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ANNALS
OP
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.
UU
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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mSTORT OF OOKaSBBS*
1316
BLofR.
Jhttmal lH^pT09tw€ni9»
Mabcv, 181ft.
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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HISTORY OF CONGRESS.
1820
H. or R.
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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mi
MliiiB, ldl8.
hterfud l^kprotemenU.
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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1S99
mSTOBT OF G0NOBB8S.
1S94
H^orR*
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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IStt
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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usr
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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mnoKt or ooneuBi.
18M
Mjyite,ltlSw
H. 6P R»
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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hUtmal IntpTov$nSU9»
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.
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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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im
wsm^^m GB ^ioifsmm
UM
U*afm,m^
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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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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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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H. OF R.
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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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hUef'tuMl Jhttptovivwnt^,
SF» 6v R^»
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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HBXrOKrOF CONGRBBS.
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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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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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Mimofi, ISIfe.
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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HISTORY OF CONOKBSSv
1S68
ICabob, 1818.
Memal lrnprovemeiU9.
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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JAM
SKHEQRT OV^CCm&Bam.
ISM
H»orIL
Inksmal hnfrovmutUi.
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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mmovi. or cosroMffa
im
1818.
Inismttl /infrpiwinwln.
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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HISTORY OP CONGRESS.
1364
H. OP R.
hUemeU Improvemente,
March, 1818.
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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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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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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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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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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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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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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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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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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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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1383
HISTORY OF CONGRESS.
1384
H. OF R.
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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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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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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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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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
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HBROBT OF.OOirQ&196&
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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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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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SKMKKRI OF C0|feRBS9.
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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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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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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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HIBTOBT OF OOiraBESS.
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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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UtatoB. 1818.
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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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HISTORY OF CONGRESS.
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H. OP R.
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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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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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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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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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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HI8T0BT OF OOlCaBBSB.
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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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HI8T0RT Of G0NaSB88.
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]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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USB
msioET OF (xmctBoma.
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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1437
msraRT of ookobbss.
US8
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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1439
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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14*]:
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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1448
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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1446
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"
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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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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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SHKCOBX ot coxeins.
14m
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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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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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HISTORY OF CONGRESS.
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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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HISTORY OF CONGBESa
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Makob, 1816.
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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HISTORY OF CONGRESS.
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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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SIBTOB?' OF OOXOSBflB;
um
Mtwrn, 1618.
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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li«6
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Spamkk Amene^n Prwincm.
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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HBBTOBY OP CONGRESS^
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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1473
mSTORT OF OONaRESS.
1474
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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1476
HI8T0BT OF OOKaRBSS.
1476
R.o#R.
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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1477
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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1479
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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1481
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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1488
HIBTORY OF CONaRBS&
1484
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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1486
HISTOBY OF CONQRBSa
1488
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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HiarOBY OF CONaBBS&
1486
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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1488
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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1491
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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1408
HISTORY OF CONamSSB.
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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1495
HISTORY OF CONGRESS.
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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UST
filfiffOBT OF OONeSOISS.
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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14M
maaxm of ooRCOSBSt.
im
ILorR.
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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1601
mBTDRT OF covaEBse.
1602
MawB,l81S.
jspantfii AmtrMMM /tommm*
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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H.of E«
apanM A^neriean JPra9i$ie$§^
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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HI8!E0AT OF CONaRBSS.
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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160T
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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HISTORT OF CONGRESS.
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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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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16U
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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im
HI»T0B7 OF CIOirGBB0&
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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16S»
HIQ1X>&T OF OOKGRBSS*
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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iSfit
msi^Et^ OF ooira^KSfls^
im
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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HlfiflORy OF GON^EBSS^
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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16S1
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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168S
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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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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HISSOKT OF ooNeitass.
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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HI6T0BY OF OONGRBSS*
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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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HS9I0RT OF OOKGfiBSB.
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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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1616
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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1647
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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1«61
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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xsm
HZSTOBY OF CONGrElS&
Utacu,lSSB.
SpaniA American Pnmnett.
«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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1W6
mSTOBT OF CONGRBSS.
1&56
H. or R.
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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1667
HISTORY OF CONGEESS.
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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icn
fiXSTOBT OF CONOEESB.
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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i6ei
HSBRfDBT OF e03iOaB8&
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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U6S
HISTORY OF CQNOSMa
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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1561
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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IM7
mmxiiSiY o^oamtOiB^
SMI
B.o»B.
PfOCttOkM^*
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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HBBTORT OF C0NGRBS8.
1670
MAUCMylBlB.
9panM0h American Fr&vmoe&.
H.oi'tl.
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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March, tSlB.
Op&tMh AlHtfXdiM Jrt^&9ittC0$»
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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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HISTOBT OF CONORESa
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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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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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HIST0&7 OF (XmiKKBm.
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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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WmOBY OF COVeHESB.
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Anopiaat^ jPrMlMifk
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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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HI8X0BY OF «01fOBE8B.
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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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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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wofscm oFocmimsm*
xm
H« o^Bi*
Q*^^^^^^
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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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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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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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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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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itorR:
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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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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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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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HlffEDBT OF COMOBfiSB.
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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1M7
HISTOBY OF CQN0H]SflHBL
16fiB
H.opE«
S^IHMmah American Frvmncee.
BfASos, 1818.
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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1609
HISTORY OF CONaRESS.
1610
lliiOH, 1818.
Spanith American Pnmnces.
H. OF R.
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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IflU
HIST0E7 OP ooimRBsa
Ida
H.orR*
Spmmki Jhmeriom' Proitlmpim
M4SCB|iaia.
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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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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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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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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un
HKOORT OF CONQRBai&
itaa
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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1623
HISTORY OF CONGRESS.
1624
H. OP B.
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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lese
HISTOBT OV CONOBBSS.
18M
MiBOB, 1818.
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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Bmmax or oasmmB.
i^m
iHdrlt
VUmoti,lWB>
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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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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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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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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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,
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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
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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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1651
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 $18,000 " for an om^
t and one year's salary of a Minister to the Uoi*
ted Provinces of the River Plata, the outfit to he
paid and the salary to commence whenever the
President shall deem it expedient to send a Mift«-
ister to the Gh>vernment of the said provineea.'*
Mr. Andbeson made this motion not with ma
idea of a different result, bat in consideration of
the great importance of the question, on which it
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HISTORY OF CONORBSS-
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BIabch, 1618.
Spaniih AfMrican Province$.
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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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.
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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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1663
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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16S5
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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1667
HISTORY OF CONGRESS.
IMS
H. or R.
Bhti&n to ih6 Bfoiotm
Apbil, 10t9.
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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1M»
HIBg?OBY OF ooimiuiss.
1670
MmLf 18i8.
t0 ^ Bram.
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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1»71
HIBTOaT OF 0ONOIUI8&
1«72
H.opR.
MUiUa Pay^SemmoU War.
Apbil, 181t.
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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HISTOBT OP CONGRESS-
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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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HISTORY OF CONGRESS,
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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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BISTORT OF CONGRESS.
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Aj«iL»i8ia
Suae of lUmai0 hUemal ImprovemenU,
H.or R.
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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HISTOET OF 00NOBSS8.
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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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mSTOBT OF CONGRBSS.
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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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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^
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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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1689
msTOBT 01* caNORssa
1499
AnuL, 1818.
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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HlffrOBT OF CONOaBSS.
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H«ovR«
Na^
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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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mSTOBT OF COnGRMS.
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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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.
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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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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.
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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
Digitized by
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1707
HISTORY OP OONGRBSa
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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M09
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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HI8T0RT OF CONQRBSS.
ma
H.orR.
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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1713
HBSTORT OF OOlfGRBSS.
1714
AnuL, 1818.
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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1715
fflSTOKT OF OONGRBBS.
17W
H. ofR«
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.
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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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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
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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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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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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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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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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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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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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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17417
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
Digitized by
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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
Digitized by
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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
Digitized by
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1755
BEESt^OfiT OF OOlP&llttSi.
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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17S7
HIEQPOBT OF COVOaBBB.
1788
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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HISTOBT OF COirOBBSB.
vm
B*ov&.
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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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
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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-
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mSTOBT OF^Ot^eRBSt.
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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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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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m9
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-
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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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jtn
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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1TT9
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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Supprmion ^ Pinaticfi EskMi»hment$.
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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1791
JLPPBNDDL
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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18M
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.
Digitized by
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18l>
JiSBSKBtt,
mk
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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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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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APPENDIX.
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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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AFPUiSIX.
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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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AFFEZ^IX«
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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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1823
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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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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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*
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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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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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hj btfon that Bmim a NfMfft MOifrtd tnm ibt
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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
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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
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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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APPENDIX.
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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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IMt
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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1868
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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1816
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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imi
1M&
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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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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ABF9BKI>nL
ises
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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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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APPiaroiK.
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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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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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MteBendenee rftk$ SpotM^ Ptowintti.
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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APPHNDIX.
1890
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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APFSK&EL
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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jLP^wsmz.
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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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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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Mkgial Alii#m<wl». Amtiia JWmA
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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Bkf^ Armmmeiit^-'A'mMa UtmtA.
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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Ml^al Annammi§^Ameiia Mand.
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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£FPSSnSEL
ism
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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1&18
Jr
wm ^dKa
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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JMegul
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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APFSBiDIX.
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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APPENDIX.
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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IMS
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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APPENDIX.
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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IHf
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MkftU iffUMHWBltw'^^Jw^WflW
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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1M0
Hkg^ Amamewi^—Amdia Mmd.
[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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IHl
AFPIKDiaL
INt
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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1M7
J^HSShJK,
mt
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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1M9
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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1M»
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&£&.
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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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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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ABraDEDEL
vm
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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»KP9
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
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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
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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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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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]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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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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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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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^
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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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AFPENOEL
1994
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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mm
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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APpmiax.
i«iSi
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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IIM
APPniDrx,
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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aooi
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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AFiPIUVDIX.
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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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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APPffin>DL
QmditioH t^ Smth Awuriea.
2«6
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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A:RFl!irDIX.
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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AFPBSfDUL
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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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AI*PBNI>IX.
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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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AJPBESSDEL
20811
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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APPBETDIZ.
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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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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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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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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AFPHRDI2L
2M0
CMKtim rf South America.
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-
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£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-
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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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AEBWDIX.
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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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AFtmfDIS..
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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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2Qfn
A:pvmBa^
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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AS9BSiyiJL
20«t
^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.
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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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CkmdUum &f South America.
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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f^OfuUticfi tf Sdtiih iliiiii iccu
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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OmUtion. qf South Ameriea.
^OM
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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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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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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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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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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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^
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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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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
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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-
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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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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.
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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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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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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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APPMIMX.
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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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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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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.
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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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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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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
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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
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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
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•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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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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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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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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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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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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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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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.
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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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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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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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APPENDIX.
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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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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.
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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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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.
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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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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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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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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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APPENDIX.
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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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JJfPJBMDH.
ai88
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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2190
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.
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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.
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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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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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(^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.
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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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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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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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ttlS
A7PENDOL
ssie
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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2217
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
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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-
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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^
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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;
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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
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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
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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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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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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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AFPaetnucs.
2M6
Cbndiffon ^ South
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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APBBSDTX.
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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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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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.
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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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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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APPENDIX.
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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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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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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.
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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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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*
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Ammsom.
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.
I
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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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JLPVSSVEL
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.
Digitized by
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JS77
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
Digitized by
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8270
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-
Digitized by
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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.
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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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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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2m
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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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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Condition tf South Ameriea.
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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.
Hb proposals were treated with eontevp t by
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CmidMm of South Awurita.
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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AFRBIDIX
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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tni
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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S»fi
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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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
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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
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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,
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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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<«!• ikvmm imm.
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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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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APOBXHBL
-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
^ $355,767 86
That funds were provided for the payment of the Treasury notes, which, by the last report to the
board, remaioed unprovided for and unpaid; and that the examination, cancelment, and final ad-
JQstraenc of that medium of circulation is in full operation at the Treasury.
That all temporary loans have been discharged.
That agreeably to the act passed last session, and in pursuance of the directions of the board, all
certificates for funded stock redeemed that bad been issued are in a coarse of beins cancelled and
destroyed. *
th^i!l*i!21°* ^Vy^^ ?.!* a?n«^f <>> which exhibits the amount of the debt of the United States oq
me 1st January, 1818. All which is reapectfuliy submitted. WM. H. CJEtAWFORD.
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2846
APFENDDL.
2SM
Jhdidginte fo Purckoien of PnbUe La$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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3M7
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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9S4»
APBmmJs^.
aafio
Stttiewunt of BiMic AeecmU.
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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SMmmt ofFMic AceamU9.
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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MMMmU€fPMic
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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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,
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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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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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APEBaanL
SI70
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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2S7t
AFFBSTDIX.
S872
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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un
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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3577
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
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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
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APPENDIX.
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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-
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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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APPBNDEL
2S88
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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2S89
JkPPINDDL
SMO
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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am
APFENDEL
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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AFKBSDIX.
MM
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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Sttfi
AFFonniix;
CMm of tSarm de BsoMmarx^&U.
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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IMT
28M
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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%m
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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9401
AFPBNBIX.
240S
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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U9»
AfSPSIfDIS.
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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940$
' I
uos
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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APPENDIX*
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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8409
APPBNDDL
S410
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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MU
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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JiLPVSKDISl.
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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MU
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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8417
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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M31
A^^VSMl.
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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8428
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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APFENBIX.
2429
Claim 0f Canm de Beaumardiak.
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*
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Mifmmm.
2iU
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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J^tmOilSi,
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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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V^NViff^ ^p' 7*^^^^ '^ww j^B^WI^^*^W ^WPWW^^i
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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a4»7
APPBXDEL
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
Digitized by
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2448
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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3*46
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
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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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SM9
ABVmXDTL
Jhtnef oftheCkmai.
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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sin
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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«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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Smveg of^ke-Cbmt.
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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2458
Amwy efik$ ChaM.
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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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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9U»
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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Alflf
ArBflMli^VSfeW
O^mpe pf $k$ Jl/mritime AhmiImw
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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ikfmm of4lk» MariUme ^VmiH0t.
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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«n
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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2478
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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un
japimmsL
uu
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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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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^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
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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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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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APPENDEL
2604
TVuil of CapUdn CreigkUm.
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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2607
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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ABEBBTDIX
ISU
PuNie Act$ (f Congrem.
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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AFmniiix.
uu
F^Mh /kt$ of ikrtngf^i*
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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AFFBITDIS:.
8518
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.
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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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PwUio Aetf of Ckmgnm.
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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APPEBXDIK.
SStt
PMic AsU cf Ooi^inm.
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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AFPBNDIX.
2580
FMic AeU of Congr^M.
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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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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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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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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B Tretsmrr, on
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•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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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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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.
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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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AFFESDIX^
^64
Pmklic AcU of Oongftu.
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*
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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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WUB
AMc. ACU ^ CbiiiMii.
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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AJPPBSaXOL
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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PMie Amu cf iki^gmm.
•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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PMUA^Uofi
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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APPBNDIX.
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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JkPPIHBDL
SMS
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
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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
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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-
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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
Digitized by VjOOQ
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fMte AeU tf Conttett,
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.
Digitized by
Google
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A^FJOIDIOL
SS7S
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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IHMe AtM ^ angrm.
to
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,
Digitized by
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APPBNDEC.
S6la
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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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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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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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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^^8
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-
Digitized by
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2597
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$9 atsemblecL That the Joornala of the
Convention which formed the present Cooscim-
tion of the United Scales, now remaining in the
office of the Secretary of State, and all acu and
pyroceedifigs; of that Coi^vaajUoo, which ntm^ im
the possession of the Qoiemnent of the UnitM
Sutes, together with the secret journals of ^
acu and proceedings, and the foreign correapon;
deoce of the Congress of the Uaited States, ijr«q^
the first meetioff thereof down to the date of tj^
ratification of the definitive Treaty of Peace k^
tween Great Britain and the United Sutes,iii th«t
year seventeea hundred and eighty-three, exiocff^
auch parta of the said foreign correspoadeBoe Uk
Ibe President of the United Sutea may deeoL^
Improper at this time to puhlish. And, that om
thousand copies thereof be printed, of whioh, qm
copy shall he furnished to ea^h member of ti^
present Congress^ and the reaidue shall reinyai^
aubieot to the future disposition of Congreaa.
: Approired, Mi^oh 37, 1818,
iResolution dhrectin^ the dlsCrihution of the lawa ef ^
Fourteenth Congress among the Memban of dW
Fiftapnth Congress.
Resetted bu the SntaU ati4 Hptm </Bmm
4eiUatfi9e9 ^tke UniUd States. qT AmeriS!^
Omgrem assembled, That the Secretary of thii
Senate and Clerk of the Kouae of IU(raeafa«
tives be directed to procure froan the oaeretM;
'of Sta^e as naa^iy copies of the laws of the Foa»i
teenth Congress aa ^11 be necessary, and to dis-
tribute one copy thereof to each Senator, Repre-
8enutive,and Delegate from the Territoriea, of
ltkH» Fiftseolh Coi»giaM who hivaM hMM ««ii
plied therewith.
Approved, Mffch ?7, 1818.
BesohitiQB difeelipg the Seoataiy fl# 9laMoa thaJTiN
p«jtmeat of dtate to pniNura aaladaxW itmAm
and Resolutieaa of Cmigj^ae^ afiar tJI^ chwof ewm
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2001
Asmmm^
2fim
Rmbii!m$ 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
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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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INDEX
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
Digitized by VjOOQIC
Ul
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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INDEX.
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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HCDBX.
m
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
Digitized by VjOOQIC
%l
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
Digitized by
Google
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
Digitized by VjOOQIC
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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Google
X¥ll
MDGEX.
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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TSDESL
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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INDBX.
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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INDBX.
xift
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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XX?
INDBX.
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
Digitized by
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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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xx^
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.)
Digitized by
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mOEK.
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
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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
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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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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
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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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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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xljjt
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
Digitized by
Google
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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INBBX.
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Howe Proceeding9 and Debates.
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
Digitized by
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Iv
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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Botttte Pt^<»Bdii%g9 and Deb€Ues.
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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Home Proc$Miig9 catd Dthates,
Imports and Tonnage— eontiatied. Pag*.
a bill to oontiniie in ibrce for a limited tine
the fourth paragraph of the firet eection
of the act to regulate duties on, read
tTtiee, 6k, . . • • ^ . 86^
ordered to a third reading • . . . 1748
read a third time, and peeced ... 1744
returned from the Senate with amendmente,
and concuiTed in - • -. - • 177V
a bill juppiemental to the act to regnlate the
collection of duties on, read twice, dbo. - 866
a letter from the Secrets^ of the Treasury
res]pecting eertain 1448
. ordered to a third reading . » . 1726
read a third time, and pMsed - . . 1739
Impriionment of citisens of the United States by
Bf^Sah oorrespondenoe on the enbj«ct of 1958
Indian A£Burs> appoulnmil of a select commit-
tee on 406
r«p<Mrtoftheeame ..... 451
indiaB Agents, a bill from the Senate directing
the manner of appointing, dee. • - 824
read twice, and referred .... 829
reported without amendment ... 854
ordered to a third reading • . • • i072
read a third time, and pained ... 1676
Indian Agento and Factors, a bill from the Sen-
ate fixing the compensation of • - 1736
read twice, and referred .... 1739
reported without amendment, and ordered
to a third reading 1764
read a third time, and passed ... 1769
Indian Claims, a bill making appropriation to
extinguish certain, read twice, d^c. - 1393
Ingham, Mr., remarks of, on the bill for remission
of certain duties 822
on the supplemenul Bank bill - - - 1751
Interest on Clamis, discussion on the subject of
allowing 531
Internal Duties, 4&c., the annual statement rel-
ative to 406
a bill to abolish, twice read, and refiBrred • 417
report of the Committee of Ways and
Means 424
bill ordered to a third reading ... 430
read a thiid^time, and passed ... 443
returned from the Senate with amendments 46$
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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Hou$e Proceedings and Debaiee*
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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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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
Digitized by
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INDEX.
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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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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iKxr
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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Ixxix
INDBX.
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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IXKCi
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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Izxxiti
INDBX.
IXMOf
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
Digitized by
Google
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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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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