with  the  rapidity  of  torrents,  and  are 
therefore  not  navigable.  Thev  serve  to  irrigate 
the  valleys,  and  render  them  the  most  fertile  in 
the  world.  The  climate  makes  this  method  of 
cultivation  absolutelv  necessary;  for  from  the 
Salado  to  the  Itata,  that  is,  from  25  degrees  to  36 
degrees  of  south  latitude,  not  a  cloud  is  to  be 
seen  above  the  horizon  from  the  month  of  No- 
vember to  the  month  of  Ma^.  The  atmosphere, 
during  this  period,  is  perfectly  clear,  and  the 
dews  are  scarcely  perceptible,  nor  is  the  beat 
oppressive.  The  proximity  of  the  Andes  tem- 
pers the  air.  and  the  mercury  fluctuates  between 
70  degrees  and  80  degrees  of  Fahrenheit,  and 
rarely  rises  to  85  degrees.  Thunder  storms,  so 
frequent  on  the  east  of  the  Andes,  are  unknown 
in  this  part  of  Chili.  Winter  commences  in  tb« 
month  of  May ;  the  cold  is  mild,  and  the  rains 
gentle,  and  unattended  with  wind.  The  rains  of 
the  winter  fertilize  the  hills,  and  the  plains, 
which  cannot  be  irrigated,  during  that  season  .^ 
afford  pasture  for  the  cattle.  The  Spring  con- 
mences  in  September,  and  the  face  of  nature  in 
Chili  is  then  peculiarly  beautiful  The  bills  art 
verdant,  and  covered  with  innumerable  flowering 
shrubs ;  and  the  plains  present  to  the  eye  a  car> 
pet  of  flowers.  The  abundance  of  water  and 
the  peculiaritv  of  climate  enable  the  inhabitants 
to  raise  all  the  fruiu  of  the  eartb  in  great  per- 
fection. The  wheat  which  is  cultivated  in  the 
valleys  is  of  excellent  quality,  and  the  prodvet 
seldom  less  than  fortv  times  the  seed ;  sometimes 
ninety;  and,  on  the  best  land, even  one  hundred. 
Indian  corn  is  likewise  cultivated,  and  produces 
abundantly.  Barley  is  raised  in  great  quantity 
for  the  use  of  horses  and  mules,  which,  in  the 
winter,  are  fed  on  this  min,  mixed  with  chopped 
straw,  as  in  Arabia  and  Old  Spain.    Hemp  $ttd 


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Qmtiiium  i^  SmUh  Awmcfi. 


Saai  grow  luxurUatly,  Cotton  is  here  a«d  tbeie 
AQldvaUd  for  their  domestic  raaoufiictares ;  and 
tiiere  is  ooe  sugar  plaDtation.  The  climate  and 
•oil  are  well  adapted  to  the  culture  of  sucar ;  but 
they  bare  been  long  aeeustomed  to  get  that  arti- 
ele  from  Lima,  in  exebaoge  for  their  wheat,  and 
are  not  disposed  to  change  their  ancient  habits. 
Biae,  likewise,  would  grow  on  their  low  lands, 
but  it  is  brought  from  Lima. 

Sooth  of  the  rirer  Icata  the  climate  varies. 
Rains  are  frequent  in  the  Summer,  and,  in  the 
Winter,  are  attended  bf  storms  of  wind.  The 
tfiape  is  chieflf  cuUiTatM  in  these  districts,  and 
UM  wine  is  better  than  where  the  vineyards  are 
irrioated. 

The  olive  grows  luxuriantly  throughout  all 
Chill,  and  the  oil  is  of  the  first  quality. 

On  the  banks  of  the  river  Maule,  and  on  all 
the  fivers  south  of  35  degrees  17  minutes,  there 
H  excellent  timber,  and  the  whole  eountrv 
abottnds  with  forests  of  a  thorny  minosa,  wbich 
makes  good  ebareoali  and  is  in  general  use  for 
fael. 

In  tke  neighborhood  of  Talcahuana,  within 
500  yards  of  the  sea,  there  is  a  fine  vein  of  sea 
coaL  which  has  been  used  by  our  whaling  ships. 

The  Kingdom  of  Chili  was  governed  hy  a 
Mtsident  and  captain-general,  wno  was  amena- 
ue  only  to  the  Council  of  the  Indies,  and  was 
ansisted  by  an  audiencia,  or  supreme  court.  His 
powers  were  the  same  as  the  Viceroys  of  Lima 
and  Buenos  Ayres. 

There  were  two  bishoprics  in  Chili ;  that  of 
Santiago  comprehended  the  territoryr  from  the 
river  Salado  to  the  Maule;  and  the  bishopric  of 
Conception  included  the  country  from  the  Maule 
to  the  island  of  Chiloe.  The  presidency  was 
divided  into  districts  (partidoB)  governed  by  a 
aubdelegate.  Copiapo,  the  most  northern,  was 
the  first  conquered  dv  the  Peruvians,  under  the 
Ineas,  who  exunded  themselves  subsequently  to 
Ihe  banks  of  the  Maule. 

The  Spaniards  followed  the  track  marked  out 
by  the  enterprise  of  this  extraordinary  people, 
and,  passing  along  the  edge  of  the  Cordilleras, 
deecended  into  Chili  by  the  mounuins  of  Copi- 
apo. This  district  extends  from  the  Cordilleras 
to  the  sea.  On  the  south  it  is  separated  from  the 
Ticeroyalty  of  Lima  hy  the  desert  and  district 
of  Ataeama,  and  extends  north  seventv  leagues 
to  the  district  of  Quasco.  The  town  or  Copiapo 
is  situated  in  26  degrees  50  minutes  south  lati^ 
ittde^  twenty  leagues  from  the  coast.  It  is  small 
and  inconsiderable ;  for  the  only  part  of  this  dis- 
Irict  capable  of  cultivation  is  the  narrow  valley 
which  extends  from  the  Cordilleras  to  the  town, 
the  river  losing  itself  in  the  sands  between  the 
town  and  the  ocean.  South  from  the  Hospede- 
ria  de  Yerba  Buena  extends  a  desert  tract,  {tra- 
virwia,)  about  thirty  leagues  ^o  the  borders  of 
Quasco. 

La  Ckddera  Copiapo,  the  port,  is  situated  in 
^degrees  1  minute  sooth  latitude. 

The  wine  of  Copiapo  is  much  esteemed,  and 
is  of  exceUent  flavor,  but  has  not  body  to  keep 
•ay  length  of  time.  ^ 


The  district  of  Chta$co  extends  from  the  Cor- 
dilleras to  the  sea,  and  from  that  of  CofHspo  lo 
the  district  of  Coquimbo,  occupying  a  line  of 
coast  of  thirty  leagues  extent.  The  principai 
town  is  small,  and  situated  about  sixteen  iaagnei 
from  the  sea.  ■ 

The  mines  of  gold  in  this  district  have  been 
abandoned,  but  those  of  copper  produce  annually 
eighteen  to  twenty  thousand  quintals.  The 
King  exnvised  the  rteht  of  purchasing  copper 
at  seven  and  a  half  dollars  per  quintal,  payable 
in  Santiago.  In  consequence  of  this  monopoljr^ 
the  miners  preferred  diqwwtnyof-it  <o  smogglera, 
who. gave  them  ibnrtaen  dolGtrs,  in  goods.  The 
mines  of  silver  disoovcred  in  this  district  in  1811 
are  the  riebest  ever  known;  the  veins  whiah 
have  been  hitherto  wrought  are  near  the  sirfact- 
of  the  earth,  and  have  yielded  the  extraordinavy 
product  of  forty  marks,  and  sometimes  even  sifv- 
edtv  marks,  to  the  caxon  of  ore.^ 

The  iport  of  Chtaoeo  is  formed  ^  two  rodUL 
rimning  out  from  the  island  ef  Oaraero^  aM 
Point  Bxpedition.  It  is  situated  ia  28  degi^aas 
26  minnus  south  latitude,  and  16  degrees  loqft- 
tude  west  of  Ca^. 

The  district  of  Cb^mbo  extends  from  tke 
Cordilleras  to  the  sea ;  it  bounds  north  on  Qtt- 
asco,  and  extends  fifty  leagues  south,  to  the  das* 
trict  of  Ouxco.  The  oapiul,  La  Serana.  com- 
monly called  ChMiataibo,  is  situated  in  29  degreaa 
54  minutes  south  ktiiude,  on  the  south  btnk  of 
the  river  Coquimbo,  within  half  a  league  of  tke 
coast.  The  land  slopes  gradually  from  the  town 
to  the  sear  ^^t  l>*tng  meadow,  forms  a  lawn  of 
never- foiling  verdure.  The  town  ia  regular  and 
well  bailt.  and  is  surrounded  with  gardens  whiah 
produce  ail  4he  tropical  Iraitsin  great  parfectian. 
The  inhabi rants  are  remarked  for  their  urbankj 
and  hospitality  to  strangers,  and  the  climate  u 
eqnal  and  temperate. 

The  river  Coquimbo  waters  the  vall^  of  Ha- 
alque,  the  most  fertile  part  of  the  district;  and 
the  Liman,  which  is  a  large  stream,  waters  the 
cooQtry  above  Mid  below  the  juntas  of  Onn* 
malata. 

The  gold  mine  of  Talea,  which  is  situated  in 
this  district,  is  very  productive.  The  copper  of 
Coquimbo  is  esteemed  the  best  in  the  world,  and 
contains  a  small  portion  of  gold.  The  French 
formerly  importea  this  copper  through  Spain, 
and  extracted  the  gold  from  it.  Mining  ia  car* 
ried  on  by  voluntary  labor;  the  mita,  or  con* 
scription  of  the  unfortunate  Indians  to  toil  in 
the  mines,  was  never  practised  in  Chili. 


*  The  method  of  estunating  the  product  in  Potosi, 
ChUi,  sad  generally  in  Pern*  ii  by  the  caxon  of  en, 
which  contains  fifty  qointali  of  one  hundred  pounds 
each.  The  mark  of  aUver  is  eight  oonces  of  eight 
ochsras,  each  odiava  of  seventy*fiTe  grains.  Ae 
caxon  of  ore  at  Onasco  prodaces  fortv  marks,  or  three 
hundred  and  twenty  ounces  of  silTer.  In  Psiori, 
fi>arteen  marks  b  the  arerage,  or  one  hundred  uaA 
twelve  ounces ;  and  m  Ouanaxoalo,  the  richest  minea 
of  Mexico,  the  average  k  ibar  ounces  thefaintal»  «r 
two  handled  oanese  the  caxon. 


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APonaiDfix. 


OmMum  cf  Saath  Atmrtca. 


TIm  port  of  Chfidmbo  ia  formed  hj  th^  head 
lan^  oi  Teatwws  aiid  Peiieaftos,  aad  is  one  of 
the  bctt  koowo,  aad  tbe  mo^  seesife  of  the  Pa- 
oific.  It  is  situated  in  29  degrees  54  miootes 
aoBth  latitiide. 

The  district  of  CHtzco  extends  from  the  Cor- 
dilleras to  the  aea,  and  from  Coqaimbo,  south,  to 
the  district  of  Petorea.    Rozas  is  the  principal 


The  river  Chanpo  fertilizes  this  dia^iet ;  near 
^here  it  falls  into  tbe  sea  is  a  large  lake,  abonnd- 
ing  with  fish. 

The  district  of  Petorea  extends  from  the  Cor- 
dilWras  to  the  sea,  and  from  Cnzco,  its  northern 
honndary,  south,  to  dmllota.  The  capital  is 
Pdorca,  someiimes  called  Santa  Ana  de  Bribi- 
tscn.  This  district  posseoses  p[old  and  copper 
■mes,  and  is  watered  by  the  nrers  Loogotama 
and  Ligna.  On  the  banks  of  tbe  latter  stands 
i^etown  of  San  Domingo  de  Rozns,  and  near  it 
Ihe  settlenient  of  PJaoiUa.  There  is  a  krge  In- 
dian town  in  the  TaUey,  called  Valle  Hermoso. 

The  port  of  VklparaUo  is  situated  in  33  de* 
giees  1  minate  45. seconds  eonth  latitude.  It  is 
jfehe  most  fceqneoted  in  Chili,  although  open  to 
the  north  and  northeast,  and  to  northwest  winds, 
which  blow  ^th  gr^t  violence  in  the  winter, 
nceompanied  with  a  heavy  sea. 

The  town  extends  around  the  bay^  from  the 
eastie  of  St.  Antonio,  for  nearly  a  mile,  and  is 
sepamted  from  the  Almendml  (a  suburb  of  Yal- 
pmiso)  by  a  low  beach.  The  houses  are  irr^- 
jnlatbr  scattered  orer  the  sides  of  steep  hilu. 
whicA  rise  abruptly  from  the  shore,  and  extena 
along  the  ravines  of  St.  Aug[tistin,  St.  Franciseo. 
and  Gtomez,  the  ^ound  being  very  broken  and 
ragged.  The  country  near  the  town  is  verv 
barren,  and  all  the  snpi^ies  are  drawn  from  Ctoif- 
lou.  That  abundant  district  furnishes,  at  a  very 
cheap  rate,  supplies  for  the  vessels  that  frequent 
Valparaiso.  Stock  of  eveify  description,  fruit, 
potatoes,  vegetables,  and  exeellest  biscuit,  nuy 
oe  bought  at  a  very  moderate  price.  The  best 
Wttter  ts  brought  from  the  Aimendral,  nt  some 
trouble  and  expense. 

Until  the  late  revolution,  the  only  commerce 
from  this  port  was  with  Lima;  between  forty 
and  sixty  caifoes  were  brouf^ht  annually,  con* 
aiiting  of  fossil  salt,  augar,  rice,  cotton,  and  a 
eonfse  cotton  mannlactare  called  toculle;  and 
the  returns  made  in  wheat,  hemp,  beef  and  tal- 
low, hides,  Ae. 

The  population  of  Vaiparaiso,  including  the 
Almendra^  does  not  exceed  6,500  sools. 

Tbe  district  of  Qmllota  Is  bounded  north  by 
Petorea,  south  by  tbe  district  oi  Melipilla,  east 
by  that  of  Aeoncayua,  and  west  by  the  Pacific 
ocean.  The  principal  town,  San  Martin  de  la 
Concha,  commonly  known  hi  the  name  of  Clnil- 
kftta,  is  suoated  on  the  south  bank  of  the  river 
ttuillota,  near  the  river  of  Oleancagna.  The 
streets  diverge  from  the  principal  square,  and 
ioterseet  each  other  at  right  angles;  and  the 
houses  are  commodious  and  weU  built.  The 
town  occupies  a  great  space,  each  house  having 
a  garden  adjoining,  where  the  inhabiunu  raise 


vegetables  and  fruit  fm  the  supply  of  Valparaiie. 
From  Ihe  summit  of  an  adjoining  bill  the  eye 
embraces  a  highly  rich  and  variegated  prospect 
of  the  town,  mterspersed  with  groves  and  gar- 
dens, and  surrounded  by  extensive  artifieial  pas- 
tures, principally  of  ImEcme ;  and  of  the  fields 
intersected  by  canals  from  the  river,  and  cslti- 
vated  in  wheat,  corn,  hemp,  and  fltx.  The  cul- 
tivation in  every  part  of  Colli,  as  has  been  before 
observed,  is  conducted  by  irrigation;  and  the 
Aeoncaffoa  here  affords  a  plentiful  snpplr  of 
water.  The  climate  is  mild  and  healthy,  and  the 
inhabitants  lively  and  hospitable.  There  nre 
mines  of  gM  and  copper  in  this  district,  although 
not  wrought;  and  they  make  oil  and  wdne* 
Petorea  and  Cusoo  are  inchided  with  dnillota, 
for  all  the  purposes  of  Qovernment. 

The  port  of  Berradura  de  QuinierOf  in  S8  de- 
grees 47  minutes  38  seconds  south  latitude,  and 
a  little  north  of  Valparaiso,  is  one  of  the  best 
and  safest  harbors  in  these  seas,  being  very  ex- 
tensive, with  deep  water  and  clean  anchorage* 
At  the  Punta  de  las  Ventamas  is  a  good  watnt^ 
ing  place,  with  abundance  of  wood;  and  die 
Qonntry  is  beautiful  and  fertile. 

The  road  direct  to  the  capital  is  so  ragged  and 
mountainous  that  this  advantageous  port  has 
been  neglected. 

Any  wind  that  pernnts  yoa  to  approach  the 
coast  will  carry  you  in ;  and,  at  the  anchorage, 
you  have  only  to  avoid  the  shoal  of  Tortnga. 

The  distrkt  of  Melipilla  is  bounded  north  by 
that  of  doillota,  south  by  the  river  Maipu,  east 
by  the  district  of  Mapocho,  and  extends  west  to 
the  Pacific  ocean. 

The  chief  town,  San  Jos6,  commonly  called 
Melipilla,  is  beautifully  situated  near  the  norUi 
bank  of  the  broad  and  rapid  river  of  Maipo, 
which  furnishes  the  means  of  irrigating  an  ex- 
tensive and  well  cultivated  country.  The  road 
to  Valparaiso  formerly  passed  through  this  town* 
The  whole  district  is  well  settled,  and  highly 
cultivated  in  wheat,  barley,  Indian  ccjm,  ana 
vines.  It  is  watered  by  the  rivers  Maipu  nnd 
Mapocho;  on  the  latter  is  situated  the  sinall  bnt 
flourishing  town  of  San  Francisco  del  Monte, 
the  environs  of  which,  for  a  consideraUe  dfan 
tance,  are  a  vast  garden,  interspersed  with  or«> 
chards  and  vineyards.  The  convent  of  St 
Francisco  is  endowed  with  extensive  pesssi 
sions.  A  little  betow  the  town  the  Mapocho 
fiills  into  the  Maipu;  and  near  the  outlet  of  the 
latter  is  the  bay  of  St  Antonio,  in  88  degrees  30 
minutes  south  latitude.  It  is  open  to  the  north, 
and  verv  insecure. 

The  district  of  Mapocko  ocnopies  smextnnsivie 
plain  at  the  foot  of  the  Andes,  being  bonnded  on 
tbe  north  by  Santa  Rosa,  south  by  the  river 
Maipu.  east  by  the  Cordilleras,  and  west  by 
Melipilhu 

The  citj  of  Santiago  de  Chili  is  situated  in 
this  district,  and  was  founded  on  the  18th  of 
Februarv,  1541,  by  Don  Pedro  de  Valdivia,  on 
the  south  bank  of  the  Mapocho,  in  83  decrees  31 
minutes  south  latitude.  He  at  first  calied  the 
country  overrun  by  hie  nrms  ifter  hie  nntivt 


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APPENDIX. 


2280 


Condition  of  South  America. 


rmnet,  Bscnmadara,  and  the  capital  Statiaffo 
Bstramadura ;  bat  it  sooa  lost  this  title  in  tie 
original  name  of  Chili.  Santiago  contains  forty 
thousand  inhabitants;  it  was  founded  on  the 
lands  beloogiog  to  the  Ulmen,  or  Caeiaue  Que- 
lingala,  whose  jurisdiction  extended  from  the 
rirer  Choapa  on  the  north,  to  the  river  Maule 
on  the  south}  and  east  and  west  from  the  Cor- 
dilleras to  the  sea.  The  plain  on  which  the  city 
is  situated  extends  along  the  foot  of  the  Andes, 
certainly  to  the  line,  and  I  believe  quite  to  the 
isthmus  of  Panama,  north^  and  south  to  the 
straits  of  Maj^ellan.  This  is  the  only  uniform 
level  in  Chili ;  from  hence  to  the  coast  the  de- 
scent is  very  rapid,  and  broken  by  irregular 
mountains  and  valleys.  On  the  eastern  extrem- 
ity of  the  city  rises  the  small  rocky  hill  of  Santa 
Luda,  formerly  called  the  mountain  of  Quelon. 
These  insulated  hills  are  frequently  seen  on  the 
great  plain  of  Chili. 

Santiago  is  divided  into  four  quartels.  The 
ministers  of  the  royal  audience  were  chiefs  of 
quartels,  and  an  alcalde,  or  magistrate  in  each, 
attended  to  the  police,  and  reported  Co  the  chief. 
The  Cabildo,  or  municipal  council,  is  com- 
posed of  a  royal  standard-bearer,  (who  carries  the 
standard  of  Santiago  on  the  festival  of  that 
saint,)  an  alguacil,  alcalde  of  the  province,  two 
regidoies,  and  five  executors,  which  are  perma- 
nent offices,  and  are  sold  to  the  highest  bidder  i 
and  so  fond  are  the  people  of  distinction,  that 
they  are  purchased  at  a  high  price.  These  choose 
two  ordinary  alcaldes,  or  magistrates  of  the 
province,  who  have  jurisdiction  in  ordinary  cases, 
and  whose  dntv  it  is  to  keep  the  peace. 

The  tribunal  of  commerce  is  composed  of  a 
prior,  two  consuls,  an  assessor  or  syndic,  and 
nine  counsellors.  These  are  chosen  every  two 
years,  and  have  jurisdiction  in  all  commercial 
causes.  They  have  a  fund  arising  from  internal 
taxes  and  from  fees;  and  are  charged  nominally 
with  everything  relatinff  to  commerce  and  to  the 
superintendence  of  roads  and  harbors. 

A  broad  road  extends  round  the  south  side  of 
the  town,  like  the  boulevards  in  Paris,  and  sep- 
arates it  from  the  suburbs,  which  are  extensive 
and  well  built.  There  are  several  handsome 
churches  and  convents  in  this  canada,  or  boule- 
yard.  and  a  large  canal  carries  a  stream  of  water 
alonff  the  south  side  of  it.  North  from  the  prin- 
cipal square  a  wide  street  leads  to  the  bridge 
over  the  Mapoc ho,  which  is  built  of  stone  and 
brick,  and  stands  on  nine  lofty  arches.  The 
Tiew  from  it  alonz  the  banks  of  the  Mapoeho, 
and  towards  the  Andes,  is  very  picturesque ;  and 
the  inhabitants  resort  to  this  bridge  in  the  Sum- 
mer afternoons,  to  enjoy  the  refreshing  air  from 
the  mountains.  The  river  is  broad  and  shallow, 
and  in  the  Summer  flows  in  several  channels ; 
but  in  the  Spring  of  the  year,  when  swollen  by 
the  melting  of  the  snows,  it  rises  to  the  height 
of  the  arches,  and  has  at  times  overflowed,  and 
laid  half  the  city  under  water!  A  dike  has  been 
built  along  the  banks  of  the  river,  to  protect  the 
city  from  these  inundations.  It  is  a  solid  wall 
about  five  feet  thick,  with  a  parapet. 


For  the  ecclesiastical  goverament  of  tbe  city, 
the  town  is  divided  into  four  curacies,  viz :  the 
Cathedral,  Santa  Ana,  San  Isidro.and  Sanlia- 
zaro.  The  jurisdiction  belongs  exclusiTely  to  the 
bishop,  who  is  assisted  by  an  ecclesiastical  cabildo^ 
composed  of  the  canons^  and  presided  by  the  pro- 
viso, who  is  the  chief  of  the  ecclesiastical  court, 
and  the  director  of  the  convent  of  nuns.  There 
are  seven  nunneries  and  seven  convents  of  monks 
in  Santiago. 

The  monks  of  San  Juan  de  Dios  have  two 
large  hospitals ;  one  for  men,  with  the  church  of 
San  Juan  de  Dios  attached  to  it,  In  the  suburbs 
of  the  Canada ;  and  one  for  women,  annexed  to 
the  chapel  of  San  Borja.  These  orders  have  aU 
vast  estates,  both  in  lands,  which  thev  farm  them- 
selves, and  which  are  always  well  cultivated, 
and  in  mortgages,  which  they  hold  to  a  great 
amount. 

The  district  of  8asUa  Boia  is  separated  from 
Alconcagua  on  the  north  by  the  river  of  Alcoa- 
cagua,  OB  the  south  it  borders  on  the  diatrict  of 
Mapoeho.  east  on  the  Cordilleras,  and  west  on 
duillota.'  Its  capital,  Santa  Rosa  de  los  Andes, 
is  situated  on  the  road  from  Santiago  to  Meedoza. 

The  district  of  Bancagua  is  bounded  north  by 
the  Maipu,  which  separates  it  from  thai  of  M%- 
pocho,  south  by  the  Cachapoal,  which  divides  it 
from  Colchagua,  and  it  extends  east  and  west 
from  the  Cordilleras  to  the  sea.  The  capital  of 
this  district,  Santa  Cruz  de  Triana,  commonly 
called  Rancagua,  is  in  thirty-four  decrees  sooth 
latitude,  twenty-six  leagues  south  of  Santiago. 
It  stands  near  the  north  bank  of  the  Cachapoal, 
which,  after  its  confluence  with  the  TInguiririca, 
takes  the  name  of  Rapel.  This  is  a  very  fertile 
district,  exporting  grain,  and  cattle,  and  fruits. 
There  are  several  gold  mines  which  have  been 
abandoned,  but  the  silver  mine  of  Copana  is  still 
productive. 

The  district  of  Cbficikagiia  extends  east  and  west 
from  the  Cordilleras  to  the  sea,  and  from  the  rivet 
Cachapoal  on  the  north  to  the  districts  of  Curieo 
and  Maule  on  the  south.  Colchagua  it  very  fer- 
tile and  well  cultivated ;  the  principal  exf^rt  is 
wheat;  some  gold  and  copper  has  bieen  found  in 
this  district.  The  warm  mineral  springs  of  Can- 
quenes  are  situated  in  the  mountains  of  Colcha- 
gau,  and  are  much  frequented  by  the  inhabiunts 
of  Santiago  during  the  summer.  Sao  Fernando, 
the  capital,  is  situated  on  the  north  bank  of  the 
Tioguiririca. 

The  district  of  Curieo  extends  from  the  Cor- 
dilleras to  the  sea.  It  borders  north  on  the  dis- 
trict of  Colchagua,  and  south  on  that  of  Maule. 
The  Villa  de  San  Jos6  de  Buena  Vista,  more 
commonly  known  by  the  name  of  the  district,  is 
the  capital. 

The  district  of  Jlfatc2e  extends  from  the  Cordil- 
leras to  the  sea.  It  borders  north  on  Curieo,  and 
on  the  south  is  separated  from  the  Isla  de  Maule, 
and  from  Caoquenes,  by  the  broad  and  rapid  nver 
Maule.  The  banks  of  this  river  are  covered  with 
timber,  and  there  is  a  ship  yard  at  Bilboa,  near  iu 
mouth.  The  entrance  of  the  river  is  obstructed 
by  a  bar.  Talca  is  the  principal  town  of  this  dis- 


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2281 


APPENDIX. 


2282 


Conditum  of  South  America. 


trict.  There  are  still  sooie  lavaderos  for  gold  in 
Maule;  the  mouDtain  of  Chibats,  near  Talca, 
has  been  y&tj  produetire. 

The  district  of  the  l$la  de  MaiUe  extends  from 
the  Cordilleras  to  the  district  of  Canonenes.  It 
is  bounded  on  the  north  by  the  river  Maule,  and 
south  by  the  district  of  Chilian.  The  town  of 
Linaras  is  situated  in  this  district,  between  the 
rivers  Gutagaa  and  Lonaavi,  and  the  town  of 
Parrai  is  on  the  south  of  Longavi. 

The  district  of  Canquenet  extends  from  the 
Isia  de  Mauie,  its  eastern  boundary  to  the  Pacific 
ocean.  It  borders  north  on  the  river  Mauie,  and 
aouth  on  the  district  of  Itata.  The  chief  town, 
La  Mercedes  de  Manso,  commonly  called  Can- 
quenes,  is  situated  on  the  stream  of  Tutubin.  The 
town  of  Bilboa,  at  the  month  of  the  Maule,  is  in 
this  district. 

The  district  of  CMUan  extends  from  the  Cor- 
dilleras to  the  district  of  Itata,  and  bounds  north  on 
the  Isla  de  Maule.  The  town  of  San  Carlos  is  sit- 
uated between  the  Longavi  and  the  Nuble ;  and 
Chilian,  the  capital,  between  the  Nuble  and  the 
Chilian,  in  thirty-five  degrees  fifty-six  minutes 
south  latitude,  and  seven tjr-one  degrees  five  min- 
utes west  Jongitude.  This  town  is  well  built, 
and  is  ornamented  by  several  churches  and  con- 
rents.  The  monks  of  Chilian  own  almost  all  the 
lands  in  this  district,  which  is  very  fertile  and 
productive.  There  is  a  manufactory  of  woollen 
cloths  at  Chilian. 

The  district  of  Itala  borders  east  on  that  of 
Chilian,  west  on  the  sea,  and  north  on  the  district 
of  Canquenes.  The  fine  river  of  Itata  fiows 
through  this  district.  The  chief  town  of  Itata  is 
Goelemu.  duirinuo  is  likewise  situated  in  this 
district,  which  is  famous  for  the  excellence  of  its 
wine. 

The  district  of  Here  extends  from  the  Cordil- 
leras to  the  district  of  Puchacay.  It  borders  north 
on  Itata,  and  south  on  the  military  frontier  posts. 
The  chief  town  is  San  Luis  Qonzaga,  formerly 
known  by  the  names  of  Buena  Bsperanza,  and 
Bsuncia  del  Rey. 

The  district  ofthe  laladelaLaxa  is  comprised 
in  the  strip  of  land  between  the  rivers  La  Laxa 
and  Biobio.  and  is  surrounded  by  the  Cordilleras 
of  the  Andes ;  it  is  very  fertile  and  productive. 
Ijos  Angeles  is  the  chief  town,  and  has  a  citadel, 
being  one  of  the  frontier  posts.  There  are  three 
passes  in  the  Cordilleras  from  this  district:  An- 
taeo,  Yillacura,  and  Cuince,  which  are  fortified 
against  the  Indians. 

The  district  of  Puchacay  borders  east  on  that 
of  Rere,  west  on  Conception,  south  on  the  river 
Biobio,  and  north  on  the  Itata.  The  chief  towns 
in  this  district  are  Hualqui  and  Florida.  The 
country  is  rugged  and  mounuinous,  but  produces 
good  wheat  and  wine. 

Ckmc^peum  de  C^t^— This  district  borders 
«a8t  and  north  on  that  of  Puchacay ,  on  the  south 
it  is  bounded  by  the  river  Biobio,  and  extends  on 
the  west  to  the  Pacific.  The  city  of  Conception 
was  founded  by  Don  Pedro  deValdivia  in  the  year 
1&60,  and  was  built  in  the  valley  of  Peneo ;  it  was 
repeatedly  destroyed  by  the  Araueanians,  and  re- 


built by  the  Spaniards  on  the  same  spot.  After  the 
earthquake,  in  November,  1774,  which  laid  the 
city  in  ruins,  the  present  city  of  Conception  was 
built  about  tnree  leagues  south  of  the  former  posi- 
tion, on  the  Mocha.  This  town  is  the  see  of  a 
bishop,  whose  jurisdiction  extended  from  the  river 
Maule  to  the  southern  extremity  of  Chili.  There 
is  a  small  town  erected  on  the  ruins  of  the  former 
capital,  called  Penco. 

Talcahuaruiy  in  the  bay  of  Conception,  is  situ- 
ated in  thirtv-six  decrees  forty-one  minutes  ftftf 
seconds  south  latitude,  and  in  sixty-six  de|^ees 
fifty-three  minutes  thirty  seconds  west  longitude 
from  Cadiz.  This  is  the  lai^est  and  most  secure 
port  on  the  coast  of  Chili ;  it  is  protected  on  the 
north  by  the  island  of  duiriquina.  The  channel 
between  the  north  point  of  duiriqnina  and  the 
point  of  Loberia  is  the  best  entrance  to  this  bay, 
and  is  called  Boca  Grande ;  the  other  channel, 
or  Boca  Chica,  has  sufficient  depth  of  water;  but 
a  shoal,  which  runs  out  in  a  westwardlv  direc- 
tion from  the  island,  renders  its  approach  more 
dangerous.  The  best  anchorage  is  at  the  south- 
western extremity  of  the  bay,  opposite  the  town 
of  Taloahuana.  There  is  good  anchorage  under 
the  south  side  of  the  island  of  duiriquina.  There 
is  a  chain  of  military  posts,  extending  from  the 
Pacific  to  the  Cordilleras.  The  first  is  Arauco, 
on  the  seacoast,  where  there  is  a  small  bay,  a  few 
leagues  south  of  Talcahuana ;  San  Pedro,  on  the 
south  side  of  Biobio.  opposite  the  town  of  Con- 
ception ;  Talcamavioa,  a  small  fort  $  YumbeL  a 
fortress,  with  a  small  well  built  town ;  Mesavida, 
a  fort ;  San  Carlos,  a  town  defended  by  a  fort ; 
Santa  Barbara,  a  fortress,  situated  in  the  passage 
of  the  Cordilleras,  by  which  the  Indians  callM 
Pehuenches  pass  into  Chili,  to  traffic  with  the 
Spaniards,  The  river  Biobio  was  settled  as  the 
boundary  of  the  Araueanians  at  the  peace  of  Ne* 

frete.  This  river  falls  into  the  sea  m  thirty-six 
effrees  fifty  minutes  south  latitude. 
The  territory  occupied  by  the  warlike  tribes  of 
Araucania  k  divided  into  four  provinces,  which 
they  call  Meli  Qoatalmaipu;  it  extends  from 
thirty-six  degrees  fifty  minutes  south  latitude,  to 
the  nver  Totten,  in  thirty-nine  degrees  south  lati- 
tude, and  from  the  Cordilleras  de  los  Andes  to 
the  Pacific  ocean.  These  provinces  are  divided 
by  lines  running  north  and  south.  The  first,  Lan- 
guen  Maipu.  or  the  district  of  sea,  is  Araucania 
proper,  and  is  inhabited  only  by  that  warlike  na- 
tion. The  Spanish  fortresses  of  Arauco,  San 
Pedro,  Colcura,  Tucapel.  formerly  stood  in  this 
district ;  they  were  all  abandoned  at  the  condn- 
sion  ofthe  peace,  except  San  Pedro.  The  bay  of 
Arauco  is  a  tolerable  roadstead,  and  the  port  of 
Caruero,  at  the  mo\ith  of  the  river  Canteo,  affords 
shelter  to  the  shippioff  on  the  coast.  A  chain  of 
mountains  separates  the  district  of  Languen  Mai- 
pu from  that  of  Lelbun  Maipu,  which  occupies 
an  extensive  plain,  extending  from  the  base  ofthe 
mountains,  in  a  westwardly  direction,  to  Tna- 
pire,  Maipu.  The  only  town,  or  rather  fortress, 
which  the  Spaniards  now  possess  in  this  district, 
is  Santa  Juana.  They  were  driven  from  the 
ports  of  MiUapoa,  Santa  Cruz  de£cO>^{  ^^^  ^^<^ 

Digitized  by  V^ji 


2283 


APFBNDIX. 


2284 


CondUwn  cf  South  America. 


uaCed  the  fortress  of  Pario,  which  was  situated 
fifteen  leagues  from  the  sea,  and  forty  leagues 
south  of  the  Biobio.  They  were  forced  to  aban- 
don the  city  of  Imperial,  which  they  had  built  on 
the  banks  of  the  river  Canten,  about  twelre 
leagues  from  the  sea. 

The  district  of  Yuaptre  Maipu  extends  along 
the  plain  at  the  foot  of  the  Andes.  Nacimiento, 
Mallien,  Corve,  Chacayco,  QrUeehire^uas,  and 
Goangua,  were  situated  in  this  district.  The 
Spaniards  now  occupy  only  the  fortress  of  Naci- 
miento, on  the  south  side  of  the  Biobio,  between 
the  rirers  Bergara  and  Tubunlen.  The  missionary 
aettlements  on  the  river  Malloa,  and  those  on  the 
Tolpagne  and  Maguehue,  have  been  abandoned. 

The  district  of  ^Ptt^e  OnUdmaipa  is  situated  in 
the  Cordilleras  de  los  Andes,  and  is  inhabited  by 
the  Pehuenches,  whose  territory  extends  from  the 
fortress  of  Santa  Barbara^  and  occupies  the  val- 
leys of  the  Cordilleras.  This  Outalmaipu  formerly 
extended  from  the  river  Maule,  and  the  Pehuen- 
eiies  occupies  the  passes  of  the  Maule  LongarL 
A  few  still  remain  about  the  sources  of  the  rivers 
Retamel,  Renegado,  and  Alico.  They  now  chiefly 
reside  in  the  valleys  of  An tuco,  Yellacura,  Cuinco, 
asd  about  the  sources  of  the  river  Totten. 

The  BuMi  Maipu  is  the  district  of  country 
south  of  the  river  Totten  from  the  Andes  to  the  sea. 
It  includes  the  eastern  valleys  of  the  Cordilleras. 
The  Huilliches  divide  this  extensive  Outalmaipu 
into  four  districts.  The  first  is  Totten,  and  ex- 
tends from^  the  south  bank  of  that  river  to  the  river 
Yaidivia,  and  from  the  eastern  side  of  the  Andes 
to  the  sea.  The  second  district  stretches  along 
the  coast  from  the  river  Yaidivia  to  the  archi- 
pelago of  Chiloe.  The  inhabitants  are  called  the 
tribe  of  Cuncos.  The  third  district  occupies  the 
plafais  from  the  Cordilleras  to  the  province  of  the 
Cuncos,  and  extends  north  and  south  from  the 
river  Yaidivia  to  the  river  Sin  FondOj  in  forty-four 
degrees  south  latitude.  The  inhabitants  of  this 
diatrict  are  called  Outa  Huilliches.  The  last  di- 
TiBion  extends  south  from  the  river  Sin  Foodo, 
as  iiM'  as  is  known  of  the  northern  continent,  and 
is  inhabited  by  Huayguenes*  The  Spanish  au- 
thorities represent  this  country  as  thinly  inhab- 
ited by  a  wandering,  wretched,  and  barbarous 
people. 

The  town  of  ViUarica^  on  the  Totten,  has  been 
abandoned  by  the  Spaniards ;  and  the  fort  of  San 
Jos^  of  Mariguina  was  destroyed  by  the  Indians. 

The  fort  of  Cruseo,  on  the  river  of  the  same 
naae,  is  still  occupied  by  the  Spaniards. 

There  are  three  missionary  settlements ;  one  at 
Totten  el  Baxo,  called  San  Francisco  del  Solano ; 
one  at  Niebla ;  and  one  called  Saa  Antonio  de  Gkia* 
nahue,  on  the  south  bank  of  the  river  Caliaoalia 
or,  at  it  is  called  by  the  Spaniards,  the  river  Yal- 
di?ia^    There  is  a  missionary  settleflKent  in  the 

{»rovinee  of  the  Cuncos,  and  another  twenty 
eagnea  to  the  east  of  the  eily  of  Yaidivia^  called 
Nneatra  Sefiora  de  Pilar. 

There  are  several  lakes  in  these  distrieta  at  the 
foot  of  the  Andes.  The  river  Yaidivia  takes  its 
liee  from  the  lake  of  Quanegue ;  BLio  Bueao  fitam 
tite  lake  of  Ranco.  At  the  head  of  tke  ialee  wbieh 


gives  rise  to  the  river  Chi6e,  there  are  warm  sal* 
phurous  springs.  Expeditioas  have  been  sent 
from  Yaidivia  to  exolore  the  lakes  o(  Pityegae, 
and  Llayguihue,  and  to  disoover  the  reoaaining 
inhabitants  of  Yillarica  aad  Osomo,  who  are  re- 
ported  to  have  taken  refuge  near  iliese  lakes  aftet 
the  destruction  of  their  towns.  These  ezp^ktiona 
failed  in  their  obiect.  The  last  party  aseended^ 
the  volcano  of  Ribahanco,  but  gave  no  partieular 
account  of  that  mountain. 

Mehuin  is  a  roadstead,  sitoated  in  thirty-aine 
degrees  twenty-six  minutes  aoutk  latttode,  aad 
sixt)r.seven  degrees  sevea  minutes  thirty  seconds 
longitude  west  of  Cadiz.  It  is  only  frequented 
by  small  vessels,  or  by  ships  driven  to  ieewsErd  of 
Yaidivia  by  the  south  wind.  It  is  formed  by  the 
island  of  Silla  and  the  point  of  Sembradoa. 

The  island  of  La  Mocha  is  separated  from  the 
continent  by  a  channel  six  leagues  wide.  The 
centre  of  the  island  is  in  thirty-eigJit  degreea 
twenty-two  minutes  twenty-five  seconds  aouth 
latitude,  and  sixtv-sevea  degreea  forty-fire  mia* 
utes  thirty  seconds  longitude  west  of  Cadiz. 

There  are  two  anchorages  on  the  coast  of  La 
Mocha ;  one  near  the  southeast  point,  caUed  tka 
Anogadira,  in  six  or  seven  fathoms ;  ^ere  there 
is  a  good  landing;  the  other  b  near  l&naliah 
creek,  in  thirteen  fathoms  water.  Thia  iwuHl 
afibrds  an  abundant  supply  of  wood  and  watec^ 
and  is  well  stocked  with  goats  aad  horses. 

The  island  of  Santa  Maria  ia  separated  frott 
the  continent  by  achanaeU^l  toiaea  wide.  The 
centre  of  the  island  lies  in  thirty-eerea  defpreea 
three  minutes  forty-one  seconds  aooth  latitiidei 
and  sixty-seven  degrees  twenty-two  miaates  lon- 
gitude west  of  Cadiz.  There  ia  a  harbor  on  the 
north  side  of  the  island,  and  one  on  the  aoath. 
The  latter  is  the  most  secure,  and  possesses  the 
advantage  of  a  safe  landing  at  tkt  Punta  de 
Aguada,  where  supplies  may  be  ebiaiaed  of  w»ier, 
wood,  apples,  quinces,  celerT,  and  aomi. 

The  archipelago  of  Oiiloe^  with  some  iacoa- 
siderable  settlemenu  on  the  opposite  shor^  eQ»- 
stitutes  the  province  of  Chiloe,  whieh  ia  attached 
to  the  viceroyalty  of  Lima*  The  Chilotes,  aalhe 
inhabitants  of  this  province  ate  called,  are  of  a 
diminutive  stature;  and,  as  far  as  mv  obaenrataaaa 
extended,  the  cold,  bleak  climate  or  the  aoaihera 
hemisphere  has  the  same  effect  oa  the  groa^  of 
animals  and  plants  as  that  of  the  north.  The 
inhabitants  subsist  principally  byfiahiag;  thef 
navigate  these  stormy  seas  ia  niragaaa,  hoata  of 
ten  and  fifteen  tons,  made  of  plana,  boand  together 
with  twisted  fibres,  and  the  aeama  pitched  oirer. 
The  robal  abounds  in  the  have  «Qd  harbors  ;  it  ia 
salted  and  sent  to  Lima.  They  maaaihetQie  ex^ 
cellent  camlets,  coarse  woellea  atofia  aad  poacho^ 
which  they  dye  with  a  |preat  variety  oif  eeiMa. 
Their  principal  trade  is  m  boards  and  locabei^ 
which  they  send  to  LifiM>  and  receive  faasti  aak, 
brandy,  herbof  Para^f^au^r,  and  dry  geoda 

The  city  of  VaUMa  la  sitaated  oa  the  aeath 
bank  of  the  river  Yaidivia,  about  fire  leagossfirooa 
the  aea.  It  was  leanded  bf  Doa  Pedro  de  Yai- 
divia ia  156S^  and  waa  deetroyed  bf  the  Aeaoca^ 
niana  ia  1509.  Ia  the  year  1638  the  patch  landed 

Digitized  by 


22SS 


APPSBDIX. 

CbnditiBii  of  Boitiih  Ami&riccL 


4389. 


ftt  thb  place,  attd  attempted  to  rebuild  the  town ; 
bat  the  decided  hostility  of  the  Datives  forced  them 
to  abandon  their  poniote.  The  ensotnff  year  a 
Spanish  s<|aadron,  which  had  been  fitted  out  to 
expel  the  Dittob.  entered  the  bay  of  Valdivia.  The 
towv  was  reboilt  and  fortified.  It  is  now  a  fron» 
tier  fortress,  and  is  the  presido  for  criminals^  who 
are  traneported  here  from  Pern  and  Chili.  It  was 
attached  to  the  presidency  of  Chili,  from  wheaoe 
it  reeeived  an  annual  supply  of  money,  elothing, 
and  provisions.  An  annual  ship  supplied  the  in- 
habitants with  sugar,  the  herb  of  ParaguaT,  dry 
ffoodSf  and  brandy,  and  carried  off  boards  and  lum- 
ber. The  settlements  are  eitended  to  Bio  Buenoy 
where  they  pasture  som«  cattle  and  raise  vege^ 
tables. 

The  portV  Vaidim  is  situated  in  thirty-niae 
degrees  forty-nine  minutes  serenteen  seconds 
south  latitude,  and  sixty-seven  degrees  nineteen 
minutes  fifteen  seconds  longitude  west  of  Cadi>. 
The  eatraaeeis  well  fortified.  The  bay  of  Corral 
it  the  best  aachorinff  ground. 

Osorno  was  foun&d  by  Don  Garcia,  while  gor- 
•rnorof  Valdivia.  It  is  situated  in  the  HuilU 
Biaipu,  in  forty-one  degrees  south  latitude;  six 
laagues  south  of  Rio  Bueno,  and  on  the  banks  of 
the  river  Canogas.  This  town  was  destroyed  by 
the  Indians ;  and  the  towns  of  Card  Maipu  and 
Calbueo  were  founded  by  the  fugittves.  Osorno 
was  rebuilt  in  1796  by  the  Captain  Qeoeral 
CVHiggins,  and  is  now  a  flourishing  settlement. 
The  town  of  San  Jos6  de  Akudia  was  built  at 
the  saaae  time,  in  the  plains  of  Molino^  on  the 
north  bank  of  Rio  Bueno,  about  ten  leagues  from 
Osorno. 

A  rood  was  opened  ftom  Valdivia  to  the  archi- 
pelago of  Cbiloe,  by  the  garrison  of  Valdivia.  and 
a  party  of  Indians.  They  began  at  Raysue,  and 
io  a  little  more  thao  three  months  completed  the 
road  to  the  fort  of  Mauliu,  the  last  Spanish  settle- 
ment OB  the  continent  to  the  south,  and  situated 
oppoeite  the  north  point  of  the  island  of  Chiloe. 
The  islaad  of  Cayliu,  in  forty-three  degrees  thir- 
ty-four minutes  south  latitude,  opposite  the  lofty 
wake  of  the  Corcobado,  is  inhabited  by  some  few 
Spaoish  descendants. 

The  rivet  of  La  PUUa^  called  by  the  natives 
Parana  Claasu,  (Gkeat  Pamna,)  was  discovered 
by  the  Spaniards,  under  the  conduct  of  Don  Juan 
Kas  de  Solis,  in  the  year  1516.* 


*  The  Portngosss  elsim  the  notthsm  shers  of  the 
river  Ls  Plata  by  right  of  diseovery,  and  the  Spanish 
anthMs  sie  so  very  ooatradiolory  in  thsir  dMes  of  the 
int  vorags  to  that  rr? or  as  to  make  it  doubfal  to  an 
imDartMl  leader.  They  generally  agree  that  the  gold 
and  silver  which  debsstisn  Cabot  nrocnred  from  the 
GusAaai  IndiaiM»  in  the  year  1526,  had  been  taken 
fiom  some  Portuguese  adventurers  who  were  return- 
ing from  Pern ;  and  that  in  1686  Pedro  de  Mendoza 
ibund  a  party  of  Portuguese  on  the  northern  shore  of 
the  La  Plata.  The  Portuguese  accoonU  attribute  the 
first  discovery  and  settlement  of  that  territory  to  their 
countrymen,  Alexis  and  Diego  (Hvica.  In  the  year 
1680  the- Portuguese  formed  a  settlement  on  the  north- 
em  shore  of  the  river  snd  erected  the  Ibft  of  Celonia 
del  Sacramento  directly  opposite  Boeoes  Ayves;  the 


The  earliest  establishment  appears  to  have  been 
made  on  its  shores  in  1526,  by  Sebastian  Cabot, 
a  Venetian  navigator  in  the  service  of  Spain ;  ana, 
the  town  of  Buenos  Ayres  to  have  been  first  set- 
tled in  1535,  by  Don  Pedro  de  Mendoza.  Afte^ 
being  twice  destroyed  by  the  Indians,  it  was  re«% 
built  in  1580,  and  has  fiourished  since  that  periods 
Buenos  Ayres  was  at  first  annexed  to  the  govern- 
ment of  Paraguay,  and  afterwards  made  dependent 
upon  the  viceroyaliy  of  Lima  and  the  aodiencia  oC 
Charcas.  In  the  year  1776^  the  provinces  (^ 
Buenos  Ayres,  Paraguay,  and  Cuyo,  were  united, 
under  the  government  of  a  viceroy.  In  1778  the. 
provinces  of  Upper  Peru  were  added  to  the  vie*» 
royalty  of  Buenos  Ayres.  It  extended  on  the  north- 
to  the  frontiers  of  the  Brazils,  and  to  the  viceroy*^ 
alty  of  Lima,  where  it  bounded  on  the  provinces 
of  Carabaya.  Cuzeo,  and  Chucuito,  ioA  westr» 
wardly  oh  the  river  Desaguederoand  the  province 
of  Arica.  It  included  the  district  of  Atacama^ 
which  extends  along  the  Pacific  ocean  from  Ariciir 
to  the  desert  of  Atacama.  On  the  west  it  waft 
separated  firom  Chili  by  the  Cordilleras  de  los  Ajh 
do,  and  extended  south  to  the  straits  of  MageUen* 

By  the  decree  of  1778  this  viceroyalty  was  ^-i 
vided  into  eight  intendencias ;  each  intendenci^ 
was  subdivided  into  partidos  or  disuicts* 

The  intendancy  of  Buenot  Ayres  includes  thai 
town  of  Santa  Fe,  situated  between  the  river 
Salado  and  the  Parana,  in  thirty^one  degjrees  £o^ 
ty-six  minutes  sooth  latitude.  Corrientes,  situate^ 
on  the  east  side  of  the  Pamna,  near  its  jnnction 
with  the  Paraguay,  in  twenty-seven  degrees  tUt> 
ty-thiee  minutes  south  latitude*  Th(»  military 
government  of  Montevideo,  situated  on  the  north* 
east  shore  of  the  river  Ia  Plata,  in  thirty-tbux 
degrees  fifty-four  minutesforty-eight  secondssouth 
latitude,  and  in  fifty-six  degrees  nine  minutes 
fifteen  seconds  longitude  west  of  Qreenwich.  The 
territory  of  the  eastern  shore  of  Uraguay,  or 
Banda  Oriental,  together  with  the  thirty  towns  of 
Quananis  missions  on  the  river  Uraguav,  which 
formerly  belonged  to  the  Jesuits^  and  the  tersi* 
tory  of  the  Rio  Ni^ro.  in  Patagonia,  which  is 
occupied  by  a  chain  or  military  oosts  extending 
from  Luxan  to  the  port  of  Rio  Negro.  Buenos 
Ayies,  the  capitals  is  situated  in  thirty-foui  de* 
Sreea'  twenty-five  minutes  twentv-six  secondf 
south  latitude,  and  in  fifty-eight  degrees  thirt|>^ 


year  they  were  driven  out  of  it  by  theSpaniardsi 

but  it  was  restored  by  the  provisional  treaty  of  1681. 
In  1706  Colonia  was  again  vrrested  from  ttie  Portu- 
guese, and  was  restored  to  them  by  the  peace  of  Utrecht, 
in  1715 :  whereas  Montevideo  and  Maldonado  were  not 
settled  by  the  Spaniards  until  the  year  1784.  Oolonia 
was  bedeged  and  taken  by  the  Splaniards  in  176%  but 
was  again  given  up  by  the  Treaty  of  Paris  of  176»* 
The  Portuguese  were  not  entirely  driven  from  their 
possessions  on  the  northern  shore  of  the  river  umft  the 
year  1777,  and  the  right  of  tewilory  has  remsk^d^ 
sntjeot  of  depute  ever  sineek  Commiasionem  haim 
been  appointed,  and  have  fre^ienily  met,  but  have  na4 
been  able  to  settle  the  daims  of  theirrespeoUve  Courts. 
To  the  long  residence  of  one  of  these  unsutn^wsfn! 
riommMsMinnrsj  Aaar%  we  owe  an  exoallent  vrork  OD 
the  aesiogy  of  these  countries. 


Digitized  by 


Google 


i3&7 


APFDrDIX. 


QmdUum  rf  SotOh  Ammea. 


one  miBQCefl  thirteen  seconds  west  longitude,  It 
is  the  see  of  a  bishop,  and  includes  thirty-four 
•ouracies. 

The  principal  articles  of  export  from  Buenos 
Ayresare  hides,  tallow,  horns,  skins,  bark,  vacuna 
wool,  copper,  and  the  precious  metals.  Buenos 
Ayres  is  supplied  with  salt,  from  the  salt  lakes  in 
Patagonia,  by  annual  caravans. 

The  intendancy  of  Paraguay  extends  on  the 
north  and  eastern  bank  of  the  river  Paraguay,  to 
the  river  Corrientes,  which  falls  into  the  Para- 

Ray,  and  to  the  mouth  of  the  Jaura,  in  sixteen 
l^ees  thirty-four  minutes  twenty-two  seconds 
fouth  latitude ;  on  the  east  to  the  Brazils;  on  the 
aouth  to  the  river  Parana,  from  its  confluence  with 
the  Paraguay  to  the  river  Guasupraro,  which  fklls 
into  it  a  little  west  of  the  town  of  Candelaria ; 
thence  the  line  runs  to  (he  mountains  of  Santa 
Ana,  including  the  towns  of  Candelaria,  Santa 
Ana,  Lereto,  San  IgnacioMini,  and  Corpus.  This 
intendancy  embraces  the  districts  of  Candelaria, 
Santiago,  Villarica,  Curuguati,  and  Villareal. 
Paragua^  is  the  set  of  a  bishop,  and  includes 
twelve  ricarages.  The  exports  from  this  inten- 
dancy are  sugar,  cotton,  tobacco,  and  the  herb  of 
Paraffuay,  commonly  called  matte,  from  the  cala- 
bash in  which  it  is  served.  The  two  last  are  the 
principal  articles. 

The  capiul  town^  Assumption,  is  situated  in 
twenty-five  degrees  sixteen  minutes  forty-six  sec- 
onds south  latitude. 

The  intendancy  of  Chrdava  extends  to  the  dis- 
trict of  Tucuman  on  the  north,  west  to  the  inten- 
dancy of  Buenos  Ajrres,  and  on  the  east  is  bounded 
by  Paraguay.  It  includes  the  districts  of  Men- 
doza,  San  Joan,  San  Luis,  and  Rioja. 

The  town  of  Cordova  is  the  capital  and  is  situ- 
ated in  thirty-one  degrees  fifteen  minutes  south 
latitude.  Mendoza  is  situated  on  a  river  of  the 
same  name,  at  the  foot  of  the  Cordilleras,  in  thir- 
ty-three degrees  thirty-one  minutes  seventeen 
seconds  south  latitude.  The  principal  articles 
exported  from  this  intendancy  are  ffrain.  fruiu, 
wine,  and  brandy.  The  bishopric  of  Cordova'in- 
dudes  eight  vicarages. 

The  intendancy  of  8dUa  extends  on  the  north 
to  the  district  of  Tarija  in  Potosi,  on  the  south  to 
Cordova,  west  to  the  Cordilleras,  and  east  to  the 
Srand  Chaco.  The  districts  of  this  intendancy 
are  Tucuman,  Santiago  del  Bstero,  Catamarca, 
Jnjny,  Nueva-Ovan,  and  Puna.  Salta,  the  capi- 
tal^ is  situated  in  twenty-four  degrees  thirty  min- 
utes south  latitude. 

San  Miguelj  the  chief  town  of  the  district  of 
Tucuman,  is  situated  in  twenty-seven  degrees  ten 
mintttes  south.  The  principal  trade  of  this  inten- 
dancy consists  of  horses  and  mules. 

The  intendancy  of  PotoH  extends  on  the  north 
to  the  districts  of  Yamparaes  and  Tomina,  in 
Chanas ;  south  to  the  district  of  Jujuy,  in  Salta ; 
it  rtaehes  west  to  the  Pacific  ocean,  and  is  bound- 
ed on  the  east  by  Cocbabamba.  The  districts  of 
this  intendancy  are  Porco,  Chayanta,  Chioas,  Tar- 
iia,  Lipes,  and  Atacama,  which  last  is  separated 
iToin  the  i^rovince^f  Arica  by  the  river  Loa,and 
from  Chili  by  the  desert  of  Atacama.    The  pre- 1 


cions  metals  constitute  the  principal  exports  from 
this  intendancy. 

Potosi,  the  capital  town,  is  situated  on  the  notik 
side  of  the  celebrated  mountain  of  that  name,  in 
nineteen  degrees  fifty  minutes  south  latitude,  and 
sixty-six  degrees  sixteen  minutes  west  longitude 
From  the  year  1796  to  1800,  the  tenths  firom  the 
produce  of  the  mines  in  Potosi  amounted  to 
$18,618,917. 

The  intendancy  of  Charcot,  sometimes  oalled 
the  presidency  of  Charcas,  from  being  the  seat  of 
a  royal  audiencia,  or  supreme  court,  extends  nortii 
to  the  intendancy  of  La  Paz,  south  to  Potosi,  west 
to  the  Desagoedero,  and  east  to  the  intendancy  of 
Cochabamlm.  This  intendancy  comprehends  the 
districts  of  Yamparaes,  Tomins,  Pelaya,  and 
Oruro.  Charcas  is  an  arohbishepric,  and  contains 
fourteen  vicarages. 

The  capital,  Chuqnisaca,  called  also  La  Plata, 
is  situated  in  19  degrees  25  minutes.  This  inten- 
dancy abounds  in  minerals,  salt,  sulphur,  d^s. 

The  intendancy  of  La  Paz  extends  north  to 
the  provinces  of  Carabaya  and  Cozco,  in  the 
Viceroyalty  of  Lima,  south  to  Charcas,  west  to 
the  provinces  of  Chucnito  and  Ariea,  and  on  thm 
east  is  bounded  by  the  government  of  Moxoe  and 
the  intendancy  of  Cocbabamba.  The  distrleta  of 
this  intendancy  are  Sicarica,  Pacages,  Omasuyos, 

So  which  is  annexed  the  island  of  Titicaca,  in 
e  lake  of  ChucuitoJ  Laricaxa,  Chulumani,  and 
Apolabamba.  The  bishopric  ot  La  Paz  compre- 
hends thirteen  vicarages. 

La  Paz,  the  capital  of  the  intendancv,  is  situated 
in  16  degrees  50  minutes  south  lamude.  The 
chief  produce  is  the  Peruvian  bark  and  an  kofb 
called  cocoa,  which  the  Indians  and  Creoles  chew, 
and  are  very  fond  of.  It  is  an  article  of  export 
to  the  other  provinces. 

The  intendancy  of  CbcAa5am&a  extends  on  the 
north  to  the  ffovernment  of  Moxos,  south  it  is 
bounded  by  the  intendancles  of  Charcas  and 
Potosi,  west  hj  Charcas  and  La  Paz,  and  east  bf 
the  river  Panpiti,  which  separates  it  from  the 
ffovernment  of  Cbiquitos.  The  districts  of  this 
mtendancv  are  Santa  Cruz  de  la  Sierra,  VaUe 
Grande,  Mezque,  £lisa,  Arque,  Tapaeari,  Uayo- 
paya,  and  Sacaba.  The  bishopric  of  Santa  Cruz 
de  la  Sierra  comprehends  three  vicaraffes  and 
four  curacies.  Cocbabamba  is  the  most  fertile  of 
all  the  intendancies,  and  is  called  the  ^narv  of 
Upper  Peru.  Orepesa,  the  capital,  is  situated  in 
17  degrees  2  minutes  south  latitude. 

The  military  government  of  Chiquitos  extmds 
north  to  the  mountains  of  Tapacores,  which  di^ 
vide  it  from  Moxos;  south  to  the  mountains  of 
Zamucas ;  west  to  the  district  of  Santa  Cruz  de 
la  Sierra;  and  is  bounded  on  the  east  by  the  lake 
Xarayes.  This  government  is  inhabited  princi- 
pally by  Indians.  There  are  some  missionarf 
settlements  among  them. 

The  military  government  of  Moxo9  is  very  ex- 
tensive. Separated  from  Cocbabamba  by  the 
Cordilleras,  it  extends  south  to  Cbiquitos,  and 
east  to  the  frontiers  of  the  Brazils.  It  is  divided 
into  three  districts — Moxos,  Baures,  and  Pampas; 
and  is  inhabited  by  the  tribes  of  Raches,  Sirionos, 


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APPENDIX. 


2290 


Condiiian  rf-  SotUh  America, 


Boloetros,  and  Jamcaras,  amopg  whom  are  some 
missionary  settlements. 

Tliere  are  sereral  small  harbors  and  roadsteads 
in  the  river  of  La  Plata.  Maldonado,  sitaated 
on  the  north  shore,  is  not  far  from  the  capes,  and 
is  said  to  be  the  best  part  of  the  ri?er.  The  next, 
the  port  of  Monteyideo,  is  exposed  to  the  south- 
West  winds,  which  sweep  over  the  plains  of  Bue- 
nos Ayres,  and  blow  with  incredible  violence. 
,  There  are  several  inconsiderable  roadsteads 
between  Montevideo  and  the  Bnsenada  de  Bar- 
lagan,  the  first  good  harbor  on  the  southwestern 
shore  of  the  river.  This  port  is  easy  of  access, 
and  is  protected  on  every  side.  The  only  objec- 
tionao  ships  lying  there^  in  oreference  to  the  in- 
secure roadstead  opposite  the  town  of  Buenos 
Ayres,  is  the  low  swampy  land  which  surrounds 
Barraffan,and  renders  the  roads  always  bad, and  in 
the  Winter  almost  impassable.  There  was  a  de- 
duction of  four  and  a  half  per  cent,  from  the  du- 
ties on  goods  landed  at  this  port,  in  order  to 
defray  the  expense  of  transportation  to  Buenos 
Ayres. 

There  is  a  small  stream  about  two  miles  below 
Buenos  Ayres  which  is  navigable  to  Baraceas. 
From  hence  lighters  convey  the  cargoes  to  the 
outer  roads. 

The  entrance  of  this  creek  is  obstructed  by  a 
bar,  and,  during  the  prevalence  of  westerly  winds, 
there  is  not  water  enough  for  the  lighters  to  pass. 
This  circumstance  often  occasions  great  deten- 
tion in  loading. 

The  tides  extend  a  great  distance  up  the  river, 
but  their  duration  depends  upon  the  winds.  In- 
deed, the  currents  are  so  very  uncertain,  and  ran 
with  such  rapidity,  that  it  is  advisable  to  heave 
the  log  with  a  lead  attached  to  the  line. 

The  city  of  BuenoB  Ayres  is  built  on  the  south 
shore  of  the  river,  and  extends  along  the  bank 
nearly  three  miles.  The  streets  intersect  each 
other  at  right  angles,  dividing  the  town  into  solid 
squares  of  one  hundred  and  fiTt)[  yards  each.  The 
houses  are  generally  two  stories  high,  and  are 
built  with  terrace  roofs.  The  city  is  defended  by 
a  fort,  and  is  ornamented  by  convents,  nunneries, 
churches,  and  the  buildings  formerly  appropriated 
to  the  royal  monopolies.  The  population  of  Bue- 
Bos  Ayres  and  of  the  adjacent  country  was  esti- 
mated at  about  70,000  souls. 

The  climate  is  healthy  and  temperate.  The 
northerly  winds,  when  moderate,  last  for  several 
days,  and  have  the  effect  of  the  sirocco  on  the 
feelings.  When  violent,  this  wind  seldom  lasts 
longer  than  twenty-four  hours^  shifting  to  the 
south  and  southeast,  with  rain  and  thunder. 
These  storms  are  invariably  terminated  by  a 
pampero,  or  southwest  wind.  The  west  and  west- 
northwest  winds  blow  with  great  violence,  but 
are  not  frequent.  During  the  prevalence  of  the 
southwesterly  winds  the  atmosphere  is  remark- 
ably dry,  and  the  electric  fluid  acq^uires  verv 
great  activity.  On  passing  the  low  rid^e  which 
skirts  the  river,  the  eye  extends  over  an  immense 
plain,  spotted  with  a  few  settlements  and  enclo- 
sures or  the  cylindrical  opuntia,  which  attains  a 
great  height  in  this  climate.    Orchards  of  peach 


trees  are  eoltivated  to  supply  the  town  with  fuel.* 
The  trees  are  planted  very  close  to  each  other, 
and  are  kept  low,  so  as  to  resist  the  force  of  the 
winds,  which  tear  up  larger  trees.  ^ 

The  uncultivated  plains  in  the  vicinity  of  the- 
citjr  are  overgrown  with  the  wild  artichoke. 
This  wood  grows  with  such  luxuriance  that,  in- 
the  great  scarcity  of  fuel,  it  is  used  to  heat  stoves 
and  ovens. 

These  plains  or  pampas  extend  one  hundred 
and  sixty  leagues  in  a  west  course  from  Buenos 
Ayres.  They  resemble  very  much  the  steppes  of 
the  south  or  Russia.  Both  exhibit  the  same 
boundless,  unbroken  expanse,  the  same  fertility  of 
soil  during  the  rainy  season,  and  dry,  parched 
appearance  in  the  heat  of  Summer ;  the  total  ab- 
sence of  trees ;  the  streams  few,  flowing  with  a 
sluggish  current,  and  brackish  to  the  taste;  the 
lakes  and  JPpnds  of  both  lAcrusted  with  salt ;  this 
mineral  efflorescence  on  the  surface  of  the  soil  in 
some  places  giving  it  the  appearance  of  being 
covered  by  a  hoar  frost.  The  character  of  the- 
inhabitants  adds  to  the  resemblance.  The  Q^ue- 
randis,  or  Indians  of  the  pampas,  are  Nomades, 
living  in  temporary  huts  and  tents  on  the  borders 
of  the  rivers :  and,  when  they  have  exhausted  the 
pasture  on  one  spot,  roving  with  their  herds  and 
flocks  to  where  it  is  abundant.  The  small  deer 
of  the  pampas  resembles  the  antelope  of.  the 
sieppes^  and  the  spur-winged  thegei  is  common 
to  both.  On  these'  plains  animal  putrefaction 
scarcely  goes  on  at  alL  On  the  borders  of  thr 
rivers,  and  in  low,  wet  placM,'the  entrails  of  ani- 
mals putrefy,  but  on  the  hi^h  land  animal  sub- 
stances will  dry  up.  This  is  the  case  in  some 
parts  of  Spain  and  Portugal;  but  at  Buenos  Ayres, 
where  fuel  is  so  scarce,  this  drying  quality  in  the 
air  enables  the  inhabitants  to  burn  in  their  fur- 
naces and  kilns  the  flesh  and  bones  of  animals. 
Sheep  were  formerlv  dried,  stacked,  and  sold  at 
two  dollars  and  a  half  the  hundred  for  these 
purposes. 

From  the  mildness  of  the  climate,  and  the 
abundant  pasture  afforded  by  the  extensive  plains 
of  Buenos  Ayres,  the  cattle  originally  brought 
from  Spain  have  become  so  numerous  that  they 
furnish  the  chief  support  of  the  inhabitants;  this 
is,  perhaps,  the  cause  of  the  miserable  state  of  the 
interior  of  this  country.  It  is  not  uncommon  to 
see  a  proprietor  of  a  league  square  of  land  owntac 
several  thousand  heads  of  cattle,  and  sheep,  and 
horses,  living  in  a  miserable  hut,  and  having  the 
bare  necessaries  of  life.  His  house  is  covered 
with  hides ;  his  furniture  is  made  of  the  same 
materials.  His  yard  is  enclosed  by  a  few  sukes, 
bound  together  with  thongs;  and  he  may  be  seen, 
with  his  herdsmen,  seated  by  a  fire,  cutting  off 
slices  of  beef  from  a  spit  stuck  in  the  ground,  and 
eating  it  without  bread  or  salt. 

In  the  vicinity  of  Buenos  Ayres  there  are  some 
very  productive  farms ;  and  wheat  and  corn  are 
raised  in  great  abundance,  by  simply  scratching 
the  ground  with  a  wooden  plough,  and  harrow- 
ing in  the  grain,  by  drawing  over  it  a  hide  filled 
with  earth.  Even  in  the  centre  of  the  plains 
there  are  some  spots  cultivated  in  grain,  but 


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AXFBSDIX 


22tt 


ONMMiOfi  nf  Souih  AU96fiC(i* 


the  dfstttiee  iron  the  mariMt  pra?eiiu  their  mit* 
ing  more  then  sofieient  for  their  ow<b  eoaeump* 
tioQ.  The  eettera  shore  of  the  river  Uragoay, 
iDcladiog  the  shore  of  Lt  Plata,  ahoandt  with 
ottttle,  aed  most  of  the  inhabitaiiteare  shef  herds ; 
where  the  land  is  cnltirated  it  has  beeo  fotmd 
▼erf  prodaotire,  aad  thos  terrttorr  was  the  most 
varaaMe  of  the  iateDdaney  of  Boenos  Ajrree. 
Paraffoay  is  ao  agricultural  proTinee,  and  the  do* 
mettle  mannfaeloree  sapply  all  the  wants  of  the 
inhahitanta.  The  effeeta  of  the  gorerntneat  of 
the  Jeaaits  are  still  felt  in  this  eottntry.  The  pe9» 
pie  genendly  reoeire  the  rudimeott  of  education, 
and  are  rttj  subordinate  to  tbek  leaders.  They 
were  orffanised  into  regimenteof  infhntry,  and  it 
iasaid  that  Paraguay  can  bring  intotheHeld  up* 
warde  of  40,000  men.  Many  m  the  prorinces  of 
Upper  Pevu  possess  mine^  aai  the  population  is 
dmded  between  the  wealthy  proprietors,  the  speo- 
ulaters,  and  tiRMe  who  work  in  the  mines;  aad 
here  is  to  be  found  all  the  corruption  and  misery 
which  are  inaeparable  from  thiaspeeiee  of  gam- 
btingir 

Ooehabamba  and  some  other  ptorinees  are  agri- 
ovttiiral,  and  the  inhabiunts  are  aetive  aad  intd- 
ligent.  Ikmng  the  time  Upper  Perd  was  in  the 
power  of  the  royalists,  the  spirit  of  the  reroiution 
hae  been  hept  up  ia  these  proTinces  by  the  guer^ 
riUas  of  Cochabamba. 

In  the  city  of  Buenoa  Ayree  property  is  equally 
divided)  there  are  no  very  large  proprietors,  no 
entailed  estates,  and  bot  little  property  in  mort- 
main i  the  inhabitants  are  generally  well  in/brm- 
e^  and  their  istercourse  with  fbreif^ers  has  given 
them  habiu  of  iadostry. 

There  is  very  little  miztura  of  blood  in  Baeooe 
Ayree,  ani  there  are  only  three  eastea-^he  cre- 
oleS)  Indians)  aB4  negroes.  Notwithstanding  thia 
pott  was  far  some  tima  the  entrepot  of  the  Afri- 
ean  trade,  very  few  daves  remained  at  Buenoe 
Ayres,  aad  the  Government  has  been  able  to 
emancipate  them  without  any  serious  injury  to 
soeiety. 

Previous  to  the  late  revolution  the  means  of 
education  were  withheld  from  the  oreoles.  It  is 
true  there  were  colleges  at  Cordova,  Chuqutsaea, 
and  Santiago  de  Chili,  when  the  student  was 
taught  Latin,  law,\and  theology ;  but  they  were 
prohibited  from  reading  anv  book  that  could  en* 
lar^  their  views,  or  give  them  an  idea  of  their 
eivil  or  pdKical  rights.  Bver^r  work  that  bore 
the  stamp  of  genius  was  prohibited  by  the  inqui- 
shion. 

Il  was  considered  sinful  to  read  any  boek 
marked  with  the  censure  of  the  church,  and  was 
deemed  ao  act  of  piety  to  denounce  any  one  who 
was  known  to  possess  sueh  a  work. 

When  this  restraint  was  removed,  they  read 
eagerly  the  theorieeof  speculative  poliiieians,  and 
the  controversies  and  attacks  on  the  Christian 

*  The  practice  of  the  law  in  these  coantries  was  not» 
as  in  the  United  States,  an  open  appeal  to  impartial 
jiutice,  bat  the  art  of  multiplying  actiL  and  procrastl- 
J*^^  *  ■^*»  ^°^^  *he  fiwror  of  the  judge  was  secured 
vj  Diibery  or  influence. 


religion,  published  at  the  eommeocement  of  the 
French  revolution ;  they  saw  the  monstrous  ah* 
surdity  *of  the  doctrines  which  had  been  taught 
them,  and  the^  too  often  stopped  there,  and  be- 
came sceptics  in  religion,  and  in  politics  wild  and 
theoretical ;  their  legislators  were  ignorant  of  the 
principles  of  political  economyj  and  the  common 
maxims  of  the  science  of  legislation. 
In  the  first  Qovernment,  the  executive  and  le* 

Sslative  powers  were  vested  in  the  deputies  of 
ueaos  Avres ;  next,  in  an  assembly  or  al!  the 
deputies  from  the  cnief  towns.  This  assembly' 
transferred  their  executive  powera  to  a  junta  of 
three,  and  styled  themselves  the  Sovereign  As- 
sembly^ declarinff  the  executive  and  maffistratea 
subordinate  to  them ;  the  executive  refused  to 
acknowledge  their  sovereignty,  and  published  ft 
esiatuto,  or  provisional  constitution.  By  thir 
constitution,  one  member  of  the  executive  re- 
signed his  office  at  the  expiration  of  every  six 
months,  and  no  one  could  act  as  president  for  a 
longer  period.  The  new  members  were  to  be 
elected  by  an  assembly  composed  of  the  muniei- 
pality  of  the  representatives  of  the  towns,  and  o£ 
a  considerable  number  of  citizens  dected  by  the 
people  of  the  capital,  according  to  the  manner  to^ 
be  hereafter  prescribed  bv  this  Qovernment.  The 
Qovernment  formed  a  high  court  of  appeal ;  they 
decreed  the  liberty  of  the  press,  and  the  security 
of  individuals  fVom  illegal  arrests  These  decrees 
have  been  renewed  by  each  successive  Qovern- 
ment ;  but  the  people  of  these  countries  never 
have  enjoyed  the  freedom  of  the  press  or  individ- 
ual security.  This  junta  took  the  title  of  the  Su* 
perior  Provisional  Qovernment  of  the  United 
Provinces  of  the  river  La  Plata,  in  the  name  of 
Ferdinand  VII.  Pamphlet  No,  1  contains  the 
constitution  and  the  decrees.  Shortly  af^er  this 
estatuto  was  published,  the  assemblv  was  dissolv- 
ed ;  after  dissolving  another  assembly,  this  Qov- 
ernment was  abolished,  and  a  Supreme  Director 
chosen.  The  Congress  afterwards  assembled  mod 
confirmed  this  form  of  government;  and  the 
same  men  who  voted  to  deprive  the  president  of 
the  first  Junta  of  all  distinctions,  and  whose  feats 
were  excited  by  his  having  an  escort  of  twenty- 
five  dragoons,  have  vested  the  Supreme  Director 
with  regal  power,  and  have  given  him  a  guard 
of  three  hundred  select  cavalry. 

In  all  these  changes  the  people  have  borne  bot 
little  Dart.  In  a  capital  conuining  upwards- of 
50,000  inhabitants,  not  more  than  five  or  six  haa- 
dred  have  ever  voted ;  and  the  town  meetings 
which  ffenerally  decided  the  change  of  rulers,  and 
often  the  form  of  government,  were  rarely  com* 
posed  of  more  than  two  or  three  hundred,  some- 
times of  less  than  one  hundred  persons.  Since 
the  commencement  of  the  revolution,  there  has 
been  a  constant  strujfgle  for  power  betweenr  the 
capital  and  the  provinces. 

Buenos  Avres  has  hitherto  maintained  the 
ascendency,  rrom  the  superior  intelligence  of  the 
inhabitants,  and  from  having  within  itself  the 
means  of  carrying  on  the  war.  The  duties  on 
imports  and  exports  fbmish  the  principal  resources 
of  the  GK^vemment,  and  the  leaders  of  the  rem* 


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AFVffilBdX. 


Gomditi^  cf  Son^  Amtriea, 


latkm  an  for  the  most  pari  citistat  of  Boenot 
Ayres.  Tbe  provinces  are  goyerned  by  a  eoio^ 
maoder  appointed  by  tbe  ezcoutive  of  Baenos 
Ayres.  rsragaay  first  revolted  from  thia  de« 
pendeoce  oa<  the  capital,  and,  from  the  com- 
mencement of  the  revolutioD  to  the  present  day, 
has  been  governed  l^y  its  own  chiefs;  they 
are  not  at  war  with  Baenos  Ayres,  but  have  no 
connexion  nor  hold  aay  communieaiioA  with 
that  Government.  They  too  have  ttied  a  great 
many  poUtical  experiments^  and  their  present 
form  of  government  is  copied  from  the  ancient 
Roman ;  it  consists  of  a  senate  and  two  consakb 
Francia,  the  _ 
aaid  to  govern 
Baenos  Ayres. 
been  found  a  reeble  cheek  to  the  arbitrary  exer- 
cise of  military  power. 

The  inhabiiants  of  the  eastern  shore  of  La  Pla< 
ta  hare  refused  to  submit  to  the  capital,  and  have 
successfully  opposed  the  arms  and  n^ttationa 
of  Buenos  Ayres  $  their  character  ie  represented 
as  turbulent  and  daring,  but  they  are  warlike  and 
enthusiastically  attached  to  their  leader^  Artigas^ 
who  oontends  for  independence,  both  from  the 
Government  of  Spain  and  from  that  of  Bnenoa 
Ayres.  No  Government  has  erer  been  organised 
on  the  territory  of  the  eaeteorn  shore,  owing  to 
the  dissensions  between  the  capital  aad  the  pro* 
viaceBi  The  people  of  Peru  have  not  taken  a 
very/  active  jiat  m  the  cevolution,  aad  many 
Creoles  were  to  be  found  in  the  royal  armies ;  the 
influence  of  tbe  clergy  contributed  (lA  some  time 
to  this  state  of  things.  By  the  Spanish^  law&  the 
high  offices  in  tha  convent  were  divided  alter- 
nately between  the  J£urope«i  and  oreole  monks. 
The  churoh  being  the  only  road  to  preferment 
open  to  the  creoIeB,  thev  crowded  into  it ;  but 
this  alternative  baianeed  their  influence*  Tha 
Boropean  monks  sent  from  Spain  were  chosen 
from  amongst  the  most  zealous  and  intelligent, 
uid  from  the  pulpit  and  in  the  confessional  chair 
snocessfuUy  incnleated  the  doctrines  of  divine 
right  and  of  unouatified  submission  to  tbe  Kio^, 
and^  above  all,  of  implicit  belief  in  the  infailihili* 
ty  cS*  the  clergy^ 

Tbe  Government  of  Buenos  Aytea  abolished 
the  alternative,  aad  baniahed  some  of  the  most 
intolerant  of  the  European  monks  and  clergy. 
Tbe  Creoles  who  have  taken  ordera  are  enthosi- 
astie  in  favor  of  the  revolution,*  and  have  bean 
highly  useful  to  that  cause  in  the  interior  prov^ 
inees.  The  influence  of  the  clergy  in  the  city  of 
Buenos  Ayres  appears  to  be  at  an  end.  The 
condition  of  the  people  of  Chili  is  diflbrent  from 
that  of  any  other  of  the  Spaniab  colonies;  tbe 
cooffUy  is  for  the  most  part,  in  the  hands  of  krge 
proprietors,  who  let  out  their  lands  to  tenants 
upon  the  cooditiona  of  personal  aervioe^  and  of 
the  payment  of  a  moderate  rent  ia  ptoduoe.  Am 
tbe  landlord  may,  at  wiH,  diive  tbe  tenant  from 
bis  fofm,  or  augment  the  rent,  according  to  the 
increased  value,  the  farmers  are  detertad  from 
improving  their  houses  or  land,  and  content  them- 
sdves  with  raising  what  is  neeeeaary  to  pay  the 
laadlord  and  to  snbeisc  their  fomiliea.    Most  of 


the  laige  estates  are  gmiing  farms,  and  the  per*- 
soaal  services  of  the  tenants  consist  principally 
in  tending  the  cattle.  They  are  expected,  how^^ 
ever,  at  w  times  to  be  ready  to  obey  tbe  ordau 
of  their  landlord.  Many  of  these  estates  areea* 
tailed,  and  all  of  them  encnmbered  with  aonaa 
legacy  to  tbe  church^  More  than  half  the  prep- 
erty  in  Chili  is  in  mortmain*  With  few  excep* 
tioQs,  the  clergy  have  been  opposed  to  the  revo- 
lutions in  each  of 'the  districts.  In  Chili  there 
ia  a  regiment  of  militia  cavalry,  well  mounted, 
and  armed  with  lances.  These  regiments  ana 
under  the  oentrol  of  the  colonel,  and  hMre,  in 
everv  instancy  foUtn^Fed  him  to  tbe  field,  and 
fought  for  the  cause  he  espoused.  Unfortunately, 
this  coutttrv  baa  been  divided  into  violent  and 
irreconeilcMle  factions  by  two  powerful  families^ 
the  Carreras  aad  Larrains,  both  equally  aoxieaa 
to  liberate  their  country  from  tbe  yebe  of  SpatB| 
and  both  using  every  oaeana  in  their  power  to 
obtain  the  command* 

la  lama  there  has  been  no  levoltttioaary  move- 
ment. The  landed  esutes  are  in  the  handaof 
large  proprietors,  and  are  cultivated  byaUvfes. 
They  are  fearful  that  any  attempt  to  change  tbe 
form  of  government  would  be  attended  by  a  lose 
of  their  property ;  and,  from  the  great  numbei 
of  blacks  and  mulattoes  in  this  viceroyalUy,  the 
contest  would  probably  terminate  in  the  same 
manner  as  the  revolution  of  St.  Domingo* 

Buenos  Ayres  and  Chili  have  been  virtually 
independent  for  the  last  eight  years,  aad  the 
effect  upon  the  character  and  condition  of  the 
people  nas  been  highly  beneficial.  Tbe  human 
mind  appears  to  have  risen  with  elasticity  from 
tbe  weight  of  tyranny  which  had  so  long  op« 
pressed  it,  and  to  have  improved  rapidly  in  the 
arts,  in  knowledge,  and  in  all  the  comforts  and 
enjoyments  of  fife.  These  are  benefits  whicb 
will  not  be  surrendered  without  a  desperate 
struggle.  Their  forces  are  numerous,  well  organ- 
ized and  disciplined,  and  were  the  provinces 
united,  they  possess  the  means  of  defending  them- 
selves against  the  efibrts  both  of  Spain  and  Por^ 
tugal.  Their  dissensiotts  and  amoition  render 
tbem,  in  the  opinion  of  some,  unworthy  to  be 
(ttt  I  but  let  us  recollect  that  tbe  virtuea  which 
adorn  society  and  brighten  the  page  of  hbtory 
are  the  c^pring  of  freedom  and  science,  and 
that,  when  a  people  have  been  for  centuries  kept 
in  subjection  bv  ignorance  and  superstition,  the 
first  effort  to  bum  their  fetters  will  call  into 
action  the  most  violent  of  the  human  passions, 
and  hurry  men  to  commit  the  greatest  excesses. 
The  course  of  such  a  revolution  will  be  toooAen 
stained  bv  cruelties  and  crimes,  and  will  al- 
most inevitably  terminate  in  a  military  despotism. 
From  the  mild  and  intelligent  character  of  the 
Creoles  of  South  America,  there  is  every  reason 
to  hope  that,  when  emancipated  from  Spain,  and 
relieved  from  these  present  difficulties,  they  will 
follow  the  bright  example  of  tbe  United  States, 
and  establish  a  government  of  laws. 

From  tbe  year  1580,  when  the  city  of  Bnenoa 
Ayrea  was  permanently  settled,  until  the  year 
ine,  tlie  hutory  of  these  counlrtea  eompriaea 


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AFPSSdOX. 


22M 


OandHkm  rf  South  America. 


oftljr  ft  Mtiet  of  dooiMtie  rezatioBt  from  the  des- 
potism of  ricerovs,  of  priTatioDt  from  monopolies 
and  commercial  restrictions,  and  of  sufferings 
iVom  wars  foreign  to  their  interests.  In  the  year 
1778  the  Indians  of  the  provinces  of  Upper  j^ern 
BMde  an  ineffectual  attempt  to  shake  off  the 
Spanish  yoke.  They  assembled  in  great  force, 
and,  under  the  command  of  Tupac  Amaru,  a  de- 
seendant  of  the  Incas  of  Pern,  plundered  and  de- 
stroyed a  great  many  small  towns.  They  twice 
laid  siege  to  the  city  of  La  Paz,  but,  being  with- 
OQt  fiteurms,  or  ij^norant  of  the  use  of  them,  they 
were  repulsed  with  great  loss.  After  a  hopeless 
ooBtest  of  three  years,  they  were  defeated  by  the 
combined  armies  of  Buenos  Ayres  and  Lima. 
Tupac  Amaru,  who  had  been  proclaimed  Inca, 
fell  into  the  hands  of  the  conquerors,  and,  togeth- 
er with  the  principal  leaders  of  the  rer olt,  was 
put  to  death  with  the  most  cruel  torments.  This 
decisiTC  action  put  an  end  to  the  insurrections  of 
the  Indians  of  Peru,  and  these  colonies  remained 
tranquil  until  the  sudden  invasion  of  the  English 
ial806. 

Sir  Home  Popham,  aware  of  the  disposition 
of  his  Goyernment  to  obtain  a  footing  in  the 
Spanish  colonies^  and  well  informed  of  the  de- 
fenceless state  of  Buenos  Ayres,  determined  to 
make  an  attack  upon  that  city.  Instead  of  re- 
turning direct  to  England  from  the  Cape  of  Good 
HopCj  he  entered  the  river  La  Plata;  and,  to  the 
astonishment  and  consternation  of  the  inhabi- 
tants, General  Beresford  landed  a  few  miles  be- 
low the  city  of  Buenos  Ayres  with  two  thousand 
men.  The  viceroy^  Sombremente,  was  panic 
struck ;  arms  were  distributed  to  the  militia,  who, 
ignorant  of  their  use,  ran  out  without  order  to 
look  at  the  enemy,  and  General  Beresford  march- 
ed into  the  city,  and  took  possession  of  the  citadel 
without  opposition.  Don  Juan  Martin  Puyerre- 
don  was  the  only  officer  who,  at  the  head  of  a 
company  of  hussars,  harassed  the  enemy's  march. 

Sir  Home  Popham  returned  to  England  with 
the  fleet,  and  General  Beresford  did  everything 
that  could  be  expected  from  a  brave  and  generous 
commander  to  reconcile  the  inhabitants,  and  to 
secure  his  conquest.  These  officers  had  calcula- 
ted only  the  facility  of  surprising  the  town,  and 
had  overlooked  the  difficuitfr  of  Keeping  posses- 
sion of  an  enemy's  country  with  a  small  Torce,  at 
so  great  a  disunce  from  their  resources.  The 
inhabitants  were  irreconcilably  opposed  to  the 
British.  The  Chevalier  de  Liniers,  a  French 
emigrant  in  the  service  of  Spain,  passed  over  to 
the  eastern  shore  of  the  river  and  excited  the 
inhabitants  to  arms ;  and  the  viceroy,  who  had 
fled  to  Montevideo,  assembled  a  small  force,  the 
command  of  which  was  given  to  Liniers;  he 
crossed  the  river,  and  was  joined  by  all  the  in- 
habitants of  Buenos  Ayres  who  could  escape  the 
vigilance  of  the  British  sentinels. 

The  English  commander  being  summoned  to 
surrender  the  town,  signified  his  determination 
to  defend  himself  to  the  last  extremity.  General 
LiDiers,  at  the  head  of  his  regular  forces,  imme- 
diately commenced  the  attack,  and  soon  drove 


the  garrison  into  the  fort,  where  they  were  forced 
to  capitulate. 

The  British  general  officers  were  sent  on  their 
parole  to  Luxan,  a  small  town  twelve  leagues 
from  Buenos  Ayres,  and  the  rest  of  the  prisoners 
were  marched  into  the  interior. 

The  emancipation  of  the  Spanish  colonies  ap- 
pears to  have  been  a  favorite  project  with  B^. 
Pitt.  The  ex-Je^uit  Don  Juan  Pablo  Viscardi 
Gosman,  a  native  of  Arequipa,  and  an  enthusiast 
in  favor  of  the  liberty  of  America,  had  frequent 
conferences  with  that  Minister^  and,  in  bh  an- 
swers to  a  series  of  inquiries  presented  to  himi 
gave  a  favorable  view  of  the  facility  with  which 
a  revolution  might  be  effected  in  that  country. 
He  afterwards  published  in  London  an  eloquent 
appeal  to  his  countrymen,  exhorting  them  to 
shake  o^  the  yoke  of  Spain.  During  the  admin- 
istration of  Mr.  Adams  some  proposals  on  this 
subject  are  said  to  have  been  made  to  our  Gov- 
ernment by  the  British  ministrjr,  which  were  not 
acceded  to.  In  1797  a  disposition  to  emancipate 
their  country  was  manifested  by  the  inhabitants 
of  the  Caraccas,  and  was  encouraged  by  General 
Picton's  proclamation,  issued  from  the  island  of 
Trinidad. 

In  1801,  Mr.  Pitt's  eagerness  to  open  this  mar- 
ket to  the  trader  of  Great  Britain  induced  hfm  to 
aid  the  untimely  and  ill-planned  expedition  of  Mi- 
randa ;  and  it  appeared  at  the  trial  of  Sir  Home 
Popham  that  the  administration  had  countenan- 
ced the  attack  upon  Buenos  Ayres. 

From  theMitUe  opposition  experienced  by  the 
British  troops  on  this  expedition,  and  from  the 
facility  with  which  Buenos  Ayres  had  been  oc- 
cupied, the  plan  of  emancipating  these  colonies 
appears  to  have  been  relinquished,  and  the  con- 

3uest  of  all  the  Spanish  possessions  in  America 
etermined  upon  by  the  British  Cabinet.  This 
change  of  policy  may  be  inferred  from  compar- 
ing the  proclamation  of  Sir  Thomas  Picton.  pab- 
lisned  at  Trinidad  by  order  of  Mr.  Dondas,  Min- 
ister of  His  Britannic  Majesty  for  Foreign  Af- 
fairs, dated  26th  of  June,  1797;  and  the  instruc- 
tions ffiven  in  1807  to  Generals  Whitlocke  and 
Crawford.  The  former  encourages  the  inhabi- 
tants "  to  resist  the  oppressive  authority  of  their 
Government;"  and  declares  that  "ibej  may  be 
certain,  whenever  they  are  in  that  disposition,  to 
receive  all  the  succors  to  be  expected  from  His 
Britannic  Majesty,  be  it  with  forces  or  with  arms 
and  ammunition,  to  any  extent;  with  the  assur- 
ance that  the  views  of  His  Britannic  Majesty  go 
no  further  than  to  secure  to  them  their  indepen- 
dence, without  pretending  to  any  sovereignty 
over  their  country,  nor  even  to  interfere  in  the 
privileges  of  the  people,  nor  in  their  politieal, 
civil,  or  religious  rights." 

The  instructions  of  the  right  honorable  Mr. 
IVindham,  Secretary  at  War,  to  Generals  Whit- 
locke and  Crawford,  were  in  a  different  spirH. 
The  first  was  to  proceed  with  the  forces  under 
his  command  to  the  river  of  Plate,  and  to  take 
possession  of  Buenos  Avres  in  the  name  and  be- 
half of  His  Britannic  Majesty.  He  is  ordered 
not  to  introduce  into  the  Government  any  aiter^ 


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APPENDIX. 


Condition  of  3outh  America, 


atioD,  except  in  the  appointment  of  indiTidaals, 
whose  change  should  be  foand  necessary;  nor  to 
gi?e  any  tssurance  that  they  shall  not  be  given 
up  to  Spain  at  the  conclusion  of  the  present  war. 
Qeneral  Crawford  was  to  proceed  to  the  rirer 
La  Plata,  subject  to  the  orders  of  General  Whit- 
locke.  Thence,  as  it  was  supposed  that  his  forces 
would  not  be  required  after  the  reduction  of  Bue- 
nos Ay  res,  he  was  directed  to  pass  round  Cape 
Horn,  and  take  possession  of  Valparaiso.  He  is 
ordered  to  discoura^  all  hopes  of  any  other 
change  in  the  condition  of  these  countries  than 
that  of  transferring  their  dominion  to  the  Crown 
of  Great  Britain. 

The  generals  on  the  Atlantic  and  Pacific  are 
instructed  to  establish  a  line  of  military  posts 
across  the  continent.  Their  operations  are  lim- 
ited strictly  to  these  points,  whatever  prospects 
of  easy  conquest  may  be  held  out  from  the  de- 
fenceless state  of  Peru,  as  an  untimely  movement 
might  defeat  the  ulterior  operations  intended 
against  those  countries.  These  instructions  are 
to  be  found  among  the  official  documents  an- 
nexed to  the  report  of  Qeneral  Whitlocke's  trial, 
published  in  1808. 

The  following  extracts  from  Qeneral  Whit- 
locke's  defence  will  show  the  effect  of  this  policv 
upon  the  inhabitants  of  Buenos  Ayres,  and  will 
give  the  opinion  of  the  commanders  of  that  ex- 
pedition with  respect  to  the  means  of  defence: 

^  It  was  known  that  the  people  were  divided 
into  factions,  and  that  various  causes  had  ren- 
dered a  large  proportion  of  the  inhabitants  ripe 
for  revolt;  and  great  numbers  were  anxiously 
looking  to  a  separation  from  their  mother  country 
as  the  onlv  means  of  availing  themselves  of  the 
natural  advantages  of  their  local  situation.  It 
was,  therefore,  naturally  concluded  that  people, 
who  feel  themselves  oppressed  rather  than  pro- 
tected, as  excluded,  by  restrictions  founded  upon 
a  narrow  and  selfish  policy,  from  many  commer- 
cial advantages^  would  glaaly  change  their  Gov- 
ernment; and  if  it  were  once  established  in  a 
military  post  in  the  country,  the  above  causes 
would  make  it  easy  to  open  an  extensive  inter- 
course with  the  inhabitants,  and  new  channels 
for  trade  and  commerce. 

**It  was  supposed  that  the  character  of  this 
country*  for  liberality  and  good  conduct  towards 
those  who  came  under  our  dominion  insured  us 
the  good  wishes  of  the  greater  part,  and  the  co- 
operation of  a  large  proportion,  at  least,  of  the 
eommnnity.  The  public  hopes  and  expectations 
were  raised  to  the  highest  pitch,  and  no  suspicion 
existed  that  it  was  possible  for  the  greatest  part 
of  the  population  of  South  America  to  entertain 
any  otner  than  a  just  feeling  of  atuchment  to 
our  Government ;  still  less  that  it  was  possible 
that  such  a  rooted  antipathy  could  exist  against 
us  as  to  justify  the  assertion  (the  truth  of  which 
has  beei^  proved  to  demonstration)  that  we  had 
not,  when  I  arrived  in  South  America,  among 
the  inhabitants,  one  single  friend  in  the  whole 
country.    Whether  the  opinion  of  the  illustrious 

•Great  Britain. 


sUtesman,*  now  no  more,  who  had  so  freqnentlf 
turned  his  thoughts  towards  South  America,  had 
led  him  to  contemplate  the  propriety  of  esub- 
iishing  military  posts  there,  or  the  co-operating 
only  with  those  who  would  gladly  have  roUowM 
the  example  of  North  America,  and  availed  them- 
selves of  our  assistance  in  establishing  their  inde- 
pendence, I  have  no  means  of  knowing;  but  ex- 
perience has  shown  that  any  other  course  of 
proceeding  than  that  last  mentioned,  even  if  raoet 
successful,  and  almost  in  proportion  to  success, 
must  have  had  the  effect  of  placing  us  at  a  greater 
distance  than  ever  from  our  ultimate  objects, 
those  of  friendly  intercourse  and  trade  with  the 
country. 

"  It  is  supposed  in  my  instructions,  that,  after 
effecting  my  first  object,  I  might  safely  part  wiik 
a  proportion  of  the  force  under  my  command, 
and  retain  only  about  eight  thousand,  which,  it 
was  supposed,  must,  in  any  case,  in  addition  to 
such  troops  as  I  might  raise  in  the  country,  be 
amply  sufficient  to  conquer  and  keep  possession 
of  the  country ;  for  such  had  been  the  misrepre- 
sentations to  Government  upon  this  subject  that 
it  was  supposed  that  a  considerable  force  of  this 
description  might  with  safetv  be  esublished.  I 
was  directed,  as  the  court  will  have  observed,  to 
use  precaution  as  to  the  raising  of  this  local  force, 
and  particularly  to  take  care  that  one-third  of 
each  rank  of  officers  should  be  British,  and  to  se- 
lect the  description  and  classes  out  of  which  it 
was  to  be  framed ;  but,  subject  to  these  precau- 
tions, it  was  conceived,  and  so  stated  in  my  in- 
structions, that  much  aid  might  be  derived  from 
this  source  towards  securing  His  Majesty's  po»> 
sessions  in  that  quarter,  and  avoiding,  at  the  same 
time,  the  necessity  of  too  laTge  a  demand  on  the 
regular  forces  of  this  country,  (I  use  the  very 
words  of  the  instructions.)  Such,  as  the  court 
will  have  seen,  was  the  impression  in  this  coun- 
try on  my  appointment  to  the  command. 

^*  What  was  the  actual  situation  of  the  country 
on  my  arrival? 

^  I  naturally  resorted  to  the  very  able  and  ex- 
perienced officer  who  commanded  at  Montevideo, 
and  who  had  diligently  employed  himself  In  ac- 
quiring every  possible  information  upon  this 
subject.  I  found  that,  in  the  course  of  his  opei- 
ations  against  Montevideo,  and  after  its  capture, 
he  had  every  reason  to  believe  that  the  peofde 
were,  without  exception,  inimical  to  us;  that 
previous  to  the  surrender  of  Montevideo,  he  coola 
place  no  confidence  in  any  information  he  re- 
ceived ;  and  that,  after  its  capture,  a  sullen  sUeaee 
pervaded  every  rank.  But  ne  also  found  reason 
to  believe  that,  however  inimical  they  were  to 
us,  they  were  still  more  so  to  their  present  Gov- 
ernment; for,  upbn  reports  arriving  at  Montevi- 
deo, which  afterwards  proved  false,  of  the  aboli- 
tion of  the  court  of  audienza.  the  setting  aside  of 
the  King's  authority,  and  not  hoisting  the  Span- 
ish colors,  those  who  had  appeared  hostile  and 
inveterate  now  pressed  him  to  advance  a  corps  to 
Buenos  Ayres,  and  assured  him  that,  if  he  woold 


•Mr.  Pitt 


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sfflcoewledge  their  iiiclep«Bd«ic«,  and  promiM 
tkem  the  pioteotioii  of  tl^  BBglish  GarerBinan, 
Ike  plaee  woald  submit. 

"  The  perty  in  power  were  mostiy  «U  imtlres 
of  SpftiB,  in  the  principal  offioes  of  ehnreh  and 
atBte,  and  devoted  to  the  Spanish  QovernmeBt 
The  second  party  eonnsted  of  natives  of  the 
oonntry,  with  scnne  Spaniards  sealed  in  it.  The 
disposition  of  the  mother  country  had  made  them 
auMt  anxious  to  shake  off  the  Spanish  yoke ;  and 
though,  from  their  igBoranee^tlieirwantof  morals, 
and  tne  baiiwrity  of  their  dispositions,  they  were 
ttthUly  unfit  10  govern  themselves,  they  aimed  at 
fbllowiBg  the  steps  of  the  Nortli  Americans,  and 
erecting  an  independent  State.  If  we  would  prom- 
ise them  independeneer  they  would  mstantly  revolt 
against  the  CiavemfB«nt,aBd  join  us  with  thegreat 
maaa  of  the  inhatntants.  The  next  consideratk>n 
was  oar  giving  up  the  footing  we  had  in  South 
AflBerioa.  On  this  subjeet  OMiy  iatportant  eon- 
afaUmtions  pcasented  themself  es.  'First,  the  sit- 
uation of  tiM  country  adid  the  natave  of  our  in- 
tfvottaoM.  it  was  supposed,  from  the  informa- 
tioB  reocmd  by  Qefvemment,  that  the  country 
would  be  ooMuered  and  kepi  in  subjectiiHi  by 
eiglM  tboasMMl  troops,  whioh  was  considered  as 
a  Mffge  force  I  but  the  informattoo  received  by 
Ctovernment  upon  this  subject  must  have  been 
Ibuadcd  in  ignorance  of  the  true  state  of  the 
coontf y.  1  found,  on  my  arrival,  that  the  resist- 
ance we  should  nave  to  contend  with  far  ex- 
ceeded every  calculation ;  not  a  single  friend  bad 
we  in  the  country ;  on  the  cootrary,  every  inhab- 
itant was  determined  to  exert  his  individual 
•trengik.  Upon  this  subject  I  rely  upon  the  ex- 
perience of  Bir  Samuel  Auehmuty,  who  stated 
that  double  the  number  of  troops  1  have  men- 
tioQed  would  be  required  to  conquer  and  keep 
ponesston  of  the  country."  On  the  return  of  the 
Viceroy  Sobrtmente  from  Mootevidieo,  the  peo- 
ple refused  to  receive  him,  and  wished  to  pro- 
claim Liniers.  That  officer  appeased  the  tumult, 
and  reinstated  Sobremente  in  his  command.  The 
Cabildo.  however,  deposed  him  as  soon  as  they 
jMord  ot  the  approach  of  another  British  expedi- 
tion, and  gave  the  aomniand  to  LIniers.  They 
then  despatahed-a  depuution  to  Spain,  in  conse- 
Qflieoce  of  which  Sobremente  was  recalled,  and 
Don  Santiago  Liaieis  appointed  Viceroy  of  La 
Hata. 

The  advanced  fua^d  of  the  second  expedNlon, 
Mader  the  command  of  Sir  Samuel  Auehmuty, 
landed  on  the  eastern  shore  of  the  river  La  Plata, 
Mi  4aid  siege  to  Moatevideo.  Soon  after  batte- 
nea  wen  opened,  a  breach  was  made,  and  the 
place  taken  by  assault.  The  main  body,  under 
Qeaemi  Whitlocke.  arrived  in  the  river  Plate  on 
the  9th  of  May^  1807,  and,  aAer  remaining  at 
Montevideo  until  the  arrival  of  General  Craw- 
ford's divistoBy  the  British  army  proceeded  up  to 
Buenos  Avree;  Qen^al  Whitlocke,  Mowing 
the  example  of  Qeneral  Beresford,  landed  his 
trocAs  below  the  town,  and  experienced  incredi- 
ble difficulty  in  the  tranq^^rtauon  of  his  artillery 
over  the  low  swampy  lands  which  skirt  the  bor^ 
ders  of  the  river. 


The  country  people  weredeeidadly  hostile,  wui 
none  could  be  prevailed  upoa  to  serve  as  guides, 
or  to  procure  cattle  for  the  army.  The  coIuuhis 
mistook  the  road,  and  the  men  were  alnaost  faei- 
ished  when  they  arrived  bdbre  the  town.  The 
want  of  proper  accommodations  for  his  troops, 
and  the  dread  of  the  rainy  season,  kidnced  G«i- 
eral  Whitlocke  to  order  an  immediate  attack. 
During  the  march  of  the  Britash  troops  frona 
Bttsenada,  the  inhabitants  of  Buenos  Ayres  ve- 
covered  from  their  first  panic;  and  disposittons 
were  made  to  defend  the  town  by  cutting  ditohes 
across  the  principal  streets,  ptacing  the  militia  oa 
the  flat  roofs,  and  securing  the  entrance  of  the 
houses. 

Sir  Samuel  Auehmuty,  who  commanded  one 
column  of  attack,  entered  the  upper  part  of  the 
town,  and,  after  a  sanguinary  conflict^  drove  the 
Spaniards  from  the  square,  and  took  possession  of 
the  Plaza  de  Toros,  a  laive  circular  building, 
where  the  bull  fights  are  held.  This  position. 
commands  the  whole  town.  General  Crawford 
led  the  column  which  entered  the  lower  part  of 
the  town.  He  met  with  little  opposition  until 
he  had  advanced  within  a  few  hundred  yards  of 
the  fort;  suddenly  a  tremendous  fire  was  opened 
open  the  column  from  the  windows.  Bombs  and 
grenades  were  showered  down  upon  the  ranks 
from  the  roofs  of  the  houses;  without  petaras, 
scaling  ladders,  or  even  axes,  the  troops  in  vain 
endeavored  to  break  open  the  doors ;  and  General 
Crawford,  after  losing  half  his  force,  without 
being  able  to  make  any  effectual  resistance,  re- 
treated into  a  larfj^  church,  where  be  defended 
himself  for  some  time.  The  church  was  exposed 
to  the  fire  of  the  fort,  and  he  was  at  length  com- 
pelled to  surrender  at  discretion.  This  decided 
the  fate  of  the  expedition. 

General  Whitlocke  was  informed  of  the  capture 
of  General  Crawford's  columns,  and  it  was  inti- 
mated to  him  that,  if  the  attack  continued,  it 
would  be  impossible  to  protect  the  prisoners  from 
the  rage  of  the  people.  Finding  that  the  obiect 
of  the  Government  could  not  be  accomplished, 
he  entered  into  a  treatv  with  Liniers.  bv  whica 
he  agreed  to  evacuate  Monterideo,  and  the  terri- 
tory of  the  river  La  Plata,  prorided  he  was  per- 
mitted tore-embark  his  troops.  These  conditions 
were  immediately  conceded,  and  the  British  forces 
abandoned  the  shores  of  La  Plata. 

The  expedition  under  General  Whitlocke,  as- 
sisted by  the  disposition  of  the  people,  might  have 
scoured  the  emancipation  of  these  colonies,  but 
was  not  adequate  to  transfer  their  dominioa  to 
the  Crown  of  Great  Britain. 

The  revolution  in  Spain  changed  the  deetioa^ 
tton  of  a  still  more  formidable  expedition  fitted 
out  by  Great  Briuin,  and  intended  fw  the  final 
conquest  of  these  colonies.  Monsieur  de  Chasne, 
an  emissary  of  Napoleon,  arrived  in  Buenoa  Aym 
in  1806.  The  viceroy,  Liniers,  laid  his  despatches 
before  the  audiencia  and  the  Cabildo,  and  Mens, 
de  Chasne  was  sent  off.  He  afterwards  fell  into 
the  hands  of  General  £lio ;  and,  after  experieeeinf 
the  most  cruel  treatment,  was  sent  back  to  Buenoa 


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CkmMkm  pflSMh  JtmeHea. 


Ayres,  (kom  wbtfooe'fae  nnn  eonreyed  19  a^iris- 
oner  to  C«diz. 

Tlie  Ticeroy,  Ltniers,  iseoed,  about  this  time,  m 
proeUimttioii  setting  forth  the  stete  of  the  Penin- 
sula, and  exhorting  the  people  to  remain  tranquil, 
attd  to  follow  the  fortune  of  the  mother  country, 
whatever  might  be  the  issue  of  the  present  con- 
test. The  «anie  language  was  held  by  the  re- 
geaey  of  Spain.  In  an  address  to  the  Americans, 
ibty  say,  it  is  sufficient  for  you  to  be  Spaniards, 
unless,  whaleTer  be  the  event  of  fortune,  you 
also  belong  to  Spain. 

GtoefaiBUio,  who  had  been  appointed  military 
governor  of  Montevideo,  had  secretly  excited  the 
inhabitants  of  the  eastern  shore  to  revolt  against 
the  authority  of  the  viceroy.  He  now  accused 
Linievs  of  treason,  refused  to  obey  his  orders 
and  formed  a  Junta  in  Montevideo,  on  the  model 
of  the  Provincial  Qovernment  in  Spain.  The 
arrival  of  Goyeneehe,  who  left  Madrid  as  the 
emissary  of  Murat,  and  afterwards  accepted  a 
eommission  from  the  Junta  of  Seville  to  proclaim 
i^erdinatid  YII.  in  Sovth  America,  eodtiibuted 
ao  agitate  the  public  mind,  and  to  encoura^  the 
t^it  of  revolution.  The  people  were  invited  to 
tmke  part  in  the  dissensions  of  the  ohiefe,  and 
ware  called  tfpon  for  the  first  time  to  think  and 
to  aat.  GoytBeehe  landed  at  Montevideo,  where 
be  approved  the  conduct  of  General  Blio,  and 
aarared  him  that  the  formation  of  a  Junta  would 
be  highly  aeoepuble  to  the  Government  of  Spain ; 
at  Buenos  AyuBs  he  applauded  the  loyalty  of 
Liniers;  in  the  provinces  through  which  he 
passed  on  his  way  to  Lima,  he  advised  the  es- 
tablishment of  Juntas.  At  Lima  be  solicited  and 
obtained  the  command  of  the  army  sent  against 
the  Junta  of  La  Paz,  and  conducted  the  war 
against  that  province  in  the  most  sanguinary  and 
impolitic  manner. 

Notwithstanding  the  Central  Junta  of  Spaii^ 
luMibeen  recognised  by  Liniers,  and  through  bis 
influence  by  the  people  of  Buenos  Ayres,  that 
Qoverameat  listeaed  to  the  accusations  of  his 
anamies,  and  superseded  the  only  man  whose 
popular  ebaraeter  and  services  to  tne  State  could 
Wva  preserved  this  ooloay  from  immediate  revolt. 

Oa  the  arrival  of  the  new  Viceroy,  Cisneros, 
Liniers  was  strongly  solicited  to  retain  the  com- 
mand. The  military  offered  to  support  him ;  and 
hopes  were  enteriaiaed  bv  the  patriots  that  the 
impolicy  and  injustice  or  the  Spanish  Govern- 
aaent  would  drive  over  to  ttteir  party  this  able 

S  popular  leader.  But  Liniers,  who  appears  to 
e  acted  throughout  with  chivalric  honor,  db- 
sf^atad  4hair  hopes,  by  privately  withdrawing 
hiUMelffrom  the  solicitations  of  his  friends  and 
tlie  persecution- of  his  enemies. 

Cisneros  did  not  possess  the  character  or  abil» 
ities  necessary  to  repress  the  revolutionary  spirit 
of  the  people  of  Buenos  Ayres.  The  decree  of 
free  trade,  extorted  from  this  Viceroy  in  1809. 
increased  their  intercourse  with  foreigners ;  ana 
the  ignorance  and  superstition  by  which  their 
allegiance  had  been  hitherto  secured  was  fast 
wearing  away ;  while  theic  conquest  of  the  cap* 
ital,  and  their  successful  defence  against  the  last 


formidable  invasion,  without  any  assistance  from 
the  mother  country,  gave  them  confidence  in 
their  strength  and  resources. 

Shortly  after  the  news  of  the  seizure  of  the 
royal  family  reached  the  Brazils,  manifestoes 
were  published  by  the  Infant  Don  Pedro,  and 
by  the  Pincess  Charlotte,  the  sister  of  Ferdinand 
VIL,  and  the  consort  of  the  present  King  of  Por- 
tugal, setting  forth  their  right  to  the  Spanish 
dominions  in  America.  The)r  were  accompanied 
by  letters  addressed  to  the  viceroys  and  gover- 
nors of  provinces,  and  were  circulated  from 
Mexico  to  Buenos  Ayres.  The  first  scheme  of 
the  revolutionists  was  formed  upon  these  pre- 
tensions. 

They  proposed  to  deliver  up  the  country  to  the 
Princess  Charlotte,  expecting  to  retain  the  ad- 
ministration in  their  own  hands  $  and  intending, 
at  some  more  fortunate  period,  to  assert  their  en- 
tire independence. 

They  despatched  an  agent,  with  their  propo- 
sals, to  Rio  de  Janeiro.  The  princess  accepted 
their  offer,  upon  condition  that  they  should  ad- 
mit a  Portuguese  garrison  into  Buenos  AyreB. 
As  this  measure  would  have  defeated  the  plan  of 
the  tevolutionists,  the  negotiation  was  dropped. 

The  first  revolutionary  movement  in  the  Vice- 
royalty  of  La  Plata  was  made  in  La  Paz ;  and  a 
Junta  was  formed  in  the  capital  of  that  inten- 
dancy,  after  the  plans  of  the  provisional  Juntas 
of  Spain. 

The  Viceroy  of  Lima  resolved  immediately  to 
suppress  this  party,  and  despatched  Goyeneche, 
at  the  head  of  a  large  force,  into  Upper  Peru. 
La  Paz  was  taken,  and  the  members  of  the  Junta, 
with  some  of  the  principal  citizens,  put  to  death — 
the  first  example  of  the  exterminating  furywith 
which  Goyeneche  conducted  the  war  in  Upper 
Peru.  The  failure  of  the  plan  to  transfer  the 
Government  to  the  Princess  Charlotte  obliged 
the  leaders  of  the  revolution  to  adopt  more  decis- 
ive  measures.  Their  intentions  were  discovered, 
and  it  was  expected  that  every  means  would  be 
used  to  frustrate  them.  Their  danger  obliged 
them  to  act  with  promptness  and  resolution;  and 
the  first  attempt  of  the  Vicerov  to  cheok  them 
was  followed  by  an  open  declaration  on  their 
part.  He  was  peremptorily  ordered  to  resign  hu 
command,  and,  after  a  short  struggle,  and  a  vain 
appeal  to  the  people,  was  obliged  to  comply.  Im- 
mediately upon  his  resignation,  a  meeting  of  the 
princi[Md  inhabiunts  was  held  in  the  town*hall  of 
Buenos  Ayres.  In  this  assembly,  the  bishop, 
whose  inflqence  had  hitherto  been  unboundei^ 
ventured  to  oppose  the  current  of  public  opinion ; 
but  his  authonty  was  no  longer  sacred,  and  his 
assertions,  that  the  last  Spaniard  who  remained 
in  America  ought  by  right  to  govern  the  coun- 
try, excited  such  universal  indignation,  and  drew 
upon  him  such  a  torrent  of  abuse,  that  he  retired 
to  his  palace  confounded  and  dismayed. 

This  assembly,  still  wishing  to  temporize,  cre- 
ated a  provisional  Junta,  and  named  the  ex-vice- 
roy president;  but  the  people,  who  had  felt  their 
power,  refused  all  compromise,  and  on  theSSthof 
May,  1810,  a  Junta  was  elected  from  the  Creoles 


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2S04 


of  Buenos  Ayres,  and  took  pofseasion  of  the  com- 
mand, amidst  the  aniversai  acclamations  of  the 
people. 

Elvery  exertion  was  immediately  made  to  ex- 
tend the  revolution  to  the  interior  provinces,  and 
troops  were  despatched  to  favor  the  patriou  in 
Peru  and  Paraguay. 

The  ex-viceroy  and  fiscals  endeavored  ^o  coun- 
teract this  plan^  and  maintained  a  correspondence 
with  the  Spanish  authorities  in  those  provinces. 
As  soon  as  this  conduct  was  known  to  the  Gov- 
ernment, they  were  summoned  to  the  fort,  and 
directly  conveyed  on  board  an  English  cutter, 
chartered  to  transport  them  to  the  Canaries.  The 
royal  audience  was  at  the  same  time  dismissed 
for  contempt  of  the  Junta;  and  the  Cabildo, 
chiefly  composed  of  Europeans,  having,  in  a  se- 
cret meeting,  sworn  allegiance  to  the  resency  of 
Spain,  the  members  were  banished,  and  it  was 
declared  by  law  that  no  European  should  hold 
any  public  office  under  the  Government  of  Bue- 
nos Ayres. 

The  Count  de  Liniers.  who  had  retired  to 
Cordova,  assembled  a  small  force,  and  determined 
to  0]>pose  the  progress  of  the  revolution  in  the 
interior.  Before  he  had  time  to  strengthen  him- 
self, his  party  was  attacked  and  totally  defeated 
by  the  troops  of  Buenos  Ayres;  and  he^  with  the 
bishop,  the  Governor  of  Cordova,  and  four  of  the 
principal  officers,  fell  into  the  hands  of  the  victors. 

Either  from  the  personal  enmity  of  his  judges, 
or  from  fear  of  his  popularity  and  extensive  in- 
fluence, which  made  it  equally  dangerous,  at  that 
early  sta^e  of  their  revolution,  to  banish  or  im- 
prison him,  it  was  resolved  in  the  Junta  that 
Liniers  and  his  accomplices  should  be  put  to 
death,  except  the  bishop,  whose  sacred  character 
protected  him.  They  were  met  on  the  road  to 
the  capital  b]r  a  military  commission,  and  were 
shot,  after  heiuf  confessed  by  the  bishop,  who 
was  forced  to  witness  the  execution  of  his  rriends. 

The  expedition  to  Upper  Peru  was  conducted 
by  a  commission;  Casteile  was  the  member  select- 
ed for  this  important  command;  he  was  one  of 
the  earliest  ana  most  distinguished  leaders  of  the 
revolution  from  the  Junta  of  Buenos  Ayres. 

The  Indians  were  emancipated  from  the  most 
oppressive  services;  the  auxiliary  army,  hailed 
by  these  unfortunate  people  and  by  the  Creoles  as 
their  deliverers,  soon  occupied  the  whole  territory 
of  the  viceroyalty,  and  the  towns  were  invited  to 
elect  deputies  to  represent  them  in  the  Congress 
about  to  be  held  at  the  capital. 

In  the  mean  time,  the  dissensions  natural  to  a 
Government  composed  of  one  numerous  body 
broke  out,  and  produced  those  factions  which 
have  since  divided  their  councils  and  distracted 
the  State.  They  originated  in  the  personal  ani- 
mosities of  the  president  of  the  Junta*  and  of  the 
Secretary  of  State,!  a  man  of  violent  temper, 
ardent  in  his  love  of  liberty,  and  too  conscious 
of  his  superior  abilities  to  brook  control.  As  the 
secretaries  had  a  right  to  deliberate  and  vote  in 

*  Don  Comelio  Saavadre. 
tMoreiio. 


the  JnnU,  he  was  enabled  to  oppose  the  preiidesc 
in  all  his  views,  and  obtained  a  decree  aeprivia|^ 
him  of  all  distinction,  except  that  of  his  presi- 
dencv  when  sitting  in  Junta.  On  the  arrival  of 
the  depinies  from  the  provinces,  they  were  ad- 
mitted into  the  Provincial  Government,  and  the 
spirit  of  party  was  augmented  by  this  accession 
of  numbers.  As  they  had  been  received  contrary 
to  the  opinion  of  the  secretary,  who  contended 
that  it  defeated  the  intention  of  the  election, 
which  had  been  to  form  a  deliberative  body,  the 
president  found  no  difficulty  to  procure  the  seere* 
tary's  banishment;  he  was  sent  on  a  missioo  to 
England,  and  died  on  his  passage. 

The  members  of  the  opposition,  unable  to  re- 
sist the  president's  party  in  the  Junta,  determined 
to  establish  a  club  in  the  city,  and,  by  uniting 
the  most  factious  of  the  military  and  citizens, 
control  the  measures  of  Government.  Aware  of 
the  probable  efiects  of  this  combination  againaC 
him,  the  president  had  recourse  to  the  most  vio- 
lent and  unjustifiable  measures  to  destrov  it.  Oo 
the  morning  of  the  5th  of  April,  1811,  three 
regiments  devoted  to  his  interest  were  drawn  np 
in  the  principal  square  of  the  city.  The  corpora- 
tion were  assembled,  and  the  petition  was  pre- 
sented to  them  from  two  or  three  hundred  pena- 
ants.  who,  in  the  name  of  the  people,  demanded 
the  banishment  of  the  members  and  officers  moat 
inimical  to  the  president.  The  corporation,  awed 
by  the  miliury,  reluctantly  complied;  the  obnox- 
ious persons  were  banished;  the^lub abolished; 
and  a  number  of  the  citizens  thrown  into  prison* 

This  impolitic  measure  was  the  commence^ 
ment  of  those  violent  changes  which  have  so 
frequently  retarded  the  progrtsM  of  the  revolution. 
The  leaders  of  the  army  otPeru,  which  was  now 
encamped  on  the  frontiers  of  the  viceroyalty  of 
Lima,  declared  against  the  revolution  of  the  5th 
of  April,  and  threatened  to  turn  their  arms  against 
its  authors.  It  was  thought  a  necessary  measare 
of  precaution  on  the  part  of  the  Junta  to  intro- 
duce discord  among  the  chiefs,  and  their  disten- 
sions finally  occasioned  the  entire  defeat  of  that 
army,  at  the  battle  of  Hualqui,  when  the  royalisu 
and  patriou  mutually  accused  each  other  of 
breaking  an  armistice.  The  news  of  this  disaster, 
which  well  nigh  proved  the  min  of  their  canae, 
was  received  with  joy  by  the  rniine  party  in 
Buenos  Ayres,  who  only  saw  in  it  the  destrnction 
of  a  formidable  rival. 

The  Junta  of  Buenos  Ayres  had  neglected  to 
occupy  the  important  place  of  Montevideo  at  the 
commencement  of  the  revolution;  and  the  Span- 
ish marine,  which,  with  equal  oversight,  had  been 
permitted  to  leave  Buenos  A^res,  rendezvonsed 
there,  and  commenced  hostilities  against  the 
Junta;  they  harassed  the  commerce  on  the  rivers, 
and  blockaded  the  ports  of  Buenos  Ayres. 

On  the  arrival  of  General  Elio  with  the  ap- 
pointment of  captain  generftl  and  viceroy  of 
these  provinces,  he  withdrew  the  blockade^  and 
made  an  attempt  to  get  possession  of  the  com- 
mand, either  as  viceroy  or  as  president  of  the 
Junta. 

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tke  Gk)TeromeDt  of  Bueoos  Ayrea,  and  be  shortly 
after  despatched  a  small  aquadroa  to  the  Parana, 
in  order  to  destrojr  some  ressels  beloDging  to 
Boeooe  Ayres,  which  were  stationed  there  for 
the  protection  of  the  trade.  This  was  effected. 
iBd  the  bloekade  renewed.  The  British  admiral 
did  not  consider  the  authority  of  the  viceroy  suf* 
ficient  to  esiahlish  a  lesal  blockade,  and  came 
down  in  person  from  Hio  de  Janeiro  to  insist 
npon  the  inTiolability  of  the  British  flag.  After 
some  negotiations  with  General  Elio,  he  gave  or- 
ders to  the  commander  on  this  station  to  protect 
the  entrance  of  British  vessels  into  all  the  ports 
of  the  river  La  Plata.  The  blockade  became, 
therefore,  of  no  effect ;  and  the  squadron  was  em- 
idoyed  in  ravaging  the  coast,  but  retaraed  from 
time  to  time  to  l)ombard  the  city. 

During  these  attacks,  the  Buropeans  in  Buenos 
Ajrm  were  harassed  and  mortified.  The  cm- 
married  niere  hanished,  and  these  who  remained 
ynae  sal^eeted  to  the  most  veiatious  and  hnmili* 
ntitig  regulations. 

In  the  midst  of  these  transactions,  the  inhabit- 
tfktB,  of  the  eastern  shore  of  the  river  La  Plata  had 
Wen  excited  to  revolt  againtthe  Buroman  au^ 
thorities  in  Montevideo,  and,  as  General  Blio  was 
narticularly  disliked  by  them,  this  was  easily  ef- 
fected; they  rose  in  mass,  defeated  the  royalists 
at  Piedras,  and  drove  them  within  the  walb  of 
the  town.  A  small  regular  force  was  Immedir 
aytely  despatched  to  aid  their  operations,  and  that 
town  was  blockaded  by  land. 

The  expedition  against  Paraguay  had  failed  of 
)tiM  object,  and  had  served  only  to  irritate  the  in- 
habitants of  that  province;  and  although  they 
shortly  afterwards  expelled  their  European  maeis- 
Irates,  and  established  a  provisional  Junta,  they 
have  constantly  refused  all  connexion  with  Bue- 
nos Ayres.  General  fiUio,  alarmed  at  the  spirit 
manifested  by  the  people  of  the  eastern  shore, 
and  pressed  by  a  besieging  army,  sent  deputies 
to  Buenos  Ajrres  to  solicit  peace,  offering  to 
return  to  Spain,  and  stipulating  that  the  town 
of  Montevideo  should  send  a  deputy  to  the  Con- 
gress of  Buenos  Ayres,  provided  it  was  suffer- 
ed to  lamain  independent  of  the  Junta.  The 
news  of  the  revolution  in  Paraguay,  which  was 
taoeived  at  the  same  time,  prevented  the  Govern- 
ment of  Baenos  Ayres  from  accediof  lo  this  pro- 
]K«at  If^orant  of  the  intention  of  the  chiefs  of 
that  province!,  and .  presnming  that  they  would 
unite  in  the  common  catise,  they  inaiimd  upon 
the  unconditional  surrender  of  Montevideo.  Gen- 
eral Blio  then  api^ied  far  assislaace  to  the  Court 
el  Brazil:  that  cabinet,  in  hopee  to  realize  their 
fivorite  projeet.and  to  obtain  possession  of  Mon- 
tevideo, immediately  granted  his  request,  and 
9^500  men  were  ordered  to  pass  the  frontiers.  In 
aonsequence  o(  this  measure^  the  situation  of 
Boenos  Ayres  beeanae  alarming.  From  the  state 
of  their  discipline,  the  defeat  at  Hualqui  proved 
a  total  dispersion  of  that  army,  and  the  forces  of 
Lima  successively  occupied  La  Paz,  Potosi,  and 
Cochabamba. 

The  Portuguese  troops  advanced  rapidly  to  the 
relief  of  Montevideo  and  grMt  disconteat  reigoed 
15th  Con.  Irt  Ssss.— 73 


in  the  capital.  In  this  state  of  afiinrs  it  was 
thought  advisable  that  the  president  should  pro- 
ceed to  Peru,  in  order  to  collect  their  scattered 
forces,  and,  by  his  presence,  restore  the  confidence 
of  the  inhabitants  of  the  provinces  not  yet  occu- 
pied by  the  enemy.  He  consented  to  this  arrange- 
Doient,  and  appointed  to  the  command  of  the  sar- 
rison,  during  his  absence,  those  men  who  nad 
served  under  him  in  the  revolution  of  the  6th  of 
April,  and  of  whose  atuchment  and  fidelity  he 
felt  secure.  He  had  scarcely  left  the  capital  be- 
fore a  town  meeting  was  assembled,  wnich  de- 
posed him;  they  then  named  an  executive  of 
three,*  and  declared  the  Assembly  of  Deputies  a 
deliberative  body.  In  their  eagerness  to  change, 
they  nefflected  to  secure  themselves  against  the 
abuse  of  power. 

They  intrusted  to  the  executive  the  right  of 
enacting  their  own  laws,  and  permitted  them  to 
frame  a  constitution  for  their  own  government* 
The  legislative  assembly  proved  an  intolerabia 
restraint  upon  an  executive  furnished  with  such 
powers,  and  a  pretext  was  soon  found  to  diseoivo 
that  body. 

The  first  act  of  the  new  Government  of  Buenoa 
Ayres  had  been  to  conclude  a  treaty  with  General 
Elio,  by  which  it  was  agreed,  on  the  one  part, 
that  the  troops  should  be  withdrawn  from  tha 
siege  of  Montevideo,  and  that  that  place,  including 
the  eastern  side  of  the  river  La  Plata,  should  re- 
main under  the  Spanish  authorities;  on  the  other 
ert,  that  the  trade  of  Buenos  Ayres  should  not 
molested,  and  that  the  Portuguese  forces  should 
retire  to  their  own  Nfrontier.  On  the  part  of 
Buenos  Ayres,  the  conditions  of  this  treaty  were 
faithfully  executed,  and  the  territory  of  the  east- 
ern shore  was  immediately  evacuated  by  their 
Uoops;  General  Elio^  who  had  discovered  the 
intentions  of  the  Court  of  Brazil,  had  been  in** 
duced  to  conclude  this  treaty  from  fear  of  an 
dangerous  an  ally;  but  the  commander  of  tha 
Portuguese  army,  who  had  been  made  a  party  in 
the  treaty  without  being  consulted,  declared  that 
he  could  not  act  until  he  received  instructions 
from  his  Court,  and  prooseded  to  fortify  hitaeeir 
in  Maldooado.  Having  failed  in  his  attempt  to 
obtain  possession  of  Montevideo,  without  iRnilab 
it  was  impossible  to  retain  any  part  of  the  eastern 
shore,  the  Portuguese  Court  sent  an  agent  to  Boa- 
nos  Ayres,  and  concluded  an  armistice  with  that 
Government;  in  consequence  of  which,  their 
troops  evacuated  the  territory  of  La  Plata. 

The  p^ple  of  the  eastern  shore,  who  dreaded 
the  vengeance  of  the  royalists,  to  which  ihmjf 
had  been  shamefully  abandoned,  deserted  their 
homes,  drove  off  their  cattle,  and  followed  Aeti- 
gas,  their  favorite  leader,  to  the  other  side  of  tha 
Aragoay. 

Shortly  after  the  return  of  the  army  from 
Montevideo,  an  unsuccessful  atteinpt  was  made, 
by  the  regiment  of  patricians,  to  effect  a  revolu- 
tion, and  to  re-establish  their  former  colonel  the 

*  Chicana,  Ssrratas,  and  Passes,  were  the  members 
chosen  upon  this  oeoasion.  The  secretaries  of  this 
Junta  were  Bivadavia  and  Peves. 


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APERNDIX. 


Qmdition  of  South  America, 


first  president  of  the  Junta.  Although  abandoned 
in  the  moment  of  execution  by  the  officers  who 
bad  excited  the  revolt,  thejr  were  not  reduced 
until  after  a  bloody  conflict. 

As  soon  as  it  was  known  in  Spain  that  Gener- 
al Blio  had  concluded  a  treaty  with  Buenos  Ay- 
res,  he  was  recalled ;  and  his  successor,  General 
Tegodet,  who  arrived  with  reinforcements,  re- 
commenced hostilities  against  the  revolutionary 
Qovernment.  The  command  of  the  army  of 
Buenos  Ayres  was  intrusted  to  a  member,  Don 
lianael  Sarratea,  of  the  executive,  who  crossed 
the  river  at  Santa  Fe,  and  again  invested  Mon- 
tevideo. 

A  Government  so  constituted  as  that  of  Bue- 
nos Ayres,  without  restrictions  and  without  re- 
spoDsibilitv,  could  not  long  command  the  confi- 
deoce  of  the  people,  or  exist  in  harmony. 

The  citizens  were  oppressed,  and  the  rulers 
were  entirely  taken  up  with  their  own  private 
attHDosities  and  disputes.  These  dissensions,  as 
oeuml,  soon  extended  their  effects  to  the  armies 
More  Montevideo.  The  inhabitants  of  the  east- 
em  shore  separated  their  forces  from  those  of 
Buenos  Ayres,  and  the  latter  caballed  against 
tkeir  commander-in-chief,  dismissed  him,  and  ap- 
pointed one  of  their  own  choice.  The  Europe- 
ans saw,  in  these  disorders,  a  favorable  opporto^ 
nky  to  effect  a  eounter-revolotion.  A  plan  was 
fernied  to  obtain  the  watchword  by  surprising  the 
patrols,  to  seize  on  the  barracks,  and,  favored  by 
a  descent  from  the  squadron  of  Montevideo,  to 
get  possession  of  the  city. 

This  conspiracy  was  discovered  on  the  eve  of 
hs  execution,  and  thirty  of  the  principal  conspi- 
rators were  tried  and  executed. 

In  October,  1812,  deputies  arrived  from  the  in- 
terior provinces  to  form  a  Congress  at  Buenos 
A]rres;  but  differences  arising  between  them  and 
tiie  Bxecuiive,  the  Assembly  was  dissolved  on 
tlieir  first  session. 

The  remains  of  the  army  of  Peru  had  retired 
before  the  victorious  troops  of  Lima,  until  the 
want  of  means  to  continue  their  retreat  forced 
them  to  make  a  stand  at  Tacuman.  On  the 
94th  September,  1813,  an  obstinate  engagement 
took  plac^  which,  from  the  active  oo-operation  of 
the  inhabitants  of  Tucuman.  ended  in  the  total 
defent  of  the  royalists. 

Owing  to  the  dissensions  of  the  Government, 
the  army  of  Peru  was  left  without  the  means  of 
advancing,  and  could  not  profit  by  their  suoeess. 
The  discontent  became  general,  and  the  party 
o|ipOBed  to  the  Government  seized  the  opporta- 
mnr  to  effect  a  revolution. 

The  military,  so  often  the  instrument  of  ftc- 
tioD,  again  lent  their  aid,  and  a  new  Execaiire 
was  appointed  by  a  cabildo  abiento,  or  town 
meeting.  Succors  were  at  length  sent  to  the 
army  of  Peru,  which  enabled  General  Belgrano 
to  advance  and  attack  the  royalists  at  Salta.  In 
this  action,  fought  in  February,  1813,  the  Span- 
iards were  defeated  with  ^reat  loss;  and  Bel- 
granoi  following  up  his  victory,  took  Salta  by 
Msault,  and  captured  General  Tristan,  with  the 
remains  of  the  royal  army.    The  prisoners  were 


released  on  their  parole,  whkh  tbef  immediatdy 
violated,  and  were  again  incorporated  into  Uwe 
army  of  Goyeneche.  This  General  had  eom- 
manded  the  royal  army  in  Peru  since  the  memo- 
rable invasion  of  La  Paz ;  but  being  forced  to 
evacuate  the  territory  of  Buenos  Ayres,  by  the 
approach  of  the  victorious  amy  of  Belgrano,  he 
was  recalled  by  the  Viceroy  of  Lima. 

The  Viceroy alty  of  La  Plata  was  again  ft^d 
from  enemies,  and  the  deputies  from  the  provfooea 
and  towns  once  more  assembled  at  Bneoos  Ayresk 
They  assumed  the  title  of  the  Soi^ereign  Asseoi- 
bly,  and  conferred  that  of  supreme  execmifW 
power  upon  the  former  superior  GovemmenCi 
which  was  composed  of  three  penons.*  Thtrf 
declared  the  sole  right  of  making  laws  fo  m 
vested  in  the  Assembly^  and  the  Bxeentive  to  he 
responsible  to  them  fbr  its  nets. 

One  of  the  first  decrees  of  the  Bottmlgn  Aa* 
serably  manumitted  the  oftprin^of  stevea  hot« 
after  February,  1813,  aad  emtneipated  nil  alaven 
that  might  be  brought  into  the  tetritatf  of  tM 
Plata  after  that  period. 

The  slaveholders  were  t«Ued  ifepon  for  er#ry 
third  slave,  which  were  eotoUtd  in  the  t^rmf  m 
the  republic.  On  this  ocensidii  many  of  the  lir- 
habitants  voluntarily  mnaniniued  tbok  ilnteiH 
upon  condition  of  their  serving  during:  tfhfe  wnr; 
and  two  regimen^  called  libmi,  wore  formed  M 
them  ;  tfaey  are  officered  by  v^hiles. 

Commissioners  were  sent  hy  the  AsMflfhIf  loce 
Upper  Peru,  to  examine  into  and  report  oi  ihe 
state  of  those  provinces  and  of  the  army. 

Towards  the  close  of  the  yeaFT  1819  the  anna  ef 
Buenos  Ayres  met  with  serious  reverses.  The 
General  of  their  forces  in  Upper  Fern  was  in« 
duced,  by  false  intelligence,  to  attack  the  army  of 
Lima,  although  advantageously  posted  at  Vifoa- 
pugio,  and  was  defeated  with  the  (ess  of  aH  hit 
artillery.  Being  pursued  by  tbe  enemyf  aa4 
eager  to  repair  his  losses,  he  ri^ed  a  second  en- 
gagement at  Ayuma,  under  the  moat  uafaronble 
circumstances,  in  which  he  wns  again  defeoMtf, 
and  forced  to  retire  below  Sake,  with  the  reiiMtilf 
of  bis  army. 

The  garrison  of  Monterideo  had  reotfited  enp- 
plies  and  reinforeemeou  firom  Spain }  and,  m- 
though  fhey  had  been  defeaeed  In  a  aortiengahM 
the  besieging  army,  it  was  apprehended  that  Of 
junction  might  he  effected  at  Sanie  Fe  o/«iMf 
victorioos  armjr  of  Lima  with  the  dfiapoaalto 
force  in  Monterideo.  The  foynl  aoocdren  iMf^ 
ing  the  command  of  the  rirer  La  Pkta  tcaidevii 
this  morement  r^y  praeticahle. 

The  party  in  power  aei2ed  thia  oppOMmity  fe 
strengthen  the  Government.  They  repreaentei 
to  the  Assembly  that  an  exee«tire  of  three  pee* 
sons  could  not  exert  the  energy  and  despiiteh 
called  for  by  the  preaent  periions  situation  cSf  the 
State,  and  proposed  to  rest  the  nucherity  In  etie 
person. 

This  proposal  was  warmly  disetisaed  in  the 
Assembly }  but  tbe  military  declaring  in  Arof 
of  the  change,  a  Supreme  Director  was  appoiaML 


•Pena,  P«rB%  and  Alvarte^  joiB0y. 

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aaift 


ComHiiion  Iff  SamK  Jhmm^- 


Tb«  Asfemblf  was  prortgaed  doriBg  \hm  pltasuie 
of  tke  Diracior  ;  tftd  a  ooua^  of  set ea,  ealle4 
ilia  PeEmaaeat  Couocii  of  Uie  Sovtrtiga  Aatea- 
bly,  was  chosen  to  assist  him. 

The  general  who  had  oonunanded  in  Peru  was 
superseded,  aad  orders  were  given  to  hissaooessor 
to  eoUect  the  scatiered  remaioaol  ibat  army, 
aAd  to  fortifjr  himself  in  Taeomao,  whilst  thejr 
4eceimiaed  to  direct  their  whole  foiee  against 
Monter ideo.  Aware  of  the  importaaco  Attached 
h|r  Graat  Britain  to  the  trade  of  these  colonies, 
aad  expecting  to  derive  great  advantages  from 
opposing  the  comnufcial  spirit  of  that  nation  to 
the  jealous  colonial  policy  of  Spain,  thev  seat  an 
ageai*  to  London;  and  even  willing,  at  that  time, 
lo  sMora  the  fitvorable  mediation  <m  the  Baalish 
Court  hy  granting  any  privileges,  they  are  said  to 
have  instrueied  their  agent  to  declare  that  Baeaos 
A|i)es  would  laUMff  he  goveraed  by  a  foreign 
piinae  than  submit  uaeondittonaliy  to  Spaiu. 

The  same  policy  induced  them  to  yield  to  the 
solicitations  of  the  Bnglish  Minister  at  Rio  de  Ja* 
ueifo,  who  was  desirous  of  a^jusliag  the  diffeionces 
heiween  Boeoos  Ayres  aad  Montevideo,  and  had 
expressed  a  wish  thst  the  former  should  aekaow* 
lodge  the  rageaey  of  Spaiu,  aoeept  the  eaastitu- 
tioO)  and  send  deputies  to  the  Cortes.  Qommisp 
sioaeia  were  sent  with  pcoposals  to  Moatevideo; 
hot  the  viceroy,  who  now  oontemplated  the  ap- 
ptoaehiog  fall  of  Buenos  Ayres,  and  oonsiderai 
this  measure  as  a  proof  of  their  woakaess,  re- 
fused to  receive  or  treat  with  them.  This  result 
bad  been  foreseen  by  the  Qoveraroent,  and  great 
ozertions  had  been  made  to  £t  out  a  squadron, 
which  might  give  them  the  command  of  the 
river ;  some  stout  merchant  vessels  had  been  pur- 
chased, which  were  armed  (Vom  the  batteries  of 
Buenos  Ayres  and  Eosenada,  and  maaned  by  for- 
eigiMffs ;  aad  this  fleet,  immediately  oa  the  return 
of  tha  Qommissioners,  appeared  off  Moatevideo. 
This  measure  did  aot  excite  much  aUurm  in  that 
plaoe ;  it  was  supposed  that  armed  metehantmen 
wonhi  prove  an  easy  conquest  to  aatioaal  ships, 
and  a  squsdroo  was  immediately  despatched  to 
aftladh  and  destroy  them. 

The  eareat  did  aot  justify  this  opioioa  of  their 
sB^periQrity.  To  their  astonishaaeaf,  and  dismay 
of  tha  gasrisoa  of  Moatevideo,  who  witoe^sod 
the  action,  the  national  squadron  was  entirely 
defeated;  two  oaly  escaped  into  port,  aad  the  re- 
Bsaiodar  fell  iuio  the  hands  of  tht  patriots.  The 
viceroy,  finding  himself  pressed  by  superior  forces, 
both  by  kmd  and  water,  now  coadesceaded  to 
apiieit  a  peace,  whioh  ho  had  bat  a  few  days  bo- 
fbffo  r^yaeiod  with  ooatempt;  but  the  Ctovorn- 
aaaat  of  Bueaoe  Ayres  ffatafaated  his  condact  to* 
wards  them,  aad  refused  to  receive  his  ooaunis- 
sioners,  or  to  open  his  despatches.  He  was  soon 
after  reduoed  to  the  aeoessity  of  treatiag  with 
the  geaeralt  of  the  besieging  army. 

It  was  agreed  that  the  Qoveromeat  of  Buonoa 
Ayres  should  achoowledge  the  regency,  aad  scad 
deputies  to  Spaia.  The  town  of  Montevideo 
vras  to  be  given  up ;  the  garrison  to  be  sent  to 


•Dealfaauel 


fBoa  Carlos  Alvaar. 


Spain;  two  thousand  men  to  march  out  with 
their  arms,  field-pieces,  and  ammunition,  aad  to 
be  eaeamped  until  the  conditions  were  carsied 
into  execution. 

Whilst  this  treaty  was  pending,  disputes  avoaa 
between  the  troops  of  the  garrison  and  the  asmed 
citizens,  who  were  violently  opposed  to  t,he  eapil- 
ulatioa. 

The  vioero)r,  findii^  it  impossible  tp  suppseas 
these  commotions,  which  threatened  the  des^roo^ 
tioa  of  all  parties,  ordered  the  gates  to  be  Ihsow^a 
open,  and  admitted  the  army  of  Buenoq  Ayreiu 
The  two  thousand  men  were  permitted  to  mftsoh 
out  with  the  honors  of  war;  aad  it  was  u  4rst 
supposed  that  the  articles  of  the  oapilulatioA 
would  he  adbece4  to.  They  were  aaaa  «qdo^ 
eeived.  The  general  of  the  besieging  army  pah* 
lished  a  prodi^matioo,  in  which  he  decWjred  Muiti 
having  entered  the  town  before  the  oapitulatiom 
had  been  signed  by  either  party,  apposed  to  a 
rut  de  guerre,  and  to  the  risk  of  being  attachadt 
ha  Qoasidered  Moa^yidao  to  have  heea  saiffn- 
daiad  at  disoretioa  to  the  anas  of  Bueaos  Afraid 
The  viceroy  was  furnished  with  a  vassal  to  eavrf 
him  10  Spam;  hut  the  gasrisoa,  coasistiag  of  ai« 
thousand  man,  were  aaat  prisouem  of  war  tu 
Buenos  Ayres.  The  persona  aad  prQper4y  of  tha 
inhabitaivts  iprere  respected* 

To  the  honor  of  Buenos  Ayres,  they  hAvauaed 
theii  victories  with  moderatiop,  notwilhstaadiag 
the  irritation  which  esiisted  betwoea  tberoyaliata 
and  ths  patriots,  and  that  the  former  have  fro- 
quentlv  disgraced  themselves  by  n»ssaerea  in 
cold  blood,  and  by  the  barbarous  treatment  of 
their  priioners.  The  troops  of  Buenos  Ayiaa 
have  nevei  sullied  their  arms  by  these  sai^r(>iit« 
ary  measures,  not  evea  in  retaliation. 

Montevideo  had  been  defended  with  the  utmost 
obstinacy  for  aaar ly  four  yea^n^  and  not  less  thaa 
seven  thousand  penoos  perished  during  theaiag% 
principally  by  famine  aad  disease.  The  vietocs 
acquired  seven  thousand  staads  of  arms^  fivo  hun- 
dred pieces  of  artillery,  and  a  profusion  of  war* 
like  stores.  An  amicable  arrangesaeot  was  undo 
with  tda  iahabiuau  of  the  eastern  shore,  aad  <ho 
uoops  were  withdrawn  in  order  to  raiaforaa  tha 
army  of  Peru.  It  had  hoea  determined  to  do* 
auoy  tha  fortiftcations  of  Montevideo,  whiah  ana 
formidable,  from  the  place  beings  siiuatod  oa  a 
vary  narrow  paalnsuU*  It  may  be  ooaaideffed 
the  key  of  the  river  La  Plata,  aad,  ooasequeatJ^^ 
of  the  whole  Vioeroyalty ;  and  once  ia  the  aoa* 
session  of  an  ^oamFt  particularly  of  a  maritunie 
Power,  they  could  aot  expeet  to  wreat  it  froaa 
them,  nor  could  they  defend  it  loag  agaiast  a 
regular  force.  < 

Moreover,  in  the  presaot  unsettled  state  of  tha 
country,  it  would  prove  a  powerful  engine  of  fao* 
tion,  and  the  military  Qovernor  of  Montevidao 
might  dictate  to  the  Gbvernment  of  Buenos  Ayras^ 
or  involve  the  country  in  a  civil  war.  The  artil- 
lery and  stores  were  to  have  been  moved  to  Tu- 
cuman,  to  which  point  the  armies  might  reueat 
in  the  event  of  a  formidable  and  irresistible  inva-^ 
sion  obliging  them  to  abandon  tha  coast* 
The  Limanean  army,  which  had  advaneed  as 


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APFINDIX. 


sdii 


ChnMkm  if  Somih  Amenea. 


fkr  fts  Stlta,  on  feceirinf  intelliflrvi^e  of  the  fall 
of  Montevideo,  retired  precipitately  upon  Potosi. 
The  commanders  of  that  army,  led  on  by  the 
hope  of  forming  a  junction  with  the  troops  of 
MonteTideo,  and  of  investing  Baenos  Ayres,  in 
f«ro  instances  abandoned  the  strong  positions  of 
Ornro  and  Potosi,  which  secured  to  them  the 
possession  of  Peru,  and  advanced  towards  the 
plaint  of  Tocnman.  The  first  had  weakened  his 
army  by  leaving  garrisons  in  the  towns,  and  par- 
tionlarly  in  Orepera  de  Cocbabamba,  the  capital 
of  the  most  fertile  and  populous  of  the  interior 
provinces. 

The  present  commander,  to  avoid  this  fault  of 
lH8_predeee8sor,  to  which  he  attributed  his  defeat 
in  Tucuman,  left  his  rear  and  flank  unprotected, 
and  exposed  to  the  attacks  of  the  Indians  and 
cavalry  of  Cocbabamba,  which  harassed  his  re- 
tfeat.  The  revolution  of  Chili  partook,  in  some 
degree,  of  the  distinctions  which  mark  the  char- 
acter of  that  people. 

The  Creoles  ot  that  kingdom  saw  and  rejoiced 
in  the  success  of  Buenos  Ayres.  They  wished 
to  follow  what  they  considered  a  noble  example, 
but  were  restrained  by  their  natural  timidity, 
when  the  Captain  General,  on  some  slight  de- 
nunciation, arrested  three  of  the^ principal  inhabt- 
tants  of  Santiago— Ovalle,  Rozas,  and  Vera. 

Ovalle  and  Roxas  were  sent  to  Lima ;  but  Vera, 
a  native  of  Santa  Pe.  in  the  Viceroyaliy  of  Boe- 
BOf  Ayres,  feigned  himself  sick,  and  from  the 
castle  of  Valparaiso,  where  he  was  confined,  in- 
cited the  Chilians  to  reclaim  their  countrymen, 
and  to  protest  against  this  act  of  oppression, 
which  he  represented  as  the  prelude  to  a  general 
persecution  of  the  Creoles.  He  excited  their  fears 
to  such  a  degree  that  they  gathered  courage  from 
despair,  and  addressed  a  strong  remonstrance  to 
the  Captain  General,  which  alarmed  him,  and 
induced  him  to  recall  those  gentlemen,  whom  he 
had  accused  of  treasonable  practices,  and  of  form- 
ing plans  to  separate  the  colonies  from  the  mother 
country. 

These  acts  of  weakness  on  the  one  part,  and 
of  firmness  on  the  other,  decided  the  revolution. 
Bncouraged  by  their  success,  the  people  declared 
themselves  openly  $  in  the  hopes  of  freedom,  even 
family  feuds  were  forgotten  ;  all  the  Creoles  of 
distinction  in  Santiago  united,  deposed  the  cap- 
tain general,  and  instituted  a  Provisional  Oov- 
emmenL  which  acknowledffed  and  acted  in  the 
name  of^the  authorities  of  Spain. 

They  soon,  however,  assumed  a  bolder  tone, 
and  a  Congress  was  assemUed,  which  go ?erned 
in  the  name  and  behalf^of  Ferdinand  Vfl. 

On  the  1st  of  April,  1811,  the  day  appointed 
for  the  election  of  the  members  for  the  capital, 
an  attempt  was  made  by  some  Europeans  to  re- 
store the  ancient  GK>verhment;  an  engagement 
took  place  in  the  principal  square,  which  ended 
in  the  total  defeat  of  the  royalists.  The  captain 
l^eneral  and  the  royal  audience  were  implicated 
m  this  conspiracy,  and,  in  consequence,  were 
banished  the  kingdom,  and  retired  to  Lima. 

In  the  Congress,  party  spirit  soon  mingled 
with  all  their  debates ;  the  provinces  of  Concep- 


tion eomplainei  that  tbej  were  not  fiurly  repi»> 
sented,  and  the  aflbirs  ot  the  GoTernment  wot 
neglected,  in  the  animosities  and  mutual  aceoaa- 
tions  of  the  members. 

The  command  of  the  artillery  was  in  the  hands 
of  a  European,  who  was  supposed  to  be  a  parttna 
of  the  Princes  Charlotte  of  Brazil.  The  ereelca 
dreaded  the  power  and  influence  of  this  man,  and 
the  three  brothers  Carrera  resolved  to  make  as 
effort  to  wrest  from  him  this  important  eommaod. 
The  eldest,  who  was  a  major  io  the  rsgimeat 
of  grenadiers,  had  distinguished  himself  on  the 
1st  of  April,  and  was  a  great  favorite  with  the 
soldiery. 

They  chose  the  hour  of  the  aieeu  for  the  attack, 
and,  at  the  head  of  sixty  grenadiers,  inrpiiaed 
the  artillery  barracks,  and  seized  the  eommaider* 
After  this  action,  some  reform  was  made  in 
the  representation,  and  the  Congress  commenced 
business  by  inviting  all  who  were  inimical  to 
the  present  order  of  things  to  retire  from  the 
kingdom. 

They  rendered  the  clergy  inimical  to  the  cause 
of  independenee,  by  forbidding  them  to  reeeive 
any  money  from  their  parishioners  for  the  per« 
formaoee  of  their  clerical  duties,  assignins  a 
moderate  salary  to  the  curates  in  lieu  of  fott. 
They  passed  an  act  manumitting  the  future  <^ 
spring  of  slaves,  and  declared  that  all  slavaa 
brought  into  Chili  after  that  period  should  re- 
ceive their  freedom,  after  a  restdeneeof  six  months. 
They  opened  the  ports  to  commerce,  and  publish- 
ed commercial  regulations. 

The  places  of  the  alcaldes  (members  of  the 
Cabildo)  were,  by  the  laws  of  Spain,  sold  to  the 
higheat  bidder.  They  were  now  made  deetive. 
The  first  JunU,  or  Executive  of  Chili,  was  com- 
posed of  seven  members.  The  struggle  for  power 
between  the  family  of  the  Carreras  and  that  of 
the  Larrains  commenced  at  that  period,  after  the 
sttcoessfui  attack  on  the  artillery  barraciks.  The 
eldest  brother  was  promoted  to  the  oolonelcf  of 
the  grenadiers,  and  the  youngest  to  that  of  the 
artillery ',  from  the  barracks  oi  these  officers  a 
remonstrance  was  addressed  to  the  Coogreaa. 
which  induced  that  body  to  depose  a  Junta  of 
seven,  and  to  appoint  an  Kxeoutive  of  five.  Joa& 
Miguel  Carrera  entered  into  the  GoTerament  oa 
this  occasion* 

This  Junta  did  not  long  endure  the  control  ef 
a  legislative  body;  and  the  Congress  was  4m^ 
solved  oa  the  2d  of  December,  1611.  Some  of 
the  members  of  the  Bzecative  resigned  on  thia 
occasion,  and  a  new  JunU  was  formal,  consistiaa 
of  three  persons,  J.  M.  Carrera,  J.  PortaAee,  and 
J.  N.  Cerda.  The  members  from  the  southern 
proviaees  protested  loudly  against  this  flagrant 
breach  of  the  privileges  of  the  people;  and, 
upon  their  arrival  in  Conception,  excited  their 
constituents  to  oppose  the  Executive  of  San tiago, 
and  to  take  up  arms  in  defence  of  their  rights. 

Forces  were  collected  on  both  sides,  and  were 
marched  to  the  banks  of  the  river  Maule,  which 
separates  Santiago  from  Conception.  Both  par- 
ties, bower er,  preferred  negotiation  and  intngue 
to  biewif.    They  retired  without  coming  to  ac- 


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SS18 


APPEBTDIX. 


2SU 


Cbndiiiom  rf  8<nah  America. 


tioDf  and  Coneeptioa,  being  destitate  of  rcsonreei, 
was  shortly  after  forced  to  tubmit  to  the  caoiul. 
Some  attempts  haying  been  made  by  the  colonel 
of  grenadiers  to  awe  the  Executiye  mto  his  mea- 
sures, Jos6  Miguel  Carrera  resigned  his  office  in 
the  Junta,  and  his  father  was  nominated  to  sup- 
ply his  place.  The  brothers  were  soon  after  re- 
conciled ;  a  constitution  was  framed,  and  ofiered 
to  the  people  for  their  acceptance,  and,  haTiag 
been  signed  bf  the  military,  the  Cabildo.  and  aU 
the  respectable  inhabitants,  was  adopted  bv  the 
Government.  The  father  resigned,  and  J.  M. 
Carrera  was  reinstated  in  the  Junta.  A  Senate 
was  elected,  according  to  a  provision  of  the  con- 
stitution, and  assembled  in  Noyember,  1812.  The 
first  Junta  established  in  Chili  had  been  acknowl- 
ledged  by  the  regency ;  and  the  supply  of  grain 
was  so  necessary  to  the  Yiceroyalty  of  Lama, 
that  the  intercourse  between  these  countries  had 
not  been  interrupted  by  the  late  changes  of  Qoy- 
ernment.  But  tne  dissensions  which  existed  be- 
tween the  provinces  of  Santiago  and  Conception 
enabled  the  yiceroyalty  to  carry  into  execution  a 
plan  for  the  conquest  of  the  latter. 

The  garrisons  of  Valdivia  and  of  San  Carlos 
de  Chiloe  were  landed  in  the  bay  of  San  Vicente, 
and  thence  marched  to  Talcahuana.  That  post 
was  deliyered  up  to  them  by  some  European 
officers  in  the  service  of  Chili,  and  the  town  of 
Conception  was  afterwards  taken  without  oppo- 
aition.  The  royal  forces  were  joined  by  several 
regiments  of  militia  cavalry,  and  they  soon  occu- 
pied the  whole  of  the  province. 

The  greatest  exertions  were  made  in  Santiago 
to  repel  this  invasion;  the  three  brothers  Car- 
rera put  themselves  at  the  head  of  the  forces,  and 
the  armies  met  on  the  banks  of  the  Maule. 

A  body  of  five  hundred  men  crossed  the  broad 
and  rapid  river  Aiaule  in  the  night,  and  surprised 
Che  camp  of  the  royalists  at  Yerbas  Buenas. 
This  action  deterred  them  from  crossing  the  river 
in  front  of  such  an  enemy,  and  being  baffled  in 
an  attempt  to  turn  the  flank  of  the  ^triot  army, 
they  retired  towards  Conception.  The  Chilians 
crossed  the  river,  and  overtook  the  royal  forces 
at  San  Carlos  i  an  obstinate  engagement  ensued, 
in  which  both  parties  claimed  the  victory.  The 
royal  army  crossed  the  river  Nuble  at  the  dawn 
of  day,  aad  retired  to  Chilian.  J.  M«  Carrera, 
leaving  his  brother  at  the  head  of  the  main  body^ 
moved  with  a  detachment  towards  Conception. 
The  garrison  of  that  place  retreated  to  Talca- 
huana, and  that  post  was  immediately  attacked 
and  uken  by  assault.  The  army  then  laid  siege 
to  Chilian,  which  the  royalists  bad  strongly  for- 
tified. After  spending  a  month  before  this  place, 
the  continued  rains  of  the  winter  obliged  the 
patriots  to  retire. 

The  Executive  Junta  established  themselves 
ahortly  after  at  Talea  ^  from  thence  thev  issued 
a  decree  new  modelling  the  army.  The][^  de- 
prived Carrera  of  the  command,  and  appointed 
Don  Bernardo  CHigsins  generai-iu-chiet.  The 
three  brothers  immediately  withdrew  from  the 
Army ;  the  two  youngest  were  taken  prisoners  by 


the  royalists  as  they  were  returning  to  Santiago » 
and  were  conducted  to  Chilian. 

The  royal  forces  now  marched  towards  Santi- 
ago, crossed  the  Maule.  and  occupied  Talca. 
The  Chilians  followed  them  by  rapid  marches, 
and,  crossing  the  Maule  lower  down  the  river, 
took  a  position  to  protect  the  capital.  Thb  state 
of  things  called  for  a  more  energetic  G^overn- 
ment ;  and,  on  the  return  of  the  Executive  to 
Santiago,  the  Junta  was  dissolved,  and  a  Su- 
preme Director  appointed. 

The  royal  forces  continued  to  advanceL  when 
Captain  Hilivar,  the  commander  of  the  British 
squadron  in  the  Pacific,  proffered  his  mediation. 
As  it  appeared  that  he  was  authorized  by  the 
Viceroy  of  Lima,  his  proposals  were  accepted  by 
both  parties. 

It  was  agreed  that  the  royal  forces  should  evac- 
uate the  Urritory  of  Chili  within  two  months^ 
and  that  the  Qovemment  of  ChiU  should  ae- 
knowledge  the  regency  and  Cortes^  and  sand 
deputies  to  Spain  to  learn  the  decision  of  the  * 
mother  country,  to  which  they  agreed  Uy  submit. 
This  treaty  was  signed  on  the  5th  May,  1814^ 
and  hostages  exchanged  by  the  contracting  par- 
ties. Both  parties  were  dissatisfied  with  this 
arrangement.  The  Carreras,  who  had  been  ex- 
cluded from  the  general  amnesty  and  mntiial 
liberation  of  prisoners  agreed  upon  bv  the  treaty, 
escaped  from  their  confinement  at  Cnillan.  The 
youoj^est  brother,  Don  Luis,  upon  his  return  to 
Santiago,  was  seized  and  imprisoned  by  the  Qov- 
emment ;  and  Don  J.  M.  Carrera,  after  escaping 
the  same  fate,  entered  the  capital  at  the  head  of 
some  of  his  partisans.  The  troops  received  him 
with  enthusiasm;  the  Supreme  Director  was 
deposed,  and  a  Junta  of  three  established. 

General  O'Higgins  determined  to  enforce  the 
execution  of  the  treaty,  and  marched  towards  the 
capital.  The  armies  met  on  the  plains  of  Maipo, 
and  an  action  was  fought,  which  terminated  in 
favor  of  the  forces  of  the  Junta.  The  coatinna- 
tion  of  this  civil  war  was  prevented  by  the  un- 
expected news  of  the  arrival  of  reinfoicements 
from  Lima,  and  the  refusal  of  the  viceroy  to 
ratify  the  treaty.  This  intelligence  united  the 
armies  of  Chili,  and  they  marched  Mainst  the 
common  enemy.  The  royalists  had  advanced  to 
the  river  Cachapoal,  which  separates  the  pror- 
inee  of  Rancasua  from  San  Fernando. 

General  O'Higgins  fortified  himself  at  Ran- 
cagua,  but  was  surprised  by  the  royalists^  and  his 
forces  totally  routed.  This  decisive^action  com- 
pelled the  patriots  to  evacuate  the'  territory  of 
Chili.  They  passed  the  Cordilleras,  and  took 
refuge  in  the  province  of  Mendoza. 

In  this  state  of  afiairs,  intelligence  of  the  resto- 
ration of  Ferdinand  VU  reached  Soath  America. 
The  Gbvemment  of  Buenos  Ayres.  notwithstand- 
ing they  had  changed  the  national  flag  and  cock- 
ade, and  had  coined  money  with  the  arms  of  tlie 
Republic,  had  always  issued  their  decrees  in  the 
name  of  Ferdinand  Vll.  It  was  resolved,  there- 
fore, to  send  a  deputy  to  Spain  to  profier  their 
allegiance,  on  conditions  which  would  secure 
them  in  the  free  exercise  and  enjoyment  of  their 


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xpipnrDix. 


S^S 


Mkii,  tfid  Mp^  Were  «nter(«ftied  t&tt  t&e  pres] 
eDt  administration  #oitld  vdopt  a  eofreiitatory  ' 
p(Akj  towards  the  eoloniw,  m  opposition  to  the. 
ttoMt  itteasores  lof  the  i-egency.  These  hopes 
W«re  disappointed,  aod  tlieir  aj^eiit  retariied  to 
BliMidv  Aytes  without  effecttDg  his  object. 

Tbecftptafe  6(  Montevideo  had  pwt  into  their 
Mads  4  tituahle  ahnameht  and  abundant  War-j 
like  ife/res;  lind  the  ships,  Whieh  had  eohtribated! 
iomnterially  to  their  snccesi,  Wete  now  employed' 
to  harass  the  commerce  of  Bpiin.  Some  of  thei¥ 
erai^ers  doubled  Oape  Horn,  while  others  bro- 
eee^i  to  inrereept  the  retarti  of  9]^iinlEih  shl^ 
dffthepo^toirOdit. 

Doh  Oarkto  Alvear,  who  httd  eeiAiMmded  the 
forces  of  Bnends  Ayres  at  the  cat>ittitttron  of 
Monteyideo,  ambitions  to  conclude  the  war  in 
Pern,  indaced  the  Sapreme  Director  to  appoint 
kitt  f  eneral-ia-chief  of  that  army,  and  left  Bne- 
lios  Ayres  at  the  head  of  a  large  reinfbrcement.. 
^n  the  road  he  was  met  by  the  unpleasant  Intel- 
Mgence  ihk^  the  ofllcen  and  troops  Yefisfsed  to 
reei^e  hitai  as  thek  eomtoander,  and  he  returned 
With  his  fbrees  to  Buenos  Ayres.  The  Sopretoie 
Ditettor  Wtts  glad  to  resign  hik  tHle  to  one  Who 
Imd  for  soilie  time  ejrercised  the  cluef  nnihority. 
Altear  wsis^  in  eobsequence,  proclaimed  BopreTtve 
DiMeior  In  Bnenets  Ayres  $4)01  not  being  HC- 
knoWled^ed  in  the  proirfnc^,  or  by  the  artay  of 
PerU)  the  -greatest  conlbeidn  pretailed  la  the 
8t«ew  ^ 

AlVer  the  congest  of  Sffont«ytday,tbe  Qo^i^eth-l 
inetit  of  Baenos  Ayres  eontcluded  a  treaty  with 
Artigts )  but,  upon  their  afterwards  sendiirg  him 
a  oonmiMidn^  ht  returned  it,  telllhg  thetn  that 
lie  deafred  his  auithorlty  froto  the  firee  election  of 
the  people  of  the  eastern  aihore ;  that  the  inhabit-^ 
ants  nf  that  province  were  Willift^  to  be  the 
Mlliek,  but  Would  never  ^uhttiit  to  be  the  vMsals 
^Btienos  Ayres. 

iThe  troops  whicli  Wer^vent  ti>  Vetfoee  hid&  to 
Miction  not  only  failed  in  their  object,  but 
were  forced  to  abandon  Montevidei^.  Artigas,: 
<^r  dviring  the  forces  of  Boenoe  Ayres  from 
^e  eastern  shore,  crossed  the  Parana,  nnd  look 
pdssesferion  of  Santa  fe.  Two  thousand  'men' 
'W^re'deepatdied  to  recover  this  Importsnt  post^j 
%iH  the  ofieers  came  to  an  understati^i^  With! 
iLfClgas,  «nd  turtied  their  anas  agaii^t  the  Su-- 
preme  Director.  Under  these  cirenmstnnces,  and! 
Khreatened  by  a  revolt  of  the  ^riiens,  ArVear 
W4tMrew  hie  forces  frota  Bnends  Ayres,  ati^^h-^ 
tMtiiM  at  a  short  distance  froim  the  city.  A 
foWn  iheetiDg  Was  ftnmediately  assembled,  which 
(^osed  both  the  Snpreme  Director  and  the  Sot- 
ereign  Assembly,  and  vested  the  authority  In  the 
€mldo.  Tht  city  Wits  plafced  in  a  state  of  de- 
fthee,  but  Alvear,  af^  some  threats,  resigned  hia 
ecwima^d,  and,  with  his  family,  took  r^ge  on! 
Ward  a  Biitish  fr^nie  th«a  atationed  im  tfhe 
irtver. 

The  CKbildo  then  a^poiintM  a  JonU^f  Obae^- 
irvtiOD^fablMed  a  new  cbastitvtic^,  ^d  elected, 
wMideao,  Oie  general  of  the  araty  of  Pern,  Su-i 


prerae  Director.  Thie  nlHoer,  i9t6  had  fonaerty 
refused  x<t  tekigH  his  command  to  Alvear,  pre- 
ferred remaining ei  the  heafd  of  the  army,  and  a 
Supreme  Director  pr^  Pmpot^  was  nominated, 
until  he  should  think  proper  to  assume  his  com- 
mand. Another  atteinpt  was  tnade  to  dispossess 
Artigas  of  Santa  Fe,  but  the  troops  of  Boeaoa 
Ayres  were  defieated  wfth  great  Ibss.  Oeheral 
Pezoela,  who  had  fortified  himself  in  Otnro,  har^ 
Ing  received  reinforcements  from  Lima,  attacked 
the  (trmy  tH  Fern  on  the  tM  of  November,  1815, 
at  Sipfalpi,  and,  aAer  an  obstToate  engagement, 
the  patriots  were  forced  to  retire. 

fhe  army  of  Buenos  Ayres  retreated  to  ^Ita. 
and  the  royal  forces  reftiaioed  in  possession  of  au 
the  upper  provinces  of  Peru.  Tne  people  were 
displeased  with  the  administration  of  the  Su- 
preme Director's  substitute,  and,  assembling  tn- 
multttously,  they  forced  him  to  resign  the  com- 
mand; another  was  appoiated,  who  was  soon 
after  treated  in  the  same  manner,  and  the  Gov- 
ernibent  was  then  placed  in  the  hands  of «  Com- 
mittee of  Safety. 

The  Congress,  which  had  been  convoked  ae- 
corditg  to  a  provision  in  the  lastestatuto^asaem- 
bied  in  JFune,  1816,  at  Tacaman.  They  nomi- 
nated Don  Joan  Martin  Pueyrredon  Supreme 
Director,  who  immediately  repaired  to  Bueiios 
Ayres  and  assumed  the  reins  of  GoverniQettt. 
Don  Mantrel  Belgrano,  who,  since  the  battle  df 
Yelcapugio,  had  remained  in  retirement,  resumed 
the  command  of  the  army  of  Pern.  The  troofte 
received  with  enthusiasm  the  (General  who  had 
ao  often  led  theaa  to  victory ;  who  had  gweroasly 
distribttved  to  the  widows  and  orphans  of  thoM 
soldiers  who  had  fkllen  In  the  banle  of  Salia  the 
money  voted  to  him  by  the  Government  6(  Bue- 
nos Ayres  as  a  reward  for  thai  diatiaf  niahad  ser- 
vice i  and  who  had  preserved  his  politteal  vaA^^ 
rtty  amidst  thetshanges  of  party  wad  the  iDtrijgroee 
of  faetiaa,  and  had  siliaifiBSted  norther  jwibNioii 
than  that  of  devoting  his  life  and  £»rlMia  ea  the 
great  eaoae  in  which  he  Was  eaga^ed. 

An  army  was  assembled  "at  fifendoza  to  pmre<^ 
thtft  frontier  against  the  royal  army  Which  w«a 
in  possession  m  OhiH,  and  the  eommand  tX  this 
force  itttrttsted  to  San  Martin,  Who  had  distio- 
guiahed  himself  by  repalsinf,  with  n  small  ^orpa 
of  cavalry,  a  detachment  of  the  royal  forces  aft 
San  Lorenzo,  on  the  Parana. 

Oa  the  9th  off  Jdly,  I'SIG,  the  Congress  pdb- 
Hsbed  their  foriltal  declaration  of  independence. 
In  December  foHowing,  the  Portuguese  troo^ 
entered  the  territory  of  the  eastern  shore,  which 
is  claimed  by  that  Ctovernment.  The  inYadibg 
army,«fter  ocenptlng  the  lowns  on  the  frontiera, 
took  possession  or  Matdonado,  and  advanced  ti^ 
on  Montevideo.  This  important  milhary  pMt 
WBsavrrandered  to  them  without  oppoaitiopii. 

Artigas,  with  the  desuhorr  iforces  tmder  bis 
command,  opposed  in  vain  the  progress  of  the 
invadeta,  but  still  continued  to  haraes  them  tf 
every  taeans  in  his  power. 


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AFP9BHDIX.  3318 

[Commiinicated  to  the  Senate,  December  8,  1817.] 

In  obedience  to  the  directions  of  the  act  tapplementtry  to  "  An  act  to  establish  the  Treasury  De- 
|}arCfii?nt.'Vtb«  Secretary  of  tlie  TfeMory  respectfatty  aobmils  the  follow]  Off  eport  aad  eatifaatet: 

Revenue. 
The  net  revenue  aiiniig  ftom  dntiee  npon  imports  end  tonnage,  internal  dtttiea»  direct  tax,  public  lande,  peaU 
age»  and  incidental  receipts  during  the  year  1816,  amoonted  to  -  -  -  ^9,652,8CUI  08 

▼is: 
Costoms  ........  f9«,3Q3;»l  77 

Internal  daties 6,963,285  88 

Direct  tax 6,723,162  86, 

Fnblic  lands.  exclosiTe  of  those  in  the  State  of  MissMppi  and  the 
Alabama  Territory  ......      1,287^99  88 

Postage  and  incidental  receipts  .....        275,888  84 

And  that  which  accraed  from  the  same  sonroqs  during  ^e  year  1810  amounted  to  ^,743^0t4  Iff 

y'a: 
Custom^  (see  statement  A)    -  -  987,((99,709  Tl 

Internal  duties,  (see  statement  B)      -  -  -  -  -       4,896,133  86 

Dhrect  tax,  (see  sUtement  C)  -  8,78*^3tt  "SO 

Puiilic  lands,  exclusive  of  those  in  the  State  of  Mississippi  and  the 

Alabama  Tevritery,  (see  statement  D)        -  -  •  *      l/7f4<487  88 

Postage  and  iaeldental  leeeipts  •  i87|840'06 

it  is  ascertained  that  the  gross  amoont  of  duties  on  merchandise  and  tonnage  whieh  has  aeeroad 
^liof  the  fir&t  three  quarters  of  the  present  year  exceeds  ^mTjOOO^OOO,  and  that  the  revenue  arisiu| 
from  luternal  duties  and  from  the  public  lands  during  the  same  period  exceeds  that  of  the  cprr£ 
pofiding  quarters  of  the  year  1816. 

The  balance  in  the  Tieaaury  im  the  Ut  day  of  JanMcy,  Ml?,  excluai»e  offilOJWJIB'f  ^  n  Tnmoxfm^ 
of  evaif  description^  amounted  to         .......    ,^l|^6|is98  86 

The  paymenu  into  the  Tceasu^  during  the  ^nt  tfatee  fpartaas  of  the  year 

are  estimatad  ta  aaMmt  to       -  -   987,09iJM  U 

Customs        .-...*     -  9ai,738/)f8  j|8 
Internal  revenue  and  direct  tax         -  -  -      3,480,173  43 

Pohlio  lands,  exclusive  of  those  in  the  State  of  Mis- 

siss^pi  and  the  Alabama  Territory  -  -       1,386,077  44 

Postage  and  incidental  leeeiyla         •  ^  ^  8MI3  92 

Biipi^^mants  into  the  Treasury  -  "  630,3:51  13 

And  the  payments  Into  the  Tieaauiy*  dnra^yg  the  ^unMi  lyaartari  finai  the 

saAaaaoilses,  areesUmatadat   -  .  .  ^  ^  .      .6,980>000  .09 

HaluRg  the  t«^  sum  estimated  to  be  received  into  the  Treasuiy  during  the 

year  1817  amount  to 33,076,PM  U 

WMdi,  added  to  the  sum  in  the  Treasury  on  the  1st  day  of  January  last,  makes  the  aggre^ 

nte  amount  of  .  -  -  .  .  ^  ^  -  .       44|371,0niK) 

The  applicatbn  of  this  sum  for  the  year  1817  is  estimated  as  ibitows,  via : 
To  Ibe  80lh  September  the  payments  have  amounted  to  -  988^719J)68  80 

tw: 
OMt,  diplomatic,  and  miseeUaaeoQB  exMnsas,  asetuslfis  af 

S37^O0O  paid  to  the  Suta  of  Qeorgia  Brom  the  pioceeds 

of  Iha  Mkaissippi  landa f8,798,84S  H 

Military  service,  induding  anrearagea  ...     7,106316 'ft) 

Maival  asTfica 8,044474  86 

Publie  dahtt  exclusive  ^  i3Anaa7  00  «f  Treasni^  iwt«, 

nhick  have  bean  canaeUad  io  due  caurse  af  satHeHsot  *   80k7ei,468  98 

Duong  the  fourth  guartar  it  ia  estimated  that  the  payaMuto  will  amount  to   *      6,660,000  00 

us: 
Civfi,  diploBkatb  and  misceDaneons  enenses  -        600,000  00 

MiUtary  service 1,110,000  00 

If  aval  service  .......      1,300,000  00 

nbtte  debt  to  1st  January,  T818       ....     8,660,000  00 

Making  ^  agiegate  amovrnt  of  ......   1!^J8fT9fifn:W 

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2S19  AFPBlffDIX.  2920 


And  iMvingon  that  d«jt  •zclunTe  of  $8,689,697  78  in  TraMfary  iMtat,  which  are  in  a  train 

of  aettiement  in  order  to  be  cancelled,  a  balance  in  the  Traaanry  of        ...    $6,001,574  111 

Of  the  pMic  debt. 
The  landed  debt,  contracted  before  the  year  181S,  whidi  waa  unredeemed  on  the  let  day  oi  October,  1816,  m 

appear!  by  lUtement  1,  amounted  to f  37,494,«67  01 

By  the  aame  aUtement  it  appears  that  the  funded  debt  contracted  anbaequent 

to  the  lit  day  of  January,  1812,  amounted  to        -  -  -  -    71,201,551  28 

Makinf ,  together,  the  aum  of    -  -  -  -  ?  108,696^818  29 

To  which  must  be  aided  the  temporary  loan  from  the  Cumberland  Bank,  of  50,000  00 

Making  the  aggregate  amount  of  -  -  -  -  -  #108,745318  29 

On  the  lit  day  of  January,  1817,  there  waa  added  to  the  abote  amount,  including  $7,000,000 
of  6  per  cent  stock  aubacribed  to  the  bank,  and  including  alao  a  temporaiy  loan  from  the 

bank  of  $500,000,  the  aum  of 7,877,47161 

FroB  which  deduct  the  amount  of  the  old  6  per  cent  deferred  atock,  reim- 
buraed  between  the  lat  day  of  October  and  the  lit  day  of  January,  1817, 
indud^e,  amounting  to-  -  •  81^^484  42 

LenTOig  the  aum  of-«------      7,061,987  19 

Making  the  public  debt,  which  waa  unredeemed  on  the  Ist  day  of  Januaiy,  1817,  amount  to    115,807,800  48 
From  the  lat  diQr  of  Januaiy  to  the  80th  day  of  September,  1817,  indnaiTe,  there  was,  by 

frinding  Treaaury  notea,  added  to  the  public  debt,  the  amount  of  -  -  -     1,097^16  48 

Making,  on  that  day,  the  aggregate  amount  of  ....  ll6,905,ltU^  91 

During  the  aame  period  there  waa  purchaaed  and  redeemed  of  the  public  debt,  including  $550,- 

000  of  temporary  loana,  the  aum  of 16,993,275  50 

Whkh,  deducted  from  the  amount  of  the  public  debt  last  atated,  learea  unredeemed  on  the  lat 

day  of  October,  1817,  the  amount  of         -  -  -  •  -  -  -    99,911,848  41 

Since  the  30th  September  there  has  been  purdiaaed  or  redeemed  of  the  principal  of  the  public 
debt,  the  amount  of  ------  -      $383,235  16 

And  there  will  be  reimburaed  of  the  principal  of  the  old  6  per  cent  deferred 

stock  to  the  lat  of  January,  1818,  indusire,  the  amount  of  -  -        709,513  70 

Making,  togetiier 1,04V48  86 

Whidi  being  deducted  from  the  aggregate  amount  of  the  public  debt  on  the  1st  October,  ^ere 

will  remain  unredeemed  on  the  lat  January,  1818,  the  sum  of     -  -  -  -    98,869,096  55 

By  the  same  atatement  it  appears  tiiat  the  nrindpal  of  the  public  debt,  purchased  and  re- 
deemed during  the  year  1817,  induding  $55,000  of  temporary  loans,  amounts  to  -  #18,036,023  71 

*  Id  this  sum  is  included  all  the  funded  debt  held  by  the  Bank  of  the  United  States. 

The  old  six  per  cent,  stock  will  be  redeemed  in  the  course  of  the  year  1818.  The  first  ioatalmtot 
of  the  Looisiana  debt  falls  due  on  the  2l8t  dav  of  October  of  that  year.  According  to  the  terms  of 
the  convention,  this  debt  is  to  be  diseharged  oy  annual  instalments  of  not  less  thtui  three  millions 
each.  It  is,  therefore,  presumed  that,  consistently  with  the  letter  of  the  convention,  the  whole  debt 
cannot  be  discharged  in  one  i>ayment.  But  for  this  obstacle,  in  the  present  state  of  the  Treasury, 
and  under  the  existing  provisions  of  the  Sinkin|[  Fund,  the  whole  amount  of  the  stock  might  be 
redeemed  on  the  2l8t  day  of  October  next.  It  is  believed  that  neither  the  letter  nor  spirit  of  the 
convention  forbids  the  redemption  of  that  stock  in  two  annual  instalments,  by  which  the  whole  debt 
will  be  redeemed  on  the  2l8t  day  of  October,  1819. 

After  the  redemption  of  the  Louisiana  stock,  there  is  no  part  of  the  principal  of  the  public  debt 
redeemable  at  the  will  of  the  Government  until  the  1st  day  of  January,  1825,*except  the  five  per 
cent,  stock  subscribed  to  the  Bank  of  the  United  States.  As  the  Commissioners  of  the  SinkiDff 
Fund  are  not  authorized  to  redeem  the  five  per  cent,  stock,  the  permanent  annual  appropriation  of 
$10,000,000  from  the  year  1819  to  1835,  under  the  existing  laws,  can  only  be  ap^ied  to  the  pajr- 
ment  ot  the  interest  or  the  public  debt,  and  to  the  gradual  reimbursement  of  the  principal  of  the  six 
per  cent,  deferred  stock,  and  will  leave  during  that  period  an  annual  surplus  of  nearly  $5,000,000. 

During  the  year  1825  the  exchanged  six  per  cent,  stock,  the  six  per  cent,  stock  or  1812,  and  the 
stock  created  by  funding  Treasury  notes,  amountin^^,  together,  to  $18,895,456  23,  will  be  redeemable. 
To  the  redemption  of  the  whole  of  this  stock  within  that  year,  the  Sinking  Fuod,  by  the  aid  of  iu 
aurnjluses,  will  not  only  be  entirely  adequate,  but  will  be  amply  sufficient  to  redeem  the  remainder 
of  the  public  debt  at  the  several  periods  at  which  the  difierent  stocks  of  which  it  is  composed  be- 


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aaa jLPPiBn>DL am 

^kUe  of  the  Fmancet. 

^oine  ftdeemable.  The  whole  debt,  inolndiog  the  fire  i>er  cent,  stoek,  will  be  €Ztin|[Qitbed  dortng 
the  year  1830,  except  the  three  per  cent  slock,  which  is  not  redeeinable  at  the  will  of  the  Qot- 
ernmeDt. 

It  is  not  presamed  that  taxes  will  be  imposed  and  collected  for  the  express  purpose  of  purchasiDg 
the  lunded  debt  above  its  Bominal  valoe.  It  is,  howe? er,  believed  to  be  unsafe  to  reduce  the  reve- 
Jiue  below  the  permanent  annual  expenditure,  as  now  authorized  by  law,  including  the  appropria* 
tion  constitnting  the  Sinking  Fund/  A  reduction  below  that  amount  would  postpone  the  redemp- 
tion of  the  public  debt  beyond  the  periods  when  the  several  loans  of  which  it  is  composed  become 
oredeemable,  or  impose  upon  the  Legislature  the  duty  of  resorting  to  them  anew  for  that  object. 

If^  then,  the  revenue  shall,  until  the  year  1825,  be  equal  to  the  present  annual  expenditure,^  it  is 
respectfully  suggested  whether  the  public  interest  will  not  be  promoted  by  authorizing  the  Commie- 
aioners  of  4he  SmkingFund  to  purchase  the  funded  debt  at  such  rates  above  par  as  in  their  judg- 
ment will  be  for  the  mterest  of  the  nation,  rather  than  to  suffer  the  annual  surplus  of  the  Sinking 
Fund  to  remain  in  the  Treasury  unapplied  for  five  successive  vears.  Should  such  an  authority  be 
given  to  the  Commissioners  4>f  the  Sinking  Fund,  it  is  probable  that  the  different  species  of  stock 
would  advance  in  price  above  their  present  current  value ;  but  as  the  authority  would  bepermiwive, 
not  imposing  the  obligation  to  purchase,  it  is  probable  that  the  surplus  of  the  Sinking  Fund  might 
be  more  beneficially  employed  in  purchasing  the  public  debt  than  by  remaining  idle  in  the  Treasury 
until  the  year  1825.  If  that  surplus  could  t^  annuallv  invested  early  in  each  year,  at  the  present 
prices  of  the  different  species  of  stock,  it  would  produce  a  saving  to  the  nation  of  not  less  than 
$4,000,000,  between  the  first  days  of  January,  1820  and  1825.  The  interest  which  will  accrue  on 
the  five  per  cent,  stock  between  the  first  days  of  January,  1820  and  1830,  when  it  is  estimated  the 
whole  redeemable  debt  will  be  discharged,  will  amount  to  $3,500,000.  If,  therefore,  it  is  intended 
to  redeem  that  stock,  the  surplus  in  the  Sinking  Fund  may  be  legitimately  applied  4o  that  object 
during  the  years  1820  and  1821. 

By  statement  8,'^it  appears  that  the  Treasury  notes  which  have  issued  under  the  several  acts  of  Congress  -on 
that  subject,  have  amounted  to--------  $36,133,794  00 

Of  which  there  has  been  cancelled  at  the  Treasury     .  -  .  $26,874,431  00 

There  is  now  in  the  Treasury,  iHiich  will  be  cancelled  when  settled,  exclus- 
ive of  #422,619  77,  the  estimated  interest  upon  them,  the  amount  of    «     M2d>400  90 

Making,  together  the  sam  of -  .   ^,497,811  00 


Leaving  outstanding  an  estimated  balance  of   -  -  .  .  .       9635,963  00 


Ae  Che  outstanding  Treasury  notes  are  convertible  into  funded  debt,  which  is  considerably  above 
fttr,  it  is  presumed  that  such  portions  of  them  as  are  not  lost  or  destroyed  will  be  funded  instead 
of  being  paid  into  the  Treasunr  in  discharffe  of  duties  and  taxes.  It  is  therefore  probable  that  an 
addition  to  the  public  debt  will  be  made  during  the  year  1818,  nearly  equal  to  the  Treasury  notes 
estimated  to  be  outstanding. 

Statement  B  presents  the  state  of  the  land  offices  in  the  State  of  Mississippi  and  in  the  Alabama 
Territory,  from  which  it  apoears  that  the  receipts  into  the  Treasury  have  amounted  to  $1,124,100  81, 
of  which  $431,120  were  in  Aiississippi  stock. 

From  the  prooeeds  of  the  sales  ot  these  lands  there  has  been  paid  to  the  State  of  Georgia  the  sum 
of  $688,441  33,  and  there  has  been  transferred  to  the  State,  by  the  Commissioners  of  the  United 
States  under  the  act  compromising  the  Yazoo  claims,  that  part  of  the  original  purchase  money 
remaining  in  the  State  Treasury,  amounting  to  $184,515  94.  making,  together,  the  sum  of  $872,- 
957  27,  and  leaving  still  due  to  the  State  the  sum  of  $377,042  73,  which  b  now  ready  to  be  pud 
under  the  provisions  of  the  act  of  the  3d  of  March  laat. 

By  statement  7,  it  appears  that  the  Mississippi  stock  awarded  by  the  Commissioners  amounts 
to $4;^8,434  00 

From  which  deduct  the  amount  received  into  the  Treasury  •        431,120  00 

Leaves  outstanding  the  sum  of     .  .  .  «    $3,747,314  00 

Which  it  is  estimated  will  be  received  into  the  Treasury,  during  the  two  succeeding  years,  in  pay- 
ment of  the  public  lands  in  the  State  of  Mississippi  and  in  the  Alabama  Territory,  or  will  be  dis- 
charged by  payments  from  the  Treasury  out  of  the  proceeds  of  the  sales  of  those  lands. 

€f  the  eetimatee  of  the  pmblic  revemte  mnd  espendUwree  for  the  year  1818. 
The  imporution  of  foreign  merchandise  during  the  years  1815  and  1816,  to  greatly  exceeded 
what  was  presumed  to  be  equal  to  the  annual  average  consumption,  that  a  general  impression  was 
produced  that  the  importations  during  the  present  year  would  Aill  greatly  below  that  demand. 
Under  this  impression,  the  revenue  accruing  from  that  source  for  the  year  1817  was,  in  the  annual 
report  of  the  Treasury  of  16th  of  Deeenher,  1816,  estimated  at  $12,000,000.  But  it  is  ascertained 
ehat  the  gioes  revenue  arinng  from  that  souroe  during  the  first  three  quarters  of  the  year  hat  ex- 
oeeded  $17,000,000,  and  it  is  cetamated  that  that  of  the  whole  year  will  exceed  $82,000,000. 


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2S23 


APPENDIX. 


2S24 


Bevmon  of  the  Revenue  Laws. 


It  is  presuRi«d  that  the  importations  from  the  Bast  ladies  darin^r  the  present  year  greatly  exceed 
those  which  will  take  place  daring  sereral  consecutive  years;  and  that  the  reactioa  produced  by 
the  excessive  importations  of  1815  and  1816  has,  in  some  degree,  heen  diminished  by  that  eiream- 
stance.  There  is,  however,  just  ground  to  believe  that  the  revenue  derived  from  this  sooree  will 
not,  for  any  given  series  of  years,  fall  below  that  of  the  present  year.  Consideriog  that  this  reveniie 
during  the  year  18G7  (the  last  year  that  our  commerce  was  not  greatly  embarrassed  by  belligereot 
aggression)  exceeded  $16,000,000 ;  that  the  duties  then  imposed  are  eonstderably  ao^eoted  by  the 
present  tariff;  and  that  our  population  has  increased  more  than  thirty  per  cent.,  earryiD^  with  U  in 
the  same  degree  an  increase  of  the  means  of  procuring  foreign  articles,  with  aa  nadiminisfaed  relish 
for  their  consumption ;  it  is  presumed  that  the  revenue  from  that  source,  dtmng  the  present  year, 
will  be  found  to  be  less  than  that  of  any  number  of  consecutive  years. 
According  to  these  views,  the  permanent  annual  revenue  may  be  estimated  to  amomit  to     -   9H,AS5,000  00 


Castoms         ....... 

Interaal  daties  ...... 

Poblic  lands,  exclusive  of  the  MissiMippi  and  Alabama  lands 
Bank  dividends  at  seven  per  cent.      .... 

Postage  and  incidental  receipts  .... 


-f  sMoaood  00 

-  3,d00t000  00 

-  1,500,000  00 

i(M),000  00 
36,000  00 


And  the  payments  into  the  Treasury  during  the  year  1818  may  be  estimated  at  the  same 

amount. 
To  which  add  the  balance  estimated  to  be  in  the  Treasury  on  the  Ist  day  of  Januaiy,  18 18        6^000,000  CD 

Making,  together,  the  sum  of-  -  --  -  --  '^SOflWjOQO  00 

The  probable  authorized  demands  upon  the  Treasury,  during  the  year  1818,  are  estimated  to 


amount  to 


9Si\,^i6^in 


Civil,  miscellaneotts,  diptomaiic,  and  foreign  intercoofse        ...  |^0M,8i8  W 

MiiiUry  seryiccs,  indudiag  an  arrearage  of  $500,000            ...  6,265,133  S5 

Naval  aervice,  including  $1,000,000  for  the  gradual  increase  of  the  navy      -  3,611j376  iO 

Pnblic  debt 10,000,000  00 


Whioh,  being  deducted  from  the  amount  estimated  to  be  received  into  the  Tieasoiy,  indodiqc  Hm  I 

the  1st  of  January,  1818,  leaves  on  the  lat  of  January,  1819,  a  balance  in  the  Tieasory  of  #6^78,648  36,  wIMb 
however,  will  be  applied  to  the  redemption  of  the  Louisiana  stock,  under  the  proviaioBs  of  the  aat  fntk$tih 
demption  of  the  public  debt»  passed  on  the  dd  day  of  March,  1817,  as  far  as  thoseprevisions  wiU  admiU 

All  which  is  respectfully  submitted.  WM.  H.  CKAWPOBfiU 

TmxASUBY  DxPAmTXxaT,  December  5,  1817. 


REVISION  OF  THE  REVENUE  LAWS. 

[OommunicatMl  to  the  HoiMe,  Januaxy  HO,  1818.] 

In  obedience  to  the  resolution  of  the  House  of 
Representatives  of  the  28ih  of  February,  1817, 
directing  the  Secretary  of  the  Treasury  to  report 
to  Congress,  at  their  next  session,  ^^  such  meas- 
ures as  may  be  necessary  for  the  more  effectual 
«xecQtitni  of  the  laws  for  the  collection  of  the 
daties  on  imported  goods,  wares,  and  merchan- 
diat,''  I  have  the  honor  to  report : 

That,  shortly  after  the  close  of  the  last  session 
of  Congress,  measures  were  adopted,  as  well  for 
the  detection  of  the  ftauds  which  might  be  eoni- 
mitted  upon  the  revenoo,  as  for  ncertaining  the 
defects  of  the  ooileottoa  laws. 

The  jcolleetofs  of  the  custons,  andar  an  ejc- 
prest  iojuaetioA  to  iifbrm  the  departnant  of 
^fiery  attempt  to  e^rade  tbre  proFJsions  of  the  ez- 
ivtiag  iasas  whkh  shonld  be  diseoveMd,  accom- 
panied hf  mtggtv^mm  of  the  cciMdar  htat  cakn- 


lated  to  repress  the  evH,Tnade  nocommtimcciioii 
whatever  upon  the  sabject.  Considering  thai 
this  experiment  was  made  without  preyious no- 
tice to  those  concerned  in  imporutions,  and  fat 
more  than  six  months  of  the  most  active  com- 
merce in  our  ports,  the  tacit  evidence  of  the  col* 
lectors  that  frauds  are  not  committed  to  any  con- 
siderable extent,  and  that  the  provisions  of  the 
collection  laws  are  not  materially  defective,  ap- 
pears to  be  well  calcalated  to  command  respect. 

Notwithstanding  the  result  of  this  experimeitf, 
there  is  just  reason  to  believe  that  fraads  to  a 
considerable  extent  have  been,  and  now  arc,  coan 
mitted  upon  the  rerenoe,  in  the  importation  dt 
armies  open  coaeignaieat,  payiiig  ad  valorea 
duties. 

The  pnetiee  of  dimpiag  anrehiRidne  tifom 
Buropa  to  the  U»ited  Wales  oo  aaeotmt  «f  tim 
foreign  ishtmr  has  gmttly  loereased  aloeo  4Jw 
latapesoe.  The  immeliiate^Miisaof  this  ioofi 


may  be  probably  £b«id  in  the  goaaiaf  < 
mksch  at  audisiMM  (faac  speck  pamiad  t 

Digitized  by  VjOOQIC 


tt26 


APPENDIX. 


2S2« 


4if^  AeomtM  hawB, 


nily  the  ■MftofiwtQriiM  Mtftblishamns^  from 
whence  our  topplv  of  ]orel«i  nerefaaediae  htB 
been  priocifiaJly  derifed.  The  menofeetarert, 
unable  to  dispose  of  the  prodoets  of  their  labor  m 
their  accustomed  Barke(8,aasttmed  the  character 
of  ezportiof  merchaata,  ao4  shipped  their  mer- 
chandise directly  to  the  United  States,  where  it 
Ims  been  sold  by  their  agents  or  oonsi^^es.  in 
adopting  this  course,  not  only  the  fair  profit  of 
the  manufacturer  wfA  exporting  merchant  is  con- 
centrated in  the  hands  oi  the  lattei,  but  also  the 
loss  which  the  rerenue  sustains,  by  iavoieibg  the 
merchandise  at  the  actual  cost  of  the  raw  mate- 
rial, and  the  price  of  the  kbor  employed  in  its 
manufacture^  Should  any  part  of  this  profit  not 
be  realised,  from  the  oireumstance  of  the  tner^ 
cbandise  being  add  in  a|;lutted  luirket,  or,  from 
any  other  cause,  the  arttclee  reach  the  hands  of 
the  consumer  at  a  rate  lower  than  it  could  be 
sold  by  the  fair  American  importer  $  in  either 
event,  the  honest  American  merchant  is  driten 
^om  the  compctitioo  \  and,  in  the  lauer,  the  do- 
mestic manuMoturer  is  deprived  of  the  protec- 
tion which  was  inten4ed  to  be  eeevred  by  the 
Xjegblature.  But,  iadependebi  of  this  eraeioB  of 
the  revenue  laws,  which,  by  those  who  practise 
it.  may  be  deemed  consistent  with  the  principies 
or  morality,  a  practice  of  a  less  eqiiivocai  char- 
acter is  known  to  exist  in  imporiatiotts  made  by 
foreign  merchants  upon  consignment.  There  is 
mbandant  reason  to  beliete  that  it  is  now  cus- 
tomary, in  importations  of  this  nature,  to  send 
with  the  merchandise  an  invoice  coasiderably 
below  the  actual  cost,  by  which  the  entry  is  made 
and  the  duties  secured.  Another  invoice  at  or 
above  the  actual  cost  ii  forwarded  to  a  dtfierent 
person,  with  instructionn  to  take  and  call  the 
goods  bjT  sttch  invoice. 

In  thu  maoner  the  pereaa  who  enters  the  goods 
reraaina  ignorant  of  the  fraud  to  which  he  bss 
been  innocently  made  a  party,  aad  the  fraudttleiit 
im{K>rter  escapes  with  impuoity.  The  facility 
with  which  frauds  may  be  practiae4«  bv  permit- 
ting entries  to  be  made  fay  persotia  wno  know 
BOthing  of  the  correataeia  of  the  invoices  by 
-whichthe  duties  are  to  be  ascertained,  sa  strongly 
invites  to  the  substitution  of  false  for  true  ia- 
Toicea,  that  the  {jvaeticemust  necessarily  become 
UDiversal,  if  suitable  checks  are  not  deriaed 
a^oat  it.  It  is  also  ascertained  that  reeideat 
merchants  have  in  some  insianoea  coaaeoted 
themselvec  with  foreign  mereaatilahoasea.  whkh 
are  in  the  habit  of  purchasing  cloths  ot  every 
description  in  their  rudest  state  of  maaafaeture, 
which  are  in  their  hands  brought  to  the  highest 
atate  of  perfection  by  dyeiaA  dreesiag,  or  bleaoh- 
iufh  according  to  the  kind  of  cloth  purchased. 
Such  articles  are  invoiced  at  the  price  given  far 
them  in  their  unfinished  state  or  manufaetaie, 
and  upon  thoee  invoices  the  duties  are  astiaailed. 
Connexions  of  this  kin4  will  neoessarily  increase, 
and  eventually  embrace  the  whole  catalogtia  m 
articles  paying  ad  valorem  duties,  aalass  cfaeaks 
aalculated  to  repress  the  evil  are  praaiptly  da- 
waed  and  aji^eu. 

The  practioe  of  eaieriflf,fooda  withoat  iavaiaa 


is  aaotber  mode  now  frequently  resorted  to,  for 
the  purpose  of  evading  the  pavment  of  the  duties 
which  are  legally  demandable  upon  them.    In 
these  cases,  ^and  indeed  ia  all  cases  where  the 
collector  shall  suspect  that  the  invoices  are  fratid- 
aieat,)  the  resort  ta  appraisement  authorised  by 
4a w  is  generally  found  to  be  in  favor  of  the  im- 
porter, and  against  the  (ik>verDment.    This  may 
m  some  measure  be  attributable  to  the  defect  of 
the  existing  provisions  upon  that  subject ;  but  the 
universal  experience  of  every  department  of  tlMs 
Oovemment  proves  the  danger  there  is  of  sub- 
mitting any  ^esUoi  to  the  decision  of  persons 
acting  as  arbitrators  between  the  United  Sttitea 
and  individuals.    In  most  cases  of  this  kind  tte 
appmisers  are  influenced  by  a  morbid  sensibility 
which  ahaost  invariably  impels  them  to  sacrifice 
the  interest  of  the  nation  to  that  of  the  Individ- 
oal.    Independent,  however,  ^  this  indefensible 
principle  ef  action,  there  mast  necessarily  exist, 
ja  most  cases  of  appraisement  under  the  cdlec- 
tioa  laws,  some  individual  bias  in  fevor  of  the 
importer.    The  decision  is  to  be  made  by  mer- 
^aats,  and,  if  auMle  in  favor  of  the  Government, 
the  reputation  of  the  party  In  interest  most  be 
seriously  aficcted.    The  persons  called  itpon  to 
decide  may  themselves  be  placed  the  next  day  ia 
a  sitaatioa  to  have  their  reputation  assailed  by 
Che  same  means.    The  great  body  of  the  ifter- 
chants  may,  in  the  question  under  consideration, 
be  viewed  as  a  distiact  comtnuaity,  bound  toge- 
ther by  ties  generally  toserutable  to  the  collector, 
performing  successively  for  each  other  acts  by 
which  their  pecuniary  interests  oftentimes  ac^ 
quire  a  uaity,  totally  incompatible  with  the  lis- 
inleresied  discharge  of  the  duties  of  an  appraiser. 
Should  however  the  appraisement  in  despite  tUt 
aU  these  obstacles  correspond  with  the  impres- 
sions of  the  collector,  and  seizure  of  the  merchan- 
dise be  made,  the  party  is  allowed  to  prove  the 
actual  cost  of  the  articles,  and  time  is  generally 
aUowed  by  our  courts  for  the  examination  of  wlf- 
nesses  beyood  the  seas.    The  result  of  an  inres- 
tigatiea  uader  such  circumstances  can  hardly  be 
considered  doubtful.    In  making  these  c^servar 
tioaa,  no  imputation  upon  the  character  of  the 
American  merchants  is  intended.    As  a  body  of 
men,  they  are  highly  respectable  for  their  intelli- 
mce,  integrity,  and  respect  to  the  laws.     So 
Anr  as  they  are  directiv  ooaeemed  in  importatiotoe, 
I  betiere,  with  the  collectors  of  the  customs,  that 
the  revenue  has  been  generallv  fairly  paid.    But 
it  is  impossible  that  the  higli  character  which 
they  have  hitherto  maintained  should  be  ]>i«* 
served  against  the  ruinous  competition  in  which 
they  have  since  the  peace  been  et^gaged,  ualesa 
dM  fraude  practised  by  the  fbreign  importer  shall 
be  eff^tually  restrained.    Indeed,  there  is  some 
reason  to  believe  that  some  among  them  have 
already  resorted  lo  practices  not  less  e^flfi^etual  far 
evading  the  payment  of  duties  justiv  demandable 
of  them,  than  those  which  have  been  with  ao 
mach  avecess  employed  by  fbreign  importers.    It 
bm  freooeatly  happened  that  a  vessel  bound  toil 
particular  port  \s  freighted  by  mercbanu  Tesi#> 
mg  ia  tha  prtacipal  aommfrelal  doilies,    in  each 


Digitized  by 


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2S27 


APPENDDL 


23S8 


Be»kim  of  ike  Beunm  Lam. 


ۥ868  tke  goods  hare  genenilhr  been  entered  by 
an  agent  or  consignee  residing  in  the  port  where 
the  ▼essel  arrires,  and  the  goods  so  entered  are 
reshipped  in  their  original  packages  to  the  ports 
where  the  owners  severally  reside,  or  to  other 
ports  of  the  United  States.  The  entries  are  con- 
sequently made  upon  such  invoices  as  are  for- 
warded to  the  agent  or  consigoeei  of  the  correct- 
ness of  which  he  is  whoUv  ignorant.  The  goods 
thus  reshipped  in  the  original  packages  having 
oadergone  no  examination,  are  not  subjected  at 
the  port  to  which  they  are  reshipped  to  that  kind 
of  examination  whicn  they  would  have  under- 
gone had  they  arrived  directly  from  a  foreign 
port.  The  importer  therefore  not  only  avoids  the 
necessity  of  swearine  to  the  correctness  of  the 
invoices,  but  also  eludes  the  vigilance  of  the  cus- 
tom-house, as  his  merchandise,  at  the  port  where 
it  is  opened  and  sold,  has  acquired  the  character 
of  articles  upon  which  the  duties  have  been  paid 
or  secured.  Cases  of  this  kind  have  so  greativ 
increased  since  the  war^  that  it  is  difficult  to  avoid 
ascribing  the  increase  in  some  degree  to  motives 
incompatible  with  the  high  character  for  inte^ 
lity  ai^  respect  for  the  laws  which  the  Ameri- 
can merchants,  at  a  body  of  men,  have  so  justly 
acquired. 

There  is  some  reason  to  believe  that  evasions 
are  sometimes  practised  under  color  of  discounts 
allowed  on  the  prices  char^  in  the  invoices. 
Under  the  Treasury  regulations  no  conditional 
discounts  are  allowed,  but  it  is  extremely  difficult 
to  ascertain  whether  they  are  absolute  or  condi- 
tional. 

In  order  to  provide  an  adequate  remedy  against 
the  frauds  and  evasions  which  already  exist,  and 
to  prevent  their  further  increase,  it  is  respectfully 
submitted  that  provisions  to  the  following  effect 
be  adopted : 

1.  No  goods  to  be  admitted  to  entry  where  the 
invoices  are  not  produced,  except  goods  taken 
from  wrecks,  and  under  other  circumstances 
which  preciuae  the  possibility  of  producing  them. 

2.  In  every  entry  of  goods  subject  to  duty,  the 
party  making  the  entry  to  state  upon  oath  whe- 
ther he  is  the  owner,  and,  if  not,  to  state  the  name 
and  residence  of  such  owner. 

3.  Every  oath  of  entry,  in  addition  to  what  is 
now  required,  shall  state  that  the  invoices  pro- 
duced exhibit  the  true  current  value  of  the  article 
in  the  state  of  manufacture  in  which  the  goods 
then  are. 

4.  If  the  goods  do  not  belong  to  the  person  who 
enters  them,  bonds  shall  be  given,  as  in  case  of 
an  affent,  that  the  owner  shall  in  due  form  of  law 
verity  the  invoices  by  which  the  entry  is  made, 
or  produce  other  invoices  verified  in  like  manner. 

5.  That  where  goods  are  reshipped  coastwise, 
in  the  original  packages,  invoices  certified  imder 
the  hand  and  official  seal  of  the  collector  must 
be  produced  at  the  port  to  which  they  are  shipped, 
and  the  same  inspection  shall  take  place  as  if  the 
Tessel  should  arrive  direct  from  a  foreign  port ; 
on  failing  to  produce  such  invoice,  die  vessel  and 
goods  to  be  forfeited. 

a.  That  after  the day  of  — -  next,  no  en- 


try of  merchandise  paymg  ad  Talorem  duties  than 
be  made  upon  any  invoices,  where  the  owner  re- 
sides out  of  the  United  States,  which  shall  not  be 
rerified  by  the  owner  in  the  manner  required  by 
the  foregoing  provisions,  before  the  American 
Consul  at  the  port  of  shipment,  or  of  some  other 

Eort.  And  such  owner  shall  further  state  whether 
e  is  the  manufacturer  of  the  goods  described  in 
such  invoices;  in  which  case,  he  shall  further 
swear  that  the  prices  charged  are  the  current  vd- 
ue  of  the  articles,  and  soch  as  he  would  hure  de- 
manded had  they  been  sold  in  the  usual  coarse  of 
trade. 

7.  That,  for  the  appraisement  of  goods  in  all 
cases  required  by  these  proTisions,  there  shall  in 
each  of  the  principal  ports  be  appointed  two  per- 
sons well  aualiicd  to  perform  that  duty,  who,  to- 

S ether  with  a  respectable  merchant,  to  be  chosen 
y  the  party  in  interest,  shall,  upon  oath,  make 
such  appraisement.  In  trety  case  the  merchant 
selected  by  the  party  in  kktenst  shall,  opon  oath, 
declare  that  he  has  no  direct  or  indirect  interest 
in  the  case.  In  the  smaller  ports,  an  inspector  of 
the  revenue  best  qualified  for  that  purp<^.  and  a 
disinterested  merchant  selected  by  the  collector, 
and  another  by  the  party  in  interest,  shall  be  the 
appraisers. 

8.  Merchants  selected  by  the  parties  in  interest 
and  by  the  ooUcetors  shall  be  compelled  to  serve, 
by  the  enactment  ^  suitable  penalties.  The 
compensation  to  be  allowed  them  to  be  equal  t» 
the  rate  received  by  the  appraisers. 

9.  In  all  cases  wnere  there  shall  be  just  grounds 
to  suspect  that  ^^oods  paying  ad  valorem  duties 
have  been  invoiced  below  £eir  actual  cost,  the 
collector  shall  order  them  to  be  appraised  in  the 
manner  already  described;  if  the  appraisement 

shall  exceed  by per  cent,  the  invoice  prices, 

then,  in  addition  to  the  per  cent,  laid  upon  correct 
and  regular  invoices  by  the  existing  laws,  there 
shall  M  added  — — -  per  cent,  upon  the  appraised 
value ;  upon  which  aggregate  amount  the  duties 
shall  be  estimated. 

10.  One-half  the  duties  accruing  upon  such 
additional  per  cent,  shall  be  distributed,  according 
to  law,  between  the  custom-house  officers  of  the 
port. 

11.  The  same  proceeding  shall  be  had  in  all 
cases  coming  within  the  sixth  provision  proposed, 
where  the  invoices  are  not  verified  before  an 
American  Consul.  The  same  additional  per  cent, 
shall  b^  laid  upon  the  appraised  value  as  in  case 
of  fraudulent  invoices. 

12.  But  no  such  addition  shall  be  made  in  any 
case  where  the  goods  are  shipped  from  a  country 
or  State  in  which  no  American  Consul  resides. 

13.  Nor  shall  such  appraisement  be  necessary 
where  the  foreign  owner  is  present  and  enters  the 
goods. 

14.  The  same  appraisement  shall  be  made  pte- 
vious  to  the  entry  of  goods  taken  from  wrecks, 
and  also  where  a  redaction  of  doty  is  claimed  on 
account  of  the  goods  being  damaged  in  the  coarse 
of  the  voyage. 

15.  The  expenses  of  appraisement  shall  be 
home  by  the  owners  of  the  goods  in  all  eases, 


Digitized  by 


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APPENDIX. 


233a 


iZmnofi  of  Out  Be99nm  Lem§. 


•zeept  where  the  ftppraiaement  ordered  in  the 
aUegttioQ  of  frandulent  ioToices  shfiii  not  sobleet 
the  owner  to  the  additional  per  cent,  directed  by 
the  foregoing  provisions,  aad  in  cases  of  goods 
taken  from  wrecks. 

16.  The  appraisers  ia  the  principal  ports  shall 

receive,  as  a  compenfation  for  their  services, 

dollars  per  annum.  The  inspectors  In  the  other 
ports,  who  shall  perform  the  duties  of  appraisers, 
shall  receive  the  full  allowance  of  inspectors, 
ifhether  they  are  actually  employed  throughout 
the  year  or  not. 

17.  In  every  case  of  entry  upon  invoices,  the 
oollector  of  the  port  where  the  entry  is  made  shall 
certify  the  invoices  under  hie  official  seal.  In  all 
contestations  concerning  the  said  goods,  no  other 
evidence  of  the  value  thereof  shall  be  admitted 
in  any  court  of  the  United  States  on  the  part  of 
the  owner  of  such  goods. 

1&  Counterfeiting  any  certificate  required  by 
these  provisions  to  m  felony. 

19.  That,  for  every  verification  of  invoices  be« 
fote  an  American  Consul,  there  shall  be  paid,  by 
the  party  making  the  oatn,  the  sum  of  — *^  dol- 
kra  for  the  use  of  such  Consul. 

'20.  That  no  discount  be  allowed,  except  where 
the  oath  of  entry,  or  that  taken  before  the  Ameri- 
ean  Consul,  shall  expressly  state  that  it  has  been 
aettwlly  allowed  to  the  purchaser  in  the  payment 
mmi9  bv  him  for  such  goods. 

21.  That  the  collectors  of  the  different  ports  be 
authorized,  at  their  discretion,  or  upon  instruc- 
tions from  the  Treasury  Department,  to  subject 
to  the  most  rigid  inspection  a  certain  proportion 
of  the  packages  imported  into  their  respective 

S^rts ;  and  if  they  are  not  agreeable  to  invoice,  or 
Isely  charged,  a  full  inspection  of  the  whole 
•ball  be  made.  Where  any  packa^  shall  con- 
tain articles  not  described  in  the  invoice,  the  whole 
packaffe  to  be  forfeited. 

22.  £very  bond  taken  for  duties  shall  be  exe^ 
cuted  by  at  least  one  American  merchant,  or  by 
a  foreign  merchant  who  has  resided  at  least  — * 
years  in  the  United  States,  and  has  held  by  lease 
dttring  that  time  a  tenement  of  the  yearly  rent  of 
at  least  —~  dollars. 

23.  The  bondsmen  to  be  liable  for  any  peeo* 
liary  penalty  incurred  by  frauds  on  the  revenue. 
Sneb  liability  to  cease  upon  the  delivery  of  the 
goede  subject  to  forfeiture. 

ZL  The  execution  of  a  bond  for  the  payment 
of  duties  by  one  partner  to  bind  the  firm. 

The  adoption  of  the  foregoing  provbions  will, 
ae  fiir  as  it  is  practicable,  prevent  the  entry  of 
fNreign  goods  without  an  appeal,  under  the  sane* 
tion  of  an  oath,  to  the  conscience  of  the  party 
who  is  in  possession  of  all  the  ciroumelnnces 
connected  with  the  purchase  of  them  in  foreiffn 
eountries.  Where  this  oath  is  not  obuined,  the 
provisions  are  intended  to  guard  against  decis* 
lOM  injurious  to  the  Government  from  indirect 
interest,  or  from  the  more  general  inclination 
which  seems  to  exist  in  the  commimity  to  favor 
the  interest  of  individuals  at  the  expense  of  the 
nation. 

Whatever  may  be  the  reliance  which  ought  to 


be  placed  in  the  efficacy  of  the  foregoing  provis- 
ions, it  is  certainly  prudent  to  diminish,  as  far  as 
practicable,  the  list  of  articles  paying  ad  valorem 
duties. 

The  best  examination  which  circumstances 
have  permitted  has  resulted  in  the  conviction  that 
the  following  list  of  articles  now  paying  ad  va- 
lorem duties  may  be  subjected  to  specific  duties 
viz: 

Anvils,  2  cents  per  pound  each. 

Axes,  broad,  30  cents  per  pound  each ;  narrow, 
25  cents  per  pound  each  ;  hatchets,  15  cents  per 
pound  each ;  adzes,  25  cents  per  pound  each. 

Augers,  not  exceeding  half  an  inch,  1^  cents 
per  pound  each ;  above  that  size,  and  not  exoeed- 
ing  one  inch,  2  cents  per  pound;  above  an  inch, 
and  not  exceeding  1^  inch,  2^  cents  per  pound; 
above  that  size,  3  cents  per  pound  each. 

Chisels,  not  exceeding  half  an  inch,  1  centner 
pound  each  ;  above  that  size,  and  not  exceeding 
one  inoh,  1^  cents  per  pound  each ;  above  an  inch 
and  not  exceeding  l|  inch,  2  cents  per  pound 
each ;  above  that  size,  2^  cents  per  pound  each. 

Hammers,  blacksmiths',  2^  cents  per  pound 
each  ;  claw 'hammers,  (carpenters,')  5  cents  per 
pound  each. 

Hoes,  broad,  12  cents  per  poand  each ;  narrow,  12 
cents  per  pound  each. 

EInives,  curriers',  40  cents  per  pound  each ;  out- 
ting,  25  cents  per  pound  each;  drawing,  25cenu 
per  pound  eacn. 

Scythes,  25  cents  per  pound  each. 

Reaping  hooks  or  sickles  5  cents  per  pound 
each. 

Rakes,  10  cents  per  pound  each. 

Saws,  cross  cut,  100  cents  per  pound  each; 
whip-saw,  100  cenu  per  pound  each  ;  hand-saw, 
25  cents  per  pound  each  ;  tenon-saw,  20  cenu  per 
pound  each. 

Spades,  15  cents  per  pound  each. 

Andirons,  cast  iron,  1  cent  per  pound  each*; 
wrought  iron,  50  cents  per  pair ;  brass^  or  of  brass 
and  anv  other  metal,  200  cents  per  pair. 

Fenders,  irom  100  cenu  each;  of  brass,  or 
steel,  or  parts  of  either,  200  cenU  each. 

Shovels  and  tonffs,  iron,  30  cenu  per  pair ;  steel, 
or  brass,  or  parts  of  either,  75  cents  per  pair. 

Muskets,  150  ceaU  per  stand. 

Rifles,  250  cents  each. 

Fowling  and  hunting  pieces,  single  barrel,  400 
eenta  each ;  double  barrel,  500  cenu  each. 

Cannon,  cast  iron,  2  cenu  per  pound;  brasSf 
5  cenu  per  pound. 

Frying  pans,  25  cents  each. 

Gridirons  and  griddles,  20  cenu  each. 

Vessels,  cast  iron,  not  otherwise  specified,  2^ 
cents  per  pound;  of  copper,  10  cenU  per  pound; 
of  pewter,  including  dishes,  plates,  basins,  uak- 
axds,  spoons,  and  other  utensils  not  specified,  3 
cents  per  pound. 

Tin  in  sheets  or  plates,  4  cenu  per  pound. 

Bandana,  fiag,  and  other  silk  kerchiefe,  from 
India,  not  exceeding  36  inches  square,  15  cenU 
each ;  above  that  size,  20  cenU  each. 

Cards,  for  carding,  20  cenU  each. 

Cotton  bagging.  6  cents. 


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Drugs,  »ioct,  S  ceoU  per  ponnd ;  aaiiiioiilatanB} 
(fun.)  4  ceota  per  poaod ;  arable,  (fom,)  2  centa 
par  pound ;  aasafcaiida,  (goaa,)  5  ceola  per  |MMiDd ; 
seDegal,  (gum,)  1  cent  per  pound;  guaiacam, 
(gna^)  fl  ceats  ftt  pound ;  craaai  of  tartar,  one 
oast  per  pound  $  jaiap,  3  ccnta  per  pound ;  ipeeae- 
uaaba,  IQ  ceats  per  pound. 

Oiovea  or  mits,  long  sUkt  tl  per  dotea ;  abort, 
60  cents  per  dozen  ;  children's,  40  cents  per  dozen  $ 
long  cotton,  70  eaots  per  dozen ;  shorty  50  eesta 
par  dosan ;  cbildraa's.  90  centa  par  dosen. 

Hata,  woolleii  or  fiell,  naeu  or  women's,  90  ecuta 
eaeb.(  obiUUan*s,  12  eeala  each;  baaTer,  bmu  or 
woottu'a,  $1  eaob;  cbMdren'a,  50  cents  eaeb. 

Hmds,  and  otbar  bttsou,  8  oeata  per  pouad. 

Honaf ,  6  cents  per  gallon. 

Hair  paiader,  6  cants  per  ponad* 

Horns,  os^  76  oeata  per  100. 

Horn  tipa,  50  oeals  per  100. 

Hoeaa  bait,  2  oenu  per  pnuud. 

Leatber.  sole,  0  aaota  par  poud;  4feaaad,  10 
oanaa  per  powld. 

Lard,  8  cenii  per  pwimL 

Laaiona,  25  cents  per  100. 

{iioMa,  10  centa  pet  IBO. 

Liquorice,  2  cents  per  pound. 

Mnbogaaf ,  1  oeat  per  a.  (boc. 

Madder,  1  cent  per  pound. 

Masiard,  (ezcept  teed,)  10  ceota  par  pound. 

Maake^s,  ladia,  abnrt  ptaaes,  nat  axoeadiog  T 
yards,  and  18  inches  in  breadtb,  25  ceats  par 

Siece ;  India,  looff,  not  exceeding  10  yards  and 
Kittcbesin  breadth,  40  eeou  per  pieca;  piaaes 
exceeding  these  dimensions,  tne  duty  to  be  in 
proportion  to  the  foregoing  rates. 

Oil,  dire,  in  bottles,  40  cents  per  gallon ;  anator, 
20  cents  per  gallon ;  linseed,  20  eaals  par  gallon. 

CMlvaa,  60  cents  par  gallon. 

Capers,  50  cents  per  gallon. 

Oranges,  50  cents  per  100. 
'  Opium,  25  cents  per  pound. 

Pickles,  10  cents  per  gross. 

Pine  apples,  2  cents  eadu 

Pipaa^  smoking.  10  cenU  per  groat. 

Prussian  blue,  10  centa  per  pound. 

Ptotervft,  oomfitt,  and  awectmattta^  in  angar  or 
brandy,  10  cento  per  ponnd. 

Quicktilyer,  5  cento  per  ponnd. 

Rice.  50  cents  per  100  iba* 

Rbnbnrb,  4  cents  per  pound. 

Saltpetre,  reftned,  2  aeoto  par  pound  |  nrada,  I 
•ant  per  pound. 

Slates,  1  cent  each. 

Saddletrees,  25  cento  eaeb. 

Snake  root,  2  cento  per  pound. 

Saflhin,  2  eanis  per  ponnd. 

Snnaa,  2  cento  per  pound. 

Saraaparilla,  2  centa  per  pound. 

Stockings,  ailk,  or  where  silk  to  the  principal 
material,  whole,  240  cento  per  donen ;  half,  do. 
do.,  150  cents  per  dosea  ;  quarter, do. do., 75  cento 
per  dozen  ;  cotton,  wool,  or  flax,  whole,  150  cents 
per  duzeo ;  half,  80  ceato  per  dozen ;  cotton,  wool, 
or  flax,  quarter,  35  cents  par  dozen  $  ehildraa*a, 
*l»e  ^ufy  upon  the  quarter  respectirel^. 

Vitriol,  4  cents  per  pound. 


UoabraUms  ot  pnmaa4%  covemd  vilk  aiU^  m 
cento  each;  cotton,  60  canto  aaek;  ttiolDt  and 
f mmea,  20  cento  eaeb. 

Wool  blanketaL'20  canto  per  yntd  ;  earpac^  in- 
ferior to  Brussels,  25  cento  per  pard  |  filcuaaalt, 
and  otbara,  aapefior,  35  cento  par  yacd ;  flannels, 
or  cotton  nuxturee,  12  canto  per  yard. 

At  present  BoAmu  ten  pays  n  4«lf  of  tvuiia 
cento  a  pound,  while  aU  oibaff  bbnk  taaa  pap 
tweaty-if  e  cento.  The  grant  diffeMacn  in  tbn 
duty  paid  by  these  kinds  of  tea,  and  tba  dtffiou^ 
in  distinguishing  between  them,  hMrSf  il  it  bn* 
lieved,  led  to  the  coatmitsinn  of  fouida  upon  the 
Mf  aaoe,  by  impattinf,  undev  tka  name  of  llohaa, 
cfury  species  or  hUck  ten.  As  the  i4wW  of  Ihaaa 
tens,  in  camuMU  witk  Bobcn,  bnce  geonm  inm 
genaaal  use  amauf  tba  poorer  aJaaaat  of  ibn  com? 
nuinity,  Uke  propeisiy  of  considaryig'  ibnm  nil  la 
be  of  the  same  class,  far  tba  puipoaa  of  ^utiaa, 
and  of  laying  upon  itov  eigbiaan  canto  n  pound, 
instead  of  the  duties. aov  impoaed,  ia  wapoQCfiittp 


\f  iht  pceaani  tniiffMukura,  Bni^undf,  rbati 
paiffo,  Rbani^,  and  Tokay  vii^  pajr  quo  ^u»r 
dred  cento  a  gallon,  and  Sbnrry  imuI  8t.  Lunut 
aixtf .  All  ntber  wineai  whan  iaaporiuA  in  bot- 
tka  or  oaaea,  pnp  aevnoty  oeuto  a  gnUaai  Tbaa 
kat  duty  nrinaipuliy  nC»eto  Ibo  tmn  winaa  of 
Pranea,  wbicb.  at  tne  pcipaipal  pouof  ahip 


do  not  generally  cost  tan  aen ton  gaUaa* 

portion,  bowever,  of  ibeae  wiaea  aall  as  high  in 
Bordeaux  aa  Madeira  wiae  in  tl»e  Uaited  Sinlnik 
The  small  quantity  of  this  quality  of  wine  pen- 
doced  in  France,  and  tbe  gffcat  deotand  ter  it, 
produced  by  the  neoeasary  supply  for  tbe  tablaa 
of  tbe  rich  in  that  and  tbe  ne^goboriog  couptrtaa^ 
wlU  nerer  admit  of  any  coasidarabla  iniLportntion 
of  it  Into  the  Unitod  States.  To  determiae  tbn 
duty  upon  claret,  with  a  view  tp  tbia  innonaidaiy* 
able  portion  of  it,  does  not  appear  |o  be  jodiaionaf 
GoaMdering  tbecbeapnesa  of  the  oojumnn  cJaceto 
and  the  aalutory  effecto  produced  bf  tbao,  eooa- 
pnred  with  moat  other  wines,  the  expedieoey  of 
reducing  the  dutj  to  n  more  reascnahle  propnty 
tion  to  tba  coai  or  the  ajtiole  ia  leapeatlully  au|^ 
gested.  A  duty  of  thirty  cento  a  gtllon  upon  ail 
clarai  importod  ia  boulca  or  oaaetinud  of  fiftaan 
oanto  when  iotportnd  in  any  a^er  mannat,  umuM 
ba  bighnr  than  t4e  duty  now  ioipoacd  upon  ifn* 
deira  wine^  in  proportion  to  tbair  reapecuffe  ooat* 
fimufgkagjby  Hie  introduction  of  nrtialaa  dm- 
destinely  and  witJutnt  entf y«  ia  prinoipnUy  nnup 
Anad  to  tbe  enatern  aeotionor  tbe  ae^ooaai;  fto  tlie 
pointo  of  ibe  const  bordering  on  Saai  and  Weal 
Flondn,  to  tba  anafft  waat  of  ilia  umath  pt  ibn 
Miaaisstppi  river,  and  to  the  inland  frontier.  Tbn 
vigiinnoa  of  the  outtom-boufea,  with  <bn  nid  nf 
ravenue  ontiert,  aud  of  aome  additional  profiawut 
wbiob  have  been  suggested  by  experienoei  vilfr 
be  snflleient  to  refpress  practices  of  tbia  kindi 
which  are  necesaariiy  retorted  to  only  by  peraona 
in  datpemie  circumstances,  and,  consequently,  am 
cnrried  on  upon  a  contracted  scale,  compnred 
with  tbe  great  mass  of  importationa  into  the 
country.  The  multiplication  of  small  porto  aC 
aniry  in  the  Cbeaapaake  bay  hna  probably,  mud 


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stsa 


AHPJBUJIX. 


2SS4 


MnMm^tke  Jtetmim 


ceruialy  t^oMng  ta  public  optmoB)  ghpen  rise 
to  more  smugflmff  than  anf  adTtntaf e  Atirlr  re^ 
roltiiig  to  the  inmibitaDts  of  thoea  poru  trom 
their  ettablishmeot  will  oompeDsate.  As  a  aiea- 
BOre  well  ealcalattd  to  aid  in  repreasiog  this  kind 
of  smuggllDfl^,  it  15  proposed  to  audMirize  the  cotn«> 
OMioders  of  ti^  reyeatie  cutters  to  require  the  pro- 
doetioD  of  tJM  maoifesu  of  the  earg o  of  all  vesselt 
boarded  bf  them,  when  an  officer  of  Che  coaleaif 
m  not  preaent,  and  that  tbey  be  empowered  to 
jierform  aU  aeu  which  an  tnspeetor  or  other  rev- 
eoae  officer  woald  be  permitted  to  perform,  in 
aolatloa  to  the  manifola  ao  prodneed. 

It  ia  alao  reapecffolly  suageeted  that  prorision 
be  made  for  reqairiog  of  aiipilots  licensed  voder 
tb«  Slate  laws  to  report,  under  the  aaoctfon  of 
an  oath,  ererj  tessel  niloted  bf  them  fnto  aojr 
yort  or  place,  to  the  collector  of  the  port  to  whicn 
tbef  bekmg.  aa  well  as  to  the  collector  of  the  dts- 
trfet  into  which  the  vessel  ia  pHoted,  within'-^— 
alter  aoeh  teaael  ia  conducted  fo  Its  place  of  dea- 
linatioa.  On  faihire  to  complf  with  tbis  pro- 
fkwn ,  to  be  ined  -^-^  dottars,  or  imprisoned  -*— ^ 
•ioo4bs;  and,  apon  aeeond  contiction  of  the  same 
Oifenee^  to  be  rendered  incapable  of  exereiai nr  the 
ftittctiotts  of  pilot,  In  addition  to  the  penaltiea 

rieribed  for  the  first  ofence ;  or  the  pilots  might 
sworn  not  to  pilot  any  vessel  arriring  iVom 
any  foreign  port  tnto  any  other  than  a  port  of 
aniry,  and  bovds  migfct  be  required  to  tfaat  effect. 

The  dffflcaltles  which  have  been  experienced 
in  the  execution  of  the  commercial  coDTcntion 
between  this  country  and  Great  Britain,  resulting 
from  the  entire  independence  of  this  class  of  men 
of  the  laws  of  the  Union  regulating  foreign  com- 
merce, and  which  hare  produced  serious  recla- 
mations on  the  part  of  the  British  Qovernment, 
may  suggest  the  propriety  of  extending  the  au- 
thority of  the  Federal  (iorernment  orer  them 
atlU  further  than  the  safety  of  the  rerenue  may 
require. 

More  effectually  to  guard  against  smu^ling 
«pon  our  inland  frontier,  it  ia  neceaaary  that  pro- 
Tiaioos  of  the  following  nature  be  adopted: 

1.  That  all  boala.  shift,  aad  aiber  craft,  of 
overy  aiaa  and  deaonptioa,  be  aoaapalkd  lo  enter 
«ad  olear  io  all  iba  walcra  botderiag  upoa  the 
Britiab  poaaeaaioaa  |  and  that  for  ererv  riolalloa 
of  this  prorision,  and  for  unloadftM  wuhont  aueh 
«Blry,  the  boat^  akift  or  eraft,  with  laald^  rig- 
ging, aad  cargo,  to  be  forfaiind. 

2.  That  atery  anvoa,  aleigb.  or  any  oiker 
vohiolau  ia  whi^  gaaia  are  foand  aaik|eet  to  da^ 
vbiob  have  aol  been  aalered,  aball,  with  Che  aeas 
bf  wkioh  thay  are  respaottvely  drawn^  cagetber 
with  tba  fooda^  be  Ibrfeiicd;  and  the  party  sbalL 

'an  of 


veri  Harieit  and  pay  doable  the  vidaa 
auch  ffomU. 

a  That  it  shall  be  lawful  for  aay  peraon  ioa- 
portiag  foreijinB  merehaadiae  by  land  from  the 
Dritiah  dooaioiona  in  Ameriea  to  enter  auoh 
fooda  at  the  offiee  of  the  neareat  deputy  eolleetor 
to  the  road  by  which  tfaejr  are  imported ;  and  in 
•U  eaaaa  where  gooda  ao  imported  ahall  be  foaad 
ttot  being  aatemd  after  hariag  paaaad  by  a«ah 


office,  thoT  aball  be  liable  to  aeixure  aad  ooadam- 
nation,as  being  illegaUjr  imported. 

Upon  the  wnole  of  our  ialaad  frontier^  border- 
ing upon  the  British  possessions,  ao  impreseioA 
geaerally  preraila  that  injustice  is  suffered  by  Ifae 
iahabitanta,  from  being  aubjectad  to  a  higher  tale 
of  duty  upon  all  meroluindise  imported  from  theao 
poaseasioas  than  is  paid  by  that  portion  of  their 
folia  w-citisens  who  receive  their  supply  of  foreign 
merohandiae  from  the  Atlantic  ports.  This  im* 
preasion  has  enlisted  the  feeling  and  aympatbiaa 
of  the  people  in  iavor  of  the  illicit  introduotlon  of 
foreifftt  merchandise,  by  which  the  fCTenua  ia 
l^eatly  defraaded,  in  ptoportioo  to  the  importa* 
tioBs  wbiofa  are  oaade  from  the  Bcitiah  paaaaa- 
aions.  The  loss  of  the  revenue,  however,  ia  bat 
a  secondary  objaca  in  the  eoaalderaAioa  of  tbia 
!  subiieet.  The  infloeniae  wbiob  the  eootbuiatiaa 
of  thia  atate  of  public  feeling  moat  neoeaaarily 
have  in  eorroptiog  our  oltizeaa,  and  produeUig  an 
babitoal  disreapeot  for  the  lawa^  demaada  iba  pa* 
cuUar  aftteniioA  of  the  Legiakuuire.  If  the  m« 
equality  ia  the  ooatribntiaas  paid  by  the  aoB* 
sumeta  of  merohandiae  imparted  faom  Canada 
can  be  deatroyed,  there  ia  joat  teaaoa  to  beyoBa 
tbat  pablio  opinion  will  upon  ibat  frontier,  bt 
enlisted  on  tbe  side  of  the  laws,  and  tbat  amUf- 
giiag  will  be  ooaaidered  aa  diagracefiil  there  aa 
on  tne  Atlantic  coast* 

It  ia,  therefore,  reapeetMly  aabnaitted,  wbetbor 
it  hi  not  expedient  to  provide  that,  In  all  eaaea  of 
importationa  into  tbe  United  Statea  from  duebee, 
Montreal,  ar  aay  other  commercial  town  in  the 
British  urritories,  the  duties  shall  ba  eatimated 
upon  the  cost  of  tbe  articles  at  tbe  place  of  oriffi* 
nal  parcbaae,  under  tbe  following  r^ukationa,  via: 

1.  The  merchant  from  whom  the  goods  are 
bought  in  the  British  dominions  shall,  before  the 
mayor  of  the  city,  or  a  judge  of  the  court  of 
record,  and  in  the  presence  of  the  purchaser  and 
importer  into  the  United  States,  produce  a  copy 
of  the  original  invoice,  and  swear  that  it  contains 
an  accurate  statement  of  the  price  given  for  the 
goods  described  in  their  then  state  of  manufac- 
ture. 

2.  The  importer  into  the  United  Statea  ahall 

Produce  the  copy  of  the  original  invoice  ao  vari- 
ed, and  also  a  copy  of  the  invoices  of  the  goods 
purchased  by  him,  accurately  exhibiting  the  cur- 
rent value  of  the  said  articles  at  the  place  of  pur- 
chase, and  which  has  been  paid ;  aad  shall  upon 
oath  dechire  to  the  correctness  of  the  latter,  and 
that  the  former  vras  verified  in  his  presence. 

The  adoption  of  regulations  of  thia  kind,  it  is  be- 
lieved, will  effectually  f  uard  the  revenue  against 
frauds  and  evasiona  arising  from  attempts  to  enter 
merchandise  below  its  realoost,  and  may  hare  the 
happiest  effect  in  discountenancing  smuggling  of 
tbe  most  flagrant  character,  and  io  restoring  pub- 
lic opinion  upon  thia  important  subject  to  a  aound 
and  healthful  state. 

The  district  of  Champlain  extends  from  tbe 
sboiea  of  Lake  Chamnlain  to  the  river  St.  Law- 
renoe.  The  watera  falling  into  the  former  aie 
aeparatad  from  tboae  falliag  into  tba  latter  by  a 


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-ABVtttbn  of  fke  ncvttiMB  Ijow§* 


\  riDge,  whiehy  in  a  great  measare,  in- 
sulates the  one  from  the  other. 

It  is,  therefore,  deemed  expedient  to  form  anoth- 
er aolleetion  district  of  that  part  of  the  Cham- 
plafn  district  which  lies  west  of  that  range,  in- 
etsding  the  northern  part  of  the  district  of  which 
Ogdenshnrff  is  the  port  of  entry. 

From  information  obtained  from  the  gentlemen 
who  trarersed  the  lakes  during  the  Summer  and 
Autumn  of  1816,  as  far  as  Lake  Superior,  for  the 
mirpose  of  determining  the  boundaries  of  the 
United  States,  according  to  the  provisions  of  the 
treaty  of  Ghent,  it  is  believed  that  the  paUio  in- 
ttrett  requires  that  a  collection  district  should  ba 
formed,  comprehending  the  shores  and  waters  of 
Lake  Superior  lying  within  the  United  States  and 
the  western  shore  of  Lake  Huron ;  the  port  of 
Mtry  of  the  district  to  be  at  the  falls  of  St.  Mary, 
•a  the  water  communication  between  those  lakes. 

Another  collection  district  also  appears  to  be 
necessary  in  the  western  extremity  of  the  State  of 
Louialana.  That  section  of  the  country  has  lately 
beta  the  scene  of  the  most  active  smuggling, 
emciallv  in  African  slaves,  from  Ghilveston. 
Although  the  suppression  of  that  establishment 
mmj  for  some  time  check  the  smuggling  practices 
wiiieh  have  been  carried  on  in  that  quarter,  yet 
tiMre  is  just  ground  to  apprehend  that  they  will 
be  resumed  from  other  points  of  the  same  coast,  un- 
less suitable  measures  of  prevention  areadoftfed. 

The  act  of  1799,  in  the  fifly-eiffhih  section,  fixes 
the  tare  which  shall  be  allowed  upon  packages, 
easkS|  d^.  therein  described,  containing  articles 
paying  speeifie  duties.  The  enumeration,  how- 
ever, IS,  by  practice,  found  to  be  imperfect.  The 
deiecu  have  been  supplied  by  regulations,  which 
are  probablv  not  unitorm  in  all  their  parts.  The 
statement  A,  hereto  annexed,  presents  a  list  of  the 
principal  items  embraced  by  those  regulations. 

The  act  of  the  27th  of  March,  1804,  which  im- 
poses specific  duties  upon  a  great  variety  of  arti- 
cles which  before  paid  ad  valorem  duties^  has 
made  no  provision  for  ascertaining  the  tare  of 
such  articles,  when  imported  in  packages,  dbc 
Statement  B  cpntains  an  enumeration  of  those  ar- 
ticles, with  the  tare  allowed  by  r^^ulation.  The 
propriety  of  establishing  those  rates,  by  law,  is 
respectfully  suggested. 

Under  the  navigation  act,  vessels  employed  in 
the  ooastiog  trade  are  subject  to  a  tonnage  duty 
of  fifty  cents,  unless  the  officers  and  three-fourths 
*  of  the  crews  are  American  citizens.  This  duty 
is  to  be  paid  upon  every  voyage  by  registered 
vessels,  and  once  a  year  by  licensed  vessels.    The 

5 roof  is  to  be  made  b^  the  collector,  to  whom  the 
uty  is  payable.  This  proof  is  much  more  easily 
made  at  the  port  to  which  the  vessel  belongs, 
than  at  the  port  to  which  it  is  bound.  It  seems^ 
therefore,  to  be  expedient  that  the  proof  of  citi- 
zenship should  be  tendered  to  the  collector  of  the 
port  from  whence  the  vessel  sails.  The  certifi- 
cate of  the  collector  should  be  considered  a  satis- 
factory evidence  by  the  collector  of  the  port  to 
which  the  vessel  is  bound,  unless  where  the  con- 
trary should  be  made  to  appear.  Every  change 
m  the  officers  or  crew  should  be  certified  by  the 


collector  of  the  port  where  sueh  efaange  is  made» 
It  is  only  by  reeordinff  such  changes,  as  they 
occur,  and  certifyinf  the  character  of  the  crew 
as  often  as  they  happen,  that  it  is  possible  for  a 
licensed  vessel  to  exempt  itself  from  the  payment 
of  fifty  cents  per  ton. 

The  act  of  1793,  for  registering  and  licenstag 
vessels,  is  considered  defective,  by  reason  of  not 
defining,  with  sufficient  accuracy,  the  condition 
upon  which  the  bonds  should  be  forfeited.  It  ia 
understood  that  the  courts  have  declared  theia  * 
void. 

The  bond  for  deUvering  the  register  of  a  vessel 
sold  to  foreigners  does  not  fix  the  time  within 
wiuch  the  register  shall  be  surrendered,  and  is, 
therefore,  generally  nugatory.  There  is  no  reoh 
edy  agminst  the  discharge  of  American  seamen 
in  foreign  ports,  where  the  vessel  is  sold.  If  th^ 
bond  should  embrace  this  object,  and  should  ba 
forfeited  in  six  months  after  the  sale  of  the  vessel^ 
if  the  register  should  not  be  delivered  within  that 
time,  where  the  sale  was  made  in  Europe,  and  * 
twelve  in  countries  beyond  the  Cape  or  uoo4 
Hope,  the  object  contemplaled  by  requiring  the 
bond  miffht  be  secured.  The  party  mipht  be 
permitted  to  send  the  sailors  home  at  his  own 
expense,  and  avoid  the  penalty  of  the  bond,  a^ 
far  as  that  condition  was  concerned. 

The  forfeiture  of  four  hundred  dollars,  for  de* 
parting  from  a  port  to  which  a  vessel  has  cleared, 
and  in  which  it  has  arrived  without  entering^  is 
believed  to  be  inadequate  to  the  object. 

The  act  of  Congress  intended  to  secure  to  the  a 
United  States  a  priority  over  individual  creditors, 
in  the  recovery  of  debts,  in  all  cases  of  the  insol- 
vency of  its  debtors,  has  been  found  to  be  inade- 
quate to  the  object  for  which  it  was  enacted. 
This  has  arisen,  in  some  decree,  from  the  provi- 
sions of  some  of  the  State  Taws,  by  which  liens 
are  obtained,  by  taking  out  attachments,  which 
are  levied  upon  the  property  of  their  debtors,  whea 
upon  the  brink  of  insolvency,  or  immediately 
arter  such  ibsolvency  is  known. 

As  no  doubt  is  entertained  of  the  justice  and 
propriety  of  securing  this  legal  priority,  in  all  • 
cases  connected  with  the  revenue,  or  with  the 
tenure  by  which  offiees  are  held  under  the  United 
States,  the  expediency  of  revising  the  act  relatiajg 
to  this  subject,  in  order  to  render  it  effecttial.  ia 
respeotfuUy  suggested. 

It  may  be  proper,  in  closing  this  report,  to  hrimg 
into  view  subjects  which,  thotigh  not  stricdy  ens* 
braced  by  the  resolution,  ouy  be  considered  as 
iUrfty  inoidental  to  it.  Ameof  these  may  he 
mentioned  the  inconvenience  and  k>s8  to  wliieli 
die  Treasury  is  subjected,  by  saSering,  in  pattie* 
ular  States,  landed  property  to  be  set  over  to  the 
United  States,  upon  appraisements,  in  disehaife 
of  debts  arising  from  custom-house  bonds.  The 
property  is  always  appraised  for  more  than  it  will 


sell;  it  has,  therefore,  been  generally  retai»ed| 
with  a  view  to  realize  the  sum  at  which  it  has 
been  received.  In  the  mean  time,  for  the  waat 
of  proper  agents,  or  indeed  agents  of  any  kiad,  it 
remains  not  only  unproductive  but  generaHf  b»> 
comes  less  valpable.    This  priaei{3e  seems  ta 


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AEPBIDIX. 


2888 


Rmaion  of  Ike  Betmme  Lam. 


litTe  hmn  adopted  from  a  respect  ta  the  State 
laws.  Its  ioeqaality  is,  however,  a  sufficient  ar- 
gument asainst  its  continuation,  independent  of 
the  loss  which  the  Treasurv  suffers  from  it.  In 
some  of  the  States  where  tne  United  States  are 
subjected  to  this  inconyenience,  the  States  have 
taken  better  care  of  their  own  interests,  by  ex- 
cepting them  from  the  operation  of  it.  If  the 
law,  in  this  regard,  is  not  changed,  it  will  be  ne- 
cessary to  authorize  the  appointment  of  agents 
in  those  States,  t^  take  charge  of  the  real  property 
of  which  the  Uoited  States  are  already,  or  may 
hereafter,  become  the  owners ;  or  else  it  will  be 
necessary  to  make  sale  of  them,  with  as  little 
delay  as  possible,  without  regard  to  the  loss  which 
may  be  incurred'. 

If  it  is  judged  expedient  to  legislate  upon  the 
subject  it  may  be  proper  to  authorize  the  sale  of 
those  lands  by  the  marshal,  with  the  power  to 
make  titles  to  the  purchaser.  Under  the  existing 
laws,  the  practice  is  for  the  Secretary  of  the  Treas- 
ury to  execute  the  titles. 

Should  the  principal  provisions  which  are  re- 
commended be  adopted,  the  importance  of  public 
warehouses  will  be  greatly  increased. 

The  appropriation  which  was  made  for  that 
object,  in  the  year  1816,  was  applied  by  the  late 
Secretary  of  the  Treasury,  to  the  purchase  of 
evatom-bouses  and  warehouses  in  Boston,  New 
York,  and  Philadelphia.  Measures  have  been 
taken,  during  the  last  year,  to  build  or  to  procure 
suitable  establishments  for  the  same  purpose  in 
Baltimore  and  in  Charleston.  Statement  C, 
which  is  annexed,  shows  the  application  of  the 
sum  appropriated,  and  an  estimate  of  the  sum  ne* 
cessary  for  the  accomplishment  of  the  object 
for  which  it  was  made.  It  may  be  proper  to  ob- 
serve, that  a  considerable  expenditure  will  be 
necessary  in  Philadelphia  before  the  object  of  the 
appropriation  can  be  effected. 

Statement  D  shows  the  application  of  the  appro- 
priation of  $50,000  for  purchasing  or  erecting,  for 
the  use  of  the  United  Sutes,  suitable  buildiogs  for 
■custom-houses  and  public  warehouses,  in  such 
jnueipal  district,  in  each  State,  where  the  Secre- 
tary of  the  Treasury  shall  deem  it  necessary,  for 
Ilia  aaCiety  and  convenient  collection  of  the  reve- 
ane« 

Usder  this  appropriatioo,  eustooa-housea  and 
public  warehouses  have  been  purchased  at  Forts- 
mouth,  in  New  Hampshire,  and  New  Haven,  in 
Connecticut.  Lots  have  been  purchased  at  Prov- 
idence, in  Rhode  Island,  and  at  Norfolk,  in  Vir- 
ginia. In  the  former,  a  contract  will  shortly  be 
made  for  the  erection  of  the  building.  The  price 
of  suitable  lots  in  Norfolk  and  in  Savannah,  and 
the  high  price  demanded  for  the  erection  of  build- 
ings in  those  places,  will  not  authorize  the  De- 
partment to  enter  into  any  engagements  for  the 
erection  of  necessary  buildings,  until  it  is  ascer- 
tained whether  an  additional  appropriation  will 
be  made  for  that  object.  It  may  not  be  improper 
to  state,  that,  in  some  of  the  ports  to  the  east- 
ward, houses  and  lots  have  been  set  over  to  the 
United  States,  which  are  represented  to  be  suit- 
able to  the  object  in  question.  The  commerce, 
15th  Con.  1st  Sxas.— 74 


however,  of  those  ports  is  inconsiderable,  and 
probably  will  remain  so  for  many  years. 
All  which  is  respectfully  submitted. 

WM.  H.  CRAWFORD. 
Theaburt  Dbpabtmsnt,  Jan.  17, 1818. 

Circular. 
Treasury  Department,  May  7, 1817. 

Sir:  A  general  impression  appears  to  prevail 
in  all  the  commercial  cities,  that  frauds  upon  the 
revenue  are  committed  to  considerable  extent,  by 
invoicing  merchandise  paying  an  ad  valorem 
duty,  which  costs  less  than  twenty-five  cents  the 
yard,  with  those  which  exceed  that  price,  so  as  to 
produce  an  average  value  above  twenty-five  cents 
the  yard,  and  thereby  introduce  coaree  and  cheap 
fabrics  without  paying  the  doty  contemplated  by 
the  tariff.  According  to  the  same  impression, 
frauds  of  a  more  glaring  nature  are  frequently 
committed  upon  the  revenue,  esnecii^ly  in  im- 
portations upon  consignment,  by  tne  introduction 
of  articles  not  described  in  the  invoices,  which, 
from  the  imperfect  manner  in  which  the  insi^eo- 
tion  of  the  packages  are  made,  escape  with  im- 
punity. It  IS  possible  that  this  impression  may 
not  be  correct  to  the  extent  that  it  has  been  made ; 
but  it  is  believed  that  a  due  regard  to  public  opin- 
ion upon  this  subject  requires  that  a  more  rigid 
inspection  than  has  heretofore  been  made  should 
now  be  attempted,  with  a  view  to  detect  the 
frauds  which  are  supposed  to  be  practised.  It  is, 
therefore,  proposed, 

1st.  That  a  certain  proportion  of  the  packages 
which  contain  goods  subject  to  ad  valorem  duties 
shall  be  selected  from  each  invoice  by  the  col- 
lector, which  shall  be  strictly  inspected,  with  a 
view  to  detect  frauds  which  may  be  attempted, 
by  putting  in  the  same  invoice  goods  of  greater 
and  less  price  than  twenty-five  cents  a  yard. 

2d.  That  a  certain  pro|>ortion  of  packages  pay- 
ing specific  duties  be  designated  in  like  manner 
by  the  collector,  which  shall  be  thoroughly  ex- 
amined for  the  purpose  of  detecting  any  attempt 
which  may  be  maae  tp  smuggle  articles  not  de- 
scribed in  the  invoice. 

3d.  That  the  proportion  of  paakagea  to  be  dae- 
ginated  by  the  collector^  on  importations  upon 
contigameat,  be  double  the  number  when  thf  par- 
son who  enters  them  is  the  owner  and  importer. 

4th.  That,  in  all  cases  of  consignment,  the 
packages  designated  shall  be  lodged  in  the  public 
warehouses  until  the  inspection  be  made. 

5th.  That  every  importation  shall  be  deemed 
to  be  upon  consignment,  unless  the  person  who 
makes  the  entry  shall  expressly  negative  the  fact 
in  oath  of  entry. 

In  order  that  the  inspection  directed  for  detect- 
iog  frauds  of  the  first  kind  may  be  skilfuUv  exe- 
cuted, the  inspector,  whose  habits  and  informa- 
tion qualify  him  for  the  discharge  of  that  duty, 
and  in  whose  judgment  and  fidelity  you  have 
most  implicit  confidence,  should  be  exclusively 
employed  for  that  purpose. 

As  it  is  an  object  of  importance  that  the  reve- 
nue system  should  be  rendered  as  perfect  at  poa- 


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AJfffBKDJSL 


2fm 


mate^tiu^SiMitg  f^tntL 


siUe,  and  tbat  ev^ry  attempt  to  evade  the  provi- 
sioDs  of  the  eiistiaf  laws  should  be  known,  you 
are  requested  to  eommanieate  to  this  Department 
every  circumsttnoe  of  that  nature,  accompanied 
by  suggestions  of  the  proTtaions  necetsary  to  re- 
press the  evil.  Wk  H.  CRAWFORD. 

A. 

Sugar,  in  canisters,  40  each ;  sugar,  in  seroons, 
8  per  cent;  cocoa,  in  seroons,  8  per  cent;  cheese, 
in  casks,  15  per  cent. ;  indigo,  in  cases,  15  per 
cent. ;  twine,  m  cases,  15  per  cent. 

B. 
Tares  aUovoed  by  eiutom,  July 
AlMendi,  bM[i»     - 
firuk,     - 

CaMta»  Chinesa,  boxes, 


Cinnamon^  boxes,  - 
Qovee,  ctsks, 
bags, 
Coirants,  ctsks,     - 
boxes,    • 
Figs,  boxes, 

male,  or  frails, 
Glue,  casks, 
boxes. 
Lead,  whiie,  in  oil, 
dry,    - 
red,  • 
Mace,  casks  or  boxes, 
Nntmegar  casks^     • 
bags,      - 
Ochre,  yellow,  in  oil, 

dry, 

Powder,  gun,  quarter  casks, 
half  hundred, 
whole  hundred 
Plums,  boxes, 
Pranes^  boxes, 
Raisins,  boxes, 
jar^ 


frails, 
drums. 


ApaBish  brown,  casks, 
met  iron,  boM,  - 
Tattqr. 


^,  18C 

14. 

i  per  cent. 

10 

do 

16 

do 

18 

do 

6 

do 

%5 

do 

IS 

do 

4 

do 

IS 

do 

10 

do 

10 

do 

4 

do 

SO 

do 

li 

do 

8 

do 

6 

do 

5 

do 

18 

do 

IS 

do 

4 

do 

13 

do 

10 

do 

5  each. 

9 

do 

3d 

do 

8  per  cent 

8 

do 

16 

do 

18  each. 

8 

percent. 

4 

do 

10 

do 

it  eadi. 

t 

do 

1«1 

MreesH. 

8 

de 

Tallow,  tabs,      .   • 
Fish,  dry,  casks,     - 

boxes,    .  -  - 

Snuff;  casks,  .  .  . 

boxes,         .  .  - 

Almonds,  cases,      .  .  - 

SteeU  cases,  .  .  . 

Spanish  brown,  in  oil  and  in  kegs, 
pigs,  casks,  -  -  - 

Almonds,  seroons. 
Pigs,  drums,     .     - 


15 
13~    do 


IS 
IS 


do 
do 


15      do. 
8      do 


8 
8 


do 
do 


IS      do 

10      do 

8      do 


Amouniofmotuy  tgpetiied  wndir4k$ aapnmruttUm 
0/  fS60,000  for  pnrndmg  mtUabU  ftai'MM^  fm 
the  eus/om-AotMet  at  Boiton,  New  YaNSf  4c* 
Amoont  of  apfpropriatioa,  -     |ES50,i00  00 

Expendttures: 

At  Boston,  $S9,000  00 

New  York,  70fiQ0  00 

Philadelphia,  39^600  50 

Baltimore,  60,000  00 


Unexpended  balance. 


1811,000  60 
«67,889  50 


In  conjunction  with  the  above-mentloiied  balsBce, 
it  is  estimated  that  there  wiU  be  required  the  farther 
sum  of  987,600  50  fi>r  the  following  ports,  viz : 
Baltimore,  ...  9SO,000 

PhUadelphia,  -  76,000 

Oharleeton,  60,000 

9156^ 


D. 

Statement  of  monevi  eacpended  and  eontraeied  to 

be  expended  under  the  t^proprioHon  of  #50,000 

for  purehasing  or  erecting  euiiabU  hunkingifhr 

euetom-houeea  andpubUe  warehoueee,  4c. 

At  Portsmouth,  New  Hampshire,     -  $8,000 

ProTidence, 3,000 

New  Haven, 6,000 

Norfolk,  0,000 


It  is  eetisaated  that,  in  additioii  to  tka 
balance  of  the  above-mentioned  appropriation, 
finthar  sum  of  #76,000  will  be  refutied  to 
tkee^eet 


SINKING  FUND. 

[Communicated  to  the  Senate,  February  10,  1818.] 
The  Commissioners  of  the  Sinking  Fund  respectfully  report  to  Congress  as  follows :  That  the 
measures  which  have  been  authorized  by  the  board,  subseoucnt  to  their  report  of  the  7tb  of  Febru- 
ary, 1817,  60  far  as  the  same  have  been  completed,  are  fully  detailed  in  the  report  of  the  Secretary 
of  the  Treasury  to  the  board,  dated  the  6tn  day  of  the  present  month,  and  the  statements  therein 
referred  to,  which  are  herewith  transmitted,  and  prayed  to  be  received  as  part  of  this  report. 

JOHN  GAlLLARD,  President  qf  the  Senate  pro  tempore. 


WASHwaTOH,  l)ibruary  7, 1818. 


J.  MARSHALL,  Chktf  Justice  pf  the  United  States. 
JOHN  aUINCY  ADAMS,  Secretary  of  State. 
WM.  H.  CRAWFORD,  Secretary  tf  the  Treasury. 
WM.  WIRT,  Attorney  GeneraL 


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M4t  Aprain>ix.  uiz 

dUtU  ofikt  Sinking  Fknd. 

Tbbumjbv  DfiFAATMAiiT,  February  7, 18(6. 
The  Secrbtart  or  thi  Treasury  fespectfdilf  reports  to  the  CommiFsioBeFs  of  the  Sialdog 

Fund: 

That  the  UdftDce  of  moneys  adTanoed  on  aeconnt  of  the  pahUc  debt)  remain- 
ing unexpBnded  at  the  cloae  of  the  rear  ISIS^  and  applicable  to  the  paj- 
menta  fiUllng  due  after  that  year,  which  balance,  at  appears  by  the  state- 
ment B,  annexed  to  the  last  annnal  repert»  ameonted  to  -  -       $38,650  94 

From  which,  howcTer,  is  to  be  deducted  a  snm  twice  credited  by  the  commii- 
sioner  of  loans  at  Boston,  and  included  in  Cc,  of  last  year,  and  which 
formed  a  part  of  that  balance,  since  corrected  by  Treasiuy  statement,  on 

said  loan  office  account  No  38,187, 18,440  00 

986,819  94 

Together  with  soma  disbnrsed  from  fte  Treasury  during  the  year  L816,  on  aeconnt  of  the 
raiaeipal  and  interest  of  the«pnblic  debt,  which  sums,  as  appears  by  the  rcTised  statement 
Cc,  accompanying  this  report,  amonnted  to  -  -  -  -  -  85,688,188  18 

Together  with  a  further  snm  arising  from  profit  in  exchange  on  remittance^  from  London  to 
Amsterdam  during  the  year  1816,  as  appeafrs  bf  an  explanation  thereof  annexed  to  tbe 
TreanuT  statement  No.  34,730, 18,688  67 

And  with  a  nirthor  snm,  i^iaing  from  damages  and  intenat  on  certain  protested  billf,  being  the 
difbrenoe  between  the  amoant  paid  for  said  bills  of  exchaoge  and  the  amount  recetred 
into  the  Treasuiy  in  repayment  thereof  ......  7,861  09 

A<oonntingb.togeaMcto    ....  ^86,734,448  88 

Bv9t  been  accounted  ibr  in  the  fiillowing  manner,  tiz: 

h  There  was  n^aid  into  the  Treasury,  during  the  year  1816,  on  account  of  the  principal  of  moneys  hereto- 
lore  adwMced  for  the  payment  of  the  principal  of  the  pnUic  debt»  mm  i^pears  by  the  statement  E,  annexed 
to  this  r^ort,  the  sum  of  -  -  -  • $988,138  19 

8.  The  snms  actually  applied  during  the  year  1816  to  the  payment  of  the  princinal  and  in- 
terest of  the  public  debt,  as  ascertained  by  accounts  rendered  to  this  Department, 
amounted,  as  appeals  by  the  ainexed  statement  A,  to  the  sum  of         *  $84,818,116  60 

In  the  reimburseaent  of  the  principal  of  the  old  6  per  cent  and  deferred 

stocks $1,668,184  18 

In  the  reimbursement  of  temporary  loans        .....  1,886J000  90 

Payment  of  the  principal  of  Treasury  notes    .....  14,167,49100 

17,064,615  18 
On  account  of  the  imereet  and  charges  of  the  same    ....      7467,500  48 

84,818,116  60 

There  was  transieired  from  the  fiinds  proiided  £ot  the  payment  of  interest  on  Louisiana  6  per 
cent,  stock  the  sum  ef  £9lXr  17t.  10^  sterlings  to  the  funds  provided  fi>r  the  diplon^atic 
department  abroad,  and  credited  by  the  agents  at  Amsterdam,  as  per  Treasuiy  statement 

No.  38,889 4,857  89 

Then  woe  a  loss  in  exchange  on  remittances  from  America  to  Europe,  during  the  year  1816, 

ae  appears  li^  statement  D,  annexed  to  last  report,  the  sum  of     -  7i(,ii0  94 

3.  The  balance  rematning  unexpended  at  the  close  of  the  year  1816,  and  applicable  to  pay< 
due  attar   '  ...  .     .      .         .    — 


filing  due  after  that  yeai^  as  ascertained  by  acooints  rendered  to  the  Treeeory 
H^partment,  amounted,  as  will  appear  by  the  annexed  statement  B,  to   -  -  •        680,496  80 

$85,734,448  88 

That  durmg  the  year  1817,  the  fi>llowing  diebnttemenyti  wen  made  out  of  the  Tieasui^  on  aooonnt  ef  the 
pwnripal  and  interest  of  the  public  debt,  tIz  : 
On  account  of  the  interest  on  the  fiinded  domeatie  debt  and  reimbunament  of  the  pnncipal  of 

the  old  and  deferred  6  per  cent  stocks $6»019,818  48 

On  account  of  the  principal  and  interest  of  temporary  leans— 

Reimbursement  of  principal      ......      $550,00000 

Ferment  of  intereet      -  - 18,106  16 

568,196  16 

On  account  of  principal  and  interest  of  Treasury  notes  .....      3,598,987  69 

On  account  of  the  principal  and  interest  of  the  Louisiana  stock  payable  in 

Europe— 

On  account  of  the  reimbursement  of  principal            ...         419,189  74 
Payment  of  interest 388,389  69 

747,519  48 

Onaccountof  the  reimbursement  of  the  domestic  debt  .....    14,955,78986 

Amoontiiig,  together,  ae  will  oppear  bj  the  auaied  list  of  wairasti  mafked  C,  to  ^e  sum  of  $85^888^890  08 

Digitized  by 


Si48  APPBNDEL  lUt 

auUcfUtt  SMeiHg  Fkmi. 

Whieh  diibonemeBts  were  made  o«t  of  the  fbltowing  fondf»  ^h : 
1.  Fioni  the  annoal  ftpmpiUtkiii  of  ten  mUlions  of  doUws  lor  the  jear  1817,  •freoeU j  to  the 
second  eeetbn  of  the  act  to  proTide  for  the  redemptton  of  the  public  deb^  paaeed  the  3d 

March,  1817 •10,000,000  00 

And  the  additional  ram  appropriated  bj  the  third  leetion  of  the  laid  act         -  -  -      9,000,000  00 

Andeomnchoftheramorfoor  millionadeaignatedin  (he  laidaection  of  that  act      -  -      2,890,108  62 

And  paid  from  tiie  fnnde  "  ariaing  from  the  proceeds  of  duties  on  merchandise  imported,  and 
on  the  tonnage  of  ▼esseli^  and  from  the  proceeds  of  internal  duties,  and  of  toe  fake  of 
Western  lands,''  agreeably  to  the  said  act. 
S.  From  repayments  into  the  Treasury  on  account  of  moneys  heretofore  advanced  for  the  pur- 
chase of  bills  of  exchuige,  for  the  payment  of  interest  and  reimbursement  of  the  funded 

debt,  and  of  Treasury  notea 400,564  80 

8.  From  (he  appropriation  by  law  in  relation  to  Treasury  notes,  being  the  amount  of  pay- 
ments for  principal  and  mterest  of  Treasury  notes  at  the  Treasury,  and  for  which  warrants 
were  issued  for  payment  as  per  foregoing  recited  statement  C      -  •  -  •      3,59t,9tn  00 

Make  the  amount  paid  upon  warranti,  as  before  stated  .....    35,883,600  93 

That  the  disbursements  aboTO  mentioned,  together  with  the  balance  before  stated*  which  re- 
mained unexpended  at  the  end  of  the  year  1816,  amounted  to       -  -  -  -         520,496  80 
With  two  items  of  gain  on  remittances  for  (he  redemption  of  the  Louisiana  6  per  cent,  stock, 

and  for  the  psyment  of  intereit  on  eaid  stock,  as  per  statement!  D  and  Dd,  amounting  to  8,512  50 

26^407,610  31 
HaTO  been  accounted  for,  so  far  as  respects  the  redemption  of  the  ftinded  debt,  under  the  act 
passed  the  3d  March,  1817,  and  as  exhibited  in  a  particular  statement  of  its  application,  m 
per  statement  F  annexed,  and  which  is  rendered  as  a  part  of  this  report  •  .  -    14,065,736  26 

The  residuary  balance  of  ....  -  $11,451375  06 

Will  be  accounted  for  in  the  next  annual  report,  in  conformity  to  the  accounts  which  shall  have  been  ren- 
dered to  this  Department 

In  the  meantime,  the  manner  in  which  the  said  balance  has  been  applied  is  estimated  as  follows : 
In  the  reimbursement  of  the  old  and  deferred  6  per  cent,  stocks  for  1817        -   $1,603,997  70 
In  the  reimbursement  of  temporary  loans        .  .  •  .  .         550,000  00 

Towards  the  redemption  of  the  Louisiana  6  per  oent  stock     ...         419,189  74 
Inthepaymentof  the  principal  of  Trearary  notes      ....      3,058,23400 

Principal  -  •  -      5,631,421  44 

In  the  payment  of  interest  on  the  frinded  debt,  temporary  loans,  and  Trearary 

notes,  as  per  estimate  F-  -  -  -  -  -  6,890,495  79 

$12,021,917  28 

In  the  next  annual  statement  the  repayments  in  1817  wfll  be  exhibited  aa  a  deduction  from 
the  total  amount  of  warrants  inued  fer  the  public  debt  for  that  year,  and  of  which  &ey 
form  a  part,  to  the  amount  of-  -  --  .  .  .  -         460,564  80 

12,482,482  08 
As  tiie  frrads  in  the  banks  from  which  a  part  of  the  above  payments,  to  the  amount  of 
$12,021,917  23;  were  not  covered  by  warrants  until  after  the  31st  December,  1817,  the 
amount  thereof  forms  a  deduction,  and  wiU  appear  in  tiie  next  annual  statement  •      1,030,606  07 

Leasrea  ihe  amount  of  the  residnaiy  sum,  aa  before  stated,  of  ....  -  $11,451^75  06 

The  statement  G,  accompanying  this  report,  exhiMts  a  sum  provided  abroad  to  be  applied  to 
^e  payment  of  the  mterest  on  the  6  per  cent  Louisiana  stock,  at  London  and  Amsterdam, 
totheamountof $220,604  84 

The  amount  of  protested  bills  returned  for  non-payment,  and  which  remain  to  be  recovered, 

aa  per  list  herewith  included  in  statement  O         -  -  .  -  - ,       135,072  52 

^  $355,767  86 

That  funds  were  provided  for  the  payment  of  the  Treasury  notes,  which,  by  the  last  report  to  the 
board,  remaioed  unprovided  for  and  unpaid;  and  that  the  examination,  cancelment,  and  final  ad- 
JQstraenc  of  that  medium  of  circulation  is  in  full  operation  at  the  Treasury. 

That  all  temporary  loans  have  been  discharged. 

That  agreeably  to  the  act  passed  last  session,  and  in  pursuance  of  the  directions  of  the  board,  all 
certificates  for  funded  stock  redeemed  that  bad  been  issued  are  in  a  coarse  of  beins  cancelled  and 
destroyed.  * 

th^i!l*i!21°*  ^Vy^^  ?.!*  a?n«^f  <>>  which  exhibits  the  amount  of  the  debt  of  the  United  States  oq 
me  1st  January,  1818.    All  which  is  reapectfuliy  submitted.  WM.  H.  CJEtAWFORD. 

Digitized  by  VjOOQIC 


2846 


APFENDDL. 


2SM 


Jhdidginte  fo  Purckoien  of  PnbUe  La$id$. 


INDULGBNOE   TO   PURCHASERS  OP  PUB- 
UC  LANDS. 

[Communicated  to  the  Senate,  March  27, 1818«] 
Treasury  Dbpartmbnt, 
March  27, 1818. 

Sib:  I  hare  the  honor  to  acknowledge  the 
receipt  of  your  letter  enclosing  the  resolation  of 
the  Senate  of  the  25th  instant,  instrncting  the 
Committee  on  Finance  ^*  to  inquire  into  the  ex- 
pediency of  extending  further  time  to  the  pur- 
chasers of  public  lands  to  complete  their  pay- 
ments for  the  same." 

In  answering  your  request  for  information 
upon  this  subject,  I  have  the  honor  to  obserre, 
that,  in  general,  the  means  of  meeting  with  punc- 
tuality the  demands  of  the  GK>Ternment  upon 
the  purchasers  of  public  lands  have  never,  at 
any  period,  been  more  ample.  If  the  seasons 
have  for  sevend  years  past  been  unfavorable  to 
abundant  crops,  the  high  price  which  the  surplus 
of  those  crops  have  commanded  has  amply  re- 
warded the  labors  of  the  husbandman. 

The  inability  of  the  purchaser  to  comply  with 
his  engagements  to  the  Government  must  be 
sought,  if  it  exists,  in  other  causes  than  the 
want  of  liberal  prices  for  his  surplus  products. 
It,  in  fact,  is  to  be  found  in  the  inundation  of 
certain  sections  of  the  Union  with  a  paper  cur- 
rency, which,  without  possessing  the  essdntial 
properties  of  a  circulating  medium,  has,  by  the 
facility  with  which  it  has  been  obtained,  exclu- 
ded from  circulation  the  bills  of  banks  of  more 
established  credit  and  of  more  general  currency. 
In  order  to  diminish  the  pressure  which  was  ap- 
prehended in  passing  from  paper  to  specie  pay- 
ments by  the  banks,  during  the  Winter  and 
Spring  of  1817,  the  paper  of  all  incorporated 
banks  which  ostensibly  discharged  their  bills  in 
apecie  was  received  by  the  collectors  and  re- 
eeivers  of  public  money.  At  that  period  there 
was  in  the  public  treasury  more  than  a  million 
and  a  half  of  the  bills  ot  various  banks,  which 
were  not  current,  and  was  therefore  inapplicable 
to  the  current  expenses  of  the  Qovernment.   By 

fiving  time  to  the  baaks  by  which  these  bilu 
ad  been  issued,  it  was  hopied  that  they  would 
be  able  to  redeem  their  notes  by  establishing 
crediu  with  banks  of  greater  stability  and  of 
more  extsusive  crediL  In  manv  instances  this 
expectation  has  been  realized;  but  the  diminu- 
tion, thus  effected,  has  been  nearly  balanced  by 
the  receipt  since  that  time  of  the  bills  of  banks 
which  will  not  be  entered  as  specie  to  the  credit 
of  the  Treasury  by  the  Bank  of  the  United 
States,  iu  ixfficei,  or  State  banks  emplojredas 
offices  of  deposite.  It  is  a  fact,  that  there  is  now 
in  the  Treasury  more  than  a  million  of  dollars 
of  special  dfposite,  which  cannot  be  immediately 
applied  to  the  emergencies  of  the  Qovernment. 
To  bring  an  evil  of  this  magnitude  to  a  termi- 
nation as  prompt  as  the  pubuc  interest  would 
permit,  the  collectors  and  receivers  of  public 
monay  tluroughout  the  nation  have  been  instruct- 
ed to  receive  in  payment  of  duties,  taxes,  and 


public  lands,  nothing  but  current  specie,  the  bills 
of  the  Bank  of  the  United  States,  its  offices,  and 
State  and  other  local  banks  employed  as  offices 
of  deposite,  and  the  bills  of  such  other  banks  as 
will  be  received  by  them  and  credited  as  specie 
for  the  use  of  the  United  States.    It  may  be 

§  roper  to  observe,  that  the  Bank  of  the  United 
•tates  and  its  offices  receive  as  specie  the  bills  of 
all  local  banks  which  pay  specie,  that  are  estab- 
lished in  the  places  where  that  bank  and  its  oflices 
are  respectively  established.  The  local  banks 
employ^ed  as  offices  of  deposite  by  the  Bank  of 
the  United  States  have,  it  is  believed,  j|[eaerally 
adopted  the  same  rule.  The  enclosed  list  of  the 
offices,  and  local  banks  employed  by  the  Bank  of 
the  United  States  in  that  character,  will  enable 
the  committee  to  form  some  estimate  of  the 
number  of  banks,  the  bills  of  which  are  receiva- 
ble by  the  Qovernment  under  the  existing  regu- 
lations. The  number  is  not  accurately  ascer- 
tained, but  it  is  presumed  that  the  number  of 
State  and  local  banks,  the  bills  of  which  are  re* 
ceived  in  all  payments  due  to  the  Qovernment^ 
exclusive  of  those  which  are  employed  as  offices 
of  deposite,  cannot  fall  short  of  one  hundred. 
From  this  view  of  the  subject,  it  is  manifest  that 
no  pressure  can  be  produced  by  the  instructions 
which  have  been  recently  given  to  the  collectors 
and  receivers  of  public  money,  except  in  those 
sections  of  the  Union  where  the  multiplieation, 
of  local  insulated  banks,  with  little,  and,  in  some 
casesj  no  capital,  have  driven  from  general  cir- 
culation the  paper  of  banks  whose  credit  is  per- 
fectly established.  The  bills  of  such  banks  are 
driven  from  circulation  within  the  immediate 
sphere  of  the  circulation  of  the  local  bankS|  by 
their  assuming  the  character  of  articles  of  com- 
merce, the  value  of  which  is  continually  flnctn- 
ating,  but  always  of  greater  value  than  the  bills 
of  such  local  banks.  As  articles  of  commerce, 
they  are  exported  from  the  districts  of  conntrf 
inundated  with  the  bills  of  local  and  insulated 
banks.  By  this  course  of  things,  the  inhabitanti 
of  such  districts  are  unable  to  procure  any  other 
bills  than  those  of  the  little  local  banks,  which, 
compared  with  the  bills  of  the  Bank  of  the  Uni- 
ted States,  and  of  those  of  the  banks  which  are 
received  by  that  bank  and  iu  offices,  are  greatly 
depreciated.  These  bills  cannot  be  received  by 
the  Qovernment  consistently  with  the  pnblic  in- 
terest, or  with  the  obligations  imposed  upon  the 
Secretary  of  the  Treasury  by  the  existing  lawi* 
To  pay  the  demands  of  the  Qovernment  in  those 
districts  in  any  ot^er  than  the  bills  of  the  local 
banks  will  subject  the  debtms  for  public  lands  to 
a  loss  equal  to  the  depreciation  of  those  biUs 
compared  with  the  bills  which  are  receivable. 
The  expediency  of  extending  the  time  of  pay^ 
ment  depends  upon  the  difficulty  and  the  loss  to 
which  the  pubuc  debtors  will  be  subjected  by 
refusing  to  receive  depreciated  paper  in  satisfae- 
tioa  of  their  debts.  The  state  of  the  Treasury 
does  not  render  it  expedient  to  press  unnecesmr 
rily  upon  the  public  debtors.  The  only  ground 
upon  which  the  expediency  of  the  mearare  wnj 
be  questionable  i^  that  the  evU  from  which  le- 


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APFEHDIZ. 


Sittiglium  tf  PubHc 


litf  is  iot«ii4ed  to  be  fitea  is  the  ercetioa  9i 
tbeee  who  are  to  be  Telte^ed.  The  eve&ts  of  the 
kit  AmoDiD  end  Winter,  in  the  tectkni  of  the 
eouitry  where  the  expedienej  of  exteiMliiig  the 
tine  of  payment  alone  eilsta,  ate  calenlatei  to 
woioee  an  inapreetion  that  the  came  of  the  etHL 
w  not  there  nndertteod,  and  that  it  will  probabfy 
be  ioereated  nntit  this  important  discerer j  ebaii 
be  made. 

I  hare  the  honor  to  be,  yonr  mott  obedient 
•errant 

WM.  H.  CRAWFORD. 

H0».  G.  W.  CAMPBtLL, 

Chairman  CommUieeon  JVncmce. 


8BTTLBMBNT  OP  FUBUO  ACCOUHTS. 

[CeniBranicated  to  the  Senate^  lannaiy  M>  1818.] 

In  obedienee  to  a  resoivtion  of  the  Senate  of 
the  11th  of  December,  ISn^nooirtng  tke  Seere- 
tnj  of  the  Treasury  "  to  lay  Wore  the  Semite 
informatioo  of  the  prof  ress^ieh  has  been  made 
in  the  settlement  o«  pnblic  aooouBU,  nnder  the 
aet  *  to  pRiTide  for  the  prompt  settlement  of  pab- 
Ue  aeeoants  f  and  that  h«  alto  sute  what  further 
legal  proTttioDs  may  be  necessary,  in  his  optnioB, 
to  insure  the  speedy  settlement  of  poblie  ae*- 
eounts,"  I  hare  the  honor  to  submit  the  enelosed 
reports  of  the  First  and  Second  Coasptrollers  and 
the  fire  Auditors  of  the  Treasury. 

From  them  it  appears  that  that  portion  of  the 
pi^Ue  neconnta  which  are  subjeeted  to  the  exam* 
hia^n  of  the  Seoend  and  Fourth  Audttors  hare 
been 'Adjusted,  m»d  that  the  books  of  those  offieers 
hare  been  brought  up  to  the  1st  day  of  the  last 
month. 

In  the  office  of  the  First  Auditor  astich  remains 
to  be  done  beforis  the  accounts  sobiieoled  to  the 
examination  of  that  officer  can  be  adjusted. 

The  imposition  of  the  internal  and  direct  taxes 
in  the  year  1818,  and  in  the  subsequent  years, 
together  with  the  embarrassment  produced  hj 
the  issue  of  Treasurv  notes  bearing  interest,  (each 
of  which,  in  itsflnni  redemption  or  payment  into 
the  Treasury,  not  only  presented  a  complicated 
iccount  inToitiag  genemily  sevemi  calculations 
cf  interest,  but  rendered  the  aceoUnt  of  e^ery  offi*> 
cer  through  whose  hands  it  passed  eactremeiy 
eomplez,)  greatly  increased  the  duties  of  this 
officer  and  of  the  First  Ck>mptrolkr  ef  the  Treas- 
ury. This  increase  in  the  duties  of  those  officers 
was  loot  attended  by  a  correspondent  increase  of 
the  tmne  pfoced  at  their  disjKwitien  for  the  per> 
formance  of  the  services  required  of  them. 

mie  great  number  of  banxs  which  beoane  the 
depositories  of  the  public  money  after  the  disso- 
lution of  the  late  Bank  of  the  United  Slates,  and 
particularly  after  the  derangement  of  the  ourren- 
cy  in  the  year  1814,  together  with  thecomplcslty 
kitroduoed  ha  the  accouats  of  the  Secretary  of 
^  Treasury,  and  of  the  Treasurerof  the  United 
Butesi  by  the  subdiTtsion  of  the  public  rerenue 
me  cash,  qKoiai  depositee  email  Treasury  notes, 
end  Treasury  notes  beariag  interest,  had,  during 


ihe^eaiul816  and  18t«.  prtMced  uoIm  iivig^. 
larity  in  the  accounts  of  these  two  officers,  which 
it  has  required  much  labor  and  assiduity  to  cor^ 
recu 

This  circumstance,  and  the  other  causes  which 
hate  been  state^  hate  necessarily  produced  in 
the  office  of  the  First  Auditor  of  the  Treasury  a 
considerable  arrearage  in  the  settlement  of  the 
accounts  confided  to  him.  8o  hr  astheaceotmts 
of  the  Secretary  of  the  Treasury  are  eoBae<^tod 
with  this  arrearsge,  the  cause  of  delay  hMB  bet 
removed.  The  aooUtion  of  ^m  internal  dotiea 
will  consMerablt  diminish  the  kboti  of  the  Flm 
Auditor,and  will  enable  him  to  sMile  with  prom<» 
titude  the  accounts  which  are  examinable  in  his 
office. 

The  accounts  assigned  to  the  FMi  Auditor  oC 
the  Treasury  were  greatly  in  arrear.  Thtt  offi- 
cer, however,  believes  that,  with  the  number  of 
clerks  subject  to  his  direction,  he  will  be  able  to 
examine  and  report  upou  them  without  unuecea- 
sary  delay. 

In  the  office  of  the  miid  Auditor  of  the  tVe*- 
sury,  where  M  the  M  accounts  of  the  War  De- 
partment are  to  be  examined,  a  great  masa  of 
accounts  remain  unsettled.  It  is  in  that  offieb 
where  the  greatest  difficoltiee  are  to  be  surmomw^ 
ed,  where  remedies  of  the  moat  enerretic  cbuMNF- 
ter  are  required.  By  referring  fo  the  report  of 
that  officer,  it  wiM  be  found  that  the  nx»t  senoos 
obstacle  to  the  prompt  settlement  of  the  pobKe 
accounts  is  the  want  of  power  to  compel  deitft- 
quent  officers  to  render  their  accounts  and  vouch- 
ers. In  the  Pay  Department  it  is  extreuaely  un- 
safe to  settle  the  accc«nts  of  any  paymaster  untfl 
the  accounts  and  vouchers  of  every  paymusnr 
employed  in  the  same  part  of  the  comiry  aie 
rendered. 

The  ftaaie  observation  applies  wiili  ueatty  the 
same  force  to  the  Quartermaster^  Department. 
The  great  mass  of  officers  employed  in  both  &f 
these  departriients  during  the  use  war,and  wfioee 
accounts  are  still  unsettled,  are  now  out  of  ofioe. 
Should  a  small  number  of  these  officers  obsdnnto- 
ly  withhold  their  accounts  aAd  vouchers,  ihe  a«t- 
tiemeni  of  the  accounts  ef  the  others,  as  well  m 
their  own,  will  be  indeilnitely  protmeted,  unlem 
the  power  bf  coercing  settletnents  shall  be  greatly 
extended.  At  present,  the  means  of  eompelljiig 
delinquent  officers  to  render  their  acoonnss  and 
vouchers  for  settlement  consist,  Isl.  In  ordering 
an  action  to  be  brought  against  the  dcllnqumii, 
upon  the  trial  of  which  no  voucher  is  admissible 
which  has  not  previously  been  presented  to  the 
aocountiog  offieers  of  tlie  Treasury;  2d.  the 
forfeiture  of  commissiods,  and  t^e  paynaent  of 
interest  at  the  rate  of  6  per  cent,  f^om  the  tiise 
the  money  was  received  until  it  is  repaid  into  the 
Treasury,  if  the  final  judgmeat  should  <>e  ia  Ih- 
vor  of  the  United  Stales;  and,  3d.  The  payment 
of  costs,  whether  the  judgmmlt  is  for  or  aguMc 
the  defendant 

The  first  is  found  in  practice  to  be  wholly  in- 
efficient, as  the  party  never  fails,  under  the  thifd 
and  fourth  sectiooe  of  the  act  whldi  conlatea 
these  provisions,  to  have  hie  retaiued  Toucbera 


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l^eaMited  to  tfat  Tietsorf  after  the  eommcoee* 
m«Bt  of  the  aetioD.  ao  as  to  renotre  that  objeetioa 
to  their  legal  adnueaibility.  The  payment  of  ia- 
terest  from  the  time  the  money  was  receired 
nntil  it  is  repaid  into  the  Treasury  is  aothiog 
■lore  than  what  is  required  hy  the  ordinary  de- 
mands of  justify  and  can  hardly  be  ooasidered  as 
a  peaallT.  The  forfeitore  of  the  commissions  to 
whioh  tae  party  would  have  been  entitled  bad  he 
acted  correctly  is  geaeraliy  more  than  balanced 
hy  the  beaeftt  derired  from  the  possession  of  the 
pnUic  money  for  the  length  of  time  which  gen- 
erally elafses  before  the  sum  embezzled  can  br 
Icffal  process  be  wrested  from  the  delinquent.  A 
reference  to  the  acts  of  the  3d  of  March,  1795, 
and  of  the  dd  of  March,  1797,  which  contain  the 
]>rincipal  prorisions  for  the  recorery  of  debts  due 
the  United  States,  will  furnish  some  idea  of  the 
delays  to  which  tne  settlement  of  the  public  ac- 
counts must  acoeseartly  be  subjected  where  the 
aoeomts  of  the  delinquents  are  not  connected 
with  those  of  other  officers;  but  where  they  are 
conaeeted  with  the  aoeounts  of  a  great  number 
of  o^r  officers,  the  delays  which  must  necessa- 
rily resttlt  oa  aocount  of  the  refusal  or  neglect  of 
a  small  number  ef  them  to  render  their  accounts 
and  vouchers  may  be  eonsidered,  with  respect  to 
am  practioal  result,  as  inienninable. 

It  is  therefore  respeetfaUy  sugaested  that  fur- 
ther prorision  he  made  for  eompeliing  the  officers 
of  the  Goremment  to  whom  the  dislrarsement  of 
tha  public  money  is  confided  to  render  their  ac- 
counts and  f  oueheis  at  stated  periods.  As  long 
as  the  officer  remains  in  office,  the  power  ef  re- 
moval rested  in  the  Ezecutire  Department  may 
be  coasidered  sufficient  for  this  purpose^  but  when 
yMit  power  has  hem  eacereised,  or  when  the  office 
has  in  any  other  way  become  fmeant,  the  means 
of  ooereiag  a  settlement  are  extremely  defective. 
For  A  defiaitiea  of  the  power  which  ought  to  be 
▼eeted  in  the  officer  charged  with  the  eoUectioa 
itf  diebts  due  to  the  Uaited  StatM,  as  well  as  for 
the  general  veasonkg  on  this  subject,  the  Senate 
ie  respeotfoUy  referred  to  the  report  of  the  Seere- 
laiies  of  tJhe  diierent  departments,  made  upon 
tiiis  sabjeet  lo  that  honorable  bodv  on  the  6th  of 
December^  1816,  and  to  a  letter  mm  the  same 
offieem  to  the  chairman  of  the  committee  to  whom 
that  part  of  the  President's  message  refaiting  to 
ohanges  in  the  orgaaiaation  of  the  departments 
was  referred  in  the  House  of  Representatives, 
bearing  date  the  3l8t  day  of  December  of  the 
same  year. 

The  views  and  o^nions  presented  in  tboee  pa- 
pers not  only  remain  unohaaged,  but  have  ae- 
^airedi  additieaal  £eree  from  the  eaperieaee  of  the 
past  year.  The  moaay  remaining  in  the  hands  of 
the  officarsemployeddttriog  the  Mt  war,  whose  ae- 
coaau  remain  uasettled^mostbe  very  eoasiderable. 
In  several  cases  where  they  have  rend«red  their 
accounts,  and  admit  considerable  balaaocs  to  be  in 
their  haads,  they  have  refused  to  pav  over  the 
balance  until  their  accounts  are  finaUy  settled ; 
which,  from  the  ezplaaatioas  already  given,  may 
be  protraded  to  a  period  so  reiBote  as  to  sabjeet 
the  Qovernment  to  the  eventual  loss  of  the  whole 


from  the  death,  iasolvency,  or  emigration  of  the 
principal  and  sureties. 

If  the  power  recommended  by  the  reports  re- 
ferred to  should  not  be  vested  in  the  Qovernment, 
some  provision  for  promptly  enforcing  the  pay- 
ment of  sums  admitted  to  be  in  the  hands  of  offi- 
cers no  longer  employed  is  certainly  necessary. 
The  propriety  of  absolutely  rejecting,  on  the  trial 
of  any  action  brought  against  a  delinquent  officer, 
every  voucher  which  had  not  been  presented  to 
the  accounting  officers  of  the  Treasury  before  the 
commencement  of  the  action,  is  respectfully  sug- 
gested. 

independent  of  the  changes  proposed  in  the  e>- 
isting  provisions  upon  this  subject,  the  appoint- 
ment of  aa  officer  wao  shall  be  exclusively  charged 
with  the  power  of  instituting  and  superintending 
all  actions  brought  by  the  United  Smtes  for  the 
recovery  of  money  is  afain  respectfullv  submitted 
to  the  consideration  ofthe  Senate.  This  recom- 
mendation is  founded  upon  the  fullest  convic- 
tion that  the  duties  now  required  of  the  Fket 
Comptroller  ofthe  Treasury,  cannot  be  correctly 
performed  by  any  officer  whatever.  The  revisioa 
of  accoonu  reported  to  that  officer  by  the  First 
and  Fifth  Auditors  of  the  Treasurv,  and  by  the 
Commissioaer  of  the  General  Land  Office,  if  re- 
vision is  intended  to  be  any  substantial  check 
upon  the  acu  of  those  officers,  must,  by  every 
person  who  will  uke  the  trouble  to  exasHne  into 
the  subject,  be  ccMisidered  sufficient  to  command 
the  whole  of  his  time  and  attention. 

It  is  not  expected  that  the  principal  officer  in 
the  primaryr  or  secondary  departments  of  the  Qov- 
ernment, will  be  able  minutely  to  examine  every 
case  upon  which  the^r  decide ;  but  unless  it  is  un- 
derstood that  a  certain  portion  of  the  cases  will 
be  so  examined,  a  degree  of  negligence  and  laxity 
on  the  part  of  the  subordinate  officers  in  those 
departments,  whether  principal  or  secondary,  may 
ably  be  expected.  The  gradation  from 


intentional  error  to  wilful  negligence,  and  from 
the  latter  to  the  practice  of  deception,  is  gentle 
and  almost  imperceptible.  The  principal  officer 
of  each  office  is  responsible  to  the  nation  for  the 
correct  discharge  of  the  duties  required  of  him. 
and  kgal  cheeks  have  been  devised  to  correct  and 
delect  the  errors  which  may  be  committed  in  the 
execution  of  their  public  functions.  The  oIciIdb 
or  subordinate  officers  are  reoponsible  to  the  chief 
of  the  office  for  the  correct  discharge  of  their  du- 
ties ;  the  only  check,  however,  which  he  possesses 
is  the  examinatioo  which  he  is  able  to  make  of 
their  official  acts  before  they  receive  his  official 
signature.  If,  then,  the  duties  required  of  any  d&- 
cer  are  so  mat  and  multifarious  as  to  prevent  bis 
giving  to  the  acts  of  his  subordinate  officers  such 
an  examination  as  will  reader  the  detection  of  any 
errors  which  may  be  committed  by  them  prob- 
able, there  is  imposed  upon  him  the  highest 
responsibility,  without  the  adequate  means  of 
acting  up  to  that  responsibility. .  Such  is  believed 
to  be  the  situation  of  the  First  Comptroller  of  the 
Treasury. 

The  correspondence  which  he  is  compelled  to 
carry  on  with  the  oolleetors  of  the  customs,  the 


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district  attorneys,  and  tke  manhals,  will  afibrd 
ample  empbyment  to  an  actire  and  intelligent 
officer,  aided  by  a  recording  clerk.  Should  it, 
however,  be  deemed  ad?isabTe  to  continne  ^ith 
the  Comptroller  the  duty  of  corresponding  with 
Xhe  collectors  of  the  customs,  and  deciding  upon 
legal  questions  arising  under  the  revenue  laws, 
4he  officer  proposed  to  be  appointed  might  find 
ample  employment  by  being  charged  with  the 
light-house  establishment,  which  is  now  under 
the  superintendence  of  the  Commissioner  of  the 
Rerenue.  He  might  also  be  directed  to  perform 
any  other  duty  which  the  President  of  the  Uni- 
ted States  might  think  proper  to  require  of  him. 
From  the  best  view  of  the  subject  which  I  have 
been  able  to  take,  the  appointment  of  a  Solicitor 
of  the  Treasury  appears  to  me  to  be  indispensa- 
ble, without  any  reference  to  the  decision  or  Con- 
gress upon  the  changes  which  have  been  proposed 
to  the  laws  relating  to  the  ooUection  of  debts. 

If  such  an  office  is  not  created  by  l&w,  it  must 
#just  in  fact,  as  the  Comptroller  of  the  Treasury 
must  of  necessity  delegate  to  one  of  his  clerks  the 
power  of  corresponding  with  the  district  attor- 
neys and  marshals,  and  hold  him  responsible  for 
the  due  execution  of  that  duty,  without  being 
able  to  examine  his  acu  in  a  manner  necessury 
to  the  exercise  of  a  salutary  check  upon  them. 

The  opinion  expressed  by  the  Second  Auditor 
of  the  Treasury,  relative  to  the  distribution  of  the 
accounts  of  the  War  Department  between  the 
Second  and  Third  Auditors,  is  entitled  to  consid* 
eration  \  but  there  is  some  reason  to  believe  that 
the  inconvenience  of  which  he  complains  is 
rather  the  result  of  ignorance  or  negligence  in 
the  officers  who  make  returns,  than  of  any  defect 
in  the  distribution  made  between  those  officers. 
The  evil  will  necessarilv  diminish  by  time  and 
experience.  The  irregularity  in  the  returns  of 
the  quartermasters,  military  storekeepers,  and 
commissaries,  will  be  corrected,  by  instructing 
them  how  to  make  their  returns.  It  is  not  be- 
lieved that  the  public  service  requires  any  essen- 
tial change  to  be  made  in  the  distribution  of  duty 
between  the  accounting  officers  of  the  Treasury 
as  now  established  bylaw.  A  more  simple  dis- 
tribution between  the  two  Compuollers  might 
confine  the  duty  of  the  First  to  the  settlement 
of  all  accounts  arising  from  the  collection  of  the 
revenue,  and  payment  of  it  into  the  treasury  \ 
whilst  the  Second  should  take  charge  exclusive- 
ly of  all  accounts  resulting  from  its  disbursement 
from  the  treasury.  Some  difficulty,  however, 
would  arise  in  carrying  this  principle  into  effect, 
especially  in  distribuung  the  duty  between  the 
Auditors. 

It  may,  however,  be  proper  to  observe,  that  the 
report  of  the  heads  of  Departments,  before  refer- 
red to,  recommended  a  transfer  of  the  Indian  De- 
partment from  the  War  to  the  Home  Depart- 
ment. As  that  part  of  the  system  was  not  adopt- 
ed, the  Secretary  of  War  is  not  relieved  from 
examining  and  sanctioning  all  the  contingent  al- 
lowances made  to  the  agents,  interpreters,  ^., 
employed  in  our  intercourse  with  the  Indian 
tribes.    The  transfer  of  the  Indian  accounts  to 


the  FiAh  Auditor  of  theTfeasory  is  not  atteadai 
with  any  good  effect.  It  introduces  an  anoSMly 
into  the  Departments,  by  making  tke  Treasury 
disburse  the  Indian  appropriations,  under  the  di- 
rection of  the  Secretary  of  the  War  Depattmettt 
As  relief  to  the  Secretary  of  War,  and  dot  to  the 
Second  and  Third  Auditors,  was  the  objeet  of 
that  recommendation,  the  assignment  of  those 
accounts  to  one  of  the  Auditors  last  mentioaed 
is  respectfully  recommended. 

It  may  be  proper  to  state  that  this  suMssiiMi 
does  not  embrace  the  accounts  of  the  Biroeria- 
tendent  of  Indian  Trade,  which  were  prevHMslf 
settled  in  the  Treasury  Department 
All  which  is  respectfully  submitted. 

WM.  H.  CRAWFORD. 

Tkbab't  Dip>t,  Jan.  21, 18ia 

Trbabubt  Dbpaetment, 

ComptroUer^i  Office,  Jim.  5,  ISIS. 

Sib  :  In  compliance  with  your  request  to  he 
furnished,  so  far  as  the  accounts  under  my  ^ne» 
tion  were  involved,  with  the  information  required 
by  the  resolution  of  the  honoraUe  the  Senate  of 
the  United  States,  of  the  11th  ultimo,  relative  to 
the  progress  which  has  been  made  in  the  settle- 
ment of  public  accounts,  under  the  act  to  provide 
for  the  prompt  settlement  of  public  accounts,  and 
as  to  what  further  legal  provisions  may  be  neces- 
sary to  insure  the  speedy  settlement  of  those  ae<' 
counts,  I  have  the  honor  to  state  that  a  commu- 
nication on  the  subject  was  addressed  by  me  to 
the  First  and  Fifth  Auditors  of  the  Tteasufy^ 
copies  of  whose  answers  are  transmitted  herewith. 

It  will  be  seen,  from  the  represeotadon  of  the 
First  Auditor  of  the  Treasury,  that  ail  the  ac- 
counts of  the  customs  for  the  year  1816  hare  bceo 
reported  upon  by  him,  which,  wiUi  a  few  excep- 
tions, have  been  revised  and  finally  passed  ii|mmi 
by  me;  that  he  is  progressing  with,  but  has  not 
yet  reported  on,  the  acconnU  relative  to  the  is* 
ternal  revenue  for  the  same  year,  a  small  propor- 
tion of  the  accounts,  under  which  head  for  the 
year  1815,  recently  reported  oa  by  him,  vemaiA 
to  be  revised  and  passed  by  this  office;  and  that 
the  accounts  of  every  other  description  are  ex^ 
amined  by  him  as  presented,  and  adjusted  with 
all  the  despatch  iprhich  their  bulk  and  natore  sd- 
mit  of.  These  accocmts  may  be  comprised  under 
the  following  heads,  rkt: 

Ist.  Accounu  of  manhals.« 

2d.  Accounts  of  the  Bank  of  the  United  Staieai 
its  branches,  and  of  such  State  banks  as  have 
been  designated  by  that  institution,  under  the  net 
of  3d  March  last,  to  perform  the  doties  of  the  lale 
commissioners  of  loans  relative  to  the  public  debt, 
and  to  the  payment  of  pensions  of  invalids. 

3d.  Accounts  of  the  officers  under  the  civU  list 

4th.  Accounts  relative  to  the  marine  hospital 
esublishment. 

5th.  Accounts  relative  to  the  light-house  es- 
tablishment. 

6tb.  The  accounu  of  the  Treasurer  of  the  Uni- 
ted States,  for  receipts  and  expenditures  of  tho 
United  Sut^s. 


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7th.  His  aceoQttU  at  agtit  for  the  War  and 
NaTy  Departmeou. 
8th.  Accounts  of  the  mint. 
9th.  Accounu  of  the  Superintendent  of  the 
City  of  Washington,  and  Commissioner  for  Pub- 
lic Buildings. 

10th.  Accounts  on  the  awards  by  the  commis- 
sioner for  liquidating  claims  for  property  lost. 
11th.  And  a  rariety  of  miscellaneous  accounts. 
The  accounts  of  the  War  Department,  com- 
prehended under  the  head  of  <*Oid  books,"  to  the 
dOtb  June,  1814,  and  those  under  the  head  of 
^<  New  books,"  to  the  Slst  December,  1814,  and 
the  accounts  of  the  Navv  Department  to  the  Slst 
December,  1813,  haye  been  finally  acted  upon 
by  me. 

The  First  Auditor  of  the  Treasury  has  reported 
on  the  accounu  of  the  War  Department  for  the 
first  and  second  quarters  of  1815,  and  of  the  NaTV 
Department  for  the  first,  second,  third,  and  fourth 
quarters  of  1814,  which  are  now  in  my  office  to 
be  passed  upon.  He  has  remaining  in  his  office 
the  accounts  of  the  War  Department  for  the  third 
quarter  of  1815,  and  of  the  Nary  Department  for 
the  fourth  quarter  of  1814,  and  for  the  first,  sec- 
ond, third,  and  fourth  quarters  of  1815. 

It  results  that  all  the  accounts  settled  by  the 
late  Accountant  of  the  War  Department,  from 
the  1st  October,  1815,  to  the  3d  March,  1817 ;  by 
the  late  additional  Accountant,  between  the  29in 
April,  1816,  (the  date  of  the  act  establishing  the 
office,)  and  the  3d  March,  1817;  and  by  the  late 
AccounUnt  of  the  Nayy  Department,  from  the 
1st  January,  1816,  to  the  3d  March,  1817,  remain 
to  be  reported  upon  by  these  officers,  respectire- 
Ijr,  and  to  be  transmitted  to  the  First  Auditor  of 
the  Treasury,  after  whose  rerision  of  them  they 
•re  to  be  finally  acted  upon  at  my  office. 

In  relation  to  the  representation  made  by  the 
Fifth  Auditor  of  the  Treasury  I  have  to  observe, 
that  all  the  accounts  which  have  been  reported 
apon  by  him  have  been  revised  and  passed  upon 
by  this  office,  with  the  exception  of  the  accounts 
ot  the  General  Post  Office.  These  I  have  not 
been  able  to -take  up,  as  I  had  previously  received 
four  quarterly  accounu  of  that  Department  re- 
ported upon  by  the  First  Auditor  of  the  Treas- 
ury, under  the  former  organization  of  the  De- 
partments. Three  of  these  quarterly  accounu 
bave  been  examined  and  passed  upon  by  me  since 
the  3d  March  last,  as  well  as  three  quarterly  ac- 
counts of  the  late  Accountant  of  the  War,  and 
three  of  the  late  Accountant  of  the  Navy  Depart- 
mcfnt,  which  had  also  been  reported  upon  by  the 
last-mentioned  Auditor. 

The  following  is  a  concise  view  of  the  accounu 
to  be  reported  upon  by  the  FiAh  Auditor  of  the 
Treasury,  and,  of  course,  to  be  revised  and  passed 
upon  at  my  office,  viz: 

1.  Accounts  of  ministers,  consuls,  and  foreign 
agenu  of  every  description; 

)L.  Actounu  under  the  Indian  Department,  in 
all  iu  ramifications. 

3.  AceoanU  of  all  the  poetmastars  and  BMil 
•arrien  in  the  United  Statae,  readefed  quarterly 
by  the  Poetmaater  GkneraL 


*  4*  And  a  variety  of  miscellaneous  accounts. 

Besides  the  accounu  already  enumerated,  the 
accounu  of  the  land  officers,  or  receivers  of  pub- 
lie  moneys,  which  are  in  the  first  instance  exam- 
ined in  the  office  of  the  Commissioner  of  the  Gen- 
eral Land  Office,  and  reported  upon  by  him  di- 
rectly to  me,  form  a  component  (and  not  a  small) 
part  of  the  public  accounts  coming  under  my 
cognizance  for  revision.  These  acoounU  are  in- 
creasing by  the  increase  of  the  number  of  land 
offices. 

In  relation  to  the  proffressmade  in  their  settle- 
ment since  the  3d  Maron  last,  the  following  view 
of  them  is  communicated,  viz : 

The  accounu  of  James  Findlay,  from  the  Ist 
January,  1809,  to  3tst  December,  1815,  have  been 
finally  passed  upon. 

The  accounu  of  Park  Walton,  from  1st  July, 
1810,  to  31st  December,  1813,  have  been  finally 
passed  upon* 

'  The  accounu  of  John  Brahan,  from  8tb  Au- 
gust, 1809,  to  33  St  December,  1813,  have  been 
anally  passed  upon. 

The  accounu  of  Samuel  Smith,  from  1st  July. 
1815,  to  a5th  May,  1817,  have  been  finally  passed 
upon. 

The  accounu  of  Peter  Wilson,  from  3d  No- 
vember, 1808,  to  30th  June,  1816,  have  been  final- 
ly passed  upon. 

The  accounu  of  Samuel  Findlev,  from  1st 
April,  1806,  to  30th  Jone,  1815,  have  been  finalif 
passed  upon. 

The  accounu  of  Edmund  H.  Taylor,  from  Ist 
January,  1812,  to  3l8t  Deoember,  1813,  have  been 
finally  passed  upon. 

The  accounts  of  Benjamin  Stephenson,  from 
28th  October,  1816,  to  31st  December,  1816,  have 
been  finally  passed  upon. 

With  reference  to  that  part  of  the  resolution 
of  the  Senate  which  requires  information  as  to 
what  further  legal  provisions  may  be  necessary 
to  insure  the  speedy  settlement  of  public  aceounU. 
I  uke  leave  to  observe  that,  out  oi  the  number  of 
clerks  appropriated  for  my  office,  I  have  not  been 
able,  from  the  various  duties  incident  to  it,  to  aa^ 
sign  more  than  seven  of  them  for  the  examina- 
tion and  revision  of  all  the  accounu  enumerated 
as  coming  under  my  superintendence. 

From  the  nature  ana  extent  of  the  accounU 
committed  to  the  charge  of  these  olerks^  it  is  im- 
practicable for  them  to  enter  into  a  mmute  and 
correct  investi|ption  of  principles  and  deuils,  and 
at  the  same  time  progress  so  fast  in  the  set- 
tlemenu  with  that  accuracy  and  despatch  which 
the  public  interest  requires,  as  to  bring  up  the 
accounu  of  the  office  now  in  arrear. 

When  the  accounu  of  the  internal  revenue  shall 
have  been  finally  settled,  and  the  accounU  of  the 
late  Accoununu  of  the  War  and  Navy  Depart- 
ments, to  the  3d  March,  4817,  shall  have  neen 
brougnt  up,  the  number  of  clerks  now  employed 
in  my  office  being  put  on  other  accounu  i^pp^r* 
taining  to  it,  will,  I  uust,  insure  a  careful,  effica- 
cious, and  prompt  examination  of  them  after  that 
time.  But  I  must  take  leave  to  observe  that  it 
will  be  morally  impracticable,  without  more 


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ftfiltWiHf  tf  r^niir  jJcnmnCi 


ol«riB%  c«  ktep  paoi  wiAh  ih«  entreDt  fteaoufeu, 
MBd  Wing  up  the  arrcan  of  buaioeM  in  t^  tffice 
mhich  eiif l«d  for  mwy  vean  Mierior  to  ay  ao- 
oaisian  ta  ii,  (aad  I  speaJc  oeoMeaUy,)  for  waat 
of  tka  MQuitita  nottber  o(  oledbs. 

Wiiibi  oB  this  tobjcct.  I  camMt  forUar  co 
maatioa  that  eren  afcer  tke  War  aad  Navj  ac- 
eooalf  ahaU  iMTa  baeo  aomplciialv^aetcled  op, 
WBim  Um  foiBfr  a^gaaiaatioD  of  the  Oefnrt^ 
lBaat%  Um  aoooaats  to  be  patsad  opoa  by  aw 
will  not  hare  been  much  diminished,  as  tlMaa- 
aaoais  to  bo  raported  npoa  by  the  Fifdi  AiMKtor 
•f  Ibe  Tieaaaiy,  affreeably  to  tha  act  for  tba 
prompt  settlement  of  poUk  aeooaats.  for  expea^ 
4itQifs  att4er  ibe  head  of  ladiaa  Department, 
aMmliffl  to  ladiaat,  tnidiag;houae8  with  lodiaas, 
dkc.,  and  the  great  increase  in  the  Pest  CMeeaad 
Lead  Office  aeeoaois,  will,  in  a  gieal  meaaare, 
aottaaeibalanca  theaiL 

It  may  be  remarked,  too,  that  sinoa  the  peaec^ 
Iha  lereana  bpsiaees  appertaining  to  ay  oiiee 
Jmm  bean  Inacased  to  a  great  extant,  l^s^ameag 
other  causes,  may  be  ascribed  to  the  ahaage  in 
tha  jjsteai  prodneod  by  the  adoption  of  a  aew 
larittof  dataas,  the  aooTeatioa  with  Great  Britain, 
and  by  recent  acts  of  Congress  relative  to  tonnaae 
4aiie^  *o.  ^^ 

Thase  ehaagea  have  peadaaad  a  nnikipliaity  of 
applications  to  this  Department  for  deoisioas  on 
taeiCioaa  arising  uii4er  the  new  tariff  the  oon- 
▼aftliaBi  and  these  acts  of  GoDgrtss. 

The  correspondence  on  this  branch  of  bnslness 
haaeoBseqnently  been  swelled  beyond  allfbrmer 
preeedentsi  another  oaose  for  whicb  is  to  be 
looked  for  in  the  unexam))led  embarrassments 
experienced  by  the  mercantile  class  of  the  com- 
mnnity  for  eome  yea^  past.  I  am  folly  satisfied, 
from  experience,  that  the  other  pabHc  arocations 
of  my  office  will  not  allow  me  to  derote  as  great 
a  portion  of  time  to  the  means  necessary  to  a 
prompt  and  rigorous  oollection  of  the  many  old 
balattees  due  to  the  Ck^rerament,  and  to  prerent 
their  aeeumalation^  as  the  importance  of  this 
hnsinees  requires;  for  it  has  been  founds  by  expe- 
rienee,  that  an  extensive  and  persereriog  corres- 
ponienee  with  the  attorneys,  marshals,  aod  other 
MMers.  and  in  many  instances  with  the  debtors 
themselves,  is  indispensably  requisite;  and  this 
eonres^endence  has  hitherto  been  done  almost 
exelosively  by  myself.  I,  therefore,  consider  it 
a  doty  whidi  I  owe  to  the  Glovernment  as  well 
asto  myself  respectfully  to  state  tbat  the  interest 
of  the  pablio  would  be  materially  promoted  if 
Coagtess  would  either  authorize  the  appointment 
of  a  Boiieitor  for  the  Department,  (whose  doty 
it  should  be  to  attend  specially  to  this  business,) 
or  to  grant  me  such  an  appropriation  as  will  en- 
able me  to  employ  a  clerk  of  the  requisite  quali- 
fications to  attend  to  it  under  my  superintend- 
ence. 

I  have  the  honor  to  be,  with  great  respect,  your 
most  obedient  servant, 

JOSEPH  ANDERSON. 
Hon.  Wi«u  n.  Ceawpobd, 

herniary  qf  the  Treo&wy. 


Tnaiaasy  Dbpa 
8ec(md  CamptroUer^M  Offhe,  Bee.  93,  IWf. 
Sir  :  In  compliance  with  the  resolution  of  the 
honorable  the  Senate  of  the  United  Sutes  of  tha 
11th  instant,  I  have  now  the  honor  to  state  the 
progress  that  has  been  made  in  the  settlement  of 
public  accounts  in  the  War  and  Navy  Diepart- 
ments,  under  the  act  **  to  providofor  the  prompt 
settlement  of  public  accounts,"  to  wit : 
The  accounts  relating  to  the  different  branches 
of  expenditure  in  the  War  Department  iocin- 
diog  arrearages,  which  have  been  adjusted  aad 
settled  from  the  4lh  March  last  to  the  2SU1 
instant,  inclusive,  amount  to       -       -  $2,^ 
The  accounts  relating  to  the  Navy  De- 
partment for  the  same  period,  whick 
have  been  settled,  amount  to       -        -        397 


Aggregate  of  accounts  settled 


-  »2,7« 


The  number  of  warrants  drawn  on  ac^couai  of 
the  War  Department  for  the  ahove-menuonad 
period,  incluaing  advances  to  contraators,  dbc^  ia 
1,969,  amounUng  to  $6^^,688  97. 

The  number  of  warrants  drawn  on  account  of 
the  Navy  Department  for  the  same  period,  inclu- 
ding advances,  4bc,,  is  635,  amounUng  to  f^ 
67SC733  95. 

Respecting  the  progress  made  and  making  in 
the  settlement  of  the  several  species  of  accoonta, 
I  beg  leave  to  refer  you  to  the  reports  of  the  Seo- 
ond,  Third,  and  Fourth  Auditors,  herewith  en- 
closed. 

With  great  respect,  I  have  the  honor  to  be,  sii^ 
your  obedient  servant, 

EICHARD  CDTTS. 
Second  Camptrolier  of  the  IVeamay. 

Hon.  W1U4AII  H.  GaAWPoaD, 

Seeretajy  tftke  Treatur^ 

TftSAannr  DxPARTVajiT, 
Flret  Auditcr^e  Office,  Dee.  15, 1817. 
Sib  :  In  reply  to  your  letter  of  the  14th  instant^ 
I  have  the  honor  to  sute  that  the  settlement  oC 
the  revenue  accounts  iu  this  office  has  been  much 
reurded  bv  the  want  of  warrants  to  cover  pay* 
meats  by  the  collectors  into  the  Treasury.  Those 
of  the  customs,  however,  are  now  completed  t# 
the  31st  December,  1816 ;  and  those  relatii^  to 
the  internal  duties  and  taxes  for  the  same  year 
are  fast  progressing.    The  aocounts  of  evarf 
other  description  are  examined  as  presenied|  an4 
are  adjusted  with  all  the  despatch  which  their 
bulk  and  nature  admit  of. 
I  am,  very  respectfully,  sir,  yoor^  d^ 

R.  HARRISON, 
JosBPB  Anderson,  Esq.. 

Com^f^-oUer  t^the  TYeaewy. 

l^aa«UBT  Da^AttTMMT,  Bee  1%  1817. 

The  Second  Auditor,  to  whom  haa  bean  com* 

nuuiioated  the  reaalB<i(m  af  the  Senate  af  the  Uth 

inatani,  leqaeatiog  the  Secretary  of  the  TrmoMj 

to  lay  before  them  infovmation  of  the  pre|nraw 


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which  htts  heeomade  iii  the  «efiletintit  of  pwMie 
ftcie4«iiti  under  the  tet  '*  to  pnyHdefor  thef)roiiipt 
ee^ineat  of  pvUie  aeeoeat^"  Mid  that  he  also 
ttftfe  what  further  provisioo  may  be,  ia  his  efrtti- 
ien,  ueeessary  to  insure  the  speedy  settlement  of 
^mmtt  Meouttts,  has  the  honor  to  report  to  the 
Second  Comptroller : 

That  there  are,  of  the  current  bueiness  of  bis 
oflke,  but  few  unsettled  accounts,  and  they  are 
under  examination ;  and  that  the  books  of  his 
office  hure  been  brouf  bt  up  to  the  1st  of  the 
vresent  month.  That,  stnce  the  undersigned  cume 
mlo  office,  numerous  accounts  to  n  very  consider- 
ible  umouni,  in  discharge  of  claims  orighiating 
in  the  current  business  of  the  office,  between  Ist 
July,  1815,  and  his  appointment,  hafc  been  pre- 
aenm  and  settled ;  many  others  bate  yet  to  come 
4n,  and  he  nresumes,  in  the  coming  year,  he  will 
be  able  to  close  them  all,  should  ther  be  presented. 

It  is  proper  for  him  to  state  that,  dv  the  dlTistott 
of  the  office  of  the  Accountant  of  the  War  De- 
^tfttent,  which  took  place  in  May,  1816,  the 
aMftional  Aceountaht  then  appointed  became 
charged  with  the  arrearages  up  to  the  99th  June, 
1615.  As  that  arrangement  threw  con:iMerable 
business  into  the  office  of  the  additional  Account* 
mnt,  it  was  thought  reasonable  that  the  Account- 
ant should  prepare  for  the  Treasury  all  the  quar- 
terly stateitients  which  were  by  law  required  to 
lie  subihitted  to  the  aecoUntidg  officers  of  that 
Deparrttnent  for  revision,  up  to  Bffay,  1816.  In 
consequence  of  this  arrangement,  one  of  the 
bookkeepers  attached  to  this  offiee  has  been  ex- 
clusirely  oecunied  in  balancing  the  books  of  the 
Accountant  or  the  War  Department  and  in  pre- 

eg  the  qnarierly  surements.  They  hate 
completed  to  the  end  of  the  third  quarter  of 
the  year  1815,  and  the  statements  hare  been  sent 
to  the  Treaaury. 

The  undersigned  does  not  think  that  the  bal- 
nndngof  the  old  books  and  arrearages  in  th^e 
■uafterlyact^unts  properljr  beloiigs  to  this  office; 
%ut,  in  order  to  assist  all  in  his  power  in  the 
plrooipt  settlement  of  public  accounts,  he  has 
thought  it  his  duty  to  continue  the  preparation 
and  adjustment  of  them,  though  the  work  miH* 
tates  greatlv  against  the  currant  business  of  the 
office,  wbick,  to  be  kept  up,  otight  not  to  be 
!ihadlRed  with  any  old  arrearages. 

Under  the  act  of  the  3d  of  March,  for  the 
tnrotBpt  settlement  of  public  accounts,  there  have 
been  assigned  to  this  office,  under  the  head  of 
militarr  and  hospital  stores,  all  accounts  relating 
lo  the  Ordnance  Department,  inoludii>g  arsenals, 
armories,  materiab  for  mounting  cannon,  dtc.; 
while  to  the  Third  Auditor  the  accounts  of  the 
Quartermaster's  Department  hare  been  assigned. 

Thb  distribution  does  not  tend  to  the  prompt 
settlement  of  the  public  a<^onata;  onthacastnury, 
it  retards  it.  When  the  ftBUfteniiiii's  ac- 
counts arrire  at  the  Third  Auditor's  office,  he 
dissects  them,  and  sends  to  this  office  such  |mrts 
as  relate  to  the  discbarge  of  all  claims  originating 
between  1st  July,  1815;  and  3l8t  December,  1816, 
together  with  all  the  rouchera  apperuinrag  to 
tite  Medical  mid  Hospital  DepartHMat,  OrdmoMe 


Dvpartment,   and   oomingentkB;  from 
Touchers  new  nbstraots  are  to  be  made  eua  in 
this  office. 

The  making  out  of  these  abstracts  and  dlaieat- 
ing  these  accounts  causes  confusion,  and  araatca 
as  much  labor  as  would  the  whole  of  th»€iua*ter- 
masters'  aoeounts,  were  they. to  be  adjured  in  this 
office.  The  same  eonfosion  takes  phme  in  naany 
of  what  «re  called  store  accounts.  It  has  been 
fhaaight  expedient,  under  the  act  of  3d  March, 
1817,  to  charge  the  Second  Auditor  whh  the 
settlement  of  the  principal  jpait  itf  the  acoennni 
of  the  late  office  of  Sapermtendecit  General  ef 
MiliaR>y  Soppltes,  as  coanag  also  under  the  head 
of  uiilitary  and  hospital  storss.  By  this  diitf  ihn- 
tion,  he  is  to  adjust  the  aocoonts  reiatmg  to  tm^ 
nance,  military  stores  and  equipmeotii^  clothiaA 
medical  and  hospital  stores,  also  quartermaster? 
stores  in  the  hands  fd  military  sterekeepera  and 
aasistaQt  commissaries*  He  is  to  hold  officers 
accountable  to  the  United  Startes  for  the  ptthlic 
property  in  their  possession,  to  see  that  all  issoea 
are  made  conformably  to  law,  and  upon-praper 
Tovehers,  and  to  be  able  at  any  time  to  ^Itc  a 
full  and  explicit  statement  of  the  quantity  of 
public  property  in  the  possession  of  officers  and 
at  the  various  depots,  liere  a  like  inconrenieace 
ocowrs  as  relates  to  the  quartermasters'  stacea. 
for  the  dirjsion  of  these  accounts  with  the  Thiid 
Auditor  is  attended  with  as  miMh  trouble  as  the 
entire  examination  and  settlement  of  the  Whole 
would  occasion;  for,  owing  to  the  returning  offi- 
cers having  for  so  long  a  tiaae  been  acouamMd 
to  blend  quartermasters'  stores  with  other  pro- 
perty, either  received  er  issued,  they  are  fre> 
qucBtly  embraced  in  the  same  invoice  or  vouches. 

These  remarks  are  made  to  show  the  oeeeasity 
ef  transierring  the  whole  of  the  quartermasterr 
accounts  from  the  Third  to  the  Second  Auditoiw 
It  is  proper  here  to  observe  that  the  affiiirs  of -thia 
effice  suier  considerably  for  waatof  room  for 4he 
clerks^  The  undersigned  has  five  persons  in  the 
room  with  him  \  the  remainder  are  distributed 
about  the  house  at  a  considerable  dbtanco  from 
him,  and  out  of  tiie  reach  of  that  close  inspection 
which  is  necessary  in  the  disohaive  of  all  poUic 
business,  and  particularly  that  of  the  settlement 
of  accounts.  Five  rooms  for  the  eierks,  and  a 
fireproof  one  for  the  accounts,  are  necessary  for 
the  proper  distribution  ef  the  business  of  the  o^ 
ice,  and  the  speedy  settlement  of  public  nccMmta. 

Respectfully  submitted. 

WM.  LBB,  iSscond  Smi^tmr. 

R.  CuTTB,  Bsq.,  B&cmi  Oomftr^Um^. 

TnBAauny  DisPiJiTMnirr, 
Tkiri  AudiUn^B  QfficeylMc.  2^  1817. 
Sint  Ihave  received  your  letter  of  the  Idthiop- 
stant,  CDclosittg  the  eepy  of  a  reeolotion  of  the 
Benate  of  the  United  States  requiring  InfonaatiQA 
of  the  progresB  which  has  b%ia  made  in  the  set* 
tlementofpuUic  accounts  under  the  act  ^  to  i 


vide  for  the  prompt  settlement  ef  public  account^' 
and  requeating  me  to  fomlsh  m  statement  ef  4he 
progress  made  in  the  eettiement  of  the  public  no* 

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ttviiti  iB  this  offidc.  I  hmTe  aoeordiogk  ta  state 
tkat,  so  far  as  it  regards  the  aeeoants  of  the  eur^ 
rent  serrice,  confided  by  the  aforesaid  aet  to  the 
Tiiird  Auditor,  it  maf  be  suted  that  thejr  have 
beea  geDerally  rendered  and  settled  for  the  third 
quartet  of  the  present  year ;  in  some  cases,  ac- 
eoaarts  hare  net  been  rendered,  as  late,  and  in 
otiMn,  where  they  have  been  rendered,  some  ex- 
piaaations  and  additional  Tooehers  are  neeessarT 
to  a  settlement,  but  they  are  comparatively  small 

Of  the  ether  description  of  accounts  confided 
to  tlM  Third  Auditor  under  the  act  of  the  3d  of 
Maieh,  e<insittin|f  of  ail  the  accounts  of  the  War 
Departmettt  whtoh  remsined  unsettled  at  the 
eottclMion  of  the  late  war,  a  great  variety,  and  to 
a  verv  Iftrge  extent,^  remain  to  be  settled.  These 
■lay  DC  arranged  under  the  following  heads : 

Ist.  Aeeoants  of  the  several  States  for  disburse- 
■Mots  made  on  account  of  the  services  of  their 
militia  whilst  in  the  service  of  the  United  States.. 

td.  Paymasters  and  their  assistants,  and  other* 
employed  in  paying  regular  troops,  militia,  and 
valanteere. 

Sd.  Officers'  reeruitiogand  contingent  accouuts. 

4th.  CUuirtermMters'  accounts. 

5th.  Goatoctois'  accoaots. 

Ml*  Ouutanding  claims  for  supplies  during  the 
war,«nd  for  arrearagesdue  soldiers  diachirged,«nd 
officers  and  soldiers  deceased,  of  the  regular  Army, 
militia,  and  volunteers. 

1.  Of  State  accounts. 

There  has  not  been  much  progress  made  in  the 
examination  of  this  description  of  accounts.  Those 
of  the  State  of  Virginia,  having  been  first  ren- 
dered, were  uken  up  for  examination,  and,  from 
the  great  extent  of  disbursements  and  vouchers, 
havesecessarily  consumed  a  great  length  of  time 
in  their  examination.  The  accounts  are  nearly 
completed.  The  other  accounts  remain  unex- 
amined. 

2.  Of  paymasters'  accouats,  and  those  of  their 
assistants  and  others  emplojred  in  paying  troops. 

There  have  been  but  an  ioconsiderable  num- 
ber of  the  accounts  of  this  description  settled, 
owing  to  the  preparatory  measures  necessary. 
There  were  turned  over  to  this  office  for  settle- 
meat,  oo  the  27ch  of  June,  1B16,  one  hundred 
and  ninity-eight  unsettled  accounts  of  persons 
who  .had  received  public  monejr  on  account  of 
the  pay  department.  It  was  found  accessary, 
before  any  of  those  ascouats  could  be  correctly 
settled,  to  ascertain,  from  the  investigation  of 
all  ih^' payments,  the  names  of  the  persons  who 
had  received  public  money,  that  it  might  be  known 
whether  ail  the  accounts  had  been  rendered;  this 
was  business  of  great  labor,  and  was  only  com- 
pleted during  the  last  Summer.  It  resulted  that, 
m  addition  to  the  accounts  rendered,  a  large 
mimberof  persoas  had  reeeived  public  money 
who  had  not  rendered  any  accounts,  and  others 
who  had  only  rendered  thmn  in  part.  It  there- 
fore became  aecessary  to  call  upon  all  such  per- 
sons, and  some  of  both  descriptions  have  been 
received,  but  a  number  yet  remain  to  be  rendered^ 
constituting,  in  the  aggregate,  more  thaa  three 
buadfcd  acconau  in  this  Department  which  re- 


mmaed  to  be  aeuM  on  the  3d  of  March  last}  af 
those  in  the  office,  fifteen  paymasters'  aeeoants 
have  since  beea  settled,  and  a  number  have  beea 
examined,  and  only  await  exjplanations  and  sobm 
additional  vouchers  to  complete  their  settlemeac. 

3.  Of  officers'  recruiting  and  eontiagent  ac- 
counts. 

There  were  also  turned  over  for  settlemeat  to 
this  office  a  large  number  of  this  description  of 
accounts,  and  others  have  been  called  for  and  re- 
ceived ;  a  considerable  number  yet  reaiain  to  he 
rendered.  Of  those  in  the  office,  there  have  beea 
settled,  since  the  3d  of  March  last,  three  hundred 
and  seventy-one  accounts,  but  a  large  aumber 
remaiD  unsettled. 

4.  Of  quartermasters'  accounts. 

There  have  been  settled,  since  the  3d  of  Maioh 
last,  eighteen  accounts  of  this  description,  and  a 
number  yet  remain  to  be  settled,  and  others  to  be 
rendered* 

5.  Of  contractors' accounts. 

There  have  been  settled,  since  the  3d  of  March 
last,  seven  accounts  of  this  description,  and  some 
yet  remain  to  be  settled. 

6.  Of  outstanding  claims  and  balances  due 
officers  and  soldiers,  dbc. 

Of  this  description  of  accounts  there  have  beaa 
eleven  hundred  and  seventy  settled  since  the  3d 
of  March  last ;  those  relating  to  soldiers'  arrea»> 
ages  forming  the  principal  part ;  and,  from  the 
dail]^  applications  and  the  large  number  remain- 
ing in  the  office,  this  branch  of  business  may  ba 
stated  to  be  yet  in  a  verv  unsettled  state,  aadwili 
require  much  time  and  labor  to  complete. 

Thus  the  number  of  settlements  made  of  the 
accounts  of  the  late  war  have^  in  the  aggre^ati^ 
amounted  to  upwards  of  seventeea  hundr^  eiaee 
the  3d  of  March  last. 

It  may  be  proper  further  to  add  that  the  books 
of  the  office  were  greatly  in  arrears  on  the  3d  of 
March  last,  and  have  required  the  attentioa  of 
all  the  force  applicable  to  that  olject  to  brioff 
them  up  to  that  date:  they  are  not  yet  completed! 
This  may  be  accounted  for  from  the  ciroooi- 
sunce  of  there  being  upwardi  of  five  thoasaad 
accounts  open  on  the  books. 

From  the  foregoing  view  of  the  busineas  of  ^ 
this  office,  it  wiU  appear  manifestly  aecessary 
that  additional  means  be  afibrded  to  make  an  im- 
pression on  the  unsettled  accounts  within  any 
reasonable  period ;  these  consist,  in  the  opiaioa 
of  the  Auditor,  of  an  increased  num^  of  clerka, 
and  additional  room  for  their  accommodation. 

The  pressing  business  of  the  office  has  pre- 
vented an  early  reply  to  your  letter. 

Very  respectfully,  I  am,  sir,  yoor  obedient  ser- 
vant, 

PETER  HAQNER,  Auditor. 

RiCHAED  CuTTS,  Esq., 

deoomL  CompUvUer  qftht  Trmnurf. 

Tbbasuby  DspaetmemTi 
Fourih  Auditor'M  Office^  Dec.  16, 1817. 
'  *  Sia :  I  have  reeeived  your  letter  of  the  13th  ia* 
stant,  ii^  which  was  eneloaed  a  resoluiion  of  Ike 


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tM2 


Benate,  raqoiriDg  the  Bceraiary  of  the  JreMory 
10  ky  before  them  ioformation  of  the  progress 
which  has  been  nMcle  io  the  settlemeat  or  pablie 
aeeoonts  under  the  aet  **  to  provide  for  the  prompt 
settlement  of  public  accoonts  '^  and  also  what  (Qf 
ther  legal  proTisioa  may  be^  in  his  opinion,  ne« 
eessary  to  insure  the  speedy  settlement  of  public 
aeeounts. 

.  To  answer  these  ioquiries,  as  far  as  relates  to 
the  business  of  this  office,  I  have  observed  that  it 
was  necessary  that  all  the  accounts  in  the  office 
of  the  Accountant  of  the  Navy  should  be  closed, 
and  the  balances  carried  forward  to  the  books  of 
this  office.  This  required  considerable  labor  and 
many  separate  statements. 

In  the  principal  seaports  there  are  nary  agents. 
Applications  have  been  daily  made  from  every 
section  of  the  Union  for  balances  due  to  offioers 
or  seamen;  therefore,  whenever  these  balances 
have  not  exceeded  one  hundred  dollars,  orders 
have  been  given  for  the  amount  upon  the  nearest 
navy  agents  to  the  residence  of  the  applicant. 
This  UKKle  has  greatly  faeiliuted  business,  as 
these  orders  will  be  passed  to  the  credit  of  the 
agents  upon  the  settlement  of  their  accounts. 

The  examination  of  pursers'  accounts  is  very 
laborious,  and  occupies  more  or  less  time,  aecorcU 
ing  to  the  length  of  the  cruise  of  the  vessel  to 
which  they  aire  attached.  Monthly  returns  of 
neeoonts  and  vouchers  have  hitherto  been  re 
quired,  and  will  be  continued  to  the  end  of  the 

f  resent  year,  from  the  several  navy  agents:  these 
ave  been  examined,  and  settlements  made  there- 
of as  rapidly  as  has  been  consistent  with  correct^ 
ness.  After  the  1st  of  next  January  these  returns 
will  be  made  quarterly. 

In  order  that  there  should  not  be  any  unneces- 
sary delay  in  the  settlement  of  small  accounts  by 
claimants  residing  near  to  the  seat  of  Govern- 
meat,  one  of  the  clerks  performs  in  4his  office  the 
duties  of  a  navy  agent. 

Besides  the  aforegoing,  there  is  a  deal  of  cur- 
rent business  which  it  would  be  difficult  to  define. 
What,  however,  has  been  noticed,  gives  full  em- 
ployment. The  books  of  thb  office  are  brought 
up  to  the  1st  day  of  the  present  month  ;  and.  in 
future,  they  will  always  be  in  this  state  of  for- 
wardness. 

As  the  new  system  has  been  fn  operation  but 
nine  months,  k  might  be  preeumptuons  to  pro- 
novnce  it  the  best  which  eould  be  devised;  but, 
•D  far  as  it  has  gone  into  effect,  it  has  admirably 
answered  all  the  good  expected  from  it  in  this 
•flbe.  I  should  not,  therefore,  propose  any  alter- 
ation for  the  present. 

I  am,  with  great  respect,  sir,  your  obedient 
servant, 

CONST.  FREEMAN,  AmdUar. 

RiOHARO  CuTTS,  Esq., 
Qeeond  ComptrpUer  (fihe  TVeoeifry. 


Tbbasurt  Dspartmbnt, 
Fifth  Auditor' f  Office,  iMc  23, 1817. 
Sin :  I  have  had  the  honor  to  receive  vour  let< 
ter  of  the  13th  instant,  enelonog  a  resolution  of 


the  Senate  requiriifg  information  as  to  '^  the  pro* 
gress  which  has  been  made  in  the  settlement  of 
public  accounts  under  the  act  *  to  provide  for  the 
prompt  settlement  of  public  accounts,'  and  as  to 
what  further  legal  provisions  may  be  necessary  to 
insure  the  speedy  settlement  of  public  accounts." 
The  law  above  alluded  to  assigned  to  this  office 
the  settlement  of  all  accounts  appertaining  to 
the  Department  of  State,  to  Indian  Afikirs,  and 
to  the  General  Post  Office ;  in  addition  to  whiefa, 
the  unsettled  accounts  of  the  late  office  of  Com- 
missary Oeneral  of  Prisoners  were  attached  te  it 
by  the  Executive.  It  will  be  proper  to  notice 
them  under  distinct  and  appropriate  heads. 

Cffthe  nqpartmeni  qf  State. 

It  has  been,  and  still  is,  the  practice  of  the 
Ministers  and  Consuls  of  the  United  States,  and 
of  all  their  other  agents  abroad,  to  receive  their 
salaries  and  other  authorized  allowances  of  the 
bankers  of  the  United  States,  either  at  London 
or  Amsterdam,  and,  on  the  receipt  of  the  bankers' 
accounts  at  the  Treasury,  to  charge  the  respec- 
tive persons  with  the  sums  they  mav  have  re- 
ceived. In  some,  cases  no  accounts  have  been 
rendered  by  the  agents  to  balance  these  charges; 
and,  in  others,  where  accoonts  hare  been  re- 
ceived, they  were  so  imperfect  as  not  to  admit  of 
seulement.  Thus,  individuals  have  been  reported 
to  Congress  as  public  debtors,  and  the  Treasury 
books  l^n  swelled  with  balances,  where  nothing 
was  really  due.  Most  of  the  accounts  have  been 
of  long  standing,  and  some  of  them  of  more  than 
twenty  years. 

In  entering  upon  the  duty  assigned  me  under 
the  law  for  the  prompt  settlement  of  public  ac- 
counts, mv  attention  was  forcibly  drawn  to  ac- 
counts pf  this  nature,  and  every  exertion  has  been 
made  to  effect  a  due  and  speedy  settlement  of 
them.  Many  of  the  persons  interested,  and  who 
are  yet  living,  were  in  different  parts  of  Europe, 
or  in  remote  places  in  the  United  States,  from 
whom  the  neoessarv  vouchers  and  exptenations 
could  not  immediauly  be  procured.  As  much  pro- 
gress, however,  has  been  made  in  the  settlement 
as  these  circumstances,  the  current  business  of 
the  office,  and  the  short  period  which  has  elapsed 
since  its  organization  would  admit  of,  as  will  be 
seen  by  a  comparison  of  the  balance  list  of  the 
present  with  that  laid  before  Congress  tha  last 
session. 

Of  JMian  Affaire. 

These  aocounte  are  of  two  classes:  1st.  Those 
relating  to  trading^houses;  dd.  Those  of  annu- 
ities to  Indians^  expenses  of  agents,  commission- 
ers treating  with  Indians,  implements  of  hus- 
bandry, dtc. 

Upon  these  accounts,  and  those  of  the  Depart- 
ment of  State,  four  persons  have  been  employed, 
and  many  of  the  accounts  of  the  second  class,  in- 
volving considerable  expenditures,  have  been  ad- 
justed. In  those  of  the  trading-houses  the  same 
progress  has  not  been  made;  but  I  feel  con- 
fident that,  with  the  application  of  the  same 
force  the  ensuing  year,  the  old  accounts,  both  of 
the  Department  of  State  and  of  Indian  Affairs, 

Digitized  by  VjOOQIC 


%m 


Banndiwi^MmsmMtmuokfi 


TtiiiigiMi- 


•9  Wflil  ftB  lie  •mnmt  b«$iBe#  in  time  twtMlm, 
will  be  4iily  dispbued  o£ 

Of  the  General  Past  Office. 
NoRe  of  tlM>ae  aocounts  were  seiikd  f«b«r 
queotly  to  the  year  18ia    They  are  rendered 

aoaffterly  by  the  Geaerel  Post  Offioiek  and  comprise 
le  aecooou  of  about  two  tbouaand  five  hufidred 
]poet  offiee^  aad  inc tease  io  d amber  as  they  ad* 
vance  ia  point  of  time.  Although  five  perseoe 
have  been  employed  on  them,  yet  so  extensive 
and  laborioiis  are  the  exanHnaiioas  aad  oaUala- 
tioBs  thay  require,  that  those  gentleaiea  have  bean 
unable  to  advanee  with  the  setilenient  to  a  later 
period  than  the  last  quarter  of  1812»  I  do  not, 
however,  consider  any  additional  aid  in  this  branch 
of  the  aeeouftta  neeessary. 
Qfth€laU^ioecfa(m^fm99aryOeiwralqfPri$' 
ouerB* 
Manjr  accounts  were  received  from  this  office 
on  its  ten^mation  in  March  last,  some  wholly 
tusettled  and  others  partialljr  so.  Two  persons 
of  that  office  who  accompanied  the  accounts,  on 
their  transfer,  have  been  employed  in  the  ad^ust^ 
ment  of  them,  under  the  supermteadenoe  of  the 
Fifth  Auditor,  and  it  is  expected  they  will  be 
able  finally  to  close  them  in  the  first  half  of  the 
ensuing  year. 

I  have  the  honor  to  he,  with  great  respect,  sir, 
Tour  most  obedient  servant,  _ 

STEPHEN  PLEASONTON. 

The  Han.  Joaipa  Akobsboh, 

Comptroller  qfthe  Treasury. 


BOtJNDART  BETWEEN  KENTUCKY 
TENNESSEE. 


AND 


s  U  %e  appolaiid  #a  tlM  pnrc  ei  -tlM 
Statsi  eC  TennesMo,  in  the  porfMise  of  nuasni^ 
aad  markiaf  che  boundary  liaa  betwiaeB  the  twa 
Btatea,  aeoovdiag  to  iis  true  poaittott.  Thiaaat 
was  pvedieated  on  a  resolatiaa  wsad  bf  tkm 
Qeneial  Aasenbly  of  the  State  of  Tanaaisee,the 
provisions4)f  winch  were  proosptly  «ceeded  to  bf 
this  State.  It  was  at  this  period  that  the  peeyle 
of  ELeataoky  contemplated  a  sptedy  temmalion 
of  the  difiomwes  between  the  two  Stales.  Bath 
patties  had  aesested  to  the  same  propMition^  aHud 
poblie  faith  seemed  to  siuid  pieced  to  carry  ialo 
effeet  the  mutual  amemeat.  ISh  this  finr  ftam» 
peat  was  soon  darieaed  by  the  eonduet  m  «hia 
State  of  Tennessee.  The  State  of  Kentnokf 
with  femt  that  the  State  of  Temiesiee 
\\d  not  attde  by  the  terms  wldchaha  had  m 
flest  )»oposed;  she  afaindoned  herowa  pwpnm* 
thcms^  aad,  by  the  departme^  defeated  the  a^paa^ 
of  the  eadstiag  difierenca     The 


[CoBomuaioated  to  the  Senate,  March  8, 1818.] 
Ts  the  Omigresi  efikt  tMitd  SUieecf  America  c 

The  memorial  of  the  Gkneral  Assembly  of  the 
Commonwealth  of  Kentucky  respectftally  repre- 
sents: 

That,  for  many  yeas  past,  an  unpleasant  con- 
troversy has  existed  between  this  Sute  and  the 
Blafe  of  Tennessee,  relative  to  the  houndary*  line 
between  them.  Many  attempts  have  been  made 
to  settle  the  difference  to  the  mutual  satisfhetion 
of  both  States,  but  hith«to  eU  these  attempts 
bate  been  uaavaili^gj  and,  judging  from  the 
past,  there  remains  very  little  ground  of  hope 
that  the  dispute  wHl  be  adjtisted  by  amioaHe 
arrangement  aad  mutual  concession*  As  far 
back  as  the  year  1801,  the  L^slatum  of  Ken- 
tucky passed  aa  act  the  dbject  of  which  wai  to 
ascertain  and  mark  the  true  position  of  the  bound- 
ary line  between  the  two  States,  according  to 
their  chartered  limits.  This  act  was  repeals  at 
the  next  session  of  the  Qeneral  Assembly  of  this 
Commonwealth.  In  the  year  1812,  the  subject 
was  again  taken  up  by  the  Ley^islature  of  fi^n- 
tucky,  and  an  act  passed  authorizing  the  appoint- 
ment of  commissioners,  to  co-operate  with  com- 


mieaea  of  this  eondoet  on-  the  part  of  the  Stm^T 
Tei 


of 


Jenaessee  wms  thepassage  of  an  aet  bf  tiie 
anl  Aneailbly  of  Eaa^u^.  in  the  year  1M% 
ra^uesting  the  GhMremor  of  this  SiaU  lo«olMi■^ 
nicate  to  the  Executive  sad  Leaislataca  e€  Iha 
Scale  of  Tennessee  the  ultimate deieimiaaii 
our  Goveeamaot  on  the  sabjeet  af  the  born 
betweea  the  two  Statesw  By  this  aet  of  18 
our  Exeeutive  was  reqttestad  to  eeiioit  from  the 
Qovevnmeat  of  the  State  of  Teanessee  a  ■§■■§ 
ttiticB  of  the  priaclpfes  eontatned  ia  the  resokh 
tions  adopted  by  the  State  of  Taonemee,  in  nar^ 
soance  or  which  our  act  of  Asscmblir  in  18id  aad 
beea  passed,  and  the  adoption  of  the  nccessatf 
measures  for  carrying  the  same  info  eompleli 
operation ;  and,  further,  to  express  to  theGefver»- 
ment  of  Tennessee,  in  ease  of  thetf  final  rejec- 
tioa  of  the  overture  made  by  the  act  of  18i% 
that  the  disagreeable  aeoessity^of  having'  thaean- 
tested  queatioa  of  boundary  fiaaUy  settled  t^a 
resort  to  the  means  pointed  out  by  the  Ceastim^ 
tioa  of  the  Uaited  States  far  the  deoisioa  of  each 
coatrovsecaies  would  be  ioiposed  upon  the  KSkow* 
efttment  of  KeattMky.  The  Gtovemaaent  of  tin 
State  of  Teaneasee  gave  aa  eAciai  answer  lotlie 
eonuDunieatioas  ande  in  pntsuaaoe  of  iha  aet  aC 
1813.  Her  failure  prodacad  n  mematial  by  the 
Legislature  of  Kentucky  to  your  body,  ■skiag 
the  imeElsreaed  of  Congress,  as  the  laat  rasorf  for 
settling  thneotttsaversy,  (aM  othea 
asfftr ently  fhiled,)  approved  b 


having 
the  Rxecaiivaea 


apnaf  ently  failed,;  approved  br  tae  jfixecaiAvaor 
Ihis  State  February  1, 1814.  I>ariM  the  eeanan 
of  the  Qeaeral  Ass«tblv  of  this  Stale  in  thn 
Wiater  of  1815  and  1816^  the  Stttte  of  Tennna^ 
see  sent  a  commissioner  to  anr  €h»verameiit  a*' 
thoriaed  to  renew  the  negoiiatians  batwnan  the 
two  States  on  the  subject  of  boundary.  He  wm 
heard  ac  the  bar  of  the  House  of  Representa- 
tives. The  result  was  the  passage  of  a  law  on 
our  part,  approved  February  10, 1816,  the  provis- 
ions of  which,  in  the  opinion  oi  this  Legislature, 
are  liberal,  as  it  relates  to  the  State  of  Tennes- 
see. The  people  of  this  State  waited  with  much 
anxiety  for  the  meeting  of  the  Legislature  of  the 
State  of  Tennessee  after  the  passage  of  the  act 
of  18UL    It  was  hoped  that  the  Qoveniment  of 


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2966 


AFPBilDlX; 


2M< 


Emiuokfmti  Tm9m96^, 


TenawMe  would  Mt  hMkaie  to  ftcoede  tm  all  the 
pfoposiuons  contained  in  oar  act  ^f  1616 ;  bat  in 
tUs  we  have  been  greatlf  disappointed.  It  is 
trae  that  the  Legislature  of  Tennessee  took  up 
the  snbjeet  at  their  last  session,  and  passed  an  act 
concerning  it,  bat  its  prorisions  fall  ?ery  far  short 
of  those  contained  in  our  act  of  1616,  and  are 
such  as  Cannot  meet  with  the  approbation  of  this 
Legislature.  This  Assembly  is  constrained  to 
regard  the  failure  on  the  part  of  the  Stale  of 
Tennessee  to  reciprocate  the  prorisions  of  the 
act  of  1816  as  erincing  a  disposition  to  delay  the 
aettleoient  of  the  controrersy,  unices  done  upon 
terms  derogatory  to  the  interests  and  rights  of 
Kantucky ;  it  therefore  basomes  the  imperioiBS 
duty  of  this  Asseasbly  to  appeal  to  yo«r  bodjr  as 
the  arbiter,  und^r  the  anthority  of  the  Gonstito* 
tion  of  the  United  States,  to  point  out  the  mode 
by  which  the  cosiest  unhappily  ezistina  shall  be 
decided.  The  laws  whldi  the  Legislatoie  of 
Kentuckv  has  passed  on  the  subject,  and  to  which 
y«flir  boay  is  refierred  for  more  particular  infof 
aantloa,  will  prore  that  our  Scale  has  not  been 
wnniinff  in  eaoertions  to  haiTe  the  dtflbrence  aml^ 
edbly  adjusted*  It  is  conceded  on  all  Mm  that 
the  true  line  shoald  ran  on  a  pnraUel  of  thirty* 
aix  degrees  thirty  minutes  north  laitifode.  The 
constiiutioDs  of  the  States  of  North  Carolina  and 
Tennessee  botbiecQgnise  that  laikiMfeasliaaitiDg 
their  northern  baan&ry ;  and  in  this  they  coincide 
with  the  charter  of  King  Chailes  II.  It  is  pre- 
tsmed  that  no  objection  can  be  made  to  the  estab* 
Ushment  of  the  true  line,  unless  it  be  on  accoont 
of  the  effect  it  will  probably  hare  on  indiTidnal 
rights  to  land  lyiag  between  the  said  latitude  and 
what  is  now  calwd  Walkers  line,  to  which,  at 
present,  both  States  eiercise  jurisdiction.  To 
obviate  this  objection,  the  Legislature  of  Ken- 
tucky will  be  goTemed  by  the  most  liberal  prin- 
eiples.  If  the  establishment  of  the  true  line 
ahonld  operate  so  as  to  give  more  terrilorv  to  this 
State,  whereby  nsany  persons,  now  citaens  of 
Tennessee,  living  on  lands  title  to  whish  they 
have  derived  by  grant  frooa  the  Stiiie  of  North 
Carolina  or  Tennessee,  this  Lepslatnre  doth 
fUdae  the  faith  and  character  of  Kentucky  to 
ratify  aU  such  efaiifln  wherever 


thevdo  not  ia- 
be  land  laws  of 


lerfbre  with  claims  founded  on  the 
iheBiate  of  Virginia,  or  of  this  Stau;  and 
they  do  so  interfere,  the  occupant  in  all 
aimU  have  the  benefit  of  the  laws  in  fonee  in  thb 
State  for  the  time  being,  mnde  for  the  pcoteetien 
of  oecnpyiog  claimants,  the  siatnie  of  1  imitations 
eaoepted.  The  tinsettled  slate  of  the  line  is  cal- 
culated to  have  an  effect  in  the  fbrmntion  of  near 
counties  which  bind  on  it.  To  particnlarine  all 
the  evils  to  the  State,  and  especially  to  those  in- 
dividuals who  have  claims  to  lanci  founded  on 
the  laws  of  Vir^nia  and  this  State,  lying  within 
our  chartered  limits,  and  who  are  kispi  from  the 
enjoyment  of  those  rights  by  the  present  exercise 
of  jurisdiction  over  their  lands  by  the  Stale  of 
Tennessee,  would  be  unnecessary.  Nothing  short 
of  the  estakdishment  of  the  line  between  this 
State  and  the  State  of  Tennessee,  according  to 
iu  true  latitude,  will  now  comport  with  the 


wishes  of  this  Legislatnre;  and  as  it  is  aright 
appertaining  to  our  State,  which  can  only  he 
cBforced  by  the  Supreme  Court  of  the  United 
Stales,  acting  under  the  wise  provisions  of  the 
Constitution  of  the  United  States,  we  ask  of  ywir 
body  the  passage  of  a  law  directfnglbe  proceed- 
ings in  the  Snpreme  Court  by  which  one  State, 
having  a  subject  of  difference  with  another^  may 
have  the  same  legally  decided.  To  effectuate 
this  desirable  object,  this  General  Assembly  eon- 
cur  in  the  following  resolutions,  to  wit : 

iSsaaeocd  6v  tAe  General  A$9efMy  <fthi  Osns- 
mmiweMhof  Kmiueky^  That  the  R>regeing  me- 
morial to  Congress  be  adopted  as  the  earnest 
prayer  of  this  Legislature. 

lUiolvedf  That  the  acting  Qevernor  of  the 
State  be,  and  he  is  hereby,  requested  to  tranemit 
a  copy  of  this  memorial  and  resolutione,  and 
copies  ef  all  laws  passed  by  the  Lemtlatare  of 
Kentucky,  nnd  all  laws  nad  veselntions  parsed 
by  the  Legislatare  of  Tennessee  altnded  to  iif  the 
foregoing  memorial,  to  each  of  oor  Senaiton  and 
Repreeenatives  in  Congrees,  to  be  by  them  laid 
before  that  body. 

ResoUoed,  That  our  Seaators  in  Congress  are 
hereby  instructed,  and  our  Representatives  re^ 
quested  to  nse  their  exertions  to  effectuate  the 
object  of  this  memorial. 

RtMimd,  That  the  acting  Governor  be^  and 
be  is  herebjr,  also  requested  to  transmit  oopiei  of 
this  memorial  and  reeolations,  aad  copies  of  all 
faiws  and  resolutions  passed  by  the  Legislatures 
of  this  State  and  Tennessee,  to  each  of  the  Sena- 
tors and  Representatives  of  the  State  of  Tenneo- 
see  in  the  Congress  of  the  United  States. 

Renlved,  That  our  Senators  and  Representa- 
tives in  Congress  be,  and  they  nre  hereby,  re- 
quested to  report  to  the  €k>vernor  of  this  State 
the  steps  which  they  may  take  to  eff^otuate  the 
object  of  the  foregoicg  memorial,  and  the  result 
to  be  by  the  Governor  laid  before  the  next  Gen- 
eral Assembly. 

An  Act  eonceuuag  the  bonndsfy  line  betwesA  this 
Stale  and  the  8uie  of  Tennessee.  Approved  De- 
camber  14, 1801. 

Whereas  doubts  have  arisen  with  mapect  to  the 
position  of  the  boundary  Mna.  er  aomo  part  thena- 
oi,  between  this  State  and  the  Smte  ef  Tennaa- 
eee:  Therefore, 

Be  it  emaoied  6y  tha  General  Amemtly^  Thnt 
the  Governor  of  this  State  be  anthorized  and  re- 
^nested,  as  soon  as  he  is  informed  that  conamie- 
sioners  are  appointed  on  the  part  of  the  State  ef 
Tennessee  to  appoint  two  ccunmiasitners  to  oraet 
each  commissioners,  and  with  them  to  settle  and 
remove  ail  doubts  upon  the  subject  aforesaid,  bv 
runninff  and  marking  the  said  line,  or  as  modi 
thereof  as  may  not  extend  within  the  lands  re- 
served by  Congress  to  anv  Indian  tribe,  agreeably 
to  the  chartered  limits  of  the  States  of  Virginia 
and  North  Carolina ;  and  the  commissioners  so 
appointed  shall  have  power  to  employ  a  surveyor, 
nnd  ns  many  hands  as  may  be  necessary  to  carrv 
the  same  into  effect,  at  the  joint  expense  of  both 


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AFPHNDIX. 


2S68: 


Bmmdaff  Mipma  JteHtdky  m^ 


The  oommitMOften  •o^Mpolated  on  be^ 

lialf  of  this  State  shall  reeeiTe  for  their  terriees 
and  expenses  three  dollars  per  day  for  erery  day 
they  may  be  actually  emploved  in  s^oin^  to,  con* 
tianing  on,  and  returniog  rrom,  said  line;  and 
shall  make  report  to  the  Governor  of  their  pro- 
ceedings as  soon  as  the  same  is  completed ;  and 
also  certify  how  maoy  hands  were  employed,  and 
for  what  purpose,  and  what  is  due  to  said  haods 
from  this  State :  which  report  and  certificate  the 
Qorernor  shall  lay  before  the  next  Assembly. 
And  if  the  proeeedinffs  of  the  said  commisdon- 
ere  shall  b^  approved  by  this  Sute  and  the  State 
of  Tennessee,  the  line  so  run  and  marked  shall 
be  the  line  forever  between  the  said  States,  un- 
less altered  by  mutual  consent.  If  any  lands 
claimed  under  titles  derived  from  the  State  of 
Tennessee  shall  be  found,  on  running  the  said 
line  as  beforementioned,  to  lie  within  the  limits 
of  this  Commonwealth,  all  such  claims  shall,  as 
aoott  as  a  similar  and  reciprocal  law  shall  be 
passed  by  the  Legislature  of  the  Sute  of  Ten- 
Acssee,  on  behalf  oif  persons  claiming  lands  lying 
in  the  said  State,  under  titles  derived  from  this 
State,  be  as  valid  as  if  they  were  derived  from 
this  CiHnmonwealih.  And  the  Auditor,  on  the 
order  of  the  Governor,  shall  issue  a  warrant  to 
the  said  commissioners  for  any  sum  not  exceed- 
ing one  hundred  and  fifty  doUacs,  to  enable  them 
to  provide  for  the  execution  of  the  business  as- 
signed them  by  this  act,  and  the  treasurer  shall 
pay  the  same  accordingly,  out  of  any  money  in 
the  treasury.  The  Grovernor  of  this  State  snail 
4ransmjt  a  copy  of  this  act  to  the  Governor  of 
the  State  of  Tennessee  as  soon  as  possible,  who 
is  requested  to  lav  the  same  before  the  next  Le- 
gislature which  shall  be  held  for  said  State. 

An  Ad  to  repeal  the  act  entitled  *<An  act  conceniing 
.    the  bonnduy  line  between  this  State  and  the  State 

of  Tennessee."    ApproTed  December  28, 1802. 

Whereas  it  appears  to  this  present  General 
Assembly  that  the  act  passed  at  the  last  session 
entitled  ^An  act  concerning  the  boundary  line 
between  thb  State  and  the  State  of  Tennessee" 
is  defective,  inasmuch  as  it  provides  that  the 
boundary  line  between  the  said  States  shall  be 
mn  agreeably  to  the  chartered  limits  of  the 
Sutis  of  Virginia  and  North  Carolina,  and  it 
does  not  appear  to  us  that  any  charter  ever  was 
^nted  describing  the  limits  of  the  last  men- 
tioned States,  respectively :  Therefore, 

Sio.  1.  Be  ittnaeUdllythe  Gtneral  Amtmbfy, 
That  the  said  recited  act  shall  be,  and  the  sane 
ie  hereby,  repealed. 

Sbo.  2.  And  be  it  Jurther  emcUd,  That  the 
Executive  pf  this  State  shall,  as  soon  as  possible, 
fend  a  copy  of  this  act  to  the  Governor  of  the 
State  of  Tennessee. 

This  act  shall  be  in  force  from  its  passage. 

An  Act  to  provide  for  the  ascertsinment  of  the  bonnd- 
aiy  line  between  this  Bute  and  the  State  of  Ten- 
nessee.   Approred  Febrauy  4, 1812. 
Whereas  it  is  desirable  to  have  the  boundary 

line  between  this  State  and  the  State  of  Ten- 


nessee run  and  maHced  aeeevdM  lo  Icatvia  noai*' 
tion :  and  whereas  the  General  Aasembly  of  xht 
State  of  Tennessee  have  passed  a  reeolution  at 
their  last  session  authorising  the  fiUeentive  there- 
of to  appoint  two  commissiooers  to  canae  to  be 
run  and  marked  the  boundary  line  between  this 
State  and  the  Sute  of  Tennessee :  wherefore^ 

Seo.  1.  Be  it  mooted  by  the  Cfeneral  Anembiy 
of  the  OmmomoeaUh  ^KtKtueky,  That  the  Gov- 
ernor of  this  State  be,  and  he  is  hereby^  author- 
ised to  appoint  two  fit  persons  as  commissioners, 
who  shall  be,  and  they  are  hereby,  authorized  to 
meet  the  commissioners  to  be  appointed  on  th« 
part  of  the  State  of  Tennessee  under  the  resolo- 
tion  aforesaid,  and  then  proceed  to  run  and  mark 
said  line  according  to  its  true  position,  as  it  is 
established  by  the  charter  of  KingClmriesIL,and 
recognised  b^  the  twenty-fifth  section  of  the  de- 
claration of  rights  in  the  constitution  of  the  State 
of  North  Carolina,  and  also  recognised  by  the 
thirty-second  section  of  the  declaration  oi  rights 
in  the  constitution  of  Tennessee,  beginning  on 
the  top  of  Cumberland  mountain,  at  thirty-six 
degiees  and  thiHy  minutes  nor^  Latitude,  wbes 
aecnrateiy  taken,  and  from  thence  to  run  west  a 
right  line  in  thirty-six  degrees  and  thirty  miautae 
north  latitude,  so  far  as  not  to  run  into  the  lands 
claimed  by  the  Indians. 

Sic  2.  Be  it  Jurther  enacted  That  the  said 
commissioners  are  empowered  to  employ  a  sur- 
veyor at  three  dollars  and  fifty  cents  per  day, 
and  chain-carriers  and  markers  at  one  dollar  per 
day  each,  and  cause  the  said  line  to  be  mn  and 
marked  between  this  Slate  and  the  Sute  of  Ten- 
neesee  affreeably  to  the  provisions  of  this  act. 

Sbo.  3.  Be  it  Jurther  enacted.  That  the  com- 
missioners so  to  be  appointed  ^on  behalf  of  this 
State  are  authorized  to  confer  with  the  commis- 
sioners on  behalf  of  the  Sute  of  Tennessee  as  to 
the  most  advisable  plan  for  quieting  the  titles 
to  land  which  may  be  claimed  by  the  citizens  of 
either  State  between  the  boundary  line  and  the 
line  commonly  called  "  Walker's  line.'* 

Sic.  4.  Be  tt  Jurther  enacted.  That  if  the  com*- 
missioners  on  the  part  of  the  Suu  of  Tenneeaee 
shall  fail  or  refine  to  net  and  proceed  with  the 
commissioners  to  be  appointed  on  the  part  of  this 
State,  or  if  the  Bxecntive  of  said  Sute  of  Ten- 
nessee should  not  appoint  snch  commissioners, 
nevertheless  the  commissioners  so  to  be  appointed 
on  the  pan  of  this  Sute  may  proceed,  unless  for- 
bidden by  the  fixecutlTe  of  the  Sute  of  Tennes^ 
se^  upon  proper  observations  of  the  true  point 
and  direction  of  thirty-six  degrees  and  thief v 
ttinuics  north  latitude,  to  cause  the  said  bound- 
ary line  to  be  run  and  marked  so  far  as  not  to 
ran  into  the  lands  at  present  claimed  by  the 
Indians. 

Sbo.  5.  And  be  it  Jurther  enacted.  That  said 
commissioners  shall,  for  the  time  they  shall  be 
necessarily  employed  in  the  said  service,  each 
receive  the  sum  oi  five  and  a  half  dollars  per  day ; 
and  that,  upon  the  Governor's  certificate  of  their 
appointments  as  commissioners,  and  of  their  be- 
ing ready  to  proceed  to  the  dischaige  of  the  da- 
ties  herein  prescribed,  they  shall  be  entitled  to 


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Bmmdwpy  Instwtm  JEeateclcy  and  Tnme$t$e. 


dnw  a  sam  from  the  treasarf  of  this  State,  (for 
which  the  auditor  is  berebf  reqoired  to  issue  his 
warrant  oo  the  treasurer))  not  ezceediog  six  hun- 
dred dollars,  for  the  payment  in  part  for  a  sur- 
reyer,  chain-carriers,  makers,  and  furnbhing  the 
requisite  proTisions  \  which  latter  shall  be  fur- 
nished at  the  expense  of  the  State. 

Sfio.  6.  And  be  UJurtker  enacted^  That  it  shall 
be  the  doty  of  the  commissioners  to  report  their 
proceedings,  together  with  an  account  of  the  ne- 
cessary expenses  of  said  services,  to  the  next  ses- 
sion of  the  Legislature. 

Aa  Act  coBceming  the  boundary  line  between  this 
State  and  the  Stale  of  Tennessee.  Approfed  Feb- 
ruaiy  8, 1613. 

Whereas  it  appears,  from  the  communications 
nade  by  the  Qovernor  to  this  L^islature  at  the 
•eimmenoeaeBt  of  the  present  session,  that  the 
Legislature  of  the  State  of  Teaneseee,  by  an  act 
•f  their  last  session,  iia7e  indieated  a  disposKion 
to  depart  froa  the  proposition  formerly  made  by 
thfiir  OoreiBment  to  this,  of  proceeding  by  the 
agency  of  commissioners  mutually  appointed  on 
the  part  of  each,  and  aeting  in  concert  together, 
to  ascertain,  by  correct  and  seientifio  obserfmtioa, 
the  true  liae  of  separation  betweea  the  respective 
Suiiee, agreeably  to  their  chartered  limits;  and 
wbereaa  it  is  deemed  by  this  Legislature  that  the 
troe  interest  and  sound  policy  of  this  State,  as 
wall  as  those  of  Tennessee,  require  an  explicit 
declaration  of  the  views  and  ulterior  determina- 
tion of  each  other  on  this  point,  so  important  to 
the  cultivation  of  harmony  and  a  proper  under- 
standing between  the  Governments  ae  well  as 
eitisensof  two  contiguous  and  friendly  States: 
wherefore^ 

Sfio.  I.  Beit  enaded by  ike  General  Aeeembfyj 
That  the  Governor  of  this  commonwealth  be  re- 
auested  to  communicate  to  the  Executive  aad 
Lagislature  of  the  said  State  the  final  determina- 
tion of  tke  Gtovemment  of  this  commonwealth 
io  relation  to  the  ascertainment  of  the  said  boan- 
dary  liae,  to  be  in  conlormity  with  that  evineed 
by  the  Government  of  Tennessee  in  their  propo- 
sition to  ascertain  the  true  boundary  line  between 
the  said  States,  agreeably  to  their  ehartered  limits 
aa  first  alluded  to  in  the  preamble  of  this  act,  and 
to  solicit,  in  the  most  respeetfol  terms,  from  the 
snid  Government,  a  recognition  of  this  principle, 
end  a  correspondent  detmninatiott  en  their  part, 
with  the  adoption  of  the  necessary  measures  for 
carrying  the. same  Into  complete  operation ;  and 
further  expressing  to  the  said  Government,  in  case 
of  their  final  rejection  of  this  overture,  the  disa- 
greeable neeessuy  imposed  upon  theOevernment 
of  Kentueky  of  having  the  lone-contested  ques- 
tion finally  settled  by  a  resort  to  the  meant  pointed 
out  by  the  Constitution  of  the  United  Slatee  for 
tbe  decision  of  such  controversies. 


An  Act  to  settle  the  boundary  line  between  fhis  State 
and  the  State  of  Tennessee.  Approved  Pebmsiy, 
10, 18ie. 

Whereas  a  dispute  exists  as  to  the  true  position 
15th  Con.  Ist  Ssta*— 75 


of  the  boundary  line  between  this  State  and  the 
State  of  Tennessee,  which  has  produced  many 
attempts  at  accommodation  hitherto  unsuccessfqj; 
and  the  State  of  Tennessee,  by  an  act  of  its  Le- 
gislature, passed  on  the  17th  day  of  November,  in 
the  year  1815,  has  appointed  a  commissioner  to 
wait  on  the  constituted  authorities  of  this  State, 
and  adopted  the  principles  for  adjusting  the  saia 
boundary  line;  and  although  this  State  cannot 
meet  every  proposition  contained  in  the  said  re- 
cited act,  and  pass  one  on  the  part  of  this  State 
in  all  respects  similar,  because,  first,  the  establish- 
ment of  Walker's  line  (as  it  is  usually  called) 
would  not  determine  the  whole  extent  of  boun- 
dary between  the  two  States;  and,  secondly,  be- 
cause this  Legislature  is  forbidden  by  our  own 
constitution  to  form  an)r  compact  with  a  sister 
State,  or  do  any  other  thioug  within  the  purview 
of  legislative  authority,  which  might  take  from 
individuals  a  right  of  property  in  lands  near  the 
contemplated  line,  without  previously  paying  the 
claimants  a  comjHcnsation  therefor :  yet,  the  Le- 

S'slature  of  this  StatCL  being  willinj^  to  keep  open 
e  door  of  accommodation  and  adjustment,  and 
feeling  desirous  that  mutual  harmony  between 
the  two  States  should  not  be  molested  by  a  ter- 
ritorial controversy,  do  propose  the  following 
terms : 

Seo.  1.  Be  it  enacted  by  the  Cfeneral  Assembly 
qfthe  QmmonweaUh  ofRentucly^  That  the  line 
usually  called  Walker^  line,  so  iar  as  it  was  ori- 
ginally run  and  marked,  to  wit.  from  a  point  near 
the  mouth  of  Obed's  o/toe  Aba's  river  to  the  Ten- 
nessee river,  be  th^  true  jurisdictional  line  be- 
tween this  Sute  and  the  State  of  Tennessee; 
and  as  to  the  residue  of  the  line  between  the  two 
States,  the  following  shall  be  adopted  as  the  true 
position  thereof:  At  the  eastern  extremity  of 
Walker's  lin&  near  the  mouth  of  Obed's  river 
aforesaid,  a  line  shall  be  run  at  right  angles, 
either  north  or  south,  as  the  case  may  requirci 
till  it  reaches  the  true  chartered  limits  of  the  two 
States,  in  the  latitude  of  thirty-six  degrees  and 
thirty  minutCK  north ;  and  from  that  point  the 
line  shall  be  extended  to  the  east,  stiU  keeping 
the  same  latitude,  till  it  reaches  the  eastern  boun- 
dary of  this  State.  And  at  the  west  extremity 
of  walker's  line,  to  wit,  at  the  Tennessee  river, 
a  line  shall  be  extended  up  or  down  said  riveri 
(as  the  case  mav  require,)  till  it  reaches  the  true 
chartered  latitude  of  thirty-six  de^^rees  and  thirty 
minutes  north ;  and  from  that  pomt  the  line  shaU 
be  extended  due  west,  still  keeping  the  same  lati- 
tude, till  it  reaches  the  river  MississippL  And 
the  line  so  pointed  out  b^  this  act  shall  be  and 
remain  the  true  jurisdictional  line  between  this 
State  and  the  State  of  Tennessee:  Provided^ 
The  following  articles,  conditions,  and  stipula- 
tions hereby  adopted  on  behalf  of  this  State,  are 
acceded  to  on  the  part  of  the  State  of  Tennessee, 
to  wit: 

First.  The  lines  so  pointed  out  shall  be  marked 
or  remarked,  and  well  cleared,  at  the  joint  ex- 
pense of  each  State,  by  two  commissioners,  at^ 
tended  with  proper  surveyors,  chainmen,  mark<> 
ers,  and  laborers;  and  one  of  said  commiuioners 


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Bimndary  between  Kenhidcy  and  Thmeseee. 


shftU  be  appointed  by  each  State.  Aod,  in  run- 
ning that  part  of  the  line  called  Walker's  line, 
the  commissioners  shall  be  governed  by  the  old 
marks,  if  they  can  be  found,  or  the  most  notorious 
places  of  the  line  as  now  acknowledged,  still 
making  the  line  as  straight  as  can  be  practicable 
if  the  old  line  shall  be  found  to  be  crooked. 

Second.  The  true  chartered  limits  between  the 
two  States  shall  be  run  on  that  part  now  sup- 
plied by  Walker's  line^  and  marked  in  numerous 
places,  so  that  hereafter  it  may  be  found  with 
ease  and  conyenience,  and  may  furnish  evidence 
of  the  situation  of  claims  wnen  they  shall  be 
adjusted  as  hereafter  directed. 

Third.  If  the  true  chartered  limits  in  that  part 
of  the  line  supplied  by  Walker's  line  shall  turn 
out  to  be  north  of  Walker's  line,  and  encroach  on 
what  is  now  under  the  jurisdiction  of  Kentucky, 
and  any  fair  connected  titles  to  laad  derived  under 
the  laws  of  the  State  of  North  Carolina  or  Ten- 
nessee, completed  by  patent  from  the  proper  au- 
thority, shall  appear  between  Walker's  line  and 
the  true  chartered  line,  and  shall  interfere  with 
any  title,  or  cover  any  occupant  holding  title 
under  the  laws  of  this  State  or  the  State  of  Vir- 
ginia, the  claimants,  at  their  option,  may  relin- 
?iuish  Buch  claim,  and  be  entitled  to  compensation 
or  the  value  thereof  from  the  State  of  Kentucky, 
ascertained  in  a  manner  pointed  out  by  this  act; 
or  such  claimants  may  take  any  remedy  to  re- 
cover the  land  which  may  be  most  proper  for 
their  case;  and  if.  on  the  contrary,  the  true  char- 
tered limits  shall  be  south  of  Walker's  Hoe,  and 
include  a  portion  of  the  land  now  under  the  juris- 
diction of  the  State  of  Tennessee,  and  any  fair 
connected  titles  to  land  derived  under  the  laws  of 
the  State  of  Virginia  or  Kentucky,  completed  by 
patent  from  the  proper  authority,  shall  appear 
ietween  Walker's  line  and  the  true  chartered 
line,  and  shall  interfere  with  any  title,  or  cover 
any  occupant  holding  title  under  the  laws  of  the 
State  of  North  Carohna  or  Tennessee,  the  claim- 
ant8«  at  their  option,  may  relinquish  such  claim, 
and  be  entitled  to  compensation  for  the  value 
thereof  from  the  State  or  Tennessee,  ascertained 
in  the  manner  pointed  out  by  a  stipulation  be- 
tween the  two  States ;  or  such  claimants  may 
take  any  remedy  to  recover  the  land  which  may 
be  most  proper  for  their  case. 

FouTih.  If  any  claimant  holding  title  under 
one  State  shall  not  elect  to  take  compensation  for 
the  land  according  to  the  next  preceding  article, 
and  shall,  by  any  suit  in  law  or  equity,  recover 
the  land  from  any  occupant  holding  title  under 
the  laws  of  the  other  State,  he  shall  be  compelled, 
in  a  mode  pointed  out  by  the  Uws  governing 
auch  court  where  the  recovery  may  be  had,  to 
compnsate  the  occupant  for  his  improvements 
on  the  land  according  to  their  intrinsic  value, 
without  any  deduction  for  rents  or  waste;  and 
for  such  compensation  the  occupant  shall  have 
a  lien  on  the  land  so  recovered,  and  shall  not  be 
disturbed  in  the  possession  thereof  till  the  com- 
pensation legally  ascertained  shall  be  paid  to  such 
occupant. 
Fff^  If  any  claim  for  land  ahall  fall  between 


Walker's  line  and  the  true  chartered  limits,  and 
shall  eome  under  the  jurisdiction,  bv  this  arrange- 
ment, of  the  State  from  which  such  title  did  not 
originate,  and  shall  not  be  patented  when  [said] 
line  is  thus  settled,  and  shall  interfere  with  a  title 
derived  from  the  State  to  whom  the  jurisdiction 
shall  be  assigned  by  this  compact,  no  patent  shall 
ever  issue  therefor;  and  all  patents  issued  con- 
trary to  this  article  shall  be  void. 

Sixth.  If  in  the  territory  ceded  by  this  com- 
pact there  shall  exist  any  claim  between  Walker^ 
line  and  the  true  chartered  limits,  which  claim 
shall  be  regularly  derived  under  the  laws  of  either 
State  or  the  parent  States,  and  shall  not  interfere 
with  auy  other  claimant,  but  shall  be  on  land  va- 
cant as  to  other  claims,  the  same  shall  be,  and  is 
hereby,  ratified ;  and  if  not  completed  by  patent^ 
provision  shaii  be  made  by  the  State  iato  whoea 
jurisdiction  it  may  fall  to  complete  the  title  hf 
the  emanation  of  the  grant. 

Seventh.  And  whereas  it  is  belieTed  that  many 
claims  granted  for  actual  settlement  under  th« 
laws  adopted  by  the  State  of  Kentnekr  since  ica 
separation  from  Virginia  were  granted  contrary 
to  the  true  intent  and  meaning  of  said  laws,  with* 
out  any  actual  bona  fide  settlement,  and  that 
some  or  them  are  laid  south  of  what  is  actually 
Walker's  line;  and  it  Sa  also  believed  that  many 
removed  certificates  under  the  laws  of  the  Com- 
monwealth of  KentuckVi  originally  granted  for 
actual  settlement,  have  beoi  removed  and  locatal 
for  speculative  purposes  south  of  Walker's  line; 
now  it  is  hereby  declared  that  such  claims,  where 
they  interfere  with  any  claims  derived  under  the 
laws  of  North  Carolina  and  Tennessee,  south  of 
Walker's  line,  are  not  aided  by  the  provisions  of 
this  act,  and  that  the  owners  of  such  claims  shall 
not  be  entitled  to  any  compensation  under  this 
compact,  provided  they  fall  within  the  ceded  ter- 
ritory, nor  shall  the  State  of  Tennessee  be  bound 
to  allow  patents  to  emanate  for  such  claims  an- 
less  they  are  entered  on  land  entirelyvacaot. 

Eighth.  Ifany  claimant  between  Walker's  line 
and  the  true  chartered  limite  shall  choose  to  re- 
linquish hifi  claim  according  to  the  first  article 
of  this  compact,  he  may  produce  authenticated 
copies  of  his  title-papers  to  any  court  of  general 
jurisdiction  of  matters  of  law  and  equity  in  the 
State  of  Kentucky  which  may  hold  its  aessiona 
nearest  the  lands  so  to  be  relinqnished,  and  also 
to  some  court  of  the  State  of  Tennessee  wbtefc 
may  possess  general  jurisdiction  of  matters  of  law 
and  equity,  and  which  may  hold  iu  sessions 
nearest  the  lands  so  to  be  relinquished ;  and  said 
courts  shall  each  appoint  some  discreet  person  to 
act  as  commissioner  to  value  said  lands  so  to  be 
relinquished,  if  the  claim  shall  come  within  this 
act ;  and  said  two  commmissioners  shall  proceed 
to  appoint  and  associate  with  them  one  other 
commissioner,  and  the  three  being  duly  sworn 
before  some  judge  or  justice  of  the  peace  well 
and  truly  to  value  the  land  so  relioqui!»hed  ae- 
cording  to  the  best  of  their  skill  and  judgment 
without  partiality  or  favor  to  either  party,  and 
without  regard  to  any  improvements  which  may 
have  been  made  thereon,  ahall  proceed  to  value 


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APFENDEL 


2S74 


Bdundary  between;  Kentucky  and  'TVniMMee. 


said  lands,  and  certify  the  same  avder  their  hands 
and  seals;  and,  on  producing  said  Taluation  to 
the  court  appointing  the  commissioner  in  the 
State  where  the  land  lies,  and  also  producing  a 
certified  copy  of  the  relinquishment  of  said  land 
according  to  the  laws  of  that  State  where  the 
land  may  then  be,  the  court  shall  order  the  Falue 
thereof,  so  ascertained  by  commissioners,  to  be 
certified,  and  the  same  shall  be  paid  out  of  the 
public  treasury  of  that  State  in  which  the  land 
may  be  situated. 

Sbo.  2.  Be  it  farther  enacted,  That  if  the  State 
of  Tennessee  shall  pass  a  law  at  or  before  the 
next  stated  session  of  their  Legislature,  similar 
in  all  respects  to  this  act,  the  GoTernor  of  this 
State  shall  proceed  to  appoint  a  fit  person  as 
commissioner,  to  run  and  ascertain  the  position 
of  the  lines  directed  to  be  run  by  this  act,  who 
ahall  receife  for  his  ser?ices  fi?e  dollars  per  day 
during  the  time  he  shall  be  necessarily  emplored 
in  running  the  lines  aforesaid,  and  fife  dollars 
per  day  for  every  tweoty-fire  miles  he  may  ne- 
cessarily trarel  in  going  to  and  returning  from 
the  lines  aforesaid.  The  surveyor  or  surveyors, 
if  any  are  employed  on  the  part  of  this  State, 
shall  each  receive  for  his  or  their  services  five 
dollars  for  each  day  be  or  they  may  be  actually 
employed  in  running  the  lines  aforesaid.  And 
aaid  commissioner  shall  take  an  oath  well  and 
truly  to  execute  all  the  dutiea  assigned  him  by 
this  act  to  the  best  of  his  skill  and  judgment,  and 
to  render  a  true  account  thereof;  and  his  ser- 
vices, certified  by  the  Goverbor,  shall  be  paid  out 
of  the  public  Treasury,  by  virtue  of  a  warrant 
from  the  auditor  of  public  accounts.  Each  la- 
borer and  chain-carrier  employed  on  behalf  of 
this  State  shall  receive  as  a  compensation  for  his 
sex  vices  three  dollars  per  day,  to  be  paid  by  the 
commissioner  out  of  any  funds  which  may  be 

J  placed  in  his  hands  bv  the  Governor  of  this  State 
or  that  purpose ;  and  the  €K>vernor  of  this  State 
shall  have  at  his  disposal,  to  be  drawn  from  the 
Treasury  at  his  order,  two  thousand  dollars,  to  be 
|Mud  in  contingent  expenses,  for  the  purposes 
aforesaid.  Each  chain-carrier  shall  be  sworn  by 
the  commissioners,  or  one  of  them,  well  and  truly 
to  carry  the  chain,  and  render  a  true  account  of 
the  distance*  But  if  the  State  of  Teaneosee  shall 
refuse  to  pass  an  act  similar  in  its  provisions,  this 
met  shall  cease  to  operate,  and  have  no  l<urce  and 
effect ;  nor  shall  any  fact  or  concession  therein 
be  binding  or  obligatory  upon  the  State  of  Ken- 
tuek^  in  any  future  discussion  of  the  said  bound- 
ary line,  whether  that  discussion  be  legislative  or 
judiciaL 

An  Act  lor  adjusting  the  bonndsnr  line  between  this 
StaU  and  the  State  of  Kentucky. 

Whereas  great  injury  may  happen,  as  well  to 
the  citizens  of  the  State  of  Kentucky  as  to  the 
citizens  of  this  State,  from  sufiEering  any  part  of 
the  boundary  line  between  the  two  States  to  re- 
main unascertained  and  unmarked:  Therefore, 

Sbo.  1.  Be  it  enacted  by  the  General  AseenMy 
efihe  State  of  Thmeeeee,  That  the  bne  commonly 


called  Walker's  line,  so  far  as  the  same  has  been 
run  and  marked,  shall  be  considered  and  tak«i  to 
be  the  true  line  between  said  States. 

Sec.  2.  Be  it  enacted,  That  so  soon  as  the  State 
of  Kentuckv  shall  pass  a  law  agreeing  thereto,  a 
direct  line  from  the  eastern  extremity  of  the  lino 
called  Walker's  line  as  marked  at  Cumberland 
river,  to  Walker's  line  at  a  place  called  Cum- 
berland Gap,  shall  be  taken  and  considered  the 
true  line  between  the  two  States. 

Sec.  3,  Be  it  enacted.  That  this  State  will, 
provided  the  State  of  Kentucky  agree  thereto, 
appl]r  to  the  Executive  of  the  United  States  to 
appoint  a  commissioner  to  ascertain  the  true 
point  where  the  boundary  line  between  this  State 
and  the  State  of  Kentucky  will  strike  the  Ten- 
nessee river  on  the  western  bank  thereof,  and 
that  from  said  point  a  line  shall  be  run  directly 
west  to  the  west  boundary  line  of  the  State  of 
Tennessee,  which  shall  be  the  line  between  the 
two  States. 

Sbo.  4.  Be  it  enacted.  That  the  Gk>vernor  of 
this  State  shall  have  full  power  and  authority, 
whenever  he  shall  receive  information  that  the 
State  of  ELentncky  has  agreed  to  the  appointment 
of  commissioners  to  run  and  mark  the  lines  herein 
described,  to  appoint  commissioners  on  behalf  of 
this  Sute^  to  superintend  the  running  and  mark- 
ing the  said  lines. 

Sbo.  5.  Be  it  enacted.  That,  when  said  lines 
shall  have  been  run  and  marked,  every  grant 
which  may  have  been  issued  by  the  State  of 
Kentucky,  and  which  may  cover  lands  lyinff 
south  of  said  line,  shall  be  considered  as  good 
and  valid  as  if  sucn  grants  had  been  issued  under 
the  authority  of  the  State  of  Tennessee:  Provi* 
dedf  alvaye.  That  this  section  shall  not  have  any 
effect  until  the  State  of  Kentucky  shall  have 
passed  a  law  containing  a  similar  provision  with 
respect  to  such  grants  as  may  have  been  issued 
by  the  Slate  of  Tennessee,  and  may  cover  lands 
lying  north  of  the  line. 

Sbo.  6.  Be  it  enacted,  That  this  State  shall 
stand  pledged  to  pay  one-half  of  the  expense  of 
the  commissioner  who  may  be  appointed  by  the 
Executive  of  the  United  States. 

THOMAS  WILLIAMSON, 
Speaker  qfthe  Houee  ofBepreeentativee. 
EDWARD  WARD, 

Speaker  of  the  Senate, 

Passed  November  24, 1817. 

An  Act  to  repeal  all  laws  passed  by  this  State  relative 

to  the  southern  boundary  line.    Approved  January 

80,  1818. 

Sbo.  1.  Be  it  enacted  by  the  General  Aaeembly 
(fthe  Omnumwealth  of  Kentucky.  That  all  laws 
heretofore  passed  by  the  General  Assembly  of 
this  Commonwealtn,  relative  to  the  boundary 
line  between  this  State  and  the  State  of  Tennes- 
see, shall  be,  and  the  same  are  hereby,  repealed. 

Sbo.  2.  Be  itjurlher  enacted,  That  the  south- 
ern boundary  line  of  this  State  shall  be  and  re- 
main on  a  line  running  west  from  the  top  of 
Cumberland  mountain  to  the  Mississippi  nver, 


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APPEHDIX. 


28T8 


Diaptaed  Bmmdar^  wkh  Qftai  BrUaikiu 


ht  tbirtj'tiz  deg^s  aad  thiic^r  niniitee  oorth 
ktkode,  aayihiBg  in  any  former  kw  pissed  by 
this  State  to  the  eoatrar  j  notwithstaiMliDg. 


fcr. 


STATfi  OP  KfiNTUCKT,  > 

Secretary^M  Office,    J 

Fhankfobt,  /l36. 13j  1818. 

The  foreffoiog  memorial  aad  resolations,  and 
the  seyeral laws  annexed  thereto,  are  true  copies 
of  all  the  proceedings  and  laws  passed  by  the  Le- 
gislature of  this  State,  and  of  the  last  law  passed 
bjr  the  Legislature  of  the  State  of  Tennessee,  on 
the  subject  of  the  boundary  line  between  those 
States. 

Attest:  JOHN  POPE,  Sea-etary. 


DEPUTED  BOUNDARY  WITH  GREAT 
BRITAIN. 


[CsmmuMated  to  the  Hous^  April  11, 1618.] 
Mr.  P.  P.  Barbour  made  the  fbllowing  re- 
port: The  committee  to  whom,  by  a  resolution 
of  the  House  of  Representatifes  of  March  27. 
1819^  were  referred  the  President's  Messaj^e  and 
aecoopanyiag  documents  upon  the  subject  of 
the  expenses  incurred  under  the  fourth,  fifth, 
sixth,  and  serenth  articles  of  the  Treaty  of 
Ghent,  with  instructions  to  inquire  into  the  na- 
t«re  and  causes  of  said  expenses,  aad  into  the 
ptiaeiples  apon  which  the  Commissioners  under 
the  sixth  and  seventh  articles  of  said  treaty  have 
pvoeeeded  in  the  execution  thereof,  report:  That 
tiMy  hare  endeavored,  as  far  as  they  have  been 
Able,  to  inreetigate  the  subjects  which  have  been 
eonfided4o  them,  and  now  beg  leave  to  present 
to  the  House  the  result  of  their  inquiries.  They 
will  b^in  with  the  sixth  and  seventh  articles 
first,  though  last  in  numericsl  order,  because 
their  attention  has  been  much  more  particularly 
called  to  them,  and  they  have  had  more  evidence 
befbre  them  in  relation  to  these  articles,  upon 
which  tbey  feel  it  to  be  their  duty  to  make  a 
detailed  report. 

The  sixth  aHiele,  in  substance,  authorizes  the 
cotoillssioo^re,  hy  a  repo«*t  or  declaration  under 
their  hands  and  seals,  to  designate  the  boundary 
from  the  point  where  the  forty-fifih  degree  of 
north  latitude  strikes  the  river  Iroquois  or  Cau- 

Suay,  through  the  said  dver,  the  Lakes  Ontario, 
Srie,  and  Hudson,  through  the  water  communi- 
Nations  between  said  lakes,  and  to  the  water 
communications  between  Lake  Huron  aad  Lake 
Superior;  and  to  decide  to  which  of  the  two 
contracting  pardes  the  islands  lying  within  the 
-said  river,  lakes,  and  water  communicatioDs  do 
respectiyely  belong,  in  conformity  with  the  true 
intent  of  the  treaty  of  1783,  by  which  it  was 
provided  that  this  whole  line  should  uniformly 
pursue  the  middle  of  these  waters. 

The  seventh  article  authorizes  the  satne  com- 
missioners to  fix  the  boundary  line  from  the 
water  communication  between  Lakes  Huron  and 
ouperior,  to  the  most  northwestern  point  of  the 


Lake  of  the  Wooda,  and  to  deei^e  to  wblch  of 
the  two  parties  the  several  istands  lyinc  in  tha 
rivers,  lakes,  and  water  eommunteations  forming 
said  boundary  do  respectively  bdoDs^,  in  con* 
formity  with  the  treaty  of  1783,  and  to  cause 
such  paris  of  said  boundary  as  require  it  to  be 
surveyed  and  tnarked.  It  further  requires  the 
commissioners  to  desiflfnate  the  boundary  afore- 
said, to  particularize  the  latitude  and  loogirude 
of  the  most  northwestern  point  of  the  Lake  of 
the  Woods,  and  of  such  other  parts  of  said  bouDif^ 
ary  as  they  may  deem  proper.  These  are  the 
duties  to  be  performed.  In  relation  to  the  man*- 
ner  of  their  performance,  the  committee  refer  to 
the  letter  of  General  Peter  B.  Porter,  the  Ameri^ 
can  commissioner,  to  the  Secretary  of  State, 
under  date  of  November  3,  1817,  ouirked  F  s*  to 
a  stateiaent  in  writing  of  the  same  gentleman 
presented  to  the  committee,  under  date  of  April 
3, 1818,  marked  G ;  and  to  an  afiMavit  of  David 
P.  Adams,  the  astronomical  surveyor,  marked  H; 
all  of  which  ara  annexed  as  a  part  of  this  re- 
port. The  letter  and  statement  of  General  Pim> 
ter  describe  in  general  terms  the  manner  in  which 
the  commissioners  proceeded  to  ascertain  tho 
boundary  line,  but  the  affidavit  of  Mr.  Adama 
l^oes  into  a  minute  deseription  of  it;  from  that 
It  will  be  seen  that  an  aecurate  survey  of  tha 
line  was  considered  necessary,  and  the  plan 
which  was  adopted  was  this :  a  connected  seriea 
of  triangles  was  arranged  throughout  all  the 
various  channels,  and  an  entire  concatenation  of 
them  was  preserved  along  the  whde  extent  of 
the  Work,  Mog  somewhat  more  than  forty  milea 
in  extent,  executed  the  last  year ;  all  the  anglea 
were  carefully  measured  and  verified  at  thek 
respective  stations;  likewise  all  the  angles  of  the 
incurvation  and  excurvation  of  the  intermediate 
coast  of  water  lines  were  minutely  measured  for 
the  purpose  of  platting  the  shores  with  exacti- 
tude. It  is  obvious  that  this  course  must  he  ex* 
tremely  slow  in  its  execution,  and  must  involve 
an  immense  expense ;  and,  consequently,  if  any 
mode  could  be  devised  which  would  answer  the 
proposed  purpose^  and  at  the  same  time  be  much 
cheaper,  aad  require  much  less  time  for  its  exe» 
cutioB,  it  would  be  highly  desirable.  General 
Porter,  in  his  letter  and  sutement  before  referred 
to,  goes  into  reasoning  to  prove  the  propriety  of 
the  course  adopted;  he  considers  that  the  line 
cannot  be  correctly  desi|fnated  but  by  a  map  ; 
that,  being  a  water  line,  it  moat  be  delineated  cry 
rektion  to  the  shores  and  islands,  and.  that  thw 
cannot  be  done  hot  by  actual  survey.  That  the 
mode  adopted  is  the  most  precise  and.  aecfiTata 
one,  cannot  be  questioned ;  but  the  committee, 
though  they  are  not  conversant  with  such  sub- 
jects, are  decidedly  of  opinion  that  the  accuracy 
and  preciition  which  are  produced  by  the  course 
pursued  are  not  necessary  to  designate  the  boun- 
dary ;  they  further  are  impressed  with  a  belief 
that  a  map  is  not  required  for  that  purpose,  sod 
that  even  surveying  is  not  necessary,  unless  in 

*  This  and  all  the  papers  subsequently  ralemd  to 
have  been  omitted. 


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APPENDIX- 


2878 


J)i$fmUd  Bwudary  wth  Gr$at  Britain. 


? articular  sitaations.  Although  the  treaty  of 
783  fixes  npon  the  middle  of  the  rirer,  lakes, 
dbc*,  as  the  line,  yet  it  would  seem  that  it  must 
have  contemplated  the  middle  of  the  best  nav- 
igable cbaDuel ;  otherwise,  io  pursuing  the  pre- 
cise course  of  the  middle,  islands  would .  fre- 
quently be  separated  into  parts,  and  one  part  be- 
long to  each  of  the  Qorernments ;  and,  further, 
the  right  of  navigation  of  each  would  be  impair- 
ed, if  not  destroyed,  by  the  line  crossing  the  navi- 
gaoie  channeL  If  this  idea  be  correct,  the  great 
subject  of  inquiry  would  be  to  ascertain  the  best 
navigable  channel ;  and  this,  it  seems  to  the  com- 
mittee, might  be  done  by  observation,  and  sound- 
ing the  depth  of  the  water :  all  the  islands  which 
had  names  of  notoriety  might  be  described  by 
their  names ;  and  where  they  had  not  such  names, 
monuments  might  be  erected  upon  them,  and,  if 
thought  necessary,  monuments  might  also  be 
erected  upon  the  land  opposite  to  them,  and  their 
relative  position,  as  well  as  distance  from  the 
ahore^  might  be  ascertained  by  survey.  This  sys- 
tem, if  it  would  answer,  would  save  much  time 
and  money ;  for,  to  proceed  in  the  same  manner, 
and  with  ooly  equal  speed,  as  was  done  last  year, 
would  require  a  long  series  of  jears  to  complete 
the  work.  Mr.  Adams  states,  indeed,  that,  trom 
the  changes  which  he  understands  are  proposed 
in  the  mode  of  proceedings  they  will  be  able  to 
proceed  the  next  year  with  double  the  celerity ; 
and  General  Porter,  in  his  statement  before  re- 
ferred to,  eipresses  the  opinion  that  at  the  last 
year  was  one  necesfarily  m  some  degree  of  pro- 
jection and  experiment,  and  as  they  have  deter- 
mined to  change  the  mode  of  proceeding,  in  the 
manner  pointed  out  in  his  statement,  thev  can, 
with  not  much  increase  of  expense,  proceed  with 
three  or  four  times  the  speed,  and^  after  passing 
the  St.  Lawrence,  in  which  there  are  many  ob- 
structions, with  rapidity ;  but,  even  with  all  these 
changes  and  improvements,  there  is  no  compari- 
son between  the  mode  adopted  by  the  commis- 
sioners and  that  suggested  by  the  commiuee  (if 
it  will  answer  the  purpose  proposed)  in  point  of 
expense,  and  the  time  necessary  for  the  comple- 
tion of  the  work.  The  committee  are  disposed 
to  think  that  the  treatv  did  not  contemplate  a 
map  of  this  boundary,  from  this  circumstance — 
that  the  fifth  article  requires  the  oommisMoners 
to  make  a  map  of  the  boun^ry  therein  men- 
tioned, whereas  there  is  no  such  provision  in  the 
sixth  and  seventh  articles.  The  committee  diffrr 
in  another  respect  from  the  commissioners  in  re- 
gard to  the  manner  of  executing  their  duties; 
they  seem  to  have  thought  that,  with  a  view  to 
the  comolete  execution  oif  those  duties,  it  was  oe- 
cessarv  lor  them  to  auend  in  person,  and  superin- 
tend the  survey.  The  committee  are  disposed  to 
think  that,  whateveor  course  should  have  been 
pursued  in  order  to  get  the  necessary  evidence 
upon  which  to  settle  the  boundary,  whether  by 
survey  or  otherwise,  the  commissioners  constitute 
a  court  whose  business  is  to  decide,  aikl  that  it 
beloags  to  the  agenu  to  furnish  the  facts  for  de- 
cision; they,  however,  do  not  mean  to  say  that 
the  commissioAers  oiay  not  direct  the  agents' 


attention  to  such  points  as  thejr  may  deem  neces** 
sary,  aor  that  they  might  not,  in  particular  cases 
of  difficulty,  make  actual  personal  observations* 
This  opinion  results  from  what  they  consider  a 
correct  construction  of  the  treaty.  Tiie  sixth  uid 
seventh  articles  have  reference  to  and  adopt  the 

S revisions  of  the  fourth,  in  relation  to  the  oath  and 
uty  of  the  commissioners:  by  the  fourth  it  is  pro- 
vided that  they  shall  be  sworn  impartially  to  e!s- 
amine  and  decide  upon  the  said  claims,  according 
to  such  evidence  as  shall  belaid  before  them  on  tht 
part  of  His  Britannic  Majesty  and  the  United 
States^  respectively.  After  the  board  of  commis- 
sioners was  organized,  a  difference  arose  between 
them  and  Samuel  Hawkins,  agent  of  the  United 
States,  in  relation  to  the  boundaries  of  the  respeo- 
tive  Powers.  The  views  of  the  agent,  togethsr 
with  his  reasons^  will  be  seen  by  reference  to  three 
documents  herewith  referred  to,  and  namb^ed 
from  5  to  7,  both  inclusive :  the  first,  a  remon^ 
straace  presented  by  the  agent  of  tbeeommissioft- 
ers  the  29th  May  1817 ;  the  second,  a  stateflMat 
addressed  to  the  Secretary  of  State  the  26th 
Febraary,  1818 ;  and  the  third,  a  statement  pre- 
sented to  the  committee  under  date  of  the  2d 
April,  1818.  As  connected  with  this  part  of  the 
report,  the  committee  also  refer  to  a  correspond- 
ence between  the  agent  and  Secretary  of  States 
numbered  from  1  to  4,  incluiaire.  The  views  of 
the  commissioners  will  be  seen  by  a  refeveace  to 
a  document  marked  R,  June  24, 1817.  The  com- 
mittee being  referred  to  the  precedent  under  tlie 
treaty  of  1794,  sought  information  in  relatioii 
thereto  from  the  State  Department.  The  inform 
ma^ion  obtained  will  be  found  in  the  letters  from 
that  Department^  marked  L  and  N;  boat  the 
latter  of^  which  it  appears  (the  first  not  beiag 
considered  sufficiently  precise)  that  the  commis- 
sioners did  personally  inspect  the  rivers  respec- 
tively alleged  to  be  the  St.  Croix  of  the  treaty  of 
1783 ;  but  they  did  not  attend  at  the  actual  utro- 
nomical  surveys  and  the  projection  of  the  maps. 
It  ought  to  be  remarked  that»  for  some  time  a£er 
the  board  was  organized,  no  agent  was  appoialsd 
on  the  part  of  Great  Britain. 

As  it  respects  the  principles  uposi  which  the 
commissioners  have  proceeded,  (if  thereby  be 
meant  the  rules  of  decision  by  which,  as  general 

Sinciples,  the  individual  questioBS  oc  doubt  and 
fficolty  are  to  be  determined  as  they  may  oc- 
cur,) it  cannot  perhaps  be  said  that  any  nsTe 
been  solemnly  uectded.  The  only  information 
which  the  committee  have  will  be  found  by  a 
reference  to  a  part  of  the  document  marked  G, 
(General  Porter's  statement,)  that,  though  the 
commissioners  have  had  full  and  trequent  con- 
versations u  to  the  principles  by  which  they 
should  be  ffuided  in  certain  hypothetical  cases 
which  might  arise,  yet  they  have  never  adjudi- 
cated or  settled  any  abstract  principles ;  aiul  he 
does  not  feel  himself  at  liberty  to  give  to  the 
committee,  as  such,  the  incidental  conversattmis 
above  alluded  to. 

We  come  now  to  the  expenses  incurred  in  the 
execution  of  the  sixth  and  seventh  articles.  The 
documeat  aaarked  E  shows  the  aggregate  asBOunt 

Digitized  by  VjOOQIC 


t879 


AFPBNUrSL 


2S60 


Dispuied  Bcmdarj  i0Uh  ChreaJt  Britain. 


to  be  $35j283  53|,  composed  of,  first,  eommis- 
rioner's  compensation  for  two  years  (^,888 ;  sec- 
ondly, the  proportion  of  the  United  States,  that 
is,  one-half  or  the  eontin^jrent  expenses,  which 
proportion  is  $10,357  394;  thirdly,  agent's  ac- 
count for  two  years'  salary  and  contingent  ex- 
penses, $16,038  14. 

The  compensation  of  the  commissioner  is  pro- 
Tided  for  in  the  eighth  article  of  the  treaty,  by 
declaring  that  the  commissioners  shall  be  paid 
in  such  manner  as  shall  be  agreed  between  the 
two  contracting  parties,  such  agreement  being  to 
be  settled  at  the  time  of  the  exchange  of  the  rat- 
ifications of  the  treaty.  The  document  K  shows 
an  agreement  between  the  United  States  and  the 
British  Chargft  d' Affaires,  declaring  the  princi- 
ples of  the  payment  of  the  commissioners  to  be 
the  same  as  under  the  treaty  of  1794,  that  is,  the 
expense  to  be  equally  borne ;  but  it  does  not  fix 
the  amount.  It  appears,  howerer,  by  a  letter 
ftom  the  Secretary  of  State,  (marked  L,)  to  be 
underHood  that  the  American  commissioners  are 
entitled  to  £1,000  sterling. 

As  to  the  contingent  expenses,  the  eighth  arti- 
cle of  the  treaty  proTides  that  all  other  expenses 
(after  having  provided  for  the  payment  of  the 
commissioners)  attending  the  commission  shall 
be  defrayed  equally  by  the  two  parties.  The 
document  marked  C  shows  the  whole  amount  of 
the  United  Slates'  share  of  the  contingent  ex- 

CQses,  and  that,  together  with  the  one  marked 
,  exhibits  the  several  items  composing  that 
amount.  From  an  examination  of  these,  it  will 
be  seen  that  $6,680,  part  of  the  110,357  39^, 
goes  to  the  salaries  and  wages  of  assistant  seere- 
Ury,  surveyor,  and  others  employed.  The  treaty 
recognises  the  appointment  of  a  secretary  by 
name,  but  not  or  an  assistant  secretary;  and 
though  it  authorizes  the  employment  of  such 
surveyors  and  other  persons  as  shall  be  judged 
necessary,  yet  the  committee  incline  to  the  opin- 
ion that  these  words  do  not  include  the  idea  of 
any  distinct  office;  of  this,  however,  the  House 
will  judge  for  themselves.  If  their  idea  as  to 
the  assistant  secretary  be  correct,  then  his  salary 
of  $2,200  may  be  saved;  and  if  their  opinion 
also  be  correct  as  to  the  practicability  of  ascer- 
Uining  the  boundary  without  actual  survey  and 
map,  then  there  would  be  a  very  great  saving  in 
the  other  items  of  the  wages  and  expenses  of 
persons  concerned  in  the  survey.  According  to 
the  opinion  of  the  committee,  that  part  of  the 
expenses  which  are  personal  to  the  commission- 
ers is  not  properly  chargeable  to  the  Government. 
It  is  for  the  House  to  determine  what  influence 
the  precedent  under  the  treaty  of  1794,  hereafter 
mentioned,  shall  have  as  to  the  expenses  of  a 
passage  to  the  river  to  be  decided  on.  As  to  the 
residue,  as  the  document  C  presents  them  in  mi- 
nute detail,  the  House  have  upon  the  subject  all 
the  information  which  the  committee  have. 
General  Porter  considers  that  he  was  referred  by 
the  Government  generally  to  the  proceedings  of 
the  commissioners  under  the  treaty  of  1794  for 
precedents,  and  he  was  of  opinion  that  the  pre- 
cedent of  those  commissioners  justified  the  charge 


of  his  necessary  personal  expenses.  In  relation 
to  the  opinion  of  the  Government  that  the  com- 
missioners would  pursue  the  rules  established  in 
1794,  see  letter  from  the  Department  of  State, 
No.  4.  The  committee  have  procured  from  that 
Department  one  letter  (marked  L)  of  the  3d 
April,  1818,  and  another  (marked  N)  of  the  8th 
April,  1818 ;  the  first  of  these  states,  in  general 
terms,  that  no  allowance  was  made  to  the  com- 
missioners for  their  personal  expenses  in  addition 
to  their  salaries ;  the  second  letter  stares  chat  the 
commissioners  did  allow  themselves  the  contin- 
gent expenses  of  their  passages  bj  sea  between 
tne  United  States  and  the  British  provinces, 
which  became  necessary  for  the  execution  of 
their  duties,  and  that  no  other  personal  expenses 
appear  to  have  been  allowed  to  them. 

As  to  the  expenses  of  the  aeent,  the  statement 
before  referred  to  (marked  B;  shows  the  whole 
amount  of  the  agent's  account,  consisting  of  two 
years'  salary  and  contingencies,  to  be  $16,038  14. 
The  account  D,  therein  mentioned,  shows  the 
items  of  w>hich  it  is  composed.  Those  items  are, 
first,  two  years'  salary,  at  $4,444  44,  equal  to 
$8,^  88 ;  secondly,  one  year's  salary  paid  the 
secretary  of  the  agency,  $1,000 ;  thirdly,  contin- 
gent expenses  thus  charged:  "For  expenses  for 
myself,  Major  Roberdeau,  boatmen,  chainmen, 
fls^gmen,  dbe.  on  an  exploring  excursion  from  St. 
Regis  lo  Lake  Superior,  audited  in  March,  1817, 
$3,258  12,"  (see  document  O;}  and  fourthly, 
contingent  expenses  thus  charged^  *^ To  amount 
of  expenses  for  agency  for  1817,  as  per  account, 
$2,891  14."  The  particulars  of  the  audited  part 
of  the  contingent  expenses  do  not  appear  before 
the  committee  other  than  as  above  stated ;  but  as 
to  the  other  charge  for  contingent  expenses,  to 
wit,  the  $2^891  14,  not  yet  audited,  (as  is  believ- 
ed,) there  is  a  paper  before  the  committee  pur- 
porting to  be  an  account  of  them,  though  not 
signed  oy  the  agent,  from  which  the  Mrticuiars  ap- 
pear. (See  that  paper,  marked  P.)  It  appears  also, 
from  a  document  marked  €t,  (an  audited  account.) 
that  $428  was  allowed  to  Major  Isaac  Rober- 
deau as  topographical  engineer  on  the  exploring 
party  with  the  agent  The  agent  considers  him- 
self entitled  to  a  salary  of  £1,000  sterling  for  the 
following  reasons :  he  says  in  his  statement  (No. 
7)  that  in  1816  the  then  Secretary  of  State  (Mr. 
Monroe)  assured  him  his  salary  should  equal  that 
of  the  British  ajy^ent;  that,  though  in  the  forma* 
tion  of  the  register  under  a  resolution  of  Con- 
gress the  sum  of  $3,000  was  set  against  his  name, 
he  was  assured  by  the  Department  of  State  that 
it  was  not  intend^  by  that  act  to  settle  the  agent's 
salary.  He  refers  in  his  statement  to  the  letter 
of  Mr.  Rush,  then  Secretary  of  State.  (No.  4,) 
in  which  it  is  said  that  it  is  the  wish  or  the  Pre- 
sident that  his  salary  should  ultimately  be  equal 
to  that  of  the  British  agent,  should  that  exceed 
$3,000,  at  which  his  was  then  for  the  presept  fixed. 
He  states,  further,  that  the  State  Department 
having  learned  that  the  British  agent  received 
£1,000  sterling,  both  under  the  treaty  of  1794 and  • 
that  of  Ghent,  the  accounting  officer  of  that  De- 
partment informed  him  his  salary  was  fixed  at 


Digitized  by 


Google 


mi 


APPENDIX. 


2S62 


Dhptited  Bcundojy  wUh  Great  Briiaku 


that  sirai ;  and.  fiDally,  that  the  agent's  salary 
voder  the  foartn  article  has  been  actaally  fixed 
at  that  sam.  These  are  the  grounds  of  his  claim  ; 
they  are  submitted  to  the  House.  The  commit- 
tee wouid  hare  doubted  much  the  power  of  the 
agent  under  the  treaty  to  appoint  a  clerk ;  the 
letter,  however,  from  the  Secretary  of  State 
YNo.  4)  authorized  him  to  do  so,  at  li  salary  of 
$1,000,  which  is  what  has  been  paid.  (See  also 
the  agent's  reasoning  as  to  the  necessity  of  one 
in  his  statement  No.  7.)  As  to  the  reisidue  of  the 
expenses  attending  the  agency,  the  committee 
hare  presented  all  the  eridence  in  their  posses- 
sion to  the  Tiew  of  the  House;  they  will  only 
add  that,  by  the  letter  from  the  Secretary  of 
Sute,  (No.  2,)  dated  8th  Juiv,  1816,  the  scheme 
of  exploring  the  whole  boundary  in  dispute,  tak- 
ing an  accurate  riew  of  each  island,  the  depth  of 
the  water,  &c.  is  approved. 

In  the  progress  or  this  inquiry,  two  intimations 
were  ^iven  to  the  committee,  which  they  thoueht 
it  their  duty  to  investigate,  to  wit:  1st.  That 
Gen.  Porter  was  interested  in  the  islands  of  the 
St.  Lawrence ;  2d.  That  he  had  acted  improperlv 
in  the  di»bursement  of  a  part  of  the  money  which 
the  Qovernment  had  advanced  him  towards 
paying  the  expenses  of  the  commission.  As  it 
respects  the  first  of  these  subjects,  (that  is,  the 
interest  of  General  Porter  in  the  islands,  dbc.,)  the 
committee  have  examined  every  person  who  was 
siuggested  to  them  as  probably  knowing  anything 
in  relation  to  it.  The  various  statements  sul^ 
joined  to  thb  report,  and  sworn  to,  marked  S,  T, 
U,  and  V,  contain  the  whole  of  the  evidence. 
From  this,  the  committee  are  satisfied  that  Gen- 
eral Porter  is  In  nowise  concerned  or  interested 
in  any  inland  in  the  St.  Lawrence;  nor  is  there 
any  proof  that  he  has  any  interest  in  any  but  one 
upon  the  whole  boundary  line,  to  wit,  in  the  Ni- 
agara; and  it  seems  that  there  is  some  doubt 
whether  that  belongs  to  him  or  his  brother,  (see 
doeument  marked  V,  Ogden's  evidence;)  and 
thb  island  is,  perhaps,  three  hundred  miles  above 
where  they  have  been  surveying.  The  mistake 
most  probably  occurred  in  this  way :  Mr.  Ogden, 
of  the  House  of  Representatives,  lays  claim  to 
many  of  the  islands  in  the  St.  Lawrence.  He  also 
claims  a  large  tract  of  land  on  the  main  land  in 
New  York,  having  no  island  attached  to  it,  in 
which  General  Porter  is  concerned.  It  appears 
that  these  two  speculations  have  been  confounded. 
and  that  the  rumor  of  Gkneral  Porter  being  con- 
cerned in  the  island  speculation  has  arisen  from 
the  circumstance  of  his  beine  concerned  in  the 
other.  (See  Hawkins's  affidavit,  marked  W; 
Delafield-s  affidavit,  marked  t* ;  Ogden's  affidavit, 
marked  V  |  and  Adams's  affidavit,  marked  U,  in 
relation  principally  to  this  point.) 

As  to  the  subject  of  the  money,  the  document 
marked  W  (the  evidence  of  Samuel  Hawkins) 
contains  all  the  information  which  the  committee 
have  got  on  that  subject.  From  ibis  it  appears 
that  the  money  advanced  by  Government  to  Gen- 
eral Porter  was  in  a  draft  on  the  Branch  Bank  of 
New  York ;  that  Gkneral  Porter  paid  Mr.  Haw- 
kins 9iftQ0,  in  New  York,  in  Bufialo  Bank  notes, 


which  were  at  about  three  per  cent,  discount ;  and 
that  he  paid,  for  provisions  and  other  purposes  of 
the  commission,  those  and  other  notes  of  the  in- 
terior, during  the  last  season.  But  the  witness 
states  that  the  Buffalo  Bank  was  a  specie-paying 
bank;  that  its  notes  were  generally  current  and 
at  par  on  the  frontier ;  and  that  the  discount  in 
New  York  was  probably  owing  to  the  risk  and 
expense  of  transporting  specie ;  and,  further,  that 
he  does  not  know  that  General  Porter  is  interested 
in  the  bank ;  and  that  he  could  not  suppose  Gen- 
eral Porter  had  deposited  the  money  in  the  Buf- 
falo Bank  for  his  individual  interest.  General 
Porter  himself  states  that  he  had  been  interested 
in  the  Buffalo  Bank,  but  that  he  had  sold  out 
his  interest  some  months  before  the  transaction 
above-mentioned,  and  that  he  in  no  shape  derived, 
or  expected  to  derive,  one  cent  of  profit.  He 
states,  further,  that  he  drew  on  New  York,  on 
his  own  account,  and  received  the  notes  of  the 
Buffalo  Bank ;  that  he  expected  to  expend  the 
money  on  the  frontier,  where  they  were  at  par  j 
and  that  he  did  not  know  they  were  at  a  discount 
in  New  York.  Upon  the  whole  view  of  the  sub- 
iect.  the  committee  are  decidedly  of  opinion  that 
he  derived  no  advantage  from  the  transaction.  As 
it  respecU  the  other  articles  of  the  treaty,  the  res- 
olution requires  the  committee  to  investigate  the 
nature  and  causes  of  the  expenses  incurred  under 
them. 

The  fourth  article,  in  substance,  requires  the 
commissioners,  bj  a  declaration  under  their  hands 
and  seals,  to  decide  to  which  of  the  contracting 
patties  the  islands  in  the  bay  of  Passamaquoddy, 
and  the  island  of  Grand  Menan,  in  the  bay  of 
Fuody,  respectively,  belong,  in  conformity  with 
the  true  intent  of  the  Treaty  of  178a  Under  this 
article,  the  documents  B  and  A  show  the  amount 
of  the  accounts  settled  at  the  Treasury  to  be 
^10,406  04,  consisting  of  the  compensation  of  the 
affents  from  11th  April,  1816,  to  lllh  December, 
1817,  at  ^,444  per  annum,  amounting  to  97,407 
40,  and  the  United  States'  proportion  of  the  con- 
tingent expenses,  $2,998  64 ;  and  the  doeument 
X  shows  the  amount  of  the  compensation  claimed 
by  the  commissioner  to  be  $8,172  48,  being  the 
sum  which  would  be  due  to  him,  at  the  rate  of 
$4,444  44  per  year,  from  16th  January,  1816,  to 
17th  November,  1817,  inclusive,  of  which  94,500 
has  been  paid  him.  Adding  the  commissioner's 
claim  to  the  other  gives  the  total  amount  of  the 
expense  to  the  United  States  under  this  article^, 
to  wit,  918,578  52.  With  regard  to  the  commis- 
sioners and  agents'  salaries,  it  is  presumed  they 
will  both  stand  on  a  common  footing  with  the 
same  officers  under  the  other  articles ;  and,  there- 
fore, the  remarks  already  made  apply  to  them. 
As  to  the  contingent  expenses,  see  the  document 
No.  8,  showing  them  in  detail.  As  far  as  any  of 
these  expenses  can  be  considered  personal  to  the 
commissioners,  the  committee  would  object  to 
them  as  not  being  allowable ;  and,  indeed,  the 
commissioners  themselves  did  not  intend  to 
charge  them,  as  appears  from  a  letter  of  Mr. 
Holmes,  the  American  Commissioner,  marked 
A  A.    Amongst  those  which  deyolve  on  the  Got- 

Digitized  by  VjOOQ 


2S88 


APPENDIX 


2384 


OiMfmted  Bmmdarp  wM  Gjwa  BrUa&i. 


ernment.  in  that  leUer,  are  meotioiied  the  char- 
leriDg  of  a  vessel  to  examine  the  islaods,  room 
for  commissioners,  secretary  and  clerk's  pity.  As 
to  the  pay  of  the  secretary,  it  certainly  is  charge- 
able to  the  Gorernment.  As  to  the  clerk's  pay, 
4hat  also  woold  be  chargeable  in  like  manner,  if 
the  commissioners  had  authority  to  employ  them. 
The  words  of  the  eighth  article  are,  '*  that  they 
Aiay  employ  such  surveyors  and  other  persons  as 
they  shall  judffe  necessary."  As  to  the  necessity 
for  their  employment,  and  the  amount  of  com- 
pensation paid  them,  see  the  statement  of  Mr. 
Holmes,  American  Commissioner,  marked  BB, 
«8  also  his  letter  already  referred  to,sati8factoriljr 
showing  that  economy  was  consulted  by  their 
•employment.  As  to  the  expense  of  the  passage 
to  the  islands,  the  committee  would  have  thought 
that  not  properly  chargeable ;  but  the  commis- 
sioners are  justified,  not  only  by  the  precedent 
under  the  Treaty  of  1794,  (see  letter  from  State 
Department  before  referred  to,  marked  N,)  but 
also,  as  appears  from  the  letter  of  Mr.  Holmes, 
marked  AA,  by  the  authority  of  the  Government. 
He  states  that  he  chartered  a  vessel  by  order  of 
the  Government.  As  it  relates  to  the  room,  the 
question  is  submitted  to  the  House. 

The  fifth  article  of  the  treaty,  in  subsunce,  re- 
quires the  commissioners  to  ascertain  the  north- 
west angle  of  Nova  Scotia,  and  the  north  west- 
ernmost head  of  Connecticut  river;  and  to  cause 
to  be  surveyed  that  part  of  the  boundary  line 
which  extends  from  the  source  of  the  river  St. 
Croix,  directly  nortb^  to  the  northwest  angle  of 
Nova  Scotia;  thence,  along  the  highlands  which 
divide  the  waters  of  the  St.  Lawrence  and  At- 
lantic, to  the  northwesternmost  head  of  Connects 
icut  river;  thence,  down  along  the  middle  of  that 
river,  to  the  forty-fifth  degree  of  north  Utitude ; 
thence,  by  a  line  due  west  on  said  latitude,  till  it 
•trikes  the  river  Iroquois  or  Cataragny.  In  re- 
lation to  the  expenses  incurred  under  this  article, 
it  is  not  in  the  power  of  the  committee  to  give 
the  tlouse  as  precise  information  as  they  could 
wish.  All  which  they  possess  themselves  is  con- 
tained in  the  document  marked  B ;  from  which 
it  appears  that  the  aggregate  amount  of  all  the 
expenses  under  the  firth  article  is  $27,854,  eon- 
•isting  of  a  charge  for  commissioner's  salary  of 
$8,888,  being  two  years  at  $4,444,  per  annum ; 
agent's  salary  for  one  year  $4,444 ;  United  States' 
proportion  of  secretary's  salary  $1,111;  salary  of 
principal  surveyor,  $1,500;  and  a  charge  thus 
stated:  '*the  pay  to  the  assistant  surveyor,  the 
necessary  number  of  chain  bearers,  provision  car- 
rierS|  and  other  men,  expense  of  instruments,  sup- 
plies of  provisions  and  other  necessary  articles, 
transportation  to  and  from  New  Brunswick,  and 
other  necessary  contingent  expenses  on  the  part 
of  the  United  States,  in  the  whole,  about  ^ll^Oll." 
It  will  at  once  be  seen  that  there  is  not  sufficient 
detail  in  this  on  which  to  form  an  accurate  opin- 
ion. It  is  proper  further  to  state  that  this  is  only 
an  estimate  of  what  the  commissioner  supposes  it 
will  be ;  it  has,  as  yet,  not  been  passed  by  the 
board.  (See  reasons  assigned  in  the  document 
B.)    The  committee  having  stated  the  nature 


and  amount  of  the  charge,  the  House  have  the 
same  means  of  forming  an  optaioa  as  themaelvea. 
They  will  remark  that,  daring  the  inquiry,  they 
have  heard  what  gives  them  an  ottfavoraUe  ioi- 
pression  as  to  the  despatch  and  economy  which 
attended  the  execution  of  this  article  dorinff  the 
last  year ;  but  that  which  they  heard  could  net 
itselt  be  used  as  evidence,  and  the  persoa  from 
whom  it  is  said  to  have  come  is  not  withia  the 
reach  of  the  committee ;  they  doubted  the  pro- 
priety of  mentioning  it,  but  they  thougbt  ijhe 
House  ought  to  have  even  the  intimations  whiok 
were  ffiven  them.  The  committee  have  now  pre- 
sented as  full  a  view  of  this  subject  as  the  evidence 
before  them  enabled  them  to  do;  they  have  felt 
some  difficulty  in  deciding  how  to  attain  the  ob- 
ject which  they  have  in  view;  they  have,  how- 
ever, finally  determined  to  recommend  to  the 
House  the  adoption  of  the  following  resoiotJon : 
Betohedf  That  the  President  of  the  United 
States  be  requested  to  arrange  with  the  Britiah 
Government  some  mode  of  designating  the  boun- 
dary line  under  the  sixth  and  seventh  articles  of 
the  Treaty  of  Ghent,  which  shall  require  less  time 
and  expense  than  the  one  which  the  commiasioB- 
ers  have  heretofore  pursued. 

In  the  House  of  REPRBSBicTATivBa,  U.  S. 

AprU  li,  18ia 

Ordered^  That  the  Committee  of  the  whole 
House  be  discharged  from  the  further  considera- 
tion of  the  report  of  the  select  committee  appoint- 
ed to  inquire  into  the  expense  incurred  undier  the 
fourth,  fifth,  sixth  and  seventh  articles  (^  the 
Treaty  of  Ghent,  and  that  the  same  be  refetred  to 
a  select  committee. 

Ordered,  That  Mr.  Taylor,  Mr.  Williams,  of 
Connecticut,  Mr.  Claiborne,  Mr.  Rich,  Mr.  BAer- 
ton,  Mr.  Sherwood,  and  Mr.  Ballard  Smith,  be 
the  said  committee. 

Attest :  T.  DOUGHERTY,  a  H.  R. 

The  select  committee  appointed  under  a  resolu- 
tion of  this  House  of  the  14th  of  April,  1818,  to 
whom  was  referred  a  report  of  the  committee 
raised  to  inquire  into  the  expenses  incurred 
under  the  fourth,  fif\h.  sixth,  and  seventh  articles 
of  the  Treaty  of  Ghent,  have  had  the  same 
under  consideration,  and  report: 
That  they  have  not  attempted  to  re-exatBiae 
the  various  matters  detailed  by  the  said  coniHiil- 
tee,  but  have  endeavored  to  ascertain  the  cauae 
of  the  unfavorable  impression  mentioned  in  the 
following  sentence, 'extracted  from  the  last  page 
of  that  report :  "  They  {the  committee]  will  re- 
mark that,  during  the  inquiry,  the^  have  heard 
what  gives  them  an  unfavorable  impression  as 
to  the  despatch  and  economy  which  attended  the 
execution  of  this  article  during  the  last  year ;  bat 
that  which  they  heard  could  not  itself  be  used  m 
evidence,  and  the  person  from  whom  it  is  said 
to  have  come  is  not  within  the  reach  of  the  com* 
mittee ;  they  doubted  the  propriety  of  mentieaieg 
it,  but  they  thought  the  House  ought  to  have  < 


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APPBNDIX. 


Di^pnUed  Bomdar^  wth  Great  Britain. 


tbe  intiouuioos  whieh  were  glren  tbem."  Tbe 
committee  find  that  the  commaoicatioQ  referred 
to  in  tbe  foregotog  sealence  is  eoDtaioed  in  the 
letter  of  Charles  TurDer,  loo^  addressed  toa  mem- 
ber of  thb  House,  which,  together  with  a  letter 
of  that  member,  aadressed  to  tbe  chairman  of  the 
said  committee,  is  hereto  anoezed,  for  the  purpose 
of  being  considered  part  of  this  report.  The  fol- 
lowing resolution  is  respectfully  submitted : 

Bisolped,  That  the  select  committee  be  dis- 
charged from  further  considering  the  said  report 

Washington,  April  13, 1818. 

Dear  Sir:  In  consequence  of  having  men- 
tioned to  you  the  other  day  a  part  of  the  contents 
of  this  letter,  and  observing  that  it  was  confiden- 
tial, it  was  unexpectedly  intimated  that  the  com- 
mittee would  expect  to  know  the  contents.  I 
was  aware  that  the  letter  was  confidential,  but  on 
your  request  I  attended  before  the  committee  and 
read  the  letter,  concealing  the  name.  The  re- 
port in  relation  to  the  subject  requiring,  as  you 
think,  explanation,  and  vou  and  I  agreeing  that 
the  facts  contained  in  the  letter  are  somewhat 
imporunt,  by  your  request  I  am  constrained  to 
deliver  you  the  letter. 

As  you  have  a  right  to  demand  it,  I  cannot  be 
accused  of  a  breach  of  confidence.  I  do  not  see, 
however,  that  the  letter  implieates  the  American 
Commissioner. 

I  am  yours,  respectfully, 

J.  HOLMBS. 

Sgituatr,  Massaohusstts, 
March  26, 1818. 
HoNOREO  Sir:  At  the  time  I  (probably  by 
yoor  friendship)  was  requested  to  attend  to  the 
lines  under  the  filth  article  of  the  Treaty  of  Ghent, 
I  was  requested  to  give  my  opinion  upon  the  ar- 
rangements suggested  by  tbe  agents  tor  progres- 
sing in  the  business.  The  route  prepared  for  us 
to  get  to  the  marl^  with  necessary  provisions,  I 
kBew  to  be  very  difilcult,  and  attended  with  so 
many  embarrassmenu  as  would  probably  consume 
^e  season  in  getting  with  our  baggage  to  the 
plaee  of  beginning,  vis :  tbe  Bionument  at  tbe 
source  of  the  Schaodie,  oitos  St.  Croix;  in  this 
I  was  supported,  though  unknown  to  me,  by  the 
opinion  or  the  British  surveyor  at  St.  Andrew's, 
althoiigh  we  were  three  hoadred  miles  apart,  and 
had  no  acquaintanee,  having  never  seen  each 
other ;  he,  however,  had  no  opportunity  to  convey 
his  ideas  to  the  agents,  but  must  prepare  boats, 
dbe^  to  be  readjr  on  my  arrivaL  I  had  the  g;ood 
fortune  to  convince  tbe  agents  of  the  impropriety 
of  attempting  that  route,  a  distance  of  seventy  to 
a  hundred  miles,  up  a  small  river,  fttli  of  falls, 
rapids,  and  shoals^  and  tbe  water  would  fail  us 
aeven  to  ten  miles  short  of  the  monument ;  where- 
as, by  going  up  St.  John's  river,  we  went  with 
the  whole  company  and  the  whole  of  the  baggage 
in  flat-bottomed  boats  that  would  carry  ten  tons 
each,  without  unloading  a  single  article  until  we 
Were  within  ten  miles  of  the  luie.  and  a  passable 
Wigan-road  to  the  liae,  and  we  s^uld  strika  the 


line  about  ten  miles  in  advance  of  the  place  df 
commencement.  But  I  was  not  so  successful  as 
to  some  other  things  in  which  I  Was  requested  to 
give  an  opinion.  I  suggested  a  diminution  of  the 
number  of  men,  from  an  apprehension  that  more 
were  proposed  to  be  employed  than  could  be  ad- 
vantageous; that  they  would  stand  in  each  other's 
way ;  that  a  less  number  would  probably  make 

?:reater  progress ;  that  employing  so  many  men 
or  chainmen,  flag  bearers,  and  lostrament  car* 
riers,  did  not  appear  to  me  to  be  advantageovs; 
that,  to  employ  so  great  a  number  of  axemen  or 
laborers,  under  an  idea  of  their  carrying  previs- 
ions for  the  company,  in  a  country  where  padc- 
borses  could  not  be  made  use  of,  did  not  amount 
to  much,  for  they  must  eat  as  well  as  those  fee 
whom  they  carried  provisions ;  that  several  maa 
belonging  to  the  United  States,  settled  near  the 
line  north  of  the  monument,  might  be  hired  u 
cheap  as  in  any  other  part  of  the  United  States. 
I  requested  the  sort  of  provisions  which  I,  from 
experience^  had  found  nest  calculated  for  such 
business,  viz :  principally  pickled  or  salted  pork  of 
a  good  quality ;  hard,  commonly  called  ship  bread ; 
perhaps  a  little  good  beef;  dry  pease  or  beans ;  a 
little  molasses;  black  tea;  some  small  quantity 
of  rum,  and  small  articles  of  ver^  inconsiderable 
value,  such  as  pepper,  mustard,  ginger,  dse.  B«c 
to  all  these  suggestions  I  was  answered  that  th^ 
was  business  done  by  the  two  Qovernments,  and 
that  they  would  not  piobably  wish  mea  to  be  too 
much  exposed  or  omdone^  they  would  williaglf 
furnish  all  thinffs  needful  and  comfbrtablc^dbc* 
and  suggested  that  they  bad  made  arrangements 
satisfactory  to  themselves;  ta  these  respects  i^ 
timating,  at  least,  that  I  laight  be  sUentw  I  took 
the  hint ;  but  I  also  knew  that  somebody  weald 
eventually  be  blamed,  and  it  would  as  probaUy 
fail  on  me  as  on  any  others.  From  the  appear- 
ance of  things  in  Boston,  I  apprehended  that  wIm^ 
ever  undertook  the  running  and.  demarcation  of 
the  line  would  not  be  allowed  to  proceed  ia  it  to 
cross  St.  John's  river,  (which  I  knew  the  liae  wmild 
cross,)  and  coasequently  interrupt  thenr  line  ef 
communicatiott  between  the  provinces  of  Nora 
Scotia,  New  Brunswick,  and  Lower  Canada, 
which  those  employed  by  the  British  Gbvera- 
ment  perhaps  did  not  know,  or  were  at  least  oa- 
willing  should  be  the  case.  This  appreheasioa 
I  su^sted  at  the  time,  and  it  was  m  my  mind 
confirmed  by  every  step  taken;  first,  by  putting 
the  cart  before  the  horse,  or,  in  other  words,  em- 
ploying tbe  principal  surveyors,  with  all  the  in- 
struments, to  go  forward  and  explore  the  country, 
leaving  the  assistant,  by  them  (the British)  calM 
deputy  surveyors,  with  incompeieat  instruments, 
to  perform  the  important  aerviee  of  settling  the 
uue  line;  by  increasing  the  expense  at  every 
possible  stage,  thereby,  in  my  opinion,  to  dis- 
courage the  American  Government  from  pursa- 
ing  the  business ;  and  by  delays  ia  various  shapes 
to  prevent  the  esublishment  of  the  line  so  Ear  as 
to  cross  St.  John's  river.  Shall  I  say  every  little 
intriguing  artifice  was  made  use  of  to  prevent  a 
rational  progress,  and  to  swerve  us  from  the  di- 
rect pursuit  of  the  business?    Tliia,  however. 


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Disputed  Bmmdary  wM  Cheat  BrUaiH. 


will  be  denied ;  but  it  it  not  so  easy  to  deny  the 
expense,  beeaase  the  Goreroment  will  have  some- 
thing to  do  in  that  business. 

When  Mr.  Campbell  and  myself  were  left  by 
the  surreyors  general  and  priocipal  surreyors, 
they  furnished  us  with  a  single  theodolite,  incor- 
rect in  construction ;  but  it  was  a  great  wkile  be- 
fore I  could  coniriDce  Mr.  Campbell  of  its  iocor- 
reetness.  He  alleged  the  instrument  had  been 
procured  by  a  gentleman  of  astronomical  inge- 
nuity in  the  prorince ;  that  it  came  from  the  best 
fiictory  in  London ;  that  he  had  full  coufidenee 
in  its  correctness.  I  invited  him  to  join  me  in 
making  some  sideral  observations,  to  test  the  cor- 
rectness of  our  work,  or  the  correctness  of  the 
instrument.  This  he  declined,  alleging  that  the 
aurveyors  general  had  taken  all  the  responsibility 

00  themselves,  by  fixing,  as  they  termed  it,  a  true 
meridian  line,  and  given  us  our  directions  for  the 
prolongation  of  it ;  had  ordered  their  initials  to 
oe  placed  on  the  monument,  and  on  every  mile- 
stone or  post;  tha^  therefore,  he  should  take  no 
responsibility  on  himself:  and  said  he  had  made 
a  declaration  to  Colonel  Bauchettu  to  that  effect. 

1  observed  to  him  that  I  felt  my  personal  reputa- 
tion at  stake;  that  it  was  incumbent  on  us  to  see 
that  our  line  was  correct,  and,  if  erroneous,  to 
put  it  right ;  and  asked  if  he  had  any  objection  to 
my  making  use  of  the  instrument  in  making  ob- 
servations of  the  stars,  dbc.  He  said  he  had  none, 
and  would  join  me  as  a  mere  matter  of  amuse- 
ment, but  not  with  a  view  to  correct  a  line  which 
he  was  satisfied  with,  or  to  attempt  to  rectify  an 
instrument  in  which  be  had  full  confidence.  As 
sdon  as  the  weather  would  admit  I  made  some 
observations,  but  so  unsatisfactory  in  the  result 
that  I  could  not  determine  whether  the  line  was 
erroneous,  or  the  amount  of  the  error,  if  any. 
Although  I  was  not  satisfied  of  the  correctness  of 
the  instrument,  or  of  the  latter  part  of  the  line,  I 
doubted  the  propriety  of  taking  on  myself  the  re- 
sponsibility of  discontinuing  the  work  until  I 
eonld  convince  Mr.  Campbell  of  the  incorrect- 
ness. Having  at  length  succeeded  in  this,  we 
left  the  line,  and  proceeded  home,  and  to  dis- 
charge the  hands  as  fast  as  possible.  Had  we 
kad  competent  instruments,  and  pursued  the  line 
twenty  days  longer,  as  we  contemplated,  we 
should  have  added  much  to  that  line.  Whether 
the  business  will  be  resumed,  and  proceed  in  the 
pesent  year,  I  have  not  learned.  I  think  it  but 
jQst  to  state  that  it  ought  to  be  done  with  more 
eoonomy ;  which  it  might  be,  without  the  Gov- 
ernment being  chargeable  with  parsimony.  I 
apprehend  some  new  arrangement  will  be  pro- 
posed and  adopted ;  and,  from  various  circum- 
stances, I  am  induced  to  believe  I  shall  have  leave 
to  retire.  I  think  somebody  must  be  left  out  of 
the  business,  and  perhaps  it  is  best  those  should 
be  left  out  who  disturb  the  ()uiet  of  those  con- 
cerned ;  I  am,  however,  conscious  that  1  have  ob- 
truded my  opinion  on  none,  when  it  was  not 
asked.  I  know,  sir,  I  am  treading  on  hallowed 
ground.  I  know  that  I  have  no  right  to  suggest 
that  the  measures  pursued  by  those  appointed  by 
the  Government  are  not  the  best.    1  have  sug- 


gested some  thoughu  to  the  Amerioan  ageat^ 
perhaps  with  too  much  freedom. 

I  have,  sir  communicated  these  thougbta  aai 
facts  for  your  information,  trusting  you  will  eon^ 
sider  them  as  confidential,  that  you  may  know 
something  of  the  matter,  and  be  able  to  make  use 
of  any  suggestions  that  I  have  made ;  while,  at 
the  same  time,  I  am  not  to  be  understood  as  com- 
plaining against  any  gentleman  acting  under  the 
American  €k)vernment  in  the  business.  I  can 
only  regret  that  I  am  liable  to  be  made  the  tempe^ 
goat  to  bear  the  sins  of  the  people. 

We  learn  that  your  session  is  drawing  to warda 
a  close,  and  you  will  soon  be  allowed  to  vbit  your 
agreeable  family. 

Accept,  sir,  the  respects  and  best  wishes  of 
your  humble  servant, 

CHARLES  TURNER,  Je. 

Hon.  JoBN  Holmes. 

E9Hmate  of  the  estpendUuree  under  the  fifth  arU' 
cle  of  the  Treaty  of  Ghent,  in  the  yeare  1616 
and  1817. 

Maboh  3, 1818. 

Commissioner's  salary,  two  years,  not  yet  fixed*  but 
tay  $4,444  per  annum     .        •        •        •    ^ 

Agent's  salary,  one  year,  (no  agent  having 
been  appointed  in  the  year  181  <0     - 

Salary  of  the  Beoretaiy  of  the  board,  one 
year  -        -        .        -        .    ^^ISHt 

Dedact  the  share  of  the  British  Gov- 
ernment   ...        -        -      1,111 


4,444 


1,111 
1,600 


Salary  of  the  principal  surveyor  on  the  part 
of  the  United  Sutes        .... 

The  pay  to  the  assistant  muytjor,  the  necea- 
saiy  number  of  chain  bearers,  provision 
carriers,  and  other  men ;  the  expense  of  in- 
struments ;  the  supplies  of  provinons  and 
other  necessary  articles;  the  transporta- 
tion to  and  fifom  New  Bronswick,  and 
odier  necessary  contingent  expenses  on 
the  part  of  the  United  States,  in  the  whole 
about ll,»ll 


Paid  by  the  United  Stalea 
Balance      -        -        • 


18^10 


The  aecounu  which  are  in  this  statement  esti- 
mated at  $11,911  will  be  examined  and  adjusted  - 
by  the  commissioners  at  their  next  meeting, 
which  will  be  about  the  1st  of  May  next.  The 
amount,  it  is  believed,  will  not  materially  vary, 
though  it  may  prove  something  more  or  lees. 

Several  of  those  accounts  have  aecroed  in  the 
province  of  New  Brunswick,  and  under  the  si- 

gtrintendence  of  the  agents  and  surveyors.  The 
ritish  agent  and  surveyor  reside,  the  former  at 
St.  John^,  in  New  Brunswick,  and  the  latter  at 
duebeo,  in  Canada;  and  it  was  not  possible,  after 
the  surveyors  discontinued  their  work  last  Fall, 
for  the^ard  of  commissioners  and  the  other  per- 
sons concerned  to  convene  and  cloae  the  accounts 
of  the  year.    Nor  was  it  eonsidejred  neeeasary  lo 


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CkUm  0f  Cdrcn  de  BtOMmardkah. 


meet  Coring  the  Winter  merelir  for  thet  parpose^^ 
wbeo  it  bad  been  agreed  to  hold  a  meeting  of  the 
board  about  the  1st  of  May  next,  to  receive  the 
surreys  made  the  last  year,  and  toffire  the  neees- 
sary  iastractioDs  to  the  surveyors  for  the  present 
year. 

It  is  contemplated  to  commence  this  Spring 
the  latitude  line  from  Connecticut  rirer  to  the 
river  Iroquois,  commonly  called  St.  Lawrence, 
and  at  the  same  time  to  continue  the  survey  com- 
menced last  year  on  the  eastern  part  of  theoound- 
^ary  line.  This  will,  of  course,  render  the  business 
•f  the  commission  more  expensive  than  the  last 
year,  but  It  will  sooner  brinff  it  to  an  end,  by 
which  the  €k)vernment  will  ultimately  save 
money.  By  deducting  from  the  foregoing  esti- 
mate the  salary  of  the  commissioner  for  the  year 
1816.  the  residue  is  $23,410,  which  is  the  amount 
of  all  the  expenses,  including  salaries  for  the  last 

Siar.  Some  of  those  expenses,  being  peculiarly 
cident  to  the  commencement  of  an  undertaking 
of  this  kind,  will  notacain  be  incurred ;  of  course, 
the  amount  required  tor  continuing  the  survey  at 
the  eastward  will  be  less  for  the  present  year 
than  it  was  the  last. 

I  am,  therefore,  of  opinion  that  the  sum  of 
$25,000  will  be  sufficient  for  all  the  necessary 
purposes,  under  the  fifth  article  of  the  treaty  of 
the  present  year,  including  the  labor  to  be  done, 
both  on  the  northern  and  eastern  parts  of  the 
boundary  line  designated  in  that  article  of  the 
treaty. 

Respectfully  submitted. 

C.  P.  VAN  NESS. 

Hon.  Wir.  Lowndes,  Chairman^  fc. 


CLAIM  OF  CARON  DE  BHAUMARCHAIS. 

[Communicated  to  the  House,  January  16,  1818.] 
To  the  Senaie  and  House  of  Repruentatives  .• 

The  claim  of  the  representatives  of  the  late  Ca- 
lon  de  Beaumarchais  having  been  recommended 
to  the  favorable  consideration  of  the  Legislature 
by  my  predecessor,  in  his  Message  to  Congress 
of  the  31st  of  January  last,  and  concurring  in 
the  sentiments  therein  expressed,  I  now  transmit 
copies  of  a  new  represenution  relative  to  it,  re* 
ceived  by  the  Secretary  of  State  from  the  Min- 
ister of  France,  and  of  correspondence  on  the 
sttbiect  between  the  Minister  of  the  United  States 
at  Paris  and  the  Duke  of  Richelieu,  enclosed  with 
that  representation. 

JAMES  MONROE. 

Washinqton,  Jaru  12, 1818. 

To  the  Senate  and  House  of 

BepreeenUaivee  of  the  United  States: 
The  Envoy  Extraordinary  and  Minister  Pleni- 
poteotiary  of  His  Most  Christian  Majesty  hav- 
ing  renewed,  under  special  instructions  from  his 
Government,  the  claim  of  the  representative  of 
Caron  de  Beaumarchais  for  one  million  of  livres, 
which  were  debited  to  him  in  the  settlement  of 


his  accounts  with  the  United  States,  I  lay  before 
Congress  copies  of  the  memoir  on  that  subject, 
addressed  by  the  said  Envoy  to  the  Secretary  or 
State. 

Considering  that  the  sum,  of  which  the  mil- 
lion of  livres  in  question  made  a  part,  was  a  gra- 
tttitoue  grant  from  the  French  Government  to 
the  United  States,  and  the  declaration  of  that 
Government  that  that  part  of  the  ^ant  was  put 
in  the  hands  of  M.  de  Beaumarchais  as  its  agent, 
not  as  the  agent  of  the  United  States,  and  was 
duly  accounted  for  by  him  to  the  French  Gov- 
ernment; considering,  also,  the  concurring  opin^ 
ions  of  two  Attorneys  General  of  the  United 
States,  that  the  said  debit  was  not  legally  sus- 
tainable in  behalf  of  the  United  States^  I  recom- 
mend the  case  to  the  favorable  attention  or  the 
Legislature,  whose  authority  alone  can  finally  de- 
cide on  it. 

JAMES  MADISON. 

January  31, 1817. 

M.  Hyde  de  NeuvilUf  Envoy  Extraordinary  and  JMm- 

ister  Pienipotentiary  of  His  Most  Christian  Mor 

jesty,  to  the  Secretary  of  State. 

Wabhington  City,  /an.  22, 1817. 

Sir:  I  have  the  honor  to  address  to  you  a  note 
which  I  solicit  of  you  the  favor  to  submit  to  the 
consideration  of  the  President. 

I  am  not  very  particularly  acquainted  with  the 
heirs  of  Mr.  Beaumarchais ;  but  the  view  which 
has  been  given  to  me  of  the  whole  afiair,  the  im- 
portance which  the  French  Government  has  in- 
variabljT  attached  to  it  since  the  year  1778,  the 
instructions  which  have  been  sent  to  me.  the  in- 
terest which  the  Duke  of  Richelieu  and  tiie  Min- 
ster of  the  Interior  feel  in  relation  to  that  claim, 
and|  above  all,  t'he  opinion  which  I  entertain  of 
the  legality  of  this  debt,  of  which  I  have  ex- 
amined and  weighed  all  the  circumstances  with 
the  most  scrupulous  impartiality,  induce  me,  with 
entire  confidence,  to  claim  your  benevolence  in 
behalf  of  the  daughter  of  Mr.  Beaumarchais, 
who,  by  her  misfortunes  and  personal  qualities^ 
is  worthy  of  it. 

Receivei  sir,  the  assurances  of  my  high  con- 
sideration. 

HYDE  DE  NEUVILLE. 

The  Envov  Extraordinarv  and  Minister  Pleni- 
potentiary of  His  Most  Christian  Majesty  has 
the  honor  to  transmit  to  the  Secretary  of  State  a 
new  expose  of  the  affair  of  the  heirs  of  the  late 
Caron  de  Beaumarchais. 

The  documents  which  have  not  been  hitherto 
brought  forward,  and  which  are  annexed  to  the 
present  claim,  seem  to  remove  every  doubt  which 
this  debt  may  have  given  rise  to. 

The  undersiffued  Minister  Plenipotentiary  has 
received  from  his  Gkvernment  reiterated  instruc- 
tions to  call  for  another  investigation  of  a  trans- 
action which  bears  every  character  of  justice,  and 
which,  under  this  consideration,  cannot  fail  to 
engage,  in  a  very  particular  manner,  the  atten- 
tion of  his  Excellency  the  President. 

The  undersigned  is  particularly  enjoined  to  re- 


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2d92 


Okrim  qf  Oarm  de  Beamnarckait. 


■ew  tfa«  dcckuPfttMn  mftdt  by  Mr.  Oimrd,  His 
Mi^tj's  Minkter,  ms  earlf  as  1778,  and  subse 
fnootly  rtpealcd  by  his  siioe«88«rs  in  this  coaa- 
try,  that  "  the  French  GoTernment  has  alvays 
baea  uDcoDaeeted  with  the  mercantile  operations 
q£  llL4t  Beaomarcbais." 

It  16  likewise  bis  duty  to  state  that  the  million 
which,  in  1791,  was  deducted  from  the  private 
MeouBi  of  Mr.  Beaumarchais,  was  not  paid  to 
biea  by  the  Freack  QoT€rnmeat  on  account  of 
sufpliea  furaished  to  die  Americans,  but  for  a 
secret  pokikal  service,  as  appears  by  the  state- 
Biant  submitted  to  the  Kinf  by  M.  de  Vergennes, 
on  the  7th  of  December,  1776,  and  approved  by 
His  Majesty,  which  exonerates  the  Mmister,  and 
pkecs  the  expenditure  in  its  regular  course. 

The  undenigned  deems  it  proper  to  recall  to 
mind  that  the  million  in  question  formed  a  part 
of  the  three  millions  granted  by  the  King  prior 
to  Ihe  year  1778,  and  the  account  of  which  was 
settled  by  the  convention  of  the  25th  of  February, 
1783,  between  France  and  the  American  commis- 
sioaers. 

The  lattei^  doubtlcM,  did  not  think  that  they 
ought  to  insist  on  being  made  acquainted  in  a 
positive  manner,  with  the  application  of  this  mil- 
lion ;  or,  if  one  or  more  of  tliem  were  informed 
of  it,  they  probably  thought^  and  with  reason, 
that  the  secret  which  the  Emg  had  kept  within 
his  own  control  could  not  be  divulged  without 
the  express  sanction  of  the  sovereign,  who  had 
authorized  and  rewarded  the  service. 

But  the  question  is  not,  at  best,  to  know  whe- 
ther the  American  Commissioners  were  or  were 
net  tfifermed  of  the  true  application  of  the  mil- 
lion. France  has  given  it.  Congress  has  ac- 
knowledged it,  in  agreeing  to  the  Convention  of 
the  85th  of  February,  1783.  If,  therefore,  the 
employment  of  this  million  be  not  found  specifi- 
cally recorded,  it  is  because  certain  State  policy 
at  that  period  rendered  it  imim>per  to  furnish  any 
other  Information  on  the  subject. 

The  vi^dersigned  will  not  examine  into  the 
grounds  and  extent  of  the  measures  which  have 
since  been  adopted  to  discover  a  secret  of  which 
His  Majesty  had  thought  it  expedient  to  reserve 
to  himself  the  knowledge ;  a  circumstance  which 
not  only  explains  but  justifies  the  refusal  which 
Bl  de  Ver^nes  constantly  opposed  to  the  de- 
mands which  were  frequently  made  on  him  for 
an  insight  into  the  affiur. 

The  Question  to  be  examined  in  relation  to  the 
daim  of  the  heirs  of  Beaumarchais  appears  to  be 
solely  this :  This  million  recetired  by  M.  de  Beau- 
marchais from  the  French  Qovernment,  and  by 
order  of  the  King,  on  the  10th  of  June,  1776— has 
it  been  given  to  the  agent  of  the  United  States 
on  account  of  supplies  furnished  by  him  to  the 
Americans,  or  only  to  the  French  agent,  for  a 
secret  political  service,  foreign  to  commercial 
operations? 

It  will  be  allowed  that,  if  the  million  had  been 
lenitted  on  the  10th,  of  June,  1776.  to  any  other 
Individual  than  M.  de  Beaumarchais,  the  present 
misonderscandiog  would  never  have  taken  place. 
wiU  tlie  objection  be  better  founded  if  it  should 


be  discovered  that  M.  de  Beaumar^hats  tealir 
acted  in  two  capacitie6-*as  the  ageat  aad  {«t- 
nisher  of  supplies  for  the  United  Sutes,  and  as  Um 
secret  political  agent  of  the  French  Qovernmaat) 

It  is  in  the  latter  capacity  that  he  deelaies  he 
received  the  million^  He  affirms  that  it  was  re* 
ceived  for  a  secret  political  service,  which  had 
relation  to  the  United  States,  but  for  which  he 
had  to  render  an  account  only  to  his  own  Qov* 
ernment  The  account  has  been  rendered  by  U. 
de  Beaumarchais  to  the  Minister;  bv  the  Miaie* 
ter  to  the  King.  The  aiair  thus  finos  its  reguW 
adjustmenti  more  particularly  as  it  respecu  tte 
agent,  in  a  manner  not  to  be  contested. 

What,  then,  can  be  objected  to  the  agent  of 
supplies :  that  the  million  remitted  to  the  politi- 
cal agent  has  been,  perhaps,  paid  on  account  6i 
the  supplies  which  he  furnished  ?  The  Gk>veta- 
ment,  which  gave  the  million,  declares  the  ooa* 
trary.  It  declares,  and  it  has  not  ceased  to  do^ 
clare  these  thirty-nine  years,  that  it  has  beea 
always  unconnected  with  the  mercantile  transae* 
tions  of  M.  de  Beaumarchais  with  the  Uniled 
States.  How,  therefore,  upon  principles  of  equUj; 
Is  it  possible  to  make  the  commercial  agent  re* 
sponsible  with  regard  to  an  incident  which  itaelC 
cannot  in  any  manner  afiect  the  political  agent; 
inasmuch  as  his  Qovernment,  to  which  alone  bf 
ought  to  account  for  the  employment  of  this  mil- 
lion, has  fliven  an  authentic  discharge  for  it,  aa 
is  proved  by  the  documents  of  the  7th  of  Deeeaa* 
her  and  Otb  of  June,  1776,  which  will  be  fimid 
annexed  to  the  renewal  of  the  claim  of  the  hittrs 
of  M.  de  Beaumarchais. 

These  two  documents,  written  by  Mf  de  Yer- 
gennes  (at  that  time  Minister  for  Foreign  Affairs) 
and  approved  by  the  hand  of  His  Majesty  Louu 
XVL  himself,  will  serve,  without  doubt,  to  remore 
unceruintiesy  to  dissipate  presampiions  and  pvob- 
abilities,  which  in  no  instance  ought  to  be  op^ 
posed  to  a  leffal  certainty. 

The  French  Qovernment  interferes  fn  (his  ifr 
fair  onlv  because  it  is  convinced,  as  rbe  Attorney 
Oeneral  of  the  United  States  is,  that,  in  justice 
and  in  equity,  the  million  which  M«de  Beaumar- 
chais received  on  the  lOtfa  of  June.  1776,  by  Order 
of  the  King,  and  for  a  secret  political  service, 
ought  not  to  be  charged  to  his  private  account 

The  undersigned  Minister  Plenipotentiary,  in 
adverting  to  the  services  rendered  by  M.  de  fiean- 
raarchais  during  the  war  of  independence,  cannot 
avoid  observing  that,  by  a  series  of  accumulated 
misfortunes,  his  family  will  be  nearly  ruined  if 
it  does  not  speedily  regain  a  capital  which  was 
devoted  to  the  success  of  the  cause  of  the  United 
States. 

He  has,  therefore,  the  honor  to  request  that 
the  Secretary  of  State  will  lay  his  note  before 
the  President,  in  order  that  this  a&ir,  whidh  has 
been  so  long  pendiiig^  and  which  is  so  important 
to  the  hdrs  orM.  Caron  de  Beaumarchais^  may  be 
submitted  to  a  new  investigation,  and  defioiiivelf 
adjusted  and  determined. 

The  undersigned,  dtc. 

a.  HYDE  Da  NBUFILU. 

The  Hon.  the  SaCBiTAKT  or  Stats. 


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CMm  qf  Oarfmde  J^mtmarchai^ 


Ml.  Hyde  d$    NrntiMct  Envoy  Extfoordinmry  and 

Mnmter  PlenipcUntiary  n  Hu  Mo$t  CkriUian 

3icfj€$iy,  to  the  Secretary  rf  State. 

Wasbinoton,  De<f.  6, 1817. 

Sir  :  The  PrcsideDC  of  the  Uaited  States  was 
pleased  last  year  to  recommend  to  Congress,  hj 
a  special  Message^  and  in  the  most  particalar 
mtnner,  the  claim  of  the  heirs  of  Beanmarchais, 
relative  to  the  settlement  of  an  account  for  sup- 
plies furnished  at  an  early  period  of  the  war  of 
independence* 

This  Biessage  was  referred  to  a  committee,  and 
in  that  state  the  afiair  rested.  The  shortness  of 
the  senion  was  probably  the  only  cause  why  it 
did  so. 

Since  that  period,  His  Most  Christian  Majes- 
ty's Minister  or  Foreign  Affiiirs  has  again  recqm- 
mended  to  me  this  claim  of  the  heirs  of  Beau- 
marcbais,  and  communicated  the  correspondence 
which  took  place  on  this  subject  at  Paris  between 
Hts  Maiesty's  Minister  and  Mr.  Gallatin,  Minis* 
ter  of  the  United  States,  a  copy  of  which  I  hare 
the  honor  to  enclose  you. 

Mr.  Qallatin,  after  repeating  in  hie  letter  to  the 
Minister  the  objections  which  had  been  at  first 
started,  as  to  the  employment  of  the  million  in 
aneationi  gires  it  to  be  understood  that  he  can  say 
ibat  a  simple  bui  explicit  declaration  by  the 
French  GoTernment,  "that  the  said  million  was 
BOt  applied  to  th«  purchase  of  the  suf^lies  fur- 
nished by  M»  de  Beaumarcbais  to  the  Uniled 
States,''  would  have  remoTed  all  the  doubts  ex- 
pressed by  the  public  ofllcer  at  the  head  of  the 
Treasury,  when  these  acoounis  were  exhibited 
there. 

His  Majesty's  Minister,  after  a  new  investiga- 
tion of  the  facts,  positirely  renews,  in  hb  answer, 
the  declaration  "  that  the  million  paid  on  the  10th 
of  June  was  not  applied  to  the  purchase  of  the 
siupmenu  made  to  the  United  States  at  that  pe- 
^  liod  by  M.  de  Beaumarchais.''  As  these  two 
papers  complete,  in  some  sort,  the  body  of  infor- 
aaiatioii  requisite  for  a  due  examination  of  this  af- 
£iir,  1  request,  sir,  you  would  be  pleased  to  lay 
tliem  before  the  President.  They  preclude  the 
necessitv  of  my  adding  any  further,  either  to  the 
notes  which  have  been  suceeesirely  presented,  or 
l#  mine  of  the  23d  of  January  last  on  this  subject. 

U  may  be  that  the  President  will  jodoe  it  to 
tr^BMiii  iheae  donuments  to  Congiess  with  a  new 
Message,  to  be  annexed  to  those  focmeriy  sent,  if, 


lilMr  the  explaBatioas  which  hare  been  f  i^cn, 
there  can  remain  any  h^itation  or  doubt,  ioand- 
ed  on  former  prepossessions  not  then  sufficiently 
eombated  and  remored. 

I  flauer  myself  that  this  latter  communication 
wiU  have  the  weight  with  Congress  to  which  it 
in  entitled,  aad  dispose  it  to  decile  this  affair  io  a 
aaaaaer  which  the  elaimanu  confidently  expect 
from  the  justice  of  the  United  Sutes. 

Be  pleased,  sir,  dte.  DB  NEUVILLSL 

Mr.  GaUatm  to  the  Ihtke  de  RkMelim$. 

Pabib,  December  2, 18ia 
MoaamiTB  lb  Doo:  The  late  M.  de  Beaomar* 
ilMus^  aeeoBBta  with  the  Uaited  Siataa  haviag 


been  seuled  accordinff  to  law,  hy  the  Comptroller 
of  the  Treasury,  the  claim  of  the  heirs  on  account 
of  the  million  of  francs  which  they  comj^n  to 
have  been  unjustly  charged  to  M.  de  Beaumar- 
chais by  that  officer,  is  still  before  Congress  for 
their  ultimate  decision.  For  that  reason,  and 
also  because  it  was  stated  in  the  letter  which 
your  Excellency  addressed  to  me  on  the  Itth  of 
October  last  on  that  subject,  that  M.  Hyde  de 
Neuville  was  instructed  to  insist  on  a  final  deci- 
sion of  that  claim,  it  appeared  that  the  natural 
course  for  me  was  to  transmit  your  Excellency's 
letter  to  my  Gbyernment,  which  has  accordingly 
been  done. 

Knowing,  however,  that  the  Government  of 
the  United  States  is  not  less  anxious  to  pav  its 

i'ost  debts  than  bound  to  repel  unfounded  elaim^ 
beg  leave  to  present  to  your  cooside ration  soom 
observations  on  that  affair,  with  no  other  motivo 
than  that  of  obtaining,  if  practicable,  such  eloeir 
dations  as  may  enable  Congress  to  repair  the 
wrong,  if  any  has  in  this  case  been  done  by  the 
department  of  accounts. 

It  has  been  fully  established,  aad  is  not  denied 
by  the  parties,  that  one  of  the  three  millions  stated 
(in  the  preamble  of  a  contract  settled  on  the  86th 
February,  1783,  between  Count  de  Vergennes 
and  Dr.  Franklin)  to  have  been  an  aid  ami  subr 
sidy  granted  as  a  gratuitous  assistance  prior  to 
the  treaty  of  February,  1778,  by  His  Most  Chris* 
tian  Majesty  to  the  United  States,  was  paid  on 
the  10th  day  of  June,  1776,  for  the  use  oC  the 
United  States,  or  for  some  object  conaeoted  with 
their  interest,  but  not  to  any  of  their  ageau ;  and 
that  that  sum  is  the  identical  million  which  wae 
on  that  day  advanced  by  the  Government  of 
France  to  M.  de  Beaumarchais. 

Under  those  circumstances,  the  accounting 
officers  of  the  Treasury  of  the  United  States, 
presuming  that  the  said  million  had  been  thus 
advanced  by  the  Government  of  France  for  the 
purpose  of  enabling  M.  de  Beaumarchais  to  pacr 
chase  the  supplies  inunded  for  the  said  States, 
and  thinking  that,  at  all  events,  (or  the  applioa- 
tion  ol  a  sum  granted  as  an  aid  and  subsidy,  he 
must  be  accountable  to  the  Government  which 
was  to  receive,  and  not  to  that  which  gave  the 
subsidy, charged  him  with  the  same,and  demanded 
from  him  an  account  of  iu  exnenditures.  This 
M.  de  Beaumarchais  declined  doiogi  because  ho 
considered  himself  accountable  for  that  aooi  onl|r 
to  the  King,  and  because  he  thought  himself  re- 
strained by  particular  considerations  from  giving 
any  explanations  on  that  subject. 

The  Gorernment  of  France  has,  however,  at 
several  times  caused  h  to  be  declared:  1st.  That 
the  French  Government  had  ever  been  uncon- 
nected {etireoti  comtammmt  dtranger)  with  any 
of  the  commercial  transactions  of  M.  de  Beao^ 
marcbais  with  the  United  States.  3d.  That  tha 
millioB  had  been  advanced  for  a  secret  polittcai 
service,  and  had  been  applied  according  to  the 
intentions  of  the  King,  and  duly  accounted  for  to 
his  satisfaction  by  M.  de  Beaumarchais. 

Theae  declarations  did  not  appear  to  Congreaa 
sufficient  to  retnoye  tha  obJeotiOBi  to  the  efiiiffl^ 


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bee«ute  they  were  consistent  with  the  supposition 
that  the  million  had  been  adtrtnced  for  the  pur- 
pose of  enabling  M.  de  Beaumarchals  to  purchase 
supplies.  By  the  first  declaration,  it  must  have 
been  only  intended  to  exclude  the  supposition 
that  the  French  GoTernment  had  any  concern  in 
the  cottimerctal  risks,  profits,  or  losses  of  M.  de 
Beaumarchals.  That  it  was  net  intended  to  con* 
Tey  the  idea  that  they  bad  not  made  to  him  sales 
or  advances  on  account  of  bis  supplies,  is  Inferred 
from  the  fact,  which  appears  on  the  face  of  the 
accounts,  that  the  artillery,  and  a  part  of  the  mil- 
itary stores  sent  by  him  to  the  United  Slates, 
were  taken  from  the  King's  stores  and  arsenals. 
And  if  the  million  had  been  advanced  to  him  for 
the  purpose  of  purchasing  part  of  the  other  snp- 

eies  furnished  by  him  to  America,  an  advance 
r  such  an  object,  at  such  a  time,  would  ceruiniy 
hare  been  considered  as  an  expense  for  a  secret 
poKtical  service;  and  if  it  had  been  thus  applied 
by  him,  it  would  have  been  applied  according  to 
the  King's  intentions,  and  the  sum  would,  bv  ex- 
hibiting the  proof  or  such  an  application,  nare 
been  duly  accounted  for  to  His  Majesty. 

Without  asking  for  the  disclosure  of  the  true 
application  of  that  million,  and  without  anticipat- 
ing what  species  of  proot  will  satisfy  Congress, 
I  may  say  that  a  simple  but  explicit  negative  dec- 
laration on  the  part  or  His  Majesty's  Government, 
^  that  the  said  million  was  not  applied  to  the  pur- 
ehase  of  the  supplies  furnished  by  M.  de  Beau- 
marchals to  the  United  States,"  would  have  re- 
moved the  doubts  entertained  by  the  officers  at 
the  head  of  the  Treasury  Department  when  the 
account  was  settled  there.  It  does  not  belong  to 
me  to  conjecture  whether  such  declaration  can  or 
ouffht  at  this  time  to  be  made  by  the  Government 
of  France.  But  Its  importance  will  be  better  ap- 
preciated when  it  is  recollected  that  all  the  diffi- 
culties on  that  subject  have  arisen  from  former 
partial  disclosures  by  the  €K>vernment  of  France, 
andpartlcularly  from  the  insertion  made  by  Count 
de  Verffennes  in  the  contract  of  the  25th  Febru- 
ary, 1783,  of  the  said  million,  as  part  of  the  gra- 
tuitous aid  and  subsidies  of  His  Most  Christian 
Majesty  to  the  United  States.  They  were  till 
that  time  wholly  Ignorant  of  such  an  advance 
having  been  made  for  their  use ;  and  had  it  not 
been  thus  brought  to  their  knowledge,  M.  de  Beau- 
Biarchais's  claim  would  long  ago  have  been  de- 
finitively settled  and  discharged. 
I  have  the  honor,  dbc. 

ALBERT  GALLATIN. 

7%e  Ihike  ofBieheKeu  to  Mr.  GaiUOm. 

Pabis,  December  20, 1816. 

Sir  :  I  have  received  the  letter  which  you  did 
me  the  honor  to  address  to  me  on  the  2d  of  this 
month,  in  answer  to  mine  of  the  11th  of  October 
last,  on  the  subject  of  the  claim  of  the  heira  of 
Beaumarchals. 

After  informing  me  that  you  had  transmitted 
my  letter  to  your  Government,  you  enter  into 
some  details  of  the  reasons  which  have  hitherto 
prevented  ic  from  pronouncing  on  their  claims. 


Tou  are  of  opinion  that  the  declarations  made  to 
the  Congress  at  different  times  by  the  French 
Government  could  not  have  been  deemed  suffi- 
cient to  overcome  all  objections  and  remove  all 
difficulties.  Finally,  sir,  you  express  a  desire 
that  new  Information  should  be  given  to  it,  to  the 
end  that  its  future  decision  may  be  conformable 
to  the  principles  of  that  fair  and  strict  justice 
which  It  professes. 

I  cannot,  sir,  adopt  the  opinion  manifested  by 
your  Government.  The  notes  successively  pre- 
sented by  the  Ministers  of  France  are  so  jMirtie- 
ular  and  positive,  (jOfimuUiveB,)  that  the^  seem 
to  remove  all  doubt  on  the  facts  of  the  subject  ia 
dispute,  and  consequently  all  hesitation  as  to  the 
decision  to  be  given. 

It  was  in  fact  suted  that  the  French  Govern- 
ment had  no  concern  in  the  commercial  transac- 
tions of  M.  de  Beaumarchals  with  the  United 
States.  By  this  declaration  it  was  not  only  intendedf 
to  convey  the  idea  that  the  Government  was  no- 
wise interested  in  his  operations,  or  in  his  chances 
of  loss  or  gain ;  but  a  positive  assurance  was  also 
given  that  France  was  wholly  unconnected  with 
them:  whence  It  results  that  In  relation  to  them, 
she  is  neither  to  be  considered  as  a  lender,  a  surety, 
nor  as  an  intermediate  agent.  The  whole  ot 
these  transactions  were  spontaneous  on  the  part 
of  M.  de  Beaumarchals,  and  the  right  and  agency 
derived  from  them  appertain  exclusively  to  him. 

If,  as  is  supposed  by  the  committee  of  the  Trea- 
sury, permission  had  been  granted  to  him  by  the 
French  Ctovernment  to  draw  from  its  arsenals 
and  magazines  the  supplies  furnished  by  him  to 
the  United  States,  and  the  million  in  question  had 
been  advanced  to  enable  him  to  replace  the  arti- 
cles delivered  to  him,  he  certainly  would  have 
been  bound  in  the  first  place  to  exhibit  to  the 
King's  minister  a  provisional  statement,  showing 
the  mode  In  which  they  were  disposed  of,  to  ena- 
ble him  to  receive  a  provisional  acquitunce;  and 
subsequently  to  the  treaty  of  the  20th  Febmarf , 
1778— a  period  which  rendered  all  dissimulation 
unnecessary— this  statement  and  its  approval 
would  have  been  required  and  delivered  accord- 
ing  to  the  usual  forms. 

It  is  however  unquestionably  the  h»i  thai 
nothing  of  this  has  been  done.  The  million  deliv^ 
ered  on  the  10th  of  June  immediately  reached  its 
intended  destination,  and  a  simple  authorizatjoii 
(appraiwe)  of  the  King,  but  a  few  months  subse- 
quent to  the  payment  of  the  sum,  was  the  onlf 
document  which  finalhr  placed  the  expenditure 
in  the  regular  train  of  fiscal  settlement. 

I  am  therefore  warranted,  sir,  after  a  freak 
examination  of  the  facts,  in  |>ersistin^  in  the  dee- 
larations  above  staled,  and  in  considering  as  a 
BQAtter  of  certainty  that  the  million  paid  on  the 
10th  of  June  was  not  applied  to  the  purchase  ef 
the  shipments  made  to  the  United  States  at  that 
period  by  M.  de  Beaumarchals. 

I  have  reason  to  hope,  sir,  that  these  explana- 
tions, which,  when  taken  in  connexion  with  those 
that  have  been  already  offered,  may  seem  snoer- 
flttous,  will  throw  all  the  light  upon  the  snbject 
under  diaciusion  that  oan  reasonably  be  daired. 


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Claim  0f  €knr<m  de  Beaumanktdt.' 


Tti«  GoBgress  will  thBs  be  enabled  to  decide  tbe 
affair  promptly  and  faTorably ;  the  issue  of  which 
must  however  rest  with  it,  as  well  in  conformity 
with  the  common  laws  of  equity  as  with  the  con- 
siderations of  benevolence  and  good  will  towards 
the  familjr  so  deeply  interested  in  it. 

There  is  no  member  of  the  Government  who 
can  be  ignorant  of  the  services  rendered  bjr  the 
head  of  that  family  to  your  cause,  and  ike  influ* 
enee  prduced  on  its  early  successes  by  hfo  ardent 
seal,  extensive  connexions,  and  liberal  employ- 
mttkX  of  his  whole  fortune. 

Be  pleased,  sir,  to  receive,  &a, 

RIGHELIBU. 

£Commaiiieated  to  the  House  Febmary  84, 1818.] 
Mr.  Bassbtt,  from  the  eomioittee  to  whom  was 
referred  the  President's  Message  in  relation  to 
the  heirs  of  Qaroa  de  Beaumarchais,  reported : 
That,  00  the  settlement  of  the  account  of  the 
late  Caron  de  Beaumarchais  with  the  United 
States,  he  was  charged  with  one  million  of  livres 
reeeived  by  him  from  the  French  Government 
mi  the  10th  June,  1776,  and  for  which,  as  was 
alleged  by  the  accounting  officers  of  the  Treasury 
Department,  he  had  never  accounted  to  ours. 
The  receipt  of  this  sum  is  admitted,  but  it  has 
uniformly  been  denied  by  M.  de  Beaumarchais 
that  it  was  received  under  any  aceountabiiity  to 
the  United  States,  but  solely  to  the  French  Gov- 
ernment, from  whom  he  received  it,  to  whom  he 
did  account,  and  by  whom  he  was  discharged. 
Before  the  treaty  of  1778,  the  King  of  France 
bad  furnished  for  the  use  of  the  United  States 
three  millions  of  livres :  two  millions  paid  to  our 
iMinker  in  Paris,  in  four  equal  instalments,  in 
January,  April,  July,  and  October,  1777,  and  one 
million  joaid  to  M.  de  Beaumarchais,  10th  June, 
1776.  These  were  all  the  pecuniary  supplies 
which  preceded  the  treaty.  During  the  years 
1776  and  1777,  M.  Beaumarchais  hi^  furnished 
to  the  United  States  supplies  of  arms  and  mill* 
tary  stores,  and  goode^  amounting,  with  charges, 
to  near  five  millions  of  livres.  They  consisted  of 
eight  carffoes  shipped  from  France  and  received 
at  the  following  places :  four  at  Portsmouth,  New 
Hampshire;  two  at  Martinique,  by  Mr.  Bingham, 
and  two  at  Cape  Francois,  by  Mr.  Carobasse  \ 
from  the  latter  ports  they  were  shipped  to  the 
United  States.  Most  of  the  arms  and  military 
•tores  were  taken  from  the  King's  arsenals  in  dif- 
ferent fortresses;  other  articles  were  purchased 
by  M.  Beaumarchais  from  individuals,  and  all 
were  charged  by  him  in  his  account  to  the  Uni- 
ted States.  The  accounts  were  mostly  exam- 
ined and  certified  by  Mr.  Silas  Deane,  who  bad, 
by  an  appointment  from  the  secret  committeej 
repaired  to  Europe  in  1776  to  purchase  goods  for 
the  Indians,  and  arms  and  other  supplies  for  our 
troops.  The  receipt  and  the  amount  of  these 
sopplics  were  never  questioned ;  but  there  were 
Tarious  opinions  about  the  source  from  which 
they  were  furnished.  By  some  they  were  said  to 
have  been  furnished  by  the  King  of  France  gra- 
tfiUottsly,  and  to  have  been  sent  to  oa  through 


the  agency  of  Beaumarchais,  to  give  the  appear* 
anee  of  an  individual  and  commercial  transac- 
tion ;  bv  others,  that  they  were  really  furnished 
bv  the  latter  on  bis  own  account ;  that  he  was 
charged  and  held  accountable  to  the  French 
Qorernment  for  the  articles  taken  from  the  pub- 
lic stores,  and  thus  become  a  debtor  to  France 
and  a  creditor  to  the  United  States,  and  purchased 
the  other  articles  on  his  own  credit  and  resources. 
This  question  seems  not  to  have  been  settled 
until  in  the  year  IZTOfWhen,  after  a  formal  appli- 
cation to  the  French  Government,  and  a  very 
tedious  examination  of  the  transactions,  accounts, 
and  correspondence  of  our  public  agents,  Con- 
gress, by  various. resolutions,  admitted  that  the 
supplies  were  not  furnished  by  the  Gh>vernment, 
but  that  they  were  indebted  to  M.  Beaumarchais 
for  them.  Since  that  time  there  has  been  no  act 
or  resolution  of  Congress  questioning  the  source 
of  these  supplies;  and,  although  many  years 
elapsed  before  the  accounts  were  finally  settled, 
the  question  of  liability,  In  the  first  instance, 
seems  to  have  been  at  rest;  though  the  account 
has  been  very  differently  stated  at  different  timea 
bv  the  public  officers  appointed  to  settle  it,  yet 
all  have  concurred  in  giving  M.  Beaumarchais 
credit  for  the  supplies  furnished.  In  1785,  Mr. 
Thomas  Barclay  was  appointed  a  special  com- 
missioner to  proceed  to  Europe,  to  settle  this  and 
our  other  public  accounts  in  France.  After  a 
very  laborious  examination,  he  stated  and  settled 
the  account  of  M.  Beaumarchais,  and  reported 
the  United  States  in  debt  to  him  upwards  of  fif- 
teen hundred  thousand  livres,  not  including  any 
interest.  This  settlement,  it  seems,  was  not  sat- 
isfactory; and  the  accounts  were  referred  to  the 
Treasury  Board,  who,  in  1788,  reported  a  bal- 
ance due  by  Beaumarchais  of  more  than  seven- 
teen hundred  thousand  livres.  It  was  discovered 
that  very  great  errors  had  crept  into  this  latter 
account,  and  it  was  revised  in  1791  and  1793,  and 
finally  settled  in  18b5,  on  the  principles  detailed 
by  the  Auditor  and  Comptroller  in  their  reports. 
The  committee  do  not  deem  it  necessary  to  go 
into  an  examination  of  this  or  any  of  the  other 
statements  of  this  account,  or  to  notice  anv  of 
the  items,  except  the  one  million  received  from 
the  King  in  June,  1776,  which  was  conditionally 
placed  to  the  debit  of  M.  Beaumarchais  by  the 
board  of  Treasury  in  1788,  and  finallv  ordered 
to  be  charged  to  him  in  the  final  settlement  in 
1806.  The  committee,  consideriuff  the  question 
of  original  indebtedness  as  settled  bv  the  various 
resolutions  of  Congress,  and  the  settlement  of  the 
aceounu  by  the  authorised  officers  of  the  Gtov- 
ernmentjfind  but  one  question  presented  for  their 
consideration : 

Whether  this  million  was  justly  chargeable  to 
Mr.  Beaumarchais,  as  a  payment  on  account,  or 
as  an  offset  to  a  debt  otherwise  admitted  to  be 
due? 

The  application  of  this  million  does  not  seem 
to  have  been  known  to  any  of  our  agents  in 
France  during  the  Revolution ;  and  thoUfh  Dr. 
Franklin,  in  the  contract  of  1783,  acknomedges 
the  receipt  of  it,  yet  no  account  was  demanded 


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Clam  iff  Cturm  de  Bitmmar^Mik, 


of  in  ezptodicara  nnlil  in  1786^  wben  there  wm 
maeh  tftid  about  the'  lost  miliioii,  and  a  formal 
demand  made  of  the  French  Court  in  relation  to 
it,  when  it  was  declared  bv  the  Count  de  Ver- 

5ennes^  then  and  in  1776  Minister  for  Foreign 
kfiairs!  that  it  was  paid  by  the  King's  order  on 
the  lOtn  June,  1776^  for  a  secret  political  purpose, 
of  which  the  King  reserved  to  himself  the  exolii- 
ai?e  cognizance.  All  further  explanation  was 
refused,  and  nene  other  has  ever  iMren  given.  It 
was  then  supposed  to  have  been  received  by 
Beaumarcbais,  and  his  account  was  conditionally 
charged  with  it  in  1788.  The  application  of  this 
sum  was  thenceforth  considered  as  a  mystery  of 
the  Cabinet,  and  was  not  further  inquired  into 
until  in  1794,  when,  on  the  application  of  Mr. 
Morris,  then  our  Minister  in  France,  the  original 
receipt  of  Mr.  Beaumarcbais  was  procur^,  it 
being  for  one  million  of  Uvres,  received  by  him 
OQ  the  lOih  June,  1776,  for  which  he  was  to  ac- 
count to  M.  de  Vergennes.  It  was  on  the  faith 
of  this  receipt  that  this  sum  was  finally  charged 
ia  the  account  of  Mr»  Beaumarcbais.  At  this 
^me  it  does  not  mear  that  may  other  of  the 
secret  papers  of  the  French  Court,  in  relation  to 
this  transaction,  were  examined.  But,  in  1806, 
that  Government  declares  that  they  had  exam- 
ined  the  archives,  and  had  disco? ered  conclusive 
evidence  that  Beaumarcbais  had  accounted  to 
the  King  for  thtt  sum ;  that  it  had  been  disbursed 
for  a  secret  political  purpose,  and  not  for  the  pur* 
chase  of  supplies  for  the  United  States.  The 
present  Qovernment  has  renewed,  ia  a  more  ex- 
plicit manner,  these  declarations,  and  furnished 
a  doeumeat,  which  seems  to  the  committee  to  be 
entitled  to  full  credence,  by  which  it  satisfactorily 
appears  that  this  million  had  been,  before  Decem- 
ber, 1776,  applied  to  the  purposes  intended  by  the 
King,  who  approved  of  it  in  the  manner  in  which 
be  usually  signified  his  approbation.  The  com- 
mittee are  of  opinion  that  Mr.  Beaumarcbais  thus 
became  discharged  from  all  further  accounta- 
bility to  the  Qovernment  from  whom  be  received 
the  money,  and  to  whose  Minister,  by  the  tenor 
of  his  receipt,  he  engaged  to  render  an  account. 
The  tenor  or  this  receipt  creates  no  accounta- 
bility to  the  United  States,  which  can  only  arise 
by  its  satisfactorily  appeanng  that  the  secret  po- 
litical purpose  for  which  the  money  was  advanced 
was  the  purchase  of  thfse  supplies  for  them ;  of 
this  the  committee  have  discovered  no  evidence. 
It  was  well  known  to  our  agents  in  France  that 
the  suDpiies  of  a  miliur]r  nature  were  procured 
from  the  King's  stores;  it  was  so  stated  on  the 
face  of  the  accounts ;  they  bore  the  King's  mark. 
This  was  well  known  to  Congress,  and  was  never 
attempted  to  be  concealed.  It,  therefore,  could 
not  have  been  necessarv  to  ascertain  this  fact  to 
make  a  formal  demand  of  the  French  Court ; 
this  could  not  have  been  the  mystery  of  the  Cabi- 
net and  the  important  state  secret  which  the 
King  refused  to  disclose,  even  on  the  formal  ap- 
plication of  the  United  Sutes.  In  1786  there 
could  exist  no  possible  motive  for  concealing  the 
supply  of  arms  more  than  of  money,  for  it  was 
disclosed  to  the.  world  by  the  treaty,  and  the  con- 


tract of  1783 1  but  there  night  be  very 
reasons  for  concealing  forever  the  knowledge  of 
the  application  of  money  for  secret  political  pur- 
poses, as  it  might  involve  the  safetj  of  individiOils 
and  the  reputation  of  their  families.  As  the  ad- 
vance was  gratuitous,  and  the  insertion  of  it  in 
the  contract  made,  not  for  the  purpose  of  creating 
a  charffe.  but  merely  as  an  evidence  of  friendship, 
it  might,  as  the  committee  conceive,  rtrj  prop- 
erly have  been  alleged  by  the  French  Qovern- 
ment, who  made  the  present,  that  ours  ought  u 
be  satisfied  with  any  application  which  the  donor 
might  choose  to  make.  If  this  millioa  was  not 
applied  for  our  benefit,  we  lost  nothing,  because 
we  paid  nothing.  If  the  donor  declared  it  was 
for  our  use,  it  was  all  we  bad  a  right  to  ask;  if 
he  was  mistaken  in  his  application  of  it.  and  we 
derived  no  benefit  from  it,  the  King  could  derive 
none,  and,  at  the  most,  it  was  a  mistake  in  judg- 
ment. This  surely  could  not  make  that  Qovern- 
ment accountable  to  ours  for  this  sum,  and,  whe- 
ther disbursed  by  the  King,  his  Ministers^  or  hk 
or  their  agenu,  would  not  vary  the  question,  as 
they  must  be  accountable  to  those,  and  to  tJioan 
only,  from  whom  it  was  received,  unless  the  tenof 
of  the  receipt  imported  an  accountability  to  oU^ 
ers.  A  donor  has  an  undoubted  right  to  direcl 
the  application  of  his  bounties.  This  money 
was  set  apart  hj  the  orders  of  the  King,  in  May, 
1776^  for  an  object  of  which  he  reter ved  to  him- 
self the  exclusive  knowledge.  It  was  paid  in 
June  to  Beaumarcbais. 

The  United  States  had  then  no  agent  in 
France.  The  money  was  applied ;  the  account 
rendered,  approved,  and  closed  in  the  same  year. 
The  aecountabilitv  of  Mr.  Beaumarcbais  had 
then  ceased  as  to  tne  French  Qovernment.  He 
had  complied  with  the  condition  of  his  receipt. 
He  did  not  know  the  United  States  in  the  trans- 
action, for  the  money  was  not  put  into  his  handa 
for  their  general  use  or  account,  but  for  a  special 
and  definite  object,  which  the  Kiuff  thooghc 
would  result  beneficially  to  them.  If  he  had  re- 
fused to  account  to  the  King,  alleging  his  ac- 
countability to  the  United  States,  he  would  not 
have  complied  with  the  terms  of  his  receipt; 
and,  at  all  events,  it  is  to  be  presumed  that  the 
King  would  not  have  admitted  it  as  a  compli- 
ance. Had  Beaumarcbais  dared  to  disclose  a 
State  secret  which  the  King  had  forbade  hts 
Minister  to  publish,  it  is  not  to  be  doubted  that 
the  disclosure  would  have  cost  the  liberty,  if  not 
the  life,  of  Beaumarcbais.  It  was  bis  duty  aa  a 
subject  and  a  secret  affent  of  the  King^  to  ke^ 
the  secret ;  and  it  could  not  have  been  expectod 
that  he  would  or  dare  betray  such  a  trust.  The 
payment  of  tbia  million  to  Beaumarcbais  was  not 
even  suspected  until  in  1786,  for,  until  that  timck 
it  had  been  considered  as  the  million  adTanced 
by  the  farmers  general.  This  was  ten  years  after 
he  had  rendered  his  account  to  the  King.  The 
discovery  of  this  fact  could  not  transfer  the  ae- 
countal^ility  of  Beaumarcbais  to  our  Qovern- 
ment, without  the  consent  of  the  French,  aad 
divest  the  latter  of  its  control  over  its  subjects  or 
agents.    It  could  create  no  new  liabilitf^  nor 


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Claim  ^  Ooroft  4t  Bummarehai§. 


nrlre  one  whieh  bad  been  disehirffed  ten  years 
before  hj  the  parties  concerned*  The  receipt  of 
the  money  made  him  a  debtor  to  the  King  an  til 
be  aeeounted  for  it.  When  the  account  was  re- 
eeired  and  approved,  he  ceased  to  be  a  debtor. 
He  did  not  know,  and  could  not  be  accountable 
for  anf  arrangements  between  the  two  Gk>Tern- 
menls.  He  was  no  party  to  the  contract  of  1783, 
and  it  could  not  affect  nim ;  it  could  not  make 
him  accountable  to  both,  and  no  circumstances 
eould  make  it  his  duty  to  disclose  to  the  United 
States  the  application  of  this  money,  in  Tiola- 
tion  of  the  orders  of  his  Sovereign.  It  is  cer- 
tainly dealing  harshly  with  him  to  charge  him 
in  his  account  with  this  million,  because  he 
would  not  account  to  us  for  the  manner  in  which 
he  had  apniied  it.  The  dilemma  is  a  cruel  one. 
The  refusal  to  disclose  costs  him  his  fortune ;  a 
diseloeore  may  cost  him  his  life.  It  was  a  rigor- 
oos  mode  of  extorting  from  the  necessities  of 
Beaamarebais  a  secret  which  eould  not  be  ob- 
tained from  the  Government.  Had  the  contract 
<!^  1783  recited  the  gratuitous  advance  of  only 
two  millions  for  the  use  of  the  United  States, 
tbeve  eould  have  been  no  question  about  this 
nillioB.  In  consequence  of  this,  Mr.  Beaumar* 
ohais  is  held  accountable  for  this  million,  because 
it  appears  by  his  receipts  to  have  passed  through 
his  bands.  If  this  recital  is  sufficient  evidence 
to  create  a  liability,  and  we  attach  this  weight  to 
this  declaration  of  the  French  Government  in 
our  fitvor,  may  not  Mr.  Beaumarehais  attach  the 
same  weight  to  their  uniibrm  declarations  that 
he  had  aeeounted  to  them  for  this  sum^  that  it 
was  not  applied  in  the  purchase  of  supplies,  and 
that  we  are  not  entitled  to  a  credit  for  it  in  our 
account  with  him  ? 

It  is  admitted  that  there  is  no  evidence  that 
this  money  was  applied  to  the  purchase  of 
supplies,  but  what  has  been  furnished  by  the 
French  Government;  it  is,  then,  but  fair  and 
consistent  with  the  principles  of  justice,  that 
idl  their  deckrations  on  the  same  subject  should 
be  taken  together  and  considered  as  one;  thev 
are  aQ  consistent,  and  it  is  believed  that  all 
the  difficulty  in  tlie  settlement  of  this  account 
htts  been  in  giving  credence  to  that  one  which 
giTCs  a  oalor  for  charging  the  aAillion  to  Beau- 
marefaais,  and  giving  none  to  those  which  de- 
daie  the  charge  an  improper  one.  The  com- 
mittee have  devoted  much  time,  and  made  a  la- 
borious ejcamiaatioa  of  the  afrits  of  this  case; 
tbcy  have  been  able  to  discover  no  reason  why 
the  uniform  declaration  of  the  French  Govern- 
wient  should  not  be  credited ;  there  is  no  fact  to 
contradict  them: ^here  is  no  evidence  that  this 
million  was  applied  to  the  purchase  of  supplies 
charged  by  BeauBurchais  to  the  United  States. 
If  the  French  Government  now,  or  at  any  time, 
claimed  payment  of  the  three  million  of  sratui- 
ties;  if  there  were  any  facu  dearly  nroved,  con- 
tradicting their  assertions^  then  we  might  properly 
exact  a  strict  accountability  from  their  agents, 
and  be  justiied  in  so  departing  from  the  respeot 
dne  to  a  friendly  Government  as  to  contradict  iu 
aolemn  asseverations.  But  the  committee  do  not 
15th  Con.  let  Snaa.— 76 


think  thb  should  be  done  to  a  Government  which, 
in  trying  times,  evinced  ito  friendship  to  ours, 
when  the  sum  in  question  was  a  present  and  not 
a  charge,  and  when,  after  an  investigation  of  near 
forty  years,  no  evidence  has  been  found  to^  op- 
pugn their  declarations.  It  is  not  to  be  supposed 
that  the  French  Government  would  advance  this 
sum  to  Mr.  Beaumarehais  to  purchase  supplies 
from  itself,  or  that  he  would,  in  less  than  six 
weeks  after  the  receipt  of  this  money,  and  under 
their  eye,  make  a  contract  with  Mr.  Deaae  for 
payment  by  the  United  States,  and  thus  be  pe^- 
mitted  to  deceive  one  Government  and  defraud 
another.  Indeed,  the  accounting  officers  of  the 
Treasury  do  not  allei^e  that  the  charge  was  made 
against  Beaumarehais  on  any  evidence  of  the 
misapplication  of  the  million  by  him,  or  of  the 
ftlsity  of  the  declarations  of  the  French  Govern- 
ment, or  collusion  between  them  and  BeauoMir- 
chais;  but  on  the  ground  of  his  acoonntability  to 
the  United  Sutes,  and  not  to  the  King.  The 
committee  do  not  think  that  this  conclusion  Js 
jiistified  by  the  evidence  before  them/ and  can 
discern  no  reason  founded  on  any  legal  or  equit- 
able principles  in  support  of  this  charge,  and  are 
unanimously  of  opinion  that  the  million  in  ques- 
tion has  been  improperly  passed  to  the  credit  of 
the  United  States. 

The  committee  would  have  felt  that  their  dutr 
would  have  ended  with  the  expression  of  their 
opinion  on  this  part  of  the  case  submitted  to 
them,  had  it  been  one  of  a  common  cast.  If  any 
debt  is  due  to  Mr.  Beaumarehais,  it  is  a  very  large 
one.  It  was  contracted  more  than  forty  years  ago, 
and  under  circumstances  which  maaes  its  pay-^ 
ment  an  imperious  duty.  The  claim  has  been  ^ 
made  and  persisted  in,  by  every  poesible  means, 
since  1777.  No  act  of  limitation  has  attached  to 
it,  and  it  has  been  made  the  subject  of  the  especial 
and  repeated  interposition  of  the  French  Govern- 
ment ;  and  it  is  equally  due  to  them  and  lu  that 
it  should  be  folly  investigated  and  finally  settled. 

In  a  eommon  case  it  would  be  deemed  sufficient 
evidence  of  the  validity  of  a  claim  on  a  Gk>verB- 
ment  that  its  agents,  accounting  officers,  and  Le- 
gislature, had  unifocmlv  admitted  its  justice ;  had 
promised  payment,  when  it  was  unable  to  do 
more,  and  have  made  remittances  when  it  was 
abk ;  that  the  account  had  been  doeed  for  twenty- 
five  years,  except  as  to  one  item,  whieh  two  Bxec- 
utive  Magistrates  and  two  Attorneys  Ctoneral  had 
decided  was  not  sustainable  as  a  ersdit.  Tetaathit 
subject  has  been  heretofore  referred  to  committees, 
who  have  reported  unfit voraUy  to  the  heirs  of  M. 
de  Beaumarehais,  aad  whose  opinions  are  entitled 
to  the  highest  respect,  the  committee  have  felt  it 
their  duty  to  inquire  not  onljr  into  the  propriety 
of  the  charge  of  the  one  million,  but  for  the  source 
of  the  supplies  which  form  the  charge  against  the 
United  States,  aad  to  ascertain  whether  any  were 
furnished  gratuitously  by  the  Gk)vemment  of 
France,  or  purchased  by  Mr.  Beaumarehais  on 
his  own  credit,  and  from  his  own  resources.  The 
committee  have  examined  every  document  sub- 
mitted or  accessible,  and  are  fully  of  opinion  tliat 
they  are  properly  chargeable  to  the  United  States. 


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Ooto  ^  Cttron  de  BMimatwkaU. 


It  hMM  oe?«r  been  deaied  that  tlie^r  vere  farnithed 
Vf  bim,  that  he  proe'nred  aod  sbipiped  then,  and 
taat  payment  mast  be  made  4o  bim.  if  tbe  Got- 
cnmenC  of  France  did  not  employ  kim  as  tbeir 
agent,  and  intend  these  supplies  as  gratnitoosaids; 
for  tbey  never  were  attributed  to  any  other  tbMi 
4be  two  sources. 

Tbe  Government  of  France  never  pretended 
that  they  bad  furnished  more  than  three  raiUions 
before  the  treaty  of  February,  1778,  and  this  was 
itt  money.  These  supplies  mmoonted  to  more 
4iMm  four  millions;  and  if  they  were  gratuitens, 
Ihen  tbe  Qovenunent  must  have  furnisbed  seven 
millions  before  tbe  treaty.  It  is  not  credible  that 
Dr.  Fmnklin  and  tbe  Count  de  Vei|B[^nes,  in  the 
eantract  of  1763,  should  have  committed  so  gfeat 
ft  mistake  as  tbe  omission  of  four  millions.  There 
WM  then  BO  motive  for  ooaoealiag  supplies  of 
4irau  more  than  of  money ;  and  as  these  gratni- 
toit  aide  were  ineerted  in  tbe  contract  merelf  to 
Bcmind  us  of  our  obliflations.  it  is  to  be  presumed 
;^at  their  extent  would  not  hare  been  unknown 
«r  Quaeknowledged.  Tbe  French  Qovernment 
kMre  Uttifonnly  declared  that  diey  for nished  fto 
nii|>plie8  of  arms  or  milHarjy  stores;  have  itit- 
planned  mil  connezian  with  the  commercial  tmns- 
Itctionsof  Mr.  Deaimarcbais ;  that  the  United 
States  must  pay  him ;  that  the  King  furmsbed 
flawing,  but  simply  permitted  bim  to  provide 
-himself  from  the  arsenals,  on  condition  of  replac- 
ing the  articles  he  took;  and  that  the  King  never 
intended  to  make  a  present  of  any  of  the  military 
atores  taken  from  nis  arsenals:  that  they  were 
Itamished  by  Beaumarcbais  in  the  way  of  trade ; 
and  that,  by  furnishing  tbem,  he  became  a  debtor 
to  France  and  a  creditor  to  the  United  States. 
Theae  declarations  have  been  tbe  same  from  tbe 
year  1778  to  the  present  time.  In  January,  1770, 
Congress,  by  a  solemn  and  unanimous  resolution, 
declared  that  these  supplies  were  not  a  present 
foom  the  King,  and  that  be  did  not  preface  his 
tiliance  with  any  soppfties  sent  to  America.  In 
tbe  same  month  they  order  a  remittance  of  three 
Ibonaand  hogsheads  of  tobacco  to  Beaumarcbais, 
in  part  payment  of  his  debt,  and  recognise  as  valid 
a  contract  made  with  his  agent  In  April,  1778. 
^he  president,  Mr.  Jay,  was  directed  to  write  bim 
a  leUef.  aoknowledaing  the  debt,  promising  pay- 
mtat,  md  assuring  him  that  he  wtU  receive  the 
nadted  applaase  of  tbe  new  world. 

Tbe  committee  are  not  aware  that  there  can  be 
atranger  evidence,  as  to  tbe  source  of  these  sup- 
|to,  tkan  tbe  eoacorrtng  declarations  of  both 
TSovernaaents,  simnltaneously  made,  and  uniform- 
ly persisted  in.  Peculiar  force  will  be  found  due 
to  tbem  when  a  recurrence  is  had  to  some  facts, 
wbieb  show  tbe  situation  of  Congress  at  that 
time^  and  afford  a  history  of  this  transaction,  in 
relation  to  the  accounts  <»  Beaumarcbais. 

In  January,  1776,  Congress  resolved  that  a 
quantitv  of  arms  and  other  stores  should  be  im- 
pprtad  for  tbe  use  ot  the  United  States,  and  forty 
thousand  pounds  worth  of  gqpds  for  the  Indians. 
The  secret  committee  were  directed  to  pursue 
nie  most  effectual  measures  for  procuring  tbem. 
Twy  appointed  Mr.  Silas  Deane  for  this  purpose, 


and  be  repaired  to  Europe.  He  arrived  at  Bor- 
deaux 6th  of  June,  1776;  the  cEact  time  of  bis 
arrival  in  Paris  is  not  known,  but,  ia  July,  aClw 
various  letters  bad  passed  between  bim  and  Ml 
Beaumarcbais,  an  agreement  was  made  for  tbe 
supply  of  the  articles  required,  not  by  a  formal 
cootract.  but  by  tbe  letters  referred  to.  Tbe 
prices  were  not  definitivdy  settled,  bpt  it  was 

2 reed  that  tbe  United  States,  at  tbair  optica, 
ould  nay  for  tbe  articles  their  curveat  vidue 
when  oehvered  in  Amertoa,  or  tbeir  cost  in 
France,  with  tbe  addition  of  tcanspartation  to  tbe 
seaporu,  freight,  coonmsaion,  and  iosmance«  A 
separate  conuact  was  same  time  afterwardamade 
for  freight  betweea  Messrs.  Montbieu,  Daaaft,  aad 
Beaumarcbais,  which  was  redaeed  to 


In  paraaanceof  this  agreement,  tiieaffticks  wcr 
furaisbed  and  iaoeiv«d  in  tbe  United  fitatea.  it 
was  not  thea  supposed  that  tbese  aamliM  wese 

Jratuitous  aids  from  the  fiuig;  for,  in  NovttmWr, 
776,  Mr.  Deane  writea  to  tbe  commiaee  tkmt  tht 
United  States  were  largely  iadebied  to  Aeaaawr- 
chais  for  tbem,  and  premfs  for  reauttaoaea  to  ke 
made  to  bim.  Ia  August,  1777,  OoagMsa  ardoaod 
that  tbe  correapoadeace  between  ibe  sacvet  aaaa- 
mittee  and  Mr.  Deane  be  laid  before  tbem;  and, 
in  Saptember  and  October  of  that  year,  tciait* 
tances  of  tobacco  were  received  by  Mr.  Baaa- 
marcbais  on  aaoount.  In  that  year  ha  seat  Mr. 
Francis,  his  ageat,  to  tbe  United  Sutes,  ia  order 
to  receive  payment  of  bisacoonnL  In  March, 
1778,  Congress  paid  him  twenty  limHsaad  dol- 
lars; and  ia  April  following^  by  a  committae, 
made  a  contract,  stinulating  for  payment  of  ptia- 
cipal  and  interest  lor  what  bad  been  tiien  fur- 
nished, aad  for  the  supply  of  twenty-four  nniUioat 
of  livres  if  the  contract  was  ratified  by  Mr.  Beaa- 
marcbais  and  our  commissiooera  ia  France;  this 
was  not  done,  and  tioit  sum  was  not  fomisbad. 
In  the  latter  part  of  1776,  Dr.  Franklin,  Silas 
Deane,  aad  Arthur  Lee,  weae  appointed  joiat 
commisaionem  at  the  Court  of  France.  They  4Bd 
not  long  act  in  harmony,  and  diasensioBs  aaae 
among  them,  which  Congress  resdved  were  hMi- 
Ly  imorious  to  the  honor  and  iaterest  af  tlia  iMu- 
ted  States.  Dr.  Fraaklia  aad  Mr.  Deane  afipaar 
to  have  been  on  iriendiy  terms,  biit  both  oilMr* 
wise  as  to  Mr.  Lee.  Mutual  complaints  snnia  |o 
have  been  nsade.  Mr.  Deane  was  raaaliad  in 
JNevember,  1777,  aad  in  Deeamber  ordered  baaie, 
and  to  attend  CoagreaB  with  all  eonveaiaat  dbe- 
spatcb,  in  order  to  give  an  aceoaai  of  oar  affairs 
in  Europe.  He  returned  from  France  lltb  J«lr, 
1778,  aiM  appeared  before  Congress  on  the  Imk 
August,  when  be  was  ordered  to  give  a  detaikd 
aocouat  of  bis  proceedings,  alhd  especially  of  Ms 
traaaactions  with  Beaumarcbais.  This  waa  ihe 
more  necessary,  as,  on  the  2d  of  Hay  precediajg, 
a  letter  had  been  received  from  Mr.  Lee,  datedia 
October  preceding,  in  which  he  atated  tliat  the 
supplies  for  which  Beanmarchais  chaiged  tbe 
United  States  were  gratuitously  furnished  by  tbe 
King,  and  that  the  agreement  for  furnishing  tbem 
bad  been  made  in  London,  in  April,  177d,  be* 
tween  Mr.  Lee  and  Beaumarcbais,  who  assaanad 
tbe  name  of  Hortales  &  Go.    Congress  baTtag 


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mpide  a  coatract  in  Aprils  bjr  wbieb  tb?y  had  as- 
sumed payment  far  tb^e  sapplies,  it  bacfitoe  all- 
uxiportaot  to  jascertaia  their  source.  They  wrote 
io  oor  MiDiaiers  io  Paris,  eoclosiDg  a  copy  of  the 
protract  made  with  Mr.  Fraoeis,  and  instructed 
^e^  to  call  OD  the  Frepch  Cour^  to  kaow  whe- 
ther they  had  furnished  aoy,  aod  what^  supplies. 
A  letter  was  addressed  to  the  Couat  de  Yergennes ; 
he  informed  them  that  the  Ktog  had  furnished 
nothioff,  and  Mr.  Girard,  the  Minister  here,  was 
ordered  to  make  the  same  assurances  to  Congress, 
which  he  did.  In  the  meantime  the  inquiry  pro- 
ceeded beftdre  that  body.  All  the  correspondence 
9(  our  ibreign  agents  was  laid  before  them.  Mr. 
Deane  was  examined  in  person,  (^be  was  so  or- 
ilered,)  and  presented  a  statement  m  writing.  In 
Beptembflr  t  committee  made  a  report  on  the  let- 
ters of  Mr.  Lee  and  Dr.  Fr^^liu.  In  December 
Mr.  Deane  was  again  heard,  and  presented  a  Jons 
detail  in  writing,  in  January  Congress  passed 
the  resolutions,  and  directed  the  letter  before  po- 
liced to  be  written.  In  April.  1779,  the  commit- 
tee reported  oil  the  conduct  of  our  compiissioners 
in  Prance,  and  the  accounts  of  Mr.  Deane  were 
ordecfd  lo  Jbe  settled  by  a  committee.  This  was 
aerer  done.  In  August  Mr.  Deane  was  dis- 
charged from  £arlh«r  attendance,  and  tan  thous- 
and five  hundred  dal^s  were  ordered  to  be  paid 
to  him  for  his  expenses  in  attending  on  Congress. 
X>aring  this  investigation  of  more  than  twelve 
^onths,  the  inquiry  was  not  conSned  to  the  con- 
duct and  accounts  of  Mr.  Deane;  the  accounts  of 
jBeaumarchais  necessarily  formed  an  important 
part  of  the  matters  they  acted  on.  Congress  must 
have  been  fully  informed  in  relation  to  them,  and 
therefore  possessed  better  means  of  judging  cor- 
rectly Ihan  p(^hly  could  have  existed  at  any 
subsequent  time.  The  trapsactions  were  then  re- 
cent, the  witnesses  were  alive,  and  all  the  papers 
lending  to  elucidate  the  transactions  were  fully 
oonaidered.  Under  such  circumstances,  the  reso- 
lutions of  January,  1779.  ought  to  have  conclu- 
alTc  force,  mpre  especially  ,wneo,.in  J^ne  follow- 
fffiS}  Congress  agreed  ^  a  report  of  a  committee 
appointed  to  settle  the  accoMats  of  Beaumarchais, 
in  which  they  state,  but  do  not  settle,  his  account; 
acknowledge  the -United  States  to  be  largely  in- 


to him;  order  blUs  of  exehaage  to  be 
liffawn  in  his  (avor  for  uro  miUioa  four  hundred 
^Iftiatisand  livra8,and  fUceol  ali.the  tobaeee  which 
Am  Uaited  States  then  had  to  be  piaid  lo  him. 
Tii«  commiitee  eannoi  feel  theinseires  jostilied 
in  considering  the  aceoant  as  open  for  discussion 
j^ier  all  these  aolema  recognitions  of  iu  justiee. 
It  is  worthy  of  remark,  that  ail  ihe  evidence, 
which  is  now  to  be  procured  was  then  folly  eon-' 
aidered;  nothing  new  iias  been  discovered.  The 
former  examinations  ^ere  minute,  and  the  result 
was  satisfactory.  The  biHs  were  paid  to  Beau- 
marehais,  and  various  remittanees  were  aiade  to 
bim  in  ITH,  ^8,  ^79,  ^1,  and  'SS.  The  debt  was 
never  questioned,  but  its  amount,  could  not  be 
ascertained  here;  it  was,  in  1785,  ordered  by  Con- 
ffress  to  be  settled  in  Burone ;  and  it  was  settled 
DT  Idr.  Barclay,  the  special  agent  of  the  United 
States /or  that  purpose. 


Before  the  committee  would  feel  «hiiiiselves 
authorized  to  reject  a  claim  thus  sanctioned,, they 
would  feel  it  indispensable  that  the  most  cleat 
and  explicit  proof  should  be  produced— such,  in- 
deed, as  would  not  leave  remaining  a  reasonatde 
doubt.    A  due  respect  for  the  old  Congress  of 
1778-9,  to  public  credit,  and  the  often  plighted 
iaith  of  the  Government,  would  seem  to  make 
this  a  doty  imperious,  not  only  on  the  committee^ 
but  on  Congress.   Such  evidence  has  been  sought 
for  in  vain,  and,  it  is  believed,  does  not  exist 
The  committee  have  attenjtiveiy  examined  the 
correspondence  of  our  commissioaers  in  Europe^ 
and  can  discern  in  that  no  evidence  that  the  sup- 
plies were  furnished  by  the  French  Court.    If, 
indeed,  the  statement  of  one  of  them  was  alone  to 
be  hehaved,  there  mt*^^  ^>^^  ^^  reason  lb 
doubt  on  the  sub|«cl,  and  it  certainly  iifiorded  fair 
grounds  for  inquiry  wh.ea  Ihe  statement  was  re- 
ceived in  1778;  but  the  commitftee  do  P9i  4tnow 
any  reason  why  greater  credit  should  ^ow  be 
given  than  it  seemed  eniitled  to  then.    It  was  at 
moat  but  the  declaimtioii  of  an  agent,  and  ihe 
principal  has  disavowed  it,  aod  admitted  a  lia- 
bilit]|r  which  the  agent  denied.    It  is  ihoQgkt  not 
consistent  with  good  faith  for  this  :09vernmenl 
to  rely  aoUly  on  the  dedarations  of  one  of  its 
agents  when  it  happens  to  be  in  their  £avor,  and 
to  disregard  the  assertions  of  others  when  they 
operate  against  it.    )f  our  agenu  in  Burope  dis- 
pute about  the  source  of  these  supplies,  the  aolema 
and  repealed  declarations  of  both  Qoveraqients 
would  seem  sufficient  to  turn  the  scale.   Jf  our 
Gk>]rernmeat  denied  its  liahiiit^r,  it  might  not  be 
deemed  »o  important,  as  it  was  interested  in  prov- 
ing the  supplies  to  be  gratuitous;  but  when  it 
admits  its  liability,  and  that,  too,  when  it  was  so 
extremely  hard  pressed  for  money  as  in  the  year 
1779,  it  ought  to  be  conclusive.    It  is  not  now  a 
sufficient  allegation  to  reject  and  disprove  the 
justice  of  this  debt  to  say  that  one  of  our  agents 
in  1777  and  ^78  declared  that  the  supplies  were 
gratuitous;  that  at  some  times  another  doubted, 
aod  at  oiher  times  admitted  the  justice  of  Ihe 
claim.    If  the  United  States  had  eyer  paid  for 
these  supplies,  and  were  now  repelling  an  atiempl 
to  exact  payment  a  seeond  tipie,  tbece  would  pe 
merennson  for  taking  advantage  of  slight  cir- 
cumstances.   But  the  presepi  i^  a  f&r  differaal 
case:  we  admit  the  receipt  of  the  supplies;  they 
were  of  infinite  imporunce:  payment  has  never 
been  made  by  the  United  States,  and  is  now  re- 
sisted on  no  other  gnmad  than  tlMU  they  were  ia- 
teaded  u  pveseais.    Such  inuntion  is  solemnlr 
contradicted,  aud  no  proof  offered  that  it  existed. 
Congress  has  already  repeatedly  decided  on  the 
statements  produced,  and  the  committee  think 
that  their  decision  cannot  be  disturbed  consist- 
ently with  good  faith.    They  fully  agree  with  our 
great  revolutionary  financier,  (Kobert  Morris,) 
*tbat,  if  anything  is  due  Mr.  Beaumarchais,  the 
reputation  of  the  country  will  be  compromised 
until  it  is  paid ;  that  the  payment  of  debts  may- 
be expensive,  but  that  it  is  infinitely  more  expen- 
sive to  withhold  the  payment.   The  former  is  an 
I  expe^0  of  moaey,  when  money  may  be  coqi- 


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24M 


Oaim  cf  Oaron  de  Beaumarekait^ 


maoded  to  defray  it ;  bat  the  latter  iDYolres  the 
destruetioo  of  that  tonree  from  whieh  money  can 
be  derived  when  all  other  soarcet  fail.  That 
•ouree,  abundant,  nay,  almost  inexhaustible,  is 
publie  credit.  The  country  ib  which  it  may 
with  ^[reatest  ease  be  established  and  preserved  is 
America,  and  America  is  the  coaotrj  which  most 
stands  in  need  of  it***  In  conclosion,  the  com- 
mittee will  remark  that,  in  every  point  in  which 
the  case  can  be  viewed  by  them,  they  are  folly  of 
opinion  that  the  heirs  of  Mr.  Beaamacchais  are 
creditors  of  the  United  States,  and  beg  leave  to 
re][>ort  a  bill  for  their  relief. 

No.  1. 

LetUr  of  the  Count  de  Vergennee  to  Lome  XVJ^ 
dated  Menf  8, 177(B»  {Jiokm  from  the  General  Hie- 
tory  of  French  Diplomaey.) 
Sina :  I  have  the  honor  of  sabmitting  to  your 


Majesty  the  paper  which  is  to  authorize  me  to 
Airnish  a  million  of  livres  for  the  use  of  the  Bas- 
lish  colonies,  if  you  should  deign  to  ratify  it  with 
your  signature.  I  add  to  this,  Sire,  the  draught 
of  the  repl^  which  I  mean  to  make  Mr.  Beau- 
marchais;  if  your  Majesty  should  approve  of  it 
I  beg  that  it  may  be  returned  to  me  without  de- 
lay. It  shall  not  go  forth  in  my  handwriting, 
Bor  in  that  of  any  of  my  clerks  or  seereUries.  I 
will  employ  that  of  my  son,  which  cannot  be 
known ;  and,  although  he  is  only  in  his  fifteenth 
year,  I  can  answer  positively  for  his  discretion. 
As  it  is  of  consequence  that  this  operation  should 
not  be  detected,  or  at  least  imputed  to  the  Gov- 
ernment, I  propose,  if  vour  Majesty  consents,  to 
call  hither  the  Sieur  Montaudoio.  The  ostensi- 
ble motive  will  be  to  ask  an  account  of  his  cor- 
lespondenee  with  the  Americans,  and  the  real 
one  to  charge  him  with  the  transmission  to  them 
of  the  funds  which  your  Majesty  is  pleased  to 
grant  them,  directing,  at  the  same  time,  all  the 
precautions  to  be  taken  as  if  he  advanced  the 
funds  on  his  own  account.  On  this  head,  also, 
I  take  the  liberty  of  requesting  the  orders  or  your 
Majesty.  That  being  done,  I  will  write  to  the 
Marquis  Grimaldi.  (Secretary  of  Foreign  Affairs 
in  Spain ;)  I  will  inform  him  in  detail  of  our 
operation,  and  propose  to  him  (de  la  doubler)  to 
do  the  same.    I  am,  dbc. 

No.  2. 
Biimbmeement  rfjunde  adeaneedfir  eeeret  eermeee. 
Vbkbaillbs,  December  7, 1776. 

It  is  nearly  six  months  since  the  King  deemed  it 
expedient  to  order  the/amount  of  one  million  of 
livres  tournois  to  be  advanced,  applicable  to  secret 
|K}litical  services  of  his  administration,  exclu- 
sively under  his  cognizance. 

M;  de  Harvelay,  keeper  of  the  royal  treasury, 
has  made  the  advance  out  of  his  funds,  and  the 
amount  has  been  applied  to  the  purposes  intended 
by  the  King.  It  now  remains  for  me  to  procure 
the  Kioff's  orders  for  the  reimbursement  of  the 
loan  with  theaccruing  interest.  With  this  view, 
i  have  the  honor  to  propose  to  the  Sang  that  five 


hundred  thousand  livres  be  refunded  from  the  in* 
terest  of  public  moneys,  which,  I  conceive,  may 
be  disposable  at  the  close  of  the  receipts  for  the 
present  year,  and  the  remainder  from  that  of 
those  for  1777.  Should  the  King  accede  to  this 
arrangement.  I  solicit  His  Majesty  to  give  it 
sanction  by  nis  act,  and  authorize  the  issue  of 
such  orders  as  may  be  necessary  for  its  consum- 
mation. 
"Good.'' 

TWO  AaTICLBS. 

1st.  A  loan  of  one  million  ordered  to  be  naad« 
in  1776  for  secret  political  purposes  of  Hit  Ma- 
jesty. 

2.  Aa  order  to  hold  disjxMable  the  aforesaid 
one  million,  and  to  see  chat  it  be  duly  paid. 

1st  Article. 
M.  de  Harvelay  will  hold,  subject  to  my  ordera 
one  million  of  livres,  the  which  he  shall  not  suP 
fer  to  be  taken  out  of  his  hands  but  on  the 
receipt  of  the  particular  whieh  I  shall  aend  ia 
relation  to  it.  The  aforesaid  million  u  for  mtitr 
ters  pertaining  to  the  King's  Government 

DE  VERGBNNBS. 
YBnaAiLLBs,  Saturday^  Motif  4^  1776. 

2d.  ArticU. 
M.  de  Harvelay  will  pay  the  bearer  of  thk 
order  one  million  of  livres,  agreeably  to  the  deeret 
of  the  4ih  of  May  of  the  present  year,  and  he  will 
deposite  the  proper  acknowledgment.    He  will 
account  for  this  advance,  and  interest  thereon,  in 
the  statement  which  he  will  render  at  the  close 
of  this  year  of  the  disposition  he  shall  have  made 
of  the  moneys  appropriated  to  foreiirn  afiairs. 
DE  YERGfiNNES. 
ViasAiLLBS,  Jtffie  5, 1776. 

Gkiod  for  one  million  livres. 


No.  3. 
Thejlrei  letter  of  Mr.  Arthur  Lee,  under  the  name  of 
.  Marie  Johnaion,  to  ^.  BeaumarehmM,  under  ina 
name  of  Roderique  Hortalee  A  Co. 

LoKDOM,  May  23, 1770. 
Be  persuaded  that  M.  le  Comte  de  *  *  *  eai- 
not,  in  any  manner,  embarrass  you.  I  pray  yott 
to  consider,  in  your  arrangemeots  at  tae  Oapt| 
that  the  want  of  tobacco  ought  not  to  hinder  yoor 
sending  out  supplies  to  the  Americans;  for  to- 
bacco IS  so  weighty  an  article  that  it  will  gremtly 
impede  the  sailing  of  the  ships,  and  the  easeBtiai 
object  is  to  maintain  the  war. 

M.  HORTALBS. 

No.  4. 
Mr.  Beaumarchait^e  answer  to  the  absae* 

,  Paris,  June  6, 1776. 
I  received  your  letter  of  the  23d  Ma^.    I  wOl 

ferform  my  promises  in  the  way  I  pointed  out 
am  about  to  send  to  Cape  Francois,  in  the  island 
of  St.  Domingo,  a  ship  loaded  with  merchandise 
to  the  value  of  £25,000'sterling,  besides  eannon^ 


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Claim  of  Cbron  de  BtaittmarehoM. 


powdtr,  and  starts ;  but  this  Ust  af  tide  will  ar- 
rive bat  io  small  parcels,  on  accoaat  of  tbe  risk. 
On  yoar  |>art,  do  not  fail  to  send  a  ship  loaded 
with  good  Virginia  tobacco ;  and  let  yoar  friend 
send  in  the  ship  an  intelligent,  discreet,  and  faith- 
fal  person,  witn  powers  to  receive  the  money  or 
merchandise  and  powder,  and  to  make  the  re- 
mittances in  tobacco,  which  I  can  no  more  do 
without  than  your  friend  can  withoat  what  I 
send  to  him ;  in  a  word,  let  him  give  his  notes 
to  mv  house  for  what  he  shall  not  be  able  to  pay 
in  tobacco,  and  make  certain  and  solid  arrange- 
ments witn  my  agent  at  the  Cape  for  the  futare. 
The  eapcain,  on  his  arrival  at  the  Cape,  must 
inquire  ot  the  first  magistrate  who  is  the  mer- 
chant intrusted  with  the  affairs  of  Roderique 
Hortales  dt  Ca,  and  he  will  introduce  him  to  the 
correspondence  of  your  humble  servant. 

M.  JOBIIBTON. 

No.  6. 
Tht  second  letter  of  Mr.  Lee  to  M.de  Beaumarchais, 
LoifnoM ,  June  14, 1776. 
Sir  :  I  have  but  one  moment  to  thank  you  in 
for  your  letter  of  the  6tb  Jane,  which  I  received 
aafe  this  moment*  I  will  do  my  utmost  to  answer 
yoor  wishes ;  bat  I  advise  yon,  as  my  friend,  to 
•onsider  always  that  the  communication  of  sen- 
timents is  difficult ;  and,  for  that  reason,  we  ought 
to  do  all  in  our  power,  without  insisting  on  a  cer- 
tain and  immeoiate  return. 

[In  ciphers.J 
Consider,  above  all  things,  that  we  are  not 
transacting  a  mercantile  bnsiness,  but  that  poli- 
tics are  greatly  concerned  in  this  afiair. 
[In  letters.] 
I  have  written  on  your  account  to  our  friend 
Grayman. 

No.  6. 

7%e  eeeond  letter  of  Mr.  BeautnarehaU  to  M.A.  Lee. 

[In  ciphers.] 

Paris,  June  26, 1776. 
I  refer  you  to  my  former  letter  of  the  6th  Jane, 
of  which  I  pray  you  to  fbllow  the  dlspoAition. 

The  difficalties  which  I  have  met  with  in  my 
negotiation  with  the  Minister  have  made  me 
taJce  the  resolution  of  forming  a  company,  which 
shall  send  out  the  sapplies  of  powder  and  stores 
to  yoar  friend,  depenaing,  in  the  mean  time,  on 
remittances  in  tobacco  at  Cape  Frangois,  and  al- 
ways under  the  name  of  your  servant, 

RODBRIQUE  HORTALES  ^  CO. 

No.  7. 
From  M.  de  Beoumarekaie  to  Mr.  Deane. 

July  18, 1776. 
I  do  not  know,  sir,  if  you  have  anybody  with 
you  whom  you  may  trust  for  transJatiog  the 
French  letters  which  treat  on  important  affairs. 
On  my  part,  I  shalt  not  be  able  to  treat  with  se- 
curity in  English  till  after  the  return  of  a  person 


whom  I  expect  at  this  moment  from  London,  and 
who  will  be  an  interpreter  between  us ;  mean- 
while,  I  have  the  honor  to  inform  you  that  I  had 
for  some  time  past  the  desire  of  he] pioff  the  brave 
Americans  to  shake  off  the  English  yoke.  1  have 
already  tried  several  means  to  open  a  secret  and 
sure  correspondence  between  the  General  Con- 
gress and  a  house  which  I  am  aboat  to  establish 
on  that  occasion.  I  shall  exert  my  endeavors  to 
provide  the  continent,  either  by  the  way  of  our 
West  Indies,  or  straight  from  here  if  possibly 
with  all  such  articles  which  the  Americans  shall 
be  in  need  of,  and  which  they  cannot  any  more 
get  from  England.  I  have  already  mentioned 
my  plan  to  a  gentleman  in  London,  who  pretends 
to  be  much  attached  to  America;  but  oar  corres- 
pondence, since  I  left  England,  having  been  car- 
ried on  with  difficulty  and  in  ciphers^  I  have  re- 
ceived no  answer  to  my  last,  in  which  I  have 
tried  to  fix  some  terms  for  that  great  and  impor- 
tant affair. 

Bat,  since  you  are  vested  with  a  character 
which  permits  me  -to  have  confidence  in  yon,  I 
shall  be  very  glad  to  begin  anew,  in  a  manner 
more  certain  and  more  regular,  a  negotiation 
which  was  before  but  touched  on.  My  means 
are  not  very  considerable,  but  they  may  be  much 
increased  if  we  can  establish  toffether  a  treaty  of 
which  the  conditions  shall  be  honorable  and  ad- 
vantageous, and  the  execution  of  the  same  shall 
be  exact. 

I  cannot  grant,  either  to  Mr.  Dubourg  or  to 
anybody  else,  the  confidence  of  speaking  freely 
of  my  plan ;  but  when  you  will  have  compared 
the  nature  of  the  offers  which  shall  be  made  to 
you  from  every  quarter  to  the  disinterested  zeal 
which  attaches  me  to  the  cause  of  America,  you 
will  perceive  what  difference  there  is  between 
treating  with  comdon  merchants  and  on  the  r 
hardest  terms,  and  the  good  fortune  of  meetluff 
with  a  generous  friend  who  shall  think  himself 
happy  in  proving  to  your  nation  and  to  you,  its 
secret  representative,  now  truly  he  is  devoted  to 
them,    lam,  sir,  yours,  dbc. 

CARON  DE  BEAUMARCHAIS. 


No.  8. 
From  Mr.  Deane  to  Mr.  Bemtmarekme. 

July  20, 1776; 
Sir  :  In  compliance  with  yoar  reqaest  at  our 
interview  of  yesterday,  I  send  you  enclosed  co- 
pies of  my  commission,  and  an  extract  from  my 
instructions,  which  will  fully  satisfy  you  of  my 
bein^  authorized  to  make  the  purchases  I  have 
applied  to  you  for.  To  understand  this  extract, 
it  is  necessary  to  inform  you  that  I  was  ordered 
to  make  my  first  application  to  the  Ministers,  and 
to  procure  the  supplies  wanted  of  them,  by  way 
of  j>urcbase  or  loan ;  and  in  case  the  credit  or 
influence  of  Congress  shoald  not  be  such,  trader 
the  present  circumstances,  as  to  obtain  them  from 
that  quarter,  I  was  instructed  then  to  apply  else- 
where. My  application  to  the  Minister,  and  his 
answer,  I  nave  already  acquainted  you  with. 
With  respect  to  the  creait  which  will  be  required 


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SIH 


Mte  ofyoa,  I  ha|»*  that  a  hmg  one  #ill  not  be 
Seoeistit-  1^ wehre  months  bib  oeeir  the  loikgevt 
credit  my  coimtrjrmen  hit  ve  ever  been  aecuitoined 
to ;  ahd  Congrett  haviiiff  engig^d  large  qmntl- 
iiet  of  tobacco  in  Virginia  arid  Marykod.  a^  weH 
as  6th*r  artt*>cs  in  other  Jwrts,  which  they  will 
shivM  ftist  as  ressels  cao  be  iprorid^,  I  have  no 
doabt  but  rery  considerable  remittances  will  be 
mde  within  six  riaonths  from:  tbia  time,  and  for 
^  whole  within  a  year ;  this  I  shaii,  in  my  let- 
tets,  nrge  Confess  to  do.  Birt  the  events  of  war 
are  nncertain,  and  our  ooibmerce  is  eiposed  to 
be  aflfected  ilier^.  I  hope,  howeTcr^  that  at 
kast  svch  reimttanceb  i^m  be  made  you  that  you 
wtH  be  abk  t<y  wait  for  wbtetciver  sum  may  re- 
main due  after  the  credit  W(i  shall  agree  on  is 
expired,  Bayinjj^ihe  usHal  iaterest  allowed  you. 

I  riead  you  also  an  rnvoice  of  the  ctotbioig,  and 
of  mmiy  articles  of  the  furniture  and  stores  rie* 
eessary  for  our  army,  in  which  I  cannot  be  so 
particular  at  present  as  it  will  be  necessary  to  be 
iereafterin  case  you  undertake  it;  but  as  the 
artickr  for  the  uniform^  can  at  this  time  be  a^ 
certained  as  well  As  cTerj  I  hate  made  out  a  de* 
tail  of  tbem.  Thotfgh  my  iAstruetions  speak  of 
tet  one  hundred  brass  csfnnori,  and  of  arms  and 
etothittg  for  26,000  meO,  yet,  considering  the  rm- 
tfortinee  of  the  arttclcfs  to  Americai  I  shall  (if  to 
be  obtained)  venture  in  a  larger  quantity  |  the 
probability  of  some  part  being  taken,  with  othe* 
circumstance*,  will,  I  think,  fully  jt^tify  toe 
therein.  But  it  is  improper  to  add  on  this  sob* 
ject  until  yon  resolve  whether  you  will  under- 
take, awl  oof  the  terdi*  which  I  presume  you  will 
do.  As  soon  as  you  shall  hare  obtained  a  traas^ 
ktiou  of  thift  and  the  enclosed,  I  will  do  myself 
tiie  honor  of  wilting  on  you ;  in  the  mean  time, 
1  ktni  with  the  utteost  resp^t  and  attaebment, 
sir,  yours,  Ac.  SILAS  DBANBL 

iio.  9. 
Ffm  Mr*  Ikmu  toM.dt  BmumanAaU. 

Paris,  July  24, 1776. 
Sir:  I  have  considered  the  letter  you  honored 
me  with  on  the  22d,  and  Km  of  the  opinion  that 
your  prbpdsak  ht  regttiatiof  the  pricea  of  goods 
and  stores  are  jast  and  equitable.  The  generous 
con^dence  you  place  in  the  virtue  and  jiustice  of 
my  constituents  affords  me  the  greatest  pleasure, 
and  gives  me  the  most  flattering  prospect  6f  suc- 
cess in  the  undertaking  to  their  as  wdi  as  you^ 
satisfaction ;  and  permit  me  to  assure  you  the 
United  Colonies  will  uke  the  most  effectual 
measures  to  make  you  remittances,  and  to  justify, 
in  every  respect,  the  sentiments  you  entertain  oi 
them }  but,  at  the  same  time,  as  the  invoice  for 
clothing  only,  and  without  the  incidental  charges, 
amounts  to  about  two  or  three  millions  of  livres, 
and  as  the  cannon,  arms,  and  stores,  will  raise 
the  cum  much  higher,  I  cannot,  considering  the 
uncertainty  of  the  arrival  of  vessels  during  the 


but  in  that  ea«e,  aa  I  ^M/^  yoU  befdi^  1  boM 
that  the  iihfereK  eu  the  batefiee  Wilf  be  JifisfM^ 
tor y.  With  r^pect  to  cargoes  teoi  fttm  Atoeti< 
ca,  either  to  Pranee  ot  tUfe  West  Iudk^>  deiigned 
as  remittaolced  for  iftttt  adtinces.  I  fbihk  tfaeM 
can  be  no  objectiotf  to  tbeftr  being  sent  to'rfk 
addreM  of  a  hobse  iu  French,  or  to  youf  a|fetf^ 
Where  they  may  rirrlve. 

I  find  fh«t  cannon,  intas,  awd  othet^ihHHtaAiy 
stores,  are  prohibited,  and  canilot  b^  exposed  but 
in  a  private  niatfiier.  Tbia  drcfrmstsniee  j^vea 
me  maty  appi^beiMiotfS.  ibr,  ab  I  cannot  hav^ 
those  things  rtitppe(l  ptbncFy,  I  cannot  baveOietti 
parobased  openly,  'Without  |rVrn|  riarms,  Per- 
haps fatal  to  oui^  openitfOM )  in  thm^9e,tanei^ 
deceptions  and  impo^tloiitf  tbay  b^  t^etised. 
Tou  know  that  ^b«  atfibMsadoir  of  Btfgbtnd  H 
attentive  to  everytbifr|[  do^e  by  n^,  arid  tliat  bit 
spies  watch  every  motion  of  mine,  and  WiH  prob- 
ably watch  the  motions  of  those  with  whom  I  am 
known  to  be  connected.  In  this  situation,  and 
being  a  stranger  in  a  great  measare  to  your  lan- 

fuage,  t  foresee!  mitiiy  embatrasstrieuts,  #h1di  I 
now  not  ho#  to  obfiftfe,  and  such  as  I  fear  may 
greatly  perplex  evear  yourself,  riotwitUsundkig 
your  superior  knowkdife  and  address.  Two 
things  you  will  a^rce  ir^ik  nie  stre  as  esseniiai  ae 
eveh  tne  procuring  of  tlra  eanrioai,  amis,  ise^ 
First,  that  they  are  good  and  weU  laid  ti.  UMd 
that  they  be  embarked  Without  being  stopped  an# 
detained.  The  fate  of  my  country  depends,  ^  tf 
great  measure,  on  the  amval  of  these  supplies.  I 
cannot,  therefore,  be  too  anxious  on  the  subject; 
nor  is  there  any  daneer  or  expense  so  great  but 
what  must  be  nazaraed,  if  necessary,  to  emst  so 
capital  and  important  an  object.  I  pray  you  to 
consider  this  subject,  and  tofi[ive  me  your  thoughts 
upon  it.  I  called  oh  yoa'  ink  morning  with  Dr. 
Bancroft,  to  have  conversed  With  you  on  this 
subject,  but  found  that  you  were  gon^  io  YO^ 
sailles.  Permit  me  to  urge'  your  early  attention 
to  this  subject,  and  to  assure  you  that  I  have  the 
hoaof  to  be,  with  the  highest  rfsoeot2jjr,j[(}Ui8^ 


No.  10. 
Litter  of  Beduiharchaii,  under  the  i 
darigut  Hortaka  4r  ^o*f  to  the  t 
Ccfte^(fndmUt  dated 

AuousT  1^  1776« 
GBNTLBMfiN ;  The  respectful  esteem  that  I  beax 
towards  that  brave  people  who  so  wett  defend 
their  liberty  under  your  cooducit^  has  induced  mo 
to  form  a  plan  concurring  in  this  |^eat  worky  by 
establishiiw  au  extensive  comatiereml  boose,  sole- 
ly for  the  purpose  of  serving  you,  in  Europe; 
there  to  supply  you  with  necessaries  of  every 
sort ;  to  furnish  you  expeditiously  and  certainly 
with  all  articles,  clothea,  UooM,  fioWder^  amiaa- 
niiion,  oraskets,  cannon,  or  even  gold  for  the 
payment  of  your  troops ;  and,  in  general,  every* 
thing  that  can  be  useful  for  the  honorabk  waritt 

. J . o—    which  jrou  areeng^fcd.    Yotjr  deputiea,  geatki 

war,  venture  to  assure  you  that  remittances  will  I  men,  will  find  in  itie  a  sure  friend,  an  aaybm  ui 
be  made  fbr  the  whole  within  the  time  proposed ;  I  my  house,  money  in  my  coffers^  and  every 


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8414 


Claim  qf  CbrMi  de  B^aumarehaiM, 


oii  llMiKtftCiiigr  tbtir  optraCioM,  whetfa«r  of  a  palK 
lie  or  a  seeref  nature.  I  will,  if  posttble,  remove 
all  ebstaeles  tbat  may  oppose  your  wisiee  from 
tke  poitlics  of  Europe.  At  this  very  tinve,  aod 
withoQt  waiting  for  any  answer  from  yo»,  Ihare 
pr oe«re4  for  yon  about  two  hundred  pieees  of 
orasB  eannon,  (four  pounders,)  which  will  be  sent 
to  yoo  by  the  nearest  way ;  200,000  poinids  of 
eaiuioa  powder.  20,000  pounds  of  exeelleat  fu- 
sUs)  soflore  brass  mortars,  bombs,  eannoii  balb, 
bayonets,  platines,  elothes,  linens,  ^.,  for  the 
eiothing  of  your  troops,  and  lead  for  mnsket 
balls. 

An  offleer  of  the  greatest  merit  for  artillery  and 
fpenfius,  aeoompanied  by  Heatenants,  olfieers^  ar- 
tillerists, eannoniers,  ^^  which  he  thinks  ne« 
oessary  for  the  service,  will  go  for  Philadelphia 
even  before  you  have  receivM  my  first  despatch* 
es«  This,  gentlemen,  is  one  of  the  greatest  pres* 
ents  that  my  atuchment  can  oikt  you.  Your 
deputy,  Mr.  Deane,  agrees  with  me  in  the  treat- 
ment which  he  thinks  suitable  to  his  office,  and 
I  have  found  the  powers  of  this  deputy  sufficient 
that  I  should  prevail  with  thiti  oflker  to  depart, 
under  the  sole  engagement  of  the  deputy  respect- 
ing him,  the  terms  of  which  I  have  not  the  least 
doubt  but  Congress  will  comply  with.  The  se- 
crecy, gentlemen,  necessary  in  some  part  of  the 
operations  which  I  have  undertaken  for  your  ser- 
vice, requires  also,  oo  your  part,  a  formal  resolu- 
tion that  all  the  vessels  and  their  demands  should 
be  constantly  directed  to  our  house  alone,  in  order 
that  there  may  be  no  idle  chatterins  or  time 
lost— two  things  that  are  the  ruin  of  aflSirs.  You 
will  advise  me  what  the  vessels  eoatain  which 
yoo  shall  send  into  our  ports.  I  shall  choose  so 
much  of  their  leading,  in  return  lor  what  I  have 
sent,  as  shall  be  suitable  to  me.  When  I  have 
not  been  able  beforehand  to  inform  you  of  the 
cargoes  which  I  wish,  I  shall  facilitate  to  you 
the  loading,  sale^  and  disposal  of  the  rest.  For 
instance,  five  American  vessels  have  just  arrived 
in  the  port  of  Bordeaux,  laden  with  salt  fish ; 
though  this  merchandise,  coming  from  strangers, 
is  prohibited  in  oar  ports,  yet,  as  soon  as  your 
depmy  had  told  me  that  these  vessels  were  sent 
to  him  by  you  to  raise  money  from  the  sale  lor 
aiding  htm  in  bis  purchases  in  Europe,  I  took  so 
much  care  that  I  secretly  obtained  from  the  flirm- 
ers  general  an  order  for  landing  it  without  any 
notice  being  taken  of  it  *,  I  couldeven,  if  the  case 
had  so  happened,  take  upon  my  own  account 
these  cargoes  ef  salted  fish,  though  it  is  nowise 
usefnl  to  me,  and  charge  myself  with  its  sale  and 
disposal,  to  simplify  the  operation,  and  lessen 
the  embarrassment  of  the  merchants,  ^.,of  your 
deputy.  I  shall  have,  gentlemen,  a  correspondent 
in  each  of  our  seaport  towns,  who,  on  the  arrival 
of  your  vessels,  shall  wait  on  the  captains,  and 
offer  every  service  in  my  power;  he  will  receive 
their  letters  and  bills  of  lading^  and  transmit  the 
whole  to  me ;  even  things  which  yon  may  wish 
to  arrive  safely  in  any  country  in  Europe,  after 
hatinff  conferred  about  them  with  your  depiKy, 
I  shall  cause  them  to  be  kept  in  some  secure 
place;  even    the  answen  shall  go  with  greait 


poMtuality  throoffh  me,  and  this  way  will  swrt 
much  anxiety  and  many  delays,  f  request  of 
you,  gentlemen,  to  send  me  next  Spring,  if  itk 
possible  for  you,  ten  or  twelve  thousand  hooi- 
heads,  or  more  if  you  can,  of  tobacco  from  yu^ 
ginia,  of  the  best  quality.  Too  very  well  under- 
stand that  my  commerce  with  you  is  carried  on 
in  Europe ;  that  it  is  in  the  ports  of  Europe  I 
make  and  take  returns.  However  well  bottomed 
my  house  may  be,  and  however  I  may  have  a]^ 
propnated  many  millions  to  yoor  trade  alone,  yet 
it  would  be  impossible  for  me  to  support  it  it  all 
the  dangers  of  the  sea,  of  exports  and  impoit^ 
were  not  entirely  at  your  risk.  Whenever  yot 
choose  to  receive  my  ffoods  in  any  of  oor  wmd^^ 
ward  or  leeward  island  yoo  have  only  to  inform 
me  of  it,  and  my  correspondents  shall  be  there 
according  to  your  orders^  and  then  you  shall  have 
no  augmentation  of  price  but  that  of  freight  and 
insurance.  But  the  risk  of  being  taken  by  your 
enemies  still  remains  with  you,  according  to  the 
declaration  rendered  incontestable  by  the  meas- 
ures I  shall  take  by  your  deputy  himself.  This 
deputy  shall  receive,  as  soon  as  possible,  fall 
power  and  — ^  to  accept  what  I  shall  deliver  lo 
him,  to  receive  my  accounts,  examine  them,  make 
payments  thereupon,  or  enter  into  engagements 
which  you  shall  be  bound  to  ratify  as  the  hetA 
of  that  brave  people  to  whom  I  am  devoted ;  itt 
short,  always  to  treat  about  your  interests  imme* 
diately  with  me.  Notwithstanding  the  open  op* 
position  which  the  King  ofF^^ance|  his  Ministers, 
and  the  agents  of  administration  show,  and  ouglkt 
to  show,  to  everything  that  carries  the  least  ap* 
pearance  of  violating  foreign  treaties  and  the  in* 
temal  ordinances  of  the  kingdom,  I  dare  promise 
to  Tou,  gentlemen,  that  my  indefatigable  xeal 
shall  never  be  wanting  to  clear  up  difficulties 
soften  prohibitions,  and.  In  short,  Ikeilitate  all 
operations  of  a  commerce  which  my  advantagej 
much  less  than  yours,  has  made  me  undertake 
with  you.  What  I  have  just  informed  you  of, 
gentlemen,  is  only  a  general  sketchy  subject  te 
all  the  augmentations  and  restrictions  which 
events  may  point  out  to  us.  One  thing  can  never 
vary  or  diminish — it  is  the  avowed  and  ardent 
desire  I.have  of  serving  you  to  the  utmost  of  my 
power.  You  will  recollect  my  signature ;  that 
one  of  your  friends  in  London  some  time  ago  in* 
formed  you  of  my  favorable  dispositions  towards 
you,  and  my  attachment  to  your  interest. 

Look  upon  my  house  then,  gentlemen,  frottk 
henceforward,  as  the  chief  of  all  useful  operations 
to  you  in  Europe^  and  my  person  as  one  of  the 
most  zealous  partisans  of  your  cause,  the  soul  of 
your  success,  and  a  oMm  the  most  deeply  im« 
pressed  with  respectful  esteem,  with  which  I  have 
the  honor  to  be, 

RODERiaUE  HORTALES  d^  CO. 

P.  S.  I  add  here,  to  conclude,  that  every  Ame* 
riean  ressel,  though  not  immediately  armed  or 
loaded  by  yoo,  will  be  entitled  to  my  good  officet 
in  this  country ;  but  yours,  particularly  addressed 
to  my  house,  will  receive  a  particular  preference 
from  me.    I  ought  also  to  intimate  to  yoo,  gen* 


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APPJBTOIX. 

dam  qf  Carqn  de  Beaumarekait. 


8416 


demtOi  that,  from  the  natare  of  my  connexioB, 
it  is  to  be  wished  you  would  use  discretion,  even 
in  the  tceounts  that  you  give  to  the  General 
Congress.  Byerything  that  passes  in  your  great 
assemblies  is  kuown  (I  cannot  tell  how)  at  the 
Court  of  Great  Briuin ;  some  indiscreet  or  per- 
fidious citizen  sends  an  exact  account  of  your 
proceedings  to  the  palace  of  St.  James. 

In  times  of  great  exigency,  gentlemen,  Rome 
had  a  dictator;  and  in  a  state  of  danger,  the 
more  the  executire  power  is  brought  to  a  point, 
the  more  ceruin  will  be  its  effect,  md  there  will 
he  less  to  fear  from  indiscretion*  It  is  Co  your 
wisdom,  gentlemen,  I  make  this  remark;  if  it 
aeems  to  you  just  and  well  planned,  look  upon 
it  as  a  new  mark  of  my  ardor  for  your  rising 
republic*  R.  H.  dC'  Co. 

No.  11. 
From  Mr.  Deane  to  M.dc  Beaufnarehmi, 

Pabib,  Auguit,  19, 1776. 
Sir:  Since  the  stores  and  goods  have  been  en- 
gaged and  getting  ready,  I  have  made  inquiry  of 
several  merchants  respecting  the  charter  of  ves- 
sels for  America  generally,  without  mentioning 
what  their  cargoes  should  consist  of^  and  have 
written  in  the  same  way  to  some  of  my  corres- 
pondents; and,  in  the  whole,  I  find  I  shall  not  be 
able  to  provide  them  so  early  as  is  necessarv  at 
any  rate,  and  I  fear  not  without  making  their 
destination  and  object  too  public.  You  will  re- 
collect that  I  mentioned  my  apprehensions  on 
this  subject  to  you  some  days  since,  and  now 
propose  rif  consistent  with  your  other  engage- 
ments) that  you  would  take  the  procuring  of  the 
vessels  necessary  on  you,  at  least  so  far  as  to  be 
security  for  the  payment  of  their  charter.  It 
gives  me  pain  to  put  this  additional  trouble  and 
expense  on  you,  but  I  know  that  you  think  noth- 
ing within  your  power  is  too  great  to  be  under- 
taken for  the  service  of  the  United  Colonies  of 
America,  whose  grateful  acknowledgments  must 
equal,  though  they  can  never  exceed,  your  sene- 
rons  exertions  in  their  favor  at  this  criiicu  and 
important  period  of  their  affairs.  These  vessels 
will  return  with  cargoes  on  your  account^  which, 
with  what  will  probably  arrive  from  other  re- 
mittances, will  enable  ^ou  to  proceed  to  the 
greatest  extent  in  executing  the  sreat  and  liberal 

Elan  you  have  proposed.    I  shall  do  myself  the 
onor  of  waiting  on  you  to-morrow  morning  on 
this  and  other  alairs ;  mean  time,  I  am,  with  the 
utmost  respect  and  atuchment,  sir,  yours,  dMs. 
SILAS  DEANE. 

No.  12. 

Letter  of  BoMmarehoii  to  the  Secret  Committee  of 

Correepondenee,  dated 

SfiPTEMBBR  15, 1776. 
Gbmtlemen  :  In  writing  this  letter,  I  imagine 
Tou  are  informed  by  my  first  of  my  acuve  zeal 
tor  your  interest ;  I  therefore  suppose  you  will 
do  me  the  honor  to  acknowledge  me  amons  your 
friends  and  faithful  servants.    These  titles  1  adopt 


with  pleasure,  because  I  think  myself  worthy  of 
them.  In  addition  to  the  offers  of  what  I  possess, 
I  shall  presume  to  make  another  of  thoee  reflecp 
tions  which  I  think  may  be  useful  to  vou.  Liv- 
ing in  Europe,  and  being  better  able  than  you  to 
unfold  the  secret  springs  which  give  motion  to 
Sutes  in  this  part  of  the  world ;  and,  above  alL 
persuaded  you  have  only  shaken  off  the  yoke  of 
one  of  the  people  that  compose  it  to  become  a 
more  certain  friend  to  the  rest,  I  will  venture  to 
reason  with  you  upon  your  present  situation. 
Whatever  haughty  confidence,  gentlemen,  your 
enemies  may  affect,  your  declaration  of  indepen- 
dence has  thrown  them  into  consternation.  Flat- 
tering themselves  no  more  to  regain  you  by  their 
adroitness,  they  begin  to  fear  they  will  not  be 
able  to  subdue  you  by  force.  Their  finances  shat- 
tered, their  commerce  lessened,  their  force  ex- 
hausted, plainly  indicate  that  the  present  great 
effort  is  the  last  thing  they  will  be  able  to  make 
against  you ;  and  if  your  courage,  gentlemen,  is 
only  sufficiently  fortunate  to  bear  the  weight  of 
the  present  campaign,  it  n  almost  impossible  that 
they  will  dare  to  undertake  another.    But,  whilst 

?rou  are  fighting  in  America  to  free  yourselves 
irom  their  yoke,  the  events  of  Europe  concur  to 
hasten  the  moment  of  your  delivery.  The  blun- 
der Portugal  has  latel)[  fallen  into  of  shutting  her 
ports,  with  still  more  imprudence  than  haughti- 
ness, seems  to  be  an  act  of  Heaven  in  your  favor, 
of  which  you  cannot  too  soon  avail  yourselves. 
From  the  resentment  which  Spain  has  long 
borne  for  Portugal,  if  I  had  the  honor  of  presid- 
ing in  your  committee,  gentlemen,  I  would  not 
hesitate  to  persuade  vou  immediately  to  declare 
war  against  Portugal,  and  without  delay  to  send 
a  fleet  to  the  Brazils.  This  unexpected  and  bold 
measure  would  be  productive  of  many  good 
effects:  the  first  would  be  certainly  to  interest 
Spain  in  your  success,  and  perhaps  engage  her  to 
make  a  like  declaration  against  Portugal.  From 
that  moment,  united  with  Spain  ^n  resentment 
you  become  in  some  sort  her  allies;  for  the  ene- 
mies of  our  enemies  are  more  than  half  our  friends. 
Do  not  entertain  a  doubt  but  that  Power  will  then 
open  hCT  American  ports  to  your  armed  vessels, 
and  send  a  private  order  to  receive  in  them  your 
privateers  and  the  prizes  they  may  make  upon 
the  Portuguese.  And  if  your  declaration  is  for- 
tunate enough  to  draw  Spain  in  openly,  (as  I 
scarce  have  a  doubt  but  it  will.)  so  great  a  diver- 
sion will  soon  oblige  the  English  to  divide  their 
foroe,  and  fiy  to  the  assistance  of  Portugal,  unless 
they  choose  also  to  lose  this  sort  of  a  colony^  at 
the  same  time  that  you  are  openly  renouncing 
their  authority,  which  is  not  probable.  And  what 
immense  advantage  would  not  this  division  of 
their  forces  give  to  a  collection  of  yours !  and 
your  force  and  success  will  be  continuaUy  in- 
creasinfl%  gentlemen,  if  Spain  declares  herself 
openly  Tor  the  assistance  of  vessels.  Troope  and 
money,  which  France  cannot  refuse  to  that  Pov* 
er,  when  she  enters  into  a  war,  according  to  the 
spirit  and  letter  of  the  family  compact,  will  rea- 
der it  necessary  for  England  to  supply  Portugal 
with  mora  considerable  support.    Then  ail  the 


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IPEBNDIZ. 


8416 


Claim  of  Caron  de  Beaumarckau. 


f^protehet  of  Bogland  eannot  prefent  Fraoce 
from  opening  her  ports  to  yoa  without  reserve, 
and  permitting  yoo  to  draw  from  thence,  by  way 
of  trade,  plentiful  supplies  of  e?ery  sorL  ''What 
do  yon  require  of  us  ?"  the  Minister  of  France 
would  say  to  the  English  Ambassador.  The 
Ktnff,  our  master,  furnishes  assistance  to  Spain, 
much  less  from  a  desire  of  making  war,  than  from 
faithfully  obserring  his  treaties.  If  he  had  any 
other  motive  than  a  regard  to  his  engagements, 
what  should  hinder  him  at  present  from  making 
use  of  so  fine  an  opportunity  to  make  war  upon 

J  ourselves  ?  And  it  he  does  not  make  it  upon 
is  rivals  and  almost  his  enemies,  ought  he  to 
Govoke  any  of  your  people  to  declare  it  against 
m?  Seewhat  has  happened  to  Portugal!  Do 
jovL  wish  that,  in  shutting  our  ports  to  the  Amer- 
icans, with  whom  we  have  no  dispute,  we  should 
suggest  to  them  our  inclination  or  attacking  our 
American  possessions,  or  of  seducing  and  detach- 
ing from  us  our  colonies,  by  a  hope  of  associating 
with  them  ?  Do  you  wish  they  should  desolate 
our  island  by  the  multitude  of  their  cruisers, 
against  which  even  the  whole  force  of  Buffland 
at  this  time  can  do  nothing  ?  To  oblige  the  Eng- 
lieh,  shaH  we  fall  into  the  absurdity  of  making 
war  against  the  Americans  on  the  one  hancL 
whilst  on  the  other,  in  assisting  Spain,  we  shall 
be  forced  perhaps  to  act  in  concert  with  the  same 
Americans  against  the  Portuguese?  This,  gen- 
tlemen, is  what  our  Minister  would  say,  and  this 
appears  to  me  unanswerable;  and  who  knows 
how  far  thia^  may  be  carried  in  Europe  from 
interecu  so  different,  so  remote,  and  at  the  same 
time  so  confounded  together  ?  Now  all  this  may 
and  probably  will  be  the  fruit  of  your  declaring 
war  against  Portugal  I  have  taken  this  second 
opportunity  to  transmit  this  advice  to  you.  It 
foemed  to  strike  your  deputy,  whose  good  sense 
imnaediately  perceives  whatever  has  force  or  pro- 
priety in  it.  I  doubt  not  but  he  will  write  to  the 
same  purpose.  It  is  therefore  my  opinion,  gen- 
tlemen, that  you  cannot  too  soon  weigh  the  im- 
IN>rtanee  of  mis  idea,  and  come  to  some  resola* 
tion  thereupon,  worthy  of  your  bravery.  Lay 
hold  of  the  encouragements  which  fortune  offers, 
and  which  mv  respectful  attachment  for  you 
poinu  out.    I  have  the  honor  to  be,  dMS. 


8taUme$U  of  a  verbal 


No.  13. 


\  made  to  the  Secret  Com^ 


rmrtmm  

nUUee  oj  Correepandenee,  by  Mr.  Thomae  Story, 
October  1,  1776,  {being  a  copy  of  a  paper  which 
ioae  before  the  Committee  ofClmme  m  1806.) 
Mr.  ThoDMs  Story  (who  had  been  sent  by  the 
Committee  of  Secret  Correspondence,  December 
13, 1775,  to  France^  Holland,  and  England)  re- 

Sorted  verbally,  as  follows:  On  my  leaving  Lon- 
on,  Arthur  Lee,  Esq.  requested  me  to  inform 
the  Committee  of  Correspondence  that  he  had 
several  conferences  with  the  French  Ambassador, 
who  had  communicated  the  same  to  the  French 
Court ;  that,  in  consequence  thereof,  the  Duke  de 
Vergennes  had  sent  a  gentleman  to  Arthur  Lee, 
^ho  informed  him  that  the  French  Court  could  | 


not  think  of  entering  into  a  war  with  England, 
but  that  they  would  assist  America,  by  sending 
from  Holland  this  Fall  £200,000  sterling  worth 
of  arms  and  ammunition  to  St.  Eustatia,  Martin* 
jque,  or  Cape  Fran9ois  j  that  application  was  to 
be  made  to  the  governors  or  commandants  of 
those  places,  by  inquiring  for  Monsieur  Hortales. 
and  that;  on  persons  properly  authorized  apply- 
ing, the  above  articles  would  be  delivered  to 
them. 

Philadelphia,  October  1, 1776.  The  above  in* 
teUigence  was  communicated  to  the  subscribers, 
being  the  only  two  members  of  the  Committee 
of  Secret  Correspondence  now  in  this  city ;  and 
on  our  considering  the  nature  and  importance  of 
it,  we  agree  in  opinion  that  it  is  our  indispensa- 
ble duly  to  keep  it  a  secret,  even  from  Congress, 
for  the  following  reasons: 

1.  Should  it  get  to  the  ears  of  our  enemies  at 
New  York,  they  would  undoubtedly  uke  mea* 
sures  to  Intercept  the  supplies,  and  thereby  de-  ' 
prive  us  not  only  of  those  succors,  but  of  others 
expected  by  the  same  route. 

2.  As  the  Court  of  France  have  taken  measures 
to  negotiate  this  loan  and  succor  in  the  most 
cauuous  and  most  secret  manner,  should  we  di- 
vulge It  immediately,  we  may  not  orily  lose  the 
present  benefit,  but  also  render  that  Court  cautious 
of  any  further  connexion  with  such  unguarded 
people,  and  prevent  their  granting  other  loans 
and  assistance  that  we  stand  in  need  of,  and 
have  directed  Mr.  Deane  to  ask  of  them ;  for  it 
appears,  from  all  our  intelligence,  they  are  not 
disposed  to  enter  into  an  immediate  war  with 
Britain,  though  disposed  to  support  us  in  our  con- 
test with  them :  we,  therefore,  think  it  our  duty 
to  cultivate  their  favorable  disposition  towardls 
us,  draw  from  them  all  the  support  we  can,  and 
in  the  end  their  private  aid  must  assist  us  to  es- 
Ublish  peace  or  inevitably  draw  them  in  as  parties 
to  the  war. 

3.  We  find,  by  fatal  experience,  the  Congress 
consists  of  too  many  members  to  keep  secretsi,  as 
none  could  be  more  strongly  enjoined  than  the 
present  embassy  to  France.  Notwithstanding 
which,  Mr.  Morris  was  this  day  asked  by  Mr. 
Reese  Meredith  whether  Doctor  Franklin  and 
others  were  really  going  Ambassadors  to  France ; 
which  plainly  proves  that  this  committee  ought 
to  keep  this  secret,  if  secrecy  is  required. 

4.  We  are  of  opinion  that  it  is  unneeeesary  to 
inform  Congress  of  this  iutelliffenoe  at  present, 
because  Mr.  Morris  belongs  to  aU  the  committees 
that  can  properly  be  em^yed  in  receiving  and 
imc>ortinff  the  expected  supplies  from  Martinique, 
and  willinfioence  the  necessary  measures  for 
that  purpose.  Indeed,  we  have  already  author- 
ized William  Bingham,  Esq.,  to  apply  at  Marti- 
nique and  St.  Eusutia  for  what  comes  there,  and 
remit  part  by  the  armed  sloop  Independency 
Captain  Young,  promising  to  send  others  for  the 
rest.  Mr.  Morris  will  apply  to  the  Marine  Com- 
mittee to  send  other  armed  vessels  after  her,  and 
also  to  Cape  Francois,  (without  communieating 
this  adFi<?e,)  in  consequence  of  private  intell? 
gence  lately  received  that  arms,  ammunition,  and 

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APP^fDUL 


2m 


CMH^  ff  CbMi  dt  BemtnutrdUiii. 


dotbittf,  evft  ncnr  be  proctred  at  those  pltee», 
Bvtyshoold  cDf  ovcfipected  misfartttiie  b^mll  the 
States  of  Afoerfea,  m  is  to  depress  the  spirits  of 
Coiwress,  it  is  o«r  opinion  that,  oq  anr  ereac  of 
that  Kind,  Mr.  Morris  (if  Doeror  Fraanlo  fl^toold 
he  abaeai)  shoald  eommontcate  this  important 
matter  to  Congress,  otherwise  keep  it  nntil  part 
of  or  the  wtaotesapplies  arrive,  nnieas  othier  erento 
happen  to  render  the  eommaaicatfon  of  it  more 
proper  than  it  appears  to  be  at  this  time. 

BENJAMIN  PRANKLIIf, 

ROBERT  MORRIS. 
Commonicated  to  me  this  11th  October,  177j6, 
and  I  coocnr  heartilf  in  (he  same. 

RICHARD  HENRY  LEE. 
Communicated  to  me  this  10th  October,  1776, 
and  I  do  also  sincerely  approve  of  the  measure. 

WIlZlAM  HOOPER. 

No.  14. 

Extract  of  a  Utter  from  Doctor  FranMn  to  the  Preo- 
idemto/Cokgrwu,dtUed 

Nantk,  Octuber  8, 1776. 
I  understand  Mr.  L^e  has  lately  been  at  Paris, 
that  Mr.  Deane  is  still  there,  and  that  an  under- 
hand supply  is  obtained  from  the  Gk)Ternment  of 
two  hundred  brass  Aeld-pieces,  thirty  thousand 
firdocks,  and  some  other  military  stores,  which 
are  now  shipping  for  America,  and  will  be  con- 
reyed  by  a  ship  of  war.  The  Court  of  England, 
Mr.  Penet  tells  me,  (from  whom  I  have  the  above 
intelligence,)  had  the  folly  to  demand  Mr.  Deane 
to  be  giten  up,  but  was  refused. 

No.  15. 
Extract  of  a  letter  from  SUae  Deane,  E$q^  dated 

Paris,  Novembtr  6, 1770. 

Two  hundred  pieoesoflMSB  cannon  and  arms, 
tents  and  accoutrements  for  thirty  thousand  men, 
with  ammunition  in  proportion,  and  I  believe 
tweaty  or  thirty  brass  mortars,  have  been  granted 
at  my  request ;  but  the  unaccountable  silence  on 
your  part  has  delayed  the  embarcation  some 
weeks  already. 

I  yesterday  got  them  again  in  motioa^nd  a 
part  are  already  at  Havre-de^Qrace  and  Nantz, 
and  the  rest  on  their  way  there,  but  am  hourly 
uembling  for  fear  of  counter-orders. 

Had  1  received  proper  powers  in  season,  this 
snpplv  Would,  before  this,  hare  been  in  America, 
and  that  under  the  convoy  of  a  strong  fleet ;  the 
disappolntmeni  is  distressing,  fte. 


No.  16. 

Extract  of  a  letter  from  Siku  DeaHCf  Eeq.f  to  the 
S^rtt  Committee  of  Congreee,  datdt 

Paeib,  JV(meifi6er  38, 1776. 
The  sereral  letters  you  will  receive  with'  this 
will  ffive  yon  some  idea  of  the  situation  I  have 
beam  In  for  some  months  past,  though,  aAer  all,  I 


must  refer  you  to  Mr.  Rogers  to  be  partieulat  oil 
some  subjMts.  1  shouM  never  hare  compleced 
what  I  hare  but  for  the  generous,  the  IndefatK 
gable,  and  spirited  exertions  of  Monsieur  BeasH 
marcnais,  to  whom  the  United  States  are  on 
every  account  greatly  indebted:  more  so  than  to 
any  other  person  on  this  side  or  tile  water.  Bft 
is  greatly  in  advance  for  stores,  elolhing,  aud  the 
like,  and  therefore  I  am  confident  you  will  mdm 
him  the  earliest  and  most  ample  remirtancet. 
He  wrote  you  by  Mr.  McCreerf,  and  will  i/nift 
you  again  by  this  conreyanee* 

I  cannot,  in  a  letter,  do  full  justice  toMoifsieuv 
Beaumarchais  for  his  great  address  and  assidtt* 
ity  in  our  cause.  I  can  only  sav  he  appears  ta 
have  undertaken  it  on  great  and  liberal  prinei* 
pies,  and  has,  in  the  pursuit,  made  it  his  own. 
His  interest  and  influence,  which  are  great,  have 
been  exerted  to  the  utmost  in  the  cause  of  the 
Dnited  States,  and  I  hope  the  consequences  wifi 
equal  his  whhes. 


No.  17. 


Extract  from  the  letter  qf  iL  dc  BeemmimhaiM  i# 
Cotiffreae* 
PAXia,  Dtcembat  1^  1776. 

QiiiTLBif BN :  With  regmf  d  to  m«,  gentlemen, 
my  sincere  attachment  to  your  causey  and  mj 
respeetftil  esteem  fbr  your  persons,  have  not  vau 
fered  me  to  hesitate  and  to  wait  until  resaeis 
loaded  by  y<m  should  arrive  in  this  country  with 
the  produce  of  your  own  in  exelMBge  tof  out 
merchandise ;  but  oa  the  fhith  of  the  powers  c^ 
TOUT  commissioner  (a  duplicate  oi  which  he  has 
left  in  the  hands  of  our  miniatrv)  I  Iwto  pre* 
cored  from  our  manufactories  all  what  I  have 
thought  might  be  useful  to  you  ki  your  preaeif 
situation ;  and  I  have  begun  to  send  supplies  to 
you  by  the  ship  that  carrin  thia  letter,  with  a 
brief  aocouot  of  what  it  contains  for  your  uasi 
as  I  expect  to  send  you  my  invoices,  in  good 
order,  attested  and  signed  by  Mr.  Deane,  by  aao* 
thet  ship  that  will  carry  you  a  fresh  supply  of 
amnunttion,  and  the  inroices  of  which  I  shall 
send  by  a  third  ship,  and  so  for  all  the  others. 

But  gentlemen,  however  warm  may  be  tho 
zeal  that  animates  me,  my  friends  will  never  be 
sufficient  to  double  and  treble  my  advances  if, 
on  your  side,  you  do  not  send  me  on  my  ships 
and  ott  your  own  remittances  in  ceontry  pro- 
duce, in  proportion  as  you  receive  my  sOpplies. 

What  t  call  my  ships,  gentlemen,  are  some 
French  Vessels  hired  for  IVeight,  according  to  a 
barffain  agreed  to  between  a  merchant  and  my- 
self^ in  presence  of  Mr.  Deane,  for  want  of  your 
own  vessels,  which  we  had  been  long  expecting, 
but  did  not  arrive.  Here,  enclosed,  you  hare  a 
copy  of  the  agreement 

Now,  gentlemen,  I  beg  you  will  send  me  my 
remittances,  either  in  excellent  Virginia  tobacco, 
or  in  indigo,  rice,  4k.  My  advances  in  this  ex- 
pedition must  be  soon  followed  by  a  second  as 
considerable.  It  amounts  to  about  one  mUKon 
toumois. 


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24tt 


Ckdnik  rf  Oarm  dt  ^mMoNikmk. 


[Bctf^nwd  to  in  the  prioedmg;] 
ArHdatof  t^fMghimmt  of  mmud  vetnek  <md  met- 

ehandxH  entered  in  and  agreed  to  hehioeen  Menre. 

De  Monthieu  and  Rodertque  Hortake  4*  Oo^  and 

Mr.  Sitae  Deane. 

We,  the  subscribers.  John  Joseph  de  Mootbien 
and  Roderiqne  Hortates  db  Oo.,  are  agreed  with 
Mr.  Silas  IHatier  ageat  of  the  Uaited  CoioDies. 
npoo  the  sobseoaent  arrangetteiits: 

That  I,  De  Monthiea,  do  eaffag e  to  AirttMh,  on. 
aeeount  of  the  Thirteen  Uaited  Goloaieis  of  North 
America,  a  certain  number  of  Vessels  to  carry 
am»  ana  merchandise  to  the  burden  of  silteen 
hundred  tonsi  or  as  many  yessels  as  are  deetted 
snfficient  to  transport  to  some  harbor  of  North 
America,  belonging  to  the  Thirteen  United  Oolo- 
niea,  all  the  ammunition  and  appurtenances  agree- 
aUy  to  the  estimate  signed  and  kft  in  mf  pos- 
session, and  which  we  esteem  would  require  the 
aboTe-mentioned  quantities  of  vessels  to  carry 
sixteen  hundred  tons  bitrden,  which  are^  to  be 
paid  fot  at  the  rate  of  two  hundred  livres  the 
ton,  and  that  I  will  hold  said  vessels  at  the  dis- 
posal of  said  Messrs.  Hortiiles  dt  Co.,  ready  to 
sail  at  the  pbrts  of  Harre,  Nantz,  and  Marseilles, 
tIz  :  The  vessels  which  are  to  carry  the  articles 
and  passeujgers  mentioned  in  the  aforementioned 
list,  and  are  to  depart  from  Havre,  as  well  te 
those  that  are  to  go  from  Nantz,  to  be  ready  in 
the  course  of  November  next,  and  the  others  in 
the  course  of  Deeember  folio wtng^  on  condition 
that  one-half  of  the  aforementioned  freight  of  two 
hundred  livres  per  ton,  both  for  the  voyage  to 
America  and  back  to  France,  laden  eqvmlly  on 
account  of  the  Congress  of  the  Thirteen  United 
Colonies  and  Messrs.  Hortales  ^  Co.  aforesaid, 
who  are  responsible  foi^  them,  shall  be  advanced 
and  paid  immediately  in  money,  bilk  ef  exchange, 
or  other  good  merchandise  er  effects,  and  the 
other  half  said  Messrs.  Hortales  ^  Co.  do  agree 
to  furnish  me  with,  in  proportion  as  the  vessels 
ave  fitting  out,  in  the  same  money  or  other  eflects 
as  above ;  over  and  above  this,  they  are  to  pay  ine 
for  the  passage  of  each  officer  not  belonaing  to  the 
ship^s  ctew  the  snm  of  five  hundred  and  fifty  livres 
teutnofs,  and  for  every  soldier  or  servant  two 
hundred  and  fifty  livres,  and  for  etery  sailor  who 
goes  as  passenger  one  hundred  and  fifty  livres. 
ft  is  expressli  covenanted  and  agreed  between 
HS  that  all  risia  of  the  sea,  either  in  said  vessels 
being  chased,  ran  6n  shore,  or  uken,  shall  be  on 
aecoant  of  the  Congress  of  the  United  Colonies, 
a»d  shall  be  paid  agreeably  to  the  estimation 
which  may  be  made  of  each  of  these  vessels, 
agreeably  to  the  bills  of  sale  of  each,  which  I 
premise  to  deliver  to  Messrs.  Hortales  4b  Co., 
'  Wore  the  departure  of  any  of  the  said  vessels 
from  any  of  the  ports  of  France  mentioned  above. 
Finally,  it  is  agreed  that  if  the  Americans  de- 
tnin  these  vessels  longer  than  two  months  in  their 
^rts,  without  shipping  on  board  them  the  returns 
they  are  to  carry  to  Prance,  aU  demurrage,  wages^ 
or  expenses  on  them  fVom  the  day  of  their  arrival 
fo  that  of  their  departure^  (these  two  months  ex* 
eepted,)  shall  be  at  their  charge,  and  paid  by  them 
or  by  Messrs.  Hortales  A  Co.  in  our  own  name, 


as  ensWeMbfe  for  the  Congrese^  of  the  United 
Colonies.  We  accept  the  above  conditions  aslkt 
as  they  respect  us,  and  promise  faithfully  to  faU 
fil  them,  and,  in  consequence,  we  bave  signed 
this  inst^nment  of  writing,  one  to  the  other,  af 
F^ris,  15tl|  Otitob^r.  1776. 

MONTHIEU. 

RODBRIdUE!  HORTALES  db  CO. 

SILAS  DBANE, 

Agent  for  the  United  Qdaniee. 

No.  18. 

Extract  qf  a  Mer  J¥om  Arthur  LeOf  Em^  to  lAs 

Secret  Committee  of  Congreee,  dated 

Piiiue,  January  3, 1777. 

The  politics  of  this  Court  are  ih  a  kind  of 
trembling  hesitation.  It  is  in  consequence  of 
this  that  the  promises  which  were  made  me  by 
the  French  agettt,  ifl  Lotido*,  and  which  I  stated 
to  yon  by  Mr.  Story  and  others,  have  not  been 
entirely  fulfilled. 

The  changing  the  mode  of  cottveving  v^hui 
they  promised  was  settled  with  Mr.  Deane, 
whom  Hortales  or  Beanmarchais  found  here,  on 
bis  return  fVom  London,  and  with  whom,  there^ 
fore,  all  th6  arrangements  were  made. 


No.  19. 


Ettratt  of  a  etatement  made  hy  WiOiam  MeCfter^ 
to  Join  Hancock,  Preiident  of  Oangree. 

Balti  MORS,  January  — ,  1777. 

On  the  18tb  of  Angust  last,  I  took  charge  of  « 
packet  directed  to  the  Secret  Committee  of  Cor- 
respondence at  Philadelphia,  from  Silas  Deane, 
Bsq.,  at  Paris,  with  directions  from  him  to  destroy 
it  in  case  of  diinger ;  and  having  been  taken  neer 
the  Capes  of  Delaware,  the  latter  end  of  Octo- 
ber last,  by  the  Lively  man-of-war,  belonging  to 
the  King  of  Bngland,  I  sunk  the  packet  and  all 
the  other  papers  that  I  had  relating  to  public 
matters.  Daring  my  stay  with  Mr.  Deane  ^t 
Paris,  #bich  was  seven  days,  he  communicated 
snndry  matters  to  me ;  I  shall  therefore  recit« 
them  here  for  yotit  satisfaction  as  they  occur  to 
ttte. 

On  his  wsy  to  Paris  he  visited  the  gretitest 
foundry  of  cannon  that  there  is  in  France,  at 
Angooktne,  which  he  described  to  me,  ana  re- 
quested thnt  I  should  visit  myself  on  my  "way  to 
Bordeaux,  which  was  prevented  by  an  accident 
which  happened  to  me  in  the  neighborhood  of 
the  place;  but,  as  I  hear  of  a  man  who  proposes 
carrying  on  the  work  here  on  a  similar  plan,  I 
shall  omit  saying  any  more  about  it.  What 
v^ere  called  manufacturing  towns  between  that 
and  Paris,  he  said,  were  unworthy  the  name; 
whidh  I  found  afterWatds  to  be  the  case. 

At  Paris  he  bad  a  most  cordial  reception  from 
Doctor  Dubourg,  to  whom  he  had  a  letter  from 
Doctor  Beujamin  Franklin.  The  old  gentleman 
has  entirely  laid  aside  his  own  business,  and  de- 
votes his  whole  time  to  the  service  of  America ; 
and  I  may  venttrre  to  essert  that  few  among  us 
have  more  autiety  for  oUr  welfare,  or  undergo 


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APPENDDL 

CiaiM  of  Omvit  ie  BmmnarekaiM. 


1424 


drudfery  1 

Dvrioff  Mr.  Deine's  first  interview  with  the 
FreDCQ  Minister,  the  latter  tsked  a  Dumber  of 
questions  about  America  \  among  the  rest,  whe- 
ther the  loss  of  the  fishery  would  not  affect  us 
most  severely  ?  and  how  could  we  possibly  do 
with  out  trade  ?  To  the  former  of  these,  he  an- 
swered that  only  a  part  of  us  used  the  fisheries, 
and  that  the  seamen  emf^oyed  therein  were  all 
taken  into  our  navy  and  army;  to  the  latter, 
that  our  vessels  that  might  fall  into  the  Jiands  of 
the  SegUsh  would  be  but  of  trifling  value,  while 
our  privateers  took  the  most  valuable  vessels  and 
cargoes.  Bverv  demand  that  Mr.  Deane  made 
on  them  was  cheerfully  granted,  so  as  it  might 
be  done  or  executed  in  a  private  manner  \  but  as 
to  espousing  our  quarrels,  or  receiving  Mr.  Deane 
publicly,  it  could  not  be  done. 

Independence,  he  said,  was  a  matter  in  the 
womb  of  time.  When  the  Americans  would 
declare  that,  and  renounce  all  connexion  with 
Qreat  Britain,  they  might  then  expect  everything 
that  France  could  do.  He  wanted  to  contract 
with  the  public,  or  rather  with  the  Crown,  for 
the  arms,  ac.^  which  he  wanted.  The  Minister, 
however,  avoided  that  mode;  but  a  creature  of 
the  Court,  a  mere  man  of  pleasure,  whose  real 
circumstances  are  perhaps  much  worse  than 
nothing,  offered  to  supply  him  with  the  arms, 
dbc,  which  he  wanted  on  credit.  He  readily 
messed  that  this  gentleman  was  employed  by  the 
Minister.  Doctor  Dubour^  insisted  that  this  was 
not  a  proper  man  to  treat  with,  and  proposed  ano- 
ther method.  A  change  being  expected  in  the 
miabtry  every  day.  embarrassed  Mr.  Deane  a  good 
deal,  as  he  wantea  to  act  so  as  to  give  umbrage 
to  none,  and  whom  he  contracted  with  1  really 
do  not  know.  He  has,  however,  purchased  arms, 
clothinff,  accoutrements,  and  everything  for  an 
army  of  twenty«five  thousand  men,  together  with 
two  hundred  brass  field-pieces,  all  of  which,  I 
believe,  are  4-pounders.  These  things  were  to 
be  shipped  under  the  direction  and  inspection  of 
General  Coudray,  who  is  to  come  out  to  America 
with  them.  He  is  an  experienced  general,  sober, 
sensible,  and  indefatigable  in  every  undertaking, 
and  has  ^reat  interest  at  that  Court.  There  were 
also  coming  a  number  of  young  nobility  of  France, 
some  of  whom  are  sons  of  the  first  people  at 
Court.  Mr.  Deane  expected  that  all  those  things 
would  be  shipped  in  September  or  October.  He 
intended  to  make  application  for  a  convoy,  and 
had  hopes  of  obuining  it,  d^c 

No.  30. 

Bxlrad  firom  the  letter  of  M.de  Beaumarchaii  to 

Congrea. 

Pabis,  February  28, 1T77. 
Oentleii £M :  I  have  the  honor  to  fit  out,  for 
the  service  of  the  Congress,  by  the  way  of  His- 
paniola,  the  ship  Amelia,  loaded  with  field  and 
ordnance  pieces,  powder,  and  leaden  pigs.  As 
the  season  is  too  far  advanced  that  the  ship  might 
go  straightway  to  your  ports,  I  have  charged  M. 
Oarabane,  my  correspondent  at  Cape  Fran9ois, 


to  reverse  the  whole  earj^  on  Bermndlaa,  or 
even  on  American  ships,  if  he  finds  any  at  hec 
arrival  in  that  port,  and  to  transmit  to  you  as 
soon  as  possible. 

This  is  the  fourth  ship  I  have  addressed  to 
you  since  December  last;  the  other  three  have 
steered  their  course  towards  ^our  eastern  ports. 

The  first  is  the  Amphitnte.  of  four  hundred 
and  eighty  tons.  Captain  Sautrei,  loaded  with  eaa* 
non.  muskets,  tents,  entrenching  tools,  tin,  powderj 
clothing,  dMs.  Left  Havre-de-Grace  on  the  14th 
of  December,  1776. 

The  second  is  the  Seine,  from  the  same  porC| 
Captain  Morin,  of  three  hundred  and  fifty  uma, 
loaded  with  muskets,  tents,  mortars,  powder,  tinj 
cannon,  musket  balls,  dbc 

The  third  is  the  Mercury,  of  three  hundred 
and  seventeen  tons,  Captain  Herand,  from  Nant^ 
loaded  with  one  hundred  thousand  pounds  of 
powder,  twelve  thousand  musket^  the  remainder 
in  clotn,  linen,  caps,  shoes,  stockings,  blankets, 
and  other  necessary  articles  for  the  eiothiiig  of 
the  troops. 

In  my  letters  of  August,  September,  and  De- 
cember last,  the  duplicates  of  which  have  been 
delivered  to  you  by  the  chief  officer  of  those  that 
went  over  to  your  service  in  the  Am|>hitrite,  I 
have  requested  you  to  order  that  my  shipe  might 
not  wait  long  for  the  remittances  I  ask  tor  in  the 
same  letters,  my  design  being  to  send  rou  unin- 
terrupted supplies,  and  such  as  may  be  of  the 
greatest  use  to  you.  I  hope,  on  your  side,  yoa 
will,  as  soon  as  possible,  load  again  and  i 
back  my  vessels. 


No.  21. 

Letter  from  Arthur  Lee,  E$q^  to  the  Seerei  CommU- 
tee  of  Congreee. 

Paris,  Augutt  16^  1777. 

I  perceive,  by  your  last  letters,  that  you  made 
a  consignment  to  Hortales  and  Co.,  which,  ia 
fact,  is  to  M.  de  Beaumarchais.  I  think  it, 
therefore,  my  duty  to  relate  to  you  aU  the  facta 
relative  to  that  gentleman,  upon  which  yoa  will 
judge  how  far  it  is  fit  to  continue  those  consign- 
ments. About  May  twelve  months,  M.  de  Beaor 
niarchais  was  introduced  to  me  in  London,  as  an 
agent  from  the  French  Court,  who  wished  to 
communicate  aomething  to  Congress.  At  oar 
first  interview  he  informed  me  that  the  Court  of 
France  wished  to  send  an  aid  to  America  to  the 
amount  of  200,000  louis  d'or  in  specie,  arms,  and 
ammunition,  and  that  all  they  wanted  to  know 
was,  to  what  island  it  was  best  to  make  the  re- 
mittance, and  that  Congress  ehouid  be  apprized 
of  it. 

We  settled  the  Cape  as  the  place,  and  he  urged 
me  by  no  means  to  omit  giving  the  earliest  intel- 
ligence that  it  would  «be  remitted  in  the  name  of 
Hortales.  At  our  next  meeting  he  desired  me 
to  request  that  a  small  quantity  of  tobacco,  ot 
some  other  production,  might  be  returned,  to  ^ve 
it  the  air  of  a  mercantile  transaction,  repeatiag, 
over  and  over  again,  that  it  was  for  a  coFer  6aly, 


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and  not  for  pajrmeDt,  as  the  remittance  was  gra* 
tohoos.  Or  ail  this  I  informed  the  committee  by 
erery  opportiraity. 

At  the  same  time  I  stated  to  M.  Beaomarchais 
that,  if  his  Coart  wonld  despatch  eisht  or  ten  ships 
of  the  line  to  our  aid,  it  would  enable  us  to  destroy 
the  British  fleet,  and  settle  the  business  at  one 
stroke. 

I  repeated  this  to  him  in  a  letter  after  his  re- 
turn to  Paris;  to  which  the  answer  was,  that 
there  was  not  spirit  enough  in  his  Court  for  such 
an  exertion,  but  that  he  was  hastening  the  prom- 
ised succors.  Ujran  Mr.  Deane's  arrival  the  busi- 
ness went  Into  his  hands,  and  the  things  were  at 
length  embarked  in  the  Amphitrite,  Mercury,  and 
Beine. 

M.  de  Vergennes,  the  minister,  and  his  secre- 
tary, hare  repeatedly  assured  us  that  no  return 
was  expected  for  those  cargoes^r  for  what  M.  de 
Beanmarchals  furnished  us.  This  gentleman  is 
not  a  merchant  but  is  known  as  a  political  agent, 
employed  by  the  French  Court.  Remittances, 
therefore,  to  him,  sofkr  from  recovering  the  busi- 
ness, would  create  suspicions,  or  rather  satisfy 
the  British  Court  that  these  suspicions  are  just. 
At  the  same  time  his  circmstances  and  situation 
fbrbid  one  to  hope  that  your  property,  being  once 
in  his  hands,  could  ever  be  recovered :  and,  as  an 
attempt  to  force  him  to  account  would  hazard  a 
discovery  of  the  whole  transaction,  this  Govern- 
ment would,  of  course,  discountenance  or  forbid 
it.  These  are  the  facu  which  I  have  thought  it 
my  duty  to  state  to  you.  Your  better  judgment 
will  direct  you  whether  to  continue  the  remit- 
tances or  not.    I  have,  dMS.  A.  L* 

No.  22. 
Bxtraet  of  a  letter  from  Dr.  FrankSn  and  SUas 
Deane,  Cammieeumere  of  ike  United  Statee  at  Pa- 
rte, to  the  Secra  Comnutteeof  Congreee,  dated 

Pakib,  Sept.  8, 1777. 
ItjflMve  Qt  great  joy  to  hear  of  the  arrival  of 
the  Mercury,  Amphitrite,  and  other  vessels  car- 
rying supplies.  Another  ship,  with  a  similar 
eargo,  which  had  long  been  detained  at  Mar^ 
tctiles,  we  hope  will  soon  arrive  with  you.  We 
hope  also  that  you  will  reeeive  between  twenty 
and  thirty  thousand  suiu  of  clothes  before  win- 
ter, and,  irom  time  to  time,  quantities  of  new  and 
good  arma  we  are  purchasing  in  diffbent  parts  of 
Barope.  But  we  must  desire  you  to  remember 
that  we  are  hitherto  disappointed  in  your  prom* 
iees  of  remittance,  either  by  the  difieulties  you 
And  in  shipping,  or  b]r  captures;  and  that,  thouffh 
far  short  of  completing  your  orders,  we  are  In 
danger  of  being  greatly  embarrassed  by  debts, 
and  failing  in  performance  of  our  contracts,  and 
losing  our  credit  with  that  of  the  Congress. 

No.  28. 

Extract  of  a  letter  from  9Uae  Deane,  Eeq,^  to  ihe 

Secret  Committee  of  Congreee,  dated 

Paris,  Sepl^  20, 1777. 
This  will  be  handed  you  by  Mr.  Francis,  who 
is  agent  for  Hortales  &  Co. ;  you  will  see  by  the 


bills  of  lading  the  quantities  of  stores  shipped  by 
that  house,  and  make  some  judgment  or  their 
considerable  amount.  The  vessel  in  which  Mr. 
Francis  comes,  is  loaded  with  stores  which  were 
long  since  engaged.  I  still  hop^  they  will  coine 
in  safety,  and  in  season  to  be  ot  service. 

Messrs.  Roderique  Hortales  db  Co.  have  other 
vessels  which  will  follow  this  in  a  short  time, 
which  thev  want  to  have  despatched  with  tobac- 
co, agreeably  to  what  they  rormerlv  wrote  you, 
and  Mr.  Francis  comes  partly  on  that  account; 
I  mustj  therefore,  pray  you  to  furnish  means  of 
procuring  the  quantity  he  will  want  for  them  in 
season. 

As  the  vessels  of  Messrs.  Hortales  db  Co.  will 
arrive  at  a  time  when  despatch  will  be  of  the  ut- 
most importance,  they  are  desirous  to  have  their 
cargoes  ready  on  their  arrival. 

No.2i. 
Mr.  Artkar  Lee  to  the  Secret  CommiOee  ^  Congrme. 
Pabis,  Odeher  %  1777. 
Gentlbmbii:  From  Berlin,  on  the  11th  of 
June,  and  from  this  place,  the  29th  of  July,  I  had 
the  honor  of  informing  you  at  large  of  my  pro- 
ceedings in  Prussia.  Not  having  received  an 
answer  from  that  Court  relative  to  the  reception 
of  our  privateers  and  their  prizes  rn  Prussian 

forts,  I  nave  written  lately  to  press  for  one,  which 
hope  will  be  favorable,  as  I  left  so  friendly  a 
disposition  there  that  I  was  desired  to  communi- 
cate His  Majesty's  warmest  wishes  for  our  suc- 
cess. I  mentioned,  too,  the  improbability  of  our 
enemy^s  receiving  assistance  from  Russia  for  the 
next  campaign,  and  how  much  their  resources 
were  exhausted  in  Germany. 

By  Captain  Young  I  received  the  commands 
of  Congress  in  their  commission  to  me  for  the 
Court  of  Spain.  As  Dr.  Franklin  had  announced 
his  appointment,  with  an  assurance  of  his  readi- 
ness to  repair  to  Madrid  as  soon  as  that  Court 
thought  proper  to  receive  him,  it  seemed  unne- 
cessary immediately  to  apprize  them  of  the  new 
appointment.  During  my  absence  in  Germany, 
a  letter  was  received  from  Monsieur  GhirdoquI, 
at  Bilboa,  intimating  an  expecution  of  returns 
from  you  for  what  was  transmitted  to  you  through 
their  house.  But,  upon  application  to  his  Court, 
I  am  again  authorized  to  assure  yon  that  for  the 
supplies  alreadv  sent  no  return  was  expected; 
but,  in  future,  that  remittances  of  American  pro* 
duce  were  expected  for  supplies  through  the  house 
of  Gardoqui.  It  is  impracticable  to  bring  them  to 
such  an  explanation  as  to  know  with  ceruinty 
whether  they  mean  this  in  earnest,  or  only  as  a 
cover.  Should  the  transaction  transpire.  I  am 
inclined  to  think  the  latter.  However,  I  wrote 
to  Mr.  Gardoqui,  in  consequence^  as  follows: 
"We  are  now  to  begin  on  a  new  footing;  and  I 
shall  take  care  that  my  constituents  be  informed 
that,  for  all  the  aids  they  receive  hereafter  from 
your  quarter,  they  are  to  make  returns  in  tobacco, 
pitch,  tar,  d^;.,  to  your  house.  I  beg  to  know  by 
your  next  whether  the  same  arrangement  is  to 
take  place  for  the  future  with  regard  to  the  de* 

Digitized  by  VjOOQIC 


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Mifmmm. 


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QMi^  ^  €Q99n  4e  JB0tmtiiii!f>thaM^ 


foutes  fti  the  Hayaoa  and  NfF  Orltans,  or 
whether  luothlDg  further  is  to  be  traoamitted 
through  those  clutnDels,  that,  if  so,  the  trouble  of 
aendiog  (hither,  and  the  disi^oiatinent,  may  he 
preYeated.  As  the  winter's  campaiffoi  is  ap- 
proacfaiDg  fast,  in  which  blaokets  are  of  the  great* 
«8t  utility,  I  wish  you  to  s^ad  as  m^f  y  of  them 
as  possible.'' 

Upon  this  subject  of  returns,  I  think  it  my  duty 
to  state  to  vou  some  facts  relative  to  the  demands 
of  this  kind  from  Hortale^  The  gcnthwian  who 
uses  this  name  came  to  me,  about  a  year  and  a 
kalf  ago,  in  Loadoa,  as  an  agent  from  this  Court, 
and  wishing  to  communicate  something  to  Con- 
jgress.  Ai  our  first  interview  he  informed  me 
that  the  Court  of  France  wished  to  send  an  aid  to 
4^metica  of  900,000  iouiad'or  in  specie,  auns,  and 
ammunition;  and  all  that  they  wanted  was  to 
know  through  which  island  it  was  best  to  make 
the  remittance,  and  that  Congress  should  be  ap- 
prized of  it.  We  settled  the  Cape  as  the  place; 
and  h*  nt§edmm by  no  maaas  Ao.oBut f^«iag4)llM 
et^tas^  mtfJMgooge  of  it,  with  information  that 
it  would  be  remitted  in  the  Jia«|e  of  iJorMUes.  At 
jonr  ne:^  meeting  he  desirea  me  to  request  that  a 
small  ^quantity  of  .tobacco,  or  ^ome  other  prodnc- 
jtioii,  might  be  sent  to  tbe  cape,  to  i^ire  it  the  air 
of  a  mercantile  transaction,  ?^peating.  over  and 
over  again,  that  it  was  for  a  cover  only,  and  not 
for  payment,  as  the  remittance  was  gmtuitoiis. 
Of  all  this  I  informed  Dr.  Franklin^  chairman  of 
.the  committee,  by  sundry  opportunities.  At  the 
same  time  I  stated  to  Monsieur  Hortales  that,  if 
Jus  Court  would  despatch  eight  or  ten  ships  of  the 
Une  to  our  aid,  it  would  enable  us  to  desuoy  all 
the  British  fleet,  and  decide  the  question  at  one 
stroke.  I  repeated  this  in  aleuer  to  him  after  his 
jreturn  to  Paris;  to  which  the  answer  was,  that 
there  was  not  spirit  enough  in  his  Court  for  such 
an  eiertion,  but  that  heiqas  hastening  the  prom- 
ised succors.  Upon  Mr.  Dean^'s  arrival  the  bosi- 
Sess  went  into  his  hands;  and  the  aids  were  at 
^njgth  embarked  in  the  Amphitrite,  Mercury,  and 
Seine.  The  Minister  has  r^f»eatedly  assured  us, 
and  that  in  the  most  explicit  terms,  that  no  re- 
turn is  expected  for  these  subsidies. 
I  have  the  honor  to  be  dbc. 

ARTHUR  USE. 
Tp  (he  ^fioaaT  Coii'f  or.CgiiaREas. 

No.  95. 
Passt,  near  Paris,  Oct.  7, 1777. 

0£MTt«iiMi:if :  We  received  duly  your  deif^tch' 
ju  by  Mr,  McCreery  and  Capuin  Young,  dated 
May  2d  and  30th,  June  I3th,  ISih,  and  26th,  and 
July  2d;  the  intelligence  they  contain  is  very 
|»articular  and  satisfactory.  It  rejoices  us  to  be 
informued  that  unanimity  continues  to  reign  among 
tbe  Stat^and  that  you  have  so  good  an  opinion 
of  your  amiirs,  in  wnich  we  ioin  with  you.  We 
understand  that  you  have  also  written  to  us.  of 
later  dates,  by  Cfapiain  Holm*  He  is  arrived  at 
poctL'Orient,  but,  being  chased  and  nearly  taken, 
he  sunk  his  despatches. 

We  are  also  of  your  sentiments  with  regard  to 


the  interests  of  France  and  Spain  reftp^ting  our 
independence,  which  interesu  we  are  persuaded 
they  see  as  well  as  we,  though  particular  present 
circumstances  induce  them  to  postpone  the  noeas- 
ures  that  are  proper  to  secure  tnose  iaterestt. 
They  continue  to  hold  the  same  conduct  described 
in  our  last,  which  went  bv  Wickes  and  Johaaoa^ 
a  copy  whereof  we  send  herewith,  as  Johnson  is 
unfortnnatelv  taken. 

We  have  lately  i^re^ented  au  earnest  memorial 
to  both  Courts,  sutmg  the  difficulties  of  our  aito- 
ation,  and  reqi^estiog  that,  if  they  cannot  imme^ 
diately  make  a  diversion  in  our  iitvor,  they  would 

91  ve  a  subsidy  sufficient  to  jenable  us  to  continue 
lie  war  without  them,  or  afford  the  States  their 
advice  and  influence  in  making  a  good  peace. 

Our  present  demand,  to  enable  us  to/ulfil  your 
orders,  is  for  about  eigat  miliiotis  of  livres.  Con,* 
risers,  we  understand,  are  despatched  with  Uiiji 
memorial  to  Madrid,  both  by  tl^  ambaasador  i 
Spain  and  the  minisur  here;  and  we^tre  d^ired 
to  await  with  patiei^e  toe  finswer/jaa  toe  two 
Courts  must  act  together.  In  the  i^omtim^  chef 
give  us  fresh  assurances  of  their  gbod-wilL  to  oa^r 
cause,  and  we  have  just  receUd  a  fourtk  aim 
of  five  hundred  thousand  livres.  Qnt  we,are  e9p- 
tinually  charged  to  keep  toe  aids  that  are  ojt  may 
be  afibrded  as  a  dead  secret,  even  frpm  the  Coor 
gress,  where  they  suppose  Bogland  has  some  ior 
telligence ;  and  they  wish  she  mar  have  no  cer- 
tain proofs  to  produce  ajniinst  them  with  the 
other  Powers  or  Europe.  The  apparent  neeessity 
of  your  being  informed  of  the  tnie  state  of  your 
aflairs,  obliges  us  to  dispense  with  ttu%  injunc-  * 
tion;  but  we  entreat  that  the  areatest  care  may 
be  taken  that  no  part  of  it  sbalT transpire,  nor  of 
the  assurances  we  have  received  that  no  repay- 
ment will  ever  be  required  from  us  of  what  has 
been  already  given  us,  ettber  in  money  or  mifi- 
tary  stores.  The  great  detife  here  seeme  to  he, 
that  fiagland  should  strike  first,  and  nat^  able 
to  Aire  £er  allies  a  good  reason. 

The  total  failure  of  remittanees  from  jroa  Uti  a 
long  time  past  has  ambarrasiad  ^  jexaeadingigr* 
The  contracts  we  entered  into  for  clothing  aM 
arms,  in  expeotation  of  those  nemUMkucea,  uA 
which  an  Aow  beginning  w  tall  for  paymaAt, 
distress  us  m6€h;  and  we  are  in  immioant  dan- 
ger of  bankruptcy,  for  aU  your  agaou  are  in  tte 
same  aituation,  jmd  they  all  Ttcur  to  4is  to  saw 
their  and  your  credit.  We  |wc«e  t^bligtdto  die- 
charge  a  dabt  of  Myrtle's  at  Bordeaux, MiQUtt- 
img  to  about  five  thousand  livres,  to  get  that  vaa- 
aalaway ;  And  lie  now  duns  us  by  «V0rf  post  fior 
between  foar  aad  fivie  thousand  poondb  atarliBg, 
to  diseagage  him  in  Holland,  wbere  he  haa  pur- 
chased anas  for  you.  Witn  the  aame  view  of* 
saving  your  credit,  Mr.  Eoss  was  ftiraished  with 
twenty  thousand  pounds  sterling  to  diaeutangk 
him.  All  the  captains  of  your  armed  vessels  come 
to  us  for  their  supplies,  and  we  have  not  received 
a  farthing  of  the  produce  of  their  prizes,  as  they 
are  ordered  into  other  hands.  Mr.  Uodge  has  had 
large  sunis  of  us.  But  to  give  you  some  idea  for 
the  present,  till  a  more  perfect  accQupt  eaa  be 
rendered  of  the  demands  upon  us  tbat  yre  kave 


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V^"^W^^   Tgf     *<*PW^/»»    ""    ♦#P»^»»MM'':^<'»*W^> 


paid,  we  enclote  «  sketch  for  ironr  oerasal,  aid 
liiall  oaly  obseri e,  that  we  have  reiiised  no  ap- 
plicatioo  ia  which  your  credit  appeared  to  be 
fBODcerned,  except  ooe  from  the  creditors  of  a  Mr. 
Ceronio,  said  to  be  your  agent  in  Hispaniola,  but 
of  whom  we  had  no  knowledge;  and  we  had 
xeason  to  hope  that  you  would  hare  been  equally 
leady  to  support  our  credit  as  we  hare  been  of 
youra,  and  irom  the  same  motives— the  good  of 
the  public,  for  whom  we  are  all  acting;  the  success 
of  onr  business  depending  considerablY  upon  it. 

We  are  sorry,  tnerefore,  to  find  all  the  world 
acquainted  here  that  the  commissioners  fr^un 
Coni^ress  have  not  so  much  of  your  regard  as  to 
4kbtaia  the  change  of  a  single  agent  who  disgraces 
us  all.  We  say  no  more  of  this  at  present,  con- 
tentii^g  ourselves  with  the  consciousness  that  we 
recommend  that  change  from  the  purest  motives. 
And  that  the  necessity  of  it,  and  our  uprightness 
>  in  proposing  it.  will  soon  fully  appear. 

Messrs.  Garaoqui,  at  Bilboa,  have  sent  several 
cargoes  of  naval  stores^  cordage,  sail-cloth,  an- 
chors, ^.  for  the  public  use,  consigned  to  Bl- 
bridge  Qerry,  Bsqnire.  They  complam  that  they 
•J^ve  Qo  aeuiowkdgfiieat  from  that  gentleman  ef 
tne  jgoods  beiag  received,  thaiigh  wy  ^om  the 
vessels  arxiveoT  We  have  excused  it  to  them,  on 
the  supposition  of  his  being  absent  at  Congress. 
We  wish  such  aekoowledgment  may  be  made, 
accompanied  with  some  expressions  of  gratitude 
towards  those  from  whom  the  supplies  came, 
Without  mentioning  who  they  are  supposed  to  be. 
Tou  mention  the  arrival  of  the  Ampnitrite  and 
Mercury,  but  say  nothing  of  the  cargoes. 

Mr.  Hodge  is  discharged  from  his  imprison- 
ment, on  onr  solicitation,  and  his  papers  restored 
to  him ;  he  was  well  treated  while  in  the  Bastile. 
The  charge  against  hm  was  deceiving  the  Gov- 
ernment in  fitting  out  Cunningham  from  Dunkirk, 
who  was  represented  as  going  on  some  trading 
Toyage,  bgt  as  soon  as  he  was  out  bc^an  a  cruise 
on  tne  British  coast,  and  took  six  saiL  He  is  got 
safe  into  Ferrel. 

We  have  reeeived  and  delivered  the  commis- 
mun  to  Mr.  WiiUam  Lee  aad  Mr.  Jzard.  No 
letters  came  with  them  for  those  gentlemen  with 
information  how  they  are  to  be  supported  on  their 
stations.  We  suppose  they  write  to  you,  and  will 
acquaint  you  with  their  intentions. 

Jktme  fiopDiitiAasjite  pi;isately  eMununlealtd 
to  us,  said  to  be  on  the  pavt  of  Prussia,  for  form- 
iqf^a  ponmeieial  company  at  Bmbden.  We  shall 
,pttt  them  into  the  hands  of  Mr.  Lee. 

We  do  not  see  a  probability  of  our  obtaining  a 
loan  of  two  millions  sterlioff  from  any  of  die 
iboney^bolders  in  Europe,  till  our  affairs  are.  in 
their  opinion,  more  firmly  established.  What 
*  may  be  obuined  from  the  two  Crowns,  either  as  a 
loan  or  a  subsidy,  we  shall  probably  know  on  the 
return  of  the  couriers,  and  we  hope  we  shall  be 
able  to  write  more  satisfactorily  on  those  heads 
by  Captain  Young,  who  will  by  that  time  b^ ready 
to  return.    With  respect,  ^. 

BENJAMIN  FRANKLIN, 
SILAS  DEANE, 
ARTHINEI  LEE. 


Extract  ^a  Utter  firom  Arthur  f^etqthc  Committu 
ofForei^  Correspondence. 
A  letter  was  received  from  Monsieur  Gardoqui, 
at  Bilbba.  intimating  an  expectation  of  returns 
from  you  for  what  was  transmitted  to  you  through 
their  House ;  but,  upon  application  to  his  Court, 
I  am  again  authorized  to  assure  you  that,  for  the 
supplies  already  sent,  no  return  was  expected. 

N0.S6. 
Extract  from  ike  came  to  the  oamct  dated 

Paris,  Decern^  18, 1777. 

We  have  accepted  five  bilb  drawn  on  us  by 
the  Presidtnt,  in  famr  of  some  reuifoed  offietae, 
and  sball  pay  them  ponetaally.  But  as  woe  re- 
ceive no  lemittaaees  for  our  auppgrt>  and  the 
emtgo*  of  the  Ampkiirke  is  elaimttd  from  ne  by 
lir.  Bcaamarehais,  aad  we  are  not  ^eetaiaihat 
wm  eanltieef>it,weJhop0C«iigr»eswillbeapaiiag 
in  their  dMta,  esaapt  for  the  interest  mentioMd 
in  oor  foiiner  letten,  of  which  we  mw  M^ftmx 
the  atsBfanoeinf  payment;  oihaivwiee  me  aaar 
he  maeh  emhantaaaed,  and  oor  atmatimi  f eoiesed 
very  uncomfiMrtaUew 

No.  27. 

C^p^  tf  a  ktter  cf  tifi  Jmmi^m  O^mfMmtmm  to 

mmn.  Mcrmt,  Firereo^ «/  Fort  V0ri9$U 

PAsaar,  Detmber  iM,  1777. 
Qentlsmbn:  M.  de  Beaomarehais  having  stt- 
iefted  tis  4hat  he  had  a  prior  ^kim  upon  the  ear- 

go  of  the  Ami^ftrite,  according  to  an  agreement 
etween  him  and  Mr.  Deane,  we  desire  you  to 
deliver  the  cargo,  or  the  produce,  into  his  hands, 
or  into  those  of  liis  agent,  at  his  disposition,  with- 
out any  deduction  for  the  advances  you  may  have 
made  on  account  of  «fae  freights.    We  are.  dkc. 
B.  FRANKLIN, 
SILAS  DBANB, 
ARTHUE  LBS. 


No.  28. 
Letter  0/ Louii  XVL  ta  Chorlet  IILf  ISng  of  Spmin, 

(faken  from  Opiera!  History  qf  Frmd  Viplo- 

nute^tj  dtucM 

January  8, 1778. 

Sib,  mt  Biovbm  aho  Unoi^  :  The  akieere 
desire  whiefa  I  feel  of  oMintaimng  the  true  hair- 
mony  and  unity  of  oor  system  of  iulianee,'whiah 
must  always  have  an  imposing  eharaeter  for  avr 
enemies,  inducee  me  to  state  to  yonr  Majesty  mj 
way  of  fbinking  on  the  pfesent  condition  af  af- 


way  Of  tninamg  < 

fhirs.  'BfltflandjOW  common  and  inveterate  en- 
emy, has  been  engi^^ed  for  three  years  in  a  war 
with  her  American  colonies.  We  had  agreed 
not  to  meddle  with  it ;  and,  viewing  both  sides 
as  English,  we  OMde  oar  uade  free  to  the  one 
that  Ibund  mdst  advantage  in  a  commercial  in* 
tercourse.  In  this  manner,  America  provided 
herself  with  arms  and  ammunition,  of  which  ^he 

*  Of  rioe  and  indigo  from  the  United  States. 


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APPENDIX. 


sm 


CUnm  of  Osim  de  Beaumarekau. 


was  destitute.  I  do  not  speak  of  the  succors  of 
moneT  and  other  kinds  which  we  hare  ffifen  her, 
the  wnole  ostensibly  on  the  score  of  trade.  Eng* 
land  has  taken  umbrage  at  these  snceors ;  and 
has  not  concealed  from  as  that  she  would  be  re- 
renged,  sooner  or  later.  She  has  already,  indeed, 
seized  sererai  of  our  merchant  yessel8,and  refoted 
restttution.  We  ha?e  lost  no  time  on  our  part. 
We  have  fortified  oor  most  exposed  colonies,  and 

E laced  oar  fleeu  opon  a  respectable  footing,  which 
as  contriboted  to  a^p»Fate  the  ill-hamor  of 
B^land. 

'dach  was  the  posture  of  affairs  in  Nofember 
last.  The  destroction  of  the  army  of  Bnrgoy  ne, 
and  the  straitened  condition  of  Uowe,  have  to- 
aiUly  changed  the  face  of  Ihin^s.  America  is 
triumphant,  and  England  cast  down.  But  the 
latter  has  still  a  great  unbroken  maritime  force, 
«id  the  hope  of  forming  a  beneficial  alliance  with 
Imt  colonies ;  the  impoastbtUty  ef  their  being  snb- 
d«ed  bv  arms  bdag  now  demonstrated.  All  the 
English  parties  agree  on  this  point.  Lord  North 
IMS  himself  announced,  in  foil  Parliament,  a  plan 
of  pactfieattoa  for  the  first  session ;  and  all  sides 
are  assiduously  employed  upon  ic  Thift,  it  is 
the  same  to  us  whetner  this  minister  or  any  other 
be  in  power.  From  diffirent  motires,  theyjoin 
ajKainst  us,  and  do  not  forget  our  bad  omees. 
They  will  fall  upon  us  in  as  great  strength  ae  if 
the  war  had  not  existed.  This  being  understood, 
and  our  grierances  acainst  England  notorious,  I 
hare  thought,  af^er  uking  the  adTiceof  my  coun- 
sel, and  particularly  that  of  M.  d'Ossun,  and  ha?- 
ing  consulted  upon  the  propositions  which  the 
insorgenu  make,  that  it  was  just  and  necessary 
to  begin  to  treat  with  them,  to  prerent  their  re- 
union to  the  mother  country*  I. lay  before  your 
Majesty  my  views  of  the  subject.  I  have  ordered 
a  memoir  to  be  submitted  to  vou,  in  which  they 
are  presented  more  in  detail.  I  desire  eagerly 
that  they  should  meet  your  approbation.  Know- 
ing the  wdf  ht  of  your  probity,  your  Majesty  will 
not  doubt  the  lively  and  sincere  friendship  with 
which  lam, dbc. 

No.  2a 
Copy  of  Count  Lauragai$'9  tuUmonioL 

PAnia,  February  8, 1778. 
I  was  present  in  Mr.  Arthur  Lee's  chambers  in 
the  Temple,  London,  some  time  in  the  Spring  of 
the  year  1776,  when  Mr.  Caron  de  Beaumarchais 
made  offers  to  Mr.  Lee  to  send  supplies  of  money 
and  stores,  through  the  Elands,  to  the  Americans, 
to  the  amount  of  two  hundred  thousand  louis  d'or ; 
and  he  said  he  was  authorized  to  (pwrfaire) 
those  proposals  by  the  French  Court. 

B.C.D.LAURAGAIS. 

Arikur  Lee  to  the  Secret  CommitUe  of  Congre$9^daUd 
Paris,  February  15, 1778. 
1  have  before  written  to  you  the  reason  I  had 
to  conceive  that  M.  de  Beaumarchais's  demands 
of  payment  for  the  supplies  furnished  in  the  Am- 
pnitrite.  Mercury,  and  Flomand,are  unjust.  The 


above  testimonial  from  Count  Lauragats  wBl 
corroborate  what  I  informed  yon  relative  to  his 
having  himself  proposed  the  supplies  to  me  as  a 
subsidy  from  the  Court.  Mr.  Wilkes  knows  it 
more  accurately,  but  his  situation  prevents  him 
from  s[tving  it  under  his  hand.  The  ministry,  as 
yon  will  see  by  your  joint  letter,  have  often  given 
us  to  understand  that  we  were  not  to  pay  for  them; 
yet  still  Mr.  Beaumarchais,  with  the  perseverance 
of  such  adventurers,  persists  in  his  demand.  He 
alleges  some  promise  or  agreement  made  with 
Mr.  Deane.  I  should  suppose  Mr.  Deaoe  would 
have  apprized  you  of  it  ii  any  such  exists ;  but 
certainly  Dr.  Franklin  and  myself  are  kept  so 
much  in  the  dark  about  the  existence  of  such 
agreement  as  to  expose  us  to  much  unnecessary 
plague  from  this  Mr.  Beaumarchais,  who  I  can- 
not think  has  any  right  to  make  the  demand  in 
question.  A  copy  ol  the  above  declaration  has 
been  given  to  Count  Maurepas ;  but  I  have  not 
heard  his  sentimenu  upon  it. 

No.  30. 

Extract  qf  a  letter  from  Msure,  IVonJUtn,  Lee,  antf 
Deanct  to  the  Secret  Committee  qf  Congreee. 
Paeis,  Fd>ruary  16, 1778. 
We  have,  to  avoid  disputes  at  a  particular  timft, 
delivered  up  the  cargo  *  *  *  brought  by  the  Am* 

Ehitrite  to  Mr.  Beaumarchais.  We  hear  that  ha 
as  sent  over  a  person  to  demand  a  great  sum  of 
you  on  account  of  arms,  ammunition,  ^c  Wa 
think  it  will  be  best  for  you  to  leave  that  demand 
to  be  settled  by  us  here^  as  there  is  a  mixiure  ia  it 
of  public  and  private  concern,  which  you  cannot 
so  well  develop. 

No.  31. 
Extract  of  a  letter  from  Mesirt.  FrankUnf  Lee,  omd 
Adame,  to  the  Secret  Committee  of  Congrmt. 
PAa8T,/«^i^,  177& 
We  have  not  yet  seen  Mr.  Beaumarchais^  hot 
the  important  concern  with  him  shall  be  attendad 
to  as  soon  as  may  be. 

No.  32. 
Jfisfifs.  FroMin^  Lot,  esni  Adrnmo^to  ike  Cmmtdt 
verg  duiss. 
Paeib,  ae^enhtr  10, 1778. 

Sin :  By  some  of  the  last  ships  from  Amer iau 
we  received  from  Congress  pertain  powers  ana 
instructions,  which  we  think  it  necessary  to  lay 
before  your  excellency,  which  we  have  the  honor 
to  do  in  this  letter. 

On  the  13th  of  April  last.  Congress  resolved 
^  that  the  commissioners  of  the  United  States  ia 
France  be  authorized  to  determine  and  settle 
with  the  house  of  Roderique  Hortales  &  Co.  the 
compensation,  if  any,  which,  by  them,  for  the  nsa 
of  the  United  States,  previous  to  the  14th  day  of 
April,  1778,  over  and  above  the  commission  al* 
lowed  them  in  the^xth  article  of  the  ]»;opooe4 
contract  between  William  SUery,  Jamea  Focbea 


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APPWXDTX. 


UU 


Chim  &f  Ctovn  de  Beaumar€hm», 


W.  H.  DrarUMi,  and  Willhim  Daer,  Bsqt.,  Com- 
mittee of  Coilffress,  aod  John  Baptiste  Ltzaras 
Thereoeao  de  rraneis,"  4k. 

In  the  letter  of  the  Committee  of  Commerce  to 
08,  in  which  the  foregoing  resolmion  was  en- 
doeed,  the  committee  express  themselres  thas: 
^  This  will  be  accompanied  by  a  contract  entered 
into  between  John  Baptiste  jLazams  de  Theve- 
neau  de  Francis,  agent  of  Peter  Aagustin  Caron 
da  Beaumarehais.  representative  of  the  house  of 
Roderiqae  Hortales  ^  Co^  and  the  Commit- 
tee of  Commerce.  Ton  will  obserre  that  their 
accounts  are  to  be  fairly  settled,  and  what  is 
justly  due  paid  for  us:  as,  on  the  one  band, 
Congress  would  be  unwilling  to  efidence  a  disre- 
gard for,  and  contemptuous  refusal  of,  the  sponta- 
Deoos  friendship  of  His  Most  Christian  Majesty, 
so,  on  the  other,  they  are  unwilling  to  put  into 
the  private  pockets  of  individuals  what  was  gra- 
aicmsly  designed  for  the  public  benefit.  You  will 
be  pleased  to  have  their  accounts  liquidated,  and 
direct,  in  the  liquidation  thereof,  that  particular 
care  he  taken  to  distinguish  the  property  of  the 
Crown  of  Prance  from  the  private  property  of 
Hortales  A  Co.,  and  transmit  to  us  the  accounts 
9&  Stated  and  distia^ished.  This  will  also  be 
acemnpanied  by  an  mvoice  of  articles  to  be  im- 

Kirted  from  France,  and  resolves  of  Congress  re- 
tive  thereto.  Tou  will  appoint,  if  ^ou  should 
jadge  proper,  an  agent  or  agents  to  inspect  the 
quality  of  such  floods  as  you  nuiy  apply  for  to  the 
house  of  Roderique  Hortales  d^  Co.,  before  they 
are  shipped,  to  prevent  any  impositions." 

On  the  16th  of  Mkj  last  Conj^ress  resolved 
'^  that  the  invoice  of  articles  to  be  imported  from 
France,  together  with  the  list  of  medicines  ap- 
proved by  Congress,  be  signed  by  the  Committee 
of  Commerce  and  transmitted  to  the  commis- 
sioners of  the  United  States  at  Paris,  who  are 
authorized  and  directed  to  apply  to  the  house  of 
Roderique  Hortales  A  Co.  tor  such  of  the  said 
articles  as  they  shall  have  previously  purchased 
01  contracted  for ;  that  copies  of  the  mvoice  be 
delivered  to  Mr.  Francis,  agent  for  Roderique 
Hortales  A  Co.,  together  with  a  copy  of  the  fore- 
going resolution ;  and  that  the  articles  to  be  sup- 
plied by  the  house  of  Roderique  Horules  ^  Co. 
be  not  insured,  but  that  notice  be  given  to  the 
commissioners  in  France  that  they  may  endeavor 
to  obtain  a  convoy  for  the  protection  thereof.'' 

We  have  the  honor  to  enclose  to  your  Bzcel- 
leney  a  copy  of  the  contract  made  between  the 
committee  and  Mr.  Francis,  a  copy  of  Mr.  Fran- 
cis's powen^  and  a  copy  of  the  list  of  articles  to 
be  furnished  according  to  that  contract,  that  your 
Bzcellency  may  have  before  you  ail  the  papers 
relative  to  this  subject.  We  are  under  the  neces- 
aity  of  applying  to  your  Bzcellency  upon  this 
occasion,  and  of  requesting  your  advice. 

With  regard  to  what  is  past,  we  know  not  who 
the  persons  are  who  constitute  the  house  of  Rod- 
erique Hortales  A  Co.,  but  we  have  understood, 
and  Congress  has  ever  understood,  and  so  have 
tbe  people  of  America  in  general,  that  they  were 
under  obligations  to  His  Maiesty's  good  will  for 
ibe  greater  part  of  the  merchandise  and  warlike 
I5th  Cotf  •  let  Sxaa.— 77 


stores  heretofore  furnished  under  the  firm  of  Rod- 
erique Hortales  &,  Co.  We  cannot  discover  that 
any  written  contract  was  ever  made  between 
Congress  or  any  agent  of  theirs  and  the  house  of 
Roderique  Hortales  d^  Co.,  nor  do  we  know 
of  any  living  witness,  or  any  other  evidence, 
whose  testimony  can  ascertain  to  us  who  the  per- 
sons are  that  constitute  the  house  of  Roderique 
Hortales  db  Co.,  or  what  were  the  terms  upon 
which  the  merchandise  and  munitions  of  war 
were  supplied,  neither  as  to  the  price  nor  the  time 
or  conditions  of  payment. 

As  we  said  before,  we  apprehend  that  the  Uni- 
ted States  hold  themselves  under  obligations  to 
His  Majesty  for  all  these  supplies,  and  we  are 
sure  it  is  their  wish  and  their  determination  to 
discharge  the  obligation  to  His  Majesty  as  soon 
as  Providence  shall  put  it  in  their  power.  In  the 
mean  time,  we  are  ready  to  settle  and  liquidate 
the  accounts  according  to  our  instructions,  at  any 
time  and  in  any  manner  which  His  Majesty  and 
your  Bzcellency  shall  point  out  to  us. 

As  the  contract  for  future  supplies  is  to  be  rati- 
fied or  not  ratified  by  us,  as  we  shall  judge  expe- 
dient, we  must  request  your  Bxcellency's  advice 
as  a  favor  upon  this  head,  and  whether  it  would 
be  safe  or  prudent  in  us  to  ratify  it,  and  in  Con- 
gress to  depend  upon  supplies  from  this  quarter ; 
because,  if  we  should  depend  upon  this  resource 
for  supplies,  and  be  disappointed,  the  consequen- 
ces would  be  fatal  to  our  country. 

B.  FRANKLIN, 
ARTHUR  LBB, 
JOHN  ADAMS. 
Hit  Bzcellency  Count  db  ViROBNif  aa. 

Th  oil  whom  U  may  ameem. 

Whereas  Roderique  Hortales  A  Co..  of  Paris, 
have  shipped,  or  caused  to  be  shipped,  or  laden 
on  board  sundry  ships  or  vessels^  considerable 
quantities  of  cannon,  arms,  ammunition,  clothing, 
and  other  stores,  most  of  which  have  been  safely 
landed  in  America,  and  delivered  to  the  agents 
of  the  United  States  for  the  use  and  service 
thereof:  and  whereas  the  said  Roderique  Hor- 
tales ^  Co.  are  willing  and  desirous  to  continue 
supplying  these  Sutes  with  cannon,  mortars^ 
bombs,  arms,  ammunition,  clothing,  and  everv 
sort  of  stores  that  may  be  wanting  or  required, 
and  also  with  specie,  provided  satisfactory  as- 
sumption be  made  and  assurance  given  for  the 
payment  in  France  of  the  just  cost,  charges,  and 
Freight  of  the  cargoes  already  shipped,  as  well 
as  those  to  be  hereafter  shipped,  and  of  specie 
to  be  advanced:  and  whereas  some  cargoes 
of  American  produce  have  already  been  shipped 
to  the  address  of  Roderique  Hortales  A  Co^  or 
their  assigns,  for  sale  on  account  of  the  United 
Sutes  of  America,  the  net  proceeds  whereof  are 
to  be  applied  in  part  to  the  discharge  of  their 
claims : 

Now  know  ye,  that  John  Baptiste  Lazarus  The- 
veneau  de  Francis,  agent  of  Mr.  Peter  Augustin 
Caron  de  Beaumarehais,  as  representative  of  tjie 
house  of  said  Roderique  Hortales  dt  Co.,  by  him 


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emdaliy  appointed  and  empQwered  to  act  (nXLj 
tmi  effectually  io  all  tbings  oa  kis  behalf,  as  afv- 
peaxs  by  a  certain  letter  of  aixorney  or  instru- 
ment of  writiogJbeariDg  date  the  lOtb  dav  of!  Sep- 
temb^,  A.  D.  1777,  a  eopf  whereof  is  nereunto 
annexed,  doth,  for  aod  on  behalf  of  said  {lortales 
ft  Co^  represented  by  Mr.  Beaumarchais  as  afore* 
said,  in  vij^oe  of  the  powers  in  him  vested^  con* 
tjcactj  agree,  and  engage  to  and  with  the  Hons* 
William  Eil«ry.  Jam«t  Forbes,  William  Henry 
Dravtoa,  and  William  Doer,  fisqs.,  a  Commitiea 
of  Commerce,  properly  appointed  and  authorized 
by  the  delegatts  of  the  United  States  of  Anocr- 
ica  in  Congsess  assembly,  to  enter  into,  ei^eoiilLe, 
ratify,  and  confirm  this  contfcact,  fer  and  nn  b^ 
half  of  the  said.  United.  Siaxes^  aa  foUows^ 

1st.  That  the  cgpis  aod  chaqpes  of  tba  aeromi 
CJMgofs  already  shipped  by  \hp  said  Eodariqoe 
Boialca  ^  Cq^  shisU  be  fairly  s4ated  at,  thic 
cQrren,t  prices,  and  usual  mei;o9»|i^i|je  charoes  io 
ifrance,  of  tbe  diates  at  which  they  weie  shipped- 

3d.  That  the  freight  of  the  said  caigoea  shall 
be  charged  agreeably  to  the  contract  miMde  by  and 
between  Hf.^eaomairchais,  Mr.  Sili^  I>eene,  and 
Mr*  Moiuhieu. 

3dt  That  ail  prders  for.  oannon.  mojrtaip,  iNMnbs, 
arms)  a^oimunition,  clothing,  or  other  stores,  which 
may  bereaftef  be  transmiued  to  Messrs.  Rodei* 
iftue  Hortales  dt  Co,,  or  delivered  to  their  agents 
iA  America  by  the  said  committee,  or  any  other 
persons  properly  authorized  by  Congress  to  tcans* 
mit  Of  aelifer  such  lists  or  orders,  shall  be  exe- 
cuted aod  fhippeq  with  all  possible  despatch. 

4th.  That  all  t^rticies  to  be  hereafter  shipped  to 
America,  in  virtue  of  this  contract,  shall  be  pro- 
fided  as  nearly  to  the  orders  as  possible,  at  not 
higher  than  the  current  prices,  and  attended  with 
the  most  aMHlei»te  charges,  not  higbes  than  the 
usual  mercantile  charges  of  the  place  from  wh^ce 
they  are  exported. 

5th.  That  good  ^ips  shall  be  chartered  or 
bought  on  the  most  .moderate  terms  for  traaapori* 
ing  the  stores  to  America,  and  carrying  back  such 
cargoes  i^  the  committee  shall,  chopse  to  ship  in 
themt 

6ih.  That  agents  appointed  under  the  aqihority 
of  Congress,  shall  have  frte  liberty  to  inspect  \)m 
ouali^  and  requijfe  the  prices  of  all  articles  to  be 
ahippcdf<v  the  account  of  the  United  States,  with 
power  to  reject  such  as  they  judge  unat  or  too 
highly  charged;  they  shall  also  be  party  in  tbe 
charters  and  purchases  of  ships  to  be  employed 
m  this  service.  »    » 

.  7^*J^^^  H^^  ^^  *®  ^^^  ^  Roderiqne  Hor- 
tales  *  Co.,  aforesaid,  for  twenty.four  millions  ef 
livres  louxnois  annually,  shall,  be  duly  honored 
and  paid;  the  biiU  to  be  drawn  at  double  usance, 
!i?  i!  *H  ^^"^?i'«  f^Tiodn.  viz:  in  the  momha 
"  ^  mJ^'  rlJ^»  September,  November,  January, 
and  March,  for  four  millions  each  two  months. 
In  consideration  whereof,  the  said  William  El- 

wrrii"°*A^^'^''  ^''"*°*  ^^"^'y  Drayton,  and 
W^iliiam  Duer,  Esq..  commercial  committee  of 

d2?£ff*J*'^  !''^"?  of  the  powers  aod  authorities 
bSS^W  .k  ^^^."S  J7  ^^«  Congress,  do,  for  and  on 
hehalf  of  the  said  tfnited  Stiues7S>vel»nt,  agree^ 


ami  epgMe  wiib  tiie  said  Hoderiqae  Hcftatas  «b 
Co.,  by  their  said  agent,  as  follows : 

1st.  That  remittancea  shall  be.  made  by  experts 
of  American  produce  and  otherwise  to  the  said 
Roderiqne  Hortales  db  Co.,  or  their  agent,  fta  the 
express  purpose  of  dieehargiag  the  debt  already 
justly  due,  qr  hereafter  to  become  justly  dne,  in 
conseonence  of  this  agreement, 

2d.  That  all  oarfpesof  merchandise  shipped  eft 
account  of  the  United  Slates  for  France,  and  ap» 
propriated  towards  the  discharge  of  the  said  4»Ht 
shall  be  addressed  to  ik»  house  of  &oder«iii# 
Hortales  i^  Co.,  or  thei?  essign^  for  ^ ;  mlijee^ 
however,  to  the  inspection  and  eottrol  of  an  ^eMi 
appointed  under  the  authority  of  Congiesik  mh» 
shall  have  liberty  to  inepeet  tJie  ^naUty  or  saob 
Qsercbaad jse,  wmW^  io  or  cejeci  the  furieea  offiNed^ 
postpone  the  sales,  and  da  eiMry  ihiig  for  thei»* 
terest  of  his  constiMAen^ 

3d.  "^t  tbta  ouMaONHrf  inteiMiaf  Vm^^  not 
exceeding  si^,  pee  cent,  per  WHUim,  sh»li  be  al^ 
Ipwed  on  the  debt  aikeedy  dmk  or  ihaiK  from  tieaa 
totiofie  may  be  due,  tn  the  said  BoiJeMitMJaef^ 
tales^  dt  Cp,  la  virtue  of.  ttws^gfoeiiift^  comnc** 
ing  the  intecesjton  lAonev  fiom  |h»  wnaeTim 
being  paid,  ^aA  on  ffoods  by  themi  euftrltd  from 
the  usual  perio4s  Qf  comm^rciel  cre«Uta  ma  u^. 
goods. 

4th.  That  eny  paymenta  of  cantioeiaal  eorfeo- 
cy  in  America,  required  by  the  said  Bodeciipie 
Hortales  db  Co.,  or  their  agents,  aiid  i^reed  to  by 
CoDgress,  shall  be  computed  a4  the  current  or 
equitable  course  of  exchange  at  the  date  of  the 
payment,  and  interest  be  discounted  tvi  tbe 
amount  from  that  date. 

5th«  That  the  remittances  to  be  nsade  for  thf 
purpose  of  extioguishing  the  debt  noi«  due^  or  to 
become  due,  to  the  said  Soderiqua  Hortales  A 
Co.,  shall  be  made  at  such  times  and.  seasons  «s 
shall  be  most  ssfe  and  coavenient  for  the  Ameri* 
can  ioterest,  but  are  to  continue  unul  the  entire 
debt,  principal  and  iniei est,,  shall  be  foUy  and 
fairlv  discharged. 

^b.  That  a  commission  of  two  and  a  half  pec 
centum  shall  be  allowed  to  the  said  BoderMmt 
Hortales  db  Co.  on  the  ampunt  of  the  invoic^ 
freight,  or  other  charges  aod  moaeya  paid  i^ 
disbursed  by  them  for  aceount  of  the  Unjted 
States. 

7th.  That  tbe  customary  commiesioas  in  France 
shall  be  also  allowed  the  said  Roder ique  Hormlen 
db  Co.  on  the  amount  of  all  payments  mn4%  to 
them  on  account  of  the  United  BMttes. 

Provided  eUtoa^i,  That  the  seventh  article  of 
this  agreement,  respectipg  the  amMial  supply  ot 
twentv-four  millions  of  avreai  ahaU  not  be  co^ 
sidered  as  absolutely  binding  onob  either  of  the 
parties  to  this  cootract,  unless  the  saaae  shall  be 
ratified  by  Roderlque  Hortales  db  Go.  and  tbt 
coimnissioners  of  tbe  United  States. at  Paris;  for 
which  purpose  it  is  agreed  to  be  submitted  to 
them^  anything  herein  contained  to  the  contrary 
notwiihstaDdiog. 

But  it  is  neverthel«tt  tp  be  understood  that  tb^ 
United  Slates  may  and  shall  have  liberty  todmw, 
in  the  course  of  nve  or aizmontbs trouk  lim daM 


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am 


beraof,  Qpon  the  said  RodBria«e  HorfiiUs  d>  Co. 
for  the  sam  of  one  bsiHllred  tboasand  poa&ds 
stefliagy  eqoal  to  two  millioD  three  hundred 
thovMod  livres  tourooia^  which  shtll  be  d«ly 
paid* 

la  witness  whereof,  the  coatracting  jiarties 
bafe  hereooto  set  their  hands  and  seals  this  siz- 
teeath  day  ef  April,  in  the  vear  of  oor  Lord  oae 
thoosaad  sefen  hundred  and  seTenty-eighl. 

J.  B.  L.  T.  DB  FR^CIS, 
WILLIAM  ELLERY, 
JAMES  FORBES, 
WILLIAM  H.  DRATTON, 
WILX.IAM  DUER.  . 

Signedi  sealed,  and  delirered  in  pMsenee  ob 
CHARLES  THOMSON, 
S&Tetcuyof  Omgre^M* 

O^y  of  the  powers  given  to  John  BaptUti  t/OZO' 
ma  TTieveneau  de  Francw. 
Before  the  counsellors  of  the  King,  the  notaries 
of  the  court-house  of  Paris,  undersigned,  was 
present  Mr.  Pierre  Augustin  Caron  de  Beau- 
marehais,  representing  in  France  the  house  of 
Ro^rtqure  Hbrtate^  £  Co.,  IfWntf  in  the  city  of 
Paris,  in  Old  Temple  street,  and  parish  of  St. 
Ghrrats,  w(hd,  hf  these  presents,  did  make  and 
constitute  hie  procoraler  general  Mr.  John  Bap- 
tiate  Luaros  Theyeneao  de  Francis,  }ost  about 
to  embaik  for  Aiaenea,  to  Whooa  he  gives  powwr, 
for  aad  in  the  name  of  the  said  house  of  Rode- 
rioue  Hortides  ib  Co.,  to  manage  and  administer 
ail  the  aflairs  of  the  said  booee  and  companf ,  as 
well  actively  as  passtTcly,  and  consequently  to 
solicit  and  recover  all  debts  relative  to  all  the 
cargoes,  past,  present^  and  future,  seat  by  the  said 
house  to  America;  to  receive  all  moneys  and 
iBaka  all  purchases  relative  to  the  returns  of  the 
said  caigoes,  and  to  pay  all  expeasee  relative  to 
them ;  to  settle  all  accoaats  with  correspondents 
of  the  said  house  of  Roderiqoe  Hortales  ^  Co., 
whather  upon  invoices  or  otherwise ;  to  call,  if 
oacessaTy,  for  the  raciproeal  corretpondenee,  r^s- 
tries,  and  aecounls  current;  to  debate  the  inte- 
raaci  of  the  said  constituent  and  company ;  to  al- 
low tfab  anielce  in  the  said  aceocmta;  to  dose 
sndaettle  them  br  receiptt  of  every  kind ;  to  giv«, 
br  the  said  coosiitoted  procurator,  all  quittanees, 
Mfhargat,  and  valid  liquidations,  either  for  wpe^ 
oh.  merchaadtse.  or  prodoee;  aad  to  accept  all 
bilb  aad  orders  drawa  hy  hiai ;  in  default  or  ro- 
fusal  of  settlement,  and  after  settlemeat  ande,  te 
do,  in  the  name  of  the  nid  constituent  and  com- 
pany, all  conservatory  acts^  pursuits,  and  necea- 
wy  works;  to  appear  beibre  all  judges  who  may 
be  concerned,,  td  present  demands,  and  to  pursae 
them  effectually  to  final  judgment ;  to  treat,  com- 
pos^ and  transact  at  the  prices,  charges,  clauses, 
a»d  coDditiona  which  the  said  constituted  procu- 
rator shall  judge  most  useful  to  tha  interests  of 
the  said  constituent  and  company;  to  make  all 
oppositions  and  arretU  that  shall  be  neceesary,  ia 
case  of  bodily  restraint,  to  carry  it  into  execu- 
tion ;  to  give  discharges;  to  consent  to  all  things; 
to  stop  pfoeesMs;  to  conatitute  procoratota  and 


lawyers  in  any  cause;  to  propose  and  agree  to 
arbitrations  and  8i4>iters ;  to  choose  hia residencer 
aad,  in  general,  to  manage  for  the  gr^tesi  inte- 
rest of  the  said  constituent  and  his  house  wlHtt- 
evefctttumetaacea  shall  require  not  provided  for 
in  these  presents,  aad  without  having  neM  of 
more  special  power;  the  aforesaid  constituent 
promising  to  acknowledge  all  agrees^  uirtil 
revocation  of  this  power,  to  which  also  shall  be 
submitted  all  treaties  made  or  to  be  made  wiUt 
the  said  coastituted  procurator,  whether  anterior 
or  posterior  to  these  presents;  and  the  said  coaf> 
stituted  procumtor  being^  obliged,  as  is  just,  to 
render  accounts  of  his  mission  the  most  exactly, 
faithfully^  and  legally  that  may  be. 

BCader  aad  Pta^ed  at  Parlas  artft#  BtMles,  In 
the  year  one  tfousatfd  sevta^hundredand  seventy- 
seven,  theteathrday  of  S^tember ;  and  a  minuta 
of  these  preaeats^  lodged  Mth  M,  Momet,  one 
of  the  undefctgeed  notarfts^  hatb  been  maad; 
Sealed  the  same  day. 

IM  RKAUFORT, 
MORNBT. 

The  above  instrument  was  executed  by  a  public 
officer  in  my  presence. 

Aneat:  8;  DAAIIB. 


EMtrmAi^a  kUer  frm  ike  Counidi  rtrgdUmt9 

The  pleoipoteatiaries  (Dr.  Fratiklin  and  hia 
colleagues)  have  just  addressed  to  me  am  ettcial 
note^  which  embraces  two  objecta :  the  first  con- 
cerning the  settlement  of  the  aecoont  of  M.  de 
Beaanarchtfis,  under  the  name  of  the  bouse  of 
Roderique  Hortales  d^  Co. ;  and  the  second  con- 
cerniag  the  ratification  of  the  contract  which 
Congress,  or  rather  the  Committee  of  Commerce 
in  their  name,  have  formed  with  the  Sieur  The- 
veneau  de  Francis,  Wt^^  of  the  Sieur  Caron  de 
Beaumarchais.  Dr.  Franklin  and  his  colleagues 
wished  to  ka0w'the  artielee  wittofa  have  been  fur- 
nished by  the  King,  and  th^ose  furnished  by  M. 
de  Beaumarchais  on  his  own  account ;  and  they 
intimate  that  Congress  are  persuaded  that  nU,  or 
at  least  a  great  part  of  what  has  been  sent  tou 
ward,  is  on  account  of  His  Maiesty.  Ia  reply,  I 
have  infora»ed  them  that  the  Bung  has  furnished 
nothing;  that  he  simply  permittM  M.  de  Beau* 
marehais  to  provide  himself  from  his  arsenals^  on 
condition  of^  replacing  the  articles;  and,  furtneri 
that  I  would  with  pleasure  interpose  to  prevent 
them  from  being  pressed  for  the  reimbursemeat 
of  the  articles  of  a  military  nature. 

With  respect  to  the  contract  formed  with  the 
Sieur  Francis,  the  commissioners  have  the  power 
of  ratifying  or  rejecting  it;  and  they  anpiy  for 
my  advice  as  to  what  thev  should  do.  As  I  do 
not  know  the  house  of  Rouerique  Hortales  4t  Co., 
and  cannot  undertaJce  for  them,  it  is  impossible 
for  me  to  form  an  opinion  of  their  solidity  or 
punctuality  in  fulfilling  their  engagements,  z  oa 
will  be  pleased,  air,  to  communicate  these  two 
replies  to  Congress.  I  am  persuaded  that  they  , 
wUl  feel  the  justice  of  them* 


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APPENDIX 


2440 


Ctaim  9f  Cbnm  dt  Beaumarchai§. 


No.  33. 
Bsttmet  of  a  kiter  from  Jfenrf.  FhmkUn,  Lee,  and 

A^m$9  to  the  Secret  Cammittee  of  dmgreee, 

dated 

Pa88T,  Jdnuofy  7, 177a 

We  tre  Tery  nnhippf  that  we  are  not  able  to 
aeiid  to  CoDffress  those  supplies  of  arms,  amma- 
oition,  and  clothin|^,  which  they  hare  ordered ; 
bnt  it  is  absolutely  impossible,  for  want  of  funds; 
and  Mr.  Beaumarchais  has  not  yet  informed  us 
whether  he  will  execute  the  agreement  made  for 
him  with  you  or  not. 

No.  34. 
Etitnet  qf  a  ietter  from  Dr.Lee  to  tke  Secret  Com- 
mittee of  Congreee,  dated 

PAnis,  Jemuary  5, 1779. 
We  wrote  to  Mr.  Beaumarehais,  upon  our  re- 
emftef  TOur  letter  and  the  agreement  with  his 
•upposed  company,  that  we  were  ready  to  settle 
accounts  with  nia  whenerer  he  chose.  He  has 
made  no  answer. 

No.  35. 
SziNut  of  a  letter  from  tke  eame  to  the  mmm,  dated 
Faeis,  FArucaj  25, 1779. 
Mr.  Deane  is  entirely  at  a  loss  to  understand 
itkat  I  mean  by  saying  almost  ererythiag  re- 
mained to  be  paid  for.  1  will  tell  him  of  some 
gross  sums,  which  may  satisfy  him  without  de- 
•eanding  to  a  multitude  of  lesser: 
Mr.  Beaumarehais's  demand         -  6,000,000 
Mr.  Monthieu's    ....    674,000 
Mr.  Williams's     .       *       .       .     300,000 

6,974,000 


No.  36. 

EMtraetqfa.  letter  from  Arthur  Lm  to  tke  Chairman 
of  the  Seeret  Committee,  dated 

Apbil  20, 1779. 

Three  months  before  Mr.  Deane's  arriral,  Mr. 
Beaumarchais  settled  with  me  in  London  the 
sending  these  supplies  of  money  and  munitions 
of  war  by  the  Cape,  under  the  firm  of  Hortales  ^ 
Co.,  and  that  I  should  apprize  Congress  of  it, 
which  I  did  by  Mr.  Storv  and  other  opportuoi- 
ties,  as  the  gentlemen  or  the  secret  committee 
™^«  Therery  despatches  by  Mr.  Carmicbael, 
which  Mr.  Deape  stands  charged  with  haying 
opened,  and  most  certainly  detained,  gare  also,  if 
my  memory  does  not  mucn  deceire  me  *  the  same 
^tdligence.  Upon  Mr.  Beaumarchais's  return  to 
Paris,lie  wrote  me  several  times  concerning  these 
rapplies,  mentioning  the  difficulties  which  are  in 
the  execution,  from  the  timidity  of  the  Court,  bat 

k^  k  ^"  putting  it  into  the  mercantile  train, 
y'ch  would  soon  orercome  all  difficulties.    1 

^  My  titaation  in  London  pretented  me  hmn  keep- 


did  not  fail  to  press  the  despatch  of  them,  aid 
proposed,  too,  the  sending  some  ships  of  war  to 
protect  our  coast,  exactly  similar  to  what  we 
were  afterwards  instructed  by  Congress  to  obtain. 

I  do  not  state  this  to  assume  any  merit  to  my* 
self  for  these  supplies.  I  had  none.  Mr.  Beaa- 
marchais  sought  me  out  in  London.  He  found 
me  by  means  of  Mr.  Wilkes,  and  communieaitd 
to  me  what  I  was  to  convey  to  Congress;  that 
the  sum  of  two  hundred  thousand  louisd'or  from 
this  Court  was  ready  for  our  support  It  wai^ 
therefore,  no  address  of  mine  that  procured  thk 
aid.  I  was  only  the  instrument  of  couTeyiny 
this  intelligence.  As  far  as  I  know,  the  merit  is 
due  to  Mr.  Beaumarchais.  I  nerer  refused  it  to 
him.  But  I  objected  to  his  making  demands  di* 
rectly  contrary  to  what  he  had  repeatedly  assured 
me,  and  not  only  desired.but  uiged  me  to  report 
to  Congress.  I  did  so,  and  I  nerer  retract  one 
iota  of  that  information. 

When  the  business  was  thus  settled  and  in  tbis 
train,  Mr.  Deane  arrived. 

No.  37. 

Extract  of  a  letter  from  B.  FramUminReheriMer^ 

rie,  Eeq^  dated 

Passt.  Auguet  12, 1782. 
'  The  plan  you  intimate  for  discharging  the  billa 
in  faror  of  Beaumarchais.  though  well  imagined, 
was  impracticable.  I  had  accepted  them,  and  he 
had  discounted  them,  or  paid  them  away,  or  di- 
rided  them  among  his  creditors.  They  were 
therefore  in  different  hands,  with  whom  I  eouM 
not  manage  the  transactions  proposed.  Bemiiea^ 
I  had  paid  them  punctually  when  they  became 
due,  which  was  before  the  receipt  oi  your  letter 
on  that  subject.  That  he  was  furnished  with  his 
funds  bT  the  Gorernment  here,  b  a  toppositioft 
of  which  no  foundation  appears.  He  says  it  was 
by  a  company  he  bad  formed ;  and  when  he  so- 
licited me  to  gire  up  a  cargo  in  part  of  payment, 
he  urged,  with  tears  in  his  eyes,  the  distress  him- 
self and  associates  were  reduced  to  br  our  delay 
of  remittances.  I  am  glad  to  see  that  it  is  in* 
tended  to  appoint  a  commissioner  to  settle  all  our 
public  accounts  in  Europe.  I  hope  he  will  have 
better  success  with  M.  Beaumarchais  than  I  haTe 
bad.  He  has  often  promised  solemnly  to  render 
me  an  account  in  two  or  three  dars.  Tears  have 
since  elapsed,  and  he  has  not  yet  done  it.  Indeed, 
I  doubt  whether  his  books  hare  been  so  well  kept 
as  to  make  it  possible. 

No.  38. 

Extract  of  a  letter  from  Robert  Morrie,  Eeq.,  to  the 

MuUiter  of  France,  dated 

Jamdaet  13, 1783. 
As  to  M.  de  Beaumarchais's  bills,  I  expected 
that  some  arrangements  might  hare  been  taken 
with  relation  to  them,  according  to  our  conrer- 
sations ;  for,  although  you  declared  that  yon  had 
no  instructions  on  that  subject,  yet  you  saw,  with 
me,  that  our  funds  would  not  bear  such  a  dedec* 
tioa,  and  the  line  of  conduct  which  yon  ad? ised 


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AFPHNDIX. 


2U2 


CKom  qT  Ckntm  de  Beaumarehaik, 


was  precisely  that  which  I  purstied,  as  I  shall 
presently  hare  occasion  to  mentioD. 

Extract  fivm  the  Mame  Utter. 
It  was  not,  therefore,  until  the  inrestigation  of 
Mr.  Qrand's  acconnts  that  I  was  struck  with  the 
deficiency  abore  mentioned, and  which  arose  from 
the  difference  of  one  million  due  on  the  former 
transactions  more  than  I  had  calculated,  and  two 
millions  and  a  half  to  Mr.  Beaumarchais.  The 
moneys  which  I  supposed  to  be  at  my  sole  dispo- 
sal were,  I  found,  subject  to  Mr.  Franklin's  order, 
mnd  therefore  Mr.  Grand,  instead  of  six  millions, 
possessed  only  two  and  a  half,  to  answer  my  bills 
drawn  in  1782.  I  had  written  to  Dr.  Franklin 
in  the  manner  agreed  between  us  as  to  M.  de 
Beaumarchais,  but  the  money  was  paid  before 
the  letter  arrired.  I  should  not,  however,  do  that 
justice  to  Mr.  Franklin  which  I  ought,  if  I  did 
not  obserre  that  I  think  he  was  perfectly  right  in 
causing  these  bills  to  be  paid.  You  will  consider, 
sir,  that  they  had  been  drawn  in  1779,  and  nego- 
tiated for  three  years  through  different  parts  of 
Europe  and  America,  on  the  public  faith  and 
credit  of  the  United  States.  It  is  a  moderate 
calculation  to  suppose  that  a  thousand  different 
people  were  interested  in  the  sum  of  three  and  a 
nalr  millions;  protesting  the  bills,  therefore, 
would  have  sent  them  back  again  from  one  per- 
son to  another,  affixing  a  stigma  on  our  character 
whererer  they  went. 


No.  39. 
Esttraet  of  a  contract  concluded  on  the  VUh  of  Fdh 
niory,  1788,  between  Me  Meet  Chrietian  majeety 
and  the  United  Statee  of  North  America^  eigned  by 
Coemt  de  Vergennee  and  Benjamin  Franluuu 
Articlb  2.  For  better  understanding  the  fixing 
the  periods  for  the  reimbursement  of  the  six  mil- 
lions at  the  royral  treasury,  and  to  prerent  all 
ambiguity  on  this  head,  it  has  been  found  proper 
to  recapitulate  here  the  amount  of  the  preceding 
aids  granted  by  the  King  to  the  United  States, 
mnd  to  distinguish  them  according  to  their  differ- 
ent classes: 

In  the  third  class  are  comprehended  the  aids 
and  subsidies  furnished  to  the  Congress  of  the 
United  States,  under  the  title  ^*  of  gratuitous  as- 
sistance from  the  pure  generosity  of  the  King;'' 
three  millions  of  which  were  granted  before  the 
treaty  of  February,  1778,  and  six  millions  in  1781 ; 
which  aids  and  subsidies  amount,  in  the  whole  to 
nine  millions  of  lirres  tournois.  His  Majestj 
here  confirms,  in  case  of  need,  the  |;ratuitous  girt 
to  the  Congress  of  the  said  thirteen  United 
States. 


No.  40. 
Extract  of  a  letter  from  B.  FrankUn  to  HBr.  Grand, 
Banker  at  Parte,  dated 
PsiLAnBLPHiA,  July  11, 1786. 
I  send  yon,  enclosed,  some  letters  that  hare 
passed  between  the  Secretary  of  Congress  and 
me,  respecting  three  millions  of  lirres,  acknowl- 
edged to  hare  been  receired  before  the  treaty  of 


February  17, 1778,  as  don  gratuit  from  the  Kiog^ 
of  which  only  two  millions  are  found  in  your 
account,  unless  the  million  from  the  farmers  gen- 
eral be  one  of  the  three.  I  hare  assured  that  all 
the  money  receired  from  the  King,  whether  as 
loan  or  sift,  went  through  vour  hands;  and  as  I 
always  looked  on  the  million  we  had  of  the 
farmers  general  to  be  distinct  from  what  we  had 
of  the  Crown,  I  wonder  how  I  came  to  siffu  the 
contract  acknowledging  three  millions  of  gift 
when  in  reality  there  were  only  two,  exclusive  of 
that  from  the  farmers.  And  as  both  you  and  I 
examined  the  project  of  the  contract  before  I 
signed  it^  I  am  surprised  that  neither  of  us  took 
notice  ol  the  error.  It  is  possible  that  the  million 
furnished  ostensibly  by  the  farmers  was  in  fact  a 
gift  of  the  Crown ;  in  which  case,  as  Mr.  Thom- 
son obserres,  they  owe  us  for  the  two  ship  loads 
of  tobacco  they  receired  on  account  of  it.  I  must 
earnestly  request  of  you  to  get  thb  matter  ex- 
plained, that  it  may  stand  clear  before  I  die,  lest 
some  enemr  should  afterwards  accuse  me  of  bar- 
ing receired  a  million  not  accounted  for. 

No.  4L 
Letter  from  Mr.  Dwrioalto  Mr.  Cfrand. 

Vbrsailles,  August  30, 1786. 

Sir  :  I  hare  receired  the  letter  which  you  did 
me  the  honor  to  write  the  28th  of  this  month, 
touching  the  adrance  of  a  million  which  you  saf 
was  made  by  the  eeneral  farm  to  the  United 
Sutes  of  America,  the  dd  of  June.  1777.  I  hare 
no  knowledffe  of  that  adrance ;  what  I  hare  veri- 
fied isjthat  the  King,  by  the  contract  of  the  25th 
February,  1783^  has  confirmed  the  gratuitous  gift 
which  His  Maiesty  has  preriouslr  made  of  the 
three  millions  hereafter  mentionea,  riz : 

One  million  delirered  by  the  royal  treasury  the 
lOih  of  June,  1776,  and  two  other  millions  ad- 
ranced  also  by  the  royal  treasury  in  1777,  on  four 
receipts  of  the  deputies  of  Congress,  of  the  nth 
January,  3d  April,  10th  June,  and  15th  October 
of  the  same  year. 

This  explanation  will,  sir,  I  hope,  resolre  tout 
doubt  touching  the  adrance  of  the  3d  of  June, 
1777.  I  further  recommend  to  you,  sir,  to  confer 
on  this  subject  with  Mr.  Qirerd,  who  ought  to 
be  better  informed  than  we,  who  hare  no  uiowl- 
edge  of  any  adrances  but  those  made  by  the  royal 
treasury.    I  hare  the  honor  to  be,  d&c. 

DURIVAL. 

No.  42. 
From  the  eame  to  the  eame. 

VsESAiLLES,  September  5, 1786» 
I  laid  before  the  Count  de  Vergennes  the  two 
letters  which  yon  did  me  the  honor  to  writa 
touching  the  three  millions,  the  free  ffift  of  whioli 
the  Kmff  has  confirmed  in  faror  of  the  United 
States  of  America. 

The  Minister,  sir,  obserred  that  this  ffift  has 
nothing  to  do  with  the  million  which  the  Con- 
gress may  hare  receired  from  the  general  farm 
in  1777;  consequently,  he  thinks  that  the  aeaeipt 


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APFENBIX. 


1444 


dmm  of  Caron  de  Beattmarckai^. 


whkb  you  desire  mi/  be  eomBiunioated  to  you 
ctDDOt  satisfy  the  object  of  your  riew,  and  that 
it  would  be  useless  to  give  you  the  copy  which 
you  desire.    I  hare  the  honor  to  be,  Slc. 

DURIVAL. 

No.  43. 

Copiei  of  Mundn/  papers  relative  to  the  lost 

million. 

Paris,  Sept.  9, 1786. 

Dear  Sir:  The  letter  you  honored  me  with, 
covered  the  copies  of  three  letters  which  Mr. 
Thomson  wrote  you  to  obtain  an  explanation  of 
a  million,  which  is  not  to  be  found  in  my  ac- 
counts. I  should  have  been  very  much  embar- 
rassed in  satisfying  him,  and  proving  that  I  had 
not  put  that  million  in  my  pocket,  had  I  not  ap- 
plied to  Mr.  Durivtl,  who,  as  you  will  see  by  the 
answer  enclosed,  informs  me  that  there  was  a 
million  paid  by  the  royal  treasurer  on  the  10th  of 
June,  1776.  This  is  the  very  million  about  which 
Mr.  Thompson  inquires,  as  I  have  kept  an  ac- 
count of  the  other  two  millions,  which  were  also 
furnished  bv  the  royal  treasury,  viz :  the  million 
in  June  and  April,  1777;  the  other  in  July  and 
October  of  the  same  year,  as  well  as  that  furnish- 
ed by  the  farmers  general  in  June,  1777. 

Here,  then,  are  the  three  millions  exactly, 
wliich  were  given  by  the  King  before  the  Treaty 
of  1778,  and  that  furnished  by  the  farmers  gene- 
ral. Nothine,  then,  remains  to  be  known  but 
who  received  the  first  million  in  June,  1776.  It 
could  not  be  by  me,  who  was  not  charged  with 
th^  business  of  Congress  until  January,  1777.  I, 
therefore,  requested  of  Mr.  Durival  the  copy  of 
the  receipt  for  the  one  million.  You  have  the 
answer  which  he  returned  to  me.  I  wrote  to  him 
again,  renewing  my  request;  but  as  the  carrier  is 
just  setting  off,  I  cannot  wait  to  give  you  his  an- 
swer; but  you  will  receive  it  in  my  next,  if  I 
receive  one.  In  the  meanwhile  I  beg  you  will 
receive  the  assurance  of  the  sentiments  of  respect 
with  which  I  have  the  honor  to  be,  ^. 

GRAND. 

Dr.  B.  Frajvklin. 


No.  44. 


VBRSAiLLBa,  SepL  10, 1786. 

I  have  laid  before  M.  the  Count  de  Vergennes, 
as  you,  sir,  aeem  to  desire,  the  letter  which  you 
did  me  the  honor  to  write  yesterday.  The  Min- 
ister persists  in  the  opinion  that  the  receipt,  the 
copy  of  which  you  request,  has  no  relation  with 
the  business  with  which  you  were  intrusted  on 
behalf  of  Congress,  and  that  this  piece  would  be 
uselew  in  the  new  point  of  view  in  which  you 
liare  placed  it.  Indeed,  sir,  it  is  easy  for  you  to 
pro¥e  that  the  money  in  question  was  not  deliv- 
ered by  the  royal  treasury  into  your  hamls,  as  you 
did  BOt  begin  to  be  charged  with  the  bnsiaess  of 
Congress  until  January,  1777,  and  the  reeeipt  is 
of  tlie  date  of  10th  June,  1776. 

I  have  the  honor  Co  be,  dto. 

^  ^  DURIVAL. 


No.  45. 
PoBtMcripi  fiom  M^.  Qrmnd. 

Parw,  Htptmber  12,  1786. 
I  hazard  a  letter,  in  hopes  it  may  be  able  to 
join  that  of  the  9th  at  L'Orient,  in  onitr  to  Ibr- 
ward  to  you,  sir,  the  answer  I  have  just  cectifed 
from  Mr.  Durival.  Yon  will  therefore  Me^air. 
that  notwithstanding  my  entreaty,  the  Minister 
himself  refuses  to  give  me  the  copy  of  the  reseat 
which  I  asked  for.  I  cannot  conoeive  the  reasoQ 
for  this  reserve,  more  especially  siiiee.  if  there  fcas 
been  a  million  paid,  he  who  reeeivej  ii  has  ias^t 
the  account,  and  must  in  time  be  knoem. 

I  shall  hear  with  pleasure  that  yon  have  been 
more  fortunate  in  this  respect  in  America  than  I 
have  been  in  France,  and  repeat  to  yon  the  as- 
surance of  the  sentiments  of  regard  with  whieh 
I  have  the  honor  to  be,  dtc 

GRAMD. 


No.  46. 
Later  from  Dr.  FrankUn  ta  ClMit  Tkmmmm,  &g. 
PniLADKLPniA,  Jamutry  25^  ITSf. 

Dear  Fbiend:  Tou  may  remember  tbat  in 
the  correspondence  between  us  in  Junelaa^on 
the  subject  of  a  miWion^Ji^  gtft  of  the  King  of 
France,  acknowledged  m  oiu  CQntract  to  neve 
been  received,  but  which  did  not  appear  to  be 
accounted  for  in  our  banker's  accounts,  unless  it 
should  be  the  same  with  the  million  said  to  be 
received  from  the  farmers  general.  I  mentioned 
that  an  explanation  ttight  denbiie^  be  etiltf 
obtained  by  wiitiag  to  Mc  Qnmd  or  Mr.  JM^ 
son.  I  know  not  v^ether  f  on  bniw  aniSBdiegly 
written  to  eitber  of  than,  oot,  being desiaeaetbat 
the  matter  should  be  speedily  eleared  up, I  vrole 
myself  to  Mr.  Grand  a  letter  upon  it,  nf  wbieb  I 
now  enclose  a  copy,  with  his  ensipefa,  aikd  seveitl 
letters  from  Mr.  Durival.  wbo  is  Cifif  Al  fhmam 
des  fhndt  (and  has  unoer  bis  caie  h,fi9mm) 
de$  Affaires  Etrangeres.  Yoi  will  see  by  ibfee 
leuers  that  the  million  in  queatioa  wis  deuvwed 
to  somebody  on  the  10th  June,  1776,  but  ii  4mm 
not  appear  to  whom.  It  is  clear  thai  it  eeold 
not  be  to  Mr.  Grand,  nor  to  the  eoi«flsato»i 
from  Congcessj  for  we  did  not  meet  in  Franee 
until  the  end  of  December,  1776|  or  Uv inoi^f  of 
January.  1777;  that  banker  was  not  cfciged  be- 
fore with  our  afiOuri.  By  the  Miaistars  re^iiuiig 
him  a  copy  (^  the  receipt,  I  eonjeetored  it  meat 
be  mone^  advanced  for  our  use  to  BeamMatabiaia, 
and  that  it  is  a  my$lirt  du  cabillwt^  wbieh  peibafs 
should  not  be  further  inquired  into,  wdesa  neces- 
sary to  guard  against  more  demands  then  mtSf 
be  just  from  that  agent ;  £or  it  majr  well  be  sup- 
posed that,  if  the  Court  furnished  him  tbe  means 
of  supplyio|[  us,  they  may  not  be  willing  to  fw 
nish  authenu'p  prool^  or  suob  a  transaction  so 
early  in  our  dispute  with  Britain. 

Pray  tell  me,  has  be  dropped  his  demands,  or 
does  be  stiU  continoe  to  worry  yon  with  tbemf 

I  should  like  to  have  these  original  letteieiv* 
turned  to  me,  but  you  sMy,  iS  yea  pleaee,  b^p 
copies  of  them. 


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ABIVRDIX. 


3Me 


Oairn  nf  tSooihi  de  Simmiarchau. 


It  it  cnie^rti  mHlwB  ia  ^piestten  nmkM  do  dif- 
£ereoce  ia  yoaraccocmto  with  the  EUngof  Ffance ; 
it  not  beiag  iBentieo«d  or  ebarn^ed  m  so  moch 
lent  and  to  be  repaid,  but  stated  as  freelf  ffiren. 
Yet,  if  it  was  put  into  the  hands  of  any  of  your 
agents,  or  Ministers,  they  ought  oertaialy  to  ac- 
count for  it.  I  do  not  recollect  whether  Mr.Deane 
had  arrived  in  France  before  the  10th  June  1776 ; 
bit,  from  his  great  want  of  money  when  I  j(»ned 
bim  a  few  months  after,  1  hardly  think  it  could 
bare  been  paid  him. 

Possk^ly  Mr.  Jefferson  may  obtain  the  informa- 
tion though  Mr.  Grand  could  not;  and  I  wish  be 
may  be  directed  to  make  the  inquiry,  as  I  know 
be  would  do  it  directly ;  I  mean,  if,  bv  HorUles 
dt  Oo.'s  (arther  demands,  or  for  any  other  reason, 
such  an  in^ry  should  be  thought  necessary. 

I  am  ever,  my  dear  friend,  dbc.  •• 

B.  FRANEUN. 

Cbablgs  TnomnHi,  iisq. 

No.  47. 
The  MikkUf  PienipotmHarv  rf  ike  Vhitid  States  to 
the  French  lUpuoRc,  to  the  CommUeary  of  Exte- 
rior KelaHone. 

SAiMPoaT,  (3d  Mesrid€fr.) 

June  21, 1794. 

During  tbe  last  war,  there  were  furnished  by 
Fiance  to  the  United  States  of  America  sundry 
sums  of  money,  either  as  loans  ot  gratuities. 

The  first  of  these  adranoes  was  one  million. 
It  appears  to  baye  been  made  on  tbe  10th  of 
June,  1776,  asd  is  cbai^d  as  part  ci  the  gratui- 
tiee;  but  it  is  not  kaewn  re  whom  it  was  paid, 
or  for  what  purpose  expended.  Doctor  Franklin, 
in  adjusting  the  accounts  of  the  United  States 
with  the  French  Minister,  neglected  to  demand 
JnAwmation  on  tbbeubfeet  j  stndaftetwards,  when 
the  banker  ^  the  United  8t«ce»  applied,  in  the 
ttomhs  of  August  and  September,  1788,  to  Mr. 
Dartral,  he  was  answered  that  bis  demand  had 
bM»  eomuHmicaied  to  the  Count  de  Vergennes, 
m4  that  tbiv  Minister  persisted  in  believing  that 
the  receipt  In  question  could  be  of  no  use  to  the 
hanker,  sinee  he  was  not  charged  with  the  pecu- 
niary allhiro  of  ibe  United  States  before  tbe 
month  of  January,  1777,  and  that  cbis  payment 
hud  been  made  en  tbe  10th  of  June,  1776.  Our 
Ministers  were  also  told  that  it  was  unnecessary 
ta  knlsc  on  hiformation  irecardiag  a  payment 
which  did  not  form  a  part  of  the  sums  to  be  re- 
imbursed by  the  United  States.  Doctor  Franklin 
concluded  that  tbie  advance  bad  been  placed  in 
the  hands  of  the  Sieur  Betiumarchais,  and  that  it 
was  a  mystery  of  rb*  Cabinet,  an  explanation  of 
which  Mtfht  to  be  a  matter  of  indifference  to  us, 
unltMi  it  shovld  be  necessary  to  oppose  this  sum 
againct  the  ekime  of  tbe  Stear  Deaumarehaie  for 
sunnliee  shipped  by  him  to  the  United  States. 

Thia  oaeaalty  has  occurred,  but,  independent 
of  it,  you  will  perceive  that  the  payment  of  it 
having  been  aoknowkdged  by  tbe  t7aited  Stntes, 
thcr  receiver,  whoever  he  may  b^  ought  to  render 
to  them  an  aeeount  of  Ha  ^penditwre.  Besides, 
ayaietles  strre  too  often  no  other  purpose  than 


to  hide  diUpfdaftionc,  of  which  the  people  are  i^be 
viethm. 

It  is,  therefore,  given  me  in  charge  to  eolteit  a 
eommunication  of  the  documenu  which  >#laie 
to  the  free  gift  of  one  million  made  by  France  to 
the  United  States  on  tbe  10th  of  Jane,  1778.  I 
believe  they  may  be  found  amongst  the  papeiB  of 
the  Sieur  Duriral,  then  priacipalof  the  Offioe  of 
Foreign  Afiairs;  aad  I  addrees  myself  to  ye«oii 
this  occasion  with  the  more  conftdence,  as  I  am 
folly  pervuaied  of  the  good-will  of  the  FrCMh 
Qovernment  lOwanr^  the  United  States. 

OOUY.  MORRIS. 

No.  48. 

The  Cmnmiasary  q^  Exterior  Eektume  te  tke9M»> 

ieter  Pknipo&ntiarg  qf  the  Untied  Stmtee*> 

LIBERTY,  EQUIUTV,  VBATBMItTT,  OR  MAtW. 

At  Parts,  (im  MeMdM*,) 

M  year  rf  the  ReprOHc,  one  and  indivHiUt. 

By  your  letter  of  the  ^d  of  this  month,  you  re- 
quested a  communication  of  tbe  documents  which 
relate  to  the  employ  of  i  million  advanced  to  the 
United  Sutes  on  the  lOth  June,  1776. 

I  communicated  this  Request  to  the  Committee 
of  Public  Safety,  which  has  been  found  to  bedUe 
from  its  justice  to  give  the  satisfaction  to  (he 
United  Sates  which  bftd  been  refused  to  them 
by  the  Ministers  under  the  old  regime.  In  con- 
sequence of  which,  I  have  caused  the  necessary 
search  to  be  made,  tmd  IcAClose,  herewith,  a  copy 
of  a  receipt,  dated  June  10, 1776L  which  appears 
to  be  the  one  necessary  to  tbe  United  Siatce  in 
ad  lusting  their  accounts. 

Alysterv,  av  you  very  weU  remark,  does  not  suit 
two  people  united  by  all  the  ties  of  friendship 
and  a  common  interest. 

BUCHOT. 

At  Paris,  June  10, 1771 
I  have  received  from  Monsieur  Du  Vergier. 
agreeably  to  tbe  orders,  tmnsmitted  to  him,  or 
Monsieur  the  Count  of  Vergennes,  dated  the  ^h 
current,  the  sum  of  one  nnliion,  for  which  I  wiQ 
accoimt  to  my  said  Sieur  Count  de  Vergennes. 
CAftON  Dfi  BEAUMARCHAIS. 
Good  for  one  million  of  livres  toumois. 

BUCHOT. 

No.  4^ 
TheMuUitet^FAumeetoCititfenlkhllke^ 
Pario.  2iih  PhKtidor,  9th  wear  eftke 
nmckB^^ic^&netindinditMbU. 
I  have  communicated,  citiietr.  to  the  trCartrt, 
and  to  the  national  accountant's  office,  the  peti- 
tion by  which  you  ask,  as  being  heit  to  Cafon  do 
Beaumarcbairtr  estate,  thfat  a  certHlcate  be  d^ 
livered  to  you,  in  order  to  prtive  that  the  payment 
of  a  million,  said  to  have  been  made  the  lQ(k 
Jane.  1776,  to  Beaumarchais,  by  the  cud&vont 
royal  treasury  for  the  United  Stated  of  AmeriCt, 
wns  never  enected* 
It  results,  from  the  ibfbf  ttwtion  rea<fv«d  by  the 

Digitized  by  V^JV 


ai47 


AFF&MDIX. 


3M8 


a^vty^tke  Cbaat. 


4inelor  of  the  poMie  trMsary,  that  the  aceoimt 
of  the  year  1776  was  rendered  by  citizen  Lava- 
ieite,  senior  ancient  giurd  of  the  treasury,  to  the 
^i-devant  chanber  of  aoeoonts,  where  it  was 
jtklged ;  and  that  the  books  and  journals  of  that 
year,  and  of  the  subseqoent  years,  hare  not  been 
-depoMted  at  the  treasury,  bat  have  lemained  in 
the  custody  of  that  ancient  guard;  therefore,  the 
^wetor  has  it  not  in  his  power  to  undertake  the 
Vfrtfieation  by  you  demanded.  He  declares,  ne- 
vertheless, that  if  the  payment  of  one  million  has 
been  made  the  10th  June,  1776,  it  must  hare  been 
carried  as  expenses,  with  the  Touchers,  in  Che  ac- 
counts of  that  year. 

As  to  the  commissioners  of  the  national  ac- 
count office,  they  hare  announced,  by  their  letter 
«f  18th  instant,  that  they  hare  ordered  the  most 
exact  research  to  be  made  in  the  accounts  of  the 
d-dewant  royal  treasury  of  the  year  1776,  render- 
ed by  citizen  Lavalette,  ancient  guard  of  thetrea- 
sory,  of  the  million  which  is  thought  to  hare 
been  paid  on  the  10th  of  June  for  account  of  the 
United  States  of  America ;  but  that  not  a  single 
article  relatire  to  that  payment  has  been  found 
in  the  said  accounts,  and  in  those  subsequent. 

Such  is,  citizen,  the  result  of  the  researches 
which  hsTe  been  made  on  the  subject  of  your  pe- 
tition. These  informations  must  answer  instead 
of  the  declaration  which  you  wish  for. 

GAUDIER, 
Minitter  of  Finance. 

Paeis,  Sth  Venddmiaire^  8th  year. 
The  Minister  of  Exterior  Relations  certifies  as 
true  the  signature  of  the  Minister  of  Finance 
aborementioned. 

CH.  MAU.  TALLEYRAND, 
r.   ^T     By  the  Minister: 
L""  8]  D.  HBRMARA. 

Paris,  Oct.  2,  1800. 
The  undersigned,  Enroys  Extraordinary  and 
Bflnisters  Plenipotentiary  of  the  United  States  of 
America,  certify,  that  the  abore  signature  of  Ch. 
Mau.  Talleyrand  is  that  of  the  Minister  of  Ex- 
terior Relations  of  the  French  Republic. 

OLIVER  ELLSWORTH, 
WILLIAM  R.  DAVIE. 


SURVEY  OF  THE  COAST. 

[Communicated  to  the  Senate,  March  16, 1818.] 
Tbihe  SeaaU  of  the  United  Statei: 

In  compliaBce  with  a  resolution  of  the  Senate 
of  the  United  Sutes  of  the  Sd  of  Februarjr  last, 
requesting  the  President  to  cause  to  be  laid  before 
them  *^  a  statement  of  the  progress  made  under 
the  act  to  provide  for  surreyiog  the  coast  of  the 
United  States,  passed  February  10, 1807.  and  any 
subsequent  acts  on  the  same  subject,  ana  the  ex- 
penses incurred  thereby,"  I  transmit  a  report  from 
the  Secretary  of  the  Treasury  containing  the  in- 
formation required. 

JAMES  MONROE. 

.WAamif  OTOM,  March  16, 1818. 


TftXABUBT  DsPAB'nixifr,  A6. 88, 181ft. 

In  obedience  to  a  resolution  of  the  Senate  cC 
the  3d  instant,  requesting  the  President  of  tbe 
United  States  to  cause  a  statement  of  the  pro- 
gress made  under  the  act  to  proridefor  sonreyiDg 
the  coast  of  the  United  States,  passed  February 
10, 1807,  and  any  subsequent  acts  on  the  same 
subject,  and  the  expenses  incurred  thereby,  to  be 
laid  before  the  Senate,  which  has  been  referred 
by  the  President  to  this  Department,  the  Secre- 
tary cf  the  Treasury  respectfully  reports  the  en- 
closed communications  to  and  from  F.  R.  Hata- 
ler,  and  a  statement  of  the  sums  which  have  been 
expended  in  the  execution  of  that  serrice. 

Of  the  appropriations  which  hare  been  made 
for  this  object,  ^49^284  25  was  on  the  81st  of  De- 
cember, 1810,  carried  to  the  credit  oi  the  surplus 
llind ;  and  the  further  sum  of  9^:720  57  was  car- 
ried to  the  credit  of  the  same  fund  in  the  year 
1815,  and  the  part  of  the  $50,595  45,  now  unex- 
pended, which  shall  be  unapplied  on  the  27th  of 
April  next,  will  be  carried  to  the  credit  of  that 
fund  in  the  same  manner,  as  the  Treasury  has  oo 
means  of  avoiding  the  operation  of  the  law  di* 
rectiog  all  appropriations  which  are  not  expended 
within  two  years  from  their  respective  dates  to  be 
carried  to  the  credit  of  the  surplus  fund. 

Deducting  the  sums  which  hare  been  carried 
to  the  credit  of  the  surplus  fond,  it  appears  that 
there  has  been  expended,  under  the  several  acts 
directing  the  survey  of  the  coast,  the  sum  of  fifty - 
four  thousand  one  hundred  and  twenty-five  dol- 
lars and  twelve  cents. 

All  which  is  respectfully  submitted. 

WM.  H.  CRAWFORD. 

The  Pbisidbnt  of  the  U.  S. 

TfiBAsusT  Dbpabtmemt,  Ang-  3, 1816. 
Sir:  The  correspondence  relative  to  yov 
being  employed  as  superintendent  of  the  somf 
of  the  coMt,  under  the  act  of  Congress  respecting 
that  object,  has  been  submitted  to  the  PresidciU, 
and  your  services  are  engaged  on  the  foUowiag 
terms : 

1.  The  whole  of  ^our  time,  labor,  taleata,  and 
attention  shall  be  given  to  the  work,  as  well  im 
relation  to.  the  superintendence  of  the  duties  to 
be  (terformed  bv  military  or  naval  oflkers  and  as- 
sistants, or  by  draughtsmen  and  engtavers,  as  in 
relation  to  the  paru  of  the  work  which  are  to  be 
executed. 

2.  You  will  be  provided  with  competent  aaaiafe- 
ance  of  officers  and  men  from  the  corpe  of  engi- 
neers, and  from  the  Navy,  with  tents  and  fiMd 
equipage,  with  baggage  wagons  and  horses ;  and 
you  wQl  have  the  free  use  of  the  public  instrn- 
ments  and  books  for  the  purpoees  of  the  survey* 

3.  The  parties  of  officers,  men,  and  assiatants, 
accompanying  you  will  be  ordered  to  confonn  to 
your  insuuctions  \  and  all  the  incidental  expeases 
of  the  survey,  which  are  of  a  public  nature,  will 
be  defrayed  by  the  Government ;  but  your  own 
personal  expenses  are  to  be  defrayed  by  fon, 
whether  you  are  employed  at  home  or  abioad. 

4.  Funds  will  be  placed  from  time  to  time, 


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upon  yoor  fcqstiitimis,  ia  the  hands  of  tha  chief 
offieer  of  the  partj  ftceompuiyiDg  yoo,  to  be  dit- 
boTsed,  opon  yoor  order,  in  the  payment  of  the 
ezpeneet  of  a  pohlie  nature,  and  to  be  aeconnted 
for  by  him  at  the  Treasury  once  at  least  in  e? ery 
three  months.  * 

9.  Yon  will  reeeire,  in  full  of  all  your  services, 
a  oompensation  at  the  rate  of  $3,000  per  annum, 
and  for  all  your  personal  expenses  an  allowance 
SI  the  rate  of  ^2,000  per  annum,  to  commence  on 
the  18th  day  of  June,  1816,  and  to  be  paid  quar- 
terly at  the  Treasury,  upon  your  drafts. 

6.  You  will  make  frequent  reports  of  your 
progress  to  this  Department,  and  deposite  here 
all  the  surreys,  draughts,  notes,  charu,  maps, 
journals,  and  documents,  in  anywise  belonging 
to  the  surrey  of  the  ooast ;  and  you  will  return 
the  public  instruments  and  boon  to  such  place 
as  shall  be  directed,  when  they  are  no  longer  re- 
quired for  the  business  of  the  surrey. 

7.  If  at  any  time  it  should  be  necessary  to  ex- 
plain the  nature  and  extent  of  your  employment, 
your  communications  to  this  Department,  and 
particularly  the  article  submitted  by  yon  on  the 
Idth  of  July,  1816,  will  be  resorted  to. 

It  only  remains  to  repeat  the  President's  soli- 
citude for  a  successful  and  speedy  execution  of 
the  great  national  work  which  is  thus  confided 
to  you,  and  to  assure  you  of  the  esteem  with 
which  I  am,  sir,  your  most  obedient  serTant, 

A.  J.  DALLAS. 

Mr.  F.  R.  HA88LIB,  PhaadOphiia. 

[The  aboTe  conditions  were  assented  to  by 
Mr.  Hassler,  by  letter,  dated  August  31, 1816.} 


Fir9t  Report  to  the  TVetuury  Department  of  the 
United  8tate$  upon  the  eunfey  of  the  coaet* 

The  settlement  of  my  accounts  upon  my  mis- 
sion to  London,  for  procuring  the  instruments  for 
the  surrey  of  the  coast,  bei^  completed  on  the 
Slst  of  July,  1816. 1  returned  to  Philadelphia,  to 
eommotticate  witn  the  Secretary  of  the  Treas- 
ury, Mr.  Dallas,  upon  the  beginning  of  the  oper- 
ations to  actirate  the  work  of  the  surrey. 

Mr.  Dallas  wished  me  to  proceed  immediately, 
saying  that  I  had  no  need  of  anything  more  than 
to  request  from  General  Swift,  commander-in- 
ehief  of  the  United  States  engineers,  the  neces- 
sary military  assistance  $  that  Major  Abert,  of 
the  topographical  engineers,  would  accompany 
me,  take  the  commanid  of  the  militarr,  and  be 
prorided  with  the  necessary  funds  for  the  cxpen- 
iitures  of  a  pubiic  nature  occurring. 

The  first  qieration  in  a  work  of  this  kind  is  to 
find  a  proper  and  well-situated  locality  to  meas- 
uie  a  base  line  of  from  seren  to  ten  miles  in 
length,  if  possible,  by  which  all  the  subsequent 
triangulations  become  calculable.  Plains  oTsuch 
an  extent  of  soUd  ground  without  impediments, 
are  not  frequent  in  any  country ;  and  the  proper 
situating  of  the  bases,  to  eroiw^  a  good  and  ad- 
rantageouB  system  of  triangles  from  them,  re- 
quires always  much  combination,  particularly  in 
aountries  yet  much  wooded. 

It  was,  thefefore,  first  of  all,  neeesaary  for  me 


i 
to  reconnoitre  such  loealiiies  of  the  seashore  aiia 
its  neighborhood  as,  by  a  general  knowledge  of 
the  country^  might  be  most  likely  to  present 
these  requisites  united,  or  at  least  approximate 
them  the  nearest. 

Such  a  locality  I  hoped  to  find  on  the  low 
shores  of  New  Jersey  or  on  Long  Island,  where, 
in  the  first  place,  the  triangles  should  soon  ex- 
tend orer  New  York  bay  by  the  means  of  the 
highlands  of  Nerersink;  or,  in  the  second,  orer 
the  Sound,  by  means  of  the  hills  of  Long  Islaad 
and  Connecticut. 

The  27th  of  July,!  left  Philadelphia,  with  the 
necessary  instruments,  intending  to  meet  Major 
Abert  in  Mount  Holly,  New  Jersey,  to  request 
him  to  accompany  me  in  a  tour  to  the  northAut- 
ern  seashore  of  this  Slate.  His  not  yet  being 
prorided  with  means  and  funds  to  assist  me  pre- 
renting  him  from  coming,  I  attempted  to  proceed 
alone,  but  accidental  impediment  prerented  also 
me^  and  prored  to  me,  at  this  first  outset,  that  it 
would  be  impossible  to  proceed  in  the  intended 
work  without  that  kind  of  assistance  which  I 
had  required,  namely,  miliury. 

I  returned,  therefore,  in  the  hiffh  road  from 
Trenton  to  New  York,  risiting  the  eminences 
which  I  thought  might  afford  poinU  of  triangle 
to  connect  the  bead  of  the  narigation  of  the  Del- 
aware with  the  New  York  bay,  and  attending  to 
the  situation  of  the  roads,  to  see  if  any  one  of 
them  might  furnish  a  proper  locality  for  the  base 
line.  The  result,  howerer,  was  reduced  to  the 
discorery  of  one  well-situated  point  on  the  Sand 
hills  about  eight  miles  southwest  of  New  Bruns- 
wick, which,  projecting  towards  the  eastern 
plains,  is  likely  to  gire  a  good  triangle  point  for 
the  said  connexion. 

The  Ist  of  August,  I  arrired  at  Gen.  Swift's, 
in  Brooklyn,  on  Liong  Island,  to  request  assist- 
ance in  soloiers  and  means  of  conreyance  for 
the  instruments^  d&c.;  which,  howerer,  the  situa- 
tion of  the  military  serrice  did  not  enable  him 
to  assist  me  with.  But,  upon  the  General's 
friendly  inritation,  three  cadets  of  the  Military 
Academy,  Messrs.  Kurck,  £nnet,and  Newton, 
rolunteered  their  serrices  in  the  tour  which  I 
intended  to  make  orer  Long  IsUnd  and  Connec- 
ticut, to  risit  Hempstead  plainsY  which  the  Gen- 
eral thought  one  of  the  most  likely  places  for  a 
base  thereabout,  and  the  hills  on  both  sides  of  the 
Sound. 

In  the  company  of  these  young  gentlemen  I 
left  Brooklyn  the  6th  of  August;  risited  both 
shores  of  Long  Island  as  far  as  Setauket,  and  par- 
ticularly Hempstead  plains,  and  the  range  of  hills  , 
through  the  middle  of  the  island ;  and,  on  Con- 
necticut side,  from  Fairfield  to  New  York* 

The  hills  on  Long  Island  are  so  much  upon 
one  line,  and  of  so  near  equal  deration,  that 
though  some  tops  of  them  are  free  of  woods,  yet 
the  next  wooded  hill  always  corers  the  riew  oi 
all  the  others.  Hempstead  plains,  though  net 
rery  eren,  would,  howerer,  afford  a  good  ground 
for  the  measurement  of  a  base,  but  it  Ties  too  near 
the  hills,  so  that  a  base  could  actually  be  meas- 
ured, which  would  be  the  largest  side  of  the  fiat 


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J^tt0Cp  'pif'tkB  'OMMi* 


tri««glt,  «ad  thetdoM  imaAm  kt  langdi  meleM. 
NtflipsMAd  Httfter  hMl,  whieh  is  the  ooly  point 
prftentiDg  kself  as  a  <hird  poiit  to  ihe  fli»i  triM- 
glo,  lies  <wly  between  three  and  fonr  milet  f^er- 
pendicalarly  from  the  most  diemnt  line  wbich 
ennld  be  mentored  in  tbe  plain.  From  tbie  to  a 
Mi  in  JEaetwoods,  tbe  proportion  of  the  triaogte 
nronld  be  adraninfepoe,  reqnirinf  eniy  eo  eat 
-way  tbfowli  the  wood  on  tbe  top  ef  Hempetead 
Harbor  bul ;  but  then  tlM  nest  oorreepMding 
iMit  wbidh  eottld  be  opined  would  be  about 
White  Plains,  near  tbe  boundary  between  New 
Tork  and  Cemeetient  \  this  lies  so  fiir^ff  as  to 
give  a  loo  aoute-angled  triangle. 

Pron  there.  eastwardSj  tbe  sides  of  the  trian- 
gkaerossing  tne  0oond  wiU  beoomeof  eonsider- 
aMe  len|;tb,  and  it  will  require  earefbl  research 
to  find  disuncea  on  the  sMne  shove eerresponding 
witb  iben,  beeanee  the  elevations  in  Long  Island 
■ve  too  BHwIi  wooded,  and  those  ef  Contteetieat 
da  not  ndmit  rery  distant  riews.  The  connexion 
between  then  night  most  likely  snooeed  by  ooa- 
neetiog  alteniately  a  point  on  tbe  hilts  with  one 
on  the  shore. 

On  the  west  side,  towards  New  York, -the 
•fialitf  ef  the  elevated  lands  northeast  of  the 
eiij  wilt  oblige  to  lay  some  of  the  principal 
MMUls  to  the  west  side  of  the  Hudson  mtt^  \o 
feiHi  the  eonnezion  with  the  bay  of  New  York. 
I  arrived  again  in  Philadelphia  anout  the  18th  of 
Aagait,  and  staled,  in  my  letter  to  the  Treasury 
Department  of  that  date,  the  necessity  to  con- 
tmmt  recannoitriog  till  to  Cape  May,  before  a 
pkn  of -operations  could  be  formed  for  ttie  surrey 
of  thispart  of  the  country. 

In  Pniladelpbia  1  gave  direotions  open  some 
wood  work  to  be  made  for  the  base  measuring 
arraagemems,  and  received  other  works  that 
wete  done. 

Tfce  eadees  who  had  accompanied  me  having, 
ef  oourse,  returned  to  the  Mfliiary  Academy,  and 
Geneval  Sw^l  and  Major  Abort  not  yet  being 
p*e^ided  with  means  to  assist  my  fortber  opera- 
tioas,  (which  means  they  etpected,  however, 
sooB  te  obtain.)  1  employed  th«  time  from  this 
to  the  9th  of  deptember  to  effect  the  removal  bf 
my  family  to  Newark,  without  detriment  to  the 
work  of  tne  survey. 

I  had  directed  Major  Abort  to  meet  me  in 
Senth  Amboy,  with  the  instruments,  (Which  I 
l»wl  left  under  the  care  of  General  Bwif|t.)  two 
eoidiAs,  and  the  necessary  conveyance.  On  his 
Mormatioa  that  he  was  ready  to  repair  to  the 
pinee,  I  met  him  there  on  Sunday,  the  8th  Sep- 
tember, provided  with  a  small  Jersey  wagoo,  two 
jioiees  which  he  had  purchased,  and  two  eoldiers 
from  the  garrison  of  West  Point. 

The  heavy  storms  of  this  month  interrupted 
M  here  till  tbe  leth.  on  which  day  I  went  to 
New  York,  to  proceed  by  water  to  Sooth  Am- 
boy, io  order  to  take  a  view  of  the  shores  of  New 
York  bay  and  tbe, Narrows.  The  ISth  of  Sep- 
tember we  proceeded  on  our  loar  over  the  Ifigfa- 
Inndsof  Neversiak^  Sandy  Hook,  and  Shrew*, 
wy,  which  I  had  intended  to  visit  on  my  flrst 
•«  from  Philadelphia,  and  from  which  we 


plaini 
^1 


hndlasely beea|irareikledbyatofme«  lihelltv^ 
ernnk  presented  us  again  a  chain  of  eJevatwas  ^ 
so  near  aqnal  heights,  that  the  woods  on  iMat  ef 
them  iamde  gveatiy  the  viewaf  «ne  ftaai  elm 
other.  However,  the  beaeh  aadplaia  •f  Leay 
Branch,  south  of  Sandy  Hook,  appeatnd  to  pso*- 
ise  better  prospeds  £sr  a  base  than  IlMiHiiilliiail 
e  vieiied,  tkerefom,  all  the  if  ailiabk 
west  of  it,  and  measnred  the  anaiee  of  ail 
the  preauaent  points  of  the  viemily^ar 
observiag  the  whole  eirele  af  the  kongam 
tbe  theodoltee,as  {  had  dene  already  in  my  iat^ 
mar  exoursioiL  atteadiag  p»tieiilarlf  m  saeli 
points  as  weulo  dirset  a^ien  tke  visible  esMrt  af 
the  Long  Branch  shore  from  the  hills  wharii 
muHbi  become  tto  poiiiis  of  the  iist  trisqgle 

With  atinilar  inouines  we  proceeded  till  eomk 
of  FreeholdL  or  Bioninonth  eouft-hoaeeiy  where 
an  apparently  lastmg  sioem  intertapted  as.  Ov 
horses  had  safiered  neverely  by  iravdliag  in  tlm 
heavy  saads  and  mifihcs;  one  of  thMi  was 
wounded,  and  the  wagon  needed  aouM  repaaia. 
Major  Aibcrt  aad  I  patted,  therefore,  from  eae 
anot^  appointing  to  meet  agaia  foar  days  aftar 
at  New  Bronswtd^  at  which  fiaee  we  Inet  ageili 
the  SfTth  of  September  Wa  waat  to  the  i&int 
on  Saad  hill,  whiah  f  had  visited  before,  aad  pat 
apa  temporary  aignai;  bat  faaaiaess  ptevcatsd 
OS  makiag  aay  observatioa%  aad  also  lo  sea  thii 
sianal  agaia  Irem  aama  hills  sootli  aad  east  af  it, 
whieh  we  visited  under  way  to  go  to  the  sea- 
shore in  an  entedydiractioQ, in sMtreh  ef  poinu 
of  eannexien  toarards  Treatoa  first,  and  ^spin 
fjoom  Shrewsbury  te  the  more  soutKern  show; 
but,  with  the  exception  of  a  beacon  hill  between 
Cranberry  and  the  Burnt  tavern,  no  ioterestimi^ 
brll  or  elevated  point  appeared;  and  ftdm  thS 
latter  place  till  to  the  seashore,  whtck  we  met 
agaia  at  Beaver  dams,  (the  haad  ^  Oraaterry 
bay,)  thick  pine  pfaiins  fully  destsayad  every  «»- 
pecwtion  to  ftad  eitlier  an  advantagaoas  oia^gle 
point,  or  a  loaatity  for  a  base  linsL  whieh  ra- 
flsained,  of  coarse,  yet  our  priaeipnl  oUaet,  as 
Long  Branch  is UMieh  more  lunited  than  lahoold 
properly  wish. 

We  ooatiaaed  our  toate  from  there  eamlMrly 
on  the  beach,  oaiside  the  bay.  mutii  oppasiee 
Forked  river,  where  we  pamed  again  an  the 
main,  baviag  seen  aknoet  nothing  but  fogs  aad 
moscneloes.    We  coatisnad  on  tbe  main  tfaroiv'^ 

Sine  barrens  and  cedar  swampe  aatil  Toeittrtov, 
om  where  we  crossed  ngnan  over  to  see  the  two 
beaches  forming  Little  Jm  Harbor  iatet)  aa4  re- 
turned to  the  nnia  at  Leeds  potat,  aoath  of  Mii- 
lioo  river,  oa  arhich  last  place,  uader  eeoMWhat 
aiops  fbrvarable  weather,  wa  oonirmedoat  faiaaar 
judgment,  formed  on  the  information  eoUeded, 
and  what  little  we  had  been  ab&e  to  seCi  via:  that 
this  country  is  unfit  for  a  svrvey  oa  aa  aztensiva 
scale,  and  can  only  be  surveyed  by  seooadary  i 
detailed  oaeratiooa.  "'*^''  ^'~ — ' —  i-^-^ 
agaia,  as  the  ( 
aagalation,  tl 
New  Jersey,  in  a  Mttbwest  diteotion;  to  Tr 

moot  proper 


garatiooa.     This,  therafora,  indieatm 
eoaly  nossibleroatefor  theaMuatrf* 
,  that  from  the  Neverstnk,  thraugh 
new  Jersey,  in  a  eeatbwest  diteotion^  to  T 
Philadelphia,  and  WilmiagtoO)  which 
always  had  in  eontempUrtioa  as  tim  aoa 

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^^thtmt. 


«d  ndrmtiffioq*  ^  Jii»  yratna  atciMoy  tad 
•p«td  ^  the  work.  Hovcrer,  we  eoBtimied  omr 
9Mite  HP  u\\  Ct^  Maf  iakid  witk  leffiN  te  the 
?i#W9  .|«keo  uf^  1U0  sabjeet. 

Tiie  tkon9»  of  th%  Delawaie  baijr,  fMttiealeriy 
Mif  iie  outlet  into  tlw  tee,  eeemed.  ty  a  general 
Ttew  o£  theif  configHraiuin,  to  ImU  oottseoM  ex- 
peeietieie  for  tlie  maw  oijeei  wbieh  we  iiai  ki 
9itirrHtbe  AniiDg  ef  an  adraniageoM  tawe;  but 
9km  veie  &Uaetoo#. 

Tbe  Maer  ibore  pMonud  jMtbuigiiMMfor 
IM  ijMeadM  wtrpose,  and  only  toMe  projacdng 
low  pointe  ef  knd  mafnl  (mm  eeeoBoary  trian- 
fmlaiieii,  im  tbe  whole  length,  ttli  np  to  Baba, 
vrhwh  we  weee  obliged  le  follow^  en  aoeoont  of 
.tto  inpoeubility  jIo  lObtaiB  a  pasiagi  oeer  the 
htf* 

We  eroined  4be  Dekwaih  opposite  New  Oat- 
U«u  and  proceeded  to  Wilmington,  wheec  e  oon- 
enttetion  with  Cokmei  McLa^  eelleocor  of  4he 
Stale  of  Delawanr,  d^lroyed  all  hopes  of  better 
leHieepe  oe  4he  weatera ehomof  the  bay;  we  liea- 
ilc4  o«ffsel¥ef,  iheaefoM,  to  the  visiting  ef  a  baee 
of  near  three  miles,  ncainred  1^  Muor  Rober- 
immf  Irom  Fort  P^in  ncwthwud,  whieh  eeuld 
hf  no  neeni  enewci  onr  wiahes,  and,  by  gmng 
wn  an  idea  of  (he  namae  of  the  groond.  showed 
that  we  would  kee  nethior  to  trastto  um  nder- 
■wiiione  obtained,  and  woud  spend  oar  time  bet- 
ter in  a  wndy  aetiitn,  to  iniiaive  nearer  into  the 
leenlte  0I  the  reeeaooiasanees  hitherto  made,  if 
paeaiUe  to  tahe  adfaniage  of  the  nmatader  of 
tlM  eeason  to  go  iaio  the  deiaied  iwiniriee  upon 
.  ifao  baee  en  Long  Biaaeh,  dke.  Betides  this,  the 
iwaalher  md? ed  now  no  adeerae  aa  to  firasiiate 
enpien  oar  dosire  of  a  neaeer  inquiry  into  the  ricin- 
Ujf  0/  Wilmiai^pn,  where  the  hiil  on  which  Dr. 
TMlOtt  liret  aeems  to  offer  a  very  gaed  peint  of 
janotwiaffom  the  Delaware  to  the-headof  Chee- 
apaake  hay,  whieh  is  again  the  proper  direeiien 
&  ibe  aaam  triaagolatiQii^  in  like  manner  and 
for  tbe  same  reasons  as  mentioned  with  reapeet 
to  New  York  bay  and  the  Ddaware. 

We  arnred  ia  Philadelphia  the  16th  of  Oaio- 
bar,  nod  I  sec  off  immediately  fior  haaae,  to  make 
thn  narawery  plailing  and  oompadson  of  the 
abeaf^wiioat  and  iniormatiooa  eolleeted  m  the 
^lAbreat  leeonnejasanees  hitherto  related. 

The  result  of  these  inqoiries  was.  that  the 
irtniA  of  Long  Btannh  was  the  only  loealitT,  of 
nU  Ihoae  hitherto  TititedygiTing  any  peofaability 
4a  t^ew  a  bete  Uae  of  only  admiastfale  length,  to 
Jin  aaeaeored  wfmn  ia  a  positien  to  admit  a  eaa- 
linnaooe  of  triangles.    In  tbie  latter  respee^  it 


i^fipeared  snpecmlo  Hempstead  plaiaa,  if  Polhe- 
mm  hill,  between  Coit'e  Neck  and  the  AeademT, 
Wttttld  he  eUowed  to  be  takea  at  imt  triangk 


Miat,  which  depeaded  on  the  length  aad  partien< 
Tut  places  of  the  beach  visible  from  this  hill;  and 
fpi  this  I  bad  tome  hopes,  ae  a  conaideMble  angle 
wae  sabtended  between  the  northernmost  visible 
^peant  of  thaliaaeh  and  the  plate  where  high  pines 
made  it  certain  that  the  aiaw  wee  laet  toward 
ike  eoptb;  the  lower  intervening  woods  i  hoped 
onnld  be  overseen  by  a  high  signal  and  an  ele« 
vated  stand  for  the  instrament. 


Mere  diftetihict  aeemed  to  be  expected  in  ^he 
taeoad  aeeestaiy  requisite,  that  of  determianig 
by  the  irti  trtangles  two  points,  ooe  near  the 
eatt,  the  other  near  the  west  ead  of  the  Ne?«r- 
tiak  highland,  which  wonld  be  visible  from  one 
another,  and  presents  eofieieeftiv  extensive  line 
open  to  the  view  of  tbe  shores  of  Hew  York  bay, 
and  for  4he  further  oontinoanee  of  the  snrv^ 
aorth  and^east  ef  it. 

To  iaqaire  iato  the  deutts  of  these  rwo^es- 
taeas,  it  beeeme  necessary  to  go  egain  to  the 
pkee«  I  went,  thereiWe,  to  New  York,  to  re- 
qoest  ftf  Oeneral  Swift  the  necesserv  asststanoe. 
and  partioolarly  that  of  tbe  two  soldiers  who  had 
acegmpanied  as  before,  whom  I  wished  to  meet 
me  ekaer  at  hlooat  Pleasant,  Middletown  towe- 
thip,-on  the  8th  of  October,  or  at  Long  Braneh 
•antonmfiitoredaf.  I  wrote  alto  to  Major  Abert, 
reqneatiag  Ut  pretence,  with  the  neeesmry  means 
of  assiataooe,  at  the  same  places  menttoned ;  or, 
in  case  he  elkrakl  net  be  atAe  to  come  himself,  to 
sand  me  the  wagon,  with  hortet,  the  lattrumeBtt, 
and  seme  taols. 

By  aa  excarsioa  from  home,  daring  the  period 
I  etaid  ithere,  I  had  also  visited  the  vteiaity  of 
Newerk,  Bnake  UiU,  and  Bergen  Neck,  to  as- 
certain the  probability  of  finding  soch  joints  as 
coald  serve  to  eonaeet  from  the  Neversink,  and 
theeagh  fitatea  Islaad  and  Long  Island,  ^ 
oooatry  northeast  of  New  York,  and  tbe  foftber 
hills  af  Loag  Itland.  This  I  think  possible.  In 
a  tatisfitctery  meaner. 

I  went,  the  4th  of  November,  npon  Btaten  bl- 
and to  aseeitain  the  necessary  points  for  the  con- 
nesion  fost  inpntioaed  nnder  way  to  the  main 
object  m  which  I  had  appmated  to  meet  my  as- 
eistanta.  I  asade  nse,  for  this  intermediate  part, 
of  a  email  pocket  intirnment,  lent  to  me  by  Gen- 
eral Swift,  and  took  my  ton  with  me  as  assistant. 
I  lonnd  several  very  saitelde  pdntt  for  my  par- 
poee  apon  the  hilt  of  the  northern  ^rt  of  the 
Itland,  among  which,  to  make  a  choice  will  be 
the  tatk  of  ftuare  arrangements,  w4ien  the  points 
sooth  of  the  bay  wiU  be  determined  open, 

A  Haw  heart  efter  I  had  arrived  at  Moom 
Pleaaant,  the  appointed  day,  I  received  from 
Ma|ot  Abort  onr  wagon,  with  two  hired  horsey 
and  a  driver,  together  with  the  instruments  eaa 
toolt  reqohped.  He  conld  not  come  himself,  for 
want  of  fmidt  to  ^ftny  the  expenditaret  of  a 
pabiic  nature  which  I  had  meationed  to  him. 
The  soldiers,  also,  did  not  come,  and  did  not  join 
nae  afterwards  dnring  the  coarse  of  the  Mlow- 
iag  opeiatieas.  I  kept,  therefore,  my  son  with 
me  aU  the  tim^  to  have  at  least  his  assistaace, 
being  mnch  in  need  of  it. 

As  the  Fire  Bfaeon  hiO,  in  Mr.  Nett%  farm, 
al>oot  one  auie  west  of  the  wooded  hill,  partioti- 
larly  called  Mooat  Pleataat  by  the  teamen,  it 
hid  from  the  eatt  by  the  wooded  parts  of  the 
highlaads,  I  ixed  a  siaaal  to  a  tree  npon  the 
highest  part  of  Meant  Pltasaat^  which  it  thickly 
wooded,  to  atcertain  itt  petition  aad  vitibility 
from  the  places  I  was  going  to  visit,  as  I  bofA 


it  miaht  become  the  weetem  point  of  the  Ne- 
\£k  which  I  was  in  qnest  of;  and  I  e^ 


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Mrred  that,  in  an  eatterlf- dtreetkm,  it  would 
afford  a  Tiew  of  the  easteni  nart  of  tiM  highlands 
at  a  considerable  distance,  it  a  way  was  cut  for  it 
thronffb  the  wood  on  the  spot.  Then  I  pro- 
ceeded to  Polbemas  hill,  as  the  first  point  from 
the  base,  and  distiDgoished  plainly  ray  signal  on 
Mount  PieasaoL  Proeeeding  from  thenpe  to  Long 
Branch,  I  found  the  sootfaemmoBt  part  of  the 
plain  intercepted  by  three  marshy  creeks  or  ponds 
lying  in  deep  hollows ;  this  was  the  part  which 
Md  been  hidden  from  the  direct  new  of  Polhe- 
mos  hill  by  apparently  low  woods.  I  proceeded 
until  Deal,  where  the  open  plain  changes  into  a 
thick  pine  wood,  and  a  large  pond,  with  an  inlet 
from  the  sea,  woald,  at  aU  erents,  interrupt  all 
further  extent  of  a  base.  This  I  considered  to 
be  the  sootbernmost  point  of  rtew  from  Pol- 
henus  hill,  mentioned  abore.  Under  an  angle 
corresponding  about  with  the  direction  towards 
Polhemus  hill,  the  wood  appeared  rather  lower 
than  on  the  sides  of  it ;  but,  being  without  suf- 
ficient assistance,  I  could  not  erect  a  high  signal 
to  tr^  the  effect  of  it  upon  this  view,  or  upon 
that  in  the  diMction  of  the  beach  itself,  which, 
beiiig  much  more  elevated  in  the  intermediate 
IMurts  between  this  and  the  probable  northern  end 
of  the  base,  interrupted  naturally  also  this  riew 
from  the  ground  at  Simplemaa^s  Height.  To 
aflcerUta,  howerer,  by  obsermtion,  on  my  return, 
in  which  places  a  line  drawn  from  thi^  nwth- 
wardly,  would  pass  the  creeks  mentioned,  I 
erected  a  plank  on  this  spot.  Better  than  two 
miles  to  the  north  of  this,  in  Mr.  West's  farm, 
lies  a  hill,  of  gentle  ascent,  and  about  fifty  feet 
eUration :  from  this  the  prospect  extends  itself 
pretty  freely  for  most  of  the  interesting  pohits  of 
the  f  icinity.  As  to  Polhemus  hill,  howerer,  it 
was  uncertain,  because  the  direction  for  it  &Us 
for  about  six  degrees  within  more  wooded  parts 
of  the  Tiew.  This  hill  seemed,  howerer,  so  ad- 
vantageously placed  as  to  make  it  desirable  to 
form  Uie  south  end  of  the  base ;  therefore,  I  made 
a  signal  and  the  necessary  observations  upon  it. 
On  the  north  part  of  the  beaeh,  in  Mr.  WardelPs 
&rm,  I  found  a  point  which  enjoyed  a  fall  view 
both  of  Polhemus  hill  and  West's  hill,  in  suah  a 
direction  irom  the  latter  as  just  to  avoid  a  pond 
lying  near  it,  and  probablv  admitting  good  ground 
on  the  whole  length  of  the  line  of  a  base  laid  be- 
tween them,  which,  therefore,  I  conceived  proper 
to  become  the  north  end  of  a  base. 

In  searching  for  a  second  point  of  triangles  on 
the  east  part  of  Neversink,  I  came  upon  Portland 
hiU,  enjoying  a  commanding  view  over  Long 
Branch  and  Sbrewsbury,  with  the  advantage  of 
seeing  the  light-house  on  Sandy  Hook.  I  had 
every  reason  to  believe  a  mountain  seen  towards 
the  west  to  be  Mount  Pleasant;  and,  as  far  as 
Eddy's  map  of  the  vicinity  of  New  York  may  be 
considered  as  a  sufficient  approximation  to  com- 
pare with  anyi  preliminary  rough  calculations, 
seems  to  agree  with  it,  and  also  its  position,  about 
west,  seems  to  correspond  with  the  remark  made 
there. 

If,  therefore.  Polhemus  and  West's  hills  could 
have  been  vbible  one  from  the  other,  I  considered 


ay /first  triangle  aa  sketobed,  and  fomnag  «h« 
system  joined here^No.  1,* whieh  I  made  mdar 
this  supposition.  .The  triangles  of  it  are  wM 
enough  proportioned  and  grounded  up6a  a  bne 
of  about  five  miles.  To  ascertain  this  possibility, 
I  began  by  erectin|^,  on  West's  hill,  a  signal  abmit 
twenty  feet  high,  m  form  of  a  tripod,  made  of  a 
ladder  and  two  stack-^wles,  from  the  top  of  which 
the  view  extended  itself  more.  Then  Mr.  West 
volunteered  his  assistance  by  firing  signals  wM 
gunpowder  by  night,  three  times,  at  interral^— 
about  one-third  of  a  pound  of.  powder  each  time, 
of  which  I  shouUl  have  been  able  to  obserre  the 
flash  on  Polhemus  hill,  where  I  went  wiik  tkm 
theodolite,  and  left  it  in  the  position  in  which  it 
had  served  for  the  observation  by  day.  Neither 
of  these  two  triab  succeeding  to  render  the  plau 
visible,  Mr.  Polhemus  assisted  me  the  following 
night  by  lighting  a  torch  of  tar  and  heap  on  a 
pole,  near  the  signal  upon  his  hill,  while  I  was 
upon  West's  hill,  burning  simultaneously  a  lar- 
barrel  filled  with  shavings  and  tar  mixed ;  how- 
ever, also  this  proved  unsuccessful;  neither  of  us 
saw  the  signal  of  the  other. 

To  observe  all  the  signals  made  in  the  Tioimtor, 
to  get  the  data  required  for  the  sketches  of  trianne 
systems  joined  here,  I  went  under  way  in  we 
various  courses  which  these  trials  oeeasioned  me 
upon  the  intermediate  point  of  Cedar  hill,  from 
which  all  these  points  are  visible,  though  it  lies 
itself  too  near  the  base  to  serve  as  a  main  point 
of  the  triangulation,  as  it  woald  occasion  a  eon- 
plicated,  long,  and  not  well-proportioned  system 
of  triangles.  There  the  eireumstanee  oeettrred 
which  occasioned  my  letter  of  the  18th  iBscant, 
to  which  I  take  the  liberty  to  refer  in  this  respeett 

Polhemus  hill  u  the  prmcipai  point  ap«n  which 
the  first  triangles  mast  torn  if  a  base  is  measored 
on  Long  Branch ;  there  is  no  point  4n  the  vietnily 
which  can  be  substituted  for  it,  as  I  have  con- 
vinced myself  by  a  proper  iaYesUgatioa  on  oiy 
return  here. 

In  passing  over  the  highlands  of  Neversink,  I 
visited  also  Beer's  hiil,  which  stands  in  the  ran|;e 
of  it,  has  the  view  of  New  York  bay,  and  adttHs 
a  sight  of  the  light-house  of  Sandy  Hook  through 
the  wood,  under  favor  of  their  present  nakedness; 
but  the  weather  did  not  allow  me  any  ebeet- 
vatioBs. 

The  invisibility  of  PoUienras  hiU  from  Wee^s 
hill  occasioned  me  to  project  new  systems  of  tri- 
angles, grounded  upon  a  change  of  position  in  the 
base,  which,  I  think,  might  be  admlsttble  by  the 
nature  of  the  ground,  and  in  respect  to  the  Tiew 
from  Polhemus  hilL  In  the  direction  from  thm 
(in  these  projects,)  to  determine  the  position  «t 
this  new  base,  the  sea  is  well  visible,  and  theM- 
fore  a  somewhat  high  signal  should  be  wmkk 
also. 

To  inquire  into  the  possibility  of  these  plans,  I 

*  This  sketch,  ss  well  as  those  subisquentlyrsftned 
to  in  this  report,  b  emitted. 

fThis  latter  relates  to  m  suit  brought  by  a  Mr. 
Hohaes  lor  a  trespass  in  cutting  one  of  his  trecib  to  he 

used  as  a  ngnaL 


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iatended  to  mmke  a  longwr  stsf  at  Lo&g  Bnmeh, 
Imi  was  determined  to  jMWtpona  this  inoiiiry  od 
aceoimt  of  the  circumstaaees  mentioned  in  m^ 
letter,  and  the  want  of  sufficient  assistance ;  it 
being  necessary  to  have  night  signab  made  in 
▼arioos  places  at  once.  I  had  intended,  also,  in 
case  of  success,  to  make  the  detailed  surrey  of 
the  plain,  which  is  necessary  before  the  actual 
measurement  of  the  base,  in  order  to  lay  it  out 
free  of  impediments,  and  direct  the  preparing  of 
the  grouno  for  the  base :  the  same  reasons  made 
thia  impossible. 

In  the  triangle  system  No.  2,  the  only  change 
made  is  in  the  position  of  the  base,  which  b  laid 
more  north  and  close  to  the  seashore.  There  re> 
mains  to  inquire  if  the  north  point  b  admissible, 
so  as  required,  without  leading  the  base  through 
a  pond,  which  is  near  it,  learing  onlv  a  narrow 
b^h  between  it  and  the  sea,  and  if  the  riew  of 
Polheraus  hill  remains  open  orer  the  protraction 
of  Cedar  hill.  No.  3  is  grounded  upon  the  possi- 
bkity  of  seeing  the  ligbtthouse  o£  Sandy  Hook 
and  Mourn  Pleasant  from  thb  same  point ;  and 
No.  4  substitutes  Beer's  hill  for  Mouiu  Pleasant 
ia.tke.laat  plan,  to aroid.the cuttingont  of  riew 
ift  the  woods  oi  Mount  Pleasant*  Thb  last  sirs- 
tem  b  the  aaost  preferable,  but  also  themostdoubt- 
fill* .  To  inquire  into  the  possibility  of  either  one 
of  these  systems,  the  present  season  of  the  year  b 
the  most  farorable,  on  account  of  the  nakedness 
of  the  woods  and  the  clearness  of  the  colder  at- 
moepbere ;  I  should  like,  therefore,  to  be  properly 
aasbted  for  so  doing.  I  intend  to  write  to  Major 
Abert  to  that  effect  as  soon  as  I  know  him  pro- 
Tided  with  the  necessary  means. 

For,  the  case  of  none  of  the  above  plans  being 
admissible,  I  rerbited,  with  proper  attention,  in 
my  return,  the  roads  between  Brunswick  and 
this  place,  the  straightnessof  which  might  induce 
to  believe  them  fit  ground  for  a  base  line :  but 
they  are  entirely  useless  for  the  purpose,  unless  I 
should  be  obliged  to  content  myself  with  a  line 
of  only  four  miles  between  here  and  BUxabeth- 
town,  which  would  occasion  a  number  of  iheon- 
▼enienees  and  a  complication  of  small  triangles. 
.  I  arrived  again  here  on  the  18th  instant,  and 
sent  next  day  the  wagon  and  horse  back  to  Major 
Abert,  keeping  the  instruments,  as  the  theodolite 
waau  much  repair,  though  in  no  very  essential 
puts.  I  had  bought  the  two.  small  comaMm  and 
strong  theodolites  expresslv  for  similar  purposes 
aa  beuer  instrumenu  would  have  been  destroyed, 
by  such  conveyance. 

The  telescope  I  supplied  by  a  ship-glass  of  mine, 
after  seeing  that  the  better  ones  of  the  Qove^n- 
mentis  collection  would  be  too  much  exposed  by 
the  quick  travelling.  F.  R.  HASSL&R. 

NawAUK,  N.  J.,  November  83, 1810. 


f     Report  upon  the  operaHom  made  in  ike  Spring  of 

IS17  for  ike  emrwey  of  ike  eoaei* 

t         The  locality  of  Long  Branch,  on  the  Jersey 

coast,  which  had  been  visited  in  demil  last  Fall, 

f      wIMi  a  view  to  measure  there  a  base  line  for  the 

^     survey,  not  having  been  found  saffieientiy  ad  vanta* 


ras,  it  occurred  to  me  that  a  better  locality  might 
furaished  by  the  valley  of  the  Hackensack 
river,  west  of  the  North  River  mountains. 

In  a  reconnoilering  turn,  between  the  16th  and 
28th  of  April,  1  found  that  the  valley  of  Bnglbh 
Neiffhborhood  and  Tinively,  at  the  west  foot  of 
the  North  River  mountains,  would  afford  a  suffi- 
ciently extensiveand  suitable  ground  for  the  meas- 
urement of  a  base  line,  from  which  the  first  tri- 
angle point  could  be  bid  on  the  Weasel  mountains 
near  nterson,  in  the  ridge  of  Newark  mountains, 
first  range ;  presenting  to  the  east  a  naked  rock, 
those  north,  to  the  road  from  Acquackanonck  to 
the  Little  Falb  of  the  Passaic. 

The  first  op^atioas  becoming  necessary,  then, 
were  to  survey,  upon  a  large  scale,  the  deuils  of 
the  locality,  in  order  to  ascertain  fully  its  fitness, 
and  to  make  a  proper  choice  of  the  ground  through 
which  the  base  line  should  pass,  and  of  the  {{laces 
of  the  end  stations;  to  make  the  preliminary 
measurement  of  this  base;  and  to  place  the  sig- 
nab of  the  first  triangle  scheme  to  be  formed  upon 
it  with  the  approximate  measurement  of  the 
angles,  to  direct  in  a  proper  choice  of  stations, 
with  several  other  works  incident  to  these. 

These  operations  were  executed  between  the 
7th  of  May  and  10th  June  last.  I  made  a  detailed 
plan  of  the  part  of  the  plain  through  which  the 
t>ase  shall  pass,  on  the  scale  of  1-8000  with  the 
plane  table,  as  the  instrument  best  adapted  to 
this  purpose.  Two  preliminarv  measurements 
of  the  line  were  made  with  a  chain  constructed 
for  the  purpose^  givioff,  by  a  mean,  30,902  feet, 
with  a  very  trifling  difference  between  the  two 
measurements ;  and  the  signab  were  placed  for 
the  sketch  of  triangles  joined  here,  (No.  1,)  which 
are  to  be  grounded  upon  this  base  on  the  west  of 
the  bay  of  New  York,  joining,  in  the  south,  those 
on  Neversink,  of  which  I  forwarded  a  sketch 
lastFalL 

To  plan  the  continuation  of  the  survey  east- 
ward, It  became  necessary  to  reconnoitre  the  part 
of  Long  Island  from  its  west  end  till  to  Hunting- 
ton and  Babylon,  which  was  done  in  a  turn  be- 
tween the  19th  of  June  and  6th  of  July ;  the  re- 
sult of  which  is  the  sketch  of  triangles.  No.  2,  in 
which  I  hope  to  find  a  verification  base  between 
Fort  Lewb  and  the  east  end  of  Qravesend  beach. 
In  thb  turn  it  would  have  been  very  advantageous 
if  I  could  have  obtained  the  assistance  of  some 
moro  officers  or  cadets,  whom  I  could  now  send 
there  to  p!^t  siffuab  to  here,  as  the  junction  from 
hereimmediatdy  would  be  the  most  advantageous, 
but  b  uncertain.  I  abstaiaed  from  extending  thb 
reconnoitering  turn  to  the  north  shoro  of  Long 
Isbnd  Sound,  which  would  have  required  about 
ten  days  more,  on  the  following  considerations  9 

1.  The  season  was  so  eminently  favorable  that 
I  was  anxious  to  take  advantage  of  it,  for  the  trial 
and  adjustment  of  the  instruments  and  the  exact 
measurement  of  some  trbngles,  which  was  abo 
very  desirable  to  give  a  more  certain  ground  to 
the  planning  of  further  works,  than  that  which 
was  obtainable  by  the  preliminary  approximate 
observations  upon  objects  not  sufficiently  deter- 
minabb. 


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ShnMy  f^  Ai 


iqg  about  sixtMB  iaeh«t  btigbt  by  ao'eqliti  base, 
and  aboiu  ibttrUHi  ieebta  top»  fr«ai  wbkb  tb«y 
ta^er  aH  coaa  obiota  aofolav  top,  by  wbieb  tbdy 
aia  aailid  on  tba  top  of  a  pole;  it  wat-nactaMttf 
ta  be  sura  of  tbeir  gagaow  io  propofCioQ  «a  tbir 
dinaacas  of  tbe  statiaos  aad  tba  pawet  of  tkatal- 
aaaopia  in  my  ia^traneatfc  Tbay  bave  prated 
to  aoawar  very  waAl  ia  a  moniar  or  etraaiog^  i^ 
laniaatiooi  tba  oaly  oaa  uodar  wbiab  objceis  ara 
di«iio«tijr  visiblat  aa  aboai  oaaa  even  alaaplai  be«^ 
eotaainviMbla:  tbay  pieMni,th6B,abrttfatrtflta-> 
tioo^  from  tba  saa  ;  aad  I  faiiure  «tes  koa  btea 
aad  upon  Bear's  bill|  ia  tbe  Nataniak  bigblabd% 
at«  diftaaaa^  aMia  tban  tbinr  nilat  iaa  difttet 
liaa* 

Aa  tba  poiat  of  Wtafat  aKHMttatOy  wbiab  I  aak 
naw  opo%ie  tba  first  triaagia  paiaia£tap  iba 


aa(l%  aad  a  solid  iooJl  abooc  six  kaadred  and 
tweatfhfirafeacabaiia  tbe  \t^^U  tba  saa^  ^^\l^y 
iaf i  aa.  estaoiiia  aaatara  viair,  laelaeiad in  wr 
tba  firti  paioi  of  eaaM  oprsaiioosi  aai^  tbe  tiialar 
aada^jjBafwalsofibaintiaaaatSj  wbiab  letaifdi 
akaadyi  ioi  aa  aaily  lattti\  aabeiagi  btM  dona  on 
tbe  first  ata^kNiiof  tba  aataal  wmraf » 

ii  waa*  ta«  ba  axpaatad  tbat  il»  iaetraoMats 
waalA  tiaad  aMioii  in  need  of  maay  adjatOnenAt 
aAar  a4oaf  ▼ovnft  oaca  seaaadeomalan  ttafal^- 
lina  dwiag  wfeim  tbay  nuist  of  aantsa  baoonfiaad 
ia  oozas,  aad  ftaqaantlf  under  nnaqnal  psesenia 
of  tbair  difiarant  parts^  Indeed,  tbey  bad  att  last 
avary  kind  of  a^iastmanL  and  recovarad  tbair  fiea 
stata  cad  epriag  oaly  alter  bariof  beaa  set eral 
daps  freed  of  tbair  boxes^  Tba  two-feat  tbeodo- 
liiaisaani^  besides  tba  lass  of  tba  adJnsiaiaMs,  to 
liav«  wct'with  an  aecidaat.  whieb  baaoofeanaaad 
it  to  baeome  ecaanfirie,  and  bas,  tbarefora,  giraa 
ne  omeb  parpiaxiag  work :  it  wiii  grre  me  still 
iBore  to  briog  it  right  again  |  I  shall  use  every 
exertion  towards  it.  Notwithstanding  fjris^  tba 
aagles  wbiob  1  maasnrad  with  it  give  oitimataly 
gaad  ieayhs,as  tba  nataraaf  its  aonstrvaiioa  tends 
¥aM5  Mub.  to  aotraet  its  own  atrars. 
^  Tba.  eightaeaHittcb  mnltip^ng  oirdej  similar 
to  tba  oaa  I  leat  fi»r  tba  dalerminailoa  of  tba 
Nartbivtt  baoadaiy,  daMniltng,  by  tba  natnie  of 
lie  aanslraecioiu  rary  Ikila  as  iia  ad^tonato, 
baa  giraa  mm  tba  laeat  tmabla^  notwiibetaadiag 
ila few  adjaMoieais  were  loaialaa.  LsfaailMnd 
niara  in  naedol  tbis  iaswaaMot  in  tba  field  tban 
L  tbaagbl^  as  I-shail  hava  xm  obwiva  in  ligba* 
baaee^  siaaples^  aad  bigb  boiftdings,  wbeie  tba 
tbaadakta  kind  of  iastnimaats.  oaaaot  be  bsmI* 
BMidas^  tbisi  tba  asarononiiaai  abseraainiB  on  to 
baaudaby  it. 

Tbie  kind  af  iastoaaMst  being  best  adapted  ta 
supply  in  aa  obsetfiatory  (tba  eaastiveiiaa  of  at 
least  ana  of  wliieb  baeomea  now  in^ttnansabla  to 
tba  adraaaemeni  of  tba  sarray)  tba  abeaaaa  of 
tba  mnial  iastramant,  1  mast  wish  lery  mueb 
tbat  tbe  oaa  lent  Ibr  tbe  beaadary  may  ba  re* 
toraed  immadiatelYr  after  tbat  senriaai 

Tba  repeating  thaodokte,  of  one  foot  diuneter, 
bang  ealcnktad  for  transpastability  mora  tbaa 
tU  large  iasanments,  bas  also  saffered  more  by 
tba  voyage  tban  any  other;  and  it  has  prefed 


that,  witb  maftectaare  aad  mpbiitkni,  irgiaaa  tbia 
ingles  witik  as  maob  aeayaey  aa  toe  gieat  t\Ms-» 
odotitOy  sa  tbar tbe  advantagn  of  tbe  larger  iaatra^ 
ments  oaer  tbe  sBttlle^eonsist  pvinelpauy  in  tka 
power  of  tbe  taleesopa,  wbieh  is  of  eoorsa  pto* 
portianable  lo  tbaif  siac^  aad  will  nnka  it  ptiiui 
able  for  tbe  greatest  distaaees.  Baeidaa  wbea  I 
sbatf  IttTe  brangbit  tba  two4eet  tbeodotita  fiiUy 
rigbt  again,  it  will  ba  move  axpedttlve,  pavtiaa* 
laHf  in  a  pfeearfoaaatate  of  tba  waatber. 

As  fur  ae  I  have  beea  able  fa  try  ibe  refiaafiM 
circles,  and  other  iostrnments,  tbej  baFe  pferad 
saiisfiMtorf ;  bat  it  was  jast  in  th&  pm  tbat  any 
dlstasad  band  and  ibawaat  of  ■wiuianca' were  eg 
impedii] 


tbe  OMet  impedimeat,  ta<  far  aa  lebaaa  to 
ratUMM  F.  a.  fffiHaLBB. 

Wajwaii  MkyvMtiifi  jtar-  ^  1917* 

QaAraaaaa  BaAoa»  om  LoMa  ImMok, 
i>froartgr^l8^7. 

Maai^IioicoaaaSni:  Itwoald 
liaiV^i^  <^  eaama  o£  my*  inscn  i 
rapatt  ntibn  wof  praaeadsngs  nttba  savaay  of  tiM 
caasty  but  tbe  fiwosabla^ivaatbaFWbiak  bas-lataly 
pieaailad  peeuedapem  ma  t»mke  advaamgeof 
allm|Ftiandn<ib»woikitasll^  lytpaUad^ttwa' 
fere  till  now  ta  gira  ysaa  a  maia  deteminad  TieW 
ofwhat  wiarfc  I  amy  ea^aat  to  fhUH  in  tba  < 
pama  of  tbia  yvar^ 

The  a^atb  of  Ombui  baaing  bant  fery  i 
▼arable,  by  almaet  oanstaat  bad  wfeatber.  mf 
¥Pork  was  sa  nMieh  delayed  at  that  period  tua  tt 
seemed  almost  to  piobtbit  bme  to  fiilfli  tbe  plai^ 
I  bad  propoeed,  and  of  wbiab  I  bad  tile  bonor  la 
giTa  yoa  an  idea,  by  tba  two  afcessbeaof  trfaa- 
glee  forwarded  ia  tba  earUer  pait  of  tbe  abaaon. 

While  on  Statra  blaad,  m  tke  eonree  of  last 
month,  tbe  weather  elmied  op  sa  ftiYorabty,  witb 
tbe  beginning  of  tbe  aeldf  tbat,  my  expeeiatiena 
being  agata  raised,  I  began  the  work  witk  tba 
seeoad  of  tbe  two^skaiebae  allnded  to,  iaclodiag 
part  af  Long  Islasd,  to*  I  bafreeomeiaitso  m 
aa  ta  be  aow  jast  laanag  tbe  saeand  station  of 
tbaTeriieaiiaa  base,  to  ga  to  Beaba way  baadt  ta 
conqilate  that  past  el  tbis  triaagb  abbema  wkiftb 
leeatiamteia  farmy  tmfc  of  tinayear. 

Tban  Isball  yatgetotbe  aartb^cwiof  tie  baM 
ifr  Ttarfelr^  where  tbe  angles  eaald  not  be  ab^ 
eeraedwbdathe  laafaawaset  on  tfeetmes^  buiaw 
the  smala.  to  be  nied  sliow^  torn  tbara  oady 
tbroogb  tbei  taps  of  r' 


tbe  trees*  af  i 

wood,^througb  which  it  would  baaebtafrdlflbnic 
t»  amke -a  pse|ier  aat^ 

At  tbb  staiiottof  BargefrNeek  itwsaneeesamf 
to  cat  large  tram  to  open  tbeYiawof  abittea 
Stacaa  Iskad  in  Vke  Presideat^TampkiaK^  lasi^ 
which  commands  sack  a.faf«mble  prospect  aaat 
all  New  York,  its  harbor  to  the  sooth  of  Long 
Island,  as  to  hare  become  the  most  foTorable  to 
tbe  aocalaraiioa  of  ^bia  yaar^  work. 

The  resalta  of  my  obsatfUionk  hare  prored 
▼ery  satisfactery  ia  paint  of  adcnraay*  Aa  fer  as 
tba  preUmiaary  ealeaiatioas  baTC  led  kitbetto^ 
the  same  of  tboee  triangles,  of  wbkb  aU  tbtaa 
iaagfteaaiea«asaied)  baiag  witfaia  akoot  oaaaaa- 


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aifii 


A2V9KDSX. 


fhtr9$fii  eT  the  Cocut. 


ooa  iBik mMA, e^iuU. to  lino  tlghi tiii^es ;  and  the 
distances  eoncltided  by  various  elements  agree* 
log  in  a  ssetQ  within  aboat  one  foot  in  distances 
from,  eight  to  twenty  miles.  So  that  every  desi* 
rable  accuracy  is  likely  to  be  obtained  by  the 
proper  combination  and  reduction  of  the  obser- 
TaUoas,  and  their  aocnrate  calculation,  which 
must  be  the  work  of  this  Winter ;  and  the  results 
will,  I  hope,  enable  me  to  bcttin  next  Summer  the 
detailed  survev  of  the  part  of  the  country  in  which 
I  have  worked  this  year. 

It  is  however  neceasary  for  this  that,  the  season 
notwithstanding,  I  persevere  in  the  work  for  the 
two  stations  mentioned,  in  or4er  to  obtain  all  the 
elements  necessary  for  the  accurate  calculaiion 
of  the  whole  system  of  tUa  year's  work.;  aod 
I  can.  speak  decidedly  in  thfis  respect  only  after 
the  full  cLoaure  of  the  campaif^  and  the  execor 
tion  of  the.  osain  paf  i  of  the  oakiilations«  I  must 
therefore  now  be  satisfied  with  the  abova  short 
statemiMit  of  the  manner  ia  which  the  pton  has 
bff  a  noted  u^ioi^  which  I  had  the  honor  to  csim* 
DMWcaM  to  you  at  the  b«ginning» 

F.  R;  HASSLEIU 


Nfiw^RK,  (N.  J.,)  Dec  18, 1818. 

Moac  HoMOEBO  Sir  :  Unforeseen  exipensee 
oeeafaon  me  to  take  the  lihaity  to.  reqaest  the 
£av»ff  to  forward  me  the  aaaoimtof  my  oompeim- 
ltoA  for  the  quarter  which  will  expire  the  mat  of 
next  March,  by  a  draft  of  $1,250  upon  anvof  the 
banks  of  this  neighbothond.  You.  will  ofalige  me 
very,  muck  by  it. 

I  ha.ve  just  returned  from  Rockaway,  where 
the  bad  weather  has  frustrated  me  of  the  hopes 
to  make  that  station  yet  this  year;  which  there- 
fore rcoaains  postponed  to  next  Spring,  with  some 
more  in  that  neigborhood. 

I  intend  to  take  soaie  of  the  first  fair  daya  to 
make  the  station  at  the  north  end  of  the  base,  and 
shall  later  make  the  observations  on  the  station 
here  in  the  high  part  of  the  town.  I  shall  also, 
in  the  conrse  v  tius  Winter,  OMike  a  series  of  lati- 
tude obaervjitions  here^  and  for  that  porpoae  fix  a 
proper  sh^Uered  place  for  ofaaerviag. 

The  verification,  base  having  agreed  in  its.mea* 
surement  so  exactly  with  the  results  of  the  calcn- 
latioDs,  the  execution  of  the  two  stations  above- 
naenitioned  during  thin  Winter  will  enable  ma  to 
pro^nee  the  btfinoing  of  deuilad  svrveya.  next 
ppi ing,  tboagh  the  base  in  Baglish  Neuvhboriiaod 
is  not  yet  meaaured  with  the  means  of  acooraey 
which  it  is  intended  to  eatploy  bv  the  apoaratas 
lAtendcd  for  it.  The  possible  dtfitrenoa  affecting 
only .  very  large  distances,  I  dare  safely  postpone 
this  so  very  important  partof  thewoik  ontil  next 
Summer. 

It  becomes  therefore  intareating  to  know  the 
intemiens  of  the  Licgialalnre  of  this  State  in  re* 
apeei  to  the  plan  I  proposed;  for  wkieh  piirpoae 
I  shall  in  a  few  days  speak  with  the  Governor, 
who  has  in  answer  to  my  letter  said  he  woaU  pro- 
pose it,  and  expected  an  early  decision  in  what  is 
called  the  long  session  in  January. 

I  here  the  honor  to  join  Imm,  on  .a  small  scalci 


a  sketch  of  ihe  uiangles  execiUed  this,  .year,  and 
within  which  the  detailed  survey  can  be  begun. 
In  the  course  of  this  Winter,  I  shall  have  the  honor 
to  present  to  you  the  results  of  the  calealatioBfli 
and  projections  of  the  triangles  in  the  papers  to  be 
used  for  the  detailed  surveys  which  I  shall  now 
work  upon.    I  have  the  honor  to  be,  die. 

F.  R.  HASSLBR. 
Hon.  W.  H.  Gbawforo* 


Statement  ihowine,  the  amount  of  appropriatione  for 
the  Survey  of  nw  Coaetf  Ifo  amoant  of  warrmUe 
drawn  upon  thou  approffviatione^  and  the  balance 
of  aapnmnaUon  remaimng  w  the  T>eaeury  appU' 
cable  to  tkatobfeet;  also  tne  eeveral  amounts  from 
time  to  time  oanied  to  ihe^  Surpim  Fumd. 

▲PPKOPBUTIOirS. 

Apprapriatad  in  1807  -    |[tH)AN)0  00 

Appropriated  in  1S13  48,SM  tS 

Appropriated  in  1816  .      84;441  U 


Total  appropriatio 

ns     - 

PRSDITU  RS8. 

§l^CfU  36 

BX 

Dra¥nk9^fou.wanmUi,k^  favor  of  the  fbUowing  per^ 

spyfs./ 

Name.           1 

D«(e. 

Amount. 

Isaac  Briggs 

April        7,  1808 

»7ia  7ft 

Surplus  fond 
F.  R.  Hasaler 

Dec6m'r31,18l0 

49,284  26 

April        8,1812 

100  00 

Bowiftd[;Karta.     - 

Jone       11,1812 

8388  89 

F.  R.  Hassler 

June       30, 1812 

1,106  62 

F.  R.  Hasder 

Jane       30, 1812 

186  67 

F.  R.  Hassler 

August  12,1812 

942  60 

F.  R.  Hassler 

August  12,1812 

1,042  60 

F.  R.  Hassler 

August  12,1812 

1,042  60 

F.  R.  Hassler 

March      ff,  1813 

160  00 

F.  R.  Hassler 

June        Oi  1813 

862  50 

F.  R.  Hassler 

Jane         9, 1813 

2,086  00 

F.  R.  Hassler 

Pebniary  1,1814 

1,042  60 

F.  R.  Haailer 

February  1, 1814 

1,042  50 

F.R,  Hasher 

Jone         4, 1814 

1,042  50 

Bnrphn  ftind 

iei5 

29,720  57 

JaaiesCex 

Jone     27,  teie 

7,662  42 

P.  R.  Hassler 

Jnly         8,  into 

1,062  80 

P.R.Hasdar 

July         8»  1816 

]A>42  66 

F.  R.  HmIct 

July         a,  1816 

1^042  6Q 

F.RHassler      • 

July       20^1816 

6,672  68 

John  J.  Abert 

Angnat  12,1816 

1»060  60 

F.  R*  HassUr 

August  26,1816 

1^42S57 

JohnJ-Abeit 

]>aeeBi.V24,1816 

2,000  00 

F.  R.  Hasaler 

Januaiy    6.1817 

1,260  00 

John  Steele 

,  Janaary  14, 1817 

104  62 

F.R.  Hassler 

April.      6,1817 

1,260  00 

John  J.  Abert 

April      19, 1817 

3,000  00 

F.  R.  Hassler 

Jfuly        11,1817 

1,250  06 

John  J.  Abert 

Septem.  SO,  1817 

3,000  00 

F.  R.  HsMler 

October  10, 1817 

1,250  00 

F.  R.  Hasrier 

Decem"r22,1817 

1,250  00 

Total     - 

9183,126  94 

Whkh  sun  of  •138,129  94,  behig  deducted  ttom 
the  total  appiapriatieM  of  •188,725  89,  (as  abe«e>) 
leaves  the  belaBoe  of  nneapeiided  appsopiiatien  ei 
•60,666  46. 


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Drftnceffihe  JUarUim  FYanHer. 


INBFENCE  OF  THE  MASITIME  JPRONTIEIL 

[Commnnicated  to  the  Senate,  Febmaiy  11, 1818.] 
Th  the  Senate  of  the  VmtedStatee: 

In  compliance  with  a  resolution  of  the  Senate 
of  the  13th  of  February,  1817,  I  now  transmit 
copies  of  the  reports,  in  relation  to  the  sarreys, 
and  examinations  made  hj  na? al  officers  in  co- 
operation with  officers  of  tne  corps  of  engineers. 
JAMBS  MONROE. 

Washimotoii,  February  6,.  1818. 

Natt  Defartmbmt,  Feb.  4, 1818. 

Sir  :  I  hare  tJie  honor  to  transmit  to  yoo,  here- 
with, copies  of  the  reports,  in  relation  to  the  sar- 
Teysand  examinations  which  hare  been  made  by 
lyiTal  officers  in  co-operation  with  officers  of  the 
corps  of  engineers,  in  pursuance  of  the  resolution 
of  tne  Senate  of  the  United  States,  passed  on  the 
13th  flay  of  February,  1817. 

Bacioacd  is  a  list  of  the  charu,  d^.,  which  ac- 
company this  communication. 

I  have  the  honor  to  be,  4te. 

B.  W,  CROWNINSHIELD. 

The  Prbiidmt  qfthtU.  3. 

lAatefCharte. 
"•  Rhode  Island  and  Narraffanset  bay. 

Newport  and  Gardner's  bay. 

Boston  harbor. 

Eastern  entrance  tp  Long  Island  sound. 

General  map  from  Haerlem  to  Sandy  Hook, 
exhibiting  the  line  of  defence. 

Falmouth  harbor. 

Porumouth  (New  Hampshire)  harbor. 

Sandy  Hook 

Penobscot  rirer  and  bay. 

Boston  harbor,  including  Salem  and  Marble 


Boston,  October  18, 1817. 
Sir  :  In  pursuance  of  your  orders  of  the  23d  of 
May,  and  the  detailed  instructions  from  the  Com- 
missioners of  the  Nary  Board,  dated  tha  29ch 
May,  addressed  to  myself.  Captains  E mas  and 
Ftrrjr«  who  wiere  appointed  commissioners  by  the 
Prestdent  of  the  United  States^  to  carry  into  ef- 
fect the  resolution  of  the  Senate  for  .the  purpose 
of  ascertaining  the  practicability  of  delendine  the 
eastern  entrance  of  Long  Island  sound,  and  also  of 
examining  the  coasu  and  waters  north  of  the  Del-* 
aware,  with  a  riew  to  the  selection  of  a  proper 
site  for  a  naral  depot,  rendezrous.  and  dock- 
yard, the  commissioners,  accompanied  by  Gen- 
eral Swift,  and  Colonel  McRee  of  the  corps 
of  engineers,  appointed  to  co-operate  with  them, 
difl  proceed  to  examine  accordingly.  On  the  sub- 
ject of  the  points  of  defence,  ther^  has  been  an 
vaaaimeus  opinion,  and  a  report  will  be  made 
thereon  to  the  Navy  and  War  Departments,  to 
which  I  beg  leare-  to  refer  you.  It  would  have 
baeo  gratifying  to  me,  as  I  doubt  not  it  would  be 
to  the  other  members  of  the  «oamtseion^  if  an 
unanimous  opinion  bad  also  been  formed  in  se- 1 


lecting  the  prefer  site  te  a  naval  depot;  bat  as 
there  has  been  a  di£ferenoe  of  sentiment,  it  be> 
comes  my  duty  as  %  member  of  that  eommissiof 
to  state  my  opinion  on  the  subject,  founded  oa 
obserrations  and  examinattoas  made  by  tho  com- 
missioners, and  which  will  appear  in  detail.  In 
doing  80^  I  shall  mention  the  different  harbors  in- 
cluded in  the  instructions  of  the  Navy  Board  ia 
the  order  of  arrangement  followed  in  tlie  exami- 
nation. 

I  beg  leare,  howerer,  before  entering  Into  a» 
examination  of  the  subject,  to  state  the  requisites 
which,  in  my  opinion,  are  necessary  for  the  ei- 
ublishment  of  a  naval  depot,  rendezrous,  uid 
dock-yard. 

1.  A  sufficient  depth  of  water  for  ingress  and 
egress  at  all  timet  or  tide^  and  accessibility  in  all 
seasons  of  the  year  for  ships  of  the  largest  dass. 
'  2.  A  safe  and  secure  harbor  from  wind,  tide, 
and  ice. 

3.  Means  of  protection  by  a  nomerous  and 
deise  fiopulation  \  suseeptibihty  of  defence  br  fit 
natural  situation,  and  without  exteatire  fortiaoa* 
tiofit. 

4.  A  situation  free  or  difficult  of  blockade. 

5.  A  population  to  furnish  the  requisite  num- 
her  of  mechanics  at  the  lowest  price  and  to  the 
best  advantage ;  where  few  or  many  may  at  all 
times  be  commanded  without  paying  an  indiMot 
tax  to  induce  them  to  locate  themiBel?etat  or  naar 
an  estabUshment  for  a  special  purpoae  and  (or  a 
limited  time. 

6.  The  Ticiatty  of  a  laige  and  commercial 
town  where  skilful  artisans  are  established  to 
furnish  the  Tarious  parts  of  the  mechanism  oi  a 
ship ;  the  greater  proportion  of  which  can  ea»> 
erally  be  obtained  on  better  terms  for  the  pauic 
interest  at  private  nutau/kdories  than  can  be 
supplied  within  a  nayal  establishment. 

7.  A  farorable  situation  Cor  obtaining,  in  peace 
or  war,  a  supply  of  ship  timber,  and  umber  soil- 
able  for  masts  and  spars. 

8.  The  advmntageous  situation  of  the  plaea 
selected  for  the  construction  otdtj  docks. 

9.  And  generally  a  location  most  faTorable  for 
obtaining,  all  supplies  connected  with  a  nary  oi 
naral  establishment,  particularly  ptoTisiotts  and 
seamen. 

In  the  execution  of  the  duties  prescribed  to  the 
commissioners,  the  place  which  first  reeeired  ez^ 
amination  was  Portland,  in  the  District  of  Maine. 

Portland  has  a  gooa  harbor,  uod  is  easy  of 
access.  A  good  site  might  be  round  for  a  dock- 
yard, and  a  sufficient  depth  of  water  at  all  timet 
of  tide ;  but  it  would  require  the  erection  of  Tery 
considerable  fortifications  for  its  protection.  In 
theeient  of  a  war,  I  should  recommend  a  tmftU 
naral  depot  or  deposite  of  naral  stores  for  the 
accommodation  or  such  vessels  of  our  navy  as 
might  find  it  conrenient  to  stop  here ;  but  I  shouM 
not  think  it  adrisable  to  make  an  extensiTO  es- 
tablishment. 

Portttnouth,  situated  on  PiscaUway  ri?er,  has 
an  outer  harbor  easy  of  access  at  ail  aeasoas  of 
the  year,  with  a  sufficient  depth  of  water  at  mXL 
tiinet  of  tide.    This  outer  harbor  ie  abort  the 


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APPINDIX. 


1M» 


Defimee  tfUkt  MarMne  FYmUierk 


itolieatfamt«>d<iBH|oefttl|;  ptotaettd  bf  ikcm, 
%ttowHigto  •  vcrr  rapid  tide  in  tbtNartows 
«bovt  tlie  oatar  bar&or,  a  larg«  FeiBti  eaaiiiot  |^et 
to  the  DftTf  yard  or  inner  barbor  exetpt  witb  a 
ftir  wind,  and,  fbr  tbe  same  reatan,  bnt  few  res- 
mIb  can  be  safely  moored  tbere.  Tbe  Island  on 
wkieh  tbe  nttwj  yard  is  located  is  eommodioos 
for  bnildiog  sbips,  bas  bold  water,  good  timber 
doeks  for  docking  timber,  and  excellent  bnilding 
ways  for  a-sbip  of  tbe  line.  Dry  docks  migbt 
also  easily  be  eonstracted.  Tbe  kland  is  exposed 
to  a  commanding  keigbt  on  SeareHs  island, 
where  the  remains  of  an  old  fort  are  yet  seen ; 
tbe  possession  of  this  height  is,  in  my  opinion, 
important  to  the  safety  of  the  nary  yard  and  bar* 
bor«  I  shonbi  recommend  this  navy  yard  in  its 
preacat  sitoation  as  a  good  boilding  yard,  bat  on 
account  of  the  rapidity  of  tbe  tide  I  am  decidedly 
of  optoion  that  it  is  an  laAiTorable  sitmrtion  for 
the  establishment  of  a  general  rendezroat. 

iSIHlem.— This  has  a  harbor  accessible  to  sbips 
of  war  into  safe  anchorage,  as  the  frigate  Consti- 
ivtiOB  foand  in  the  late  war.  when  porsned  by  a 
tnperior  force,  and  merits  tne  attention  of  Qo?- 
ernmenrto  aome  additional  works  of  defence. 

BMlen.<-*This  port  poesessti,  in  an  eminent 
degree,  aU  the  great  adVantages  necessary  for  a 
naral  establishment.  It  has  a  safficient  depth  of 
water  at  all  times  of  tide,  and  is  accessible  at  all 
aeasons  of  the  year. 

It  has  a  safe,  eommodioos,  and  secure  harbor 
frooa  wind,  tide,  and  ice ;  and  its  accessibility  is 
proven  by  the  records  of  tbe  costom-hoose,  a 
copy  of  which,  marked  A,  is  hereto  annexed, 
abowing  the  nnmeroos  arrirals  and  departures  in 
oTcry  winter  month  in  the  year. 

It  has  ffreat  meana  oi^protection  in  the  nnmer* 
oils  and  Mise  popalatibn  in  its  immediate  Ficin- 
ity ;  the  strength  #f  iu  natnral  sitimtion,  and  by 
ita  fortifications.  The  reqnttite  measures  for  the 
deftoce  of  the  town  of  tfoeton  will  always  ffire 
proceotkm  to  a  naTal  establishment  situated  with- 
ni  its  waters;  and,  from  its  natnrally  strong  sit- 
uation, it  may  be  made  defcnsibleagaiasta  naral 
lioNrco  with  small  expense.  Thera  cannot  proh- 
«^ly  be  broiight  to  the  defence  of  any  place  In 
the  United  States,  within  tbe  came  tiaae,  so  nu- 
oMrous  and  well  organized  militia  as  can  be 
broogbt  to  the  defence  of  Boston ;  for  accurate 
.  mlbraiatiim  on  this  point  I  refer  to  the  report  of 
ihm  adjutant  general  of  tbe  State  of  Masrachu- 
■tos,  a  copir  of  which  is  anncxtd  marked  B. 

It  is  a  aituatton  difficult  of  blockade.  This 
flaet  is  shown  by  the  erents  of  the  lata  war,  du- 
fiBf  which  tbe  frigates  of  our  nary  entered  and 
dapnried  from  this  port  twice  as  ofmn  as  from  all 
tbe  other  harbors  of  the  United  States  together. 
Tbe  fist  herewith  accompanying,  mar&d  C, 
abowa  tbe  number  of  times  our  ships  of  war  en- 
tared  and  departed  firom  the  port  of  Boston  du- 
TiDf  the  late  war. 

It  baa  a  numerous  body  of  machaoics,  and  the 
price  of  labor  Is  low.  Its  adrantages  on  this 
woint  onn  be  proren  by  the  records  of  the  Nary 
Mpartment,  patticulariy  the  low  prioe  of  me- 
•bMAcal  labor. 

15th  Con.  Ist  Sjaaa.— 78 


It  is  a  large  and  commercial  town,  abofmdbig 
in  artisans  well  skilled  in  all  the  variety  of  arte 
necesrary  for  the  building  and  equipping  of  large 
ships. 

It  is  iarorably  situated  for  obtaining  timber  for 
ship  building,  and  for  mtsts  and  spars.  The 
country  near  Boston  has  the  best  of^  white  oak 
timber,  which  is  brought  in  large  quantities,  ani 
the  Middlesex  canal  commuoicating  with  the 
Merrimack  rirer,  and  through  that  rirer  to  the 
State  of  New  Hampshire,  opens  an  ample  sourae 
for  the  supply  of  timber  for  years  to  come ;  con- 
tinuations of  this  canal,  connecting  it  with  other 
water  carriage,  are  in  contemplation,  which  prom- 
ise to  supply  ail  the  timber  that  may  be  required, 
and  of  an  excellent  quality.  The  advantageous  * 
situation  of  Boston  for  tne  supply  of  timMr  to 
build,  repair,  and  mast  and  spar  shins  of  erery 
size  was  fully  demonstrated,  daring  the  late  war^ 
in  the  building  of  a  sereaty^four  and  a  twenty- 
four  gun  ship ;  in  repairing  sereral  frigates  and 
eereral  sloops  of  war,  the  materials  of  whmh 
were  all  drawn  fVom  Eiostoa  and  its  Ticinity,and 
through  the  Middlesex  canal,  and  which  It  wotild 
hare  been  rery  difficult,  if  not  inipracticabl^  to 
hare  procured  by  the  way  of  the  ocean,  in  con- 
sequence of  the  superior  marine  force  of  the  eno- 
my  on  the  ooast. 

It  is  farorably  situated  for  the  construation  af 
dry  docks,  thotigh  it  may  be  conceded  that  they 
can  be  built  at  Portsmouth  or  Fall  rirer  for  a  ices 
sum  than  at  Boston.  As  the  diffi^rence^  hawerer, 
in  thiaexpenditurais  meraly  the  diflbreoce  in  tbe 
first  cost  of  the  docks,  it  cannot  be  brought  in 
comparison  with  tbe  8arin|f  which,  from  the  po^ 
session  of  other  and  superior  adrantages^  would 
be  realised  in  a  few  yean  In  tbe  dailr  and  con- 
tiniled  expendituras  which  allead  such  ettnblisb- 
ments.  And  as  docka  can  be  as  well  conslrtt^ad 
at  Boston  as  at  either  of  the  other  pbces,  the  dif> 
farance  of  the  expense  in  the  construction  ought 
not,  in  my  opinion,  to  be  entitled  to  anr  import- 
ance in  the  selection  of  a  place  suitable  for  a 
dock-yard,  depot,  and  rendezrovs.  If  it  were^ 
bowerer,  n  eircnnutanca  desarring  aonaideralion, 
when  put  in  opposition  to  other  admatngaa  al- 
ready mentioned,  it  nuist  lose  its  weight  when 
compared  with  the  situation  •f  Fall  rirer,  arauT 
other  place  requiring  extensire  fortificatiana,  aw 
the .  support  or  ktga  military  estabUahmenta  for 
the  sole  purpose  of  protecting  a  naral  depot,  aa 
also  the  naeesuty  of  paying  the  nMchnnics  who 
may  be  employed  higher  wages  to  induce  them 
to  locate  at  a  new  estnblisbment,  out  of  the  ri- 
einity  of  a  populous  town,  and  whera  also  thera 
it  a  deficiency  of  timber  and  other  mauriala  for 
ahip  building,  nnd  of  prorisions  and  all  kinda  af 


The  facility  of  obtaining  prorision  aad  seaman. 
In  these  adrantngas  Boston,  in  my  opintan^  stnnda 
unriralled.  The  prorisions  put  up  at  this  pbrn 
are  of  the  rery  first  quality,  aad  seamen  can  gen- 
erally be  obtained  mora  readily  than  at  meat  other 
ports.  All  those  artidea,  ako,  which  araganar- 
ally  required  for  ahipe  of  war,  and  naral  purpa- 
act,  can  be  proaured  nara  in  as  suOcieat  quantity, 


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Md  oi|'«i  gMd  lem^  at H  aor  •tto  plaee;  the 
miwtitkUam  it  potseattt  od  Ihis  head,  it  is  bdiered, 
wiU  be  HiUr  corrobonted  bjr  th«  oviaerouc  eoa- 
tracU  which  ha?e  been  made  at  this  place  by  tlie 
ffavy  t)epaH«i#iU  far  tba  supply  of  tb«  Nary. 

Prmdem^  river  km  barely  a  suffioieat  depth 
•f  water  for  laife  ships^  and  the  channel  bellow 
lOasby  point,  which  is  the  beet  situation  on  the 
fiver  l9ra  aa?al  depot,  is  too  narrow  for  a  ship 


10  torn  towindvvttrd;  coneeqaently  long  delays 

insetting  to  sea  from  the  establish- 

it,  which,  if  located  at  tihis  place,  would  re- 


^rt  exUnfli?e  fMrtiieatioas  for  its  protection,  in 
addition  to  those  whiob  would  be  necessary  fiw 
Ihe  d^snae  of  If  ewport  harbor. 

JFhU  rifer  is  fiiTombly  situated  for  the  eon- 
ftmeliMi  of  dry  dooks,  uid  this,  ia  my  opinion, 
is  the  ealy  ^adrantage  it  possesses  for  a  naral  de- 
Bot.  There  mn  tis  vicinity  some  timber  for  ship 
diHdkig,  but  not  in  large  qutatities,  and,  from 
Iha  best  inlbmationri  could  procure,  would  soon 
kaeihaneted.  In  approaching  it  in  ships  there 
la  a  ahoil  of  three  quarters  of  a  mile  in  extent 


\  wmnt  be  passed,  and  which  has  only  aev- 
«iMn  leat-at  low  water ;  the  tide  risne  here  only 
•ifve  ieet  does  not  produce  a  mfficient  depth,  emen 
•at  high  water,  for  sh^ts-^-the-liae  to  pass  wlwn 
prepared  for  sea.  A  naral  establishment  at  this 
9laea  would  require,  for  iu  special  protection,  ez- 
teasiive  fortificataoBs,  and  a  large  military  garris- 
on; and  to  enable  ships  to  get  to  sea  the  chan- 
nels, on  the  east  and  west  side  of  Caaoaiout  isl- 
and, must,  in  a  state  of  war,  he  at  all  times  oom- 
maaded. 

To  protect  the  outlet  to  the  ocean  from  Fall 
xireT;  which  is  the  harbor  of  Newport,  it  is  the 
.opinion  of  the  commissioners,  and  the  ofllcers  of 
•the  corps  of  eagiaeers  coK^ieimtiag  with  them, 
tiiat,  in  addition  to  thoaa  already  erected,  the  fol- 
loWMtf  mentioaed  fortifications,  together,  with 
the  filBoff-up  of  the  western  ohaaad  of  Ganoai- 
•eat.  would  be  ccquiaed,  that  is  to  say : 

A  forton  Dutch  isknd. 

A  fort  on  OaMUttut  island, 

A  fort  and  eouenchments  ezteading  from 
•Beaieerftail  core  to  the  Dumplius. 

flPo  oocttpjr  the  Dumpltns. 

Partiieatioas  oa  Breaton's  point  and  Tele- 


,  ,  jtMicalMAa  OB  Tammany  hill,  and  on  Hon* 
'BeiiiM^s,.orerlQokingJIston's  beach. 

A  fort  on  Coaster^  If  arbor  iskwl,  anda  steoag 
.foetification  on  Rostti^and. 

A  fort  on  Bait's  hiy,aad 

Tirertott  heights  to  be  occupied. 

For«  uMMre  nsiaute  detail  of  the  requisite  forti- 
ficatiOBs,  a  reference  is  made  to  the  report  of  the 
commissioners  appointed  to  examine  the  practi- 
edWlity  of  defondinff  Newport  harbor.  From 
. this  statanent  it  is  obrious  that  fortifbatiMis  of 
such  extent  would  require  a  rery  large  military 
force  to  defend  them ;  and  which,  ia  a  state  of 
war,  BHttt  be  constantly  kept  up,  as  it  would  be 
I0ip»cticable  to  man.  on  an  emergency,  such 
**S?"'*  works  from  the  surrounding  population. 

The^riainiif  of  Fall  rirer  to  the  waters  of  Sea^ 


eaaaet  passage,  aad  of  BuBBcd^aeaderli. 
sihie  to^aa  enemy  who  may^ppsoaah  hj 
within  sareii  to  tea  wles, . aad  who.eould 
through  thcioountrf ,  of  not  a  rm  denae  pepnla- 
tioB,  to  Fall  Eif ec  It  aaay,  thefetare,^  ba  asserted 
that  it  will  not  only  be  fieeosaary  to  coa^ettly 
defend  tihe  island  i(  Rhode  Island,  but  abnio 
erect  fortificatioas,  aad  maintain  a  force  at  Fall 
rirer  sufficient  to  defend  it  aniaat  any  attack 
that  mif  ht  be  aiade  by  land.  ThcHnagaitttdaaf 
the  fortifioatmne,  aad  military  foeoeseeessary  for 
this  purpose,  is,  ia  itself  an  ol^eetioa  saffaieot 
in  my  opioion.  to  render  the  location  of  a  naval 
depot  at  this  plaqe  highly.  iBex|>edieBt. 

mmpart  has  already  beep  oiaotioned  iaruelatiaa 
to  the  fortifioatioaa  neetasafy  to  .pioiaat  iu  It 
has  a  good  harbor,  is  aoeessthle  at  all  tiBMsof 
tide,  and  in  aH  seasons  of  thejaar.  It  ia  laatihy 
theratteatian  of  GotnanMDt  aaajportfaranMe 
for  the  tsktpa  of  oar  ayrj  oeoanonallf  jo^aniaL 
Fimn  my  •examiaatioo  of  the  wateas-of  ^&hode 
Island  I  am  decidedly  i>f  i^iafoa  ihat.thajDost 
farorahle  situalioa  (era  aaMtl^epot^wtthialhaae 
watersyis  betiwaen.BristQl  forty  aniMeauiHape 
bay,inariDKd  M.onihe  chart,  aaadairamiQaptaiii 
Erans^  surrey  ia  1815.  But  I  do  not  think^ihat 
situation  equal  to. several  others  in  ikeliaiiad 
Slates. 

Nev  Ltmd$H,'--'Thifi  has  an  «iBeUant<  harbor, 
accessible  at  all  seasons  of  the  year^  at  ail  tiaMs 
of  tide,  and  unohstruoted  by  tee.  it  ii,  ia  many 
respects,  well  caloulatesdfora  naval  defM>t,haviag 
a  very  flood  situation  at  Caaastoek  point,  oa.d£ 
rivw  Tnaoaes.  But  the  ease  with  which  itiaay 
be  blockaded,  as  was  proraa  in  the  iate.wiar; 
should  be  an  insuperable  objection  to  Ub  heiDg 
selected  for  such  an  esii^Hshaictti  as  is  eontem- 
plated  by  $ki9  resolution  ef  the  Senate  of  the 
United  Staiee.  % 

New  Yorkr-^ThU  port,  possessing  maay  of  the 
great  advantages  necessary  for  a  large  navaiaa- 
tablishflMnt,  btus^a  bar  at  the. aoothara eattanoe 
of  its  harbor,  on  which  there  is  hot  tweaty-iwo 
foot  sroL  ittcbesat  law  water,  which, will  aot.ad- 
eatt  shbn  of  war  of  the  laige  claaa  lo  pass  at  tlaat 
time  of  tide,  in  winter  the  harbor  iaabstmoaid 
by  drifting  ice.  It  possessas  .the  advantages  af 
great  populatioa  and  eacellent  artiaaas,  aHiiah 
giress«cucit|r  ina  aetateof  war,and |ri«Bt  f«aililf 
atalltimas  tn  jtaiklipgaad  equippfog.a:aaOT« 
It  has  tiro  outlels  lo  the  ooeaai  mnasqaeaify 
would  require  a  daaUa  Mortariing  fotoe  lo  kmtp 
reasels  within  its  poet.  Freg'e  point,  fontleeit 
miles  above  the  city,  iu  mm  eacelleat  harbor, dhiit 
fequivesfortjfications.  This  point,  aad  tha  oppa- 
site  poiat  aa  Loba  Island,  Jire  most  foaocaMf 
situated  for  the  detenoe  of  the  outer  haebac  talkie 
port  of  New  York  throi^  the  aound.  h  is  the 
key  of  the  sound,  and,  in  my  amaaoa,  aught  to 
be  immediately  fortifie4  New  Xork  n  ao  imh 
portent  a  place  for  a  naral  mtablishmtnf  that, 
although  I  do  BOt  consider  it  haaaU  the  adraa- 
tages  Boston  possesses,  particulaKly  as  it  isaat 
aooessible  at  all  times  of  tide,aod  as  vessels  lyiiig 
in  the  harbor,  in  winter,  are  exposed  to  daagar 
from  the  floating  ice,  I  am  firmly,  of  opiaiaa,iui* 


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der  erery  riew  of  the  subject,  that,  next  CoBoaCon, 
it  is  the  most  suitable  place  for  such  an  estalrfish- 
meot,  and  one  worthy  the  attention  of  GoVern- 
ment  as  a  naval  depot. 

E|a?JDg  thus  detail<^  tl^  adFantages  of  the 
AeTeraljpraces  b|}d  und^rezaininatipn  by  tbecom- 
^Issiopi^rs  apppipted  fpr  ,tha,t  purpose;  and  con- 
sidering that  a  place  suitable  for  the  location  of 
4in  esti^Isbment,  such  as  is  eonteinplated  by  the 
Vjcsplution  of  the  Senate,  should  possess,  if  possi- 
bf^  the  advantaj^ies  recited  in  this  report,  T  feel 
^ond  to  express  my  perfect  cooriction  that  Bos- 
4X>n  is  tj^e  most  ellg!nre;$atuatipn.  in  every. respect, 
;lor  the,estabIishfn€Uitx)fa.na¥^l  depot,  rendezFous, 
'$i|d  dofik  yard.  Twill  add  one  other  cpnsidera- 
,lion  w^iijcn,  though  it  may  not  appear  to  some  as 
impociant*  is,  in  my  opinion,  dieseiyingot^tten- 
tion.  The  ,iSi|t«^ljip|iR)|i^m  is  of  a  nature  that 
jrfiouldiM  peroi^aAe^t,4qd  Ipoking.forward  to  the 
udme  when  the sMFf  eif  ^his^coumrv  may  be  ex- 
pected not  -only  to  jwtvent  Jt  bloek«de  of  our 
a— ftj'bui  even  to  extend  iu  opevAtioM  mi  the 
4>oast  of  America  to  the  northeast  of  the  United 
States ;  the  situation  of  Boston  as  a  naval  ren- 
dezvous, in  such  an  o^ent,  would  have  a  most 
pjiaportant  advantage  over.  Fall  jriyer  in  its  ^cce;^- 


sihiitiy  hy  avoiding  the  shoal  of  Nantucket,  the 
ijooei  dangerous  shoal  on  our  coast. 

Although,  sir,  it  may  appear  irrelevant  in  this 
report  to  offer  a  further  opinion,  I  will,  never- 
theless, venture  to  give  it,  trusting  in  the  purity 
of  my  paotivfts  for  $o  doing,  and  in  the  liberality 
of  the  Government  to  jreceive  opinions  .when 
respectfully  submitted. 

So  extensive  a  coast  as  that  of  the  United 
States  requires  ai  least  thvee  considerable  naval 
arsepaU.  Geoffraphical  situation  appears  to  me 
to,inaik  4epidedly  Boston,  New  York,  upd  Nor- 
folk^ aa  the  nroper  sites.  Boston  for  the.eastetn 
aect^n  of  taie  country,  New  York  for  the  mid- 
dle, and  Norfolk  4or  the  ^uthern.  All  these 
three  possess  the  greaf  advantages  of  a  numer- 
ous population  for  ihe  security  of  the  establish- 
meats,  sttaeeptibility  of  defence,  and  the  aufl- 
pient  and  cheap  supply  of  materials  and  me* 
chanies  for  the  building,  repairing  aQd  e^ulppii^g 
of  ships.  .  .  F 

I  have  the  honor  to  be,  &e. 

WM.  BAINBRIDGB. 

Hon.  B.  W.  CBOWNtHSfltBLO, 

8^cretary,qf  (he  Navp,  Wcuhingtpn. 


A. 

A  ttatement  of  the  number  4>f  vtsmk  which  wsne  mUprei  m4  ci^ifr^Jkm  tu^  for  Jareig^  pqrU^  ^  ike 
custom-houae  in  Bo»Um,4n  the  mouthi  of  Jantuuy,  f0^r^qryr^«^  fiea^pAerffir  thru  mKeeaeipc gmmf 
viz.-  1814, 1816,  and  iai0»  de^ffiuiUng  the  number  for  the  Jirstt  eecona^  M, third  parte  of  each  month/ 
^axhibiiiiw  ateo  the  number  of  eoaetere  Ufhieh  did  aetttaUy  enter  and  dear  in  the  monihe  and  yeare  afore' 

.  -iOM^  and  the  eetimated  numoer  of  eoaetere  which  arrived  andjkparted  without  entering  or  clearing  at  the 
mtettam-houeCf  during  the  eame  periode. 


1814. 

.iS 

1 

1816. 

1. 

1 

1816. 

1 

1 

From  the  1st  to  the 

10th  Jannanr  •    - 

Bo.  lOdi  to  ScSh    - 

])0.Mth,to81it     - 

8 
1 
8 

1 
1 

4 

From  the  Istto-dM^ 

10th  Januanr  •    • 

Do.  10th  to  80th    - 

Do.  80th  to  81st     - 

From  the  IsttoQie 

lOthFebmary    - 

Do.  10th  to  30th    - 

jPlo.8Qflito8Sth    . 

From  the  let  to  the 

10th  Deosmber  - 

Do.  10th  to  80tk    • 

Do.8Mktoaiit     . 

- 

1 
4 
1 

From  die  1st  to  die 

lOthlannaiy.    - 

Do.  10thto80tii    . 

Pio.80lhloaift    . 

From  the  1st  to  the 

lOdi  February    - 

Do.  10th  to  90&    - 

Do.  S0thto89th    - 

From  the  let  to  the 

lOthDeoember   - 

Do.  KMitoSOth    • 

Do.  80th  to  81st    - 

18 

6 

16 

18 
18 
11 

I 

6 
8 

.8  : 

S 

8 

1 
8 

0 

84 

86 

From  the  1st  to  the 

10th  Febmaiy    • 

^0. 10th  to  SOth     - 

Jpi^ap^to?^     - 

8 

10 

8 

10 

17 
9 
8 

"  r 

'5 

8 

88 

U 

Prom  the  1st  to  the 

10th  December  - 

J>o.  10th  to  80th    - 

Do.  80th  to  81st     . 

- 

1 
8 
8 

18 
87 
16 

18 
18 

17 
80 

7 

17 
87 
11 

• 

6 

66 

48 

44 

66 

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l^ENDEL 


9ia 


OtaftmtHi  j1.    vontitmt^. 
COASTERS. 


From  the  1ft  to  the 

lOth January-    • 

Do.  10th  to  30th   - 

Do.  20th  to  31ft    - 

3 
13 
24 

48 
27 
18 

From  the  1st  to  the 

10th  January    • 

Do.  10th  to  20th   - 

Do.  20th  to  Sltt    - 

From  the  1st  to  the 

10th  February    - 

Do.  lOtfi  to.20th    - 

Do.2^V>S^    * 

From  the  let  to  the 

lOthDecember  - 

Do.  10th  to  20th   - 

Do.  20th  to  31it    . 

7 

10 

7 

4 
8 
3 

From  tiie  1st  to  the 

10th January-    - 

Do.  10th  to  20th   - 

Do.  20th  to  31st    • 

From  the  1st  to  the 

10th  February    - 

Do.  lOthtotoA    - 

Do.  20th  to  29th    - 

From  the  1st  to  die 

lOtii  December  - 

Do.  10th  to  90th    . 

Do.  20th  to  31st    . 

12 
39 

54 
26 
44 

. 

40 

03 

24 

16 

76 

123 

From  the  let  to  the 

10th  Febraanr    . 

Do.  10th  to  20th    . 

Do.  20thto2atfa   - 

10 
27 
47 

23 
13 
60 

1 
4 
6 

1 
3 
2 

21 

18    1 
81 

30 
22 
33 

84 

•6 

11 

6 

70 

86 

From  the  let  to  the 

lOthDecember   - 

Do.  10th  to  SOth    - 

Do. '20th  to  31et     - 

3 

6 

12 

7 

7 

10 

41 
40 
84 

70 
60 
88 

60 
29 
40 

66 

60 
66 

21 

24 

121 

222 

■-I 

171 

RBOAPITULATtON. 

Total  number  of  coasters  which  entered  and  cleared  in  the  Winter  of  1814 368 

Estimated  number  of  coasters  whidi  did  not  enter  or  clear •    368 

Total  number  of  Teseek  entered  and  cleared  from  foreign  ports  in  the  Winter  of  1814  •       •32 

Total  number  of  coasters  which  entered  and  cleared  in  the  Winter  of  1816 241 

Estimated  number  of  coasters  whidi  did  not  enter  or  dear  • •241 

Total  number  of  Tcssels  entered  and  deared  from  foreign  ports  in  the  Winter  of  1816  •        .       •       •    109 

Totd  number  of  coasters  which  entered  and  deared  in  the  Winter  of  1816 6M 

Estimated  number  of  coasters  which  did  not  enter  or  dear  ••••-....    664 
Total  number  of  venels  entered  and  cleared  from  fordgn  ports  in  the  Winter  of  1816  -        •        •       •    226 


Totd 


-2,873 


Wilde  number  of  Teasels  arrhned  and 
.    Do.  do. 

Do.  do. 


BBthe  Winter  of  1814 T48 

do.  1816 691 

do.  1816 1,684 

2^878 


B. 

OmmonweaUh  <^  MtmachmeiU  t 

Adjutant  Qenbial's  Ofpicb, 
Boston,  ^hpember  1, 1817. 

Dear  Sir:  Io  Roswer  to  your  letter  of  the 
72d  ultimo,  I  would  hereby  certify  that  thirteen 
thousand  one  hundred  and  eighty-two  militia 
Rre  enrolled  in  the  infantry,  seven  hundred  and 
aixty-ibar  artillery,  and  six  hundred  and  sizty- 
fiv6  eavalry,  within  twenty  miles  of. Boston. 
Raooaan^  to  fourteen  thousand  six  hundred  and 
eleven  men,  Rod  may  be  Rsstmbied  in  this  plRce, 
in  time  of  alRrm,  within  twenty-four  hours.  To 
thii  number  mny  be  added  the  exempt  RUd  oth- 
ers^ who  mrgbt  be  brought  into  service  on  r  spe- 
ctRl  occRsioD,  three  tbousRnd  five  hundred  more; 
malting  ua  effective  force  of  eighteen  thouannd 
one  hundred  Rod  eleven  men. 

Six  tfaousRnd  may  be  assembled  in  ten  houw 
m  Boston.  Within  thirty  miles,  r  force  of  the 
wme  description,  oC  twenty-four  thousRod  five 
Hundred,  in  forty-eight  hours;  within  forty  miles, 


in  nine ty-six  hours,  thir^  thouand.    In  tke  lata 
WRr,  some  compRuies  Rrrived  in  Boston  in  ftre 
dRys  from  ninety-five  milea  distance.    I  am,  dbe« 
B.  M^TTOON,  A^uiani  QeneraL 
Commodore  Baimbbidob. 

a 

TabUthounnjf  tkt  number  oftiimeiofarrhal  and 
departurefiom  the  part  of  Bottom  of  the  eeascls  of 
the  Nn^ikirmgtJU  late  wiar  with  OrtaiBriimm. 

Frigate  Constitution     ..... 

Frigate  President 

Frigate  United  Sutes   -       -       -       .       . 

Frigate  CheanpeRke       -       -       .       .       • 

FrigRte  Congress  -       «       .       •        . 

Sloop  Hornet        •       - 

Sloop  Frolic 

Sloop  John  Adnms       ..... 

Brig  Argus 3 

BrigNRUtilus 4 

Brig  RRttleennke 8 

Brig  Siren .2 


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AFFBNDIX. 


UU 


IM^nce  of  the  MariHme  Frontkr. 


Boston^  September  13. 1817. 

The  undersigQed,  appointed  hj  the  President 
of  the  United  States,  in  conjunction  with  Qen- 
end  Swift,  of  the  corps  of  engineers,  to  examine 
Castine,  in  the  Penobscot  -  My,  and  the  waters 
adjoining,  with  a  riew  to  ascertain  its  impor- 
tance as  a  military  position,  and  the  practicability 
of  fortifying  it,  having  attended  that  duty,  has 
the  honor  to  submit  the  following  obserrations 
and  reflections : 

The  Penobscot  is  a  spacious  bay,  containing 
many  excellent  harbors,  the  borders  of  whicl^ 
and  the  islands  within  it,  are  in  a  state  pf  im- 
proTed  cultivation,  and  possess  considerable  pop- 
ulation. Castine  is  situated  on  a  promontory, 
nearly  at  the  head  of  the  eastern  side  of  the  bayl 
It-  has  an  excellent  harbor  for  any  number  of 
ships  of  the  largest  size,  has  bold  water,  and  is 
accessible  at  all  seasons  of  the  year.  The  prom- 
ontory is  connected  with  the  main  by  a  narrow 
isthmus. 

Proceeding  up  the  river  from  Castine  to  Bucks- 
town,  the  river  is  divided  by  Orphan  island,  the 
western  channel  of  which  is  alone  used  for  the 
passage  of  large  vessels.  This  part  of  the  river, 
nearly  opposite  Buckstown,  is  what  is  termed  the 
Narrows,  and  has  been  thought  by  some  as  a 
suitable  place  for  extensive  fortifications. 

Castine  has  great  strength  from  its  natural 
situation,  and,  if  proper  batteries  were  erected, 
might  almost  bid  defiance  to  an  attack.  From 
the  narrowness  of  the  isthmus  which  connects  it 
with  the  main,  it  could  be  insulated  without 
much  labor  or  expense;  and  this  mode  of  de- 
fence, in  addition  to  strong  batteries,  would,  if  in 
the  possession  of  an  enemy  who  haa  the  superi- 
ority at  sea,  render  it  impreffnable.  In  its  pres- 
ent  situation  it  miffht  easily  be  taken,  and,  when 
tidten,  could  be  held  with  a  comparatively  small 
force.  From  an  attentive  examination  of  the 
bay  and  river  Penobscot  as  high  up  as  Bucks- 
town,  it  is  believed  that  an  enemy  cannot  possess 
himself  of  any  position  along  the  waters  of  the 
Penobscot,  (Castine  and  the  islands  within  the 
bay  except^,)  without  leaving  in  his  rear  places 
advantageous  either  for  driving  him  from  the 
points  he  might  possess,  or  for  cutting  off  his 
retreat;  the  surface  of  the  country  along  the 
river  presenting  innumerable  military  positions. 
The  importance^herefore,  of  fortifications  at  the 
Narrows,  near  Buckstown,  is  of  minor  conse- 
quence when  compared  with  the  defence  and 
possession  of  Castine,  since  an  enemy  would 
nardly  dare  to  proceed  up  the  river  until  he  se- 
cured the  command  at  the  entrance. 

The  very  great  importance  which  has  been 
attached  by  the  Biritish  to  the  possession  of  this 
place  has  been  proved  by  the  events  of  the  late 
and  of  the  Revolutionary  war ;  and  the  conse- 
quences which  would  evidently  result  to  this 
portion  of  the  country  from  an  early  and  contin- 
ued occupation  of  Castine  by  an  enemy  are  so 
obvious,  as  to  supersede  the  necessity  of  dilating 
npon  the  subject. 

lu  bold  i^ater  and  excellent  harbor,  affording 
abeUer  lor  the  largest  fleets,  its  accessibility  at 


all  seasons  of  the  year,  its  favorable  situation  for 
the  entry  of  prizes,  and,  above  all,  its  geographi- 
cal situation,  communicating  in  a  few  days'  sail 
with  Halifax,  and,  by  a  short  route  up  the  Pe- 
nobscoi^  with  duebec,  giving  a  command  of  all 
the  intermediate  country  from  the  Penobscot  to 
the  St.  Croix,  make  its  possession  an  object  of 
the  hij[hest  consequence,  in  the  event  of  another 
war  with  Great  Britain. 

The  undersigned  is  fully  of  opinion  that  Cas- 
tine majr  be  fortified,  without  great  expense,  so 
as  to  resist  any  force  which  would  probably  be 
brought  against  it;  and  that  its  importance  is 
great,  and  such  as  to  merit  the  high  considera- 
tion of  the  Government. 

WILLIAM  BAINBRIDGE, 
United  States  Navy, 

United  States  Navy  Yard, 

New  York,  October  30, 1817. 

Sir  :  In  obedience  to  the  orders  received  from 
the  Navy  and  War  Departments,  the  under- 
signed, commissioners,  officers  of  the  United. 
States  Navy  and  Corps  of  Engineers,  have  ex- 
amined the  ports  and  harbors  east  of  the  Dela- 
ware bay  as  far  as  Portland.  From  Portland  to 
Penobscot  bay,  was  examined  by  only  two  of 
them. 

The  undersiffned  respectfully  submit  to  the 
Departments  of  Navy  and  War,  their  opinions 
of  the  several  harbors  and  ports  which  they  have 
examined,  in  relation  to  their  importance  as  ren- 
dezvous for  ships  of  war,  and  for  depots;  and 
also  of  their  susceptibility  for  defence. 

In  examining  the  chart  of  the  American  coast, 
we  find  various  positions  that  might  be  very  ad- 
vantageously occupied  for  naval  purposes  in  time 
of  war.  There  are  a  number  or  harbors  which 
afford  convenient  rendezvous  for  ships  of  war ; 
and  which  contain  sites  for  depots  and  for  na- 
tional defence.  They  also  combine  facilities  for 
the  organization  of  naval  expeditions.  Some  of 
these  harbors  should  be  occupied  by  the  United 
States,  not  only  for  the  purposes  desired,  but  also 
to  prevent  any  enemy  of  great  naval  power  from, 
taking  possession  of  them  for  similar  purposes  in 
time  or  war.  Possessed  of  these  ]>ositions,  ^uch 
an  enemy  would  be  enabled,  by  their  advantages, 
to  increase  the  evils  of  blockade,  and  perhaps  to 
prolong  the  contest.  The  positions  presenting 
the  most  importance  in  respect  of  good  harbors, 
depots,  and  defensible  site^  are  to  be  found  in 
the  waters  of  the  Chesapeake  and  Narraganset 
bays.  * 

Of  the  harbors  which  the  commissioners  have 
examined  they  have  the  honor  to  state  as  fol- 
lows: 

Penobecot  bay  in  the  Dietrict  of  iUbtne.— This 
bay  is  one  of  the  most  spacious  in  the  United 
States.  It  is  of  easy  access  and  contains  two 
positions  which  can  be  perfectly  fortified,  to  wit: 
Castine  and  Fort  Point.  These  positions  afford 
in  their  immediate  vicinity  good  anchorage.  The 
advantages  which  this  bay  possesses  in  the  gen- 
eral view  abovementioned,  are  much  enhanced 


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Hujtwciu'  tf  Ifte  MbHHMe  FrtmOe^: 


bt  its  sitbatioo,  iii  retiition  to  Canadt  attd  libra 
Sicothi;  The  roQte  into  the  former  country  nr 
direct  upon  the  waters  which  dtsembogae  at  this 
bay,  ancl  which  approach  the  Chandier  emptying 
into  the  St.  LaWreoce.  Although  the  UDited 
States  pc^etBs  harbors  nearer  to  Nora  Scotia 
than  Penobscot  bay,  yet,  from  a  combiofation  of 
advantages,  it  commands  a  preference,  because 
it  seems  better  to  unite,  id  one  .positidd,  the  con- 
renience  of  a  good  hartx)r,  the  benefits  of  a  naral 
depot,  and  the  superiority  of  ground  for  fortifica- 
tion, than  to  possess  them  separately.  It  must 
be  acknowleoged  that  while  an'  enemy  possess 
the  command  on  the  ocean,  Penobscot  bay  could 
be  blocka^.  which,  in  time  of  war,  would  re- 
duce the  united  States  to  the  necessity  of  trans- 
portin^t  by  land  munitions,  6ce^  not  in  depot  at 
Castine  or  Fort  Point:  The  sketch  of  the  bay 
will  present  to  ?iew  the  points  mentioned.  These 
observations  on  reoobscof  bay  are  made  from  the 
examination  of  it  by  Commodore  Bainbridge 
and  General  QwifV. 

Portland^  District  (f  jifatne.— At  this  place  all 
the  commissioners  met  and  proceeded  to  examine 
it  with  the  views  sUbdiitted  in  their  instructions. 
Relative  to  a  navy  yard  or  depot,  the  harbor  of- 
fers one  position  at  Portland-head  near  the  Sack 
Cove,  sufficiently  capacious  for  such  a  Naval  Es- 
tabiisnment,  as  will  be  seen  by  consulting  the 
sketch  of  the  harbor*  This  harbor  and  site  for  a 
depot,  can  be  defended  by  strengthening  the  pres- 
ent works,  by  constructing  enclosed  works  in  the 
rear  of  forts  Scammel  ^nd  Preble,  by  occupying 
Hanaie's  island  with  an  enclosed  work,  and  the 
height  in  Yarmouth  also,  as  indicated  upon  the 
aketch.  The  harbor  of  Portland  is  not  large, 
though  in  every  other  particular  it  is  a  good  one, 
easily  entered;  and  is  a  convenient  haAor  for  a 
squadron  to  '^  make'*  occasionally. 

Portsmouth  JSbrdor.— This  harbor  is  of  easv 
access,  and  has  an  abundance  of  water,  though 
from  its  confined  and  deep  chftdnel  the  tide  runs 
with  too  great  a  velocity  to  allow  a  fleet  to  ma- 
noBUvre  or  to  anchor  in  it  with  sifbty.  It  has  al- 
ready a  building  establishment,  add,  in  the  opin- 
ion of  the  commissioners,  it  would  be  advisable 
to  retain  this  ya^d  on  account  of  the  excellent  ship 
timber  to  be  found  in  its  vicinitv.  The  defence 
of  this  harbor  is  not  difficult;  tne  strengthening 
of  the  present  works,  and  an  enclosed  work  on 
Sullivan's  or  Trefetberii's  island^  would  secure 
the  harbor  from  any  naval  inroad. 

Sakm^  Cajfc  Ann^  and  Marbtehead  Harbors^ 
are  neither  oi  them  sufficiently  capacious,  or  oth- 
erwise well  situated  for-any  other  naval  purposes 
than  occasional  hlirbors. 

^offon.— This  harbor  is  Well  known  to  be 
amongst  the  most  ioanortant,  in  a  commercial 
point  of  view,  in  the  United  Slates.  It  is  capa- 
cious, and  can  be  entered  by  any  vessel  of  war. 
Reports  have  been  in  circulation  that  a  bar  exists 
tt  tne  mouth  of  this  harbor.  The  commissioners 
have  so  far  ascertained  that  this  report  is  unfound- 
ed as  that  there  are  on  this  bar  four  and  one  quar- 
ter ikthoms  of  water  at  low  tide.  The  commis- 
sioners having  examined  this  important  point, 


with«  vie#  of  dtftettiifni'ttjjlts  comparative  value, 
are  of  opfnion  that  BdstcHi  harbor jMiBaessies  teiny 
advaneagei  resultine  f^otai  its  n«drial  oreitn^  ef 
defence,  and  itsamme  spi^fcirildchoriigi»  in  tBf 
lower  harboir  and  NantiEsk^  tsMt^  Othlit'  id^ 
vantages  ate  to  be  found  Ji^  the  prbi^Hhily  of  f^ 
priesent  estibli^hmeut  to  nitfteriau  fbr  Mval  Ma^ 
struction,  iii  the  dense  piopUliifiod  of  tlie  tdWa 
and  its  ?ieinitv.  But  from  the  arieertaftfty  of 
entrance  into  this  harbor,  and  that  a  fiitr^  wfed'ia 
requisite  to  enter  President  Roadi  fr^oit  ibos^  of 
Nantasket;  and  that  the  haH>or  ii  oeeanioMl^ 
obstructed  by  ice;  fnwi  the  diflicaty  of  g^tttt4( 
to  sea  in  eastetly  weather  ;  frbifi  its  susceptibility 
of  blockade,  situate  as  it  is,  at  the  b6tlom  of  the 
bay,  and  from  the  dangerous  iHfvigaflon  of  Boe^ 
ton  bay  in  the  Winter  season,  the  cemmlssloiieta 
are  of  opinion  (with  one  exceptioit)  thift  it  it  ad- 
visable to  retain  the  presetit  estabii^lRiiettt,  cbn* 
nectittf  with  it  a  dry  dock,  for  occvsibnil  buildlotf 
and  repair,  but  that  it  is  not  advisable  to  estt^isS 
a  grent  national  depot  and  rendeirooy  ut  this 
plate.  The  harb6r  can  be  secuted  (Vom  laati- 
time  attack  by  occt^pj^ing  QeotfM^  and  Lotif 
Island,  and  by  strengthening  thi$  menees  of  the 
works  on  Castle,  Governor's  and  Nbddle*s  t^toid; 
Rhode  Island  Hiitbor  and  MwiVynneef  b^ 
Watch  Hill,  Fithei^s  Island  Sound,  and  Itiim 
London  Harbor.-^Tht  examination  of  theM  la- 
tere has  convinced  the  cbmmissioners  thirt  chejf 
are  of  mat  national  valiie,  not  otalv  in  t  nkvil 
point  of  view^  but  also  in  that  of  defence.  The 
connexion  of  them,  which  is  here  made,  is  ift^ 
tended  to  exhibit  the  opinfon  of  the  commistfioe^ 
ers  that  in  naval  as  well  as  in  cdmmereiai  openH 
tions  the  power  of  maintaining  this  comekiott 
should  be  preserved  as  flirmay  be  praetiemble,aiHl 
indeed  extended,  Were  it  idthiii  reatonabte  meatts, 
by  the  line  across  the  sound  Ptom  the  weatem 
extreme  of  Fisher's  Island  by  the  Raee'^d  Gull* 
to  Gardner's  bay.  But  the  dtstaike  ejEhibited  -ea 
the  map  from  Fisher^s  Island  to  the  Gttli^  the 
rapidity  of  the  tides,  and  greet  depth  of  water, 
the  distance  from  the  Gullto  Gaiilii^'s  bav,  am 
the  distance  of  good  anchorage  in  Getdnei's  bay 
from  that  island  are  sucb  as  to  preclude,  tm  the 
unanimous  opinion  of  the  eolnmiskioiiers^  the 
hope  of  extetiding  a  lin^  of  defiance  by  peitaanent 
fortifications  from  Fisher's  Island  to  the  bay  just 
mentioned.  The  use  of  steam  batteeiea  in  theM 
waters  would,  in  the  opinion  of  the  eommisiiefl* 
ers,  aided  by  a  supporting  fortificaf  km  on  Q«#d* 
ner's  Island,  form  an  important  and  imposing 
obstacle  to  the  occupancy  of  these  waters  by  ea 
enemy  who  may  possess  a  greater  naval  foree 
than  the  United  States.  For.  all  the  objecu  of 
naval  rendezvous  a)id  naHonaf  defence,  the  eoo^ 
missioners  agree  unaniili6ii8ly  in  the  etotokm 
herein  expressed,  in  relation  to  theiNiters  cv  fta^ 
raganset  bay,  the  sound,  and  New  Terk.  The 
commissioners,  except  one,  ave  of  opkrien  that 
Narraganset  bay  presents  the  best  site  for  a  natal 
depot  m  the  Union,  north  of  Chesaneake  bay,  far 
the  following  reasons:  The  population  wwift 
two  days'  march  of  this  bav  is  equal  If  not  supe- 
rior to  any  section  of  the  Ualoii  of  equal  ami ; 

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D^knee  qfthe  MarUi$ne  Fr<miier. 


eoQUi^uentlyjtie  means  of  defence  which  a  dense 
popnlation  aifords  is  to  be  fband  in  the  ricinity 
of  it  in  an  equal  degree  with  anjr  other  point  on 
4he  cbsist.  Because,  itt  a  geographical  view,  this 
bay  and  th&t  of  the  Chesapeake,  for  the  two 
great  points  on  the  seacoiast  coiiTenientYy  situated 
as  to  distance  from  the  Atlantic  exii^emes  of  the 
UnioA,  affording  mutual  advantage  to  affect  a 
concentration  of  any  naviil  force,  and  the  line  of 
their  communication  would  afford  to  such  a  force 
the  meats  of  prbtecting  important  intermediate 
positions,  to  wit:  the  Delaware,  NeW  York,  and 
Lopg  Island  soQltd,  because,  particularly,  as  it 
lelates  to  Rhode  Island  harbor,  it  is  very  acces- 
sible from  sea  at  all  seasons  of  the  year;  i( affords 
capacious  harbors,  ban  be  entered  from  the  ocean, 
and  the  ocean  can  be  reached  from  it  in  a  few 
hours'  sail ;  because  it  can  be  entered  when  the 
wind  is  northwest,  and  because  it  is  not  suscepti- 
ble of  a  continued  blockade:  nor  is  it  obstructed 
by  ice.  An  examination  of  this  bay  has  satisfied 
the  commissioners,  with  one  exception,  that  the 
best  site  for  a  great  naval  depot  east  of  the  Ches* 
apeake  bajr  is  to  be  found  in  this  bay,  and  the  va- 
rious positions  upon  the  waters  of  it.  The  sites 
are  (3aspe  Point,  Mount  Hope  bay,  near  Bristol, 
the  basin,  and  Fall  river.  The  basin  at  the  north- 
ern extremity  of  Rhode  Island^  formed  by  the 
north  part  of  the  eastern  passage,  and  the  stone 
bridge  at  Rowland's  Feri'y,  aiid  Fall  river,  at  the 
margin  of  Taunton  river,  present  the  best  sites. 
Both  have  great  advantages;  the  first,  from  its 
accessibility,  and  from  the  circumstance  that  the 
defence  of  Rhode  IsUnd  will  include  that  of  this 
position.  The  latter  named  place  has  natural 
means  Ibr  forming  dry  docks,  and  to  propel  ma- 
chinery by  its  fafls.  Inasmuch  as  ,tbe  water  of 
TVatupot  South  Pond,  can  be  conveyed  by  con- 
dnfts  to  the  basin,  and  as  the  site  at  Fall  river 
woold  involve  an  extensive  line  of  defence,  th^ 
commissiotiers  prefer  the  Basin.  The  commis- 
sionei's  have  received  information  that  an  abun- 
dance of  oak  timber,  iron  q;re,  and  of  Worko^n, 
can  be  procured  within  a  range  of  thirty  miles 
from  this  Basfn.  The  line  of  defence  for  Rhode 
Island  harbor,  including  that  of  the  depot,  is  indi- 
cated upon  the  map  commencing  at  Dutch  Island 
in  the  weoern  piwsage  between  Canonicut  Island 
and  the  main  land,  add  extending  by  the  Domp- 
lins.Brenton's  Point,  Tammany  Bin,Bott's  Hill, 
to  Tiverton  Helghtir. 

In  relation  to  the  connexion  before  mentioned 
of  the  harbor  of  Rhode  Island  and  those  near 
Watch  Hill,  Fisher's  Island  sound,  and  New 
London,  the  line  of  defeacfei  xipoa  these  positions 
is  indicated  on  the*  map.  ftbips-of-war  and  mer* 
chantmen  in  coming  from  sea,  could,  in  a  north- 
eait  wind)  make  the  harbor  by  Watch  Hill  and 
Fisher's  Island,  or  conid  reach  New  Londoa  har- 
boiy  without  being  cut  off  by  an  enemy  oocupy- 
inff  Qardner's  bay.  From  thtst  positions  a  west- 
eiiy  or  southerly  wind  would  enable  Aeets  to  ran 
through  Fisher's  Island  sound  by  Watch  Hill  to 
Rhode  Island  harbor,  without  incurrinff  the  dan- 

Sr  of  being  intercepted  by  any  vessel  lying  in 
irdner's  bay.    The  harbor  or  New  London  is 


of  very  easy  access,  and  is  capacious  and  safet; 
and  in  relation  to  the  line  through  Fisher's  Islana 
sound,  is  deemed  a  very  valuable  harbor.  An 
abundant  depth  of  water  extends  from  New  Lon- 
don to  Comstock  Point.  This  point  has  many 
advantages  for  a  naval  depot ;  tne  commission- 
ers, however,  with  the  exception  before  men- 
tioned.  prefer  Narraganset  bay,  for  reasons  which 
have  been  assigned. 

New  York  J3&r6or.— This  harbor  presents  Itsett 
in  a  twofold  view,  inasmuch  as  it  has  a  donble 
communication  with  the  oceao^and  is  connecteil 
with  Canada  by  means  of  the  Hudson  and  Lake 
Champlaln.  These  views  deservedly  attach  a> 
great  importance  to  New  York  harbor  for  navaH 
and  military  purposes.  Any  shin  of  war  can  e»- 
ter  this  harbor  from  the  ocean,  by  Sandy  Hook^ 
or  through  the  sound,  and,  although  the  commis- 
sioners do  not  deem  it  advisable  to  establish  a 
large  naval  depot  add  rendezvous  at  this  pttce. 
yet  they  advise  the  occtipabcy  of  the  present  yard 
for  occasional  depot,  building  and  repairs,  and  for 
a  dry  dock.  This  depot  should  bt  estdblished  to 
insnre  naval  auppiies,  and  to  aid  such  military 
operations  as  a  state  of  war  may  render  necea- 
sary.  This  harbor  may,  from  the  sound  sidef,  be 
considered  as,  in  some  degree,  connected  with 
New  London,  and  more  narticniarly  so,  as  Frog^ 
Point,  at  the  entrance  or  the  sound,  offers  a  site 
for  a  fortification,  which  would  amply  secure  an 
outer  harbor  to  that  of  New  York.  There  is  an 
abundance  of  water  and  good  anchorage  nettt 
this  point.  New  York  harbor  is  occasionally 
obstructed  with  ice.  ,The  commissioners  werCj 
from  unavoidable  circumstances,  prevented  meet- 
ing and  commending  their  examinations  an  til  th6 
21st  of  July.  The  time  in  which  it  was  necessa- 
ry to  m^ke  up  their  report  has  not  been  sufBcieni 
to  enable  them  to  enter  into  details  of  survey,  at 
of  calculation  as  to  the  expenses  of  construetmg 
forts  at  different  places.  These  calculations  r#> 
quire  much  time,  as  they  refer  to  the  fortification 
of  as  many  sites  as  shall  be  selected  for  defence 
between  Penobscot  Bay  and  New  York.  It  may 
with  propriety  be  said,  that  the  expenses  of  con- 
strocung  fortifications  cannot  be  estimated  from 
the  data  furnished  by  the  costs  of  the  works  that 
have  been  heretofore  erected.  These  works  have 
been,  in  almost  every  instance,  constructed  upon 
the  scale  of  redoubts,  and  not  upon  that  deSteVidg 
the  name  of  fortifications* 

The  commissioners  have,  in  their  survey  ami 
examination,  only  determined  where  it  would  be 
best  to  locate  a  great  naval  depot,  and  where  site^ 
for  defence  should  be  selected.  They  are  con* 
vinced  that  the  impracticability  of  defending  the 
entrance  into  Long  Island  sound  from  the  west- 
ern point  of  Fisher's  Island  to  the  Outl's  and 
Gardner's  bay.  They  are  convinced  thilt  (he 
entrance  through  Fisher's  Island  sound  may  be 
defended.  They  have  indicated  the  positiona 
which  should  be  occupied  for  defence.  They 
have  decided  that  Frog's  Point  can  be  so  securen 
as  to  form  a  good  outer  harbor  to  New  York,  and 
an  inner  harbor  from  the  side  of  the  sOdnd. 

If  the  positions  recommended  should  be  deemed 


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9479 


Privateer  Qeneral  Armetrong. 


MM 


of  sufficient  importance  to  be  occujjied,  engiDeers 
should  be  sent  to  make  the  most  minute  surreysj 
«o  as  to  determine  the  position  and  form  of  the 
works,  which,  when  constructed,  are  to  last  many 
years,  and  which  in  their  construction  must  in- 
Tolre  a  great  expenditure.  As  to  the  expense  of 
constructing  docks,  Ac,  the  remark  in  relation 
to  details  of  fortifications  will  eaually  applv  to 
these  constructions.  The  enclosed  memorandum, 
lelative  to  timber,  workmen,  and  iron  ore,  is  fur- 
nished' for  reference.  Commodore  Bainbridffe 
will  communicate  his  own  opinion  upon  the  sud« 
ject  of  a  great  depot,  as  he  does  not  agree  with 
the  other  commissioners  in  recommending  the 
location  of  such  a  deppt  in  Narraganset  Bay. 
We  hare  the  honor  to  be,  &c., 

J.  G.  SWIFT,  B.  O., 
SAMUBL  EVANS, 
O.  H.  PERRY. 

Hon.  B.  W.  CBOWNlNSBtELD, 

Secretary  of  (he  Navy. 

Old  Point  Comfobt, 

Hampton  Roade^  Jan,  24, 1818. 

The  undersigned,  commissioners  appointed  to 
examine  the  lower  partof  Chesapeake  bay,  Hamp- 
ton Roads,  and  York  ri?er,  for  the  purpose  of  de- 
termining whether  the  entrance  into  the  former 
oould  be  prevented  by  fortifications  extend inff 
from  the  Horse  Shoe  to  the  Middle  Ground, 
whether  the  latter  could  be  so  fortified  as  to  pre- 
Tent  the  entrance  of  a  hostile  force,  hare  the 
honor  to  state,  that,  from  yarious  causes,  they 
were  not  enabled  to  assemble  until  the  latter  part 
of  the  month  of  December.  1817 ;  that  they  com- 
menced to  discharge  the  autjr  assigned  them  on 
the  Ist  of  January,  181.8,  at  Old  Point  Comfort. 
From  the  advanced  stage  of  the  season,  and  the 
consequent  uncertainty  of  having  such  weather 
IS  would  enable  the  commissioners  to  eflfect  a 
thorough  examination  of  the  waters  of  Chesa- 
peake bay,  and  the  entrance  of  York  river,  they 
recommend  that  the  execution  of  their  duty  in 
relation  to  those  places  may  be  postponed  until 
the  first  of  May  next. 

To  the  date  of  this  report  from  the  1st  of  Jan- 
uary, the  commissioners  have  been  employed  in 
turveving  and  examining  Old  Point  Comfort,  the 
Rip  Rap  shoals,  and  the  entrance  into  Hampton 
Roads.  The  result  of  this  examination  is  a  con- 
Tiction,  on  the  part  of  the  commissioners,  that 
the  passage  Into  those  roads  can  be  so  fortined  as 
to  prevent  the  entrance  of  any  hostile  fleet.  The 
extent  and  efficienc]^  of  such  fortifications  will 
depend  upon  the  decision  of  the  Government  as 
to  the  length  of  time  which  the  works  should  be 
enabled  to  withstand  the  attack  of  a  combined 
naval  and  land  force,  of  a  given  magnitude. 

If  tlie  amount  of  resistance  to  be  made  at  this 
pass  be  merely  an  obstruction  of  the  entrance 
into  Hampton  Roads,  without  any  reference  to 
a  land  attack,  the  commissioners  believe  that 
competent  water  defences  may  be  constructed  to 
such  an  effect.  As,  however,  the  object  of  forc- 
ing an  entrance  into  Hampton  Roads  might  be 


deemed  by  an  enemy  worth  the  expense  of  a  teg- 
ular siege,  the  commissioners  deem  it  their  duty 
to  recommend  a  system  of  defence  eaual  to  suen 
an  exigenc]^.  Such  a  system  should  embrace 
the  occupation  of  the  Rip  Rap  shoal  with  a  cas- 
tellated tort :  the  channel  between  thai  shoal  and 
Old  Point  Comfort  with  a  boom  raA;  and  Old 
Point  itself  with  an  enclosed  work:  the  whole  to 
be  so  located  as  to  afford  a  mutual  protection,  and 
to  embrace,  in  the  total,  the  power  to  resist  any 
force  which  may  be  brought  a|[ainst  the  pass  into 
Hampton  Roads.  The  commissioners  have  not, 
as  yet,  been  able  to  collect  sufiicient  data  to  au- 
thorize them  to  offer  you  a  complete  plan.  The 
magnitude  of  the  work  may  affect  the  prices  of 
materials  and  workmanshi]^ ;  and,  as  the  nature 
of  the  substratum  at  the  sites  has  not  yet  been 
sufficiently  ascertained,  no  determinate  amount 
of  expense  can  be  estimated  upon  which  the  com- 
missioners can  with  safetv  rely. 

For  a  general  view  of  the  subject,  the  commis- 
sioners present  the  enclosed  charts,  which  yr^ 
exhibit  the  positions  that  should  be  occupied,  and 
may  enable  you  to  form  some  opinion  oi  the  ap- 
proximate expense  which  the  adoption  of  the 
system  would  involve  ;  in  aid  of  which,  they  also 
enclose  an  estimate  for  a  work  on  the  Rip  Rap 
shoal,  which  is  predicated  on  the  supposition  that 
the  substratum  of  that  site  is  solid,  andT  upon  the 
usual  prices  of  materials  and  workmanship  in 
this  section  of  the  Union. 

It  is  the  wish  of  the  commissioners  to  lay  be- 
fore you  their  reasons  in  detail  upon  the  proposed 
system ;  to  which  effect,  the  commissioners  can 
with  usefulness  employ  their  time  till  May  next, 
in  acquiring  further  information,  and  in  digest- 
ing as  perfect  a  plan  as  the  nature  of  the  case 
wul  admit.*  The  commissioners  deem  it  their 
duty  to  state  to  you  that  Majors  Roberdeau  and 
Kearney,  and  Lieutenant  Blaney,  have  attended 
the  commissioners,  and  have,  by  their  assiduous 
attention,  been  materially  beneficial  in  taxYeY'ing 
and  drawing. 
Respectfully  submitted. 

J.  G.  SWIFT,  B.  G. 

L.  WARRINGTON, 

W.  K.  ARMISTEAD, 

W.  McREE. 

J.  D.  ELLIOTT. 
Hon.  B.  W.  CaowNiNSBiELD, 

Secretary  of  the  Navy, 


BEWAKD  TO  THE  OFFICERS  AND  CREW 
OF  A  PRIVATEER. 


[Communicated  to  the  House,  March  4, 1618.] 

Mr.  Plbasants,  from  the  Committee  on  Na- 
val Affairs,  to  whom  was  referred  the  petition 
of  Samuel  C.  Reid,  captain  of  the  late  pri- 
vate armed  brig  the  General  Armstrong,  on  oe- 
half  of  himself,  the  oflieers  and  crew  of  the  said 
brig,  report : 

It  appeiars  from  the  petition,  and  other  doco- 


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2481 


APPJi2n>IX. 


24S2 


Prtvaieer  General  Artn$tnmg. 


nents,  that  the  eircamsUiDces  whicb  gare  rise 
;o  the  application,  were  in  sabstance  the  follow- 
ng: — Cfaptaio  Reid,  in  the  private  armed  brig 
the  Qeneral  Armstrong,  of  seven  guns  and  ninety 
neD,  left  the  port  of  New  Tork  on  a  cruise,  early 
in  September,  1814 ;  on  the  26th  of  the  same 
month  they  came  to  anchor  in  the  port  of  Fa^al, 
one  of  the  Azores  or  Western  Islands,  belonging 
to  the  Crown  of  Portugal ;  in  the  evening  of  the 
same  day,  a  British  squadron,  consisting  of  the 
PUntagenet  of  seventy-four,  the  Rota  of  forty- 
four,  and  the  Carnation  of  eighteen  guns,  under 
command  of  Captain  Lloyo,  anchored  in  the 
same  port.   During  the  night,  which  was  entirely 
clear,  the  moon  near  or  at  the  full,  and  shining 
brightly,  which  enabled  the  Americans  to  exam- 
ine accurately,  and  observe  distinctlv  the  move- 
menu  of  the  enemy,  four  boats  full  of  armed 
men  were  observed  to  be  approaching  the  Arm- 
strong, from  the  smallest  of  their  vessels  which 
lay  near ;  Captain  Reid  hailed  them  repeatedly  to 
know  what  were  their  views ;  no  answer  being  re- 
turned, and  the  boau  continuing  to  approach  orders 
were  given  to  fire  upon  them,  which  were  in- 
stantly obeyed  with  destructive  effect,  and  after  a 
short  contest  the  boats  retreated  to  their  ships.   It 
was  soon  discovered  that  the  enemy  were  mak- 
ing preparations  to  renew  the  attack,  which  was 
commenced  about  midnight,  with  twelve  or  four- 
teen boats,  containing,  as  was  supposed,  about 
four  hundred  men  completelv  armed  and  prepared. 
AAer  a  most  obstinate,  and,  on  the  part  of  the 
enemy  bloody  contest,  which  lasted  about  fortj 
minutes,  they  were  entirely  frustrated  in  their 
attempts  to  carry  the  brig,  and  again  retreated  to 
their  ships.   In  this  contest  several  of  the  enemy's 
boats  were  destroyed,  and  two  of  them  taken  pos- 
session of  by  the  crew  of  the  Armstrong,  literally 
filled  with  dead.    After  the  second  retreat  of  the 
enem^r,  the  greatest  exertions  were  used  by  the 
Americans  to  prepare  their  vessel  for  action  in 
case  of  another  attack.    About  this  time.  Captain 
Reid  received  a  note  from  Mr.  Dabney,  the  Amer- 
ican Consul,  requesting  to  see  him  on  shore: 
when  he  repaired  thither,  the  Consul  informed 
him  that  the  Portuguese  Qovernor  had  addressed 
a  note  to  the  commander  of  the  British  squadron, 
protesting  minst  his  violating  the  neutrality  of 
the  port,  ana  requiring  him  to  cease  from  further 
outrage  on  those  whom  it  was  his  duty  to  pro- 
tect.   To  this  note  Captain  Lloyd  returned  a 
menacing  reply,  that  he  would  take  the  Arm- 
strong at  every  hazard,  and  if  she  was  injured  by 
her  crew,  he  would  consider  the  place  as  an  ene- 
my's port,  and  treat  it  accordingly.    During  the 
last  action  with  the  boats,  the  Armstrong  lay 
within  pistol-shot  of  the  castle.    Captain  Keid 
then  returned  on  board  his  vessel,  and  about  day- 
break a  cannonade  was  commenced  from  one  of 
the  enemv's  vessels  on  the  Armstrong.    Thus 
situated^  finding  the  enemy  determined  to  per- 
severe in  their  outrage,  and  from  the  immense 
superiority  of  their  force,  knowing  it  would  be 
impossible  to  save  his  vesseL  Captain  Reid,  hav- 
ing due  regard  for  the  safety  of  his  comrades 
who  had  so  nobly  supported  him,  determinined 


to  scuttle  her  and  leave  her ;  this  he  did,  when 
she  was  immediately  set  on  fire  by  the  enemy  and 
destroyed.  In  these  several  contesu,  from  good 
information,  there  is  reason  to  believe  the  loss  of 
the  enemy,  at  a  moderate  calculation,  amounted 
at  least  to  two  hundred  and  fifty  men  in  killed 
and  wounded ;  that  of  the  Americans  was  two 
killed  and  seven  wounded.  The  petition  further 
states,  that  this  British  sijuadron  was  on  its  way 
to  the  West  Indies  to  join  the  force  destined  to 
make  an  attack  on  New  Orleans ;  that  in  conse- 
quence of  the  injury  which  they  susUined,  their 
junction  was  so  much  retarded,and  the  expedition 
so  much  delaved.  that  the  Americans  bad  time  to 
prepare  for  the  defence  of  that  place,  which,  but 
ibr  this  circumsUnce,  could  probably  not  have 
been  effected.  The  petition  concludes  with  a 
prayer  that  Congress  would  bestow  something 
on  those  who  so  gallantly  defended  the  American 
flag,  under  circumstances  so  hopeless ;  and  who 
in  the  contest  lost  nearly  the  whole  of  their  lit- 
tle all. 

This  case  has  engajgred  much  of  the  attention 
of  the  committee.  They  do  not  believe  that  the 
annals  of  our  Government  furnish  a  precedent  of 
rewards  bestowed  on  men  situated  as  were  the 
crew  of  the  Armstrong,  not  in  the  public  service. 
They  are  fully  aware  also  of  the  weight  attaohed, 
and  justly  attached,  to  precedents  which  have 
been  settled  on  due  consideration ;  it  would,  there- 
fore, be  with  much  reluctance,  Uiey  would  con** 
sent  to  establish  one,  to  which  an  appeal  might 
be  made  in  future  cases,  somewhat  analogous  in 
principle.  But  on  mature  reflection,  apprehen- 
sions from  the  precedent  which  may  be  estab- 
lished by  this  case  are  much  diminished.  It  will 
not  be  going  too  far,  in  the  opinion  of  the  com* 
mittee,  to  say,  that  among  all  the  achievements 
which  embellish  the  annals  of  the  late  war,  there 
was  not  one  which  surpassed  that  now  under' 
consideration,  A  few  brave  men  in  the  middle 
of  the  Atlantic  ocean,  who  had  no  personal  in- 
terest in  the  preservation  of  the  vessel  they  de- 
fended, and  the  mere  preservation  of  which,  with- 
out a  miracle,  must  have  been  impracticable, 
could  have  been  actuated  by  nothing  short  of  the 
noblest  motives  which  impel  men  to  the  achieve- 
ment of  valiant  deeds;  those  motives  could  have 
been  only  their  honor  and  the  glory  of  the  flag 
under  which  thev  fought.  They  knew  well  the 
high  value  which  was  placed  by  their  country  on 
the  rising  reputation  of  their  infant  navy ;  they 
knew  it  was  all-important  that  that  rtpuution 
should  be  sustained  by  Americans  in  whatever 
situation  they  might  be  placed :  and  impelled  by 
these  generous  motives,  and  these  alone,  they 
hazarded  everything  to  accomplish  their  object. 
They  succeeded ;  and  though,  after  two  complete 
victories,  the  second  gained  under  circumstances 
of  the  greatest  inequality,  they  were  ultimately 
obliged  to  yield  to  a  superior  force,  yet  the  honor 
of  the  flag  was  supported,  and  the  American 
character  raised  to  an  elevation  calculated  to  pro- 
duce the  most  beneficial  effects.  Should  this 
Congress  bestow  on  these  gallant  men  some  mark 
of  their  bounty,  the  committee  think  it  would  be 


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iiM 


^i'MU^BT'  GwtfQ^  AntutfXM^* 


wtit  beMMT^d;  tfid  sh^dld  if  hite  the  effect  of 
yroiitittg  Bintilir  et^Hibnt  in  AHuri^  wain,  and 
tkHi  prc6€d«Dt  be  oleiKied  in  snppoft  of  Minilar 
tIpplieiitioBi.  tbef  do  not  belieVe  tbis  country  will 
iMrte  eaa^  to  regret  the  at>|[>liettlon  of  a  stnall 
ittoi'  lo  a  purpose  so  beneficial.  Frotn  all  the  cir- 
eUttlstancet  of  the  ease,  the  eotmninee  recom- 
ntwid  to  the  House,  the  passage  of  a  bill  herewith 
reported,  to  ditide  attong  the  officers  and  crew  of 
the  AnnstroDg  the  snm  of  ten  thoo^nd  dollars. 

7b  ^  komrabU  tks  Congrtn  tf  tfte  XMM 

mnMiiM  •* 

The  metibotial  of  Safiiael  C.  Reid,  Ihte  com** 
■laAder  of  the  prhrafte  armed  brfg  Qeneral  Arm* 
atraiig,  on  behalf  of  th«  af&cen  and*  ctew  of  the 
svid  vessel,  rcvpeetfollf  showeth: 

That  oa  the  d6th  Septeibber,  1814.  the  said 
Tessfl  btfidff  at  anchor  ia  the  port  of  Fayat,  and 
baring  on  board  a  crew  of  ninety  men,  and  seven 
f«M,  was  attaeked  by  a  superior  force  itnder  the 
eomioaad  of  Commodore  Lloyd,  iknd  that  the 
Slid  Tesid  was  finally  burnt  and  destroyed. 

For  the  details  of  that  action,  yoor  memoriaHst 
refirs  to  the  letteir  of  John  B.  Dabney,  Bsq.,  then 
Consul  for  the  United  States  atFayal,  to  the  Sec* 
letary  of  State,  dated  5th  October,  1814. 

It  would  not  beoome  your  memorialist  to  speak 
of  the  merit  Hf  any  there  was)  of  the  officers  and 
cfiew  of  the  Armstrong  in  that  action.  He  may, 
never theless,  be  allowed  to  stiste  as  a  fact,  that 
the  squadron  with  which  they  engaged  was  a  part 
of  that  armament  which  w^  destined  to  make 
the  descent  upon  New  Orleans,  and  that  the  in^ 
jury  sustained  by  this  squadron  iki  the  action 
above  mentioned,  delayed  for  a  time  its  junction 
with  the  fleet  then  in  the  West  Indies,  and  thus 
recarded  the  progress  of  the  ekpeditidn,  which 
gave  time  for  the  brave  Jackson  to  collect  and' 
arrange  his  forces* 

The  officers  and  criw  of  the  Arovstrong  do 
not  arrogafe  to  themselves  any  personal  merit, 
by  reaKon  of  events  and  consequences  which 
they  could  not  have  foreseen.  Yet  if,  by  the 
fhithfol  dbcharge  of  their  duty  as  citizens,  they 
have,  under  Providence,  been  the  instruments  in 
effecting  a  great  public  good,  they  may  hope 
thence  to  derive  a  fkirer  claim  to  the  notice  of 
their  Qeveratnent. 

The  memorialist,  on  behalf  of  the  said  officers 
and  crew,  begs  leave  further  to  observe,  that 
when  they  were  attacked  by  a  force  so  vastly 
superior,  and  when  there  was  no  longer  a  hope 
of  suceeesful  resistance,  or  of  th«  preservation  of 
the  vessel,  they  would  hate  been  justified  to  the 
owners,  and  would  peirhap^  have  escaped  the  re« 
proaehee  of  their  fellow-cititens,  if  they  had  aban- 
doned their  vessel,  and  soueht  only  their  personal 
safoty.  But  they  owed  a  duty  to  their  country, 
and  it  was  this  impulse  alone  that  could  induce 
them  to  make  such  resistance  at  the  expense  of 
Vint  livee  and  property,  no  other  object  being  in 
WW  J  and  they  do  hope,  therefore,  that  theirease 
may  not  be  confounded  with  that  of  those  who 


may  have  fought  biravely  firom  the  meie  prospect 
ofjniin. 

The  officers  and  crew  of  the  Armstrong  UnA 
not  the  advanfaires  of  being  in  the  immedinttt 
employ,  uot  of  enjoying  the  pay  and  emolnmeiltf 
of  Gfovernment ;  but  they  have  been  led  to  pr^ 
snme  thet  a  ^rvice  rendered  to  their  country  !g 
not  the  less  meritorious  for  having be^n  performed 
without  the  obligation  of  contract,  or  previous 
stipidation  for  reward. 

It  may  be  true  that  valiant  deeds  are  not  to  b€ 
rewarded  with  money,  yet  the  practice  of  oar 
own  Gfovernment,  ana  that  of  every  civilized 
nation  in  the  Old  World,  testifies  their  opiniom, 
that  sound  policy  requires,  that  the  citizens  oi 
subjects  who  perform  such  deed^  ai  attAct  the 
notice  of  Qovernment,  should  not  want  the  meana 
of  decent  support ;  and  Congress  have  deigned 
to  bestow,  and  our  naval  heroes  have  not  ^- 
dained  to  receive,  pecuniary  reward  for  servicea 
they  mily  have  rendered  their  country  hk  the  de- 
struction of  men  and  ships  of  the  enemy. 

It  is  with  |[reat  reluctance  and  hesitation  that 
your  memorialist,  the  said  Samniel  C.  Reid, 
claims  the  attention  of  Congress  for  himself ;  lu^ 
should  have  beeti  forever  silent,  but  he  can  no 
longer  resist  the  importunities  of  those  who  were 
his  associates  in  that  action,  nor  be  longer  a  pkBr 
sive  witness  to  their  povert]^  and  distress,  some  of 
which  foei  the  smart  of  their  wodnds  to  this  day. 

The  said  offieets  and  crew  having  lost  most  of 
their  baggSj^^  and  other  necessaries^  and  having 
also  suffered  great  privations  and  distress,  airived 
in  the  United  States  about  the  close  of  the  war,  and 
owing  to  the  embarrassments  of  commerce  and 
navigation,  have  been  unable;,  by  an^  exertions, 
to  procure  for  themselves  and  famitiea  a  bare 
subsistence  j  whence  far  the  greatet  nan  of  them, 
and  their  families,  are  now  actually  siiffering 
from  want. 

Your  memodaiist  bath  been  led  to  believe^  that 
these  facts  are  unknown  to  Congress,  and  that 
it  would  not  be  deemed  honorable  to  the  nation 
or  its  Qovernment,  that  those  Whom  the  joufnala 
of  Congt^  have  though  proper  to  eulogize,  Aould 
exist  but  in  mr$ery  and  distieto  in  the  bosom  of 
their  own  counti^. 

SAMtJEL  C.  RSfD. 

Copytfm  ktkrjr^miki  AiAtri^m  Omutd^  Fbf^ 
to  tht  Snteiattf  9fSi9U. 

FxYktsfOckiber  7,  IBIB. 
Sib  :  I  have  the  honor  to  smte  to  you  that  a 
most  outrhgeous  violation  6t  the  neutraility  of 
thid  port,  in  ntter  contempt  of  the  laWs  of  civit* 
ized  nations,  has  recently  been  committed  here, 
by  the  commanders  of  His  Britlinnic  Majeaty's 
snips  Plantagenet,  Rou,  and  Carnation,  a^ast 
the  American  private  armed  brig  Greoferal  Arm- 
strong, Samuel  C.  Reid,  commander,  but  T  bar  is 
great  satbfoction  in  being  able  to  aadj  that  tikis 
occurrence  terminated  in  one  of  the  mo^t  briiiiaBt 
actions  on  the  part  of  Captain  Reid,  his  brave 
officere  and  crew,  that  can  be  found  on  naval 
record. 


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FtMoetr  Omtrat  Amuirmit* 


The  Amerieftii  brif  ctOM to raehor  iDtbif port 
in  the  afternoon  of  the  96cfa  of  Se|)teniber,  md  tt 
idiieet'  of  th«  same  daf  the  aboTV  Btmed  thips 
toddenly  appeared  in  these  roads;  it  being  nearly 
caltti  in  the  port,  was  rather  doubtftrt  if  thd  tiriva*- 
teer  conld  eseape  if  sh^  gbt  under  way,  and  reiy« 
ing  on  the  jtmiee  and  good  fhith  of  the  British 
captains,  it  was  deemed  thoAi  prudent  to'  rennriii 
at  aiefaor.  A  Iltile  after  dusk  Captain  Reid,  see- 
ing soaie  sospicioos  morements  Otf  the  part  of  the 
B^tish,  began  to  Wairp  his  reseel- close  under  the 
gttn^  of  the  castte,  and  while  doing  so,  he  was  at 
about  eight  o'clock  P.  Ml  approach^  by  fbor 
boats  from  the  ships  filled  with  armed  men.  Af^ 
tef  hailintf  them  repeatedly,  and  warning  them 
to  keep  ofli  he  ordered'  his  nlen  to  fire  on  them, 
and  killed  and  wounded  severat  men.  The  boaei 
returned  the  fire  andkilledoneiDiaii  and  wounded 
the  first  lieutenant  of  the  pritateer,  and  retomed 
to  their  ships;  and,aeit  wasuowlk^ht  moonlight, 
it  was  plaSniy  perceired  from  the  brig  as  well  as 
from  the  shore,  that  a  formidabte  attack  was  pre- 
meditating.  Soon  after  midnight,  twelve  or  ihore 
larafe  boats^  crowded  with  men  mm  the  ships, 
and  armed  with  eantnades,  swiveh,  and  bkmder- 
busses,  small  arms,  ^.,  attacked  the  brig;  a  se- 
▼ere  contest  ensued  which  laisted  about  forty 
miftUte^,  and  ended  in  the  total  defeat  and  partial 
destruction  of  the  boats,  with  a  most  uuparalleled 
damage  on  the  pitrt  of  the  Britisfai  It  is  cati^ 
mited  by  giDod  judges  that  near  four  hundred  men 
were  in  the  boats  when  the  attack  oommenced, 
and  no  dotibt  exists  in  the  mind  of  the  nnmeroiis 
speetatoitt  of  the  scene  that  more  than  half  of 
tnem  were  killed  or  wounded ;  several  boaite'were 
deetroyed:  two  of  them  i«tnained  alongside  of 
the  briff  litetully  loaifed  with  their  own  dead. 
From  these  t#o  boata  only  seTenteen  reached  the 
shore  aHve;  moat  of  them  were  sererety  wound* 
ed.  The  whole  of  the  foliowinff  day  the  British 
were  occupied  in  burying  their  dead;  among 
them  Were  two  Uemenants  aad  one  midshipman 
of  the  Rota:  the  first  lieutenant  of  the  Plantage- 
net,  it  is  said,  cauaot  sarviTe  his  wounds,  and 
many  of  the  s^men  who  reached  their  ships  were 
mortally  Wounded,  and  hare  been  dying  daily. 
The  British,  mortified  at  this  signal  and  unez- 
pected  defeat;  endeerrored  to  conceal  theeitentof 
the  loss ;  thev  admi^  howerer,  that  they  bat  in 
killed,  and  wno  hare  died  since  the  eng^^ement, 
upwards^  of  one  handred  aiHl  twenty  of  the  flower 
or  their  officers  and  men.  The  captain  of  the 
Rota  told  me  he  lost  seventy  men  fh>m  his  shipu 
Two  days  after  this  afbir  took  place  the  Britisli 
sloops  of  war  Thais  and  Calypso  came  into  port, 
When  Captain  Lloyd  immediately  took  them  into 
requisition  to  carrr  home  the  wounded  officers 
and  seamen;  they  hare  sailed  for  Bngkad,  one 
on  the  9d,  and  the  other  on  the  4th  instant,  caoh 
oarryinp;  twenty-five  badly  Wonnded.  Those  who 
were  stightlr  wounded,  to  the  number,  as  I  am 
ittfermed,  or  about  thirr^T)  remained  on  boaid  their 
leepective  ships,  and  sailed  last  evening  for  Ja- 
maica. Strict  orders  were  given  that  the  sloops 
of  war  should  take  no  letters  to  Enghind,  and 
those  orders  were  rigidly  ndh«red  to. 


In  face  of  the  testimony  of  all  Fayri,  and  m 
number  of  respectable  stritngers  who  happenhd  to 
be  in  this  pla^e  at  the  moment,  the  British  ootn- 
mander  endeavbr^  to  throw  the  odium  of  thia 
transaction  on  the  American  captain',  Reid,  d* 
leging  that  he  sent  boats  merely  to  reeonnotti^ 
the  htiffi  and  without  any  hostile  intentioo.  The 
pilot=  of  the  port  did  infOrib  them  of  the  privateer 
the  nioment  they  entered 'the  poH.  To  reeon* 
noinre  an  enemy's  Tcssel  ih  a  friendly  port,  at 
night,  with  four  boatsj  carryings  by  the  best  mc* 
obnats,  one  hundred  and  twenty  meu.  is  cie^taiidy 
a  stmnge  proceeding.  The  f9tt  iai;  they  expwted, 
as  the  brig  was  warping  is,  tha^  the  Americana 
would  not  be  prepared  to  receive  them,  and  thejr 
had  hopes  of  carrvinv  ber  by  a  emiff^de  mmwL  if 
anything  could  add  to  the  baseness  bf  this  trma- 
action  on  the  part  of  the  British  comtnandei^,  ilia 
want  of  candbr  openly  dnd  boldly  to  avow  tlM 
facts.  In  vkin  can  be  expect,  by  such'subierfui^ 
to  shield  himaelf  from  the  indignation  of  the 
world,  and  the  merited  resentment  of  his 


Qovemment  and  nation,  for  thus  trauiplittj^  on 
the  sovereirnty  of  their  most  ancient  and  fai^* 
ful  aHy^  and  for  the  wanton  sacrifice  of  British 
lives. 

Oh  the  part  of  the  Atneridans  the  Ibs^  Watr  Com- 
paratively nothing— two  killed,  abd  seven  di^htly 
wourided:  of  the  s1atD^#e  bare  to  himeht  the 
loss  of  the  second  lieutenant,  Mr.  Alexander  O. 
Williams,  of  New  York,  a  brave  and  theritorioik 
officer. 

Among  the  wotihded  are  Messris.  Worth  and 
Johnson,  first  and  third  lieutenants.  Captain 
Reid  was  thus  deprived,  early  ia  the  action^  of 
the  services  of  all  his  lieutenants ;  but  his  cool 
and  intrepid  conduct  secured  him  the  victory. 

On  the  morning  of  the  27th  ultimo,  .one  of  the 
British  ships  placed  bereelf  near  the  shore,  and 
commenced  a  heavy  canaooadc  on  the  primteer. 
Finding  further  resistance  unavailing,  Captain 
Reid  ordered  her  to  be  abandoned  after  being  par- 
tiaMv  de<troy«d,  to  prevent  her  falling  into  the 
hands  of  the  enemy,  who  soon  after  sent  (heir 
boats  and  set  her  on  fire. 

At  aim  o'clock  in  the  evening)  (so6n  after  tlM 
first  attack,)  I  applied  to  the  GoteraoTj  reqdeiC^ 
ing  his  Excellency  to  protect  the  privateer,  eithar 
by  force,  or  by  euch  remonstraico  to  the  com- 
mander of  the  squadron  as  would  eauhe  hin^  to 
desist  from  any  further  atteaapt.  Tha  Qoteiaer. 
ifldiffnant  at  what  had  passed,  but  fediif  hnnaeu 
totailv  unablcj  With  the  slender  means  he  jpo»- 
sesseu,  to  resist  such  a  force,  took  the  part  orri* 
monstrating,  which  he  did  in  forcible  um  respen^ 
ful  terms.  His  letter  to  Captain  Llojrd  had  nio 
other  effect  than  to  produce  a  menaeiaf  refHf^ 
insulting  in  the  highest  degree.  Nothiag  ma 
exceed  the  tndignation  of  the  public  auihoriites^  ■ 
as  well  as  all  ranks  and  descriptioB  of  pcfaona 
here,  at  this  unprovoked  enormity.  Such  wai 
the  rage  of  the  British  to  destroy  thia  veisel^  that 
no  n^fd  was  paid  to  the  safhty  of  the  town ; 
some  of  the  innabitattts  were  wonnded,  ind  a 
ttUflaberofthehooiNa  were  much  dauMfad.  The 

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/TlftlfMi  '  ChfUTOt  ifl'JNiff'Ofl^* 


•trdnfeat  representations  on  this  sobjcct  are  pre* 
parad  by  the  Qoremor  for  his  Coart. 

Since  this  affiiir  the  commander,  Lloyd,  threat- 
ened to  send  on  shore  an  armed  force  and  arrest 
the  privateer's  crew,  saying  there  were  many 
Bngitshmen  among  them;  and  our  poor  fellows, 
afraid  <^  his  Tengeance,  lia?e  fled  to  the  moon- 
tains  sereral  times,  and  have  been  harassed  ex- 
tremely. At  length  Captain  Lloyd,  fearfol  of 
losing  more  men  if  he  p>at  his  threats  in  execu- 
tion, adopted  this  stratagem:  he  addressed  an 
ofieial  letter  to  the  Qovernor,  stating  that  in  the 
Amerioan  crew  were  two  men  who  deserted  from 
iris  squadron  in  America,  and,  as  they  were  guilty 
of  high  treason,  ho  required  them  to  be  found  and 
given  up.  Accordingly  a  force  was  sent  into  the 
oountry,  and  the  American  seamen  were  arrested 
and  brought  to  town,  and  as  they  could  not  desig- 
nate the  said  pretended  deserters,  all  the  seamen 
here  passed  an  examination  of  the  British  offi- 
cers, but  no  such  persons  were  to  be  found  among 
them.  I  was  requested  by  the  Qovemor  and 
British  Consul  to  attend  this  humiliating  exami- 
nation, as  was  also  Captain  Reid,  but  we  de- 
clined to  sanction  by  our  presence  any  such  pro- 
ceedings. 

Captain  Reid  has  protested  against  the  British 
commanders  of  the  squadron,  for  the  unwarrant- 
able destruction  of  his  vessel  in  a  neutral  and 
friendly  port,  as  also  against  the  Government  of 
Portunl,  for  their  inability  to  protect  him. 

No  doubt  this  Government  will  feel  themselves 
bound  to  make  ample  indemnification  to  the 
owners,  officers,  and  crew,  of  this  vessel,  for  the 
great  loss  they  have  severally  sustained. 

I  shall  as  early  as  possible  transmit  a  statement 
of  this  transaction  to  our  Minister  at  Rio  Janeiro, 
for  his  Government. 

I  have  the  honor  to  be,  d^c. 

JOHN  B.  DABNEY. 

To  the  Secrbtart  of  Statb. 


Fayal,  Oe(.4, 1614. 

With  infinite  regret  I  am  constrained  to  say, 
it  has  eventually  fallen  to  my  lot  to  state  to  you 
the  loss  and  total  destruction  of  the  private  arm- 
ed brig  General  Armstrong,  late  under  my  com- 
mand. 

We  sailed  from  Sandy  Hook  on  the  evening  of 
Che  9th  ultimo,  and  ^bout  midnight  fell  in  close 
aboard  of  a  razee  and  ship  of  the  line.  They  pur- 
sued cillnext  noon,'when  they  thought  proper  to 
give  over  chase.  On  the  11th,  after  a  nine  hours' 
chase,  boarded  the  private  armed  schooner  Perry, 
John  Colman,  six  days  iVom  Philadelphia ;  had 
thrown  over  all  his  guni.  On  the  following  day 
fell  in  with  an  enemy's  gun  brig;  exchanged  a 
few  shots  with  him  and  left  him.  On  the  S4th 
boarded  a  Spanish  brig  and  schooner,  and  a  Por- 
tuguese ship,  all  from  the  Havana.  On  the  26th 
following  came  to  in'Fayal  Roads,  for  the  pur- 
pose of  filliDg  water;  called  on  the  American  Con- 
wl,  who  very  politely  ordered  our  water  imme- 
oiateiy  sent  off,  it  t>eiog  our  intention  to  proceed 
to  sea  eaHy  the  next  day.    At*  five  P.  M.  I  went 


on  board,  the  Consul  and  some  other  gefntkmen 
in  company.  I  asked  some  qoestioos  concerning 
enemy's  cruisers,  and  was  told  there  had  been 
none  at  these  trends  for  several  weeks;  when 
about  dusk,  while  we  were  conversing,  the  Brit- 
ish brig  Carnation  suddenly  hove  in  sight,  close 
under  the  northeast  head  of  the  harbor,  withifl 
gun-shot  when  first  discovered. 

The  idea  of  getting  under  way  was  instantly 
suggested ;  but  finding  the  enemy's  brig  had  the 
advantage  of  a  breeze,  and  but  little  wind  with 
us,  it  was  thought  doubtful  if  we  should  be 
able  to  get  to  sea  without  hazarding  an  aeUoiu 
I  questioned  the  Consul  to  know,  i^in  his  o^n- 
ion,  the  enemy  would  regard  the  neutrality  of  tlM 
porti  He  gave  me  to  understand  I  might  make 
myself  perfectly  easy,  assuring  me.  nt  the  same 
time,  they  would  never  molest  us  while  at  anchor. 
But  no  sooner  did  the  enemy's  brig  underhand 
from  the  pilot  boat  who  we  were^  when  she  ion 
mediately  hauled  close  in,  and  let  go  her  anchor 
within  pistol-shot  of  us.  At  the  same  momemt 
the  Plantagenet  and  frigate  Rota  hove  in  nighty 
to  whom  the  Carnation  instantly  made  signals, 
and  a  constant  interchanffe  took  place  for  some 
time.  The  result  was,  the  Carnation  proceeded 
to  throw  out  all  her  boats;  despatched  one  on 
board  the  Commodore,  and  appeared  otherwise 
to  be  makinff  unusual  exertions;  from  these  cir- 
cumstances f  began  to  suspect  their  real  inten- 
tions. The  moon  was  near  its  full,  which  enabled 
us  to  observe  them  very  minutely,  and  I  now  de- 
termined to  haul  in  nearer  the  shore;  aecord- 
ingly.  after  clearing  for  action,  we  got  under  way, 
and  began  to  sweep  in«  The  moment  this  was 
observS  by  the  enemy's  brig,  tht  instantly  out 
her  cable,  made  sail,  and  despatched  four  boats  in 
pursuit  of  us.  Being  now  about  8  P.  M.,  as  soon 
as  we  saw  the  boats  approaching,  we  let  go  our 
anchor,  ffot  springs  on  our  cable,  and  prepared  to 
receive  them.  I  nailed  them  repeatedly  as  chef- 
drew  near,  but  they  felt  no  inclination  to  reply. 
Sure  of  their  game  they  only  pulled  op  with 
greater  speed.  I  observed  the  boats  were  well 
manned,  and  apparently  as  well  armed ;  and  as 
soon  as  they  cleverly  got  alongside  we  opened 
our  fire,  which  was  as  soon  returned ;  but,  meet- 
ing with  rather  a  warmer  reception  than  they  had 
probably  been  aware  o£  they  very  soon  cried  for 
quarters  and  hauled  off;  in  this  skirmish  I  had 
one  man  killed,  and  my  first  lieutenant  wounded. 
The  enemy's  loss  must  have  been  upwards  of 
twenty  killed  and  wounded. 

They  had  now  repaired  to  their  ships  to  prepare 
for  a  more  formidable  attack.  We,  in  the  in- 
terim, having  taken  the  hint,  prepared  to  haol 
close  into  the  beach,  where  we  moored  head  and 
stem  within  half  jnstol-shot  of  the  castle.  This 
done,  we  again  prepared,  in  the  best  possible  man- 
ner, for  their  second  reception.  Aoout  9  P.  M. 
we  observed  the  enemy's  brig  towing  in  a  large 
fleet  of  boats.  They  soon  after  left  the  brig,  aid 
took  their  station  in  three  divisions,  under  corer 
of  a  small  reef  of  rocks,  within  about  musket 
shot  of  us.  Here  they  continued  manmuvriag  for 
some  time,  the  brig  still  keeping  under  way  to 


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Pivt^itttT  CftMTm  'ilrfiiilrof^* 


Mttwith  the  bofttft,  should,  we  at  aoy  tine  at- 
tempt oar  escape. 

The  shores  were  lioed  with  the  inhabitants, 
waitinff  the  expected  attack ;  and  from  the  brij|[ht- 
nese  ofthe  moon  they  had  a  most  £iTorable  view 
of  the  scene.  The  Governor,  with  most  of  the 
irst  people  of  the  place,  stood  by  itnd  saw  the 
whole  afiain 

At  length,  about  midnight  we  saw  the  boats 
in  motion,  (our  crew  having  laid  at  their  quarters 
daring  the  whole  of  this  interval ;)  they  came  on 
in  one  direct  line,  keeping  in  close  order;  and  we 
phiinly  counted  twelve  Mmts.  As  soon  as  they 
came  within  proper  distance  we  opened  oar  fire, 
which  was  warmly  returned  from  the  enemy's 
carronades  and  small  arms.  The  discharge  from 
our  lon|[  Tom  rather  staggered  them ;  but  soon 
reconuoitering,  they  gave  three  cheers,  and  came 
on  most  spiritedlv ;  in  a  moment  they  succeeded 
in  gaining  our  bow  and  starboard  quarter,  and 
the  word  was  board.  Our  neat  guns  now  be- 
came useless :  we  attacked  them  sword  in  hand, 
together  with  our  pikes,  pistols,  and  musketry, 
from  which  our  lads  poured  on  them  a  most  de- 
structive fire.  The  enemy  made  freauent  and  re- 
peated attempts  to  gain  our  decks,  but  were  re- 
pulsed at  all  times,  and  at  all  points,  with  the 
peatest  slaughter.  About  the  middle  of  the  ac- 
uon  I  received  intelligeaee  of  the  death  of  my 
second  lieutenant ;  and,  soon  tfier,  of  the  third 
lieutenant  beinff  badly  wounded.  From  this,  and 
otlier  causes,  I  found  our  fire  had  much  slackened 
on  the  forecastle;  and,  fearful  of  the  event,  I  in- 
stantly rallied  the  whole  of  our  after  division, 
who  bad  been  bravely  defending,  and  now  had 
tUGceeded  in  beating  the  boats  off  the  quarters. 
They  iptve  a  shoot,  rushed  forward,  opened  a 
fresh  fire,  and  soon  after  decided  the  conflict, 
which  terminated  in  the  toul  defeat  of  the  ene- 

two  of 
[possession 
ad;  seven- 
teen only  Scaped  from  them  both,  who  had  swum 
to  the  shore.  In  another  boat  under  our  qoarter, 
conmanded  by  one  of  the  lieutenants  of  the  Plan- 
tagenet,  all  were  killed,  saving  four.-  This  I  have 
fkoin  the  lieutenant  himself,  who  further  told  me 
tlmt  he  jumped  overboard  to  save  his  own  life. 

The  doration  of  this  action  was  about  fortv 
minutes;  our  decks  were  now  found  in  mncn 
•onfusioo,  onr  long  Tom  dismounted,  and  save* 
ml  of  our  carriages  broken ;  man v  or  our  crew 
having  left  the  vessel,  and  others  disabled.  Under 
tlMsa  ekcnmetaneea.  however,  we  succeeded  in 
getting  long  Tom  in  his  birth,  and  the  decks 
cleared  in  some  sort  for  a  fresh  action,  should  the 
enemy  attack  us  agala  before  daylight.  About  3 
A.  M.  I  received  a  message  from  the  American 
Consul,  requestiMT  to  see  me  on  shore,  when  he 
inftmned  me  the  Governor  had  sent  a  note  to  Cap- 
tain Lloyd,  begging  him  to  desist  from  further 
hostilities.  To  which  Captain  Lloyd  sent  for 
answer,  that  be  was  now  determined  to  have  the 
privateer,  at  the  risk  of  knocking  down  tira  whole 
town;  and  that,  if  the  Governor  snffnred  the 
Americans  to  injure  the  privateer  in  any  meaner. 


wnicn  lerminaiea  in  me  loiai  oeieai  oi  in 
in7{  end  the  loss  of  many  of  their  boats;  I 
wnusb,  beloofling  to  the  Rota,  we  took  posi 
of,  literally  loaded  with  their  own  dead ; 


he  should  eonsider  theplace  an  enemy's  port,  and 
treat  it  accordiuffly.  Finding  this  to  be  the  case, 
I  considered  all  hopes  of  saving  our  vessel  to  be 
at  an  end.  I  therefore  went  on  board,  and  or- 
dered all  our  wounded  and  dead  to  be  taken  on 
shore,  and  the  crew  to  save  their  effects  as  fast 
as  possible.  Soon  aAer  this  it  became  daylight, 
when  the  enemy's  brig  stood  close  in.  and  com- 
menced a  heavy  fire  on  us  with  all  ner  force ; 
after  several  broadsides  she  hauled  off,  having  re- 
ceived a  shot  in  her  hull,  her  rigging  much  cut, 
and  her  foretopmast  wounded,  (of  this  I  was  in* 
formed  by  the  British  Consul.)  She  soon  after 
came  in  again,  and  anchored  close  to  the  priva- 
teer. I  then  ordered  the  Armstrong  to  be  scut- 
tled, to  prevent  the  enemy  from  getting  her  off; 
she  was  soon  aAer  boarded  by  the  enemy's  boats, 
and  set  on  fire,  which  soon  completed  her  de- 
struction. 

They  have  destroyed  a  number  of  houses  in 
the  town,  and  wounded  some  of  the  inhabitants. 

By  what  I  have  been  able  to  learn  from  the 
British  Consul  and  officers  of  the  fleet,  it  appears 
there  were  about  four  hundred  officers  and  men 
in  the  last  attack  by  the  boat&  of  whom  one  hun- 
dred and  twenty  were  killeu,  and  one  hundred 
and  thirty  wounded.  Captain  Lloyd,  I  am  told 
by  the  British  Consul,  is  badly  wounded  in  the 
leg ;  a  juT]r  of  surgeons  had  been  held,  who  gave 
as  their  opinion  that  amputation  would  be  necee- 
sary  to  insure  his  lile.  It  is  said,  however,  that 
the  wound  was  occasioned  by  an  ox  treading  on 
him.  The  fleet  has  remained  here  about  a  week, 
during  which  they  have  been  principally  em- 
ployed in  burying  their  dead,  and  taking  care  of 
their  wounded. 

Three  days  after  the  action  they  were  joined 
by  the  ship  Thais  and  bri^  Calypso,  (two  sloops 
of  war.)  who  were  immediately  Uken  into  requi- 
sition oy  Captain  Lloyd,  to  uke  home  the  wound- 
ed men.  The  Calypso  sailed  for  England,  with 
part  of  the  wounded,  on  the  2d  inst.,  among  whom 
was  the  flrst  lieutenant  of  the  Planta|enet.  The 
Thais  sails  this  evening  with  the  remainder.  Cap- 
tain Lloyd's  fleet  sailed  to-day,  supposed  for  the 
West  Indies. 

The  loss  on  our  pait,  I  am  happy  to  say,  is 
eomparativdy  trifling;  two  killed  and  seven 
wounded.  With  regard  to  mj  officers,  in  gene- 
ral, I  feel  the  greatest  satisfaction  in  saying  they 
one  and  all  fought  with  the  most  determined  bra- 
very, and  to  whom  I  feel  highly  indebted  for 
their  officer-like  conduct  durinj^  the  short  period 
we  were  together;  their  exertions  and  bravery 
deserved  a  better  fate. 

I  here  insert  for  your  inspection  a  Kst  of  the 
killed  and  wounded. 

Killed.— Mr.  Alexander  O.  Williams,  second 
lieutenant,  by  a  musket  ball  in  the  forehead,  died 
in5tantly ;  Burton  Lloyd,  a  seaman,  do.,  throogh 
the  heart,  do. 

Wounded.— Frederick  A.  Worth,  first  lieuten- 
ant, in  the  right  side ;  Robert  Johnson,  third  do. 
left  knee;  Basilla  Hammond,  quartermaster,  le|t 
arm;  John  Finer,  seaman,  knee;  William  Cas- 
tle, do.  arm ;  Nicholas  Scalsan,  do.  arm  and  legi 

Digitized  by  VjOOQIC 


9m 


mm 


8)011  of  «gUIU 

It  gi?e9  lae  much  pUa&ore  to  aI)Do^nce  to  yov 
that  oMr  wounded  are  i^ll  in  a  iair  way  of  recov- 
ery, through  the  upremitM  care  i^ad  attention 
of  our  worthy  surgeon. 

Mr.  Daboey,  our  Consul,  is  a^eaueman  pos- 
sessing «?ery  feeling  of  humftnity,  and  to  whom 
the  utmost  gratitude  is  d^e  from  us  for  his  great 
qftre  of  thesidk  and  wounded,  and  bis  polite  at- 
tention to  my  officers  jsnd  myself. 

Mr.  Williams  was  a  most  deserving  and  prom- 
ising officer.  His  country  in  him  has  lost  one  of 
Its  DrigbteiBt  prnMnents,  and  bis  death  must  be 
i^dly  lamented  by  4LI  whp  knew  his  worth. 

Accompiknied  with  ^his  you  will  find  a  copy  of 
my  protest,  together  with  copies  of  letters  writ- 
ten by  Mr.Dabney  to  theOoYernor  of  Fi^yal,our 
Minister  at  Rio  Janeiro,  and  our  Secretary  of 
State.  ThMe^letiLerswillderelope  mote  f^lly  the 
eircumstances  of  4bis  unfortunate  affair. 

We  eznect  to  aail  to-^iorrow  m  n  Portuguese 

brig  for  AP^eljiA  Ifl^i  w^  M^*  ^^^  ^^^  ^ 
our.crew;  till  when,  fxem/un,  gentlepaen,  your 


TMAL  OF  CAPTAIN  CRSIOHTON. 

[Oomaimicatca  to  the  House,  Maroh  4, 1818.] 
Navy  Department,  Fhb.  28, 1818. 

Sib:  I  have  the  honpr  to  transmit,  herewith, 
in  compliauce  with  a  resolution  of  the  Hou^e  of 
Representatives  of  the  26th  instant,  a  copy  of  the 
proceedings  of  the  court  martial  ordered  by  Com- 
mode Isaac  Cbauncey,  at  the  instance  of  Mid- 
shipman lilarston,  for  the  trial  of  Captain  John 
Orae  Cre^hton;  and  also  of  the  mepiprials  of 
the  midshipn^en  and  other  officers  in  the  Medi- 
terranean ,squadron,.emanatiog  from  ^he  proceed- 
ings of  tbe  ^id  court  inartial. 

J  bave  the  honor  to  be,  dl&c. 

R  W.  CROWNINSHI^LD. 

Hon.  the  Speaker  JET.  rf  R. 

MmUes  of  Uie  praceedinga  of  a  court  martial 
ifMemhUd  on  ooard  the  frigate  CoMteUation^ 
in  the  }>ay  of  Naples,  upon  the  ^iOthof  Aug^8tf 

I9I6,  and  held  every  day  afierwardi  tiU . 

Present:  Ciiptain  John  Shaw,  president:  Cap- 
jtnin^.  Charles  Gordon,  O.  H.  Perry,  W.  M.  Crane, 
John  Downes,  members ;  Doctor  Uobert  S.  Kear- 
JKIt  judge  advocate. 

Captain  Creighton  appeared  in  court  and  all 
persons  admiltei^.  The  order  of  Isaac  Cnauncey, 
t%mi^  Commoaofe,  and  commander-in-cbief  of 
the  United  States  naval  forces  in  the  Mediterra- 
nean sea,  dated  the  26th  day  of  August,  1816,  di- 
rected  to  Captain  John  Shaw,  for  the  trial  of  Cap- 
tain John  Orde  Creighton,  of  the  United  States 
ship  Washington,  was  read.  The  several  mem- 
bers of  the  court  were  duly  sworn,  and  the  judge 
advocate  also  sworn.    Captain  Creighton,  beiog 


asked,  decided  he  h^d  no  objeetipna  to  ibe^mn- 
bers  of  the  court. 

The  ooqrt  ||djo|iroe4  till  tOHPAOrrow  at  tea 
o'clock. 

ToBSDAT  MOBiHiio,  Augutt  87, 1816. 

The  court  met,  pursuant  to  adjoaromeiit. 
Present:  the  president,  members,  ana  ju^  ad- 
vocate. 

The  following  charges  and  speetScations,  ad- 
dressed to  the  president,  were  publicly  read  in 
court,  and  in  the  presence  of  <?aptain  Cre^bton; 

Charge  Uu-^OppremotL, 

SpedJication^^lT].  that  on  ibe  8ih  day  of  JuHyj 
in  |he  year  of  our  Lord  one  thousand  ei^Ul  hun- 
dred and  sixteen,  in  coniQtnpt  and  ia  direct  vio* 
laiioQ  of  the  Laws  fpr  the  better  government  of 
the  Navy  of  the  United  States,  John  Orde  Creigh- 
too,  a  captain  ta  the  Navy  of  the  Umted  Statcfi. 
and  in  command  of  the  United  Sutes'  %hiB 
WashiagtoQ,  did^  on  the  quarter-deck  of  the  said 
United  States^  ship  Washitigionj  while  under 
way  in  the  harbor  of  Gibraltar,  then  and  there, 
WLihout  cause  of  provocaiioQ^  violently  mike  me. 
Joho  Marsion,  Jiinior,  wliile  in  the  execution  of 
my  duly,  bting  a  midshipman  on  board  the  Vai* 
led  Siaiod^  i^lAp  afpresaid,  much  to  tay  discom- 
fiture and  di«g^e. 

Cbaboe  Hd^^Uhgetatewumly  and  unqglceriihe 
eotubid, 

iSpec^lScolt^^In  that  on  the  9th  day^  of  Jolf, 
in  tne  year  of  our  Lord  one  thousand  eight  hun- 
dred abd  sixteen,  John  Orde  Creighton,  a  captMii 
in  the  Nary  of  the  United  States'  ship  Wash- 
ington, did  proTokingly  and  falsely  accuse  me, 
John  Marston,  Junior,  being  a  midshipman  on 
board  the  United  States'  ship  aforesaid,  of  teUiQg 
a  mischierous  falsehood;  and  in  that  the  abore 
mentioned  John  Orde  Creighton  did,  then  and 
there,  on  my  denying  the  accusation,  most  re- 
hementiy  threaten  to  heare  me  orerbotra.  assum- 
ing thereby  an  authority  not  guarentied  by  the 
laws  of  the  United  States,  nor  by  the  sacred  prin* 
eiplea  of  justice. 

JOHN  MARSTON,  Jot. 

Captain  Cneighton  being  desired  to  plead  to 
the  foregoing  charges,  pleaded  ^jM>t 


^ ^  ,    ioliawa: 

JoanifH  Opion,  seaman,  btlongiiv  <o  <^  ^^* 


whereupon  toe  caort  proceeded,  to  trinl,  as  toUawa 


ted  Statee'  ahip  Waishington,  ddy.swomon  dm 
Mrt  of  the  proaecution,  saya:  I  aaw  Caplnta 
Creighton  atffike  Mr.  Manton,  who-wma  a^diac 
by  the  dtpatan.  while  the  ship  via  working  oftit 
of  the  bay  of  Oibraitar. 

^n^tion  by  the  epart.  What  did  Captain 
Cceighton  strike  Mr.  Marston  with? 

Answer. .  His  hand— with  his  fist. 

Qruestion.  Did  it  appear  to  you  thnt  Captain 
Cmghton  MtwA  Mr.  Manton  by  aeetdnnt  er 
design? 

Answer.    Design. 

dueation.    What  time  of  day  was  it  ? 

Answer.    Dusk. 

Question.  What  part  <d  his  body  did  he 
strike? 


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Google 


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W^  ^  Qmm  Q5««*rtn. 


Cluestion.    Where  was  Mr.  MarstOQ  ^Uui^Bft? 

Answer.    By  the  capstan,  on  (be  qi^cUr  lUek. 

^esaoo.  lyhea  CapiM^  Creigbtop  Mfsck 
jiilH,  mfhefe  w«re  voa  stfLBcUng? 

Aaswer.  At  the  brfa^t-baobHuy^iUs;  I  was 
aUtioned  (h/^ie. 

iCli]£8tiQD.  Did  Qapuin  Creightpo  Appear  to 
know  who  Mr.  Marston  was? 

Answer.    I  oionoi  say. 

Cluestioo.  How  was  Mr.  Marston  standing 
when  Captain  Creighton  struck  him  1 

Answer.    I  do,notkiu>w  kow be  wasaiiuidMig. 

Cluestion.  Was  there  much  noise  at  the  timiQi 
in  eoQsaqutaca  of  workipg  ship? 

Answer.  There  was  some  noi^  *m  ^Ofase- 
^ueqcis  of  wprkiiy  ship. 

Cluestion.  Did  Capt|u»  CieigklOA  VPwk  tp 
J^T.  M^^oA  W«r<iHor:Afi^r  alfikjag  biatl 

Answei:.  I:^Mui^  isay.    I  didjiot  hear  him. 

Qjoestion.  l/v«0  Mx.  Macstoa  ataJB4ing  alone,  or 
m  a  crowd  ? 

Answer.  I  do  not  recollect. 

ClqesUoQ.  What  «Sa«.t.ha4  (bellow  iipQA  Mr. 
iWlustou? 

Answer.  I did.aociH>t4ce  the  eSeeU 

Cluestion.  Did  Mr.  Marston  »>eak  ta  Captain 
Cfeighto^  after  repelTi^g  the  bkw? 

Answer.  No.    I  did  not  hsar  km* 

Cluestion.  What  induced  you  to  believe  t^at 
Q^ptain  Crejghtoo  suu^k  Mr^M^rftcm  ii^en- 
tionally  9 

Answer,  fie  appeared  to  be  Fery  angry;  that 
induced  me. 

^estion.  Did  he  appear  to.  be  re^y  ^in^^y  ii^ith 
Mr.  Marston  only  ? 

Aaawer.  He  wps  very  apgTy  with  the  nien 
working  ship. 

dneatioQ.  Was  Mr.  Marston  in  uniforip,  or 
easily  distinguished  in  Us  dress  from  tha  piea? 

Answer.  fitbi^^Kufprpyapdeasiiy  distii^^h- 
ed.from  the  men. 

T^Uiestion.  Was  it  dark,  or  broad  daylight  7 

,Aasw<er.  ,It  W4s  dark;  it  was  dusk* 

Cluestion.  Wasjouao  situated  that  you  onlv 
.  •oiud  Me  Cfaptaio  Crs^htton  stiiikeMr.  Maiston  ? 

Answer.  TJhi^c^  wsm  /Hhers  there  who  might 
lnaves^ijL 

C^Utfiiiqi^.  W;hiQh  8^  of  t|ia  capstan  did  this 
occur  ? 

,4^Wff.  Thaa^rhoardside. 

.QrUestion*  Were,  fiot  the.inf  a  working  ahipi«i^ 
:fa  th^  stations,? 
,.  iuuiwec*  X-w. 

Wiimm  fm^Hmmi  hy  CkifUqiH  Crmghm. 

■ftneeiian*  IMroaaotaay  I  had  a  Utmpsi  in 
Am  hfltti  I  atiaek  Mr..MaiaM  «riih  7 

A«nrar.  Toa  iiad  a  immpet  in  .your  handt  bat 
aM  In  tb«  one  yon  siraek  hiia  with. 
L  Aqaaioa.  WaaaotMi-ManknaCandiagwitb 
his  back  lo  ma  1 

Anawar.  leaaaot  say  how  Mr.  IdaialaB  was 
staodiag. 

Cluestion.  Did  you  not  suppose  it  .was  lo  call 
kia  aHeiMftaa^  and  aoi  laaaat  as  aUow? 

Anaftar.  u  waaintaodadaaaUow. 


doMtion.  WasMr.Mavatonstaadiag,  leaninr, 
or  walking  the  deck?  ^  ^' 

Answer.  I  do  not  knotw. 

The  witness  declares  he  knows  nothing  in  xe- 
lation  to  the  second  charge.  Directed  to  wjtii- 
draw. 

The  prosecutor  beingasked,  declined  question- 
tng  the  witness,  and  being  also  asked  if  he  had 
any  other  witnesses  to  produce,  named  a  Mr.  Mld- 
dletOB,  a0d  on  iaq^fy  .being  aaade  for  him,  it 
appeaiss  Jie  is  not  ia  reach  of  the  eoort.  Mr. 
Marston  then  sMKed  that  the  beforamaotionad 
Mr.  Middieton  was  a  material  witness  to  make 
good  bisehargeaagaiaat  Gapuin  Creightaa. 

Ail  parties  wen  ordered  to  withdraw,  and  the 
court  took  the  abo?e  statement  lAto  oonaidiM^ 
tion.  Tbey  obaerre  thereon,  tbat  aa  it  baa. been 
ascertained  that  Mr.  Middieton  is  not  wifbin 
reach  of  the  cQurt.  and  a^o  tbi^t,  ias  be  is  not 
amenable  ta,any  proems  issHing  from  this  conrt, 
amd  as  t)iere  is  no  reasonable  ezpectaMon  that. his 
attendapce  can  be  procured  hereafter^  (bey  qanaqt 
put  off  the  trial  to  a  more  distant  day ;  it  also  ap- 
pearing that  Mr.  Middieton  is  a  witness  both  m 
and  agiiinst  the  prosecution. 

MidsbipfMenTALLMADoaaod  Daaar  ware  doiy 
sworn  on  tba  part  of  the  proaecation. 

MidabiiMDian  Tallmabqb  ezamiped,  states  as 
follows : 

I  heard  Cantaia  Creighton  make  use  of  this 
expression  to  Midshipman  Marston,  that  be  was 

gnuty  of  of  a  malieious  falsehood,  but  bare  since 
een  induced  to  believe  (bat  be  said  a  misdiier- 
ous  one. 

Cluestion  bv  the  aourt.  Did  you  hear  Captain 
iCr^ghton  tell  Midshipman  Marston  he  wonld 
throw  him  overboard  ? 

Answer.    I  did  aat 

duesiion.  Where  was  Captaia  Creigblaaand 
Midshtpa^o  M^istoo  standing  at  the  4iaie  Cap- 
uin  Creighton  said  he  told  a  misehievioHa  falM- 
hood? 

Anawar.  On  the  gannkicki  on  tike  latboard 
side. 

Cla^op.  What  pariK>f  tb^  ahip  w«ra  .y#a  in 
when  you  observed  tpe  parties  1 

Answer.  I WH  pass^pg  |tha  hat^b  Qa.^a^var- 
ler  deck,  ana  stopiMd  tbere.  I  ooMld  mKH^  all 
their  bodies,  I  only  saw  the  lowar  pact  of  iharn. 

Clttastion.  How  did  you  know  that  .Captain 
Creighton  was  speaking  to  Mr.  Marston  t 

Answer.  I  heard  their  vojicfa$  and  iiava  no 
d9ubt  on  the  so|b^^ 

The  prosecutor  hiii^  iMe#4«.  dfdlia^  potijif 
may  questions  to,  the  wiAn^ss. 

WUnesi  wi$  then  quettioned  by  Capt.  Crei^hUnL 
QfUaation.    Are  yoju  positire.it  aras  on, the 

gun-deck  this  ezpjression  was  .qaed  7 
Answer.    Tes. 

ftpestion.    On  what  part  ot  rba  gt^a-dack) 
Answer.    Just  forward  of  tba  biuk«)baad,  near 

the  ladder. 
The  witaasa  was  dirae(f  d  to  wilbdjiaw* 


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AppnsnfEL 


UH 


IHol  tfCapMn  Cte^gki&H. 


Midthipawa  Dbmt  extmiatd,  statei.  that  b« 
kttowi  ootUaif  in  relation  to  tiM  teeood  cbarge 
and  specification. 

WUnei$  que$ti(med  by  proHCUtar. 
dnestion.    Did  not  Mr.  Tallmadge  call  on 
yon  to  witness  certain  expressions  of  Captain 
Creigbton? 

Answer.  He  did  call  on  me,  but  I  heard 
nothing. 

WUmm  que^umed  by  Captain  Cm^^Uon. 
doestion.    When  Mr.  Tallmadf^  called  yon, 
did  Tou  tee  me,  and  what  part  or  the  ship  was 
I  in? 
Answer.    When  Mr.  Tallmadge  called  me,  von 
was  under  the  half  deck;  I  was  on  the  spar-deck 
al  the  after  hatch. 
The  witness  was  directed  to  withdraw. 

Midshipman  Marstoh  desired  that  his  testi- 
mony might  be  heard  by  the  court;  he  was  sworn 
accordingly,  and  stated  as  follows:  On  the  8th  of 
July,  when  we  were  standing  out  of , Gibraltar 
bay,  I  was  attending  as  usual  on  the  quarter-deck 
to  the  commodore.  I  received  a  blow  on  the 
hack.  I  turned  round.  Captain  Creighton  said 
damn  mr  blood,  whv  don't  you  attend  to  hare 
the  fore  braee  hauled  in.  I  saw  the  order  exe- 
cuted. The  next  day  I  wrote  a  letter  to  the 
commodore,  stating  tnat  Captain  Creighton  had 
struck  me.  Captain  Creighton  called  me  on  the 
main  deck,  and  said,  my  report  to  the  commodore 
was  a  mischierous  falsehood.  A  short  time  after- 
wards he  called  me  to  the  starboard  gangway, 
and  made  use  of  the  same  expression.  On  deny- 
ing his  assertion,  he  told  me  ne  would  throw  me 
overboard.  He  then  said,  go  and  tell  the  cem- 
modore  that  he  told  me  to  he  out  of  his  sight; 
which  order  I  obeyed. 

WUnen  qumtim&i  by  the  Ckmrt. 

dueetion.    What  did  he  strike  you  with  1 

Answer.  With  his  fist  as  far  as  I  could  judge; 
he  might  have  had  the  trumpet  clenched  in  his 
hand. 

dnestioo.    Was  the  blow  severe  or  slight? 

Answer.    Pretty  severe. 

4)Aeetion.  Where  was  the  commodore,  and 
how  near  standing  to  you  ? 

Answer.    A  little  forward  of  me, 

daestion.  Did  you  inquire  the  reason  of  the 
blow  at  the  moment  it  wa^  given ;  and  did  you 
eay  anything  to  Captain  Creighton  on  the  sub- 
ject? 

Anawer.  I  did  not. 

duestion.  Were  there  any  persons  near  you  at 
Hm  lime,  either  officers  or  men  ? 

Answer.  There  were  a  great  many  men.  I  did 
not  observe  any  officers ;  there  was  considerable 
bustle. 

duestion.  Was  the  blow  given  to  call  your  at- 
tention to  the  doty  going  on,  or  was  it  from  any 
other  motive  ? 

Answer.  From  the  severitv  of  the  blow,  I  must 
think  it  was  ^en  maliciously. 

duestion.  Was  your  manner  and  language  per- 
fecUy  nspeeiful  to  C^in  Creighton,  when  he 


charged  you  with  having  asserted  a  mtaehievoiis 
falaehood? 

Answer,  ft  was  not. 

duestion.  Did  Captain  Creighton  by  his  man- 
ner show  any  disposition  to  repeat  the  blow  ^er 
you  turned  towanls  him  ? 

Answer.  I  did  not  observe  that  he  manifested 
a  disposition  to  repeat  the  blow.  I  hurried  off  tp 
execute  the  order. 

duestion.  Did  Captain  Creigliton  speak  to  you 
In  a  loud  tone  of  voice  when  be  said.  Damn  m/ 
blood  ?  dbc. 

Answer.  Not  very ;  he  spoke  in  his  common 
tone. 

duestipn.  Was  the  trumpet  in  the  hand  he 
struck  you  with  ? 

Answer.  From  the  feeling  of  the  Uow,  I  think 
it  was  with  the  nlain  fist 

duestion.  Dia  you  make  any  complaint  or  te^ 
monstrance  to  Captain  Creighton,  he  being  your 
captain,  previous  to  your  report  to  the  commo- 
dore? 

Answer.  I  did  not. 

duestion.  Were  you  alone  or  in  a  crowd  1 

Answer.  There  were  scattering  men  around 
me ;  they  were  going  on  with  their  dutf ;  there 
was  no  great  crowd. 

duestion.  Was  the  ship  in  a  situation  to  excite 
much  anxiety  in  Captain  Creighton,  he  being  the 
captain  of  the  ship? 

Answer.  At  the  time  referred  to  the  ship  waa 
not  in  such  a  situation  as  to  cause  anxiety. 

duestion.  Did  Captain  Creighton  strike  many 
of  the  men  on  this  occasion  ? 

Answer.  He  broke  one,  or,  I  believ^  two  rrum* 
pets  over  the  men's  heads. 

duestion.  Were  not  the  officers  generally  at 
their  stations  on  the  deck  7         x 

Answer.  I  saw  no  officer  on  the  deck  at  the 
time  I  went  to  execute  the  order. 

duestion.  How  did  Captain  Creighton  com* 
pel  you  to  retreat  after  yon  turned  towards  him  ? 

Answer.  He  did  not  compel  me;  but  from  the 
manner  in  which  bespoke  a^d  looked,  it  was  my 
wish  to  be  away  from  him  as  quick  as  poaaUte. 

duestion.  Have  you  ever  had  any  convena- 
tions  or  private  interviews  with-  the  aeamaa, 
(your  witness.)  on  the  subject  of  his  evidence, 
and  how  did  you  know  that  he  noticed  the  Mow 
you  complain  of? 

Answer.  I  have  had  no  private  interview  with 
the  sailor.  I  first  heard  from  an  officer  that  the 
sailor  had  observed  the  blow  which  I  received 
from  Captain  Creighton.  1  afterwards  took  an 
opportunky  of  speaking  to  the  sailor  in  the  gang- 
way on  the  sttfaject;  the  opportunity  wae  a  liere 
chance ;  he  was  fofnc  on  with  duty  wick  eonle 
other  men.  I  as&td  hiati  if  he  could  swear  ia 
court  to  this  assertion ;  he  said  he  eooid.  I  add- 
ed, that  I  preeeeMd  a  eourt  martial' ereold  sk  la 
a  tew  days,  and  I  should  call  upon  him. 

dtttition.  Did  any  other  conversation 
place  between  him  and  you  on  this  snfajeet  ? 

Answer.  No. 

dnesttoe.  Did  you  know  that  the  int  1 
has  ever  been  punished  by  Captain  Creiginon? 


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Tfial^CopUnn  CreighML 


Answer*  He  wis  formerly  npttiii  of  themtiii* 
top,  but  broke.  I  do  oot  know  that  he  was 
flogged. 

^ofstioD.  What  officer  told  you  that  this  sea- 
mao  noticed  the  occurrence  j  and  how  long  after? 

Answer.  I  understood  from  several  officers  that 
Midshipman  Crowninshield  had  said  this  man 
saw  the  blowgiren. 

duestion.  Did  Captain  Creighton  say  that  your 
report  was  a  malicious  or  a  mischievous  false- 
hood? 

Answer.  A  mischievous. 

Question.  Which  side  of  the  capstan  were  you 
when  you  received  the  blow  ? 

Answer.  The  starboard  side. 

7%e  wUnesi  quetiioned  by  Captain  Cretghton. 

Question.  Which  hand  had  I  the  trumpet  in  7 

Answer.  I  do  not  recollect. 

Question.  How  far  from  the  capstan  was  you 
standing  ? 

Answer.  About  two  feet. 

The  evidence  on  the  part  of  the  prosecution 
here  closed. 

Commodore  Isaac  Chauncey,  Lieutenant  Shu- 
bfick,  and  Lieutenant  Dudley,  were  duly  sworn 
m  the  part  of  Captain  Creighton. 

Comniodore  Chauncey  examined  as  follows : 

Question  by  the  court  Did  you  see  Ctpiain 
Creighton  striae  Mr.  Marston  ? 

Answer.  No. 

Question.  Do  you  know  anything  in  relation 
to  the  second  charge  ? 

Answer.  Nothing.  The  Commodore  proceeded 
to  stale,  that  he  remembers  the  ship  wu  work- 
ing out  of  Gibraltar  bay,  on  the  evening  of  the 
)tn  July.  He  heard  Captain  Creif^hton  speak  to 
I  person  who  stood  near  him,  and  ludffed  that  he 
ipoke  to  Mr.  Marston,  as  he  heard  Mr.  Marston 
eply,  '^  he  was  attending  on  the  Conamodore." 
Che  next  day  he  receivedf  a  letter  from  Mr.  Man- 
on,  stating  that  Capuin  Creighton  had  struck 
lim.  This  letter  I  handed  to  Captain  Creighton. 
The  following  day  I  received  another  letter  from 
^.  Marston,  containing  the  charges  and  specifi* 
tatioas.  I  had  a  conversation  with  Mr.  Marston, 
ind  made  some  overtures  to  him  by  wa^  of  recon- 
ciling the  subject  of  his  complaint,  suting  (0  him 
ny  belief  that  Captain  Creighton  wu  incapable 
>f  offering  sueh  violence  to  an  officer,  and  that  I 
ioubied  notbnt  Ca^ptain  Creighton  would  readily 
Atisfy  him  on  this  subject ;  these  he  declineo, 
ind  staud  his  reasons  for  doing  so.  I  repeated 
hese  overtures  to  Mr«  Marston  some  days  after, 
md  they  were  still  regjeeted.  I  then  acquainted 
lim  that  as  the  frigate  United  States  bad  now 
arrived,  and  as  soon  as  she  should  be  released 
rom  quarantine,  I  should  order  a  court  martial 
or  the  trial  of  Captain  Creighton. 

Question  by  Captain  Creighton.  Did  I  not  tell 
fou  when  yoo  showed  me  both  of  Midshipman 
klaiston's  letters  that  I  was  entirely  ignorant  of 
he  eircumstances  he  complained  of,  and  have  I 
lot  repeatedly  told  you  so  since? 

Answer*  When  I  showed  Captain  Creighton 
iia  Acst  letter,  he  denied  having  any  knowledge , 
16th  CoH.  Ist  Ssas.— 79 


of  the  eirenmstanee.  Captain  Creighton  has  de* 
nied  ^ver  having  any  intention  to  strike  Mr* 
Marston. 

Question.  Did  not  Mr.  Marston  say  to  you  that 
he  was  nr^ed  by  some  officer  to  write  you  again 
on  the  subject  ? 

Answer.  Yes. 

Question.  Have  you  ever  known  me  to  show 
a  disposition  to  tyrannize  or  oppress  the  officers 
of  the  Washington  ? 

Answer.  No.  I  should  conceive  it  my  duty  to 
check  it,  if  I  made  such  discovery. 

Question.  Do  vou  not  think  that  I  wished  to 
call  Mr.  Marston^s  attention,  and  not  to  strike 
him? 

Answer.  I  never  believed  for  a  moment  that 
you  struck  Mr.  Marston  maliciously.  When  I 
received  Mr.  Marston's  first  letter,  I  supposed  that 
yon  probably  had  pushed  him  with  your  trumpet 
to  call  his  attention ;  it  was  quite  dark  at  the 
time. 

Question.  Do  you  not  think  the  officers  of  the 
Washington  have  every  kindness  and  indulgence 
shown  them  that  the  service  will  admit  off 

Answer.  I  know  nothing  to  the  contrary. 

Question.  If  it  had  been  a  severe  blow,  are  yott 
not  of  opinion,  standing  where  vou  did,  that  yon 
shonld  have  heard  somethiiig otit? 

Answer.   I  think  I  should. 

The  Commodore  further  states  to  the  court 
that  the  shipj  at  the  time  she  was  working  out  of 
the  bay  of  Gibraltar,  was  in  such  a  situation  as  to 
excite  very  great  anxiety  both  in  himself  and  Cap- 
tain Creighton,  and  required  the  exertions  of  all 
the  officers  and  crew. 

The  witness  withdrew* 

The  court  adjourned  till  to-morrow,  ten  o'clock. 

Wednesdat  MoRNiiiG,  Aug.  28, 1816. 

The  court  met  pursuant  to  adjournment.  Pres* 
ent:  the  members  and  Judge  Advocate. 

Lieutenant  Shubrick  examined  as  follows: 

Question  by  Captain  Creighton*  Did  I  not  re« 
quest  of  you  to  see  Mr.  Marston,  and  assure  him 
thatJ  disavowed  having  given  him,  intentionally, 
anything  like  a  blow,  and  that,  if  ha  chose  to 
withdraw  the  charges,  I  would  satisfy  him  fully 
on  what  he  complained  of? 

Answer.  I  told  Mr.  Marston  that  Capt.  Creigh* 
ton  disavowed  any  knowledge  of  having  strunk 
him,  and  that  if  he  would  withdraw  the  cha^|e% 
he  would  satisfy  him  fully  as  to  the  langmge  ha 
comiriained  of. 

Question.  Did  he  not  at  first  show  an  indica* 
tion  to  accept  the  proposal? 

Answer.  I  had  two  conversations  with  Mr^ 
Marston — one  in  the  inorning,  the  other  in  the 
afternoon.  In  the  morning  I  thought  he  mMuir 
fes^ed  some  disposition  to  withdraw  them ;  in  the 
evening  he  did  not. 

Question.  Did  he  not  say  that  Commodore 
Rodgers  was  broke  for  striking  a  midshipman, 
and  that  it  was  only  necessary  to  swear  to  the 
fact  to  have  me  punished  in  the  same  way  ? 

Answer.  He  oiwerved  to  me  that  one  of  the  first 
offieea  in  service  was  broke  on  a  similar  ehaKge, 


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nUd^VapMrn  O^tifcJtoii. 


tnd  Jm  attfmM^  it  oalf  necetNtijto 
I  cold  him  I  Uioa^lit  diffsi 


riathe 
(ml  I  cold  him  I  thoa^fat  difftrentlf .  I  prfr- 
aumed  a  coort  would  inquire  particularly  into  the 
Biemioii  of  the  penoti  clwrged  wkh  the  offettee. 

The  prDseeotor  dtciiDed  pnttiof  any  qoettioos 
to  the  witness. 

Lieutenant  Shubrick  withdrew. 

OiptaHiCreifhton  dedined  troiMing  theeMirt 
with  the  examination  of  Lieuteiwnc  Dvdiej.  The 

frosecutor  claimed  the  pririlege  of  antttBradng 
ientcBant  Dudley,  and  the  eonrt  took  the  aame 
under  consideration. 
All  parties  withdrew. 

The  eonrt  eame  to  the  TCMkAloii  to  addreet 
the  prosecutor  as  follows : 

Bib:  Yon  having  been  highly  fatrored  in  con- 
fteqwonee  of  yoar  yonth.  being  allowed  to  appear 
••  Oft  oTideoce  yoonelf^  had  to  produce  to  the 
Boort  two  addtliooal  witneaaes  m  support  of  yimr 
oharges.  the  eo^rt  decide  that  they  will  not  re« 
,  eeire  the  testimony  of  Lieutenant  Dudley,  he^ 
ye^g  Ibat  It  eannoc  poesibly  be  of  aay  imjpnr- 
laaoe  towaide  the  support  of  your  eharges.  The 
coort  have  aotieed  in  you  a  want  of  due  icspeet 
to  them,  whioh  their  fo^earance  alone  has  hmtt- 
lalom  prerented  iron  noticing.  The  coort  warn 
foa  in  futave  to  bear  in  mind  that  similar  condaet 
win  call  from  them  a  more  strong  expreasiea  of 
their  disapprobation. 

There  being  no  other  witnesses  to  examine  for 
or  agatnat  the  proeeeotor,  Captain  Creighton  pre- 
aemed  to  the  court  the  annexed  defence  which 
was  read  by  the  judge  advocate. 

The  court  was  then  dkardd,  and  the  minntes 
read  over  by  the  judge  advocate,  aad  the  follow- 
ing sentence  pronounced. 

8B1ITB1I0E. 

The  court  having  maturely  and  deliberately 
weighed  and  considered  the  whole  matter,  agree 
that  the  charses  and  specifications  are  not  proved, 
aad  do  therefore  adjudge  Captain  Creightoh  to 
be  acquitted ;  and  he  is  hereby  most  fully  and 
honorably  aeqaitted  aecordia^ly. 

The  court  Airther  agree  in  opinion  that  the 
ovettore  made  bv  Captain  Cre^hton  to  Midship- 
man Marsion,  through  Commodore  Chamroey. 
oven  if  the  ehaiges could  have  been  proven,  ought 
to  have  been  amply  snfllclent  to  an  officer  of  Mr. 
Blartloa's  grade,  more  especially  when  coming 
4ivoagh  the  commander-in-chief,  the  public  guar^ 
diaa  ef  aM  our  rights,  who  advised  it.    It  has  ap- 
peared, moreover,  tnat  a  similar  overture  was 
made  through  the  first  lieutenant  of  the  Wash- 
ington, and  rejected  5  the  coort  do  believe  there- 
from that  the  prosecution  was  persisted  in  from 
malignant  motives,  and  they  feel  it  a  dtity  they 
owe  the  service  to  express  their  decided  disap- 
probation of  soch  malicious,  frivolous,  and  vexa- 
tious accnnttions.    The  court  adjourned  sine  die, 
JOHN  SHAW,  FreMent. 
CHARLES  GORDON, 
O.  H.  PERRY, 
WM.  W.  CRANE, 
JOHN  DOWNES, 
R.  S.  KEARNEY,  J.  A. 
Approved :  L  CHAUNCB Y,  QwiKfr. 


at-.Fr^Mefa.amkgMUimmqfi^tSomit 

I  will  trespass  as  little  on  yotir  patience  as  pea- 
sible,  and  only  make  such  observations  on  the 
subject  before  you  as  appear  neeessarf ,  in  ja^ce 
to  my  own  character  and  reputation. 

I  had  hoped  that  it  would  not  be  fonnd  neces- 
sary to  tronMe  you  at  all  with  this  aflhir;  hot, 
finding  ail  my  exertiops  to  satisfy  the  young  gen- 
tleman were  ineffsctual,  I  was  at  laetdriveeto 
the  necessity  of  asking  the  decieion  of  a  coart 
martial— the  only  way  I  saw  lef^  me  of  checking 
exaggerated  reports,  and  €f  removip|f  onjost  ka'- 
patatioQs  aaaiast  myself;  and  it  is  with  taegieat- 
est  cheerfulness  that  I  place  mv  honor  in  tbe 
hands  of  such  characters  ae  fbm  thiecoort.  TiMy 
can  only  judge  what  is  lighl;  and  aUhe^gh  fMy 
will  tenaciously  guard  a  young  aficer  from  op- 
pression and  wrong,  yet  I  feel  fully  sensible  ihat 
they  will  never  enc6urage  him  in  presuming  ^ 
ypnd  his  age  and  station. 

I  am  charged  with  haviog  struck  a  mi&hfp- 
man  upon  the  quartet- decL  and  of  having  vio- 
lated the  fifteenth  article  ofthe  ^  rules  and  regu- 
lations for  the  better  government  of  the  navjr.** 
I  will  state  to  the  eovrt  how  these  ehngca  onsi- 
nated;  and  I  trust  i'hiive already  p«om«o  ita 
satisfaction  that  it  is  not  the  high  sense  of  hatiar, 
nor  the  fine  feeliiigs,  no^  yet  the  high  eeaee  af  In- 
jury, that  has  induced  this  young  man  fhae  oleti- 
nately  to  reject  e^r^tj  proper  aad  honorable  pro* 
posal  to  satisfy  his  feelings,  but  that  he  has  haen 
worked  upon,  and  hie  miafd  pononed,  by  eame 
unworthy  member  of  our  eorpe,  who,  uaiftAe  fa 
make  himself  oons^euoas  as  an  officer  or  a  aea- 
man,  takes  delight  in  sowing  the  seeds  ofdkecm- 
tent  $  aad^  instead  of  doing  his  utmost  10  conviace 
yonna  officers  that  it  is  impossible  ^  their  eom- 
maoders  to  ^larbor  a  hostile  feeling  towards  tham, 
he  appears  to  exertiise  the  feeble  talent  he  poo- 
scsses  towards  diserganixingthe  shipand  creating 
ineiubordination.  For  bimMf,  it  is  well  he  k€ep§ 
eoneealed ;  but  for  Ac  service  it » Inily  nolor* 
tunala. 

On  the  7th  day  of  July  kst,  while  at  aachar  ia 
the  ba^  of  Gibraltar,  I  received  an  order  to  get 
t^  ship  ander  way,  which  I  attempted,  and  bore 
op  the  anchor.  Finding  I  had  not  wind  eaoogh 
to  take  me  dear  o#  the  vessels  in  the  harbor,  aad 
that  the  carrent  had  set  in  towarde  the  rock,  I 
was  under  the  necessity  of  anchoriag  again,  oatil 
the  boats  of  the  squadron  coald  eeme  to  oar  aa- 
iwiance ;  they  having  eesemhled  round  the  aii^ 
she  was  again  got  under  way.  It  was  then  amit 
sunset;  and,  in  consequence  of  the  light  and  Wof- 
fling state  of  the  wind;  we  were  competed  to 
pass  through  our  own  and  the  Dafeh  sqimdron, 
and  it  required  the  greatest  attention  to  the  Wash- 
ington to  prevent  her  from  falling  on  board  one 
or  more  ships  then  at  anchor.  This  made  hm 
extremely  anxious,  first,  that  no  accident  Bi%ht 
happen ;  secondly,  that  the  ship  should  be  so  man- 
aged as  to  sustain  the  character  the  navy  had  al- 
teady  acquired ;  and,  thirdly,  I  ^iras  anxtoos  far 
my  own  reputation  as  an  officer  and  scsmaa. 
The  sttnation  of  the  sbip;^  therefore,  kept  oie  aoa- 
slantty  in  motion,  sometimes  fa  one  gangivay, 


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then  10  the  other;  aQia«UflM«  ope  «4«  pf  (bfi 

i^oarter-deck}  tben  on  t)ie  otb^r ;  m<1  it  is  not  mi- 

iikel]^.  IQ  IIJAssing  thus  quiel^ly  abottt  thf  4?ck:, 

|li.9t  if  a  nidsbipmao.  or  aov  otbtr  peno^,  stood 

io  my  waVf  I  migbt  have  saoved  bim  out  of  {i, 

or  pusbea  him,  to  call  his  atteotioo.    Bejroad 

thia^  I  declare,  ia  the  presence  of  my  Qod,  was 

aever  my  meaning  or  i^tentioA>  (admitting  the 

fiaqt  2)  and  when  such  trifles  are  magnileaj  and 

made  the  basis  qf  a  serious  charj^e, '%%  can  only  be 

considered  frivolous  and  ve^atioiis  condnet.    If 

he  receifed  anything  like  a  blow,  t  sternly  aver 

it  to  be  an  accident ;  it  never  was  intentional ; 

for  it  would  be  a^  imposyible  for  me  |q  raise  my 

band  in  anger  to  an  inferior  officer,  as  it  wotfid 

be  to  move  Mount  Vesuvius.    But,  gentlemen,  I 

am  a3  ignorant  of  the  whole  of  this  uansaetion  aa 

you  are,  who  did  not  see  it ;  nor  did  I  bear  of  it 

ontii  the  next  day  at  noon.    After  refleetiog  upon 

the  ioatter  freuuently,  I  have  wua^t  slight  vee^- 

JUction  of  speaJting  sharply  to  a  midshipman  then 

atandiog  idle  on  the  quarter-deck,  and  of  his  rer 

flying  that  be  was  attending  on  the  Qommodnre; 
Qt  at  what  time  i(  happened,  or  on  what  part  of 
the  deck,  I  have  racked  my  brain  to  tbiaa,  and 
am  vet  in  perfeet  darkness  xeppecting  iu    I  am 
particularly  anxious  (0  remove  the  impression 
this  charge  would  convey  \  and  I  trust,  later  the 
aolenui  asseveration  I  hare  made,  that  no  memr 
ber  of  this  court,  or  any  other  person  present,  can 
believe  me  to  have  been  capable  of  snob  an  out- 
rage.   Qentlemen,  I  am  anxious  to  remove  it  on 
another  ground.    Can  it  be  supposed  for  a  mo- 
naent  that  I  would  strike  a  midshipman  by  the 
side  of  the  commander-in-chief,  and  one,  too,  that 
I  had  particularly  ordered  to  attend  Uml  Could 
I  be  so  disrespectful?    It  is  impossible;  and  I 
trust  you  are  ail  coarinced  it  is  so*  Had  this  officer 
turned  to  me  at  the  time,  and  said,  ^'Sii^  you  have 
struck  me."  I  should  immediately  have  made  him 
ample  apologr  on  the  spot  for  the  accident,  (for 
it  could  onlyba  accidental,  if  it  oeiQurted  at  all,) 
and  the  mauer  there  would  have  rerted ;  but,  on 
the  contrary,  he  sufiecs  the  afi^toshimber  until 
nonn  the  next  day,  a«4  then  addrenee  a  letter  to 
the  Commodore,  through  whoaa  I  received  my 
iofoimation.    Oflended  at  the  indignity  shown 
me,  I  sent  for  the  midshipman  intae  starboard 
ffangway,  and  inquired,  respeeting  the  subject  of 
his  letter;  and,  believing  myself  as  innoaeni  as 
the  ehild  apborn|  I  did  say  it  was  a  ^  misehtevous 
falsehood.?'    This  )  did  religiously  believe,  and 
therefore  pranouneed  it  so.  But,  acimlttiag  that  I 
did  QUer  some  hasty  expressions,  they  were  forced 
from  me  in  consequence  of  the  very  provoking 
manner  that  he  contradicted  me,  which  the  very 
law  that  he  complaias  I  violated  forbids  him  to 
do;  and  is  there  nothing  to  set  off  against  a  little 
warmth  of  temper?    Does  the  midshipman  re- 
ceive nothing  from  his  captain  ?   To  whom  does 
he  look  for  eomfortsi  for  privileges,  and  indul- 
gences, nay,  for  protection  7    Mr.  President  and 
gentlemen  of  the  court,  I  conceive  this  rod  was 
nerer  intended  to  be  held  over  the  head  of  a  cap- 
tain ;  for  if  he  is  to  be  tried  for  every  imaginary 
wrong  that  an  officer  may  think  proper  to  set 


forth,  thare  is  at  onee  aft  end  to  all  antberUy  and 
subofdination. 

I  beg  you,  gentlemen,  to  bear  in  mind  that  i^ 
mu^  nave  been  dusk  when  the  allege  offence 
was  committed,  and  that  the  complainant  had  bis 
back  to  me;  and  that  I  have  made  every  effort 
to  sooihe  h«s  feelinffe,and  reniove  any  impression 
that  I  meant  to  do  him  an  injury ;  and  I  do  ae^ 
sure  the  court  that  I  have  taken  more  pains,  and 

Sone  further  to  effect  this,  than  I  should  nave 
one  to  an  equal  or  superion  The  court,  1  am 
sure,  will  also  recollect  that  the  principal  aTt- 
dence  they  have,  as  to  the  blow,  is  the  proeeen- 
191  himiielf;  and  I  rest  sati9fied  that  they  wiU 
consider  well  what  he  has  said  before  they  %x^ttm 
his  testimony  to  make  an  impression*  As  to  the 
respeetable  witness  he  brought  in  support  of  the 
charge,  I  have  no  hesitation  of  saying,  as  my 
opinion,  that  he  neither  saw  nor  knew  anvthiag 
of  the  matter  at  the  time  s  and  I  think  I  have 
proved  bv  Lieutenant  Shubrick  that  the  com- 
plainan;  tnonght  it  only  necessary  to  name  before 
this  court,  and  make  oath  to  the  fact,  to  depciva 
me  of  my  sword.  But  whether  ha  will  eocceed 
or  not  tests  with  this  honorable  body.  Therefore, 
gentlemen,  if  it  has  been  proved  to  the  court  that 
what  is  complajaed  of  was  accidental  and  unin- 
tentional, (admitting  that  it  took  place.)  and  that 
it  was  zeal  for  the  service  and  anxiety  tor  the  ship 
that  made  me  notice  him  at  all.  why  then  I  trust 
your  acquittal  will  be  full  and  nonorable  t  and  If, 
on  tbeptber  hand,  vou  are  satisfied  that  1  struck 
him  designedly,  and  in  contempt  of  the  law,  leC 
your  pnatshment  be  as  exemplary. 

JOHN  ORDB  CREIGHTOfir. 


To  J9Si  EjtoiUeneg  James  Monroe^  E$^^  PreH* 
dent  of  the  tfnited  Statee  of  America, 

This  memorial  respectfully  showeth : 

Whereas  we,  as  officers  of  that  Qovernment 
whose  scheme  of  national  welfare  and  virtuous 
policy  has  no  equal  in  the  history  of  the  world, 
conceive  it  our  high  privilege  and  duty,  both  to 
ourselves  and  country,  when  any  grievance  of  a 
serious  and  general^  as  well  as  individual  naturci 
prevails,  to  appeal  in  a  respectful  manner  to  that 
authority  which  officially  created  us,  praying 
suitable  redress  for  the  same.  Ijl  the  present  view 
of  things,  the  power  of  granting  this  the  Presi- 
dent and  Congress  alone  possess. 

It  is  not  intendef}  or  desired  that  denitneiation, 
or  anything  of  an  inflsmmatory  pr  indecorous 
nature,  shall  Uke  any  part  or  have  any  place  in 
this  measure ;  nor  is  there  any  individual  person 
upon  whom  we  wish  ^o  vent  a  splenetic  spirit ; 
nor  yet,  as  we  conceive,  does  the  moving  cause 
alone  concern  any  individual  of  us;  but  that  all, 
particularly  junior  officers  in  the  service,  are 
equally  interested,  though  probably  some  on  home 
stations  may  not  as  yet  be  equally  aware  of  the 
same. 

However  painful  to  your  memorialists,  they 
are  compelled  to  declare  that  the  laws  of  our 
service  ao  not,  in  effect,  secure  us  against  peno- 


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sal  iDJary  from  (we  would  ftin  hope,  and  do  be- 
liere)  the  few  commanders,  and  otner  officers, 
who  may  be  disposed  to  infringe  upon  our  feel- 
ings,  or  do  violence  to  onr  persons,  by  striking 
with  the  fist,  sword,  or  any  other  weapon. 

We  are  free  to  assert,  as  the  facU  hare  been 
QneqoiTocaily  substantiated,  indeed  acknowl- 
edged, that  upon  this  station  American  officers 
kare  not  only  been  cursed,  abused,  insulted,  and 
spurned,  but  traduced,  and  actually  struck,  by 
eertain  commanders,  and  for  which  no  adequate 


be  productiTe  of  a  menial  and  servile  fear,  such 
as  characterize  the  oppressed  and  degraded  ma- 
riners of  fallen  monarchies,  but  can  never  inspire 
or  insure  that  spontaneous  and  dignified  respect 
with  which  officers  should  deport  themselves 
towards  each  other  and  their  superiors.  Your 
memorialisto  beg  leave  to  draw  your  special  at- 
tention, besides  other  instances,  to  the  causes 
which  have  led  to,  and  the  subsequent  proceed- 
ings and  issue  of,  certain  recent  courts  martial 
upon  this  remote  and  important  station,  the  doc- 
uments of  which,  we  presume,  have  been  for- 
warded to,  and  received  at,  the  proper  depart- 
ment. They  deem  it  unnecessary  at  this  time 
to  cite  specificalljr  and  in  deuil  the  numerous 
cases  in  view,  as  it  would  swell  this  instrument 
to  an  improper  length ;  but  when  an  investiga- 
tion of  the  most  important  of  them  shall  have 
been  instituted  by  the  President,  or  any  other 
competent  authority,  it  has  only  to  signify  or  re- 

Jiaire  it,  when  we  stand  prepared  to  substantiate 
acts  and  circumstances  which  no  American  can 
acquiesce  in,  and  which,  we  trust,  that  authority 
to  which  we  appeal  will  not  suffer  to  pass  by  with 
impunity. 

Should  it  be  found  necessary,  as  your  memo- 
rialists apprehend  will  be  the  case,  they  hope 
that  your  wisdom  may  suitably  suggest  and  urge 
to  Congress  the  propriety  of  enacting  a  law,  hold- 
ing sacred  our  reelings  from  abuse,  and  persons 
fVom  injury,  until  duly  convicted  of  offences,  for 
whicb'suitable  punishment  shall  have  been  award- 
ed by  a  competent  tribunal.  That  authority 
which  officially  created  us,  we  are  confident,  will 
not  subject  us  to  injury  and  injustice. 

On  a  home  station  your  memorialists  would 
not  be  under  the  painful  necessity  of  presenting 
this  address  to  your  notice,  believing,  as  they 
most  firmly  do,  that  it  would  not  have  for  its 
foundation  similar  causes  with  those  which  have 
originated  in  extraordinary  and  unwarrantable 
practices  here.  In  regard  to  their  superior  offi- 
cers, they  feel  assured  that  the  Gkivernment  will 
not  decide  in  favor  of  a  presumptuous  declaration 
made  by  an  officer  of  elevated  rank,  that  ^the 
laws  were  not  created  to  be  held  as  a  rod  of  chas- 
tisement over  the  beads  of  post  captains."  Can 
any  American  commander,  we  would  ask,  be 
allowed  to  utter  such  a  monarchical  and  tyran- 


nical sentiment,  particularly  in  the  presence  of 
so  many  young  officers,  who  should  ever  look  up 
to  that  grade  of  officers  for  examples  of  Tirtue, 
patriotism,  and  principles  of  correct  discipline  1 
If  we  are  a  free  people,  as  is  represented  oy  the 
laws  of  our  country,  we  pray  that  tbey  may  not 
be  more  rigidly  enforced  on  inferiors  than  those 
set  over  them,  where  violations  and  crimes  are 
the  same ;  though  laws,  we  are  truly  aware,  ex- 
tend to  all  alike,  and  an  abuse  of  them  cannot  be 
imputed  to  their  defect,  but  abused  authority. 

Your  memorialists  are  not  sensible  of  any  ar^ 
tide  of  the  rules  and  re|(ulations  for  the  better 
government  of  the  navy  ofthe  United  States  that 
IS  in  anywise  too  rigid,  as  it  is  certain  that  a 
system  of  strict  discipline  is  the  basis  and  soul  of 
every  well-regulated  and  efficient  military  estab- 
lishment. 

Your  memorialists  forbear  to  enlarge  further 
upon  this  subject,  upon  the  numerous  and  bane- 
ful consequences  which  are  certain  to  arise  from 
a  state  of  things  where  all  disciplioe  is  disre- 
ffarded.  They  are  too  obvious  to  require  eioci- 
dat ion.  With  alacrity  and  a  laudable  zeal  do  we 
endeavor  to  execute,  with  promptitude,  the  orders 
of  our  superior  officers;  but  if,  Unfortunately,  we 
casually  err,  ts  is  often  innocently  the  case,  we 
desire  to  be  corrected,  as  the  (Government  has 
ever  contemplated,  by  the  salutary  mode  pre- 
scribed by  itself. 

With  every  confidence  in  the  justice  of  the 
Chief  Executive  of  our  beloved  country,  we  beg 
leave  to  subscribe  ourselves,  with  the  most  un- 
feigned respect,  sir,  your  obedient  humble  ser- 
vants, 
James  Qoodrum,  William  J.  Belt. 

Henry  D.  Scott,  Jacob  Crowninshield| 

Dan'l  L.  Desaussure,    Francis  Sanderson, 
Charles  Bllery,  Benjamin  Tallmadge, 

William  Jamesson,       John  M.  Channine, 
Otho  Sullings,  Robert  Armistea<^ 

Corne's  K.  Stribbling,   Irvine  SbubrieJ^ 
Fred'k  Wolbert,  jr.,      David  R.  Stewart, 
French  Forrest,  Thomas  R.  Gerry, 

Walter  F.  Jones,  William  C.  Wetmore, 

Thomas  A.  Cooover,    Charles  Boarman,  jr., 
John  B.  Montgomery,   Solomon  Rutter,  jr., 
John  A.  Cook,  Matthew  C.  Stout, 

Abraham  Hosack,        •Rob'tB.Cunnioghami 
Charles  Qaunt,  James  G.  Bonghao, 

Richard  M.  Potter,       ArchM  R.  Qogardo^ 
Joseph  Mattison,  Edward  A.  Lansing, 

George  A.  Weaver,      Wm.  M.  Armstrong^ 
F.  W.  C.  Story,  Joseph  Moorhead, 

Charles  Lowndes,        Thomas  Patten, 
Patrick  H.  Overton,     George  F.  Pearson. 
William  W.  Ramsay,  Russell  Baldwin, 
Wm.  H.  Campbell,       John  P.  Tutde, 
Richard  S.  Hunter,      Joshua  W.  Cochran, 
George  N.  HoUias,        Green  Lynch, 
John  S.  Nicholas,  William  F.  Shields, 

James  T.  Gerry,  Jobn  L.  Cumming,  ^ 

AHdshipmm* 


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PUBLIC  ACTS  OF  CONGRESS} 


PASSED  AT  THE  FIRST  SESSION  OP  THE  FIFTEENTH  CONGRESS,  BEGUN  AND  HELD 
AT  THE  CITY  OF  WASHINGTON,  MONDAY,  DECEMBER  1,  1817. 


An  Act  to  ftbdith  the  IntMnal  Datief. 

Be  it  enacted  by  the  Senate  and  Eouee  of 
Bepreeentativea  of  the  United  States  of  Amer- 
ica, in  Congress  assembled.  That,  from  and  after 
the  thirty-first  day  of  December,  one  thousand 
eij^ht  hundred  and  seventeen,  the  internal  duties 
on  licenses  to  distillers;  on  refined  su^rs;  li- 
censes to  retailers ;  sales  at  auction ;  carriages  for 
the  conveyance  of  persons ;  and  8taini)ed  yellum, 
parchment,  and  paper,  shall  be  discontinued ;  and 
all  acts,  and  parte  of  acts^  relative  thereto,  shall, 
from  and  after  the  said  thirty-first  day  of  Decem- 
ber, be  repealed:  Provided,  That,  for  the  collec- 
tion, recovery,  remission,  and  receipt  of  such 
duties  as  shall  have  accrued,  and  on  the  day 
aforesaid  remain  outetanding,  and  for  the  pay- 
ment of  drawbacks  or  allowances  on  the  exporta- 
tion of  any  of  the  said  spirits  or  sugars  legallv 
entitled  thereto,  provided  the  exportation  t^  er- 
feeted  previous  to  the  first  day  of  January,  one 
thousand  eight  hundred  and  nineteen,  and  for  the 
recovery  and  distribution  of  fines,  penalties,  and 
forfeitures,  and  the  remission  thereof,  which  shall 
hare  been  incurred  before  and  on  the  said 
thirty-first  day  of  December,  the  provisions  of 
the  aforesaid  acts  shall  remain  in  full  force  and 
Tirtue. 

8co.  8.  And  be  it  Jurther  enacted,  That  the 
offices  of  the  collectors  of  the  internal  duties  and 
direct  tax  shall  continue  in  each  collection  dis- 
trict, respectively,  until  the  collection  of  the  du- 
ties abovementioned,  and  of  the  direct  tax,  shall 
have  been  completed  in  such  district,  and  no 
longer,  unless  sooner  discontinued  by  the  Presi- 
dent or  the  United  States,  who  shall  be,  and  here- 
by iS)  empowered,  whenever  the  collection  of  the 
said  duties  and  tax  shall  have  been  so  far  com- 
pleted in  any  district  as  to  render,  in  his  opinion, 
that  measure  expedient,  to  discontinue  any  of  the 
said  collectors,  and  to  unite  into  one  collection 
district  an^r  two  or  more  collection  districts,  lying 
and  being  in  the  same  State ;  in  which  case  the 
collectors,  thereafter  employed  in  the  collection 
of  the  said  duties  and  tax  in  such  State  or  district, 
shall  be  appointed  and  removeable  by  the  Presi- 
dent alone;  and  for  the  promoting  of  the  collec- 
tion of  any  of  the  abovementioned  duties  or  tax, 
which  may  be  outstandingafter  the  said  thirty- 
first  day  of  December,  theTresident  of  the  United 
States  shall  be,  and  be  hereby  is,  empowered,  at 
any  time  thereafter,  to  make  such  alfowance  as 
he  may  think  proper.  In  addition  to  the  commis- 


sions now  allowed  by  law,  to  any  of  the  collectors 
of  the  said  duties  and  tax,  and  the  same,  frota 
time  to  time,  to  vary :  Provided,  That  the  whole 
of  such  additional  allowances  shall  not,  in  the 
affgregate,  exceed  five  per  centum  of  the  amount 
of  the  duties  and  tax  paid  into  the  Treasury  after 
that  day ;  and  that  the  extraordinary  allowances 
authorized  by  the  second  and  fourth  sections  of 
the  act,  passed  March  third,  one  thousand  eight 
hundred  and  fifteen,  entitled  ""An  act  to  fix  the 
compensation  and  increase  the  responsibility  of 
the  collectors  of  the  direct  tax  and  internal  duties, 
and  for  other  purposes  connected  with  the  collec- 
tion thereof,"  shall,  after  the  said  thirty-first  day 
of  December,  cease ;  and  the  office  of  commis* 
sioner  of  the  revenue  shall  cease,  and  be  discon- 
tinued, whenever  the  collection  of  the  duties  and 
tax  abovementioned  shall  be  completed,  unless 
sooner  discontinued  by  the  President  of  tne  Uni- 
ted States,  who  shall  be,  and  hereby  is,  empow- 
ered, whenever  the  collection  of  the  said  duties 
and  tax  shall  have  been  so  far  completed  as,  ia 
his  opinion,  to  render  that  measure  expedient  to 
discontinue  the  saiS  office;  in  which  case,  the 
immediate  superintendence  of  the  collection  of 
such  parte  of  the  said  duties  and  texes  as  may  then 
remain  outstanding,  shall  be  placed  in  such  officer 
of  the  Treasury  Department  as  the  Secretery,  for 
the  time  beioff,  may  designate:  Provided, hotO' 
ever.  That  all  bonds,  notes,  or  other  instrument^ 
which  have  been  charged  with  (he  payment  of  a 
dutv,  and  which  shallot  any  time  prior  to  the 
said  thirty-first  day  of  December,  have  been  writ- 
ten or  printed  upon  vellum,  parchment,  or  paper, 
not  stamped  or  marked  according  to  law,  or  upon 
vellum,  parchment,  or  paper,  stamped  or  marked 
at  a  lower  rate  of  duty  than  is  by  law  required 
for  such  bond,  note,  or  other  instrument,  may  be 
presented  to  any  collector  of  the  internal  revenue, 
or  collector  of  the  customs  within  the  State,  and. 
where  there  is  no  such  collector,  to  the  marshal 
of  the  district,  whose  duty  it  shall  be,  upon  the 
payment  of  the  duty  with  which  such  instrument 
was  chargeable,  together  with  the  additional  sum 
of  ten  dollars ;  tor  which  duty  and  additional  sum, 
the  said  collector  or  marshal  shall  be  accountable 
to  the  Treasury  of  the  United  States;  to  endorse 
upon  some  part  of  such  instrument  his  receipt  for 
the  same ;  and  thereupon  the  said  bond,  note,  or 
other  instrument  shall  be,  to  all  intents  and  pur- 
poses, as  valid  and  available  to  the  person  holaing 
the  same,  as  if  it  had  been  or  were  stamped,  or 


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APPENDIX. 


2508 


Pvhlic  Act8  of  Ckmgrem, 


marked,  as.by  law  reqaired;  anything  in  any  act 
to  the  contrary  notwithstanding.  _ 

Bw}.Z.  And  be  U  Jkrther  evkUlBdi  tkat  All 
persons  who  shall  ohtain,  or  who  shall  have  ob- 
tained, licenses  for  stills  or  boilers,  or  for  selling 
bj  retail,  or  certificates  for  carriages,  extending 
bnyoid  ttie  ftaid  Ikf Ky-fiftt  dt  DeoAtiher^  shM  U 
allowed  a  dedneiion  from  the  dsties  pari  or  ae* 
cured  by  them,  proportionate  to  the  part  of  their 
term  which  may  remain  unexpired  on  the  said 
thirty-first  of  D^ember ;  and  the  sereral  banks 
or  bankers  which  may  have  amed  to  make  the 
annual  com|>osition  of  one  ana  a  half  per  centum 
on  their  dividends,  in  lieu  of  the  stamp  duty  on 
the  notes  issued  by  them,  shflll  pay  only  at  the 
rate  of  one  and  a  half  per  centua  per  annum  on 
stich  dividends  for  the  ponion  of  a  year  that  shall 
remain  from  the  time  of  the  lasit  annual  payment 
to  the  said  thirty-first  of  Decefnber.  to  be  (»ti- 
mated  upon  the  dividend  ot  dividenas  that  hate 
beeti  or  shall  be  declared  and  made  by  sueh  bank 
or  bankers,  respectivel]r,  within  a  year  from  the 
tiae  ^t  such  last  aanual  pavment)  and  in  all 
easel  ih  Whicii  payments  shall  hate  beeh  made, 
or  dtiti^  secured,  fbr  i^  term  eitendibg  beyond 
the  MA  thitty-fir^t  tif  December,  on  account  ot 
any  certificiite^  for  the  tise  of  a  carriage,  or  license 
to  distil  oi  retiil,  so  much  of  the  sums  so  paid  or 
secured,  al  shall  be  proportioned  to  the  part  ef 
the  term  which  may  remain  unexpired,  shall  be 
refunded  or  remitted :  Provid^d^  That  all  duties 
on  sales  at  auction  ejected,  and  on  refined  sugar 
removed,  previously  to  the  first  day  of  January, 
ohe  thousand  eight  hundred  and  eighteen,  shall 
be  paid  in  the  tame  manner  tis  if  this  aot  had  not 
been  passed. 

Sac.  4.  And  be  it  JurtlUr  endctedf  That  all 

Seirsbns  Who  shill,  od  or  after  the  said  thirty-first 
ay  of  December,  have  iny  blank  vellum,  parch- 
me^,  or  paper,  which  h48  been  stamped,  and  on 
which  a  duty  has  been  paid  to  the  use  of  Qovera- 
meilt,  shall  b^  etititled  to  ttceits,  from  the  col- 
lectbr  of  the  district  to  whom  M  may  be  delivered, 
or  f^om  such  other  revenue  officer  in  the  respec- 
tive Stated  or  districts  as  may  be  designated  for 
Xhki  purpose  by  the  Secretary  of  the  Treasury, 
the  vilue  of  the  said  stamps,  after  deducting,  m 
all  cases,  seven  ftnd  a  half  per  c^btum;  and  the 
said  officers  are  hereby  authorized  to  pay  the 
same:  Provided,  The  said  blank  velluih,  parth- 
m^ht,  or  paper  be  presehted  within  four  months 
after  the  told  tbirtt-first  of  December. 
.  Sic.  5*  And  be  itfiiriher  enocletf.  That  on  all 
sums  that  may  be  refunded  in  virtue  ot  this  act, 
as  well  as  all  sums  received  after  the  thirty-first 
day  of  December  aforesaid,  and  before  notice  of 
this  ^ct,  the  collectors  shall  be  allowed  a  commis^ 
sion  of  six  per  centum,  to  be  charged  by  them  iti 
settlibg  their  accounts  with  the  Treasury  De- 
partment. 

Sfic.  6.  And  be  itjurther  enacted^  That  in  case 
a  collector  shall  not  have  in  his  handb  a  sufficient 
sum  out  of  which  to  refund  the  sums  authorized 
to  be  refunded  by  this  act,  or  to  defVay  the  ex- 
ttettses  incident  to  the  collection  Of  the  outstand- 
ing duties  and  direct  tax,  such  repayments  and 


expenses  shall  be  made  apd  defrayed  out  of  aay 
money  in  the  Treasury  not  otherwise  appro- 
priate!. 

Sbc.  7.  And  be  itjurther  enacted,  That  if,  on 
the  settlement  of  the  accounts  of  any  collector 
relative  to  the  direct  tax  and  internal  duties,  bal- 
ait«es  sbAll  b6  fattbd  diie  to  ftnd  from  him  o&  the 
dtfkMat  McMtfta,  tlaf  m«f  U  adjiuted,  so  u  to 
ascertain  the  final  balances;  and  if  this  be  in 
favor  of  the  collector,  it  shall  be  paid  ovt  of 
anj  money  in  the  Treasury  not  otherwise  appro- 
priated* 

Sbo.  8.  And  be  it  Jurther  enacted.  That  the 
fifth  section  of  the  act,  pasaed  the  tniid  day  of 
March,  one  thousand  eight  hundred  and  fifteen, 
etttttled  <'Ati  a6t  to  fit  the  eottpensation  ihd  Ilk- 
crease  the  reftpoBslbility  of  the  collectors  of  ^ 
direcit  tax  and  interflal  duties,  and  for  other  pur- 
poses connected  With  the  eoUection  thei^f,^  ilnaU 
cease  after  the  thirty-first  day  of  Decem^ri  oae 
thousand  eight  hundred  and  seventeen. 

^       JOHN  GAILLABD, 
PreHdent  pro  tem.  of  the  StmUe^ 
^       HBNRY  CLAY, 
Speaker  ofBbuee  <^  Repreeentatitti. 

Apt>rbted,  December  23, 1817.  , 

JAMES  MONRO)S. 


An  Act  ihrther  to  prolong  the  conttnuanee  of  the  UM 
at  Philadelphia. 

Be  it  enacted,  fc^  That  the  act,  entitled  ^^Aii 
act  concerning  the  Mint,"  approved  March  the 
third,  one  thousand  eight  huAdred  and  ooe^  is 
hereby  revived,  and  continued  io  ibrce  and  opera- 
tion for  the  further  term  of  five  years  from  the 
fourth  day  of  March  next. 

Seo.2.  And  be  itjurther  emuied,  That,  during 
the  continuance  of  the  Mint  at  the  city  of  Phila- 
delphia, the  duties  which  were  enjoined  on  the 
Commiasioiier  of  Loads  for  the.Stateof  Pennajrl- 
vania,  by  the  seconci  section  of  the  act,  entitMd 
"An  act  concerning  the  Mitft,"  ptkssed  on  the  third 
day  of  March,  one  thousand  eight  hundred  and 
one,  shall  be  performed  by  theX}olleetot  of  the 
port  of  PhiladiBlphia  for  the  time  being. 

Approved,  January  l4^  1818. 

An  Act  allowing  cofnpensatloii  to  the  membew  of  fh^ 
iSenata,  members  of  the  Hotue  of  RepineMtttativea 
of  the  United  Sutes,  sad  to  the  Dd^tes  of  ihie 
Territories,  and  repeaKng  afi  other  laws  on  ttiai 
subject 

JBe  it  Miaded,  f  c,  t^hat,  at  every  iieasioii  of 
Congress,  and  every  meeting  of  the  Senate  in 
the  recess  of  Congress,  after  the  third  dar  of 
March,  in  the  year  one  thousand  eight  hnnared 
and  seventeen,  each  Senator  shall  be  entitled  to 
receive  eight  dollars  for  everyday  he  has  attended!, 
or  shall  attend,  the  Senate,  and  shall  also  be  al- 
lowed eiffht  dollars  fbr  every  twenty  milei  of 
estim&tea  distance,  by  the  most  usual  road,  fit>A 
his  place  of  residence  to  the  seat  of  Congress^  ^t 
the  commencement  |knd  end  of  every  sueh  aea- 
sioti'and  meeting  ^  and  that  all  sums  for  travel 


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IXFBRPIX. 


2SI0 


alretdy  petfbrmed,  t»  be'  doe  ftiid  fwytble  at  tiie 
time  efmnsbg^  this  aef.  And  in  caaeairy  member 
cf  the  Senate  baa  been,  is,  or  sbelt  be,  detained 
bf  siekneaa  on  hk  joaroey  to  or  from  stieh  ssaston 
or  meeting,  or,  after  bis  arritai,  has  been,  ia,  or 
shall  be,  noaUe  to  attend  the  Senate,  be  shall  b^ 
entitled  to  tha  same  daitf  aliowanco.  And  the 
President  of  the  Senate  pro  tempore,  when  the 
Vice  President  baa  been,  or  aball  be.  absent,  or 
when  hia  office  shall  be  v^cant^  shall,  daring  the 
period  of  his  services,  receive,  in  addition  to  bfs 
compensation  as  a  member  of  the  Senate,  eight 
dollars  for  every  day  he  has  attended  or  shall 
attend  the  Senate:  Provided  ahoap9j  That  no 
Senator  shall  be  allowed  a  sum  eiceeding  tha 
rate  of  eight  dollars  a  day,  from  the  end  of  one 
such  session  or  meeting  to  the  time  of  his  taking 
bia  seat  in  another:  Provided  a2fo,  Thar  no 
Senator  shafi  receive  more  for  going  to,  and  re^ 
tnming  from,  the  meeting  of  the  Senate  on  the 
ibarth  day  of  March  last,  than  If  this  act  had  not 
been  passed. 

Sac.  2.  And  be  it  fUrther  enacted.  That  at 
every  session  of  Congress  after  the  said  third  day 
of  March,  one  thousand  eight  hundred  and  seven- 
teen, each  representative  and  delegate  shall  be 
entitled  to  receive  eight  dollars  for  every  day  he 
has  attended,  or  shall  attend  the  House  of  Renre- 
sentatives,  and  shall  also  be  allowed  eight  dollars 
ibr  every  twenty  miles  of  the  estimated  distance, 
by  the  most  usual  road,  from  his  place  of  residence 
to  the  seat  of  Congress,  at  the  oommencement 
and  end  of  every  such  session  and  meeting ;  and 
that  all  sums  for  travel  already  performed,  to  be 
due  and  payable  at  the  time  oi  passing  this  act. 
And  in  case  any  representative  or  delegate  has 
been,  is,  or  shall  be,  detained  by  sickness,  on  his 
journey  to  or  (torn  the  session  of  Congress,  or, 
after  his  arrival,  has  been,  is,  or  shall  be,  unable 
to  attend  the  House  of  Representatives^  he  shall 
be  entitled  to  the  same  daily  allowance.  And 
the  Speaker  of  the  House  of  Representatives 
shall  be  entitled  to  receive^  in  adaition  to  his 
compensation  as  a  representative,  eight  dollars 
for  every  day  he  has  attended,  or  shall  attend, 
the  House :  Provided  alwctifs^  That  no  represen- 
tative or  delegate  shall  be  aHowed  a  sum  exceed- 
ing the  rate  of  eight  dollars  a  day,  from  the  end 
of  one  session  to  the  time  of  his  taking  his  seat 
in  another. 

Sfio.  3.  And  be  it  Jurtker  enacted^  That  the 
said  compensation,  which  shall  be  due  to  the 
mambers  of  the  Senate,  shall  be  certified  by  the 
President  thereof^  and  that  which  shall  be  due  to 
the  representatives  and  delegates,  shall  be  certi- 
fied by  the  Speaker ;  and  ihiesame  shall  be  passed 
as  public  accounts,  and  paid  out  of  the  publie 
Treasury. 

Sio.  4.  And  be  itjurthertnadedj  That  all  act^ 
and  pavta  of  acta,  on  tbe  sobiiaet  of  oompenaation 
to  nMmbers  of  the  Senate  and  of  the  House  «f 
Repreaentativaa,  and  delegaaea  of  tbe  TerriteriaiL 
be,  and  the  saaoe  are  hereby,  repealed  fromaM 
after  the  third  day  of  liareh  kaC. 

Approved,  January  f^  1818. 


An  Act  making  farOier  pMvtrian  Ibr  lepauing  tlM 
pnblit  bnildiafs. 

Be  it  enacted  ^c^  That  for  the  purpose  of  r»> 
pairing  the  puMic  buildings,  a  sum,  not  exceed* 
ing  two  hundred  thousand  dollars,  be,  and  the 
same  is  hereby,  appropriated,  to  be  paid  out  of 
any  moneys  in  tbe  Treasury' not  otherwise  ap- 
^opriated,  and  to  be  applied  by  the  commisslonec. 
under  the  direction  of  the  President  of  the  United 
States. 

Approved,  January  87,  tSlS. 

An  Act  to  allow  the  benefit  of  drawback  on  merehan* 
dise  transported  by  land  couTeyance  fiom  Bristol  to 
Btatony  and  from.  Boirton  to  BjtiatoV  in  like  aaauMf 
as  if  the  same  wwe  transpoitad  coastwise. 

Be  it  enacted^  ^.  That  all  goods,.  waias|  ^nd 
merchandise,  duly  imported  inta  either  of  tJie 
porta  of  Bristol  and  Boston,  whieb  shall  be  trana* 
ported  by  land  conveyance  from  the  port  of  Brii^ 
tol,  by  the  way  of  Dighton  and  Tanaton,  to  Boa* 
ton ;  or  from  Boston  on  the  same  route,  to  Bria* 
tols  and  which,  being  imported  iatoBcistd  slukll 
be  exported  from  Boston ;  or  being  imported  iota 
Boston  shall  be  exported  from  &istoli;  shall  ba 
entitled  to  the  benefit  of  the  daawback  of  the  doi- 
ttea  thereof,  upon  exportation  to  any  foreign  pert 
or  place,  under  the  same  provisions^  reiioTaiicB^ 
restrictions,  and  limitations,  aa  if  the  sand  gpod«| 
wares,  and  merchandise,  were  traaa^orted  eoasA* 
wise  from  one  to  another  of  the  said  distiietaf 
and  on  the  praviso,  that  all  tbe  provisions^  regv<* 
latioaa,  limitations,  and  restrictions^  existing  ia 
the  case  of  goods,  wares,  and  mef  chandise^  trana* 
ported  by  any  ot  tbe  rontea  mentioned  in  tfie 
seventy -ninth  sectioA  of  the  act,  entitled  *'An  aol 
to  regulate  the  collection  of  duties  on  importa 
and  tonnage,"  pasaed  the  second  day  of  Maicb| 
one  thousand  seven  hundred  aad  niaaty-niiia^ 
shall  be  duly  observed. 

Approved,  February  6^  1818» 

An  Act  makiDg  appropriations  for  the  payttent  of  Ule 
nrraarafea  winch  ba^e  bean  hicnned  Ibr  the  aoppoH 
of  the  Milittiy  Estahlishaent,  preVkma  to  te  im 
of  Janoaaey,  one  thousand  eight  kmidred  and  aava» 


Be  it  enacted,  ^c.  That,  for  defrayiaff  any  es* 
peases  which  may  have  been  incurred  for  the 
aonport  of  the  Military  Bstablishment,  and  these 
wnich  have  been  incurred  for  caUing  out  the 
militia,  previons  to  the  first  of  July,  one  thousand 
eight  hundred  and  fifteen^  there  be  appropriated 
the  sum  of  fonr  hundred  thousand  dollars;  and 
that  there  be  appropriated  the  further  sum  of  one 
hundred  thoasand  dollars,  to  defray  any  of  the 
aforesaid  expenses  which  may  havelMeeB  incurred 
from  tbe  first  of  July,  one  thousand  eight  hundred 
and  fifteen,  to  the  first  of  January  one  thonaand 
eigbt  hundred  and  seventeen. 

Sbo.  2.  And  be  it  further  enacted.  That  tha 
act  passed  on  the  third  of  March,  one  thousand 
eight  hundred  and  seventeen,  entitled  ^'An  ael 
supplementary  to  an  act,  entitled  'An  act  further 
to  amend  the  aeveral  acts  for  tbe  establishflMnt 


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APB1NDI2L 

PuWc  AtU^ff  O^ngpBm. 


uu 


tlid  r^oUuioD  of  the  TreMorj ,  War,  tsd  Nary 
Departments,''  shall  not  be  to  construed  as  to 
prevent  the  President  from  making  transfers  from 
any  appropriation  which  may  haye  been  made 
for  the  support  of  the  Miilury  Establishment, 
previous  to  the  first  of  January,  one  thousana 
eight  hundred  and  seventeen,  agreeably  to  the 

Srovisions  of  the  act  passed  on  the  third  o£ 
larch  one  thousand  eight  hundred  and  nine, 
further  to  amend  the  several  acts  for  the  estab- 
lishment and  regulation  of  the  Treasury,  War, 
and  Navy  DeMtrtments. 
Approved,  February  16, 1818. 

An  Act  to  incorporate  the  Cohmibian  Insurance  Com- 
pany of  Alexandria. 

Be  it  enacted,  f  c,  That  the  Columbiaii  Insn- 
tance  Company  of  Alexandria^  which  was  formed 
and  established  in  the  town  of  Alexandria  on  the 
twenty-eighth  day  of  April,  in  the  year  one  thou- 
sand eight  hundred  and  fifteen,  be  and  they  are 
hereby  created  a  body  politic,  and  by  that  name 
shall  have  succession,  shall  sue  and  be  sued,  im- 
plead and  be  impleaded,  in  covenant,  debt,  case, 
(y  bill  or  by  warrant,  betore  any  judge  or  justice, 
and  in  all  courts  of  law  and  equity. 

8sc.  2.  And  be  ii  further  enacted,  That  the  cap* 
ital  of  the  said  company,  which  now  consists  of 
twp  hundred  and  seventy-seven  thousand  dollars, 
in  shares  of  fifty  dollars  each,  may  be  increased 
whenever  the  business  of  the  said  company,  in 
the  opinion  of  the  president  and  directors  for  the 
time  being,  may  require  it,  to  an  extent  not  ex- 
ceeding one  million  of  dollars,  in  like  shares. 

Sec.  3.  And  beitJuHher  enacted,  That  the  ex- 
isting board  of  president  and  directors,  of  said 
company  may  serve  in  those  capacities  until  the 
next  election  of  directors,  on  the  first  Monday  of 
November,  in  the  year  one  thousand  eight  hun- 
dred and  eighteen;  fourteen  days  before  which 
period  public  notice  shall  be  given  by  the  said 
president  and  directors  to  the  stockholders  that 
an  Section  will  be  held  on  that  day;  and  they 
fliall  appHoipt  two  or  more  other  stockholders  as 
eommissioners  to  superintend  the  same ;  at  which 
action  every  stoeknolder  shall  be  enti^  to  give 
one  vote  for  each  share  which  has  stood  in  his 
name  twenty  days  last  preceding,  for  eleven  per- 
sons, being  stockholders,  citizens  of  the  United 
States,  and  residents  of  tne  District  of  Columbia, 
or  of  the  county  of  Fairfax,  in  Virginia,  as  direc- 
tors of  said  corporation.  The  persons  thus  dtcct- 
ed  4hall,  at  their  first  meeting,  proceed  forthwith 
to  fix  the  salary  of  the  president,  and  afterwuds 
to  his  election  from  their  own  body,  and  shall 
continue  in  office  until  the  succeeding  election  of 
directors,  and  no  longer.  Under  the  isame  regu- 
tations  snail  an  election  be  repeated  annually. 
But  if  one  happens  not  to  be  made  on  the  day 
hereby  limited,  this  charter  shall  not  therefore  be 
void,  provided  an  election  be  completed  within 
thirty  days  thereafter.  No  person  shall  continue 
president  or  director  after  ceasing  to  be  a  stock- 
holder. 

Sao.  4.  And  be  itjurther  enacted,  That  the  pre- 1 


tideat  and  direetora  shall  have  power  to  anke 
regulations  for  the  government  of  the  eorpocation: 
Provided,  They  be  not  repugnant  to  the  laws  of 
the  United  Sutes  or  this  act :  to  appoint  a  aao> 
retary,  all  other  officers  and  servanta,  and  to  ibi 
^their  compensations ;  to  supply  vacanciea  in  their 
own  body:  to  hold  such  real  estate  aa  may  he 
necessary  for  the  transaction  of  their  baaiaeM,  net 
exceeding  in  amount  forty  thousand  doliara,  or 
that  may  be  conveyed  to  them  as  aecniity  for 
debt;  to  ve«  the  corporate  funds  in  stock  of  the 
United  Sutes,  or  of  any  of  the  individoai  States^ 
or  in  atoek  of  any  incorporated  compaayi  this 
corporation  bein^  inhibited  from  issuing  any 
promissory  note  in  the  way  of  banking;  to  leal 
money  on  bottomry  and  respondentia;  to  insaie 
lives;  also^roperty  against  all  meaner  of  risks: 
Provided,  Every  insurance  be  expressed  in  wri- 
ting, signed  by  the  president,  and  atteated  by  the 
secretary ;  and  to  sell  the  snares  of  any  stock- 
holder who  shall  fail  to  give  satisfactory  aecority 
for  any  part  thereof  that  may  be  unpaid  ;  aJao  to 
sell,  if  tne  security  which  may  have  b^n  given 
be  manifestly  impaired  and  deficient,  and  such 
stockholder  shall  fail  to  make  it  satisfactory  when 
thereunto  required ;  and  further,  to  sell  if  such 
stockholder  shsll  fail  to  pay  instalments  when 
demanded :  nor  shall  any  such  sale  preclude  the 
liability  of  any  such  stockholder,  his  executors,  and 
administrators,  the  endorser  or  endorsers,  or  any 
security  he  may  have  given,  from  making  good 
any  further  injury  which  may  be  sustained. 

0EC.  5.  Andbeiijuiiher  enacted,  That  the  said 
president  and  directors  shall  conduct  business  in 
the  town  of  Alexandria,  in  the  District  of  Co* 
lumbia;  that  they  shall  keep  proper  books  and 
record  their  proceedings  therein;  that,  on  the 
first  day  of  May  and  the  first  day  of  November  in 
every  year,  they  shall  declare  a  dividend  of  so 
mucn  of  the  clear  profits  as  they  may  deem  advi- 
sable, and  within  ten  days  thereafter  sha//  pmf 
the  same  to  the  stockholders :  but  it  shall  not  be 
lawful  for  the  said  president  and  directors  to 
include  in  such  dividend  the  premium  of  any  risk 
which  has  not  actually  terminated,  nor  to  divide 
more  than  two-thirds  of  the  clear  profits,  nntiL 
by  the  half-yearly  appropriation  of  the  other  third 
thereof,  a  contingent  fund  of  twenty  thousand 
dollars  shall  be  formed ;  and  so  often  as  the  fund 
shall  be  impaired  by  losses,  the  said  president  and 
directors  shall  continue  the  half-yearly  appropri- 
ation aforesaid,  until  it  be  restored  to  the  amount 
before-mentioned. 

Sic.  6.  And  be  itjurther  enccted,  That  every 
director  who  shall  be  present  at  the  declaration 
of  any  dividend,  in  violation  of  the  sixth  aee- 
tion  of  this  act,  shall  be  individually  answerable 
to  the  stockholders  for  the  injury  resulting  there* 
from,  unless  his  protest  be  recorded  on  the  books 
of  the  corporation. 

Sbc.  7.  And  be  itjurther  emoted,  That  every 
stookholder  may  seU  and  transfer  his  atoek,  pro- 
vided the  transferee  give  satisfactory  aeenrity  lor 
the  regular  payment  of  auch  part  of  said  stock  ai 
may  then  be  uncalled  for  and  uppaid ;  but  tfi 
debts  actually  due  and  payable  to  the  corporation 


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hj  iht  transfecer,  nust  be  satisfied  before  saeh 
transfer  sball  be  made ;  and,  until  sacb  debts  be 
recovered  and  paid,  all  diTldeads  doe,  and  which 
may  become  doe,  shall  be  applied  to  the  credit 
thereof,  unless  the  president  and  directors  shall 
direct  to  the  contrary. 

.  Sbo.8.  And  Im  UJurtker  enacUd,  That  this 
corporation  shall  continue  until  the  thirty-first 
day  of  December,  in  the  year  one  thousand  ei^^ht 
hundred  and  thirty-seven  i  and  on  the  dissolution 
or  expiration  of  this  charter,  the  president  and 
directors  for  the  time  being  shall  take  prompt  and 
efiectual  measures  for  dosinf^  all  its  concerns; 
but  no  such  dissolution  or  eipiration  shall  operate 
so  as  to  prevent  any  suits  being  brought  or  con- 
tinued by  or  against  the  said  corporation  for  anv 
debt  or  claim  due  by  or  to  the  same,  and  which 
arose  previously  to  said  dissolution  or  eipiration  3 
bot,  for  the  purpose  of  closing  its  concerns,  its 
corporate  powers  shill  remain  unimpaired. 

Sbo.  9.  And  be  li  further  enacted^  That  Con- 
gress majr,  at  any  time  during  the  period  for 
which  this  charter  is  granted,  repeal  and  annul 
the  same. 

Approved,  February  16, 1818. 

An  Act  making  provision  for.  the  establishment  of  ad- 
ditional land  offices  in  the  Territory  of  HissoorL 

Be  a  enactedj4c^  That,  for  the  disposal  of 
the  kmds  of  the  United  States  west  of  the  Mis- 
sissippi river,  avd  in  the  Territory  of  Missouri, 
in  aadition  to  the  land  office  now  established  by 
law,  ther«  shall  be  established  within  the  said 
Territory  the  following  offiees,  to  wit :  One  at 
the  seat  of  justice  in  the  county  of  Howard,  for 
all  the  lands  lying  within  the  following  bounda- 
ries; beginning  at  a  point  where  the  western 
line  of  range  ten,  west  from  the  fifth  principal 
meridian,  intersecu  the  north  line  of  township 
tbiitjr-four ;  thence^  west  with  said  township  line, 
to  where  the  same  mtersects  the  Osage  boundary 
line;  thence,  north  with  the  Osage  boundary 
line,  to  the  Missouri  river ;  thence,  up  and  with 
the  Missouri  river,  to  the  western  Indian  bound- 
ary line  at  the  mouth  of  Kansas  river;  thence, 
north  with  the  said  western  Indian  boundary  line^  to 
where  the  same  shall  intersect  the  northern  Indian 
boundary  line;  thence,  east  with  the  said  northern 
Indian  boundary,  to  wnere  the  same  shall  intersect 
the  aforesaid  west  line  of  range  ten;  thence, 
south  with  the  said  range  line,  to  the  place  of  be- 
ffinning.  And  a  land  office  snail  be  established 
la  the  coontf  of  Arkansas,  at  such  plaee  as  the 
Psesident  shall  deem  most  convenient,  for  all  the 
IsDds.inthe  district  boaaded  as  follows:  begin- 
ning on  the  river  Mississippi,  at  the  thirt)r^hird 
de^ae  of  north  latitude;  thence,  up  and  with  the 
MiMissiMH  river,  to  the  mouth  of  St.  Francis 
riTer,  where  the  base  line  intersects  the  same ; 
theme^  west  with  the  said  base  line  to  where  the 
same  shall  intersect  the  meridian  on  which  the 
Oaage  boundary  line  is  run ;  thence,  due  south, 
to  tie  thirty-third  parallel  of  latitude;  thence, 
east  with  the  said  parallel,  t6  the  place  of  begin- 
hImc.    And  a  land  office  shall  be  established  at 


the  seat  of  justice  in  the  county  of  Lawrence,  for 
all  the  lands  in  the  district  bounded  as  follows : 
beginning  on  the  base  line,  at  the  mouth  of  St. 
Francis;  thence,  up  and  with  the  Mississippi 
river,  to  the  intersection  of  the  same  by,  the  north 
line  of  township  fifteen  north ;  thence,  west  with 
the  said  north  line  of  township  fifteen,  to  where 
the  same  shall  intersect  the  Osage  boundary  line; 
thence,  due  south  to  the  aforesaid  base  line; 
thence,  east  with  the  said  base  line,  to  the  place 
of  beffinning.  And  a  land  office  shall  be  estab- 
lished at  the  town  of  Jackson,  in  the  county  of 
Cape  Girardeau,  for  all  lands  in  the  district 
bounded  as  follows :  beginning  on  the  Mississippi 
river,  where  the  north  line  of  township  fifteen 
north  intersects  the  same ;  thence,  up  and  with 
the  Mississippi,  to  its  intersection  bv  the  north 
line  of  township  thirty-four  north ;  thence,  west 
with  the  said  north  line  of  township  thirty-four, 
to  the  Osage  boundary  line ;  thence,  south  with 
the  said  "boundary,  to  the  north  line  of  township 
fifteen;  thence,  east  with  the  said  township  line, 
to  the  place  of  beginning.  And  all  the  lands 
within  th«  following  boundaries  shall  fbrm  a  dis- 
trict for  the  land  office  established  by  law  at  St. 
Louis,  in  the  county  of  St.  Louis,  viz:  beginning 
on  the  Mississippi  river,  where  the  north  line  of 
township  thirty-four  north  intersects  the  same; 
thence,  up  and  with  the  Mississippi  river,  to  the 
mouth  or  Desmoin  river;  thence,  up  and  with 
the  Desmoin,  to  the  north  Indian  boundary  line; 
thence^  west  with  the  said  boundary,  to  the  west 
line  of  range  ten  west ;  thence^  south  with  said 
range  line,  to  the  north  line  or  township  thirt^r- 
four  north ;  thence,  east  with  the  said  township 
line,  to  the  place  or  beginning. 

Sec.  2.  And  be  it  Jurther  enacted^  That  so 
soon  as,  in  the  opinion  of  the  President  of  the 
United  States,  there  shall  be  a  sufficient  quantity 
of  the  public  lands  surveyed,  within  all  or  either 
of  the  land  districts  herebv  established,  to  author- 
ize  the  opening  of  all,  or  either,  of  the  land  offices 
aforesaid,  he  shall  cause  the  same  to  be  opened, 
and  shall  proceed,  from  time  to  time,  to  appoint, 
with  the  advice  and  consent  of  the  Senate,  for 
each  of  the  said  offices,  a  register  and  receiver  of 
public  moneys,  who  shall  give  security  in  the 
same  sums,  and  in  the  same  manner,  and  whose 
compensation,  emoluments,  and  duties,  and  au- 
tbonty,  shall,  in  every  respect,  be  the  same,  in 
relation  to  the  lands  which  shall  be  disposed  of 
at  their  offices,  as  are,  or  may  be,  provided  by 
law.  in  relation  to  the  registers  and  receivers  of 
pubnc  moneys  in  the  sereral  land  offices  esub- 
fished  for  the  disposal  of  the  lands  of  the  United 
States  northwest  of  the  river  Ohio  and  above  the 
mouth  of  the  Kentucky  river. 

Sec.  3.  And  be  itJuHher  enacted^  That,  when- 
ever a  land  office  shall  have  been  established  in 
any  of  the  districts  aforesaid,  and  a  register  and 
receiver  of  public  moneys  appointed  for  the  same, 
the  President  of  the  United  States  shall  be,  nnd 
he  is  hereby,  authorized  to  direct  so  much  of  the 
public  lands  lyiog  in  such  district  as  shall  have 
been  surveyed  according  to  law,  to  be  offisred  for 
sale,  with  the  same  reservations  and  exceptions, 


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and  on  tlw  8tme  teitnt  itid  tfoiiditlocis  ift  erevy 
restoett,  at  wst  prorided  fot  the  sale  of  the  ^m» 
lie  littdfl  ia  the  Territory  of  Looititiui,  bf  the 
teBlh  seetiod  of  an  act,  entitled  <*Att  act  pro? id- 
ittg  for  the  fiaal  adjustmeat  of  ciaiuid  to  lands, 
and  for  the  sate  of  the  pnblle  knds,  ia  the  Terrf- 
toriei  of  Orleans  and  Louisiana,  and  to  repeal 
the  Act  passed  for  the  same  porpose,  and  approred 
February  siiteenth,  one  thousand  eight  hufidred 
and  eleren,''  exeept  that  the  register  and  receiver 
of  nnMie  moneys  alone  may  be  eompetenl  to  so- 
perintend  the  pnblte  sales  \  and  that,  iastead  of 
one  township  for  the  support  of  a  seminary  of 
kAining,  there  shall  be  two  townships  located 
for  the  purpose  by  the  Seeretary  of  the  Treaanry, 
tad  reserved  from  sale  i  Pronded,  That  one  of 
said  townships  shall  be  located  on  the  waters  of 
the  Missonri,  and  the  other  on  the  waters  of  the 
Arkansas. 
Approved.  Febrnary  17, 1818. 

An  Act  maUag  appKopxIslioBs  i»  the  miliAaiy  scrrise 
of  the  United  Stales  fi>r  ^  y  ear  eae  thoasand  eiglil 
kmidssd  sad  eigkteea. 

Be  U  enadedj  fc,  That  the  following  snms 
be^  and  the  same  are  hereby,  respectively,  appro* 
pnated,  viz : 

For  the  pay  of  the  Army  of  the  Dnited  States, 
one  million  three  hundred  and  three  thousand 
dollars. 

For  subsistence,  one  million  twenty*five  thoo^ 
sand  nine  hnndred  and  twenty-seven  dollars. 

For  fbrage  for  officers,  three  thousand  one  bun* 
dred  and  sixty^eight  dollars. 

For  bounties  and  premiums,  fbrty-fonr  thou*> 
sand  dollars. 

For  clothing,  sii  hundred  and  eighteen  thou* 
sand  one  hundred  and  fifty  dollers. 

For  the  medical  and  hospital  department,  fif« 
teen  thousand  dollars. 

For  the  ordnance  department,  one  hundred 
and  filtv-four  thousand  two  huiidred  dollars. 

For  fulfilling  contrects  already  entered  into  for 
cannon  and  shot,  seventy  thousand  three  hmidred 
dollars. 

For  completing  the  arsenals  and  other  worlcs 
at  Watertown,  near  Boston,  tbiity-nine  thousand 
dollars. 

For  an  arsenal  near  Augusta,  m  Georgia,  fbrty 
thousand  dollars. 

For  an  arsenal  at  Baton  Rouge,  fifteen  thon* 
sand  dollars. 

For  an  arsenal  at  Detroit,  ten  thoasand  dollars. 

For  completing  the  arsenal  and  other  works 
at  Watervliet,  near  Albany,  ten  thousand  dollats. 

For  completing  the  arsenal  and  other  works 
at  Pittsburg,  five  thousand  dolhirs. 

For  armories,  three  hnndred  thousand  doll*n. 

For  the  Quartermaster's  department,  four  faun^* 
dred  and  sixty  thousand  dollars. 

For  contingencies  of  the  army,  siaty  thousand 
dollars. 

For  the  Indian  department,  two  handred  thou* 
sand  dollars. 

For  the  purchase  of  maps,  plans,  books,  and 


instilments,  for  the  War  Office^  one  thousaad 
dollars. 

Fot  aratafties  and  travMfing  cApenses  to  sot*' 
diers  discharged,  seventy  thousaad  dollanr. 

For  iViel,  transportatiott,  cksa^books.  repaita  of 
barracks,  and  other  buildings,  and  ror  ctmiia^ 

fent  expenses  of  the  llfilitary  Academy  at  West 
^oint,  twelve  thousand  and  seventy-flve  doUars, 

For  the  expense  of  medals  for  the  officers  of 
the  army,  ten  thousand  dollars* 

For  making  and  runnifl^  the  lines  of  the  9er^ 
eral  cessions  of  land  made  oy  the  Indians  in  dke 
Illfnofs  Territory,  five  thousand  dollars. 

For  dfefrayfng  the  expense,  which  may  hava 
been  incurred,  for  running  and  markiiijg  the 
boundary  lines  of  the  several  cessions  of  land 
made  by  the  Indians  in  the  Missouri  Territory, 
five  thousand  dollars. 

To  defray  the  expense  of  empfoying  a  bri^e 
of  militia,  three  hundred  and  six  thousand  seven 
hundred  and  forty^three  dollars. 

Approved,  February  19, 1818. 

An  Act  concerning  the  Diatnct  of  Bmns«ldk«  ia  the 
State  of  Georgia. 

Be  it  enctctedf  fc^  That  the  collector  of  the 
district  of  Brunswltfk  shafi  reside  at  Darien, 
which  shall  be  the  sde  port  of  entry  for  the  said 
distriet)  and  that^  instead  of  a  surveyor  ior  the 
pore  of  Darietty  tbaie  idiall  be  oae  sarvayof  fax 
the  said  district  of  Biruaawiak,  who  shall  laaidft 
at  such  place  in  the  said  dtatrici  aa  may  be  di* 
rented  by  ihe  Secretary  4>f  the  Treasniy. 

Apptovedi  BAareh  S^  1818. 

An  Act  eapplementary  to  the  ae<^  entitled  <<An  ael 
fhr^er  extending  the  tim€  hr  issaing  and  IbeatSna 
military  land  wanraals^  and  for  othar  paipesse,^ 

Be  it  enacted,  f  c,  That  the  time  hmit6d*bf 
the  act,  passed  On  the  sixteenth  day  of  April,  one 
thousand  eight  hundred  and  sixteen,  and  to  wYiich 
this  is  a  supplement,  for  issuing  military  land 
warrants,  shall  be  extended  to  the  first  day  of 
March,  one  thousand  eight  htmdred  and  nine* 
teen ;  and  the  time,  limited  by  the  said  act,  for 
the  location  of  unlocated  military  land  warrants, 
shall  be  extended  to  the  fimt  day  of  October,  one 
thousand  eight  hundred  and  nineteen. 

Approved,  March  9, 1818. 


An  Aet  pMMdhig  Ibr  the  sale  ^  ceMaia  Isndala  tka 
district  of  Muietto,  and  liw  the  kwatioQ  of  cialma 
sad  lale  of  certain  lands  in  the  distisat  of  Via* 


B6  it  eiKsefed,  ftx,  That,  for  ^  purpoaa  of 
ascertaining  the  quantity,  and  providing  far  tha 
sale,  of  the  lands  belonging  to  the  United  8tats% 
within  the  limits  of  a  tract  of  one  hoadred  ' 
sand  acres  granted  to  Rufus  Putnam,  Man 
Cutler,  Robert  Oliver,  and  Griffin  Qreea,  in  i 
for  tb^  persons  oomposing  the  Ohio  Compaq  of 
Associates,  in  pursuance  of  the  third  scaite  o€ 
an  act,  entitled  **An  aatatf^oriaiog  tha  gtaatVMl 


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FiMic  Aet$  of  Oongttit. 


convefUDce  of  certain  liod*  to  the  Ohio  Com- 
pany  of  Associates,^  passed  on  the  twenty^flrst  of 
April,  seyenteen  handred  and  Dioety-two,  it  shall 
be  the  duty  of  the  Surreyor  Qetieral,  and  he  is 
hereby  authorized,  to  require  of  the  said  Rnfns 
PutDAHit  mad  other  survifiog  patentees,  in  trusi 
as  aforesaid,  to  make  a  report  to  him  of  the  quan- 
tity and  situation  of  the  lands  by  them  conreyed, 
as  bounties,  to  actual  settlers,  (tecording  to  the 
conditions  of  the  said  third  section  and  grant 
aibresaid ;  and,  also,  a  duly  attested  copy  oT  the 
field  notes  and  plat  of  the  surveys  of  the  lands 
by  them  conveyed  to  actual  settlera  as  aforesaid. 
And  the  Surveyor  General,  on  receiving  a  satis- 
factory report  of  the  quantity  and  situation  of 
the  lands  so  conveyed,  shall  cause  the  residue  Of 
the  lands  within  the  said  tract  to  be  sonreved  in 
the  same  manner  as  the  other  public  lands ;  or, 
if  he  shall  deem  it  more  convenient,  into  tracts 
of  one  hundred  acres,  conforming,  as  far  as  prac- 
ticable, to  the  plan  on  which  lots  granted  to  ac- 
tual settlers  were  laid  off-,  and  he  shall  make  re- 
torn  of  the  surveys  to  the  General  Land  Office, 
and  the  register  of  the  land  office  at  Marietta. 

Sec.  2.  Atuf  be  it  Jktrther  enaetedy  That  every 
person,  or  their  legal  representatives,  whose 
claims  were  confirmed  by  any  of  the  several  acts 
fbr  confirming  claims  to  land  in  the  district  of 
Tincennes,  and  which  claims  have  not  been 
located,  shall  be  authorized  to  enter  their  loca- 
tiens  with  the  register  of  the  land  office  at  Tin- 
cennes, on  any  part  of  the  tract  set  apart  for  that 
purpose  in  the  said  dtetrkt,  by  virtue  of  an  act, 

?ntitled  "An  act  respecting  claims  to  land  in  the 
ndian4  Territory  and  State  of  Ohio,'*  and  in 
conformity  to  the  provision  of  that  act,  and  shall 
be  entitlea  to  receive  certificates  and  patents  in 
the  same  manner  as  provided  by  former  laws  re- 
specting locations  in  the  same  tract  t  Protided. 
That  the  locations  authorized  by  this  act,  and 
those  authorized  by  an  act,  entitled  **An  act  for 
the  relief  of  certain  claimants  to  land  in  the  dis- 
trict of  Yincennes,"  passed  on  the  sixteenth  of 
April,  one  thousand  eight  hundred  and  siiteen, 
shall  be  made  before  the  first  day  of  Semembet 
next;  and,  after  the  said  locations  shall  have 
been  aMde  and  the  surveys  thereon  completed, 
the  Surveyor  General  shall  cause  the  residue  of 
the  said  tract  to  be  surveyed,  conforming,  as  hx 
at  practicable,  to  the  plan  for  surveying  the  other 
public  lands,  and  he  shall  make  a  return  of  the 
aarveys  to  the  General  Land  Office,  and  to  the 
register  of  the  land  office  at  Yincennes. 

SBC.  3.  And  be  itjurther  enacted,  That  such 
part  of  the  tract,  described  by  the  first  section  o( 
this  act,  as  shall  appear  to  belong  to  the  United 
Sutes,  shall  be  offered  for  sale  at  Marietta,  and 
such  part  of  the  tract  described  by  the  second 
section  of  this  act,  as  shall  not  have  been  located 
under  confirmed  claims,  shall  be  offered  for  sale 
ftt  Vincenaes.  The  said  lands,  in  the  said  re- 
spective tracts,  with  the  ezeepiioa  of  the  usual 
proportion  for  the  support  of  schools,  shall  be 
offered  for  sale  to  the  highest  bidder,  under  the 
direction  of  the  register  of  the  land  office  and 
the  receiver  of  public  moneys  for  the  said  dis- 


tricts, on  such  days,  respectively,  as  shall,  by 
proclamation  of  the  President,  be  designated  for 
that  purpose;  the  sales  at  each  place  shall  remain 
open  six  days,  and  no  longer;  the  lands  shall  not 
be  sold  for  lese  than  two  dollars  an  acre;  and 
shall,  in  every  other  respect,  both  as  to  public 
and  private  sales,  be  sold  on  the  same  terms  and 
conditions  as  other  public  lands  in  the  same  dis- 
tricts ;  and  patents  shall  be  obtained  in  the  man* 
ner,  and  on  the  terms,  provided  in  case  of  other 
pirblic  lands  sold  by  the  United  States. 

Sac.  4.  And  be  itjurther  enacted,  Thftt  the 
superintendents  of  the  public  sales,  directed  by 
this  act,  shall  each  receive  four  dollars  a  day  fbr 
each  day's  attendance  on  the  said  sales. 

Approved,  March  18, 1818. 

An  Act  to  provide  lor  osrtain  persons  engaged  in  the 
land  tad  saTsl  service  of  4he  United  States,  im  Ite 
Hevolatieiiary  war. 

Be  it  enacted,  fc^  That  every  commissioned 
officer,  non-commissioned  officer,  musician,  and 

Srivate  soldier,  and  all  officers  in  the  hospital 
epartment  and  medical  sta^  who  served  in  the 
war  of  the  Revolution  until  the  end  thereof,  or  for 
the  term  of  nine  months,  or  looker,  at  any  period 
of  the  war,  on  the  •continents  establishment; 
and  eveijr  commissioned  officer,  non-commis- 
sioned officer,  mariner,  or  marine,  who  served  at 
the  same  time,  and  for  a  like  term,  m  the  naval  ser- 
vice of  the  United  States,  who  is  yet  a  resident 
citizen  of  the  United  States,  and  who  is,  or  here- 
after, by  reason  of  his  reduced  circumstances  in 
life,  shall  be,  in  need  of  Assistance  from  his  coun- 
try for  support,  and  shall  have  subsuntiated  hie 
claim  to  a  pension  in  the  manner  hereinafter 
directed,  shall  receive  a  pension  from  the  United 
States:  if  an  officer,  of  twenty  dollarsper  month 
during  life ;  if  a  non-commissioned  officer,  musi- 
cian, mariner,  marine,  or  private  soldier  of  eight 
dollars  per  month  during  life:  Providea.  No  per« 
son  shall  be  entitled  to  the  provisions  of  this  met 
until  he  shall  have  relinquished  his  claim  to 
every  pension  heretofore  allowed  him  by  the 
laws  or  the  United  States. 

Stc.  2.  And  be  it fiaiher  enacted,  That,  to  en- 
title any  person  to  the  provimns  of  this  act,  he 
shall  make  a  declaration,  under  oath  or  affirma- 
tion, before  the  district  judfi^  of  the  United 
States  of  the  district,  or  before  any  Judge  or 
court  of  record  of  the  county,  State,  ot  Territory, 
in  which  the  applicant  shall  reside,  setting  forth, 
if  he  belonged  to  the  Army,  the  company,  regi- 
ment, and  line,  to  which  he  belonged ;  the  time 
he  entered  the  service,  and  the  time  and  manner 
of  leaving  the  service;  and,  in  case  he  belonged 
to  the  Navy,  a  like  declaration,  setting  forth  the 
name  of  the  rtnel,  and  particular  service  in 
which  he  was  employed,  and  the  time  and  man- 
ner of  leaving  the  service,  and  shall  offer  such 
other  evidence  as  may  be  in  his  power;  and,  on 
its  appearing,  to  the  satisfaction  or  the  said  judge, 

I  that  the  applicant  served  in  the  Revoluiionnry 
war  as  aforesaid,  against  the  common  enemy,  he 
shall  certliy  and  transmit  th^  testimony  in  the 


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AFPSNDIX. 


2520 


Pubiic  AcU  of  Ckmgre$9. 


case,  and  the  proeeedingt  had  thereon,  to  the 
Secretary  of  the  Departmeot  of  War,  whose 
duty  it  shall  be,  if  satisfied  the  applicant  comes 
under  the  proyisioas  of  this  act,  to  place  such 
officer,  musician,  mariner,  marine,  or  soldier,  on 
the  pension  list  of  the  United  States,  to  be  paid 
in  the  same  manner  u  pensions  to  invalids  who 
have  been  placed  on  the  pension  list  are  now 
paid,  and  under  such  restrictions  and  regulations, 
in  all  respects,  as  are  prescribed  by  law. 

Seo.  3.  And  he  UAariher  enacted^  That  erery 
peasion,  by  virtue  or  this  act,  shall  commence  on 
the  day  that  the  declaration  under  oath  or  affirm- 
ation, prescribed  in  the  foregoing  section,  shall 
be  made. 

Sbo.  4.  And  he  itfiniher  enacUd,  That,  from 
mnd  after  the  passage  of  this  act,  no  sale,  transfer, 
or  mortgage,  of  the  whole,  or'anjr  part,  of  the 
pension  payable  in  pursuance  of  this  act,  shall  be 
TiiHd ;  and  any  person  who  shall  swear  or  affirm 
falsely  in  the  premises,  and  be  thereof  convicted, 
shall  suffer  as  for  wilful  and  corrupt  perjury. 

Approved,  March  18, 1818. 

An  Act  making  appropriations  for  the  support  of  the 
NaTT  of  the  United  States,  for  the  year  one  thou- 
sand eight  hundred  and  eighteen. 

Be  it  enacted,  fc.  That,  for  defraying  the  ex- 
penses of  the  Navy  for  the  year  one  thousand 
eight  hundred  and  eighteen,  the  following  sums 
be,  and  they  are  hereby,  respectively  appropri- 
ated, viz :  for  pay  and  suosistence  of  the  officers, 
and  pay  of  the  seamen,  one  million  one  hundred 
and  thirty-five  thousana  five  hundred  and  ninety- 
five  dollars.  For  provisions  five  hundred  and 
eleven  thousand  dollars.  For  medicine,  hospital 
stores,  and  all  ezi)enses  on  account  of  the  sick, 
including  the  marine  corps,  twenty-five  thousand 
dollars.  For  repairs  of  vessels,  three  hundred 
thousand  dollars.  For  contingent  expenses,  three 
hundred  thousand  dollars.  Fot  repairs  of  navy 
yards,  docks,  and  wharves^  one  hundred  thousand 
dollars.  For  pay  and  subsistence  of  marine  corps, 
seventy-three  thousand  dollars.  For  clothing  tor 
the  same,  thirty-two  thousand  dollars.  For  mili- 
Ury  stores  for  the  same,  eleven  hundred  dollars. 
For  contingent  expenses  for  the  same,  sixteen 
thousand  dollars.  For  the  purchase  of  medals 
and  swords,  directed  by  different  resolutions  of 
Congress,  fifteen  thousand  dollars. 

Sfic.  2.  And  be  it  further  enacted;^  That  the 
several  appropriations  hereinbefore  made,  shall  be 
paid  out  of  any  moneys  in  the  Treasury  not  oth- 
erwise appropriated. 

Approved,  March  18, 1818. 

An  Act  for  altering  the  time  for  holding  the  District 
Court  for  the  District  of  Virginia. 
Be  it  enacted,  f  c.  That  the  terms  of  the  dis- 
trict court  for  the  district  of  Virginia,  which  are 
now  directed  by  law  to  be  holden  on  the  twelfth 
day  of  April,  in  each  year,  shall  hereafter  be 
nolden,  for  the  said  district,  on  the  second  day  of 
April,  in  each  year,  except  where  such  day  shall 


occur  on  Sunday,  when  the  term  of  the  said  conn 
shall  commence  and  be  holden  on  the  next  suc- 
ceeding day. 
Approved,  March  19,  1818. 


An  Act  extending  the  time  for  obtaining  MiUtarj  Land 
Warrants  in  certain  4 


Be  it  enacted,  ^c,  That  the  provision  of  the 
second  section  of  the  act,  entitled  ^An  act  to  pro- 
vide for  designating,  surveyinit,  and  grantiog^  the 
military  bounty  lands,**  passecl  on  the  sixth  daf 
of  May,  one  thousand  ei^ht  hundred  and  twelve, 
which  limits  the  time  within  which  persons  en- 
titled to  military  bounty  lands  shall  make  their 
application  for  a  land  warrant  to  five  years  from 
and  after  such  person  shall  become  entitled  there- 
to, shall  not  be  construed  to  apply  to,  affect,  or 
bar^  any  application  for  a  military  land  warrant, 
which  may  be  made  by  the  heirs  and  representa- 
tives of  a  deceased  person,  who  was  entitled  there- 
to by  services  performed  in  the  late  war,  or  ap- 
plication by  the  heirs  and  representatives  of  aof 
non-commissioned  officer  or  soldier  killed  in  ac- 
tion, or  who  died  in  the  actual  service  of  the 
United  States,  and  entitled  by  existing  laws  to  a 
bounty  in  lands;  but  the  heirs  and  representa- 
tives of  such  persons  shall  be  allowed  to  make 
their  applicaiions  therefor  at  any  time  before  the 
first  day  of  May,  one  thousand  eight  hundred  and 
twenty ;  any  act  to  the  contrary  notwithsunding. 

Approved,  March  27, 1818. 

An  Act  in  addiUon  to  <*An  act  making  appropriation 
for  repairing  certain  roads  therein  described. " 

Be  it  enacted,  ^c.  That  the  sum  of  five  thou- 
sand dollars  be,  and  the  same  is  hereby,  appro- 
priated, and  payable  out  of  an^  moneys  in  the 
Treasury  not  otherwise  appropriated,  for  the  pur- 
pose of  repairing  and  keeping  in  repair  the  road 
between  Fort  Hawkins,  in  the  Sute  of  QeorgiM^ 
and  Fort  Stoddard  in  the  Alabama  Territory. 

Seo.  2.  And  be  it  further  enacted  That  the 
sum  of  five  thousand  dollars  be,  and  the  same 
is  hereby,  appropriated,  and  payable  out  of  any 
moneys  in  the  Treasury  not  otherwise  appropri- 
ated, for  the  purpose  of  repairing,  and  keeping  in 
repair,  that  part  of  the  road  leading  from  Colum- 
bia, in  the  State  of  Tennessee,  by  the  Choctaw 
agency,  to  Madisonville,  in  the  State  of  Louisi- 
ana, which  lies  between  the  southern  boundary 
of  the  State  of  Tennessee  and  the  Indian  bound- 
ary line,  near  Zadock  Brashears'  in  the  State  of 
Mississippi;  which  sums  shall  be  expended  under 
the  direction  of  the  Secretary  for  the  Department 
of  War. 

Approved,  March  27, 1818. 

An  Act  allowing  additional  salary  and  derk  hire  to 
the  SurTeyor  for  the  lUinob  and  Missonri  Terrilo- 
ries,  and  for  other  purposes. 

Be  it  enacted,  fc,  That  the  Surveyor  of  the 
lands  of  the  United  States  in  the  Territories  of 
Illinois  and  Missouri,  shall  hereafter  be  allowed 


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APPENDIX. 


PubUc  Act9  qf  Gm^refr. 


an  anBOtl  compensation  of  two  thoqsand  doilan« 
in  IkfQ  of  the  compensation  now  fited  by  law,  and 
ihall  also  be  allowed  three  elerks,  whose  whole 
eompensation  shall  not  exceed  two  thousand  dol- 
lars per  annam. 

Ssc.  2.  And  be  it  Juriher  enacted,  That  the 
aeeonnting  ofiGicers  of  the  Treasury  Department 
be  authorized  to  adjust  and  settle  the  accounts  of 
William  Rector,  for  his  seryiees  as  principal  Dep« 
ut^  Surreyor,  and  Surreyor  of  the  lUiaois  and 
Missouri  Territories,  and  to  allow  him,  in  addi- 
tion to  his  salary  as  fixed  by  law,  the  following 
fees,  that  is  to  say :  for  examining  and  recording 
the  surveys  executed  by  any  of  bis  deputies,  at 
the  rate  of  twenty-five  cents  for  every  mile  of 
the  l^oundary  line  of  the  surveys  executed  under 
his  direction  in  the  offices  aforesaid:  Provided^ 
The  allowence  shall  not  be  made  on  the  surveys 
of  private  claims  in  any  case  where  he  has  re- 
ceived, or  is  entitled  to  receive,  similar  fees  from 
individuals. 

Approved,  April  3, 18ia 

An  Act  to  provide  for  the  doe  execution  of  the  laws 

of  the  United  States  within  the  State  of  Miasiidppi. 

Be  a  enacted^  ^^  That  all  the  laws  of.  the 
United  Sutes,  which  are  not  locally  inapp»lica- 
Ue^  shall  have  the  same  force  and  effect  within 
the  said  State  of  Mississippi  as  elsewhere  in  the 
United  States. 

Sio.  2.  And  be  itjwiher  enacted^  That  the 
said  State  shall  be  one  district,  and  be  called  the 
Mississippi  district.  And  a  district  court  shall  be 
bald  therein,  to  consist  of  one  judge,  who  shall 
reside  in  the  said  district,  and  be  called  a  district 
judge.  He  shall  hold,  at  the  seat  of  government 
of  the  said  State,  two  sessions  annually,  on  the 
first  Mondays  in  May  and  December;  and  he 
aha  11,  in  all  things,  have  and  exercise  the  same 
jurisdiction  and  powers  which  were  by  law  given 
to  the  judge  of  the  Kentucky  district,  under  an 
act,  entitlM  ''An  act  to  establish  the  judicial 
coorta  of  the  United  States."  He  shall  appoint 
a  clerk  for  the  said  district,  who  shall  reside,  and 
keep  the  records  of  the  court  at  the  place  of  hold- 
ing the  same;  and  shall  reqeive,  for  the  services 
performed  b/him,  the  same  fees  to  which  the 
clerk  of  the  Kentucky  district  is  entitled  for  sim- 
ilar services. 

Sbo.  3.  And  be  it  Juriher  enacted,  That  there 
shall  be  allowed  to  the  judge  of  the  said  district 
court  the  annual  compensation  of  two  thousand 
dollars,  to  commence  from  the  date  of  his  ap- 
pointment; to  be  paid,  quarter  yearly,  at  the 
Treasurv  of  the  United  States. 

Sbo.  4.  And  be  it  further  enacted^  That  there 
shall  be  appointed,  in  the  said  district,  a  person 
learned  in  the  law,  to  act  as  attorney  for  the 
United  States,  who  shall^  in  addition  to  his  stated 
fees,  be  paid  by  the  United  States  two  hundred 
dollars, as  a  fdl  compensation  for  all  extra  services. 

Beo.  ^  And  be  it  Jurther  enacted,  That  a  mar- 
shal be  appointed  for  the  said  district,  who  shall 
perform  the  same  duties,  be  subject  to  the  same 
reguktions  and  penalties,  and  be  entitled  to  the 


same  fees,  as  are  prescribed  to  marshals  in  othec 
districta;  and  shall,  moreover,  be  entitled  to  the 
sum  of  two  tfundred  dollars  annually,  as  a  com- 
pensation for  all  extra  services. 
Approved,  April  3, 1818. 

An  Act  altering  the  tune  for  holding  a  lesaion  of  the 
Biatrict  Court  in  the  Diitrict  of  Maine. 

Be  it  enacted  f  c,  That  the  district  court,  here- 
tofore by  law  holden  on  the  last  day  of  May,  in 
each  year,  at  Portland,  within  and  for  the  dis- 
trict of  Maine,  shall  hereafter  be  holden,  at  the 
same  place,  on  the  first  Tuesday  of  June  in  each 
year. 

Approved,  April  3, 1818. 


An  Act  respecting  the  Coorta  of  the  United  Statee 
within  the  State  of  New  York. 

Be  it  enacted,  ^,  That,  from  and  after  the 
passing  of  this  act,  the  district  court  of  the  Uni- 
ted States,  for  the  northern  district  of  New  York, 
shall  be  holden  bjr  the  jjudge  of  the  said  district, 
and,  in  case  of  his  inability  on  account  of  sickness^ 
absence,  or  otherwise,  it  shall  be  the  duty  of  the 
judge  of  the  southern  district  of  New  York  to 
hold  the  said  court,  in  and  for  the  said  northern 
district,  and  to  do  and  perform  all  other  acta 
and  duties  of  the  judge  or  the  said  Borthern  dis- 
trict, with  the  liike  power  and  authority  in  aU 
respecta.  And  whenever  such  inability  of  the 
judge  of  the  said  northern  district,  to  hold  anj 
term  of  the  said  court,  shall  exist,  it  shall  be  hb 
duty  toffive  previous  timely  notice  thereof  to  the 
judge  of  the  said  southern  district. 

Sao.  2.  And  be  itjurther  enacted,  That  there 
shall  be  held,  in  each  year,  three  terms  of  the 
district  court  for  the  northern  district  of  New 
York,  to  wit :  at  the  city  of  Albany,  on  the  second 
Tuesday  of  May,  and  on  the  second  Tuesday 
of  November;  and  at  the  village  of  Utica,  in 
the  county  of  Oneida,  on  the  third  Tuesday 
of  May.  And  all  suita  and  proceedings  in  the 
said  eourt  shall  be  revived,  and  ahall  continua 
in  full  force,  in  the  same  manner  as  if  the  said 
court  had  been  regularly  held  accordtng  to  law 
and  had  been  adjourned  to  the  term  next  to  be 
holden  by  virtue  of  this  act.  And  all  proeess 
already  issuecL  or  which  may  be  issued,  out  of  the 
satd  court,  belore  the  passing  of  this  act,  shall  be 
held  and  deemed  returnable  to  the  next  term  theseof 
to  be  holden  by  virtue  of  this  act.  And  it  shall 
be  at  the  discretion  of  the  jndge  of  the  said  north- 
ern district  of  New  York,  or,  in  case  of  hb  ina- 
bility, of  the  judge  of  the  said  southern  district, 
to  appoint  and  hold  a  court  or  courta  at  any  other 
time  or  place,  than  those  before  mentioned,  within 
and  for  the  said  northern  district,  as  the  business 
therein  mav  require. 

Sbo.  3.  And  be  it  further  enacted,  That  the 
said  northern  district  of  the  State  of  New  York 
shall  be,  and  the  same  is  hereby,  enlarged,  so  as 
to  include  the  counties  of  Albany,  Rensselaei, 
Schenectady,  Schoharie,  and  Delaware,  in  the 
said  State. 

Bwf>.i.A!i^beit Juriher  enacted^  Thatall  pro- 


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■•dltogt  hitherto  hid  is  the  difttiel  eovrteof  the 
Uaited  Staic^  either  for  the  seffthem  or  €or  the 
sovtberB  distf  iot  of  New  York,  in  any  t oit  at  ooaii« 
moD  law,  or  io  any  eiril  eaoteef  admiralty  aad  wmxr 
Itime  jurisdiction,  io  contiiuiationof  amy  toeh  eoit 
or  cause  which  had  beea  instituted  in  the  former 
diptfrieteourtof  the  Uaited  Statetfor  thedisuict  of 
New  York,  be,  and  the  eaii»e  herehy  are,  dieclared 
at  yalid  and  efiectual  as  if  the  «ame  suit  or  cense 
had  been  originally  instituted  in  the  district 
court  in  which  such  proceedings  have  been  had^ 

Sac.  5.  And  he  it  Juriher  enack4f  That  the 
jurisdiction  of  every  suit  or  eause^  either  at  com- 
mon law,  or  of  maritime  and  admiralty  jurisdic- 
tion, whether  the  same  hath  or  halh  not  been  in- 
etituted  in  the  district  court  of  the  former  district 
of  New  York,  wherein  the  cause  shall  have  arisen, 
#f  the  teixi^e  ehall  have  been  nede,  within  the 
limiu  of  the  northern  district  of  New  York,  as 
preeerihed  by  thiaact,  aad  which  hath  nat  been 
fffaeeaded  in  ta  final  jadgmeat  ar  decree,  ihali  be 
aeeted  ta  the  distf  iot  aourt  for  the  noithetm  dta> 
tnot  •£  New  Yark|  aad  all  pleading^  libtls, 
alane,  evtdeaees,  aad  papen^  whateoavar,  that 
mar  have  been  filed,  and  ail  laoiieye  which  iBay 
hate  heea  paid  or  dapoeited,  ia  the  afice  of  the 
alarfc  of  the  forner  dietrict  of  New  York,  or  of 
the  clerk  of  the  sonthern  district  of  New  York, 
in  every  toeh  aoit  or  cause,  ehail  be  tiansleived 
ta,  and  filed  and  deposited  in,  the  oftoe  of  the 
«lerk  of  the  aorthera  diatriet  of  New  York.  And 
iha  aeid  district  eoart  far  the  northern  dittriac  of 
New  York  shall  have  as  fall  pavrar  to  hear,  try, 
and  determine,  the  said  soiu  and  oaaset,  and  to 
proceed  therein  to  fiaal  judgment  and  deeiee,  aa 
the  diMriet  court  lot  tha4Kstriet  af  New  Yorithad 
by  law.  And  the  jurisdietioo  of  all  suite  or  caoses, 
wiMther  at  eommoa  law«  or  of  admiralty  aad 
■Hoitime  JMiediatiQa,  whether  the  eame  hath  or 
faath  not  beeo  instttated  in  the  district  eaart,  far 
ihe  fbemer  distriot  of  New  York,  wheiaia  the 
eanea  of  action  shall  have  arisen,  er  the  seizure 
ahall  hare  been  aiada,  withta  the  limits  of  the 
eonthem  dietrict  of  New  York,  aad  which  have 
•.•^^  proaeeded  ut  to  fiaal  jadganeat  or  decree, 
■ball  ba  vested  in  the  disuiet  eoart  for  the  said 
aottihem  district  of  New  York,  aad  the  seid  court 
ahall  have  ae  fuU  power  to  hear,  try,#nd  deter- 
mine, the  said  salts  and  aauees,  ae  the  .distriot 
aoact  for  the  district  of  New  York  had  by  law. 

Sao.  6.  JMLU  a  fitrtker  eaoeted,  *kat  the 
otigtaal  jurisdiction  ai  the  circuit  aaart  of  the 
aaathefm  distnet  of  New  York  ehaU  be  confined 
^  ^^^  «rieiiig  within  the  said  district^  aad  shall 
juxt  ba  eettstraed  to  extend  to  eausas  ol  aetion 
•dsiog  wkhia  the  northern  dietrict  of  Now  York* 

Approved,  Apitl  3, 1818. 

An  Act  to  provide  for  the  erectioa  of  e  cp^^hoase, 
jail,  and  public  offices,  within  the  coun^  of  Alex- 
andria,  in  the  District  of  Colombia. 
Be  ii  enacted,  fc.,  That  it  shall  and  may  be 
lawful  for  the  levy  court  of  the  county  of  Alex- 
andria, in  the  District  of  Columbia,  to  erect,  or 
•auae  to  be  erfeted,  a  good  and  tufficient  jail  for 


Mid  eoonty  i  and,  whenever  the  Wy  ooail  af  tkr 
eaid  eounty  shall  tmntmit  to  thaaMrahal  a  aarl^ 
eaie,  that  the  jail  herebr  provided  for  la  so  fiit 
finished  as  to  ba  ready  (or  the  fecmtioo  of  fm^ 
sons,  it  shall  be  the  duty  of  the  marahoi  fi>rtl|With 
to  reaiofe  to  the  said  jail  aU  priseaars  wha  ahall 
at  that  lime  be  aoafined  in  the  ptenant  jail  af  tha 
aiid  oouniy. 

SacS.  And  be  it  further  $rmcUd^  That  t|ie 
said  levy  eoort  may  eaaas  to  be  eraotad,  if  tbif 
deem  expedient,  at  the  evpanee  of  the  eoaatj,  n 
good  and  convenient  com t^boafe,  and  a  fir»*pro)cif 
office  for  reeordq»  to  be  built  of  aiaae  or  brialp; 
and  that  it  shall  be  the  dofy  of  t^e  qaid  eoart  |p 
oauee  the  jail  before  ^o^iM  foe,  and  tka  aaid 
eouft-honaeaad  office^  when  araotad,  u  ba^ypt  ia 
afoad  elate  of  repair.  And  if  it  ahmUi  be  coa- 
eidered  expadieat  by  the  eaid  aourt  ^  oDiattlia 
eaid  court-house  and  office  inany  other  piaaa  thut 
the  present  market  squaie,  the  aaidaonrt  is  harw 
authorized  and  empowered  to  purebe«%  P^tiMa 
the  limits  of  the  town  of  4iaaapdrai»  a  iot  of 
ground,  not  exceeding  two  acres,  for  the  erecdoa 
of  the  said  buildings  and  of  the  aeid  jail,  and  for 
ao  other  mm  whatever. 

9mo.  8.  And  be  UJmiker  matted,  That  the 
levy  eooH  ^'  the  eonatr  of  Alazaniria  ehaU^Jboai 
Ubm  ta  time,  ae  it  shall  he  nntaaiary,  levy  an  the 
titbeable,  aad  other  taxaUe  property,  within  the 
aiid  county,  the  earns  of  aaoaey  whaih  ahall  ba 
necessary  to  carry  into  full  effect  the  eeveeal  pio* 
visions  at*  thia  acttr-^Apprevad^  AprU  3, 1818. 


An  Act  to  legulale  the  lees  of  Pahiic  J 
aomngr  of  Weahingteo^hi  the  l^Mdietef  GeiaaiUa. 

Be  it  enacted,  fc^  That  the  pobfic  notariae 
appointed  for,  and  residing  in.  the  eoaaty  of  Waeh- 
iagton,  ia  the  District  orCdomhia,  shall  be,  aad 
they  are  hereby,  severally  authorixed  to  deoMHid 
and  receive,  for  any  terviees  refoired  af  diem  ia 
that  caaaeity,  such  fees  as  a^  now  allowed  Co 
the  Mthlic  notaries  of  the  Sute  of  Marylaad,  bf 
the  laws  of  that  State,  for  eimikr  services. 

Approved  AprH  4, 18ia 

An  Act  to  establiA  die  Flag  of  the  United  States. 

Be  it  enacted,  f  c,  That,  from  and  after  the 
fourth  day  of  Julv  next,  the  flag  of  the  United 
Sutes  be  thirteen  horizontal  stripes,  alieroate  red 
and  whiu :  that  the  union  ba  tw^tjr  einr^  wliice 
in  a  blue  field. 

Sec.  2.  And  be  it  further  enacted.  That,  on  the 
admission  of  every  new  State  into  the  Union,  one 
star  be  added  to  the  union  of  the  flag ;  and  that 
such  addition  shall  take  effect  pn  the  fourth  dny 
of  July  then  next  succeeding  eueh  idmiynion. 

Approved,  April  4,  X818. 

An  Act  supplementary  to  the  aa^  sntiasd  «Aa  aetto 
authorise  theState  of  Tennefssejko issue  gnnteaad 
perfect  titles  to  ceitain  lands  theiea  described,  aad 
to  settle  the  claims  to  thejracantend  unappropoefed 
land  within  the  same,"  passed  the  ^igfj^^tn^  ef 
April,  one  thousand  eight  hundred  and  six. 
Be  it  enacted^  4^  ThatitahaU  belawAlfer 


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liMi  St«U  of  TetMsaw  l»  iMBs  mnti  aod  ptfffetl 
titles  on  all  special  entries  aod  locatioDs  ot  lamia 
iiB  ike  said  State,  made,  foiauaal  to  the  laws  of 
North  CareUoa,  before  tke  tweaty«fifth  daj  oi 
Febmatf ,  in  the  year  oae  thoosaad  sevea  aan- 
dred  a^d  aiBet^,  which  wei«  good  and  valid  in 
law,  and  reoogaiaed  by  the  met  of  the  said  State 
of  North  Carolina,  commonly  exiled  the  oeesioa 
•el,  passed  the  «— ^  day  of  December,  one  thoo- 
aaiid  sereB  hundred  %ni  eight?-QtM,  and  which 
lie  west  and  soath  of  the  Une  oeacribed  in  the  act 
to  whiflh  thbJs  supplementary ;  and  alsotoiaane 
grants  and  perfect  titles  on  all  wamnta  of  sat  Fey, 
interieriag  entries  and  lecatieos,  wbieh  might  be 
lemored  by  the  ceasion  aot  of  North  GaroHna 
aforesaid,  and  which  are  good  and  vmlid  in  law, 
attd  which  hare  not  been  actaally  located  or 
giMrted,  east  aad  sorih  of  the  afereaaid  line;  and 
$il  ineemring  geania  which  are  good  and  Talid 
M  law,  er  the  warrants  or  certilloates  IsgnUy  t** 
d,  im  canstfaeue  of  aoah  iBterferenea,  onland 


lyiag  aoath  and  west  of  tha  said  Une^  im  the  man** 
Mr,  and  onder  tha  aauM  or  aimilar  rules,  mgnla^ 
ima,  Mid  restriedona,  as  aae  prescribed  by  the 
laws  n»w  in  force  in  the  aaad  Stale  of  Tenneeaee, 
for  leaNLing  giants  and  perfocting  titlta  en  claims 
of  a  like  natnre  for  ianda  lying  north  and  east  of 
the  eaid  line. 

Sao*  8.  And  U  UJurtker  enaeM,  That,  pre- 
TKMM  to  iesatng  a  grant  or  perfocttng  a  title  en 
aay  of  the  datmshereinbefoiie  deecrib^,  Che  war- 
rafti,  or  other  legal  eridenoe  of  aoch  claiim,  ehaM 
be  laid  before  the  Oommsssioaer  of  Land  Claims 
for  Wast  TcMwatee,  for  the  time  being,  appaiated 
kf  the  authority  of  the  aaid  State,  and  approved 
by  him  as  Talid^  upon  anftcient  legal  erideace 
being  addoocdof  sneh  Talidity,  according  to  the 
ralea  and  tegnlatioiM  areacribed  by  the  laws  of 
tha  aaid  State  naw  in  force,  for  deciding  on  war- 
tattta  and  other  land  daima  of  the  Mke  nature,  an- 
tharixad  to  be  perfected  into  granta,  north  and 
weal  af  iheaforeaaid  line;  and  upon  aoch  war- 
rant m  other  legal  evidence,  of  any  of  ohe  daima 
iforaaaid,  beiaff  declared  fidid  hy  add  qomnMa- 
aioner,  it  ahallbe  lawful  for  the  aarveyor  of  the 
proper  district,  or  county,  to  lay  off  aod  aurvey 
the  aame,  in  the  manner  prescribed  by  the  laws 
•f  tha  add  Siata  ia  similar  oases,  and  return  such 
aorTcy  to  the  aegiater  of  the  land  office  €tf  Weat 
Tenneeaee,  who  ehall  thereupon  be  authorized  to 
malDO  out  •  gaaai  iheaeon,  to  be  eaceouied  by  the 
QoTOcnorf  awl  counieraigaed  by  the  Secretary  of 
tha  add  Slate,  in  the  maaner  provided  by  the 
lawa  of  tha  saam:  Frtmickd,  That  no  surveys 
shall  be  made,  gxaaia  iaaoed,  or  titlea  perfocted, 
by  virtue  of  this  act,  for  any  land  to  which  the 
ladian  datm  baa  aot  been  prerioualy  eztiaguiahed. 
Sao.  3.  Andbeit/w^r$meted  That  thoee 
panona  who  have  had aarveya  made,  and  obldaed 
grants,  from  the  State  of  North  Carolina,  since 
the  twenty^thiad  day  of  Peoember.  in  the  year 
d  our  Lord  oae  thooaaod  eight  hundred  and 
eleven,  for  leads  lyiag  within  the  State  of  Tea- 
ae8aee,ahdl,  ufcn  aurrendering  such  grants  to 
tha  add  c^mmisdooer  of  land  oldmsfor  West 
Tamirwaa,  for  the  time  being,  to  be  caacelled 


andiraeaied,bealfoared  to  peodace  the  aairiea, 
warraata,  or  other  evidences  of  cUima,  upon 
which  such  graau  were  founded  (  and  if  the  sd4 
claims  shall  be  deemed  good  and  valid  by  tli# 
said  commissioner,  then  it  shall  be  lawfol  for  th# 
Stale  of  Tennessee  to  issue  grants  and  perfoct 
titlee  on  such  cldms,  ia  the  same  manner  as  if  no 
such  grams  had  been  isaaed  by  the  State  of  North 
Caroana. 
Approved,  April  4, 1818.    . 

An  Act  declaring  the  consent  of  Congress  to  an  act  of 
the  Bute  of  North  Carolina  for  the  relief  of  sick  and 
diaabled  American  seamen. 

Be  U  mmoUd^^^  That  tlMiaaaeat  of  Coagiaai 
be,  and  hereby  ia^  granted  and  declared  to  an  act 
of  the  Ladalaiare  of  the  State  of  North  Carottna. 
entitled  ^An  aot  for  the  relief  of  sickand  dieabWa 
American  eeamen,"  and  paeaed  on  the  tweatf- 
thiid  day  of  Depagiber  laat ;  aod  the  aeM  aotie 
hereby  nuified  and  confirmed. 

Sao.  2.  And  be  it  fitriher  enacted.  That  tUr 
act  shall  be  in  force  for  five  yeaniaad  ao  loagfr* 

Approved,  April  4, 1818. 

An  Act  ccncenvng  the  bounty  or  aflowanoe  fo  fishing 
vessels  in  certain  eases. 

Be  it  enactedjfc^  That,  whrre  enir  fishing 
vessd  of  the  United  States  has  been«  since  tha 
eighteenth  day  of  February,  in  the  year  one  thou- 
sand eight  hundred  and  fiAeen,  prevented,  by 
iUegd  capture  or  seizure,  under  authority,  or  pre- 
tence of  authority,  from  any  foreign  Qovernmeat, 
from  fishing  at  sea,  for  any  part  of  the  Urm  of 
four  months  required  by  law  to  be  employed  by 
such  vessel  in  fishing,  in  order  to  entitle  the  owner 
of  such  vesad  to  the  bounty  or  allowance  pre- 
scribed by  law,  the  time  of  the  unlawful  deten- 
tion of  such  resMei  shall  be  computed  as  a  part  of 
the  sdd  four  months,  and  such  boantsr  or  dlow- 
ance  shall  be  paid  accordingly :  Provided,  That 
such  vessd  has,  in  all  other  respects,  complied 
with  the  reouifitea  of  the  laws  now  in  force. 

Approve^  April  4, 1818. 


An  Act  liaHting  the  time  for  elaiaia  bdog  prodaced 
for  lands  authodzed  to  be  granted  le  the  inhabitaata 
of  New  Madrid. 

Be  it  enmdedj  fe^  That  eaerf  paraoa  daiia- 
lag  leads  in  virtae  of  the  act,  entitled  ^An  act  for 
the  rdief  of  the  iahabiuats  of  the  kte  cooaty  af 
l^^w  Madrid,  in  the  Miseoari  Territory,  who  auf^ 
foeed  by  earthquakea,^  passed  on  4he  aeveateeath 
day  of  February,  one  thouaaad  eight  hundred 
aad  fifteen,  shall  make  application  therefor,  and 
produce  evidence  in  aapport  of  his  cidm  to  the 
recorder  of  land  titles  for  the  said  Territory,  on 
or  before  the  first  day  of  January  next ;  and  the 
said  reeorder  shall  not  issue  a  ceitificate  for  any 
okum  as  aforesaid,  the  evidence  in  support  cf 
which*  shdl  not  nave  been  prodaced  to  him 
within  the  time  limited  aa  aforeaaid. 

Approved,  AprU  9, 18ia 


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Ab  Act  ooBMmkff  the  Tenitoigr  of  AlabttOMu 
Be  it  enacted,  f  Cm  Tbat  any  person  or  persons 
who  have  or  may  nereafter  porehase,  from  the 
United  States,  one  quarter  section  or  more  of 
land  in  the  Alabama  Territory,  and  shall  have 
paid  one-foorth  part  thereon,  as  the  law  in  saeh 
eases  reonires,  and  shall  hare  obtained  a  certifi- 
cate of  the  proper  land  office  to  that  effect,  shell 
be  competent  to  bold  any  office  of  honor  or  profit 
in  the  said  Territory,  anything  in  the  ordinance 
or  former  laws  of  the  United  States  to  the  con- 
trary notwithstanding. 
Approved,  April  9, 1818. 

An  Aet  to  inooqwrate  a  Fire  Insnranee  Ceiapany  in 
tho  city  of  Washington. 

Be  U  enacted,  f  c,  Tbat  the  sobscribert  to  this 
company,  their  successors  and  assigns,  shall  be, 
and  they  are  hereby,  created  a  body  politic,  by 
the  name  and  style  of  the  Franklin  Insurance 
Company,  and  shall,  by  that  name,  have  succes- 
sion, and  shall  be  able  to  sue  and  be  sued,  im- 
I^and  and  be  impleaded,  in  all  courts  of  law  in 
the  United  Stales. 

Sbo.  2.  And  be  it/wrtker  enacted,  That  a 
subscription  be  opened  in  the  city  of  Washing* 
ton,  under  the  direction  of  John  Davidson,  Sat- 
terlee  Clark,  Alexander  Kerr,  R.  C.  Weifhtman, 
Benjamin  G.  Orr,  William  Brent,  Samuel  Miller, 
and  William  Doughty,  or  a  maioritv  of  them,  for 
raising  a  capital  stock  of  two  hundred  and  fiAy 
thousand  dollars,  in  shares  of  twenty-five  dollars 
each;  and  that  each  person,  upon  subscribing, 
pay  to  the  persons  above  mentioned,  five  dollars 
upon  each  share  so  subscribed  for ;  and  that  the 
remainder  of  the  said  twenty-five  dollars  shall  be 
secured  by  negotiable  notes,  signed  and  endorsed 
to  the  satisfaction  of  the  aforesaid  John  Davidson, 
Satterlee  Clark,  Alexander  Kerr,  R.  C.  Weight- 
man,  Benjamin  Q.  Orr,  William  Brent,  Samuel 
Miller,  and  William  Doughty,  or  a  majority  of 
them,  and  payment  therepf  may  be  thereafter  de- 
manded, at  such  times,  and  in  such  proportions, 
as  the  president  and  directors,  hereafter  men- 
tioned, shall  judge  advisable,  giving  six  weeks' 
notice  in  at  least  threa  of  the  gazettes  printed  in 
the  District  of  Columbia. 

Sac.  3.  And  be  it  further  enacted.  That  every 
suhscriber  shall  be  entitled  to  vote  by  himself,  his 
agent,  or  proxy,  appointed  under  his  hand  and 
seal,  attested  by  two  witnesses,  at  all  eledions 
made  by  virtue  of  this  "act;  and  shall  fa«ve  as 
many  votes  as  he  holds  shares,  as  far  as  ten  shares; 
one  vote  for  every  five  shares|  which  he  may  hold 
over  ten  shares,  as  far  as  fifty  ether  shares ;  and 
one  vote  for  ever?  thirty  shares,  which  he  may 
hold  over  sixty  shares;  and  every  stockh^ldec, 
(not  in  debt  to  the  company)  may,  with  the  as- 
sent of  the  president  and  directors,  in  person,  or 
by  nower  of  attorney,  assign  ana  transfer  his 
stocK  in  the  company,  in  the  books  of  the  same, 
or  any  part  thereof,  not  being  less  than  a  whole 
share ;  bat  no  stockholder,  indebted  to  thb  cooh 
pany,  shall  be  permitted  to  make  a  tcanafer,  or 
rective  a  dividend,  until  such  debt  is  paid,  or  se- 


enred  to  the  satistelieii  oC  the  fireBidMt  uA 
diMCtoie. 

Sbo.  4.  And  beUJwikeremKted,  That.  Maoos 
as  five  thousand  shares  shall  betabacrtbed,  the 
persons  hereby  aathorized  to  receive  sabeerip« 
tions  shall  call  a  meeting  of  the  suheeribera,  giv- 
ing two  weeks'  notiee  in  two  of  the  paperaprintei 
within  the  District ;  and  the  suhscribera  who  shall 
assemble  in  person,  or  by  proxy,  shall  ehooee,  faf 
ballot,  from  among  the  stockholders,  by  a  majo* 
rtty  of  votes,  twelve  directors,  who  shall  can* 
ttnue  in  office  until  the  first  Monday  in  Jon^  in 
the  year  one  thousand  eight  hundred  and  nine* 
teen ;  on  which  Monday  in  Jane,  in  every  eae^ 
eeeding  year  thereafter,  aa  dteetion  shall  be  held 
for  twelve  direetors,  as  aforesaid,  who  shall  eoa* 
tinne  ia  office  for  one  year  from  the  time  of  their 
eiectioaf  and  until  others  be  chosea  ia  their  aieait 
And  the  said  directors,  at  theirfifst  meeting,  shall 
choose,  from  among  themaelves,  or  from  the 
stockholders  at  large,  a  jireaideat^  and  allow  hiai 
a  reasonable  compensation  for  his  serriees;  and 
in  case  of  death,  removal,  resignatioD,  or  other 
disqualification  of  the  president,  or  attr  of  tk^ 
directors,,  the  remaining  direetors  may  cleet  oth* 
ers  to  supply  their  places  daring  the  remainder  of 
the  term  for  which  they  were  ehoaea ;  and  ia 
every  case  where  one  of  the  directors  shall  be 
chosen  president^  the  vacancy  ahaU  be  supplied, 
as  in  the  case  or  death,  removal,  or  resignation. 
That  the  persons  hereby  aothoiiaed  to  reeeire 
subscriptions,  or  any  three  of  them,  be  a  comaHt^ 
tee  to  BUperintend  the  first  electton  of  directora, 
and  a  committee  of  three  stockholders,  not  being 
diseetors,  be  appoiated  by  the  direetors  to  super* 
intend  every  succeeding  election. 

Sbc.  5.  And  be  it  jurther  enacted,  That  the 
president  and  directors  shall  have  power  to  ordm 
aad  make  snch  by-laws,  ordinances)  and  regoia* 
tions  as  shall  appear  necessary  for  regulating  and 
eondacting  the  concerns  of  the  company,  not 
being  contrary  to  this  act,  or  the  laws  and  Con- 
stitution of  the  United  States.  And  the  finds  of 
the  company,  as  they  shall  arise,  may  he  vested 
in  the  funded  stock  of  the  United  States,  or  of 
any  individual  State,  or  in  the  stock  of  any  in* 
corporated  bank. 

Seo.  6.  And  be  it  further  enacted,  That  the 
members  of  the  company  shall  not  be  liable  for 
any  loss,  damage,  or  responsibility,  other  than 
the  property  they  have  in  the  capital  or  fonds  oi 
the  company,  to  the  amonat  of  the  shares  ra^ 
specliveiy  held  by  then^and  anyprofioaiiMg 
therefrom  not  divltkd:  PraMed^  The  said  eor« 
poration  shall,  from  time  to  time,  apply  all  soms 
of  money  received  by  them  for  premiums,  to  the 
payment  of  losses  in  the  first  instance,  aad  tc 
make  up  the  aflftoant  of  their  odgiaai  capital, 
whenever  it  shall  have  suffered  any  dioaiaaiMi 
by  losses. 

Sbo.  7.  And  be  it  fiaiher  enacted,  TImt  the 
president  and  directors,  for  the  time  being,  ahali 
have  power  lo  dispose  of,  accordiag  to  the  pro- 
visions of  the  second  section  of  this  act,  the 
shflires  which  may  remain  nasold  at  the  ^oraa^ 
tion  of  the  eompaay  s  and  they  shall  have  | 


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also  to  proride,  by  purehase  or  otherwise,  a  suit- 
ttle  plaee  for  an  office^  to  make  all  rales  and 
regulatioBs  for  condactinji^  the  basiness  of  insu- 
rance and  the  concerns  orthe  company,  not  pro- 
vided for  by  this  acts  to  appoint  a  secretary,  and 
soch  other  officers  as  they  may  find  necessary ; 
and  to  make  such  compensation  for  their  services 
as  they  may  deem  proper ;  that  they  shall  have 
full  power  and  authority  to  make  insurances 
against  fire,  on  any  and  every  description  of  prop- 
erty. All  policies  of  insurance  and  other  con- 
tracts, made  by  said  company,  signed  by  the  pre- 
aident  and  countersigned  by  the  secretary,  shall 
be  obligatory  on  said  company,  and  hare  the  same 
tfect  as  if  the  said  policies  and  contracts  had 
been  attested  by  corporate  seal. 

Sbo.  8.  And  be  U  Jurther  enacted^  That  the 
aftid  president  and  directors  shall  conduct  busi- 
neas  in  the  eity  of  Washington ;  that  they  shall 
keep^proper  books,  and  record  their  proceedings 
tkerein ;  that,  on  the  first  Monday  of  May,  and 
the  first  Monday  of  November,  in  every  year, 
aAer  the  first  year,  they  shall  declare  a  dividend 
of  ao  much  of  the  clear  profits  as  they  may  deem 
advisable,  and  within  ten  days  thereafter  shall 
pay  thetsame  to  the  stockholdere;  but  it  shall  not 
ba  lawful  for  the  said  president  and  directors  to 
ioelnde,  in  such  dividend,  the  premiums  of  any 
risk  which  has  not  actually  terminated,  nor  to 
divide  more  than  two-thirds  of  the  clear  profits, 
until,  hj  the  half-yearly  appropriation  of  the 
oibar  third  thereof,  a  contingent  fund  of  twenty 
thousand  dollars  shall  be  formed ;  and  as  often 
as  the  fund  shall  be  impaired  by  losses,  the  said 
president  and  directors  shall  continue  the  half- 
yearly  appropriation  aforesaid,  until  it  be  returned 
to  the  amount  beforementioned. 

Sso.  9.  And  be  it  further  enacted,  That  every 
director  who  shall  be  present  at  the  declaration 
of  any  dividend  in  violation  of  the  eighth  section 
of  this  act,  shall  be  individually  answerable  to 
the  stockholders  for  the  injury  resulting  there- 
from, unless  his  protest  be  recorded  in  the  books 
of  the  corporation. 

Sac.  10.  And  be  it  further  enacted,  That  in 
ease  any  action  shall  be  prosecuted  on  any  insu- 
rance made  by  virtue  of  this  act,  it  shall  be 
deemed  sufficient  service  of  such  process  to  leave 
a  copy  thereof  with  the  president  or  secretary  for 
the  time  being,  and  all  recoveries  had  in  any  such 
action  or  actions  shall  be  conclusive  on  the  com- 
pany, so  far  as  to  render  the  stock  and  property 
of  the  company  liable,  and  no  further. 

Sbo.  11.  And  be  it  further  enacted,  That  this 
act  shall  be  and  continue  in  force  for  and  during 
the  term  of  twenty  years  from  and  after  the 
pasaiog  thereof,  and  until  the  end  of  the  next 
session  of  Congress;  and  on  the  dissolution  or 
expiratioB  of  this  charter,  the  president  and  di- 
rectors, for  the  time  being,  shall  take  prompt  and 
eHRs^ual  measures  for  closing  all  its  concerns; 
bat  BO  such  dissolution  or  expiration  shall  oper- 
ate, so  as  to  pravent  any  suits  to  be  brought  or 
eoDtinued,  by  or  against  the  said  corporation,  for 
%mf  debt  or  ekim  due  by  or  to  the  same,  and 
which  aroae  previously  to  said  dissolution  or  ex* 
15th  CoH.  1st  Sm.— 80 


piration ;  but,  for  the  purpose  of  closini^  iu  con- 
cerns, its  corporate  powers  shall  remain  unim- 
paired. 

Sac.  12.  And  be  it  Jurther  enacted^  That  this 
corporation  shall  not  issue  any  promissory  note 
in  the  way  of  banking;  and  that  Congress  may, 
at  any  time  during  the  period  for  which  this 
charter  is  granted,  repeal  and  amend  the  same. 

Approved,  April  9, 1818. 

An  Act  making  sppropristions  for  the  support  of  Gov- 
ernment for  the  year  one  thousand  eight  hundred 

and  eightaen. 

Be  it  enacted,  fc,  That  the  following  sums 
bCj  and  the  same  are  hereby,  respectively,  appro- 
priated ;  that  is  to  say : 

For  compensation  granted  by  law  to  the  mem- 
bers of  the  Senate  and  House  of  Representatives^ 
their  officers  and  attendants,  two  hundred  thou- 
sand dollars. 

For  the  expenses  of  fire  wood,  stationery, 
printing,  and  all  other  contingent  expenses^ot 
the  two  Houses  of  Congress,  thirty-seven  thou** 
sand  dollars. 

For  the  expenses  of  the  library  of  Congress, 
including  the  librarian's  allowance,  for  the  year 
one  thousand  eight  hundred  and  eighteen,  one 
thousand  three  hundred  and  fiAy  dollars. 

For  compensation  to  the  President  of  the  Uni- 
ted States,  twenty  five  thousand  dollars. 

For  compensatiofi  to  the  Vice  President  of  the 
United  States,  five  thousand  dollars. 

For  rent  and  repairs  of  a  house  occupied  by 
the  President  of  the  United  States,  eight  hundred 
and  ninety  dollars. 

For  compensation  to  the  Secretary  of  State, 
five  thousand  dollars. 

For  compensation  to  the  clerks  employed  in 
the  Department  of  State,  thirteen  thousand  seven 
hundred  and  fifty  dollars. 

For  compensation  to  the  messenger  in  said 
Department,  and  for  the  Patent  Office,  six  hun- 
dred and  sixty  dollars. 

For  the  contingent  and  incidental  expense  of 
the  raid  Department,  iocludin^;  the  expenses  of 
printing  and  distributing  copies  of  the  laws  of 
the  first  session  of  the  nfteenth  Congress,  and 
printing  the  laws  in  newspapers^  and  to  provide 
for  a  deficiency  in  the  appropriation  for  the  year 
one  thousand  ei^ht  hundred  and  seventeen,  nine- 
teen thousand  eight  hundred  and  thirty  dollan. 

For  compensation  to  the  Secretary  of  the 
Treasury,  five  thousand  dollars. 

For  compensation  to  the  clerks  employed  in 
the  office  or  the  Secretary  of  the  Treasurv,  ten 
thousand  four  hundred  and  thirty-three  dollars. 

For  compensation  to  the  messenger  and  as- 
sistant messenger  in  the  office  of  the  Secretary 
of  the  Treasury,  seven  hundred  and  ten  dollars. 

For  compensation  to  the  First  Comptroller  of 
the  Treasury,  three  thousand  five  hundred  dol- 
lars. 

For  compensation  to  the  clerks  employed  in 
the  office  of  the  First  Comptroller  of  the  Treas- 
ury, fifteen  thousand  five  hundred  and  sixteen 
dollars. 


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For  compensidoit  to  the  mttteoger  ia  aaM 
office,  foar  haadred  aid  tea  dettars^ 

For  compensatioD  to  the  Second  CoiDptraller 
of  the  Treasar 7,  thtee  thoimad  ddknu 

For  compeDtatioo  to  the  elerke  employed  ta 
the  office  of  the  Seeond  ComplreUer  of  tha 
Treaaory,  eight  dionsand  eight  hnndred  doUars* 

For  eottpentatioB  to  the  meneaftr  ia  said 
office,  four  hnndred  and  tea  ioilars. 

For  compenBation  to  the  First  Auditor  of  the 
Treaiary,  toree  thouaad  doUarsr 

For  eom^naatioa  to  tha  olerki  eoiplaiFed  in 
the  First  Auditor's  office,  fifteen  thoaand  dollars. 

For  compensation  to  the  aesseager  in  said 
office,  four  nnndred  and  ten  dollars. 

For  compensation  to  the  Second  Aoditor  of 
the  Treasury,  three  thousand  dollars. 

For  compensation  to  the  clerks  employed  in 
the  Second  Auditor's  <^ee^  sixteen  thousand 
aeren  hundred  and  seTenty*fiTe  dollars. 

For  compensation  to  the  messenger  in  said 
•ffice,  four  hundred  and  ten  dollars. 

For  compensation  to  the  Third  Auditor  of  the 
Treasury,  three  thousand  dollars. 

For  oampensatioa  to  the  clerks  in  the  Third 
Auditor's  office,  twenty  thousand  eight  hundred 
and  sixty  dollars. 

For  compensation  to  the  messenger  in  said 
office,  four  hundred  and  ten  dollars. 

For  compensation  to  the  Fourth  Auditor  of 
the  Treasury,  three  thousand  dollars. 

For  compensation  to  the  clerks  employed  in 
the  Fourth  Auditor's  office,  fourteen  thousand 
seren  hundred  dollars. 

For  compensation  to  the  messenger  in  said 
office,  four  hundred  and  ten  dollars. 

For  compensation  to  the  Fifth  Auditor  of  the 
Treasury,  three  thousand  dollars. 

For  compensation  to  the  clerks  employed  in 
the  Fiflh  Auditor's  office,  nine  thousand  eight 
hundred  and  fifty  dollars. 

For  compensation  to  the  messenger  ia  said 
<Ace,  including  a  pro?ision  for  his  serTices  in 
one  thousand  eight  hundred  and  se?enteen,  for 
which  no  appropriation  was  made,  seren  hun*- 
dred  and  thirty-three  dollars  fifty  cents. 

For  compensation  to  the  Treasurer  of  the  Uair 
ted  States,  three  thousand  dollars. 

For  compensation  to  the  clerks  employed  in 
the  Treasurer's  office,  fire  thousand  (our  hun« 
dred  and  forty  dollars. 

For  compensation  to  the  messenger  in  said 
office^  four  hundred  and  ten  dollars. 

For  compensation  to  the  Commissioner  of  the 
General  Land  Office,  three  thousand  dollan» 

For  compensation  to  the  clerks  employed  in 
thec^ce  of  said  Commissioner,  eleven  thousand 
nine  hundred  and  fifty  dollars. 

For  compensation  to  additional  clerks  em- 
ployed in  that  office,  during  the  last  quarter  of 
one  thousand  eight  hundred  and  seventeen^  one 
thousand  dollars. 

For  compensation  to  the  messenger  in  said 
office,  four  hundred  and  ten  dollars. 

For  compensation  to  the  Commissioner  of  the 
Revenue,  three  thousand  dollars. 


For  eompensatiim  to  the  ctorka  aaaployad  ia 
the  office  of  tha  said  Coawussionei^  nine  thaap 
saad  dollaMb 

For  compMaatioB  to  the  messenger  in  said 
office,  four  hnadied  and  ten  doUam. 

For  eompensation  to  the  Register  of  the  Trea- 
sury, three  thousand  dollars. 

For  compeasation  to  the  derka  eanplayed  in 
the  office  of  said  Regieter,  seventeen  thousand 
and  twenty^ight  dollars* 

For  eompensation  to  tha  meseaagtr  in  said 
office,  four  haadred  and  ten  doliare. 

Far  sutiag  aad  printing  the  pnblie  aceonnta 
fof  the  yeara  oaa  theosaad  eiffht  handled  and 
seventeen,  and  one  thousand  eight  hundred  aiA 
eighteen,  two  thousand  fonr  hundred  doUais» 

For  the  enpaaee  of  anmelatftag  foreign  hn* 
guager,  allowei  ta  the  parson  eni|^ayad  in  trana* 
mitSng  passports  and  saa4ftten,  km  atttioaarj, 
printing,  fuel,  and  other  eoatiagaat  expeases  a  ' 
the  smd  depafftaicttt,  and  in  the  savarai  atteaa 
therein^  thkty-thm  thooaind  sue  hitadretf  ad 
fifhr  doQarKr 

For  compensation  to  a  saperinteadaat  aad  taao 
watchman,  employed  far  tha  seenritv  of  tha 
Treasury  biriUiinffs,  and  for  repairs  or  taro  tea 
eagtnes,  hose,  and  fea^biscketa,  one  thouwad  ona 
hundred  doUars. 

For  compenMtioa  to  the  Secretary  of  the 
Commissioners  of  the  Sinking  Fund,  two  htia* 
dred  and  fifty  dollars. 

For  compensation  to  the  Secretary  of  War, 
four  thousand  five  hundred  dollars. 

For  compensation  to  the  clerks  employed  in 
the  office  or  the  Secretary  of  War,  fifteen  thou* 
sand  two  hundred  and  thirty  dollars. 

For  compensation  to  the  messenger  and^  his 
assistants  in  said  Mee,  seren  hundred  and  ten 
dollars. 

For  expense  of  fuel,  stationeryj  printing,  and 
other  contingent  expenses  in  saia  office,  four 
thousand  dollars. 

For  compensation  to  the  Paymaster  deneral 
of  the  Army,  two  thousand  five  hundred  dollars. 

For  compensation  to  the  clerks  employed  in 
the  office  of  the  Paymaster  General  of  the  Army, 
ten  thousand  dollars. 

For  compensation  to  the  messenger  in  said 
office,  four  hundred  and  ten  dollars. 

For  expense  of  fuel,  stationery,  printings  and 
other  contingent  expenses,  in  saia  office,  two 
thousand  dollars. 

For  compensation  to  the  Commissary  Gkneral 
of  Purchases,  three  thousand  dollars. 

For  compensatioiK  to  the  clerks  cmploved  in 
the  office  of  the  Commissary  General  ot  Pur- 
chases, two  thousand  eight  hundred  dollars. 

For  compensation  to  the  mesaeager  in  said 
office,  three  hundred  and  sixty  dollars. 

For  expense  of  fuel,  stationery,  printin§»  aSea 
rent,  and  other  contingent  expanses,  in  aaid  o£> 
fice.  nine  hundred  and  thirty  doUars. 

For  compensation  to  the  clerks  employed  in 
the  office  of  the  Adjutant  and  laspeatar  Ckna* 
ral,  ona  thousand  eight  hundred  doliaia. 


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J3WJBNi>C£. 


MM10  ife^  0^  CbNjftlMI^ 


1^  06aiMiisi«iMi  to  clerks  ennj^ofed  iki  tke 
Ov^nnMB  offloe,  eae  t^oastiid  doRarv. 

For  compMoaiion  to  the  Beereierf  of  tlie 
If ft?f ,  four  tiMiMitkd  ffre  hvndred  dollera. 

Por  eompeiwatkHi  to  the  ckricd  employed  lU: 
the  offiee  of  the  Secretarj  of  the  Nft?f .  sefeo 
theutend  two  haadred  and  thirty^te  dollan. 

For  couupeoBatlOQ  to  the  messenger  in  sfttd 
offiee^  foar  hundred  and  ten  dollars. 

For  eipeoee  of  fuel,  stttionerf ,  priatiBg,  and 
other  contingent  expenses^  in  said  offiee,  two 
thonsmd  §?e  htmdred  doUars. 

Fof  eeotpewNition  to  the  Commissioners  of 
the  NftTf  Board,  ten  thousand  fiTe  hundred  dol- 
lars. 

For  completing  the  sorreys  of  certain  ports 
Md  harbors,  fbr  the  purpose  of  selecting  two 
•MMioiie  fbr  the  estaMishment  of  arsenal  potts^ 
twenty -ire  thousand  dollies. 

For  disehttrffiw  the  sum  to  be  paid  to  the 
Cieek  nation  of  Indian^  during  the  present  year, 
ptfNosM  19  the  treaty  with  them  of  the  twenty^- 
0Mond  January,  one  thousand  eight  hundred  and 
ei^teen,  twenty  thoosand  dollars. 

For  deirayhig  the  expenses  of  printing  done 
imrsiaaAt  to  the  resoiutiott  directing  the  publica* 
tion  and  distribution  of  the  loumaFand  moceed« 

a |8  of  the  ConTention  which  formed  the  Con- 
tutiott  of  the  United  States,  ten  thouMnd  dol- 
lars. 

For  defraying  the  expenses  of  digesting  and 
priadng  censin  l«ws  and  regulations  relatiTe  fo 
the  Mivigatioa  and  trade  of  uie  United  States  in 
foreign  countries,  pursuant  to  a  resolution  of  the 
Beante  of  the  third  of  March,  one  thousand 
eight  hundred  and  serenteen,  fi?e  thoosand  dol- 
lar. 

For  compensation  to  the  Secretary  of  the 
Mary  Board,  two  thousand  dollars. 

For  compensation  to  the  clerks  employed  in 
the  office  of  the  Nary  Board,  three  thousand 
three  hundred  dollars. 

For  compensation  to  the  messenger  in  said 
office,  four  hundred  and  ten  dollars. 

For  the  contingent  expenses  of  the  Nary 
Board,  two  thousand  dollars* 

Fj>r  cooipensation  to  a  superintendent  and  two 
watebmen,  and  for  other  expenses  incurred  for 
the  seeatity  of  the  buildings  occupied  by  the 
Scais^  War,  and  Navy  Departmeais,  two  thoa* 
sand  four  hoadfed  dours. 

For  compeasatioa  to  the  Poetmister  GetteMl 
three  theasaad  dellars. 

For  compensation  to  the  Assistant  Postmastet 
Genefal,one  thouauid  seren  handred  dolters. 

For  oompeasation  to  the  Second  Aaristant 
Poetmatter  Qencial,  one  thousand  six  huadied 
dellars. 

For  oampensatioQ  to  clerks  employed  in  the 
General  Post  Office,  nineteen  thousand  thiee 
hundred  and  five  doUars. 

For  oompeasation  to  the  messenger  and  his 
assistants  in  said  office,  six  hundred  and  sixty 
dollars. 

For  the  contingent  expenses  of  the  Qeneral 
Post  Office,  three  thousand  six  handred  doUars. 


For  ceaipettsatkm  ta  the  Surteyof  Ooaehtl 
aad  his  etetks^  foar  tttoasand  one  handred!  dol- 
lars. 

For  compensation  ta  the  S«nreyer  souih  of 
Tennessee,  hisclerks^  and  for  the  coaslngeot  ea^ 
penses  of  hie  ofiee,  three  thooMmd  sofeu  hQa>* 
dred  doUars. 

For  compensation  to  the  Sor?eyor  itt  the  tUi- 
iftois  and  Hissood  Territories,  one  thoosstad 
doHats. 

For  compensation  to  the  Surreyor  in  thie  mih 
them  part  of  the  Alabama  Terti«>ryv  one  thou* 
sand  five  hundred  dolhtrs. 

For  compensation  to  the  Commissioner  of  ttm 
Pablie  Baildings  in  Washiagtaa^  two  thousand 
dellari. 

For  oomBensatien  to  the  cAnt^  anfd  deries  of 
the  IMiat,  nine  thousavd  six  hundred  dollars. 

For  wages  of  persons  employed  i»  the  diflbfdat 
operations  of  the  Mint,  ei^  ihousaad  five  baa*' 
dred  dollars. 

For  repairs,  cost  of  iron  and  machinery,  reatt^ 
and  other  contingent  expenses  of  the  BHat,  three 
thousand  two  hoadted  and  serenty^fe  dollavs» 

For  allowance  for  wastage  in  the  gold  and  sUfret 
coin,  three  thousand  dc^rs. 

For  oompensatiott  to  the  Oorernor,  hxdge^  aad 
Secreury  of  the  Illinois  Territory,  six  thomsaiid 
six  hundred  doUais. 

For  stacieaery,  oflhie  rent,  and  other  eontingent 
expenses  of  said  Teriitory,  three  handred  and 
fifty  doUars. 

For  compensatioa  tethe  Go?emor,  Jadges,  and 
Secretary,  of  the  Missouri  Territory,  sevea  thoas* 
aad  eight  hundred  dollars. 

For  stationery,  office  rent,  aad  other  ooatfngeat 
expenses  of  said  Territory,  three  handred  and 
fif^  dollars^ 

For  compensation  to  the  Gtorernor,  Judges,  aad 
Seeretarir,  of  the  Michigan  Territory,  six  thous- 
and six  hundred  dollars. 

For  stationery,  office  rent,  and  other  contiagent 
expenses  of  satd  Territory,  three  hundred  and 
i^  dollars. 

For  oompeasation  to  the  Go?emer,  Xudges^  and 
Secretary,  of  the  Alabaiaa  Territory,  six  thous- 
and SIX  hundred  doUars. 

For  sutionery.  office  rent,  and  other  contlngeat 
expettses  of  saul  Territory,  three  huadred  and 
ifty  dollars. 

For  compensation  to  the  Chief  Justice,  the  As- 
sociate Judges,  and  District  Judges  d*  the  United 
States,  includinff  (he  Chief  Justice  and  Associate 
Judges  of  the  Distriet  of  Columbia,  stxty^^hree 
thousand  doUars. 

For  compensation  to  the  Attorney  Qeaetai  of 
the  United  States,  three  thousand  dollars. 

For  compensatioa  of  sundry  District  Attorneys 
aad  Marshals,  as  granted  by  law,  ineludinc  those 
in  the  sereral  Territories,  eight  thousand  three 
hundred  doUars. 

For  compensation  to  the  Reporter  of  theD#ei*> 
sions  of  the  Supreme  Court  of  the  United  States, 
for  the  years  eighteen  hundred  and  seTeflleea 
and  eighteen  hundred  and  eighteen  two  thoas*, 
and  dollars. 


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FmbUe  AeU  of  Omgttm. 


FiNT  the  paymeot  of  siiDdry  pcBttons  granted 
by  the  Ute  and  present  Gofernmentt,  sixteen 
hundred  and  forty  dollars. 

For  the  payment  of  the  annoal  allowance  to 
the  pensioners  of  the  United  States,  to  be  dis- 
bursed under  the  direction  of  the  Secretary  of 
War,  three  hundred  and  sixty  thousand  dollars. 

For  the  maintenance  and  support  of  lisht- 
boosee,  beacons,  buoys,  and  public  piers,  staEea- 
ges  of  channels,  bars,  and  shoals,  including  the 
Pjorebase  and  transportation  of  oil,  keepers'  sala- 
ries, repairs,  and  impro?ement9,  and  contingent 
expenses,  sixty  thousand  two  hundred  and  thirty- 
six  dollars. 

For  discharging  the  claims  of  the  inhabitants 
of  the  late  proYince  of  West  Florida,  for  adrances 
made  for  the  use  of  the  United  States  furior  to, 
and  since,  the  taking  possession  of  the  said  Ter- 
ritory, as  liquidated  by  the  Department  of  State, 
including  principal  and  interest,  forty-one  thous- 
and three  hundred  and  fifty-six  dollars  and  ser- 
enty  cents. 

For  compensation  to  the  Commissioner  for  set- 
tling claims  for  property  lost  fire  hundred  and 
ifty  dollars. 

For  compensation  to  the  clerk  employed  in  the 
office  of  said  Commiuioner,  two  nundred  and 
ieventy-fiTe  dollars. 

For  sutionery,  fuel,  printing,  and  other  con- 
tingent expenses  in  said  office,  including  a  defi- 
ciency in  the  appropriation  of  last  year,  six  hun- 
dred and  sixty-fiYe  dollars. 

For  the  salary  of  additional  clerks,  from  the 
first  of  February,  one  thousand  eight  hundred  and 
aeventeen,  to  ninth  of  April,  one  thousand  eight 
bandred  and  eighteen,  fourteen  hundred  and  thir- 
ty-nine dollars. 

For  the  hire  of  a  messenger  for  the  same  pe- 
riod, four  hundred  and  eighty-four  dollars. 

For  defraying  the  expenae  of  sur?eying  the  pub- 
lic lands  within  the  several  States  and  Territo- 
ries of  the  United  States,  one  hundred  and  sixty 
thousand  se?en  hundred  and  sixty  dollars. 

For  salaries  of  the  Ministers  of  tbe  United 
States  to  London,  Paris,  St.  Petecsburg,  Rio  Ja- 
neiro, Stockholm,  Madrid,  and  the  Hague,  and 
their  several  secretaries  of  legation,  sev^ty-eeven 
thousand  dollars. 

For  outfits  of  Ministers  of  the  United  Slates  at 
London  and  St.  Petersburg,  eighteen  thousand 
dollars. 

For  tbe  contingent  expenses  of  the  missions 
aforesaid,  ten  thousand  dollars. 

To  provide  for  a  deficiency  in  the  appropriation 
of  one  thousand  eisht  hundred  and  seventeen,  for 
intercourse  with  foreign  nations,  twenty  thous- 
and dollars* 

For  the  contingent  expenses  of  intercourse  be- 
tween the  United  States  and  foreign  nations, 
eighty  thousand  dollars. 

For  the  expenses  of  intercourse  with  the  Bar- 
bary  Powers,  forty-two  thousand  dollars. 

For  the  expenses  necessary  during  the  present 
year,  for  carrying  into  effect  the  fourth,  fifth, 
sixth,  and  seventh  articles  of  the  Treaty  of  Peace, 
concloded  with  His  Britannic  Majesty  on  the 


twentv-fourth  dar  of  December,  one  thousani 
eight  hundred  and  fourteen,  including  (be  eon* 
pensation  of  the  commissioners,  agents,  and  sur- 
veyors, and  to  make  good  a  deficiency  in  the  pre- 
ceding year,  seventy-four  thousand  eight  hundred 
and  thirty-six  dollars. 

For  the  salaries  of  the  agents  for  claims  on  ac- 
count of  spoliations,  and  for  seamen,  at  London 
and  Paris,  four  thousand  dollars. 

For  nine  months'  salary  of  the  agent  at  Copen- 
hagen, one  thousand  five  hundred  dolUua. 

For  the  relief  of  distressed  American  seamen 
for  the  present  year,  and  to  make  good  a  defi« 
ciency  in  the  preceding  year,  one  hundred  and 
thirty  thousand  dollars. 

To  provide  for  the  payment  of  the  sunas  di- 
rected to  be  paid  by  an  act  of  the  twenty-ninth 
April,  eighteen  hundred  and  sixteen,  entitled  ''An 
act  for  settling  the  compensation  of  the  commis- 
sioner, clerk,  and  translator,  of  the  board  for  land 
claims  in  the  eastern  and  western  district  of  the 
Territory  of  Orleans,  now  State  of  Louisiana," 
six  thousand  four  hundred  and  eighty-one  doiiars* 

For  the  discharge  of  such  claims  against  the 
United  States,  not  otherwise  provided  for,  assbnll 
have  been  admitted  in  due  course  of  settlement 
at  the  Treasury,  six  thousand  dollars. 

For  the  purchase  or  erection  of  custom  houses 
and  public  warehouses,  two  hundred  thousand 
dollars. 

For  discharging  tbe  judgment  obtained  by 
Gould  Hoyt  against  David  Qelston  and  Peter 
Schenk,  in  an  action  of  trespass,  for  seizing  the 
ship  American  Eagle  under  instructions  from  the 
Treasury  Department,  a  sum  not  exceeding  one 
hundred  and  thirty  thousand  dollars. 

To  indemnify  the  owners  of  the  British  ship 
Venus,  taken  by  the  Peacock  after  the  condosion 
of  the  peace  with  Great  Britain,  a  sum  not  ex* 
ceedinff  seven  thousand  six  hundred  and  seventy- 
eight  dollars. 

Approved,  April  9, 1818. 


An  Act  to  extend  the  time  for  locating  Virginia  mUh- 
taiy  land  warrants,  and  retarning  snxveys  thenoa 
to  the  General  Land  Office,  and  for  designating  the 
western  boundary  line  of  the  Virginia  Military  tract* 

Be  it  enacted,  fc^  That  the  ofllcers  and  soldiers 
of  the  Virginia  line  on  continenul  establishment, 
their  heirs,  and  assigns,  entitled  to  bounty  lands, 
within  the  Virginia  military  tract,  between  the 
Little  Miami  and  the  Scioia  rivers,  shall  be  al> 
lowed  a  further  term  of  two  years,  from  the  rati- 
fication of  any  treaty  extinguishing  the  Indkn 
title  to  lands  within  the  said  boundaries  not  here- 
tofore extinguished,  to  obtain  warrants  and  com- 
plete their  locations ;  and  a  further  term  of  tliiee 
years,  from  the  ratification  of  any  treaty  extin- 
guishing the  Indian  title  to  lands  within  the  aaid 
boundaries  not  heretofore  extinguished,  as  afore- 
said, to  return  their  surveys  and  warrants,  or  cer- 
tified copies  of  warrants,  to  the  General  Land 
Office ;  anything  in  any  former  act  to  the  eoa* 
trary  notwithstanding; 

Sbo.  2.  And  be  U  Jktrther  enaded,  That  the 


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APPENDIX. 


263S 


PMic  AcU  of  Congren. 


proYisioDs  of  the  act,  entitled  "An  aot  aothoriz- 
iDg  patents  to  issue  for  lands  located  and  sarreyed 
by  rirtne  of  certain  Virginia  resolution  warrants," 
passed  on  the  third  day  of  March,  one  thousand 
eight  hundred  and  seren,  shall  be  reri?ed  and  in 
force^  wit^  all  its  restrictions,  except  that  the  re- 
spectire  times  allowed  for  making  locations  and 
returning  sjirveys  thereon,  shall  be  limited  to  the 
terms  prescribed  by  the  first  section  of  this  act  for 
the  location  and  return  of  surreys  on  other  war- 
rants, and  that  the  surreys  shall  be  returned  to 
the  Ueneral  Land  Office :  Provided^  That  no  lo- 
cations, as  aforesaid,  in  virtue  of  this  or  the  pre- 
ceding section  of  this  act,  shall  be  made  on  tracts 
of  lands  for  which  patents  had  previously  been 
issued,  or  which  had  been  previously  surveyed ; 
and  any  patent  which  may,  nevertheless,  be  ob- 
tained  ror  land  located  contrary  to  the  provisions 
of  this  act,  shall  be  considered  null  and  void : 
Prwided,  aUOf  That  no  locations  or  surveys  shall 
be  made  within  that  |)art  of  the  said  military  tract 
to  which  the  Indian  title  remained  heretofore  un- 
extinguished, until  after  six  months  shall  have 
elapsed  since  the  date  of  a  proclamatipn  of  the 
President  of  the  United  States,  declaring  a  treaty 
or  treaties  to  have  been  concluded  and  ratifiea, 
providing  for  the  extinguishment  of  the  Indian 
title  to  such  lands;  nor  shall  any  patent  be  grant- 
ed for  any  location,  survey,  or  entry,  that  has 
been,  or  shall  be,  made  prior  to  the  expiration  of 
six  months  from  and  after  the  ratification  of  such 
treaty. 

Sao.  3.  And  be  itjwiher  enacted,  That  from 
the  source  of  the  Little  Miami  river  to  the  Indian 
boundary  line  established  by  the  Treaty  of  Gren- 
ville,  ilk  one  thousand ^eeven  hundred  and  ninety- 
five,  the  line  designated  as  the  westerly  boundary 
line  of  the  Virginia  tract,  by  an  act  of  Congress, 
passed  on  the  twenty-third  day  of  March,  one 
thousand  eight  hundred  end  four,  entitled  "An 
act  to  ascertain  the  boundary  of  the  lands  reserved 
by  the  State  of  Virginia  northwest  of  the  river 
Ohio,  for  the  satisfaction  of  her  officers  and  sol- 
diers on  continental  establishment,  and  to  limit 
the  i>eriod  for  locating  the  said  lands,"  shall  be 
considered  and  held  to  be  such  until  otherwise 
directed  bv  law:  And  from  the  aforesaid  Indian 
boundary  line  to  the  source  of  the  Seiota  river, 
the  line  run  by  Charles  Roberts,  in  one  thousand 
eight  hundred  and  twelve,  in  pursuance  of  in- 
structions from  the  commissioners  appointed  on 
the  part  of  the  United  Sutes,  to  establish  the 
western  boundary  of  the  said  military  tract,  shall 
be  considered  and  held  to  be  the  westerly  bound- 
ary thereof}  and  that  no  patent  shall  be  granted 
on  any  location  and  survey  that  has  or  may  be 
made  west  of  the  aforesaid  respective  lines. 

Approved,  April  11, 1818. 

An  Act  to  provide  for  ptying  to  the  State  of  Indiana 
three  per  cent  of  the  net  piooeeds  arising  from  the 
•ales  of  the  United  States'  lands  within  the  same. 

Be  U  enadedf  fc.  That  the  Secretery  of  the 
Treasury  shall,  from  time  to  time,  and  whenever 
the  quarterly  accounts  of  public  moneys  of  th^ 


Several  land  offices  shall  be  settled,  pay  threeper 
cent,  of  the  net  proceeds  of  the  Xands  of  the  uni* 
ted  States,  lyins  within  the  State  of  tndianai 
which,  since  the  first  day  of  December,  one  thou- 
sand  eight  hundred  and  sixteen,  have  been,  or 
hereafter  may  be  sold  by  the  United  States,  after 
deducting  all  expenses  incidental  to  the  same,  to 
such  person  or  persons  as  may  be  authorized  by 
the  Legislature  of  the  said  State  to  receive  the 
same ;  which^  sums,  thus  paid,  shall  be  applied  to 
making  public  roads  and  canals  within  the  said 
State,  in  conformity  to  the  provision  on  this 
subject,  contained  in  the  act,  entitled  "An  act 
to  enable  the  people  of  the  Indiana  Territory 
to  form  a  constitution  and  Sute  government^ 
and  for  the  admission  of  such  State  into  the 
Union,  on  an  equal  footing  with  the  original 
States,'' and  to  no  other  purpose  whatever;  and 
an  annual  account  of  the  application  of  the  same 
shall  be  transmitted  to  the  Secretary  of  the  Trea- 
sury, by  such  officer  of  the  State  as  the  Legisla* 
ture  thereof  shall  direct;  and  in  defttult  of  such 
return  being  made,  the  Secretary  of  the  Treasury 
is  hereby  required  to  withhold  the  payment  of 
any  sum  that  may  then  be  due,  or  which  may 
thereafter  become  due,  until  a  return  shall  be 
made,  as  herein  required. 
Approved^  April  11, 1818. 

An  Act  to  change  the  name  of  the  District  of  Eriei  in 
the  Bute  of  Ohio. 

Be  it  enacted,  f  c.  That,  from  and  after  the 
thirtieth  day  of  June,  one  thousand  eight  hundred 
and  eighteen,  the  district  of  Erie^  in  the  State  of 
Ohio,  shall  be  called  the  district  of  Cuyahoga. 

Approved,  April  11, 1818. 

An  Act  for  the  relief  of  John  Rodgers. 

Be  it  enacted^  ^e^  That  the  proper  accounting 
officers  of  the  Treasury  settle  the  account  of  John 
Rodgers,  for  expenses  actually  incurred  in  the 
defence  of  a  suit  brought  against  him  by  John 
Donnell,  of  Baltimore,  owner  of  the  schooner  El- 
eanor, and  finally  reversed  in  the  superior  court 
of  the  United  States,  and  pay  him  the  sum  of 
sixteen  hundred  and  ninety-five  dollars  seventy- 
nine  cents. 

Sec.  2.  And  he  itfitrther  enacted.  That  the 
sum  of  sixteen  hundred  and  ninetv-nve  dollars 
seventy-nine  cents  be  appropriated,  out  of  any 
money  in  the  Treasury  not  otherwise  appropria- 
ted, for  thepavment  of  said  Rodgers. 

Approved,  April  11, 1818. 

An  Act  to  anthoriae  the  payment  of  certain  certifiealse. 
Be  it  enaded,  <f  c.  That  so  much  of  an  act,  en- 
titled "An  act  making  further  provision  for  the 
support  of  public  credit,  and  for  the  redemption 
of  the  public  debt,"  passed  the  third  day  of  March, 
one  thousand  seven  hundred  and  ninety-five ;  ana 
so  much  of  the  act,  entitled  "An  act  respecting 
loan  office  and  final  settlement  certificates,  indents 
of  interest,  and  the  unfunded  and  registered  debt 
credited  on  the  books  of  the  Treasury,'^  passed 


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9&i% 


i^  twelfth  day  of  Jone,  one  thouMDd  3«?en  hufi- 
ip^  ^  jiinety^jgibt,  as  lutrs  from  pettlepent  or 
lOlovapoe  cex^&iatet  coamaply  PaUed  loa^  office 
md  final  aetOeinaAt  certifi(mt€s,  and  ladents  of 
interest,  be^  and  the  same  is  hereby^  sutaended  for 
jthf  term  of  two  yean,  from  and  after  the  pasm|f 
oftbiaacti  notification  of  wbi<Ui  temporary  80«- 

Jansion  of  the  act  of  limitation  shall  be  published 
y  the  Secretary  of  the  Treasury,  for  the  infcr- 
xntiian  of  the  holders  of  the  said  certificatea,  in 
one  or  more  of  ihe  public  papers  tn  each  of  the 
{Tnited  States. 

8so.  2.  Ami  beitjurther  enacted,  That  all  cer- 
tificates, commonly  called  loan  office  4;ertificateis, 
countersigned  by  the  loan  officers  of  the  Slates 
respectively,  ipai  settlement  certific*^  and  in- 
idents  of  interest,  which,  at  the  time  of  passiac 
(this  ACL  shall  be  outstanding,  may  be  presented 
9X  the  Treasury,  aad,  upon  tne  aame  being  liqui- 
nated  Md  fidjusted,  ahall  be  paid  lo  the  respect- 
ive holders  of  the  same,  with  in<erest,.at  six  per 
aant.  from  the  date  of  the  last  payment  of  inter- 
est, as  epdorsed  on  said  certificales. 

Sao«  3.  And  be  iijwrther  enacted,  That,  for 
carrying  this  act  into  efiect,  the  sum  of  eighty 
thousand  dollars  be  i^propri^ud,  out  of  any  mo- 
neys in  the  Treasury  of  the  tiniled  States  not 
otherwise  appropriated* 
Approved,  April  13, 1818. 

An  Act  to  incorporate  th#  Mec^sffir  Relief  Society  of 
Al^xandrie* 

JRe  it  mmoted,  ^^  That  tlw  aoeiety  Juiawii  by 
aha  oame  of  the  Maehanic  BeUet  Society  of 
AlaBndria,  be,  and  the  same  ishanby,  eiciied  a 
body  politic  and  corpaiste,  under  the  name  and 
style  of  the  "  Mechanic  ^lief  Society  of  Alex- 
andria,'' and  by  that  nm^e  sbalt  haire  perpetual 
succession  and  a  common  sea},  with  a  capacity 
to  purchase,  receive,  and  possess  goods  iina  chat- 
tels, lands  and  tenements,  in  fee  or  otherwise,  and 
the  nme  to  grant,  sell,  let,  or  M^ign :  Frovidfii, 
hc^ever,  They  shall  not  purcfaa^  receive,  or 
possess  more  lands  and  tenementt^an  shall  be 
aufficient  to  enable  them  to  erect  a  seminary  of 
learning  for  the  instruction  of  youth,  and  the  ne- 
cessary accommodation  and  conveniente  of  the 
said  society^  and  by  the  name  aforesaid  may  $ue 
and  be  sued,  plead  and  be  impleaded,  in  all  causes 
in  law  or  equity. 

Sec.  2.  And  he  itjurther  enacted,  That  so 
mnali  of  the  affairs  of  said  society  as  relates  to 
the  erection  and  superintendence  of  the  said  sem- 
.inary  of  learniog,  shall  be  and  remain  under  the 
direction  of  the  following  named  trustees  and 
iMir  sttfiCMMoro,  to  mt:  John  hommdm.  Qed^ 
nek  Shel^  Whliain  F.  i-horni^^ISi^^ 
kins,  Zames  GaU,  Charl^  Paacoe,  James  S.  Scott^ 
John  Cohagen,  Bernard  Cook,  Alexander  BtJ- 
getV  hm»  CaEson.  Adam  Lynn,  GreenbeiTV 
Oriffiih,  Horace  Fieli,  and  Am^  AiexaX  ViK 
aaid  Uustees  shall  have  power  lo  fill  any  vacant 

SSJ^^K  ?^J  "^"^  *"  ^^"'  ""^  ^ti  Pro- 
Sw^-J  K  n^®  trustees  named  and  oreated  by 
this  aet  shall  contmue  and  serve  until  i^fiwt 


day  of  May,  one  thousand  eight  hundred  and 
eighteen,  or  until  others  shall  be  appointed ;  an| 
on  that  da^,  or  as  soon  thereafter  as  convenient, 
not  exceeding  thirty  days,  and  annually,  the  like 
number  of  trustees,  they  being  members  thereof,  ^ 
shall  be  elected  by  said  society. 

Sac.  3.  And  be  it  fiuiher  enacted;  That  this 
acjt  shall  commence  and  be  In  force  from  and 
aiier  the  passing  thereoi!,  and  for  the  term  of 
twenty  years  thereafter. 

Ssc.  4«  And  be  itjurther  enacted^  That  the 
amount  of  real  and  personal  ^operty  which  may, 
at  any  time,  be  held  by  this  society,  shall  not 
exceed  the  sum  of  forty  thousand  aollats ;  nor 
shall  the  said  society  be  engaged  in  any  banking 
or  commercial  operations;  and  Con^^ress  shafi 
at  ali  times  have  power,  during  the  period  for 
which  this  charter  Is  granted,  at  their  pleasure, 
to  repeal  or  alter  the  same. 

Approved,  April  13, 1818. 

An  Act  to  Meal  part  of  <be  aek,  entitled  *^Ab  mat 

to  fvevide  ht  enrvfjing  (he  «mm  of  the  Hailed 

States." 

4^  it  enacted,  fc,  That  so  much  of  the  durA 
mmkm  of  theaeC  passed  the  tenth  day  of  Fabra^ 
ary,  ope  thooeana  eight  hufl4red  and  seven,  anti- 
tled  ^^Aa  act  to  provide  for  surveying  the  eaaata 
of  the  United  States,"  m  authomes  the  eo^oy^ 
meat  ^  other  peasons  in  the  exacfltien  of  flasi 
aet,  than  the  paraons  belonging  to  the  Anngr  an4 
Navy,  be,  and  the  same  is  hereby,  repealed. 

Sao.  9.  Aetd  be  UJurfker  m^Oed,  That  all 
instrupaeau  and  pi«patity  i>f  the  United  States 
and  tsii  survoys,  lirauf hta,  notes,  ahan^  ai^N^  atti 
documente*  in  anywise  beloofiiig  lo  the  survey  ef 
the  coasts,  be  deposited  in  sneh  iiUeeaatba  Prmi^ 
dent  of  the  United  States  ahall  4tiaeiu 

Approviod,  April  14, 1818. 

iAa  Aet  in  aMtten  to  an  act,  entitled  "An  «Dt  Ibr  tii^ 
velief  of  John  ThompsoB.*' 

Be  U  enacted  fc,  That  the  proper  accounting 
officers  of  the  Treasurr  Department  be,  and  they 
are  hereby,  authorized  and  required  to  review 
the  settlement  of  the  account  of  John  Thomp- 
son made  under  the  authority  of  the  act  to 
which  this  is  in  addition,  approred  the  eleventh 
day  of  May,  one  thousand  eight  hundred  and 
twelve,  and  to  aHow  the  said  John  Thompson 
interest,  at  six  per  centum  per  annum,  from  the 
fourth  of  March,  seventeen  hundred  and  eighty- 
seven,  to  the  twentieth  of  May,  eighteen  hundred 
and  twelTe,  on  the  sum  which  was  found  due  to 
him,  and  paid  under  the  act  aforesaid;  and  tfact 
the  amount  of  interest,  which  shall  be  so  found  to 
be  due  him,  be  paid  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated. 

Approved,  April  14, 1618. 

An  Act  mddng  tether  appfoprisAioBe  ftr  the  «ea- 
•traction  ef  the  Cnmtoknd  Road. 
Be  it  emicted,  fc^  That  the  sum  of  fil^y^cwo 
thousand  nine  hundred  and  eightynfonr  doUan 
and  sixty  cents  be  apprdpriated  m  the 


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^■me  ikft  (fCongrm9. 


B  Tretsmrr,  on 
,  to  be  ptid  oQt 


At  Mid  fomalBlog  MMid  %x  the 
•oeomit  of  tbe  CiimberlMid  read,  to  be  pti 
of  wiy  monof  to  the  TreMory  not  otherwise  ap- 
propriated. 

Sac.  2.  Jbi^  ht  it  J^rthar  maeted,  That,  to 
meet  the  demands  whieh  will  be  made  nnder  ex- 
Jetiag  oontraets,  on  aocomt  of  the  Cnmberland 
Toad,  the  sura  of  two  hundred  and  sixty  thousand 
dollars  be.  and  the  same  is  hereby,  aaproprtated, 
to  he  paia  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated. 

Approved,  April  14^  1818. 

An  Act  regulating  the  Staff  of  the  Army. 

Be  it  enacted^  fc.,  That  so  mach  of  <he  act 
'^fixinff  the  MiliUry  Peace  Establishment  of  the 
United  States,"  passed  the  third  of  March,  one 
titotisand  eight  hundred  and  ifteea,  as  velales  to 
^oaptel  aiawasds  and  wardonaten,  and  so  much 
«f  die  '*A«t  for  ofganixing  tiie  geaferal  staff,  and 
making  Amher  prorision  for  die  Army  of  the 
United  States;"  passed  April  twaoty^^burth,  one 
thnaaand  eight  hnndfcd  mnd  sixteen,  as  Teiates  to 
Imapiial  sufigtoas,  hoapllal  snrgooas'  matas,.ju4^^ 
•4f«caies,  ehapiaina,  and  forage,  wagon,  and  bar- 
mek  matters,  and  their  assiataass,  be^  and  tbe 
aame  is  hereby,  repealed. 

Bacu  8.  Am  be  itjurtker  enactdd,  That  there 
shall  be  one  surgeon  general,  with  aaafaury  of  two 
thooaajid  ire  himdied  dollars  per  mnnum,  one 
«aiistant  sucgeoa  general,  wkh  the  emokUDeote 
of  a  hospital  snageoft,  one  judge  advocate,  with 
the  pay  and  emohiments  of  a  topographical  engt- 
aeer, to eaeh divisior  "" '^""' *"*' — ■■ 


aeer,  to  eaen  division,  and  one  enapiatn,  stataaned 
M  tbe  aulitary  aaaoemy  at  Wast  Point,  who 
dMkU  also  be  prefossor  of  geography,  history,  and 
•thias,  with  the  pay  and  emelameats  jdlawad  tbe 
pmfauanr  af  matliematies;  and  Ifaat  the  number 
•f  pcMt  sttigeoaa  bf  increased,  not  to  exceed  eight 
to  each  diviaieB. 

Stc.  8.  And  he  it  JuHker  mmoted,  That  ao 
much  ef  the  act  of  the  twesty-fowth  of  April, 
one  tboosand  eight  hundred  and  sixteen,  afotesaid, 
aa  rekues  to  the  qmi termaster  geneiml  of  division, 
•hail  be  repealed ;  and  the  quarten&astePs  depart- 
aaant  shall  consist,  in  addition  to  tha  two  deputy 
qaartermaaten  general,  and  the  four  assistant 
deputy  quartermaaters  general,  now  amborixed, 
of  one  qnartermastar  gauMl,  with  the  sank,  pay, 
aad  eaiolumenta,  of  a  haigadier  genetal,  and  as 
aaany  assistant  quartermasttis  general  as  the 
President  shall  deem  ptoper,  not  exceeding,  in 
tbe  whole  number,  twelve. 

Bna  4.  And  be  UJwrther  muuted^  That,  to 
aa«h  commissioned  omoer  who  shall  be  deranged 
by  virtue  of  this  act,  there  shall  be  allowed  and 
paid,  in  addition  to  the  pav  and  eaw)l«maats  to 
w^oh  they  will  be  entitled  by  kw,  at  the  time 
<if  their  disoharge.  three  aM>ntlM' pafr  and  emola- 
mevts;  and  that  tae  provisions  of  this  act  be  ear- 
xied  into  eflect  on  or  before  the  first  day  of  Jane 
Bext. 
Sao.  5.  And  be  U  Jm-Aer  enacted^  That  the 

Siy  and  emeliraienu  of  the  inspector  generals  of 
visioBs  be,  and  b  hereby,  raised  to  be  equal  to 


the  pajr  and  emoluments  of  the  adjutant  generala 
of  division. 

Sso.  6.  Andbe  it Jurther  enacted,  That  as  soon 
as  the  existing  state  of  contracts  for  the  subsist- 
ence of  the  army  shall,  in  the  opinion  of  the  Pre- 
sident of  the  United  States  permit  it,  there  shall 
be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  one  commissa- 
ry general,  with  the  fank,  pay,  and  emoluments, 
of  colonel  of  ordnance,  who  shalL  before  enter- 
ing on  the  duties  of  his  oflice,  give  bond  and  secu- 
rity, in  such  sum  as  the  President  may  direct ; 
and  as  manj  assistants^  to  be  taken  from  the 
subalterns  ofthe  line,  as  the  service  may  require, 
who  shall  receive  twenty  dollars  per  month  in 
addition  to  their  pay  in  the  line,  and  who  shaU, 
before  entering  on  the  duties  of  their  office,  cive 
bond  and  security,  in  such  sums  as  the  President 
ma^  direct.  The  commissary  general  and  his 
assistants  shall  perform  such  duties,  in  purchas- 
ing and  issuing  of  rations  to  the  nrmy  of  tbe 
United  States  as  the  President  may  direct. 

Sec.  7.  And  be  itjurther  enacted,  That  sup- 
plies for  the  army,  unless  in  particular  and  ur* 
gent  cases  the  Secretary  of  War  should  other- 
wise direct,  shall  be  purchased  by  contract^  to  be 
made  by  the  commissary  general  on  public  no- 
tice, to  oe  delivered,  on  inspection,  in  the  bulk, 
and  at  such  places  as  shall  oe  stipulated ;  which 
contract  shall  be  made  under  sucn  regulations  as 
the  Secretary  of  War  mav  direct. 

Sec.  8.  And  be  itfitriher  enacted^  That  the 
President  nuy  make  such  alterations  in  the  com- 
ponent parts  of  the  ration  as  a  due  regard  to  the 
health  and  comfort  of  the  army  and  economy 
may  require.  _ 

Sec.  9.  And  be  itjurther  enacted,  That  the 
commissary  general  and  his  assistants  diall  not 
be  conoemed,  directly  or  indirectly,  in  the  pur- 
chase or  sale,  in  trade  or  commerce,  of  any  arti- 
cle entering  into  tbe  composition  of  the  ration 
allowed  to  the  troops  in  the  service  of  the  United 
States,  except  pn  account  of  the  United  States, 
nor  shall  such  officer  take  and  ap{dy  to  his  own 
use  any  gain  or  emolument  for  negotiating  or 
transacting  any  business  connected  with  the  du- 
ties of  his  office,  other  than  what  is  or  mav  be 
allowed  by  law ;  and  the  commissary  general  and 
his  assisunu  shall  be  subject  to  martial  law. 

Sao.  10.  And  be  itjurther  enacted,  That  aU 
letters  to  and  from  theaoaasuasary  saaeial,  which 
may  relate  to  his  office  dotiea.  abaU  be  ime  from 
postage:  Pnmded,  That  the  sixth,  seventh, 
eighth,  ninth,  and  tenth,  sec^ons  of  this  act  shaU 
continae  and  be  in  force  for  the  term  of  five  years 
from  the  passing  of  the  same,  and  thence  until 
the  end  of^tbe  next  session  of  Congress,  and  no 
longer. 

Approved,  April  14, 1818. 


An  Aot  regulating  the  Mj 

Be  it  enacted,  f€^  That  the  offioem  of  the  ar- 
my, who  hnve  brovet  commtasioos,  shall  he  enu- 
tMtoTeeeivethepay  and  emaliimeBtt  of  their 


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APPBNDXX. 

Publie  Aa$  of  Congms. 


uu 


bnret  rank  when  on  dutf,  and  htTing  a  com- 
maod  accordiDg  to  their  brevet  rank,  aod  at  do 
other  time* 

Sbc-  2.  And  be  U  further  enacted,  That  do 
brevet  commission  shall  hereafter  be  conftrred 
but  by  aad  with  the  advice  aad  consent  of  the 
Senate* 

Approved;  April  16, 1818. 

An  Act  in  addition  to  "An  act  giving  pensions  to  the 
oiphans  and  widows  of  persons  slain  in  the  public 
or  private  armed  vessels  of  the  United  States. 
Be  it  enacted,  f  c,  That  in  every  case  where  a 
person  has  been  put  on  the  pension  list,  or  grant- 
ed a  certificate  of  pension,  by  virtue  of  the  first 
section  of  an  act,  passed  the  fourth  day  of  March, 
in  the  year  eighteen  hundred  and  fourteen,  en- 
titled '^lln  act  giving  penitions  to  the  orphans  and 
widows  of  persons  slain  in  the  public  or  private 
armed  vessels  of  the  United  Stales,"  the  Secre- 
tary of  the  Navy  be,  and  he  is  hereby,  authorized, 
at  the  fexpiratioD  of  the  term  of  five  years,  for 
which  any  pension  certificate  shall  have  becD 
granted  as  aforesaid,  to  allow  the  full  monthly 
peosion  to  which  the  raDk  of  the  deceased 
would  have  eotitled  him  for  the  highest  rate  of 
diisability,  and  that  such  pensioD  shall  coDtinue 
to  sucn  jMrson  for  the  further  term  of  five  years: 
Promdedf  That  such  pension  shall  cease  on  the 
death  of  such  widow,  child,  or  children. 

Sec.  2.  And  be  U  further  enacUd,  That  if  any 
officer,  seaman,  or  marine,  shAll  have  died  since 
the  eighteenth  day  of  June,  in  the  year  eighteen 
hundred  and  twelve,  in  consequence  of  an  acci- 
dent or  casualty  wnich  occurred  while  in  the 
line  of  his  duty  on  board  a  private  armed  vessel, 
leaving  a  widow,  or,  if  no  widow,  a  child  or  chil- 
dren under  sixteen  years  of  age,  the  Secretary  of 
the  Navy  be,  and  he  is  hereby,  authorized  to  place 
such  widow,  child,  or  children,  on  the  pension 
list,  and  allow  to  such  widow,  child,  or  cnildren. 
the  same  monthly  pension  as  if  the  deceased  had 
died  by  reason  or  wounds  received  in  the  line  of 
his  duty:  Provided,  That  all  moneys  paid  by 
virtue  of  this  act  shall  be  paid  out  of  the  priva- 
teer pension  fund,  and  no  other. 
Approved,  April  16, 1818. 

An  Act  directing  the  mabner  of  appointing  Indian 
agents,  and  continuing  the  ''Act  for  establishing 
trading-hooBes  with  the  Indian  tribes." 

Be  U  enapted.  <f  c.  That  the  superintendent  of 
Indian  trade,  tne  agents  and  assistant  agents  of 
Indian  trading-houses,  and  the  several  agents  of 
Indian  afiairs,  shall  be  nominated  by  the  Presi- 
dent of  the  United  States,  and  appointed  by  and 
with  the  advice  and  consent  of  the  Senate. 

Sic.  2.  And  be  it  further  enacted,  That,  from 
and  after  the  eighteenth  instant,  no  person  shall 
act  in  either  of  the  characters  aforesaid,  who  shall 
not  have  been  thus  first  nominated  and  appointed. 
And  every  agent  as  aforesaid,  before  he  shall  en- 
ter upon  the  duties  of  his  office,  shall  give  bond 
to  the  United  Sutes,  with  two  or  more  suffioknt 


securities,  in  the  penal  sum  of  ten  thoosand  dol- 
lars, conditioned  taithfully  to  perfornn  all  the  du- 
ties which  are  or  may  oe  enjoined  on  them  as 
agents  as  aforesaid. 

Sec.  3.  And  be  it  further  enacted,  That  the 
act,  entitled  ^*An  act  for  esublishing  trading- 
houses  with  the  Indian  tribes,"  passed  on  the  se- 
cond day  of  March,  one  thousand  eight  hundred 
and  eleven,  and  which  was  continued  in  force  for 
a  limited  time  by  an  act  passed  third  day  of 
March,  one  thousand  eight  hundred  and  seven- 
teen, shall  he,  and  the  same  is  hereby,  further 
continued  in  force  until  the  first  day  of  March, 
one  thousand  eight  hundred  and  nineteen,  and  no 
longer. 

Approred,  April  16, 1818. 

An  Act  to  enable  the  people  of  the  Dliiiois  Tenitofj 

to  Ibrm  a  constitution  and  Stata  gorenunent,  and 

lor  the  admission  of  such  Stata  into  the  UnioB  em 

an  equal  footing  with  the  original  States. 

Be  it  enacted,  f  c,  That  the  inhabtunts  of  the 

Territory  of  Illinois  be.  and  they  are  her^, 

authorized  to  form  for  themselves  a  constitattoa 

and  State  government,  and  to  assume  such  name 

as  they  shall  deem  proper ;  and  the  said  State, 

when  formed,  shall  be  admitted  into  the  Union 

upon  the  same  footing  with  the  original  Butes, 

in  all  respects  whatever. 

Seo.2.  And  be  it  further  enacted,  That  the 
said  Sute  shall  consist  of  all  the  territory  inclnd- 
ed  within  the  following  boundaries,  to  wit :  Be- 
ginning at  the  mouth  of  the  Wabash  rivet; 
thence,  up  the  middle  of  the  same,  and  with  the 
line  of  Indiana,  to  the  northwest  corner  oi  said 
State ;  thence,  east,  with  the  line  o£  the  same 
State,  to  the  middle  of  Lake  Michigan ;  thene^ 
north,  along  the  middle  of  said  lake,  to  north  lati- 
tude forty-two  degrees  thirty  minutes;  thenee, 
west,  to  the  middle  of  the  Mississippi  river;  and 
thenc<  down  along  the  middle  of  that  river,  to  its 
confluence  with  the  Ohio  river;  and  thence,  vp 
the  latter  river,  along  its  northwestern  shore^  to 
the  beginning:  Provided,  That  the  eonvenuon 
hereinafter  provided  for,  when  formed,  shall  rati- 
fy the  boundaries  aforesaid ;  otherwise  they  shidl 
be  and  remain  as  now  prescribed  by  the  ordinance 
for  the  government  of  the  territory  northwest  of 
the  river  Ohio:  Provided  aieo,  That  the  said 
State  shall  have  concurrent  jurisdiction  with 
the  State  of  Indiana  on  the  Wabash  river,  so  §u 
as  said  river  shall  form  a  common  boundary  to 
both,  and  also  concurrent  jurisdiction  on  the  Mis- 
sissippi river,  with  any  State  or  States  to  be 
formed  west  thereof,  so  far  as  said  river  shall 
form  a  common  boundary  to  both. 

Sec.  a.  AndbeUfiirtherenacted,  That  all  white 
male  citizens  of  the  United  States,  who  shall  have 
arrived  at  the  age  of  twenty-one  years,  and  have 
resided  in  said  Territory  six  months  previous  lo 
the  day  of  election,  and  all  persons  bavins  in  other 
respects  the  legal  qualifications  to  vote  for  repie* 
sentatives  in  the  General  Assembly  of  the  said 
Territory,  be  and  they  are  hereby  authorized  lo 
choose  representatives  to  form  a  conventioB,  who 


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PmUic  AeU  qf  Cangtm. 


be  apfoHkuied  ainoBgiC  the  eeveral  coon- 
tiet  as  follows: 

From  the  county  of  Bond,  two  repre^entatiresi 

From  the  coonty  of  Madison,  three  represent- 
aiires; 

From  the  coonty  of  St.  Ciair,  three  represent- 
ati?e8 ; 

From  the  county  of  Monroe,  two  represenla- 
tires; 

From  the  county  of  Randolph,  two  represent- 
atives: 

From  the  county  of  Jackson,  two  representa- 
tires; 

From  the  county  of  Johnson,  two  representa- 
tives; 

From  the  county  of  Pope,  two  representatives; 

From  the  county  of  Qallatin,  three  represent- 
atives; 

From  the  county  of  White,  two  representatives ; 

From  the  coonty  of  Edwards,  two  representa- 
tives; 

From  the  county  of  Crawford,  two  represent- 
atives; 

From  the  county  of  Union,  two  representatives; 

From  the  county  of  Washington,  two  repre- 
aehtatives;  %nd 

From  the  county  of  Franklin,  two  representa- 
tives. 

And  the  election  for  the  representatives  afore- 
said shall  be  holden  on  the  first  Monday  of  July 
next,  and  the  two  following  days,  throughout  the 
•everal  counties  in  the  said  Territory,  and  shall 
be  conducted  in  the  same  manner,  and  under  the 
same  regolations,  as  prescribed  by  the  laws  of  the 
said  Territory  regoUtinff  elections  therein,  for 
members  of  the  House  of  Representatives. 

Sbo.4.  And  btU further enactecL,  That  the  mem- 
bers of  the  convention,  thus  duly  elected,  be  and 
they  are  herebv  authorized  to  meet  at  the  seat  of 
government  ot  the  said  Territory,  on  the  first 
Efonday  of  the  month  of  August  next;  which 
conrention.  when  met,  sijall  first  determine,  by  a 
majority  ot  the  whole  number  elected,  whether 
it  be  or  be  not  expedient  at  that  time  to  form  a 
constitution  and  State  government  for  the  people 
within  the  said  Territorv ;  and  if  it  be  expedi- 
ent, the  convention  shall  be  and  hereby  is  aothor- 
ized  to  form  a  constitution  and  State  government; 
or,  if  it  be  deemed  more  expedient,  the  said  con- 
rention shall  provide  by  ordinance  for  electing 
rcpresenutives  to  form  a  constitution  or  frame  cu 
government ;  which  said  representatives  shall  be 
chosen  in  such  manner,  and  in  such  proportion. 
and  shall  meet  at  such  time  and  place,  as  shall 
be  prescribed  by  the  said  ordinance,  and  shall 
then  form  for  the  people  of  said  Territory  a  con- 
stitution and  State  government:  Provided,  That 
the  same,  whenever  formed,  shall  be  republican, 
smd  not  repugnant  to  the  ordinance  of  the  thir- 
teenth of  July,  seventeen  hundred  and  eighty- 
seven,  between  the  original  States  and  the  people 
and  States  of  the  territory  northwest  of  the 
river  Ohio ;  excepting  so  much  of  said  articles  as 
relate  to  the  boundaries  of  the  States  therein  to 
be  formed :  And  provided  ako^  That  it  shall  ap- 
pear, from  the  enumeration  directed  to  be  made 


by  the  Legishitare  of  the  said  Territory,  that  there 
are  within  the  proposed  State  not  less  than  forty 
thoosand  inhabitants. 

Sbo.5.  And  be  it  further  enadedf  That  until  the 
next  general  census  shall  be  taken,  the  said  State 
shall  be  entitled  to  one  Representative  in  the 
Houseof  Representatives  of  the  United  Sutes. 

Snc.  6.  And  be  it  further  enacUdj  That  the  fol- 
lowing propositions  be,  and  the  same  are  hereby, 
ofiered  to  the  convention  of  the  said  Territory  of 
Illinois,  when  formed,  for  their  free  acceptance 
or  rejection,  which,  if  accepted  by  the  conve*^- 
tion,  shall  be  obligatory  upon  the  United  States 
and  the  said  State : 

First.  That  section  numbered  sixteen,  in  every 
township,  and,  when  such  section  has  been  sold 
or  otherwise  disposed  of,  other  lands  equivalent 
thereto,  and  as  contiguous  as  may  be,  shall  be 
granted  to  the  State,  for  the  use  of  the  inhabit- 
ants of  such  township,  for  the  use  of  schools. 

Second*  That  all  salt  springs  within  such  StatCi 
and  the  land  reserved  for  the  use  of  the  same, 
shall  be  granted  to  the  said  State,  for  the  use  of 
the  said  State,  and  the  same  to  be  osed  under 
such  terms,  and  conditions,  and  regulations,  as  the 
Legislature  of  the  said  State  shall  direct :  Pro- 
vided^ The  Legislature  shall  never  sell  nor  lease 
the  same  for  a  longer  period  than  ten  years,  at 
any  one  time. 

Third.  That  five  per  cent,  of  the  net  proceeds 
of  the  lands  lyiog  within  such  State,  and  which 
shall  be  sold  by  Uoogress,from  and  after  the  first 
day  of  January,  one  thousand  eight  hundred  and 
nineteen,  after  deducting  all  expenses  incident  to 
the  same,  shall  be  reserved  for  the  purposes  fol- 
lowing, viz:  two-fifths  to  be  disbursed,  under  the 
direction  of  Congress,  in  making  roads  leading  to 
the  State ;  the  residue  to  be  appropriated,  by  the 
Legislature  of  the  State,  for  the  encouragement 
of  learning,  of  which  one-sixth  part  shall  be  ex- 
clusively bestowed  on  a  college  or  university. 

Fourth.  That  thirtv-slx  sections,  or  one  entire 
township,  which  shall  be  designated  by  the  Pres- 
ident of  the  United  States,  together  with  the  one 
heretofore  reserved  for  that  purpose,  shall  be  re' 
served  for  the  use  of  a  seminary  of  learning,  and 
vested  in  the  Legislature  of  the  said  State,  to  be 
appropriated  solely  to  the  use  of  such  seminary 
by  the  said  Legislature :  Provided  alwaye,  That 
the  four  foregoing  propositions,  herein  ofieredj 
are  on  the  conditions  that  the  convention  of  the 
said  State  shall  provide,  by  an  ordinance  irrevo- 
cable without  the  consent  of  the  United  States^ 
that  every  and  each  tract  of  land  sold  by  the 
United  States,  from  and  after  the  first  day  ot  Jan- 
nary,  one  thousand  eight  hundred  and  nineteen, 
shall  be  exempt  from  any  tax  laid  by  order,  or 
under  any  authority  of,  the  State,  whether  for 
State^  county,  or  township,  or  any  other  purpose 
whatever,  for  the  term  of  five  years  from  and  after 
the  day  of  sale:  And  further.  That  the  bountv 
lands  granted,  or  hereafter  to  oe  granted,  for  mil- 
itary services  during  the  late  war,  shall,  while 
they  continue  to  be  held  by  the  patentees,  or  their 
heirs,  remain  exempt,  as  aforesaid,  from  all  taxes, 
for  the  term  of  three  years  from  and  after  the 


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SMt 


^tmcMOf^ 


iit»  of  the  psteoiB  respcetiY^  s  nd  tiiat  all  tk« 
tends  belongtmg  to  ekiKest  of  the  Oniicd  Sistw 
lesidiDg  without  the  said  Stale,  sImU  never  be 
med  hiffber  than  lands  btlooging  lo  pereoos 
vesidlnff  tneveia. 

8b€.  7.  And  be  U  figrdker  emcM,  That  aU 
that  iMfft  of  the  territory  of  the  United  States 
Ifiog  north  of  the  State  «f  Indtaaa,  and  which 
was  included  in  the  former  Indiana  Tenritenr, 
tofetfaer  with  that  part  of  the  Ittinois  Terrkorf 
wEieh  is  situated  north  of  and  nat  indnded 
within  the  bouudariiss  preeeribed  by  this  act,  to 
the  State  thereby  aniborized  to  be  tbrmed,  shall 
be,  and  hereby  is.  attached  to,  and  made  a  uirt  ef, 
the  Michigan  Territory,  from  and  after  the  for- 
iMtieQ  of  the  said  State,  sahjeet,  ncTerthelceSj  to 
be  hereafter  disposed  of  by  Congress,  aooordiag 
to  the  right  reserved  in  tne  fifth  article  of  the 
ordinance  aforesaid,  and  the  tnfaabiunts  therein 
shall  be  entitled  to  the  same  pririleges  aad  im- 
nninities,  and  eabjeet  to  the  same  rules  and  regu- 
tetions,  in  all  respects,  with  the  other  eitlsens  of 
the  Michigan  Territory. 

Approved,  April  18, 1818. 

Am  Act  to  abolish  the  port  of  deliTsiy  established  St 
the  month  of  Slsde's  Creek,  in  tbs  State  of  North 
Csrolins. 

Be  it  enacted,  f  c.  That,  from  and  after  the 
thirtieth  day  of  April,  one  thousand  e^ht  hun- 
dred and  eighteen,  the  port  of  delivery  estab- 
lished at  the  mouth  of  Blade's  Creek,  wUhin  the 
district  of  Washington,  and  State  of  North  Car- 
olina, shall  cease,  and  the  offioe,  authority,  and 
amolumenta.  of  the  aarveyor  of.  said  port  shall 
also,  from  thenceforth,  tenninate  aad  be  discon- 
tAnned.-^Approved,  April  18, 1818. 

An  Aet  fixing  the  compensation  of  the  Secretaiy  of 

the  Senate  and  Clnrk  ot  the  House  ef  Representa- 

tivss,  of  die  Clerks  employei  in  Iheir  offices,  and 

of  the  Librsriaa. 

Be  it  enacted,  fc,.  That  the  Secretary  of  the 
Senate  and  Clerk  of  the  House  bf  Representa- 
tives shall  severally  receive  the  sum  of  three 
thousand  dollars  anoually,  payable  quarterly,  as 
heretofore;  and  that  their  principal  cterks  shall 
receive  one  thousand  efffht  hundred  dolhirs  each^ 
and  their  engrossing  clerks  one  thousmd  five 
hundred  dollars  each. 

Sic.  8.  And  be  it  Jiirther  enacted,  That  the 
Librarian  of  the  Library  of  Congress  shall  annu- 
ally receive,  as  a  compensation  Tor  his  services, 
the  sum  of  one  thousand  five  hundred  dollars, 
payable  quarter  vearly  at  the  Treasury. 

Sec.  3.  And  beitfwrther  enacted,  That  this 
act  shall  be  held  to  take  efiect  from  the  first  day 
of  January,  one  thousand  eight  hundred  and 
eighteen,  and  shall  continne  m  force  for  three 
years  therefrom,  aad  no  longer;  and  that  so  much 
of  any  act  heretofore  passed,  as  provides  compen- 
sation, salary,  or  perquisites,  ofany  kind,  for  the 
officers  and  clerks  herein  men tionea,  shall  be  held 
to  be  repealed  ftom  the  same  day. 

Approved,  April  18, 18ia 


Be  it  enacted,  fe^  That,  from  and  after  the 
thirtieth  of  September  next,  the  porta  ei  the  Oni- 
ted  States  shall  be  and  remain  ^oaed  ngainac 
every  vessel  owned  wholly  or  in  part  by  a  eu^ 
ject  or  subjects  of  His  Britannic  Majeaty,  earning 
or  arriviog  from  any  port  or  place  in  a  colony  or 
tetritory  of  His  Britannic  Majeaty  that  is  or  dMll 
be,  by  the  ordinary  laws  of  navigation  and  trada^ 
closed  against  vessels  owaed  by  ctttneoe  of  the 
United  States;  and  such  vessel,  that,  In  tiM 
course  of  the  voyage,  shall  have  touched  at,  or 
cleared  out  from,  any  port  or  place  in  a  ooloivf 
or  territory  of  Gkeat  Britain,  wnieh  rimll  <^t  mtj 
be,  by  the  ordinary  laws  of  navigation  and  tmA 
aforesaid,  open  to  vessels  owned  by  citizens  of 
the  United  BUtes,  shall,  nevertheless,  be  deemed 
to  have  come  from  the  port  or  place  in  the  colo- 
ny or  territory  of  Great  Britain,  cloaed  as  afore- 
said against  vessels  owned  by  eitixens  -of  the 
United  States,  from  which  such  vessel  cleared 
out  and  sailed  before  touching  at,  and  eltttring 
out  from,  an  intermediate  and  open  port  or  piaoe 
as  aforesaid;  and  every  such  vessel,  so  esefoded 
from  the  ports  of  the  United  Statee.  that  shall 
enter,  or  atrempt  to  enter,  the  same,  in  violatieft 
of  this  act,  shall,  with  her  tackle,  apparel,  and 
furniture,  together  with  the  cargo  on  board  such 
ve»d,  be  forfeited  to  the  United  States. 

Seo.  2.  And  be  U  fttrther  enacted,  Tha^  from 
and  after  the  aforesaid  thirtieth  of  Oeptember 
next,  the  owner,  consignee,  or  agent,  of  every 
vessel,  owned  wnoliy  or  in  part  by  a  subieet  or 
subjects  of  His  Britannic  Majesty,  which  shaft 
have  been  duly  entered  in  any  port  of  the  Vni^eA 
Sutes,  and  on  board  of  which  shail  have  been 
there  hiden  for  exportation  ny  artiele  or  eitieles, 
of  the  growth,  produce,  or  manufacture,  of  Che 
United  States,  other  than  provisions  end  see 
stores  necessary  for  the  voyage,  shall,  before  sueh 
vessel  shall  have  been  cleared  outward  ac  the 
castom*house,  give  bond,  in  a  sum  double  the 
value  of  such  articles,  with  one  or  more  suretiea, 
to  the  satisfaction  of  the  collector,  that  the  arti- 
cle or  articles  so  laden  on  board  such  vessel  fov 
exportation,  shall  be  landed  in  some  port  or  j^laee 
other  than  a  port  or  place  in  a  colony  or  territory 
of  His  Britannic  Majesty,  which,  by  the  ordinary 
laws  of  navigation  and  trade,  is  closed  against 
vessels  owned  by  citizens  of  the  United  Sutes; 
end  any  such  vessel  that  shall  sail»  or  attempt  to 
sail,  from  any  port  of  the  United  States,  withovt 
having  complied  with  the  provision  aforesaid,  by 
giving  bond  as  aforesaid,  shall,  with  her  tackle, 
apparel,  aad  furniture,  together  with  the  mnick 
or  articles  aforesaid,  laden  on  board  the  same  as 
aforesaid,  be  forfeited  to  the  United  States:  Pto* 
vided  akoaye,  That  nothing  in  this  aet  eontntncd 
shall  be  so  deemed  or  construed,  so  as  to  violate 
any  provision  of  the  convention  to  r^ulate  com- 
merce between  the  (territories  ef  die  United 
States  and  of  H»  Bntaanic  Alinesty.  stgned  the 
third  day  of  July,  one  thousand'  eight  htiadred 
and  fifteen. 

See.  3.  And  be  itjurlher  enacted,  That  tke 
form  of  the  bond  aforesaid  shall,  be  pieaciibed  by 


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iWiJe  4cl^  ^ONifnM. 


the  Seorttarjrof  tbe  Deyitnwat  of  Uie 
ury ;  and  the  same  shall  and  may  he  diecharged, 
«a4  hoc  otbenpitey  hy  produeiiif,  withia  oae  year 
«6er  the  date  ibeceef,a  iike  eertifteate  te  thai 
feqnired  hy  and  vader  the  regoktieDe  eontained 
in  the  eigiiiy-irtt  teotioii  of  tSe  aot  ^  to  regulate 
Hm  coUeetioo  of  denies  on  trnportt."  paned  the 
aeoopd  day  of  March,  eeroDteea  hvadred  a&d 
iinety^nioe,  that  ihe  artioki  of  the  fcowth,  pro> 
iQce,  aod  mano^etetare,  of  tho  United  Slates, 
kdea  mm  afaresaid,  were  onladea  aad  laoded  ooa- 
iBODablT  to  the  pfOTisioiia  of  this  aoi,  or  ia  eases 
of  loss  by  eea.  by  captom,  or  other  uaa? oidoble 
aeeident,  by  the  prodoelioii  of  soeh  other  prooie 
m  the  natiue  of  the  case  will  admit,  aeeordtag 
io  tho  prortiBioBe  of  iIm  eaid  eighty^Irst  aeetloo 
of  the  act  aforesaid. 

Bbo.  4.  And  be  U  junker  menoUdj  That  all 
ponalties  and  forfeitnios  iaoorred  b^  Ime  of  this 
act,  shail  be  sved  for,  recovered,  distribmed,  and 
aoeooaled  for,  and  may  be  mitigated  or  vemiued. 
in  the  manner  and  according  to  the  provisions  ^ 
ikm  lOTenoe  laws  of  the  Uoiied  States. 

Approved,  April  18, 18ia 

A»Acifiziog  tb^  time  lor  the  next  meetii^g  of  Cfiii- 
gress. 

Be  U0necM,4i>.j  That, a<fter  iha adjomrnment 
eif  the  present  session,  the  next  meeting  of  Con* 
gioee  shall  he  on  the  tnird  Monday  in  November 

ACXt. 

Approved,  April  18, 1818. 

Ab  Aid  to  sQiqpend,  ht  a  Emitsid  tfane,  the  sale  or  for* 
iBienre  of  IsAds  Ibr  fidhire  in  comqpletiBg  the  pey- 
moDl  thsteon. 

Be  U  enactedi  f  c.  That  the  operation  of  the 
sixth  condition  of  the  fifth  section  of  the  act,  en- 
titled  ^An  act  to  amend  the  aet,  eatided  ^An  act 

Srovidiog  for  the  sale  of  the  lands  of  the  United 
itates  Northwest  of  the  Ohio  and  above  the 
month  of  Kentucky  river,"  be,  and  the  same  is 
hereby,  suspended  until  the  thirty-first  day  of 
March  next,  in  favor  of  the  purchasers  of  public 
lands  at  any  of  the  land  offices  of  the  United 
States:  Providett,  That  the  benefit  of  this  act 
shall  not  be  extended  to  any  one  purchaser  ibr  a 
greater  quantity  than  six  hundred  and  forty  acres 
of  land. 

Approved,  April  IS,  1818* 

An  Ad  lo  establish  a  poit  of  enHiy  tmi  delivery  al 
Cape  Viaoent,  at  the  lotk  ef  JUke  Ontini,  mi  the 
head  of  the  nvar  81.  Lawieno^ 

BeUmaOed,^,  That  it  ahidl  be  lawful  for 
the  President  of  the  United  States  to  estabtieh, 
vhen  it  shail  appear  to  hiaa  to  be  proper,  in  addi- 
tion to  the  poriB  id  entry  and  delivery  already 
aatahlisbed  on  Lake  Ontario,  one  other  port  of 
ontry  and  delivery  at  the  village  of  Caae  Vin- 
oeBt.  at  the  fork  of  Lake  Ontario,  and  the  head 
of  the  river  St.  Lawreace,  and  to  appoint  a  col- 
lector of  the  customs  to  reside  and  keep  an  oftoe 
theceatr^Approved,  April  18,  Itli. 


AnAjBt  aawiiariwitsip  to  an  aet»  entitled  '^▲nastto 
legnlale  the  ooUeotion  of  duties  en  imposts  end  ton^ 
nuge,"  passed  the  second  day  ef  Maich,  one  thoup 
sand  seven  hundred  and  nine^-nine. 
Be  U  enacted,  fc,  That,  from  mnd  after  the 
pasBUHg  of  this  act,  no  Mods,  wares,  or  merchan- 
dise, imported  into  the  United  Statee,and  subject 
to  an  ad  valorem  duty,  shall  be  admitted  to  entry 
withlhe  collector  or  the  dietdct  inte  which  the 
same  are  brought,  unless  the  owner,  consignee, 
or  other  importer,  of  such  goods,  wares,  m  mer- 
chandise, shall  produce  to  such  collector  the  ori- 
ginal invoice  thereof^  but  the  same  shall  be  de- 
posited, and  remain^  in  the  public  warehouse,  at 
the  expense  and  risk  of  the  owner  of  such  goods^ 
wares,  or  merchandise,  until  such  invoice  be  pro- 
duced: Provided^  however.  That  in  all  cases 
where  such  goods,  wares,  or  merchandise,  shall 
have  been  imported  from  a  port  or  place  on 
this  side  the  Cape  of  Gk>od  Hojie,  if  such  in- 
voice or  invoices  be  not  produced  in  six  months, 
and  from  the  Cape  of  uood  Hope,  or  any  port 
or  place  beyond  the  same,  within  nine  months, 
from  the  time  of  such  importation,  then  the  said 
goods,  wares,  or  merchandise,  shall  be  appraised, 
and  the  duties  estimated  thereon,  in  the  manner 
hereinafter  directed :  And  provided  alwaye^  That 
this  prohibition  shall  not  extend  to  such  goods, 
wares,  or  merchandise,  as  shall  have  been  taken 
from  a  wreck. 

Sbc.  2.  And  be  itJUrther  enacted.  That  the 
Secreury  of  the  Treasury  be,  and  is  hereby,  au- 
*v^-;-^j  ^-a s  .r  ._  •^•-judgment,  the 

wares^ 
,  or  any 

other  circumstances  connected  therewith,'  render 
it  expedient,  to  direct  the  collector  in  whose  dis- 
trict such  goods,  wares^  or  merchandise,  may  be, 
to  admit  the  same  to  entry,  on  an  appraisement 
duty  made  thereof  in  the  manner  hereinafter  pre- 
scribed :  Provided,  The  owner,  agent,  consignee, 
or  importer  of  such  goods,  war^  or  merchandise, 
shall  first  jgive  bond,  with  sufficient  sureties  to 
the  United^  SttHOB^  to  produce  to  each  collector 
tba  invoice  of  euch  goodst.  wares  or  merohandiecu 
Irithin  eight  months,  if  tae  sMae  were  importod 
freaa  any  port  or  place  on  this  side  the  Cape  of 
Oood  Hope,  aad  within  fifteen  months,  if  ftoaa 
the  Cape  of  Good  Hope,  or  port  or  place  bevoad 
the  aame^  aad  to  pay  any  amount  of  duty  to 
which  it  shidl  appear,  by  such  invoice,  the  eaid 
goodsL  wares,  or  mefehandiee^  were  eobJect,.over 
aod  above  the  amoimt  of  duues  estimam  on  the 
said  appraiseaientM. 

8bo.  a  And  be  Ufiniher  enacted.  That,  when 
an  entry  shall  be  iMde  with  any  collector,  of 
any  goods,  wares,  or  mofchaadtse,  imported  iato 
the  United  States,  aod  subject  to  an  ad  valorem 
doty,  the  pecson  making  each  eatry  ehall,  if  he 
be  owner  ef  such  goods,  wares,  or  merohandiae, 
dedato  ^  same  on  oath,  and  if  he  be  not  the 
owner,  MfL  declare  on  oath  the  name  and  vesi* 
denoe  of  the  owner  of  soeh  goods,  wares,  or  mer- 
ehandise. 

Sficd.  And  be  it  fitriher  enacted,  That  tha 
ad  valotom  rates  of  duty  upon  goods,  wane,  aad 


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APPENDIX. 


2552 


PMic  Act^  €f  Omgrem. 


ffo< 
Ui 


atrehudite,  shall  be  ettimaledl  by  addioj^  twcaly 
per  cent  to  the  actual  cost  thereof,  if  imported 
^om  the  Cape  of  Qood  Hope,  or  from  any  island, 
port,  or  place,  beyond  the  same^  and  ten  per 
cent,  on  tne  actual  cost  thereof,  if  imported  from 
any  other  place  or  country,  including  all  charges,, 
except  commissions,  ouuide  packages,  and  in- 
surance. 

Sbo.  5.  And  be  it  Jwiher  enacted,  That,in  ad- 
dition to  the  oath  now  required  by  law  to  be 
taken  by  any  owner,  consignee,  agent,  or  importer, 
on  the  entry  of  any  goods,  wares,  or  merchandise, 
imported  into  the  United  States,  such  owner, 
consignee,  agent,  or  importer,  shall,  on  the  entrr 
of  any  goods,  wares,  or  merchandise,  so  imported, 
and  subject  to  ad  ralorem  duty,  declare,  on  oath, 
tl^at  the  invoice  produced  by  him  exnibits  the 
true  ralue  of  such  goods,  wares,  or  merchandise, 
in  their  actual  state  of  manufacture,  at  the  place 
ttom  which  the  same  were  imported. 
Sec.  6.  And  be  it  further  enacUd,  That,  when 
»od8,  wares,  or  merchandise,  imported  into  the 
t^nited  Sutes^  subject  to  an  ad  yalorem  duty, 
shall  be  consigned  to  any  person,  to  be  entered 
by  him,  and  to  be  delivered  to  order,  or  to  any 
other  person,  such  goods,  wares,  or  merchandise, 
shall  be  deposited  and  remain  in  the  public  ware- 
house, at  tne  expense  and  risk  of  the  owner,  un- 
til the  person  authorized  to  receiTC  them  shall 
appear  and  make  the  additional  oath  required  by 
the  fifth  section  of  this  act,  or  (if  such  person 
shall  not  reside  at  the  place  of  such  importation) 
until  the  invoice  of  such  goods,  wares,  and  mer- 
chandise, accompanied  by  a  notarial  act  of  bar- 
ing taken  the  said  oath,  shall  be  produced  to  the 
collector  in  whose  district  such  soods.  wares,  or 
merchandise,  may  be :  Provided,  Tnat,  if  the 
provisions  oi  this  section  shall  not  be  complied 
with  in  four  months  from  the  time  of  the  im- 
porution  of  such  goods,  wares,  or  merchandise, 
the  same  shall  be  subject  to  the  appraisement  re- 
quired by  this  act. 

Sac.  7.  And  be  Ufiuiher  enmted,  That  wh«i 
goods,  wares,  or  merchandise,  imported,  and  sub- 
ject to  dotv  as  aforesaid,  shall  be  reshipped  and 
transj^rted  coastwise,  from  one  district  to  ano- 
ther, in  the  packages  in  whicli  the  same  were 
imported,  an  invoice^  or  i^  copy  of  such  invoice. 
Termed  by  the  additional  oath  required  by  the 
fifth  section  of  this  act,  and  certified  under  the 
official  seal  of  the  collector  with  whom  the  entry 
on  the  importation  of  such  goods,  wares,  or  mer- 
chandise, was  made,  shall  be  produced  at  the  port 
to  which  the  same  shall  be  transported,  and  the 
same  inspection  of  such  goods,  wares,  or  mer- 
chandise, shall  be  made,asir they  bad  been  brought 
direct  from  a  foreign  port  or  place ;  and  if  the 
invoice,  verified  as  aforesaid,  shall  not  be  so  pro- 
duced, such  goods,  wares,  or  merchandise,  shall 
be  deposited  and  remain  in  the  public  warehouse, 
at  the  expense  and  risk  of  the  owner  thereof, 
until  the  invoice,  verified  and  certified  in  the 
manner  above  required  shall  be  produced ;  and 
>ds,.  wares,  or  merchandise,  imported,  and  sub- 
t  to  duty  as  aforesaid,  may  be  transported 


ooMtwiee,  to  OAe  or  more  dislricta  within  the 
United  States. 

Sac.  8.  And  be  it  Jiaiher  enacted^  Thataay 
goods,  wares,  or  merchandise,  imported  and  mlf- 
ject  to  duty  as  aforesaid,  and  belonging  to  a  per- 
son or  persons  residing,  and,  at  the  time  of  suck 
importation,  being  out  of  the  United  States,  shall 
not  be  admitted  to  entry,  after  six  months  foei 
the  passage  of  this  act,  if  imported  from  a  port 
or  piaee  on  this  side  the  Cape  of  Good  Hope,  or, 
after  fifteen  months  from  the  passage  cherao/^  it 
imported  from  the  Cape  of  Good  Hope  or  aaT 
port  beyond  the  same,  unless  the  iavoica  of  autta 
goods,  wares,  or  merchandise,  shall  be  verified  im 
the  manner  required  by  the  fifth  section  of  this 
act,  before  the  Consul  of  the  United  States  at  the 
port  at  which  the  said  goods,  wares,  or  merchan- 
dise, were  shipped,  or  before  a  Consul  of  the 
United  States  m  tne  country  in  which  the  said 
port  may  be ;  and  such  owner  or  owners  shall 
lurther  declare  on  oath,  whether  he  or  they  ara 
the  manufacturers,  in  whole  or  in  part,  of  aneh 
goods,  wsres,  or  merchandise,  or  are  eonoemedi 
directly  or  indirectly,  in  the  profiu  of  any  art  or 
trade  by  which  they  have  been  brought  to  their 
present  state  of  manufacture ;  and,  if  so,  he  or 
they  shall  further  swear,  that  the  prices  charged 
in  the  aforesaid  invoice  are  the  current  value  of 
the  same  at  the  place  of  manufacture,  and  such 
as  he  or  they  would  have  received  if  the  aame 
had  been  there  sold  in  the  usual  course  of  trade  : 
Provided,  That,  if  there  be  no  Consul  of  the 
United  States  in  the  country  from  whence  the 
shipment  of  such  goods,  ware^  or  merchandise, 
is  made,  the  oath  hereby  reouured  shall  be  made 
before  a  notary  public,  or  other  oOieer  duly  au- 
thorized to  administer  oaths,  whose  ofliciaL  char- 
acter shall  be  certified  br  a  consul  of  a  nation 
at  the  time  in  amity  with  the  United  States,  if 
there  be  one  in  such  country. 

Ssc.  9.  And  be  U  further  enacted,  Thar,  for  the 
appraisement  of  goods,  wares,  or  merchandise, 
required  by  this  act,  or  by  any  other  act  coa- 
cerning  imports  and  tonnage,  the  President  of 
the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  appoint,  in  each  of 
the  ports  of  Boston,  New  York,  Philadelphia,  Bal- 
timore, Charleston,  and  New  Orleans,  two  persons 
well  qualified  to  perform  that  duty,  on  the  part  of 
the  United  States,  who,  before  they  enter  thereon, 
shall  severallv  make  oath  diligently  and  faithfoUy 
to  inspect  and  examine  such  goods,  wares,  or  mer- 
chanclise,  as  the  collector  may  direct,  and  trulv  to 
report,  to  the  best  of  their  knowledge  and  belief^ 
the  true  value  thereof  when  purchased,  at  the  place 
or  places  from  whence  the  same  were  imported ; 
and,  when  anv  appraisement  is  to  be  made  in  the 
said  principal  ports,  the  two  appraisers  so  ap- 
pointed therein,  together  with  a  respectable  reai- 
dent  merchant,  chosen  by  the  party  in  interest, 
and  sworn  in  like  manner,  to  examine  and  re- 
port, shall  make  such   appraisement,  the  said 

merchant  having  also  made  oath  that  he  has  oo 
direct  or  indirect  interest  in  the  case ;  but  whea 
any  appraisement  is  to  be  made  in  ports  ot^r 

than  those  abovenamed,  two  respectable  reatdent 


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mcrchaatsy  icleeced  br  the  colketor,  tofetb«r 
with  a  respectable  resident  merchant,  chosen  by 
the  party  in  interest,  who  shall  have  severally 
taken  the  oaths  required  by  this  section,  shall  be 
the  appraisers :  Provided.  That  in  any  case  where 
the  party  in  interest  shall  decline  or  neglect  to 
choose  a  respectable  resident  merchant  to  join  in 
such  appraisement,  the  collector  shall  make  the 
selection  necessary  to  the  due  execution  of  this 
act^  and  the  appraisement  so  made  by  them,  or  a 
majority  of  them,  shall  be  valid  and  ejfectual  in 
law ;  and  the  Secretarv  of  the  Treasury  shall  have 
authority  to  direct  the  appraisers  for  any  col- 
lection district  to  attend  in  any  other  district  for 
the  purpose  of  appraising  any  goods,  wares,  or 
merchandise,  imported  therein ;  and  for  such  ser- 
Tice  they  shall,  respectively,  receive  at  the  rate 
of  five  dollars  a  day  whilst  engaged  therein,  and 
at  the  rate  of  five  dollars  for  every  twenty-five 
miles  in  going  to,  and  returning  from,  such  dis- 
trict ;  which  shall  form  no  part  of  the  salary  pro- 
vided for  by  this  act.  And  the  President  of  the 
United  States  is  hereby  authorized,  in  the  recess 
of  the  Senate,  to  appoint  the  appraisers  of  the 
said  ports,  which  appointments  shall  continue  in 
force  until  the  end  of  the  next  session  of  Congress. 

Sbc.  10.  And  be  UJitrther  enacted,  That  any 
merchant  who  shall  be  chosen  by  the  collector, 
or  by  the  party  in  interest,  to  make  any  appraise- 
ment required  under  this  act,  or  under  any  other 
act  respecting  imports  and  tonnage,  and  who  shall, 
aAer  due  notice  of  such  choice  has  been  given, 
decline  or  neglect  to  assist  at  such  appraisement, 
shall  be  subject  to  a  fine  of  not  more  than  fifty 
dollars,  and  to  the  costs  of  prosecution  in  any 
court  of  the  United  States  having  cognizance  of 
the  same. 

Smell.  And  be  UJurtherenactedj  That  when- 
ever, in  the  opinion  of  the  collector,  there  shall 
be  just  grounds  to  suspect  that  foods,  wares,  or 
merehnndise,  subject  to  an  ad  valorem  duty,  and 
imported  into  his  district,  have  been  invoiced  be- 
low the  true  value  of  such  goods,  wares,  or  mer- 
ehandise,  in  their  actual  state  of  manufaeture,  at 
the  place  from  which  they  «were  imported,  such 
eoUeetor  shall  direct  the  same  to  be  appraised  in 
the  manner  prescribed  by  the  ninth  section  of 
this  act ;  and  if  the  value  at  which  the  same 
shall  be  appraised  shall  exceed,  by  twenty-five 
per  eentum,  the  invoice  prices  thereof,  then,  in 
addition  to  the  ten  or  twenty  per  centum,  as  the 
ease  may  be,  laid  upon  correct  and  regular  in* 
Toiees  according  to  bw^  there  shall  be  added  fifty 
per  cent,  on  the  appcaised  value;  on  which  ag- 
gregate amount  the  duties  on  such  goods,  wares, 
or  merchandise,  shall  be  estimated. 

Sao.  12.  And  be  it  Juriktr  enacted,  That  in 
all  eases  where  the  appraised  value  of  any  goods, 
wares,  or  merchandise,  appraised  under  this,  or 
any  other  act  ooneerning  imports  and  tonnage, 
shall  exceed,  by  less  than  twenty*five  per  centum, 
the  invoice  value  thereof,  such  appraised  value 
shall  be  considered  the  true  value  of  such  goods, 
wares^  or  merchandise,  upon  which  the  duty  is 
to  be  estimated,  with  the  addition  of  such  per 
aantum  as  is  by  Itw  required :  but  in  all 


where  the  appraised  value,  shall  be  less  than  the 
invoice  value,  the  duty  shall  be  charged  on  the 
invoice  value  in  the  same  manner  as  if  no  ap- 
praisement had  been  made. 

Sbc.  13.  And  be  it  further  enacted,  That  any 
goods,  wares,  or  merchandise,  subject  to  an  ad 
valorem  duty)  and  belonging  to  a  person  or  per- 
sons, residing,  and,  at  the  time  of  the  importa- 
tion thereof,  beiojg,  out  of  the  United  States,  and 
which  shall  be  miported  in  the  United  States, 
but.  for  want  of  the  verification  required  by  the 
eighth  section  of  this  act,  not  admitted  to  entry, 
shall  be  subject  to  the  same  appraisement,  and  to 
the  same  addition  to  the  appraised  value,  as  are 
prescribed  by  the  eleventh  section  of  this  act,  in 
the  case  of  fraudulent  invoices. 

SEa  14.  And  be  it  further  enacted,  That  one- 
half  of  the  duty  accruing  on  the  additional  fifty 
per  centum,  which  may  be  imposed  on  any  goods, 
wares,  or  merchandise,  in  virtue  of  the  eleventh 
section  of  this  act,  shall  be  divided  among  the 
custom-house  officers  of  the  port  in  which  such 
goodsj  wares,  or  merchandise,  may  be,  in  the  man- 
ner prescribed  by  the  act,  entitled  "An  act  to  reg- 
ulate the  duties  on  imports  and  tonnage,^  passed 
on  the  second  of  March,  one  thousand  seven 
hundred  and  ninety-nine. 

Sec.  16.  And  be  it  further  enacted,  That,  be- 
fore any  goods,  wares,  or  merchandise,  which 
may  be  taken  from  anv  wreck,  shall  be  admit- 
ted to  entry,  the  same  shall  be  appraised  in  the 
manner  prescribed  by  the  ninth  section  of  this 
act  \  and  the  same  proceedings  shall  also  be  had, 
where  a  reduction  of  duties  shall  be  claimed, 
on  account  of  damage  which  any  fi^oods,  wares, 
or  merchandise,  imported  into  the  United  States, 
shall  have  sustaineo  in  the  course  of  the  voyage. 

Sec.  16.  And  be  it  further  enacted.  That  the 
expenses  of  appraisements  made  under  this  act 
shall,  in  all  cases,  be  borne  by  the  owner  or  own- 
ers of  the  goods,  wares,  or  merchandise,  appraised, 
except  when  the  appraisement  ordered  under  the 
eleventh  section  shall  not  exceed  the  invoice 
value  of  such  ffoods,  wares,  or  merchandise,  and 
where  it  shalf  be  made  on  goods  damaged  by  the 
voyage ;  and  except,  also,  when  the  goods,  wares, 
or  merchandise,  apimiised,  shall  have  been  taken 
from  a  wreck. 

Sbc.  17.  And  be  it  Jurther  enacted.  That  ench 
of  the  appraisers  who  may  be  appointed  under 
the  ninth  section  of  this  act,  in  the  several  ports 
therein  named,  excepting  New  York,  shall  re- 
eeive,  as  a  compensation  for  his  services,  one 
thousand  five  hundred  dollars  per  annum,  and 
the  appraisers  for  the  port  of  New  York  shall  re- 
ceive each  two  thousand  dollars  per  annum ;  and 
the  merchants  who  may  act  as  appraisers  under 
this  act  shall  receive  for  their  services,  while  em- 

eoyed  on  that  duty,  a  compensation  of  five  dol- 
rs  per  diem ;  and  the  said  sum  of  &7e  dollars 
per  oiem  for  each  of  the  appraisers,  (whether  of- 
ficial appraisers  or  selecteo  merchants,)  shall  be 
paid  to  the  collector,  by  the  owner  or  agent  of 
the  goods,  wares,  or  merchandise,  appraised  by 
them,  respectively,  in  all  cases  where  such  owner 
or  agent  may  be  liable  to  the  expense  of  appraise* 

Digitized  by  VjOOQIC 


AFBSmXL, 


PwbikfAmofQmgfttt. 


mmtj  befbw  the  (teHvery  of  rath  goodf,  Wtrts, 
Of  Dterehttn^ise,  by  fhe  coll«et<ir.  The  sanif  «o 
reeeired  shtll  be  forth triih  paid  by  sach  collector 
to  the  appraisers,  aod  the  atnomt  tto  paid  to  the 
ofiaial  appraiserir  shall  be  in  part  tgRislactioii  of 
their  salary.  ^  .  ^.      ^ 

8bo«  18.  And  be  U  fkrther  ehact^  That,  for 
tfWf  ▼orffieation  made  voder  this  aet,  hefortf  a 
Coftm  <Mf  the  Uaited  States,  rach  Consul  shall 
br entitled  to  ^maod  and  reeerre,  fVom  the  person 
nakiii^  the  siitte,  a  fee  of  two  dollan* 

Sic.  19.  And  he  itJUrther  enacted,  That  when 
any  goods,  wares,  or  merchandise,  shall  be  ad« 
mitted  to  entry  opon  inroice,  the  collector  of 
the  port  in  which  the  same  are  entered  shall  cer- 
tify sach  invoice  ander  his  official  leal :  and  no 
other  eridenee  of  the  valoe  of  sneh  goods,  wares, 
or  merehandlse,  shall  bt  admitted  on  the  part  of 
the  owner  or  owners  thereof,  in  any  court  of  the 
United  States^  except  in  corroboration  of  such 
inroice. 

Sec.  20.  And  be  U  Jiirther  enacted.  That  any 
person  or  persons  who  shall  cponterfeit  any  cer- 
tificate or  attestation  made  in  pursuance  of  this 
act,  or  use  such  certificate  or  aUestation,  know- 
ing the  same  to  be  connterfeit,  shall,  upon  con- 
viction thereof  before  any  court  of  the  United 
States  having  cognizance  of  the  same,  be  ad- 
judged guilty  of  lelonyt  and  be  fined  in  a  sum 
not  exceeding  ten  thousand  dollars,  and  impris- 
oned for  a  term  not  exceeding  three  years. 

Sec.  21.  And  be  it  Jurther  enacted,  That  no 
discount  shall  be  allowed  on  any  goods,  wares, 
or  merchandise,  subject  to  ad  valorem  duty,  ad- 
mitted to  entty,  unless  the  importer  shall  express- 
ly state,  on  oath  or  affirmation,  that  such  discount 
has  been  aetually  and  bona  nde  allowed  to  the 
owner  or  owners  of  such  goods,  wares,  or  mer- 
chandise, in  the  payment  made  for  the  same. 

Sbo.22.  Andbe  U  fiai^ enacted^  That  the 
aoUectors  of  the  customs  shall  be  required  to  cause 
at  least  one  package  out  of  every  invoice,  and 
ona  package  at  least  out  of  ewy  fifty  packages, 
of  every  invoice  of  goods,  wares,  or  merchandiie^ 
imported  into  their  respective  distiiets.  to  be  opeii^ 
ed  and  examined,  aod  H  the  same  be  found  not  to 
correspond  with  the  invoice  thereof^  or  to  be 
falselr  charged  in  snoJi  infoiee)  a  foU  itspeetion 
of  aU  such  ||oods,  wares^  or  merehandlse^  as  may 
be  included  in  (he  saoMeotry,  shall  be  made ;  and 
if  any  package  is  found  lo  contain  any  artielenot 
described  ia  the  invoice,  the  whole  package  shall 
be  forfeited,  and  in  case  such  goods,  waees,  or 
mevehaadise,  shall  be  subject  to  an  ad  valorem 
duty,  the  same  proceedings  shall  be  had)  aad  the 
same  penalties  shall  be  incurred,  as  are  Wovided 
in  the  eleventh  section  of  this  act:  Provided^ 
That  nothing  herein  contained  shall  save  from 
fbrleiture  any  package  having  in  it  any  article 
not  described  in  the  invoice. 

Sec  28.  And  be  it  finiher  enacted,  Th^i  any 
bond  to  the  United  States,  entered  into  for  the 

Sayment  of  duties  by  a  merchant  belonging  to  a 
rm,  in  the  name  of  such  firm,  shall  equally  bind 
the  partner  or  partneit  ia  trade,  of  the  person  or 


peiwMia  bf  vrlMm  soeh  bond  sMl  have^beetefc* 
eonted* 

8ao.M.  AndbeUJwHkerenaeied,  Than kiifl 
cases  ef  entry  of  merchandise  fbr  the  benefit  ef 
dftwtttek,  the  ttaoe  of  twenty  daye  shall  be  al* 
Itfwed  ftem  the  dace  of  die  clearatioe  of  the  sMp 
or  ves^  in  which  the  same  ahall  be  ladeiLnr 
givin*  the  expertalioB  ben^  for  the  same:  Pr^ 
Hdec^  Thai  the  esponer  shalli  ha  t/fety  other 
particutar,  oomply  with  the  reraaiioaa  mnd  fot*^ 
malities  hereCeiere  established  for  eatriee  of  ea* 
portatitott  for  the  benefit  of  dwwteek. 

Seo.  25^  And  be  Ufutiher  emteted^  Thai  att 
peaalties  and  forfeitnree  incurred  by  foree  of  Udm 
act,  Shan  be  sued  for,  recovered  distriboied,  mid 
aeeoua«ed  for.  im  the  manner  preiserlbed  by  tiM 
netf  entitled  ''An  aet  le  regnlaie  the  eelleetion  ef 
#vties  on  impovfs  and  tennage^^'  p«Md  on  tAo 
•eoottd  day  of  March,  one  thoasand  aeren  hondrefi 
and  ainetynkie,  and  may  be  mfiifniedot  leuril 
ted^  ia  the  manner  prescribed  bftbrnmet^  entftlad 
^Axi  act  to  provide  for  mitigaliiir  or  remittidf 
the  fbrfoitores,  peaaliies,  and  maMli^  aewraiof 
in  certain  cases  therein  tteatlonc^,"  pasaed  on  thn 
thinl  day  of  Matob,  one  thousand  seven  hnndvntf 
mod  ninety^eevctt. 

000^28.  AndbeUMhe^mkoM.  Yhatfhis 
net  shall  coaiinae  in  force  fbr  the  t«Mn  of  tiae 
yeare  from  and  after  the  paseiag  thereof. 

Approved,  Aprtt  20, 1818. 

An  A4it  to  provide  tot  the  publieatlen  of  the  Isnns  of 
the  United  Stotcs,  and  Ibr  other  pvpooea. 

Be  it  enacted,  ^,  That^  at  and  during  the  sen- 
sion  of  each  Congress  of  the  UmHed  States,  the 
Secretary  for  the  Department  of  State  shidlcanae 
the  asto  and  reaolntioas  pnned  by  Cotogms  nt 
such  session  to  be  peblished,  cmrentlyae  they  are 
enacted,  and  as  soea  as  pmcdeabk^  in  not  maee 
than  one  newspaper  in  the  Disnriet  of  ColaDriiiiL 
end  in  not  more  than  fhiee  newspapers  in  eaeh  of 
the  several  States,  and  in  not  ntere  iJuin  thvan 
newspapers  ia  each  of  the  Territories  of  the  Uw^ 
led  Stales.  And  he^hall  also  eansn  to  be  pei^ 
Ushedyia  the  like  manner,  in  the  said  aewapafee% 
or  in  saeh  of  them  as  he  shall  fbr  that  piarpooe 
designate,  the  pi^e  trentiee  entered  into  nsi 
mtMed  by  the  United  States.  . 

Sno.  2.  And  be  iifiaikerenackd^  Tha^  when- 
ever oflleiai  notice  shall  have  been  receivedi  aa 
the  DMacimieni  of  State^  that  any  aaindinenit 
which  hereiofere  has  been,  or  hewafter  maf  be, 
proposed  to  iheConstitntton  of  the  United  S«aian 
tma  been  adopted^  aeeording  to  the  provisioBn  or 
the  ConsUtutioa^  itahall  be  the  dnif  of  the  anid 
Seereury  of  State  forthwith  ta  eause  the  aaid 
amendment  to  be  published  in  the  said  nenrsan 
pers  authorised  to  premnlgate  the  lavs,  wkk  ah 
certificate,  specifying  the  Stntes  by  whtek  the 
same  may  have  been  adopted,  and  thai  iIm  same 
has  beoome  valid,  to  all  intents  and  porpoecs,  a 
a  part  of  the  Constitution  of  the  United  States. 

Sao.  3.  And  be  it  Jurther  enacted,  Thai  te 
proprietor  of  every  newspaper  in  whiek  the  Jiw^ 
resolutions,  ueaties,  or  amendments,  ahaU  be  ao 


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pabliakady  sbtU  nociTt,  n  foH  eoaipiMatioD 
iherafor,  st  the  ract  of  one  doUar  for  cock  pnated 
poffo  of  the  liwsy  ffeeolvtioasy  aod  tMOtaesyU  pob* 
oebed  ia  the  pottphlet  £ina  io  the  a^ier  here- 
iaofter  direetad.  Aod  if  it  ohall  oppeav,  on  the 
OMfirfDOtion  of  %,vlj  ftcooQBi,  that  there  has  heea 
any  aareaeonable  deUf  or  intentioBal  omisaon 
ia  the  pubtieation  of  the  lawsaforetaid,  the  proper 
aeeonnting  officer  of  the  Treasury  ia  berebj  ao^ 
ttoorised  and  required  to  dedeet,  from  each  ac* 
oonnt,  each  raai  ae  shall  be  charged  therein  fur 
the  pobltcaiien  of  any  lava  which  shall  hare  been 
eo  aareasDaahly  dekyed  or  iateaiioaaUf  omitted. 
And  in  any  snch  case  it  sbaU  be  the  dnty  of  the 
Secretary  of  Stale  to  dieceattnoe  the  pahlicattoa 
oi  the  lawe  in  the  aewspap^  belooffinf  to  such 
proprieiori  and  sach  newspaper  shall,  in  no  evea^ 
he  again  aaihorized,  nor  shall  the  proprietor 
thereof  be  aoain  employed,  to  publish  the  laws  ol 
tiM  United  Stales. 

Sao.  i.  And  be  Ufitrtker  mnctmi,  That  the 
Secretary  of  Stale  shall  cause  to  be  published,  at 
the  close  of  eirmf.  session  of  Coamsi^  and  as 
aeon  aajptacticable,  efteren  thousaadcopies  of  the 
ads  of  Conaressat  large, indadaag  all  resoiaiioBs 
passed  1^  dongreie,  amendmeau  to  the  Coaati* 
tatioa  aoopied,  and  all  publio  trealiee  made  aad 
rMified  sinoe  the  then  last  pablicataoa  <^  the  laen; 
whioh  copies  shall  be  prmied  oa  peper,  and  ia 
the  sise  of  the  sheet  mm  type,  in  a  amnner  toeor*' 
respond  with  the  farte  rerised  edition  of  the  laws 
pablished  by  Bioren  and  Co.;  w4ieh  oomeeahall 
be  dtetributediathefollowiBvmaaoer:  Toerery 
person  who  has  been  Pieeident  of  the  United 
States,  oae  copy  to  eadL  dnriag  their  mepeetite 
liree ,  to  the  preseat  and  erery  future  Prssideat 
aad  Vice  President,  one  copy  to  each,  during  their 
lires ;  oae  eooy  to  the  actual  PMsideat  and  Tioe 
Prendent,  to  be  deemed  an  apperteaant  to  their 
offioesy  respeotiTely ;  to  each  member  of  the  Sea- 
ate  aad  Hoase  of  RepcesentatiTes,  and  to  each 
Delegate  ia  Congress  from  any  Territory,  one 
M>py  each ;  tweaty  copies  to  the  Secretary  of  the 
Senate,  aad  fifty  copies  to  the  Glerh  of  the  Hooee 
•f  Rapceeeatatires,  for  tkeffeneral  nee  of  thecoan 
mitteceaad  members  of  the  respeotiTe  Hoasee; 
ta  tha  jadgea  and  clerks  of  the  supmme  aad  dis- 
trict aoarts,aad  the  laanhal  aad  attorney  of  each 
district  or  section  of  a  district,  one  copy  each ;  to 
the  Secretaries  of  Sute,  of  the  Treasurjrt  of  War, 
aad  of  the  Navy,  aad  to  cash  of  their  chief  clerks, 
oaa  copy  each ;  one  copy  to  the  Attoraef  Qea* 
eiEal,  to  each  of  the  ComptreUers  aad  Auditors^ 
aad  to  the  Register  and  Treasarer  of  the  United 
Stateo,  aad  to  the  Commissieaer  of  tha  Reveaae, 
Md  the  ConuDisstoner  of  the  Qeneral  Land  Offiee^ 
aad  to  the  Paymaster  General,  and  the  A^jumat 
aad  laspeetor  Gbneral,  aad  to  the  Commissary 
Ckneial  of  Sapnlies^and  titeDirector  of  the  Min^ 
oae  copy  to  each  collector,  naral  officer,  sarveyor, 
aad  iaspcotor  of  the  castomsi  to  the  aoveraoii, 
judaes,  secretaries,  and  clerics  of  the  Territories 
of  the  United  State^  one  copy  each;  to  thePost^ 
master  Geaeral,  and  each  Assistaat,  oae  cony; 
jaad  oae  copy  to  eaeh  of  the  sarTeyoo  geneial  of  I 
^he  lands  of  the  United  States,  and  to  eaeh  regie*  > 


ter  of  aland  office;  aad  earcopf  to  each  pal^ 
lisher  of  a  newepaaer  authoiaed  ta  ppomiil|ate 
the  same.  The  delivery  of  the  said  copies  shall 
be  under  the  direction  of  the  Secietary  of  SWite, 
or  such  officer  as  he  shall,  ibr  that  purpose^  aa^ 
thorize. 

Sao«dL  And  he  U  fitrtket  enaaUd,  That  three 
hundred  of  the  said  copies  shall  beaaaaaUy  plaoed 
m  the  Library  of  Congress ;  and  every  member  of 
Congress,  and  every  Delecaie,  shall  be  entitled  to 
the  use  of  a  copy  dt]»riDg  the  ses8ion,aod  the  sane 
shall  be  returned  and  accounted  for,  as  maf  be 
prescribed  by  the  rales  of  the  Librsry.  Aad  one 
handred  of  the  said  copies,  authoriied  by  this  act 
to  lie  printed,  shall  be  delivered  to  the  Secretary 
of  War,  and  fifty  copies  to  die  Secretary  of  the 
Navy,  te  he  by  then  respoctivelv  distrihaied 
aoMBg  saeh  officers  of  the  armf  and  navy  as  the 
pabiic  service  mav  require.  Foar  toadred  eopiee 
shall  be  reserved  Sy  the  Seoresary  of  Slate^  to  be. 
distributed  hj  him,  at  his  discrttien,  among  the 
public  and  foreign  Ministers  and  Consuls,  and 
other  public  aaents* 

Seo.  6.  Aad  be  it  JkvUur  enadkd,  That  the 
residue  of  the  said  number  of  copies^  authociBed 
to  be  printed,  shall  be  distributed  among  the  sev- 
eral Slates  and  Territories,  in  proportion  to  the 
number  of  represenutives  and  delegates  to  Which 
each  State  and  Territory  may  be  entitled  in  Con- 
gress, at  the  time  of  sucn  distribution. 

Sic.  7.  ilnd  be  Ufiaiker  etioceed;  That,  when- 
ever the  Secretary  of  State  shall  enter  into  any 
contract  with  any  person  ibr  the  publication  ef 
the  laws,  in  the  pamphlet  form,  as  aforesaid,  he 
shall  require  at  least  two  good  and  sufficient  saia- 
ties  for  the  faithful  performance  of  the  contract; 
and,  in  every  such  agreement,  it  shall  always  he 
stipulated  that  the  number  of  copies  hereby  ai^ 
thorized  to  be  printedi  shall  be  delivered  at  the 
office  of  the  Secretary  of  State  within  thirty  daya 
after  the  adjournment  of  each  session  of  Con- 
aress,  and  that,  for  every  day's  delay  in  such  de- 
livery, the  person  so  contracting  shall  forfeit  the 
sum  of  one  hundred  dollars,  to  be  deducted  from 
the  compensation  to  which  he  otherwise  would 
have  be^  entitled* 

Sao.  a  dad  he  it  further  enacted.  That  aU 
acts,  or.  parts  of  acts,  heretofore  passed,  which  ia 
any  ipanoer  coatravene  the  provisions  af  this  rneL 
or  which  may  be  inooasistent  with  the  same ;  and 
all  acts  or  parts  of  acts,  ia  which  are  enataiaed 
any  provisions  Ibr  the  publication  of  the  law% 
either  in  a  pamphlet  form  or  in  newspapers,  b^ 
and  the  same  ara  hereby,  repealed:  Promim^ 


That  such  repeal  shall  not  be  'construed  to  . 
vent  the  paymeat  of  any  compensation  that  may 
he  due,  for  the  publication  of  the  laws,  pretioas  to 
the  promulfatioa  of  this  act. 

Sec.  0.  ilnd  be  it  Jurther  enacted^  That  what* 
ever  sum  of  money  may  be  necessary  to  carrr 
into  effect  this  act,  besides  aay  specific  appropr^ 
ations  for  the  same  objects,  that  have  been,  or 
may  be,  made,  shall  be  paid  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated. 

Approved,  April  20, 1818. 


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FMie  AcU  of  Congrm. 


An  Art  lopi«Tid6  forewctiBf  .MttoBd  buildiiigrfer 

tho  aeoommodalkm  of  tfio  tefwal  BxecatiTe  JH- 

ptrtmenta. 

Be  i<  awcterf,  #c.,  Tbtt  the  Commissioner  of 
the  Public  Buildings  ctnse  to  be  erected,  under 
the  direction  of  the  President  of  the  United  States, 
two  buildings,  suitable  for  offices  for  the  B^ecu- 
tiTO  departments,  to  be  placed  north  of  the  build- 
iags  at  present  occupied  by  those  departments, 
and  on  a  line  parallel  therewith;  each  of  said 
Mw  buildings  to  contain  forty  rooms  of  coutc- 
nient  size.  ,    m«       ^ 

Sbo.  2.  And  be  U  further  enacted.  That,  for 
the  purpose  of  carrying  this  act  into  effect,  the 
tnm  of  one  hundred  and  eighty  thousand  seven 
hundred  and  forty-one  dollars  be,  and  the  same  is 
hereby,  appropriated,  to  be  paid  out  of  any  mon- 
ays  in  the  Treasury  not  otherwise  appropriated, 
and  to  be  expended  under  the  direction  of  the 
President  of  the  United  States. 

ApFoved,  AprU  20, 1818. 

An  Act  supplementary  to  the  several  acts  relative  to 
direct  taxes  and  internal  dnties. 

j&e  U  enacted,  f  c,  That  the  Secretary  of  the 
Treasury  shall  be,  and  he  is  hereby,  authorized  to 
cause  any  omissions  or  defects  in  the  assessment 
of  the  direct  tax,  laid  in  the  years  one  thousand 
eight  hundred  and  fifteen  and  one  thousand  eight 
hundred  and  sixteen,  in  the  fifth  collection  district 
of  Virginia,  to  be  supplied  or  corrected  by  the 
principal  assessor  for.  the  said  district,  in  such 
manner  as  the  said  Secretary  shall  see  fit:  Pro- 
vided, That  the  said  corrections  be  made,  as 
nearly  as  may  be  under  existins  circumstances, 
in  conformity  with  the  principles  applicable  to 
other  collection  districts,  and  that  the  same,  so  (lar 
as  they  regard  the  tax  laid  in  the  year  one  thou- 
sand eight  hundred  and  fifteen,  shall  have  refer- 
ence to  the  day  prescribed  by  the  act  of  January 
ninth,  one  thousand  eight  hundred  and  fifteen, 
and  so  far  as  they  regard  theXax  laid  in  the  year 
one  thousand  eight  hundred  and  sixteen,  shall 
have  reference  to  the  first  day  of  June,  one  thou- 
sand eight  hundred  and  sixteen :  And  provided, 
That,  previous  to  making  suc^  corrections,  the 
said  principal  assessor  shall  attend  at  the  court- 
house of  each  county  within  his  dbtrict,  for  at 
least  three  days,  for  the  purpose  of  hearin|^appeal^ 
of  which  attendance  he  shall  ffive  thirty  days' 
notice,  either  by  handbills  posted  up,  or  in  a  news- 
paper printed  in  each  county.  The  time  at  which 
the  taxes  for  the  said  years  shall  become  due,  shall 
be  that  on  which  the  tax  list  shall  be  delivered 
to  and  receipted  for  by  the  collector.  And  to  de- 
fray the  expenses  of  making  said  corrections,  there 
is  hereby  appropriated  a  sum  not  exceeding  five 
thousand  dollars,  to  be  paid  out  of  any  moneys 
not  otherwise  appropriated. 

Ssc.2.  And  be  %L  further  enacted,  That  the 
Secreury  of  the  Treasury  be  authorized,  in  case, 
in  his  opinion,  the  pubUc  interest  require  it,  to 
pay  for  the  publications  of  the  collectors  of  the 
direct  tax,  prescribed  by  the  twenty-eighth  and 

twenty-ninth  sections  of  the  act  of  January  ninth. 


one  thousand  eight  hundred  and  fifteen,  a  ime 
that  shall  not  exceed  that  usmdly  piid  hy  indiYid* 
uals  for  publications  made  by  their  order. 

Sbo.  a  AndbeU/uriM^enaeUd,  That,iBCMe 
of  the  sale  of  properly  for  direct  taxes,  laid  m  Os 
years  one  thousand  eight  hundred  and  thirteea, 
one  thousand  eight  hundred  and  fifteen,  and  one 
thousand  eight  hundred  and  sixteen,  belonging  to 
infants,  persons  of  insane  mind,  mamed  women, 
or  persons  beyond  sea,  its  redemption  shall  be 
effected  at  any  time  within  two  years  after  Che 
removal  of  such  disability,  or  the  return  to  tke 
United  States,  on  paying  to  the  collector  of  the 
district,  or  other  officer  of  the  United  States  oa 
whom  his  duties  may  be  devolved,  as  the  case 
may  be,  the  amount  paid  by  Che  purchaser,  tt^ 
geiner  with  ten  percent,  per  annum  thereon,  and 
on  paying  to  the  purchaser  of  the  land  a  eompem« 
sation  for  all  improvementt  he  may  have  made 
on  the  premises  subsequent  to  his  purchase^  the 
value  of  which  improvements  to  be  ascertained 
by  three  or  more  neighboring  freeholders,  to  be 
appointed  by  the  clerk  of  the  district  court,  who, 
on  actual  view  of  the  premises,  shall  assess  the 
value  of  such  improvementt  on  their  oath,  aM 
make  a  return  or  such  valuation  to  the  ekrfc 
aforesaid  immediately.  And  the  dcilt  oC  the 
court  shall  receive  such  compensation  for  hisaei^ 
vices  herein,  to  be  paid  by,  and  received  from,  the 
parties,  like  costs  of  suits,  as  the  judge  of  the  dis- 
trict court  shall,  in  that  respect,  ux  and  allow. 

Sbo.  4.  And  be  U  furiher  enaded,  That  the 
time  allowed  for  the  redemption  of  lands  whic^ 
have  been,  or  may  be,  sold  for  the  payment  oC 
taxes,  under  the  act  passed  the  second  day  of 
August,  one  thousand  eight  hundred  and  thirteen, 
entitled  "An  act  to  lay  and  collect  a  direct  tKC 
within  the  United  States,"  and  purchased  on  be- 
half of  the  United  States,  be  extended  three  jem 
beyond  the  time  heretotore  allowed:  Promded, 
That  such  extension  of  time  shall  not  be  bevond 
the  first  of  June,  one  thousand  eight  hundred  Md 
twenty,  and  that  on  such  redemption  iatereet 
be  paid,  at  the  rate  of  twenty  per  eentnm  on 
the  ux,  and  additions  of  twenty  per  centuoi  etev- 
geaUe  thereon  j  and  the  right  to  redeem  shaU 
enure  as  well  to  persons  holdmg  an  equiuhle  er 
reversionary  interest  in  lands  so  purchased  oo  he» 
half  of  the  U nited  States,  as  to  the  original  own- 
ers  thereof.  ^  ^^ 

Sbo.  6.  And  be  Ujurther  enacted,  That  the 
President  of  the  United  States  be  authonxed, 
whenever  he  shall  consider  it  expedient,  teaholisb 
all  the  existing  offices  of  collectors  of  the  direet 
tax  and  internal  duties,  in  any  State  or  Territory^ 
whereupon  the  duties  remaining  to  be  perfonaei 
shall  be  devolved  upon  such  officer  of  the  United 
States,  within  such  State  or  Territory,  aa  the 
President  may  desi^ate.     And  whenever,  m 


virtue  of  this  authority,  or  of  that  conferred  g 
the  act  of  December  twenty-third,  one  thoosaBd 
eight  hundred  and  seventeen,  entitled  '^An  net  te 
abolish  the  internal  duties,"  the  office  of  any  efli- 
lector  shall  be  abolished,  or  itt  duties  trensfefte^ 
to  any  other  collector,  or  officer  of  the  UalM 
States,  it  shall  be  the  duty  of  such  eoUeem  « 


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•r  i*iBAked#eib  /Of  iMd  wM  for  dkfcf  ttzei, 
iB  the  sam*  aumtr  and  for  the  same  fees  as  are 
{mrided  bf  law  in  eases  where  ao  such  traaa£tr 
of  duties  has  takea  place.    Aod  such  coUeetw  or 
officer  shall  give  boad  for  the  perfonnaaee  of  his 
duties,  in  such  saai  as  the  Becretar^r  of  the  Trea- 
sury shall  presehbey  sad  shall  reeeive  like  cooi- 
peoaatioa  with  that  allowed  to  the  present  collec- 
tors of  direct  tax  and  interaal  duties.    In  ail  cases, 
oreTious  to  the  making  a  deed,  there  shall  be  de- 
lirered  to,  and  filed  by,  the  collector,  or  other 
officer  authorized  to  make  the  same,  the  receipt 
Sw  the  purchase  money  paid  for  the  real  property 
sold  for  any  tax.    At  the  expiration  of  three 
mauthe  after  the  time  allowed  for  the  redemption 
of  proj^ty  sold  for  taxes,  the  celleotors  or  other 
afficere  aforesaid,  in  each  State,  except  the  design 
nated  collectors,  shall  make  out  aad  lodge  with 
Ihe  dark  of  tl^i  district  court  distinct  statements 
of  the  property  then  naredeemed,  sold  to  indiTidtt- 
ak,  and  ot  the  like  property  purohaeed  in  behalf  of 
Ihe  United  States ;  which  sUtemeau  shall  dasig- 
aale  the  nameeof  the  persona  taxed,  where  resident, 
Iha  amount  of  the  tax  and  addi  taoos,  thedeacription, 
tkumniam^  aad  quantity,  of  the  property  sold  far 
tixes,  the  name  of  the  owner,  or  psesumed  owner, 
when  eoldf  the  name  of  the  porohaser,  and  the 
amount  paid  by  the  purehascr ;  aad  the  said  eol- 
iaatoiB  or  other  officers  shall  likewise  pay  orer,  to 
the  said  clerk,  the  moneys  reoeired  tot  the  pur^ 
ahasers  and  in  their  haads,  for  which  stateioeuts 
and  moneys  the  clerk  shall  giTe  them  a  receipt. 
The  said  clerk  shall  henee&rth  hare  exclnsire 
uuthohty  to  grant  deeds,  and  to  perform  all  the 
other  duties  preriously  perforated  br  the  collector, 
or  other  officer  aforesaid,  in  regard  to  the  direct 
tax:  Provkhd,  That  one-half  of  the  compensap 
tion  made  therefor  be  for  the  use  of  the  clerl^  and 
Iha  otker  half  for  that  of  the  collector,  any  law 
to  the  contrary  notwithstaadiag*    Aad  the  mme 
oauiae  shall  be  pursued,  ia  regard  to  the  risaee 
live  desigaated  coUeetors,  wheoev«r  their  ottees 
shall  be  abolished  by  the  President  ef  the  United 
Smtaa,  in  which  case  the  riffht  of  redemption  that 
may  siill  reoMun  shall  be  eflecied  through  the  said 
etoka.    The  clerks  of  the  district  eourtssball,  en 
the-  An«  of  laauanr  in  each  year,  reader  to  the 
fikoretary  of  the  Treasorv  disiinot  etaMmtnia  af 
llMir  proceedings,  in  such  (brm  as  shall  he  pre- 
aeribad  by  him,  and  shall  par  orer  ihe  moneys 
ieoaiTed  by  them  for  the  use  or  the  United  Staiee. 
Buo.  6.  And  be  it  JwrQm  maei$dy  That  an 
a^ammint  Irom  theamoonts  of  the  bonds  given 
for  interaal  duties,  at  the  mte  of  eight  per  eeatum 
par  a— um,  shall  be  made  on  the  payaaent  thtaaof 
ptariaus  to  their  baeeoung  due. 

Sao.  7.  AndbeUJkrtkgtenMe$ed,  That  In  aM 
eneae  In  which  deeds  for  property  edd  for  the 
dartct  tax  impoeed  ia  the  year  oae  thousand  sirea 
aad  nioety-eitfht,  shall  aot  have  beea 
«i  or  in  whioh  defectife  deeds  hare  been 
e,  deeds  mar  aad  shaU  be  granied  therefor 
kf  tha  ■wvshai  of  ihe  tespeetiTo  districts  in  which 
Om  ptopetty  is  situate,  withia  two  years  from  the 
I  of  thie  act,  where  the  thgkt^i  redeaap- 
has  aipiredynnd  in  other  eases  within  two4 
15th  Coir.  latSBsa.— 81 


yearsafter  tha  said  right  may  expke«  on  the  termfe, 
and  subject  to  the  conditions,  fixed  or  law :  PrO" 
wUd,  That  where  new  deeds  may  be  node,  the 
same  shall  only  be  granted  on  the  delirery  oi  the 
defectire  deed  to  tne  marshal,  who  shall  cancel 
the  same  as  soon  as  the  new  deed  is  made,  which 
shall,  aftcfr  reciting  st  length  the  defective  deed, 
declare  the  property  to  be  conveyed  to  the  original 
grantee,  his  heirs  or  representatives,  sn^ect  to 
any  right  or  claim  thereto  that  may  have  accrued 
subsequent  to  the  date  of  the  defective  deed ;  and 
said  marshal  shall  receive  two  dollars  for  prepar- 
ing and  executing  each  deed. 

Sac.  8.  And  be  UJuriher  emMcted^Thmt  in  aay 
suit  or  action  which  shall  be  hereafter  institared 
by  the  Unit^  Slates  against  any  corporate  bo^, 
for  the  recover^r  of  money  upon  any  bill,  note,  or 
other  security,  it  shall  be  lawfal  to  summon^  as 
l^amiriiees,  the  dahCors  of  such  corporation  |  aad 
It  shall  be  the  duty  of  any  person,  so  snmnaioned, 
to  appear  in  open  co«t,  and  depose,  in  writing,  to 
the  amount  which  he  or  the  was  indebted  to  the 
said  corporatioa,  at  the  time  of  the  serTiea  af  iho 
summons,  and  at  the  time  of  making  such  depo- 
sition ;  and  it  shall  be  lawful  to  enter  up  judgment 
in  favor  of  the  United  States,  for  the  sum  admit- 
ted by  such  garnishee  to  be  due  to  the  said  cor- 
poration, in  the  same  manner  as  if  it  had  been 
due  and  owing  to  the  United  States:  Providea^ 
That  no  judgment  shall  be  entered  against  any 
garnishee,  until  after  judgment  shall  nave  beep 
rendered  against  the  corporation  defendant  to  the 
said  action,  nor  until  the  sum  in  which  the  said 
garnishee  may  stand  indebted  be  actually  due. 

Sao.  9.  And  be  iijurther  enacted^  That  wheae 
any  person  summoned  as  garnishee,  shall  depoee 
in  open  court  that  he  or  she  is  not  indebted  ip 
such  corporation,  ^or  was  not,  at  the  time  of  the 
service  of  the  summons,  it  shall  be  lawfal  for  the 
United  States  to  tender  an  Issue  upon  such  dta* 
mand,  aad  if^  upon  the  trial  of  such  issue,  a  verdiol 
shall  berandened  against  such  garnishee  judgnacAC 
shall  be  entered infavor  of  the  United  Statsi, pna- 
suant  to  such  verdict,  with  costs  of  suit. 

Sac  10.  And  be  iijwr^er  enacted.  That  if  any 
peoon  summoned  as  aamishee  under  the  provi^ 
sions  of  this  act,  shall  tail  to  appear  at  the  term  of 
the  court  to  which  he  has  been  sommonedw  he 
shall  be  subject  to  attachment  for  contempt  of  thfs 
court. 

Sac  11.  And  be  it  Junker  enacted^  That  ip 
much  of  aO  aat  passed  the  thirtiath  of  April,  ono 
thousand  eight  hundred  and  sixteeui  entitled  '^A^ 
act  to  allow  drawback  of  duties  on  spirits  distilled 
and  sugar  mftned  within  the  United  States^  and 
for  other  purposes,''  as  alloirs  a  drawback  of  four 
nenu  upon  every  gallon  of  spiriu  distilled  from 
molasses,  and  a  drawback  of  four  cents  per  pound 
upon  renned  sugar  exported  from  the  United 
Statw,  together  with  all  the  regulations  and  pro- 
visions of  the  said  act  upon  the  subject  of  the  said 
drawbacks,  shall  be  deemed,  construed,  aad  uke9, 
to  be  and  remain  in  full  force  and  virtue,  any  aat 
or  acu  10  the  contrary  ooiwi^hsuadiog. 
Approredj  AprU  80, 1818. 


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A«  4ol  to  defaiy  ike  «!««  •f^th.  Maitia  whM 
mardiiiif  to  plmi  of  resdevfoiif. 
Be  U  maeUd,  fc,  That  the  expeneee  locttrrcd, 
Of  to  he  iDcarred,  hy  marchlof  the  nihtim  of  any 
State  or  Territory  of  the  United  States  to  their 
places  of  reodezTOus,  iopursuaocc  of  a  requlsi- 
Uon  of  the  President  of  the  United  States,  or 
Whieh  shall  haxe  been,  or  maybe,  incurred  in 
cases  of  calls  made  by  the  authority  of  any  State 
or  Territory,  which  shall  hare  been,  or  fna^r  be, 
anproTcd  by  him,  shall  be  adjusted  and  paid  in 
like  manner  as  the  expenses  incurred  after  their 
arrlTal  at  such  places  of  rendemrous,  on  the  re- 
Misition  of  tke  President  of  the  United  States: 
Pra^idtdf  That  nothing  herein  conuined  shall 
b#  eonddertd  as  atttlM>rizin|[  may  sptciw  of  ex- 
MBditnre,  prerioiis  to  arrifing  at  the  place  of 
nndciToas,  which  is  not  profided  by  exuusf 
laws  to  be  paid  for  after  Unir  anrirai  at  aueh 
place  of  rendeiroas. 
^pprored,  AprU  20, 1810. 

An  Act  for  the  relief  of  Yolnnteer  Mounted  Cvnhj. 
Be  it  enacUdf  fc^  That  efcry  non-commis- 
stoned  officer,  or  prirate,  who  served  in  any  vol- 
unteer corps  of  cavalry  during  the  late  war,  and 
furnished  his  own  horse  or  horses,  while  in  the 
public  service  aforesaid,  shall  be  allowed  at  the 
rate  of  forty  cents  per  day  for  each  horse  so  fur- 

'  nished,  which  such  officer,  non-commissioned 
officer,  or  private,  was  enliiled  by  l»w  to  keep  in 
such  service.  And  that  when  anjr  officer,  non- 
commissioned officer,  or  private,  in  the  cavalry 
service  aforesaid,  having  lost  the  horse  or  horses 
which  mty  have  been  taken  by  him  into  the  said 
•ervice,  and  having  received  from  the  United 
States  another  horse  or  horses,  in  lieu  or  in  part 
payment  for  the  horse  or  horses  so  previously 
lost  as  aforesaid,  such  officer,  non-commissioned 
officer,  or  private,  shall  be  entitled  to  receive  the 
allowance  of  forty  cents  peir  day  for  the  use  and 
risk  of  the  horse  on  which  bn  may  have  been  so 
remounted. 

Approved,  April  dO,  1818. 

An  Act  to  regulate  and  fix  the  compensation  of  Clerks 
in  the  different  Offices. 

Be  it  enacted,  fc.,  That  the  Secreury  for  the 
Department  of  SUte  be,  and  he  is  hereby,  author- 
ized to  employ  one  chief  clerk,  whose  compensa- 
tion shall  not  exceed  two  thousand, dollars  per 
annum  s  two  clerks,  whose  compensation*  sball 
not  exceed  one  thousand  six  hundred  ddlars 
each;  four  clerks,  whose  compensation  shaH  not 
•ffsceed  one  thousand  four  hundred  dollars  each ; 
•DC  clerk,  whose  compensation  shall  not  exceed 
•no  thousand  dollars;  two  clerks,  whose  com- 
pensation shall  not  exceed  eifffat  hundred  dollars 
«ach;  one  Superintendent  of  the  Patent  Office, 
wkoee  compensation  shall  not  exceed  one  thous- 
anil  five  hundred  dollars,  and  one  clerk  in  said 
Patent  Office,  whose  compensation  shall  not  ex- 
ceed one  thousand  dollars. 

Sbo.2.  And  be  U  further  enacted^  That  the 
Secretary  of  the  Treasury  Department  be,  and 


be  h  hereby,  autborixad  tocaepAoy,  for  .t»f  «••• 
of  the  Treaaory  DepartaMut,  •••  chief  eleit, 
whose  compensation  ahall  not  exceed  two  Khmr 
sand  dollars  per  annum ;  two  dcrks,  wboaa  com- 
pensation shall  not  exceed  one  tbnosaa4  aix  boa- 
dred  dollars  eachf  three  clarka,  whose  eompea- 
sation  shall  not  exceed  one  thossand  four  hondtad 
dollars  each ;  and  one  clerk,  wbose  comptosatiam 
shall  not  exceed  one  tbousand  dolUii.    For  the 
office  of  the  first  coantioller,  one  chief  cleii[, 
whose  compensation  shall  not  exceed  one  tbemr 
sand  seven  hundred  dollars  per  annum;  fov 
derka,  whoee  compeaeation  shall  not  exMtA  imm 
thousand  four  hondrtd  dollars  each }  five  daitai 
whoae  compensation  ahall  not  esceed  om  ikott* 
■and  one  hundred  and  fifty  doltan  ea^s  fott 
clerks,  whoee  oompansaUoa  shall  not  emed  cm 
thousanddoUars  esch )  and  one  clerk,  whoaecMMi* 
pensaiioa  shall  not  exceed  eight  liondied  daUaia. 
For  the  office  of  the  second  coaaniroller,  dm  Md 
clerk,  whoee  compcnaatioo  akaU  not  exceed  cm 
Uiovsaad  sevea  hundred  dollars  dm'  aomuB$  two 
clerks,  whose  ceoBpaBsaUeQ  shaU  not  exceed  €NM 
thousand    foor   k«ndred  doUara;   tbiea  dedca» 
whose  cooHMSsation  shall  not  ^ceedoMiM* 
sand  one  Imndced  and  fifty  doUars  cadi]  one  deik, 
whoae  compeoMition  shsll  not  exceed  eae  tho«* 
sand  doUars;  and  one  dark  whose  compeatatiaa 
shall  not  exceed  dght  hundred  dollaia.    For  the 
office  of  the  first  auditor,  one  chief  derk,  whoee 
compensation  shall  not  exceed  one  thooAud  seres 
hnndred  dollars  per  annum ;  two  clerks,  whoee 
compensation  shall  not  exceed  one  thousand  four 
hundred  doUars  each;  six  clerks,  whose  conapett* 
sation  shall  not  exceed  one  thousand  one  hue* 
dred  and  fifty  dollars  each;^ree  detk^  whoae 
oompeaeation  shall  not  exceed  one  ihoesand  doi- 
lacs;  and  one  clerk,  whose  compeaaaiioa  shdl 
not  exceed  eight  hundred  doliara.    For  the  office 
of  the  second  auditor,  one  chief  deck,  whose  eooa- 
penaation  shall  not  exceed  one  thousnnd  seven 
hundred  doUars  per  annum ;  two  derka,  whM 
compeneation  shall  not  exceed  one  thoesaad  fear 
handled  ddlars  each  j  six  desks,  wh«e  conupoi- 
aalkm  shall  not  exceed  one  thousand  one  M»^ 
died  aad  fifty  dollars  each;  five  darks,  whnai 
ttOinyeaaatieB  shall  noi  exceed  one  thcnennd-del* 
lam  each;  and  one  deck,  whoee  compHiaaiioa 
shall  not  exceed  eight  hundred  ihdlara.    Woftm 
office  of  the  third  auditor,  one  diief  cleik,  whoaa 
compenaatioa  shall   not  exceed  e»e  thenmd 
seven  hundred  dollain  per  anonm;  five  cleifea, 
whose  compensation  shaU  net  exceed  one  UM^ 
aaod  fouf  hundred  dollars  each;  c«i  deika»  wheaa 


JeneatioB  shall  not  exceed  one  ihooanad  one 
red  and  fifty  dellam  each ;  six  derks,  wM 
ecmpensation  ahall  not  exceed  one  thousand  dot- 


bunj 


iarf  each ;  and  three  clerks,  whose  eompenanticn 
shdl  not  exceed  eight  hundwd  dollem  eneh.  Fat 
theo&ae  of  the  fourth  anditor,  one  ahief  desk, 
whose  cempeaaation  shall  not  cxeeed  one  ^^^^ 
sand  seven  hundred  doUara  ] 


,«^  ^w— ^.^- r»f  euMWi;  twa 

derks,  whose  compensation  ahall  not  «e«c^  ^ 
thoMand  four  hundred  dollass  each ;  fitve  ckni^ 

I  whose  compensation  shdl  not  exceed  one  ihM- 
aand  ene  huodied  end  fifty  doUara  eachf  mmv 


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MM 


FMic  Aa»  ^  Omgrtm. 


blerks,  wfaoie  ciNDptseatioD  diaU  aot  exceed  one 
tiMiBiDd  dollars  etttk ;  and  one  dark,  whose  eom* 
peosation  shall  not  exceed  e»ht  hundred  dollars, 
yor  the  offiee  of  the  fifth  aa£lor,  one  chief  clerk, 
irfaose  eompeasation  shall  not  exceed  one  tboa- 
aaad  scTcn  nnodied  dollars  per  annum;  one  clerk, 
whose  compensation  shall  not  exceed  one  thou* 
eand  fonrhnndired  dollars;  four  clerks,  whose  com* 
Mflsatioa  shall  not  exceed  one  thousand  one  hnn« 
«ped  and  fifty  dollars  each ;  two  clerks,  whose 
compensation  shall  not  exceed  one  thousand  dol- 
lars each ;  and  one  clerk,  whooe  compensation 
ahall  not  exceed  eight  hundred  dollars.  For  the 
oflfee  of  the  treasurer,  one  chief  clerk,  whose 
•ompensation  shall  not  exceed  one  thousand  serea 
kimdred  dollars  per  annum;  one  clerk,  whose 
compensation  shaU  not  exceed  one  thousand  four 
hundred  dollars ;  one  clerk,  whose  compensation 
chail  not  exceed  one  thousand  one  hundred  and 
fifty  doUsrs;  and  one  clerk,  whose  compensa* 
tton  shall  not  exceed  one  ihoiuand  dollars.  For 
the  office  of  the  register,  one  chief  clerk,  whose 
oompensation  shall  not  exceed  one  thousand 
wren  hundred  ddhtrs  pet  annum;  four  clerks, 
whoso  compensation  shall  not  exceed  one  thou- 
sand four  hundred  dollars  each;  three  cleriu. 
whose  compensation  shall  notexeeodone  thousanu 
-one  hundred  and  fifty  dollars  each;  six  clerks, 
whoee  compensation  shall  not  exceed  one  thou- 
oand  dollars;  and  seren  clerks,  whose  eompen- 
•ation  shall  not  exceed  eiffht  hundred  dollars 
each.  To  the  offiee  of  the  commissioner  of 
the  land  office,  one  chief  derk,  whose  compen- 
sation shall  not  exceed  one  thousand  seren  hun- 
dred dollars  per  annum ;  two  clerks,  whose  com- 
pensation shall  not  exceed  one  thousand  four 
nundred  dollars  each ;  three  clerks,  whose  com- 
pensation shall  not  exceed  one  thousand  one 
Mnndred  and  fifty  dollars  each;  fire  clerks,  whose 
oompeasation  shall  not  exceed  one  thoussnd  dol- 
lars each ;  and  tweWe  clerks,  whose  compensa- 
tion shall  not  exceed  eight  hundred  dollars  each. 
Sao.  3.  And  ht  U  foriher  eaoetod.  That  the 
Secretary  of  the  War  Department  be,  and  he  is 
horeby,  authorixed  to  employ,  for  the  office  of  the 
War  Department,  one  chief  clerk,  whose  compen- 
oatlon  shall  not  exceed  two  thousand  dollars  per 
aaaum ;  three  clerks,  whose  compensation  shall 
mH  exceed  one  thousand  six  hundred  dollars; 
Are  clerks,  whose  compensatloa  shall  not  exceed 
•ne  thotsand  four  hundred  dollars  each ;  eight 
dorfcs^  whose  componsaiioa  shall  not  exceed  one 
liionsand  doUars  each;  and  fire  derks,  whose' 
tfompeasation  shall  act  exceed  eight  hundred  M- 
laroeaeh.  For  the  office  of  the  paymaster  general, 
ooo  ahief  clerk,  whooe  eompensation  shall  not 
axeeed  one  thousand  seven  nundred  doUars  per 
aaaum;  one  clerk,  whose  eompensation  shdl  not 
aaceed  one  thousand  lour  hundred  dollars ;  two 
clerks,  whose  compensation  shall  not  exceed  one 
thousand  onehundredand  fifty  dollars  each ;  three 
clerks,  whose  compensation  shall  not  exceed  one 
thousand  dollars  each;  and  one  clerk,  whose  oom- 
pensation  shall  not  exceed  eight  hundred  doHars. 
For  the  office  of  the  adjutant  and  inspeotor  geo- 
•lal,  one  clerk,  whoso  compensation  shaU  not  ex- 


ceed one  thousand  one  hahdred  and  flftv  doUats ; 
and  one  clerk  whose  compensation  shall  not  ex* 
ceed  one  thousand  dollars.  For  the  office  of  the 
ordnance  department,  one  derk,  whose  oompen- 
sation  shall  not  exceed  one  thowind  one  hundred 
and  fifty  dollars  per  annum ;  one  clerk,  whoso 
compensation  shall  not  exceed  one  thousand  do^ 
lars;  and  one  clerk,  whose  compensation  shall 
not  exceed  eight  hundred  ddlars.  For  the  office 
of  the  superintendent  of  Indian  trade,  one  derk, 
whose  compensation  shall  not  exceed  one  thou*  , 
sand  one  hundred  and  fifty  dollars  per  annum: 
one  clerk,  whose  compensation  shall  not  exceed 
one  thousand  doUars;  and  one  derk,  whose  com* 
pensalion  shall  not  exceed  eight  hundred  ddUrs, 
810.  4.  And  be  ii  further  emieied,  That  the 
Secretary  of  the  Nary  Department  be.  and  he  is 
hereby,  authorized  to  employ  one  cni^  clerk| 
whose  compensation  shall  not  exceed  two  thou* 
sand  dollars  per  annum ;  one  clerk,  whose  cooi- 

Jensation  shall  not  exceed  one  thousand  six  hua* 
red  ddlars;  two  clerks,  whose  compensatioa 
shdl  not  exceed  one  thousand  four  hundred  dol- 
lars each ;  oae  derk,  whose  compensation  shall 
not  exceed  one  thousand  dollars;  and  one  clerk, 
whose  compensatioa  shdl  not  exceed  eight  haa* 
dred  dollars. 

Sbo.  5.  And  be  Ufiartiker  muuM^  That  the 
commissioners  of  the  Navy  be^  and  thely  are  here- 
by, authorized  to  employ  oae  clerk,  whose  coaH 
pensation  shall  not  exceed  one  thousand  six  hua* 
dred  dollars  per  annum;  one  derk,  whose  eoan 
pensation  shall  not  exceed  one  thousand  one  hua* 
dred  and  fifty  dollars;  and  one  derk,  whose 
eompensation  shall  not  exceed  eight  hundred 
dollars. 

Sbc.  6.  And  be  UJMher  enacted,  That  the 
Attorney  Qenerd  be  allowed  to  employ  one  derk 
whose  compensation  shall  not  exceed  one  thou* 
sand  ddlars  per  annum. 

Sno.  7.  And  be  it  further  enacM^  That  the 
Postmaster  General  be,  and  he  is  hereby,  author- 
ixed to  employ  one  chief  derk,  whose  oompensa* 
tion  shaU  not  ex^ed  one  thousand  seven  hundred 
ddlars  per  annum ;  two  derks,  whose  compea* 
sation  ehaU  not  exceed  one  thousand  four  hundred 
dottars ;  fire  derks,  whose  compensation  shaU  not 
exceed  one  thousand  two  hunmred  doUaw  each: 
niae  derks,  whoee  oompensation  shaU  not  exeoea 
one  thoosanddoUars  eaoh ;  and  four  derks,  whose 
oompensMion  shaU  not  exoeed  eight  hundred  dd- 
lars each. 

Boo.  a  Amd  be  Ufutiher  enacted,  That  the 
Secretary  of  the  Treasury  be,  and  he  is  hereby, 
authorized  to  eaploy,  in  the  office  ei  the  third 
auditor,  until  the  first  day  of  January,  one  thow- 
sand  eight  hundred  aad  twenty,  six  additioad. 
clerk%at  a  oompensation  not  exceeding  one  thou- 
sand dollars  each  per  annum;  and  throe  addi- 
tional derks,  at  a  eompensation  not  exceeding 
ewht  hundred  doHars  eaoh;  and  in  the  office 
of  the  second  comptrdler,  for  the  same  period, 
two  additional  derxs.  at  a  compensation  not  ex- 
ceeding one  thousand  dollars  per  annum  each ; 
and  one  additional  clerk,  at  a  compensation  not 
exceeding  dght  hmdred  doUars» 


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FMic  Acl§  cf  Gmgrm. 


Bio.  9.  And  he  UfimUm  mia€Ud,ThMX  Ae 
eonpefiMtioB  tUowdf  by  thk  aerto  elarki.  sliaU 
iMNnmenee  from  tnd  tfttr  th«  tiiirt]r4lnt  dKT  of 
llareh  Use  And  it  shall  be  the  dutf  of  tbe  Soc* 
tecirks  for  the  DepartmeDtt  of  State,  Treararf , 
War,  and  Nary,  of  tbo  Commiisioaers  of  tba 
KaTT.aad  the  PostiMiter  General,  to  report  to 
CoBfren,  at  the  beginning  of  eaeh  year,  tiie 
mames  of  the  clerks  they  hare  em|doyed  respect^ 
ively  in  the  preceding  year,  together  with  the 
time  each  clerk  was  aetualir  emploYed  dvnng 
the  year,  and  the  snms  paid  to  each;  and  no 
higher  or  other  allowaoce  shall  be  made  to  any 
clerk  in  the  said  departments  and  offices  than  is 
anthorized  by  this  act:  And  all  acta  and  parts  of 
acts,  inconsistent  witli  tbe  prorkioasof  this  act, 
are  hereby  repealed. 

Approred,  April  20, 1818. 

A»  Aot  in  addition  to  the  «Aet  fn  the  ponishaent  of 

esetaincoaieBicftinst  tbe  United  8tst«i»"  end  to  re- 

peel  the  aota  therein  mentioned. 

Me  U  eMdfdL  4c,  That  if  aay  eiiiaen  of  the 
Umhed  States  shall^  within  the  territory  or  jarisp 
MeiAom  thereof,  aoeepft  and  exaroiae  a  coauaisskNi 
to  serre  a  foreign  prince,  state,  colony,  district, 
•e  people,  hi  war.  by  land  or  by  sea,  againec  any 
pmee,  state,  colony,  disdriet,  or  people,  with 
wlmm  the  United  Statee  are  at  peaoe,  tbe  person 
so  offending  shall  bedeeaMd  gailty  of  a  high  mis- 
demeanor, and  shall  be  fined  net  more  than  two 
thonsead  dollars^  and  siall  be  imprisoned  not  ex- 
eeeding  three  years. 

ttao«  3.  And  be  UJwiktr  maOed^  That  if  any 
person  shall,  within  the  territory  or  jarisdietion 
•f  the  United  Statee,  enHst  or  enter  himself,  or 
lliteor  retaim  another  person  to  enlist  or  enter 
faiaaeli;  or  to  go  beyond  the  Hmito  or  jatisdiction 
of  the  United  Sutes,  with  intent  lo  be  mdisted  or 
entered  In  the  aer? ice  Of  any /oreign  prince,  state, 
ooleny,  distiMi,or  peofie^  ae  ateoldiei^  or  as  a  ma- 
HMor  seaman,on  board  of  any  reesel  of  war, 
letter  of  maraoe,or  privateer,  enry  person,  so  o^ 
fending^  ^nll  be  deemed  gailty  of <a  hig)i  aMsde- 
toeanor,  and  dmll  befinled  not  eseeediBg  on*  thoo* 
aaad  doUnts,  and  be  ianrteooed  not  ezeeediaf 
thine  years:  Pmmded,  That  this  act  shiai  not  be 
oanamind  to  en  tend  to  nny  anftjeat  or  citiaen  of  any 
foreign  nrince,  stnis^  cetany.  district,  or  peopie, 
who  ehail  tmnsientiy  bo  within  the  United  ttattesi 
and  shall,  on  board  of  any  ressel  of  war,  keier  af 
flutrfne,  or  privateer,  wthich,  at  the  time  «f  its 
Cftifal  within  tha  United  States,  wae  itied  and 
eqaippad  ae  snah,  enlist  or  anier  htmmlf,  orhim 
m  fotain  nnotbef  <  subject  or  eitisen  of  tbe  saaM 
fcreign  prince,  sinta,  colony,  diatriet.  or-  peopte, 
who  IS  tmnsientiy  within  the  Unilecl  States,  tn 
enlist  or  enter  himeelf  to  eenra  snch  foreign  pmae, 
atnte,  eolonyi  district,  or  people,  on  board  sneh 
▼easel  of  war,  letter  of  mttqne^  or  priratear, 
if  the  Uaited  States  shaU  then  be  at  peace  with 
snch  foreign  prince,  state«colony,dietriet  or  people. 
Sao.  a  Aimd  he  UJutiher  smcML  That,  if  any 
neraen  shali,  within  the  limita  of  the  United 
Sutes,  fit  ont  and  ann,  or  attempt  to  fit  oat  and 


ara,or  ppocnre  to  he  fitted  ont  and  mrmed,or  shaU 
knowingly  be  caneemed  hi  the  faraishiii^  fitting 
ont  or  armings  of  any  ship  or  veseeL  wiih  intern 
thnt  snch  ship  or  vesaal  shall  he  easTdoyed  in  the 
service  of  aay  foreign  prince  or  sinte,  or  of  anv 
colony,  distrkt,  or  peopla.  with  whom  the  Uaited 
States  are  at  ptNioe,  or  shall  issoa  or  deliver  a  eem> 
mission  within  the  territory  or  jnriediclion  of  the 
United  States,  for  anv  ship  or  vessel,  tothenteal 
that  she  may  be  employod  as  aforesaid,  every  pe^ 
son  so  offiMding  shall  be  deemed  goiity  of  a  ingh 
miadameaaor,  and  shall  be  fined  not  move  than 
ten  thousand  dollnrs,  and  imprisooad  not  more 
than  three  years ;  and  every  ench  ship  or  venel, 
with  her  tackle,  apparel,  and  fonitnre,  together 
with  all  materials,  arms,  smmnnitioii  and  stores, 
which  mmj  have  been  procnrad  for  the  building 
and  equipment  thereof,  shall  be  forfeited;  one- 
half  to  the  use  df  the  infonner,  and  the  other 
half  to  the  nee  of  the  United  Stneea. 

Snci.  AndbeUJkrtheremaeted^  Thatifaav 
aitisen  or  citiiens  of  the  Um'ted  Scales  shall^ 
without  the  limite  thereof  fit  out  and  arm,  or  aa> 
tempt  to  fit  oiu  and  ann,  or  proene  to  he  fitted 
out  and  armed,  or  shall  knowingly  nid  or  be  ce»* 
oemed  in  the  Aimishing,  fitting  oat,  or  ttaing, 
nny  private  ship,  or  vessel  of  war,  or  privateer, 
with  intent  that  such  ship  or  veeeel  ehall  be  en^ 
ployed  to  cruise,  or  commit  hoetiiidm  upon  the 
citizens  of  the  United  States,  or  their  property,  or 
slwll  take  the  command  of,  or  enter  on  ooaro  of 
any  such  ship  or  vessel,  for  the  intent  aforesaid, 
or  shall  purennse  any  interest  in  nny  such  ^p  or 
vessel,  with  n  view  to  share  in  the  profiu  thereof; 
such  person  so  offending  ehall  be  deemed  goiJty 
of  a  high  miademeaaor,  and  fined  not  moiv  tlmn 
ten  thousand  dolters,  and  imprisoned  not  more 
than  ten  years ;  aad  tbe  trial  ibr  eueh  <^fence,  if 
committed  without  the  limits  of  theUnited  Staiiee. 
shall  be  in  tbe  district  in  which  the  oiinidershaM 
be  apprehended  or  first  brought. 

Sac 5.  AndbeUfia^^emaead,  Thatif  any 
person  shall,  within  the  territory  or  jorisdietion 
of  the  United  Statea,  increase  or  aiment.  c» 
ntaoure  to  be  incrcaeed  or  aOgnMnted,  or  ahaU 
knowingly  be  concerned  in  inercnaing  or  aug- 
menting, the  force  of  any  ship  of  war,  er«tser,er 
other  armed  veasel,  which  at  the  time  of  her  at- 
rival  wiihia  the  Uaited  StMos,  was  a  ship  of  war, 
or  offuiser.  or  armed  vesseLin  the  service  of  any 
fbiaign  prince  or  state,  or  or  anv  eolotty, district,  or 
people,  or  belonging  to  the  eubjeoie  or  citiiens  of 
any  each  prince  or  stale,  colony,  diatriet,  or  MO|ii, 
the  same  being  at  war  with  any  fbmgn  pfweaer 
state,  or  of  nary  ooieny,  district,  or  peopie,  with 
whom  the  Unitod  flhntes  are  at  pence^  bf  adding 
to  the  number  of  the  guns  of  snch  veeetl,orly 
changing  those  on  be«rd  of  her  for  gana  af  a 
larger  calibrcL  or  by  the  addition  tiwroto  of  aay 
equipment  solely  appUeable  to  war^  everr  persm 
so  ofiendiag  shall  be  deemed  gmhy  o{  %  high 
misdameaaor,  shall  be  fined  not  more  than  oat 
tlMusand  dollars,  and  be  imprisoned  not  msie 
than  one  year. 

Sncfi.  Aiic{bea./WrAereiiac«s(^  Tin^ifmir 
person  ehall,  within  the  territory  or  jnrMitiina 


Digitized  by 


Google 


%m 


APPBNSOX. 


£570 


PMic  Aet$  qf  Comgrm. 


oi  Um  Oiiite4  ScatM,  btgin  or  tel  on  foot,  or  pro- 
vide or  propare  the  meant  for,  any  miiiury  ezpe- 
akioa  or  eoterprife,  to  be  carried  oa  from  theace 
agaiast  the  territory  or  dominions  of  any  foraign 
prince  or  state,  or  of  any  colony,  district,  or  peo- 
ple, with  whom  the  United  Btatea  axe  at  peace, 
erecy  peiaon  so  ofiendiag  shall  be  deemed  gnilty 
of  a  high  misdemeanor,  and  shall  be  fined  not 
azceediof  three  thousand  dollars^  and  imprisoned 
not  more  than  three  years. 

Seg.  7.  And  bi  U  fiuiUr  enaeted,  That  the 
district  conrts  shall  take  cof^nizanoe  of  com- 
plaints, by  whomsoerer  instuuted,  in  cases  of 
captares  made  within  the  waters  of  the  United 
$tate8^  or  within  a  marine  league  of  the  coasto  or 
shores  thereof. 

Sbo.  8.  And  U  it  fitrtker  enacted,  That  ia 
every  case  in  which  a  ressel  shall  be  fitted  ont 
and  armed,  or  attempted  to  be  fitted  ont  and  arm- 
e4f  or  in  which  the  force  of  anr  Tcssel  of  war. 
croiser,  or  other  armed  ressel,  snail  be  increased 
pr  angmented,  or  in  which  any  military  ezpedi* 
lion  or  enterprise  shall  be  hefpat  or  set  on  foot, 
eontnry  to  the  proriaions  and  prohibitions  of  this 
act|  aad  in  erery  case  of  the  captore  of  a  ship 
or  TCssel  within  the  jurisdiction  or  protection  of 
the  United  States  as  before  defined,  and  in  cTcry 
oase  in  which  anv  proeem  issuing  out  of  any 
court  of  the  United  States  shall  be  disobeyed 


or 


fcsisted  by  any  person  or  penons  havi^  the  cos- 
tody  of  any  Tcssel  of  war^  craiser,  or  otCsr  armed 
Teasel  of  any  foreiga  prmca  or  slate,  or  of  aay 
colony,  distnct,  or  people,  or  of  any  subjecu  or 
Citizens  of  any  ibreign  pdnce  or  state,  or  of  any 
colony,  district,  or  people,  in  every  sach  case  it 
shall  be  lawful  for  the  Preaidenc  of  the  Uaitad 
States,  or  such  other  person  as  he  shall  hare  em<- 
powered  for  that  purpose^  to  employ  such  part  of 
the  land  or  narai  forces  of  the  Unued  States,  or 
of  the  militia  thereof;  lor  the  purpose  of  taking 
possassicm  of  aad  ieiainiiig  nny  such  ship  or  tc^ 
ael,  with-  her  prize  or  pnBeS|  if  any.  in  order  to 
the  execution  of  the  prohibitioos  and  penalties  of 
this  OfOt,  and  to  the  restofsng  the  priM  or  prins  in 
the  cases  in  which  restoratienshnU  hare  been  ad- 
Jn^fod,  aad  also  for  the  purpose  of  preTcntingthe 
IM^rrying  on  of  any  such  euedition  or  enterprise 
from  the  teivitories  or  Jurisdiction  of  the  United 
Stntes  afsinst  the  terrkorias  or  dominions  of  any 
foDoign  prince  or  stale,  or  of  any  eoloay,  district, 
^  people,  with,  whom  the  United  States  ars  at 


Sao.  9.  iMf  6e  it  ,/iotherenaofedL  That  it  shall 
be  lawful  for  the  President  ef  the  United  Stales, 
i»r  such  person  as  heshall  empower  for  that  pov- 
poee,  to  employ  such  part  of  the  land  or  natal 
forces  of  the  United  States,  or  of  the  militia  there- 
of, as  shall  be  necessary  to  compel  aay  foreign  sliip 
M  Ycssel  te  draartihe  United  Stales,  in  all  cases 
io.  which,  by  the  laws  of  nations  or  the  trenties  of 
the  United  States,  they  ought  not  to  remain  with- 
in the  United  States. 

8no.  la  And  he  it  fiaiher  euaeted.  That  the 
<>wners  or  conainees  of  erery  armed  ship  or  res- 
ael  sailing  out  of  the  poru  of  the  Unit^  States, 
belonging  wholly  or  m  port  lo  citiiens  thereof. 


shall  ente^into  bond  to  the  United  States,  with 
sufficient  sureties,  prior  to  clearing  out  the  same, 
in  douUe  the  amount  of  the  ralue  of  the  ressel 
and  cargo  on  board,  including  her  armament,  that 
the  said  ship  or  ressel  shall  not  be  employed  by 
such  owners  to  cruise  or  commit  hostilities  against 
the  su]]|jects,  citizens,  or  pronerly,  of  any  foreign 
prince  or  state,  or  of  any  colony,  distriot,  or  peo- 
ple, with  whom  the  Uaited  States  are  at  peace. 

Sao.  11.  And  b$  it  JuHher  enacted,  That  the 
collectors  of  the  customs  be,  and  they  are  hereby, 
respectirely,  authorized  and  required  to  detain 
anr  ressel  manifestly  built  for  warlike  purposes, 
and  about  to  depart  the  United  Slates,  of  which 
the  cargo  shall  pitncipally  consist  of  wcme  and 
munitions  of  war,  when  the  number  of  men  ship- 
ped on  board,  or  other  ciicumstances.  shall  render 
it  probaUe  that  such  ressel  is  intended  to  be  em- 
ployed by  the  owner  or  owners  to  cruise  or  coaa- 
mit  hostilities  upon  the  snl^ts,  citizens,  or  omp- 
erty,  of  any  foreign  prince  or  states  or  or  any 
colony,  district,  or  people,  with  whom  the  United 
States  are  at  peac^  until  the  decision  of  the  Px)W- 
ident  be  had  thereoa.  or  until  the  owner  or  own- 
ers shall  giro  snoh  bond  and  securitr  as  is  re- 
quffcd  of  the  owners  of  armed  ships  by  the  pro- 
ceding  section  of  this  act 

Sno.  12.  And  ieUJurther  enacted^  That  the 
act  passed  en  the  fifth  day  of  June,  one  thousnnd 
seren  hundred  aad  ninety-fonr,  entitled  ''An  act 
in  addition  to  the  act  for  the  ponishment  of  car* 
tain  crimes  agaiast  the  United  Stales,^  continued 
in  force,  for  n  limited  time,  by  the  act  of  the  sec- 
ond of  March,  oae  thouwad  seren  hundred  and 
ninety-eeren,  nnd  perpetuated  by  the  act  passed 
on  the  Iwenty4burth  of  April,  one  thousand  eight 
hundred,  and  the  act,  passed  on  the  fbarteendi 
day  of  June,  one  thousand  seren  hnndred  and 
ninety^ren,  entitled  ''An  actio  prarent  citisenf 
of  the  United  States  from  jviraieertng  against 
nations  in  amity  with,  or  against  the  citizens  ot 
the  United  Statasi'^and  the  act,  passed  the  third 
day  of  Mianht  eat  thousand  eight  hundred  and 
todtled  "An  net  mose  efieotoally  to 


nreserre  the  aeutrai  relations  of  the  United 
States,"  bc^  and  the  same  are  hereby,  sererally 
repeded:  Pnmided.  neaertiWaar,  That  penons 
hMring  heretofore  oflended  Mainst  any  of  the  nets 
aleresaid,  may  be  proeeeuted,  eonricted.  aad  pun- 
ished, as  if  the  san»  were  not  repented;  and  no 
forfeiture  heretofore  incnrred  by  a  rtolation  of 
any  of  the  acts  aforesaidshall  benieeied  by  ansh 
rapml 

Seo.  13.  And  he  it  Jurther  enacted^  That  noth- 
ing in  the  forogeiag  act  ehail  beconsirued  to  pre- 
rent  the  proeecntion  or  punishment  of  nreaseau 
or  aay  pincy  defined  by  the  kws  of  the  United 
States. 

Approred,  April  80, 1818. 

An  Act  to  continae  in  force  sn  set,  entitled  «An  act 

relstinf  to  settlers  on  lends  of  the  United  States." 

BeUenacted^  fc,  That  an  act,  entitled  "An 

act  relating  to  settlers  on  the  lands  of  the  United 

Sutes,"  passed  the  twenty-fifth  of  hiarch,  one 

Digitized  by  VjOOQIC 


sen 


APPMDIX. 


i672 


PMh  Aci$  rf  Omgrt$$. 


tbovtao^  eight  bondred  aol  tixteeD^,  rad  the 
Mine  U  hereby,  contlooed  in  force  for  one  year, 
from  and  after  the  third  day  of  March  last. 
Approred,  April  20, 18ia 


An  Act  in  addition  to  **An  Kti  to  prohibit  the  intro- 
duction [tniportatioa]  of  •!«▼••  into  any  port  orplaee 
irithin  t&o  jocifdietion  of  tfie  United  Statci,  ton 
and  after  the  first  day  of  JaAnaiy,  in  the  |f  ear  of  our 
Lord  one  thonnnd  aig ht  hnndied  and  Mght,"  and 
to  repeal  certain  parte  of  the  eaae. 

Be  U  enacM,  fc.,  That,  from  and  after  the 
passing  of  this  act,  it  shall  not  be  lan^ul  ta  im- 
port or  bring,  in  any  manner  wbateoerer,  into  the 
United  States,  or  Tenitories  thereof,  from  any 
foreign  kingdom,  place,  or  country,  any  negro, 
mulatto,  or  person  of  color,  with  intent  to  hold, 
aeU,  or  dispoee  of,  any  snch  negro,  mulatto,  or 
person  of  eolor,.as  a  slave,  or  to  m  held  to  serTiee 
or  labor;  and  any  ship,  Tessel,  or  other  water 
craft,  employed  in  any  importation  as  aforesaid, 
abaU  be  liable  to  seiiure,  prosecmtioo,  and  forfeit- 
we,  in  any  diatriet  in  which  it  may  be  found ;  one- 
half  thereof  to  the  use  of  the  United  States,  and 
the  other  half  to  the  use  of  him  or  them  who  shall 
prosecute  the  same  to  effect. 

Sna  2.  And  be  iifiaiher  enacted^  That  no 
diiien  or  eitixens  of  the  United  States,  or  any 
other  person  or  peraoniL  shall,  after  the  passing  of 
this  act,  as  aforesaid,  for  himself,  themselres,  or 
any  other  person  or  persons  whatsoerer,  either  aa 
master,  factor,  or  owner,  build,  fit,  equip,  load,  or 
othevwiaa  prepare  any  ship  or  vessel,  in  any  port 
or  pince  within  the  j*rindiction  of  the  United 
States,  nor  eauea  aar  such  ship  or  Tessel  to  sail 
from  nnj  port  or  place  whatsoerer,  within  the 
jurisdiction  of  the  same,  for  the  purpose  of  pro- 
curing anj  negro,  mulatto^  or  person  of  color, 
from  any  loreigo  kingdom,  place,  or  country,  to 
he  tranaported  to  any  port  or  place  whatsoerer, 
to  be  held,  sold,  or  otherwise  disposed  of,  aa  slaves, 
or  to  he  held  to  service  or  labor;  and  if  any  ship 
or  vessel  shall  be  so  built,  fitted  ^ont.  equipped, 
laden,  or  otherwise  prepared,  for  the  purpose 
afcceeaid.  every  such  ship  or  vessel,  her  tackle, 
npparel.  furniture,  and  lading,  shall  be  fcrfeited. 
one  moiety  to  the  use  of  the  United  States,  and 
the  other  to  the  use  of  the  person  or  persons  who 
ahall  sue  for  said  forfeiture,  and  prosecotd  the 
same  to  eflfeet  i  and  such  ship  or  vessel  shall  be 
liable  to  be  sejied,  prescouted,  and  condemned, 
in  any  court  of  the  United  States  having  compe- 
tent jurisdiction* 

Sac.  a  AndbeitJurtheremKUd^  That  every 
person  or  persons  so  building,  fitting  out,  equip- 
ping, loading,  or  otherwise  preparing,  or  sending 
away,  or  causing  any  of  the  acte  aforesaid  to  be 
done  with  intent  to  employ  such  ship  or  vessel  in 
such  trade  or  business,  after  the  passing  of  this 
act,  contrary  to  the  true  intent  and  meaning  there- 
of, or  who  shall,  in  anywise,  be  aiding  or  abetting 
tbereio,  shall,  severally,  on  conviction  thereof,  by 
4ue  course  of  law,  forfeit  and  pay  a  sum  not  ex- 
««eding  five  hundred  dollars,  nor  less  than  one 
tnousand  dollars,  one  moiety  to  the  use  of  the 


Uu'ted  States,  and  the  other  to  the  tise  of  the  per* 
son  or  persons  who  shall  sue  for  each  forfeiture 
and  proaeeute  the  same  to  effect,  and  shall  more* 
over  be  imprisoned  for  a  term  not  ezceedisf 
seven  years,  nor  less  than  three  years. 

Sac.  4.  And  be  it  further  enacted^  That  if  any 
citizen  or  citizens  of  the  United  States,  or  other 
person  or  persons  resident  within  the  juriadietiott 
of  the  same,  shall,  from  and  after  the  passing  of 
this  act,  take  on  board^  receive,  or  transport,  from 
any  of  the  coasts  or  kingdoms  of  Africa,  or  firom 
any  other  foreign  kingdom,  place,  or  country,  ov 
from  nea,  any  negro,  mulatto,  or  person  of  color, 
not  being  an  inhabiunt,  nor  held  to  service  by 
the  laws  of  either  of  the  States  or  Territories  <tf 
the  United  States,  in  any  ship,  vessel,  bmit,  or 
other  water  craft,  for  the  purpose  of  holding,  sell- 
ing, or  otherwise  disposing  of  such  person  as  a 
slave,  or  to  be  held  to  service  or  labor,  or  be  aid- 
ing or  abetting  therein,  every  such  person  or  per- 
sons so  offending  shall,  on  conviction  by  due 
course  of  law,  severally  fbrfeit  and  pay  a  sura  ooC 
ezceeding  five  thousand,  nor  less  than  one  thous- 
and dollars,  one  moiety  to  the  use  of  the  Unitei 
States,  and  the  other  to  the  use  of  the  person  or 
persons  who  shall  sue  for  such  forfeiture,  ani 
prosecute  the  same  to  effect;  and,  moreover^ 
shall  suffer  imprisonment  for  a  term  not  ezceed- 
ing seven  years,  nor  less  than  three  years ;  and 
every  ship  or  vessel,  boat,  or  other  water  craf^ 
on  which  such  nesro,  mulatto,  or  person  of  color, 
shall  have  been  uzen  on  board,  received,  or  trans* 
ported,  as  aforesaid,  her  tackle,  apparel,  and  fur- 
niture, and  the  goods  and  effecu  which  shall  be 
found  OB  board  Uie  same,  or  shall  have  been  im*^ 
ported  therein  in  the  same  voyage^  shall  be  for- 
feited, one  moiety  to  the  use  of  the  Untied  States^ 
and  the  other  to  the  use  of  the  person  or  persona 
who  shall  sue  for  and  piosecnte  the  same  to  ef- 
fect ;  and  every  such  ship  or  vessel  shall  be  liable 
to  be  seized,  prosecuted,  and  condemned,  in  any 
court  of  the  United  States  having  competent  jv- 
rtsdiction. 

Sao.  5.  And  be  it  Junker  enaeUd^  Thatno^ 
ther  the  importer  or  importers,  nor  any  person  or 
persons  claiming  from  or  under  him  or  them,  ahali 
hold  any  right,  interest,  or  title  whatsoever,  in 
or  to  any  negro,  mulatto,  or  person  of  colori 
nor  to  the  service  or  Idior  thereof,  who  may 
be  imported  or  brought  into  the  United  Scatee, 
or  the  Territories  thereof,  in  violation  of  the 
provisions  of  this  act,  but  the  same  shall  remmn 
subject  to  any  regulations  not  contravening  said 
provisions,  which  the  legislatures  of  the  sev- 
eral Sutes  or  Territories  may  at  any  time  hera- 
tefore  have  made,  or  hereafter  may  make,  for  die* 
posing  of  any  such  negro,  mulatto^  or  person  of 
color. 

Ssc  6.  And  be  itJwiJur  enacted^  That  if  any 
person  or  persons  whatsoever  shall,  f^m  and  ar- 
ler  the  passing  of  this  act,  bring  within  the  juris- 
diction of  the  United  States,  in  any  manner  what- 
soever, anv  negro,  mulatto,  or  person  of  coiori 
from  any  foreign  kingdom,  place,  or  country,  or 
from  sea,  or  shall  hold,  sell,  or  otlierwise  diipoie 
of,  nny  such  negro,  mulatto,  or  person  of  eokr,  so- 


Digitized  by 


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M7a 


PMie  Actt  (^  Congnm, 


2574 


brought  10,  as  a  tlaTC,  or  to  bt  ktld  to  vrrioe  or 
labor,  or  be  ia  aof  wise  aidiog  or  abetting  tberein, 
erery  person  so  offending  shall,  on  eonrietion 
thereofby  dne  coarse  of  law,  forfeit  and  pay,  for 
erery  snch  ofiienee,  a  som  not  exeeediag  ten  thou- 
sand, nor  less  than  one  thousand  dollars,  one  moi« 
ety  to  the  use  of  the  United  States,  and  the  other 
to  the  use  of  the  person  or  persons  who  shall  sue 
for  saeh  forfeiture,  and  prosecute  the  same  to  ef- 
fect; and,  moreoTer,  shall  suffer  imprisonment, 
for  a  terra  not  exceeding  seven  years,  nor  less 
than  three  years. 

Sao.  7.  And  be  it  Juriker  inacUd,  That  if 
any  person  or  persons  whatsoerer  shall  hold,  pur- 
chase,  sell,  or  otherwise  dispose  of,  any  negro, 
mulatto,  or  person  of  color,  for  a  sfaiTe,  or  to  be 
held  to  serrice  or  labor,  who  shall  have  been  im- 
ported or  brought,  in  any  way,  from  any  forei^^n 
kingdom,  place,  or  country,  or  from  the  domin- 
ions of  any  foreign  State  immediately  adjoining 
to  the  United  Slates,  into  any  port  or  place  within 
the  jurisdiction  of  the  United  States,  from  and 
after  the  passing  of  this  act,  erery  person  so  of- 
fending, and  erery  person  aiding  or  abetting 
therein,  shall  se? erally  forfeit  and  pay,  for  erery 
megro,  mulatto,  or  person  of  color,  so  held,  pur- 
chased, sold,  or  disposed  of,  one  thousand  dollars, 
one  moiety  to  the  use  of  the  United  States,  and 
the  other  to  the  use  of  the  person  or  persons  who 
may  sue  for  such  forfeiture,  and.  prosecute  the 
same  to  effect,  and  to  stand  committed  until  the 
said  forfeiture  be  paid :  Provided^  That  the  afore- 
said forfeiture  shall  not  extend  to  the  seller  or 
purchaser  of  any  n^ro,  mulatto^  or  person  of 
color»  who  may  be  soM  or  disposed  of  in  rirtue 
of  any  repilations  which  hare  been  heretofore, 
or  shall  hereafter  be,  lawfully  made  by  any  Le- 
gialatjare  of  anr  State  or  Territory  in  pursusnce 
of  th  is  act  and  the  Constitution  of  the  United 
Statea. 

Sbc.  8.  Afid  he  it  Juriker  emeUdj  That  in 
all  prosecutions  under  this  act,  the  defendant  or 
d«Gtiidants  shall  be  holden  to  prore  that  the  ne- 
gro, mulatto,  or  person  of  color,  which  he  or  they 
shall  be  charged  with  baring  brought  into  the 
United  States,  or  with  purchasing,  holding,  soli- 
iBg^  or  otherwise  disposing  o^  and  which,  ac- 
oording  to  the  erideace  in  such  ease,  the  said 
deiendaat  or  defendaau  shall  hare  brought  in 
aforemid,  or  otherwise  disposed  of,  was  brought 
into  the  United  States  at  least  fire  years  prerious 
to  the  commencement  of  such  prosecution,  or 
was  not  brought  in,  hoklen,  purchased,  or  other- 
wise disposed  of,  contrary  to  the  prorisions  of  this 
net;  and  in  ieilure  thereof,  the  said  defendant  or 
defendsnto  shall  be  adjudged  guilty  of  the  offence 
of  which  he  or  ther  osay  stand  accused. 

Sbo.  9.  And  be  %t  farther  enacUd,  That  any 
prosecution,  information,  or  action,  may  be  sus- 
tained, for  any  offence  under  this  act,  at  any  tfroe 
within  fire  years  after  such  offinoe  shall  hare 
been  committed,  any  law  to  the  contrary  not^ 
withstandiuff. 

Bao.  10.  And  beii/uriher  ena€Ud,  That  the 
first  six  sections  of  the  act  to  which  this  is  in 
addition,  shall  be,  aad  the  same  are  heitby,  re- 


pealed: Provided^  That  all  offences  committed 
under  the  said  sections  of  the  act  aforesaid,  before 
the  passing  of  this  act,  shall  be  prosecuted  and 
punished,  and  any  forfeitures  which  hare  been 
incurred  under  the  same  shall  be  recorered  and 
distributed,  as  if  this  act  had  not  been  passed^ 
Approred,  April  20, 1818. 

An  Act  to  establish  and  alter  certain  Post  Roads* 

Be  U  enacted,  ^c^  That  the  post  roads  here« 
after  named  be  discontinued. 

In  New  Hampehire^Ftom  Concord,  by  LoO'' 
don»  Qilmanton,  Middleton,  Lewis,  Eaton,  Con- 
way, and  Fryeburg.  j; 

ni  AfoasacAueette— From  Kingston  to  Halifax. 

From  Northampton,  by  Hadley,  to  Montague; 

In  Gtmnecfieta— From  Hartford,  by  Spring- 
field, to  Northampton,  Massachusetts. 

H  Ftrgtma— From  Clarksburg,  by  Lewis 
Courthouse,  to  Point  Pleasant. 

From  Clarhsbun;,  by  Buchanan,  to  Bererly.  , 

In  Kentucky^Ptom  Glasgow  to  Lebanon^ 
Tennessee. 

In  Cfeorgia^Ftom  Madison  to  Monticello. 

From  Montgomery  Courthouse,  by  Bkckmore's 
and  Hardin's,  to  Riceborouffh. 

In  Pemisy/Kinia— From  Alontrose,  by  Orwell 
and  Warren,  to  Athens. 

From  Middietown  to  York  Haren. 

In  Alabama^Ftom  Fort  Stoddert  to  Ford's, 
on  Pearl  rirer. 

In  MeeeuH^From  St.  Louis  to  St  Charles. 

In  New  Yor/p— From  Bsperaiiza,by  Schoharie 
Courthouse,  to  Middleburg. 

From  Albany,  by  Spencertown,  to  Sheffield^ 
Massachusetts. 

Siad.  Andbe  it  Jurther enacted,  That  the fol^ 
lowing  be  established  post  roads : 

In  Afoifie— From  Augusta,  by  Belgrade  and 
Dearborn,  to  Mercer. 

From  Canaan,  by  Cornrille,  Athens,  Harmo-, 
ny.  Ripley,  Dexter,  Qarland,  and  Corinth,  to 
Bangor. 

From  North  Yarmouth,  by  Pownal,  Durham, 
Lisbon,  and  Litchfield,  to  Gardiner. 

From  Alfred,  by  Sanford  and  Lebanon,  to 
Sbaplaigb. 

From  Warren,  by  Thomaston,  to  Camden. 

From  Belfast,  by  Brooks  and  Jackson,  to  Dix- 
mont.  " 

From  Norridgewalk,  by  Stark's  and  Mercer, to> 
New  Sharon. 

From  Bath  to  Phippsburg.  i 

From  Anson,  in  Somerset  county,  by  New 
Portland,  Freeman,  Phillipe,  Aron,  and  Strong, 
to  FarmingtoQ. 

In  New  Hdmpehire^Ftom  Walpole,  by  Air 
stead,  to  Ackworth. 

From  Washington,  by  Newport,  to  Claremoat. 

From  Concord,  by  Caaterbury,  Northfield,  Me- 
redith, Moultonborougb.  Sandwich,  Tamworthw 
oa  the  North  road,  by  Gilman's  Mills,  Baton,  and 
Conway,  to  Fryeburgh. 

From  Amherst,  by  Gofitown,  West  Meeting 
House,  Dunbarton,   Hopkintott|   Concord,  Isle 

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Hookaet,  Piseftttqwr  BrMge,  m4  B«dft>»4,  to 

From  ritxwillttai,  by  Rindfe  and  Ath^r,  lo 
Townsend.  ^,  ^ 

Prom  Keene,  by  SwanMft,  to  Riohn^iid. 

From  DBBstable.  by  Merrimaek,  to  Pisefttm* 
aoay  Bridge,  in  BedfoH.  ,    ^    ^  . 

hi  FermoffU— From  Bnrhiigtoii,  by  Crafubury 
aid  Irasborgb,  to  BrowoiDgtoQ. 

From  Norwich,  by  BttAird.  Cfaebet,  Wtoh- 
ittftoo,  OmDft,  attd  Barre.  to  Moai|MU«r. 

From  Chester,  by  BprmflMd  and  dMsfaica 
Bridge,  to  ObarieftoB,  New  Hampflliire. 

From  Bellowi  Fallt,  by  OraftoD,  Wiadfaam, 
and  Londonderry,  to  Pern. 

From  Guildhall,  by  liaidMoae,  IMmtwiek, 
If  incdiead.  ami  Lemiagton,  to  Oaaaaa. 

From  Ifontpdier,  br  Waterbary,  Waltfield, 
and  Warren,  to  Haneock* 

From  Brattleboro',  by  Newfane,  to  Townstad. 

H  MtmachmetUh^Vtom  Bast  Bridgewmttr, 
by  Haliliiz,  Plympton,  and  Kiagiton*  to  Ply- 


From  Boston,  by  Maiden  and  South  Reading, 

^mHarerhill,  by  Methaea,  to  Windham, 
New  Hampshire. 

From  SoQth  Hadley,  by  Amherst,  West  Pa- 
rish, to  Sunderland. 

From  Springfield,  by  West  Springfield  and 
8<Mithampton.  to  Northampton. 

From  Northfield  to  Warwick. 

M  CbfMMclitfiK— From  Hartford,  by  Bast  Hart- 
ted,  Bast  Windsor,  Bofield,  Long  Meadow, 
Springfield,  Sooth  Hadley,  Hadley,  Sunderland, 
ifontuve,  Northield,  Chtsc^rfield,  N^w  Hamp- 
.ahire,  Westmoreland.  Walpole,  Oharlestown, 
Olaremont,  Coraitsb,  Plaiifietd,  aid  LebAnon,  to 
HanoTer. 

Hi  Nam  Yarh^Wt^m  Hamilton,  br  Lebaaon 
and  Georgetown,  to  Cooler's  Inn,  in  Otseliok,  in 
the  oMatr  of  Ghenaago. 

From  Himilton,  by  Hartsfaoln's  TaTera,  in 
Lebanon,  to  Sherborne. 

From  Utiea,  by  Ciiikton,  Chadttter's  Store, 
Aogusta«and  Madison,  to  Haaultoa ittlage. 

From  Hampton  to  Utiea. 

From  Vernon  to  Sconandoa. 

From  Bloomfield,  b]r  Ptttsford,  to  Charlotte. 

From  Great  Bairmgtan,  Massaehosett^by 
West  Stockbridge,  Canaan,  Chatham,  and  llaa* 
saa,  to  Albany. 

From  Genera,  by  Seneca,  Phelpa^  Farmiag- 
ton.  Palmyra,  and  Perrinton,  to  Ptttsford. 

From  BistaTia  to  Bermi. 

From  Bataria  to  Attlea. 

From  Bssex  Courthouse,  by  Bosworth's  Tar- 
eta,  to  Chesurfield. 

From  Denmark,  by  Leraysville,  to  Wilna. 

From  Naples,  by  Gotham,  to  Canandaigoa. 

From  Troy  to  Schenectady,  cm.  thetnmpike 
read. 

From  Rhinebeck,  by  North  Bast  and  Amenia, 
to  Sharon. 

From  West  North  Bast  to  Attleboroagh. 

FroBi  LisU  to  Caiottne. 


From  Biaghamtoa,  fay  Lisla,  to  Haoaar. 

From  Leaos,  by  GlodkriU^Feterboreogti,  Mor- 
ris' Flats,  and  Baton,  to  Log  City. 

From  AlhmiT,  b?  Bethlehaoii,  ReoaeUaeryilla, 
Bleaheim,  to  huuryiand  or  Sosqnahaaimk  Bridge, 
en  Ihf  toroplke  road. 

From  Calskill,  by  GrevnTilla,  Broome,  Middb- 
bim,  Cobleskill,  and  Shatoa,  to  Cherry  Valley. 

From  Jeiicho  to  Masqoeto  Co?a,  in  Oysmr 
Bar. 

From  Leicester,  by  Perry,  Bast  Nanda  and 
West  Nonda,  to  Oleon  or  Hamilton  Yillaga. 

Jb  J^finr  Jifraay-^From  Freehold,  by  Sqaanavm, 


asaaan,  Tom's  rirar,  Cedar  creak,  and  Ma^ 
nahawkin,  to  Tnekerlen. 

hi  PmM^fffwmMf^Vnm  Philadelphia  to  West 
Chester. 

From  doakertown,  by  Spriogtowo,  to  Dur* 
ham. 

From  Harrisborg,  by  Cumberland,  to  York 
Hatea. 

From  York,  by  MKkll's  Ferry,  to  Mcmt 
Pleasant. 

From  Carlisle  to  NewriUe. 

From  Colombia  to  Marietm. 

From  Tonekhanaeck,  by  Spriagfteld,  Faar 
Comets,  to  Montrose. 

From  Montrose  to  Binghamston. 

From  Athens,  bj  the  turnpike  road,  to  Itlnea. 

From  York,  by  Lower  Chanceford,  to  Bettw. 

From  Lttitz  to  Bmaus. 

From  Somerset,  by  Jones'  Mills,  Moaat  Pleaa- 
ant.  and  Stewart^,  to  Pittsburg. 

From  Pitisbuiff,by  Bliaabethtown,  Fraepavt, 
Parryopolis,  and  Middletowa.  to  Uaionsawa. 

From  Bearertown,  by  Brichioa,  to  Oaentarg. 

From  Beaveriown  to  Botbr. 

From  Butler,  by  Lawrtooeborg,  to  Kicianuig. 

From  MeadriUe  to  Kinsmaa^Ohia. 

From  Mount  Pleasant,  in  Wayne  county,  so 
Sebohocktiag  poot  ottee,  New  Yoik. 

Ai  the  DiitrUt  qf  Oofomdu^Fram  Geaiga- 
town,  by  Captaia  John's  Mill,  Seneca  Mills^  and 
Bamestown,  to  New  Market. 

Ai  Virgimtk^Fram  Norfolk,  by  the  Falls  a£ 
Roanoak&Warrentoii^Nortk  CanaUnaJVilliama* 
borough,  Oxford,  Darnel's  Store,  Bad  Hooaa^  aad 


Milton,  to  DaufiUe,  Virgtnia;  from  thenea,  by 
Jamestown,  North  Carolina,  GMnanmwSyfianCa* 
viUe,  WiUmBboroagh,and  AahaCo«rtkaoae,Bltta^ 
bethtDvn,  to  Jonenoroagh,  Tannassae. 

From  Danrille  to  the  Lead  Mtnas. 

nam  South  Qimy,  by  Isle  of  White  Comt- 
hoase,  to  Smtthfield. 

From  Ritiunond,  by  the  United  States'  Aiaa- 
nal  and  Jefierson,  to  CactersTille. 

From  Richmond,  akmg  the  turspika,  aad  Three 
Notched  Roid,  to  Milton. 

From  Fanqater  Goarthousa,  by  Thomton'sGap, 
to  New  Market. 

From  Blacksbuig,  in  Mootgomary  eoonty,  by 
Christiaasburff,  to  Praakiin  Courthouse. 

From  New  London,  by  Clayton's  Btore,  fiteaua- 
ton  Rirer,  Anthony's  Ford,  Newbili's,  and  Jefci 
Simitk's,  to  Pitisylfaaia  Conrthooscb 

From  Lilly  Point  to  Haleyonnile. 


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A^FJOIDIOL 


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Aiftte  il<^  ^  Omgtmk. 


From  Abin^fton  to  RUsseU  Covrtietwe. 

From  Clarubarg,  by  Preston,  BHlltowtt,  Salt 
Works,  and  Lewis  Courthouse,  to  Gbarietton. 

From  Tyler  CourtbMrtie  to  BistorsTiUe. 

From  Preston,  by  Bnekbanon'^,  to  Booth's 
Ferry. 

From  Morgantown,.by  Crab  Orchard,  to  King' 
wood* 

From  Kingwood,  by  the  Bwamps,  HaMe&^s 
Core,  Glady  Creek.  Hunter's  Fork,  and  Leading 
Creek,  to  Bererly;.  ' 

From  Clarksbnrg.by  Booth's  Perry,  and  Lead- 
ing Creek,  to  Beverly. 

From  Middlebnrg,  by  Rectortown,  Oak  Hill, 
along  Manassah  road,  by  Front  Royal,  to  8to- 
Terstown. 

From  Wheeling,  by  Alexandria,  to  Washing- 
Ion,  Pennsylrania. 

In  North  CaroHna^Vrom  Salem  to  Mount 
Pizgah. 

From  Raleigh,  by  Delk's  and  Alston's,  to  Hills- 
borough. 

From  Mason  Hall,  by  Cannon's  Mills  and  the 
Shallow  Ford,  on  Haw  River,  to  Qreensborough. 

From  Snow  Hill,  by  Hookerstown,  to  Kinston. 

From  Cnrritock  Coarthonse,  to  Knot's  Island. 

From  Cnrritock  Courthouse  to  Powell's  Point. 

From  Lewisburg.  by  William'^  Store,  Ran- 
som's Bridge,  and  Moon's  Store,  to  Enfield. 

From  Duplin  Courthouse  to  Newbem. 

In  Somih  Coro/via^From  Yor|^  Courthousei 
by  Harmony,  Georye  Caroth'i^  and  Rutherford* 
ton«  to  Asheville,  North  Carolina. 
From  Cambridge  to  Hickory  Gbrore. 
From  AndersonviJle,  by  Beaver  Dam,  to  Hous* 
tonville. 
From  Pendleton  Courthouse  to  Socony. 
In  Oe^rgut^Vrom  Milladgeville,  by  Eatoniosi 
ted  Garner's  Ferrjr.  to  Greeisboro«gh» 
From  MiUed^eviUt  to  MonticeUo. 
FfMB  MoBtffOfliery  Coortkovae,  by  Tatoall 
Oanrthoote,  to  i)atien. 

In  Ohh^Ftom  Marietta,  by  Brown's  MiUt 
and  Oltver^s  Settlemant  to  Laneaster. 

From  Lanoastar,  by  lloyakown,  CireieTille,4f 
Wasiungton. 
From  Martttta,  by  Bellepre,  Wilkefville»  Jaokr 
^        aoB  Conrthaoae.  aadf  Piketown,  to  West  Unioa- 
From.  New  Sakm,  by  Bnmley,  New  Ha^mr 
town,  Laeabnigh,  New  Philadelphia,  and  Paint- 
rille,  to  Wooalac. 
From  Coiambm,  by  Momit  Vemon,  Loundcft* 
[        Tilie,  Wooa^r,  and  Harrisville,  to  Granger. 

From  Ddawaffe,  by  Oicford,  Fief ida,  and  Les- 
I        inffton,  to  Mansfield. 

Fram  HamiUon,  by  laaksonbomugh,  to  Mew 
\       IjeKingtoB. 

From  CoaohoctoA  to  Newark. 
^  Fram  Troy  to  Dark  Coarthause. 

Fnom  Gtanviile,  by  Joknsiawa,  Suaabttrf,  and 
f       Barfcshire^to  Worthington* 
;  From  Warren,  by  Parkman,  Burtan,  aad  Char* 

^       dan  to  PaiaasviUe. 

f  From  Warren,  by  Ne wtoAi  to  Cantao,  ia  Starka 

conniy. 


From  YaQDgttown  to  Newballbtd,  Panftsyl- 
vania. 

From  Ravena  to  BnrtOB. 

From  Stow,  by  Medina  Courthouse,  to  Hnrod 
Courthouse. 

From  Brookfleld  to  Meraer,  PenBeylrante. 

From  Marietta,  by  Toulman's  anu  Lezington: 
to  Woodfield. 

From  West  Union,  by  the  month  of  Bmili 
Creek  and  Sandy  Spring,  to  Vancaburgh,  in  lita 
State  of  Kentveky. 

In  Indiana^Ftom  HaM>rd  to  Rising  Sun. 

From  Lawrenceburg,  by  the  Rising  Sun,  to 
Vevay. 

From  Corydqn,  by  Elizabeth  and  Lieonia,  to 
Blizabethtown,  Kentucky. 

From  Port  Harrison^  through  Monroe  coont^ 
and  Lawrence  county,  to  Brownstown. 

From  Peola,  by  Orleans,  to  Lawrence  Court-- 
house. 

From  Salem,  by  Bono,  to  Bionroe  Conrthonaa. 

From  Madison,  by  Graham's,  to  Brownstowil. 

From  Vevay,  bv  tCdenborongh,  Ripley  Court- 
house, to  Brookville. 

From  Centerville  to  Jacksonborough. 

Prom  Lezington,  bv  Provine's,  New  Washibg- 
lon,  Bethlehem,  and  New  London,  to  Lezingtoit 

From  Ripley  Courthouse,  by  Vernon,  toBrowns^ 
town. 

From  Jefiersonville  to  New  Albany. 

In  Missouri  Dsrritory^Ftom  St.  Genevieve 
to  St.  Michael. 

From  Jackson  to  Betto's  Ferry. 

From  St.  Genevieve,  by  Potosi,  to  Franklin, 
Howard  eounty. 

Prom  Ftanktirf,  Howard  county,  to  ChArhon. 

From  St.  Laoia,  by  Flortiant,  to  St.  Charlas. 

In  Eamiukf^Fnm  HopkinaviUe,  by  Wil^ 
liams's  and  Boyd'k  Landing,  to  Long  Creak, 
Caldwell  aountv. 

From  Colttmbia  to  Haola  Patch. 

From  DftDvillf^  by  Laaaaster,  to  Somerset. 

From  Bow4iag  Green  to  Sparta. 

From  Lewisvnte,  by  WoodsonviUe,  Glasgow, 
BMksviile,  and  Saveoty  Six,  to  Montieello. 

From  Lewisville  to  Hardensburgh. 

From  Elizabethtown  to  Bowling  Gkeen. 

From  Newburgh,  by  Swingsville,  to  Clarkas- 
viUai 

From  Port  Royal,  by  AwiagsfiUe,  to  Hcfkins- 
ville. 

Fron^  Glasgow,  by  Tomnkins  viU^o  Burksville. 

From  Barbourvilie,  by  Whitley  Courthouse,  {o 
Somerset. 

From  Plemiuffsburg,  by  the  mouth  of  Fleming 
and  Carlisle,  to  Millersburgh. 

From  Paris,  by  North  Middleton,  to  O  weasvHle. 

In  Tbititasaca  From  MarfraesbiMroogh.  by  Le« 
banon  and  Gallatin,  to  Giasffow,  Kaatuoky. 

From  Lebanon,  by  Trowsdale^s  Ferry,  to  Mamt 
Richardson. 

From  Lebanon,  by  Marysville,  in  Wilaonconn- 
ty,  to  Liberty. 

From  Graanviile,  by  Newport,  Dandridga,  and 
HiU'i,  to  Knoxville. 

Digitized  by  VjOOQIC 


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From  WkM^HOT,  by  BfftiiMi  Caartli(MHe, 
Pikeriile. 

From  RogersfiUe,  hj  MeCtm't  Slort,  ind 
BUek  WMor  StaUt  Wot kt,  to  Lee  Courthouse, 
•  yirffioia. 

FroM  BlovAlrille  to  Pipertville^  oo  StiiUDg 
GroA 

hi  MiM$imippin-Vtom  Natchez,  by  Swtiiy'e 
fernr,  WoodriUe,  and  PiokDeyrilk,  to  St.  Frtn- 
tioTule,  io  the  Stale  of  LoaisiaDa. 

In  Alabawuir^From  Fort  Claibora^  by  FoH 
M oDtfomery,  to  Blakely. 

From  HoDttf  ille,  by  Miltoa't  Blu£^  Falls  of 
Black  Warrior,  and  Freach  Settlement  on  Black 
Warrior^  St.  Stephens. 

From  Huotsrille  to  Cotton  Port,  in  Limestone 
eoaaty,  by  Pakski.  to  Colambia,  in  Tennessee. 

From  Fort  Mitchell,  by  Fort  Bainbridce.  Fort 
Jacksooi  Burnt  Corn  Springs,  Fort  Claiborne, 
and  the  town  of  Jackson,  to  St.  Stephens. 

From  Fort  Jackson,  by  Cahaba  YaUey,  to  the 
Falls  of  Black  Warrior. 

From  St.  Stephens,  by  Winchester,  to  Ford, 
on  Pearl  Rirer,  m  Mississippi. 

From  MobUe  t6  Blakely. 

In  iWrtoiff-^From  Bellfille,  by  William  Pad- 
field's  and  the  Seat  of  Justice  of  Bond  county,  to 
Palmyra,  in  the  Illinois  Territory. 

From  EdwardsTiUe  to  the  Seat  of  Justice  of 
Bond  county. 

From  Kaskaskia,  by  Wideman's,  on  Easkaskia 
river,  to  Bellrille,  St.  Clair  county, 

Approred,  April  20, 1818. 

An  Act  to  inaease  the  salwies  of  the  Jodfaa  of  the 
Cirsait  Court  lor  the  Dvliict  of  Columbia. 

B$  it  enaaUd^  ^  That  in  addition  to  the 
oompeasatioa  heretofbre  allowed  by  law  to  the 
iudf  es  of  the  circuit  court  for  the  District  of  Co- 
lumbia,  the  sum  of  fire  hundred  dollars  per  an- 
num be  paid  to  thechief  Justice  of  the  said  court, 
and  the  same  sum  per  annum  to  each  of  the  assist- 
ant judges  of  said  court,  payable  ijaarter  yearly^ 
the  first  quarterly  payment  to  be  made  on  the  first 
day  of  April,  one  thousand  eight  hundred  and 
eighteen. 

ApproTed,  April  20, 181& 

An  Act  making  appropriations  for  the  public  buildings, 

and  for  fiiraishing  the  Capitol  and  Premdenf  s  hoase. 

Btjt  enacted^  f  c,  That  there  be  approprmted, 
for  the  completion  of  tbe  wings  of  the  Capitol, 
in  addition  to  the  sum  of  two  hundred  thousand 
dollars  already  appropriated,  the  further  sum  of 
eighty  thousand  dollars. 

For  procuring  materials,  laying  the  foundation, 
and  other  preparations,  for  the  centre  building  or 
the  Capkd,  one  hundred  thousand  dollars. 

Forfinishfn|  the  President's  house,  fifteen  thou- 
sand two  hundred  and  fourteen  dollars. 

For  offices  to  the  President's  house,  seren  thou- 
sand dollars. 

For  the  wall  north  of  the  President's  house, 
with  gates  and  iron  railing  the  width  of  the  house, 
tHree  thousand  five  hundred  and  eighteen  doUan. 


For  contiifancies,  ib«r  hundfod  sad  ihiitf- 
sevwi  dollara. 

For  graduating  and  impforiag  iha  Prasident'k 
square,  ten  thousand  dollars. 

For  erecting  a  temporary  building  fof  coomui- 
tee  rooms  near  the  Capitol,  three  thousand  six 
hundred  and  thirtv*four  doUafa. 

For  furnishing  the  Representative  chamber  and 
committee  rooms,  tbirtr  thousand  doliara. 

For  famishing  the  Senate  chamber  and  com* 
mittee  rooms,  twenty  thousand  dollars. 

For  furnisning  the  Preatdent's  house,  twenty 
thousand  dollars. 

For  making  good  a  deficieaay  in  the  appropria- 
tion of  the  past  year  fw  furnishing  the  President's 
house,  ten  thousand  dollars. 

Which  said  several  sums  of  money,  hereby  ap- 
propriated, shall  be  paid  out  of  any  money  in  the 
Treaaory  not  otherwise  nppropriattd. 

Seo.  2.  And  be  it  Jurther  enacted,  That  the 
sum  hereby  appropriated  for  fornishiiuf  the  Rep- 
resentative chamber,  shall  be  ezpendeduader  the 
direcUon  of  the  Speaker  of  the  House  of  Repre- 
sentatives ;  that  for  the  Senate,  under  the  dureo- 
tion  of  the  Vice  President  of  the  United  Sutea: 
and  the  remaining  sums  under  the  direction  of 
the  President  of  the  United  States. 

Approved,  April  20, 1818. 


An  Act  to  increase  the  duties  on  certain  manu&ctarad 
articles  imported  into  tiie  United  States. 

Be  it  enacted  ^c,  That,  from  and  after  the 
thirtieth  day  of  June,  one  thousand  eight  hundred 
and  eighteen,  the  duties  now  in  force  upon  the 
articles  hereinafter  enumerated  and  described,  at 
their  importation  into  the  United  Slates,  sbaO 
cease ;  and  that,  in  lien  thereof,  there  shall  be 
thenceforth  laid,  levied,  and  colieeled,  upon  ^fhe 
said  articles,  at  their  importation,  the  several  and 
respective  rates  or  duties  following,  that  is  to  say : 
on  articles  manu&ctured  from  coppiN*,  or  of  which 
copper  is  the  material  of  chief  value,  twenty-five 
per  centum  ad  valorem ;  on  eiiver-plated  saddltryi 
coach  and  harness  furniture,  twenty-five  per  cen- 
tum ad  valorem ;  on  cut  glass,  thirty  per  centum 
ad  valorem ;  on  tacks,  brads,  and  apnga.  noc  e» 
oeeding  sixteen  ounces  to  the  thousand,  nve  cents 
on  every  thousand  thereof;  and  on  tncfcs,  brads, 
and  sprigs,  exceeding  sixteen  ounces  to  the  tlieu- 
sand,  the  same  duty  aa  on  nails;  brown  Russia 
sheetings,  not  exceedina  fifty-two  nrchines  in 
each  piece,  one  dollar  and  sixty  cents  per  piece ; 
white  Russia  sheetings,  not  exceeding  filly-two 
arehines  in  each  piece^  two  doUavs  and  fifty  eeats 
per  piece. 

Sao.  2.  And  be  it  ftaiher  enacted^  That  an  ad- 
dition of  ten  per  centum  shall  be  made  to  ^ 
several  rates  or  duties  above  specified  and  imposed, 
in  respect  to  all  such  goods,  waree,and  mmhai- 
dise,  which,  after  tbe  said  thirtieth  day  of  Juaa 
one  thousand  eight  hundred  and  eighteaa.  shall 
be  imported  in  ships  or  vessels  net  of  the  UaHid 
States :  Provided,  That  this  additioaal  duty  sItfU 
not  appdy  to  goods,  wtares,  and  mcrebaodfaerfla- 
ported  in  ahipe  or  vessels  not  of  the  United  Statas, 


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PMie  Act9  tf.  GMfTMil 


entUM  b]r  trtatf,  or  by  any  aet  or  acts  of  Con- 
msi,  to  be  entered  io  the  ports  of  tbe  Uaited 
Bta'tes,  00  the  payment  of  tbe  same  duties  as  are 
paid  on  goods,  wares,  and  merchandise,  imported 
in  ships  or  vessels  of  the  United  States. 

Sec.  3.  And  be  UJurther  enacted.  That  there 
sball  be  allowed  a  drawback  of  the  auties,  by  this 
act  imposed,  on  goods,  wares,  and  mercbandbe, 
imported  into  the  Uaited  States,  upon  the  expor- 
tation thereof  within  the  time,  and  in  the  man- 
aer,  prescribed  in  the  fourth  section  of  the  aet, 
entitled  '*An  aet  to  regulate  the  duties  on  imports 
and  tonnage,"  passed  on  the  twenty-seventh  day 
of  April,  one  thousand  eight  hundred  and  sixteen. 

Seg.  4.  And  he  UJwiher  enacted^  That  the 
existing  laws  shall  extend  to^  and  be  in  force  for, 
the  collection  of  the  duties  imposed  by  this  act, 
on  goods,  wares,  and  merchandise,  imported  into 
the  United  States;  and  for  the  recovery,  collec- 
tion, distribution,  and  remission,  of  all  fines,  pen- 
alties, and  forfeitures  j  and  for  the  allowance  of 
the  drawbacks  by  this  act  authorized,  as  fully  and 
efiectually  as  if  every  regulation,  restriction,  pen- 
alty, forfeiture,  provision,  clause,  matter,  and 
thihg,  in  the  existing  laws  contained,  had  been 
inserted  in,  and  re-enacted  bv  this  act.  And  that 
all  acts,  and  parts  of  acts,  which  are  contrary  to 
this  act,  sbali  be,  and  the  same  are  hereby,  re- 
pealed. 

Approved,  April  20, 1818. 

An  Aet  to  increase  the  pav  of  the  militia  while  in 
actual  serrice,  and  for  other  purposes. 

Be  it  enacied,  fc,  That  the  monthly  pay  of 
tbe  militia,  which  kave  been  called  into  tbe  ser- 
Tiee  t^  the  United  States  since  tbe  first  day  of 
September,  eighteen  hundred  and  seventeen,  or 
wbieh  hereafter  may  he  called  into  the  said  aer- 
Tice,  in  proeecatin^  the  war  against  the  Seminole 
tribe  of  Indians^  shall  be  the  nighest  allowed  by 
law  to  the  militia  in  the  service  of  the  ITnited 
States,  daring  the  late  war  with  Qreat  Britain. 

Sbo.  2.  And  be  UJuHhar  enacted^  That  the 
widows  and  orphans  of  the  militia  who  have 
been  called  into  the  service  of  the  United  States 
ainee  tbe  said  first  day  of  September,  eighteen 
hundred  and  seventeen,  or  who  hereafter  may  be 
called  into  the  said  service,  io  prosecuting  said 
war,  and  who  may  have  died  or  been  killed,  or 
kereafter  may  die  or  be  killed,  in  such  service, 
aball  be  entitled  to  the  same  half  pay,  for  five 
years,  and  pensions  allowed  by  the  laws  now  in 
ibree,  to  the  widows  and  orphans  of  the  militia 
who  died  or  were  killed  in  the  service  of  the 
United  States  during  the  late  war  witb  Qreat 
Britain. 

Approved,  April  20, 18ia 

An  Aet  respectiiig  the  orgaaiaatkm  of  tbe  Army,  and 
for  other  purposes. 
Be  it  enacted,  fc.,  That  hereaAer  the  company 
officers  of  the  corps  of  artillery  shall  consist  of 
one  capuin,  two  first  lieutenants,  and  two  second 
Heutenants;  and  in  tbe  corps  of  light  artillery 
the  company  officers  shall  consist  of  one  captain. 


one  first  Uentenant,  and  two  seeond  lieoteonQta ; 
and  one  of  the  second  lieutenants  in  each  eom* 
pany  shall  aet  as  a  conductor  of  artillery,  as  in 
the  case  of  the  corps  of  artillery,  whose  duty  it 
shall  be  to  receipt  and  account  for  all  ammuoitioa, 
Implements,  and  oannoq ;  aad  for  the  perfornaoee 
of  these  services  they  shall  be  allowed,  eaeh  tes 
dollars  extra  per  month. 

Sbo.  2.  And  be  it  Juriher  enacted,  That  to 
each  regiment  of  infantry,  riflemen,  and  to  eaeh 
battalion  of  tbe  corps  of  artillery,  and  to  tbe  regi- 
ment of  light  artillery, -there  shall  be  attached 
one  armorer,  with  tbe  pay  and  emolumenu  allow* 
ed  to  armorers  employed  by  tbe  ordnaace  de^ 
partment. 

Snc.  3.  And  be  it  Jwr^ur  enacted.  That,  in 
all  cases  during  the  late  war,  where  an  officer  or 
soldier  has  been  delayed  the  receipt  of  his  pny^ 
and  emoluments,  or  any  part  thereof,  by  having 
been  transferred  from  one  corps  to  another,  or 
omitted  to  be  returned  on  the  muster  roll,  pay 
roll,  or  receipt  roll,  or  from  any  other  cause  wba^> 
ever,  upon  a  satisfactory  evidence  of  the  justice 
of  such  claim,  tbe  same  shall  be  adjusted  and 
paid. 

Approved,  April  20, 1818. 

An  Act  to  increase  tbe  duties  on  bron  in  bars  and 
bohi^  hron  in  pigs,  eastings,  nails^  and  afaus« 

Be  it  enacted,  ^c,  That,  from  and  after  tbe 
thirtieth  day  of  June  one  thousand  eight  hundred 
and  eighteen,  the  duties  now  by  law  levied,  col- 
lected, and  paid,  on  iron  in  pigs,  iron  castings^ 
nails,  on  iron  in  bars  and  bolts,  excepting  iron 
manufactured  by  rolling,  and  on  alum,  imported 
into  the  United  States,  sbtll  cease  and  uetermine ; 
and  there  shall  be  levied,  collected,  and  paid,  in 
lieu  thereof,  tbe  several  and  specific  duties  herein- 
after mentioned,  that  is  to  say :  on  iron  in  pigs, 
fifty  cents  per  hundred  weight;  on  iron  castings, 
seventy-five  cents  per  hundred  weight ;  on  naus^ 
four  cents  ^r  pound;  on  spikes,  three  cents  per 
pound ;  on  iron  in  bars  and  bolts,  manufactured 
without  rolliog,  seventy-fi^e  cents  per  hundred 
weiffbt ;  on  anchors,  two  cents  per  pound ;  and 
on  luum.  two  dollars  per  hundreo  weight. 

S|c.  2.  And  be  it  further  enactedy  That  an 
addition  of  ten  per  centum  shall  be  made  to  the 
several  rates  of  duties  above  specified  and  im- 
posed upon  the  several  goods,  wares,  and  mer- 
chandise, aforesaid,  which,  after  tbe  said  thirtieth 
day  of  June,  one  thousand  eight  hundred  and 
eighteen,  shall  be  imported  in  ships  or  vessels  of 
the  United  States :  Provided,  That  this  addi- 
tional dutv  shall  not  apply  to  such  goods,  wares, 
and  merchandise,  imported  in  ships  or  vessels 
not  of  the  United  States,  entitled  by  treaty,  or 
by  any  act  or  acts  of  Congress,  to  be  entered  in 
tbe  ports  of  the  United  States,  on  the  payment 
of  the  same  duties  as  are  imia  on  goods,  wares, 
and  merchandise,  imported  in  ships  or  vessels  of 
the  United  States. 

Sio.  3.  And  be  it  Jurther  enacted.  That  there 
shall  be  allowed  a  drawback  of  the  duties  by  this 
act  imposed  on  goods,  wares^  nod  merchandise^ 

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AFP8in>IX 


UH 


FMie  Aa$  of  €kmtret0i 


(BpOTitd  intd  Um  United  Smm,  upon  iki  tat* 
pMrtation  thertof  wil^o  Um  time,  mmi  im  tk« 
BiiBer  prcteribtd  in  the  fimrth  section  of  t^ 
net,  enttued  "An  tet  to  regnkte  tke  datiei  on 
ifliforti  nnd  tonnm,''  pnsMd  on  tke  tweAtf • 
•eroiUli  dnj  of  A|^  one  tlioMnnd  oight  hmndred 
ted  ttzieeii* 

Sno.  4.  And  be  it  JurOiar  emteUd^  That  the 
oiittaif  !»%■  fhnll  extend  to,  and  be  in  foroo  for, 
tbe  coUection  of  tho  dntiee  impoeed  kf  this  aet 
on  ffoodfl,  waroey  and  merehandiee,  imported  into 
dbo  United  States,  and  for  the  recoTory,  coUoct 
tion,  diettihntion,  and  remission^  of  alt  finet.  pan* 
ahiei,  and  forlintares,  as  folly  and  t&ctnaUy  as 
if  erery  regulation,  restriction,  penalty,  forfeinira, 

COTision,  cianea,  niatVer,  and  thing,  in  the  etist- 
g  laws  conlaised,  had  been  inserted  in,  and  to* 
anneted  br ,  this  net. 
Approfed,  AprU  SO,  181& 

An  Act  dzing  the  compensstion  of  Indian  Agents  md 
rsctors. 

Be  ii  emuUdy  fc,  That,  fron  and  after  the 
passage  of  this  act,  Indian  agents  and  factors 
shall  receire  the  following  salaries  per  annnm, 
in  lien  of  their  present  compensation,  to  wit : 

The  agent  to  the  Creek  nation,  one  thousand 
•ia[ht  hundred  dollars. 

The  agent  to  the  Ckoeiawi,  one  tkovsand  eight 
hundred  dollars. 

The  agent  to  the  Cherokees  on  the  Tennessee 
riTer,  one  thousand  three  hundred  dollars. 

The  agent  to  the  Cherokees  on  the  Arkansas 
dTer,  one  thousand  fkr%  hundred  dollars. 

The  agent  to  the  Chickasaws,  one  thousand 
three  hundred  dollars. 

The  agent  in  the  Dlinois  Territory,  one  thou- 
sand three  hundred  dollars. 

The  agent  at  Prairie  do  Chien,  one  thousand 
two  hundred  dollars. 

The  agent  at  Natchitoches,  one  thousand  two 
hundred  dollars. 

The  agent  at  Chicago,  one  thousand  three 
hundred  dollars. 

The  asreotat  Green  Bay,  one  thousand  three 
hundred  dollars. 

The  amt  at  Maekinae,  one  thousand  four 
hundred  dollars.  * 

The  agent  at  Vincennes,  one  thousand  two 
hundred  dollars. 

The  agent  at  Port  Wayne  and  Piqua,  one  thou- 
sand two  hundred  dollan. 

The  agent  to  the  Lakes,  one  thousand  three 
hundred  dollaiB. 

The  agent  in  the  Missouri  Teiritory,one  thou- 
sand two  hundred  dollars. 

And  all  sub-agents,  fire  hundred  dollars  per 
annum. 

Sbo.2.  And  be  it  further  enacted^  Thatalliac- 
tors  shall  receive  one  thousand  three  hundred  dol- 
lars, and  assistant  factors  seren  hundred  dollan, 
per  annum. 

Sec.  3.  And  be  it  further  enacted^  That  the  sums 
hereby  allowed  to  Indian  agents  and  factors  shall 
be  m  fall  compensation  for  their  services  j  and 


that  all  rations,  or  other  allowanoe%  nude  to  Ihna^ 
shall  be  dednoted  from  the  sums  libBrebf  aUowed* 
Apftoved,  AprU  30,1818. 

An  Act  to  continue  in  force,  from  and  after  fhm  tbk' 
tiethof  June,  one  ^ussnd  eight  hundred  and  nbe- 
teen,  until  the  tiiirtieth  of  June,  one  thonsandetfa 
hundred  end  twenty^siz,  the  Ibvth  paiagnfili  of  As 
fiist  seeHfln  of  the  act,  entitled  «  An  aet  to  vegiiMs 
the  duties  on  iaipoiis  mad  tonnage." 
Be  it  enaetedf  fc^  That  the  fourth  pamgniph 
of  the  Urst  section  or  the  act,  entitled  ^  An  net  to 
regulate  the  duties  on  imports  and  tonnage^* 
passed  the  twenty-serenth  of  April  one  thoimnd 
eight  hundred  and  sixteen,  shall,  from  and  after 
the  thirtieth  of  June,  one  thousand  eif^t  hundred 
and  nineteen,  continue  to  operate  m  the  same 
manner,  and  to  hare  the  same  eflEect,  imtii  dbe 
thirtieth  of  June,  one  thousand  eight  hundred  and 
twentr-six,  that  the  abore-mentioned  fourth  par- 
agraph now  has.  and  will  continue  to  hare^  nntfl 
the  thirtieth  of  June,  one  thousand  eight  hondred 
and  nineteen,  any  law  to  the  contrary  notwith- 
standing. 
Approved,  AprU  20^  1818. 

An  Aet  to  diTide  the  State  of  Pennsylvania  into  tire 
Judietal  Distrids. 

Be  ii  enacted,  ^  That  the  State  of  Pennsyl- 
vania be,  and  the  same  is  hereby,  divided  into  two 
districttL  in  manner  following,  to  wit:  the  eoem^ 
ties  of  Fayette,  Ghreene,  Washington,  Alleghany, 
Westmoreland,  Somerset.  Bedford,  fiontlngdoa, 
Centie,  Mifflin.  Clearfield,  McKean,  PocteVf  Jel» 
ferson,  Cambria,  Indiana,  Armscrons,  Binler. 
Beaver,  Mercer,  Crawfotd,  Yemngo,  Srie^  cad 
Warren,  shaU  compose  one  distnet,  to  be  cnllod 
the  Western  district;  and  the'residne  of  the  saM 
Slate  shall  compose  another  di^rict,  to  be  cnllod 
the  Easteni  district ;  and  the  teram  of  the  disimc 
court  for  the  said  ISasieni  district  diall  he  hoM 
in  the  city  of  Philadelphia,  at  tke  sevMal  timea 
they  are  now  directed  to  be  faehl  in  said  diatil^ 
of  Pennsylvania ;  and  the  terms  of  the  eieeait 
oonrt  for  th%  Western  district  shall  comnieaee 
and  be  held  in  the  citr  of  Pittsburg  on  the  im 
Mondays  of  the  months  of  Mne  and  DecewJar. 
in  each  and  everr  year,  and  be  eontinved  «nd 
adjourned,  fitom  time  lo  time,  as  the  court 
deem  expedient  for  the  despatch  of  tlie  f 
thereof. 

Sno.  %.  And  be  itjmr^ier  enacted,  That  BMh 
ard  PetersjUowjudgeofthedistrict  court  of  Penn> 
sjrivania,  shall  be,  and  he  is  hereby,  nssignad  as 
the  judge  to  hold  the  courts  in  the  EasMm  die* 


trict,  and  to  do  all  things  appertaining  to  din  i 
of  a  district  judge,  under  the  Constitution  and 
laws  of  the  United  States.   • 

Sec.  3.  And  beit further  enacted.  That  the  Pre- 
sident of  the  United  States  be,  and  he  is  hoMhy, 
authorized  and  directed,  by  and  with  the  advise 
and  consent  of  the  Senate,  to  a|»point  a  distoet 
judge  for  the  said  Western  district  of  Pteai^ 
vania;  which  Judge,  when  appointed,ishallreoetTe 


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PiMi^  Atti  cfl  tSongftorm 


t  talarj  of  one  thonsaDil  six  hundred  Mlire  per 
anDQfD,  to  be  ptid  in  the  same  mnDer  m  the  sal- 
ary of  the  judge  of  the  Eastern  district  of  said 
State;  and  he  shall  also  do  and  perform  all  sneh 
duties  as  are  enjoined  on,  or  in  aoywise  apper- 
taining to,  a  district  jndffe  of  the  United  States. 

Seo.4.  AndbeUjkrvurenacUd,  That  the  cir- 
cuit coort  of  the  tfnited  States  shall  be  held,  for 
^M  Eastern  district  of  Peonsjlrania,  at  the  city 
of  Philadelphia,  at  the  times,  and  in  the  manner, 
now  directed  by  law  to  be  held  for  the  district  of 
Pennsylrania ;  and  the  district  court  for  the  said 
Western  district,  in  addition  to  the  ordinary 
jurisdiction  and  powers  of  a  district  court,  shall, 
within  the  limits  of  the  said  Western  district, 
hare  jurisdiction  of  all  causes,  except  of  ajypeals 
and  writs  of  error,  cognizable  by  law  in  a  circuit 
court,  and  shall  proceed  therein  in  the  same  man- 
ner as  a  circuit  court;  and  writs  of  error  shall 
lie  from  decisions  therein  to  the  circuit  court  in 
th*said  Eutvm  district  of  PennsylfWMa,  in  the 
Mm*  mMwer  as  horn  other  dtstriet  eourta  to  their 
respective  circuit  courts. 

Sm.  6.  And  be  iifitriher  enacted,  That  the  Pre- 
sident of  the  United  Statesi  by  and  with  the  «4- 
Tiee  and  consent  of  the  Senate,  be,  and  hereby  is, 
antborized  to  appoint  one  person  as  district  attor- 
aey,  and  one  person  aa  marsbaL  for  the  said 
Western  district,  whose  terms  of  appointment 
and  service,  as  well  as  duties  and  emoluments, 
ahall  be  the  same  with  those  respectively  annexed 
to  the  said  offices  in  the  Eastern  districL  And 
the  district  attorney  and  the  marshal  for  the  dis- 
trict of  Pennsylvania  shall,  respectively,  be  dis- 
trict attorney  and  marshal  for  the  said  Eastern 
district. 

Sno.  6.  And  be  UJwiher  enacted,  That  all  ac- 
tions, suits,  process,  pleading?,  and  other  itroeeed- 
iagt,  of  a  civil  nature,  except  in  caaei  of  appeals 
and  writs  of  eri or,  commenced  or  pending  in  tlie 
district  or  circuit  court  of  said  district  of  Penn- 
Sflvaaia^  in  which  no  verdict  shall  have  passed* 
or  ^ea  to  the  merits  shall  have  been  decided,  ana 
whieh  by  law  should  have  been  had  or  eom- 
nenoed  in  said  district  eoort  of  said  Western  dis- 
tiict,  if  the  same  had  been  had  or  commenced 
before  the  passing  thereof^  and  where  the  parties 
to  the  same  shall  not  otherwise  agree,  shall  be^ 
and  hereby  are,  continued  over  to  the  district 
oourt  of  tha  Western  distrif  t  established  by  this 
acL  and  shall  there  be  pipceeded  in  with  like  effltat, 
ana  ia  the  same  manner,  as  if  pu^iaally  had  or 
•ommenoed  therein.  And  the  said  district  and 
oirouit  courts  of  said  Eastern  district  shall  pos- 
sess and  exercise  all  necessary  powers  for  the 
iieaMival  of  all  papers  and  filea  relating  to  sueb 
actions^  suits,  process,  pleadings^  and  other  nro- 
eeedingS|  to  the  said  district  court  of  said  West- 
ern district,  so  continued  over  as  aforesaid :  Pro- 
vided, That  nothing  herein  conuined  shaU  be 
construed  to  affect  any  bond  or  recognizance 
made  or  entered  into  in  any  of  the  actions  orisuits 
hereby  directed  to  be  removed;  but  the  same 
shall  continue  of  as  much  validity  as  though  this 
act  had  not  passed. 

Approved,  April  SO,  18IS. 


An  Aet  sujjjpleBeataiy  to  the  i 

spprepriatKAs  lor  the  year  one  thonssnd  eight  hun^ 

died  and  eightsem. 

Be  it  enacted,  f  &,  That  the  following  sums  b& 
and  they  ar«  hereby,  respectively  appropriate!^ 
and  shall  be  paid  out  of  anjr  money  in  the  Trea- 
sury not  otherwise  appropriated. 

For  the  payment  or  balances  due  several  States, 
on  an  adjustment  of  their  accounts,  for  expenses 
incurred  by  calling  out  the  militia  during  the  late 
war,  six  hundred  thousand  dollars. 

Towards  erecting  barracks  at  Baton  Rouge, 
forty  thousand  dollars. 

For  carrying  into  efifeet  the  treaty  with  the 
Cherokee  Indians,  eighty  thousand  doUacp^ 

For  defraying  the  expenses  of  holding  Indian 
treaties  in  the  vear  one  thousand  eitfht  nupdx^^ 
and  eighteen,  fift|[-three  thousand  donarsw 

For  arrearsges  in  the  Indian  dfspartmaat,  Ibiiitv- 
five  thousand  dollars.  I 

For  additional  pay  to  the  militia,  fifty  thousand 
dollars* 

For  expenses  of  mounted  volunteer^  ninety 
thousand  dollars. 

For  pensions  for  one  thousand  eight  hundred 
and  eighteen,  in  addition  to  the  sum  already 
appropriated  for  that  purpose,  fifty  thousand 
dollars. 

For  pensioos  to  officers  and  soldiers  of  thf 
Revolotionary  army,  under  the  act  of  the  eigh- 
teenth  of  March  last^  three  hundred  thousand 
dollars* 

For  deficiency  in  the  appropriation  for  clerk 
hire,  in  the  office  of  the  Department  of  War,  for 
the  year  one  thousand  eight  hundred  and  sevenr 
teen,  eight  hundred  dollars. 

For  rent  of  offices  for  the  above  department, 
for  the  year  one  thousand  eight  hundred  and 
seventeen,  five  hundred  dollars. 

For  offiaa  rent  for  the  above  department,  for 
4>ne  thousand  eight  hundred  and  eigfaieea»  one 
thousand  dollan* 

For  aMitiooal  elaek  kine^  a  sttm  noteraeadlng 
fifty  tbousmid  dolkifs. 

Approved,  AprU  30, 1816. 

An  Act  concerning  tonnage  and  discriminating  duties, 
in  certain  esses. 

Beit  enacted,  ^e^  That  so  much  of  the  se?^ 
acts  imposing  duties  on  the  tonm^  of  vessels  it 
tl^  ports  of  the  United  States^  as  imposes  a  die- 
oriminating  duty  between  foreign  vesseb  and 
vessels  of  the  United  States,  is  herebv  sepeale^ 
so  far  as  respects  vessels  truly  and  whoUy  belong* 
ing  to  the  sttbjecto  of  the  King  of  the  Nether- 
lands; such  repeal  to  lake  effect  (som  the  timf 
the  Government  aforesaid  abalished  tbediscriou- 
nating  duties  between  her  own  vessels  and  the 
vessels  of  the  United  States  arriving  in  the  ports 
or  places  aforesaid* 

Mo.  r  And  be  U  >rAsr  mmckd,  That  ao 
muehof  theeeteralaeta  imposingdntieeonfoads^ 
wares,  and  merchandisci  imported  into  the  Uni- 
ted States,  as  imposes  a  diae4fdteaaia«  duty  be- 
tween goods  imported  into  the  Unitnd  " 


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BtMwMi^4fOomim9* 


I  TMeU  m4  viiMlt  of  iht  QaHtd  aut«i^ 
W,  aod  (fa«  iMM  i«  benby,  nptiled,  ao  f«r  m  ihe 
same  respects  the  produce  or  omM&etartsof  Ibe 
ItfrilMies,  in  Rarope,  of  the  Kiag  of  the  Nether- 
kttdi^  or  socb  preduee  sod  maDufaeiares  as  caa 
OAlfbt,  or  most  iMoallf  are,  first  shipped  from  a 
port  or  place  in  tbe  kiiif  dom  aforesaid,  the  same 
baiaf  imported  in  Tessels  truly  aad  wholly  be- 
iMwtaf  to  subjaeu  of  the  Kiof  of  the  Nether* 
kads;  such  repeal  to  uke  effect  from  the  time 
the  OoTeroment  aforesaid  abolished  itt  dlscrioii- 
■atiaf  duiiea  between  goods,  wares,  aad  mer- 
chaDdise,  imported  in  vessels  of  the  United  States 
and  tesaels  beloof  lag  to  the  nation  aforesaid. 
Appo^red,  April  20, 181& 

An  Act  sttthoriiiBg  a  eubscriptkm  fer  <he  Ststisticsl 

Amudsof  Adam  Seybsit,  sad  Ihs  purchase  of  Pll- 

Ida's  Oomaerdal  Statislks. 
'  Be  U  enacUdi^fc,  That  the  Secretary  for  the 
Department  of  State  be,  and  he  is  here)>ir,  author- 
ized and  directed  to  subscribe  for,  and  receiTe. 
for  the  use  and  dispnosal  of  Conaress,  Atc  bundrea 
conies  of  the  Sutistical  Annius  proposed  to  be 
published  by  Adam  Seybert,  of  Philadelphia; 
and  that  he  also- be  directed  to  purchase,  for  the 
purpose  aforesaidj  two  hundred  and  fifty  copies 
of  Pitkin's  Commercial  Statistics  of  the  United 
Butes. 

Bbo.  t.  And  be  it  fiaHur  enacted,  That  the 
sum  or  sums  of  money  necessary  to  defray  the 
cost  of  the  subscription  and  purchase  aforesaid; 
shall  not  exceed  the  sum  of  fire  thousand  seven 
hundred  and  fifty  dollars ;  and  the  same  is  hereby 
appropriated,  to  ne  paid  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated. 

Approved,  April  20, 1818. 

An  Ad  making  ths  port  of  Bsth,  hi  Massachusstts^ 
a  port  of  entry  for  ships  and  rssseb  arrlTing  from 
the  Cqw  of  Good  Hope,  and  from  places  beyond 
asmej^  and  tbr  aslsbifahing  u  coUeetion  dbtriet, 


whereof  Belisst  shall  be  the  pert^f  ealiy. 

Be  it  enacted,  f  c.  That  the  pdrt  of  Bath,  in 
the  State  of  Biassachnseits,  be,  and  hereby  is, 
made  a  port  of  entry  for  ships  or  vessels  arriving 
from  the  Cape  of  Qood  Hope  and  from  places 
beyond  the  same. 

Bbo.  2.  And  be  it  fiaiher  enacted^  That  a 
tollectlon  district  be,  and  hereby  Is,  established 
In  the  State  of  BSassachusetts,  which  shall  fn- 
elude  all  the  ports  aad  harbors  on  the  wtttem 
shore  of  the  Penobscot  bay  and  river,  from  the 
town  of  Camden  to  the  town  of  Bangor,  both  in- 
clusive; and  a  collector  shall  be  appointed  for  the 
district,  to  reside  at  Belfast,  which  shall  be  the 
ottlv  port  of  entry  for  said  district. 

Approved,  April  20, 1818. 


the  Secretary  of  the  Tiesamy  to 
lertatn  alien  dalles  therain  de- 


AnActto 
ispay  or  remit  oertatn 
aflribed. 

'Beil  aneroTirf, fa,  That  the  SecreUry  of  the 
TMaanry  be,  and  he  ia  heraby,  directed  to 


to  ha  paid  or  remitted  aU  alien  or  djacrimlnathif 
doles,  either  npoo  toanage  or  UMrehaadise  m^ 
ported,  in  respect  to  all  British  veseels  whi^ 
have  been  enured  in  ports  of  the  United  Siatc^ 
at  any  time  between  the  third  day  of  July,  in- 
clusive, and  the  eighteenth  daj  of  Au^us^  one 
thousand  eight  hundred  and  fifteen,  which  bare 
beea  paid,  or  secured  to  be  paid,  aontrary  to  the 
provisions  of  the  convenuon  regulating  com- 
merce between  the  territorice  of  the  United  Scatas 
and  of  His  Britannic  Migeaty,  bearing  date  the 
third  day  of  July,  eighteen  hundred  and  A£%^em : 
PromUdt  That  this  act  shall  not  take  effcet  ma- 
til  a  similar  provision  shall  be  made  bjr  the  Qov- 
enunent  of  Great  Britain,  in  favor  of  Amaricna 
vessels,  in  regard  to  dutice  on  tonnage  and  aear- 
ohandise  antered  in  the  British  Euiopaan  pom 
doring  the  same  period. 
Approved,  April  20, 1818. 

An  Act  a«^orlsiag  the  disposd  of  osrtain  loli  ofpnb- 
tte  gionnd  In  the  ei^  of  iiew  Orleans  and  tomi  of 
Mobile. 

Be  it  enacted^  fc,  That  the  Presidettt  of  thn 
United  States  shiJl  have  power,  and  he  is  heraby 
authorized,  whenever,  in  his  opinion,  it  shall  m" 
eonaistent  with  the  public  intereet,  to  sbnndon  llm 
use  of  the  navy  nrseaal,  military  hoepitaJL  and  bar- 


racks, in  the  city  of  New  Orleans,  and  of  For  t  Char- 
lotte, at  the  town  of  Mobile ;  to  cause  the  lots  of 
ground  whereon  the  said  arsenal,  hospital,  and 
barracks,  in  New  Orleans,  and  Fort  Charlotte,  at 
Mobile,  now  stand,  to  be  surveyed  and  laid  off  into 
lots,  with  suitable  streets  aad  avenues,  conform^ 
ing,  as  near  as  may  be^  to  the  original  plea  of  the 
city  and  town  aforesaid ;  and,  when  the  smrreys 
are  completed,  one  plat  thereof  shail  be  relnraed 
to  the  Secretary  of  the  Treasury,  and  another  to 
such  officer  or  agent  as  the  President  shall  have 
authorized  to  dispose  of  the  said  lots ;  and  the  said 
lots  of  ground  shall  be  offered  at  publie  sale  at  Che 
city  of  new  Orleans  and  town  of^Mobile^  reepeet* 
iveiy,  on  such  day  or  days  as  the*  President  shall, 
by  his  proclamation,  designate  for  that  pnrpoae, 
in  the  same  manner,  and  on  the  same  eonditioni 
and  terms  of  credit,  as  is  provided  by  law  for  the 
sale  of  public  lands  of  the  United  8ute8,aad  p^- 
enu  shall  be  granted  therefor  as  for  other  public 
lands  sold  by  the  United  States. 

Sao.  2.  And  beit  fiaiher  enacted^  That  the 
President  of  tbe  United  Sutes  is  hereby  author- 
ized, as  soon  as  in  his  opinion  the  miblic  intereat 
will  permit,  to  cause  the  Fort  of  St.  Charles  to 
be  demoli^ed,  and  the  navy  yard  in  said  city  lo 
be  discontinued ;  and  the  lot  of  ground  on  which 
the  said  fort  is  erected  shall  be  appropriated  to 
the  use  of  a  public  square,  and  may  be  imj^roved 
for  that  purpose  by  order  t^  the  corporation  of 
tbe  said  city. 

Approved,  April  20, 1818. 

An  Act  for  changing  the  coiapensatien  of  Recsivs* 
and  Begisters  of  the  Land  Offices. 
Be  it  enacted^  fc^  That,  instead  of  the  estt- 
pensation  now  allowad  by  law  t^  the  reeatfsis  of 


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AiM^  Mt^tf  Cbfi|gfW* 


f«blM  noiMjFt  fbr  tlM  lanJt  df  the  Uttiied  Sum, 
they  sball  reeeirt  an  aBBiial  talaiy  of  Ibe  hiiH 
dred  dollars  each,  asd  a  conmianoa  of  oat  per 
eeDtam  on  the  moneys  veeeiTed,  as  a  compensa- 
lion  for  clerk  hire,  recelTing,  safe-keeping,  and 
transmiuing,  sneh  moneys  to  the  Treasury  of 
the  United  States:  PrtrndK  '    ' 


Pramded,  alwm,  Thai  the 
whole  amount  which  any  receiTer  of  piiblic  mon- 
eys shall  receiTe.  under  thMroTisions  of  this  act, 
snail  not  exceed,  for  any  one  year,  the  sum  of 
three  thousand  dollars. 

Sbo.  8.  And  be  it  Jurther  enacted^  That,  in- 
stead of  the  coou>ensation  now  allowed  by  law 
to  the  registers  of  the  land  offices,  they  shall  re* 
eeire  an  annual  salary  of  fiTe  hundred  dollars 
eaeh,  and  a  eommissioa  of  one  per  eentum  on 
all  the  moneys  expressed  in  the  receipts  br  them 
fled  and  entered,  and  of  which  they  shall  hare 
transmitted  an  account  to  the  Secretary  of  the 
Treasury:  Provided^  ahoay^  That  the  whole 
amount  which  any  register  of  the  land  offices 
shall  receiTe,  under  the  proTisions  of  this  act. 
shall  not  exceed,  for  any  one  year,  the  sum  or 
three  thousand  dollars. 

ApproTed,  April  20, 1818. 

An  Aet  for  IrtBsfoniag  the  eleims  in  iSk»  office  of  iSk» 
Ooaaiiaifener  to  the  Third  Auditor  of  the  Ttrnmij 
Dtpartflseat. 

Be  It  enacted,  fc^  That  all  claims  under  the 
act,  entitled  "An  act  to  authorize  the  payment  of 
property  lost,  captured,  or  destroyed,  dt  the  ene- 
my, while  in  the  military  service  of  tne  United 
States,  and  for  other  purposes,"  passed  the  ninth 
of  April,  one  thousand  eight  hundred  and  sixteen, 
and  the  act  in  amendment  thereof,  passed  the 
third  of  March,  one  thousand  eight  hundred  and 
soTenteeo^  now  remaining  in  the  office  of  the 
Commissioner  of  Claims,  and  not  acted  on  finallr 
by  said  commissioner  before  the  ninth  of  April, 
one  thousand  eight  hundred  and  eighteen,  be, 
and  the  same  are  hereby,  transferred  to  the  office 
of  the  Third  Auditor  of  the  Treasury  Depart- 
ment;  and  the  said  third  auditor,  in  all  adjudica- 
tions upon  the  claims  afbresaid,  shall  be  gor- 
amed,  in  all  respects,  by  the  same  rules,  regula- 
tions, and  restrictions,  as  hare  heretofore  been 
prescribed  to  the  Commissioner  of  Claims  under 
the  above  recited  acts. 

Sec.  2.  And  be  it  Jwrther  enacted,  That  the 
Third  Auditor  aforesaid,  for  performing  the  do- 
ties  hereby  required  of  him,  shall  be  allowed  and 
paid  the  sum  of  five  hundred  dollars,  out  of  any 
money  in  the  Treasury  not  otherwise  appro- 
priated. 

Approved,  April  20, 1818. 


Aa  Ad  gsepediag  Hm  sarrsTJng  and  sale  of  the  poh- 
lic  lands  in  the  Alabsnia  IWrttoiy* 

Be  it  enacted^  fc,  That  the  powers  and  duties 

af  the  sot yeyor  for  the  lands  in  the  northern  part 

i       of  the  lata  Missisaippi  Territory,  shall  axssnd  to 

I       the  whole  of  the  Alabama  Territory,  and  that 

I        only.    And  it  shaU  he  his  4aty  to  causa  s«ob  of 


tbasaid  leads,  to  wideh  the  Mtan  title  haa  haesi 
Of  shall  hoffcalter  he,  extiaguishad,  aa  the  Pmi^ 
dent  of  the  United  States  shall  dtreet,  to  he  smr* 
▼eyed  and  divided  in  the  same  manner,  and  un- 
der the  same  regulations,  as  are  provided  by 
law  in  relation  to  other  public  lands.  And  the 
said  surveyor  shall  receive  for  his  services,  here- 
after, an  annual  compensation  of  two  thousand 
dollars,  and  shall  be  allowed  not  exceeding  two 
clerks,  whose  whole  compensation  shall  not  «Z' 
ceed  fifteen  hondted  dollars  per  annum. 

Sno.  2.  And  be  it  Jurther  enacted,  That  in 
every  public  sale  hereafter  to  be  made  of  public 
landsj  in  the  Territory  of  Alabama,  there  shaU,  in 
addition  to  the  usual  reservation  of  section' six- 
teen, in  each  township^  for  the  support  of  schools, 
be  exoepted  from  the  sales  of  such  sectione,  not 
exceeding  ten  in  any  one  land  disuiet,  as  the 
President  of  the  United  Stales  shall  have  4am- 
nated,  for  the  purpose  of  laving  out  and  estah- 
lishing  towns  thereon  s  which  sections,  so  Mtf 
nated  and  reserved,  for  the  purpoee  aforesaiOi 
shall  be  laid  off  into  lots,  aad  offered  for  sale,  ia 
the  manner,  and  on  the  terais  and  eoadiiions, 
aad  with  the  same  limitation  as  to  price,  as  is 
prescribed,  for  the  laying  off  aad  sale  of  lots,  by 
the  fiAh  section  of  the  act,  entitled  ^An  act  lo 
authorize  the  appointment  of  a  survejror  for  the 
lands  In  the  northern  part  of  the  Mississippi  Terrir 
lory,  and  the  sale  of  certain  lands  ih«rein  de- 
scribed," passed  on  the  third  of  March,  one  tho»- 
sand  eight  hundred  and  seventeen.  Aad  there 
shall  be  reserved  from  sale,  in  the  Alabama  Ter- 
ritory, an  entire  township,  which  shsll  be  located 
by  the  Secretary  of  the  Treasury,  for  the  support 
or  a  seminary  of  learning  withm  the  said  Terrir 
tory ;  and  also,  any  one  entire  section,  which  may 
be  located  under  the  direction  of  the  Qovernor  u 
the  said  Territory,  for  the  seat  of  Qovernmcnt 
therein. 

Sbo.  3.  And  be  it  furthifr  enacted,  That  aU 
the  lands  lying  beiween  the  basis  meridian,  and 
the  first  standard  meridian,  in  the  Alabama  dis- 
trict, be  attached  to  the  land  4istrici  east  of  Peail 
river.  And  the  lands  so  aitaehed  to  the  said  dia* 
irict,  east  of  Pearl  river,  after  haviag  heaa  soa- 
veyed  aoeording  to  law,  shall  with  the  aicepiiaa 
of  section  aomber  sixteea  ia  each  township 
which  shall  be  reeerved  for  the  support  af  the 
schools  tbereia,  and  with  the  furihar  excapHon 
of  sQch  reservaiioas  as  may  be  oMde  in  paiaa- 
anee  of  the  second  section  of  this  aa^  shall  he 
offered  for  sale  to  the  highest  bidder,  oader  the 
direction  of  the  register  of  the  iaad  office,  aad 
the  receiver  of  |>ublic  moneys^  at  the  place  wheaa 
the  land  office  ie  kept,  aad  an  such  oay  or  days 
as  shall,  by  proclamation  of  the  President  of  ihe 
United  States,  be  designated  for  that  purpeae: 
the  sale  shall  reaialn  open  two  weeks  aad  aa 
longer.  The  lands  shall  not  be  sold  for  less  tbaa 
two  dollars  an  acre,  and  shall,  in  every  other  re- 
spect, be  sold  in  tracu  of  the  same  sise^  and  ea  the 
same  terms  andcooditloas,  as  have  been,  or  may 
be,  provided  for  lands  sold  in  the  same  district. 
All  the  lands  offered  for  sale,  and  remaialnt  unsold 
at  the  closaof  the  said  pahlic  sale^may  beiispoeed 


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of  oUht  kaii  hi  tkt  wtmt  dUsttiei;  ia^  p^%tiwm 
•lUU  be  gnmled  ia  tb«  mbm  naoMr,  and  on  the 
Mone  Mrmiiaelbr  other  hnids  hi  the  Mud  dietnot 
Apptoved,  April  20, 1818. 

* 
An  Act  to  alter  and  amend  an  aety  anproved  the  thhd 
daj  of  UMieht  one  thooMnd  eight  hundred  and 
•erantaen,  entitled  <*An  act  to  eatabliah  a  separate 
Tenitorial  goTemment  Un  the  eaatesn  part  of  the 
MiaaiaaippiTenritoiy/* 

Bb  U  inaOed^  fc.  That  the  Judieial  power  of 
the  judges  of  the  Akbanui  Tcvrltoryi  appointed, 
or  hemfter  to  be  appointed,  inder  the  anthorirr 
of  the  Ooveninent  of  the  United  States,  shall 
eatevd  ae  well  to  any  other  eoantf  or  counties 
whkh  hnre  beea,  or  may  be,  fomed  within  the 
liaails  of  said  Territorr.  as  to  thoee  which  are 
raeeiallf  mentkNied  and  named  fai  the  act.  eoti- 
ifed'^An  net  to  eeiabUeh  a  separate  teiritorinl 
goeetnnent  for  the  eaatem  pirt  of  the  liissis^ 
•ippi  TwfitoffT,"  approved  Maveh  the  third,  one 
flKMMtnd  eight  h«ndred  and  ceventeen.  And 
that  in  each  county  tirconatiee,  snperior  oevru 
shall  be  holden  by  said  jadgee  in  the  like  mafr- 
MT,  and  with  the  like  powers  and  jorisdietion, 
aa  the  smrior  cone ta  ate  now  directed  hj  law 
to  he  holaon  in  the  ooanties  spechUly  mentioaed, 
as  aforesaid,  in  the  act  aihivsaid*  And  the  pow- 
ers of  the  general  court  of  the  said  Territorr 
shall  extend  to  all  oases  of  admiralty  and  man- 
time  jnrMlefion :  And  their  jndgments  or  de* 
ereee  in  s«ch  cases  shall  be  sabject  to  appeak  to 
the  Staipreme  Conrt  of  the  United  States,  ia  like 
manner,  and  upon  the  hke  terms,  as  appeals  in 
aimiiar  caees  are  ailowied  and  prosecuted  from 
the  judgments  or  decrees  of  the  circuit  eouru 
of  mo  united  Siateei 

Uwo.%.  AnA  6e  U JkrOter tnaet&d,  That  the 
LsgWatase  of  the  said  Toriitorjr  shall  hare 
fow«r  10  appooiL  ehany,  and  rigoiate,  the  times 
and  ahieas  oif  holding  the  sopenoteoorts  in  eaeh 
nf  the  oonntim  of  said  Territory,  and  also  to 
piearttho  the  anmber  of  lorme  lo  he  holden  in 
.«oh  ooonir:  /VerWerf,  They  do  not  eiceed 
>mmMiHy» 

lao.  8.  iM  be  UJkHker  mmetmi,  That  so 
I  of  the  said  aot,  appeonod  March  the  third, 
oae  thoomad  eight  hondred  and  serenteeo,  as 
paoTidoB  **that  no  jadge  shall  sit  more  thaa  tHrice 
la.  lanmiiia  in  the  eame  court,*  be,  and  the 
epao  ia  hewby,  repealed. 

8ao*4»  And  be  Ufikket  enoefed  That  the 
itecrotanr  of  the  said  Terrkory,  jadges,  mem* 
beta  of  the  LrgisUttro  CooaciL  members  of  the 
Hoaeaof  Representatires,  Jastloes  of  the  peaec^ 
afti  all  other  officers^  eiril  aad  mUkary,  who 
may  not  hare  takea  aa  oath  of  office^  shidl,  be^ 
tee  they  eatsroa  the  dotios  of  their  reepeotire 

'^     I  takaaa  oath  or  ailraiatkm  to  sapport  the 
—      of  the  United  8utes,aad  Ibr  the 


twoi 


ihaife  of  the  datiea  of  their  officet 
orafitmaiioa  ahaU  be  taken  before 


theCtoteflait*of  ihattiASaRitgrpww  awehpmi 
saaaaha4mU  apaomt  aad  diraei. 
Apfeoyed,A#liUa,181fc 

An  Act  to  adjust  dbe  claims  to  lou  in  the  town  of 
Yincennes,  and  ibr  the  sele  of  te  land  amopria> 
ted  as  a  eommen  Ibr  the  use  of  6ie  inhabramti  of 
the  said  town. 

Be  U  enacted,  ^a^  That  the  trustees  of  the 
town  of  Viocenaes  shall  hare  power,  and  they 
are  hereby  authorized,  to  examine  and  adjust  afl 
claims  to  lots  in  the  town  of  VitlceDDes ;  and  if, 
upon  an  accurate  surrey,  it  shall  be  found  that 
there  are  lots  within  the  precincts  of  the  town 
to  which  no  individual  claims  can  be  substanti- 
ated, the  same  are  herebv  granted  to  the  inhabit 
lants  thereof,  to  be  sold  or  the  trustees,  and  th^ 
money  arising  from  the  safe  to  be  applied  tosuel| 
public  purposes  as  may  be  agreed  upon  by  A 
majority  ot  the  citizens. '  And  the  said  trusteei 
are  hereby  empowered,  in  all  cases,  when  they 
shall  confirm  claims  to  lots,  to  gire  deeds  to  the 
claimants  for  the  same. 

Sac.  2.' And  be  UJurihcr  enacted,  That  th^ 
trustees  of  the  town  of  Vincennes  shall  hare 
power,  and  they  are  hereby  authorized,  to  dia- 
pose  of  a  uaci  of  land  ecinmiaiag  abooi  &ra 
theaaaad  (but  haiidsad  aam^  which,  by  thaMh 
section  of  the  act,  entitled  ^An  actmgiapthig 
lands  to  the  inbabitanta  and  eettkrs  at  Vin- 
cennes and  the  Illinois  country,  in  the  territory 
northwest  of  the  Ohio,  and  for  confirming  them 
in  their  possessions,"  passed  on  the  third  day  of 
March,  one  thousand  seven  hundred  and  ninety- 
one,  was  appropriated  as  a  common,  to  the  use 
of  the  inhabitants  of  the  said  town ;  the  said 
tract  shall  be  dirided  into  Ioul  as  tiie  irostees 
shall  direct,  of  not  more  than  fifty,  nor  less  than 
the  quantity  of  five,  acres,  and  shall  be  sold  in 
the  manner,  aiid  on  the  terms,  which  may  by 
them  be  deemed  most  expedient  and  adraota- 

feous.  They  shall  also  have  power  to  convey^ 
y  complete  title,  the  lots  sold  to  the  purchasers; 
and  the  proceeds  of  the  lands  so  disposed  of,  or 
so  much  thereof  as  may  be  necessary  for  the 
purpose,  shall  be  applied,  under  the  direction  ojf 
the  said  trustees,  to  the  draining  of  a  pond  ia 
the  vicinity  of  the  town ;  and  the  residue  of  the 
monev  arising  from  the  said  sales,  if  any  these 
shall  be.  shall  be  paid  oyer  to  the  cri^tees  of  the 
Tineenoes  University,  and  shelly  by  theai,  hf 
applied  to  the  benefit  of  the  said  university, 

Sbc.  3.  And  be  U  further  enacted^  That  iha 
uid  trustees,  when  they  shall  hare  performed  the 
duties  assigned  to  them  under  this  act,  shalt  make 
a  report  thereof  to  CkMuness* 
Approred,  April  20, 1818. 


AnAetpiofMhw  Ihr  the  depoiile  of 
tilled  sfhHe  hi      "'  ' 

puipepss. 


Ibr  othsr 


any 


BeUemuied.ie^  ThatitahaU  be  kwMftr 
ly  importer  of  wiaea  or  dist^ed  wriu,  whiift 
ay  beimportad  kite  the  Uoiiad  BMm  mtmff 
after  the  first  day  of  Jane  next,  at  hja  opaoBi 


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APPENDIX. 


2fiM 


P^UOic  A4U  40/ Cbngrtm 


Co  be  determiDed  at  the  time  of  making  eotry 
therefoFj  either  to  secure  the  duties  thereoo,  on 
the  same  terms  and  stipolations  as  on  other 
jgoods,  Tx^ares,  and  merchandise,  imported,  or  to 

S>e  his  bond,  in  dooble  the  amount  of  the  duties 
ereupon,with  condition  for  the  payment  of  the 
'^aid  duties,  in  twelve  calendar  montlislrom  the 
date  of  such  bond ;  which  bond  «hall  be  accepted 
hf  such  collector,  without  surety,  upon  the  terms 
following,  tiz :  the  wines  or  distilled  spirits,  for 
the  duties  whereof  such  bond  shall  be  accepted, 
thall  be  deposited  at  the  expense  and  risk  or  the 
importer,  in  such  public  or  oth€r  storehouses  as 
iliiay  be  agreed  upon  between  the  importer  and 
thie  surreyor,  or  officer  of  inspeetibn  of  the  rere- 
Hue.  for  the  port  where  the  said  wines  or  spiriu 
•iliall  be  landed :  and  such  wines  or  spirits  shall 
lamlctpt  ttnder  the  joint  locks  df  the  inspector  and 
the  importer ;  but  no  delivery  shall  be  made  of 
atieh  wines  or  spirits  withoot  a  permit  in  Writing, 
tinder  the  band  of  the  collector  and  naval  officer 
xt  the  port. 

8to.  3.  And  be  Ufiinher  elkicM,  That  no  per- 
ttiit  shaH  be  given  for  the  removal  of  the  wines 
tMr  ^irits  deposited  nnder  the  prorisions  of  the 
^tgp\ng  section^  unless  the  duties  uf>on  the  wines 
in  spirits,  for  Which  it  shall  be  required,  be  first 
fiid  or  secured,  in  the  manner  following,  viz.: 
tire  Imiporter,  or  his  assignee,  shall  gire  bond, 
-With  one  or  more  surety  or  sureties,  to  the  s^tis- 
fiiCtion  of  the  collector,  in  doable  the  amount  of 
the  duties,  upon  the  wines  or  spirits  in  each  case 
to  be  delivered,  with  condition  for  the  payment 
Of  th«  said  duties,  at  the  same  credits,  to  be  com- 
puted fVom  the  date  of  the  permit,  as  would  have 
Decn  allowed  on  bonds  for  the  same  articles,  if 
they  had  not  been  deposited  under  the  provisions 
of  tbis  act :  Prmtided.  'That  the  time  to  be  al- 
lowed for  the  payment  of  the  duties  upon  any 
Wines  or  spirits  so  delivered,  or  for  any  part  of 
«oeh|daties,  shall  not  be  such  as  to  extend  the 
cnredit  beyond  the  term  of  twelve  calendar  months, 
tofiginally  allowed,  upon  depositing  such  wines 
ttid  spirits. 

8bc.  8.  And  be  Ufiniher  enacted,  That  if  the 
duties  on  any  wines  or  spirits,  deposited  under 
the  provisions  of  this  act,  shall  not  have  been 
|Mkid,  or  secured  to  be  paid,  in  the  manner  de- 
tferibed  in  the  foregoing  section,  within  the  term 
of  twelve  calendar  months  from  the  time  of  their 
importation,  it  shall  be  the  duty  of  the  collector 
to  cause  so  much  of  such  wines  or  spirits,  as  may 
be  necessary,  to  be  sold  tt  public  auction,  aaiL 
r«cuiiiing  the  sum  necessary  for  the  payment  of 
the  duties  which  have  not  been  tecored  or  paid, 
toffether  with  the  expenses  of  safekeeping  and 
Mile  of  inch  wines  or  spirits,  shall  return  the 
overplus,  if  any,  to  the  owner,  or  to  his  agent  or 
lawful  represenutive ;  and  the  amount  of  each 
bond,  taken  for  the  duties  on  wines  or  spirits  de- 
Ifrered,  after  being  deposited,  as  directed  by  this 
mttf  shall  be  endorsed  imiqediately  on  the  origi* 
ttal  bond  firtn,  by  the  importer,  specifying  the 
articles  delivered  and  the  date  of  the  delivery. 

8io.  A.  And  be  it  further  enaOed.  That  no 
drawback  shaU  be  allowed  of  the  duties  paid  on 
I5th  Gov.  ist  Ssss.— 8S 


any  wines  or  spirits,  whieh  shall  be  impoised  tato 
the  United  States,  after  the  first  day  of  Jane  uaxl, 
unless  such  wines  or  spirits  shall  have  been  da* 
posited  in  public  or  other  stores,  under  the  pv^ 
visions  of  this  act,  and  (here  kept,  from  their 
landing  to  their  shipment 

Sac.  6.  And  be  it  further  enacted,' That  if  any 
wines  or  other  spirits  deposited  under  the  arovw- 
ions  of  this  act,  shall  be  embezzled,  or  madu- 
leatly  hid  or  reaaoved,  fVom  any  store  or  plaat 
wherein  thfy  shall  have  been  deposited,  thiy 
shall  be  forf«ted,  and  the  person  or  penoas  aa 
ambezalfng,  liidiag,  or  removii^,  the  same,  4r 
aiding  or  assisting  tbereia,  shall  be  liable  so  ska 
same  palas  aad  penalties  as  if  sach  wiaes  or  eMx^ 
its  bad  been  fraudaiantly  unshipped  or  laiMad 
without  pay HMut  of  duty. 

Bao.6*  And  be  it  Jwrther  enmcted.  That,fh»« 
aad  after  thefiist  day  of  Juaa  next,  the  bonds  for 
duties  on  aniaka  iaiported  by  sea,  theHodoaaof 
foreign  places  or  islands,  situated  im  the  eastela 
shoias  of  Afuariaa,  aorib  of  the  et^uator^  or  ia  its 
ad jaoeat  seas,  bays,  aad  f  uift,  salt  e&oapStad)  sImU 
be  pavaUe,  one  oalf  in  six  and  one  hatf  ia  aiaa 
calendar  caonthsfand  the  ^baa^  lor  datias  Oa 
goads,  arares,  aad  mtiahaadisc,  (other  tiian  wint, 
salt,  aad  teas^)  imported  ftom  aay  other  pkoa 
tbaa  £arope  and  the  West  Indies,  shall  be  pay- 
able, one  third  in  cigfo.  ana  third  In  tea,  aad 
oae  third  ia  eighteen  caleadar  mouths. 

Approved,  April  20, 1818. 

An  Act  to  incorpoisse  the  ColuiataisB  Insdtate,  Ik 
the  proBBOlion  of  arts  end  icienoss. 

Be  it  enacted^.,  That  Bdwai^d  Cutbuah,  An* 
drew  Hunter,  Thomas  Law,  Joseph  Anderson, 
Robert  Brent.  Overton  Carr,  Nathaniel  Gutting, 
Elias  B.  Oald well,  John  Law,  Roaer  C.  Weight- 
man,  William  Thornton,  Josiah  Meigs,  James  H. 
Blake,  Samuel  H.  Smith,  and  others,  composiag 
the  association  in  the  District  of  Columbia  de- 
nominated the  Columbian  Institute,  for  tbe  pro* 
motioa  of  arts  aad  sciences,  and  their  successors, 
duly  elected  in  the  manner  hereinafter  aieatloa* 
ed,  be,  and  tbey  are  hereby,  constituted  %pd  de^ 
ilared  to  be  a  body  poHtic  and  corporate,  by  the 
aaaie  and  title  of  ttie  Columbian  Insritace,  for  ^t 
promotion  of  arts  and  sciences. 

Sao.  2.  And  be  it  fwrther  ^n^uMt.  That  all 
and  sini^ular  the  goods,  chattelsL  and  effects,  here- 
tofore given,  granted,  or  devised,  to  the  said  Co- 
lumbian Institute,  for  the  promotion  of  aru  and 
sciences,  or  to  any  persoo  or  perseas  for  the  use 
thereof,  or  that  may  have  been  purchased  for,  or 
oa  aocaant  of  tHa  aatae  be^  and  the  aatd  g«lodt| 
chattels,  and  effeetS|are  hereby  vested  inandaoa- 
firmed  to  the  said  corporation  hereby  created; 
and  the  said  corporation  afe  hereby  authorixed 
and  empowered  to  take  and  receive  any  sum  or 
sums  of  money,  or  any  goods,  chattels,  or  efi^ts, 
of  any  kind  or  nature  whatsoever,  which  shall  or 
may  hereafter  be  given,  granted,  or  bequeathed 
unto  the  said  corporation,  by  any  person  or  per- 
sons, bodies  politic  or  corporate,  capable  of  mak- 
ing sach  gift  or  bequest :  Provided,  tdwaye,  That 

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APPENDIX. 


sm 


ProdUmuUion  by  ike  PretidetU. 


•Qch  money,  goods,  cbattdS)  or  effects,  be  laid 
oot  or  disposed  of  for  the  use  aod  benefit  of  the 
•aid  corporation,  according  to  the  intention  of  the 
donors. 

8bo.  3.  And  be  it  further  enacted,  That  the 
•aid  corporation,  hereby  created,  shall  have  full 
power  and  authority^  to  fill  all  vacancies  which 
may  happen  in  their  number ;  to  make,  ordain, 
establivhjand  execute  such  by-la  wsand  ordinances 
as  may  be  deemed  useAil  to  the  institution,  and 
the  same  to  alter,  amend,  and  abrogate  at  plea- 
aore;  to  make,  hare,  and  use  a  common  seal,  and 
the  same  to  break,  alter,  and  renewal  will;  toa|>- 
point  such  officers  as  may  be  required  for  the 
manageoMni  of  the  concerns  of  said  corporation, 
tad  to  assign  them  their  duties;  and,  generall]r, 
to  provide  for  the  transaction  of  all  bustaess  ap- 
partaining  (o  the  said  corporation:  Pronded, 
That  no  by-law,  rule,  or  ordinance,  of  the  said 
eornoratioa,  shall  be  made  repugnant  to  the  laws 
•f  the  District  of  Columbia. 

Sao.  4.  And  be  U  further  tnaeted^  That  the 
and  corporation  may  procure,  by  purchase  or 
•Cberwise,  a  suitable  building  for  the  sittings  of 
the  said  institution;  and  for  Ae  preservation  and 
aafekeeping  of  a  library  and  museum ;  and  also 
•  tract  or  parcel  of  land  for  a  botanic  garden,  not 
aseeeding  Aie  acres:  Presided,  That  the  amount 
ttf  real  and  personal  property  to  be  held  by  the 
•aid  corporation  shall  not  exceed  one  hundred 
thousand  dollars. 

Sec.  5.  And  be  it  further  enacted.  That  there 
shall  be  an  annual  meeting  of  tne  members 
of  the  said  corporation,  ar  such  time  and  place 
as  the  proper  officers  of  the  said  corporation 
mty  appoint,  of  which  due  notice  shall  be  given 
in  one  or  more  of  the  newspapers  published^  in 
the  District  of  Columbia;  at  which  time  and 
place  the  nnembers  present  shall  elect  or  choose, 
by  ballot;  the  officers  of  the  institution,  to  serve 
for  one  year  ensuing  their  election,  and  until 
others  shall  be  elected  and  consent  to  serve  in 
their  placea. 

Sac.  6.  And  be  it  further  enacted,  That  the 
•aid  corporation  shall  not  be  engaged  in  any  bank- 
ing or  commercial  operations;  and  the  coatinu* 
ance  of  this  charter  shall  be  limited  to  twenty 

{rears  from  and  after  the  passage  of  this  act.  on* 
ess  sooner  revoked  by  Congress. 
Approved,  April  20, 1B18. 


PROCLAMATION. 

Mif  the  Preeident  qfthe  United  States  <f  America. 

Whereas,  by  an  act  of  the  Lieutenant  Govern- 
or, Council,  and  Assembly,  of  His  Britannic  Ma- 
jesty's province  of  Nova  Scotia,  passed  in  the 
year  one  thousand  eight  hundred  and  sixteen  it 
was,  among  other  things,  enacted,  that,  from  and 
after  the  first  day  of  May,  of  that  year,  "no  plas- 

lton?5  K*i*"i  °^^^^^««  <^«"ed  gypsum,  which 
should  be  laden  or  nut  on  board  Toy  ship  or  ves- 
ael  at  any  port  or  pface  within  the  limiu  of  the 


said  province,  to  be  transported  from  theaee  to 
any  other  port  or  place  within  or  withont  the 
said  limits,  should,  directly  or  indirectly,  be  un- 
laden or  landedj  or  put  on  shore,  at  any  port  or 
place  in  the  United  States  of  America  eastward 
of  Boston,  in  the  State  of  Massachusetts,  nor  un- 
laden or  put  on  board  any  American  ship,  vessd, 
boat,  or  shallop,  of  any  description,  at  aifjr  port 
or  place  eastward  of  Boston  aforesaid,  under  the 
penalty  of  the  forfeiture  of  every  such  ship  or 
vessel  from  which  any  such  plaster  of  Pans,  or 
gypsum,  should  be  unladen  ccmtrary  to  the  pro- 
visions of  the  said  act,  together  with  her  boats, 
tackle,  apparel,  and  furniture,  to  be  seized  and 
prosecuted  in  manner  thereinafter  mentioned:^ 
And  whereas,  by  an  act  of  the  Congress  of  the 
United  States,  passed  on  the  third  day  of  March, 
one  thousand  eight  hundred  andsevenieeo,itwas 
enacted,  that,  from  and  after  the  fourth  day  of 
July,  then  next,  no  plaster  of  Paris,  the  produc- 
tion of  any  country,  or  its  dependencies,  from 
which  the  vessels  of  the  United  States  were  not 
permitted  to  bring  the  same  article,  should  be 
imported  into  the  united  Sutes  in  any  foreign 
vessel ;  and  that  all  plaster  of  Paris  imported,  or 
attempted  to  be  imported  into  the  United  States, 
contrary  to  the  true  intent  and  meaning  of  the 
said  act  of  Congrress,  and  the  vessel  in  which  the 
same  might  be  imported,  or  attempted  to  be  im- 
ported, together  with  the  cargo,  tackle,  appftreL 
and  furniture^  should  be  forfeited  to  the  United 
States,  and  liable  to  be  seized^  prosecuted,  and 
condemned  in  the  manner  therein  described; 

And  whereas,  by  the  said  act  of  Congress  it 
was  further  enacted,  that  the  same  should  con- 
tinue and  be  in  force  five  years,  from  the  thlny- 
first  day  of  January,  one  thousand  eight  hundred 
and  seventeen:  Provided,  neverihdeas^  That  if 
any  foreign  nation,  or  its  dependencies,  which,  at 
the  time  of  the  passage  of  the  said  act  of  Coa- 
gress,  had  in  force  regulations  on  the  subject  of 
the  trade  in  plaster  of  Paris,  prohibiting  Be  ex- 
portation thereof  to  ceruin  poru  of  the  United 
Slates,  should  discontinue  such  regulations,  the 
President  of  the  United  Sutes  was  thereby  au^ 
thorized  to  declare  that  fact  by  his  proclamation; 
the  restrictions  imposed  by  the  said  act  of  Con- 
gress should,  from  the  date  of  such  proclamatioii, 
cease  and  be  discontinued  in  relation  to  the 


tion  or  its  dependencies  discontinuing  such  rcM- 
lations: 

And  whereas,  an  act  of  the  Lieutenant  Goverttr 
or.  Council,  and  Assembly,  of  His  Britannic  Ma^ 
jesty's  province  of  Nova  Scotia,  repealing  the 
abovementioned  act  of  the  said  province,  passed 
In  the  year  one  thousand  eight  hundred  and  six- 
teen, has  been  officially  communicated  by  his  said 
Majesty's  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  this  Qovemment: 

And  whereas,  by  the  said  repealing  act  of  the 
said  province  of  Nova  Scotia,  one  at'  the  de- 
pendencies of  the  United  Kingdom  of  Gkeat  Brit- 
ain and  Ireland,  the  regulations  of  the  time  of  the 
passage  of  the  said  act  of  Congress,  in  force  in 
the  said  province  on  the  subject  of  the  trade  in 
plaster  of  Paris,  prohibiting  the  exporUtioa  there- 


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AFPBNDIX. 


260g 


RemltOumB^ 


of  to  certaiD  ports  of  the  United  Stttes,  faaTe  been 
snd  are  discontiDoed: 

Now,  therefore,  I,  James  Monroe,  President  of 
the  United  States  of  America,  do,  br  this,  mj 
proclamation,  declare  that  fact,  and  that  the  re- 
strictions imposed  bjr  the  said  act  of  Congress  do, 
from  the  date  hereof,  cease,  and  are  discontinaed, 
in  relation  to  His  Britannic  Majesty's  said  prov- 
ince of  NoTa  Scotia. 
Giren  under  my  hand,  at  the  City  of  Wash- 
ington, this  twenty-third  dar  of  April,  in 
the  year  of  our  Lord  one  tnousand  eight 
hundred  and  eighteen,  and  in  the  forty- 
second  year  of  the  independence  of  the 
United  States. 

JAMBS  MONROE. 
By  the  President : 

John  duiNcr  Adams, 

SecntatTf  of  Slate. 


RESOLUTIONS. 


BiMolnlion  Ibr  the  admission  of  the  State  of  MissisBippi 
into  the  Union. 

Whereas,  in  pursuance  of  an  act  of  Congress 
passed  on  the  first  day  of  March,  one  thousand 
eight  hundred  and  scTenteen,  entitled  *'An  act 
to  enable  the  people  of  the  western  part  of  the 
Mississippi  Territory  to  form  a  constitution  and 
State  p^overnment,  and  for  the  admission  of  such 
Sute  into  the  Union  on  an  equal  footing  with  the 
(^ginal  States,  the  people  of  the  said  Territory 
did,  on  the  fifteenth  day  of  AugusL  in  the  pre- 
sent year,  by  a  contention  called  for  that  pur- 
SMC,  form  for  themselves  a  constitution  and 
tate  government,  which  constitution  and  State 
government,  so  formed,  is  republican,  and  in 
eonformitv  to  the  principles  of  the  articles  of 
compact  between  the  original  States  and  the 
j^pie  and  States  in  4ho  Territory  northwest  of 
the  river  Ohio,  passed  on  the  thirteenth  day  of 
July,  one  thousand  seven  and  hundred  seventy- 
seven: 

Removed  by  the  Senate  and  Home  of  Repre^ 
untativee  qf  the  United  Statee  of  America  in 
Congreee  oeeenMed,  That  the  State  of  Missis- 
sippi shall  be  one,  and  is  hereby  declared  to  be 
one,  of  the  United  Sutes  of  America,  and  ad« 
mitted  into  the  Union  on  an  equal  footing  with 
the  original  States,  In  all  respects  whatever. 

Approved,  December  10, 1817. 


ted  States;  one  set  to  each  of  the  Heads  of  De- 
partments, to  the  Attorney  General  of  the  Uni- 
ted States,  to  each  of  the  Senators  and  Repre- 
sentatives, and  to  each  Delegategof  Territories, 
of  the  Fifteenth  Congress  ;  one  set  to  each  branch 
of  the  Legislature  of  each  State  or  Territory,  and 
one  to  each  of  the  Executives  of  the  several 
States  and  Territories ;  one  set  to  each  Univer- 
sity and  College  in  the  United  States ;  six  sets 
to  the  Secretary  of  the  Senate,  for  the  use  of  the 
Senate,  and  eighteen  sets  to  the  Clerk  of  the 
House  of  Representatives,  fbr  the  use  of  that 
House ;  and  the  residue  of  the  sets  of  the  State 
papers  and  documents  aforesaid  shall  be  deposited 
in  the  Library  of  Congress. 
Approved,  Deoember  23, 1817. 


aatboiitiag  the  distribution  of  certain  Pub- 
lie  Bocoments. 
Reeolved  6y  the  Senate  and  Houee  of  Repre- 
eentoHvee  of  the  Untied  Statee  of  America  in 
Congrem  aeeembledf  That  the  Secretary  of  State 
eause  to  be  distributed  one  sec  of  Stale  papers 
aftd  poblie  documents,  printed  by  T.  B.  *Wait 
ind  Sons,  in  pursuance  of  actsof  Uongress  here- 
tofore passed,  to  the  President  of  the  United 
Semes  $  one  set  10  clio  Tieo  President  of  the  Uni- 


A  Resolution  directfaig  the  distrtbution  of  certain  laws 
among  the  Members  and  Delegates  of  Territories  of 
the  Fifteenth  Congress. 

Resolved  by  the  Senate  and  Houee  of  Reprt^ 
eentativee  of  the  United  States  of  America  in 
Confreee  aeeembtetL  That  the  Secretary  of  State 
be  directed  to  distribute  copies  of  the  laws  of  the 
United  States,  published  by  Bioren  ^  Co.,  among 
the  Members  and  Delegates  of  Territories,  of 
the  present  Congress,  who  may  not  have  received 
the  same  in  pursuance  of  any  former  act  or  res- 
olution of  Congress. 

Approved,  December  23, 1817. 

Resolution  directing  the  procurement  of  certain  laws. 

Resolved  by  the  Senate  and  Home  of  Repre^ 
sentatives  of  the  United  States  of  America  in 
Congress  assembled^  That,  of  the  laws  passed 
at  the  first  and  second  sessions  of  the  Fourteenth 
Congress,  remaining  in  the  office  of  the  Secre- 
tary of  State,  thirty  cooies  be  by  him  deposited, 
in  the  office  of  the  Clerk  of  the  House  of  Kepre- 
sentatives,  and  fifteen  copies  in  the  office  of  the 
Secretary  of  the  Senate,  for  the  use  of  their  mas^ 
hers,  respectively. 

Approved,  January  22, 1818. 

Resolution  relatiTe  to  the  distribution  of  the  late  edi- 
tion of  the  Land  Laws. 
Resolved  by  the  Senate  and  Home  of  Repre- 
sentatives <f  the  United  St€aes  of  America  im 
Omgress  assembled^  That  the  copies  of  laws 
prepared  and  printed  under  the  authority  of 
the  act,  entitled  ^'An  act  to  authorize  a  new 
edition  of  ttie  collection  of  laws  respecting  the 
public  lands,''  shall  be  distributed  in  the  manner 
following,  that  is  to  say :  one  copy  shall  be  deliv- 
ered to  the  President  of  the  United  States,  th« 
Vice  President,  and  to  each  member  of  the 
Senate.  House  of  Represeautives,  and  Delegate 
from  Territories ;  fifteen  copies  shall  be  delivered 
to  the  Secretary  of  the  Senate,  and  thirty  copies 
to  the  Clerk  of  the  House  of  Representatives,  for 
the  use  of  said  Houses,  respectively ;  one  copy 
shall  be  delivered  to  each  of  the  Judges  of  the 

Digitized  by  VjOOQIC 


96W 


AFiWQ»^ 


2»m 


Stqirenc  Coort  aad  clerk  thertof,  to  etoii  oi  t|i« 
jfldses  of  the  disuict  oogrts^Sod  to  each  of  t^ 
•lerkfi,  marahal^  aad  attorneys  of  eacb  diatric4  ^ 

SI6  eopy  shall  ^  delWcrcd  to  the  fikcfelarf  of 
tate,  to  the  Secreiaf  y  of  th*  Tiettfttr? ,  lo  the 
Seoretary  of  War,  to  the  Secietarif  of  the  Navy, 
the  Aitoroey  Qeoeral,  to  the  Director  of  the 
Mint,  to  the  firai  aad  seeoad  Goi»ptrelkia  of  the 
Treataryi  to  the  firat,  aeeood,  third,  foorth«  aad 
^«h  Attditoft,  aad  Regieter  of  the  Treamiry ;  to 
t^*Treae«rer ;  to  the  Postoaatter  G^eaeral,  and 
the  two  AsBiatajit  Postmasteft  Qe«efal|  and  to 
the  Conmiisioaer  of  the  Qeaeral  Lead  Office; 
two  oopiet  ihall  be  delifered  to  the  Legislamrea 
of  the  several  States  and  Tenritorits,retpcctiveIv; 
and  ooe  copy  shaU  be  dejiveted  lo  tach  of  the 
Governors  or  the  several  States  and  Territories ; 
and  one  copy  shall  be  delivered  to  each  of  the 
jlidgea  of  th^  qoi^ru  of  tho  aeiwal  TerrUoriep  j 
oae  eopy  ahalL  be  deUv^^d  t^^  the-  giyveyor 
General  of  the  United  Stmm^  the  s«rv«yp»  of 
the  laadf  of  the  United  States  south  of  Tennes- 
see, to  the  surveyor  of  the  jM^blic  lands  in^  the 
northern  part  of  the  late  MiksiMippi  Territory, 
and  the  surveyor  of  the  nublic  lands  in  the  Ter- 
ritories of  Ilbnoisand  Missouri;  to  eacb  of  the 
principal  deputy  surveyors  o^e  copy ;  there  shall 
oe  delivered  ooe  copy  to  each  of  the  registers  and 
receivers  of  public  moneys  in  the  l^nd  offices 
established,  or  that  may  hereafter  be  established, 
in  the  several  States  and  Territories;  and  fi(\y 
copies  shall  be  placed  in  the  hands  of  the  Secre- 
Ury  of  the  Treasury,  to  be  distributed  among  the 
officiara  aad  clerks  in  his  depi^tiiieikt,^  as  he  B^ay 
think  oroper;  two  hundred  and  fifty  copies  shall 
be  pladed  iq  the  library,  and  remi^a  there  under 
^e  same  regulations  as  th^  other  laws  of  the 
enited  Sta^s ;  and  the  remainder  shaH  be  placed 
IB  the  library,  and  each  member  of  Congress 
hereafter  elected  shall,  so  lonff  as  any  remain, 
exehisive  of  the  two  hondred  and  fifty  copies 
beforemeatlonedi  be  entitled  to  one  eopy  at  the 
commencement  of  that  session  of  Congress  nezf 
«eceeeding  his  eieetioo. 
Approved,  March  9^  1818. 

Ri|sdation 


KigreiioM^mnbUd,  Thaf  uSSiSii^^ 
^^■1^,^  distuhuied  one  tat  of  State  Papers 
and  Public  Documents,  pointed  bv  T.  B.  Wajt 
^d  Bona,  m  purauanee  of  acu  of  Congresahare- 
tofore  passed.  M>  the  Chief  Josiie^Mid.  tqeach  of 
^Judges  of  the  $u|iceme  Co»rt  of  the  United 

Approved,  Mi^eb  18»  iSia 

Sa«>lttti(m  a^riang  the  trsosjpoitatioi^  of  certaiA 
doeuments  free  of  postefe, 
ifofoWj  biJ^  ^Senate  an^  Bme  qf  Rn^ 


Qmgreis  ms$$mided,  That  the  Membera  of  Cour 
gress,  the  Delegates  from  Territoriea,  the  Secf^ 
tary  of  the  Senate,  and  Cierfc  of  the  House  of 
Representatives  be,  and  they  are  herel^,  authOK*  ' 
iied  to  timasmit,  free  of  postage,  the  Message  of 
the  Presi4ei|t  of  the  United  States,  of  the  Tom* 
teenth  day  of  March,  one  thousand  eight  hnodred 
and  eighteeD,  and  the  documents  aecooipMif  iof 
the  same,  printed  by  order  of  the  Senate^  and  t)f 
order  of  the  Houae  of  Represeatativea,  to  aay 
post  office  withia  the  United  States  and  the  Tei^ 
ritoriea  thereof. 
Apt  roved.  Mafch  19, 18ia 

ResolntioiL  dlieetiDg  the  puUicaUon  and  £iCrib«itiQa 
of  the  Journal  and  Proceedin|^  of  the  Convantiea 
which  formed  the  present  Constilution  of  tha  Uailid 
Sutos. 

Resolved  &y  the  Sknaie  and  HouMt  <f  Repn* 
$etUative$  of  the  United  Staiet  of  America  w 
Congre$9  atsemblecL  That  the  Joornala  of  the 
Convention  which  formed  the  present  Cooscim- 
tion  of  the  United  Scales,  now  remaining  in  the 
office  of  the  Secretary  of  State,  and  all  acu  and 
pyroceedifigs;  of  that  Coi^vaajUoo,  which  ntm^  im 
the  possession  of  the  Qoiemnent  of  the  UnitM 
Sutes,  together  with  the  secret  journals  of  ^ 
acu  and  proceedings,  and  the  foreign  correapon; 
deoce  of  the  Congress  of  the  Uaited  States,  ijr«q^ 
the  first  meetioff  thereof  down  to  the  date  of  tj^ 
ratification  of  the  definitive  Treaty  of  Peace  k^ 
tween  Great  Britain  and  the  United  Sutes,iii  th«t 
year  seventeea  hundred  and  eighty-three,  exiocff^ 
auch  parta  of  the  said  foreign  correspoadeBoe  Uk 
Ibe  President  of  the  United  Sutea  may  deeoL^ 
Improper  at  this  time  to  puhlish.  And,  that  om 
thousand  copies  thereof  be  printed,  of  whioh,  qm 
copy  shall  he  furnished  to  ea^h  member  of  ti^ 
present  Congress^  and  the  reaidue  shall  reinyai^ 
aubieot  to  the  future  disposition  of  Congreaa. 
:    Approired,  Mi^oh  37, 1818, 

iResolution  dhrectin^  the  dlsCrihution  of  the  lawa  ef  ^ 
Fourteenth  Congress  among  the  Memban  of  dW 
Fiftapnth  Congress. 

Resetted  bu  the  SntaU  ati4  Hptm  </Bmm 
4eiUatfi9e9  ^tke  UniUd  States.  qT  AmeriS!^ 
Omgrem  assembled,  That  the  Secretary  of  thii 
Senate  and  Clerk  of  the  Kouae  of  IU(raeafa« 
tives  be  directed  to  procure  froan  the  oaeretM; 
'of  Sta^e  as  naa^iy  copies  of  the  laws  of  the  Foa»i 
teenth  Congress  aa ^11  be  necessary,  and  to  dis- 
tribute one  copy  thereof  to  each  Senator,  Repre- 
8enutive,and  Delegate  from  the  Territoriea,  of 

ltkH» Fiftseolh  Coi»giaM  who  hivaM  hMM  ««ii 
plied  therewith. 

Approved,  Mffch  ?7, 1818. 


BesohitiQB  difeelipg  the  Seoataiy  fl#  9laMoa  thaJTiN 
p«jtmeat  of  dtate  to  pniNura  aaladaxW  itmAm 
and  Resolutieaa  of  Cmigj^ae^  afiar  tJI^  chwof  ewm 


Digitized  by  VjOOQIC 


2001 


Asmmm^ 


2fim 


Rmbii!m$  and^JMi  itMi^tQ  flmit^^ 


MfMitm  of  th0  UnHed  SUOet  qf  America  in 
Ofmgrt9»^  mmmM^d^  Tbmx^  after  the  elese  of  eaek 
sfttBioa  of  CoDgre«8,  an  aiphabeiieal  index  of  the 
aelpiaiHl  joioireaoliitioiia  passed  at  the  pteeedioff 
seauoa  9baU  be  preparedi  prioted;  and  distributed, 
theiewitb,  uader  the  directioo  of  the  Secretary 
ftf  the  Departsaeat  of  States 
Approved,  April  3, 181B. 

Reeohition  reqoeating  the  PreeideDt  of  the  United 
Stmtee  to  preteat  a  Swerd  taOolonel  Richard  N. 
Johnaon. 

Resolved,  by  the  SenaU  and  Houee  of  Repre- 
eentativee  of  the  United  States  of  America  in 
Gmg^mfB  amembkdf  That  the  Praeidem  ef  the 
IMted  fitoatea  be  reqaeeted  la  preeent  ta  Colonel 
Mehard  M.  Johneoa  &  sword,  at  a  testimony  of 
the  high  sense  entertained  by  Congress  of  the 
dering  and  distio^sbed  Talor  displayed  hj  hlm- 
'self  and  the  regiment  of  Toluateers  nnoer  his 
epmrnandt  in  ebargiag^  and  eeseatially  ooiktribu* 
ting  to  Tan^ish,  the  conhiive4  Britisli  and  lo^ 
dian  forces  under  Major  Geikefal  Prootor,  on  tb^ 
Thames,  in  Upper  Canada,  oa  the  fifth  da^  of  Qc- 
tpber,  one  thousand  eight  hundred  and  thirteen* 

ApproTed,  April  4, 1818« 

BeaalatioBdiieetiogMedab  te  hestniek,  and,  together 
wit^  the  thanka  ef  Coogrtie,  preapsled  to  Major 
General  Hanrisop,  aad  Ooiveraor  BMlbf ;  aad  for 
after  p<npepa% 

JteotMd  by  ^k^  Smote  oimL  Bmee  of  Bepre* 
mmtimLB  of  ike  Vnifed  States  if  America  in 
Cbufwjat  lai^'WiWai,  That  the  ihaolre  of  Coagreee 
hai  «Dd  they  sr*  heitby,  preaeated  to  Bffbjor  Qeo- 
enl  William  Henrj  Harrieon,  aad  isaae  Sbelbf, 
late  QoYernor  of  KeotaekiTt  and,  through  them, 
to  the  officers  andmiB  vaoer  their  eo«aiuuid,for 


the 
joe 


their  i^Uantry  and  good  eondiiot  ia  deliMUing  t 
combined  British  and  Indian  forces  under  Ma^ 
General  Proetor,  on  the  Thames,  io  Uppee  Can* 
ada,  on  the  fifth  day  of  October,  one  thoveaad 
eight  hundred  aad  thirteen,  captQring  the  British 
armT,  with  their  baggage,  camp  equipage,  and 
artillery ;  and  that  the  President  of  the  United 
States  be  requested  to  cause  two  gold  medals  t» 
beatnioh,  enibtomatioal  of  this  triumph,  and  are* 
seated  to  General  Harrison,  and  Isaac  Shelby, 
late  Governor  of  Kentucky. 
Approved,  April  4, 161& 


e€ 
other> 


BeeohMien  diseottng  the  qomfletien  of  the  saifef 
the  watere  ef  the  Chesapeake  Baji  and  ibr  oti 
puipeeea* 

Rssdteed  by  the  Senate  and  Bmme  of  Repre- 
sentatives of  the  United  States  <f  America  in 
Congress  assembled,  Thai  the  President  of  the 
United  States  be,  and  he  hereby  is.  requested  to 
cause  to  be  resumed  and  completed,  the  surreye 
heretofore  commenced,  preparatory  to  the  estah^ 
lishment  of  two  naval  arsenals;  and  that  to  the 
naval  officers  em|>lof  ed  in  this  service,  officers  of 
the  corps  of  engineer^  be  joined,  with  inetrnc- 
tions  to  prepare  plans  of  the  fortifications  necee- 
sary  to  be  erected  for  the  defence  of  such  arsen*. 
als,  with  an  eetimate  of  the  expense  of  ereettag 
the  same.  And,  that  the  President  be  Airther  re- 
qjiested  te  cause  svch  a  survey  ef  the  Chesapeake 
Bay  to  be  made,  as  may  be  requisite  to  ascertain 
what  points  are  necessary  to  be  fortified  for  the 
peotaetmef  tboeoAnaernfrof  said  hnyinodn 
sepora  of,  thA.saPHV  i^ith  a  plai>  of  the  maefca^n0- 


tfi  ta  ha)  eaaale4  «Uh  ao  natimaia  of  the 
lae  of  tha>  snoae^  to  be  made  taOongifwin 


tlm  fiieewaek  ef  their' nest  easekm. 
Approved,  Aprif20, 16ta 


RESOLUTION  AND  ACTS 
Relatiwe  to  the  occupation  of  the  Floridas  by  the  United  Statee  of  America. 


■aaoLimoN. 

Taking  into  view  the  peculiar  situation  of 
Spain,  and  of  her  American  proTinces }  and  con- 
sidering  the  influence' which  the  destiny  of  the 
territory  adjoining  the  southern  border  of  the 
United  States  may  have  iipon  their  security,  tran- 
quillity, and  commerce :  Therefore, 

Resolved  by  the  Senate  and  Bouse  of  Repre- 
sentatives of  the  United  Statee  of  America  in 
Congress  assembled^  That  the  United  States,  un- 
der the  peculiar  circumstances  of  the  existing 
crisis,  cannot,  without  serious  inquietude,  see  any 
part  of  the  said  territory  pass  into  the  nands  of 
any  foreign  Power;  and  that  a  due  regard  to  their 
own  safety  eompeb  them  to  provide,  under  cer- 
tain oontingencies,  for  the  temporary  occupation 
of  the  said  territory;  they,  at  the  ume  time,  de- 


clare that  the  said  territory  shall,  in  their  handf| 
remain  subject  to  future  n«rotiation. 
Approved,  January  15, 1811. 

An  Act  to  enable  die  PMsident  of  the  United  States, 

under  certain  eontingencks,  to  take  posssssfan  of 

the  oountiy  lying  east  of  the  river  Perdido,  and  souA 

of  the  State  of  Georgia  aad  the  Mississippi  Teni- 

tory,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  Bouse  ef  Rep- 

resentatives  of  ths  United  States  of  America  m 

Congress  assembled,  That  the  President  of  the 

United  States  be,  and  he  is  hereby,  authorized  to 

take  possession  of,  and  occupy,  all  or  any  part  of 

the  territory  lying  east  of  the  river  Perdido,  and 

south  of  the  State  of  Georgia  and  the  Mississippi 

Territory,  in  cas«  an  arrangement  hat  been,  or 


Digitized  by 


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2908 


APPENDIX. 


26M 


Remihti&nM  and  AcU  rdoHve  to  Florida. 


shaU  be,  nude  with  the  local  aothoricy  of  the  said 
territory  for  deiiyeriog  up  the  possession  of  the 
same,  or  any  part  thereof,  Co  the  United  States, 
or  ia  the  OTent  of  ao  auempt  to  oeeupy  the  said 
territory,  or  anv  part  thereof,  by  aoy  foreign  Gk>T- 
emaent ;  and  be  may,  for  tne  purpose  of  takinff 
poestijion,  and  oecopying  the  territory  aforesaid; 
and  in  orMr  to  maintain  therein  the  author ity  of 
the  United  States,  employ  any  part  of  the  army 
and  naTy  of  the  United  States  which  he  may 
deem  necessary. 

Sac.  2.  And  be  it  further  enacted  That  one 
hundred  thousand  dollars  be  appropriated,  for  de- 
fraying such  expenses  as  the  President  may  deem 
naceesary  far  obtaining  possession  as  aforeeaid, 
and  the  security  of  the  said  territory,  to  be  ap- 
plied under  the  direction  of  the  President,  out 
of  aa|^  moneys  in  the  Treasury  not  otherwise  ap- 
propriated. 

Sac.  3.  Afid  be  itjurther  enacted.  That,  in  case 
possession  of  the  territory  aforesaid  shall  be  ob- 
tained by  the  United  States,  as  aforesaid,  that 
until  other  provision  be  maae  by  Congress,  the 
President  be,  and  he  is  hereby,  authorized  to  es- 
tablish, within  the  territory  aloresaid,  a  tempo- 
nry  goTernment«  and  the  tnilitary,  ci?il,  and 
jucQcial  powers  tnereof  shall  be  vested  in  such 
person  and  persons,  and  be  exercised  in  such 
nunner,  as  he  may  direct,  for  the  protection  and 
maintenance  of  the  inhabitants  of  the  said  terri- 
tory in  the  full  enjoyment  of  their  liberty,  prop- 
erty, and  religion. — Approved,  January  1&,  1811. 


An  Aet  eoocemiag  an  aet  to  enable  the  Pieaident  of 
Hm  United  States,  under  certain  oootingeudes,  te 
lake  poBsssrion  of  the  oeantiy  tying  east  of  the  river 
PeiMo^  and  south  ef  the  State  of  Georgia  and  the 
Miasiasippi  TenitoqF,  and  for  other  pufpeese,  and 
the  declaration  aecompaaying  the  same. 
Be  it  enacted,  fc^  That  this  act,  and  the  act 


passed  during  the  preaeat  aesaion  of  Congreaa, 
entitled  "An  act  to  enable  the  President  of  the 
United  States,  under  certain  contingencies,  to 
take  possession  of  the  country  lying  east  of  the 
river  Perdido,  and  sooth  of  the  State  of  Oeorgia 
and  the  Mississippi  Territory,  and  for  other  pur- 
poses," and  the  declaration  accompanying  the 
same,  be  not  printed  or  published,  until  tho  end 
of  the  next  session  of  Congress,  unless  directed  by 
the  President  of  the  United  Stat«^  any  law  or 
usage  to  the  contrary  notwithstanding. 
Approved,  March  3, 181L 


An  Aet  anthoriaing  the  Pieaidenl  of  the  United 
to  take  powassion  of  a  tract  of  eoontiy  lying  ao«th 
of  the  Miasissippi  Territoiy  and  weat  ^  t£i  rher 
Perdido. 

Be  it  enacted,  fc^  That  the  President  be,  and 
he  is  hereby,  authorized  to  occopir  and  bold  all 
that  tract  or  country  called  West  Florida^  which 
lies  west  of  the  river  Perdido,  not  now  in  poasea- 
sion  of  the  United  States. 

Sec.  2.  And  be  itjurther  enacted,  That,  for  tha 
purpose  of  occupying  and  holding  the  coan^ 
aforesfid,  and  of^aflfording  protection  to  the  in- 
habitants thereof,  under  the  authority  of  the  Uni- 
ted States^  the  President  may  employ  auch  parta 
of  the  military  and  naval  force  of  the  United 
States  as  he  may  deem  necessary. 

Sao.  3.  And  be  itjurther  enacted,  That,  foe 
defraying  the  nfceaaary  ezpenaes,  tweniv  thoo- 
sand  dollara  are  hereby  appropriated,  to  be  paid:, 
out  of  any  moneys  in  the  Treasury  noc  otkat- 
wise  appropriated,  and  to  be  applied,  for  the  p«r* 
poses  aforesaid,  under  the  direction  of  tha  Pr 
dent. 

Approved,  Fabntary  IS,  1818. 


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TO   THE   FIRST   8BSSI0N  OF   THE  FIFTEENTH   CONQRESS. 


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INDEI 


TO   THE    PROCEEDINGS    AND    DEBATES    OP  THE  FIRST  SESSION   OP 
THE    FIFTEENTH    CONGRESS. 


SENATE. 


A.  Ptg«. 
Akoni,  Joseph,  Mr.  Barrill  presented  the  peti- 
tion of,  referred 32 

that  committee  diseharg^,  tnd  the  petition 
referred  to  another         ....      35 
Adlnn,  John,  Mr.  Goldsborongh  presented  the 

petition  of,  referred        -        •        -        .215 
an  adverse  report  thereon  ....    260 
read,  and  concurred  in       -        -        .        >    263 
African  Slave  Trade,  Mr.  Barrill  submitted  a 

resolution  on  the  subject  of    -        -        -71 
agreed  to,  and  resolution  referred       -        -108 
Agents  to  Indian  Tribes,  ^.,  Mr.  Campbell 
eabmitted  a  resolution  respecting  the  ex- 
pediency of  nominating,  to  the  Senate, 

Ac 84 

amended,  agreed  to,  and  referred       *        -       92 
a  bill  directing  the  manner  of  appointing, 

read 116 

read  a  second  time 120 

ordered  to  a  third  reading  ...     132 

read  a  third  time,  and  passed     ...     187 
returned  from  the   House  of  Representa- 
tives with  amendments  ....    343 
Senate  disagreed,  and  asked  a  conference    346 
to  which  the  House  of  Representatives  as- 

eented,  and  managers  were  appointed    •    349 
report  of  the  managers     -        .        .        .    363 
tM  Senate  disagreed  to  a  part  of  the  recom- 
mendation of  the  managers,  and  agreed 
to  another  part  thereof  ....    364 
the  House  o(  Repre:$entatives  receded  from 

the  amendment  disagreed  to  -        -        •    366 
Mr.  Campbell  submitted  a  resolution  rela- 
tive to  the  salaries  of     -        -        -        -     164 
agreed  to,  and  referred      -        -        -        -     167 
Mr.  Williams  submitted  a  resolution  arising 

for  the  names  of 167 

agreed  to,  and  committee  accordingly  ap- 
pointed   168 

a  Message  from  the  President  transmitting 

a  list  of 367 

A&man,  Samuel,  a  bin  from  the  House  of  Rep- 
resentatives for  relief  of,  read  -        -      69 
read  a  second  dme,  and  referred        >        -      72 
reported  with  an  amendment    ...      79 
ordered  to  a  third  reading  as  amended        .      81 
read  a  third  time,  and  passed  as  amended  -      84 
Akbama  Territory,  a  bill  respecting  the  survey- 
ing and  sale  of  public  lands  in,  read      -    226 

read  a  second  time 228 

ordered  to  a  third  reading  ...    269 

read  a  third  time,  and  passed     •  -    270 

1 5th  Con.  1st  Sess.— A 


Alabama  Territory — conttnned.  Page, 

a  memorial  presented  from  the  Legislature 
of,  remonstrating  against  the  extension  of 
the  limits  of  the  State  of  Mississippi, 

read 242 

another  memorial  from  the  same,  praying  to 
be  invested  with  power  to  incorporate 
certain  companies,  referred  to  a  select 

eemmittee 228 

said  committee  discharged         ...    388 
a  bill  from  the  House  of  Representatives 
concerning,  read    .        .        .        •        •    301 

read  a  second  time 307 

ordered  to  a  third  reading  ....     813 
read  a  third  time,  and  passed     ...     8^40 
Alien  Dutiee,  a  bill  to  authorize  the  Secretary  of 
the  Treasury  to  repay  or  remit  certain, 

read 260 

read  a  second  time 963 

ordered  to  a  third  reading  ...    268 

read  a  third  time,  and  passed     ...    270 
Allen,  Andrew,  a  letter  from,  presenting  a  copy 
of  the  first  Message  of  President  Monroe, 
printed  on  gilt  leather,  read    ...      67 
Allison,  Rev.  Burgess,  notice  of  the  election  of, 
aa  Chaplain  by  the  House  of  Represents 

atives 24 

Amelia  Island,  a  Message  from  the  President  on 

the  subject  of Ill 

American  Bible  Society,  Mr.  Sanford  presented 

the  petition  of  the,  referred    .        -        -      66 
the  committee  discharged  •        -        -        -    341 
American  Manufactures,  Mr.  Lacock  preeented 
the  memorial  of  the  Philadelphia  Society 
for  the  promotion  of,  referred  -        -     176 

Ames,  David,  and  others,  Mr.  Ashmun  presented 

the  petition  of,  referred  ....     109 
Amory,  Jonathan,  and  others,  a  bill  from  th« 
*     House  of  Representatives  fbr  relief  of, 

read  twice,  and  referred  ...    368 

reported  without  amendment     ...    360 
ordered  to  a  third  reading  ...    877 

read  a  third  time,  and  passed     •        -        -    379 
Anderson,  John,  a  bill  from  the  House  of  Rep- 
resentatives for  relief  of,  read  a  first  and 
second  time,  and  referred       -        -        -      78 
reported  without  amendment     ...     109 
referred  to  the  Committee  of  Claims  -        -     302 
another  bill  from  the  House  of  Representa- 
tives of  the  same  title  read  twice,  and  re- 
ferred to  the  same  committee  -        -    346 
reported  without  amendment     ...    367 
a  third  reading  negatived  .        -        -        -    366 

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INDEX. 


IV 


Senate  Proceediiigs  and  Debates. 


Page. 
Annapolis,  Mr.  Goldsborough  submitted  a  reso- 
lution  requesting  the  President  to  add,  to 
the  harbors  named  in  the  resolution  con- 
cerning arsenal  ports     ....    300 
the  resolution  was  agreed  to      -  *     •        -    307 
Appropriations,  a  bill  from  the  Honae  of  Repre- 
sentatives supplementary  to  the  several 
acts  making, for  service  of  1818,  read  twice    884 
read  a  third  time,  and  passed     ...    389 
Armories,  Mr.  Wilson  submitted  a  resolution  of 
inquiry  as  to  the  number  of  arms  and  ac- 
coutrements manufactured  at  the  several     160 
agreed  to,  and  a  committee  appointed        -     163 
a  Message  from  the  President,  with  the  re- 
port of  the  Secretary  of  War  in  reply     -    217 
Army,  a  bill  from  the  House  of  Representatives 
respecting  the  organixatioQ  of  the,  read 

a  and  referred         ,        .        .        .    346 
with  amendments         ...    364 
to  a  third  reading,  as  amended       -    380 
read  a  third  time,  and  passed     ...    687 
Army  Register,    the   Secretary  of  War    sent 

copies  of  the,  for  the  Senate  -        -        -      78 
Arrearages,  a  hill  from  the  House  of  Bepreeenta- 
tives  making  appropriation  lor  the  pay- 
ment of,  read 120 

lead  a  second  time,  and  referred        -       -     129 
reported  with  amendments,  and  ordered  to 

a  third  reading 137 

read  a  third  time,  and  passed  as  amended  -     160 
Arrival  of  Mails,  Mr.  Slorer  submitte4  a  resolu- 
tion of  inquiry  as  to  the  canses  that  pre- 
vent the  due  .....    266 
agreed  to,  and  referred  accordingly    -        -    268 
Arsenal  Ports,  Mr.  King  submitted  a  resolution 
requesting  the  President  to  cause  to  l^ 
made  surveys  of  certain  harbora,  for  the 
purpose  of  fixing  on  two  or  more  suitable 
stations  for    -        -        •        •        .        .    268 
amended,  and  agreed  to     •        -        .        .    270 
Ashmun,  Eli,  of  Massachusetts,  took  his  seat    -      24 
Austin,  Major  Loring,  and  George  R.  WeUs,  a 
bill  from  the  House  of  Representatives  for 
relief  o^  read  a  first  and  seoend  time,  and 

referred 343 

reported  without  amendment     ...    360 
ordered  to  a  third  reading  ...    377 

read  a  third  time,  and  pasaod     •        .        •    379 
Atttlnotication  of  acts,  records,  dtc,  of  the  re- 
q>ective  States,  Mr.  CampbeU  submitted 
a  resolution  respecting  the     -        •        -    228 
agreed  to,  and  referred  to  the  Judiciary 

Committee 231 

a  report  of  inexpediency    ....    277 
considered  and  concurred  in      -        -        -    286 

B. 
Bailey,  Dsvid,  Mr.  Smith  presented  the  memo- 
rial of,  referred 212 

adverse  report  thereon       ....    224 
considered  and  concurred  in       -        .        -    226 
Baker,  Stephen.— (See  MUUrt  Thoinas.) 
Bank  of  the  United  States,  a  memorial  of  the 

President,  ^c,  of  the,  read,  and  referred  147 
report  thereon  read,  and  recommitted  -  347 
a  bill  supplemental  to  the  act  to  Incorporate 

the,  twice  road 362 

ordered  to  a  third  reading  -        -        .        .     362 
read  a  third  time,  and  passed     ...     365 


Psge. 

Bankruptcies,  Mr.  Daggett  submitted  a  resolu- 
tion on  the  subject  of     -        -        -        -      27 
amended,  agreed  to,  and  referred       -        -      38 
Mr.  D.  also  presented  the  memorial  of  the 
Philadelphia  Chamber  of  Commerce,  con- 
cerning -        -        .     •   -        -        -      64 
a  bill  from  the  House  of  Representatives 
making  provision  for  supplying  vacancies 
in  the  commissions  of,  read    -        .        -     18S 
read  a  second  time,  and  referred        •        -     134 
the  committee  discharged  -        -        .        -    281 
Barbour,  Mr.,  speech  o^  on  his  resolution  tondi- 

ing  internal  improvement       -        -        -      22 
on  his  resolution  to  present  a  sword  to  Col- 
onel R.  M.  Johnson       -        -        -        -    dOt 
on  the  Navigation  bill        -        -        .        -    813 
Bate,  John,  a  bill  from  the  House  of  Representa- 
tives for  relief  of;  read    -        •        -        •    286 
read  a  second  time,  and  referred        -        -    291 
reported  without  amendment     -        .        .    S94 
read  a  third  time,  and  passed     -        -        -    296 
Bath,  a  bill  from  the  Honse  of  RepiesaotaliTes 
establishing  a  port  of  entry  at,  read  twice, 

and  referred 370 

reported  without  amendment     -       -        .    376 
ordered  to  a  third  reading  ....    ^jg% 
read  a  third  time,  by  consent,  andjpaased  -    382 
Bayly,  Monntjoy,  on  motion  of  Mr.  Tichenor, 

authorized  to  employ  an  assistant,  dec   -      11 
Beaumarchais,  a  Message  from  the  Prosideat, 
with  sundry  papera,  calling  the  attention 
of  the  Senate,  dec,  to  the  claims  of  the 

heirs  of         > us 

referred  to  the  Committee  on  Finance        -     139 
said  committee  discharged  ...     i((i 

papers  referred  to  a  select  committee  .     162 

the  same  discharged  ....     339 

Beck,  Paul,  and  Thomas  Sparks,  Mr.  Roberts  pre- 
sented the  memorial  oi^  referred     -        •      111 
the  committee  discharged  -        ...     igi 
Beldiog,  Godfrey  H.,  Mr.  Taylor  presented  the 

petition  of,  referred        -        .        .        -     164 
adverse  report  thereon       ....     268 

considered,  and  concurred  in     -        -        -     266 
BelfasL    (See  Bath,  in  the  bill  for  which  it  is 

included.) 
Bell,  George,  on  motion  of  Mr.  Sanford,  the  Com- 
mittee on  Pensions  were  instraoted  to 
inquire  into  the  expediency  of  placing,  on 
the  list  of  pensions         ....     393 

the  committee  discharged  ....     387 

Bennett,   Weaver,   Mr.   BurriU  presented  the 

petition  of,  referred         ....      32 

adverse  report  thereon       ....       73 

considered,  and  concurred  in      •        -        -    243 
Berry,  Benjamin,  a  bill  from  the  House  of  Rsp- 
resentatives  for  the  relief  o£,  read  twice, 
and  referred  ......     35$ 

reported  without  amendment     ...     3i0 
ordered  to  a  third  reading  ....     377 

read  a  third  time,  and  passed     ...     379 
Bevan,  Joseph,  Mr.  Troup  presented  the  petitioA 

of,  referred    ......     109 

adverse  report  thereon       ...         .186 

considered,  and  concurred  in     -        -         <«     187 
Biddle,  Charles,  Mr.  Lacock  presented  the  peti- 
tion of,  referred      .....    230 

committee  discharged,  and  petition  referred 
to  the  Committee  of  Claims    ...    230 


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VI 


Senate  Proceedings  and  Debates, 


Page. 


349 
350 
382 
391 


306 
309 

857 


Birdsall,  Benjamin,  and  WiUiam  6.  Foster,  a  bill 
from  the  House  of  Representatites  for  the 
relief  of,  read          -        -        .        -        . 
read  a  second  time,  and  referred 
reported  withoat  amendment     ... 
read  a  third  time,  and  passed     ... 
Bogert,  John  G.,  Mr.  King  presented  the  peti- 
tion of,  referred 829 

a  bill  for  the  relief  of,  read         ...    272 

read  a  second  time 278 

ordered  to  a  third  reading  ....     293 

read  a  third  time,  and  passed     ...    295 

Boundary  Lino,  a  bill  to  establish  the,  between 

the  8tate  of  Mississippi  and  Territory  of 

Alabama,  read       ..... 

read  a  second  time    ..... 

Bounty  to  Fishing  Vessels,  a  bill  concerning  the, 

read 

read  a  second  time 200 

ordered  to  a  third  reading  ....    279 
read  a  third  time,  and  passed      ...    2S7 
Bowie,  Belinda,  Mr.  Sanford  presented  the  peti- 
tion of,  referred 260 

adverse  report  thereon       ....    264 
considered,  and  concurred  in     -        -        -    266 
Brady,  James,  Mr.  Lacock  presented  the  peti- 
tion of,  referred      .....    278 
committee  discharged        ....    386 
Brent,  Daniel,  and  others,  (clerks,)  Mr.  Eppes 
presented  the  petition  of,  read 
(See  Clerks.) 
Brevet  Officers,  a  bill  to  regulate  the  pay  and 
emoluments  of,  read       -        f 
read  a  second  time    -        •        . 
ordered  to  a  third  reading  - 
reported  without  amendment     - 
ordered  to  a  third  reading  - 
read  a  third  time,  and  passed    - 
Brevet  jPank,  Mr.  Daggett  submitted  a  resolu< 
tion  to  abolish        ... 
amended,  and  referred  to  the  Military  Com- 
roittee  to  inquire  into  the  expediency  of 
abolishing      .... 
Briggs,  Isaac,  Mr.  Dickerson  presented  the  me< 
morial  of,  referred  ... 
a  bill  for  the  relief  of,  read 
read  a  second  time    ... 
ordered  to  a  third  reading  - 
read  a  third  time,  and  passed     - 
returned  from  the  House  of  Representatives 
with  an  amendment,  non-concurred  in  - 
Brobson,  James,  Mr.  Van  Dyke,  presented  the 
memorial  o^  referred 
adverse  report  thereon 
considered,  and  conci^red  in 
Brooks,  John,  Mr.  Ruggles  presented  the  peti< 
tion  of,  referred      .... 
adverse  report  thereon  concurred  in 
Broutin,  Narcissus,  and  others,  a  bill  from  the 
House  of  Representatives  for  relief  o(  read 
read  a  second  time,  and  referred 
reported  with  amendments        ... 
ordered  to  a  third  reading  .... 
read  a  third  time,  and  passed  as  amended  - 
Brown,  Samuel,  Mr.  Ruggles  presented  the  peti- 
tion of,  referred 62 

an  adverse  report  thereon  ...    376 

considered  and  concurred  in      •        -        -    379 


364 


212 
214 
227 
239 
274 
279 

164 


165 

115 
130 
132 
134 
137 

367 

93 
174 
213 

343 
362 

286 
292 
307 
312 
340 


Page. 

Brown,  John,  8r.,  Mr.  Ruggles  presented  peti- 
tion of,  referred 67 

adverse  report  thereon       •        -        -        -      83 
considered  and  concurred  in       -        -        -      90 
Brown,  Major  General  Jacob,  a  bill  from  the 
House  of  Representatives  for  relief  of, 
read  twice,  and  referred  ...    343 

reported  with  amendments        ...    d49 
read  a  third  time,  and  passed  as  amended  -    860 
Brown,  Frederick,  a  bill  from  the  House  of  Rep- 
resentatives for  the  reKef  of,  read  -        -    349 
read  a  second  time    -        -        -        .        .    350 
amended,  and  ordered  to  a  third  reading     •    365 
indefinitely  postponed       ....    391 
Brunswick,  Georgia,  a  bill  concerning  the  district 

of,  read 116 

read  a  second  time 120 

ordered  to  a  third  reading  -        .        •132 

read  a  third  time,  and  passed     ...     137 
BuUen,  Joseph,  Mr.  Williams,  of  Mississippi, 

presented  the  ^petition  of,  referred  • ,  •  66 
the  committee  discharged  ...    386 

Bunnell,  Cata,  Mr.  Roberts  presented  the  peti- 
tion of,  referred     -        -        -        .        .231 
abillforrelief  of,  read       ....    240 

read  a  second  time 256 

ordered  to  a  third  reading  ...    278 

read  a  third  time,  and  passed    ...    287 
Burnett,  Daniel,  Gibson   Clark,  and  the  legal 
representatives  of  Hubert  Rowell— a  bill 
from  the  House  of  Representatives  for  the 

relief  of,  read 286 

read  a  second  time,  and  referred  -  -  292 
reported  with  an  amendment  ...  294 
ordered  to  a  third  reading  ...    299 

read  a  third  time,  and  passed  as  amended  -    301 
Burrill,  Mr.,  remarks  of,  on  his  resolution  con- 
cerning the  African  slave  trade       -  74^76 
speech  of,  in  support  of  the  same      -        •      95 
Business,  committees  appointed  under  the  22d 

and  42d  rules  for  conducting  -        -      11 

a  resolution  from  the  House  of  Representa- 
tives for  a  joint  committee  to  consider  and 
report  what,  ought  to  be  attended  to  before 
adjournment,  agreed  to  ...    S08 

report  of  said  committee  ...    340 

Byington,  Abraham,  a  bill  from  the  House  of 

Representatives  for  relief  of,  read  -  -271 
read  a  second  time,  and  referred  -  -  272 
reported  without  amendment  ...  286 
ordered  to  a  third  reading  ...    295 

read  a  third  time,  and  pMsed    .        .        .    298 
C. 
Campbell*  George  W.,  of  Tennessee,  took  his 

eeat 20 

remarks  o^  on  the  resolution  respecting  the 

African  slave  trade         •        -        •        -      76 
a  letter  from,  stating  that  he  had  resigned 
his  seat  in  the  Senate    -    '    -        -        .    385 
Campbell,  Samuel,  and  others,  Mr.  Sanfbrd  pre- 
sented the  petition  oi^  referred        •        .      92 
the  committee  discharged  ....     161 
Canans,  Shubal,  Mr.  Ruggles  presented  the  me- 
morial of,  referred  -        ...        -    269 
(See  Dequindue,  Louis  and  Anioine*) 
Cape  Vincent,  a  bill  from  the  House  of  Repre- 
sentatives to  establish  a  port  of  entry  at, 
read  twice  and  referred  -        -        •        .    343 


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SeuaU  Proceeding9  and  Debale§. 


Ctpe  Vincent — continued.  Page, 

reported  without  amendment  ...  366 
ordered  to  a  third  reading  ....  366 
read  a  third  time,  and  passed      ...    369 

Ciarter,  Landon,  Mr.  Williams,  of  Tennessee, 

{presented  the  petition  of  the  heirs  o(  re- 
erred    ------ 

a  bill  for  the  relief  of  the  heirs  of,  read 
read  a  second  time,  and  ordered  to  a  third 

reading  .        -        - 

read  a  third  time,  and  passed 
leave  granted  to  withdraw  the  papers  in  the 
case      ------- 

G^Ttlier,  Anthonj,  and  Peter  Petit,  the  petition 
of,  presented  at  the  last  session,  was  reier< 
red  to  the  Committee  on  Public  Lands 
a  bill  confirming  the  claims  of,  to  a  ir^ci  of 

land,  read 
read  a  second  time,  and  ordered  to  a  third 

reading  -        -        . 

read  a  third  time,  and  naased 
Certain  crimes  sgainst  the  United  States,  a  bill 
from  the  House  of  Representatives  in  ad- 
dition to  the  act  to  punish,  read 
read  a  second  time,  and  referred 
morted  with  amendments 
ordered  to  a  third  reading 
T^d  a  third  time,  and  passed  as  amended 
t|ie  House  of  Representatives  dissgreed  to 

one  amendment     .        -        - 
the  Senate  receded  frpim  the  same 
Certain  Laws,  a  resolution  for  the  procurement 

of,  read  twice 
Certificates,  a  biU  from  the  House  of  Represent- 
atives to  autboriaie  the  payment  of  cer- 
tain, read      -        -        .        - 
rfad  a  second  time,  and  referred 
i!9ported  without  amendment    - 
ordered  to  a  third  reading 
retd  a  third  time,  and  passed      - 
Chaplains,  on  motion  of  Mr.  Tichenor  a  resolu' 
tion  for  the  appointment  of  two,  of  differ 
ant  denominations,  was  i^ireed  to 
a  message  from  the  House  of  Representa 
lives  that  they  concur  in  the  same 
OMMpn,  Anthony,  Mr.  Roberts  presented  the 
petition  of,  referred         .        -        .        . 
Chesafjieake  Bay,  a  resolution  from  the  House 
of  Representatives  for   completing    the 
survey  of  the,  twice  read,  and  referred  - 
reported  without  amendment    ... 
ordered  to  a  third  reading  ... 

read  a  third  time,  and  passed  .  - 
Claims,  appointment  of  the  standing  commit- 
tee of- 
dark,  Asael,  the  petition  of,  referred        '•      .  - 
a  bill  for  the  relief  of,  read 


60 

61 
63 

386 


356 

311 

346 
3f7 


294 
307 
860 
861 

384 
38G 

90 


371 
272 
311 
347 
349 


11 


21 


-     220 


351 
357 
877 
380 

26 
240 
260 


read  a  second  time 263 

ordered  to  a  third  reading  .        -        -        .    268 
Clark,  Gibson.    (See  Burnett,  Danieiy  ^e.} 
Clay,  Henry,  a   message  from   the   House  of 
Representatives  that  they  have  elected, 

Spei^ker         - 

Clerka,  report  from  the  Secretary  of  War,  of 
the,  employed  in  his  Department  - 
report  from  the  Secretary  of  the  Treasury, 

of  the,  employed  in  his  Department 
a  bill  from  the  House  of  Representatives  to 
regulate  and  fix  compensation  of,  read     - 
read  a  third  time,  and  passed     ... 


11 


139 

161 

384 
390 


Page. 


CMord«  Thomas  and  John,  and  othora,  a  bil 
from  the  House  of  Repnaentalivea  for 
relief  oi^  read        ..... 

read  a  second  time,  and  refonred 
reported  without  amendment    ... 
ordered  to  a  third  reading  ... 

read  a  third  time,  and  passed    ... 
Coasts  of  the  United  Sutes,  Mr.  Storer  submit- 
ted a  resolution  of  inquiry  concerning  the 
progress  made  in  the  survey  of  the 
amended,  and  agreed  to    -        -        - 
a  message  containing  reports  in  reply 
another  messsge  on  the  same  subjeci         • ,  Mft 
a  bill  to  repeal  part  of  the  act  for  aurvejlng 
the,  read        --....    sn 

read  a  second  time   -        -        -        .        •    841 
ordered  to  a  third  reading-        -        •        «    818 
read  a  third  time,  and  passed    -        .        . 
Collection  of  Customs,  a  letter  from  the  Seore- 
Ury  of  the  Treasoiy,  with  a  sUleaieiit 
of  the  pay  and  emoluments  of  persona 
employed  in  the    - 
Columbian  Institute,  a  bill  from  the  House  of 
Representatives  to  incorporate  th«,read 
twice,  and  refened         .... 

reported  without  amendment     ... 

amended,  and  read  a  third  time 

Columbian  Insurance  Company,  a  bill  from  tho 

Houee  of  Representatives  to  incorporate 

the,  read        ...... 

read  a  second  time,  and  referred 
reported  with  amendments        -        .        . 
ordered  to  a  third  reading  -        -        -        • 
read  a  third' time,  and  passed  as  amended  • 
Colvin,  John  B^  Mr.  Morrow  presented  the  pa- 

tition  of,  referred   -        .        .        .        .     174 

committee  discharged        -        -        -        .     340 
Commerce   and    Manufactures,  appointment  of 
the  standing  committee  on     ... 
Compensation,  a  bill  from  the  House  of  Repre- 
sentatives concerning,  to  members,  read 
read  a  second  time    -        -        -        -        . 

amended,  and  ordered  to  a  third  reading    - 
read  a  third  time,  and  passed  as  ^LOiended  - 
Mr.  Campbell  presented  the  instroctions  of 
the  Legislature  of  Tennessee,  concerning 
Congress,  a  resolution  from  the  House  of  Rep- 
resentatives for  the  temporary  adjourn- 
ment of,  read  three  times,  by  consent, 
and  passed    ---.-. 
another  resolution  from  the  House  of  Rep- 
resentatives for  adjournment  of  the  let 
session  of  the   15th  Congress,  (appoint- 
ing a  joint  committee)   -        -        .        . 
read  three  times,  concurred  in,  and  a  joint 
committee  appointed-     -        .        -        . 
the  committee  report  a  resolution  fixing  a 
day  for  adjournment  of,  read  -        .        . 
read  a  second  time    -        -        -        .         .     358 
indefinitely  postponed        ....     301 

a  resolution  from  the  House  of  Representa- 
tives of  the  same  tenor,  read  •        -        .    366 
read  a  second  time    -        -        -        .        .     258 


811 
841 
868 
868 

89f 


162 
165 
175 


849 


m 


858 
879 
383 


89 
98 

166 
167 


3e 

89 
93 
94 

I6!l 


66 


338 
339 


340 


amended,  read  a  third  time,  and  passed 
a  bill  from  the  House  of  Representatives  &Xj 
ing  the  time  for  the  next  meeting  o(  reaa 
read  a  second  time  -  -  -  .  . 
ordered  to  a  third  reading  ... 

amended,  read  a  third  time,  and  passed    - 


398 


364 
869 


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a 


INDEX. 


Senate  Proteedinge  ctnd  Debates. 


ConstitotioD,  Mr.  Dickeraon  pretentod  a  resolu- 
tion and  instrnctioBi  from  the  Legislatnn 
of  New  Jersey  relative  to  an  amendment 

of  the,  read 66 

read  a  second  time,  and  referred        -        -      67 
ordered  to  a  third  reading  ...    329 

negatived 349 

Mr.  Macon  presented  a  simitar  resolution, 

&c.,  from  North  Carolina,  refttred         -     114 
reported  with  amendments        -        -        -    186 
resolutions  and  instructions  from  the  Legts- 
lature  of  Tennessee,  received  and  entered     170 
Contracts,  report  of,  made  by  the  Navy  Depart- 

ment  "---.-.83 
ditto  from  the  War  Department  -        -     131 

ditto  from  the  Postmaster  General     -        -     167 
Controversies,  between  two  or  more  Stotes,  a  bill 

concerning,  read 252 

read  a  second  tim6 278 

indefinitely  postponed        ....    307 
Courthouse,  jail,  &c.,  in  Alexandria,  a  bill  frdm 
the  House  of  Representatives  to  provide 
for  the  erection  of  a,  read       -        -        -    271 
read  a  second  time,  and  referred      -        •    272 
reported  without  amendments    ...    29C 
ordered  to  a  third  reading         ...    299 
Creek  Indians,  a  bill  from  the  House  of  Repre- 
■enUtives  for  the  relief  of  ceruin  friendly, 

'••d 811 

read  a  second  time,  and  referred  -        .    343 

reported  with  amendments        -      ' .        .     868 
ordered  to  a  third  reading  .        .        .881 

read  a  third  time,  and  passed  ...  387 
Creen,  Adam,  the  Committee  of  Pensions  were 
instructed  to  inquire  into  the  expediency 
of  placing,  on  the  litt  of  pensionen  -  396 
Crittenden,  John  J.,  appointed  a  Senator  by  the 
Legislature  of  Kentucky,  was  qualified, 
and  took  his  seat  ....        9 

OtIBberland  Road,  a  bill  from  the  House  of  Rep- 
resentatives   making  further  appropria- 
tions for  the  construction  of  the,  reiMl*  -    808 
read  a  second  time,  and  refbnred        -        .    309 
reported  without  amendment     -  .    340 

ordered  to  a  third  reading  ...    348 

read  a  third  time,  and  pasted  ...    349 
Cnmming,  Joseph,  administrator,  Mr.  Troup  pre- 
sented the  petition  o^  referred        .        .      70 
adverse  report  thereon      *        .        .        .131 
considered  and  concurred  in     -        -        -     188 
Culling,  Nathaniel,  Mr.  Eppea  presented  the 

petition  of,  referred  -  -  .  .  80 
adverse  report  thereon  -  -  -  -  93 
considered  and  concurred  in      -        -        -HI 

D. 

Dabney,  John  B.,  a  bill  from  the  House  of  Rep- 
resenUtives  for  relief  of,  read  twice,  and 
referred         ......    867 

reported  without  amendment    ...    377 
read  a  third  time,  and  passed     ...    383 
Dana,  Edward,  Mr.  Sanford  presented  the  peti- 
tion of;  referred      -        .        .        .        .68 

adverse  repori  thereon      -        -        .        .      80 

^^  considered  and  concurred  in      -        -        -      88 

Dtna,  Samuel  W.,  took  his  seat       -        -        -     861 

DAniel,  William,  a  bill  from  the  House  of  Rep- 

resentatives  concerning  the  legal  repre- 

•entatives  of 381 


Daniel,  William — continued.  P*gv* 

read  a  first  time  .  .  .  ^  .  291 
read  a  second  time,  and  referred  -  .  391 
reported  without  amendment  ...  294 
indefinitely  postponed  -  -  .  .  309 
Davis,  John,  Mr.  Morril  presented  the  petition 

of,  referred     ---...      67 
adverse  report  thereon       ....    280 
road  and  concurred  in        -        -        .        .    241 
Depositee  of  provisions  in  advance,  Arc,  Mr.  Tich- 
enor  submitted  a  resolution  of  inquiry 
concerning  certain         ....    213 
Mr.  Williams,  of  Tennessee,  offered  a  sub- 
stitute for  the  above        ....    218 
the  substitute  withdrawn  and  the  original 

amended  and  agreed  to  ...    2I6 

a  Message  from  the  President  with  a  report 
from  the  War  Department  in  reply        .    858 
Deposite  of  Wines,  dec,  in  public  warehouses, 
a  bill  from  the  House  of  Representatives 
providing  for  the,  read  twice,  and  referred    870 
reported  without  amendment     ...    STf 
read  a  third  time,  and  passed  .        .    888 

Deputy  Postmasters,  a  bill  to  incroaae  the  com- 
pensation of,  twice  read,  and  referred     -    870 
reported  with  an  amendment    ...    883 
.    ordered  to  a  third  reading  ...    339 

Dequindup,  Louis  and  Antome,  a  bill  for  refief 

of,  read sot 

read  a  second  time,  and  ordered  to  a  tldid 

reading 294 

read  a  third  time,  and  passed  ...  290 
Deweea,  Sarah,  a  bitl  from  the  House  of  Repre- 
sentatives for  relief  of,  read  .  .  -  811 
read  a  second  time,  and  referred  •  -  841 
reported  without  amendment  ...  84S 
ordered  to  a  third  reading  ...    $46 

read  a  third  time,  and  passed      -        -        .    849 
D'Wolfe,  Charles,  and  others,  Mr.  Burrill  pre- 
sented the  petition  of,  referred        .        .      27 
Dickerson,  Mr.,  speech  of,  on  the  proposition  to 

amend  the  Constitution  ...     178 

on  the  resolution  to  present  medals,  and  the 
thanks  of  Congress  to  General  Harrison 
and  Governor  Shelby     ....    288 
Dillon,  John,  a  bill  fh>m  the  Hou«e  of  Repre- 
sentatives for  relief  of,  read  twice,  and 

referred 861 

reported  without  amendment     ...    866 
ordered  to  a  third  reading  ...    380 

read  a  third  time,  and  pmed    ...    387 
Direct  Taxes  and  Internal  Duties,  a  bill  from  the 
House  of  Representatives  supplemental  to 
the  several  acts  relating  to,  read  twice, 

and  referred 684 

read  a  third  time,  and  passed     ...    385 
District  of  Columbia,  appointment  of  the  stand- 
ing committee  on  the     -        -        -        -      36 
report  of  the  SecreUry  of  the  Treasury  on 
the  subject  of  the  banks  in  the        -        -    341 
District  CourU  of  the  United  States  within  the  - 
Stete  of  New  Tork,  a  bill  from  the  House 
of  Representatives  respecting  the,  read   -    367 
read  a  second  time,  and  refenvd        -        -    368 
reported  with  an  amendment    ...    26f 
ordered  to  a  third  reading  ...    280 

read  a  third  time,  and  passed  ajMuneDdedj-    383 
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INDEX 


xit 


SenaU  Proceedings  and  DdnOet, 


Page. 
Dfftrict  of  Mtioe,  a  bill  /rom  the  Home  of  Rep- 
resentativea  altering  the  time  for  holding 
the  dbtrict  court  in  the,  read  -        -    2i2 

read  a  second  time,  and  referred         -        -    258 

Xted  without  amendment     -        •        -    261 
ed  to  a  third  reading  -        -        -        .    279 
read  a  third  time,  and  pawed     -        -        -    287 
Doekiy  on  motion  of  Mr.  Eppee,  the  Pretident 
was  requested  to  cause  an  estimate  to  be 
laid  before  the  Senate  of  the  sum  neces- 
sary  to  establish  two       -        -        -        -    271 
a  Message  with  the  estimate  of  the  Na^ 

Department -    279 

Documents,  a  bill  from  the  House  of  Represent- 
atives for  the  transportation  of  certain, 
free  of  postage,  read  three  times  by  con- 
sent, and  passed    -        -        .        ,        -    277 
Dohrman,  Rachel,  had  leave  to  withdraw  her 

papers  filed  at  last  session      ...     229 
Dougherty,  Thomas,  notice  from  the  House  of 
Representatives  that  they  have  elected, 

derk 11 

Dow,  John.    (See  Jron^  ' 
Drawback  on  merchandise  transported  by  land, 
a  bill  to  allow  the  benefit  of,  in  a  certain 

case,  read      - 80 

read  a  second  time     .....      81 
ordered  to  a  third  reading  -        -        .        -      84 
read  a  third  time,  and  passed     -        .  .     -      90 
Dubbif,  Martin,  Mr.  Lacock  presented  the  peti. 

tioB  of,  referred      .....     199 
adverse  report  thereon        ....    224 
read,  and  concurred  in       -        -        -        -    227 
Dubois,  Toussaint,  Mr.  Taylor  preaenfted  the  pe- 
tition oi^  referred 184 

committee  discharged         ....    386 
Duties  on  merchandise  imported,  Mr.  San&rd 
submitted  a  resolution  to  inquire  con- 
cerning -' 21 

considered,  and  agreed  to  -        -        -        -      60 
Duties  on  manufactured  articles  imported,  a  bill 
firom  the  House  of  Representatives  to  in- 
crease the,  read  twice,  and  referred  -    370 
reported  without  amendment     ...    379 
read  a  third  time,  and  passed     -       .-        -    383 

£. 
Earwood,  Joel,  a  bill  from  the  House  of  Repre- 
sentatives for  relief  of,  read    -        -        -      70 
read  a  second  time,  and  referred         -        -      72 
reported  with  amendments-        ...      79 
ordered  to  a  third  reading  as  amended        -      81 
read  a  third  time,  and  passed  with  amend- 
ments     84 

the  House  of  Representatives   concurred, 
with  an  amendment,  which  was  agreed  to      94 
Easton,  Rufus,  Mr.  Morrow  presented  the  peti- 
tion of,  referred 388 

Edwards,  William,  Mr.  Morrow  presented  the 

petition  of,  referred         ....      62 
a  bill  for  relief  of,  read       ....      70 

read  a  second  time 72 

amended,  and  ordered  to  a  third  reading    -      73 
read  a  third  time,  and  passed     -        -        -      79 
Elliott,  Jonathan,  Mr.  Morrow  presented  the  pe- 
tition of,  referred 213 

committee  discharged        ....    340 
Emigrants,  Mr.  Sanford  presented  the  memorial 

of  the  Irish,  of  New  York,  referred  -    202 


Emigrants— continued.  Page. 

Mr.  Goldsborongfa  pesented  the  memorial 
of  thpse  of  Baltimore^  reierred  to  same 
committee     -        -        -       .        .        .    2O6 
Mr.  Lacock,  the  same,  of  those  of  Philadel- 
phia, referred  to  same    ....     212 
the  committee  dischai^i^ed  ...    336 

Eppes,  John  W.,  appointed  a  Senator  by  the 
Legislature  of  Virginia,  produced  his  cre- 
dentials, was  qualified,  and  took  his  seat       10 
Erie,  a  bill  from  the  House  of  Representatives  to 
diange  the  name  of  the  district  of,  read  a 
first  and  second  time,  and  referred        .     310 
reported  without  amendment    ...     342 
oraered  to  a  third  reading         .    *     .        .     348 
read  a  third  time,  and  passed      ...     349 
Esenbeck,  William,  a  messenger  in  the  Treasury 
Department,  the  President  of  the  Senate 
communicated  the  petiti9n  of,  referred    .      63 
an  adverse  report  thereon  -        .        -       82 

read  and  concurred  in        ....       90 
Essary,  Jonathan  D.,  and  John  Seybold,  a  bill 
from  the   House  of  Representatives  for 
reliefof,  read  twice,  and  referred    .        .     367 
reported  with  amendments        ...     38^ 
read  a  third  time,  and  passed    -        -        .391 
Executive  Departments,  a  bill  from  the  House 
of  Representatives  providing  for  the  erec- 
tion of  additional  buildings  for  the  accom- 
modation of  the,  read    ....    349 
read  a  second  time,  and  referred        .        .    360 
reported  with  an  amendment    ...    367 
read  a  third  time,  and  passed  as  amended     377 
Expenditure  and  application  of  money,  a  report 

of  the,  from  the  Secretary  of  War  .      78 

the  same  firom  the  Secretary  of  the  Navy      8% 
Expenses  o(  Militia,  when  mardung  to  rendei- 

vous,  a  biU  to  defiray  the,  read        -        -     S29 

read  a  second  time tsi 

ordered  to  a  third  reading  ...    %$^ 

read  a  third  time,  and  pused     ...    270 
Extinguishment  of  Indian  titles,  Mr.  Talbot  pre^ 
sented  a  resolution  of  the  Legislature  of 
Kentucky,  and  one  of  his  own,  in  relation 

to  the,  referred 226 

Mr.  Williams  presented  a  similar  resolutiovi 
firom  the  Legislature  of  Mississippi,  refer- 
red to  the  same  committee      ...    2S7 
committee  discharged        ....     274 
Extra  Duties,  a  Message  from  the  President  with 

sundry  papers  relating  to        .        .        .    206 
referred  to  the  Finance  Committee    .        -    209 


Farquhar,  A.,  Mr.  Ruggles  presented  the  petition 

of,  referred    ......  109 

adverse  report  thereon        -        -        •        -  114 

read  and  concurred  in        -        .        .        -  118 
Farrand,  Wm.  P.,  and  others,  Mr.  Robertson 

presented  the  petition  of,  referred  .        .  128 

adverse  report  thereon      ....  301 

indefinite^  postponed       .        .        .        .311 

Farris,  William,  Mr.  Ruggles  presented  the  pe- 
tition of,  referred 62 

adverse  report  thereon      .        .        .        .  9f 
read  and  concurred  in        .        .        .        -  111 
Finance,  appointment  of  the  standing  commit- 
tee of    26 


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Xlll 


INDEX. 


XIV 


Senate  Proceedings  and  Debates, 


Ptge. 
Fire  Inmirtnce  Company  in  Washington,  a  bill 

to  incorporate  a,  read      -        -        -        -    260 

read  a  second  time 266 

ordered  to  a  third  reading  ...    287 

read  a  third  time,  and  passed      ...    298 
Pisk,  James,  appointed  by  the   Legislature  of 
Vermont  a  Senator  in  place  of  Dudley 
Cbace,  resigned,  produced   his  creden- 
tials, &c.       ------        9 

a  letter  from,  sUting  that  he  had  resigned 

his  seat 119 

Flag  of  the  United  States,  a  bill  from  the  House 

of  Representatives  to  establish  the,  read    291 

read  a  second  time,  and  referred        -        -    294 

reported  without  amendment    .        -        -    296 

read  a  third  time,  and  passed    -        .        -    302 

Fletcher,  Thomas,  and  others,  Mr.  Van  Dyke 

presented  the  petition  of,  read        -        -    379 
Foreign  Relations,  appointment  of  the  standing 

committee  on 26 

Forfeiture  of  Lands,  a  bill  to  suspend  for  a  lim- 
ited time  the  sale  of,  read      ...    344 

read  a  second  time 346 

ordered  to  a  third  reading          ...    358 
read  a  third  time,  and  passed    ...    360 
Forrest,  Joseph,  Mr.  Roberta  presented  the  peti- 
tion ci",  referred    ...        -        -       91 
adverse  report  thereon      ....     130 
read  and  concurred  in       -        -        -        *     163 
Fort  Charlotte,  on  motion  of  Mr.  Williams,  the 
Committee  on  Public  Lands  were  in- 
structed to  inquire  into  the  eipediency 
of  authorizing  the  sale  of  the  land  at- 
tached to       338 

Fort  St.  Charles,  Mr.  Fromentin  presented  the 
representation  of  the  Legislature  of  Lou- 
isiana, praying  the  demolition  of,  Ac, 

referred  297 

Foster,  William  T.    (See  BirdsaU,  Benjamin*) 

French   Spoliations  prior  to  1800,  Mr.  Storer 

called  up  the  memorial  presented  at  the 

last.«eesion,  on  the  subject  of,  and  it  was 

referred 79 

Friaby,  Richard,  Mr.  Ooldsborough  presented  the 

petition  o^  referred         ....     172 

adverse  report  thereon  agreed  to        -        •    272 

Fromentin,  Eligius,  of  Louisiana,  took  his  scat      91 

Funded  Debt,  Mr.  King  submitted  a  resolution 

directing  the  Secretary  of  the  Treasury 

to  report  the  sum  of  the,  dec.  .        .        -    312 

resolution  agreed  to 340 

report  from  the  Secretary  of  the  Treasury 

in  reply 370 

QtiUard,  John,  election  of,  as  President  pro  tem.    300 
Gale,  Anthony,  Mr.  Johnson  presented  the  peti- 
tion of,  referred     226 

adverse  report  thereon       ....    292 
read,  and  concurred  in       -        -        -        -    2U4 
Galea  6l  Seaton,  Mr.  £ppes  presented  the  pe- 
tition of,  referred   267 

Gamble,  William,  Mr.  Wilson  presented  the  pe- 
tition of,  referred 210 

adverse  report  thereon       ....    240 
read,  and  concurred  in       -        -        -        •    266 
Gardiner,  John,  chief  elerk  of  Land  Office,  a  letter 
from,  presenting  a  map  to  the  Senate, 
read 20 


P«g«. 
Georgetown,  Delaware,  Mr.  Horsey  submitted  a 
resolution,  respecting  an  increase  of  allow- 
ance to  the  postmaster  at        -        -        -    296 
agreed  to,  and  referred  to  the  Post  Office 

Committee 297 

Giles,  Aquilla,  Mr.  King  presented  the  petition 

of,  referred 162 

a  bill  for  relief  of,  read  twice      ...    310 
ordered  to  a  third  reading  ...    346 

read  a  time,  and  passed     ....     348 
Gist,  Captain  Henry,  and  Captain  H.  Johnson, 
a  bill  from  the  House  of  Representatives 
for  relief  of,  read  twice,  and  referred       -     361 
reported  without  amendment     ...    867 
ordered  to  a  third  reading  -        -        -        -381 
read  a  third  time,  and  pass^     ...    287 
Goldsborough,  Robert  H.,  of  Maryland,  took  his 

seat 20 

resumed  his  seat  after  an  absence       -        •      81^ 
speech  of,  on  the  bill  to  provide  for  surviving 
officers  of  the  Revolution        ...     I9i 
Golden,  Thomas,  Mr.  Taylor  presented  the  peti- 
tion of,  referred IB% 

the  committee  discharged  ....    386 
Goodwyn,  Peterson,  of  Virginia,  a  message  from 
the  House  of  Representatives,  that  they 
have  passed  a  resolution  to  wear  crape,  in 
memory  of  the  late  honorable  -        -    216 

Government,  a  bill  from  the  House  of  Represen- 
tatives making  appropriations  for  the  sup- 
port of,  for  the  year  1818,  read  twice,  and 

referred 801 

reported  with  amendments,  and  ordered  to  a 

third  reading  .....    3ii 

read  a  third  time,  and  passed  as  amended  -      340 
Government  Dividends  on  the  Bank  of  the  Uni- 
ted States  stock,  Mr.  Troup  submitted  a 
resolution  to  set  apart  the,  for  the  purchase 
of  arms,  dtc.,  for  the  militia    -        -        -    287 
agreed  to,  and  referred  to  the  Committee  on 

the  Militia 291 

said  committee  reported  that  it  was  inexpe- 
dient      339 

.    the  report  indefinitely  postponed        -        -    346 
Graeff,  Jacob,'  a  bill  from  the  House  of  Represent 
tatives  for  relief  of  the  widow  and  children 
of;  read  first  and  second  time,  and  referred    368 
reported  without  amendment     ...    360 
ordered  to  a  third  reading  ....    381 
read  a  third  time,  and  passed     ...    387 
Grant,  Moses,  and  others,  Mr.  Otiji  presented  the 

memorial  o^  referred      -        -        -        -     168 
Gregory,  Jeremiah,  and  others,  Mr.  Taylor  pre- 
sented the  petition  of;  referred        -        -     134 
the  CQmmittee  discharged  ....    386 

H. 

Half  pay  for  life,  Mr.  Roberts  presented  a  petition 
in  behalf  of  the  Pennsylvania  line  of  Rev- 
olutionary soldiers,  praying  an  equitable 
settlement  of  their,  referred    •        -        -      68 
the  committee  discharged  ....    280 
Hall,  John  T.,  and  others,  Mr.  Morrow  presented 

the  petitions  of,  referred         -        -        -      66 
committee  discharged        ....    386 
Hall,  John,  Paymaster  of  Marines,  Mr.  Smith 

presented  the  petition  of,  referred  -  -  139 
adverse  report  thereon  ....  241 
report  reversed,  and  bill  ordered         -        -    348 

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SemUe  Proceedings  and  Debates. 


xn 


BMIf  John — continued.  Page, 

a  MB  for  relief  of,  read  -  -  -  -  846 
read  a  second  time  -  -  -  -  "  3*^ 
ordered  to  a  third  reading  -        -        -    36a 

read  a  third  time,  and  paeae^     -        -        -     888 
H&H,  Joaeph,  Mr.  Daggett  presented  the  petition 

of,  referred 

the  committee  discharged  -        -        -        - 
Harriaon,  Jonas,  a  bill  from  the  House  of  Repre- 
sentatives for  the  relief  of,  read  twice,  and 

referred 

reported  without  amendment    -        -        - 

ordered  to  a  third  reading  -        -        -        - 

read  a  third  time,  and  passed     -        -        - 

Hmrt,  BU,  Mr.  Sanford  presented  the  petition  of, 

referred 

a  bill  for  the  relief  of,  read 
read  a  second  time    -        -        -        -        - 
a  third  reading  negatived  -        -        -        - 
Raalott,  John,  leave  to  withdraw  the  petition  of, 

refused - 

Mr.  Smith  presented  a  petition  of,  referred 

the  committee  discharged  -        -        -        - 

Hawley,  Rev.  William,  election  of,  as  Chaplain 

Heada  of  Departmente,  the  bill  to  increase  the 

salariea  of,  read  twice,  and  ordered  to  a 

third  reading 

read  a  third  time,  and  passed    .        -        - 
returned  from  the  House  of  Representatives 
with  amendments,  to  some  of  which  the 
Senate  agreed,  and  to  others  disagreed  • 
receded  fVom  disagreement  to  one  amend- 
ment, and  insisted  upon  disagreeing  to 

others 

Haira  of  Soldiers,  Mr.  Wilson  submitted  a  reso- 
lution relative  to  securing  bounty  lands 

to  the - 

agreed  to,  and  referred  to  a  ^ommittee 
the  committee  discharged  -        -        -        - 
Henderson,  Francis,  and  family,  heirs  of  John 
Laurens,  Mr.  Hunter  presented  the  peti- 
tion of,  referred 

a  bill  for  the  relief  of,  read 

read  a  second  time 

indefinitely  postponed        -        -        - 

Hibbert,  John,  and  others,  Mr.  Stokes  presented 

the  petition  of,  referred  -        -        -        - 

adverse  report  thereon       .... 

read,  and  concurred  in       -        -        -        * 

B!^  Rees,  Mr.  Lacock  presented  the  memorial 

of,  referred 

adverse  report  thereon       .        .        .        - 
read,  and  concurred  in       -        -        -        - 
Hill,  William,  and  others,  Mr.  Sanford  presented 
the  petition  of,  referred  -        -  ^      - 
adverse  report  thereon       -        -*      - 
read,  and  concurred  in       •        •        -        - 
Hill,  William*  and  others,  Mr.  Noble  presented 
the  petition  of,  referred  •        -        -        - 
Hogan,  Michael,  Mr.  Sanford  presdated  tha  peti- 
tion of,  referred      *        -        -        -        -     113 
a  bill  for  the  relief  of,  read        •        -        -     S62 

read  a  second  time 268 

ordered  to  a  third  reading  ....     292 
read  a  third  time,  and  passed     -        -        -     296 
Holland,  a  Message  from  the  President  respects 

ing  negotiations  with     -        -        .        -     274 
referred  to  the  Committ;^  of  Foreign  Rela- 
tions       278 


Paga. 


900 
309 


361 
866 
380 
387 

229 
286 
292 
296 

62 
280 
362 

24 


293 
296 


386 


392 


110 
111 
164 


261 
310 
340 
347 

61 
33 
91 

82 
113 

116 

187 
221 
226 

220 


Hooker,  Saronel  F.,  Mr.  Sanford  presented  tha 

petition  of,  referred 

a  bill  for  the  relief  ofy  read        -        -        - 

read  a  second  time    -        -        -        -         - 

ordered  to  a  third  reading  -        .        -         - 

read  a  third  time,  and  passed    .        .         - 

Horsey,  Outerbridge,  of  Delaware,  took  his  Mat 

Howell,  Hubert,  the  legal  repreaenUtivM  of. 

(See  BumeUt  Daniel,  6lc) 

Hunter,  William,  of  Rhode  Island,  took  hia  seat 

Illinois  Territory,  a  map  of  the  bounty  laoda  in, 

pnsanted  to  the  Senate  ... 

a  toll  from  the  House  of  Repreaentativ^a  to 

enable  the  people  o^  to  form  a  oonstitii- 

tion,&c.,  read  twice,  and  referred   - 

reported  with  amendments        .        .        • 

ordered  to  a  third  reading  -        -         -        - 

read  a  third  time,  and  paaaed  aa  amended  - 

I. 

Imported  Salt,  Mr.  Smith  submitted  a  reaohition 

respecting  the  duties  on         -        -        - 

agreed  to,  and  referred  to  the  Secretary  of 

the  Treasury 

report  ofthatoflBcer  in  reply      - 

Mr.  S.  then  submitted  a  resolution  to  refer  the 

report  to  the  Finance  Committee,  with 

instructions  to  inquire  into  the  propriMy 

of  repealing  the  laws  laying  dntiea  on    - 

agreed  to,  and  said  committee  in  '         "^ 

accordingly    -        .        -        - 
report  of  that  committee  that  it  ia 

dient     - 

considored,  and  concurred  in     -        -       - 
Importa  and  Tonnage,  a  biU  supplementary  to 
tha  act  to  regulate  the  collection  of  duties 
ott>  read  twice,  and  referred  -        -       - 
reported  with  amendments,  and  ordered  to 
a  third  reading      .        -        -        -        - 
read  a  third  time  and  passed     ... 
a  bill  from  the  House  of  Representalivee  to 
oonlinue  in  force  a  certain  part  of  Um  act 
to  regulate  dutiea  on,  twice  read,  and  re- 
ferred            -        -    »7I 

reported  amended,  read  a  third  tane,  and 
passed  ------- 

Index  to  Acts  and  Resolutions,  a  reeolution  from 

the  House  of  Representatives  directing 

the  Secretary  of  State  to  prepare  an,  at 

the  end  of  every  session  of  Congreaa 

read,  and  passed  to  a  second  reading^ 

read  a  second  time,  and  ordered  to  a  third 

reading 

read  a  third  time,  and  passed    .        •        - 

Indian  Agents   and  Factors,  a  bill  fixing  the 

compensation  of,  twice  read  -        -        - 

ordered  to  a  third  reading  ... 

read  a  third  time,  and  passed    -        -        - 

Inskeep,  John,  and  others,  Mr.  Lacock  presented 

the  memorial  of,  referred        -        -        - 

Internal  Duties,  a  report  from  the  Secretary  of 

the  Treasury  in  relation  to     -        -        - 

a  bill  from  the  House  of  Repreaentotrres 

to  abolish,  read  and  referred  .        -        -      28 
reported  with  amendments,  and  read  a  eee- 

ond  time        ..----     5l 
Mr.  Wildon  presented  memorials  pnying 

the  abolition  of J* 

the  bill  read  a  third  time,  and  passed         •     ^ 


278 
308 
309 

850 
351 

20 


78 


845 
351 
368 

365 


65 

66 
69 


69 

71 

135 
210 


-    370 


387 
8iS 


383 


281 
286 

29t 

295 


315 


21 


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xi>tii 


Senate  Proceedings  atid  Debaiee, 


Page. 
Iklernal  Improvement,  Mr.  Barbour  pr^oted  ui 
amendment  of  the  ConstUotion  00  it  to 
grant  the  power  of,  read        -        -        -       21 
read  a  second  time,  and  referred        -        -      34 
reported  withoot  amendment     -        «        -    211 
indefinitely  postponed        ....    292 
Introdaction  of  Slaves,  a  bill  in  addition  to  the 

act  to  prohibit  the,  read  ...    307 

read  a  second  time  .  .  •  -  •  312 
ordered  to  a  third  reading  -  •  -  351 
read  a  third  time,  and  pained  ...  358 
returned  from  the  House  of  Representatives 

"with  amendments .        -        -        -        ^    878 
read,  and  concurred  in      -        -        •        -    379 
Invalid  Pensions,  a  bill  from  the  House  of  Rep* 

resentatives  concerning,  read          -        -    384 
read  a  second  time,  and  indefinitely  post- 
poned     385 

Iron,  Mr.  Dickerson  presented  a  memorial  of  the 
manufacturers  of,  praying  an  additional 
duty  on,  referred    -        -        ...      27 
a  bill  from  the  House  of  Representatives  to 
increase  the  duties  on,  in  bars,  dtc,  read 
twice,  and  referred         ...        -    370 
amanded,  and  ordered  to  a  third  reading    -    381 
rea4  a  third  time,  and  passed  as  amended    387 
Island  of  Now  Orleans,  a  bill  ibr  adjusting  claims 

to  land  in  districts  east  of  the,  dto*,  read  -    201 
read  a  second  time    -        -        -        -        -     211 
ordered  to  a  third  reading        ...    279 
indefinitely  postponed        ....    385 
Issue  and  location  of  Certificates  of  Lands,  on 
motion  of  Mr.  Morrow,  the  Committee  on 
Public  Lands  were  instructed  to  inquire 
into  the  expediency  of  making  provision 
for  Hmitiog  and  controlling  the      -        -     120 


Janet,  John,  Mr.  Morrow  presented  the  petition 

of,  referred    -..---    388 
Mley,  Samuel,  Mr.  Noble  presented  the  petition 

of,  referred 67 

Jervey,  Thomas  Hall,  Mr.  Smith  presented  the 

petition  of,  referred        -        -        -        -    128 
the  committee  discharged  ....    388 
Johnson,  Richard  M.,  a  bill  for  relief  of,  twice 

read,  and  referred 169 

reported  without  amendment    .        .        -     175 
ordered  to  a  third  reading        ...     188 
read  a  third  time,  and  passed     -        -        -    200 
Mr.  Barbour  submitted  a  resolution  to  pre- 
sent a  sword  to,  read  twice    ...    302 
read  a  third  time,  and  passed  unanimously    307 
Johnson,  Henry,  appointed  a  Senator  by  the  Le- 
gislature of  Louisiana,  in  place  of  W.  C. 
C  Claiborne,  produced  his  credentials, 
was  qualified,  and  took  his  seat     -        -    221 
Jones,  Henry,  Mr.  Wilson  presented  the  petition 

of,  referred    .---•-      68 
adverse  report  thereon       -        -        -        -    214 
read,  and  concurred  in-        -        -        -215 
Jones,  William,  and  others,  Mr.  RoberU  pre- 
sented the  petition  of,  referred        -        -    224 
Jones,  Michael,  Mr.  Morrow  presented  the  peti- 
tion of,  referred     -        •        -        -  ,     -    *66 
a  bill  for  relief  of,  read       -        -        -        -    300 

read  a  second  time 307 

ordered  to  a  third  reading        ...    309 
read  a  third  time,  and  passed     -        -        -    311 


Jourdan,  B.  and  P.,  brothersi  a  bill  from  the 
House  of  Representatives  for  relief  of     - 

read  twice,  and  referred    .... 

ordered  to  a  third  reading        ... 

a  motion  to  suspend  the  rule  so  as  to  read  it 
a  third  time,  negatived  .... 
Journal  and  procee&gs  of  the  Convention 
which  formed  the  Constitution,  Mr.  San* 
ford  submitted  a  resolution  to  direct  the 
publication  of  the,  read  twiee,  and  re- 
ferred     

reported  with  amendments        ... 

ordered  to  a  third  reading  ... 

read  a  third  time,  and  passed     ... 

returned  from  the  House  of  Representatives 
with  an  amendment,  agreed  to  -  - 
Judges  of  the  United  States  Courts,  the  bill  to 
increase  the  compensation  of  certain, 
read  twice,  blanks  filleil#  and  ordered  to 
a  third  reading      ...... 

read  a  third  Ume,  and  passed    -        -       .- 
Judges  of  the  Circuit  Court  for  the  District  of 
Columbia,  Mr.  Campbell  presented  the 
memorial  of  the,  praying  increase  of  sal- 
ary 0^  referred       -        -        - 

a  biU  to  increase  the  salaries  of,  read 

read  a  second  time    -        .        .        «        . 

recommitted  to  the  Judiciary  Committee    - 

reported  without  amendment    ... 

ordered  to  a  third  reading  ... 

read  a  third  time,  and  passed     ... 
Judicial  Systett>  Mr.  Talbot  submitted  a  resolu^ 
tion  respecting  a  ehange  of  the      - 

amended  and  agreed  to,  and  referred  to  tbe 

Judiciary  Committee     .... 

Judiciary,  appointment  of  the  standing  oonnnit- 

teeonthe 20 

Justices  of  the  Peace,  in  Washington,  a  biH  to 

make  valid  certain  acts  of  the,  r^d        -    267 

read  a  second  time 269 

ordered  to  a  third  reading         ...    288 

read  a  third  time,  and  passed     ...    293 

returned  from  the  House  of  Repreientatii^es 
with  an  amendment       .....    g§i 

read,  and  disagreed  to        -        -        -        -    367 

the  Honse  of  Representatives  insist  and  ask 
a  conference,  which  is  agreed  to    -        -    362 


386 
887 
89t 

399 


79 

114 
116 
117 

971 


344 
346 


128 
136 
180 
165 
187 
990 
222 

135 

188 


Keemle,  John,  Mr.  Roberts  presented  the  me- 
morial of,  referred  .... 

adverse  report  thereon      .... 

read  and  concurred  in  -  -  -  - 
Kendall,  Jeduthan,  Mr.  Morrow  presented  the 

J  petition  of,  referred 
y,  L.  P.,  Mr.  Williams,  of  Mississippi, 
presented  the  memorial  of^  referred 

Kennedy,  Joseph  P.,  and  others,  the  same  mem- 
ber presented  the  petition  of,  referred     - 

Kentucky,  Mr.  Talbot  presented  a  memorial  of 
the  Legislature  of,  respecting  boundaries 

Kentucky  Ohio.  Canal  Company,  on  motion  of 
Mr.  Talbot,  the  Committee  on  Roads  and 
Inland  Navigation  were  instruaed  to  in- 
quire into  the  expediency  of  authorizing 
a  subscription  to  the  stock  of  the  - 

Kidnapping,  Mr.  Roberto  presented  petitions 
from  Friends,  in  several  States,  on  the 
subject  0^  dtc,  referred 


116 
130 
132 

-  388 

65 

66 


224 


278 


20 


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XX 


Senate  Proceedings  and  Debates. 


Kiinapping— continued.  Page. 

Mr.  Ooldiborough  NMented  a  limilar  peti- 
tion firom  the  Philanthropic  Society  of 
Eatton,  Maryland  ....      92 

Kfllgene,  John,  Mr.  Horsey  presented  the  petition 

•i;  referred 216 

King,  Mr.)  speech  of,  on  the  resolution  reipecl- 

ing  the  African  slave  trade      -        -         76,  87 
on  the  motion  to  strike  oat  the  latter  danae 
«          of  the  same   .•----     105 
on  the  Nai igatien  Bill      -        -        •        -    324 
King,  Henry,  a  bill  from  the  House  of  Repreaen- 
tatives  for  relief  of,  read  twice,  and  re- 
ferred   361 

reported  without  amendment    -        -        -    367 
indefinitely  postponed       ....    884 
Klikendall,  Samuel,  Mr.  Dickerson  presented 

the  petition  of,  referred  •        .        *.    286 

th*  committee  discharged  ...    386 

Knox  County,  Indiana,  an  adverse  report  on  the 

peUtion  of  sundiy  inhabitants  of     -        -    293 
read  and  concurred  in        -        -        -        -    302 
Koki,  Samuel,  Mr.  Johnson  presented  the  peti- 
tion of,  referred      230 

committee  discharged        ....    386 


Laelotte,  Hyacinth,  Mr.  Fromentin  presented  the 

petition  of,  referred        ....    342 
committee  discharged        ....    352 
Laeock,  Mr.,  speech  of,  on  the  resolution  re- 
specting the  African  slave  trade    -        •     107 
Land  Claims  of  Florida,  a  memorial  of  the  Legis- 
lature of  Louisana  respecting  the,  was 

referred 62 

Mr.  Williams  presented  a  memorial   and 
protest  of  certain  members  of  the  same 
Legislature  on  the  subject  of,  referred    -      64 
Land  Laws,  a  resolution  relative  to  the  distribu- 
tion of  the  late  edition  of  the  collection  of, 

read 164 

read  a  second  time    .....     167 
ordered  to  a  third  reading  -        -        .171 

read  a  third  time,'and  passed    -        .        .173 
Land  Marks,  a  resolution  respecting  the  perpet- 
uation of,  agreed  to       -        -        -        -      34 
Land  Offices,  Mr.  Noble  submitted  a  resolution 

relating  to,  in  the  eastern  part  of  Indiana      62 
a  bill  from  the  House  of  Representatives,  to 
establish  additional,  in   Missouri  Terri- 
tory, read 70 

read  a  second  time,  and  refened        -        -      72 
reported  with  amendments        -        -        -     128 
^       ordered  to  a  third  reading  -        -        -     131 

read  a  third  time,  and  passed    -        -        -     134 
the  House  of  Representatives  concurred, 

with  an  amendment      ....     168 
read  and  agreed  to    -        -        -        -        .     169 
Land  Patents,  on  motion  of  Mr.  Roberts,  the 
Committee  on  Public  Lands  were  in- 
structed to  inquire  into  the  expediency 
of  providing  for  the  authentication  of, 
without  the  signature  of  the  President    -    240 
Laurens,  John,  (See  Hendersont  Francis,) 
Laws  of  the  United  Sutes,  a  resolution  from  the 
House  of  Representatives  directing  the 
distribution  of  certain,  read    ...      24 
read  a  second  time,  and  referred        -        -      26 
reported  without  amendment    -        •        -      32 
ordered  to  a  third  reading  ...      35 


Laws  of  the  United  States— continued.  Paga* 

road  a  third  time,  and  passed    ...      60 
Mr.  Korril  submitted  a  resolution  provid- 
ing  for  the  di8trfl>ution  of  the  sixth  vol- 
ume of  the,  read   -        -        -'      -        -    115 
read  a  second  time    -        -        •        -        •     1 17 
referred  to  the  Judiciary  Committee  -     120 

reported  without  amendment    ...    175 
consideration  resumed  and  postponed      177,  218 
read  a  third  time,  and  passed    ...     262 
returned  from  the  House  of  Representa- 
tives with  amendments,  agreed  to  -        -     S71 
a  bill  for  the  purchase  and  distribution  of 
the,  read        ......    202 

read  a  second  time    .....    209 

referred  to  a  select  committee    ...    216 
ordered  to  a  third  reading  ...    362 

read  a  third  time,  and  passed    ...    25S 
a  bill  from  the  House  of  Representatives,  to 
provide  for  the  publication  of,  read  tvrice 
and  referred  ......    310 

reported  with  amendments        ...    340 
ordered  to  a  third  reading  ...    351 

read  a  thirdtime,  and  passed    ...    368 
returned  from  the  House  of  Representatives 
with  eoncurrence,  except  as  to  the  seventh 
and  eighth  amendments,  and  the  Senate 
receded  fr«m  the  seventh  but  insisted  on 

the  eighth - 

Leake,  Walter,  appointed  a  Senator  by  the  Le- 
gislature of  Mississippi,  produced  his  cre- 
dentials, was  qualified,  glc,    ... 
drew  the  lot  for  the  term  of  four  years 
Lee,  Richard  Bland,  Mr.  Barbour  presented  the 
petition  of,  referred        .... 

Levie,  Alexander,  Mr.  Smith  presented  the  pe- 
tition of,  referred   -        -        -        -        .201 

adverse  report  thereon       ....    tsi 

report  recommitted   -        -        .        .        .    287 

reported  with  an  amendment,  and  leave 
given  to  withdraw  the  petition 

the  committee  discharged  .... 

Lewis,  Winslow  and  Henry,  a  bill  from  the 

House  of  ^presentatives,  for  the  relief 

of,  twice  read  and  referred     ... 

reported  with  amendments        ... 

recommitted  with  instructions  ... 

reported  with  amendment,  and  ordered  to 
a  third  reading 

read  a  third  time,  and  passed  as  amended 

Library,  on  motion  of  Mr.  Ticbenor,  a  committee 

on  the,  was  appointed    .... 

a  message  from  the  House  of  Representa- 
tives announcing  the  appointment  of  a 
joint  committee  on  the  - 

Location  and  Survey,  under  military  land  wmr- 
rants,  &c.,  Mr.  Morrow  submitted  a 
lution  conceVning  the    ... 
agreed  to,  and  referred  to  the  proper 
mittee  -.....• 
Loomis,  Jairus,  and  James  Bassett,  Mr.  Fro- 
mentin presented  the  petition  o^  refened 
committee  discharged        .... 
Lorman,  William,  and  others,  Mr.  Goldsborough 
presented  the  petition  of,  referred  - 
committee  discharged        .... 
Lyman,  D.,  Mr.  BurriU  presented  the  petition 

of,  referred IT 


367 


26 

28 

357 


290 
386 


71 
82 
91 

02 
94 

11 


20 


34 

60 

180 
861 


62 

IM 


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uii 


Senate  ProceetUnge  amd  Debatee. 


M.  Page. 

Macktjy  J»Biet»  a  bill  from  th«  Hoo«e  of  Rep- 
V       reMatottves,  for  relief  of,  read  twice  and 

referred 367 

reported  with  an  amendment    ...    385 
read  a  third  lime,  and  paMed  as  amended    390 
Macomb,  Alexanderi  Mr.  Rngglee  presented  the 

petition  of,  referred         ....      69 
committee  discharged        ....    386 
Macon,  Mr.,  speech  of,  on  the  bill  for  relief  of 

revolutionary  sorvivors  •        -        -        .152 
Manofactoree,  Mr.  Sanford  presented  a  petition 
from  Inhabitants  of  Oneida  conntj,  pray, 
ing  encouragement   of,   ordered   to   be 

printed 84 

librietta  and  Vincennes,  a  bill  providing  ibr  the 

sale  of  certain  lands  in  the  districts  of,  read    1 6S 

read  a  second  time    .....     165 

ordered  to  a  third  reading  -        -        .     168 

read  a  third  time,  and  passed     ...     i69 

M«iine  Corps,  a  memorial  of  the,  relating  to  the 

rights  of  subalterns,  fsferred  -        -        .      26 
report  of  the  committee     ....    121 
Mtfshall,   William,  Mr.  Smith  presented  the 

petition  o^  referred        ....    240 
Mason,  Cornelia,  a  bill  from  the  House  of  Rep- 

sentatives  for  relief  o(,  read     ...    394 
read  a  second  time»  and  referred         .        .    886 
read  a  third  time,  and  passed     ...    339 
Maasachusetts,  Mr.  Otis  submitted  a  resolution 

respecting  the  militia  claims  of       .       -    185 
agreed  to,  and  referred  to  the  Committee  of 

Claims 177 

committee  discharged        ....    333 
May,  Hugh,  Mr.  Noble  presented  the  petition  of, 

referred 134 

report  of  the  Secretary  of  the  Treasury  <m 

the  petition  of 161 

referred  to  the  Committee  of  Claims  >        .167 
committee  discharged,  and  petition  referred 
to  the  Secretary  of  War         .        .        .175 
Mmde,  Richard  W.,  report  of  the  Committee  of 

Foreign  Relations  in  the  case  of     -        .282 
Mechanic  Relief  Society,   of  Alexandria,  Mr. 
Eppes  presented  the  petition  of  the,  re- 
ferred     71 

a  bill  to  incorporate  the,  read  ...  120 
read  a  second  time,  and  referred  -  .  129 
reported  without  amendment,  and  raoom- 

mitted  with  instructions         -        .        .131 
again  reported  without  amendment,  and 

ordered  to  a  third  reading      -        .        .    133 
read  a  third  time,  and  passed    .        -        -137 
Medals  to  Harrison  and  Shelby,  Mr.  Dickerson 
submitted  a  joint  resolution  to  present 
the  thanks  of  Congress,  and  directing, 

read 285 

read  a  second  time 286 

amended,  and  ordered  to  a  third  reading    .    295 
read  a  third  time,  and  passed     ...    298 
Meigs,  Phineas,  Mr.  Daggett  presented  the  peti- 
tion of,  referred 206 

adverse  report  thereon       ....    272 
read  and  concurred  in        -        -        .        .    287 
MeichanU'  Bank,  of  Newport,  Mr.  Hunter  pre- 
sented the  petition  of  the,  referred  -        -    209 
abiUfor  reUefofthe,  read         .        -      #-    277 

read  a  second  time 286 

ordered  to  a  third  reading  ....  296 
read  a  third  time,  and  passed     ...    298 


Page. 


Merchants,  Insurance  Companies,  dec,  of  sundry 
cities  and  ports,  an  adverse  report  on  the 
memorial  of  sundry        .... 
Message,  the  President's  first,  read  • 

two  thousand  copies  thereof  ordered  to  be 

printed 

Messengers  and  servants  of  the  Senate,  a  resolu- 
tion to  compensate  the,  read  ... 

read  a  second  time,  and  passed  ... 

on  motion  of  Mr.  Laoock,  an  extra  allow. 

aace  was  ordered  to  the         ... 

Michigan  Territory,  a  bill  from  the  House  of 

Representatives  to  authorize  the  election 

of  a  delegate  in,  read     .... 

read  a  second  time,  and  referred 

reported  without  amendment     ... 

indefinitely  postponed        .... 

the  memorial  of  the  Governor  and  Judges  of, 
concerning  the  boundary  line  between 
said  Territory  and  Ohio,  was  refetred     - 
Milford  Marble  Company,  Mr.  Daggett  present- 
ed the  petition  of,  referred      ... 
MiHtary  Afiairs,  appointment,  of  the  standing 
committee  of         ..... 
MiliUry  Bounty  Land%   Mr.  Morril  sobmitted 

a  resolution  relating  to  the  survey  of  - 

amended,  and  agreed  to,  requesting  informa- 
tion from  the  President .... 

a  Message,  with  a  report  from  the  Secre* 
tary  of  the  Treasury^  in  reply 

Mr.  Morril  submitted  a  joint  resolution  to 
furnish  each  soldier,  who  receives  a  par- 
ent, a  description  of  the  quality  of  the  let, 
read 

read  a  second  time^  and  referred 

reported  vrithout  amendment     ... 

third  reading  negatived      .... 

Mr.  Wilson  submitted  a  resolution  relative 
to  the  designating,  surveying,  and  grant- 
ing       ....... 

agreed  to 20S 

Military  EstabKshment,  a  Message  from  the 
President,  with  a  report  fit>m  the  Secre- 
tary of  War  of  the  contingent  expenses 

ofthe -        . 

Militaiy  Land  Warrants,  Mr.  BurriU  submitted 
a  resolution  respecting  the  extension  of 
time  for  the  exhibition  of  claims  for 

agreed  to,  and  the  committee  instructed  to 
report  abiU 165 

a  bill  further  extending  the  time  for  locating, 
4to.,read 174 

read  a  second  time 176 

ordered  to  a  third  reading  ....    188 

read  a  third  time,  and  pMsed     ...    200 

a  bill  extending  the  time  ibr  obtaining,  in 
certain  cases,  read 216 

read  a  second  time 219 

ordered  to  a  third  reading         ...    267 

read  a  third  time,  and  pMsed    -        -        -    260 
Militaiy  Service,  a  bill  from  the  Hovse  of  Rep- 
resentativee  making  appropriations   mr 
the,  read 

read  a  second  time,  and  referred 

reported  with  amendaientB        ... 

read  a  third  time,  and  passed  as  amended  - 

the  House  of  R^wesentattves  agreed  to 

soBM   and  diaayeed  to   others  of  the 

amendments 


227 

12 

19 

379 
382 

388 


271 
272 
290 
298 


-  213 
176 


26 
25 
25 

61 


66 

67 

135 

180 


187 


210 


162 


120 
129 
161 
167 


168 


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Senate  Proceedings  and  Debmiea. 


Military  Service — continued.  Page, 

the  Senate  resolved  to  inaiit      -        -        -     169 
House  of  Representatives  also  insist,  sod 

ask  a  conference,  which  is  agreed  to  -  171 
detailed  report  of  the  Managers  -  -  188 
House  of  Kepresentatives  adhered,  and  tha 

Senate  receded 201 

MiliUrj  Staff,  Mr.  Ticbenor  submitted  a  reaol«« 

tion  concerning  the  -  -  -  -  129 
agreed  to,  and   referred  to  the   Militaiy 

Committee 181 

mHtia,  appointment  of  the  standing  eomiAillee 

on  the 26 

Mr*  Tait  submitted  a  resolution  instruoting 
the  said  committee  to  inqulta  into  the 
expediencj  of  augmentiiig  the  pay  of, 
when  called  into  service        -        -        -      68 

resolution  agreed  to 69 

tha  committee  discharged  from  further  con- 
sideration of  the  subject        ...    340 
Mr.  Storer  submitted  a  resolution  requiring 
the  Secretary  of  War  to  procure  copies 
of  the  laws  of  the  several  States  relating 

to 264 

agreed  to 269 

a  biU  (torn  the  House  of  Representatives  to 
increase  the  pay  o^  while  in  actual  ser« 
vice,  read  twice,  and  referred         -        -    368 
reported  without  amendment    ...    366 
ordered  to  a  thisd  reading  •        -        -        -    381 
read  a  third  time,  and  passed    ...    387 
Miller;  Thomas,  and  Stephen  Baiter,  a  bill  from 
the  House  of  Representatives  for  relief 
of,  read  twice,  and  referred    -        -        -    349 
reported  with  amendments         ...    356 
oidered  to  a  third  reading  ....    366 
read  a  third  time,  and  passed  as  ameAdfed  -    369 
MHer,  Noah,  a  bill  ^m  the  House  of  Repre- 
sentatives for  relief  of,  read    -        -        -      64 
read  a  second  time,  and  referred         -        -      66 
reported  without  amendment     ...      69 

Miller,  Major  Samuel,  Mr.  Barbour  presented 

the  petition  of,  referred  ....    206 

the  committee  discharged .        -        .        .    388 
Mint,  a  biU  from  the  House  of  Representatives 

respecting  the,  read     .  •        •        -        -28 
read  a  second  time,  and  referred        •        •      33 
reported  with  amendments        -        -        -       66 
read  a  third  time,  and  passed  as  amended  -      69 
a  letter  from  the  Secretary  of  the  Treasury 
on  the  subject  of  the      -        -        -        -     187 

litssissippi,  on  motion  of  Mr.  Barbour  a  com- 
mittee was  appointed  to  inquire  whether 
any  legislative  provision  is  Beoassary  for 
.the  admission  oU  into  the  Untou    •        •>      10 
a  resolution  to  admit,  reported,  read,  and 
passed  -------20 

a  .letter  from  David  Holmes,  Governor  of, 
with  a  copy  of  the  constitution  of  said 
State  as  ratified  by  convention  -  •  20 
Mr.  Williams  submitted  a  resolution  in- 
structing the  Judiciary  Committee  lo  in- 
quire what  provisions  are  neceasary  to 
give  effect  to  the  laws  of  the  Unitad 
States  within  tha  State  of      -        •        •      32 

resoltttion  agreed  to 35 

Mr,  Leake  presented  a  memoriai  oS  tha 
Legislature  of,  praying  an  ettensiaa  of 
the  limito  of  said  State,  referfed       -        -    84 


18T 


m 

286 


Misaissippi — continued.  Page. 

Mr.  WiUiama  offered  thainstniotioiiaof  th* 
Legislature  of,  concerning  the  uaatou 
limita  thereof         .        .        .        -        - 

a  bill  from  the  Houae  of  Representatives  to 
provide  for  the  due  azacution  of  the  iawa 
of  the  United  States  therein,  read 

read  a  second  time,  and  referred 

reported  without  amendment    -        -        • 

ordered  to  a  third  reading  -        -    . 

read  a  third  time,  and  passed     - 
Mode  of  supplying  the  Troope,   Mr.  Baiboor 
aubmittcid  a  resolution  to  inquire  into  the 
expedieney  of  changing  the  •        -        - 

agreed  to,  and    referred  to  the  Militaty 

Committee -     Sit 

Moneys  transferred,  report  of  the  Sacretarx  of 

War,  on  the  subject  of  -        -        -        -      78 
Moore,  James,  Mr.  Laoeek  presented  tiie  pati- 
tion  of,  referred 

adverse  report  thereof       .... 

read,  ai^d  concurred  in       -       *- 
Morril,  Mr.,  speech  of,  on  the  resolution  concern- 
ing tkie  African  alava  trade    ... 

on  the  bill  to  provide  fer  Revolutioniffy  aav- 


-     296 


211 


216 
260 
160 


243 
25 


on  the  fugitive  slave  bill    - 
Morrow,  Jeremiah,  of  Ohio,  took  his  seat 
Myars,  John,  Mr.  Morrow  presented  the  petition 

of,  referred    ------    868 

McArthur,  Duncan,  Mr.  Morrow  presented  the 

petition  of,  referred        ....     199 

committee  discharged        .        .        .       ^    386 

N. 

Naval  Afiairs,  appointment  of  thestandkigoott- 

■litteeoA      .-...-      96 
Naval  Depoto,  Mr«  Barbour  submitted  a  rssahi- 

tion  concerning  tha  estahUidHttant  of      -     114 
agreed  to^  and  referred       ...        -     117 
a  bill  to  establish,  read       -        -        -        •    SOI 
read  a  aaoond  time    .        -        -       -        •    Mi 
referred  to  the  Naval  Committea        -        -    887 
committee  discharged        ....     861 

Naval  Disoiphne,  report  on  the  sfld^ect  of         -     180 
committee  discharged         ....     34ft 

Naval  Register,  a  letter  from  the  Secretary  of 
the  Navy,  with  copies  of  the,  for  tiie  use 
of  mambecB   -        -        -        -       -        -     118 

Navigation,  a  bill  concerning,  read  twice  -        -     80T 
ordered  to  a  third  reading  -        -        -        .    380 
read  a  third  time,  and  passed     .        .        -     841 
Navy,  Mr.  Tait  submitted  a  resolution  of  inqnnry 
as  to  what  had  been  done  under  the  act 
Hot  the  gradual  increase  of  the        -        -       88 
agreed  to,  and  referred  to  Secretary  of  the       01 
report  from  that  officer  in  reply  -        «     16jl 

a  bill  from  the  House  of  Representatives 
making  appropriations  for  tha  support  of 

the,  read 810 

read  a  second  time,  and  referred  -     989 

reported  without  amendment     ...     986 
read  a  third  time,  and  passed     ...     940 
Navy  Pension  Fund,  report  of  the  CommissSon- 

era  of  the       •        -        *       -        -        -     116 
Mr.  Tait  aubmitted  a  resolution  requesting 
the  President  to  causa  to  be  laid  before 
the  Senate  at  thpir  neit  seairion  a  fstl 
statement  of  the    -....-     370 
resolution  agreed  to  -        -        -        -        •     870 


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XXVI 


Senate  f^roceedinge  and  Debaiee. 


Page. 
New  Madrid,  a  bill  limiting  the  time  for  .claims 
for  lands  authorized  to  be  granted  to  the 
inhabitants  of,  read         ....    299 
read  a  second  time,  and  ordered  to  a  third 

reading 301 

read  a  third  time,  and  passed     ...    807 
New  Orleans,  Mr.  Johnson  presented  the  peti- 
tion of  the  Mayor,  &;c  of,  referred  -        -    234 
committee  discharged         -        -        -        -    386 
a  bill  authorizing  the  disposal  of  certain  lots 

in,  read 311 

read  a  second  time    -        -    '    •        -        •    843 
ordered  to  third  reading     ....    348 
read  a  third  time,  and  passed     ...    349 
Newspapers,  on  motion  of  Mr.  Lacock,  an  order 

was  passed  for  the  usual  supply  of         -       10 
New  York,  a  bill  from  the  House  of  Represent- 
atives for  altering  the  time  for  holding  the 
circuit  court  in  the  southern  district  of    -    848 
read  a  first  time         .        .        .        ^        .    256 
read  a  second  time,  and  referred         -        -    268 
reported  without  amendment     ...    261 
ordered  to  a  third  reading  with  amendments    880 
read  a  third  time,  and  passed  as  amended  -    881 
North  Carolina,  Mr.  Campbell,  of  Tenneiisee, 
submitted  a  resolution  respecting  lands 
granted  by,  to  which  the  Indian  daim  h^s 
not  been  extinguished    -        -        -        -      88 
Mr.  Williams,  of  Tennessee,  also  presented 
a  representation  of  the  Legislature  of  hb 
State,  respecting  grants  of  land  by,  re- 
ferred   ---.--.36 
Mr.  Stokes  presented  the  representation  and 
remonstrance  of  the  Legislature  of,  re- 
ferred to  the  same  committee  -        -     168 
on  motion  of  Mr.  Macon,  the  proper  com- 
mittee was  instructed  to  inquire  into  the 
expediency  of  granting  the  assent  of  Con- 
gress to  an  act  of  the  Legislature  of        -    367 
the  bill  declaring  the  assent,  ^c,  as  in- 
structed, read         .....    881 

read  a  second  time 886 

orderefl  to  a  third  reading  ...    896 

read  a  third  time,  and  passed     ...    898 
Kotaries  Public,  a  bill  to  regulate  the  fees  of,  in 

Washington,  read  -        -        -        -    861 

read  a  second  time 863 

ordered  to  a  third  reading  ...    887 


Qiiioy  Mr.  Morrow  submitted  a  resolvtioD  cmi- 

cerning  the  Borthem  boundary  of  •        -36 
agreed  to,  and   refisrred  to  a  select  OMi<* 

mittee 60 

Ohio  Company's  Psrehaee,  Mr.  Ruggles  iub- 

mittiid  a  Meolotion  aotborising  the  sale 

of  so  much  of  the«  as  has  not  been  oon- 

▼eyed  to  settlers     -        -        -        -        -     116 

agreed  to,  and  referred  to  the  Committee  on 

PttbUoUnda 118 

Orphans  and  Widows  of  persons  slain  in  pobfic 
or  private  armed  vessels  of  the  United 
States,  a  bill  in  addition  to  the  act  giving 

pcnsioas  to,  read 134 

read  a  second  time    ...        -        -     138 
ordered  to  a  third  reading  -        -        -        -     167 
read  a  third  time,  and  pasted      -        -        -169 
Ofer,  John,  and  others,  Mr.  Morril  presented  the 

petition  of,  referred        ....      93 


Page. 
Orr,  Benjamin  Grayson,  Mr.  Roberts  presented 

the  petition  of,  referred  ....  866 
a  memorial  of,  requesting  investigation  of 

his  conduct  as  contractor,  read        •        «  881 
Osgood,  Lemuel  H.,  Mr.  Wilson  presented  the 

petition  of,  referred          ....  896 

a  bill  for  the  relief  of,  read          •        -        •  896 

read  a  second  time     .....  801 

ordered  to  a  third  reading  ....  307 

read  a  third  time,  and  passed     -        •        -  309 
Otis,  Harrison  Gray,  of  Massachusetts,  took  hia 

seat 18 

P. 

Page,  Joseifti  W.,  Mr.  Smith  presented  Hie  po* 

Aiiido  o^  referred 80 

committee  discharged        -        .   •    .        .     867 
Parker,  Samuel,  executor,  Mr.  Troup  preeenied 

the  petition  of,  refcrred  -        -        -        •      70 
an  adverse  report  thereon  ....     181 
read  and  concurred  in        -        -        -        -     1^3 
PassengesB  in  mail  coaohee,  Mr.  Aahmua  stib- 
mittcd  a  resolution  touching  the  aectirHy 

of -    186 

agreed  to,  and  referred  to  a  committee        •    189 
report  thereon    ......    894 

the  committee  discharged  -        •        .        .    897 
Patten,  Thomas,  Mr.  Wilson  presented  the  peti- 
tion of,  referred 09 

adfrene  report  thereon        ....    886 
read  and  concurred  in        -        -        •        -    891 
Patterson,  William,  and  others,  Mr.  Goldsborough 

presented  the  petition  of,  refenod    -        •      98 
Paymaster*  and  Quartermasters  of  the  late  .A.rmy, 
Mr.   Ruggles  submitted  a  resolution  to 
compel  a  more  prompt  settlement  of  the 
accounts  of    -        •        -        -        -        -    174 
agreed  to,  and  referred  to  the  Military  Cdm- 
mittee    ---..--     176 
Pearson,  George,  a  bill  from  the  House  of  Rep- 
resentatives for  relief  of  the  representa- 

•  tives  of,  read -    809 

read  a  second  time,  and  referred         -        -    310 
reported  without  amendment     ...    846 
ordered  to  a  third  reading  ....    360 
read  a  third  time,  and  pasted      ...    368 
Pennsylvania,  Mr.  Lacock  submitted  a  resolution 
to  inquire  into  the  expediency  of  dividing 
the  State  of,  into  two  Judicial  districts    -      87 
agreed  to,  and  referred  to  the  Judiciary  Com- 
mittee     88 

a  bill  to  divide  the  Stute  of,  dec,  read        -    111 

read  a  second  time 116 

oidered  to  a  third  reading  -        -        •        -    106 
read  a  third  time,  and  paaaad  .  -        -        -     162 
Pennsylvaaia  Hospital,  a  bill  from  the  Ho«se  of 
Representatives  to  remit  the  duties  on  a 
painting  ibr  the,  read     .        -        -        •      69 
read  a  second  time,  and  referred        •        -      78 
reported  without  amendmaat     -        .        •      80 
ordered  to  a  third  reading  -        -        -        -      82 
read  a  third  time,  and  passed     -        •        -       84 
Pensioners  of  the  United  States,  Mr.  Wilson 

submitted  a.  resolution  asking  for  a  list  of    814 
agreed  to,  and  referred  to  the  President,  dec    816 
a  Meaeage,  with  report,  in  reply  •    89? 
PensioDt,  appontuient  af  the  ataDdiBg  commit- 
tee on   -        -      86 


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xvni 


INDEX. 


xxvm 


Senate  Proceedings  and  pebatee. 


Page. 


161 
165 
211 
259 
262 

68 

72 

78 
116 
138 


224 


66 
341 

92 
228 
227 
280 

280 


Pii«. 


Persons  held  to  labor,  Slc,  a  bill  from  the  House 
of  Representatives  to  provide  for  the  de- 
livery of|  dbc,  read        ... 
read  a  second  time,  and  referred 
reported  with  amendments 
ordered  to  a  third  reading  ... 
read  a  third  time,  and  passed  as  amended 
Peters,  John,  and  8abin  Pond,  Mr.  Otis  present 
ed  the  petition  of,  referred 
report  of  Uie  Secretary  of  Treasury  thereon 
report  and  petition  referred  to  the  Commit 

tee  of  Claims        .... 
an  adverse  report  thereon  ... 
read  and  concurred  in        -        -        - 
Petit,  Peter.  (See  CavaUer,  Anthony.) 
Pettibone,  Daniel,  Mr.  Tichenor  presented  the 

memorial  of,  referred 

committee  dischaiged        .... 
Philadelphia  Bible  Society,  Mr.  Roberts  present- 
ed the  petition  o(  referred      ... 
committee  discharged        .... 
Philanthropic  Society  of  Easton,  Mr.  Goldsbor* 
ough  presented  the  petition  of,       •        . 
Phillips,  John,  the  memorial  of  was  referred     - 
adverse  report  thereon       -       •        -       • 
read  and  concurred  in       -        -        -        • 
Piano-Forte  and  organ  makers,  Mr.  Ooldabor- 
ough  presented  the  petition  of,  referred  • 
Piqua,  Ohio,  Mr.  Morrow  presented  a  petition 

graying  that  a  land  office  may  be  estab- 
■hedat 888 

Planton,  Julia,  a  letter  ixom,  proposing  to  sell  to 
Congress  her  painting  of  the  Treaty  of 
(xhent,  referred      -        -        -        .        -     114 
report  that  it  is  inexpedient  to  purchase     -     118 
read,  and  agreed  to   .....     119 
Poidevin,  Madame,  a  bill  from  the  House  of  Rep- 
resentatives for  reUef  of,  read  twice 
read  a  third  time,  and  passed     ... 
Porter,  General  Moees,  a  bill  from  the  House  of 
Representative*  for  relief  of,  read  - 
read  a  second  time,  and  referred 
reported  with  amendments        ... 
ordered  to  a  third  reading        ... 
read  a  third  time,  and  passed  as  amended 
Post  Offices  and  Post  Roads,  appointment  of  the 

standing  committee  on  - 
Poet  Roads,  a  bill  from  the  House  of  RepreMnta- 
tives,  to  alter  and  establish  certain,  road 
read  a  second  time,  and  referred 
reported  without  amendment,  and  ordered 

to  a  third  reading 390 

read  a  third  time,  and  passed    ...    392 
Post  Routes,  Mr.  Ashmnn  presented  the  petition 
of  sundry  inhabitanU  of  Massachusetts, 
praying  the  establishment  of  certain,  re- 
ferred     79 

Mr.  Noble  presented  a  resolution  on  the 

subject  of 

agreed  to  and  referred        .... 

Mr.  Wilson  submitted  a  similar  resolution 

respecting,  in  New  Jersey      .        -        - 

agreed  to  and  referred        .... 

Mr.  Rnggles  presented  a  petition  for  - 

Mr*  Troop  presented  a  petition  for  change  of 

Preemption,  Mr.  Williams  presented  a  memorial 

of  the  Legislature  of  Mississippi  relative 

to  the  right  of,  referred  -        -        -        -    261 


384 
890 

271 
272 
842 
848 
349 

26 

384 
385 


114 
117 

201 
206 
281 
294 


10 
12 

28 


171 
223 


26 
128 
160 
M2 


President,  committee  appointed  to  inform  the,  of 

a  quorum  for  business,  dice.     -        -        . 

the  first  Message  of  the     .... 

reference  of  the  same  to  appropriate  com- 
mittees ...... 

Prisoners  of  War,  a  report  from  the  Secretary  of 
the  Treasury,  relative  to  the  fund  appro- 
priated for  the  safe-keeping,  dec,  of 
Promulgation  of  the  Acts  of  Congress,  Mr.  Wil- 
son submitted  a  resolution  in  relation  to 
considered,  and  agreed  to  - 
Public  Accounts,  Mr.  Sanford  submitted  a  reso- 
lution of  inquiry  into  the  progren  made 
under  the  act  for  the  prompt  settlement 
0^  agreed  to,  and  referred       ... 
report  of  the  Secretary  dTreBMorj  in  tef/ky 
referred  to  the  Finance  Committee    - 
the  committee  discharged  .... 

Public  Buildings,  on  motion  of  Mr.  Laoock,  so 
much  of  the  President's  Message  as  re- 
lates to,  was  referred  to  the  Committee 
on  the  District  of  Columbia  •       .        . 
a  bill  from  the  House  of  R^reeentatiTes, 
making  fbrther  provision  for  repairing  the, 
read      ....... 

read  a  second  time,  and  referred 

reported  without  amendment     ... 

ordered  to  a  third  reading         ... 

read  a  third  time,  and  passed    ... 

Mr.  Goldsborough  submitted  a  resolution 

calling  for  an  annual  report  of  the  pro* 

gress  made  in  the,  &c.  - 

agreed  to,  and  a  committee  appointed  to 

present  it  to  the  President      ... 

a  Message,  transmitting  a  report  in  reply   - 

a  bill  from  the  House  of  Representatives 

making  appropriations  ibr  the,  read 
read  a  second  time,  and  referred 
reported  with  amendments         ... 
ordered  to  a  third  reading  .... 

read  a  third  time,  and  passed  as  amended  - 

the  House  of  Representatives  concurred  in 

some  and  disagreed  to  other  amendmeots 

the  Senate  receded  from  the  amendments 

disagreed  to  -        - 

Public  Depositee,  report  of  the  Secretary  of  the 

Treasury  on  the  subject  of  the 
Public  Documents,  Mr.  Daggett  offered  a 
lution  authorizing  the  distribution  of 
tain,  read      .... 

read  a  second  time,  and  refened 
reported  with  amendments 
oidered  to  a  third  reading  - 
read  a  third  time,  and  passed     - 
Mr.  Daggett  offered  another  reaolation  an- 
thorising  a  further  distribution  of  certaon, 
read      .---.. 
read  a  second  time    •        .        .        .        .     202 

Public  Lands,  appointment  of  the  standing  com- 
mittee on 

Purceil,  Wm.,  adverse  report  on  the  petition  of 

read,  and  concurred  in       -        -        -        - 

Purchasers  of  Public  Lands,  a  bill  to  authorize 

certain,  to  withdraw  their  entries   and 

transfer  the  moneys,  dec        ... 

read  a  second  time    .....    I7€ 

ordered  to  a  third  reading         ...    lt6 

read  a  third  time,  and  pawed     ...    200 

Google 


92 

94 

114 

IIT 

120 


-     182 


138 
901 


-     340 


367 
378 

380 

384 

385 


21 
34 
35 

01 


109 


174 


Digitized  by' 


XXIX 


INDEX. 

Senate  Proceedtnge  and  Debates. 


xym 


Q.  Page. 

Qaoram,  interchange  of  mettages,  ^bc,  on  the 

sabjecftofa    ......       10 

R. 

Rangers,  a  bill  from  the  House  of  Representa- 
tives for  relief  of  a  company  of,  read        -     361 
read  a  second  time,  a)id  referred        -        •    361 
reported  without  amendment     ...     367 
indefinitely  postponed        '        '        ;        *    ^0 
Ready-made  Clothing,  Mr.  Lacock  presented  the 
petition  of  sundry  journeymen   tailors, 
praying  an  additional  duty  on  the  impor. 
tation  of,  referred  .....    200 
Receivers  and  Registers,  a  bill  from  the  Houae  of 
Representatives  to  change  the  compensa- 
tion of,  read  twice,  &,c.  ....    384 
read  a  third  time,  and  passed      ...    389 
B#ctor,  William,  Mr.  Morrow  preaented  the  pe- 
tition of,  referred    -        -        -        •        -310 
Regulations  for  Naval  Service,  a  measage,  with 

a  copy  of  the  rulea  and  ....    392 
BMenred  sectiona  of  land  in  Ohio,  a  bill  respect- 
ing certain,  read 216 

read  a  second  time 219 

ordered  to  a  third  reading  .        -        •        ,    264 
read  a  third  time,  and  passed     •        •        .    266 
R«Tolutionary  War,  a  bill  from  the  Hooae  of 
Repreeentativea  to  provide  for  aurriving 
officara  of  the»  read         ....      69 
read  a  second  time,  and  referred         -        •      72 
reported  with  amendments         •        •        -116 
ordered  to  be  printed  •        -        -        -    212 

read  a  third  time,  and  passed  as  amended  -    223 
the  House  of  Representatives  agreed,  with 

an  amendment       •        -        -         -        -    231 
in  which  the  Senate  concurred  •        -        -    241 
a  resolution  from  the  House  of  Representa- 
tives for  printing  and   distributing  the 
above  act,  read       .....    301 
read  a  second  time    .....    307 
indefinitely  postponed        -        .        .        .312 
Rheams,  Tobias,  a  bill  from  the  House  of  Repre- 
sentatives confirming  the  claim  of,  to  a 
certain  tract  of  land       ....    281 

read  the  first  time 286 

291 
300 
308 
809 

114 
309 

61 
80 
83 
93 
169 
222 

113 
161 
164 


read  a  second  time,  and  referred 

reported  without  amendment     ... 

ordered  to  a  third  reading  .... 

read  a  third  time,  and  passed  as  amended  • 

Rhode  Island  Brigade,  Mr.  Burrill  presented  the 

memorial  of  the,  referred        ... 

committee  discharged        .... 

Rice,  John,  Mr.  Fisk  presented  the  petition  of, 

referred 

adverse  report  thereon       .... 
read,  and  concurred  in       -        -        -        - 
Rice,  Elijah,  Mr.  Dsggett  presented  the  petition  of 
adverse  report  thereon        -        - 
read,  and  concurred  in       -        •        -        • 
Ridgely,  William  G.,  Mr.  Goldsborough  present- 
ed the  petition  of,  referred      ... 
adverse  report  thereon       .... 
read,  and  concurred  in      -        -        -        - 
Rights  of  Subalterns,  a  memorial  from  commis- 
sioned  officers  of  the  Navy,  praying  legis- 
lative provision  for  the  protection  ef  the  - 
referred  to  the  Naval  Committee 


26 
34 


Page. 
Rivers,  Joe)»  Mr.  Macon  presented  the  petition  o^ 

referred 26 

adverse  report  thereon       -        ...  80 

read,  and  concurred  in       -        -        .        -  81 
Roads,  a  bill  making  appropriations  for  repairing 

certain,  read  ......  73 

read  a  second  time    .....  79 

referred  to  a  select  committee    ...  no 
reported  with  an  amendment     .        .        .116 

ordered  to  a  third  reading  ...        .        .  124 

read  a  third  time,  and  passed     -        .        .130 
Roads  and  Inland  Navigation,  appointment  of  a 

select  committee  on       -        -        -        .  33 
Mr.  Ruggles  submitted  a  resolution  to  in. 
struct  said  committee  concerning  a  cer- 
tain road 61 

which,  being  amended,  was  agreed  to        -  63 
Robinson,  Thomas,  and  others.    (See  Hatf^poff 
firUfe.)                                        '^^ 
Rodgets,  Commodore  John,  a  bill  from  the  House 

of  Representatives  for  the  relief  o(  read  -  SlI 

read  a  second  time,  and  reforrcd         .        .  314 

reported  without  amendment     ...  842 

ordered  to  a  third  reading  -        .        .«        .  848 

read  a  third  time,  and  passed     ...  349 
Rose,  Martin,  and  William  Purcell,  Mr.  Taylor 

presented  the  petition  o^  referred  -        -  60 
adverse  report  thereon       ....  33 
read,  and  concurred  in       -        -        -        -  91 
Ross,  Henrietta,  Mr.  Johnson  presented  the  peti- 
tion off  referred 240 

eommittee  discharged        ....  300 
Rossiter,  Tiniothy,  and  others,  Mr.  Sanford  pre- 

sented  the  petition  of,  referred        .        .  133 
Rotch,  Thomas,  Mr.  Ruggles  presented  the  me* 

morial  of,  referred 164 

Rudolph,  John,  Mr.  Horsey  presented  the  petition 

of,  referred 267 

adverre  report  thereon       ....  290 

read,  and  concurred  in      -        .        .        .  294 
Russell,  Nathaniel,  and  others,  Mr.  Smith  pre* 

sented  the  memorial  of,  referred     .        -  64 

8. 

Salaries  of  certain  Ofilcers.    (See  Heads  of  De- 

fartmentM,) 
Public  Lands,  Mr.  Leake  submitted  a 
resolution  directing  Inquiry  into  the  eipe- 
diency  of  amending  the  law  relating  to  the      73 
agreed  to,  and  referred  to  the  Land  Com- 
mittee   79 

a  bill  from  the  House  of  Representatives  to 
suspend   the,  in    Louisiana,  d^c,  read 

twice,  Ac. 384 

indefinitely  postponed        -        - '      -        -    389 
Sanford,  Mr.,  speech  ol^  on  his  motion  relating  to 

duties  on  importations   ....      36 
Sargent,  John,  Mr.  Tichenor  presented  the  peti- 
tion of,  referred     212 

committee  discharged        ....    386 
Secretary  of  the  Senate  and  Clerk  of  the  House 
of  Representatives,  a  bill  from  the  House 
of  Representatives  fixing  the  compensa- 
tion of  the,  read     210 

read  a  second  time,  and  referred  -  -  214 
reported  with  amendments  ...  219 
ordered  to  a  third  reading  ....  266 
read  a  third  time,  and  passed  as  amended  -    260 


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SBWttU  FroeaeiirngM  and  Debates. 


Page. 
SectiMi  No.  SO,  Mr.  Roggloi  ftibniiUed  «  reso- 

ItitiOD  respecting 80 

agreed  to,  and  referred  to  the  Land  Com- 
mittee    83 

Seminole  Indiane,  a  M«Mage  from  the  Pretident 

in  relation  to  the   -        -        •        •        -    288 
the  Menage  ordered  to  be  printed      -        -    280 
Senate,  list  of  members  preaent  at  the  opening 

ofthe 0 

the  Vice  President  ef  the  United  States  took 
his  seat  as  President  of  the    -        •        -    212 
Settlers  on  lands  of  the  United  States^  a  bill  from 
the  House  of  RepresentatiTes  concerning, 

read 340 

read  a  second  time    .....    350 

reported  without  amendment     ...    366 
ordered  to  a  third  reading  ....    380 

read  a  third  time,  and  passed    ...    887 
Seybert's  Statistical  Annals,  Mr.  Barbour  sub- 
mitted a  resolution  authorising  a  subecnp- 
taon  to,  read  ......    341 

read  a  second  time,  and  lefim^d        .        -    344 
a  bill  to  authorise  subeoription  to,  read       .    350 

sead  a  second  time 360 

ordered  to  a  third  reading  ....    366 
read  a  third  time,  and  pMsed    -       -       .    SM 
0eybold,  John.    (See  JSmoi^,  Jotuakan,  dbc) 
ihaler,  Ephraim,  and  othen,  Mr.  Tiehenor  pre- 
sented the  petition  of,  reforred        -        -      34 
adverse  report  thereon      -       -        -       -    117 
read  and  concurred  in        -        .        .        .110 
Shoal  Creek,  Tennessee,  a  committee  appointed 
to  inquire  into  the  expediency  of  estab- 
lishing a  miliUry  depot,  dec,  at      -        .173 
Sinking  Fund,  report  of  the  Commissioners  of 

the 173 

Sixth  Circuit  Court,  Mr.  Fromentin  submitted  a 
resolution  relative  to  compensating  the 

judges  of  the 110 

agreed  to,  and  referred  to  the  Judidiffj 

Committee 1X6 

an  adverse  repqrt  from  said  committee        -     129 
read,  and  concurred  in       -        .        .        .    202 
Slade's  Creek,  a  bill  from  the  House  of  Repre- 
sentatives to  abolish  the  port  of  delivery 
established  at,  read         ....    340 
read  a  second  time,  and  referred        -        -    344 
reported  without  amendment     ...    356 
ordered  to  a  third  reading          .        .        .366 
read  a  third  time,  and  passed     .        -        .    369 
Slaves,  Mr.  Roberts  submitted  a  resolution  re- 
specting the  introduction  of,  into  the  Uni- 
ted States 266 

agreed  to,  and  referred  to  a  select  committee    267 
dbcum.  Smith  P.,  Mr.  Burrill  presented  the  pe- 
tition of,  referred 290 

adverse  report  thereon       ....    343 
indefinitoly  postponed        ....    349 
Small,  John,  Mr.  Taylor  presented  the  petition 

of,  referred 216 

a  bill  for  relief  of,  read       -        .        .        .226 

read  a  second  time 228 

ordered  to  a  third  reading  -        .        .    260 

read  a  third  time,  and  passed     ...    270 
Qmith,  Mr.,  speech  of,  on  the  bill  to  provide  for 

Revolutionary  survivors  ...     140 

on  the  Fugitive  Slave  bill  .        .        .231 

Smith,  Israel,  a  bill  from  the  House  of  Repre- 

s««Utivesforreaefof,read    -        -        -161 


Smith,  Israel — continued.  Page. 

fctad  a  seoond  tima»  and  reftrred         •        -  M 

reported  without  amendment     -    ^   •        -  176 

ordered  to  a  third  reading  ....  223 

read  a  third  time,  and  passed     ...  224 
Smith,  Catharine  M.,  Mr.  King  presented  the 

petition  of,  referred        ....  274 

adverse  report  thereon      ....  S8g 

report  reversed,  and  a  bill  ordered      -         .  291 

a  bill  for  relief  of,  read       ....  390 

read  t  second  time    -        -        .       .        •  2i0 

the  third  reading  negatived        ...  302 
Smith,  Samuel,  Mr.  Lacock  preaented  the  pati- 

tion  of,  referred      .....  945 

adverse  report  thereon  agreed  to        -        .  364 
Smoot,  Benjamin,  Mr.  Williams  presented  the 

petition  of,  referred        ....  ^40 

committoe  discharged        ....  300 
Spain,  Mr.  Barbour  submitted  a  resolution  re- 

^  specting  pending  negotiations  with         -  18 
agreed  to,  and  the  resolution  directed  to  be 

laid  before  the  President        -        -        *  96 
a  Message  from  the  President^  with  the  pa- 
pers asked  for        -        -       •        -        •  906 
referred  to  Committee  of  Foreign  ReUHima  286 
Sparks,  Thomas.    <See  Beck,  Paul) 
Specie  payments  on  Lands,  Mr.  Ruggles  pro- 
sented  a  petition,  representing  the  hard- 
ships of  requiring,  r^rred     ...  liO 
Spragne,  Setb,  and  others,  a  bill  from  tho  Hooae 

of  Representotives  for  relief  of;  read       -  846 

read  a  second  time,  and  retwred        •        -  860 

reported  without  amendmant     ...  866 

ordered  to  a  third  reading          ...  866 

read  a  third  tin»e,  and  passed     ...  368 

Staff  of  the  Army,  a  bill  to  reduce  the,  read       -  216 

read  a  second  time    .....  814 

referred  to  the  Military  Committee    -        -  868 

reported  with  an  amendment     ...  878 

ofdered  to  a  third  reading                  -        -  886 

read  a  third  time,  and  passed    ...  888 
returned  from  the  House  of  Representatrres 

with  an  amendment      ....  848 
read,  and  concurred  in      -        -        -        -  886 
Standing  CooHnittees,  appointment  ofthe         -  85 
Stark,   Major  General  John,  a  bill  from   the 
House  of  Representativaa  for  reliaf  ol^ 
read      --.....  884 
read  a  second  time,  and  raferrad         -        -  886 
reported  without  amendmant     ...  887 
ordered  to  a  third  reading          .       .        *  381 
a  motion  that  it  be  then  read  a  third  tune 
objected  to,  as  against  the  rule       -        -  391 
SUles,  George.    (See  TeruaU^  Thomtu^ 
Stockton,  John,  Mr.  Hoisey  presented  the  peti- 
tion of,  referred      .....  160 
adverse  report  thereon       ....  S06 
read,  and  concurred  in       -        -        -        -816 
Stokes,  Mountford,  of  North  Carolina,  took  hie 

■eat 81 

Storer,  Clement,  appointed  a  Senator  by  the 
Legislature  of  New  Hampshire  in  place 
of  J.  Mason,  resigned,  produced  his  cre- 
dentials, dec.   .....        .9 

Storer,  Joseph,  Mr.  Storer  presented  the  petition 

of,  rderred    .....        .63 

committee  discharged     ....  888 

Stubbs,  John  G.,  Mr.  Morrow  presented  the  peti- 
tion of,  referred      -        -        -        -        •  68 

(See  Edwardi,  WiiHam.) 


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XXJUV 


Senate  Prooeeding§  and  Debates. 


Page. 
Sturgets,  Robert,  Mr«  Taylor  preianted  the  peti- 
tion of,  referred 164 

report  of  the  Secretary  of  War  thereon,  re- 
ferred   --.-.--    aoo 
Subsistence  of  troope,  employed  against  the  Sem- 
inole tribes,  Mr.  Williams,  of  Tennessee, 
submitted  a  resolution  of  inqoiry  into  the 

manner  of 119 

agreed  to,  and  the  resolution  ordered  to  be 

presented  to  the  President     •        -        -129 
a  Message,  with  report  from  the  Secretary 

of  War  in  reply 160 

Sullivan,  Mary,  a  bill  from  the  Hpuse  of  Repre- 
sentatives for  relief  of,  read  twice,  and  re- 
ferred   --.----    350 
reported  without  amendment  —        -        -    360 
ordered  to  a  third  reading  -        •        •        .    377 
read  a  third  time,  and  passed    ...    379 
Surplus  Lands,  Mr.  Taylor  submitted  a  resolur 

tion  relating  to      -        •        -        -        -      93 
agreed  to,  and  referred  to  the  Land  Com- 
mittee   109 

Surveyor  of  Public  Lands*  Mr.  Williams  aub- 
mitted  a  resolution  to  inquire  what  had 
been  done  under  the  act  authorising  the 
appointment  of  a,  in  the  northern  part  of 

Missiisippi 110 

amended,  and  ordered  to  be  preaented  to 

the  President 115 

a  Meiaage,  containing  a  reply  thereto        -    217 
a  bill  allowing  an  additional  salary  to  the, 
in  Illinois  and  Missouri,  read  •        -    226 

read  a  second  time 228 

ordered  to  a  third  reading  ....    264 
read  a  third  time,  and  passed     ...    266 
Swain,  Joshua,  and  others,  Mr.  Dickerson  pre- 
sented the  petition  of^  referred        .        .119 
an  adverse  report  thereon  -        •        .        *     170 
read,  and  concurred  in      •        *        *        .     172 
St.  Clair,  Major  General  Arthur,  a  bill  from  the 
House  of  Representatives  for  relief  of, 
read  twice,  and  referred  -        -        -     178 

reported  with  amendments  .  .  .176 
ordered  to  a  third  reading  •  .  .  .  200 
read  a  third  time  .....  212 
afler  debate,  passed  aa  amended         -        .214 

T. 
Talbot,  Isham,  of  Kentucky,  took  hie  seat          -      34 
Tate,  David,  Mr.  Williams  presented  the  peti- 
tion of,  referred  # 212 

committee  discharged        ....    221 
Taylor,  John,  a  bill  fh»m  the  Home  of  Repre- 
sentatives authorizing,  to  be  plaoea  on 
the  list  of  pensioners     -       -        -       -281 

read -    286 

read  a  second  time,  and  referred  -  -  291 
committee  discharged,  and  bill  committed 

to  the  Committee  of  the  Whole     .        -    840 
reported  without  amendment     ^        .       .    346 
indefinitely  postponed       ....    359 
Tenant,  Thomas,  and  George  Stilea,  Mr.  OoMs- 

borough  presented  the  petition  o^  refeired     161 
report  thereon  ordered  to  be  printed  -        •     239 

the  report  adverse 297 

Tennessee,  a  bill  to  authorise  the  State  of,  to 

issue  grants,  dec,  read  ....      66 

read  a  second  time 67 

referred  to  a  select  eommittee    •       -       -      68 
15th  Con.  Ist  Ssss.— B 


Tennessee — continued. 

reported  with  amendmente 
ordered  to  a  third  reading  .        •        . 

read  a  third  time,  and  passed    -        .        . 
Mr.  Campbell  presented  a  memorial  of  the 
Legislature   0^    relating    to   unsatisfied 
claims  derived  from  North  Carolina,  or- 
dered to  be  printed        .... 
referred  to  the  committee  on  ,the  above  bill 
Territorial  Government,  Mr.  Tait  submitted  a 
resolution  to  repeal  the  act  to  create  a 
separate,  in  the  eastern  part  of  Mistisaippi 
agreed  to,  and  referred      .... 
a  bill  to  alter  and  amend  the  act  mentioned, 

read      -        -        -        . 

read  a  second  time    . 

referred  to  a  committee     '. 

reported  with  amendments 

ordered  to  a  third  reading 

read  a  third  time,  and  passed 

Texas,  on  motion  of  Mr.  Fromentin,  the  petition 

of  the  inhabitants  of,  presented  at  the  last 

session  of  Congress^  was  referred  to  the 

Land  Committee 

the  committee  discharged  .... 
Third  Auditor,  a  bill  firom  the  House  of  Repre- 
sentatives, transmitting  the  claim  &om 
the  office  of  Commissioner  of  Claims  to 
that  of  the,  read  three  timea,  and  paased 
Thompson,  John,  a  bill  from  the  House  of  Rep- 
resentatives, in  addition  to  the  act  for  re- 
lief of,  read  twice,  and  referred 
reported  without  amendment     *>        .        • 
recommitted  to  same  committtee 
reported,  and  a  third  reading  negatived 
Mr.  Barbour  presented  the  petition  of,  and 
gave  notice  that  he  meant  to  aak  leave  to 

bring  in  a  bill 

according  to  notice,  Mr.  Barbour  introduced 
a  bill,  in  addition  to  the  act  for  the  relief 
of,  which  was  read        .... 

read  a  second  time 

ordered  to  a  third  reading        - 

read  a  third  time,  and  passed    ... 

Thorn,  Joseph,  a  bill  from  the  House  of  Repre 

sentatlves  for  the  relief  of,  read 

read  a  second  time,  and  referred 

reported  without  amendment     ... 

third  reading  negatived     ...        * 

Thoradike,  Israel,  Mr.  Otis  presented  the  petition 

of,  referred    •        .        .        - 

«  bill  for  relief  of,  read       .... 

read  a  second  time    ..... 

indefinitely  poetponed       .... 

Three  per  oent^  Mr.  Noble  submitted  a  reeolo- 

tion  respeetingthe,due  to  Indiana  on  the 

sales  of  landa,  dtc.  .... 

agreed  to,  and  referred      •        •        •        • 

a  bill  to  provide  for  paying  the,  read  - 

read  a  second  time    •        .        •        .        • 

mad  a  third  time,  and  passed     ... 

returned  from  the  Honse  of  Repreaentatives 

with  amendmente  .... 

read,  and  disagreed  to       •        -        •        • 

Tieman,  Luke,  and  others,  Mr.  Goldsborough 

presented  the  petition  of,  referred   -  '     - 

committee  discharged        .... 

Timberiake,  John  B.,  Mr.  Barbour  presented  the 

petition  of,  referred    ..... 

committee  discharged     ,  -        -        •       • 


Page. 
274 
288 
293 


68 
159 


U7 

119 

\d5 

138 
169 
176 
217 
1|19 


172 
386 


392 


78 

90 

93 

116 


119 


162 
166 
168 
169 

-  308 
309 
356 
368 

128 
280 
286 
295 


64 
66 
80 
64 

90 

311 
342 

206 


364 
388 


Digitized  by 


Google 


uxv 


DTDEK. 


xnfi 


Smote  Pro6eeding9  and  Debcie9. 


Ptg«. 
Tompkins,  Daniel  D.,  Vice  Prendent,  attended, 

and  took  the  Chair  -  -  r  -  212 
notice  that  he  wilt  retire  for  the  seaiion  -  290 
Tonnage  and  Discriminating  Duties,  a  bill  con- 
cerning, read  twice  ....  362 
ordered  to  a  third  reading  ...  866 
read  a  third  time,  and  passed  ...  369 
ntumed  from  the  Honse  of  Representatives 

with  amendments  .....    384 
read,  and  concurred  in      -        -        -        -    389 
Traffic  in  Negroes,  Mr.  Ooldsborough  presented 
a  memorial  of  the  Society  of  Friends  on 
the  subject  of,  referred  -        -        ^        -      61 
Transportation  of  Persons  of  Color,  a  bill  respect- 

ing  the,  read^ 172 

read  a  second  time    .....     174 
ordered  to  a  third  reading        ...    261 
read  a  third  time,  and  passed    ...    263 
Treasurer  of  the  United  States,  the  general  ac- 
count of  the,  presented  ....    278 
Treasury  Notes,  a  bill  from  the  House  of  Repre- 
sentatiTes  to  authorize  payment  on  lost, 
du^,  read  twice,  and  referred  -        -        .    368 
indefinitely  postponed        ....    390 
Treaty  of  Ghent,  Mr.  Troup  submitted  a  resolu- 
tion to  inquire  of  the  President  as  to  the 
execution  of  the  first  article  of  the  -      32 

agreed  to,  and  the  resolution  directed  to  be 

£  resented       •-....      36 
fessage,  with  the  report  of  the  Secretary 

of  SUte  in  reply 68 

another  Message,  relating  to  the  construction 
given  by  the  Commissioners  to  the  fourth 
article    .         .         . '      .        .        .         .     226 
Tioup,  George  M.,  of  Georgia,  took  his  seat       -      24 
remarks  of,  on  Mr.  BurriU's  resolution  re- 
lating to  the  African  slave  trade     -         74,  76 
speech  of,  in  reply  to  Mr.  Burrill        .        .      99 
Troup,  James,  and  others,  Mr.  Troup  presented 

the  petition  of,  referred  -        -        .        .      82 
Troup,  John,  Mr.  Sanford  presented  the  petition 

of,  referred    .-        .        -        -        .        .    219 
Tyler,  Benjamin  O.,  a  letter  from,  presenting  to 
the  Senate  the  first  fac  simile  copy  ever 
made  of  the  Declaration  of  Independence    88 1 

U. 

Useful  Arts,  a  bill  to  promote  the  progress  o^ 

wad 174 

read  a  second  time,  and  referred  .  .  176 
reported  with  amendments  ...  228 
oidered  to  a  third  reading  .        .        •    262 

read  a  third  time,  and  passed  ...  268 
a  bill  in  addition  to  the  act  to  promote  the 

progress  of,  read  twice,  and  referred  -  219 
reported  with  amendments  ...  223 
ordered  to  a  third  reading  •        «        •    262 

indefinitely  postponed        ....    362 
Useless  Officers   of  the  Customs,  Mr.  Golds- 
borougb  presented  a  resolution  requesting 
the  President  to  cause  to  be  laid  before 
the  Senate  at  the  next  session  a  list  of    -    368 
modified  and  agreed  to       •        -        .        .    376 

V. 

Taccine  Agents,  a  bill  from  the  House  of  Repre-- 
sentatives  to  extend  the  privilege  of  frank- 
ing to    -        - 281 

read 286 


Yaodne  Agents — continued.  Page, 

read  a  second  time,  and  refeiiad                 •  211 

reported  with  amendments        ...  J94 

Hll  rejected       ------  299 

Valle,  John  Bapiist,  Mr.  Morrow  presented  the 

petition  of,  referred         ....  64 

committee  discharged         -        -       -        -  988 

Van  Dyke,  Nicholas,  of  Delaware,  took  his  seat  91 
Yarick,  Richard,  and  others,  Mr.  King  presented 

the  memorial  of,  referred        ...  70 

committee  discharged         -        -       -        -  251 

Yincennes,  Mr.  Taylor  presented  ^  petition  of 

the  Trustees  of  the,  Univern^,  referred  -  9t 

adverse  report  thereon       ....  94 

read,  and  concurred  in       -        -        -       -  199 

Mr.  Taylor  presented  the  petition  of  citisens 

of,  referred 991 

a  bill  to  adjust  the  claims  to  lots  in  the 

town  of,  read          .....  SI9 

read  a  second  time    -----  2tt 

ordered  to/a  third  reading          -        -        -  298 

read  a  third  time,  and  pused     -        -        •  270 
Mr.  Taylor  presented  another  petilieo  of 

dtiiens  of,  read,  and  referred         -       -  262 
eommittee  discharged         ....  886 
Yine  and  Olive,  Mr.  Daggett  submitted  a  reso- 
lution asking  the  President  for  informa- 
tion as  to  proceedings  under  the  act  to 
enoonrage  the  cultivation  of  tiie     -       -  T9 
amended,  and  agreed  to     -        -        .       .  72 
a  Message,  with  the  information  asked  for  •  285 
referred  to  the  Land  Committee         •       -  280 
Yirginia,  a  bill  from  the  House  of  Representa- 
tives altering  the  time  for  holding  the  dis- 
trict court  of;  read           -        -        -       -  219 
read  a  second  time,  and  referred          -       •  222 
reported  without  amendment     -        ^       -  226 
ordered  to  a  third  reading           ...  269 
read  a  third  time,  and  passed      -        .        -  279 
Y^irginia  Militsry  Land  Warrants,  Mr.  Eppes 
submitted  a  resolution  extending  the  time 
for  locating  Ae.      -        ....  69 
agreed  to,  and  referred       ....  63 
a  bill  to  extend  the  time,  dec,  read    -        -  64 

read  a  second  time 66 

ordered  to  a  third  reading           ...  68 

read  a  third  time,  and  passed     ...  89 
returned  from  the  House  of  Representatives 

with  amendments  -        -       -        -        -  310 

read  and  concurred  in        -        -        -        -  246 

Yolunteer  Mounted   Cavalry,  a  bill  from   the 

House  of  Represen  Atves  for  relief  o^ 

read      --...-.861 

read  a  second  time,  and  referred        -        -  361 

reported  without  amendment    -        -        -  887 

ordered  to  a  third  reading          •        -        -  88S 

read  a  third  time,  and  passed    -        -        -  987 

W. 
Wait,  Thomas  B.  &  80ns,  Mr.  Otis  presented 

the  memorial  of^  referred        -        -        -  171 
a  bill   authorizing  a  subscription  for   the 
eleventh  volume  of  the  State  Papers  of, 

read 219 

read  a  second  time    ....        .981 

ordered  to  a  third  reading          -        -         ^  W 

read  a  third  time,  and  passed    -        -         -  179 

Wait's  State  Papers,  a  resolution  from  the  Hoose 

of  Representatives  directing  the  Judges  of 

the  Supreme  Court  to  be  famished  with  208 

Digitized  by  VjOOQIC 


XXXTU 


INDB3L 


xxxi4ii 


Senate  Prooeedinge  emd  Debaiee. 


Wait'f  State  Papen — coatiniiad,  Pagv. 
reiolation  read  -  -  ...  tlO 
read  a  second  time,  and  referred.  -  -  214 
reported  without  amendment  ...  816 
read  a  third  time,  and  passed  ...  827 
Walder,  Loring  A.,  Mr.  Noble  presented  the  pe- 
tition o^  referred  118 

eonmittee  diseharged,  and  papers  referred 

to  the  Postmaster  General     -        -        -  388 
Waid,  SamaeU  Mr.  Kio^  presented  th»  petition 

of,  referred    -•....  816 

a  bill  ibr  rehef  oi;  read      ....  868 

weed  a  aeoond  time 860 

ordered  to  a  third  reading          ...  879 

read  a  third  time,  and  pwed    •        -        -  887 
Wasnaek,  Frederick  C,  Mr.  WilHaais  of  Ten- 

ne«ee  presented  the  niMBorial  of   -       •  171 
Warner,  Mar^n^  Mr.  Daggett  presented  the  pe- 
tition of,  referred 188 

a  bill  for  the  relief  o^  read         •        -        -  178 

read  a  second  time 174 

ordered  to  a  third  reading          ...  177 

read  a  third  time,  and  pMeed     ...  187 
Washington^  Mr.  Goldiborough  preeented  the  pe- 
tition of  the  Major,  dec.  of  the  citj  of, 

referred         ......  866 

a  hill  supplemental  to  the  act  to  amend  the 

charter  o^  read 866 

laid  «  second  time 867 

ordered  to  a  third  reading  <        •       •       •  888 
read  a  third  timet  and  passed     ...  801 
Wells,  George  R.    (See  Aueiin,  Mafet  Lermg. ) 
Wells,  Benjamin,  Mr.  Laeock  presented  the  peti- 
tion of,  relerred     •        -        •        .        -  810 
adverse  report  thereon       ....  857 
read,  and  ooneoffred  in       -        .       .        -  860 
Welsh,  Ann,  Mr.  Daggett  preeented  the  peti-  . 

tionof •       •  110 

adverse  report  theieon       ....  806 
read,  and  concnrred  in       *        *        .        -  809 
Wendell,  JaooU.  end  oiheiv^  Mr.  Storer  preeent- 
ed the  petition  of,  referred      ...  814 
Wetmore,  Alpbonso.    (See  Skakr^  Epkraim.) 
White,  Hatfield,  Mr.  Ruggles  presented  the  peti- 
tion o^  referred     87 

a  favorabla  report  made     ....  73 

read,  and  negatived 79 

White,  Margaret,  Mr.  Wilson  presented  t|M  peti- 
tion of,  referred      -                -        •        -  161 
adverse  report  thereon       •        ...        .  867 

read,  and  concurred  in      -        -        -        .  360 
White,  Vassel,  Mr.  Aahmun  presented  the  peti- 
tion uf^  referred      •        -        -        -        -  167 

adverse  report  thereon       ....  894 

read,  and  concurred  in      j-        -        -        .  297 
Wilcox,  De  Lafayette.    (See  Shaler,  Ephraim,) 
Wiilard,  Silas,  Mr.  Fisk  presented  the  petition 

of,  referred     ......  38 

a  biH  for  the  relief  of,  read         ...  66 

read  a  second  time    .....  68 

ordered  to  a  third  reading  -        ...  73 

negatived          ......  81 

Williams,  John,  appointed  a  Senator  by  the  Le- 
gialature  of  Tennessee,  produced  his  cre- 
dentials, dbc.  ......  9 

Williams,  Thomss  H.,  appointed  a  Senator  by 
the  Legislature  of  Mississippi,  produced 

his  oredenttkis,  dec        -        -        -        .  86 

drew  the  lot  for  longest  term     •        -        -  88 


Pig«. 


866 

878 
878 

70 


•    818 
886 

281 


186 


94 
110 
188 
174 
861 


846 

861 
880 
889 

811 
341 
868 
368 


Williams,  Benoni,  Mr.  Laeock  presented  the 
petition  o^r^forred         .... 

adverse  repoit  thereon       .... 

read,  and  coneuned  in      •       •       .       « 
Wilson,  William,  and  others,  Mr.  Goldsberongfa 

preeented  the  petition  of,  referred  • 
Wilson,  Richard  K.,  Mr.  Roberts  presented  the 
pedtioti  o^  referred 

advefso  report  thereon 

read,  and  concurred  in      ...       . 
Wtfgman,  Charles.    (See  CiiffM,  Tktmme^  and 

oihere.) 
Wiseman,  Abraham,  Mr.  Taylor  pgeeentad  the 
petition  of,  referred  .... 
Witnesses  before  Oiurts  ^Martial,  Mr.  Ashmom 
submitted  a  resolntion  relating  to  provisieft 
for  the  attendance  of     «       .       .       . 

agreed  to,  and  referred      .... 

report  thereon  ...... 

referred  to  the  Naval  Committee 

said  committee  discharged  therefrom  - 
Work,  John,  a  bill  from  £e  House  of  Repre- 
sentatives for  relief  o^  read  twice,  and  re- 
ferred   .... 

reportei  without  amendment 

ordered  to  a  third  reading  > 

read  a  third  time,  and  passed 
Worthington,  Gad,  a  bill  from  the  House  of  Rep- 
resentativee  for  relief  oi;  read 

read  a  second  time,  and  referred 

reported  without  amendment     ... 

third  reading  negatived     .... 
Wright,  Thomas,  Mr.  Morril  presented  the  peti- 
tion o(  referred      -        -        .        •        .116 

adverse  report  thereon       ....    830 

read,  and  concurred  in       -        ?        .        .    841 
Y. 
Yeas  and  Nays,  on  striking  out  part  of  the  resQ. 
faition  OB  the  African  slave  trade    - 

on  concttiiing  in  the  adverse  report  in  the 
case  of  Peter  6l  Pond     .... 

on  entering  on  the  Journal  the  re89kitio& 
and  inatructionf  of  Tennessee 

on  indefinite  postponement  of  the  hill  for  re- 
ttaf  of  survivors,  dtc       .... 

on  amending  the  same       -      311,  880,  881,  888 

on  referring  the  bill  for  relief  of  General  St 
Clair 8lt 

on  the  final  passage  of  the  eame  •    814 

on  the  third  reading  of  the  hill  providing  for 
survivors,  dto.        .....    888 

•OB  amending  the  Fugitive  Slave  bill  .     886, 869 

on  the  third  reading  of  the  resolntieB  to 
amend  the  Constitution         ... 

«m  dtsoharging  the  Military  Committee  from 
certain  petitions    -        -        ... 

on  concurring  in  certain  amendments  of  the 
HoQse  of  Representativee  to  the  bill  for 
survivors,  dec.        .        .        -        .        - 

on  the  third  reading  of  a  reeolution  to  amend 
the  Constitution    .       .        .        .       • 

on  indefinite  postponement  of  the  Fugitive 
Slave  bill       -        -  '     - 

on  the  final  passage  of  the  same 

on  concurring  in  adverse  report  on  a  peta- 
tion  in  behalf  of  Revolutionary  officers    - 

on  fixing  a  day  for  the  adjournment  of  Con- 


108 


•    138 


-    170 


800 


88ft 

830 


841 

848 

868 
868 

263 


26T 


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Google 


X£QZ 

!  f  '   r    f . 


IRDBZS. 


Xl 


TfM  and  Nayt— continned.  P^®« 

AA  aSMMynff  th«  UU  for- adjMtiiig  rtofcii 

to  land  in  Indiana  and  MbMim  •  ^72,  ft7i 
on  tha  quMtion  of  pamgt  oftiwtNun«  •  281 
Ml  tha  third  reading  W  tbe  Mtt  aathoriiiag 

Taaaciaea  to  Saaaa  grant!,  te.  -    t6$ 

on  tha  third  readfaig  of  tba  bill  to rad«o*lhe 

ftafof  tha  Army MO 

on  indefinite  poatponettant  of  Mr.  fiaibour'a 

reaolntioB  to  amend  tha  Codatitiition  •  293 
on  poatponement  of  ike  bill  ceBeemiBg'oo<B- 

tiotamaa       ••••••    808 

on  poa^nemant  of  the  bill  to  increaae  the 

eoMpMaakioB  of  certain  jttdgea  •    810 

on  tha  third  reading  of  the  Nairigaiion  Mil  •  839 
MithaAnalpaaaaga^ftheaame  .841 

•B  AUiag  Iha  blattka  in  the  oompatiaatSon  to 

certain  jndgea       •       .        ^        .        .    344 


TMft  and  Naya — eotttfnned.  Page, 

on  the  final  paaiage  of  the  lull  for  com|»en- 

aation  to  certain  judges  .        ,        .    345 

on  the  third  reading  of  the  bill  for  relief  of 

John  Han  -.-...  aSS 
on  the  thir^  reading  of  the  biliaapplemetttal 

to  the  act  to  incorporate  tha  United  StmtM 

Bank 365 

OB  amandaig  the  hiU  oaaoamiag  Exaovtive 

Department!  -        -        •       .      ^.    399 

on  the  third  reading  of  tha  aame  •    360 

on  amending  tha  bUl  making  apfCoeiiattoMB 

for  xepaiiing,  ^60.9  tha  pnUie  onadin^a  -  378 
on  amending  Ike  bBl  laying  additional  d(r- 

ti08«aiMa  «.  •  -  «  .  -  68! 
on  amending  tha  naolstiDa  gtving  artmpay 

toaanFaAt%Ac.,aftha8«aato       *       «    383 


HOUftfi  OF  RBPRB6£NirATIVE&  AND  APPENDIX. 


A.  Page. 

'Abbott,  Mr.,  of  6«orgta,  ipeech  of,  on  the  right 

of  expatriation 1086 

AbcAition  Society  of  Kentucky,  Mr.  IVimMe  prt- 

tented  ^e  petition  of  the,  r^forred        -    51 1 
Mr.  Sergfeant  preaentad  a  aimilar  petition 
from  Pennsylvania,  alio  referred    -        •     820 
Acc6nnti»  iqipointment  of  the  standing  commit- 
tee of    400 

on  motion  of  Mr.  Bassett,  the  caid  commit- 
tee vera  instnictad  to  inqnira  into  the 
mannav  in  which  4ihe  oontractar  fcr  print- 
ing and  ataliooary  had  perfermad  that 
>  doty      -        .     ,   .      ,-        ,        .        -    431 

a  safK»rt  exculpatory  df  the  eontraoUn^  read    486 
Adams,  Mr.,  of  Maaeacbuaettsv  ramaika  «4  on 

tiie  Fugitiva  aiaiFie  taiil  .        -        .        •    837 
African  Colonisation,  Mr.  Meroep^aiapon  oothe 

mMeOkiii 1771 

Aguine,  Ben  Manuel,  4ec.,  cotraapondaBoa  a^ 

'     with  the  Secretary  of  State   -        »        .  188|0 

.  Aikman,  Samuel,  a  bstt  far  taiief  of,  laad  twvice    475 

Qt<dend  to  a  third  reading        ...    506 

read  a  third  time,  and  paaral    •        »        -    515 

Tetumed  fram  the  Senate  with  an  amend- 

mant »       -    570 

i.   :       read)  and  concurred' in      ....    606 
Alahuna  Territory,  the  Speaker  preaentad  te 
petition  of  the  Legislalnre  «^  praying  to 
be  ittYaated  with  the  poster  to  iaooi|H>niito 
tompike  jtompaniea,  dbe.,.  referred         -  1451 
a  bill  concerning,  read  twicey  dec.       »        -  1450 
read  a  third  time^  and  paaaed     ...  1606 
Alien  Daties,  a  biU  from  the  Senate  to  remit 

certain,  read  twice,  4t^        •        •        -  1431 
-  reported  without  amendment    -        •        -  1490 
read-athiidtime,  and  paaaed    -        •        -1778 
Alliaon»  Eeiv.  Ms.,  eleotioa  of,  as  Chaplain        -    406 
t   Alphabetioal  Index  to  acts  and  resolutiosw,  Mr. 
T^kr  anbmitM  a  reaolntien  xeapactiBg 
"     -     an,  read  twice,  and  ordered  toi-  a  third 

reading 1452 


Alphabetical  Index— »oontinued.  P^e. 

read  a  third  time,  and  paaaed    -  -  1457 

Am^a  laland,  appaintmeiil  of  a  aelaet  cemmtt- 

^aaanihaeiikjaatof      ....    405 

Utm  Rhea  atib«ittad  a  raaolntion  ooneermnig    400 

amended,  agreed  to,  and  a  oaramitlea  ap- 
pointed to  wait  on  tha  Predduit    •       .    416 

a  Meaeage,  with  the  iafonaaiiofn  Mked  fx    448 
.    M9rt  of  aalact  aa«imittae  an  the  atato  of  -    646 

«  Measage  from  the  President,  statiag  that 
tha  United  States  lbr«s  had  taken  paa- 
session  of      •        -        •        -        -        •    711 

•an  Motlott  of  Mr.  Serjeant, «  ooBOutlee  wna 
appointed  to  raquaat  of  tko  Praaidant  any 
fothar  InfofKatian  he  m^  poaaeas  relat- 
i9f  to    -       -        .        -        -       -        .  H47 

a  Message  from  the  Presidant,  tMBaaiitting> 
sundry  papers  in  reiadian  to  -        -        •   1523 

the  papers  and  docuraenta  then  traaamitlad, 
(Aptfendix) 1785 

-docomenta  from  the  dectalaiy  af  StaAa  re- 
lating to  the  occupation  of     -       -        .  1897 
American  Bible  Society,  Mr.  Sergeant  presented 

the  petition  of  the,  referred    -        •        .    499 

a  biU  for  remission  of  certain  duties  on  im- 
portations by  the,  read  twice       -        -     818 

read  a  thurd  time,  and  ordered  to  Kb  on  &e 
table 823 

recommitted  to  a  Committee  of  the  M^hole    ^79 

American  and  British  Tonnage,  Mr. Pitkin  anb- 

mitted  seTcral  resolutions  concerning      -     516 

American  Colonisation  Society,  on  motion  of 
Mr.  Mercer,  the  committee  on  the  memo- 
rial of  the,  were  instructed  to  inquire  into 
the  expediency  of  more  eflbctual  provision 
for  prohibiting  the  African  slave  trade    -    8t8 

American  Manufeotufaa,  Mr.  Johnson  aobouttad 

a  rasolution  to  dotha  tha  Army  in        -    495 

Amory,  Jonathan,  a  bill  for  relief  o^  raad  twice  9i6 
ordered  to  a  third  reading  ...  1608 
read  a  third  time,  and  paned    ...  1714 

Digitized  by  VjOOQIC 


^i 


DCDBX. 

Ihaae  FrocBidingt  and  £kbcUe$. 


xm 


P^ge. 


Amount  of  fttm*  awtniftd  undor  tlie  Property 
Act,  a  report  statiog^fae,  from  the  8«cihS 
tary  of  War 

refcrred  to  the  Committee  of  Claims 
Anderson,  Mr.,  of  Kantucky,  remarks  of,  on  the 
Commutation  bill  • 

speech  of,  in  the  case  of  Colonel  John  An* 
derson 

on  the  bill  coneeraing  tiie  right  of  expatol- 
ation     •       -       ^       -       -        .       . 

on  the  Ohio  oontested  election  ... 

Anderson,  Colond  Jehu,  a  bill  to  indemnify, 

twice  read     -«•••.. 

ordered  to  a  third  reading        •        .        . 

read  a  third  time,  aad  passsd     .        «        . 

..  .  Mr.  WiUianis,of  North  Carolina,  sobmitled 

to  the  House  a  letter  he  had  reeeived 

fix>m,  ofibring  a  bribe,  wfaieh  was  read    - 

Mr.  Forsyth  submitted  a  resolution  leamr- 
ing  the  Sergeaat-atrAnos  to  take,  into 
custody 

passed  unanimously  .... 

is  brought  to  the  Bar  of  the  House'  « 

letters  from  the  Speaker,  read   -       «       . 

interrogatories  propounded  to,  at  the  Bar  ef 
the  House      •        -,       • 

address  oi;  to  the  House  •        .        , 

address  ofthe  Speaker  to  ..... 

discharge  of,  from  custody         • 
Andersen,  John,  a  Mil  Ibr  relitf  of,  twice  read 

the  Speaker  presented  a  petition  of,  praying 
that  the  bills  reported  ibr  his  relief  may 
be  taken  up  and  disposed  of,  laid  on  the 
table 

or^red  to  a  third  reading         •       •       • 

read  a  third  time,  and  peseed     « 
Asidmv,  James,  the  GommiMee  oo  Pensions^ 
dice*,  were  instructed  to  iaquite  into  the 
expediency  of  placing,  on  the  pension 

list •        ., 

Afipropriations,  a  letter  from  the  Secretary  of 
the  Treasury  with  estimates  of     .        - 

a  MD  auppleaentary  to  the  act  making,  fbr 
the  current  year,  read  twke  -        -        .1717 
Ariadne,  diip,  a  bill  fbr  relief  of  the  owners  of 

the,  ordered  to  a  third  reading        •*        -  1715 

the  third  reading  negatlred        -        •        -  1719 
Armories,  report  of  the  Secretary  of  War  of  ex- 
penditures, dec.,  at  each  of  die 
Anns  and  Mflltssy  Stores,  on  motion  of  Mr. 
Huntington,  the  Secretary  of  Wer  was 
directed  to  make  a  report  of  • 

report  of  that  officer  in  obedience  thereof  « 
Armstrong,  General,  a  bill  authorizing  payment 
of  certain  bills  drawn  by,  in  iavor  of 
Thomas  Momn,  read  twice,  &c.   - 
Army  of  the  United  States,  on  motion  of  Mr. 
Mercer,  a  committee  was  appointed  to  re- 
quest the  President  to  cause  to  be  laid 
before  ^e  House  a  return  of  the  present 
strength  of  th^  dkc       .... 
,  a  Message,  with  a  report  of  the  Secretaiy  of 
War  in  reply 

a  kin  respecting  the  organization  of  the,  dbo, 
read  twice,  and  committed    ... 

reported  with  amendments,  «nd  ordered  to  a 
third  readiuff 1680 

^ad  the  third  me,  and  passed  ...  I681 


982 

1007 

480 

618 

1035 
1435 

517 
531 
534 


580 


583 
680 
608 
660 

777 
789 
789 
790 
580 


1466 
1677 
1681 


481 


.    476 


879 


530 
981 


1833 


•    433 


496 
818 


Aasy  of  the  United  States — continued.  Page. 

returned  from  the  Senate  with  amendm  ents, 

and  concurred  in  -  .  -  -  .  1777 
a  bill  from  the  Senate  regulating  fhe  staff 

t)f  the,  read  twice,  &c.  -  -  -  ,  1^$ 
reported  without  amendment,  and  ordered 

to  He  on  the  table 1^60 

amended,  and  returned  to  the  Senate  for 
oencurrence  ---...  1592 
Arrearages,  a  bill  making  appropriation  for  the 

payment  0^  read  twice  -  -  .  .  737 
read  a  third  time,  and  passed  -  -  .  799 
returned  from  the  Senate  with  an  amend*> 

ment     -       *       -        -       -       .       .    33^ 
read  and  referred       *        .        .        .      '  ,    942 
agreement  recommended  and  concurred  in    846 
Arundel,  Mrs.,  committee  dischi^rged  from  eon* 

sidering  the  petition  of  *        •        •        ,  1721 
Aseessors  of  the  United^  Stetes,  on  motien  el  ^ 
Mr.  Barbour,  of  Virginia,  the  Committee 
of  Ways  and  Means  were  instructed  to. 
inqufre  into  the  expediency  of  anthori^ 
zing  the  President  to  distribute  an  annuid 
sum  amongtt  the,  for  extra  services       .    864 
report  adrerse  to  the  expediency  of  the 
measure,  read        -        >        .        •        .  i^gl 
Aury,  Commander-in-Chief  at  Amelia  Island^ 
letters  from>  to  the  United  Stetes  oSmtB 
,  who  summoned  him  to  etnvender  said 
island   --..-•.       ^  1Q04. 
Austm,  Archihald,  of  Virginia,  afqpeared,  aftd 

wae  quelifled 468 

re«Mi^  <»(^  en  the  aetieB  to  inquiw  int*  the 

coftduet  of  elerln 796 

speeeh  0$  on  the  lesohitiotti  ceoceitiing  l»- 
temAl  iiRffovement       «...  1201 
Austin,  Major  Loving,  a  bill  ibr  relief  of,  read 

twioe,  Jfce«     --....    ^^ 
reported,  and- ordered  to  a  thhrd  reading'  *  1673 
tead  the  tkhd  time,  and  passed  .        .       «  i67Q 
Authentication  of  Public  Acts,  dec,  on  motion  of 
Mr.  Spencer,  the  Judiciary  Committee 
wereinstructisd  to  inquire  concerning  the    431 
a  bOl  concerning  the,  read  twice       .       •    500, 
indeifaiitely  pos^ned       ....    799' 
Auxiliary  Colonization  Society,  of  Kichmoad, 
Mr.  Tuckerprcsettted  the  memorial  of  the, 
referred        --....    539 
Awards  under  the  Property  Act,  on  motion  of 
Mr.  Porsyth,  the  Secretary  of  War  was 
directed  to  report  an  account  of  the        .    431 
report  of  the  Secretary  of  War  in  reply     -    983 

B. 

Baker,  John,  a  bin  for  relief  of  the  legal  repre- 
sentetives  of  the  late,  and  of  the  late  Pe- 
ter Trouillet,  read  twice,  and  committed  1333 
Baldwin,  Henry,  of  PennsylTanuv  appeared  and 

wasqualffled      •        .  .       .    ^    .    405 

remarks  o(  on  the  bill  to  abolish  internal 

duties  .  •  •  .  .  .  •  428 
speech  o(  on  the  question  of  its  passage  -  434 
on  the  Commutation  bill  .  .  .  .481 
remarks  of;  on  the  bill  concerning  records  4c«  664 
on  the  Fugitive  Slave  bill  -  -  .  .  838 
on  the  resolution  for  adjournment  .-  *  1181 
Ettdl^  Kr.,  of  Virginia,  remarks  of,  on  the  Qom- 

mutition  bill        •       .       ...    479 


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xliii 


INDEX. 

B(mie  Proceedmg*  and  Debate9. 


xlir 


Ball,  Mr^— con  tinned.  Ptf«^ 

■peech  of,  on  the  motion  to  appoint  a  com* 

mittee  of  pnTilegei        •        *       ."  ^^^ 

remarks  of,  on  the  motion  not  to  receife  the 
Pazos  memorial      -----  1866 
Ball,  Mottiom,  a  hiU  for  the  relief  of,  read  twice  1323 
Bank  of  the  United  Sutee,  the  Speaker  present^ 
ed  the  petition  oi  the,  referred 
a  hill  to  amend  the  act  to  incorporate  the, 

read  twice 

a  hill  from  the  Senate  in  addition  to  an  act 

to  incorporate  the  .        -        -        -        - 

read  a  fint  time,  and  a  motion  to  read  a 

•eoond  time  negatived    • 
the  hill  indefiniuly  postponed    - 
Mr.  Forsyth  snbmitted  a  motion  concerning 
tiie,  read        .----- 
Banknipt^,  a  hill  to  establish  a  uniform  system 

of,  read  twice 

read  a  third  time,  in  extmso      .        -        - 
indefinitely  postponed*      .... 
Baibonr,  Mr.,  of  Virginia,  speech  of,  on  the  re- 
peal of  internal  duties    .        -        -        - 
in  the  case  of  Colonel  John  Anderson 
in  reply  to  objections  made  against  his  argu- 
ments    

on  the  Bankrupt  bill 

on  the  resolution  concerning  internal  im- 
provement    .-.--• 
in  reply  to  a  remark  of  Mr.  Clay 
Baribeau,  Pierre,  on  motion  of  Mr.  Scott,  the  pe- 
tition of,  presented  a  year  ago,  was  refer- 
red to  the  Committee  on  Public  Lands   " 
Bar  Iron,  d^,  on  motion  of  Mr.  J.  8.  Smith,  Uie 
SecreUry  of  the  Treasury  was  directed  to 
itport  to  the  House  a  statement  of  the 
number  of  tons  of,  annually  imported 
Barker,  Stephen.    (&ta  Miller,  Tlurnrn.} 
Barney,  John,  adverse  report  on  the  petition  of, 

concurred  in  - 
Barton,  William,  a  bill  for  relief  of,  read  twice 
Bassett,  James.  (See  Gunboat$.) 
Basset^  Mr.,  remarks  of,  on  his  motion  to  lay  on 
the  table  the  motion  of  Mr.  Forsyth,  not 
to  receive  the  memorial  of  Yincente  Paios 
Bate,  John,  Mr.  Johnson  reported  a  bill  for  relief 

of,  twice  read 409 

referred  to  the  Secreteiy  of  the  Treasury    -    447 
his  report  thereon  referred  to  the  Committee 

pfClaims 508 

bill  reported,  with  amendment  •        -        -    566 
ordered  to  a  third  reading,  with  the  amend- 
ment      1451 

read  a  third  time,  and  passed     .        -        -  1452 
Bateman,  Ephraim,  of  New  Jersey,  appeared, 

and  was  qualified 399 

Bath,  Massachusetts,  a  bill  making,  a  port  of  en- 
try, dtc,  read  twice        -        -        .        •  1728 
read  the  third  time,  and  passed  .        -        -  1788 
Bayley,  Thomas;  of*  Maryland^  appeared,  and 

was  qualified          -        -        -     '  -        -    406 
Beanmarchais,  the  heirs  of,  a  Message  from  the 
President  relating  to  the  claim  of,  re- 
ferred     782 

the  committee  discharged,  and  papers  refcr? 

red  to  Committee  of  Claims   -        -        -    790 
the  latter  discharged,  and  referred  to  a  se- 
lect committee        792 

abm  relative  to  the  claim  of,  read  twice  1006 


710 

792 

1724 

1725 
1762 

846 


444 

896 
1027 

488 
624 

705 
1020 

1151 
1179 


823 


-    898 


818 
1018 


1266 


BeaBmarchaia— continued.  Page. 

papers  communicated  to  the  Hooae^  relating 

to  the  claim  of       -#     -        -        -        -  2389 
correspondence  of  the  Secretary  of  State 

with  Ministers  of  France  on  the  dalm  of  S39S 

the   corre«»aDdenoe   of    Caron   de,    with 

Messrs.  Lee  and  Deane  .        •        -        •  2400 

Beavertown*  Pennsylvania,  on  motion  of  Mr. 

Moore,  the  Committee  on  Post  Offices, 

4^  were  matmcted  to  inquire  into  the 

expediency  of  allowing  extra  compenaa- 

tion  to  the  postmaster  at        -        -        - 

Beecher,  Mr.,  of  Ohio,  remarks  oi;  on  the  bill  %o 

abolish  internal  duties   .        -        -        - 

on  the  Commutation  bill    -        -        -        - 

on  the  motion  for  a  committee  of  privilegea 

qpae^  o^  on  the  adoption  of  said  SMtbn    - 

remaika  of,  on  the  report  of  that  committee 

on  Mr.  Spancer's  resolutions  in  the  case  of 

AffdoBBon 

speech  oU  on  Mr.  Afaea**  paopoeed  amend- 
ment to  the  same  -        .       -        -        - 
BeUhst,  made  a  port  of  entry  ist  a  new  eoUao- 

tion  district    ifi^BaUuS 
Benj,  Benjamin,  a  bill  for  relief  o^  read  twice    890 
ordered  to  a  third  reading  -       -       -        -  1097 
read  the  third  time,  and  passed  -        .        -  1714 
Bienvenue,  Antoine,  report  of  the  Secretary  of 
Stateon  the  petition  e^  referred     - 
adverse  report  thereon       •        .        ^        • 
Birdsall»  Beiyamin,  and  WilUam  S.  Foster,  a  biU 
£>rrehef  of,  read  twice,  dec    -       •       - 
ordered  to  a  third  reading  .        •        -        - 
read  the  third  time,  and  passed  -        •       - 
Blagtove,  William,  the  Speaker  presented  a  let- 
ter from,  complaining  of  ue  Chief  Cleric 
of  the  Navy  Department,  read,  and  order- 
ed'to  lie  on  the  table      .        .        -        - 
Bland,  Theodoriek,  report  cf,  on  the  condition 
of  South  America  -        -        -        -        - 
Bloomfield,  Mr.,  remarks  of,  on  the  bill  for  sur- 
viving officers,  4dc         ...     491, 


446 

430 
4S4 
69S 
606 
607 

660 

748 


446 

501 

810 

leni 

1687 


tool 

2104 


786 


-  1604 


1660 


883 


on  proposed  inquiiy  into  conduct  of  cleika 
Bogert,  John  O.,  a  bill  irom  the  Senate  far  relief 
of,  read  twice  and  referred      "       *        * 

the  committee  recommend  the  rejection  of, 
and  bill  and  report  committed 
JSoundary  Lines,  on  motion  of  Mr.  BurweU,  the 
Secretary  of  the  Treasury  was  directed  to 
report  a  statement  of  the  expenses  of  the 
Commissioners  for  settling  the,  under  the 
Treaty  of  Ghent 

a  letter  from  the  Secretary  of  the  Treasuiy, 
with  a  stotement 963 

report  of  the  committee  on  the,  subject  of 
disputed,  with  Great  Britain    -        -        -  3376 

between  Kentucky  and  Tennessee,  memo- 
rial o£  the  Kentucky  Legislature  on  the 
subject  of      -----        -  2363 

Botmties  to  Manufacturers,  on  motion  of  Mr. 
Drake,  of  Massachusetts,  the  Committee 
of  Commeroe  and  Manufactures  were  in- 
structed to  inquire  into  the  expediency  of 
offering,  in  certain  cases  .  .  - 
Brevet  Officers,  a  bill  from  the  Senate  regulating 
the  pay  and  emoluments  of,  read    - 

read  a  second  time,  and  referred 

ordered  to  a  third  reading  -        -        -        • 

read  the  third  ttma,  and  passed  •        -        - 


609 

1466 

14C9 

1721 
1723 


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INDEX. 


xIfi 


Howe  Proctding9  and  Debates. 


Brevet  Rank,  on  motion  of  Mr.  Mercer,  the  Sec- 
retary of  War  waa  directed  to  report  a 
lilt  of  all  ofiicera  who  held,  at  the  doee  of 

the  war 487 

a  letter  from  the  Secretary  of  War,  with  a 

statement  in  reply  - '      -        •        -     614 

a  bill  respecting  the  allowance  of  extra  pay, 

dtc,  to  officers  holding,  read  twice,  dtc.  -  893 
indefinitely  postponed  ....  1731 
Briggs,  Isaac,  a  bill  from  the  Senate  for  relief  of  83ft 
read  twice,  and  referred  ....  8S9 
reported,  with  an  amendment  ...  878 
ordered  to  a  third  reading  -  -  -.  -  1721 
read  the  third  time,  and  passed  as  amended  1724 
the  Senate  disagreed  to  the  amendment     -  1737 

the  House  receded 1739 

Brook,  Edmund,  an  adverse  report  on  the  peti- 
tion of,  referred  to  a  Committee  of  the 

Whole 580 

report  agreed  to,  and  the  prayer  of  the  peti- 
tion rejected 14ft2 

Brown,  Major  General  Jacob,  a  bill  for  relief  of, 

read  twice,  and  committed      ...    866 
ordered  to  a  third  reading  ....  1672 

read  the  third  time,  and  passed  ...  1676 
returned  from  the  Senate,  with  amendments  1738 
concurred  in      -----        -  1739 

Qrown,  Frederick,  a  bill  for  relief  of,  read  twice  1429 
ordered  to  a  third  reading  ....  1682 

read  the  third  time,  and  passed  •        •        -  1687 
Broatin,  Narcissus,  and  others,  a  bill  for  relief  of, 

twice  read,  6lc      -        -        -        -        -    935 

reported  with  amendments,  and  ordered  to 
lie  on  the  Uble       .....  1451 

ordered  to  a  third  reading  ....  1452 

read  a  third  time,  and  passed     ...  1457 
returned  from  the  Senate  with  an  amend- 
ment, which  was  concurred  in        -        -  1677 
BtteU,  Samuel,  on  motion  of  Mr.  Palmer,  the  re- 
port of  the  Secretary  of  the  Treasury 
on  the  petition  o^  was  referred  to  the 
Committee  of  Ways  and  Means     -        -    831 
Bullock,  Joslah,  a  bill  for  the  relief  of,  read  twice    824 
reported  with  an  amendment,  and  ordered 

to  a  third  reading 1697 

read  the  third  time,  and  rejected        -        -  1715 
Bunnell,  Cata,  a  biU  from  the  Senate  for  relief 

of,  read  twice,  and  refiBrred    ...  1523 
reported,  without  amendment,  and  ordered 
to  a  third  reading  -        •        .        -        .  1656 
Burch,  Benjamin,  appoptment  of,  as  assistant 

doorkeeper 399 

Burghart,  Adolphus,  a  bill  for  relief  of  the  heirs 

of,  read  twice,  &c         -        .        .        .  1380 
Bamet,  Daniel,  Gibson  Clark,  and  the  represent- 
atives of  Hubert  Rowell,  a  bill  for  the  re- 
lief of,  twice  read,  dbc    ....    935 
ordered  to  a  third  reading  .        .        •        •  1451 
read  a  third  time,  and  pused     •        •        •  1452 
returned  from  the  Senate- with  an  amend- 
ment, and  reforred         -        -     '  -        -  1656 
agreement  reported  with  an  amendment,  and 

ordered  to  lie  on  the  table      ...  1674 
amendment  withdrawn,  and  the  Senate's 
amendment  concurred  in        -        -        -1681 
Burr»  Samuel,  a  bill  for  relief  of,  read  twioe,  dec.  1447 
Borsiel,  James,  adverse  report  on  the  petition  of, 

ooncuxred  in 515 


Bursiel,  James — continued.  Pager 

the  vote  of  concurrence  reconsidered,  and 
^         the  report  laid  on  the  table    -        -        -    618 
taken  up,  and  again  concurred  in      -        -  1398 
Burwell,  Mr.,  of  Virginia,  remarks  of,  on  the  bill 

concerning  the  public  buildings      -        -    690 
on  his  resolution  calling  for  a  statement  of 
the  expenses  of  the  Commissioners  under 
the  Treaty  of  Ghent,  ^        ...    882: 
Business,  Mr.  Bassett  submitted  an  amendment 
to  the  standing  rules,  dDc,  relative  to  the 
ordar  of,  read         ...        .        .        •    79^' 
question  of  agreement  negatived        -        .    799 
on  motion  of  Mr.  Pitkin,  a  joint  committee 
was  appointed  to  report  on  the,  before  the 
two  Houses  -        -        -        -        .        •  1656* 
report  of  said  committee  ordered  to  lie  on 

the  table 1674 

Byington,  Abraham,  an  adverse  report  on  the 

petition  of,  recommitted,  with  instructions 

to  report  a  bill        .....    519 

a  bill  for  the  relief  of,  twice  read,  d^c         •    588 

ordered  to  a  third  reading  ....  140I 

read  a  third  time,  and  passed     ...  1405 

C. 

Cadets,  a  bill  for  the  admission  of,  into  the  Mil- 
itary Academy 1007 

Cape  Vincent,  a  bill  to  establish  a  port  of  entry 

at,  read  twice,  dbc         ....  1671 
read  the  third  time,  and  PM^d  ...  1676 
Capture  and  imprisonment  of  certain  persona,  a 

Message  from  the  President  relative  to  the  1789 
Carr,  Thomas,  and  others,  a  bill  for  the  benefit 

of,  twice  read,  dec         ....    S66 

laid  on  the  table 1721 

Carroll,  Daniel,  a  letter  from,*  on  the  subject  of 

a  site  for  the  Executive  offices,  read        -  1450 
Carroll,  Major  General  William,  and  Brigadier 
General  John  Coffee,  Mr.  Claiborne  sub- 
mitted a  resolution,  requesting  the  Presi- 
dent to  present  gold  medals  to  each        -  1667 
resolution  Uid  on  the  table        ...  1671 
Carter,  Landon,  a  bill  from  the  Senate  for  relief 

of  the  heirs  of 489 

read  twice,  and  referred     ....    490 
reported  without  amendment,  and  referred 
to  the  Committee  of  Pensions  and  Revo- 
lutionary Claims   ..'...    508 
reported  with  an  amendment,  and  commit- 
ted         1678 

indefinitely  postponed        ....  1769 

Carvers  and  Gilders  of  wood,  adverse  report  on 

the  petition  of,  concurred  in   -        -        -  1666 
Cavalier,  Anthony,  and  Peter  Petit,  a  bill  from 

the  Senate  to  confirm  a  certain  claim  of  1691 
read  twice,  and  referred    ....  1696 

reported,  without  amendment    ...  1718 
Caze  and  Richaud,  the  petition  o(  read    -        -    871 
Certain  crimes  against  the  UniteNl  States,  a  bill 
in  addition  to  the  act  to  punish,  read 
twioe,  dtc     ......    54B 

indefinitely  postponed        .....  1406 

vote  reconsidered,  on  motion  of  Mr.  Clay, 
and  the  bill  amended  and  ordered  to  be 

printed 1485 

ordered  to  a  third  reading  ....  1466 
read  a  third  time,  and  passed  ...  1469 
returned  from  the  Senate,  with  amendmeiils  1721 


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xlvii 


INDBK. 

Bcm$e  Ptoe€&iing0  and  Debaies. 


xivMi 


1737 
1766 


1012 


1687 
1692 

463 

464 

533 
1401 
1406 


Cerlaia  crimes,  &c^-contintted,  Paf«* 

report  of  the  Committee  of  Foreign  ReU< 

tions  on  those  amendments    - 
4imendmentB  of  the  Senate  agreed  to  in  part, 

and  ditagreed  to  in  part 

a  bill  more  efieotually  to  provide  for  the  pon- 

iahnent  of*  read  twice,  &c.    •        -        • 

Certain  Jodgef  of  the  United  States,  a  bill  from 

the  Senate  to  increase  the  compensation 

oi,  twice  read 

indefinitely  postponed        -        -        -        • 

C^ificates  and  Indenta,  Mr.  Rhea  submitted  a 

resolution  concerning    -        -        -        - 

agreed  to,  and  referred  to  the  Committee  on 

Pensions,  Ac 

41  bill  to  authoriie  the  payment  of  certain, 
read  twice,  Ac.      -        .        -        -        - 
^ordered  to  a  third  reading  -        -        -        • 
read  a  third  time,  and  passed    .        -        - 
returned  ftom  the  Senate,  with  amendments  1691 
read,  and  concurred  in       •        -        -        •  1697 
Cerallos,  Don  Pedro,  correspondence  of,  with 
Mr.  Erring,  on  the  subject  of  Mr.  Meade's 
imprisonment         .        •        -        -        -  1818 
Chalmers,  John,  report  of  facto  relative  to  the 

claim  of,  referred 866 

Champa,  NathanM,  and  othefs,  Mr.  Harrison 

presented  the  petition  of,  referred    • 
Chaplains,  a  resolution  from  the  SenaU  for  the 

appointment  of  two,  concurred  in  • 
Cfaeaey,  Samuel,  and  Robert  Ramsay,  a  report 
from  the  Secretary  of  the  Navy  on  the  pe- 
tition of 

Cheney,  Beley.    (See  Johruon,  John.) 
Chesfl^peake  Bay,  a  joint  resolution  directing  the 
completion  of  the  sjirvey  of,  read  twice    • 
read  a  third  time,  and  passed    - 
returned  from  the  Senate,  with  amendmento 
read,  and  concurred  in       -        -        -        - 
Chesapeake  and  Delaware  Canal  Company,  on 
motion  of  Mr.  McLane,  the  Committee  on 
Roads  and  Canals  were  instructed  to  in- 
quire into  the  expediency  of  authorizing 
asubsetiptiontothestockofthe    - 

Cfcetv,  Beverly,  Collector  of  New  Orleans,  a  let- 
ter  from,  to  the  Secretaiy  of  the  Treasu- 
ry, on  the  subject  of  piratical  establish- 
mento    -        - 

QdH,  Mr.  Bland's  report  on  th^  condition  of 
manifesto  of  the  (jK}vemment  to  the  people 

of 

statistics  of 

Christmas  Holiday,  Mr.  Spencer  offered  a  reso- 
lution for  temporary  adjournment  for  the, 
read  three  times,  and  passed  -        -        - 

Circuit  Court  of  the  United  States,  a  bill  from 
the  Senate  to  extend  the  jurisdiction  of, 
to  cases  under  the  Patent  law,  read  twice  1381 
reported,  without  amendment    ...  1382 

Circuit  and  District  Courto  of  the  United  States, 
on  motion  of  Mr.  Parris,  the  Judiciary 
Committee  were  instructed  to  inquire  into 
the  expediency  of  requiring  further  secu- 
rity from  tbs  derks,  &c,  of  the 

Ginalar,  from  the  Secretary  of  the  Treasury     - 

Glagett,  Mr.,  of  New  Hampshire,  speech  of,  on 
the  case  of  Anderson     .... 
an  the  Fugitive  Slave  bill  - 


.  1115 


1132 


419 


1666 


400 


982 


1406 
406 


1461 


1692 
1697 
1766 
1767 


445 


1789 
2163 

2222 
2230 


608 


737 


738 
826 


Clagett,  Mr.— continued.  Page, 

remarks  o^  on  the  report  of  the  CommHtee 

on  Intomal  Improvmnent       ... 
speech  of,  on  the  resolution  relative  to  the 

same 

Claiborne,  Thomas,  of  Tennessee,  appeared,  and 

was  qualified,  &c.  -        .        -        -        . 
remarks  of,  on  his  resolution  concemifig  the 

Judiciary 

on  his  proposition  to  add  the  names  of  Gen- 

erals  Carroll  and  Coffee  to  that  of  Cdonel 

R.  M.  Johnson,  in  the  Senate's  resolution 

to  present  a  sword  to  tiie  latter 
on  his  resolution  for  medals  to  the  officers 

named  above  ....  1667, 1669 

speech  of,  on  the  supplementary  Bank  bill  1749, 

1761 

Claims,  appointment  of  the  standing  committee 

of 

report  of  the  Secretaiy  of  War,  of  sums 
awarded  by  the  Commissioner  of,  under 
the  act  authoriiing  payment  for  property 
lost,  Ac. 

Claims  to  land  in  IllinoiB,  a  bill  confirming  cer- 
tain, read  twice,  &c.      ....  1006 

Claramorgan,  Jacque.  (See  Winter,  EiUhOj  and 

OthOTB^ 

Clapp,  Stephen,  adverse  report  on  the  petition  of  107S 
ClMk,  Gibson.    (See  Bumetj  DanieL) 
Clark,  Ashael,  a  bill  ficom  the  Senate  JEbr  relief  o^ 
read  twice,  Ac      ... 
read  the  third  time,  and  passed  - 
Claxton,  Thomas,  appointment  of,  aa  Bootkeaper 
Clay,  Henry,  election  and  address  of,  as  Speaker 
speech  of,  on  his  motion  to  amend  a  refers 
ence  to  the  Committee  of  Foreign  Rela- 
tions      

remarks  of,  on  the  biH  to  abolish  internal 
daties   ..-.-•- 
on  the  Commutation  hill    •        -        -       - 
on  presenting  a  new  bill  on  the  same  sub- 
ject        469 

speech  o^  in  reply  to  several  speakers    47S,  485 
remarks  o(  on  Um  Compensation  bill  •        -     573 
on  the  power  of  the  House  to  issue  a  war- 
rant of  arrest         .        ,        .       .        -    583 
addreas  o^  to  Cokxiel  John  Anderson,  at 

the  bar  of  the  House  ....  608 
reaaritf  of,  on  the  Fugitive  Slave  bill  .828 
on  the  bill  for  uniform  system  of  bankrupt^  1010 
on  the  report  of  the  Committee  on  Internal 

Improvement  .  .  .  .1115,1117 
speecA  of,  in  reply  to  Messrs.  Baibour  and 

A.  Smyth 1164 

in  wfif  to  a  remark  of  Mr.  Barbour   •       -  1179 
on  the  Constitutional  power  of  Conffess 

over  internal  improvement  ...  1359 
remarks  o^  on  the  bill  in  addition  to  the  act 

to  punish  certain  crimes,  dec  •  -  1403 
speech  id,  on  offisring  an  amendment  to  tiie 

.  same -  1406 

in  reply  to  Messrs.  Forsyth  and  Lowndes  1414, 

143S 
in  reply  to  Messrs.  Smith  and  TMcer,  of 

MaryUnd 14fi 

on  the  sending  Commissioners  to  Bootli 

America -  1465 

in  reply  to  Mr.  Forsyth,  on  the  same  aabject  14^ 


1431 

1687 

399 

398 


401 

497 

461 


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Houic  Proceedings  and  Debates. 


to  send  a 


Page. 


1474 
1605 

1643 


815 

1223 
1765 
1769 

1649 

1722 


Clay,  Henry— continued. 

speech  of,  on  his   proposition 

Minister  to  Buenos  Avres 
in  reply  to  objections  to  his  proposition 
in  reply  to  Messrs.  Forsyth  and  Smith,  of 

Maryland 

Clerks,  on  motion  of  Mr.  Ingham,  a  committee 
was  appointed  to  inquire  what  alterations 
are  necessary  in  the  act  to  fix  the  com- 
pensation of ,     - 

a  bill  to  regulate  and  fix  the  compensation 

of,  read  twice,  and  committed 
reported,  and  ordered  to  a  third  reading 
read  the  third  time,  and  passed  .        .        - 
report  of  the  committee  appointed  to  inquire 

into  the  official  conduct  of  the 
Mr.  H.  Nelson  presented  the  petition  of  the, 
in  the  Executive  Departments,  referred  - 
Clifford,  Thomas,  and  John,  a  bill  for  relief  of, 

twice  read  -....-  772 
ordered  to  a  third  reading  -  •  .  -  1667 
read  the  third  tim«,  and  passed  ...  1672 
TDturned  from  the  Senate,  with  amendments  1744 
read,  and  concurred  in  -  -  -  -  1766 
Coasts  of  the-  United  States,  a  bill  from  the  Sen* 
ate  to  repeal  a  part  of  the  aet  in  surrey- 

ing  the 

read  twice,  and  ordered  to  a  third  reading  • 

read  the  third  time,  and  peised  ... 

Cobb,  Mr.,  of  Georgia,  speedi  of,  on  the  Mil  rel- 

atire  to  the  militia  claims  of  said  State  • 

remaiks  ^  on  the  bill  eononning  the  an* 

thentication  of  records,  4bc*    ... 

speech  of,  on  the  Compensation  biH   - 

remarks  of;  on  the  examination  of  Colonel 

Watson         ...... 

on  the  Coaunnlation  bill    •       •       «       • 
on  the  Fagiti^  Slave  bill  • 
speech  o^  on  the  bill  coneenuDg  expatria- 
tion        

on  the  memorial  of  Yinctote  Paxos    • 
on  bis  resolution  to  incMase  the  pay  of  niil< 
itia  engaged  in  the  Seminole  wa*  • 
Cole,  MehitaUe,  a  bill  granting  the  land  theran 

mentioned  to,  read  twice,  &e. 
Colonial  Trade,  report  in  reUtion  to  the    • 
C<^ton,  .Mr^  of  Virginia,  remarks  of,  on  the 

Commutation  bill 480 

on  the  bill  coneeming  Revdotiooaiy  sor- 

▼ivors 492 

on  the  inquiry  into  the  oflkial  conduet  of 

clerks 783 

on  the  mem<»ial  of  Vineente  Paios    •       •  1262 
on  the  resolution  req>ecting  internal  im- 

pfovement 1278 

on  a  resolution  granting  medab  to  certain 

officers 1669 

Columbian  Institute,  Mr.  Herbert  presented  a 

petition  to  incorporate  the,  referred  •  565 
a  bill  to  incorporate  the,  read  twiee,  dbc  •  846 
ordered  to  a  third  reading  ...  1697 
read  the  third  time,  and  passed  •  •  •  1714 
returned  finom  the  Senate  with  amendments, 

and  concoired  in 

Columbian  Insurance  Company,  a  bill  to  inoor- 
Dorate  the,  read  twice  •  .  •  . 
ordered  to  a  third  reading  •  .  •  • 
read  a  third  time,  and  passed  •  .  • 
returned  from  the  Senate,  with  aneadments 
read,  and  concurred  in     -       •       •       • 


Page. 


1691 
1696 
1714 

522 

536 
585 

780 
808 
828 

1066 
1267 

1673 

1007 
866 


1777 


463 
618 
549 

850 

854 


Commerce  and  Manufactures,  appointment  of 

the  standing  committee  of 
Committee  of  Privileges,  Mr.  Forsyth  submitted 
a  resolution  to  appoint  a,  to  consist  of 
seven  members,  to  sit  immediately,  and 
report  a  mode  of  proceeding  in  the  case  of 
John  Anderson      .        -        .        .        . 
agreed  to,  and  appointment  made 
report  of  the      ----.. 
Commutation  of  Military  Bounty  Lands,  on  mo- 
tion of  Mr.  Comstock,  the  Military  Com- 
mittee were  instructed  to  inquire  into  the 
expediency  of  making  provision  for  a     - 
a  bill  authorixing  the,  resid  twice 
a  third  reading  negatived  .... 
Compensation,  a  bill  allowing,  to  membera  of 
Congress,  twice  read     .... 
ordered  to  a  third  reading  >        -        .        . 
read  a  third  time,,  and  passed    -        -        , 
returned  firom  the  Senate,  with  an  amend- 
ment      

read,  and  concurred  in      -        -        -        - 
Comstock,  Mr.,  of  New  York,  remarks  o^  on  the 

Commutotion  bill 472 

speech  of,  on  his  resolution  to  pension  the 

wounded  officers  of  the  late  anny    - 
remarks  of,  on  the  Compensation  bill 
on  the  resolution  for  a  Committee  of  Privi- 
leges     ------, 

on  the  motion  to  inquire  into  the  official 

conduct  of  clerks 

Congress,  Mr.  Sergeant  submitted  a  resolution 
for  the  adjournment  o(  on  the  *-  day  of 
March,  which  was  laid  on  the  table 
on  motion  of  Mr.  Tavlor,  a  joint  committee 
was  appointed  to  fix  the  day  of  adjourn* 
ment  ott  and  notice  thereof  sent  to  the 

Senate 

report  of  said  joint  committee,  with  a  reso- 
lution fixing  the  13th  of  April,  twice  read  1138 

read  a  third  time ii81 

and,  after  fhrther  discussion,  passed   -        -1182 

on  motion  of  Mr.  Taylor,  a  committee  was 

appointed  to  inquire  into  the  expediency 

Of  appomting  an  earlier  commencement 

of  toe  next  session  of,  than  the  stated 

time 

a  bill  fixing  the  time  for  the  nett  meeting 

o(  read  twice 

ordered  to  a  third  reading  -  .  .  • 
read  a  third  time,  and  passed  ... 
returned,  with  amendment 

coBcnrredin 

the  resolution  fixing  the  13th  April  for  ad- 
journment of,  was  returned  iirom  the  Sen- 
ate with  an  amendment,  substituting  the 
20th  of  April,  and  agreed  to  -  -  1649, 1770 
adjournment  of,  to  the  thhrd  Monday  in  No- 
vember   1782 

Constitution,  Mr.  Harrison  submitted  a  resolu- 
tion to  amend  the 

a  Message  from  the  President,  with  a  report 

from  the  Secretary  of  State,  of  the  several 

States  that  have  ratified  the  13th  article 

of  amendment  to  the     • 

Mr.  Lewis  submitted  a  proposition  to  amend 

the 

Consuls  on  the  Barbery  Coast,  a  bill  to  increase 
the  allowance  to,  read  twice,  d^c 


-    400 


592 
606 
607 


405 
409 
816 

542 
579 
589 

710 
791 


537 

578 

606 

784 


1054 


1097 


1450 

1456 
1656 
1664 
1738 
1739 


611 


865 
1744 


1662 


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u 


INDEX. 


lii 


House  Proceedings  and  Debates, 


Page. 


Contempt  of  the  Honee,  Mr.  WHIUiim,  of  North 
Carolina,  fobmitted  a  letter  he  had  re- 
ceived from  Colonel  John  Andenon,  of- 
fering him  a  bribe 

(See  Andermmy  Colonel  John,) 
Contracts  for  Rations,  in  Georgia,  on  motion  of 
Mr.  Huntington,  the  Secretary  of  War 
waa  directed  to  lay  before  the  Hoase  a 
copy  of  all,  &c.      -    ^   - 
Copper  Minea,  on  motion  of  Mr.  Smith,  of  Ma« 
lyland,  the  Committee  on  Public  Lands 
were  instructed  to  inquire  into  the  expe- 
diency of  making  reaenrations  of  all 
Cork  Cutters,  adverse  report'on  petition  of  the, 

of  N.  York  and  Philadelphia,  agreed 
Cotton  and  Woollen  Fabrics,  Mr.  Ross  present- 
ed the  petition  of  sundry  manufacturers  of, 
in  Rhode  Island,  praying  encouragement 
dkc,  referred  -        -        -  •      -        -        -    446 
Mr.  Shaw  presented  a  similar  petition  from 

Massachusetts 

Mr.  Mason  presented  a  similar  petition  from 

the  same  State       •  ... 

Mr.  Storrs  presented  a  similar  petition  from 

New  York 494 

Courthonse,  Jail,  dec,  in  Alexandria,  a  bill  to 
provide  for  the  erection  of,  twice  read    - 
amended,  and  ordered  to  a  third  reading    - 
read  a  third  time,  and  passed    -        -        - 
Cranch,  Dallas,  and  Wheaton,  on  motion  of  Mr. 
Sergeant  the  Clerk  was  directed  to  pro- 
cure, for  the  use  of  the  House,  three  co- 
pies each  of  the  respective  reports  of 
Cravat,  Richard.    (See  Johnaon,  John,) 
Creek  Indians,  a  bill  for  the  relief  of  certain 
friendly,  read  twice        .... 
read  the  third  time,  and  passed 
returned  from  the  Senate  with  amendments, 

and  concurred  in 1777 

Creighton,  Captain  John  Orde,  on  motion  of  Mr. 
Johnson,  of  Virginia,  the  Secretary  of  the 
Navy  was  directed  to  furnish  a  copy  of  the 
proceedings  of  the  court  martial  ordend 
at  the  instance  of  Midshipman  Marston  on  10S8 
a  letter  from  the  Secretary  of  the  Navy  in 
obedience      -        -        -        -        -        -1104 

copy  of  proceedings  on  the  trial  of     -        -  8491 
CroweU,  John,  a  delegate  from  Alabama,  ap- 
peared, was  qualified,  dec.      .        .        • 
Crownmshield,  B.  W.,  Secretary  of  the  Navy> 
correspondence  of,  with  Captain  £lton 
and  Commodore  Henley,  on  the  sul^ect 
of  the  piratical  establishments 
Comberland  Road,  on  motion  of  Mr.  Tait,  the 
Committee  on  Roads  and  Canals  were 
instructed  to  inquire  into  the  state  of  the 
report  of  said  committee  on  the  subject  of 

the,  read 

recommitted  to  the  same,  with  two  new 

members       .... 

a  bill  making  further  appropriations  for  the, 

read  twice,  dtc      ..... 

reported  without  amendment,  and  ordered 

to  a  third  reading  •        -        -        •        . 

read  a  third  time,  and  passed     ... 

on  motion  of  Mr.  Mercer,  the  Secretary  of 

the  Treasury  was  requested  to  report  cer^ 

tain  statements  in  relation  to  the    -        -1784 


680 


1007 


815 
1687 


486 
-    494 


633 
1403 
1406 


•    462 


793 
1673 


1180 


-  1809 


Y37 

1250 

1282 

1389 

1660 
1664 


Cumberland  Road — continued.  Page. 

letter  from  the  Secretary  of  the  Treasury  in 
reply 1781 

Currituck  Sound,  on  motion  of  Mr.  Sawyer,  the 
Committee  of  Commerce  and  Manufac- 
tures were  instructed  to  inquire  into  the 
expediency  of  staking  the  channel  of       -    906 

Cushman,  Mr.,  of  New  York,  remarks  of,  on  the 

Commutation  bill  -        -        -        -        -    472 
speech  of,  on  the  Internal  Improvement  ree- 
olution  ......  1186 

Custom-Houses,  on  motion  of  Mr.  Silsbee,  the 
Committee  of  Commerce  and  Manufac- 
tures were  instructed  to  inquire  concern- 
ing the 490 


Dabney,  John  B.,  a  bill  for  relief  of,  twice  read  892 
ordered  to  a  third  reading  ...  1721 
read  the  third  time,  and  passed  -        -        •  1724 

Daily,  John,  and  Samuel  Thompsoo,  a  bill  for 

relief  of,  twice  read        ....  1681 
the  third  reading  negatived       ...  1097 

Dana,  Edmund,  an  adverse  report  on  the  peti- 
tion ol^  concurred  in       •        -       -        -    648 

Daniel,  William,  a  bill  confirming  the  claim  of^ 

read  twice     ......    666 

read  a  third  time,  and  passed     ...  1462 

Darien,  Georgia,  on  motion  of  Mr.  Forsyth,  the 
Committee  of  Commerce  and  Manofae- 
tures  were  instructed  to  inqnire  into  the 
expediency  of  establishing  a  port  of  entiy 
at 409 

DamalJ,  John,  a  bill  for  relief  o^  read  twice     •  1667 

Dttvis,  ttannah,  a  report  of  focts  in  the  case  of, 

referred  to  the  Committee  of  Claims       -  1181 

Davii,  Henry,  a  bill  for  relief  of,  read  twice        -  1839 

Deane,  Franklin,  and  Arthur  Lee,  on  motion  of 
Mr.  McLane,  a  committee  was  appointed 
to  request  of  the  President  copies  of  the 
several  letters  o(  addressed,  in  1777,  to 
the  Committee  of  Foreign  Rd^tions  -  882 
a  Message  from  the  President,  with  the  let- 
ters asbed  for         906 

the  Messago  and  correspondence  referred  to 
the  committee  on  the  claim  of  Beaomar- 

chais's  hein -  1006 

copies  of  the  said  oorrespondenee  -  S409 

Deceased  Pensioners,  on  motion  of  Mr.  Whit- 
maD,%  the  Committee  on  Pensions,  dec, 
were  instructed  to  inquire  into  the  expe- 
diency of  continuing  to  the  vridovra  and 
children  the  pensions  of        -        -        -    462 

Dead  of  Conveyance  to  the  United  States,  on 
motimi  of  Mr.  Ingham,  the  CommissiQner 
of  Public  Buildings  was  directed  to  report 
to  the  House  a  copy  of  the  original,  of 
lots  in  Washington  ....  841 
a  letter  firom  the  Commissioner,  with  a  copj 
ofthe -    871 

Defence  of  New  York,  Mr.  Irving  presented  the 
petition  of  the  Mayor,  dtc,  of  the  city  of 
New  York,  praying  that  provision  maybe 
made  for  the  adjustment  of  their  clakns 
in  relation  to  the,  referred      ...     737 

DelafieM,  John,  a  bill  for  relief  of;  read  twice    -  1447 

Delaware  and  Chesapeake  Canal  C;ompany,  a 
bill  authorising  subscription  to  the  stock 
of  the,  read  twice,  6cc  -        -        •        -  1969 


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Page. 
D«palj  PottBAtterf,  a  bill  to  iBcraase  th«  com- 

p^Dsation  of,  in  certain  caios,  read  twice  1733 
read  the  third  time,  and  paased        -        -  1738 
Deqnindoe,  Loais  and  Antoine,  a  bill  from  the 

Benate  for  relief  of,  twice  read,  dtc.        -  1648 
reported  without  amendment,  and  commit- 
ted         17«0 

Deeertion  of  Foreign  Seamen,  on  motion  of  Mr. 
Whitman,  5ie  Committee  of  Commerce 
and  Mannfactarea  were  initructed  to  in- 
quire into  theexpediency  of  making  iome 
proviiion  on  the  subject  of     -        -        -418 
Tltriii,  Mr.,  remarkf  of,  on  the  CommatatiOB  bill    469 
speech  of,  on  the  Compensation  bill  -     668,  688 
on  the  case  of  Colonel  Anderson       •        •    662 
on  the  bill  to  reduce  the  staff  of  the  army  -  1688 
Desha,  Major  General  Joseph,  a  resolution  sub- 
mitted to  present  a  medal  to  •        -        -  1667 
resolution  laid  on  the  table        ...  1671 
Btwees,  Sarah,  a  bill  for  relief  of,  read  twice     •      70 
ordered  to  a  third  reading  -        -        -        •  1667 
read  the  third  time,  atid  pasMd  ...  1679 
IMllon,  John,  a  bill  for  relief  of,  read  twice         -    870 
onfored  to  a  third  reading  -        •        •        -1716 
read  the  third  time,  and  passed  -        •        •  1718 
Dbeet  Taxes  and  Internal  Duties,  a  bill  supple- 
mental  to  the  several  acts  rekthe  to,  read 
twice    ---...-  1108 
ordered  to  a  third  reading  ....  1766 
read  the  third  time,  and  passed  ...  1769 
Discriminating  Duties,  a  Message  from  the  Pres- 
ident on  the  subject  of  -        -        -        •    906 
Discipline  of  the  Navy,  report  of  the  Naval  Com- 
mittee on  the  subject  of  the    -        •        -  168SI 
the  report  agreed  to,  and  the  committee  die- 
charged  therefrom 1684 

District  of  Columbia,  appointment  of  the  stand- 
ing committee  on  the    ....    400 
■  a  bill  from  the  Senate  to  increase  the  sala- 
ries of  the  judges  of  the  circuit  court  for 
the,  read  twice,  and  referred    -        -        -1063 
reported,  without  amendment    -        -        -  1 108 
read  the  third  time,  and  passed  -        -        .  1778 
report  of  the  Secretary  of  the  Treasury  on 
the  condition  of  the  banks  of  the    -        -  1181 
Dktrict  Courts  of  the  United  Stales,  on  motion 
of  Mr.  Tyler,  the  Judiciary  Committee 
were  instructed  to  inquire  into  the  expe- 
diency of  causing  offi^s  to  be  erected  for 
the  safekeepmg  of  records,  dec.,  of  the    -    476 
report  of  said  committee  thereon        -        -    633 
-  a  bill  concerning  the,  within  the  State  of 
New  York,  read  twice   -        -        -        .  1108 
ordered  to  a  third  reading  -        ...  1186 
read  a  third  time,  and  passed    ...  1824 
returned  from  the  Senate  with  amendments, 

read,  and  referred 1469 

agreement  reported,  and  concurred  in        -  1667 
Ikidket  of  BiUs,  Resolutions,  dtc,  Mr.  Pindall 
offered  a  resolution  for  printing  a,  for  each 
week,  for  the  use  of  members         -        -    818 
ooBsidered,  and  disagreed  to      -        -        -    S60 
Documents,  a  joint  resolution  authoriiing  the 
transportation  of  certain,  free  of  postage, 
read  three  times,  and  passed  ...  1439 
Domestic  State  Papers,  a  bill  authorising  sub- 
•cription  to  Jonathan  Elliot's  edition  of, 
read  twice 1764 


PM^ 

DoQgherty,  Thomas,  eleotion  of,  as  <}lerk  of  the 

House  .--.---    399 

Douthet,  Samuel,  Mr.  Blount  presented  the  pe- 
tition of,  referred    ...        -        -    849 

Drawback  on  Merchandise  transported  by  land, 
a  bill  from  the  SenaU  to  allow  the  benefit 
of,  from  Bristol  to  Boston,  dbc.,  read  twice, 

and  referred 693 

reported  without  amendment,  and  ordered 

to  a  third  reading  -        -        -        -    799 

read  a  third  time,  and  passed     ...    S16 

Dunn,  Thomas,  appointment  of,  as  Sergeant-at- 

Afms 399 


Earle,  Elias,  of  South  Carolina,  appeared,  was 

qualified,  dec.         -        -        -        -       -    416 
special  report  of  the  Committee  of  Elections, 

in  the  case  of 663 

report  of  the  Committee  on  Expenditures 

in  the  War  DejMurtment,  on  contract  with    609 
is  confirmed  in  his  right  to  a  seat       -        -  1460 
Earnest,  Charles,  on  motion  of  Mr.  Clay,  the 
name  of^  was  added  to  the  list  of  invalid 
pensioners     ......  1763 

Earwood,  Joel,  on  motion  of  Mr.  Hendricke,  the 
Committee  on   Public  Lands  were  in- 
structed to  inquire  into  the  claim  ef       -    409 
a  bill  for  relief  of,  read  twice      ...    476 
ordered  to  a  third  reading  ....    608 

read  a  third  time,  and  passed     ...    616 
returned  firom  the  Senate,  with  amendments    679 
concurred  in,  with  an  amendment      -        -    609 
Eastern  Branch  Bridge  Company,  a  bill  to  in- 
corporate the,  read  twice,  dtc        -        -  1094 
Mr.  Herbert  presented  a  petition  of  said 
company,  praying  that  permission  may 
not  be  granted  to  build  another  bridge 
over  the  Eastern  Branch,  referred  -        -  1380 
Eaton,  Elizabeth,  Mr.  Williams  of  Connecticut 

presented  the  petition  of,  referred   -        -    819 
Edwards,  Mr.,  of  North  Carolina,  remarks  of,  on 

a  motion  respecting  the  Neutrality  act   -    631 
on  his  motion  to  ask  certain  information  of 
the  President         -  -        -        -    630 

on  the  motion  to  inquire  into  the  official 

conduct  of  clerks 786 

on  the Intemallmprovement resolution      -  1136  • 
on  the  resolution  for  adjournment      -        -  1181 
on  the  bill  from  the  Senate,  supplemental 
to  the  act  authorizing  the  State  of  Ten- 
•nessee  to  issue  grants,  dec    ...  1668 
Edwards,  William,  and  John  6.  Stubbs,  a  bOl 

irom  the  8«iate  for  relief  of  ...    643 
read  twice,  dee.         .....    666 

ordered  to  a  third  reading  -        -        .        .  1460 
Elections,  appointment  of  the  standing  commit- 
tee of    400 

Elliot,  Jonathan,  report  of  the  Secretary  of  State 

on  the  petition  of,  laid  en  the  table         -  1676 
referred  to  a  select  committee    -        -        -1718 
Emigrants,  Mr.  Johnson,  of  Kentucky,  present- 
ed the  petition  of  certain,  from  Switzer- 
land, referred 666 

an  adverse  report  thereon  concurred  in       -711 
Mr.  Taylor,  of  New  York,  Mr.  Baldwin,  of 
Pennsf  Ivania,  and  Mr.  Smith,  of  Mary- 
land, each  presented  a  petition  in  behalf 
ef,  referred 899 


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INDEX. 

Hou$e  Proceedings  and  Debaiea. 


Ivi 


Emigrants — continued.  Page, 

an  unfavorable  report  on  the  whole     •        •>  1013 
discussed,  and  concurred  in         -         •         -  1053  j 
Emoluments  of  Collectors,  a  report  of  the  Sec- 
retary of  the  Treasury  relative  to  the       -  1074 
Erie,  a  bill  to  change  the  name  of  the  district  of, 

read  twice 792 

read  a  third  time,  and  passed     ...  1666 
Ernest,    Frederick,  and  Frederick  Williamson, 
report  of  the  Secretary  of  the  Navy  on 

the  petition  of 1381 

Ervin,  James,  of  South  Carolina,  appeared,  was 

quahfied,  &c. 629 

speech  of,  on  case  of  contempt  of  the  House       642 
on  the  bill  for  relief  of  Gen.  Arthur  St.  Clair     842 
Erving,  G.  W.,  correspondence  of,  with  Don  Pe- 
dro Cevallos,  on  the  subject  of  Mr.  Meade's 

imprisonment 1814 

Essary,  Jonathan  D.,and  John  Sey bold, read  twice  1713 

ordered  to  a  third  reading  -        -        -        -  1722 

read  the  third  time,  and  passed  -        -        -  1724 

Estimates  of  Revenue  and  Expenditures    -        -2321 

Evans,  Daniel,  an  adverse  report  on  the  petition 

of,  concurred  in 447 

Exchange  of   Lands  with  the   Choctaw    and 
Chickasaw  Tribes,  Mr.  Polndexter  offer- 
ed a  resolution  on  the  subject  of  an         -    514 
being  amended,  to  include  the  Creeks  and 
Cherokees,  it  was  agreed  to,  and  referred 
to  the  Committee  on  Public  Lands         -     514 
Executive  Departments,  a  bill  to  provide   for 
erecting  additional  buildings  for  the  ac- 
commodation of  the,  read  twice      •        -     818 
ordered  to  a  third  reading  ...  1691 

read  the  third  time,  and  passed  -        -  1692 

Expatriation,  Mr.  Robertson,  of  Louisiana,  sub- 
mitted a  resolution  for  a  committee  to 
inquire  into  the  expediency  of  providing 
by  law  for  the  exercise  of  the  right  of      -    448 
agreed  to,  and  a  committee  appointed        -    450 
a  bill  providing  the  manner,  &c.        -        -    495 
a  motion  to  strike  out  the  first  section  of  the 

bUi  debated 1054 

after  considerable  debate  the  motion  prevailed  1070 
Mr.  Johnson,  of  Virginia,  introduced  a  sub- 
stitute for  the  remaining  sections  of  the 
bill,  which  was  read  and  negatived  -  1076 

Mr.  Robertson  offered  a  substitute     •        -  1093 
the  substitute  was  discussed       •        -        -1104 

and  finally  adopted 1106 

after  twice  reading,  the  third  reading  nega* 

tived ^1107 

Expenditures  in  the  several  Departments,  ap- 
pointment of  the  standing  committees  on  400 
Extension  of  Credit,  on  certain  duties,  on  mo- 
tion of  Mr.  Pitkin  the  Committee  of 
Ways  and  Means  were  instructed  to  in^ 
qnire  into  the  expediency  of  an  -  •  870 
on  public  lands,  Mr.  Baldwin  submitted  a 

resolution  on  the  subject  of   -        -        -  1113 
which  was  agreed  to,  and  referred  to  the 
Committee  on  Public  Lands  -       •       -1113 
Extension  of  Pensions,  a  committee  was  ap- 
pointed to  bring  in  a  bill  concerning  the, 

to  widows,  Ac 894 

(See  Widmjoi  and  Orphans.) 
Extinguishment  of  Indian  titles,  on  motion  of 
Mr.  T.  M.  Kokon*  a  oonunittee  was  ap- 
pointed to  inquire  concerning  the»         •    487 


Page. 


Extra  Services,  on  motion  of  Mr.  H.  NaJfloo*  tlie 
Committee  of  Accounts  were  anthoriied 
to  make  the  same  allowance  for,  to  the 
persons  serving  in  the  House  as  at  last 
session  •        •        -         -        -  •  1740 

F. 
Fairbanks,  Jason.     (See  Keys,  PurUv.) 
Farish,  Thomas  B.,  a  bill   for  relief  of,  read 

twice,  &c. -   II*' 

Fees,  Mr.  Hopkinson  submitted  a  resolution 

concerning  a  bill  of        -        -        -         -     711 
agreed  to,  and  referred  to  the  Judiciary 

Committee -     715 

on  motion  of  Mr.  H.,  the  said  committee 

were  instructed  concerning  certain  -     791 

report  thereon  read,  Ac.    -        -        -         -  1723 
Fields,  John,  an  adverse  report  on  the  petition 

of,  concurred  in      ...        -         -     618 
Finances,  annual  report  of  the  state  of  the,  laid 

on  the  table -    409 

detailed  report  of  the        -        -        -         -  S3 17 

Firearms,  a  report  of  the  Seerctary  of  Wltr  con- 
cerning contracU  for  the  sup(ty  of       -     879 
Fire  Insurance  Company  of  Washmgton,  a  hiU 
from  the  Senate  to  incorporate  Uie,  lead 
twice    .------  15W 

reported  without  amendment,  and  ofdered 
to  a  third  reading  -----  16o€ 

Fisher,  Elisha  &  Co.    (See  Ci(ff&rd,   Thomas 

and  John,  and  others,) 
Fishing  Vessels,  a  bill  from  the  Senate  ooncem- 

ing  the  bounty  to,  read  twice,  and  referred  15^ 
read  a  third  time,  and' passed    ...  1&68 
Flag,  on  motion  of  Mr.  Wendover,  a  committee 
was  appointed  to  inquire  into  the  expe- 
diency of  altering  the,  of  the   United 

States 464 

a  bill  to  alter  the,  read  twice,  dec       •        -566 
ordered  to  a  third  reading  •         •        .  1463 

read  a  third  time,  and  passed    ...  146^ 
Floyd,  John,  of  Virginia,  appeared,  was  quali- 
fied, dtc.        --•.-.    4^ 
speech  of,  on  the  proposttion  relatiDg  to  the 
Spanish  American  pzoTinees  -        •        •  1M6 
Ford,  Nathan,  a  report  of  £ioU  in  the  CMe  €<; 

referred         ..--..  IW 
Foreign  Affairs,  appointment  of  a  seted  com- 
mittee on 40i 

Foreign  Coins,  on  motion  of  Mr.  fionthigtei^ 
the  Committee  of  Ways  and  Meana  w«ie 
instructed  to  examine  the  act  rec^ulatiiif 
the  currency  of     -        •        •        -        -    954 
Foreign  Merchandke,  Mr.  Wendover  prasentad 
the  petition  of  mercfaanta  of  New  York 
praying  a  ddvj  on  sales  o^  at  ancricm, 
referred        .       -        -        •        -        .    44< 
a  bill  relating  to  duties  on,  read  twice,  Jic  12S3 
Foreign  Seamen,  deserting,  dcOi,  a  UU  to  auth^ 

riase  the  apprehension  o^  read  twice,  ^kc  IM 
Foreign  Wines  and  Liquota^  on  motion  of  Mr. 
Lowndes,  the  Committee  of  Waya  and 
Means  were  instrocted  to  inquire  iDfta 
the  ezpedienpy  of  making  psoviaion  fiir 
allowing,  to  be  deposited  in  the  pahlic 

stores,  ic •         •    84T 

a  hill  to  piDvide  ibr  the  deposite  o^  in  the 
puhtto  warehouse,  read  twice,  and  i»> 
ferred  -        -        -        -  ...  II8S 


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Fo^ign  Winee— continued.  Page. 

wieteii  to  a  third  teading        -        •       -  1726 
Tead  a  third  time,  and  passed    -        -        -  1738 
reamed  ftom    the  Senate  with    amend- 
•  menta,  and  concttrred  in        -        -        •  1777 
.  ForfMted  Lands,  a  hill  from  the  Senate  to  sus- 
pend the^  sale  of,  read  twice,  and  referred  1720 
ordered  to  a  third  reading         ...  1723 
Forrest,  Joseph,  a  report  firom  the  Secretary  of 

State  on  the  petition  of,  referred    -        -    422 
the  Committee  of  Claims  made  an  adverse 
report  thereon,  agreed  to        -        -        -    464 
Forsyth,  Mr.,  remarks  o^  on  the  motion  respect- 
ing the  Spanish  American  provinces       •    408 
on  the  resolution  concerning  Amelia  Island    410 
an.  his  motion  letative  te  representafeive 
qualifications         .....    428 
«    ^peeeh  of,  on  the  OooDmntaiiDn  hill    •       -    504 
Tflmarka  of,  «n  tha  motbn  respeeting^  mq*- 

tral  relations 520,  521 

. :  -on  the  warrant  ef  artett  'm  the  case  of  An- 
-    devson  ..-•.*•    583 
on  his  motion  to  appoint  a  oommittee  of 

:    pilfilegee -    603 

speech  oj^  in  reply  to  Mr.  Liverawi e  -  -  597 
on  the  reaoltttionB  of  Mr.  Speneer  «  «  OBI 
^n  the  letlers  from  Anderson  to  the  Speaker  650 
remarks  e^OA  Mr.  Rfaoa'a  ameftdaieBls  to 

Mr;  Spenoei^s  resolutiQns  ...  742 
on  the  resolution  respecting  naval  disdpUne  806 
oA]reaalutiDn  touehiag  the  offioe  of  elaMus  -  896 
on  snboMtting  a  seeond  call  fixr  mfermation 

on  the  state  of  negotiations  with  Bptaa  •  1007 
on  themililiaelaimefG^eorgia  -  •  •  1108 
OB  the  Miohitioa  for  adjournment  -1182 

on  the  bill  concermng  llie  dartrict  camta  of 

Ne*r  York 1183 

a  motion  by,  nottoreceivotfae  Paios  memo- 
rial        1251 

spaeeh  o^  ea  the  inoaieD  to  lay  bis  motion 

on  the  table 1262, 1268 

remarks  oi,  on  the  bill  to  subentbe  lor  die 

Delaware  and  CheaapeidM  Canal  •  •  1397 
on  the  bill  in  addition  to  the  act  to  puaish 

oartaift  aAmea^  dee.         •        -        -14108,1404 
speech  o^  in  reoly  to  Mr.  Clay,  on  his  mo- 
tion to  aakend  theaaad  bill     •        *        -  1408 
in  s^ly  to  Mr.  Clay  again         •        •        •  1418 
on  the  appropriation  for  Comaiiaaionsia  to 

South  Ameciea 1466 

■on  Mr.  Clay's  amendment  to  the  sane       •  1600 
in  icDly  to  Mr.  Tucker,  and  others    -       -  lOdd* 
on  Mr.  Trimble's  substitute,  for  the  resolu- 
tion repotted  in  the  case  of  Mr.  Meade    -1712 
on  the  denate  bill  coBeeming  navigatien    -  1717 
on  the  supplemental  Bank  bill  -        •  1747, 1768 
on  the  bill  to  divide  Pennsylvania     -       -  1778 
Fester,  William  S.   {Bee  BirdmH  BmknnhL) 
Fourteenth  Congrees,  Mr.  Whitaaan  sobmitted  a 
joint  reeoktiQii  tliat  thie  tfairt^f  copies  of 
^  acts  passed  at  tiieHrst  and  second  ees*- 
sions  of  the,  now  in  the  eiffice  of  the  Sec- 
retary of  State,  be  deposited  in  Che  Clerk's 
office  of  the  House  for  the  use  of  iwa- 
bers,  read  twice,  and  ovdered  to  a  third 

reading 534 

a  resolution  from  the  Senate,  diiecting  the 
distribution  of  the  laws  of  the,  emong^  the 
membeva  of  the  fifoeenth  Congiese,  »ead 
twice,  and  referred        ....  1381 


Fourteenth  Congreso    continued.  Page, 

reported  wHh  an  amendment,  and  ordered 

to  a  third  reading  -        .        -        .        .  1405 
read  a  third  time,  and  passed     ...  1431 
Franking  Privilege,  on  motion  of  Mr.  Barbour, 
the  Committee  on  Post  Offices  and  Poet 
Roads  were  instructed  to  inquire  into  the 
expediency  of  extending  the,  to  the  Ad- 
jutant General  of  the  respective  States,  &^    772 
on  mo^u  of  Mr.  Littie,  the  same  vrere  iA- 
strueted  in  relation  to  the  Secretary  of  the 
Senate  and  Clerk  of  the  House  of  Repre- 
sentatives       1452 

a  Un  to  that  effect  read  twice,  doe.     -        -  1714 
Frauds  by  Purchasers  of  Public  Lands,  on  mo- 
tion of  Mr.  Edwards,  of  North  Carolina, 
the  Committee  on  Public  Lands  were  in- 
structed to  inquire  into  the  expediency  of 
m^ing  provUon  to  prevent  -       •       -    445 
lepoft  that  no  fiirther  proviifion  is  neoeesary    530 
Freneh,  Thomas.    (See  Kin$ey,  Adam,") 
Fugitive  Slaves,  on  motion  of  Mr.  Pindau,  a  com- 
mittee was  appointed  to  inquire  into  tiie 
expediency  of  making  fur&er  provision 
on  the  sulfee^  of  ......    #46 

■a  bill  to  amend,  the  act  for  the  recovery  of, 

read  twice,  and  referred  ...  513 
repotted,  with  amendments  •  •  .  829 
ordered  to  a  third  reading  -  »  •  .  831 
Bead  a  third  time,  and  paiMed  ...  810 
returned  from  the  Senate,  wUh  amendments  1389 
read,  and  ordered  to  lie  on  thetaUe  -  -  1993 
Fuller*  Timothy,  of  Massachusetts,  appeared*  and 

waa  qualified 532 

Funds  in  the  District  Court  of  New  YoriL»  report 

of  the  Judiciary  Committeo  en  ^e  -       -  U08 
(See  Diitrict  Courts  in  New  ForAc.) 

G. 

GaUoo  Uand»  a  bill  for  eredinig  a  ligfa^bMne 

upon,  read  twice    •        •        -        .        -  1696 

Gardiner,  John,  a  lettor  foam,  with  a  map  of  the 

bounty  lands  in  Illinois         ...    400 

General  Armstrongf  private  armed  Brig,  a  bill 
authoiixing  a  sum  of  money  to  be  dietitt- 
Qfted  among  the  ofieers  and  crew  of  the^ 
twice  read,  dsc 1104 

General  Courts  Martial^  a  reperfe  from  the  Seeae- 

taiy  of  War,  of  tho  ospanaee  of     •        -  1523 

Genaral  Peet  Office,  ea  motion  of  Bfr.  Haniaon, 
the  Committee  on  Poet  Oliaee,  Ac,  were 
instructed  to  inqUBe  into  the  expediaa^ 
of  establishing  a  branch  of  the,  w  one  of 
the  Westetn  Sfeatea       •        -  -1113 

unfovorable  report  thereon         •        •        .  1717 

Gehrton^  David,  Mr.  Lowndee  praeanted  te  pe- 
tition oifor  himself  and  Peter  A^Sebenck, 

referred 1380 

•report  thereon,  read,  and  ordered  to  lie  on 
the  table 1451 

Geoagiay  oa  motion  of  Mr.  Cobb,  a  committee 
waa  appointed  to  inquire  into  the  claims 
of,  for  militia  aervioes,  dec      ...    432 
a  bill  for  the  payment  of  certain  militia  eUims 

of,  read  twice,  dec         ....    494 
third  reading  rejected        -        -        -        -  1112 
on  motion  of  Mr.  TerriU,  the  Committee  of 
Gonaieree  and  Manufeeturea  were  in- 
atrueted  to  inquire  into  the  espedien^  of 
assenting  to  an  act  of  the  State  of  -        -  1523 


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INDSX. 


JElNiie  PrQceedmg9  and  Debaiea. 


Gtorgui    contmned>  Page, 

a  hill  to  ^t  efiect  raad  twice,  aiid  ordered 

to  lie  on  the  Uble  --.---  1671 
a  bill  authorizing  the  appointment  of  an  ad- 
ditional judge  for  the  diatrict  of,  read  twice  1714 
the,  third  reading  negatiyed        ...  1714 
Ghent,  a  message,  with  a  decision  of  the  ques- 
tion submitted  to  the  Commissioners  un- 
der the  Treatj  of 1078 

Mr.  Claiborne  submitted  a  resolution  of  in- 
quiry concerning  the  expenses  under  a 
certain  artide  of  the  Treatj  of        -        -1118 
amended,  and  agreed  to    -        >        -        -  1188 
a  message,  with  a  report  of  the  Secretary  of 

State  in  reply U70 

referred  to  a  select  committee    -        -        -  1667 
a  report  thereon  referred  to  a  Committee  of 

the  WhoU 1718 

who  adopt  a  resolution,  requesting  the  Pres- 
ideut  to  arrange  with  the  British  OoTora- 
ment  the  mode  of  designating  the  bound- 
ary line         - 1781 

estimate  of  expenditures  under  the  fifth  ar- 
ticle of  the  l^reaty  of      -        -        -        -  S888 
Giles,  Aquilla,  a  bill  from  the  Senate  for  the  re- 

Uefof 1691 

read  twice,  and  refinrred     ....  1696 

Gist,  Captain  Henry.    (See  JoAiuofi,  Ctqiimn 

Bemamin,) 
Goddard,  Samuel,  and  others,  a  bill  for  relief  of, 

read  twice,  dtc.      .....    871 

Gold  and  Silver  Mines,  on  motion  of  Mr.  Storrs, 
the  Committee  on  Public  Lands  were  in- 
structed concerning  the  reservation  of,  in 

sales 580 

Goodwyn,  Peterson,  of  Vbginia,  appeared,  and 

was  qualified 899 

Mr.  Newton  announced  the  death  of  .        -  1005 
the  usual  resolution  on  the  subject     -        -  1006 
GoTemment,  a  bill  making  appropriations  for 

support  of,  read  twice,  &c  ...  905 
debate  on  the  item  concerning  CommissioD- 

ers  to  South  America  ....  1464 
entered  to  a  third  reading  -  >  •  «  .  1665 
read  a  third  time,  and  passed  ...  1666 
returned  from  the  Senate  with  amendments, 

and  agreed  to        .....  1677 
a  bill  supplementary  to  the  several  acts  mal> 
ing  appropriation  for  the  support  of;  for 
the  year  1818,  read  twice,  and  ordered  to 
a  third  reading      .....  1765 
read  the  third  time,  and  passed  ...  1768 
GoTemors  of  States  and  Territories,  on  motion 
of  Mr.  Huntington,  the  Committee  on 
Post  Offices,  dtc,  were  instructed  to  in- 
quire into  the  expediency  of  authoriiing, 
to  reeeive  and  transmit  official  communi- 
cations free  of  postage    ....    530 
adverse  report  concurred  in        -        «        -1714 
Graefi*,  Mary,  en  motion  of  Mr.  Sergeant,  the  re- 
port of  the  committee  on  the  memorial 
of,  was  reconsidered,  and  referred  to  a 
Committee  of  the  Whole        ...    772 
report  reversed,  and  bill  ordered        -        -  1681 
a  bill  for  relief  of,  read  twice      ...  1687 
ordered  to  a  third  reading  -        -        -        -  1697 
read  the  third  time,  and  passed         -        -  1714 
Graham,  John,  report  of,  to  the  Secretary  of 

State,  on  the  condition  of  South  America  S987 


618 


Paga. 

Greer,  Jacob,  an  adverse  report  on  the  petitkA 
of 

Griffin,  Thomas.    (See  ArmMinngf  General.} 

Griffith,  CamiUus,  the  Military  C^ounittee  were 
discharged  from  considering  the  petition 
of         .......  1764 

Grounds  in  the  City  of  Washington,  a  bill  ex- 
planatory of  the  act  authoriiing  the  aale 
of  certain,  read  twice,  dec      ...     90i 

Gunboato  Nos.  149  and  154,  a  bill  anthoiniDg 
payment  of  a  sum  of  money  to  theoffioera 
and  crews  of,  read  twice,  dec  -  1466 

H. 

Half>pay  Pensions,  a  bill  concerning,  read  twiee, 

and  referred  ......    67S 

reported  without  amendment     ...    6TB 
Hall,  Major  John,  a  bill  from  the  Senate  fi»r  r»- 

Uefof 1716 

read  twiee,  and  refaned    ....  1718 
reported  without  amendment    ...  1797 
read  a  third  time,  and  psased    ...  1777 
Hall,  Willard,  of  Delaware,  appeared,  and  was 

qualified 488 

Hammond,  C,  a  petiti<m  of,  contesting  the  elec- 
tion of  Samuel  Herrick,  reforred    -        .    417 
report  of  the  Committee  of  Electieiis        -    643 
the  memorial  oi;  presented  befine  tkft  com- 
mittee   660 

Hanseatic  Cities,  the  President's  proclamation 
announdng  the  repeal  of  dntiea  with  re- 
spect to  the  1966 

Harper,  Samuel  G.,a  bill  lor  relief  o^  read  twie»  17S8 
Harrison,  Mr.,  speech  of,  on  the  reaelotion  coon- 

coming  Amelia  Island    ....    416 
speech  o^  on  his  resolution  to  provide  6>r 

sufierers  in  the  late  war        ...    450 
remarks  of,  on  the  Commutation  bill  -    470 

on  the  bill  concerning  Revolntionaiy  aur- 

vivors -     49S 

on  the  Compensation  bill   -        -     676,  678,  668 
on  Colonel  Anderson's  letter  to  Mr.  Wil. 

liams     -  .  -    681 

on  his  proposition  to  amend  the  Conetita- 

tion -     Oil 

on  the  case  of  Colonel  Anderson       -        .661 
on  the  motion  to  inquire  into  the  ofl&dal 

conduct  of  clerks    -        •        .       •        .    794 
speech  of,  on  his  motion  respecting  Kosci- 
usko      796 

remarks  of,  on  the  resolution  relative  to  na- 
val discipline         .....    806 
on  the  lesolution  for  adjournment      -        -  1181 
on  a  resolution  to  grant  medals  to  certain 

officers .  1068 

on  Mr.  Trimble's  resolution  in  the  case  of 

R.  W.  Meade 1709 

on  the  supplementary  Bank  bill       -        .  1749 
on  the  biU  for  rdief  of  General  Stark  -        -  1770 
Harrison,  Jonas,  and  others,  a  bill  for  relief  o^ 

read  twice  dtc -     881 

ordered  to  a  third  reading        ...  171$ 
read  the  third  time,  and  passed        .        -  1711 
Hanrison,  General,  and  Govemw  Shelby,  a  reao. 
lution  from  the  Senate  granting  medab, 
dtc,  to,  read  three  times,  and  passed        -  1M8 
Hassler,  F.  R.,  first  report  of,  to  the  Treaaury 

Depaxtmenty  on  the  survey  of  the  coast  0449 


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Ixi 


mDEX. 


hi'r 


H<m9€  Proceedings  and  Debates. 


Page. 
Heatby  John,  Captain  of  MariBea,  on  motion  of 
Mr.  Johnson,  of  Virginia,  the  Secretarj 
of  the  Navy  waa  directed  to  report  a  copy 
of  the  proceedinga  of  the  court  martial  or- 
dered on 806 

a  letter  from  the  Secretary,  with  the  copies 

caUedfor 832 

referred  to  the  Naval  Committee        -        -  1028 
report  of  said  committee    ....  1661 
Heath,  Nathaniel  P.    (See  Renner,  DanieL) 
Hendricks,  Mr^  remarks  of,  on  snbmitting  a  res- 
olation  concerning  the  Jefferson  Ohio  Ca- 
nal Company 1118 

Heniek,  Samuel,  a  letter  of,  to  the  chairman  of 

the  Committee  of  Elections  ...    550 
the  report  of  the  Committee  of  Elections 
that  he  is  entitled  to  his  seat,  agreed  to  1449 
Herring,  Elbert,  a  bill  for  relief  oU  read  twice,  dtc    854 
Hicks,  Oliver  H.,  and  Lockwood  de  Forest,  an 
adverse  report  on  the  petition  of,  for  re- 
mission  ofduties,  concurred  in        -        .  1457 
History  of  Congress,  Mr.  Robertson,  of  Louisi- 
ana,  presented  a  petition  of  Gales  and 
Beaton,  praying  aid  and  patronage  in  their 
proposed  publication  of  the,  referred  to  a 
seleiet.  committee    .....  1391 
report  of  said  oommitlee,  with  a  billauthor- 

i2ing  subscription  to,  read  twice,  &c      -  1650 
report  thereon  ordered  to  lie  on  the  table  1668 
bill  amended,  and  ordered  to  lie  on  the  table  1681 
Hitchcock,  Peter,  of  Ohio,  appeared,  and  was 

qualified 408 

Hogan,  Michael,  a  bill  from  the  Senate  for  relief 

of,  read  twice,  and  referred     ...  1604 
reported  with   an   amenddkent,  and  com- 
mitted   1671 

Hohnes,  Mr.,  remarks  of,  on  the  resolution  con- 

coming  Amelia  Island   •        .        .        •    418 
speech  of,  on  the  repeal  of  internal  duties    437 


on  the  Commutation  bill 


461,471,482 


780 
784 


835 

913 

1579 


.  1698 


memorial  of,  on  behalf  of  Mr.  Herrick  -  558 
remarks  o^  on  the  Compensation  bill  -  574 
speech  of,  on  the  case  of  Colonel  Anderson  664 
remarks  of,  on  the  examination  of  Colonel 

Watson 

on  his  resolution  to  inquire  into  the  official 
conduct  of  clerks   .        .        .        -        - 
on  the  Fugitive  Slave  bill        -        -     828,  838 
on  the  remission  of  duties  to  the  Monument 
Church  at  Richmond     .... 
speech  of,  on  the  Bankrupt  bill 
on  the  Spanish  American  Provinces 
on  his  resohition  ftirther  to  provide  for  sur- 
vivors of  the  Revolution 
on  the  bill  from  Senate  concerning  naviga- 
tion        -  1717 

Hooker,  Samuel  F.,  a  bill  for  relief  of,  read  twice  1401 
a  bill  from  the  Senate  of  the  same  tenor, 

read  twice,  dtc.     -        ...        -  1714 
reported  without  amendment     ...  I76i 
read  the  third  time,  and  passed        -        -  1776 
Hopkinson,  Mr.,  remarks  of,  on  the  resolution 

concerning  the  Judiciary        -        -        -    41 1 
speech  oU  on  the  repeal  of  internal  duties    432 
on  the  claim  of  John  Thompson  for  in- 
terest   -        -        -        -        •        -        -    581 
remarks  of,  on  the  bill  concerning  public 
records,  Ac         .        -        .        -       •    564 


Hopkinson,  Mr. — continued.  Page, 

speech  of,  on  the  motion  for  a  Committee  of 

Privileges 595 

remarks  of,  on  the  case  of  Anderson  -  661 
on  his  resolution  concerning  judicial  fees  711 
speech  of,  on  Mr.  Spencer's  resolutions  -  722 
remarks  of,  on  the  report  in  the  case  of  the 

Richmond  Church  ....  994 
speech  o^  on  the  Bankrupt  bill  •  -  898 
in  reply  to  objections  -  .  -  .  •  988 
remarks  of,  on  the  resolution  concerning 

internal  improvement  .  -  .  1136 
on  the  appropriation  for  Commissioners  to 

South  America 1468 

on  a  resolution  to  grant  medals  to  certain 
officers  ......  1670 

speech  of,  on  Mr.  Trimble's  substitute  for 
the  resolution  reported  in  the  case  of  R. 

W.  Meade 1708 

remarks  of,  on  a  motion  to  rescind  the  res- 

olutions  fixing  the  day  of  adjournment  1770 
on  the  bill  to  divide  Pennsylvania      .        -  1778 
Hosteller,  Jacob,  of  Pennsylvanis,  a  certificate  of 

the  election  of,  as  a  member  of  the  House  1666 
Hour  of  Meeting,  Mr.  Rich,  of  Vermont,  moved 

that  the,  be  11  o'clock,  laid  on  the  table    580 
House  of  Representatives,  list  of  members  pres- 
ent at  the  opening  of  the        .        .      .  .    397 
Howell,  Hubert.    (See  Burnet ^  DanieL) 
Hughes,  Samuel,  on  motion  of  Mr.  Smith,  of 
Maryland,  the  petition  of,  was  referred  to 
the  Secretary  of  the  Navy      .        •        *    881 
Hutchison,  Thomas,  and  partners,  an  adverse 
report  on  the  petition  of,  read,  and  con- 
curred in 1569 

Hyden,  Daniel,  on  motion  of  Mr.  A.  Smyth,  the 
Committee  on  Pensions,  &c.,  were  in- 
structed to  inquire  into  the  expediency  of 
placing,  on  the  list  of  pensioners    -        •    871 

I. 

Illinois  Territory,  Mr.  Pope  presented  the  peti- 
tion of  the  Legislature  of,  praying  that 
the  said  Territory  may  be  formed  into  a 
State  government  -     '  -        -        -    782 

h  bill  to  enable  the  people  of,  to  form  a  con- 
stitution, dec,  read  twice       -        -        -    814 
amended,  read  a  third  time,  and  passed      •  1678 
returned  from  the  Senate  with  amendments  1724 
concurred  in     -----        -  1738 

Importations  of  Merchandise,  dtc,  annual  state- 
ments of,  from  the  Treasury  Department  1739 
Imported  Goods,  Wares,  dec,  a  letter  from  the 
Secretary  of  the  Treasury  concerning  the 
collection  of  duties  on    -        -        -        .    792 
Imported  Salt,  on  motion  of  Mr.  McCoy,  the 
Committee  of  Ways  and  Means  were  in- 
structed to  inquire  into  the  expediency 
of  repealing  the  duty  on        -        -        -    418 
Mr.  Silsbee  presented  a  petition  for  the  repeal 
of  the  doty  on,  referred  ....    446 

report  of  the  Committee  of  Ways  and 
Means,  adverse  to  repeal  ...  1095 
Imports  and  Tonnage,  on  motion  of  Mr.  Smith, 
of  Maryland,  the  Committee  of  Ways 
and  Means  were  instructed  to  inquire 
what  amendments  are  necessary  in  the 
act  regulating  duties  on         -        -        - .  482 

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Imports  and  Tonnage— eontiatied.  Pag*. 

a  bill  to  oontiniie  in  ibrce  for  a  limited  tine 
the  fourth  paragraph  of  the  firet  eection 
of  the  act  to  regulate  duties  on,  read 
tTtiee,  6k,     .       .       •       •       ^       .    86^ 
ordered  to  a  third  reading  •       .        .        .  1748 
read  a  third  time,  and  peeced    ...  1744 
returned  from  the  Senate  with  amendmente, 

and  concuiTed  in    -        •        -.      -        •  177V 
a  bill  juppiemental  to  the  act  to  regnlate  the 

collection  of  duties  on,  read  twice,  dbo.  -    866 
a  letter  from  the  Secrets^  of  the  Treasury 

res]pecting  eertain 1448 

.     ordered  to  a  third  reading  .        »        .  1726 

read  a  third  time,  and  pMsed    -        .        .  1739 
Impriionment  of  citisens  of  the  United  States  by 

Bf^Sah  oorrespondenoe  on  the  enbj«ct  of  1958 
Indian  A£Burs>  appoulnmil  of  a  select  commit- 
tee on  406 

r«p<Mrtoftheeame    .....    451 
indiaB  Agents,  a  bill  from  the  Senate  directing 

the  manner  of  appointing,  dee.  •  -  824 
read  twice,  and  referred  ....  829 
reported  without  amendment  ...  854 
ordered  to  a  third  reading  •  .  •  •  i072 
read  a  third  time,  and  pained  ...  1676 
Indian  Agento  and  Factors,  a  bill  from  the  Sen- 
ate fixing  the  compensation  of  •  -  1736 
read  twice,  and  referred  ....  1739 
reported  without  amendment,  and  ordered 

to  a  third  reading 1764 

read  a  third  time,  and  passed    ...  1769 
Indian  Claims,  a  bill  making  appropriation  to 

extinguish  certain,  read  twice,  d^c.         -  1393 
Ingham,  Mr.,  remarks  of,  on  the  bill  for  remission 

of  certain  duties 822 

on  the  supplemenul  Bank  bill  -       -       -  1751 
Interest  on  Clamis,  discussion  on  the  subject  of 

allowing 531 

Internal  Duties,  4&c.,  the  annual  statement  rel- 
ative to 406 

a  bill  to  abolish,  twice  read,  and  refiBrred  •  417 
report  of  the  Committee  of    Ways  and 

Means 424 

bill  ordered  to  a  third  reading  ...  430 
read  a  thiid^time,  and  passed  ...  443 
returned  from  the  Senate  with  amendments  46$ 
read  and  concurred  in  -  •  •  -  476 
Internal  Impiovemrat,  appointment  of  a  select 

committee  on 405 

report  of  said  committee,  with  a  resolution  451 
debate  on  the  resolution  -  -  -  -1114 
progress  reported,  with  leave  to  sit  again  •  1 138 
debate  thereon  resumed    1 199, 1 185,  1268  ld40 

1381 
resolution  that  Congress  have  power  over, 

agreed  to 1369 

report  of  resolutions  by  the  committee  on  the 

President's  Message  relating  to      -        •  1641 
resolutions  concurred  in    •        -        •        .  1679 
Invalid  Pensioners,  a  bill  regulating  payment  to, 

read  twice,  dbc 866 

ordered  to  a  third  reading  ...  1766 

read  a  third  time,  and  pMsed     ...  1769 

Invalid  Pensions,  a  bill  concerning,  read  twice  1661 

Invalids,  a  bill  respecting,  read  twice,  dtc         •  1007 

Ireland,  John,  an  adverse  report  on  the  petition 

of,  recommitted 817 

supplemental  report,  ordered  to  lie  on  the 
table 896 


Page. 
Iron, -Mr.  Btoomfield  presented  the  petition  of 
sundry  Inhabitants  of  New  Jenej;  pray- 
kig  that  an  additional  duty  may  be  laid 
on  1^  importation  oi,  referred        -        .    446 
Mr.  Macloy  and  Mr.  S^^ant,  of  Pennsyl- 
vania, presented  siniilar  petitions,  referred    463 
Mr.  Southard,  Mr.  Hall,  and  Mr.  BsMett, 

severally,  cBd  the  same  ....  494 
a  bill  to  increase  the  duties  on,  read  twice  865 
sundry  papers  from  (he  Secretary  of  the 

Treasury  on  the  subject,  referred   •        -  1008 

bifl  erderea  to  a  tiiird  reading    ...  1736 

read  the  third  time,  and  pawed  •        -  1740 

re  twined  from  ^le  Senate  with  amendmests, 

and  concurred  in  •        -        -        •        -  1777 

J. 
Jackson,  Andrew,  for  himielf  and  wifo,  Mr. 

Okibofne  presented  a  leaaonrtraiieo  o^ 

reftired         .....        .    819 

Jeflefson  Ohio  Canal  Company,  Mr.  Heikicks 

submitted  a  laaolntion  to  n^baaibe  to  th«  1114 
Jefl&iee,  Richardi  adverse  report  on  the  yeririon  oi  463 
Jervey,  Thomas  Hall,  m  bill  for  relief  of,  read 

twice,  dte.     .....        •  1054 

Johnson,  R.  M.,  remarks  of,  on  the  reaohition 

ooneeming  Aaaelia  Isia»d  ...  414 
speech  of,  on  his  military  resolmiona  -  -  420 
on  the  repeal  of  internal  duties  •  •  440 
remarks  qU  on  the  bill  for  relief  of  Jolm 

Bate U1 

on  the  Commutation  bill    •        -        -    460,  484 
on  his  resolution  to  dothe  the  army  in  Aom- 

rican  manufrietures  ....  495 
speech  oi;  on  the  bill  for  Bevolutionaiy  sw- 

vivors  -•..---  509 
remarks  of^  on  the  reeolutioii  for  engnviBg 

the  map  of  bounty  lands  ...  523 
on  Thompson's.olaiffl  of  interest  •  -531 
on  his  resolution  concerning  the  militia  -  543 
to  incivase  the  saUiy  of  the  Poatmastar 

General  -  -  -  ....  543 
on  the  Compensation  bill  -  •  *  ^  BTI 
on  the  case  of  Colonel  Anderaon  •  56S,  603 
testimony  of,  on  oath,  in  the  same  case  -  778 
speech  d,  on  the  half-pay  Pension  Inll  •  873 
on  his  nine  military  resolutions  •  •  •  888 
on  his  resolution  touching  the  offioe  of 

claims -        -    895 

on  the  right  of  expatriation        ...  1042 
remarks  o^  on  the  motion  not  toreoaiTe 

the  Pesos  memorial       ....  1256 
speech  <^  on  the  intemal  improvement  leao- 

lutions •        -  1881 

on  the  iproposition  relating  to  the  ftpanisii 

Amencan  Provinces  ...  -  1556 
on  the  supplemental  Bank  bill  •  •  •  1761 
a  bill  from  the  Senate  for  the  reliefer,  read 

twice,  and  referred  ....  89ft 
reported  without  amendment  ...  897 
read  the  third  time,  and  passed ...  1777 
the  resolution  from  the  Senate  presenting  a 

sword  to,  read  three  times,  and  passed  -  1MB 
Johnson,  James,  of  Virginia,  appeared,  and  vras 

qualified        ......    415 

speech  of,  on  his  resolution  relating  tonavml 

discipline 802,  »96 

on  the  expatriation  ImU     .        •       .        .1069 
in  reply  to  Mr.  Williams  of  North  Carolina  1088 

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Iiv 


Hou$e  Proceedings  and  Debaiee* 


JXIM 


Jobofon,  James,  of  Yirginift— continued.  Pi^. 

I  remarkf  of^  on  the  internal  improvement 

r  reaolutlon 1136 

speech  of,  on  the  Constitutional  power  of 
Congress,  touching  the  same  -        .        .  1234 
I       Johnson  William,  J  udge,  on  motion  of  Mr.  Mid- 
dleton,   the  Judiciary   Committee  were 
instructed  to  inquire  into  the  expediency 
of  granting  additional  compensation  to  -    543 
(See  Sixth  Circuit.) 
Johnson,  Captain  Benjamin,  and  Captain  Henry 

Gist,  a  bill  ibr  relief  of,  read  twic#,  4tc.  -    866 

ordered  to  a  third  reading  -        .        .        .•  1715 

read  the  third  time,  and  passed  -        •        -  1719 

returned  from  the  Senate  with  amendments 

and  concurred  in   -        •        -        .        .  1777 

Johnson,  Hickman,  as  guardian  of  J.  £.  SeUeis, 

report  of  facts  in  the  case  o^  referred      -    936 
Johnson,  John,  Henry  Perry,  Richard  CraTat, 
and  Beley  Cheny,  a  biU  for  relief  01^  re«d 

twice,  dec 1623 

Jones,  ^hn,  a  bill  for  the  relief  o(  read  twice   •    782 
Jenes,.  Michael,  a  bill  from  the  Senate  for  relief  of, 

read  twice,  and  referred  ....  1675 
reported  without  amendment  ...  1714 
ordered  to  a  third  reading  ...  1722 

read  the  third  time,  and  passed  .        -  1724 

Jones,  Mr.,  of  Tennesse,  speech  of,  on  internal 

improvement  resolution  ...  1274 

Joufdan,  B.  and  P.,  brothers,  a  bill  lor  relief  of, 

read  twice,  ^c 897 

reported  with  an  amendment,  read  the  third 

time,  and  passed 1776 

Journals  of  the  Old  Convention,  dtc,  a  bill  from 
the  Senate  for  the  publication  and  distri- 
bution of  the  799 

read  twice,  and  referred    ....    800 
reported  with  an  amendment     ...  1393 
read  a  third  time,  and  passed  as  amended  .  1401 
Jonrnal  of  the  House,  a  motion  of  Mr.  Poindez- 
ter  to  amend  the  record  of  proceedings  on 
the  memorial  of  Vincente  Paios  negatived  1282 
Judge  Advocates  of  the  Army,  on  motion  of  Mr. 
Storrs,  the  Secretary  of  War  was  directed 
to  report  the  cases  in  which  counsel  has 
been  employed  to  assist  the    -        .        .    824 
report  of  the  Secretary  of  War  in  obedience  1623 
Judges  of  the  Supreme  Court,  on  motion  of  Mr. 
Hopkinson,  the  Judiciary  Committee  were 
instructed  to  inquire  into  the  expediency 
ofincreasing  the  salary  of  the         -        .    870 
Judiciary,  appointment  of  the  standing  commit* 

tee  on  the 400 

on  motion  of  Mr.  Claiborne,  the  said  com. 
mittee  were  instructed  to  inquire  what 
alterations  are  necessary  in  the,  srstem  .    410 
Jurors  and  Witnesses,  on  motion  of  Mr.  Herrick, 
the  Judiciary  Committee  were  instructed 
to  inquire  into  the  expediency  ofincreas- 
ing the  compensation  of         .        .        .    600 
Jofltices  of  the  Peace,  on  motion  of  Mr.  Hoknes, 
the  same  committee  were  instructed  to  in. 
quire  into  the  expediency  of  providing  by 
law  for  the  appointment  of    -        .        .    600 
a  bill  from  the  Senate  to  make  valid  cectain 
.  acts  of  the,  in  the  District  of  Columbia, 

read  twice      *        .        .        .        .        .  1558 
reported  without  amendment,  and  ordered 
to  Ue  on  the  table 1666 

15th  Coir.  1st  Sess.— C 


Justices  of  the  Peace — continued.  Page, 

amended,  read  a  third  time,  and  passed  -  1697 
the  Senate  di^greed  to  the  amendment  -  1716 
the  House  insisted,  and  appointed  managers 

of  a  conference  .....  1718 
report  of  the  managers,,  and  subject  indefi. 

nitely  postponed 1737 

K. 

Kalb,  Baron  de,  the  Speaker  ptesented  a  letter 
from  the  Governor  of  llaryluid,  respect- 
ing the  monument  ordered  to  be  ei«ctad 
at  Annapolis  in  honor  ef  the  memory  ot, 
referred         ......  1072 

the  committQo  disohaiiged  from  ils  ooasider- 

ation 1094 

Mr.  Reed  submitted  a  zosolBtion  on  the  same 
subject,  which  the  House  relnsed  to  ccft. 

«^ 1096 

a  motion  by  Mr,  R.,  to  take  up  hk  Msolm- 
tion,  negatived      *        -        .        .        -1118 
Kennedy,  John,  and  Henry  NaU,  a  bill  for  rel^f 

of,  read  twice,  dtc  ....    864 

Kentucl^,  the  Speaker  presented  a  memOTial  of 
the  Legislature  of,  respecting  the  bonn- 
dary  line  between  said  State  and  Tennae. 
aee,  re£Brred  •-....  i07| 
Kentud^  Ohio  Canal  Company,  on  motion  of 
Mr.  Anderson,  the  Committee  on  Roads 
and  Canals  were  instructed  to  inquire  in- 
to the  expediency  of  subscribing  for  sfaaMs 

in  tJw 1448 

Kenzie  and  Forsyth,  a  bill  fbr  relief  of,  read 

twice,  dtc 1667 

Keys,  Purley,  and  Jason  Fairbanks,  a  bill  for  re- 
lief of,  twice  read  683 

ordered  to  a  third  reading  ....  1401 
read  a  third  time,  and  rejected  ...  1406 
King  of  Naples,  en  motion  of  Mr.  Smith,  of  Ma- 
ryland, a  committee  was  appointed  to  re. 
quest  of  the  President  infmnation  rela- 
tive to  the  seiiure  and  confiscation  of 
American  vessels,  6cc,  under  the  author^ 

ityefthe 832 

King,  Henry,  an  adverse  report  on  the  petition 

of 1028 

report  reversed,  and  a  biU  ordered      .        .1180 
a  bill  for  the  relief  of,  read  twice        .        •  1260 
ordered  to  lie  en  the  table         ...  I6OT 
ordered  to  a  third  reading         ...  1716 
read  the  third  time,  and  passed  ...  1719 
King,  WiHiam,  a  bill  for  relief  of,  read  twice,  dbc.  1M8 
King,  Samson  R.,  a  bill  for  the  relief  o(  read 

twice,  dte.      ......  1446 

Kinsey,  Adam,  and  Thomas  French,  a  bili  for 

reliefof,  twice  read,  dbc         .        -        -1400 
Knaggs,  Whitmore,  a  report  of  facts  in  the  eise 

of,  referred 936 

Kosciusko,  Mr.  Harrison  submitted  a  jomt  resn- 
lution  for  a  committee  to  inquire  and  re- 
port proper  measures  to  manifest  respect    ' 
to  the  memory  ef  Oeneral,  read     .        .    794 
after  debate  the  resolution  was  withdrawn    900 


La  Coste,  Peter,  a  letter  fh>m  the  Secretary  of 

State  on  the  petition  o(  referred     -        -    446 
an  adverse  report  thereon  .       -       .        •   601 


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INDEX. 


Ijcviii 


Btnme  Proceeding*  and  Debatee. 


litke  Midiigm,  on  motkm  of  Mt.  Holmes,  of 
MaiMchiitettt,  the  Committee  on  Roads 
and  Canals  were  instracted  to  inqnire  into 
tbe  expediency  of  constructing  a  naviga- 
ble canal,  to  unite  the  waters  of,  with  the 

Mississippi 490 

Land  Claims,  on  motion  of  Mr.  Scott,  the  Com- 
mittee of  Public  Lands  were  instructed  to 
inquire  into  the  expediency  of  providkig 
fer  a  final  adjustment  of,  in  the  Tenitory 
of  Missouri 446 

OB  motion  of  Mr.  Robertson,  the  Seeretaiy 
of  the  Treasury  was  directed  to  lay  b^ 
fcre  t^  House  the  reports  of  the  oomrais- 
sioners  for  Louisiana,  dec      ...    841 

letter  from  the  Secretary  of  the  Treasuij 
in  obedience  --....    861 

a  bill  supplemental  to  the  aeveral  acts  for 
the  adjustment  of,  in  Louisiana  and  Mis- 
•onri,  read  twice,  dcc^     ....    866 

Land  District,  on  motion  of  Mr.  Cobb,  the  Com- 
mittee of  Public  Lands  were  instructed  to 
inquire  into  the  expediency  of  establi^- 
Ing  a  separate,  in  a  part  of  the  Territory 

of  Alabama 815 

Land  Laws,  a  resolution  from  the  Senate  rela- 
tive to  the  distribution  of  the  late  edition 

of  the,  read  twice 871 

read  a  third  time,  and  passed     ...    936 
Land  Offices,  on  motion  or  Mr.  Scott  the  Com- 
mitttee  of  Public  Lands  were  instructed 
to  inquire  into  the  expediency  of  estab- 
lishing various  additional        ...    430 
a  bill  providing  for  additional,  in  Missouri 

Territory,  read  twice      ....    486 
ordered  to  a  third  reading  ....    508 
read  a  third  time,  and  passed     -        -        -    616 
returned  from  the  Senate  with  amendments    824 
read  and  referred       .....    826 
reported  with  an  amendment,  and  agreed  to    829 
on  motion  of  Mr.  Simkins  the  Committee 
on  Public  Lands  were  instrcted  to  inquire 
into  the  expediency  of  establishing  pther, 
in  the  Territory  of  Alabama  ...  1460 
a  bill  to   establish    certain,  with  districts 
east  of  Island  of  N.  Orleans,  read  twice  -  1661 

laid  on  the  table 1722 

Land  Patents,  for  soldiers'  bounties,  instructioBs 
to  the  Land  Committee  to  provide  for  some 
other  person  than  the  President,  to  sign  1623 
Land  Titles,  on  motion  of  Mr.  Pope,  sundry  pe- 
titions from  inhabitants  of  Illinois  Terri- 
tory, relating  to,  were  referred  to  the 
CommiUee  on  Public  Lands  -  -  -  '422 
Ltnd  Warrants,  a  report  from  the  Secretary  of 
the  number  of,  issued  for  military  boun- 
ties        443 

on  motion  of  Mr.  Merrill,  the  Secretary  of 
War  was  directed  to  report  names,  dec, 
of  recipients  of  -  .  -  .  .  489 
letter  from  the  Secretary  of  War  in  reply  -  841 
l4md  to  Revolutionary  Survivors,  on  motion  of 
Mr.  Tarr,  the  Military  Committee  were 
instructed  to  inquire  into  the  expediency 
of  granting  one  hundred  and  sixty  acres 

of,  to  each 897 

Lands  in  Alabama,  a  bill  from  the  Senate  relat- 
ing to  the  survey  and  sale  of  the  public. 


Lands  in  Alabama — continued. 

read  twice,  au^ 14111 

reported  without  amendment,  and    com- 
mitted   1661 

read  a  third  time,  and  passed    ...  1779 
La  Plata,  declaration  of  independence  of  Um 

provinces  of  -        -        -        -       -        -  1877 

Law,  Andrew,  a  bill  anthoriung  the  renewnl  of 

a  patent  to,  read  twice,  dbc   ...  1007 
Lawrence,  widow  of  Captain  James,  on  motkm 
of  Mr.  Tallmadge,  the  Naval  Committee 
were  instructed  to  inqnire  into  the  expe- 
diency of  continuing  the  peneiMi  of  hal^ 
pay  to-------     680 

committee  discharged        ....  iTfi 

Laws  of  the  United  States,  a  joint  resoiatmi 
authorixing  the  distributiDn  of  a  new  edi- 
tion of  the,  twice  read   •        .        •        .    409 
read  a  third  time,  and  passed    ...    417 
returned  from  the  Senate  with  an  amend- 

ment,  and  concurred  in  -        -        -    677 

Mr.  Johnson  submitted  a  resolution  for  the 

puMication  ofthe,  refened     •        -        .    Ml 
a  bill  to  provide  for  the  pnblicatien  of  the, 

read  twice,  dbc     •        .        •       •        •    781 
ordered  to  a  third  reading  ...  1668 

read  a  third  time,  and  passed    •        •        .  1666 
returned  from  the  Senate  vrkh  eaendmenta  1715 
all  concurred,  in  except  two,  to  whieh  the 

House  disagreed   .        •        .        •        •  1790 
the  Senate  receded  from  one  and  insiated 

on  the  other  -        -        .        .  -      .  4737 

the  House  receded  from  the  amendment  in- 
sisted on        •        ^        .        .        .        .  1788 

Lazaretto  Channel,  on  motion  of  Mr.  Hopkin- 
son,  the  Committee  of  Commerce  and 
ManufactOres  were  instructed  to  inquire 
into  the  expediency  of  providing  for  ex- 
penses of  laying  down   and   taking  up 

buoys  in  the,  dec. 854 

Lead  Mines,  on  motion  of  Mr.  Scott,  the  Com- 
mittee on  Public  Lands  were  instructed 
to  inquire  into  the  expediency  of  leasing 
and  working  the  public  ...     453 

Mr.  S.  submitted  another  motion  concern- 
.  ing  the  disposal  of  certain      ...     877 
Lee,  Richard  Bland,  the  Speaker  presented  a  let- 
ter from,  with  report  of  facts  in  the  cases 
of  certain  claimants  under  the  Property 

Act 417,428,831 

Leonard,  Henry,  on  motion  of  Mr.  A.  Smyth* 

the  Committee  on  Pensions,  dc^c,  were 

instructed  to  inq|iire  into  the  expediency 

of  placing  the  name  of,  on  the  pension  list     488 

Lewis,  Mr.  J.,  of  Virginia,  appeared  and  was 

qualified        .......     399 

Lewis,  Winslow  and  Henry,  a  report  of  the  See- 

retary  of  State  on  the  petition  of,  referred     482 
a  bill  for  relief  of,  read  twice      ...     448 
ordered  to  a  third  reading  ...     515 

read  a  third  time,  and  passed    ...     516 
returned  from  the  Senate  with  an  amend- 
ment   ----....     877 

read  and  concurred  in        -        -        -        -     799 

Lewis,   William   B.,  a  bill  for  relief  of,  read 

twice,  dtc -  1007 

Lewis,  Edwin,  a  letter  from,  respectipg  Judge 
Toulmin,  referred  to  the  Judiciary  Com- 
mittee   •*  1722 


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hx 


ttm$e  Proceeding$  md  DebaU$, 


Pajre. 
Library,  a  resolution  from  the  Senate  for  tlie  ap- 
pointment of  a  joint  committee  on  the, 
was  concurred  in,  and  a  committee  ap- 

^        pointed 405 

Linn,  Mr.,  speech  of,  on  the  Commutation  bill  -    808 
Little,  Peter,  remarks  of,  on  the  bill  to  abolish 

internal  duties 438 

on  the  Compensation  bill  ....    578 
Litermore,  Mr.,  remarks  of,  on  the  Commnta- 

tionbill 473 

on  the  warrant  for  arrest  of  Anderaon        -    588 
speech  of,  on  the  motion  to  appoint  a  Com- 
mittee of  PriTileges        ....    594 
in  replj  to  other  speakers  ...    fi09 

on  the  Fugitive  SUve  biU  -        -     830,  837 

on  the  bill  concerning  the  district  coorte  of 

New  York 1184 

on  the  Pazos  memorial      ....  1266 
remarks  of,  on  the  bill  for  relief  of  M^er 

General  Stark 1770 

Loan  Office  Certificates,  on  motion  of  Mr.  Allen, 

the  Committee  on  Pensions,  &c,  were 

instructed  to  inquire  into  the  expediency 

of  authorizing  payment  of      -        -        -    447 

Itoomis,  Jarius,  and  James  Bassett.    (See  6i»Jt> 

Ifoais,) 
Low,  Catharine,  on  motion  of  Mr.  Comstock, 
the  Military  Committee  were  instructed 
to  inquire  into  the  expediency  of  making 
provision  for  .....    905 

Lowndes,  Mr.,  remarks  of,  on  the  bill  to  abolish 

internal  duties  -  -  436,426,488,439 
on  the  motion  to  inquire  into  the  official 

conduct  of  clerks  .....  785 
on  the  Commutation  bill  -  -  -  -  810 
on  remission  of  duties  to  Richmond  church  836 
on  the  case  of  Richard  W.  Meade  •  -  848 
speech  of,  on  the  Expatriation  biD  -  -  1050 
remarks  of,  on  his  proposition  to  divide  the 

resolution  on  internal  improvement  -  1135 
speech  of,  on  the  resolution  as  reported  -  1235 
remarks  of,  on  the  Pazos  memorial  •  -  1252 
on  the  Delaware  and  Chesapeake  canal  >  1899 
speech  of,  on  Mr.  Clay's  motion  to  amend 

the  Neutrality  bill 1413 

in  reply  to  Mr.  Clay  -        -  1418,  1432 

in  answer  to  a  question  concerning  the  Com- 
missioners to  South  America  -        -  1464 


Mackall,  John  G,,  an  adverse  report  on  the  peti- 
tion of,  concurred  in      -        •        -        -    475 
Maokay,  James,  a  bill  for  relief  o4  read  twice    -  1523 
ordered  to  a  third  reading  ....  1721 
read  a  third  time,  and  passed     ...  1724 
Maclay,  William,  of  Pennsylvania,  appeared  and 

was  qualified 406 

Maclay,  William  P.,  remarks  of,  on  the  Fugitive 

Slave  bill 830 

Maine,  on  motion  of  Mr.  Whitmore,  the  Judici- 
ary Committee  were  instructed  to  inquire 
into  the  expediency  of  altering  the  time 
of  holding  the  district  court  in  the  Dis- 
trict of,  851 

a  bill  to  that  effect  read  twice    -        •        -  lllS 
read  a  third  time,  and  passed    -        -        .1 138 
MaBu£Ktured  Articles,  a  bill  to  increase  the  du- 
ties on  certain,  imported,  read  twice       -1661 


Manufactured  Articles— continued.  Page* 

committed  to  the  Committee  of  the  Whole  1718 
ordered  to  a  third  reading  ....  1786 
read  a  third  time,  and  passed  ...  1789 
returned  from  the  Senata  with  amendmonti, 
and  concurred  in  •  -  -  •  -  1777 
Manufiicturers  of  looking-glasses  in  frames,  ite^ 

adverse  report  on  the  petition  of,  agreed  to  1656 
Manumission  and  Colonization  Socie^  of  North 
Carolina,  Mr.  Settle  presented  the  petitioa 

of  the,  referred 638 

Mr.  Blount  presented  the  petition  of  a  simi- 
lar society  of  Tennessee,  referred  -        -    799 
Marietta  and  Vincennes,  a  bill  from  the  Senate 
providing  for  the  sale  and  location  of  cer« 
tain  lands,  in  the  distriota  of  -        •        -    851 
read  twice,  and  committed         ...    856 
reported  without  amendment,  and  ordered 

to  a  third  reading  .....  1018 
read  a  third  time,  and  passed    •        •        •  1068 
Maritime  frontier  of  Maryland,  Mr.  Uttle  pro- 
sented  sundry  resolutions  concerning  the 

defence  of  the 1013 

Maritime  frontier  of  the  United  States,  report  of 
the  operations  under  the  act  of  February, 

7, 1817  3468 

Marshal  of  the  Northern  District  of  New  York, 
on  motion  of  Mr.  Porter  the  Judiciary 
Committee  were  instructed  to  inquire  in- 
to the  expediency  of  increasing  the  com- 
pensation of  the  .....  496 
a  report  that  it  is  not  expedient  concurred 

in 533 

Maryland,  the  Speaker  presented  a  resolution 
of  the  Legislature  of,  relative  to  the 
establishment  of  a  naval  depot  within 
said  State,  referred  ....  1447 
Mason,  Armistead  T.,  Mr.  Strother  presented  the 
pelition  of,  contesting  the  election  of 
Charles  F.  Mercer,  dec,  referred  to  the 
Committee  of  Elections  ...  566 
said  committee  discharged  from  considera- 
tion of  the  same 790 

Mason,  James  B.,  of  Rhode  Island,  appeared, 

and  was  qualified  .....    609 
Mason,  Mr.,  of  Massachusetta,  remarks  of,  on  the 

Fugitive  Slave  bill         ....    $88 
speech  of,  on  the  Bankrupt  bill  •        -        -    963 
Mason,  Cornelius,  a  bill  for  relief  o(  read  twice  1567 
read  the  third  time,  and  passed  ...  1769 
Massachusetts,  on  motion  of  Mr.  Mason,  the  mi- 
litia claims  of  the  State  o(  were  referred 
to  a  select  committee      ....    830 
a  letter  from  the  Secretary  of  War  on  the 

claims  of,  referred  to  same     -        -        -    854 
a  bill  to  authorize  the  settlement  and  pay- 
ment of  certain  claims  of  the  State  of, 
read  twice,  &c      .....  1338 
Matehin,  Capt.  Thomas,  on  motion  of  Mr.  Saw- 
yer, the  Committee  of  Pensions  were  in- 
structed to  inquire  into  the  expediency  of 
correcting  -a  mistake  in  the  amount  of 
pension  paid  to      -        -        •        -        -  1889 
Matters  ordered  to  be  printed,  Mr.  Spencer  sub- 
mitted a  motion  respecting  the  number  of 
copies,  and  distribution  of  all         -        -  1480 
amended,  and  agreed  to    -        -        -        -  1470 
Mayhew,  Thaddeus,  a  bill  for  the  relief  of,  read 

twice,  ftc 1839 


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Ixxii 


Mnut  Pr0e^^ng9  and  Debatm. 


MMde,  RIdiard  W^  Mr.  TrimUe*  of  Keatiioky, 

submitted  a  resotetMB  reqaeitipir  ^  ^^ 

President  tDformaition  as  to  the  impraon- 

flMttt^  in  Bpain  •        -  '     -        -        -    602 

•agreed  to,  and  a  committee  appointed  topro- 

seatlt 6» 

a  meMago,  wkh  arqport  ftom  tbe  Soeretaiy 

•of  Stale,  in  replj 889 

Mr.  TrtmUe  prosmted  aiiotlier  resolnlioti 

concerning  -.-*--  847 
reftfrrod  to  a  saloet  eommittee  *  .  -  883 
report  of  the  samo,  read  and  ordaiod  to  be 

printed 1694 

Mr.  Trimble  sabmiHed  a  subatitvte  fn  the 

resolution  reported  ....  1700 
fHiich  was  negatived,  and  ^be  report  of  the 

eommittee  agreed  to  ....  1713 
diplomatic  correspondenoe  relatittg  to  die 

imprisonment  of    -        -        "        -        -  1814 
letter  of  Mrs.  Meade,  endosiag  smidfy  pa^ 
pern,  to  the  Prendent    ....  1828 
Mechanics'  Relief  Society,  of  Alexandria,  a  bill 

from  the  Senate  to  incorporate  the  -    9S4 

read  twice  and  referred  ....  829 
reported  without  amendment  -  -  -  846 
oitlered  to  a  third  reading  ...  1667 

read  a  third  time,  and  passed     ...  1714 
Medical  Society  of  Washington,  a  bif]  to  incor- 
porate tbe,  read  twice,  dec.     ...  1431 
Menotiists,  Mr.  Beecher  presented  the  petition 

of,  referred 408 

Mercer,  Chas.  F.,  of  Virginia,  remarks  of,  on  his 

resolution  respecting  African  slave  trade      618 
the  Speaker  presented  sundry  documente 
contesting  the  election  of,  whid)  were  re- 
ferred to  the  Committee  of  Elections      -    666 
speech  of,  on  the  case  of  John  Anderson    -    686 
remarks  of,  on  the  remission  of  duties  to  the 

Church  at  Richmond     ....    886 
on  the  Bankrupt  bill         ....  loil 
on  the  report  concerning  internal  improve- 
ment      1116,1137 

speech  of,  on  the  resolution  submitted  by 

the  committee 1284 

remarks  of,  on  the  Delaware  and  Chesa- 
peake Canal 1368 

speech  of,  on  the  supplemental  Bank  bill    »  1762 
Merchanto'  Bank  of  Newport,  a  bill  from  the 

Senate  for  relief  of  the,  read  twice,  Sec.  1648 
reported  without  amendment,  and  commit^ 

ted 1720 

Merchants,  Traders,  and  Taflors,  adverse  report 

on  the  petition  of,  concurred  in  -  -  16(^ 
Merino  Wool,  a  motion  to  exempt,  from  duty  -  878 
Message,  the  President's  annual,  &ve  thousand 

copies  of  the,  ordered  to  be  printed  •    399 

reference  of  the,  to  appropriate  committees    401 
Michigan,  on  motion  of  Mr.  Johnson,  a  commit- 
tee was  appointed  to  prepare  a  bill  au- 
thorizing the  people  of  the  Territory  of, 
to  send  a  delegate  to  Congress       -        -  1180 
a  bill  to  that  effect  read  twice     -        .        .  1393 
ordered  to  a  third  reading  -        -        -        -  l4dl 
Michigan  Claims,  report  of  the  Secretary  of 

Stete  on  certein 477 

Midas,  private  armed  schooner,  Mr,  8.  Smith 
proFonted  the  petition  of  the  ownets  of 
the,  in  behalf  of  the  officers  aiid  crew    -  1766 


MidshipMett,  memorial  of  the,  of  the  United 
States  Navy  to  the  Prasideni  of  tlw 
United  States 

Military  Academy,  on  motion  of  Mr.  Robaitooii 
the  Military  Committee  were  iiietr«cled 
to  inquire  into  die  expediency  of  prepaid 
ing  a  bill  concerning  the,  embtadn^  cer- 
tain principles,  dbc        .... 

Military  Attain,  appointment  of  a  aelect  ooDuntt- 
tee  on- 

MiMtery  Bounty  Lands,  on  motion  of  Mr.  T. 
M.  Nelson,  m  committoe  irai  appointed 
to  make  certain  inquiriea  cenoeming 
Mr.  Taylor  submitted  m  joint  reaohition  di- 
recting the  Commissioner  of  the  GenenA 
Land  Office  to  eanse  to  be  engimfed  ^m 
map  of------ 

twice  read,  and  ordered  to  a  third 
read  the  third  time    .... 

MiTiUry  Establishment,  Mr.  Johniien,  of 

tncky,  submitted  eundry  reeelutionff  rela- 
ting to  various  matters  eouieetod  with 


Pm^ 


2602 


464 


487 


514 
616 

618 


419 


a  bill  making  appii^iriations  fcr  the,  rand 

twice . 

ordered  to  a  third  reading  .... 
amended,  and  ordered  to  be  engroaaed  an 

amended       ..... 
read  the  third  time,  and  passed 
returned  from    the  Senate  with  amend- 

mente,  and  referred       ... 
one  amendment  disagreed  to,  the  rest 

ouvred  in       •        -        •        .        - 
the  Senate  insist  on  the  amendment  diaa- 

greed  to        -----        • 
the  House  insist,  and  ask  a  eonterenoe 
detailed  report  oif  the  Managers 
the  House  resolved  to  adhere     -        - 
Military  Land   Warrants,    resolution  of  Mr. 

Walker,  of  North  Carolina,  on  the  sah- 

ject  of-----, 
a  bill  from  the  Senate  further  extending 

the  time  for  issuing,  dec,  read  twice 
ordered  to  a  thini  reading  .... 
read  a  third' time,  and  passed    ... 
a  bill  from  the  Senate  extending  the  time 

for  obtaining,  read  twice        ... 

read  tbe  third  time,  and  passed  ... 

Military  Pensions,  a  bill  providing  for,  dec, 

read  twice     ......     711 

Military    Peace    EataUkhment,    Mr.   TrimUn 

submitted  resohitions  direoting  the  Seeie- 

tary  of  War  to  report  at  next  aeasian 

what  reductions  may  be  made  in  the,  dke.  1766 
amended  and  adopted        ....  1757 

Militia,  appototmeot  of  a  select  committee  on 

the 664 

on  motion  of  Mr.  Marr,  the  committee  was 
directed  to  inquire  into  the  expediency  of 
raakhig  provision  for  the  disabled  oflioem, 
dbc.,  of  the    - 

Mr.  Johnson  submitted  a  resolution  con- 
cerning the  general  staff  of  the      - 

agreed  to,  and  referred  to  the  committee  on 
the 

report  of  an  organisation  of  the 

a^Ul  for  organizing,  claanng,  and  ann!iig 
the,  laid  on  the  taUa     .... 


19% 

794 
799 


-  847 

-  860 


861 
866 
883 
894 


691 

894 
996 
964 

1139 
1419 


-     431 
613 


-     90 


9U 


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INDBX. 


Ixxiv 


Home  Proee^dingM  and  Debaie$, 


Militia— continued.  Page, 

a  bill  from  the  Senate  to  defray  the  expen- 
ses oft  while   marching  to  rendezToas, 
read  twice,  and  referred  -        -        -        -     143 
reported  without  amendment,  read  a  third 

time,  and  passed 1779 

a  bill  to  increase  the  paj  of,  while  in  actual 

service,  read  twice  ....  1672 

ordered  to  a  third  reading  ...  1697 

read  the  third  time,  and  passed  -        -        •  \l\b 
Militia  Courts  Martial,  the  Speaker  presented 
the  petition   of   sundry  inhabitants    of 
Pennsylvania  respecting  the  conduct  of 
certain  officers  engaged  on,  reierred        -  1392 
Miller,  Mr.,  of  South  Carolina,  remarks  of,  on 

the  resolution  concerning  Amelia  Island    414 

on  his  motion  respecting  neutral  relations  -    619 

on  a  resolution    respecting   the    Military 

Peace  EsUblishment     ....  1767 

Miller,  Noah,  a  bill  for  relief  of,  read  twice       -    444 

ordered  to  a  third  reading  -        -        -        -    490 

read  the  third  time,  and  passed  ...    4d5 

Miller,  Thomas,  and  Stephen  Baker,  a  bill  for 

relief  of,  read  twice  -  -  -  -  841 
ordered  to  a  third  reading  -  -  .  .  1687 
read  the  third  time,  and  passed  -        -  1692 

returned  from  the  Senate  widi  amendments  1738 

concurred  in     - 1739 

Miller,  John,  on  motion  of  Mr.  Williams,  of 
New  Yoffk,  the  Committee  on  PensioBs, 
&C.,  were  instructed  to  inquire  into  the 
expediency  of  placing,  on  the  pension 

list 8iT 

Milli,  Elijah   H.,  of  Massachusetta,  appeared, 

and  was  qualified  -        -        -        •        •    846 
speech  of,  on  the  Baaknipt  WU  •        -       •    964 
ramarksof,  on  the  motion  DOt  to  receive  ^m 
Paios  memorial     -        ...        -  1266 
Minors  in  the  late  Army,  Mr.  Walker,  of  North 
Carolina,  aubmitted  a  resolution  ooncem- 

ing -    417 

cons^ered  and  rejected     ....    882 
Ifint,  on  motion  of  Mr.  Seybert,  a  committee 

was  appointed  on  the  subject  of  the  -       •    406 
a  bill  supplemental  to  the  act  to  establish 

the,  read  twice  -  -  -  -  -  417 
ordered  to  a  third  reading  -  -  -  -  432 
read  the  third  time,  and  passed  -        -    446 

returned  from  the  Senate  wiHi  amendments, 
and  agreed  to         .....    516 
Mifiinippii  &  resolution  from  the  Senate  to  ad- 
mit, into  the  Union,  read  twice      -        -    406 
read  the  third  time,  and  passed  -        -        -    409 
on  motion  of  Mr.  Poindexter,  the  Judiciary 
Committee  were  instructed  to  inquire  into 
the  expediency  of  making  provision  for 
the  due  execution  of  the  laws  of  the  Uni- 
ted States  within  the  State  of         -        •    476 
a  bill  providing  for  the  same,  read  twice      -    617 
recommitted  to  the  Judiciary  Committee    -    631 
reported,  without  amendment    -        -        -    533 
ordered  to  a  third  reading         ...  1403 
read  a  third  time,  and  passed     .        .        -  1405 
Missouri  Territory,  the  Speaker  presented  the 
petition  of  sundry  inhabitanU  of,  praying 
that  said  Territory  may  be  erected  into  a 
State,  dec,  referred  to  a  select  committee    691 
Mr.  Scott  presented  a  similar  petition,  re- 
ferred to  same        ....  840,  1391 


MiMOuri  Territory— continued.  Pagt. 

Mr.  Scott  also  presented  a  petition,  praying 

for  a  division  of 1392 

a  bill  to  authorize  the  people  of,  to  form' a 
constitution,  Ac,  twice  read,  dtc   -        -  1672 

Mitchell,  Richard,  report  of  the  Secretary  of  the 

Treasury  on  the  petition  of    -        -        -    634 

Mogadore,  on  motion  of  Mr.  Bloomfield,  the 

^  Committee  of  Foreign  Affairs  were  in- 

structed to  inquire  into  the  expediency 
of  establishing  a  Consul  at     ...    897 
a  report  thereon  read        -        .        .        .  1451 

Mohr,  Cdx\  Theoaore,  of  Germany,  a  letter  from, 

respecting  the  manufacture  of  porcelain  -    646 

Moneya  transferred,  re|>ort  of  the  Secretary  of 

War  on  the  subject  of  •        -        -        -    541 

Monumental  Church,  at  Richmond,  an  adverse 
report  on  the  petition  for  remission  of  du- 
ties to  the      838 

considered,  and  concurred  in     -        -        •    837 

Moore,  Mr.,  of  Pennsylvania,  speech  of%  on  the 

bill  supplementary  to  the  Bank  act         -  1746 
moved  to  rescind  the  resolution  fixing  the 
day  of  acljournment        ....  1770 

Morgan,  Thomas.    (See  Armstrong,  General) 

Morris,  Richard,  adverse  report  on  the  petition  of   467 

Morton  and  Sneed.    (See  TVeoiury  Notes  lost.) 

Moseley,  Mr.,  of  Connecticut,  speech  of,  on  the 

Compensation  bill  ....    537 

Mnmford,  George,  report  of  the  Committee  of 

Elections  in  the  case  of  -  -  -  865 
a  letter  from,  to  the  said  committee  -  •  867 
is  confirmed  in  his  right  to  a  seat        -        -  1450 

McConnell,  John,  and  LukeHoff,  adverse  report 

on  the  petition  of,  agreed  to  -        -        -    447 

McGirt,  Zachariah,  on  motion  of  Mr.  McCoy,  the 
adverse  report  on  the,  was  recommiited, 
with  instructions 829 

MeGrew,  John,  a  bill  for  relief  of  the  legal  rq»- 

reaentatives  o(  read  twice,  dtc.       -        •  1623 

MeHenry,  James,  late  Secretary  of  War,  on  mo- 
tion of  Mr.  Livermore  the  Clerk  was  or- 
dered to  procure  to  be  printed  600  cojpies 
of  a  report  made  by,  on  the  militia  claims 
of  the  State  of  Georgia  -        -        -        -    534 

Mcintosh,  Mr.,  extract  of  a  letter  from,  to  the 

Secretary  of  the  Treasury      ...  1800 

McLane,  Mr.,  of  Delaware,  speech  of,  in  the  case 

of  John  Anderson  ....  -  684 
on  the  bill  relating  to  expatriation  -  -  1054 
in  reply  to  Mr.  Johnson,  of  Virginia  -  -  1066 
on  the  Delaware  and  Chesapeake  Canal    -  1399 

N. 

Nail,  Hennr.    (See  Kennedy ,  John.) 

Names  of  Delinquent  Paymasters,  on  motion  of 
Mr.  Slocumb,  the  Secretary  of  War  was 
directed  to  report  to  the  House  the        -    936 
a  letter  from  the  Secretary  in  reply    -        -  1072 

Naples,  a  Message  from  the  President,  in  rela- 
tion to  the  claims  of  merchanta  against 
the  Government  of        ...        -  1074 

Naval  Affairs,  appointment  of  a  select  commit- 
tee on   404 

Naval  Armament  on  the  Lakes,  correspondence 
relating  to  the,  between  the  Secretary  of 
State  and  the  British  Minister        -        -  1948 

Naval  Discipline,  Mr.  Johnson,  of  Virginia*  sub- 
mitted a  resolution  relating  to        •        -    805 


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INDEX. 

Bowe  ProeeedingB  and  Debatm. 


Ixm 


Navtl  Dbdpline— continued.  P«gc- 
•mended,  and  referred  to  the  Nafal  Com- 
mittee    ,   '  .    .•    ®^^ 

report  of  laid  committee  thereon,  that  it  is 

inexpedient  to  make  anj  change  in  the  -  1682 
agreed  to,  and  the  committee  diacharged 
from  ita  further  consideratien         -        -  1684 
NaTigation,  a  bill  from  the  Senate  concerning, 

read  twice JJil 

read  a  third  time,  and  paaaed     -        -        -  1780 
Navy,  a  bill  making  appropriation!  for  the  iup- 

JK)rt  of  the,  twice  read    -     •  -        -      ^  -    898 
ered  to  a  third  reading  -        -        -        -    982 
read  a  third  time,  and  passed     -        -        -  1007 
Navy  Hospitals,  on  motion  of  Mr.  Bassett,  the 
Secretarj  of  the  Navy  was  directed  to  re- 
poit  what  bad  been  done  on  the  subject  of   496 
a  report  in  obedience  thereto     .        -        -    798 
Nafj  Pension  Fund,  annual  report  of  the  Com- 
missioners of  the 798 

Mr.  Tallmadge  submitted  a  resolution  con- 
cerning the 16^* 

agreed  to,  and  referred  to  the  Secretary  of 

the  Navy 16^ 

Na^  Snrgeons,  the  Naval  Committee  discharged 

from  considering  the  petition  of  the*       -  1764 
Nelson,  Hugh,  of  Virginia,  speech  of,  on  the 

Amelia  Island  affair        -        -        -        -    410 
remarks  of,  on  the  Internal  Improvement 

resolution 1137 

on  the  bill  concerning  the  district  conrta  of 

New  York 1183 

speech  of.  on  the  Spanish  American  prov- 
*inces    .......  1696 

in  reply  to  Mr.  Clay  -        -        -        -  1646 

remarks  o^  on  a  motion  to  rescind  the  reso- 
lution fixing  th#  day  of  adjournment     •  1770 
Nelson,  Thomas  M.,  of  Virginia,  appeared  and 

was  qualified 899 

remarks  of,  on  the  examination  of  Colonel 

Wateon 780 

on  Mr.  Clay's  amendment  to  the  Neutrality 

bUl        - 1482 

Nesbett,  Wilson,  of  South  Carolina,  appeared 

and  was  qualified 399 

Netherlands,  a  Message  from  the  President  con- 
cerning our  relations  with  the        •        -  1448 
Neutral  Relations,  Mr.  Miller  submittad  a  reso- 
lution of  inquiry  into  the  laws  concerning 

our 619 

laid  on  the  table        -        -        -        -        -    622 
(See   Certain  Crimea  against  the  United 
States,  in  which  bill  the  subject  is  em- 
braced.) 
New  Madrid,  a  bill  from  the  Senate  limiting  the 
time  for  claims  to  land  granted  to  the  in- 
habitanU  of,  read  twice  -        -        -        -  1662 
read  the  third  time,  and  passed  -        -        -  1667 
New  Orleans,  Mr.  Robertson  presented  a  me- 
morial of  the  citizens  of,  dec,  referred    -    641 
a  bill  from  the  Senate  respecting  ceitain  lota 

in  the  city  of 1691 

read  twice,  and  referred  -        -        -        -  1696. 
reported  without  amendment     -        -        -  1714 
read  a  third  time,  and  passed    ...  1778 
Newton,  Mr.,  of  Virginia,  remarks  of,  on  the 
Ull  to  remit  certain  duties  to  the  Penn- 
sylvania hospital    -        -        -        -        -    612 
announcing  the. death  of  Mr.  Goodwyn      -  1006 


New  York,  a  bill  to  alter  the  time  for  holding 
the  circuit  court  in  the  southern  district 

of,  read  twice 1112 

read  a  third  time,  and  passed    ;        *        -  H^ 
returned   from   Uie   Senate  with   amend- 
menta,  and  referred        .        -       -         .  1489 

agreement  reported 16*7 

(See  District  Courts  of) 
New  York  State  Company,  adverse  report  on 

the  petition  of,  concurred  in   -       -        -  1861 
Niagara  Frontier,  a  bill  for  relief  of  sufifeitrs  on 

the*  read  twice,  and  referred  .        -        -  1687 
reported  with  amendmenta        ...  1898 
the  third  reading  negatived      -        -        -  1899 
Noah,  M.  M.,  on  motion  of  Mr.  Talhnadge,  the 
Secretary  of  State  was  directed  to  com- 
municate a  copy  of  the  accounta  o^  as 

Consul  at  Tunis 482 

letter  from  the  Secretary  of  State  in  reply    486 
Notaries  Public,  in  Washington,  a  bill  from  the 

Senate  to  regulate  the  fees  of,  read  twice  1688 
ordered  to  a  third  reading  -       .        -        -  1868 

O. 
Office  of  Claims,  Mr.  Johnson  submitted  a  reM>- 

lution  of  inquiry  concerning  the     -        -    895 

amended  and  referred  to  Secretary  of  War       888 

Ofiicen  wounded  in  the  late  war,  Mr.  ComstodL 

Mbmitted  a  resolution  to  provide  for  pla- 

dng»  on  the  pension  list  •        ...    587 

considered  and  rejected     -        -        -        -    888 

Official  conduct  of  Clerks,  Mr.  Holmes  submit- 
ted a  resolution  for  a  committee  to  in- 
quire into  the        -        - '      -        -        -    788 
agreed  to,  and  a  committee  appointed        -    788 
Colonel  Watson's  letter  referred  to  said 
committee     ------     791 

report  of  said  committee  -        -        -        -  1649 

Ogden,  David  A.,  of  PJew  York,  appeared  and 

was  qualified         -----     591 

Ogle,  Alexander,  of  Pennsylvania,  appeared  and 

was  qualified 494 

remarks  of,  on  the  Compensation  bill         •    574| 

676,589 
on  a  resolution  to  grant  medals,  dec  -        -  1669 
CHiggins,  Bernardo,  letters  from,  fo  the  Presi- 
dent of  the  United  States        -        -        -  1880 
Ohio,  rwort  of  the  committee  on  the  contested 

election  of  members  from        -        -        -    543 
the  Speaker  presented  a  petition  of  the  Le- 
gislature of,  for  a  certain  road,  referred   -  1112 
a  Mil  from  the  Senate  to  vest  in  trust  in  the 
Legislature  of,  certain  sections  of  land, 
rfad  twice,  and  referred         .        -        -  1400 
reported  without  amendment      -        -        •  1447 
ordered  to  lie  on  the  table  -        -        -  1769 

Onis,  Chevalier  Don  Luis  de,  correspondence  of^ 
with  the  Secretary  of  State  on  the  case 

of  Mr.  Meade 1884 

on  the  blockades  declared  by  Spain   -        -  1841 
on  the  occupation  of  Amelia  Island    -        -  1908 
on  the  imprisonment  of  American  citizens  1968 
Organisation  of  the  Courta  of  the  United  States, 
a  bill  for  the  more  convenient,  read  twice, 
and  committed      -        -        -        -        -    986 
Orphans  and  Widows  of  persons  slain  in  the 
public  and  private  armed  vessels  of  the 
United  States,  a  bill  from  the  Senate  in 
addition  to  the  act  giving  pensions  to     -    861 


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Ixxvii 


INDEX. 


Izxvii 


Bintie  Proceedings  and  Debates. 


Oilcans  and  Widowi — continued, 
read  twice,  and  referred    - 
reported  without  amendment 
ordered  to  a  third  reading  - 
read  a  third  time,  and  paieed 


Page. 

-  855 
.  878 

-  1721 

-  1724 


Orr,  Mr.,  remarks  of,  on  the  bill  concerning  ReT- 

olutionarj  survivors       -        -        -        -    492 
Orr,  Jamea,  a  bill  for  the  relief  of,  read  twi^e,  and 

committed 1660 

Osgood,  Lemuel  H.,  a  bill  from  the  Senate  for 

the  relief  of 1667 

read  twice,  and  refened     .        -        -        -  1672 
reported  without  amendment,  and  ordered 

to  a  third  reading 1681 

read  a  third  time,  and  passed    ...  1687 


Page,  Joseph  W.,  report  of  the  Secretary  of  War 

on  the  petition  of 894 

Paper,  Mr.  Mason,  of  Massachusetts,  presented  a 

petition  of  the  manufacturem  of,  referred    565 
Mr.  Gage  also  presented  a  similar  petition 
from  the  same  State       ....    737 

Paper  Hangings,  an  adverse  report  on  the  peti- 
tion of  the  manufacturers  of  ...  1687 
Parker,  Daniel,  Mr.  T.  M.  Nelson  presented  the 

memorial  of,  laid  on  the  table        -        -  1674 
Parliament  of  Great  Britain,  Mr.  Smith,  of  Ma- 
ryland, laid  on  the  Clerk's  table  two  acts 
of  the,  in  relation  to  colonial  trade    1676, 1723 
Parris,  Mr.,  of  Massachusetts,  remarks  of,  on  the 

bill  for  repairing  the  public  buildings      -    590 
remarks  of,  on  the  resolution  respecting  the 

official  conduct  of  clerks         ...    984 
a  letter  from,  giving  notice  of  his  resignation    850 
Passenger  Ships  and  Vessels,  a  bill  regulating, 

read  twice,  and  committed     ...  1222 
Patterson,  J.,  an  adverse  report  on  the  petition  of, 

concurred  in  -        -        -        -        -        -    817 

Paulding  John,  on  motion  of  Mr.  Tallmadge,  the 
Committee  on  Pensions,  dtc,  were  in- 
structed to  inquire  into  the  expediency  of 
continuing  for  five  years  the  pension  to 
the  widow  and  children  of     -        -        -  1138 
Mr.  Wilkin  laid  on  the  table  a  resolution  on 
the  subject  of        .....  1780 

Pay  of  Members,  on  motion  of  Mr.  Holmes,  a 
committee  was  appointed  to  inquire  into 
,    the  expediency  of  providing  for  the  •    475 

Paxos,  Yincente,  the  Speaker  presented  the  me- 
morial of,  read       .....  1251 

Mr.  Forsyth*s  motion  not  to  receive  said 
memorial  prevailed         ....  1268 

the  Speaker  presented  a  petition  of,  for  com- 
pensation, ^cc,  referred  ....  1666 

Pearl  River,  on  motion  of  Mr.  Poindexter,  the 
Committee  on  Roads  and  Canals  were 
instructed  to  inquire  into  the  expediency 
of  appropriating  a  sum  of  money  to  im- 
prove the  navigation  of  -        -        -        -  1381 

Ptarson,  George,  a  bill  for  relief  of,  read  twice  -    782 
ordered  to  a  third  reading  ....  1662 

read  a  third  time,  and  passed     ...  1667 
Pennsylvania,  a  bill  from  the  Senate  to  divide 
the  State  of,  into  two  judicial  districts, 
read  twice,  and  referred  ...     847 

reported  without  amendment     -       -        -    981 
read  a  third  time,  and  passed     .*      .        .  1778 
Pennsylvania  Hospital,  Mr.  Sergeant  presented 

the  petition  of  the,  referred     ...    405 


Pennsylvania  Hospital — continued.  Page* 

a  bill  to  remit  the  duties  on  a  painting  pre- 
sented to  the,  read  twice        ...    42d 
read  a  third  time,  and  passed     -        -        -    518 

Pennsylvania  Line  of  the  Revolution,  Mr.  Hop- 

kinson  presented  the  petition  of  the        -    494 

Pension  Agent,  on  motion  of  Mr.  Claiborne,  the    - 
Committee  of  Pensions  and  Revolutidn- 
ary  Claims  were  instructed  to  inqube  into 
the  expediency  of  establishing ,  a,  within 
the  district  of  West  Tennessee       -        -    418 

Pensions  and  Revolutionary  Claims,  appoint- 
ment of  the  standing  committee  of       -    490 

Pensions  to  Invalids,  on  motion  of  Mr.  T.  M. 
Nelson,  the  two  Committees  on  Military 
and  Naval  Affairs  were  instructed  to 
inquire  into  the  expediency  of  amending 
the  laws  relating  to        -        -        -        -  1072 

Pensioners,  Mr.  Taylor  submitted  a  resolution 
calling  on  the  Secretary  of  War  for  a  list 

of,  &c. 486 

report  of  the  Secretary  in  reply  ...    541 

Perry,  Martha,  Mr.  Harrison  presented  the  peti- 
tion of,  referred      .....    565 

Perry,  Oliver  H.,  on  motion  of  Mr.  Johnson,  of 
Virginia,  the  Secretary  of  the  Navy  was 
directed  to  report  to  the  House  the  pro- 
ceedings of  the  court  martial  on      -        -    808 
letter  from  the  Secretary  complying  with  the 

order -    832 

referred  to  the  Naval  Committee        -        -  1028 
report  of  said  committee    ....  1861 

Perry,  Meifry.    (See  JohniOHf  John,) 

Persons  of  Color,  Mr.  Mercer  presented  the  peti- 
tion of  a  Society  of  Friends,  concerning  -    488 

Persons  who  have  received  Public  Moneyi*  and 
failed  to  account  for  the  same,  report  of 
the  Secretary  of  War,  with  the  names  o( 
in  obedience  to  a  resolution    ...  1072 

Persons  disabled  by  known  Wounds,  dtc,  report 

of  the  SecreUry  of  War,  of    -        -        -  1283 

Petit,  Peter.    (See  Cavalier^  Anthony,) 

Philadelphia  Bible  Society,  Mr.  Sergeant  pre- 
sented the  petition  of  the,  referred  -        -    499 

Piano  Forte  Makers,  adverse  report  on  the  peti- 
tion of  the,  concurred  in        •        -        •  1661 

Piatt,  John  H.,  Mr.Johnson,  of  Kentucky,  pre- 
sented the  petition  of,  referred        -        -  1052 
committee  discharged     ....  1764 

Pilsipher,  Oliver,  on  motion  of  Mr.  Hubbard,  the 
Committee  on  Pensions,  Ac,  were  in- 
structed to  inquire  into  the  expediency  of 
placing  the  name  of,  on  the  pension  list  -  1018 

Pindall,  Mr.  speech  of,  on  the  case  of  John  An- 
derson   671 

remarks  of,  on  the  resolution  to  inquire  into 

the  official  conduct  of  clerks  ...  785 
speech  of,  on  the  Fugitive  Slave  bill  -  827,  884 
on  the  Bankrupt  bill  ....    918 

on  the  bill  relating  to  expatriation     -        -  1045 
remarks  of,  on  the  motion  not  to  receive  the 

Paxos  memorial  -  •  -  -  -  1255 
speech  of,  on  internal  improvement   -        -  1840 

Pinkney,  William,  correspondence,  of,  with  the 

SecreUry  of  State 1848 

with  the  Marquis  di  Circello      -        •        •  1868 
with  the  Duke  of  Serra  Capriole         -        -  1866 

Piratical  Establbhments,  report  of  the  Commit* 
tee  of  Foreign  Relations  on  the  subject  of, 
accompanied  with  sundry  documenta     -  1785 


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lux 


SMtse  Proceedings  and  /MoIm. 


Piratical  EsJablishmenta^ continued.  Page, 

a  Message  fVom  the  President  announcing 

the  suppression  of,         -        -        -        -  1801 
letters  from  Army  and  Xavy  officers,  detail- 
ing their  operations  against    ...  1803 
JPitkin,  Mr.,  remarks  of,  on  the  bill  to  abolidi  in- 
ternal duties it9,  442 

on  the  Oompensation  bill  ...        -    679 
on  the  case  of  John  Anderson    *        .    661,  673 
on  the  imprisonment  of  R.  W.  Meade         -    848 
<m  the  motion  not  to  receive  the  Pazos  me- 
morial   W68 

on  the  Delaware  and  Chesapeake  Canal  bill  1394, 

1397 
Pitkin's  Commercial  Statistics,  a  bill  from  the 

Senate  for  the  purchase  of  -  -  •  1738 
read  twice,  and  referred  -  -  -  -  1739 
nported  without  amendment  ...  1743 
ordered  to  a  third  reading  ....  1704 
read  the  thhrd  time,  and  passed  ...  1776 
ntarro,  Don  Jose,  correspondence  of,  with  Mr. 

Erring,  on  the  Meade  case    ...  1823 
Pleasants^  Mr.,  remarks  of,  on  the  resolution  re^ 

lating  to  naval  discipline        ...    807 

Poidevin,  Madame,  a  bill  for  relief  of,  twice  read    897 

ordered  to  a  third  raading  ....  1766 

road  the  third  time,  and  passed  ...  1769 

Poindezter,  George,  of  Mississippi,  appeared  and 

was  qualified 446 

remarks  of,  on  the  Compensation  bill  -    077 

speech  of,  in  the  case  of  John  Anderson  -  663 
remarks  of,  on  the  report  on  the  RiclynoDd 

church  petition 834 

on  the  office  of  claims  ....  896 
on  the  resolution  for  adjournment  -  •  987 
f^ech  of,  oh  the  motion  not  to  receive  the 

Phzos  memorial 1264 

on  the  Spanish  American  Provinces  -  1620 
remarks  ot,  on  the  resolution  to  present  a 

sword  to  Colonel  R.  M.  Johnson    -        -  1666 
on  the  resolution  to  present  medals  to  cer- 
tain officers   1670 

Foinsett,  Joel  R.,  report  o(  to  the  Secretary  of 

State,  on  South  America        ...  2260 
Poiiey,  M.,  Aid-de-Camp  to  Lafayette,  a  bill 
making  provision  for  the  9launs  of,  read 

.  twice,  Ac. 1604 

JE^ool,  Benjamin,  a  bill  for  relief  of,  read  twice,  dec.  1013 
Pope,  Nathaniel,  delegate  from  Illinois,  was  qual- 
ified       408 

remarks  oU  on  the  bill  to  admit  Illinois  into 

the  Union 1678 

Porter,  Brigadier  General  Moses,  report  of  the 

Secretary  of  War  on  the  petition  of        -    894 
a  bill  for  relief  oU  read  twice               -        -  1401 
read  the  third  time,  and  passed  ...  1406 
returned  from  the  Senate  with  an  amend- 
ment      1691 

read,  «nd  concurred  in       -        -        -        -  1696 

Postmaater  General,  Mr.  Johnson,  of  Kentucky, 
moved  a  resolution  to  increaae  the  salary 
of  the,  referred 643 

a  bill  to  increMe  the  salary  of  the,  read 

twice,  dec 1392 

Figt  Offices  and  Post  Roads,  appointment  of  the 

standing  committee  on  -        •        -        •    400 

on  motion  of  Mr.  Ingham,  the  said  com- 
mittee were  instructed  concerning  a  road 
from  Fort  Montgomeiy,  dec*  -      .-418 


418 


431 


-     439 


462 


Post  Offices,  dbc. — continued.  Page, 

on  motion  of  Mr.' Allen,  similar  inftmtitions 
were  given  respecting  a  road  from  Bur- 
lington ...... 

on  motion  of  Mr.  Simpson,  similar  inatnic- 
tions  were  given  respecting  a  road  from 
Bridgewater  to  Plymouth  ... 
on  motion  of  Mr.  Barber,  of  Ohio,  similar 
instructions  were  given  respecting  a  road 
from  Marietta  to  Lancaster  - 
on  motion  of  Mr.  Williams,  of  North  Caro- 
lina, similar  instructions  were  given  re- 
specting a  road  fit>m  Norfolk  to  Ten- 
nessee - 

Post  Roads,  a  bill  to  alter  and  establish  certain, 

read  twice 1674 

ordered  to  a  third  reading  ....  1767 

read  the  third  time,  and  passed  ...  1769 
returned  from  the  Senate  with  amendmeots, 
and  concurred  in   -        -        -        -        -  1782 

Prairie  du  Chien,  a  bill  for  relief  of  the  inkahi- 
tants  of,  read  twice,  &c         ... 
Preble,  Commodore  Edward,  and  officers  mmd 
crew  of  the  brig  Syren,  a  bill  authoiiziiig 
die  distribution  of  a  sum  of  money  among 
the  representatives  of,  read  twice,  and  re- 
ferred   ....... 

Preemption,  Mr.  Poindexter  presented  the  peti- 
tion of  the  Legislature  of  Mississippi  re- 
specting the  right  o^  referred 
Prke  of  Public  Lands,  on  motion  of  Mr.  McCoj, 
the  Committee  on  Public  Lands  were  in- 
structed to  inquire  into  the  expediency  of 
increasing  the  -  •  -  '  - 
report  of  said  committee  that  it  is  inexpe- 
dient      

Prince,  James»  adverse  report  on  the  petitkMi  a4 
concurred  in         ..... 
Prisoners  of  War,  letter  from  the  Secretary  of 
the  Treasuiy  with  a  atatemeiKt  reapeetimg 
the  fund  appropriated  lor        -        -       - 
Prisona  of  Santa  Fe,  on  motion  of  Mr.  Fleyd^  m 
committee  was  appointed  to  reqneet  of 
the  Preeideot  any  information  in  hia  po»- 
session  relative  to  the  conAnement  of  cer- 
tain persona  in  the         .... 
Private  Land  Claims,  appointment  of  Uie  akand- 

ing  committee  on  • 
Privateer  General  Armatrong,  report  on  the  pe- 
tition of  the  officers  and  crew  of  the 
Property  Act,  the  Comffiktee  of  Claims  reported 
Uie  inexpediency  of  continuing  the  office 

created  under  the 1S60 

Public  Accounts,  letter  from  the  Secretary  of  the 
Treasury  on  the  subject  of  the 
mentof         .... 
Public  Buildings,  appointment  of  a  aelei 

mittee  on  the 

a  bill  making  further  provision  for  rsfNur^ 

iBg,  dcc^  lead  twice        .... 

ordered  to  a  third  reading         ... 

read  the  third  time,  and  passed  ... 

returned  from  the  Senate  with  imiendmentB, 

the  first  of  which  waa  disagreed  to,  and 

the  rest  concurred  in      -        - 

a  bill  making  appropriations  for,  read  twice  1180 

Public  Debt,  a  hill  making  appropriations  for  fa- 

demption  of  the,  read  twice    ...  im 
analysis  of  the 2319 


1019 


1072 


1647 


494 
ft42 


613 


422 


400 

2480 


2347 
406 

6C6 

591 
593 


-  1787 


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INDEX. 


Imn 


HouH  Ptoceedbfigs  and  Debates. 


Page. 

Public  Dotmneots,  a  reiolQtioti  from  the  Senate 
apthorizing  the  distribation  of  certain, 
read  three  times,  and  passed  .        -        .    476 

Public  Expenditures,  appointment  of  the  stand- 
ing committee  on 400 

Ptblic  Lands,  appointment  of  the  standing  com- 
mittee on 400 

Pnblic  Money,  a  bill  to  authorize  the  recovery  of, 

read  twice 1746 

ordered  to  a  third  reading  -        -        -        -  1746 
read  the  third  time,  and  ordered  to  He  on 
the  Uble 1766 

Pueyerredon,  J.  M.  de,  letters  from,  to  the  Presi- 
dent of  the  United  SUtes       -        -        -1878 

Fttichasers  of  Public  Lands,  letter  from  the  Sec- 
retaiy  of  the  Treasury  on  the  subject  of 
indulgence  to 2845 

Q- 

Queries,  Mr.,  speech  of,  on  the  ca^  of  John  An- 
derson   678 

Quartermasters  and  Paymasters'  Accounts,  on 
motion  of  Mr.  Storrs,  the  Secretary  of 
War  was  directed  to  report  a  statement 
of  balances  due  on  ....  355 
a  letter  from  the  Secretary  with  the  state- 
ment called  for 1283 

Quorum,  interchange  of  messages  respecting  a  -    909 

Raisin,  on  motion  of  Mr.  Harrison,  the  petition 
of  sundry  inhabitants  on  the  river,  was 
referred  to  a  select  commrittee         -        -    422 
rvport  of  tile  Secretary  of  State  on  the  sub- 
ject of  -        -        -        -        -        -        -    477 

Ramsay,  Robert.    (See  Ckeney,  Samuel.) 
Rtngers,  a  bill  for  the  relief  of  a  company  of, 

read  twice,  and  referred  ...    866 

reported  without  amendment     ...    878 
ordered  to  a  third  reading        .        .       •  1716 
read  the  third  time,  and  passed        -        -  1719 
Reeeipts  into  the  Treasury,  on  motion  of  Mr.  Her- 
bert, the  Secretaiy  of  the  Treasury  was 
directed  to  report  the  amount  of,  annuaOy    490 
letter  from  the  Secretary  in  reply       -        -    518 
Redemption  of  Lands  sold  for  direct  Taxes,  Mr. 
Livermore  submitted  a  resolution  of  in- 
quiry concerning  the     -        -        -        -     691 

amended,  and  referred  to  the  CoramHtee  on 

Publie  Lands 692 

Reed,  Mr.,  remarks  of,  on  a  resolution  respecting 

the  Peace  Establishment        -        •        •  1767 
Reed,  Captain  Samuel  C    (See  Genered  Arm* 

strong,  Br^,) 
Refined  Sugar  exported,  on  motion  of  Mr.  Ser- 
geant, the  Committee  of  Ways  and  Means 
were  instructed  to  inquire  into  the  expe- 
diency of  allowing  drawback  on     -        -    646 
a  frivontble  report  thereon,  ordered  to  be 

printed 1446 

Registers  and  Receivers,  on  motion  of  Mr.  Bar- 
ber, of  Ohio,  the  Committee  on  Public 
Lands  were  faistructed  to  inquire  into  the 
expediency  of  increasing  the  salaries  of 
the,  at  Marietta  -  '  -  •  -  -  799 
on  motion  of  Mr.  Robertson,  of  Loufaiana, 
the  Secretary  of  the  Treasunr  wu  direct- 
ed to  report  a  statement  of  4k»  salaries  of 
the  respective 816 


Registers  and  Receivers— continued.  Page, 

report  of  the  Secretary  in  reply  -    841 

on  motion  of  the  same  gentleman,  the  Com- 
mittee of  Ways  and  Means  were  instruct- 
ed to  inquire  into  the  expediency  of 
amending  the  laws  in  relation  to  the  sal- 
aries and  emoluments  of  •  -  -  894 
a  bill  for  changing  the  compensation  of,  read 

twice 1180 

ordered  toalhird  reading        ...  1266 
read  the  third  time,  and  passed        -        -  1769 
Regulating  the  number  of  Passengers,  on  mo- 
tion of  Mr.  Forsyth,  the  Committee  on 
Commerce  and  Manufactures  were  in- 
structed  to  inquire  into  the  expediency 
of,  to  be  brought  into  the  United  Slates 
according  to  tonnage     ....    816 
Renner,  Daniel,  and  Nathaniel  H.  Heath,  a  bill 

for  relief  of,  read  twice  ....  1392 
Repairing  certain  roads,  a  biU  from  the  Senate 
in  addition  to  the  act  making  appropriar 
tions  for,  read  twice,  and  referred  -        -    799 
reported  without  amendment    -        «       *    816 
ordered  to  a  third  reading        ...  1400 
Reports  of  the  Cemmittae  on  Conferee  aad 
MamifiMturee,  on  motien  ef  Mr.  Drake, 
the  Clerk  was  dineted  to  ftmirii  each  of 
the  members  with  a  printed  copy  of  ear- 
tain      916 

Repreientaitiye  QuaMoatlMis,  Mr.  Ponyth  sub- 
mitted a  resohition  instructing  the  Ckm- 
mittee  of  Elections  to  inquire  eenoemiug  422 
considered,  and  agreed  to  .  .  ^  428 
a  resolution  reported  by  ssid  eomnlttee  was 
miof^,  requesting  the  Piesideiit  te  eaiiaa 
to  be  furnished  a  list  of  the  members  of 
CoBfreas  who  have  held  office  under  the 
United  States  sfaice  the  4th  of  Mtreh 

last 444 

a  Mesaage  from  the  President,  with  the  tik* 
formation  asked  for        -        -        -        -    516 
Revenue,  statement  of  the,  ftt>m  all  sources      •  2817 
Revisal  and  Unfinished  Business,  appointment 

of  the  standing  committee  on         -        *    400 
Revision  of  the  Revenue  Laws,  Mr.  Crawford's 

report  on  the         .....  S823 
Revolutionary  Army,  a  bill  concerning  certam 

officers  and  soldiers  of  the,  read  twice  -  446 
ordered  to  a  third  reading-  ...  508 
read  the  third  time,  and  passed  -  •512 
returned  from  the  Senate  with  amendments, 

and  referred 1068 

agreement  reported,  with  an  amendment  -  1108 
report  of  the  committee  ftirther  amended, 

and  bill  sent  back  for  concurrence        -  1110 
Mr.  Smith,  of  North  Carolina,  submitted  a 
resolution  to  print  and  distribute  the  said 

act,  read  twice 1568 

read  the  third  time,  and  passed  •  -  1605 
Mr.  Holmes,  of  Massachusetts,  sulMttltted  m 
resolution  instructing  the  Military  Oem- 
aittee  to  inquire  into  the  expediency  of 
preriding  for  such  ofikers  and  soldiers,  as 
well  miKtia  as  regulars,  of  the,  as  may 
net  be  embraced  in  the  act  just  passed, 
which,  being  considered,  was  not  agreed 

to 1698 

Rhea,  Mr.,  remarks  of,  on  hiereeolution  cmieem- 

ing  Amelia  Islund       ...     410,415 


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Hcmt  ProcetdmgM  and  Debaim. 


Rh««,  Mr^  remarki  oP— continoed.  Page, 

on  hii  reflation  concerning   certificatee 

and  indents  -  •  -  -  -  -  463 
•peech  of,  in  the  case  of  John  Anderson  -  704 
on  Mr.  Spencer's  resotations  in  that  case  -  785 
remarks  o(  on  the  Fugitive  Slave  bill  834,  838 
speech  of,  on  the  right  of  expatriation  -  1091 
on  the  motion  not  to  receive  the  Paios  me- 
morial   1217 

remarks  of,  on  the  resolution  to  present  cer- 
tain medals 1671 

Rheam%  Tobias,  a  bill  confirming  the  claim  of, 

to  certain  land,  read  twice  ...  666 
ordered  to  a  third  reading  ...  1461 
read  the  third  time,  and  passed  -  -  1462 
retnmed  from  the  Senate  with  amandments  1667 
read,  and  ooncnrred  in  •  -  •  -  1673 
Rice,  Thomas,  of  Massachusetts,  appeared,  and 

was  qualified 798 

lUth,  Mr.,  remarks  o(  on  the  case  of  Anderson    668 
speech  of,  on  Mr.  Rhea's  amendment  to  Mr. 

Spencer's  resolutions  ....  773 
remarks  of;  on  the  resolution  concerning  the 

clerks -    786 

Road,  on  motion  of  Mr.  Herrick*  the  Committee 
on  Roads  and  Canals  were  instnicted  to 
inquire  into  the  expediency  of  authorising 

a  certain 816 

Reads,  on  motion  of  Mr.  Tucker,  of  Virginia,  a 
committee  was  appointed  to  request  of 
the  President  of  the  United  States  infor- 
mation as  to  what,  have  been  made  *  417 
a  message,  with  the  report  of  the  Secretary 
of  War  in  reply  -  -  -  -  -  814 
Robbins,  Brintnell,  report  of  the  Secretary  of 

War  on  the  petition  of  -        ...  1381 
Robertjon,  Mr«,  of  Lortsinia,  speech  of,  on  sub- 
mitting a  resolution  respecting  the  South 
American  provinces        ...   406, 1626 
remarks  of,  on  the  resolution  respecting 

Amelia  Island        .....    413 
speech  of,  on  his  motion  concerning  expatri- 
ation      448 

remarks  of,  on  ofiering  an  amendment  to 

the  CommuUtion  bill  -  -  •  632, 810 
speech  of,  in  the  case  of  Anderson  -  -  629 
on  his  bill  concerning  expatriation  -  -  1029 
on  the  memorial  of  Yincente  Pazos  -  -  1360 
remarks  of,  on  bill  to  punish  certain  crimes  1408 
speech  o^  on  Mr.  Clay's  motion  to  amend 

the  same 1410 

Robinson,  Paul,  an  adverse  report  on  the  peti- 
tion oft  concurred  in      -        -        -        -    863 
Rock  Creek  Church,  a  bill  to  authorise  the  sale 

of  a  part  of  the  glebe  of,  read  twice         -  1691 
Rodgers,  Commodore  John,  a  bill  for  relief  o( 

twice  read     ---.-.    793 
ordered  to  a  third  reading  -        ...  1667 
read  the  third  time,  and' passed  ...  1673 
Rodney,  C«sar  A.,  report  of,  to  the  Secretary  of 

Stot^  on  South  America        ...  1967 
appendix  to  the  report  of  -        -        -     .  .  1996 
Rogers,  Thomas  J^  the  Speaker  presented  a  let- 
ter from  the  Governor  of  Pennsylvania, 
enclosing  the  return  of  the  election  of,  as 
a  Representative  from  that  State,  vice 
John  Koss,  resigned,  referred  to  the  Com- 
mittee of  Elections        ....  1461 
appeared,  and  was  qualified       ...  1466 


Page. 

Ross,  John,  of  Pennsylvania,  appeared,  «nd  was 

qualified -    446 

remarks  of,  on  the  bill  concerning  the  effect 

of  certain  records,  dec    ....    6M 
on  the  resolution  concerning  clerks    -        -    786 
notice  of  the  resignation  of       -       •        -  14il 
Rules,  Regulations,  dec.,  for  the  Naval  Service, 
a  Message  from  the  President  of  the  Uni- 
ted States,  transmitting  the  report  of  the 
Navy  Commissioners  on  the  -       -        -  1780 

a 

Salaries,  a  bill  from  the  Senate  to  increase  the, 
of  certain  officers  of  the  Government,  read 
twice,  and  referred        ....  1604 
reported,  with  amendments        ...  1647 
read  the  third  time,  and  passed  as  amended  1778 
the  Senate  disagreed  to  the  amendment,  and 

the  House  insisted         ....  1777 
the  Senate  receded  from  disagreement  to 
one,  and  insisted  on  the  other  amendment, 
and  the  House  also  insisted    ...  1779 
a  message  from  the  Senate,  that  tbey  have 
postponed  the  subject  indeftniielj  •        -  1780 
Sales  of  certain  Lands,  a  bill  to  suspend  the,  read 

twice 1764 

read  the  third  time,  and  passed  -  •  1700 
Salines,  on  motion  of  Mr.  Scott,  the  Committee 
on  Public  Lands  were  instructed  to  in- 
quire into  the  expediency  of  leasing  the  401 
Samuel,  William,  on  motion  of  Mr.  HeadHeks, 
the  Committee  on  Pensions,  dtc,  were 
instructed  to  inquire  into  the  expediency 
of  placing  the  name  o^  on  the  list  of  pen* 

sioners-i -    431 

Sanderson,  Moses,  Mr.  Strong  ptesented  the  pe- 
tition of,  referred    .....    0I8 
Sanda,  Lucretia.    (See  Stqiheru,  Ebauxer^and 

otheri.) 
Sawyer,  Mr.,  of  North  Carolina,  remarks  oC  on 

Uie  Commutation  bill    ....    468 
on  the  report  on  Internal  Improrement  11 14, 1111 
speech  of,  on  the  resolution  on  same  subject  1868 
8chen<^  Peter  A.    (See  OeUon,  David.) 
Scioto  Salt  Works,  on  motion  of  Mr.  Harriaon, 
-the  Committee  on  Public  Lands  were  in* 
structed  to  inquire  into  the  expediemqr'of 
selling  certain  lands  heretofore  granted, 
but  no  longer  usefiil  to  the    -        -        -    791 
Scott,  John,  delegate  fr^m  Missouri,  was  quali- 
fied, and  took  his  seat    -        -        -        -    406 
Seamen,  on  motion  of  Mr.  Pleasants,  the  Secre- 
tary of  the  Treaaury  was  directed  to  re- 
port at  next  session  the  filaoea  at  whidi 
provision  has  been  deposited  for  the  ac- 
commodation of,  dec      ....  1704 
Secret  Journals  of  the  Old  Congress,  <m  motien 
of  Mr.  Mercer,  a  commiOee  was  appointed 
to  inquire  into  the  expediency  of  printing    579 
Secretary  of  the  Senate  and  Clerk  of  the  Hooee 
of  Representatives,  a  bill  fixing  the  com- 
pensation of  the,  read    -        -        -        -    807 
read  a  second  time,  and  ordered  to  a  third 

reading 96i 

read  the  third  time,  and  passed  •        -        -OSS 
returned  from  the  Senate  with  amendmenta, 

and  referred  -•....  iil9 
agreement  reported  .  .  .^  .  .  iJ03 
read,  and  concurred  in       -       -        -        .  IT06 


Digitized  by 


Google 


hxxv 


INDEX. 

Bim9e  Proceeding9  and  DebateB, 


Ixnvi 


Page. 
SecreUry  of  War,  letters  from  the  acting,  to  Ma- 
jor Bankhead,  on  the  subject  of  Amelia 
Island    -        •        .        .        .        . 
Sellers,  Juliet,  Eliza,  Sec    (See  Johnaon,  Hick- 
man,) 
Seminole  Wtr,  Mr.  Cobb  presented  a  resolution 
to  increase  the  pay  of  the  militia  engaged 

in  the 

agreed  to,  and  referred  to  the  Military  Com- 
mittee    

•  (See  Militia,) 
Sergeant,  John,  of  Pennsylvania,  appeared,  and 

was  qualified 

speech  o^  on  the  repeal  of  internal  duties  ' 
on  the  Commutation  bill- 
on the  motion  to  appoint  a  Committee  of 

Privileges 601 

remarks  of,  on  the  bill  for  the  remission  of 


1806 


1672 
1678 


890 
486 
475 


881 
880 
887 
986 
1268 
1898 

1716 

700 


certain  duties 
on  the  Fugitive  Slave  bill  .... 
on  the  case  of  Richard  W.  Meade      - 
speech  of,  on  the  Bankrupt  bill- 
on the  Pazos  memorial      .... 
on  the  Delaware  and  Chesapeake  canal     - 
on  Mr.  Trimble's  resolution  in  the  case  of 

R.  W.Meade 

Settle,  Mr.  of  North  Carolina,  speech  of,  in  the 
case  of  Anderson  -        •        :        «        . 
Settlers  on  Public  Lands,  on  motion  of  Mr.  Scott, 
the  Committee  of  Public  Lands  were  in- 
structed to  inquire  into  the  expediency  of 
amending  the  act  relating  to  - 
a  bill  to  continue  in  foroe  the  act  relating  to, 
read  twice     ----.. 
ordered  to  a  third  reading  -        -        ... 
read  the  third  time,  and  passed  -        •        . 
Sevier,  George  W.,  Mr.  Claiborne  pre^nted  the 
petition  of,  referred         .... 
Seyberfs  SutUtical  Annals,  a  biU  firom  the  Sen- 
ate authorizing  subecription  to       -        - 
read  twice,  and  referred    «... 
reported  without  amendment     •        .        • 
ordered  to  a  third  reading  -        .        .        . 
read  the  third  time,  and  passed  -        .        . 
Seybold  John.    (See  Essary,  Jonathan  D,\ 
Shaw,  Basil,  adverse  report  on  the  petition  o^ 

concurred  in  - 
Shields,  Thomas,  Mr.  Robertson  of  Louisiana  pre- 
sented the  petition  of,  referred 
Shieldsborough,  on  motion  of  Mr.  Poindezter, 
the  Committee  of  Commerce,  dec.,  were 
instructed  to  inquire  into  the  expediency 
of  making,  a  port  of  entry      -        .        . 
Shover,  George.  (QeeSoidienwhoUfttheiervice,) 
Sicilian  Sumac,  a  motion  to  exempt,  from  duty 
Sicily,  papers  relative  to  the  claims  of  our  mer- 

^  chants  agrinst  the  Government  of  - 
Simkins,  Eldred,  of  South  Carolina,  'appeared 
and  was  qualified  »        -        -        •        . 
speech  of,  on  the  internal  improvement  res- 
olution ----... 
on  the  Cumberiand  Road  bill     - 
on  the  bill  to  increase  the  duty  on  iron 
Simonton,  John  W.  and  others,  IVir.  Jones  pre- 
sented the  petition  o^  referred 
Sinking  Fund,  annual  report  of  the - 

detailed  report  of  the  Commissioners  of  the  2889 
Sixth  Circuit,  a  bill  providing  additional  compen- 
sation to  circuit  judge  of  the,  read  twice      824 


SUde's  Creek,  a  bHI  to  abolish  the  port  of  entry    **** 

at,  read  twice         -        - 
read  the  third  time,  and  passed 
Slate  Company,  of  New  York,  adverse  report  on 

the  memorial  of  the 
Slavery,  Mr.  Livermore  submitted 


1671 
1676 


-  1661 


an  amend- 
ment to  the  ConstituUon  on  the  subject 

read,  and  the  quesUon  of  consideration  nega- 
tived       " 


1676 
1676 


Slaves,  a  bill  from  the  Senate  to  prohibit  the  im 

portation  of  - 
read  twice         -...,] 
ordered  to  a  third  reading  -        .        .        1  ^ 
amended,  read  the  third  time,  and  passed  -  1744 
a  bill  prohibiting  the  introduction  of,  into 

the  United  Sutes,  twice  read  - 
Mr.  Middleton  offered  a  substitute,  which 

was  agreed  to,  and  ordered  to  be  printed. 

and  referred  ----._ 
reported  with  amendments 


1716 
1718 
1749 


660 


1668 
1720 


677 

818 
1682 
1687 


•  819 

1788 
1789 
1748 
1764 
1776 


846 


824 

818 

1844 

865 

1217 
1667 
1751 

828 
866 


Small,  John,  a  bill  from  the  Senate  for  relief  of 

read  twice     ---..' 

read  the  third  time,  and  passed  -        .        T 

Smith,  Ballard,  of  Virginia,  appeared,  and  was 

qualified 

speech  of,  on  the  internal  improvement  reso- 
lution     

on  the  subscription  to  the  Delaware  and 
Chesapeake  Canal  stock 
Smith,  Samuel,  of  Maryland,  remarks,  of,  on  the 
bill  to  abohsh  internal  duties  ... 
on  the  bill  concerning  Revolutionary  sur- 
vivors   -        -        -•-        .        . 
on  the  resolution  relating  to  naval  disci- 
pline      

on  the  Fugitive  SUve  bill- 
on the  remission  of  duties  to  the  Church 
in  Richmond  -        -        .        .        . 

speech  of,  on  the  Bankrupt  bill  - 
on  Mr.  Clay's  amendment  to  the  Neutrality 

bin 

in  reply  to  Mr.  Clay 

on  the  condition  of  the  South  American 
jntivinces       --.... 
in  reply  to  Mr.  Clay  on  the  same  subject    - 
remarks  of,  on  the  resolution  to  grant  med- 
als        ----.-.   ^^^^ 
speech  of,  on  the  supplemental  Bank  bill   -  1766 
remarks  of,  on  a  resolution  relating  to  the 
Peace  Establishment      -        - 
Smith,  Mr.,  of  North  Carolina,  remarks  of,  on  the 
repeal  of  internal  duties        -        .        . 
speech  of,  on  the  bill  to  increase  the  duties 

on  iron 

Smith,  Dr.  James,  vaccine  agent,  Mr.  Comstock 
presented  the  petition  of,  referred  - 
an  adverse  report  thereon  concurred  in 
Smith,  Israel,  a  bill  for  relief  of,  read  twice 

read  the  third  time,  and  passed  -        -        . 
Smith,  Charles,  a  complimentary  but  adverse  re- 
port on  the  petition  of,  agreed  to    - 
Smyth,  Alexander,  of  Virginia,  speech  of,  in  the 
case  of  Anderson   -        -        -        .        • 
on  the  Commutation  bill   .... 
on  the  internal  improvement  resolution      -  1180 
oi^the  South  American  provlncM^   •       -^1660 

Digitized  by  V^OOQIC 


1081 
1628 


406 
1128 
1896 


427 

498 

806 
880 

884 
946 

1421 
1427 

1588 
1687 

1669 


1767 


442 

1726 

710 
846 
828 
829 


1094 

696 
818 


Isucrii 


INBES. 


Ixxxvii 


H»me  FroeaedmgM  and  Ikbate$* 


Page. 
Smyth,  Harold,  on  xootion  of  Mr.  Tucker,  the 
Military  Committee  were  initrooted  to 
inquire  into  the  expediency  of  authori- 
zing the  proper  accounting  officers  to 
credit  and  settle  the  accounts  of  •  -  1112 
a  bill  for  the  relief  of,  read  twice,  and  com- 
mitted          -  1392 

Soldiers  who  left  the  service,  without  leave,  &c., 
a  bill  allowing  bounty  lands  to  certain, 
read  twice,  and  ordered  to  lie  on  the  table  1666 
South  American  Provinces,  reports  and  docu- 
ments exhibiting  the  condition  of  the     -  1967 
South  Carolina,  a  Message  from  the  President 
transmitting  a  letter  from  the  Governor 
of,  to  the  Secretary  of  State,  relative  to 
a  proposed  amendment  of  the  Constitu- 
tion, ordered  to  lie  on  the  table        -        -  1074 
Southard,  Mr.,  of  New  Jersey,  remarks  of,  on 

the  Commutation  bill     -        *        -        -    476 

on  bill  oonceming  Revolutionary  snrvrors      498 

on  the  resolution  respecting  clerks    •        -    786 

speech  of,  on  the  half-pay  Pension  bill        -    876 

Spain»  om  motion  oi  Mr.  Forsjrtfa,  a  committee 

was  appointed  to  request  of  the  Prettdoit 

information  tovehiag  our  relatione  with    864, 

1068 
•  Message,  with  a  report  from  the  Sftcre- 

tary  of  State,  in  reply    ....  1390 
one  thousand  four  hundred  copies  of  the 
Message  and  documents  oraered  to  be 

printed 1393 

documents  accompanying  the  Secretary's 

report 1814 

Spanish  American  provinces,  Mr.  Robertson,  of 
Louisiana,  subm^ted  a  resolution  relating 

to  the 406 

modified  and  agreed  to,  and  a  committee 
appointed      ......    408 

Mr.  Ciay  proposes  to  send  a  Minuter  to  the  1406 
the  proposition  negatived  ....  1646 

Mr.  Anderson  renewed  Bfr.  Clay's  proposi- 
tion        1662 

again  negatived,  the  yeas  and  nays  being 
taken    -        -        -        -        -        -        -  1666 

Spanish  Blockades,  correspondence  in  relation 

to  the 1840 

Spanish  Grants,  Mr.  Poindexter  presented  the 
petition  of  sundry  inhabitants  of  Mbsis- 
sippi  against  the  confirmation  of    •        -  1016 
Spanish  Records,  Ac,  on  motion  of  Mr.  Robert- 
son, a  committee  was  appointed  to  request 
the  President  to  obtain  all,  relating  to 
Louisiana      -        -        -        -        -        -  1743 

Spencer,  Mr.,  of  New  York,  remarks  oi^  on  the 
bill  respecting  the  authentication  of  re- 
cords      6S5,  664 

speech  of,  on  his  resolutions  in  the  case  of 

Anderran 612,  651 

on  withdrawing  the  preamble  from  his  reso- 
lutions   912 

remarks  of,  on  the  Creorgta  claims      •        -  1118 
on  the  bill  concerning  the  district  covnts  of 

New  Y<Hrk UH 

on  Mr.  Clay's  propoution  to  send  a  Minis- 
ter to  South  America    ....  1656 
on  the  case  of  R.  W.Meade      -        -        -1711 
on  his  motion  concerning  Judge  Van  Nest  1716 
Sprague,  Seth,  a  bill  for  relief  of,  read  twice    -  1681 


read  the  third  time,  and  passctd  - 


^-  1687 


Ptg^ 
Stafford^  XJeutenant  Aaron,  on  motion  ef  Mf . 
Hubbard,  the  Committee  on  Pensions, 
dcc.»  were  instructed  to  inquire  into  the 
expediency  of  increasing  the  pension  of    936 
Standing  Committees,  appointment  of  the  several    400 
Standing  Rules,  Mr.  Bassett  submitted  a  motion 

to  amend  the 431 

the  amendment  agreed  to  -        -        •         -  '  446 
Mr.  Poindexter  submitted  another  amend- 
ment to  the 486 

also  agreed  to-  -  -  *.^-  439 
on  motion  of  Mr.  Hamson,  another  rule 

was  added  to  the  -  •  -  -  -  489 
Mr.  Wendover  offered  another  amendment  490 
which  was  also  agreed  to  -  -  .  .  614 
Mr.  Taylor  submitted  a  motion  to  amend 

the,  read 1823 

the  motion  agreed  to         -        .        -        -  1402 
Stanshury,  Tobias  £.  and  William,  a  a^ori  of 

facts  in  the' case  o(^  rafttred  .        -        •    936 
Stark,  Major  General  John,  Mr.  Butler  prasentad 

the  petition  of,  referred  -  -  -  -  1112 
a  bill  for  the  relief  of,  read  twice  .  -  -  11S6 
read  the  third  time,  and  pasMd  •  1770 

Statutes  of  the  several  States,  on  motion  of  Mr. 
Taylor,  of  New  York,  the  Oieik  was 
directed  to  procure  a  copy  of  the  laat 
edition  of  the,  to  be  kef»t  m  hie  office  for 
the  nee  of  membeia  ....  i#it 
Stepheos,  Ehenewr  and  o&crs,  a  bill  isr  icjief 

o^  read  twice,  A^c         ....  1392 
Sterner,  Barnhard,  Bir.  Hendricks  praedntad  the 

petition  of,  referred        ....    824 
Stewart,  James,  of  North  Carolina,  appaaeed 

and  was  qualified  .....    817 
StOes,  George.    (See  Ttruumit  TAosMS.) 
Stone»  Peter  and  Maiy,  Mr.  McCoy  prewnhid 

the  petition  of,  refened         ...     4i€ 
Storre,  Mr.,  of  New  Yoik»  remarks  o<;  ok  the 

bill  to  abolish  inlernaLdutias  ...  427 
on  the  CommuUtion  tuU  -        -    47<^  4^ 

on  the  Compensation  bill  -  -  -  -  574 
speech  of^  in  the  ease  of  Andenan  -  -  668 
remarks  of,  on  the  lesolntioa  conoeminf 

clerks 7M 

on  the  Fugitive  Slave  bUl         .        -    S28w  8tl 
speech  of,  on  the  Bankrupt  bill         •        -     972 
Strong,  Mr.,  remarks  of,  on  the  bill  relattng  to 

authentication  of  records        ...     564 
on  the  Compensation  bill  ....     MB 
Strother,  Mr.,  speech  of,  on  the  biH  ooneeraing 

Revolutionary  survivon         ...     497 
remarks  of,  on  the  CozDpensation  bill         -     578 
on  the  examination  of  Colonel  Watson      *     789 
on  die  bill  for  remission  of  certain  duties    .     819 
speech  of,  on  the  motion  not  to  recem  Ae 
Pazos  qi^orial     .....   1^58 
Stubbs,  John  G.    (See  Edwards^  WiHiam.) 
Subsisting  the  Army,  on  motion  of  Mr.  For^rth, 
a  committee  was   appointed  to  inqnire 
into  the   expediency  of  changing   the 

mode  of 981 

Sullivan,  Mary,  an  adverse* report  on  the  petition 

of,  reversed,  apd  the  Committee  of  Claims 

ordered  to  prepare  a  bill         ...   iS9i 

a  bill  for  relief  of,  read  twice      ...   iC9r 

ordered  to  a  third  reading  ...   ^^if 

read  a  third  time,  and  passed    ...  IT14 

Digitized  by  VjOOQIC 


ISDCKix 


DTDEX. 


SoHse  ProeeetUngB  muL  Debale$. 


Sargeons  of  the  Navy,  on  motion  of  Mr.  Pairio, 

^  the  Naval  Committee  were  inetraeted  to 

inquire  into  the  expediencj  of  altering 

the  rank  of 430 

Survey  of  the  Coast,  documents  showing  the 
'  progress  made  in  the      -        -        -        -  2447 

Surveyor  of  Missouri  and  Mississippi,  a  bill  from 
the  Senate  allowing  additional  calary  to 
the,  read  twice,  and  referred  -        .        .  1401 
reported  without  amendment    .        -        -  1446 
ordered  to  a  third  reading  -        -        -        -  1450 
Surviviflg  Revolutioaary  Patriots.    (See  Revo* 

luiumary  Army.) 
St.  Clair,  General  Arthur,  a  bill  for  relief  oi;  read 

twice 831 

on  motion  of  Mr.  C<rf>b,  the  Seeretariee  of 
the  Treasnry  and  of  War  were  directed 
to  report  statements  of  all  the  accounts  of    849 
on  motion  of  Mr.  Forsyth,  th^ accounting 
officers  were  dhreeled  to   settle  the  ac- 
counts and  pay  with  interest  whatever 
might  be  Ibund  due        ....    849 
the  bUl  was  ordered  to  a  third  reading      -    853 
read  the  third  time,  and  passed          •        .    853 
a  letter  from  the  Secretary  of  War,  with  a 
statement  of  the  accounts  of  -        .        .    866 
St  Stephens,  «n  motion  of  Mr.  Bdvurds,  the 
Oomnittee  on  Public  Lands  were  in- 
structed to  iaquiro  into  the  expedtenoy 
uf  adding  to  the  land  district  of,  certain 
lands  acquired  from  the  Chickasaw  and 
,  Choctaw  Indians 930 


Tallmadge,  Mr.,  remarks  o^  on  the  hill  to  abol- 
ish internal  duties  ...     420^  428 
speech  of,  on  the  case  of  Anderson    -        .    712 
remarks  of,  on  the  examination  of  Colonel 

Watson         - 780 

on  the  resolution  concerning  clerks  -  .  783 
on  the  Qeorgia  claims  .  -  -  .  -  1 103 
speech  of,  on  the  bill  to  subscribe  for  stock    . 

in  the  Delaware  and  Chesapeake  Canal  1395 
on  his  resolution  respecting  the  navy  pen- 
sion fund 11592 

Tarifi^  on  motion  of  Mr.  Ingham,  the  Secretary 
of  the  Treasury  was  directed  to  report,  at 
the  next  session  of  Congress,  what  fur- 
ther improvements  might  be  made  in  the  1777 
Taxation,  on  motion  of  Mr.  Taylor,  the  Com- 
mittee on  Public  Lands  were  instructed 
to  inquire  into  the  expediency  of  exempt- 
ing bounty  lands  from    ....    418 
Taylor,  William,  and  Ezekiel  Walker,  report  of 
the  Secretary  of  the  Treasury  on  the  pe- 
tition of,  referred   •        -        .        •        .    444 
Taylor,  Mr.,  of  New  York,  remarks  of,  on  his 

resolution  calling  for  a  list  of  pensioners  487 
on  the  resolution  to  engrave  the  surveyor's 

map  of  bounty  lands  ....  519 
on  continuing  the  office  of  Commissioner  of 

Claims 896 

on  .the  resolution  fixing  the  day  of  a^oum- 

ment 1281 

on  the  supplemental  Bank  bill  -        -        •  1763 
Taylor,  John,  a  bill  authorizing,  to  be  placed  on 

the  navy  pension  list,  read  twice  -  -  591 
ordered  to  a  third  reading  ...  1450 
read  the  third  time,  and  paaa^  ...  1452 


Page. 
Taylor,  John,  (a  Hevolutionary  soldier,)  on  mo- 
tion of  Mr.  Butler,  the  Committee  on  Pen- 
sions, Ace,  were  instructed  to  inquire  into 
the  expediency  of  placmg  the  name  of,  on 

the  pension  list 866 

Tennant,  Thomas,  and  Qeorge  Stiles,  adverse 

report  on  the  petition  of,  agreed  to         -1661 
Ttanessee,  on  motion  of  Mr.  Hofanes,  of  Massa- 
chusetts, the  Committee  on  Roads  and 
Canab  were  instructed  to  inquire  into  the 
expediency  of  uniting  the  Tombigbee  and, 

rivers 430 

Mr.  Rhea  presented  the  petition  of  the  Leg« 
islature  o(  concerning  titlea  to  lands  ao- 
cruing  under  gnuits  from  N.  Carolina,  dtc    489 
Mr.  Manr  presented  the  petition  of  the  same, 

renieoting  the  Chickasaw  lands  -  -  1391 
Mr.  Blount  presented  a  petition  concerning 

an  exchange  of  certain  lands  ...  1400 
Mr.  Mair,the  same,  on  subject  of  land  titles  UOt^ 
a  bill  irom  the  Senate,  supplemental  to  the 
act  authorizing  the  Stale  of,  to   issue 
grants  of,  read  twice      ....  1568 
read  the  third  time,  and  passed         -        -  1568 
TerriU,  Mr.,  speech  0^  on  the  Georgia  olaiflM    -  1098 
Territorial  Government,  a  bill  from  the  Senate 
to  alter  and  amend  the  act  to  eiBot  a  sep- 
arate, for  the  eastern  part  of  Mis8i4B^i, 
read  twice,  and  refened         .        .        *  lOQ 
reported,  without  amendment    ...  1053 
read  the  third  time,  and  passed  .        .        <  Vfm 
on  motion  of  Mr.  Foreyth,  the  Judiciary 
Committee  were  instructed  to  inquire  into 
the  expediency  of  altering  the  lawaielnt- 

ing  to U<U 

Terry,  Mr.,  remarks  o^  on  the  proposed  arrest  of 

John  Anderson MP 

on  the  motion  for  a  Committee  of  Privileges    606 
Thomas,  Colonel  James,  on  motion  of  BIr.  De- 
sha, the  accounts  and  papers  in  the  case 
o(  were  referred  to  the  Attorney  General  1714 
Thompeon,  John,  a  bill  from  the  Senate,  in  addi^ 

tion  to  the  act  for  the  relief  of,  read  twice  855 
ordered  to  a  third  reading  ....  1697 
read  the  third  time,  and  passed  ...  1714 
a  bill  in  addition  to  the  act  for  reUef  o( 

read  twice *    499 

ordered  to  a  third  reading  .        -        •        -    5Q8 
read  the  third  time,  and  passed  .       *        .    534 
Thompeon,  Samuel.    (See  DaUy,  .Mn.) 
Tikom,  Joseph,  a  bill  for  relief  o^  read  twioe      -    737 
ordered  to  a  third  reading  -        -        •       -1656 
read  the  third  time,  and  passed  -        -        .  1668 
Three  per  tent,  a  bill  fipom  the  Senate  lor  pay- 
ing to  Indiana,  on  the  proceeds  of  the 
sales  of  lands  in  that  State,  read  twice, 

and  referred •    593 

roforted,  without  amendment    -        -        .    788 
amended,  and  ordered  to  a  third  reading    -  1667 
read  the  third  time,  and  passed  as  amended  16T3 
the  Senate  disagreed  to  the  amendment     -  16711 
Titles  to  Lands,  Mr.  Robertson  presented  thepe- 
.  tition  of  tlie  Legislature  of  Louisiana  con- 
cerning, referred    1073 

Titles  of  Nobility,  dtc,  Mr.  Edwards  submitted 
a  resolution,  requesting  information  of  the 
President  as  to  the  number  of  States  that 
liad  ratified  the  amendment  of  the  Consti- 
tution in  relation  to       -       •       -       -    030 

Digitized  by  VjOOQIC 


DTDBX. 


Btmt  Proceeding*  tmd  Jhbaiee. 


Page. 


878 
.     782 


-    841 


1448 

1738 
1789 
1764 
1769 


1660 
1787 


T<^  Bridge  OYar  the  Eastern  Braneh,  Mr.  Peter 
preaeoted  the  petition  of  the  inhahitanta 
of  Waahington,  prajing  an  act  for  a 
Tonnage,  the  annual  atatement  of  the,  from  the 
Treasury  Department    -        -        -        - 
on  motion  of  Mr.  SUsbee,  the  Ckunmittee  of 
Commerce  and  Mannfiicturea  were 
stmcted  concerning  the,  duty,  4oc*  - 
a  letter  from  the  Becretary  of  the  Treasury 

respecting 

Tonnage  and  diseriminating  duties,  a  bill  from 

the  $enate  conoeming  -        -        -        * 

read  twice,  and  referred    •        .        -        - 

reported  without  Amendment     .        •        - 

amended,  and  passed  aa  amended 

Torres,  Manuel,  the  Speaker  preaented  a  paper 

from,  which  was  refiirred  to  the  CoBunit- 

tee  of  Ways  and  Means        -       .       « 

postponed  to  the  next  session    .        •        - 

Toidmin,  Judge  Harry,  the  Speaker  presented 

a  paper  from  Edwin  Lewis  requesting 

that  bis  charges  against,  may  be  taken 

up,  and  it  was  referred  to  the  Judiciary 

Committee 173S 

the  committee  di^harged  from  ita  frirther 
consideration 
Townsend,  8yl?anus,  on  motion  of  Mr.  Com< 

stock,  the  claim  of,  was  referred     - 
Trading-houses  with  the  Indian  tribes,  a  bfll  for 

establishing,  read  twice 
Transfer  of  Claims,  a  bin  for  the,  from  the  Com- 
missioner under  the  property  act,  to  the 
third  Auditor,  read  twice        ... 
read  therthird  time,  and  passed  .        .        • 
Itaisfor  of  Deposites,  a  letter  from  the  Secreta- 
ry of  the  Treasury  on  the  subject  of  the 
Transfer  of  Public  Debt,  report  on  the  legality  of 

a,  by  the  Bank  of  the  United  States        -  1283 
Transportation  of  persons  of  color,  for  sale,  dec, 
a  bill  from   the  Senate,  respecting  the, 
read  twice,  and  referred         -        -        -  1381 
Treasury  Notes  lost  or  destroyed,  a  bill  to  au- 
thorize the  payment  bf,  in  certain  cases, 

read  twice -    846 

ordered  to  a  third  reading  .        •        .        •  1697 


1769 
-    448 


-    800 


1737 
1778 

444 


read  a  third  time,  and  passed     ... 
Treaty  of  Ghent     (See  Ghent.) 
Trimble,  Mr.,  speech  of,  on  his  motion  concern- 
ing R.  W.  Meade  -        -        -        -       - 

on  his  resolution  authorizing  the  Ptesident 
to  make  reprisals 

remarks  of,  on  the  motion  not  to  receiTc  the 
Pazos  memorial     .        .        -        •        - 

speech  of,  on  offering  a  substitute  for  the  res- 
olution reported  by  the  Meade  committee 

in  reply  to  Mr.  Hopkinson         ... 

remarks  of,  in  answer  to  Mr.  Forsyth 

on  submitting  a  resolution  relating  to  the 
Peace  Establishment     - 
Trouillet,  Peter.    (See  Baker,  John.) 
Tucker,  Mr.,  of  Virginia,  speech  of,  on  the  mo- 
tion for  a  Committee  of  Privileges 

on  the  resolutions  of  Mr.  Spencer 

on  the  Bankrupt  bill  .        .        .        . 

remarks  of,  on  the  report  on  internal  Im- 
provements  .-.--- 

speech  of,  on  the  resolution  submitted  by 
that  committee 


1818 
1497 
1499 


1586 


-  14M 


14M 


838 

907 
958 


A7«S 


1715 


502 

847 

1253 

1700 
1700 
1713 

.  1766 


595 
631 
962 

1114 

1116 


Ttteker,  Mr. — continued.  Page. 

remarks  of;  on  the  Pawe  aemoM  1252*  126f 
speech  of,  on  the  constHutionality  of  inter- 
nal improfement  .  -  -  -  - 
remarks  of,  on  the  Delaware  and  Cheea- 
peake  Canal  -  -  -  -  -  •  - 
on  Mr.  Clay's  motion  to  amend  the  Neotral- 

itybill 

speech  of,  on  the   South  Ameriean  pre- 
▼inces  ------ 

Tnmbull,  John,  a  bill  for  relief  of  the  legal  rep- 
resentatives o(  read  twioe      -       -       . 
Turner,  Thomas,  a  bill  concerning  the  heiia  and 
legaUes  of,  read  twice    -        -        -        , 
Turner,  Charlea,  jr.,  a  confidential  letter  from, 

to  the  honorable  John  Holmea 
Tyler,  Mr.,  remarks  o(  on  the  r^ort  of  the  com- 
mittee on  reminrion  of  dntiea  to  the  Rich- 
mond ohurdi         .       -       -       .        - 
speeeh  of,  on  the  Bankrupt  bill  - 
in  reply  to  Ml.  Smith  of  Maryland    - 
Tyler,  Benjamin  O.,  the  Speaker  presented  a 
letter  from,    accompanied    with   a  foe 
nmiU  copy  of  the  ])ecUiatek  of  Inde- 
pendence     •        .       -       •       -       - 

U. 
Unexpended  Appropriations,  on  motion  of  Mr. 
Taylor,  the  Secretary  of  the  Navy  was 
directed  to  report,  at  the  next  aeaston  of 
Congress,  the  sums  expended  under  the 
several  acts  rewarding  the  officers,  &c^ 
of  certain  vessels,  for  purchase  of  veassb 
captured  on  Lake  Ere,  dec,  and  the  bal- 
ances of        --.---  1875 

v: 

Vaccine  Agents,  on  motion  of  Mr.  Floyd,  a  com- 
mittee was  appointed  to  inquire  into  die 
expediency  of  granting  the  franking  priv- 
ilege to -     608 

a  bill  to  extend  the  privilege  of  franking  to, 

read  twice -     542 

ordered  to  a  third  reading  -        -        -  1450 

read  the  third  time,  and  passed  -        -        -  145S 
Van  Dyke,  Charles,  report  of  the  SecreUry  of 

the  Navy  on  the  petition  of  -       -        •  1071 
Van  Ness,  Judge,  on  motion  of  Mr.  Spencer,  a 
committee  was  appointed  to  inquire  into 
the  official  conduct  of    -        -        -        -  ltl6 
Villere,  Jacques,  report  of  the  SecreUry  of  Bute 

on  the  petition  of,  referred     .        -        -    445 
adverse  report  thereon       ...        -     501 
Vincennes,  a  bill  from  the  Senate  to  adjust 

claims  to  land  in  the  town  of,  read  twice  1431 
committed  to  the  Committee  of  the  Whole  1688 
reported  without  amendment,  read  the  third 
time,  and  passed   -        -        -        -        -  1779 
Virginia,  on  motion  of  Mr.  Pindall,  the  Judiciary 
Committee  were  instructed  to  inquire  into 
the  expediency  of  establishing  a  district 
court  for,  west  of  the  Alleghany  moun- 
tains      W* 

a  bill  to  that  effect  read  twice,  dec    -        -     961 
on  motion  of  Mr.  Tyler,  the  same  commit- 
tee were  instructed  to  inquire  into  the 
expediency  of  altering  the  time  for  hold- 
ing the  United  States  courts  in      -        -    W 
a  bill  for  that  purpose  read  twice        -        •911 
read  the  third  timet  and  passed  -       •        •  190T 


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xem 


INDEX. 

Hmu€  Proceedings  €md  DthaUt. 


XCIV 


Pago. 
I  Yirginift  Military  Land  Warranta,  a  bUl  from  tbo 
Sonata  to  extond  the  time  for  locating, 
dbc,  read  twice,  and  referred  -        -    517 

reported  with  amendmenU        •        •        -    737 
amendments  adopted,  and  ordered  to  a  third 

reading 16C2 

read  the  third  time,  and  paased  ai  amended  1667 
Yolnnteer  Cavalry,  a  bill  for  the  relief  of  cerUin, 

read  twice 1228 

ordered  to  a  third  reading         -        -        .  1715 
read  the  third  time,  and  pataed  -        -        -  1719 
W. 
Wait,  Thomas  B.,  and  Sons,  Mr.  Mason,  of  Mas- 
sachusetts, presented  the  petition  o%  re- 
ferred   .......    898 

Wait's  Stote  Papers,  Mr.  Sergeant  submitted  res- 
olutions directing  that  a  copy  of,  be  fur- 
nished to  each  of  the  judges  of  the  Su- 
preme Court,  read  twice        -        -        ^881 
read  the  third  time,  and  passed        -        -    897 
a  biU  from  the  Senate  authorizing  subscrip- 
tion for  the  11th  Tolume  of,  read    -        -  1456 
read  a  second  time,  and  committed    •        -  1469 
Walker,  EzekieL     (See  Tavlor,  Wiliiam,) 
Ward,  Samuel,  a  biU  from  the  Senate  for  relief 

of,  read  twice,  and  referred    •        -        .  1528 
Warner,  Martin,  a  bill  from  the  Senate  for  re- 
lief of,  read  twice 881 

read  the  third  time,  and  passed        -        -  1648 
Washington,  a  bill  from  the  Senate  supplemen- 
tal to  the  act  further  to  amend  the  charter 

of  the  City  of 1656 

read  twice,  and  referred    -        .        -        .  1662 
reported  with  an  amendment,  and  commit- 
ted         1674 

Watson,  Colonel  Joseph,  examination  of,  at  the 

bar  of  the  House 779 

a  letter  from,  to  the  Speaker,  read      -        •    783 
Ways  and  Means,  appointment  of  the  standing 

committee  of 400 

Webster,  John,  committee  discharged  from  the 

petition  of 1768 

Weights  and  Measures,  on  motion  of  Mr.  Linn, 
a  committee  was  appointed  to  inquire  into 
the  expediency  of  establishing  a  stand- 
ard of  591 

Wells,  George  R.,  a  bill  for  relief  of«  read  twice  1672 
read  the  third  time,  and  passed         •        •  1676 
Wells,  Benjamin  and  John,  the  committee  dis- 
charged from  the  petition  of  -        -        -  1768 
Wondover,  Mr.,  remarks  of,  on  his  resolution 

'  respecting  the  flag  of  the  United  States  -    464 
speech  of,  on  the  bill  to  alter  the  same        •  1458 
Wharton,  Lieutenant  Colonel  Franklin,  on  mo- 
tion of  Mr.  Floyd,  the  Secretary  of  the 
Navy  was  directed  to  lay  before  the  House 
the  proceedings  of  the  court  martial  on  -  1523 
letter  from  the  Secretary,  transmitting  the 

same 1682 

Wheeler  and  Cook,  an  adverse  report  concurred 

in,  on  the  petition  of     •        -        -        -  1655 
Whistler,  Msjor  John,  adverse  report  on  the  pe- 
tition of         ......    854 

Whitman,  Mr.,  remarks  of,  on  the  bill  to  abolish 

internal  duties 426 

speech  of,  in  the  case  of  Anderson     •        •    740 
remarks  of,  on  the  reaolntion  concerning 
darks 786 


Whitman,  Mr.,  remarks  of— continued.  Page, 
on  the  Fugitive  Slave  bill         -        -        -    689 
speech  of,  on  the  Bankrupt  bill        -        -  1614 
remarks  of,  on  the  supplemenUl  Bank  bill  1766 
Widows  and  Orphans  of  the  Officers  and  Sol- 
diers of  the  late  War,  Mr.  Harrison  sub- 
mitted a  resolution  on  the  subject  of  the    450 
agreed  to,  and  referred      -        -        -       •-    461 
on  motion  of  the  same,  the  Secretary  of 
War  was  directed  to  report  the  amount  of 
pensions  granted  to  the          ...    475 
a  bill  to  extend  for  a  Airther  term  of  five 
years  the  pensions  to,  read  twice    -        •    872 
Widows  of  Militia   Soldiers,  Mr.  Edwards,  of 
North  Carolina  offered  a  resolution  to  in- 
quire into  the  expediency  of  making  pro- 
vision for  the 881 

agreed  to,  and  referred  to  the  Military  Com- 
mittee   /    <»    881 

a  bill  concerning,  read  twice,  dec.      -        -  1007 
WiMiams,  Lewis,  remarks  of,  on  the  bill  to  abol* 

tth  internal  duties  ....    426 

remarks  and  statement  of,  on  Anderson's 

letter  to  him 680 

speech  of,  on  the  Compensation  bill  -  -  684 
Mr.  Anderson's  examination  of  -  •  786 
remarks  of,  on  the  resolution   concerning 

the  office  of  claims         ....    896 
speech  of,  on  the  bill  concerning  expatria- 
tion        1076 

remarks  of,  on  the  case  of  R.  W.  Meade  -  1711 
on  a  resolution  concerning  the  Peace  £s- 

Ublishment 1767 

Williams,  Mr.  of  Connecticut,  remarks  of,  on  the 

bill  relating  to  records,  dec.    ...    586 
remarks  of,  oh  the  Fugitive  Slave  bill        .    889 
speech  of,  on  the  Bankrupt  bill  ...    977 
Williams,  Henry,  on  motion  of  Mr.  Blount,  the 
House  reconsidered  their  vote  of  concur- 
rence in  the  adverse  report  of  the  Commit- 
tee of  Claims;  and  the  petition  of,  was 
referred  to  the  Committee  of  the  Whole    818 
Williams,  Thomas,  of  the  Iroquois  tribe,  report 
of  the  Secretary  of  War  on  the  petition  of, 

laid  on  the  Ubie 1288 

Williams,  Frederick.    (See  Eme»U  Frederick.) 
Wihnot,  John,  a  bill  for  relief  of,  read  twice,  dbc    878 
Wilson,  John,  of  Massachusetts,  appeared,  and 

was  qualified 817 

Windmill  Point,  on  motion  of  Mr.  Newton,  the 
Committee  of  Commerce  and  Manufac- 
tures were  instructed  to  inquire  into  the 
expediency  of  erecting  a  light-house  on  -  791 
Wines  and  Diitilled  Spirits,  a  bill  to  provide  for 
the  depoaite  of,  m  the  public  wavehouaoe, 
read  twice,  and  referred  «        .        .  1283 

reported  without  amendment,  and  ordwad 

to  a  third  reading  -  -  -  '  -  -  1726 
read  the  third  time,  and  passed  ...  1788 
returned  from  the  Senate  with  amendments, 

and  concurred  in 1777 

Winter,  Gabriel,  Mr.  Johnson  presented  sundry 
documents  in  support  of  the  petition  of, 
which  were  referred       ....    422 
Winter,  Elisha  and  William,  a  bill  for  the  relief 

of,  read  twice,  d&c  -        -        -        -517 

a  bill  for  the  final  adjustment  of  the  land* 
claims  of,  read  twice,  dec.       ...    878 


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^cv 


wm 


Wbgnian,  Chariet.    (See  Cliffetd^  Thonuu  and 

Johnt  dtc 
WHhdntwel  of  Entries,  dte.,  bi]I  ftom  the  Senate 
oonceniing  the,  read  twice,  and  referred  - 
reported  wiUiont  amendment,  and  ordered 

to  a  third  reading 

read  the  third  time,  and  pasted  • 

Woodwortbr  Rosweli,  an  adrerse  rqwrt  iOn  the 

petition  off  agreed  to      -        -        •        - 

Work»  J«h»,  a  bill  for  the  relnf  oi;  read  twioe  - 

ordered  to  a  third  reading  •        -        •        . 

read  the  third  time,  and  passed  -        -        * 

Worster,  Alexander,  an  adverse  report  en  the 

petition  of     -----        - 

read,  and  roTersed  bj  the  Committee  of  the 

Whole 

Worthtngton,  Gad,  a  bill  for  the  relief  o(  read 
twice     -        -        -        -        -        - 

ordered  to  a  third  reading  • 
read  the  third  time,  and 


Page. 


894 

935 
964 

614 

818 

1680 

1694 

444 

616 

790 
1667 
1673 


Teas  and  Nays,  on  the  £nal  passage'  of  the  hiU 

to  aboUsh  internal  duties  ...  448 
on  amending  the  Compensation  bill  675, 576, 677 
on  the  final  passage  of  the  same  -    689 

on  indefinitely  postponing  Mr'  Spencer's 

resolatiops  in  the  cas6  of  Anderson 
on  Mr.  Culbreth's  amendment  to  Mr.  Tall- 

madge's  resolation 
on  the  question  calling  Anderson  forthwith 

to  the  bar  of  the  House 
on  striluiiiig  out  the  appropriation  ibr  brevet 

rank      ..--... 

on  indefinite  postponement  of  the  Cenmu- 

tationbill 811 

on  the  third  leading  of  the  same       -        -    816 
on  the  third  reading  of  the  Fugitive  Slave 

hiU 

on  the  final  passage  of  the  same 

on  the  Senate's  amendments  to  the  Miiitaiy 

Appropriation  bill 

on  ooneurrenee  with  the  committee  in  the 

pension  to  General  St.  Clair  - 
on  amending  the  bill  concerning  half-pay 

pensions  .... 
on  the  third  reading  of  the  same 
on  indefinite  postponement  of  the  Bankrupt 

bill        -.-.-.. 
on  the  question  of  reversing  the  report  on 

the  Irish  emigrants        .... 
OD  striking  out  the  first  section  of  the  Bxpa- 

Iritlmbin 

on  indefinite  postponement  of  the  same 


775 


-  776 
th 

-  777 


794 


831 
840 

860 


-    853 


879 


10S7 
1053 


OB  tf  r.  R^berlson^s  sybstkute 


1071 
1093 
1106 


Yea0  and  Nays— continued.  Page, 

on  indefiaito  poetponement  of  the  Cleorgia 

claims -       -  1107 

on  the  Senate's  anaendments  to  the  bill  ooft- 

oeming  RevuIutionMy  suvivots  -  -  1109 
on  the  third  reading  of  tbe  Georgia  Claims' 


biU 


nil 


lliB 

1966 

1384 

1365 
138C 
1387 
1389 
1368 

1400 

1446 


OB  the  final  passage  of  the  reeolation  to  ad- 

jonm  18th  April    ... 
on  receiving  the  memorial  of  Vicente  Pa 
on  indefinite  postponement  of  the  firrt  i 

lution  for  internal  improvemeat 
on  concurring  with  the  committee  on  said 

resolution 

on  agreeing  to  the  second  resolution  - 
on  amending  the  third  resolution 
on  agreeing  to  the  same    -        -        - 
on  agreeing  to  the  fourth  resolution  - 
on  the  third  reading  of  the  Senate  bill  con- 
cerning certain  roads 
on  reversing  the  rqport  on  the  Ohio  con- 
tested election 

on  agreeing  with  the  Committee  of  Elections  1449 
on  indefinite  postponement  of  the  Neutral- 
ity bUl  MM 

on  amending  the  said  bill  -  -  -  -  1454 
on  the  third  reading  of  the  same  -  -  1456 
oil  Mr.  Clay's  proposition  for  a  Minister  to 

South  America 1655 

on  indefinite  pos^nement  of  the  Comber^ 

land  road 

on  the  final  passage  of  the  said  bill    - 

on  the  final  passage  of  the  bill  fixing  the 

time  for  next  meeting  of  Congress 
on  the  resolutions  relating  to  internal  im- 
provement    -        1        ...        - 
on  the  appropriation  for  fiimishing  die  Rep- 
resentatives' Chamber    .... 
on  the  appropriation  for  the  centre  building 

of  the  Capitol 

on  the  third  reading  of  the  bill  fi»r  relief  <if 

sufferers  on  the  Niagara  frontier  -  -  1699 
on  considering  the  Senate's  amoidments  to 

the  Fugitive  Slave  bill  -  -  -  -  171jl 
on  the  third  reading  of  the  bill  for  relief  of 

the  owners  of  the  Ariadne  -  -  -  1719 
on  the  third  reading  of  theNaviga^onbUl  -  1719 
on  amending  the  bill  to  increase  the  dntj 

on  iron -  1736 

on  the  final  passage  of  the  same  -  -  1740 
on  amending  the  bill  concerning  duties  on 

imports  and  tonnage  ...  1741, 1743 
on  the  third  reading  of  the  same  -  -  1743 
on  indefinite  postponement  of  the  siqpple- 

mental  Bank  bill 1768 

on  indefinite  postponement  of  the  bill  to  in- 
crease certain  salaries    -        -        .        -  1774 
on  amending  the  same      ...        -  1775 


1657 
1664 


-  1664 


1679 
1685 
1690 


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XCVll 


INDEX. 


xcviu 


PMic  AcU  and  Resolutions. 


PUBLIC  ACTS  AND  RESOLUTIONS. 


A. 

Additional  Ltnd  Offices,  an  act  making  prorition 
for  the  establiahment  of,  in  the  Territorj 
of  MiMoari tblH 

Alabama,  an  act  concerning  the  Tenritoiy  of   -  S627 
.    an  act  reapecting  the  aorrey  and  sale  of 

lands  in S680 

Alien  Daties,  an  act  to  aathoriMttbe  Secretary 

of  the  TreasnzT  to  remit  or  pay  certain    -  8587 

Army,  an  act  to  ngmMXe  the  staff  of  the    -       -  SMI 
an  act  respecting  the  organixatbn  of  the    -  2681 

Arrearages  in  the  Military  Establishment,  an  act 

making  appropriations  for  the  payment  of  8610 

B. 
Bath,  in  Massachasetts,  an  act  making,  a  port  of 

entry,  Ac 8687 

Brevet  Officers,  an  act  to  regnlate  the  pay  and 

emolomenU  of 8643 

Brunswick,  in  Georgia,  an  act  concerning  the 

district  of 8616 

C. 

Cape  Viiieent,an  act  to  establish  a  port  of  entry  at  3649 

Certain  Certificates,  an  act  for  payment  of,  dec  8638 

Certain  Orunes  against  the  United  States,  an  act 

in  addition  to  the  act  to  pnnish      -       •  8667 

Chesapeake  Bay,  resolution  directing  the  com- 
pletion of  the  sonrey  of  the  waters  of  the  8608 

Claims  in  the  Office  of  the  Commissioner,  an  act 

for  transfNrring  to  the  Third  Auditor  the  8689 

Coasto  of  the  United  States,  an  act  to  repeal  the 

act  to  provide  for  surveying  the      •       •  8n0 

Columbian  Institute,  an  act  to  incorporate  the,  dbc  8694 

Columbian  Insurance  Company,  m  Alexandria, 

an  act  to  incorporate  the       -       -       •  8611 

Compensation,  an  act  allowing,  to  members  of 

Congrees,dce. 8608 

Congress,  an  act  fixing  the  time  for  the  next 

meeting  of 8649 

Courthouse,  Jail,  dtc,  in  Alexandria,  an  act  to 

jffovide  for  the  erection  of  a  •        •        •  8638 

Cumberland  Road,  an  act  making  further  appro- 
priations for  the  continuance  of  the       •  8640 
D. 

Direct  Taxes  and  Internal  Duties,  an  act  supple- 
mental to  the  act  relative  to  -       -       •  8669 

District  of  Columbia,  an  act  to  increase  the  sala- 
ries of  the  Judges  of  the  Circuit  Court 
for  the 8679 

Documents,  resolution  authorixing  the  distribu- 
tion of  certain  public      ...       08697 
reselntion  directing  the  transportation  of 
certain,  free  of  postage  -       •       .        •  8699 

Drawback,  an  act  allowing  the  benefit  of,  in  a 

certain  case  ••-•••  8610 

E. 
Eastern  part  of  Mississipipi,  an  act  to  alter  and 
amend  the  act  to  establish  a  separate  Ter- 
ritorial government  for  the     -        -        •  8691 
Erie,  an  act  to  change  the  name  of  the  district  of  8688 

P. 
Fire  Insurance  Company  of  Washington,  an  act 

to  incorporate  a 8687 

15(h  Coir.  I8t  SX88.— D 


Page. 

Pishing  Vessels,  an  act  concerning  the  bounty 

or  allowance  to 3636 

Flag  of  the  United  Sutes,an  act  to  establish  the  8634 

Florida,  reiolution  relative  to  the  occupation  of, 

by  the  United  States      ....  8601 
an  act  to  enable  the  President  to  take  poe- 

session  of 3608 

an  act  concerning  tho  said  act   •        -        -  3603 

Forfeiture  of  Lands,  an  act  to  suspend  for  a  time 

tiie  sale  or,  dtc 8649 

Fourteenth  Congress,  resolution  directing  the 
laws  of  the,  to  be  distributed  among  the 
members  of  the  fifteenth  Congress  •        -  8600 

G. 

Government,  an  act  making  appropriation  for  the 

support  of 8680 

an  act  supplemental  to  the  act  making  ap- 
propriations, dec   •       •       •       .       •  8688 

I. 

Imports  and  Tonnage,  an  act  to  continue  in  foroe 
a  certain  part  of  the  act  to  regulate  the 
duties  on 8684 

Index  to  the  Acts  and  Reeolutions  of  Congress, 
a  resolution  directing  the  Secretary  of 
State  to  prepare  an       •       -       -       •  8600 

J. 
Joumab  and  Proceedings  of  the  Conventioa 
which  formed  the  present  Constitution, 
resolution  directing  the  publication  and 
distribution  of  the  •       •       •       •       •;I600 

L. 
Land  Laws,  resolution  relative  to  the  distribution 

of  the  late  edition  of  the        -        •        .  869S 
Land  and  Naval  Service,  an  act  to  provide  for 

certain  persons  engaged  in  the       •       •  861S 
Laws  of  the  United  States,  an  act  to  provide  for 

tho  publication  of  the    -        -        -        -  8666 
resolution  directing  the  distribution  of  cer- 
tain, among  the  members  -and  delegates 
of  Territories  of  the  Fifteenth  Congress  8698 
resolution  directing  the  procurement  of  cer- 
tain        869S 

M. 

Maine,  an  act  altering  the  time  for  holding  a  ses- 
sion of  the  district  court  in  the  district  of  86811 

Manufoctured  Articles  imported,  an  act  to  in- 
crease the  duties  on  certaia  •       •       -  8680 

Marietta,  an  act  providing  for  the  sale  ef  certain 

lands  in  the  district  of  -        -        •        -  8610 

Mechanics'  Relief  Sode^  of  Alexandria,  an  act 

to  incorporata  the  -        -        -        •        •  8689 

Medals  to  Mi^  General  Harrison  and  Gbvemor 
Shelby,  a  resolution  directing  to  be  struipk 
and  presented,  together  with  the  thanks 
of  Congress 8001 

Military  Land  Warrantib  an  act  supplemental  to 
the  act  ftirther  extending  the  time  for 
Issuing  and  locating,  dbc       •       •       •  861$ 

Military  Service  for  1818,  an  act  making  appro- 

pnationeforthe     -       -.    Pr^r-ir-*"* 

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XCIX 


INDEX. 


Public  Act$  9nd  EeioltUiont. 


Page 
Militia»  ui  act  to  defray  the  ezpeoaes  o^  while 

marchiog  to  their  pluces  of  rendezroits  -  2663 
an  act  to  increase  the  pay  o^  while  in  actual 
service  .....--  S681 
Mint,  an  act  further  to  prolong  the  continuance 

of  the,  at  Philadelphia  -        -        -        -  990B 
Missifiippi,  an  act  to  provide  for  the  due  execu- 
tion of  the  laws  of  the  United  8utee  with- 
in the  State  of %^%l 

resolution  for  the  admission  of  the  State  o( 

into  the  Union S697 

an  act  authorizing  the  President  of  the  Uni- 
ted States  to  take  possession  of  the  coun- 
try lying  south  of,  and  west  of  the  river 
Perdido 2604 

N. 

Navigation,  an  act  concerning  ...  2648 

Navy  of  the  United  States,  an  act  making  appro- 
priations for  support  of  the    -        -        -2619 

New  Madrid,  an  act  limiting  the  time  for  claims 

to  land  granted  to  the  inhabitanU  of      -  2626 

New  Orleans  and  Mobile,  an  act  authorizing  the 

disposal  of  certain  lots  in  the  town  of     -  2688 

New  York,  an  act  respecting  the  courts  of  the 

United  Sutes,  within  the  Sute  of         •  2622 

North  Carolina,  an  act  declaring  the  consent  of 

Congress  to  an  act  of  the  Sute  of        -  2626 

O. 
Orphans  and  Widows  of  persons  slain  in  the 
public  and  private  armed  ships  of  the 
United  States,  an  act  giving  pensions  to  2648 

P. 

Pennsylvanlnr  aa  aet  to  divide  the  State  of,  into 

two  jndidal  districts      ....  tt684 

Pitkin's  ComBiereaal  Statistica,  an  act  author- 

ixing  the  purchase  of     •        •        -        -  9687 

Post  Roads,  an  act  to  estabUsh  and  alter  certain  2674 

Pmblic  Buildin|[Sy  an  act  making  further  provis- 
ion for  repairing  the      -       -       -       -  2610 
«ii  act  making  further  appropriation  for  the, 
aiui  for  fhmishing  the  Uapitol  and  Presi- 
dent's house 2679 

Public  Notaries  in  Washington,  an  act  to  regu- 
late the  fees  of      2624 

Beceivers  and  Regftters,  an  act  changing  the 

cojnpensation  of 2688 


Page. 
Repairing  certain  Roads,  an  act  in  addition  to 

the  act  making  appropriations  for  -        -  2620 
Rodgers,  John,  an  act  for  the  relief  of     '  -        -  2638 

Settlers  on  lands  of  the  UnHed  States,  an  act  to 

continue  in  force  an  act  in  relation  to    -  2670 

Seybert's  StaUstica]  Annals,  an  act  authorizing 

subscription  fbr 2687 

Slade's  Creek,  an  act  to  abolish  the  port  of  entry 

and  delivery  at 2647 

Slaves,  an  act  in  addition  to  the  ad  to  prohibit 

the  importatioa  of         ....  2671 

Surveyor  of  Illinois  and  Missouri  Territory,  an 
act  allowing  additional  salary  and  detk- 
hire  tothe 2620 

Swofd  to  Colonel  Richard  M.  Johnson,,  a  resolu- 
tion requesting  the  President  of  the  Uni- 
ted States  to  present  a  -        -        -        -  2601 

T. 

Tennessee,  an  act  supplementary  to  the  act  to 

authorize  the  State  of,  to  issue  grants,  &c.  2524 

Thompson,  John,  an  act  in  addition  to  the  act 

for  the  relief  of      ....        -2640 

Three  per  Cent.,  an  act  to  pronride  for  paying,  to 
the  State  of  Indiana,  on  the  sales  of  lands 
within  said  State 2637 

Tonnage  and  Discriminating  Dntieei  an  act  con- 
cerning ......  2686 

V. 

Vincennes,  an  act  providing  for  the  loeatioaL  of 
claims  and  sale  of  oertain  lands  in  the 

district  of i26l6 

^  act  to  adjust  the  daims  to  lots  in        •  2692 

Viiginta,  an  act  for  altering  the  time  for  holding 

the  district  court  of        ...        -2619 

Viisuua  Military  Land  Warraats,  an  act  to  ex- 
tend the  time  for  locating,  dee.       -       -  953$ 

Volimleer  Cavaby,  an  act  for  the  rdief  of       -  2563 

W. 

Wait's  State  Papers,  a  resolution  directing,  to  be 
furnished  the  judges  of  the  Supreme 
Court 2599 

Wines  and  Distilled  Spirits,  an  act  providing 
for  the  deposite  of,  in  the  puMic  ware- 
hooam 2692 


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