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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through I lie lull lexl of 1 1 us book on I lie web al |_-.:. :.-.-:: / / books . qooqle . com/| ;i MJ . A J IS C7X #v .y. ' ~* *, f ,t .^/-J ' <. >•' , 1 I ■» THE * * --H CONGRESSIONAL REPORTER, < # CONTAINING THE PUBLIC DOCUMENTS, AND THE *«. DEBATES ON ALL INTERESTING QUESTIONS AGITATED DURING THE 'SESSION, * # COMMENCING - OK THE FIRS^pDNDAY OF NOVEftfityHt, 1812. PUBLISHED IN CONCOBD, N. H. Ry I. & W. R. HILL, at the PATRIOT OFFICE. m ;:r ADDRESS TO THE PUBLIC. / VOLUME n. ■yv/N/w/v/v/w/v/v/v^ .\ - THE patronage afforded to the publishers of the former vol- ume together with the increased interest and emphasis which are placed by all political parties on public official documents* have induced the subscribers to offer proposals for renewing, with the present session of Congress, the publication of the Congres- sional Reporter. The plan qf the proposed volume will be similar to that of the last, with the difference only that the pub- lic documents and the debates in Congress will be given in sep- arate numbers, so that each when bound will form part of a vol- ume by itself. As in the former, so in this volume, the most rig- id impartiality will be observed in giving the entire documents and speeches, whatever party they may favor, on all questions in which the policy and measures of the government, in regard to foreign nations, or to affairs of great domestic concernment, may be involved. At this momentous crisis, it is presumed a publica- tion on this principle and with these objects, will not fail to merit and receive a munificent and ample patronage from an enlightened public. * The conditions of publication arc— that each number, contain- ing sixteen large octavo pages, will be furnished at the moderate price office eents 9 (the postage to be deducted) payable when 'the volume is completed ,•— that a deduction of 12 1-2 per ceni will be made to those who procure and become responsible for more than te.n subscribers ; — that m person, wishing it, may, when finished, 6c furnished with JPI volume neatly bound and lettered for the additional sum of thirty cents. r i.ar ^.r.hill. BcQftriber 1, 181Z* * • • to-U-40 TH # 4lOtO AL BEPORTER. PART I....PUBLIC DOCUMENTS* m II If I I m il ■! ml I " "n II ' I l 910] B3BB No. 1.] Twjbxffh Congress.... Second Session. [1812 — 13. President's Message* * Washington City, Nov; 4. The Prdident of the United States this day communicated, by Mr. Coles his private Secretary, the following Meffage to Congress : Fellow Citizens qfthe Senate, und Rouse of representatives, ON our prefernt meeting it is my firft duty to invite your at- tention to thq providential favors which our country has expe- , rlented in the unufual degree of health Idifpenfed to its inhabit- ants, and in the rich abundance with which the* earth has re- warded the labors bellowed on it. In the fuccessful cultiva- > tion of other branches of induftfry, and in the progrefs of general improvement favorable to the national profperity, there is juftoc- cafion alfo for our mutual congratulations and thankfulnefs. With thefe bleffings are neceflarily mingled the preflures and viciffitudes incident to the ftate of war, into which the United States have been forced by the perfeverance of a foreign power, in its fyftem of injuftice and aggreffion. Previous to its declaration, it was deemed proper, as a meaf- , $ ure of precaution and fbrecaft, that a confidence force (hould be placed in the Michigan territory, with a general view to its fecurity , and in the event of war, to fuch operations in the upper- moft Canada as would intercept the hoftile influence of Great Britain over the fa vages, obtain the command of the lake on which that part of Canada borders, and maintain co-operating relations with fuch forces as might be moft conveniently em- ployed against other parts. Brigadier General Hull was charg- ed with this provifional fervice, having under his command a body of troops compofed of regulars and volunteers from the State of Ohio. Having rea<£ti his deftination after his knowl- edge of the war, and poffeffingwcretionary authority to aft of- fenfively, he paffed into the neighboring territory of the enemy with a profpeflk of eafy and victorious progress. The expedi- tion neverthelefs terminated unfortunately, not only in a retreat to the town and fort of Detroit, but in the furrender of both, and of the gallant corps commanded by that officer. The caus- es of this painful reverfe will be inveftigated by a military tribun- al. A difUnguifhing feature in the operations which preceded and I 4 CONGRESSIONAL REPORTER. followed this adverse ev^nt, is the ufe made by our enemy of the T^iercilt fs favages uncfcr their influence. Whilft the beneV- olent r policy of the, United States, invariably recommended peace, and promoted civilization, among. that wretched poftion. of the human race ; and wa^ making exertions to diflbade them from taking either fide in the war, the enemy has not fcruplecl to call to his aiitheir ruthleft ferocity, armed with the horrors of thole inftruments^kcarnage and torture, which are known to fpare neither age nor lex. In this ^outrage againft the laws of honorable war, and against the feelings facred to humanity, the Britifh commanders cannot refort to a plea of retaliation ; for it is committed in the face of our example. They eannot miti- gate it by calling it a felf deduce against men in arms ; for it embraces the mod fhocking butcheries oi defenceless families- Nor can it be pretended that they are not anfwerable for the a- trocities perpetrated ; fince the favages are employed with a knowledge, and even with menaces, that their fury could not be controlled. Such is the fpe£\acle which the deputed authori- ties of a nation boafting its religion and morality, have not been rt (trained from pretexting to an enlightened age. The misfortune at Detroit was not, however, without a con- foling fc effect* It was followed by fignal proofs, that the nation- al fpirit rifes according to the preffure on it. The lofs of an im- portant poll, and of the brave men furreftdered with it, infpired every where new ardor and determination. In the States and dif- trifts leaft remote, it was no fooner known than every citizen tvas ready to fly with his arms, at once to protect his brethren a- gainst the blood-thirfty favages let Ioofe by the enemy on an ex- tenfive frontier ; and to convert a partial calamity into-afource of invigorated efforts. ' ~ \ This patriotic zeal, which -It Wa$ necessary rather to litjnt th^n excite, has embodied an atiiple force from the ftates of Ken- tucky and Ohio, and from pjarts of Pennfylvania and Virginia.^ It is placed, with the addition of a few regulars under the* command of Brigadier General Harrifon, who poffeffes the en- tire confidence of his fellow fokliers, among whom are^ citizens, fomc of them volunteers rn the ranks, not lels diftinguifhed by their political ftations than by their perfonal merits. The greater portion of this force is proceedh^pn its deftination towards the Michigan territory, having fucdflBed in relieving an, important frontier poll, and in feveral incidental operations againft hoftite tritKsof favages, rendered indifpenfable by the fubferviency in- to which they had been feduced by the enemy ; a feduflion the more cruel, as it could not fail to impofe a ne'eeffitjr of pre- cautionary feverities againft thofc who yielded to if. At a recent daite* an attack was made on a poll of the enemy near Niagara by a detachnient of the regular and other forces, -under the command of Major General Van Rensselaer of the mi- litia of the State of New York. The attack,, it appears, wasor* r CONGRESSIONAL REPORTER.. dered in compliance with the asdorof the trdops, whp executed it with diflinguished gallantry, and were for a time vi£lorious, but nbt receiving the expe&ed fupport, they were compelled to. yield to reinforcemt nts of Brhiih regulars and favages. Our loss has been confiderable and is deeply to.^e lamented. That of the enemy, ltfeafcertaincd, will be the more fcjt, as it in- cludes among the Hilled the.coiflmaoding general, who was alfo the governor of the province; and was fuftained by veteran troops, from unexperienced foldiers, who muft daily improve in the duties of the field. Our expectation of gaining the dommand of the lakesi by the , invasion of Canada from Detroit, having been difappointed, mcafures were inftantly taken. to .provide,. on them* a naval force fuperior to that of the enemy. From the talents and activity of the officer charged with this object, every thing that can be done may be expe&ed — Should the prefent feafon not admit of complete fuccefs, the progrels made will enfure for the next a naval afcendency, where it is effential to our permanent peace with, and control oyer the lavages. I Among the incidents to the meafures of the war, I am con- | Jlrained t© advert to the refusal of the Governors of Maflachu- .Tetts and Connecticut, to furnifh the required detachments of militia towards the d.etence of the maritime frontier. The refufal wasfounded on a novel and unfortunate expofi. tion of the provisions of the qonftitution relating to the militia* — The correfpondencics which will be before you, contain the requisite information on the fubject. It is obvious, that if the authority of the United States to call into fervice and command .. the militfa for the public defence, can be thi/s frustrated, even in a state of declared war, and of courfe under apprehenfion of invafion preceding war, they are not one nation for the i)ur* pofemou of all requiring it; and that" the pyblic fafcty "may have po other refource, than in thofe Jarge and permanent milita- ry establifhments which are forbidden by the principles of our free government, and againft the neceffity of which the militia were meant to be a conftitutional bulwark. . On the coafls, and on the ocea^he war has been as fueceft- Ail as circumftances infeparaWe from its early ftageji could prqm- I ife. Our public Ihips and private cruizers, -"fay their activi- ty, and where there was ocqafion, by theitf intrepidity i have made the enemy fenfible of the difference between a recj- I procity of captures, and the long confinement of them to their side.— Qur trade, with fittle exception) has fafely reached our i. ports— having been much favored in it by the courfe purfued by a fuuadron of our frigates, under the command of Commodore | Rdflgers. And in the inftance, in which skjill and bravery | ; were more particularly tried with thofe of*rhe enemy, the ^ A- ! merican flag had in aufpicious triumph. The frigate Constitu- ' tion, commanded by Capt. Hull, after a clofe and fliort engage- ment, completely disabled anefcaptured a Britilh frigate ; gain- i 6 I CONGRESSIONAL REPORTER. ing for that officer and all on board, a praife which cannot be too liberally bellowed ; not merely for tfye victory actually at- chieved, but for that prompt and cool exertion of commanding talents, which, giving to courage its higheft character, and to the force applied its lull effeft, proved that more could have been done in a conteft requiring more. Anxious to abridge the evils frbm which a ftate of war cannot be exempt, Iloft no time after it was declared in conveying to to the Britifh government the terms on x&tnch its progress might be arretted, without awaiting the delays of a formal and final pa- cification. And our charge d'affaires at London was at th€ fame time, authorized to agree to an armiftice founded upon them* Thefe terms required, that the orders in council fhould be repealed as( they affe&ed the United States, without a reviv- al . of blockades violating acknowledged rules ; that there fhould be an immediate difcharge of American feamen from Britifh (hips ; and a flop put to impreflments from American (hips, with an underftanding that an exclufion of the feamen of each nation from the (hips of the oth^r fhould be Jlipulated ; and that the armiftice (hould be improved into a cl< finitive and com- prehenfive adjuftmtnt of depending controverfies, Although a repeal of the orders fufceptible of explaraticns meeting the views of this government, had taken place lit fore this pacific advance was communicated to Great Britain, the advance was declined, from an avowed repugnance to a fufpen- fion of the prafilideof imprtffment during the armiftice, and without any intimation that the arrangement propoted with reC- pe£t to feafrun would be accepted. Whether the fubfequent communications from this government affording an occafion for re-confidering the fubjedV, on the part of Grest Britain, will be viewed in a more favorable light, or received in a more accom- modating fpirit, remains to be known. It would be umfafe to relax our meafures, in any respect, on a prefumption of fbch a refult. The documents from the # department of State, which relatef to this fubjefiV, will give a view alfo of the propofitions for an armiftice, which have been i|tfkived here, one of them from the authorities at Halifax and Canada, the other from the Brit- ifh government itftlf, through Admiral Warren : and of the grounds upon which neither of them could be accepted. Our affairs jvifh France retain the pofture which they hcM in my laft communications to you. — Notwithftanding the authorif- ed expe&ation of an early as well as a favorable iflue to the dif- ' cuffions on foot ; thefe have been proc r aftihated to the 1 ateft date. The only intervening occurrence meriting attention, is the promulgation of a French Decree purporting to be a d£fi. nit§ repeal of the Berlfti and Milan Decrees. This proceeding, plthough made the ground of the repeal of the British Orders . i CONGRESSIONAL REPORTER. in Council, is rendered, by the time and manner of it, MM: to many objections. ^ , ' ' ¥ The final communications from our fpeoial Minifter to wen-, mark, afford further proofs of the good effrfcts of his million, arid of the amicable difpoQtion of the Danifh Government. From Ruffia we have the fatisfaftion to receive aflurances of con- tinued friendship, and that it will riot be affected by the ruptures between the Unijed States and Great Britain. Sweden alfo. profeffes fentiments favorable to the fubfifting harmony. With the Barbafy powers, excepting that of Algiers, our af- fairs remain on the ordinary footing. ' The Conful General re- filling with that Regency has fuddenly, and without caufe, been banifhed, together with all the American citizens found there. \ — Whether this was the transitory efle£t of capricious defpotifm, or the firft a6l of predetermined hoftility, is not afcertairfed. Precautions wete taken by the Conful, on the latter fuppofition.' *- The Indian tribes, not under foreign inftigations, remain at peace, and receive the civilizing attentions which hare proved fo beneficial to them. With a view to that vigorous profecution of the war, to. which ourn&tional faculties are adequate, the attention of } con. . grefs will be particularly drawn to the infufficiency of theexift- y ing provifions fulfilling up the military eftahlifhment. Suph is the happy condition ofour country, arifing from the facility of fiibfiftence and the high wages for every fpecies of occupation, that notwithftanding the augmented inducements provided at the laft feffion, a partial fuccefs only has attended the recruiting fervictfT The deficiency has been neceflarily fupplied during the campaign, by other than regular troops, .with all the incon- veniences and expences incident to them. The remedy lies, in eftablifhing, more favorably for the private foldier, the propor- tion between his recompence and the term of his enliftment. And it is a fubject which cannot too foon or too ferioully be ta- ken into confideration. ' The fame infufficiency has been experienced in the provifions for volunteers, made by an act of the laft feffion. The recom. penfe for the fervice required in this cafe,, is ftill lefs attractive than in the other. — And although patriotifm alone has fen t into the field fome valuable corps of that defcription, thofe alone who can afford the facrfiice, can reafonably be expected to yield to that impulfe. It will merit confideration alfo wlfether, as auxiliary to the frcurity of our frontier, corf>$ may not be advantageoufly organ* ized with a reftriction of their fervices to particular diftricts con- venient to them. And whether tfye local and occafional fervices of mariners and others in the feaport towns, under a flmilar organization^ would not be a provident addition to the means of their defence. . • . ¥ I recommend a provifion for an increafe of the general offi* cers of the army, the deficiency of which has been iUuftrated f 8 CONGRESSIONAL REPORTER, by ttojpumber and diftance of leparate commands, which the-* courHlof the war and the advantages of the fervice have required. And I cannot prefs too ftrongly,on the earljeft attention of the Legiflature, the importance of the re-organization of the ftaff eftablifliment ; with a view to render more diftinQ' and definite the relations and refponfibilities of its feveral departments. — That there is room for improvements which will materially pro- mote both economy and fuccefs, in what appertains to the army, aind to the war, is equally inculcated by the examples of other countries, and by the experience of our own. A revifion of the militia laws for the purpofe of rendering them more fyftematic, and better adapting thern to the,* emergencies of the war, is at this time particularly desirable. » Of the additional' (hips # authorised ^ to be fitted for La, two will be (hortly ready to fail ; a third is under repair and de- ^k lay will be avoided in the repair of the rcfidue. Of the, appro? ^ priations for the purchafe of materials for fhip buitfling, the greater part has been applied to that object, and the purchafes will be continued with the balance. ', The enterprifing fpirit which has chara&erifcd our naval force, and its fuccefs both inreftraining Muhs* v and depredations .oh our coafts, and inreprifalson the enemy, will not fail to re- Commend an enlargement of it. There beingireafon to believe that the ac£ prohibiting the acceptance of Britiljji, licences, ii not , a fufficient guard againft the ufe of them for purpofes favorable to theinterefts and views of the enehiy ; further provitions on that fubject are highly important. Nor is it . lefc fo that penal enactments fhoukl be provided for cafes of corrupt and p$rfidi^ ous intercourfe with the enemy, not - amounting to ireafon, nor jet embraced by an y ftatutory provifions. A confiderable number of American veflelS were in England ' when the revocation of the Orders in Council took place, were liiden with Britilh manufactures, under an erroneous impreffion that the nbn-importation act would immediately -ceafe to oper- ate, and have arrived in the United States. It did not appear proper to exefcife, on unforefeen cales of such magnitude, the;- ordinary powers vt fled in the treafury degprtment to mitigate forfeitures, without previoufly affording to congrefs an opportu- nity of making on the fubject fuch provifion as they may think proper. In their decifidn they will doubtlefs equally confult what is dbe to equitable confideratibris and to the public in- tereft. The receipts into the Treafury during the year ending the SOth day of September laft have exceeded fixtcen millions and a half of dollars ; which have been fufficient to defray the de- mands on the treafury to that day, including a neceffary reim- burfement of near three ^ millions of the principal of the public debt. In thefe receipts is included a fum of near 5,850,000 dollars received on account of the loans atithorifed by trie acts CONGRESSIONAL REPORTER. 9 of the laft kflion : the whole fum actually obtained on loan, a mounts to 1 l.Q00,000 dollars, the refidue of which, being re ceivable fubfequent to the 30th of September laft, will together with th. current revenue, enable us to defray all the expenfes of this year. , / . v The duties on the late unexpected importations of Britifh manufactures will render the revenue of the enfuing year more productiv^than could have been anticipated, / The fitualion of ou> country, fellow-citizens, is not without its difficulties ; though it abounds in animating ponfiderations of which the view here prefented of our pecuniary rcfourcesfc an example. With more than one nation, we have ferious and unfettled controverfies : and with one powerful in the means and habits of war, we are at war. The fpirit and ftrength of the nation are, nevertheless, equal to the fupport of all its rights, and to carry it through all its trials^ They can be met in that confidence. A* boveall, # we have the ineflimable confolaiion of knowing, that" the war in which we are actually engaged is a war neither of ambition nor of vain glory ; that it is waged, not in violation of the rights of others, but in the maintenance of our own ; that it is preceded by a patience without example, under wrongs accumulating without end ; and that it was finally not declared until every hope of averting it was t xtingutfhed, by the transfer of the Britifh feeptre into new hands clinging to former coun- cils ; and until declarations were , reiterated to the laft hour, through the Britifh envoy here ,that the hoflile edicts againft our commercial rights and our maratime independence would not be revoked—- nay, that they would not be revoked, without violat- ing the obligations of Great-Britain to other powers as well as to her own interefta To have fhrunk, under fuch circumftances, from manly re- fi'ftance, would have been a degradation blafting our beft and prouflcft hopes ; it would have ftruck us from (he high rank, where the virtuous ftruggles of our fathers Jiad placed us, and have betrayfed the magnificent legacy which we hold in truft for future generations. It would have acknowledged, that on the clement, which forms three fourths of the globe we inhabit, and where all nations have equal and common rights, the American people were not an independent people, butcolonifts and vaflals. It wasat this moment, and with fuch an alternative, that war was chofen. The nation felt-the neceffity of it and called for it. The appeal was accordingly made, in a jiift catife, to the juft and all powerful Being who holds in his hand the chaip of events and the dfftiny of nations. It remains only, that, faithful to our- felves, entangled in no connexions wuh the views of other powers, and ever readyto accept peace from the hand of juftice, we profecute the war with united counfelsand with the ample faculties of the nation, until peace be fo obtained, and as the only means, under th^divine bkfling, of fpeedily obtaining it* JAMES MADISON. Hfcocmbcr 4, J812. * . . s? Accompanying the President's Message to • Congress. | LETTERS From Mr. Monroe to Mr. Russell, Charge des Affaires in Great Britain. / f Extract of a letter from Mr. Monroe^ to Mr. Russell, datid " Junt c Z%th, 1812.' " THIS letter is committed to Mr. Foster who has promised to deliver it to you In safety. " On the 18th of this month, a declaration of war against .Great Britain passed Congress. I send you a copy of the act, of ., the President's Message, and of the Report of the Committee of Foreign Relations, which brought the subject under consideration. " This measure has been produced by the continued aggressions oftbe British government on the rights of the United States, and the presumption arising from that and other faqts which it is un- necessary to recite, that no favorable change of policy mjghi be expected from it. It'was impossible for the United States to surrender their rights, by relinquishing the ground which they had taken, and it was equally incompatible with their interests an res- lore those already Impressed, there is no reason why hostilities should not immediately ce,ase. Securing these objects, you are authorized to stipulate an armistice, to commence from the sig- nat lire of the istrument providing fop it, or at the end of fifty or sixty days, or otficr the shortest term that the British government >vill sssent to. Definitive arrangements will be made on these tuid every' other difference, by a treaty, to be concluded either here or at London, though it is much* desired that the subject should be entered on in this city. As an inducjement to the British government to discontinue the practice of impressment from our vessels, you may give assur- ance that a law will be passed (4 o be reciprocal) to prohibit the employment of British seamen in the public or commercial service of the United States. There can bo no doubt that such an ar- rangement would prove muvh move efficacious in securing to. Great Britain her seamen than the practice to which it is pro- posed to be a substitute independent of all the other objections to it* " Indemnity for injuries received under the orders in council, and other edicts violating our rights, seems to be incident to their repeal ; but the President is willing that the consideration of that claim should not be pressed at this time, so as to interfere with the preliminary arrangement alluded to. It will be proper to bring it into view merely to shew that it is expected tfcat provi- sion will be made for it in the treaty which is to follow. * Every other interest may also be provided for at the same time. " It is hoped that the British government will find it consist- ent witty its interest and honor, to terminate the war by an armis- tice in the manner and on the conditions proposed. In so doing it will abandon no right, it will sacrifice no interest ? it will ab- stain only from violating our rights, and, in return, it will res- tore peace with the power from whom, in a friendly commercial intercourse, so many advantages will be derived, not to mention the injuries which cannot fail to result from a prosecution of the war/' Mr. Monroe to Mr* Russell. Dated Department of State, July 27, 1812. 81H, I wrote you on the 26th of June by Mr. Foster, a letter which he promised to deliver youan person or by a safe hand. In that letter you >?ere informed, that the orders in council and other illegal blockades, and the impressment of our seamen by Great Britain, as you well knew before, w^re the principal causes of the war, and that if they were removed, you might stip- ulate ah armistice, leaving them and all dther grounds of differ- ence, for final and more precise adjustment by treaty. As an in- * y 12 CON GRESSIONAL REPORTER . military movements incident to the war, and will add, that the! President is anxious to know, as. soon as possible, the result of the proposals you w%e authorized to make to tk$ British government, respecting an armistice. He considers them vo fair and reasonable, that he cannot but hope that they will bo acceded to, and thus be the means of hastening an honorable and permanent peace. rhavc the honor, &c. (Signed) JOHN GRAHAM.' Mi\ Graham to 'Me. Russell. Bated Department of State, August ioth, 1S12. \ SIR, Thinking that it may possibly be useful to you, I do myself the I honor to enclose a memorandum of the conversation between Mr» Baker and myself alluded to in my letter of yesterdays date. From a conversation with Mr. Baker since this memorandum was made, I find that I was correct in representing to the Presi- dent that the* information from Mr. Faster and the British author- \ 14 CpNGRESSIONAL 4 REPORTER. ities at Halifax was to be understood as connected with a sus- pension of hostilities on the frontiers of Canada. I have the honor, &c. JOHN GRAHAM. ' (Memwandum referred to in the above Utter. J ' Mr. Baker verbally communicated to me for the information of the president, that he had received despatches from his gov- eminent addressed to Mr. Foster, dated, I believe, about the 17th June, from which he was authorized to say, that an official declar- ation would be sent to this country, that the orders in council, so far as they aifected the United States, would be repealed on the 1st August, to be revived on the 1st May, 1813, unless the eon- duct of the French government, and the result of the Communica- tions with the American government, should be such as in the opinion of his majesty to render their revival unnecessary. Mr. Baker moreover stated, that the orders would be revived, provid- ed the American government did not, within fourteen days after they received the official declaration of their repeal, admit Brit- ish ;arined vessels into their ports, and put an end to the restric- tive measures which had grown out of the orders in council. The despatches authorizing this communication to the Amer- ican government expressly directed that it should be made ver- bally, and Mr. Baker did not consider himself at liberty to re- duce it, to writing, even in the form of a note verbal, or pro mem- oria, or to suffer me to take a memorandum of his* communica- tion at the time he made it. I understood from him, that the despatches had been opened by Mr. Foster at Halifax, who, in consequence of a conversation he had with viee admiral Sawyer - and Sir John Sherbrook, had authorized Mr. Baker to say that these gentlemen would agree, as a measure leading to a suspen- sion of hostilities, that all caffcures made after a day to be fixed, should not be proceeded' against immediately, but be detained to await the future decision of the two governments. Mr. Foster had not seen Sir George Prevost, but had written to him by ex- press, and did not doubt but that he would agree to an arrange- ment for the temporary suspension, of hostilities. Mr. Baker al- so stated that he had received an authority ffom Mr. Foster to act us charge ties affaires, provided the American government would receive him in that character for the purpose of enabling him of- ficially to communicate the declaration which was to be expected from the British government. His functions to be understood of course as ceasing on the renewal of hostilities. I replied, that Ji though to so general and informal a communi- cation, no answer might be necessary, and certainly no particular answer expeeted.Aet I was authorised to say that the communi- cation is reeeivecf with sincere satisfaction, as it is hoped that the spirit in which it was authorized by his government may lead to > i CONGRESSIONAL REPORTER. , 15 such further commuaications as will open the way, not only for an early and satisfactory termination of existing hostilities, bat to that entire adjustment of all the differences which produced them, and to that peace and solid friendship which ought to be mutual- ly desired by both countries, and whieh is sincerely desired by this. With this desire, an authority was given to Mr. Russell 6a the subject df an armistice as introductory to a final pacification as has been made known to Mr. Foster, and the same desire will befelt -on. the receipt of the furtlfcr and more particular communi- cations which are shortly to be expected, with respect to the joint intimation from Mr. Foster and the British authorities at Halifax on the subject of suspending judicial proceedings in the case of maritime captures, to be accompanied by a suspension of military operations. The authority given to Mr. Russell just al- luded to, and of which Mr.' Foster is the bearer, is full proof of„ *< the solicitude of the government of the United States to bring about a general suspension of hostilities on admissible terras, with as little delay as possible. It was not to be doubted, therefore, that any other practicable expedient for obtaining a similar result would readily be concurred in. Upon the most favorable consid- eration, however, which eould be given to the expedient suggest- ed through him, it did not appear to be reducible to any practical shape to whieh the executive ^vould be authorised to give it the . necessary sanction ; nor indeed is it probable that if it was less liable io insuperable difficulties, that it eould have any material effect previous to the result of the pacific advance made by this government, and which must, if favorably received, become op- erative as soon as any other arrangement that could now be made. It was stated to Mr. Baker that the Resident did not, under ex- isting circumstances, consider Mr. Foster as vested with the power of appointing a charge des affaires : but that ho difficulty v in point of form would be made, as any authentic communication through him, or any other channel, would lib received with at* tention and respect. N Extract of a letter from the Secretary of State to Mr. Russell; dated Department of State, August 21st, 1812. " My last letter to you was qf the 27th of July, and was for-, \ g warded by the British Packet, the Althea, tinder the special ;■ protection of Mr. Baker. The object of that letter, and of the i next preceding one of the 26th June, was, to invest you with I * Jk>wer to suspend by &n armistice, on such fair conditions as it was presumed could not be rejected, the operation of the war, which had been brought on the United States by the in- 1 justice and violence of the British government. At the moment N of the declaration of war, the President regretting the necessity , which produced it, looked to its termination an^l provided for it ; and happy will it be for both countries if the disposition \ \ 16 CONGRESSIONAL REPORTER. m felt, and the advance thus made on his part, are entertained an4 j met by the Britifh government in a fiar ilar fpirit. f You haye been informed by fylr. Graham of what paffed in my late absence from the city, in an interview between Mr. Bakcf and him, in confequence of \ clifpatch from the Britifh J government to Mr. loft are- applicable to it, in relation to the fiate of things which exifted before the determination of the United States to refill the aggreffions of tb6 Britifh government by war. By that determination jthe > relations between the two countries Vol.. IL— JMo, 2* documents. h ■ s. J "■'■- - — — J 18 CONGRESSIONAL REPORTER. have been altogether, changed, and it ,|s only, by a termination of the, war, or by meafurcs leading to it by confeht of both gov- ernments, that its calamities can be cl^ed or mitigated. It is not how a question whether the declaration of the , Prince Re- gent is fuch as ought to have produced 'a repeal of the non-im- portation act, had war not been declared ; becaufe by the dec- laratipn of war, that question is fuperftded, and the non-impor- tation act having been continued in force by cbngrefs, and be- come a meafure of War, and among the most efficient, it is no longer fubject to the control of the executive in the fenfe, and for the purpofe foir which it was adopted. The declaration, however, of the Prince Regent, will not be ♦without effect. By repealing the orders in council without re- viving the blockade of May, 1€06, or any other illegal block- * ade % as is underltood to be the cafe, it removes a great obfbcle to an accommodation. The prefident confiders it an indicatiQn of a difpbfition in the Britifh government to accommodate the differences which fubfift between the pountries, and I am in. firu&td to allure you, that if fuch difpofition really exifts, ^nd is perfevered in, and is extended to other obje6ls, ef pecially the im- portant one of impressment, a durable and happy peace and re- conciliation cannot fail to refult from it/' Mr. Ruflell to the Secretary of State, inclofing a correspondence with Lord Caftlereagh, on the fubjeft of anArmiftice. Mr. Russell to Mr. Monroe. v* London^ September 1, 1813. SIR, . You will perceive by the inclofed copies of notes which have paffed between Lord Caftlereagh and me, Jhat the moderate and equitable terms propofed for a fufpenfion of hoftilities, have been reacted, and that it is my intention to return immediately to the United States. My continuance here, after it has been fo broadly intimated to me by his lordihip that I am no longer acknowledged in my diplomatic capacity, and after a knowledge thai: inftru&ions are given to the Britifh admiral to negociate an arrangement on the other fide of the Atlantic, would, in my vie w of the fubje&> riot only be ufclets but improper. It is probable, however, that the veflel in which I propofe to embark, will not take her departure before the 15th or 20th of this month? I have the honor to be, with great confideratten, Sir, your at fared and obedient fervant, - * (Signed) JONA. RUSSELL. James Monroe, esq* &*• Congressional reporter. i» i I Mr. Russell to Lord Castlereagh. i London^ %4>th August, 1812. MY LORD, l . r f , . It is only neceflary, I trutt, to call the attention of your lord- • 5j (hip to a review of the conduct of the government of the United States, to prove incontrovertibly its unceafing anxiety to main- tain the relations of peace and friendftrip with Great Britain. Its patience in fufFerjng the many wrongs which it has received, and its perfeverance in endeavoring by amicable means to obtain' redrefe, are known to the world." Defpairmg, at length, ol re- caving this redrefs from thejufticeol the Britilh government, to which it had fo often applied in vain, and feeling that % fur* * ther forbearance would be a virtual furrender of interests and 1 rights e&ntial to the profperity and independence of the nation, ] confided to its protection, it has been compelled to diicharge its high duty by an appeal to arms. While, however, it regards this courfe as the only on? which remained tor it tp purtue with a hope of preserving any portion of that kind of character which conftltmes the vital ftrength of every lotion, yet it is itiil wil- ling to give another proof of the fpirit whveh has uniformly clil- tinguiThed its proceedings, by feekihg to an yft> on terms con- fiftent with juftice and honor, the calamities of: war. it has, therefore, authorized me t6 ttipulate with his BritaoC 16 ' maielty s government an armiftice, to commence at of before the CK ^y^l tion of 60 days after the lignature of the inftrument proviu. * for it, on condition that the orders in council be repealed, ana no illegal blockades be fubftituted to them, and that orders b$ immediately ^given to difcontinue the impreffmentof perfons from American veflels, and to reftore the citizens of the United States already imprtffed ; it being moreover well underftood that the Britifh government will aflent tq enter into definitive arrangements, as foon as may be, on thefe and every other dif- ference* by a treaty to v be concluded either at London or Waih* ington, as, on an impartial confideration of exifting circumftan- ces, (hall be deemed moft expedient. t As an inducement to Great Britain to difcontinue the prac- tice of impreffment from American vcflels, lam authorized to give affurance that a law fhall be paflfed (to be reciprocal) to prohibit the employment ot Britifh feamen in the public or commercial fervice of the United plates. It is fincerely belie ved # that fuch an arrangement w©uld provfe more efficacious in fecuring to Great Britain her feamen than the practice of impreffment, fo derogatory to the fovereign attributes of the United States, and fo incompatible with the perfonal rights of their citizens. Your lordfhip will not be furprifed that I have prefented the revocation of the orders in council as a preliminary to the fuf- IpenQoa of hoftilitks, when it is confidered jhattheact of the 20 CONGRESSIONAL REPORTER. ■ Britifh government of the 23d of June laft, ordaining that revo- cation, is ►predicated on conditions, the performance of which is rendered impracticable by the change which is fince known to have occurred in the relations between the two countries. It cannot now be expected that the government of the United States will, immediately on due notice of that aft, revoke, or caujfe to be revoked, its a&s, excluding from the waters and har. bors of the United States all Briiiih armed veffcls, and interdict* ing commercial intercourse with Great Britain. Such a pro* cedure would neceflarily involve confequences too unreafonable and extravagant to be, for a moment, pre famed. The order in council of the 23d of June laft will, therefore, according to its #wn terms, be null and of no tjjfed, and a new aft of the Briti(h government, adapted to in the event of hoftilities being difcontinued, to the provifioBS of the faid order, upon the conditions thereif* Jpecified. K From this ftatement you will perceive that the view you have taken of this part of the fubjcdl is incorre£fc ; and that in the prefent ftatc of the relations between the two countries, the operation of the erder.of the 23d June can only be defeated by a refufal on the part of your government to defift from hoftili- ties, or to comply with the conditions expressed in the faid order. * v Under the circumftances of your having ho powers to nego- tiate' 1 muft decline entering,, into a detailed difcuflion pf the propofitions which you have be;en directed to bring forward. I cannot, however, refrain on one fingle pvint from expreffing my furprife, namely, that as a condition preliminary even to k a fufpenfion of hoftilities, the government of the United States . fhouldhave thought fit to demand that the Britifh government fhould delift from its ancient and accuftomed practice of im- . pre fling Britifh feamen from the merchant ships of a foreign ftate, fimply on the assurance that a law (hall hereafter b^ * 22 CONGRESSIONAL REPORTER. passed, to prohibit the employment of Britifh teamen in the public or commercial fervice of | that ftate. The Britifh government now, as heretofore, is ready to re- ceive from the government of the United States, and amicably to difcufs, any propofitiou which professes to have in view either to check < bufe in the exercife of the practice of impressment, or to accomplifh, by means left liable to vexation, the objeft for which impreijment has hitherto been found ncceflary ; but thty cannot conjfrnt .to fufpend the exercife of a right upon which the naval flrtngth of tl\e empire mainly depends, until they are fully convinced that means can be cjevifr d, and will be adopted, by which the objeft to be obtained by the exercife of that right can be effectually fecgred. 1 have the honor to be, Sir, your moll obedient humble fer'vt. (Signed) CASTL^REAGH. Jonathan Russell, Efquire, &c. &c. Mr. Russell to Lord Castlereagh. \ - • * s ' 18 Mmiick Street, /September 1st, 1812. MY LORD, I have learnt wfch much regret by your lordship's note, dat- ed the 29th ultimo, which I did not receive until this morning, that the prince regent has thought proper to decline to accede^to j the proposition for a suspension of hostilities, contained in my note of the 2ith of August. ' It has been m&tter of surprise to we that my viety with regard to the revocation of the orders in council, on the 23d of June fast, should have been considered to have been incorrect, when it ap- * pears by your lordship's note that the British government itself has deemed it necessary to gite powers to the British admiral to stipulate for its full effect, and thereby admitted that a new act was required for that purpose. It now onJy remains for me to anhounee to your lordship that it is my intention to embark immediately at Plymouth on board the ship Lai k* for the TJnited States, and to request that permis- sion may he granted, as sobu as may be, for the embarkation of my < servants, baggage, and the effects off this legation, and that the necessary passports may be furnished for my ' own and their safe conduct to that destination. \ I avail myself of this occasion to apprize your lordship that I ^m authorized by the government of the United States to leave Reuben Gaunt Beasley. Esq. as its agent for prisoners of war jtat tbis country, and to desire that every necessary facility may be afforded him in the exercise of that trust, by the British govern- \ ment. I have the honor to be, &c. (Signed) ' JONA. BTJSSELL. j The righj honorable Lord Castlereagh, &c« . > .fa. CONGRESSIONAL REPORTER. 23 Mr. Russell to Mr. Monroe. London, September Sd, 1812. SIR, I enclose herein a eopy ot a note received yesterday from Lord €astlereagh, which will acquaint yo*u that I have obtained my passports to return to the United States, and that Mr. Beas- Jey is permitted to remain here as agent for prisoners of war. Immediately on demanding my passports, I addressed to the consuls a circular, of which you will also find a copy inclosed. The Swiftsure packet sailed on the 31 st of last month from Falmouth for America, and it is very probable that she takes out instructions suggested by the overture made bore, but there is no reason to believe that they ean be of a nature to satisfy the Unit- ed States* I have the honor to be, &e. (Signed)\ JONA. RUSSELL* SIR, LORD CASTLEREAGH TO MR. RUSSELL. Foreign Office, September %i f 1812. I have laid before his royal highness, the prince regent, your letter of the 1st instant, in which you announce your inten- tion to embark immediately at Plymouth on board t^e ship Lark* for tho United States. I have already had the honor of forwarding to you an admiral* ty order for the protection of that ship as a cartel, on her voyage to America ; and I herewith inclose to you a passport for tho free embarkation of yourself and family, in conformity to your request. The lords commissioners of his majesty's treasury will issue directions to the commissioners of the customs to give eve* ry facility to the embarkation of your effects. If, previous to your departure from England, you ean point out tome any particular manner in which I eaa facilitate your ar- rangements, I beg that you will command my services. Bis royal highness has commanded me to signify to you, for the information of your government, that there will be no difficul- ty in allowing Mr. R. G. Beasley, as stated in your letter, to re- side in this country as the United States' agent for prisoners of war. I havo the honor to be, &c« (Signed) CASTLEREAGH. 24 CONGRESSIONAL REPORTER. Letter from Admiral Warren to the Secretary of State, with his answer — thereto. * Admiral Warren to the Secretary of State. Halifax, Jfova-Scotia, September 30, 1812* SIB, The departure of Mr. Foster from America, lias devolved upon me the charge of making known to you, for the information of the government of the United States, the sentiments enter- tained by his royal highness, the prince regent, upon the existing relation? of the two countries. ; m < You will observe from the inclosed copy of an order in Council / bearing dale the 23d of June, 1813, that the orders in council . of the 7 tb of January ,1807, and the 26th of April, 1809, ceased to exist nearly at the same time that the government of the Unit- ed States declared war against his majestyr Immediately on the receipt of this declaration in London, the order in council, of which a copy is herewith inclosed to you, was issued on the 51st day of July, for the embargo and detention of all American ships. Under thv.se circumstances I am commanded to propose to ypur government \he immediate cessation of hostilities between tha . two countries, and I shall be most happy to be the instrument of bringing about a reconciliation, so interesting and beneficial to America and Great Britain. I therefore propose to you, that the government of the United States of America shall instantly recall their letters of marque and reprisal against British ships, together with all orders and instructions for any acts of hostility whatever against the terri- tories of his majesty or the persons or property of his subjects ; with the understanding that, immediately on my receiving from you an official assurance to that effect, I shall instruct all the officers under my command to desist from corresponding meas- ures of war against the ships and property of the United States, and that I shall transmit, without delay, corresponding intelli- gence to the several parts of the world, where hostilities may have commenced ; the British commanders in which will be re- quired to discontinue hostilities from the receipt of such notice. * Should the American government accede to the above proposal for terminating hostilities, I am authorized to arrange with you, as to the revocation of the laws which interdict the commerce and shins of war of Great Britain from the harbors and waters of the United States ; in default of which revocation within such reasonable - periods as may be agreed upon, you will observe by the order of the 23d June, the orders in council of January, 1S07, and April, 1809, are to be revived. The officer who conveys this letter to the American coast has " received my orders to put to sea immediately upon the delivery congressional Reporter. ss p af this dispatch to the competent authority ; and I earnestly re- ^commend that no time may be lost in communicating to me the dceisien of your government, persuaded as 1 feel, that it cannot tout be of a nature to le»# to a speedy termination *f the present differences. The flag of truce which you may charge with your reply, will find one of my eruizers at Sandy Hook teu days after the lauding of this dispatch, which I haye directed to call there with a flag of truce lor that purpose. I have the honor, &o. % - (Signed) JOHN BORLASE WxlRREN, JL&miral of the Blue &n& Commander in Chief 9 GTo. &c. &c* The Secretary of State to Admiral Warren. DEPARTMENT OF STATE, , *Ottober27, 1812. SIR, I have4iad the honor to receive your letter of the 30th ulti* mo, and to fubmit it to the consideration of the Pn fident. - It appears thai you are authorized to propofe a ceffation of hcf. tilkies between the United States and Great" Britain, on the ground of the repeal of the orders in council, and in cafe the pro- pofition is acceded to, totake mcafures in concert with this gov- , eminent to carry it into complete effect on both fides. You ftate alfo, that you have it in charge, in that event, to enter into an arrangement with the government of the Unfted States for the repeal of the tews which interdict the fhips of war and the commerce of Great Britain, from the harbors and wa- ters of the United States* And you intimate that if the propofu tion is not acceded to, the orders in council, repealed condition- ally by that of the 23d Jime laft, will be revived againtt the com- merce of the Uniied Stated I am inftrufled to inform you that it will be; very fatisfa&ory . to the f^efident to meet the Biitifh government in fuch ar. nmgeriients as may terminate, without d* lay, the hotViiities which nojv exift between the United Statesond Great Britain, on conditions honorable to both nations. At the moment of the declaration of war f the prefident gave a fignal proof of the attachment of the United States to peace. In. 1 ftruftions were given at thiH early period, to the late charge de$ r afiaires of the United States at London, to propofe to the Britifh It government an armifticepn conditions which it was prelumed , would have been fetisfa&ory* . It has been feen with regret that the propofition made by Mr. RulMl, particularly in regard to . the important intcreft of impreffment, was rejedled, and that acme was offered, through that channel, as a bafis on which hof- Witfes might ceafc. t* 26 CONGRESSIONAL REPORTEk As your government has authorifed you to propofe a cefTation of hoftilities, and is doubtlcfs aware of the important an^ falutary effitl which a fatisfa£lory adjuftment of this difference cannot fsil to have on the future relations betwetn the two countries, I indulge the hope that it has, ere this, given you full pqwer for the purpofe. Experience has evinced that no peace can be dur- able unlcfe this object is provided for. It is presumed, there- fore, that it is equally the intcrtftof both countries to adjuft it at this time, - Without farther difcufling queftiqis of right, the prcfidont is deiirous to provide a remedy ior the evils complained of on both fides* The claim of the Britiih government is to take from the merchant vtfl. Is of other countries Britiih fubje&s. In the practice, the commanders of Britiih lhips of war often take from the merchant veffels of the United States, American citizens. If the United Sta. to prohibit the emplov ment of Britiih fubjects in the ir fervice, and enforce the prohibition by fuitable regula- tions and penalties, the motive for the pra£lice is taken away. It is in this mode that the prtfident is willing to accommodate this important controve rfy with the Brhifh government, and it cannot be conceived on what ground the arrangement can be rq- fufed. ' A fijfpenfion of the pra£liceof impreflment^. pending the ar- miftice* feems to be a ncceffary confequence. It cannot be pre- fumed, while the parties are engaged in a negotiation to adjuft amicably this important difference, that the United States would admit the right,or acquicfee in the practice of the oppofite party, or that Great Britain would be unwilling to reftrai nher cruiftrs from a practice which would have the ftrongeft tendency to de- feat the negotiation. It is prtfumable that both parties would enter into the ncgociation with a fincere defire to give it effect. For this purpofe it is necefiary that a clear and diltintl under- (tanding be firfl obtained between them, of the accommodation which each is prepared to make. If the Britiih government is willing to fufpend the practice of impreflment from American vcsfels,un confederation that the United States will exclude Brit, iih ieamen from their fervice, the regulations by which this com- promile Ihould be carried into effect would be, folely the ob- ject of negotiation. The armiftice would be of fhort duration. If the parties agreed, peace would be the reftjlt. If the negotia- tion failed, each would be rtftored to its former flate, and to all its pretentions, by recurring to war. Lord Caftlercagh, in his note to Mr. Rufsell, feems to have fuppofed that hacTthc Britiih government accepted the propofi- tion made to it. Great Britain would have fufpended, immedi- ately, the exercise of a right, on the mere afsurance of this gov- ernment, that a law would be afterwards passedHo prohibit the employment of Britifh feamenin the fervice of the United States, and that Great Biitaiu would halve no agency in the regulations CONGRESSIONAL REPORTER. 27 to give effeft to that prohibition. Such ?n idea was not in the contemplation of this government, nor is it to be repfonably in- ferred from Mr, Russell's note. Left, however, by poffibility fuch an inference might be drawn from the inftru&ions to Mr. Russell, and anxious that there fhould be no mifunrierftandingin the cafe, subtfquent inftru£lions were given to Mr. Russell, with a view to obviate every objetUon of the kind alluded to. As they beat date on the $7th of July, and were forwarded by the Britilh packet Althea, it is more than probable chat they may hav$ been received and a£\ed on- I am happy to explain to you thus fully the views of my gov- ernment on this important fubject. Theprefident defires that the war which exifts between our countries {hould be termina- ted on fuch conditions as may llcure a folid and durable peace, To accomplifh this great cbjefl it is necessary that the intcreft of impressment be Satisfactorily arranged. He is willing that Gceat Britain (hould be fecured againft the evils of which she complains. He fecks on the other hand* that the citizens of the United States fhould be prott&ed againft a practice, which, while it degrades the nation, deprives them of their rights as freemen, take* them by forte from their families and their coun- try into la foreign fervice to fight the battles of a foreign powe r t perhaps againft their own kindred and country- m 1 abftain from entering, in this communication, into other grounds of difference. The orders in council having been re- pealed, with & reservation not impairing, a correfponding right on the part of the United States, and no illegal blockades, re- vived or inftituted in their ftead, and an underftanding being ob- tained on the fubjeSt of impressment, in the mode herein pro- pofed, the prefident is willing to agree to a cessation of hoftilities nyith a view to arrange by treaty, in a more diftinfl and ample manner, and to the fatisfa&ion of both parties, every other fub- ject of conrroverfy. I will only add that,if there be no obje&ion to an accommo- dation of the difference relating to impressment in the mode propofed other than tfye fufpenfion of the Britifh claim to im- pressment during the armiftice, there can be none to proceeding without the armiftice, to an immediate difcussion and arrange- hient of an article on that fubjeft. This great queftion being iatisfactorily adjufted, the way will be open for an armiftice, or any other courfeieading moft conveniently and expeditioufly to a general pacification. # I have the honor, &c. (Signed) JAMES MONROE. - \ •A/'y/XArA/V^'o To the Senate pnd House of Representatives of tfie U. S. For the furthe# information of Congress, relative to the pacif* ic advances made on the part of the government to that of Great .> 28 CONGRESSIONAL REPORTER- * Britain, and the manner in which they have J>een met by the the latter, I tranfmit the fetjuel of the communications on that iubje&, received from the fete Charged' affaires at London. JAMES MADISON. November 12, 1812. DOCUMENTS WITHTHE MESSAGE. Mr. Russell to Mr. Monroe. L jndon, 19th September* 1812. Silt — On the 12thii.ll. I received your letter of the 27th of July laft, and the copies of my note to Lord Caftlereafeh, and or bis Lordihip's reply encloled herein, will inform *you that the propofitions,*made in conftquence of it, have bccnrejr&ed. As I have hut this moment heard of the immediate departure . bf the Friends, I h^ve time only to add, that I have received the communications of Mr. Graham of the 9ch and 10th of Augoft by the Gl«aner,and that, I leave London this evening, to embark on board the Lark, at Ply mouth, for New- York. I am, with great rcfpedl and confederation, Sir, your faithful and obedit nt lervant, (Signed) JONA. RUSSELL. P. S. An interefting interview took place between Lord Caf- tlereaghand myC-ifon the 16th inft. the account of which I muft,libr want, of time, rtferve until I have the honor to fee yoiu Mr. Russell to LordCastlereagh . 18, Ik-minck St. 12tii Sept, 1812. Private. My Lord — In cenfequenee of additional inftru&ions x^hich I. received from fay government this naming, I called about noon at the Foreign Office, and found with regret that your lordPnip was out of town. My object was to communicate to your lord (hip the powers under which I aft, that you might perceive their validity and extent. I have however fought to flate them fuhftau&lly in the official letter which I have herewith the honor to tranfmit to your lordihip, but (hould you find any tiling that (lands in need of explanation, previous to being fnb- mittcd to his Koyal Highness, I (hall remain at 18, Bentinck Street, to receive the commands of your lordfhip. If your lord* (hipcQuld, in courtefy, find any motive in my perfonal conven- ience to haften a deciiion upon the propofitions which I have fubmiited ; the feafon of the year, my anxiety to depart (all my arrangementsi>effig made and all my baggage having left town) and! the detention of the Larkat much expenfe, will plead pow- j erfully in my favor. # , ' - I have the honor to he, with great confideration, your lord- I Chip's very obedient ^nd yfcry humble fervant. \ (Signed) JONA. RUSSELL- Lord Fiscount Ca$tkre4gh % V* / CONGRESSIONAL REPORTER. 29 Mr. Russell to Lord Castlereagh. t - • 18, Bentinck St. 12 Sept. 1812. My LoRD-^Ihaften,authorifed by inftruQions recently re- ceived from the government of the United States, and urged by an unfeigned anxiety to arrdl the calamities of war, to propofe tayour lordfllip a convention forthe fulpenfion of hoiftilitias, to take effect at fuch time as maybe mutually agreed upon, and ftipulatiiig that each party shall forthwith appoint corrimiffioners, with full powers to form a v treaty, 'which shall provide, by recip- rocal arrangements for the fecurity of their feamen, frbm being' taken or employed in the fervice of the other power, for the reg- ulation of their commerce, and all ptjaer interefting q ueions now depending between them, and that the armiftice il\all not ceafe without fuch previous notice by one to t he oth^r party, as may be agreied upon, and (hall not be underftoodas having any other effedt, than merely to fufpend military operations by land and by fea. In' propofing to your lordfhip thefe terms for a fufpenfion of hoftilities, 1 am inftru&ed to eome to a clear and diftinft under- (landing with his Britannic -Majcfty's government, without re* quiring it to be formal, concerning impressment, comprising ia it the dilcharge of the citizens of the United States already im- pressed ; and concerning future blockades ; the revocation of the orders in council being confirmed. . Your lordfhip fe aware that the power of the government of the United States to prohibit the employment of Britifh feamen tnuft be exercifed in the ienfe and fpirit of the conftitution, but there is no reafon to doubt but that it will be fo exercifed e|fe£tu« ally and with good faith. ^ ^ . ' » Such a meafure, as it might by fuitable regulations and penal* tiei be made completely tffc&ual and fatis&Story, would oper- ate almolt exclusively in favor of Great Britain ; for as few A* raericanliam^n ever enter voluntarily into die British lervice > the reciprocity would be nbminal,and it isfincerely believed that it would be more than ah equivalent for any advantage (he may derive from impressment. By the proportion which I have npw the honor to make in behalf of my government, your lordfllip will perceive the earneft defire of the prefident to remove every obltaclc to an accommo- dation, which confifts merely of form ; and to fecure the right* and interefts of the United States in a manner the mod fatisfac- tory and honorable to Great Britain as well as to America. The importance of the overture now made, will, I truft, obtain for it the early'coniUeration of his Royal Highnefs the Prince Regent, and I fiiall detain the ve(fel in which I have-taken my paflage ro the United States/ until I have the honor to learn his deciiioiu 30 CONGRESSIONAL REPORTER. I have the honor to be, , n>y Lord/ with high confideratiort, your Lordfhip's moft obedient fervant* (Signed) JONA. RUSSELL. Lqrd VifcouiitrCaftlereagh, &c. &c. Lord Castlereagh to Mr. Russell Lord Caftlcreagh prefents his compliments to Mr. Ruflfell* and requtrfts to have the honor offering him at his houie ia St- James* Square, at 9 o'clock this evening. Foreign office* Sept. 16, 1812. N. B- — Received a little before 5 o'clock, Mr. Hamilton to Mr. RusselL Dear Sir— *I have not feen Lord Caftlereagh fince his re- ceipt of your two ktters of the but have received his di- reftions to fay to you that he is concerned that he cannot have it in his power to reply to them for a few days ; or would have had much pleafure in attending immediately to your requeft in that refpeft. You may be allured that no delay will take place, which can be avoided. I am, dear fir, faithfully yours, W.HAMILTON. Foreign office, S^pt. 16, 1812. Jonathan RusselL Esq* &c. Mr* Russell to Mr* Hamilton. s De a a Sir — I have karnt with much regret and difappoint- ment, that Lord Caftlereagh has directed you to inform me that it is not in his power to give an immediate anfwer to the laft let- ters which I have had the honor to address to him- The qbje6l of thofe letters was of a nature to require an early decifun- Re- luctant, however, by any precipitancy on my part, to^ protrafl the prcfent unhappy relations between the two countries, I beg you to acquaint his lordlhip that I (hall remain in towji until Sunday (the 20th inft.) when, unkfs fome fpecial and fatisfa&o- ry reafon be affigned for a longer delay, I (hall confider it to be my duty to proceed to Plymouth to embark for the United States. i am, dear fir, with great truth and rcfjieft, your ob't C-rv't (Signed) JONA. RUSSELL. \% % jfentinckSu\GthSe1>u\%\2.\ N« B.— Sent at 3 o'clock. .\ Lord Castkreagb to Mr. Russell. Foreign Office, Sept. 18, 1812* Sir — Under the explanations you have afforded me of the nature of the inftruftions which you have received from your CONGRESSIONAL REPORTER. . 31 government, I have, as on the preceding, occafibn, been induced to lay your letter of the 12th inft. befcre his JKoyal Highnefs the Prince Refcent,' His Royal Highnefs commands me to exprf (s to you his re-' gret that he cannot perceive any fuhftantial difference between the proportion for a fufpehfion of hoftilitk s which you are now directed to make, and that which was contained in your letter* of the 24th of Aug. laft. The form of the propofed arrange- ment, it is true, is different ; but it only appears to aim at exe- cuting the feme purpofe in a more covert, and, therefore, in a more objectionable manner. You are now dire&ed to v require, as preliminary to a fufpen- Con of hoftilities, a clear and jdiftinct underftanding, without* however, requiring it to be formal on all the pointsreferred to in your former propofition, It is obvious that, were this propo- fal acceded to.the difcuffion on the feveiral points' rnuft fubftantial- ly precede the underftanding required* This courfe of proceeding^ bearing on the face of it a charac- ter of diiguifc, is not only felt to be in principle inadmiffible, but as unlikely to lead in practice to any advantageous refult ; as it does not appear on the important subject of impressment that you are either authorised to propofe any fpecific plan, with reference to which the fufpehfion of that practice could be made a fubjecj; of deliberation, or that you have received any inftructions for the guidance of your conduct on Iqme of the leading principles* which such a difcuffion muft in the firft inftance involve. Under thefe circumftances the Prince Regent fincerely la- ments that he does not feel himfelf enabled to depart from the decifion, which I was directed to convey to you in my letter of the2Uinft. I have the honor to be, fir, your inqft obedient fervant, v L n . n . CASTLEREAGH. Jonathan Russell, Lsq. Mr. Russell to Mr. Munroe. n / \ t London, 19th Sept. 1812. Sir — Since writing you this morning, fearing that this govp eminent flrnuld infer from my filencean acquiefcence in the ftrangeand unwarrantable view which Lord Caftlereagh has in hib laft note thought fit to take of the overtures which I have fubmitted, *nd of the powers under which I acted, I have con- fiderud it my duty to return an answer, of which the cnclofed is * copy. ^ ' With great confideratioh and refpect, I am, Sir, your assured and obedient fervant. . " • ^(Signed) y JON A. RUSSELL. V0theh(m'yame$Mw{roekz* /, CONGRESSIONAL REPORTER Mr. RumicU to Lvrd Cattkrtagh. London, 19th Sept It 12. Mr Lord— I had the honor to receive last evening your Lordship's * note of yesterday ; and have karct with great regret and disappointment .that His Royal Highness the Prince Regent has again rejected the juet and moderate propositions for a suspension of hostilities, which I have been instructed* to present on the part of my government.. After tha verbal explanations which I had the honor to^ afford your lordship on the 16th inst. both as to the object and sufficiency,^ f pay in- structions, I did not -expect to hear repeated aoy objections oq these" poiats. For itself, the American government has nothing to disguise ; and by varyirig the proposition as to the manner ol coming to a preliwun- *ry understanding, it merely intended to leave to the British government ' that which might be most congenial to its feelings. The prDpehition* ' presented by me, however, on the 24th August and 12th inst are distin- guishable by* diversity in the substance as well as in the mode of the ob- ject whicii thef embr jced ; as by the former, the discontinuance of the practice i«f impress men* was to be immediate, and to precede the prohib- itory law of the U. Stntes relative to the employment of British seamen ; when bv the latter, both these measures are deferred to take effect afraid- tat) eously" hereafter .. • O Having made a precise tender of such law, and exhibited the instruc- tion* which warranted it, to your lordship, I have learnt whh surprise that it does not appear to your lordship that I am authorised to propose * any specific plan on the subject of Impressment. 1 still hope that the o- tertures rnade by me m*y again be taken into consideration by his Brit- annia maj -sty's government ; and as I leave town this afternoon for the United States, that it wilt authorise some agent to proceed thither, and adopt them as a b*sis for reconciliation between the two countries, an event so devoutly to be wished. . I have the honoi to be my Lord, your most obedient humble servant* (Sij&ed) JONA. ReJSSELL, The right honorable Lord Castlertagh.&c: Mr* Russell to Mr. Monro*. } < (Private.)- On board the'Lark, 7th Nov. iai2. Sir— I have the honor to inform you that 1 am now passing the Nar- •^ rows, and eXpeet to land in New York this day. I conceive it to be my duty to repair to the seat of government, and shall set off as soon as I can obtain my baggage. In the mean tkrte I am sorry to inform you, that the second proposition for an armistice was rejected like the first, and a vigorous prosecution of the war appears to be the o&ljr honorable alterna- tive left us. - - , 1 have the honor to be, with great consideration and respect, sir, your /very obedient servant, JONA. RUSSELL. The Honorable . * JAMAS MONROE, Wc. Wc, &?c. CONGRESSIONAL REPORTER, 3$ MESSAGE. WEDNESDAY, »0V. 18, 1812. "* The following Wssage was received from the President of the Unit,- de tStates by his priv ate Secretary Mr. Coles : To the Senate and Hunte of Reflretentativev, of the U. 8. I transmit to Congress copies of a communication from Mr.lRussell to the Secretary of State. It is connetted with the correspondence accom* panying my message of the 12th tost, but had not at that date been re- ceived. JAMES MADISON* Jfovember 18, 1812. I DOCUMENTS Accompanying the Message. Mr. Russell to the Secretary of ;£tate> Washington, Nov. 16, 1819. Sir— I have the honor to hand you herewith an account of the con* versation alluded to in a postcrlpt to my letter of the 19th of Sept. and which I had not sufficient time then to eopy. I have the honor to be with great consideration and respect, sir, your obedient servant. JON A. RUSSELL. The Hon. James Monroe ', J£#$r. tfc* &c, Mr. Russell to the Secretary of State; ~ London, Sept. 17, 1812. Sib— On the 13th inst. I had the honor to receive your letter of the 27th of July last,*— I called immediately at the Foreign Office to pre* pnre Lord Castlereagh, by imparting to him the nature and extent of my instructions, for the communication which it became me to make to him. His Lordship was in the, country audi was obliged to write to him without previously seeing him. 1 however accompanied my official note** (A*) with a pritate letter (B) offering explanation, if required, and soHcitiiig dispaUh. I waited until two o'clock, the 16th iastant, without hearing from his Lordship, when I was much surprised at receiving a note (C) from Mr. Hamilton, the under secretary, indefinitely postponirg an official reply. To give more precision to the transaction, I instantly ad r^ssed to him answer (D) and a little before five o'clock on the same day, i received an invitation (E)from Lord Castlereagh,to meet him at his house that evening at nine o'clock, - ' . I waited on his Urdship, at the time appointed, in company with Mr* Hamilton, at a table loaded with the record* ef American correspond dence, which thay appeared*© have been examining. . I was courteously received, and after a conversation of a few min- utes on indifferent subjects I led the way to the business on which I came, by ob*f r via g that I had once more been authorised to present the. •U*^ branch and hoped it would not be again rejected. His lordship observed that he had desired the interview to ascertain, before h* aubm t ed my communication of the 46thin»t.tothe Prince Re- gent, the form and na.ure of the powers under which I acted. To satisfy him at once on both the points I put into his hands your letter of the 27th of July. I the more wiiingly adopted this mode of. procedure as, •The notes here referred to have- already been communicated to Con- tse. Vol. II.— No, 3. bocvmestsv J s S4 CONGRESSIONAL REPORTER. , - . -> besides the confidence which its frankness was calculated to produce the letter itself would best, define my authority and prove the moderation and conciliatory temper of my government. His lordship read it attentively— He then commented at seme length both on the shape and substance of my powers^ With regard to the former he observed that all my authority, was contained in a letter from the* Secretary of State, which, as my diplomatic functions h*d ceased, appeared bttt a scanty foundation on which toplaeethe importait arrangement I had been instructed to propose. With regard to the extent ot ray powers, he could not perceive that they essentially differed frtfm those under which I had brought forward the propositions contained In my note of the 24th of August. He considered that to enter with me into the understanding, required as a preliminary to- a conven- tion for an armistice, he would be compelled to acton unequal ground, as from his situation he mug necessarily pledge his government, when* from the nature of my authority, I could give no similar pledge for mine. He could not therefore think ot committing the British faith and leaving the American government free to disregard Us engagements. Besides it did not appear to fiim that at the date of my last instructions the revocation of the orders -in council on the 23d of June, bad been received at Washington, and that great hopes were entertained' of the favorable effect such intelligence would produce there. The question of impressment, he went on to observe, was attended with difficulties of which neither {or my government appeared to. beaware. ~-»" Indeed," he continued, "there has evidently been . much misappre* pension on this subject, and an erroneous belief entertained that an arrangement, in regard to it, has been nearer an accomplishment than the facts will warrant. Even our friends in Congress, I mean, (observ- ing perhaps some alteration in my countenance) " those who were op- posed to going to war with off, have been 90 confident in this mistake that they have ascribed the- failure of such an arrangement solely to the misconduct of the American government.— This error' probably origin^ ated with Mr; King, for being much esteemed here, and always -well receivedby the persons then in power, he seems to have misconstrued their readiness to listen to his representations, and their warm profes 1 - sions of a disposrtionto remove the complaints of America, in relation to impressment, into a supposed conviction on their part of the propriety of adopting the plan* which he had proposed. BufLord St. Vincent, whoa* he might have thought he had brought over to his opinions, appears nev- er for a moment to have ceased to regard all arrangement on she anbjetfto he attended) with formidable, if not insurmountable obstacles*. ThiaiaobviQiisfpoav a letter which his Lordship addressed to Sir WiU Mam Scott at, that time." Here Lord Castlereagh read a letter, contain* ed in the records before him, in which Lord St. Vincent states to Sir William- Scott the seal with which Mr. King had ' assailed him on the Tt tb je e i of i mpressment, confesses his own perplexity and total incompe- tency to discover any practical project for the safe discontinuance of that practice and aslcs^rw counsel and advice. •• Thus you see,** pro- ceeded Lord Castlereagh, •• tfiftTR^ xonifcrewa* *f Mr. King on this 5 point was entirely unfounded.'* 44 The extreme difficulty, if hot total impracticability of any sat- isfactory arrangement for, the discontinuance of impressment rs most clearly manifested by the result of the negotiation carried on bet**** Messrs Monroe and' Pinkney and Lords Auckland and Holland. The doctrines of which these noblemen had been the advocates. ' when in* opposition, bound them by ail the force of consistency to do everything un- der theif vcom mission for the satisfaction ot America relative to impress- meat, which the subject would possibly admit. There -were many cir- cumstances on that occasion peculiarly propitious to an amicable ar- ; CONGRESSIONAL REPORTER. 5* \ angement on this point, had snch an arrangement been at all attainable. Both parties accordingly appear to have exhausted their ingenuity in attempting to devise expedients satisfactorily to pertorm the office of? impressment, and nothing can more conclusively demonstrate the inher- ent difficulty of the matter, and the utter impossibility of finding the expedient which they sought/ than that all their- labors, pursued oil that occasion with bn sampled 'diligence, cordiality and good faith, should have been in vain;" , ' His lordship now turned to a letter in a volume before him addressed at the -close of the negotiation by these commissioners to the American ministers, conceived . in the kindest spirit of conciliation, in which they profess the most earnest desire to remove ail cause of complaint toft ! thepart of America concerning impressment, regret that their endeav- j©rs hauld be particularly committed. The; fath of both governments would be equally committed, for whatever *a»done under their respective authority ; and although his lordship, •i&ht have power to go beyond the armistice and understanding for tJmtch I was instructed, yet there was no necessity for doing so, and -while we acted within those limits we stood on equal ground. And; were it otherwise yet, as the promise of the one party would be sole Csideration for the promise of the other, should either faft in the per- nance of its engagements, the other would necessarily be discharge! P*i the imjjutation- of bad faith- 'could alone attach to the first delinquent. Ktr was * I dismayed at the very formidable difficulties with vajch he hab thought proper to array the. subject of impressment. 36 CONGRESSIONAL REPORTER. . I # - i | and although willing to acknowledge ray inferiority to the Americut negotiators who had preceded roe in- the matter, yet I was. not dis- posed oa account of their failure vto shrink fiom the discharge of a duff imposed on me by my government. To me indeed the whole question ap- peared much less alarming than his lprdship had described it to be.- Aodthatif Mr. King had really been mistaken with regard to the near completion of an adjustment, his lordstr.p must, on an attention to the ' whole correspondence at the time, acquit him from the impaction' of any excessive want of penetration. As to the supposed ignorance in America of the revocation oi the orders in aouncil, at the time my instructions were dated, I observed, that if this ignorance did in fact exist, yet, from certain expressions In those instructions, an expectation of such a measure seems to Have been confidently entertained, and the orders in council appeared no longer to form an obstacle to a conciliation.— However this might he* it ought not to be supposed that the American government would be ready to abandon one main point for which it contended merely/ because it had obtained another, which was generally considered, to be of minor import* ance, and to submit to the continuance of impressment on account of the discontinuance ofche orders in council. At any rate, having author- ized me to propose terms of accommodation here, it would probably wait for information concerning the manner in which they had -been re* reived, before it would consent to more unfavorable conditions. In the mean time, the war would be prosecuted, and might produce new ©bsta- . cles; to a pacific arrangement. I whs happy to learn that the failure of a former negotiation concerning Impressment could not be ascribed to- 1 a want of sincerity and moderation in the American government; and I \ hoped the mode now suggested for securing to G, Britain her own sea-' men might remove the difficulties which had hitherto embarrassed this f question. If the people of England were so jealous and sensitive with* regard to the exercise of this harsh practice, what ought to be the feel 4 ' ings of the people of America who were the victims of it ? In the U. S* this practice of impressment was considered as bearing a strong resem- blance to the slave trade,} aggravated indeed in some of its features/. as the Negro was purchased already bereft of his liberty, and his slavery and exile were at least mitigated by his exemption' from dan- ger, by the interested forbearance of his task master, and the con* sciousness that if he could no km ge ^associate with those who were dear tot hhn he was not compelled to do them injury— white the America* citizen is torn, without price, at ooce from all the blessings of free- dom ftpd all the charities of social life, subjected to military law, ex- posed to incessant perils, and forced at times to .hazard his life in des- poiling or destroying -his kindred and countrymen. It was matter of astonishment that while G. Britain discovered such aeal for the aboli- tion of the traffic in the barbarous - and unbelieving natives of Africa, as to endeavor to force it on her reluctant allies, that she should so ob- stinately adhere to the practice of impressing American citizens, whose civilization, religion, and blood, so obviously demand a more favorable distinction. I next pointed^nt tw his Lordship the difference between the proposi- tions whteh I now submitted, and those contained in my note of the 24th of August. That although the object of both was essentially the earn*, there was gneat diversity in the manner of obtaining it The discon- tinuance of the practice* of impressment, which was before required te- be immediate and constitute a formal preliminary to an armistice, was now deferred to commence contemporaneously with the operation of the law of the U. States prohibiting the employment of British seame«v and was consigned, with the other conditions, to a separate and informal arrangement. Jfr this way it was no doubt intended, by resecting? CONGRESSIONAL REPORTER. 37 the feelings of the British government, lo obviate any objection which jmight have been the mere suijgesaonof it»*pride. ." t fioall) offered in order to answer at once all the observations and enquries of Lord Castlereagh, that the proposed understanding . should fce expressed in the most general tarmt — that the laws, to take effect on the discontinuance of the fir ac lice of impressment, should prohibit the employment of the native subjects or citizens of the one state, except- ing set h only as had already been . naturalized, on board the private and jmoiic sjiips of the other — thus removing any objection that might have bee a raised with regard for the future effect of natovattsattoo or the lermal reauciation ofany pretended right. With regard to blockades, I proposed to follow, the same course, aud-only to agree that none should be instituted by either party which were not conformable'to the acknowl- edged laws of nations— leaving the definition of such blockades, and ajl •other detail*, to he settled by the commissioners 1 a the definitive treaty, I was disappointed and grieved to find that these propositions, mod- erate and lioeral as they were, should be treated , in a manner which iorbid me to expect their acceptance. I~Vas *ve* asked,by Mr. Ham- ilton if the^ U. S. would deliver up, the native British seamen who might be naturalized in America ? Altho' shocked at this demand, 1 mildly replied that sufch a procedure would be disgraceful to America without being useful t©G Britain— that the habits of seamen were so peculiarly •unaccommodating that no ene would patiently go through the long pro- bation required by law, to become the citizen of a country where he could not pursue his professional occupations— and that not to employ him in this way would b* virtually to surrender him to <*. Britain. I was disposed to believe, however, that a reciprocal arrangement nigkt'be made for giving up deserters from public vessels. > Here, perhaps, 1 owe an apology to my government, for having, without it* precise commands, hazarded the overture above mentioned, relative to British subjects who may hereafter become aitisens of the U. S. In taking this step, however, I persuaded myself that I -did not trespass against the spirit of the instructions which I had received; and had the proposition becm accepted, 1 should not have been without all 9 hope that it would have been approved by the President, as its pros- pective operation would have prevented injustice, and its reciprocity 4isgra6e» .Should I however, urged by too great* zeal to produce an 1 accommodation, have mistaken herein the intentions of the President, I still should have derived some consolation from reflecting that this pro* position, thus frankly and explicitly made, afforded an opportunity of satisfactorily testing the disposition of this government and rtught be useful in removing much misconception and error. The refusal of this proposition sufficiently explains the -view with wfltich I was assailed with the ostentatious parade of the abortive negociations refative to impress* ment ; the exaggeration of its pretended difficulties ; the artificial so- lemnity given to its character ; the affected sensibility to the popular sentiment, concerning it ; and the fastidious exception taken to my pow- ers, and proves most unequivocally t ho predetermination of the British government to reject, at this time,, e^ry overture for the discontinu- ance of this degrading practice. Most unfeignadly desiring to suspend the existing hostilities between the tvfe states with a reasonable prospect of finally terminating them in a manner honorable to both, I perhaps presumed with too rnuchearnestness tbeadoption of the arrangement which I was instructed to propose; for lord Castlereagh once observed somewhat loftily, that if the American gov- ernment was too anxtous to get rid of the war, it would have an oppartu* aity of doing so on learning the revocation of the orders in council ,1 kit i *8 CONGRESSIONAL REPORTER. constrained op this occasion to assure his Lordship that the anxiety tf the American government to get rid of the war jm only aproof of the sin- cerity with which it has constantly sought to avoid it,but that no tvem had occurred, it was apprehended} to increase this anxiety. .His Lordship, correcting his manner, rejoined, that it was «pf his intention to say any thins: offensive, but merely to suggest that if the American government sincerely wished for a restoration of the friendly relations between Ike two countries, it would consider the revocation of the orders in council as affording a fair occasion for the attainment of that object. After a Jjause of a few moments he added, that if the U. S. did not avail them- selves of this occasion, not only to put an end to the war, which they bad declared hut to perform the conditions on which those orders were re- voked, that the orders would, of course revive. 1 could not forbear to remind his Lordsnip,that when Itook this view of the subject,in my note of the 24th of Aug. he had found it to be incorrect; but hoped that, now I was so fortunate as to agree with him on this point,some provision would be made, in case the terms proposed for an armistice should be accepted to prevent the revival of those edicts. His lordship attempted to explain, but I could net distinctly seize his meaning. The conversation ended with an assurance on the part of his lordship that he would with as little delay as possible communicate officially to me the decision of the Prince Regent, and I took my leave, forbidden to hope, that, while the present opinion of the American people prevail hen this decision will be favorable. I have the honor to be, with great consideration and respect, sir, yotrr , faithful servant. JONA. RUSSELL. «* ■ ■n*»wr»/\yvn/'.yxx\y*» «» LETTER From Mr. Russell to the Secretary of State, inclosing a corr&- f onience %vUh Lor A C ostler tagh, on the subject of the repeal • , ■ ' • • •> Mr, Russell to Lq^i Castlercagh> The underfigned, charge d'affaires of the United States of America, has the hqnor to transmit to Lord CaftLererfgh au- thentic copies of a decree purporting to be .palled by the em- peror of the French on the 28th of April, 1811,- of a. letter ad- dirfled by the French miailkr of finance to the dire&or gen- eral of the cnftoms.on the 28th December, 1810) and of another letter of the (kene date from: the French minifter of juftice to the prcfident of the council of prizes. As thefe acts explicitly recognize the re vopatibn of the Ber- lin and Milan decrees, in relation to the United States, and diftin£tly make this revocation to take '&ffc£L from the 1ft No- vember; 1810, thq underGgned cannot but perfuade himfelf that they will, in the official and authentic form in which they arc now prefented to his Britannic m^jefty's government, re- move all doubt «with refpe£t t<* the revocation in queftion, and, joined with all the powerful confiderations of juftice and expe- diency lb often fuggefted, lead to like repeal of > the Britilh or- ders in .council, and thereby to a renewal of that perfect amity and unfcftri&ed intercoqrfe between this country, and the U. States, which the obvious interests of both nations require. The underligned avails himfelf, &c. . • JON A- RUSSELL. 18, Bentick-ftreet, 20th May, 1812. i ^TRANSLATION.] . .. PALACE OF ST. CLOUD, ' ■ - 28th April, 1811. . JVtypoteon, Emperor of the French, &c< &c* On the report of our Minifter of foreign relations : Seeing by a law palled on the 2d March, 1811, the congrefs of the United States has ordered the execution of the provisions oftheafitof nph-intercourfe which 1 prohibits the ycflels and merchandize of Great Britain, her colonies and dependencies, from entering into the ports of the United States* ' Gonfidering that the faid law is an aft of refiftance to the ar- bitrary pretenlions confecrated by the Britilh orders in council, and a formal refufal to adhere to a fyftem invading the inde- pendence of neutral powers and of their flag ; we have ordered and dp decree as follows ; s m . The decrees of Berlin and Milan are. definitively, and to date from lft November laft, confidered as not cxifting in regard to American veffeJs. (Signed) NAPOLEON, By the emperor, the minifter fecretary of state. (Signed) THE CO0NT DARA. J 40 CONGRESSIONAL REPORTER. Lord Castlereagh to Mr. RiisseU. FOREIGN OFFICE, May 23/1812. I ; Jjord Castlereagh prefents his compliments to Mr. Kuflell | and has the honor to acknowledge the receipt pf his official note of the 20th inftant, tranfmitting copies of 'two official fetters of the French government, bearing date the 28th of April, 1811. Lord Castlereagh will immediately lay thefe tlocuments before his royal highnefs the prince regent, and avails hi mfelf of this opportunity to renew to Mr. RuIRUthe allurances'of his high confideration. . : Jonathan Russell, efq. &a Mr. Russell to the Secretary of State. LONDON, 26th June, 1812: SIR, I have the honor to hand to you herein, an of der of coun. cii of the 23d of this month, revoking the orders !n council of the 7th of January, 1807, and of the 26th of April, 1809. * To this decree I have added copies of two notes of the fame * date from lord Caftlereagh, accompanying the communication/ of it to trie, and alfo a copy of my anfwer. With great refpett and confideration, I am, &c. - . . " i (Signed) * ' . JONA. RUSSELL. JU the court at Carlton House the 23d of June, 1812, present Jds Royal Highness tlie Prince Regent in Council. Whereas his royal highnefs, the prince regent, was pleafed to declare, in the name and ori the behalf of his majefty,on the 21ft day of April, 1812, " that if at any time hereafter the Ber- lin and Milaa decrees thall, by fome authentic a£\ of the French government, publicly promulgated, be abfolutely and uncon- ditionally repealed, then and from thenceforth the order in coun- cil of the 7th of January, 1807, and the order in council of the 26th of April, 1809, fh all, without any further order, be, and the fame are hereby declared from thenceforth to be wholly and abfolutely revoked, Atui whereas the charge des affaires of the United States of America, refident at this court, diet, on the 20(h day of May laft, tranfmit to Jord yifcount Caftlereagh, one of hismajefty's principal fecretaries of state, a copy of a certain inftrument then for the firft time communicated to this court, purporting to be a decree passed by the government of France on the 28th day of April, 1811, by which the decrees of Berlin and Milan are declared to be definitively no longer in force in it gard to Ame- rican vessels. And whereas his royal highnefs, the prince regent, although he canndt confider the tenor of the faid instrument as fatisfying \ the conditions fet forth in the faid order of the 21ft day of April i CONGRESSIONAL REPORTER. 41 laft, upon which the laid orders w«re to ceafe and determine, is neverthelcfs difpoled on his part to take fuch'meafurts as may tend toj-e-establifh the intercourfe between neutral and belli- gerent nations upon its accuftomed principles. His royal high- ntfs the prince regent, in the name and t on the behalf of his ma- jefty, is therefore pleafed, by and with the advice of his rrfa. jelly's privy council, to order and declare, and it is hereby or- dered and declared, that the ortfer in council bearing date the 7th day of January, 1807, and the order in council, bearing date the 26th day of January, 1809, be revoked, io far as may re- gard Americans ssels and their cargoes, being American prop, erty, from the 1ft day of Auguft next. But whereas bj certain a&s ofthe government of the United States of America, all Britilh armed vessels are excluded from the harbors and waters of the faid U. States, the armed vessels of France being permittecko enter therein, and the b commercial intercourfe between Great Britain and the faid United States is interdifted, the commercial intercourfe between France and thfc laid United States having been reftorcd, his royal highnefs the prince regent is pleafed hereby further to declare;* in the name and on the behalf of his majefty, that if the government of the faid United States, lhall not as foon as may be, after this order fhall have been duly notified by his majefty *s minifter in Ame- rica to the faid government, Revoke or cauH* to be revoked the laid afts, thisprefent order lhall in that csfle, after due notice figniSed by his majtfty's minifter in America to the ,faid gov- ernment, be thenceforth null and ol no effect. It is further ordered and declared, that all American vessels, and their cargoes being American property, that fhall have been captured fubfequently to the 20th day of May laft, for a breach ofthe aforefaid orders in council alone, and which fhall not have been actually condemned before the date of this order, and that all inips and cargoes as aforefaid that lhall henceforth ^e captured under the faid orders prior tb the firft day of Au- guft next, lhall not be proceeded againft to condemnation till further orders ; but lhall, in the event of this order not besom- ing void and of no effeft, in the cafe aforelaid, be forthwith lib- • crated and reftoretl, fiibjeft to fuch reafonable expenfes on the part of the captors as lhall have been ] uftly incurred. Provided that nothing in this order contained, refpe'fting the revocation ofthe orders herein mentioned, (hall be taken to re- vive, wholly or in part the orders in council ofthe 11th of No- vember, 1807, or any other order not herein mentioned, or to deprive parties of any legal remedy to which they may be en- titled under the order in council ofthe 21ft April, 1812. His royal highnefs is hereby pleafed further to declare, in the name and on the behalf of his majefty, that nothing in this pref- er* order contained lhall be underftood to preclude his royal highnefc the prince regent, if circumftances (hall fo require. r 42 CONGRESSIONAL REPORTER. from rcftormg, after reafonable notice, the prefers pf the 7th of January, 1807, and 26th of April, 1809, or any part thereof, to \ their full efiefct, or /rom taking fuch other meafiires*of retalia* ! tionagai&ft the enemy as may appear to his royal highnefs to be '. jufi and necefiary* And the right honorable the lords cqmmiffioners of his ma;- J jefty's treasury, his majefty\ principal fecretaries of ftate, the \ |6rds commiffioners of the admiralty, and the judge of the high court of admiralty, & the judges of tire courts of vice admiralty, sire totake the necessary mtafures herein, as to them may res- j jKctbely appertain JAMES BULL ER- \ Lord Castkreagh to Mr* Russell* FOREIGN OFFICE, June 23, 1812, sir, I am commanded by the prince regent to tranfmit to you for , your information, the encloftd printed copy of an order in coun- cil which his royal higlmc fs, a£\ing in the name and on the be- half of his majefty, was this day pleafed to iffue, for the revoca- tion Con the conditions then in fpecified) of the orders in council of the 17th January, 1807, and of the 26th of April, 1809, fb fyr as may regard American veffeJs and their cargoes, being American property, from the 1ft Auguft next. I hav§ dishonor to be, &C. (Signed) CASTLEREAGH. FOREIGN OFFICE, June 23, 1S12. SIR, _ ; In communicating to your gdvernment the oi-der in council of this date, revoking (under certain conditions therein fpecified) thofeof January 7th, and of April 26th, 1809, I am to requeft that you will at the fame tiitie acquaint them, that ^he prince regent's minifttrs have taken the earlieft opportunity, after the itfumption of the government, to advifc his royal highnefs to the adoption of 9 meafure grounded upon the document communi- cated by you to this office on the 20th ultimo ; and his royil bighmfc hopes, that this .proceeding, on the part of the British government, may acctierate a good underftanding on all points of difieremie between the two ilates. Ifhaft behappyto have the honor of feeing you at the foreign office at 2 o'clock to-morrow ; and beg to appriz^you that otfe of his majefty *s vefiels will fail for America with the diffcatch- ts of the government in the courfe of the prefent week/ I bate the Jronor to be, &c. (Signed) CASTLEREAGI1. CONGRESSIONAL ftEPORTER. 43 Mr. Russell to Lord Casdereagh. 18 Bentick Street, June 26, 1812. MY LORD, * • I have the honor to acknowledge the receipt of the two notes addreffed to me by your lorcifhip on the 23d of tliis month, in. clofing an order in cohncil, ifltied that day by his royal high- atfs the prince regeftt, acting in the name and on the behalf of his Britannic mayfly, for the revocation (on the conditions therein fpeeified) of the orders in cobhcil of tbh 7th of January, .1807, and of the 26th of April, 1809, fo far as may regard American veffels and their cargoes, being American property,, from the firft of Auguft next. In communicating this document to my government, I (hall, Vrkh much fatisfaction, accompany it with tfifc hopes which you ftate to be entertained b^ his royal highnefs the prince regent, that it may accelerate a good uriderftanding on all the points pfdif- ference between the two dates. I am the more encouraged to be- lieve that thefe hopes will not be difappointed, from the affur- ance which your lordlhip was pleafed to give me, in the con- verlatioh of this morning, that, in the opinion of your lordfhip, the blockade of the 16th of May, 1806* had been merged in the orders in council, now revoked, and extinguished with them ; and that no ebne^ition contained in the order of the 23d inftant, is to be interpreted to reftrain the government of the -United States from the exercife of its right to exclude Britifh armed veffels from the harbors and wafters of the United States, when- ever there (hall/be fpecial and iufficient caufe for fo doing, or whenever fuch e&chmoki fhall, from a general policy, be extend- ed to the armed vefTels of the enemies of Great Britain. This affurancc I ant happy to confider as evidence of jk conciliatory ipirit, which will affoird on every other point of difference an explanation equally frank and fatisfa<5iory. I am, my lord, # s v. With great confideration, &c. • JON A. RUSSELL. Mr. Mussell to the Secretary of State. London, 2d July, 1812. m Sir — I avail njyfelf of the opportunity afibrded by the Brit- ish packet, to tranfmit to you a copy of a note from Lord Caft- lereagh, of the 2&h ultimo, which I truft will put at reft the blockade of 1806. I acknowledged the receipt of this; note, as you will obferve by the enclofed copy of my reply, without a comment. I did not think it ufeful to enter into a difcuffion at this mo- ment concerning the legality of that blockade* which, as no new doctrine appears to be aiTumed, is made to depend on the fact, . the application of an adequate force* %< i i 44 CONGRESSIONAL REPORTER. In like manner I have forborne to notice his lordship's ob** servations concerning the exolusion, from our ports, of British vessels of war- As fu^li exclufion is required to accord with the obligations of ftri& neutrality only, the conduct and charac- ter of the government of the United States fumifh fecurity a- gi)ixift any queftion arifin^ on that fabjeft. I have the honor to be, &c. JONA. RUSSELL. ijori Casllereagh to Mr* Russell. Foreign Office, June 29, 1812. Lord Caftlereagh has the honor to acknowledge the receipt of «i Mr. Russell's communication of the 26th inftantt* \ . That no miftake may prevail upon the explanation given in convention by loid Caftlereagh to Mr. Russell, on jthe two points referred to in Mr. Ruflrll's letter, lord Caftjereagh begs leave to re date to Mr. Hussell, with refpefi to the blockade of May 1806, that, in point of fact, this particular blockade has been discontinued for a length of time ; the general retaliatory blockade of the enemy's ports^ establifhed under the orders in council of November 1807, having rendered the enforcement of it by his maJefty's flaps of war no longer necessary ; and -> that his majefty's government have no intention of n curring to this or to j*ny otheV bl cray are admitted. It is the partial admiffion of one of the bel- ligerents of which Great Britain feels herfelf entitled" to com- plain, as a preference in favor of the enemy, incompatible with the obligations of ttciSk neutrality. Were the exclufion gener- al, the Britifh government would confider fuch a meafure, on the part of America, as (tatter of dilcuffion between the two fiates, but not as an ac\ of partiality of which they had in the 4 firft inftance a right to complain. Lord Caftlereagh avails himfelf ol this opportunity to renew to Mr. Russell the affurances of his high consideration. ' ♦ • - Jtfn Bussell to Lord Castlereagh. 18, Bentinck Street, lft July, 1812. Mr. Russell has the honor to acknowledge the receipt of the ] note of Lord Caftlereagh, dated the 29th ultimo, containing ex- lj planations relative to the two points referred ty> in Mr. Russell's r CONGRESSIONAL REPORTER. 45 ■ Bote of the 26th of that month, and will take the earlitft oppor- v tunity of communicating it to his government.^ \ Mr. Russell begs leave to avail himfelf of this occafion to re- peat to lord Caftlereagh the assurances of his high confideration* , Mr. Erring to tlie Secretary of State, inclosing a correspbniencc - vrith the Danish Minister of Foreign Affairs. NO. ±6. Mr. Erring to Mr. Monroe, Secretary of Slate. COPENHAGEN, April 12th, 1812. sm, My laft difpateh upon general bufinefs was No. 12. 1 therein mentioned the cafe of the ** Jane Maria," which had been cut out of the port of Swinemunde by a French privateer. JSubfequent to the date of that difpateh the captain arrived, but in the intermediate time a Frenchman had been put on board as a guard, and this became an obftacle to her departure. My correfpondence with Mr. de Refenkrantz on this affair is here, with fubmitted, viz No. 1, December 10th ; No. 2» January llth ; No/3, January 15th ; No.4, Jan.15 ; No. 5, Jan. 16, of the inclofures. I underftand that one of the crew of the " Jane Maria^has appeared before a notary, a < id f worn that whilft the vessel lay at Swinemunde (he had communication with tin: Englifh, and was to have gone under their convoy. Should this declaration prove to be correet, yet I prefume that Jhe can- not therefore be condemned. The French miniftef does not however find himfelf authorifed toreleafc her* but he momenta- arily expefls orders from his government oi the fubjeft. The papers of the vessel are in my possession. In my defpatch No. 10, 1 mentioned that of the cafes which were pending on my arrival in Copenhagen, the " Minerva Smith," Mann, only remained to be adjudged, and that I had fought to delay it for the purpofe of procuring, and in the hope of introducing before the^ tribunal lime further evidence* A part of the evidence to which' 1 referred wasfoon received from England, and laid before the minifter offfateina note of De- cember 13th ; a copy (No. 6) is inclofed, as it fcrvesto explain the peculiar difficulties under which this, a property of very great value, was placed. No change having been produced by this re- * prefentation in the opinion of the high court, I obtained that the cafe fhould be laid before the Daniln chancery ; and the report of that body not being fufficiently full and fytife&Qory, the cafe was transferred to the Slefwic Holftein charicery , (on the king's own fuggeftion) a$ Ktil, where the vessel was taken,being within AA CONGRESSIONAL RE -PORTER. the jurifdiQion of that chancery, the affair was not properly cog- nizable by the Daniih chancery. Thefc various operations co»- fumed a great deal of time ; but finally towards the latter end of February the Sleftvic Holftein chancery produced a very laoor- ious and voluminous report in favor of the cafe, purfuant to which his majefty ordered the high court fo pass fentence of ac- quittal. ' With, my aforementioned difpatch. No. 10, was tranfmitted copy of a note toMr.dt Kofenkrantz, (of September 28) refpeft- ingthe then pending cafes, generally. Still furthef to promote the objett of it I again addressed hirn on November 3d, and in the progrefs of the butinefs perceiving that the high court had loft nothing of its difpoiifion to. condemn, and had actually de- termined to facrifice one of the cleared cafes in the whole lift, (the " 9rutus")on the 13th December, I thought it nefcessary to require that its proceedings fhould be arretted, and its opip- , ions fubm it ted to the: king through his chanpery; (thofe two notes are Nos. 7 and 8 of the inqlofed ;) the. necessary order was Immediately given, and thus (wo or three cafes were, faved frojfn condemnation. But th©' the report of the chancery on the cafe of the "Brutus" was favorable, that vessel was condemned ; the particular circumftances of her cafe willbefeenin my npte to Mr. de Roftnkrantz of-April 10th t and the fefttenpe of '. the tribunal (Nos, 7B and 8 B) of the inclofed papers. At the < iate of faid difpatch No. 10, the re were 10 cafes depends injr exclufive of French captures, &inclufive of the "Hannah'* &. 4 * Two Qenerals'' doublq captures, as appears by the lift which was therewith tr4n(mitted. Ip difpatch No, 11, I mentioned the rcleafe of the " Horace*' and 4i Auguftus;'' two of the lift, so that there were at that time only fix cafes of fimple capture depending. I have now the iatisfattion of informing you that the whole' pfthefe have been acquitted, the 'Brutus' as above* mentioned only excepted., 'FU& * Hannah' and "TwoGsner* als 1 ' mull, I fear, b^ determined in Paris. The French govern, ment has propofed to the Danifh that without reference to thefe queftions of jurisdiction which have^lways been foundfo difficult to arrange to the fatisfaflion of all parties, the fimple.rule fhall be adapted of determining the queftion of prize in the tribunals of the country to which the captor may belong, in all cafes, . wfere he may poflefshimfelfof the captured vtflU's papers- > This proportion has not been, nor do I believe that it will be t acceded to by the Daniih government ; yet, fir, you will readily pcrct i%e that if the French government lhoulc) peifift there can be very little expectation of pur obtaining Jfrom this, therelqafe of a veijtl which may have been condemned by the council of- prizes. . TJiere is even fom.e reafon to apprehen^ that it will fo peifift, fince the French cqnful has now received orders , from. ■f~<* CONGRESSIONAL REPORTER. 47 the minifter of marine to trsnfmit to Paris the papers of die lhip ** Olive Branch" which, as mentioned in my defpatch No, 12. *ras feized under the very guns of the Fort of Nyborg, and this, cafe is peculiarly ftrong fince the " Olive Branch'' had his Dan- ifh majcfty's lieenfe on board. But I muft in this place also mention that my correfpondence with Mr* Defaugiers (lately French charge d'affaires here) wh ich was iubmhttd to you with defpatch No. 8, having been aUb fabm itted to his government; he is now anfwered by the duke of Baffano, in terms flxongly re- prehending the excesses of thecorfeirs in general, and particu- larly reproving: their practice of holding the French flag on board the vessels captured, of which he ftrifclly forbids the re- currence. The "Rachel,* "Rover" arid™ Packet/* three, vessels (oa the pending lifts heretofore tranfmitted) whichhave been reteaf- ed, being partly laden pith " colonial produce/' were, purfuant ta the eftablilhed regulations with regard to vessels lo laden, or- dered to quit the port and to procead on their voyages ; the trench privateei s were then watching for and would infallibly 11 ive captured them on their departure* The copies herewith clofed, viz. my notes toMr.de Rofenkrantz^of November 27, 8, and 29, (Nos. 9, 1.0 and 11 ) Mr. de Rofenkraritz his unoF- cialnote of December lit, (No. 12) my reply of fame date |(No. 13) Mr. de Rofenkrantz his official note of December 2d No. 14) relate to this matter, which you will be pleafed to ob* fcrve was fatisfaclorify fettled. I The laft lift of vessels which had passed this way was dated jO&ober 9 : fiuce then a few fcattered vessels have prefeated emfelvcS, viz. The " Dolphin/' Latham, " America/' Briggs, from Peterf- rg to the United States.passed without interruption, " Ann/* ow, arrived fafely at Chriftianfand. ** Sally " Brown, turned away from Amfterdam by the Eng- Ih, continued her voyage towards this place and was wrecked •n the coaft of Jutland; " Adriaria,*- Abrahams, of Baltimore, belonging to Smith & co. with a cargo of hides convoyed hythe Danes from Gottenburg to Copenhagen (having Danifh licenfe) cargo fold in, Copenhagen and. reconvoy- ! ed to Elfineur. !* Cotattibk/' Jennifon, (owners unknown) from St. Ubes* with fait, mjuch under the fame circuroftanccs. " Swanwick/* Cbrk, with a cargo of tobacco, property of Pratt and Krntzing of Philadelphia, do. do. 41 Afia/* Ormsby* '(Brown, and Ives of Providence) with 3500 cheftsof tea, arrived at Gottenburg fome months firice, in her voyage from thence to Copenhagen, cap- tured by a Danifh private* r, but immediately rekafed, having the king'* pcrmiffion to come hither and fell. .*%./# ■1 48 ' CONGRESSIONAL REPORTER. This completes the account of our trade for the laft year as far as particulars have come to my knowledge. In my despatch .1 No. 12, 1 tranfmitted certain ftatements relating to that trade;, a triplicate of thefe ftatenients were fent with No-14,with the ad- dition of a'printed tariff of the duties payable on all merchandifc paffing through the Sound : a duplicate of the tariff is herewith enclofed. 1 have lately feen a printed ftatemerit of our export* from Petersburg during the laft year made by a .commercial houfe of that place. It agrees in general with the document No. 5rinclnfed with my afore laid difpatch. It is however jnore. complete as to the number of veffels, including all thofe which went no through the BJt, and gives a total of 127 (nating that in 1810 the total was 100 only) but ftates that 29 of the 127 were bound to European ports, having as part of their cargoes 23615^ poods of flax! Moft of thefe 29 prpbably returned through the Bjlt ; fuch as passed the Sound muft have had falfe clearances. In the courfe of judicial invefligattons, the Dines have already _ difcovered, as is fuppofed, luffiebnt grounds for "ciiftrufting the character of our commerce : fuch printed information fror)i what is called a k B k refpe£table American houfe ,, at Petersburg* recommending itfwlf to its correfpondt nts by this fpecies of m* ; duftry, cannot fail to augment that diftruft. m , : AH the old and new cases being now disposed of, I herewith in-; close a table (No. 19) bringing the whole of them and the p#-j ccedings which have been had on then} into one view. I beg }'<»*] sir to observe that of 38 cases of Danish capture on; the iii? * 1811, tbere have been only three appeals of the captors again*] the sentences of acquittal given by the inferior tribunal* so littw have boen their expectations of procuring final condemnations* and that excepting the three English And English license easei> ( " President," "Neptune// and " Aurora,")there has been but one final condemnation, viz. the « Brutus." v I hope that upon the whole this view will be satisfactory to tin president. Mr. de Rosenkrantz told me in an early interview j that the administration of justice was as impartial and as prowl* here a*in any other country : he adde Banish. claims on our government, to whieh I answered on the ; 17th February as No. 3, and on the 9th instant! finally received the minister's reply to my reclamation of Nov. 4, (No. 4 of the inclosurcs ) ' ;.. v . All my former communications, sir; have prepared you for this ; result, and the most extraordinary v delay of the king in annouftr .j cingit, though sojfar creditable to him in as much as it dejiotesthe^ reluctance with which he has come to a Conclusion, whieh he can- not conscientiously approve of, and whieh he has not found any admissible pleas to support or to countenance, yet has also afferd- fed me the means of ascertaining that no favorable change of thil determination is to be hoped for. All the business which my appointment, had in view being nW completed, arid as there is not, as far as I, know, one AmerieaB j vessel 'actually under detention (by /Danish capture) in any $>ort i of this kingdom, after answering the minister of states' note i» suitable terms, I propose, pursuant io my instructions, to tat© ] leave and depart for Paris. I wrote yesterday to Mr. Barlo\v for \ passports, and as soon, as they arrive, which may be about th* | commencement of next month, I shall be entirely ready to make U9e of them. In the mean time I send home with this ami other despatches ray secretary Mr. Lewis, whose fidelity, industry, M*d z^K in the public service, I so entirely approve of, that I cannot ; hut recommend taim to your patronage and protection. Previous {p my departure I propose, asjhave before mentioned to you, to\ present Mr* Forbes in the quality of" Agent'* to the minister of j state and to the other departments of government here, and I doubt not but that if any of our vessels should hejreafter be^-eap- • tured By Danish erufczersr, he will be able to afford them every af - ; sistance of which, their cases may be susceptible, ;and that hi*i respect ability of ^character and his other qualifications will pi*" 1 cjire dtre attention to his official representations. I hope als* that on my return to Paris, X-may be able to assist Mr. Barlow i*,: CONGRESSIONAL REPORTER. SI i , efctainin; a favorable adjustment of the que^kms which hare a- risen out of Ihe French captures in this quarter. . It seems to be scarcely probable, even if we should not he at ; war with England, that any of our Vessels which nay have left ; the XL States for Russia, will, if they touch at Gottenbuig for in- I fent&atioo, proceed oa their voyages ; for either the Emperor of France will occupy the Russian ports, or the Emperor of Russia will submit to bis terms ; in either of which capes those ports > will be rigorously closed against " colonial produce. 9 ' if the em- peror of Russia should successfully resist, then his country will be inundated with whatever we can supply by the commerce of \ England. In this last case it is not to be supposed that the Eng- > lish will take any neutral vessels under their convoy : in the two forme? eases the neutral will not have any motive for joining con- : voy. On the other hand the French eruizers will certainly in- \ tercept every vessel not under convoy which may enter the Baltic [ with colonial produce ; and it is equally certain that such enlfcs- j ers will be sufficiently numerous : for independent of the priva- teers, properly French, the Danes have round* so little encour- . agement for privateering during the last twelve months, that . many of theni are reduced to the necessity of seeking French i commissions. ' ■ > Mr. Lewis will carry with him the original of my dispatch, No. , ' 1#, which incloses authentic copies of the sentences therein refer- red. In these, -sir, yon will notice more particularly the extraer- ; dinary principles and offensive doctrines on which the tribunal's i feave founded their decisons, and in case our country should stiH continue in peace, government, having the whole taatter before it, will be able to give our commerce such direction, and to place it under such regulations as may best comport with its future security. . x . , With the most perfect respect and consideration. Sir, Your very obedient servant, "' *- (Signed) GEO. W. £RVING. Extract of a letter from Mr. Racing to Mr. Monroe, Secretary of State. COPENHAGEN, May 9, 1812^ " I have the honor herewith to transmit 4o you duplicate of wty letter No. 20, (by Mr. -Lewis) dated April 18th. The note of the same date to, which it refers, with the tew alterations which will bo found in this duplicate, was sent to Mr. de RosenkrantK on the 21st, and wa* laid by him before the king on the 1st instant, la the mean time I ha^ several conversations with that minister up- on the subject of it, in which I did not Tail to urge whatever. might contribute to a favorable answer on the part of his majesty. Finally, on the 8th instant, yesterday, he sent to Joe the note of which the enclosed is a Copy. You will observ^, Mr, the new po- sition which eur claims assume under this communication, and* the reasonable expectation- whieh it affords of a settl ement hereaf ter * immediately, to carry it to Mr. Ruflell, ^ with orders to return wit h his anfwer as foon as poffible, I am CQnfident that the Prefident will approve the motive of ray folicitude in this apair, and the e^rneft manner in \vbich I preffed the minifter with.it as foon as my knowledge of the dec- laration of the Prince Regent enabled me to uie the argument that belonged to the fubjedh When in the conversation above alluded to, the Duke Srft produced tome the decrees of the 28th of April, 1811, 1 made no comment on the ftrange manner in which it had been so long concealed from me, .and probably from you* I only afked him if that decree Jiad beeb publifhed. He (aid not, but declared it had been communicated to my pre- decessor here, and likewife knt to Mr. Serrurier, with orders to communicate it to you . I assured him it was not among the ar- chives of this legation^; that I never before had heard of it ; and fince he had contented to anfwer my note. I defired him to lend tome in that official manner a copy of that decree, and of any other documents that might prove to the incredulous of my country (not to me) that the decrees ©f Berlin and Milan were in good faith and, unconditionally repealed with regard to the Uni- ted States. He then promifed me he would do it, and he has performed his promife. I fend you a copy of the April decree, as likewife the letter of the Grand Judge and that of the minifter of finances : though the two latter pieces have been before communicated to our govern- ment and publilhed." U CONGRESSIONAL REPORTER. The Duke cf Bassan* to Mr. Barlmv. v* [Tranflation ] * Paris, 10th May, 1812. Sir— In converting with you about the note which you did me the honor to addrels to me on the 1ft of May, I could not con- .jceal from you my furprife at the deubt which you had expressed in that note refpe£ting the revocation of the decrees of Berlin and Milan. That revocation was proved by many official atls> by all my correfpondence with your predecessors and with you, by the decifions in favor of American vessels. You have done me the honor to afk a copy of the letters which the Grand Judge and the Minifter of the Finances wrote on the 25th pec. 1810, to fecure the fit-it effefts of that meafure, and have (aid, fir, that the decree of the 28th of April, 1811, which proves definitely the revocation of the decrees of Berlin and Milan in regard to Americans, was not known to you. I have the honor to fend you, as you have defired, a copy of these three a£ts ; you will confider them, without doubt, nr, as the plaineft anfwer which I could give to thi* part of your note. As to the t wo pther queftions to which that note relates, I will '- take care to lay them before the Emperor. You know already, fir, the ientiments which his Majefty hasexprefled in favor of .American commerce, and the good difpofitions which have in- duced him to appoint a plenipotentiary to treat with you on that important intereft. Accept, fir, &c. (Signed) The Duke' or Bassako. [Tranflation] Palace of St. Cleud, April 28th 9 1811. Napoleon, Emperor of the French, &c. &c. On the report of our Minifter of Foreign Relations. Seeing by a law patted on the 2d March, 1U 11, the'Congrefe of the United States has ordered the execution of the proviftorts of the a£l of non-intercourfe, which prohibits the vtflelsand merchandize of Great Britain, her colonies and dependencies from entering into the ports of the United States. Confidering that the faid law is an a6t of refiftance to the ar- bitrary pretenfions, confecrated by the Britifh Orders in Coun- cil, and a formal refufal to adhere to a fyftem invading the inde- pendence of neutral powers, and of their flag, we have decreed and do decree as follows : • , The Decrees of Berlin and Milan are definitively, and to date from the 1ft day.of November laft, confidered as not having exifted, (non avenus) in regard to American vcffels. (Signed) , NAPOLEON, By the Emperor* j The Minifter, Secretary of State. • (Signed) The COUNT DARU, CONGRESSIONAL REPORTER. 55 (B) Mr. Marlow to the Secretary of Stat*. 9 Faris, OcL 25ifc, 1812. Sir — By the letters from the Duke of Baffano and my anfwer# copes of which are herewith enclofed, you will learn that I am invited to go to Wilna, and that I have accepted the iiftritation* Though the propofal was totally unexpe£tcd, and on many ac- counts, difagrreabje, it was impoffible to refufe it without giving offence, or at leaft diking a poftponementof a negociation which I have reafon to belif ve is how in a fair way to a Ipeedy and ad-* ' vantageous clofe. From the circumftances which have preceded and which ac- company this propofuion, I am induced to believe that it is made with a view of expediting the bufinefs. There may in- deed be an intention of coupling it with other views not yet brought forward. If so, and they fhould extend to objedts t>e. yond the fimphcity of our commercial interefts and the indemni- ties which we. claim, I (ball not be at a loft how to anfwer them. I (hall have the honor to write you, as foon as poflible, from . Wilna, and ihall return to Paris without any unneceflary de- lay. I remain, &c (Signed) . J. BARLOW. [TranQation] TheMhkke of Bassano to Mr. Barlow. Wilna, Oct 11, 1812. Sir — I have had the honor to make known to you how much I regretted, in the negociation commenced between the United States and France, the delays which * inevitably attended a correfpondence carried on at so great a di (lance. " Your government has defired to see thee epoch of this arrange- ment draw near. His Majefty is animated by the fame difpofi- . tions, and willing to allure to the negociation a refuit the mod prompt, he has thought that it would be expedient to fupprefs the intermediaries and to transfer the conference to Wilna. His Majesty has in consequence authorised me, sir'/t* treat di- rectly with you. — If you will come to this town, I dare hope that with the desire which animates us both to conciliate such important interefts, we will immediately be enabled to remove all the difficulties which until now have appeared to impede the progrefs of the negociation* r have apprised the Duke of Dalberg that his mission was thus terminated, and I have laid before his majefty the actual state of the negociation, to the end, that when you arrive at Wil- na, the different qucftions being already illuftrated (eclair cies), either by your judicious obfervations, or by -the inductions J shall have received, we may* sir, conclude without delay an ar- rangement lb desirable and To conformable to the mutually am- icable views of our two governments. Accept, sir* &C. (Signed) tk* DUKE of BASSANO. 50 CONGRESSIONAL REPORTER. Mr % Barlow to the Duke of Bassano* Park, Oct. 25th, 1812. . u SIR — In confequence ot the letter you did me the honor to write me on the llthof this month, i accept your invitation, and le^ve Paris to-morrow for Wiina, where I hope to arrive in 15 or 18 days from this date. My Secretary of Legation and one' fcrvant will compofe all my fuite, 1 mention this to anfwer to your extreme goodnefc in afking the qtieftion, and your kind offer of finding me a convenient lodging. I hope the trouble you will give yourfelf in this will be as little as poflible. m The negociation on which you have deme me the honor to in- vite me at Wilna t is fo completely prepared in all its parts be* tween the Duke of Dalberg and my&lf, and* as I underftand, fent on to you for your approbation about the 18th of the prefent month, that I am perfuaded, if it could have arrived before the date of your letter, the neceffity of this met ting would not have existed , as I am confiderft that his majefty would have found the project reafonable and acceptable in all-its parts, and would have ordered the minister to conclude and flgn both the treaty of com- merce and the convention of indemnities/' , * I ' THE CONGRESSIONAL REPORTER. PART IL~DKB4TB8 XY C0X&RES8. No. l.] Tw£irni CeNCURsss....SBCoia» Session. [1812—13. HOUSE OF REPRESENTATIVES. Friday, Nov. 30. The Houfe in committee of the whole on the bill concerning the pay of the Army of the U- S. which was read throughout by the Chairman, as follows : / ^^ • " Be it enacted fife. That from and after the paffisg of this aft, the monthly pay of the non-comtniffioned officers, muficians, privates, drivers, bombardiers, matrofles, fappers, miners, ar- tificers, fadlcrs, farriers and blackfmiths, who have or fhall enlift in the fervice of the United States, be as follows, to wit : To each fergearu major and quarter-mafter-fergeant, dollars ; to each fergeant and tp&cher of Ynufic, dollars ; to each cor-*}, poral, u dollars; to each mufician, dollars; to each pri- vate, driver, bombardier, matrofs, tapper and miner, dol- lars ; to each artificer, faddler, farrier and blackftnith, dot* lars. > . Sec. S. - And be it further enacted, That during tflfe continu- ance of the war with Great Bptiar^ no. noncommiffioned offi- cer, mufician, private, driver, bombardier, matrofs, tapper, mi- ner, artificer, fadler, farrier or blackfmith, enlifted in the fer- vice of the United States, fhaU be arretted, or fubjeft to arreft, or to be taken in execution for any debt contracted before or after enliftment. Sec. 3. And be it further enacted. That during the (aid war, every perfon above the age of eighteen years, who fhall be enlift" ed by any officer, fhall be held in the army of the United States during the period of fuch enliftment ; any thing in any act to the contrary notwithftanding. - Sec. 4. And be it further enacted, That every non.commif- fioned officer, mufician and private} who fhall, after the promul- gation of this a£t be recruited in the regular arm v of the u .States* may, at his option, to be made at the time of enliftment, en- gage to ferve during the prefent war with G. Britain, infteadof the term of five years ; and. fhall, in cafe he makes fuch option, be entitled to the fame bounty in money and land, and to all oth- er allowances, and be fuhye£t to the fame rules and regulations, as if he had enlifted for the term of five years.* No. 1. pssatis* 2 tONGHESSIONAL REPORTER. Mr. WILLIAMS, as chairman of the Committee, whore-j ported it, jofe to explain the provifions of the bill- He faid he ^qpedjhe cqnfideration of the bill would not involve a difeuffioa ojf the jufttce or neceffity of the war. War, faid he, is now de- clared ; we bavexhrownourfelves between G|jr country and the cnemj' ; and it become^ us to carry her triumphantly through the war, or be rdponfible for the dil grace a contrary cdurfc would incur. The reafon of the introduction of the firfl: provifion of the bill, he faid, was dig palpable Fa£V, that the prcitnt pay of : the army, taking into confideration the price of labor throughout the union,' was much below the average rate* • The Commit* tee, in the invHfigation of this >bufinefs,*had with much labor confultcti artl fources of information acceffible to them, and in no « part of the United States did it appear to be conceded by their reprefentatives, that the fair price of labor wa*». fefs than trine dpi- lars per month. Even if ,the price were as low as eigjit, or lay feven dollars, wherefore Ihould the foldier receive lefs than any other man ? This is a fubje£t on which every gentleman could decide by refeurring to his own neighborhood and inquiring what was there the price of labor. If he could not ^procure the fervice of an individual there for lefs than eight dollars, how can he refufe to the foldier that price which I now Iblicit for him ? The ranks*are not filled ; we know it to be 'too mel 40 anchoiy a proof; and it is our duty to fill them. How fliall we bell do it ? It will not be contended that your population is iu- fufficient ; no, fir, the inducement is nqt adequate. There is no avocation of life, no employment however hazardous, wkich fails to be purfued from a want of perfons ready to engage in it. No, fir * if you want merf to fcale the mountains of ice under the northern pole, or endure the fervid rays of a vertical sun in the hither India, to brave $ie Aormy .ocean or fearch for mines in the bowefe of the earth ; only find them adequate compenfation and there are men enough to be found. The compensation for fervices performed Ought always to be in proportion to the talk incurred. This is a pofition which cannot be controverted. Thefe is no reafon why the ranks of your army are not filled fo forcible as that you do not give enough to the privates. Cap you th< n refbfe it ? Sir, I do not (land here as the reprefentative of a claim of a petitiofcer who wearies out the fkirts of your Committee of Claims with unceafing importunities-r-of the inan ivbp has neglected the provifions of your law, and afks you to teleafe him from the confequences of his negleft — Hill It fs of ' the man who tramples your law tinder foot, and now afks to b€ 'difcharged from- the penalty of his tranfgre ffion—no, I am the advocate of the poor foldier* the man who marches to your northern and weftern boundaries ; a the man who laft night prob- ably was beaten up. from his quarters to meet the foe ; who the night before flept in the trenches ; and to-night perhaps ftretch- es his limbs on the bate ground with no other covering than the < I • CONGRESSIONAL REPORTER, 3 canopy of Heaven, his arms clafped in his hands, for your de- fence ; I plead, fir, for the man who has. thrown himfelf be- tween you and the cnerfcilefs favage and his ftiii more mercilefs employer — it is for this poor foldier I afk a little pittance. The whole aggregate of increafed pay can bebut a mere trifle, compar^ with the general disburfements for the expenfe of the war — it will not increafe your expenles much above a million. Wheth- er your ranks be filled or not, the expenditure for the military cftablilhfrient, the enfuing year, will not fall fhort of ten mill- ions ; and yet will you deny one million to make your army ef- ficient ? The immenfe expenfes attending your Commiflary, Quarter-pnafter and Ordnance Departments, muft be incurred, evfcnthough'your ranks be not filled — and will you yet hefitate between the additional expenfe of a million to make your army efficient, and the lofs of a difgraced campaign ? I cannot but believe, fir, that I am wafting your time and that of the Houfe to no purpofe ; I will not believe that this will be refufed. Mr. W. then briefly adverted to other provifions of the bill. To the fecond feftion he apprehended little objeftion ; it had been found tp be neceffary \ and ample precedent might be found for it. ^o the third feQion there might and -probably would be;, foijie objection. It -was founded, he faid, on the principle that every man o^ed to the country which prote&ed him — military fervice; the fame principle, already engrafted in our laws, which obliged the youth of eighteen years old to enter into the militia, warranted his retention in the fervice when he had vol- untarily enlifted. The fourth fe£Uon fpoke for itfclf and needed no explanation. The fecond fection having been read — Mr. WHE ATON faid he conceived this feffion to involve an infraction of the cohftitution. Any perfon who had contract* ed a debt had certainly given a pledge, not only of his property, but of his body to his creditor. It is the creditor's right to take the body in default of payment, and the creditor was by this fc&ion, in the cafe of thofe enliftirig into the army, completely taken out of his hands. Ampte encouragement, Mr. W. faid, might be given to enliftments without infringing the conftitution* Hejhad no objection to.privilege the foldier from arrell after en- lrftment, but he could not content to the paffage of a law, having mex post facto operation, which went to exempt him from obligations pre vioii fly con traced. He therefore moved to ftrike out the words " before or 9 ' from the fecond fedlion above recited. Mr. BACON fpoke in fupport of this provifion. It was ne- ceffary to guard againft fraud. He faid in tfie village in vfrhich he lived fuch frauds had been committed, by the creation of fic- titious debts, under *vhich a perfon enliftirig had procured him- felf to be arretted. After this arreft, on giving bail, he was fct at large. Whilft going at liberty his commander had attempted to take him ? but a writ of habeas corpus having been taken *out, 4 CONGRESSIONAL REPORTER. it has been determined by the courts that a man was the property of his bail until the fait was determined. And that.determina- tion, Mr. B- faid, would never take plac^fo long as the United States had an occafion for the man's fervices ; becaufe by the lame collufion which commenced it, the fuit may be continued from term to term of court until the term of eniiftment has ex- pired. He had merely ftated fa£U. He had known an inftance of an officer being obliged to move his whole corps over the line to avoid thefe petty depredations on their ranks ; and he would venture to fay that the officers \yould much rather face the ene- my in the field than the hoft (rflegal depredators in. Maffachufetts on thofe enlifted for the* public fervice. The principle of this • provision was not novel, he faid, for it exifted already. The motion to ftrike out the fe&ion was then negatived by a, » large majority. The third fe&ion was then read. Mr. STOW rofe and faid, that the refpeft he felt for the Houfe, feemed to forbid that he fhould propofe to them any thing not fully matured ; but, that at the fame time the objec- tions to one fcftion of the bill under confident ion appeared to him fo many and fo important, that he could not refrain from urging them, though, as he feared, in fomewhat of an irregular and defultory way." In excufe he laid, he had fuppofed the pres- ent bill agreeable to the one reported in the Senate, and had not obferved the difference till that moment His objections were to the 3d fcdion, and which he fhould clofe by moving that it be ftricken out. He arranged his objections principally under three heads. Ift, Its tendency to violate the public morals. — 2d. Interferertte with public economy — and '3d.- Its violation of the pirit of the cotiftitution of the United States. Hfc remarked that proper inftrudtion and difcipline of youth lay at the bottom of all that was valuable in thip life, and perhaps of the life to come. That it was of great importance in every government, but above all, that it was infinitely fo in ours* where the people were the real fovfrreigns, and where the government would be ill or well adminiffcred, according as the youths were bred in temperance, virtue and obedience. This fc6tion pf the bill goes to cut up thofe qualities by the roots. It lays to fjie Uneafy boy in his teens, you may enlift and throw ofFall parental authority ; you may enlift and defraud the parent or mailer who has maintained you in your helpkfsftate, of his juft reward* The ftrongeft tics of afirction and gratitude you may, by enlift- ing, diffolvc in a moment* Nay, more, we fay deliberately and folemnly— we will pay this promoted villain 300 dollars for his iniquity t For fuch is the amount of the bounty and wages for three years. Who* fir, will be moft likely to avail himC If of this privilege, or ratht r of this courfe ? Not the fober, faithful minor, who mighfbe trufted in the pampwith fome degree of fafety, but the fickle, turbulent, reftlefc youth, the one of all oth- CONGRESSIONAL REPORTER. 1 ers who wants the falutary reftraint of a parent or guardian This is the perfon whom you are about to allow to plunge him" frlf into all the dissipations, into all the feduttions, arid into ai the vices of a camp I But, sir, said he, it is inhumane, as well $s immoral. Hu- manity calls upon you to take care ef and educate the miferabh offspring of the poor* Who will take them ; who will provide for their infancy, if at the moment they are able to make any re numeration for this humane, this tender care, you offer them 300 dollars to turn ingrate? Bat, fir, not only the public mor- als, but the public economy require that you shouUl not enlii minors without the confent of their parents, guardians or mal ters. What does public economy require, but that every on« (hould serve the republic in that capacity, in which he can bi moft ufeful ? And, fir, let me add that patriotifm requires th fame thing. If the blackfrnith or the farmer is aloft ufeful in hi calling, thpre is as much patriotifm in attending to the anvil ant the farm, as to the bayonet and the fword. Men of mature age by accepting the terms you offer or not, determine xvlfere the; can be moft ufeful; but does not every principle of eponom; forbid that you (hould go into the private family, the work (hop and the raanufa&ory, regardlcfs of the opinion of the father an< fuperintendant, and (educe the young man from learning fom ufeful and honorable employment, and in lieu thereof* at tha tender, atthat doubtful period of human life, you plunge him in to all tne immoralities of a camp, and turn him a vagabond o fociety. No fir/ true economy requires that children inoul bii well educated, well governed, and faithfully^ bred to Yom hoheft^ calling^ The very principle, notwithftanding all the^ tall of patriotifm* is recognized in the price you offer for ioldiers, a well by the former law as by the prefent bill. You offered b; the former law five dollars per month, by the present bill eigt dollars. That is, you fay to the world, that by being a foldiei you render your country Cervices worth five # or eight dollars Now fir, for five or eight dollars per month is it prudent, is i economical to diffolve tire all important relation of governor an governed in relpcft to youth ? To break up your infant mam factories ? and to deprive poor, children at once of an ufual eir plovment aW a home ? But, fir, perhaps it will be faid that m ceffity, the fafety of the republic requires this. When the It gions of Britain were upon our fhores, when we were ftrugglin for our very exiftence, the hecefiity was not then thought fui ficiently imperious to warrant fuch a principle. Can it then h laid, that with treble the population, and in an offenfive war, n< ccflity reauires the dangerous innovation ? Certainly not— igaii the law then and now allows the foldier to be arretted for a del amounting to two dollars ; and will you fay that the debt i which there can be no deception incurred, for the moft neceflai of all things, food, clothing and inftruction for infancy , Xhall b cursGHESSIONAL REPORTER. difregarded ? I truft, fir, that a principle fo unreafonable will ne- ver prevail. But lattiy, faid Mr. S. 1 do contend that the claufe is contrary to the fpirit if not the letter of the conftitution* That conftitution provides that private property fhall not be taken without a reafonable competifatibn. The property which a par- ent has in the fervices of his ion, of a guardian in the fervices of his ward* and a matter in the fervices of his fervant, though dif- fering widely in dignity, is as real and oft£h times more 'import- ant than the farmer has in his perforial eftates, or the planter in his Have. It alfo impairs the force of contract* which is Uri&ly interdidted to the dates, and a fortiori not to be done to the general government. For thefe and for many other reafons which might be added, Mr. S. moved to ftrike out the third feftion of the bill. Mr. D. R. WILLIAMS faid he did not knpw in what fchool the hon. gentleman (Mr. Stow) had learnt his ethics ; - [ but it appeared to him his mprals were graduated on a fcale as weak and deceptive as would, from his obfervations, appear his pat r k§tifm* He (Mr. W\) had been taught to believe that the principles of morality were in themfelves. fixed and fettled * unyielding to times and circumftances, and of courfe that which was moral in relation^to militia, could not be otherwife in the regular army. But the* principle of the fection reftson ftill ftrongv er grounds. In the militia, thefervice of the youth is obtained by coercion, in the regular army by voluntary enliftment. The gentleman has afcribed to me opinions^ which, he fays? I exprt £ fed a year ago. He had not flattered himfelf that any opinion of his could have naads lb lafting an impreflion on that gentle- man's mind, nor is it material diftinclly to recal them to the, Houfe, much Ids could he anticipate fuch an unfair ufe would be attempted of any which he may be fuppofed to have held; but this he certainly remembered, the gentleman himfelf voted for the employment of militia-men under f he age of twenty- one %, years. *To coerce the militia fervices of a youth, was then quite/ 'moral in that gentleman's view ; but to accept the voluntary ser* vice of the fame individual in the regular armynow is denounced by him as deftruftive of public morals and public -economy.— According to the gentleman it is altogether moral to extort mili- tia fervicc of the young, to be performed too in a modfc on which We all agree it is neither lafe nor economical wholly to rely, while to receive his voluntary fervice in the regular army, at a time of hazard and national extremity* is inhumap and immor- al ; and yet the gentleman h*s yielded that the immorality, this crying enormity, (the 3d feftion) may be qualified by neceffity ! Can it be denied that the neceflity is palpable ?» Can the gentle- " nan wifhtofeeit ftironger ? Did theaflairs of any nation ever all louder for a phyfical force than do ours ? The enemy are on pur weftern, your northern, your fouthern, your raftern fron. iers ; God only knows where they are not. He was warranted j CONGRESSIONAL REPORTER. ■>■ > V \ advocating the fef^ian u^on the great principle of national t'ceffity and ufefulnefs. In all great crifes individual benefit tight not to preponderate agaihft the public good. Militia fer- . ices are tranfient ; ought Jipttq befoiely depended on, and afc ey^re releafed in that proportion oqght your regulur forces to ^ increaled. The prefent provifion is intended 4U0 to prevent "Che frauds and impofztionspJraftjfed on your recruiting officers, -who 3**J(iable to forfeiture and the lots of the bounty paid to any dne.T vc t ay enlift under tweixty-one years of age. XhtHgentlemanV ideas of patriotifm are equally novel -and mistaken — he contends that individuals enter the military fer. vice of their country with precifdy the fathe'bbjedt that they be- come fmiths— emolument* Mr* W. faid he had always confid- ered that patriotifm w is to be found in facrifices of individaal^d- vantages to the public weal* and not, as is fairly to be inferred from the gentleman, in -drawing individual emolument from the public cpffers — No fir, patriotifm isnpt t6 be purchafed, it flows from thi^fieart ; it is baled on noble principles ; arid although- ' foldiers are paid for their fervices, the great uimulus which car- ries them into the field, is that love of country infeparable from the * real patriot. In vain^ fir, will the gentleman talk of the in- creafe of our population fince the revolution — it muft be much more augmented to produce even a lefs force than the one coo. templated, if that which feems to be his patriotifm (hall pervade the nation* ; ' \ Mr* STOW. — The gentleman is miftaken in f uppofing I ad- vocated the principle, that minors would make.thc best foldier**, His principal objetli on is to the^onclufions and frauds prafitifed upon officers. He fays, if an officer enlifts a man under 21, he is liable to lofe the bounty. This is true. But does, this se£tton rejaove the difficulty ? Are not officers, expofcd to the fame frauds ? Suppofe you ehfift one under 18, the age limited by the bill, the refult to the officer muft be the lame — and has an officer any better means of knowing that a recruit is lefs than eighteen than that a recruit is lefs than twenty-one. ? Sin if this faction is * made folely with regard to the protection of officers, it is clear that it does not, and cannot, remove the difficulty. ■•. £ ; Mr. M1LNOR faid, that if he «nderftood the Sd fedVion of i the bill under confideration, it allows recruiting officers to enlift f minors'aboye the age of 18 years, without regard to their . .fitu? ; ation as apprentices to tradesmen, or living under the care and \ guardianship of their parents :^and its object was to hold -out to young minds a temptation to defeat the nCeful courfe deftineclj for them by their friends* for the purpofe of becoming foldiers*/ Now, said Mr. M. whatever may be the neceffity of war, # oi fome occasions* and however neceflary fotne gentlemen mi| " think that in wtteh we are now engaged, which was a quef" he should not now meddle with, he was desirous that its o| ations (hould be sq condu&cd, as to do as little injury as po1 \ 'i !6ngres$ional reporter. ble to our fellow-citizens, and as the leading principle in the condud of all politicians mould be a regard to the public good—' he hoped for a general concurrence iti this fcntimcnt ; that for his own part, he wifhed the war to be felt as little as poffible in the families and occupations of the people* We are , not, fakl lie, to be organized into a military government* However nee* eflary lome may deem this war ; all will defire a fhort one* Thank God no Napoleon has yet rifen up amongft' us tq^tenge our free inftitutions |nto a military defpotifm. Enco^i£ft if you pleafe, a military spirit, that we may be ready fen 1 national defence r when neceffary ; but let it be done in the fpirit of the eonftitution, by means of a well regulated militia-* Let our citi- zens and our farmers surrender their apprentices and children to be trained and inftru&ed in military tactics, at dated times, that when arrived at the fote of manhood, they may be ready for their country's service. But what is here propqfed ? to go into the workfbop of the induftrious mechanic, or into a parent's dwelling, and entice away by the hire of money and military glory, the apprentice and the child. No patter what monies fiav6 been expended in his education, or 'how great has been parental exertiori to advance the future profpedtsof the child, any recruiting officer,or even a common iold'ier,profiigate in his prin- ciples, and inured to vicious habits, is by this bill encouraged to feduce him from his duty- This is not the only bad efleft..- Society, no lefs than the individual, is interefted in his acqmfw tion of a trade, that he may have the means of preventing him- felf and family from becoming a barthento the community* There is a fufficient pronenefs to vice in the youthful mind, but this mifchievous provifion dangeroufly enlarges the fphere of temptation* Mr. M. (aid he Was particularly alarmed ior the city where he refided ; that it was already to a very great extent a manufacturing town, and greatly increafing in manufa&ures. There artisans are very numerous, and many depend almoft entirely on their apprentices for the profecutioa of their busU nefs— tothem it was a molt injurious meafure. Every *pe knows that boys of the age you have propofed to make them tbidicrs, very often become difcontented with their fituations, they form connections and acquire propensities which create a Irohg defire of releafe from # their mailer's fervice ; and do ou propofe to fill your armies by providing thefe indifcreet 'oung men with the means of legally gratifying their improper iclinations, and thereby do incalculable injury to them, while >u hcerate the feelings of their parents, or give a deep wound the interefls ef their matters ? Viewing this expedient on the |pre of general policy, its morality, its juftice or humanity, Mr. faid, he deemed it equally pernicious ai>d unwarrantable, le honorable chairman of the military committee had (aid, it frauds were now practifed by pretended allegations of mi* ity, and the bounty paid was in many inftances loft* Surely, I CONGRESSIONAL REPQRTER. 5 laid Mr. M* this mull be the fault of the ' officer in yielding too lightly .to unsupported (uggeftions of this fort— he might, if he Eltafcd, require the fa£t to pe proved in a court of juftice on a abeas corpus or other procefc, inftituted for invt fttgating the matter* Mr. TROUP said the objections to this provision were lame in their nature ; he only wished they were half as sound as they were nevel. It was the result of the experience of the men older than themselves in military concerns, that this very description of population between 18 and 21, constituted the strength and vigor of every war. "What was the. fact as respected France ? So just Was this principle in the contemplation of France, that her whole army is made up of these young men — and yet an attempt is made to deter us from using them by a flimsy pretext that to employ them would be violating the obligations v of a contract and the principles of morality. If our feelings and sympathies be suffer- ed to influence us in favor of the individual who voluntarily en- lists, the reasons are much stronger in favor of discharging one half of those already in your ranks, than the description just spoken of. There is scarcely any man over the age of 21 years, between whom and other individuals there is not some strong obligatory moral tie, ftfcich we ought not to sever if we could conveniently avoid it. Look at the case of a husband deserting his wife and children, or of a man above 21 deserting his ' aged parent dependent on him for subsistence. Are not these eases equally strong. The doctrine of the gentleman, whether on (he score of morality or expedience, will apply to cases above as well as below the age of twenty-one. As respects the young men of oar country, there is no fact better established, than that, at the age of 18, they are, as respects physical power, as \tall qualified for the fatigues of the camp, as in other countries at 21. Their services are more valuable than tho$e of any other class ; and he xras not willing to dispense with them when we had the greatest, tceasion for them. Mr* L9WNDES spoke in favor of the section* but in so low * atone of voice as to be inaudible to the reporter. 4 Mr. GOLD premised, that he did not rise to ente'r into the general policy of the war ; nor could he deny it to be the duty of those who have declared the war, to provide an army to carry it - •a. But he added, it is better for the array to be augmented by tery liberal bounties and wages, than that important principles should be violated, and an inroad made upon the great relations ttd interests of society. Are gentlemen aware bow extensive is tke province of master and apprentice ? How wide spread the re- lation in the community ? A sensation will be produced, which Etfemen seem not to have anticipated. The "respective states e, with studious care, legislated upon and regulated the vari- ous duties of Masters and Apprentices. Under those laws 9* dear obligation is created upon the apprentice to serve till of age $ 10 CONGRESSIONAL REPQRTER. 1 arid in some states, to compensate for absence or desertion during the stipulated apprenticeship $ foiv a faithful performance, the parent or guardian becomes responsible, and for non-performance liable for damages to "the master. Can the authors of this bill, imagine that those solemn obligations contained in indentures of apprenticeship, will dissolve and vanish under the charm of the 'hill ? Can the fundamental principles of the constitution, render- ing contracts sacred, be v *fjius uprooted and destroyed? Can this hill deprive the master of his action, secured to him by the laws of the state, against the master or guardian for absence or deser- tion of the apprentice ? . Here is a most serious bearing upon the laws of the states, regulating this important relation. But gen- tlemen al ledge necessity ; the army must be tilled up ; officers are imposed on by fraudulent minors, who receive the bounty, and then claim a release upon the plea of non-age. In answer, let gentlemen beware how they yield to this fancied plea of necessity -—all history attests the danger of yielding essential principles to* state necessities ; to temporary pressure and, impulses — such pre- cedents become infinitely mischievous in society. *^o fancied benefit can compensate for the evil of such examples. How>easy is it to remove much of the complaints by providing that the mi- nors, who shall impose upon the' recruiting office!*, shall refund the bounty he received before he receive his discharge. Sis oh a provision would be just, and not violate general principles. There j is certainly no new difficulty in the subject— no new exigency or jj unforesen embarrassment. How far this act will be carried into t practice, I cannot say ; but the letter* of the bill extends to all I persons whatever, any former law* to the contrary not withstand-. J ing. The provision reaches slaves, who, enlisting^ may be re- j tained by the recruiting officer. The motion to strike* out the third section was negatived. - Mr. LITTLE. — In removing one evil, Mr. Chairman, let trs be-* ware that we do not substitute a greater. • The object of the sec- tion proposed to be stricken out of the bill on your table, and now under consideration, is to till up the ranks of your army. From every attention $ have been able to bestow on this subject* wnich^ permit me to say, I am anxiously desirous *as much, so, I trust, as any gentleman in this committee, to see realized, will, if re- J turned in its present shape, in my humble opinion, be productive, of much evil, and perhaps but little good. You receive into the army by voluntary enlistment that description of our Yellow-cit- izen*, at a time of life to them the most interesting and auspic- ious, as respeets tbcjr future. pursuits and welfare. I have always been given to understand that the camp is bat illy calculated? in\ those stations whieh they only can fill in the army, either to im- prove their understandings or perfect them in such habits as are calculated to acquire a respectable subsistence, or fit them for the domestic duties of their future lives. In the course of nature, they, it may be truly* $aid, constitute the future growth Wl 1 t CONGRESSIONAL REPORTER. ;'• < 11 ength of every country. The laws of this land render every of theirs illegitimate. Abstract from the consideration of a dier, for wMek they are only rendered fit from their corporal wers, everything with tjiem is premature. If forced into ex- noe, like the flower or fruit unseasonably raised in a hot-bed, ars the external qualities, but in fragrauee and taste h unnatu- |I and insipid. * » . ** i Sir, have we not some reason to doubt the constitutionality of pg section* In its operation it evidently will vitiate contracts ftich ought always to be held sacred, solemnly and voluntarily v Itered into by the parent or guardian with the master of an ap- pnticc, reciprocally beneficial, founded on the most laudable and pise-worthy principles, oa the faithful performance of which Eterially depends the future welfare of the youth, to whieh I ieve may reasonably be added, the comforts and good order of piety. Do we not know, Mr* Chairman, that at that period of feir lives and servitude, in which you. make them liable, if h section is retained, to be drawn from the service of eir masters, that then, and only the*, are they enabled a»d, pome qualified to make, some remuneration for the pains ami st- ation paid to their improvement and instruction by the worthy d industrious mechanic or manufacturer : and will you by this propitious act endanger the future happiness of the former, d withhold that just reward due to the industry of the latter I a annihilate this contract, which ought to be held if possible folate by the government. Every principle of justice and (&d policy dictates its rigid fulfilment. Are we not aware, sir, jhe immense sums now invested and actively employed in the nt manufactories distributed over our extensive country? ire not know that the manual labor of them is conducted ipally by such who now are or will in time come within the ion of this section of your bill. Have this government andi [people of this country no interest in the prosperity of these **> jjufaetories ? I have always been taught, and for one do relig- SLj believe, on their materials virtually depends the completion jiff independence as a nation. * Let me entreat you*to reflect Ire you hazard this dangerous experiment — lest in the adop- tf this hitherto novel principle, and in its operation you may ger the safety or at least the prosperity of our republic by bg its'innufactories a vital stab. torn the present state of our relations with foreign countries, »re, I may say, happily deprived of their supplies of manafac- ►—necessary to our convenience and comfort from abroad, fii»t-at this day depend n Arly entirely ujjion the resources of Wintry. I thank God, the productions of our native soil, fc# genius of our countrymen, are. such as will abundantly Y them. Hitherto, the very arms with which our soldiers •iir battles, havo ( been manufactured by pvv own citizens, t Is said, their clothing will in a little while oe eemposed en* 12 CONGRESSIONAL REPORTER. * tirely of the domestic. The prosperous situation, in vlgch a] our manufactories are now placed will enable them to afford ev« ry comfort to. both citizen and soldier— if improvidently we not by any act of imrs strangle them in their infant efforts. shall boil the .happy diay which will bring with it their maturity which, for the happiness of my country, is not far distant. The gentleman Troni South Carolina (Mr. Lowndes) in decls ing the necessity of the times, and the right the government hi upon the services of its citizens, has done justice to the disj lions and qualifications of that class of our fellow-citizens, differ from that gentleman in the idea of those times. lilave not yet arrived. When our territory or our states shall invaded, we need no other laws than those which now are in istenee both in the general and state governments. I know to be the case in that which I have the honor in part to represei "When a draft takes place, and troops are wanted, our laws 114 exemption between the ages of 18 and 45 years — all are ject to their tour df military duty. When our state is invj or threatened to be inva#d, the existing laws command the stant service of all. I need urge no arguments to this Coi to show where the distinction exists between this service ai voluntary one in distant war. In the former, when the torn performed, the survivors return to Iheir farms, their work-sl and homes. It is not my desire, Mr, Chairman, to prohibit altogether enlistment of minors, when it can be done without a violation! the rights a parent, guardian or master has over them in gov* ing their actions. I have felt it my duty to give you those ons founded on my best judgment, why I eannot vote for this lion, and shall now submit an amendment, which I believe si sedes the motion of the gentleman from New York (Mr. Sto^ Here Mr.L. prepared his amendment, which went to auti the enlistment of minors with the consent of thdr partnts s dians or masters, if ani^they have. The motion was declared by the Chairman not to be iitordt Sundry other amendments were proposed in the commits ter the bill was reported to the House, and negatived. The bill was then .ordered to be engrossed for a third readii . The debate on the final passage of the bill follows : Tbe x engrossed bilUoncerning the pay of non m commissiona fleers, &c* and for other purposes, being under consideration. Qu i n c y , of Massachusetts said-' Mr. Speaker, I am fenfible that I owe an apology for a< ing you at fo early a period of the feffion, and fo foon aftei ing my feat, if not to the Houfe at lead to my particular uents. It is toell known to them, at lead to very many* o\ for I have taken no pains to conceal the intention, that to this ieffion of Congrefe, with a fettled determination t< CONGRESSIONAL REPORTER. IS no part in the deliberations of the Houfe. I had adopted this rcfoLution, not io much from a fenfe of fclf-refpctt, as of public duty. Seven years' experience in th£ bufinrfs of this Houfe, .has convinced me that from this fide of the houfe, all argument i& hope Ids ; that whatever a msyority has determined to do, it will do, in fpite of any moral fuggeftion, or any illuftrati®n made in this quartea Whether it be from the nature of man, or whe- ther it be from the particular prcfriiions of our conftitution, I iknow not, but the experience of my political life has perfectly ponvinced mf^of this fa6l, .that the will of the cabinet is the law of the land. Under thefe impr%ffions, 1 have felt it my duty not to deceive my conftituents ; and had, therefore, refolved by no afe\ orexpreffion of mine, in any way to countenance the belief ■ that if any representation I could make on this floor could be *ufeful to them, or that I could ferve them any farther than by a iilent vote. * liven now fir, it is not my intention to enter into - -this difcuffion. I fhallprtfent you my thoughts, rather by way of proteft that of argument And I lhali not trouble myjVlf atl terwards with any cavils th&t may be made ; neither by whom, nor in what manner. Iihould not have deviated from the refolution of which I i havefpoken, were it not for what appears to rpe the atrocity of (he principle, and the magnitude of the mifchief, contained in ■ K the provifions of (his bill. When 1 fpeak of the principle as a- ktrtcious, I begdiftin€lly to be under flood, ?s not impeaching ► the motive of any gentlemen, or reprefenting them as advocat- ing an atrocious principle. I fpeak only of the manner in which ' the Objefl prefents itfelf to my moral view. ; It is the principle contained in the third fedtion of the bill, of r which I fpeak. That fe£lion provides, that " every person a-' have the age of eighteen years, v>h* shall be enlisted iy vony officer ; shall be held in tfa service of the United .Spates during the period of such enlistment; any thing in any act to the contrary notwithstanding. 99 The nature ^ of this provifion is apparent, its tendency is not denied. It is to feduqe minors of alldefcriptions, be they wards, appren- tices or children, from the fervice of their guardians, mailers and ! parents. On this principle I reft my objection to the bilL I \ toeddlc not with the nature of "the war. Nor is it becaufe I am boftile to this war, both in its principle and its condutt, that I at Ifreienl make any objedlion to the provifions of the bill. I fay nothing againft its wafte of public money. If eight dollars a month for the private be not enough, take fixteen dollars* If ' that be not enough, take twenty.^ Economy is not my difficulty. Nor do I think much of that objefclion. of which my honorahle friend from Pennfylvania (Mr. Milnor; fremed to think a great deal ; the liberation of debtors from their obligations. So far as relates to the prefent argument, without any objedlion from me, you may take what temptations you pleafe, and apply them to 14 x CONGRESSIONAL REPORTER, \ \ the ordinary haunts for enliftment — clear jails—cxhauft i brothel—make a dekrt of the tipphng-ihop— lay what fnares y< pleaie for overgrovvn vice, for lunacy, which is full of age, ai ideocy out of its time. » But here ftop. Touch not private tight— regard the fa ties of guardian and matter— corrupt not our youth — liften tot neceffuits of our mechanics atid manufa&urersf— have congpa fion for the tears of parents. In order to give a clear view of my subject, I shall consider under\tm*ee aspects. Its absurdity— its inequality— its immo iy. In remarking on the absurdity of this principle, it is necessary to recur to that part of the nsessage of the President of the li- nked Stales, at the opening of the present session of Congress, which introduced the objects proposed in this bill to the consid- eration of the JJouse ; and to observe the strange and left-handed conclusions it contains. The paragraph to which I allude is the JhllQwing : » " With a view to that vigorous prosecution of the war, to which our national faculties are adequate, the attention of Con- gress will he particularly drawn to the insufficiency of existing provisions for filling up the military establishment.. Such is* tw happy condition of owe count tnj ? arising from the facility of *o$- sisUnce and the high wages of every species oj * occupation, that not-| withstanding the augmented inducements provided at the last sesr\ sion, a partial success, only has attended the recruiting service* ] The deficiency lias been necessarily supplied during the campaign) by other than regular troops, with all the inconveniences and et J peose incident to them. The remedy lies in establishing morefa* vorably'ibr the private soldier, the proportion between his reenm-i pn::sc and the term of enlistment. Aud it is a subject, which cao-j not too soon, or too seriously be taken into consideration.". j Mi*. Speaker — AYhat a'praure of felicity has the President of| the United States here drawn, in describing the situation of tbej yeomanry of this country ? Tlh&r condition happy—subsistence easy — wages high— full employ— To such favorable beings, what would be the suggestions of Jove, truly parental ? Surely that so much happiness should not be put to hazard — That innoceneoi should not be tempted to scenes of guilt. That the prospering Ii»ughsharc should not be exchanged for the sword* Such would >e the lessons of parental love. And such will always be the lessons which a President of the U. S. will teach in such a state 'of things, whenever a father of his country is at the head of the nation* Alas ! Mr. Speaker, how different is this message ! The burdca of the thought is, how to decoy the happy yeoman frqra home, from peace and prosperity to scenes of blood — how to bait the -man-trap : what inducements shall be held forth to* avarice* which neither virtue, nor habit, nor wise influences can resist But Uiis is not the whole. Our children are to bo seduced from i CONGRESSIONAL REPORTER. 15 their parents. Apprentices are invited to abandon their masters. A legislative sanction is offered to perfidy and treachery. Boun- ty and wages, to filial disobedience. ~ Such are the moral means, ty which a war, not of defence or- of necessity, bat of pride aid , ambition, should be prosecuted. Tit means to such an end. The absurdity of this bill consists in this— in supposing these f provisions to be the remedy for the evil, of which the President , t ' complain^. The difficulty is, that men cannot be enlisted. The * | remedy proposed h, more money — and legislative liberty to J corrupt our youth. And how is this proved to be a remedy ? Why it lias bean told us on the other fide of this House, that , this fg just the thing they do in France. That the age between ! eighteen and twenty-one, is the best age to make soldiers. ' That it is the most favorite age in Bonaparte's conscription. Well, sir, *- what then ? Are we in France ? Is Napoleon our king ? or is he the President of the United States ? The style, in which this ex- ample has been urged on the House, reeals to . my recollection, . very strongly, a caricature print, which was much circulated in the early period of our revolutionary war. The picture repre- sented' America as a pale youth, about eighteen or twenty-one, with a huge purse in his pocket. Lord North with a pistol at his breast, was saying, " Deliver your money ." George III. point- ing at the young man, and speaking to A»ord North, said, " I giv<* voa that man's mouey for my use." Behind the whole group was a Frenchman capering, rubbing his hands for joy, and ex- claiming, " Begar.just so in France" Now, Mr. Speaker, I Lave no manner of doubt, that the day that this act passes, and the whole class of our northern youth, is made subject to the J bribes of your recruiting officers, that there will be thousands of i* Frenchmen in these United States, capering, rubbing their hands VfoJ* joy, and exclaiming. " Bt gar , just so in France." - Sir, the 1 great mistake of this whole project lies in this ; that French .maxims are applied to the American States. Now it ought never ta be lost sight of by legislators in this eountry, Jhat the people ff it are not, and never gznhe Frenchmen — and, on the contrary, ' that they are, and can never be any tiling else than Freemek. ' The true source of the absurdity of this bill, is a mistake in the ,■ mature of the evil. The President of the United States tells us, thai tlie administration have not sufficient men for their armies. The reason is, -he adds, the want of pecuniary motive. In this he% the error. It is not pecuniary motive that is wanting to fill Jonr armies. It is moral motive in which you are deficient. Sir, whatever difference of opinion may exist among the happy and (arise yeomanry of New-England in relation to the principle and bteesaity of this war,. there is very little, or at least much less di- versity of sentiment, concerning the invasion of Canada, as a mean ifproseeuting it. They do hot want Canada as an object of ambi? Han ; they do not want it as an object of plunder* They see no bmgiiiable connexion fhSffeen the conquest of that province, and ' 16 CONGRESSIONAL REPORTER. the attainment of those commercial/ rights which were the pre- tended objects of the wir. On the contrary, they see, and very plainly too, that if our cabinet be gratified in the object of its am- bition, and Canada become a conquered province, that an apology is immediately given, for extending and maintaining in that coun- try a large military force f under pretence of preserving the con- quered territories — really, with a view to overawe adjoining states. With this view x>f that project, the yeomanry of New-England Want that moral motive, which v> ill alone in that country, £11 Tour armies with men worthy enlisting* The/ have no desire to be tools of the ambition of any man, or set of men. Schemes and conquest have no charms for them. , , Abandon your projects of invasion : throw your shield over the seaboard ami the frontier ; awe into silence the Indians in your territory ; fortify your Gities; take the Shackles from your com- merce ; give us ships and seamen ; and show the people of that country a wise object of warfare, and there will be no want of men, money or spirit. I proceed to my second objection, which was to the inequality of the 'operation of the provisions of this bill. It is sever to be forgotten in the conduct of the government of these United States, that if, is a political assoeiation of independent sovereignties* greatly differing in poiri (6of wealth, resource, enterprise, extent of territory, and preparation of arms. It ought also sever to be Jorgottcn, that the proportion of physical force, which nature has given, does not lie within precisely the sarfie line of division with the proportion of political influence which the constitution lias provided. Now, sir, wise men, conducting a political associa- tion thus constructed, ought always to '* have mainly in view not to disgust any of the great sections of the country in regard their interests, their habits, or their prejudices. Particularly ought they to be cautious not t6 burthen any of th< great sections in. a way peculiarly odious to them, and in whicl the residue of their states cannot be partakers, or at least only ii a small degree. I think. this principle of political action is incen« t rover tible. Now, sir, of all the distinctions, which exist in thes< United States, that which results from the character of the laboi in different parts of the country, is the most obvious and critical* In tfc southern states, all the laborious industry of the eoufctr; is conducted by slaves; in the northern states it is conducted bj the yeomanry, their apprentices or children — The truth is, t\x; the only real property, in the labor of others, which exists in tii northern states, that which is possessed in that of minors ; thi very class of which, at its most valuable period, this law propose to divest them. The planter of the south can look round up< his fifty, his hundred and his thousand of human beings, and sa; <• these are my property ." The farmer of the north has onl one or two "ewe lambp*" his children $ of which he ean say wr pride, like the Roman matron— these are my ornanaeattj CONGRESSIONAL REPORTER. 17 Yet thefe, this bill propofes to take from him ; or, what isgiiardians. The moral tie is facred, muft not be broken. It is a principle, that cafes of his conduct out of the queftiom the minor fhall never conceive him feif capable of efcaping from the T Whfc»k-fome and wife control of his mafter or father. The propos- ed law cuts athwart this wife principle. It preaches infidelity. It makes every recruiting officer in your country an apoftleto perfidy. It fays to every va*r>i thoughtlefs, difcontented minor ; ~ " Come hither, here is an afylum from your bonds. Here are wages and bounty for difohedience: — Only confer) t to go to* Canada— Forget what you owe to nature and your protestor s~ ' Go to Canada and you (hail find freedom and glory^-^Snch is the morality of this law. * ' ' 4 Take a Have from his mafter, on any general and novel prin- ciple, and there would be an earthquake from the Potbtiac to the^St. Mary's. Bribe an apprentice from his mafter; feduce a fon, worth all the flaves Africa ever produced, from his father ^ we are told it is only a common affair. It will be right when " there is a law for it Such is how the law» in France ! N> *Mr. Speaker— -I hope what I am now about to fay will not be conftrued into a threat. It is not uttered in that fpirit s but only to evince the ftrcngth of my convi6lions concerning the ^f- CONGRESSIONAL REPORTER. 19 « fe&of the provifiohs of this law on the hopes of New. England,* jpticularfy of MaflTachufvtts* But pafs it, and if the legiflatures ffthe injured ftatis do not come down upon your recruiting of* Jeers, with the old laws againft kidnapping and man ftealing, f*ey are falfe to themfdves, their poft. rity and their country. , Mr. FISK exprefled the aftoniihment he felt at the obferva- pons which had fallen from the gentleman juft lat down. He ptrtainly agreed with the gentleman in one thing * that thofe pho are in purfuit of a favorite objeft frequently overleap the pounds of reafoft and decorum in fupport of it. Now, it had en. a favorite object with tha^entleman to fhield the Britifh pvcrnment from blame ; jJKrit was an object which he cer- inly purfued with the greateft ardor and anxiety. In the ad. refs of that gentleman's political friends, in Congrefs, to their fconftituents, fubfequebt to the declaration of war, it had been geceptively laid, that. a difpofnion exifted iw the Britifh govern- ment to make arrangement on the fubjedt of impreffment. Nov?, (fir, that the ground i$ taken from under them, we, hear that the jobjett of the war is an unrighteous one and we are guilty of wa- lking it. Is it indeed guilty to defend our country ? faid Mr. F» ' The gentleman would overawe the Indians. Sir, the mod in-. pocent party in the war againft us is the 1 Savage himfelf. How [comes he in the ranks againft us, with his tomahawk and fcalp* jjng knife ? Why is he compelled to fhed our blood ? Why |has the gentleman (hielded Britifh inftigation of thdr outrages 2 Again, fir: — Has the gentleman no feeling for the fufft rings, uoear for t}ie groans of our* feamen? Has he no fympathy for thofe relations of life, from which the feaman is torn away, and , par that moral fentiment which is violated in that Outrage— fndare we guilty becaufe we (hield our citizens frona u ? Are We guilty becaufe we refill the Britifh (calping knife ? Recal the year 5 p8 to yoarTecolle6lion, fir, and the pompous difplay of tncrgy at that day, and the armies raifed— - to fight whom ? — a few miferable frenchmen whom they could catch at .11 a- "War *as then a mere amufement . Why, that we are now at war irith the nation which has been feizing our property, capturing our citizens and carrying them into^avery^-why arc our means tf carrying on the war to be limited ? . • As to the provifion of tins bill fo.much objected to* was it ef- fcemed such a violation of all right and principle in the com- mencement of the revolution to take children of 16 years, of age from their>parents ? That was die period when the youth of the country were invited to the field. I was one who accepted the citation, and I have never regretted i*. But, lays the gentle- man, will you take the child from the parent * Sir, which excites *e mod tears— achild leaving his parent to defend his country, or a parent torn from his family to fight for a foreign power ? The truth is, that moft of thofe who objeft to this bill would deftroy all means of carrying on the war, if they coul^L It waa ^e 20 CONGRESSIONAL REPORTER. • t not thought immoral in the war of the revolution to takeyomni of this age, nor were they the lead efficient part of our army But the gt ntleman fays, the property of a matter is thu*> to b taken from him, and the conftitution guarantees that u fhall n< be taken* It is the firft time I have heard apprentices ealle( property, and they will fcarcely thank the gentleman for com paring them to the negroes of the fouth. The gentleman fay we imitate the example ofi Franct. He might as well fey, w are all Frenchmen, bt caufe \\ e fight ; or that Englishmen ar all Frenchmen for the faitie reafbn. The gentleman fpeaks of thi$gyU as though its provilfal were compulfory. Sir, it contamjpothing but an offer to t\ young men of going into the fervice of their country and iteftra ing its rights. * Had thst gentleman retained the pride and f eu ingsof 1776, which has carried us fafely through one war,h would not have thought it difhonorable to go out in defences his country. We have much more caufe for war now than w had then. There is no choice between ^ re- colonization an war, nor has there been any for a long time.* Thcfe who ai now difafll'&ed in the ta(K if they believed G. Britain infiflfi the right to imprefs our citizens, would one and all have draw the fword On our fide. It is becaufe they have been "dtctifd that they have not done fo. It is this cry of French induce which has blinded them. The people of the eaft are jealous their rights — and God fend they may always remain fo. The infmuations, fir, have been a brand of difcord thrown amoj usw It is the divifion they have exeked, and the hope of "ft greater, which has drawn this war upoh us. An yet, fir, what have we been told by the gentleman of oi guilt ? The arrangement of Erfkine, Great Britain rt fufed ratify ; Ihe bribed your citizens to break your laws in a cla eftine trade which is forbidden to the fair and honeft mercto Not a word faid againft it by the gentleman ! And even this moment, when the fword is drawn, after your men & butchered and roafted — after years of outrage have paffed aw —the war on our party is called a guilty contell I Thcfe ftfl 1 ments may* fet m proper to be uttered here ; but they are n American (entiments, and the time is approaching when tb will hot be received in this nation- I tell the gentleman and tl world, that such willbe the cafe. 1 see nothing in the bill e jectionahle ; it contains fom& provisions abfolutely indifpen ble ; artd I thall vote for it with pleafure, ' Mr. D R. WILLIAMS faid if it was poffible ft* him keep down thofe feelings of indignation which preffednp^nj mind, in what t he had now to offer, he would fpeak with di refpe& to the orders of th* Houfe, and not infringe its priviltg^ He wifhed indeed he had not occafion to fpeak ; but, (aid he, it is my misfortune to be the chairtnan of the Milit CONGRESSIONAL REPORTER. 21 r ommittee, more, Mr. Speaker^ by your partiality than by '**' m merit of mine. I am co the nation from winch he talks of re- ining his religion and morality, and I might add, his ideas "^rrights— even in that country, they do not prevent enlift- 51 of minors— thatis, they are not difch^rged on the ground Jnority . I have said before, sir, that we had examples in Town government, drawn not to be lure from the pureft times, t which more than covered the whole calf. A law was psf- {< :■ ( : V ** 82 CONGRESSIONAL REPORTER. fed in 1793 which authorized the enliftraent not only of minor tot every (kfcription of* perfons whom the Prefidca of the U. States thought proper to have enlilled — which author ifcd him to fend recruiting sergeants into every family and taki thofc who fuited him belt This was the principle of his friend* Does the gentleman fay that it was atrocious in 1798 to deftn ouritlves againft the French ? But it has become fo now aecinj the defence we feek is againft the Engliih. The gentleman ha faid we act on an abfurd principle, that we have miftaken th means of carrying on the war to effect : we want the mora means. JJy this I prtfume he tvpuld.be underftood thatthfl people are oppofed to the war, particularly our lartk operations* There feems then to be no moral objection to the war on thj ocean. And, fir, if it be not immoral to fupport the war on thi ocean, on what poffible principle can it be immoral, in the famj caufe, to fupport it on the land I The war on both elements! for the fame objett ; not, as the gentleman fays, to rob aui plunder in Canada, but, according to the motto of the gata captain Porter, for " free trade and Tailors' rights.""' Will ih gentleman take time to tell us, when next draws a comparifcj between the Eaft and the South, what are the fouthern motive for urging the profceution of the war ? Will he tell metbrt have brothers or friends imprefled in the Britifh fervice There is fc^cely a man from the wfrolc fouthern country iatb^ fituation* Where do the majority «f your failors come from From the fouthern ftates or from New-England ? And will tr gentleman tell his conftituertts, when we are laboring to refcj their connections, their fritnds, their children — when we.poi the bayonet towards Canada, for the protection of their fill our only obje6t is robbing and plnnder ? Sir, we ihall be to intents and purpofes colonifts, or we mull fight ourlclvesin pendent. Is there any one principle of colonization which not been brought to bear on us by the Britifh govrrnnient w: more rigor than on the ifland of Jamaica ? Colonization has bed brought home to the habitation of every man! Does not q gentleman know that the Britifh Tun€tionarics have refiifed.l releafe the friends, the children of his brethren, of his conftitj) ems? Is not any argument to the contrary ^ worfe than falfij Sir, a recreant Coward or a treacherous traitor has brought, ftain on this country which nothing butpbyfical force, a fill] the ranks of our army, can wipe off. To effect this defira* ^ object, the bill has been introduced, to which all this ftia and violent opposition is made. Is your recruiting officer dered by this bill to enter the work (hop of the artizan to fedo his apprentices ? Is he ordered into the houfes of your farm* to (teal away their 4bns ? No fir ; its object is to preyent col fion and fraud ; to prevent depredation, as it has been called^ you ranks. It is (auctioned by precedent; it is enforced by nee CONGRESSIONAL REPORTER. 23 fity. Under fuch circumftanees indivfdual convenience ought not to preponderate againft the general good ? We aflc not for the fuftainment of an artocioiis principle, or for the adoption of an immoral law, but for the means to fuppoft a juft war until u*e can obtain dn honorable peace-asmuch for the convenience and real benefit of that gentleman and his friends as of any ia the Houfe. Sir, I hope the Houfe. notwithftanding the terrible Eitture which has been attempted of the rtf< nttnent which will e drawn down on your recruiting officers, -will not fiiffer itfelf to be influenced, much lejs frightened, by the^ gent, from the {troftrcution of its true intercft,as at the repeaTof the embargo, f you will yield to threats from any quarter, better at once a- bandon your feats 'and return to your homes* Let Mailachu- letts, as the gentleman has threatened, refift the law, I thank God there is yet no point of conduct between us, but if the fhall, contrary to our mutual interefti array herfelf againft the general government, I for one fliall not htliiate to fearch for the proof thit flie is only & component part of the Union— *\ot its arbitrds. I£r\ WHEATON said, that being now satisfied that the bill 'Would receive the sanction of a majority of the members present t he would not detain the House but for a singln-moroeat, in adding to the remarks that had already been made. H* regretted ex- tremely that the amendments that had been proposed could not have been received, as without .them He could not, in, good eon- scieoee, give his vote for its becoming a law. He said, he had never been an advocate for commencing the war, the difficulties and calamities jf which the country now felt, and that were he now to profess a friendship for its continuance* his sincerity night be doubtedrat least by some ; he had therefore n6 such profes- sions to m&ke ; but he presumed it would not be doubted when he deelafed, that he bad no objection to a^y reasonable remuncra* . v tion for the services of those unfortunate men who, either volun- tarily or by compulsion, had entered the ranks of otr armies ; said that he did net think the sums* as annexed to the several grades mentioned in the first section of the Ul), were, under every equitable consideration, too high. He doubted, however, wheth- er such an increase of pay were the dictate of public policy. : Pinching want may give courage and resolution to those whom a fulness would render inactive or disorderly. Beside*, as this war must undoubtedly continue at least half a century before any valuable object ! ine* The gentleman from Massachusetts is. very careful to slate that be means nothing personal. But when he says the will of : the Executive is the la\v of this nation, is it not a direct reflec-* : tien on the inajority of this House, charging them \\ith a want of independence to discharge their duty as the Representatives of ; a free people ; and whatever gentlemen may say about the peo- ple in Massachusetts resisting the officers of goV6r»merit, I believe no such thing — the people of that state will not commit any overt act against the government of the United States. ! S{IR. PITKIN remarked, that the power given to a recruiting officer to enlist minors, was aT new principle. It had not been : acted upo* before, or since the revolution — this is a new mods of \ raising an army j were gentlemen prepared to adopt this new i principle? Althougbrby *the resolves of the Congress of 1776, f minors could be enlisted, yet apprentices were exempted— '-and if r any were enlisted, yet on proper application they were discbarg- i ed ; unless it could be shown thie enlistment was with the consent of their masters or guardians. By the law of ^98, the President \ certainly could direct relative to the size and age of a recruit— [ yet to whom did he apply ? Not to apprentices — not to wards — » and then if an officer enlisted an apprentice, without the consent of his master, he could be taken way from him by the w r rit of habeas corpus, and the officer held liable for damages. The 11th section of the law for raising an additional military force, con- tained a similar provision— and it was also necessary, the consent of the master Or guardian should be in writing. Mr. P. did not intend to meddle at all with the policy of the war — he should confine himself to the consideration of the most important principle .contained in the third section of the bill. The effect of this bill goes to infringe all the state laws. * They 41 provide for the relations which exist between a master and his apprentice — a guardian and his ward ; if the apprentice runs away, he can be procured and brought back, and some of the states provide, that when the apprentice comes again into the possession of his master, that he shall serve not only the time lost, but an extra time, to remunerate his master by these services, for the losses he has sustained. If you take away his apprentice you deprive him of his property — this is a loss to the master, or he must recover where the services are due : that is, of the parent or guardian, who are one of the contracting parties to the inden- tures — and where is the remedy ? Will not the officer be also liabit to the state laws ? Does not the constitution say, no laws 16 « CONGRESSIONAL REPORTER. shall be passed abrogating contracts ? This bill will in Its ope- ] ration sanction the violation of contracts, or it means nothing- it sanctions the right to take away the property of guardians, parents or masters, without providing any compensation for the same. I repeat, you are introducing a new principle in the modes of administering government. The pressure isr also beyond com- pyison unequal on the northern states. Do gentlemen plead tbe necessity of the cas« 1 Does a necessity exist superior to th« laws ? "Are we to understand that the stilus populi shall rule with- out control ? If not, then what is meant by this grant to tak* the property of your constituents, and leave them no remedy for tli* injury ? The honorable gentleman from South-Carolina has . referred to the practice of other nations. Great (Britain herself Be ver incorporated apprentices into her armies. , • ~" Mr. Williams . admitted that apprentices were exempt— but / minors were not. Mr. Pitkin agreed, but even when minors are enlisted without the consent of their guardians or masters, they caa be released bv the writ of habeas corous. ♦ I believe that in 1756, Great Brit- ftin passed an act which was 1 designed to extend to only the celo- met, it allowed indented servants to be enlisted into the army— • but this act made provision for the master, if the compensation was claimed within so manv months after enlistment, and the \ necessary facts were proved before any two justices of the peace.^ i "Whether this act was ever carried into eftect I do not know~but I do kno\v that compensation was provided for tho/properjty taken \ from the master in the person of his servant. » Ialmit the word apprentice is not directly mentioned in the i hill — and I cannot say positively that it is designed to extend to that class of our youth — perhaps not— but as its phraseology U , unqualified, and doubts exist, and incalculable trouble may be the - result — why not make the law olear and explicit ? Is it possible j that Congress can, or would seriously contemplate an injury to " private property ? To remove all doubts on this subject and fu- ture trouble to the states and to this House, the bill should be ex- 4 pressed with all possible clearness and precision, I shall vote for j amending the bill by striking out the third section, and on the * final question, shall vote against it altogether. < Mr. TUQUP—If*a stranger in the gallery had liftened to j the member from Massachusetts he would have tuppoied that j the provifion of the bill againft which the gentleman's anathe- j mas were mod vehemently levelled, authorifed the recruiting iergeant to enter the houfe of the citizen— drag frQm it the young man, and transport Him loaded with chains (as is faid to be the j pra&iceofone nation of Europe to the armies. Who would have fuppofed that the provifionjgikrdy authorifed the recruit* ing fergeant to accept the voluntary fervice of the young man be- tween 18 and 21 ? The fervice due to the country prior, hi point t>f time, paramount in obligation, mud yield* fays the gen* : CONGRESSIONAL REPORTER. 87 V tleman, to the fervice due to the matter, the parent or the guar, dian. If, fir* in the days of Rome's greatuefe — if in the proud days of Grecian glory the man cook! have been found bafe and daftardly enough to withhold the young men from the public fervice, to turn them from the path oi lienor ofcjeftrain them from the field of fame, he would have bet n hurk d from the Tarpeian Rock, or configned to the Cave of Tnphonius. The young man is prefer red here, not becauf: he is preferred in France, but becaufe his phyfical conitiuition and his moral tempera- ment peculiarly qualify him for *he arduous duties of the field 1 and camp — bodily vigor and activity, ardor, enterprize, im- petuofity, without family and then fore without the cares which family involve. No wife, no hi lplef> children. Without care •—bat for his country. Without k ar— but for her dishonor. He is moft eminently qualified for the duties , it was felt by .- every nation. Military Wages bore no juft or equitable proportion to the ordinary wa- ffes of the country. In the ftronger and more defpo^ic govern- jj ments of Europe, force was reforted to ; in the more^roild and * moderate, ftratagem, & fraueLand trick. Who had not heard of the triclcsof recruiting lergeant ? Under our own government euliftments t© be lawful muft be fair and free and voluntary — hence the only remedy left us was increafe of pay. But the fil- ling of the ranks was by no mearis the moft important objedt. The increafe of the general refpe£iability of the army was of in- finitely more importance. . The regular fervice had been brought into univerfal difrepute in the country. The caufe is obvious — it was tfefive Hollars per month and nothing elfc . There was nothing ignominious or difgraceful in the nature of the employ- ment ; 'on the contrary it is honorablg*? it inlpircs honorable fentiments. Afk the former why he does not encourage his fon to enlift in the fervice of his country — he anfwers at once, that he can make ten dollars a month on the farm ; that if he has honefty and induftry, any body will hire him for ten dollars. i^3 ;_-.'. 2» CONGRESSIONAL REPORTER. 1 Can there be any doubt that by increafing the pay you will in* " creafe the numbers of the army— n«t only fo, in the exaft pro- portion as you increafe the pay, will you increafe the refpefcla- 4 bility. It is felf-evident — fuppofe inftead of 6:3 or 90 dollars a year, you would agree lo give! them S5000 — there is no doubt but your ranks would foon be filled. You would have the iilk (locking gentry — (I do not know that the army would be much the better for that) — you would chance to have a few members ofcongrefe — perhaps a Secretary of State, perhaps an. ex- Prefi- dent— you would at leaft cnlift honelty and induftry, I fay, fir, the increafe of the refptQahiiity of the army at this moment is of infinite importance With every difpofnion to rely on the militia for defence and offence, we are not permitted to do fo ; the militia are withheld by fome of the ftates. The gentleman and his friends have withheld the militia of Maffachufetts— he would now withhold the regulars. Give chara&er and ref- - pe£lability to the army, and when in a fpirit of jealoufy, 'or difaf- fe£Uon, or treafon, the militia ihould be withheld> you are ftill independent ; you are ftill a government for all the objects of government. If Maffachufetts and Conne6licut— but I forbear 1 Mr. MACON faid it appeared the Houfe was now ina fitua- tion in which it had frequently been heretofore : that is, they take up a very f.nall fu'bjcft, and make a very great one of it. The only queftion for difcufiion appeared to him to be, whether or not they would cnlift into the army young men between the ages of 18 and 21. He was very forry that at this early period of the feffion a difcufiion had been introduced into the Houfe, which bad at aH limes better be let alone — that of foreign influ- ence. He did not mean todifcufsit; but if gentlemen were anxious for it,, he was perfe&ly willing to fet afide a day for the confideration of the fubje£l, and go about it methodically. He regretted Very much that the feature to which he alluded, had been infer ted in the bill ; becaufe he had been in hopes that on the queftion of raifing the pay of the army, they would one and all, have manifefted a difpofition to fupport the rights of the country. In the hope, that they would yet come to an agree- ment on the fubjnSt ; that they could give fome vote of unanim- ity in relation to the war, he fhould move for a recommitment of the bill, with a view to amend it by ftriking out the third feftion. It appeared to him that until a man had acquired po- litical rights, hp ought not to be called on to defend his country. The gentleman from South Carolina fays, the principle of this fe&ion already exifts in our militia laws. I admit it; and hence 1 have always, when our militia laws have been under confid- cration, moved to ftrike out 18 and infert 21. " I hope, if we do not take recruits imder 21, we will alter the militia law alfo, and let the country rely for its defence on thofe who manage its con- cerns. He hoped the Houfe would confent to recommit the bill, and in fome one vote fhew fomething like unanimity. •>»-■«■■■ CONGRESSIONAL REPORTER, 29 t Mr. Randolph rofe to fpeak at the fame moment with Mr. Maron, who however, being firft fctn by the Speaker, obtained the floor./ . ?< *' . Mr. RANDOLPH fard that he was extremely happy, as he did not notice his friend from N. Carolina at the jkne of his rif- ing^—in which cafe he fhouW certainly have given way to him according to cuftom*— that he had 6aught the Speaker's eye firft; I was. about to rife, faid Mr. R. for (hepurpofe pf making a fitnilar motion ; and there are coniiderations on which it is un- neceffary for me to dwell i, and towards which I will not even hint, that render Hat leaft as agreeable to me that the motion for recommitment (ho uld come froifi that refpe&able and weighty quarter rather than from myfelf. I (hall vote for it up- on the fame grounds which would have induced' me ultimately to vote againft the bill ; becaufe it contains provifions, I might fay principles, infufceptible of modification; and in my judg- ment hoftile to all thofe principles which I have hitherto en- tertained, and to which it is impoflible for me to give the landlion of my fupport. I fhall not vote againft the bill for fome of the rea- fons urged by the gentleman from Maffachufetts on my right, (Mr. Quincy) with more of eloquence than temperance, ana fcnfwered iiv a ftyle not diffimilar by my worthy friend on my left (Mr. Williams). They both reminded me of a ftroke of perhaps the only comic poet this country has produced. " The more they ftyured their fide " The more argument they applied.*' » The gentleman from Massachusetts touched a chord, which ha •tight to have known was that which would ensure the passage of this bill; which would excite a temper that Would indispose the . House to listen to the still small voice of conscience and of reason. I, sir, shall vote for the recommitment of this bill, and for rea- sons which I am almosjt ashamed to urge, which I hope to be excused for adducing. They have nothing to do with the ques- tion of impressment, of maratime war, of the invasion of Canada, of the Indian warfare ; but, sir, they are principles which from length of time I am sorry to say have grown so obsolete, like some of the older statutes of those countries of more ancient date than oursclves,that though I am not ashamed of them I am almost ashamed to mention thctn— they are those professed by the Re- publican party in the year 1798, which I had the honor of at- tempting (at least) to support in fhose days-i-the principles, as re- duced to record, of the present Chief Magistrate of our country in those days. In truth it has been insinuated, if not asserted, with much more of candor than of logical address, that the principles of the lull are those of the former friends of the gentleman from Massachusetts on mj left, from which I suppose, that genlems^i has in some way or other deserted. This goes to prove, as far as the authority of the gentleman from Vermont and of my worthy friend from South-Carolina has influence) that a long course of X 30 CONGRESSIONAL REPORTER. opposition ha? inst iileJ into the •entleman something of the prin- ei«:i»*s urisic.i diJ n#t bt:o.i*ti» hi? iYifrid* while in power ; that he i*a d^crter Fror* bis party* and eori^cijm'atiy that I have re-- mcined a faithful eentinel at tnv p*>si. Ii:ui But expect to hear it said, sir, ;i.ai this bid was sat to be optw^ed because a similar < hlii :iad been pa**cd in what used to be tailed the rei^n of terror.* In other \»o«»1s I did not expect to hear it stated that the princi- ples of the administration of the predecessor ot" Jefferson, whkh I suppose be would now be as ready to recant as any man in the nation, justified the bill ; that it ou^ht to be passed because it was fa*liio:ied in conformity to sueh doctrines* It is now, sir; I thinL, so.ne tt,irt?eo or fourteen years ago since a- similar ques- tion wa» agitated on the iioor of this House, and it was my lot. to be compelled to sustain the same side of tbe question whieh I sus- tain to day — for I wilLnot use the qualiuVd term, attempt to sus- tain — against one of the proudest names in this country — against the uiau who now presides, I will not say with what splendor of abilities, at the head of our Judicial Department of our govera- " ment. The House will readily agree that* plain must have been that question which eoutd have been supported with such une- qual od U ; that strong mist have been that side of the argument which could be sustained bui for a moment gainst such an advo- cate. It was one of those occasions on which the gentleman who then presided in the house declared * fc he never witnessed, a more unpromising debate :" it was so— for it was one of those which tended to put that gentleman and his friends into the situation which so many of them — I will not say all — for there are some illustrious examples to the eontrary-~into the situation on which so manv of them have since occupied. It was an assertion of the f A. great fundamental principles of oar government against arbitrary high toned courtly notion* The party then in power had been nearly as long in office as the party iiow in power, and looked at the question pending before them with ayery different eye whilst they wielded the sceptre, than that with which they look at the question now when the sceptre is applied to their backs. I am sorry to say that I fear that the converse of this proposition isin a great degree true, and that those principles which I then sup- ported, and which were the ground of the revolution of political sentiment in 1810 whieh thereafter ensued, have fallen as it were in abeyance y That in fact we have forgotten our oraele. I have 9aid on a former occasion— and if I were Philip I would employ a man to say it every day, that the people of this country . if ever they lose their liberties, will do it by sacrificing some great principle of free government to temporay passion. There are certain great principles, which if they be not held inviolate , *■ at all seasons, our liberty is gone. If we give them up, it is per- fectly immaterial what is the character of our sovereign \ wheth- er he be king or President* Eieetive or Hereditary— it is perfect- ly CONGRESSIONAL REPORTER. SI / ' ^ 1y immaterial what Be his characte(rr-we shall be slaves-it is not ■an elective government which Will preserve us. But I am afraid I have fallen somewhat into error, by wander- ing from the course I proposed. On the occasion, to which I have alluded, I maintained that the provision of a bill then pend- ing, similar to tbat I trow object to, was arbitrary, unconstitution- al and unjust, because it was the nature of an ex post facto law. I It is of the nut bre of an eop post facto law — it is more — it tends to exalt the .military 'authority over the trivil— -it is this or it i* > nothing* If the section pronounce an ambiguous voice, to be con- strued according to expediency, then is there so -much greater reason to recommit the bill, to reduce it to someVshapc which shall reader it intelligible to the meanest capacity. , It goes to aker the nature of a remedy-<~to impart the obligation of a contract* ; A man lias contracted a debt, and his ereditiers arrest him. He"' enlists. He enlists through the grates (if a prison or within the ; limits of prison bounds. The contract between this man and tho" creditor is varied by the law, because the remedy of the creditor I is changed* Let'ttsnot have fc descant on the cruelty of inripris- | ojH&ent for debt, and of the expediency of introducing other pro- vision* on that subject. That is not the question. It is on a law for exempting a particular class of men from those penalties and provisions which attach to all other classes of society. The mil- itary, of all classes in society, that class which we are about to , exempt from the general provisions attaching to other classes, is f that of which the people of this .country have been led Vty all our i writers, by all-our authorities, to entertain the most watchful & ' justly founded jealousy. It is on principles somewhat analagous f to these, or rather' thq same, much Better enforced, that an oppo- sition was maintained to a law, not dissimilar in its provisions (from this, in the winter of 17.99-1800. In the fury and tempest of his passion, my friend from South Carolina seemed to overlook what I thought he would be one ot i the last to forget, that we live in a limited government, possess- | ing Restricted powers, which we ennnot exceed. Has the. con- f uitutton, with the most jealous scrutiny defined the privileges of | i member of this Hou§*> not permitting us to • define our own, f wjd made our principal privilege an exemption from arrest — and. j do we cloth o'urselves with the power of exempting from arrest ! A& libitum a whole class -of society— of creating a privileged oi> I der ? We art? indeed a privileged order— 7 btit we are privileged : by the constitution. I ask the gentleman froifi South Cavoljna"- : whence he derives the power of creating a privileged order- ed shall this assumption of power be attempted in favor of the ', Hillary, of all other classes ? In my opinion, sir, the section to ! *hich I have had reference is freighted with most fatal conse- quences. I will suppose a case. Suppose a man had a writ •erred upon him, and he afterwards enlists f that an escape war- rant is taken out against him, and a contest ensue)* between the .> •y" 32 CONGRESSIONAL REPORTER. recruiting sergeant and the civil officer for this man, and thai the civil authority supports its officer by calling out the force at its disposal — What would be the upshot ? What is it to lead to] 1 need not state the consequences*, These principles, sir, were urged thirteen years ago ; they are urged now in the same plaet and on the same occasion.. I cannot consent, in deference to any gentlemen, however .great their zeal, to admit that I merely urg- ed them at that time from party views, to put down one descrip- tion of persons in order to get into their warm births* I cannot consent to such an admission, and therefore canpot give my sup- port to any hill which contains such provisions* I have said, this will he an ex post facto law* It is so ; it operates not only after the right has accrued to the creditor to sue out his writ, but after it is in a course of execution* Let me put another case. Sup- pose that Congress were to pass a law that every malefactor un- der sentence of death, who enlisted in the army, should not bare the sentence of the law executed on his body. Have you not as good a right to do that as to pass this law ? Would you consent, to see a scuffle at the gallows between the civy authority and the 1 * military for the body of that wretch ? . I will put another case. sir. A son,, who is the only support of \ a widowed and aged mother, in some moment of hilarity, perhaps of intoxication, led astray by the phantom glory, enlists in the army of the United States — I speak of one who is a minor* Al- though I know that freemen of this country cannot be property in the sense in which a slave is property, yet I do allow that the mo- ther has a property in the time of that child ; that he is under an i c^bligatioi} from which no human law can absolve him— an obliga-i tion imposed on him by the maternal throws that issued him into life — by the nourishment drawn from the parent's breast— by tb»i cherishing hand which fostered him through imbecility and infan* cy* You have not a right to take him— I hope then, sir, that n J question will be made of your power. ^ I put another case, said Mr. R. Although an apprentice awl a minor are not property in the sense in which a slave is property* ^here is a class of men unluckily in certain parts ot-our country* in Philadelphia for instance J meay that elass called Redemp; tf oners, who were sold but yesterday in the market of that city.; Is thi\ gentleman who represents that district (Mr.Seybert)wiliwg that they shall absolve themselves from their contract by enlist- ' "' ~*"kt *i ing in the army ? If he is I am. A Rede#nptione^, sold in rluia- deli)hia for a term of years, bought in the market a* fairly as any; other commodity — I say fairly, because bought with Iris owncoiK; . sent, and as he believes for his o\f n advantage— such a person, »j \tempted to enlist, will unquestionably prefer the pay and einolar ment of a soldier, in your army to his present situation. With i*-J gar;l to apprentices, I very much fear, sir, that those who enlist wilt for the greater part be of that description for whom their masters^ have advertised six cents reward, andTore warned all persons fr* m # CONGRESSIONAL REPORTER. 33 * harboring iheni. I remember, when a slhallboy, to have seen a se-> ^ vies of prints by Hogarth, called " The Progress of Industry and Idleness*" Thfe gradations were not more regular than "natural. The one ends with wealth, honor, an eligible matrimonial con- nexion with the daughter of his master, with whom he had been admitted into partnership ; the other is brought up„J>y the gib- bet. Their names were Thomas Idle and William Goodehild. I believe, sir, {hat more of th« Thomas Idles than of any others * 'j will enlist undeleting law — and I sincerely hope they will ; for I very much fear tfovt even William Goodehild, after he has gone through the discipline of a' camp^for live years, will bo utterly un? fii for any other spfceies of employment. This is not all : there are other considerations, which I forbear to touch, which 1 should have supposed would have brought themselves horns to the bosom of every gentleman in this House. Pergonal indisposition has pre*- vented rny attendance in this House, and 1 did not hear of this hill until last night. It was then mentioned to me by one who is fest in the old faitfi, and has often brought the House to a recol- lection of good «1 principles— and I di:l hope that they would this day 'have received more strenuous aid* from that quarter than they have. I hope the House will refuse to pass the bill, if it were only to shew that there is some one act of the administra- tion ©f 1799 — 1800, which the present possessors of power fiave not copied from their statute book* There remains only this and the eight per eent. stock loan — and we arc saved from the latter only ly the infractions of that law which we imperiously refused at the last session to repeal. It is the infractions of this law which has poured money into our coffers, and saved us from the disgrace of an eight per cent. loan. There is another part of this bill whielf strikes me as being inexpedient ; but as I do not wish Jo blend considerations of expediency with those of great and vi- tal principles, I shall wave any thing on that head. I am of opinion, when called into a£lual f rvice of the United , States, the militia ought to receive better pay than tfoat allowed bylaw ; becaufe many of them are in fuch a fituation that their femriies are dependant on their perfonal fi-rvices for fub- Jiitence — and it is Hot poiTibU that, at the priftnt rate of pay, any Ujing can be fpared by the fohlitr for his family at home. In one re fpeft I think my worthy friend from North Carolina has indulged rathej: in curious fpeculations than found prailice, when he would refufe to avail himfelf of the fervices of a man j becaufe lie has no participation in the government. Would be alio disfranchife thofe who had pafled the period of liability jomilitia duty ? I know he would not. But if there be truth in' Ts pofition, that no man fhould be called to perform military uty who has no agency in the government, it wouldfollow that man Ihould have an agency in government who is not called by it to perform military duty. No. 3. DEBATES. . • .. ' Te^jfjLi_'j-ui - i 24 CONGRESSIONAL IfETORTWR Whether, as refpects the regular army, enlistments are to oc procured more readily by an increafc of pay or bounty, I leave to thofe more (killed in military affairs th&n my felf to determine. But it ftrikes me, that it is not by an increafeoi pay that you will obtain any addition to the number o£ recruits. Thofe ivhqpniift in the array do it not tfith a view to the pay, but to the bounty. Take away that, & I venture to fay you may treble the pay and you will hardly get men to enlift. I am confident you would not if you doubled the pay. How far it is politic in a government like that of the United States, to cherifh military eftablilhmentsby high bounties, will properly be a fubjefct of difcuffion when the bill is recommitted to a committee of the whole Houfe, as I trust it will be ; but it always has appeared to fne that if you with to perpetuate any eftablilnment, to rivet it, on a nation, you ought to make it as " relpedable" and lucrative as poffible. What is the reafon that any particular clafs or pro- feffion in fvxacty has held its ground againft all oppofition ? It lias been the " refpe&ability" of the calling, the lucrativenefs of it. If you could never get rid of the army when it was nei- ther lucrative or refpe£table y do you expert ever to get rid of it when it is more lucrative and refpettable— when the whole youth of the country is embodied in it, &> there is fcarcely a fam- ily in the country that has not an interett in keeping it up ? My '.eyes were caught laft night by a paragraph in a newlpaper an- nouncing the trial of a defirrter. It was there ftateel, that the .practice had become fo common as to endanger the fafcty of the nation. Will that pra&ice be diminished by an increafe ©f the pay of the foldiers 2 The man who, was condemned to death was one who had repeatedly enlifted for the purpole probably rf -obtaining the bounty. When, in the Roman Repu|}iic-*na we have been taught by my friend on my right to refer to them —the army became not only a part but the whole of the conibj tution t was the army ever afie6\ed, in point of number or poi er, by the immenfe donatives, the vaft increafe of pay and boui ty given by the emperors ? From the uioment you make tM army what I fee gentlemen defirous of making it, the great h crative and refpedabte profeflion of the country ; when'yoj thin the ranks of law and of medicine — and in that refpedt pen hapsfpare human lifc if not human blood — we have a new 01 dcr of fociety, a new ennftitutioh. Mr. R. then adverted to the laft feftion of the bill. He owj ed it was witfvfome unpk afant feelings he faw this provifion f commutation of fervice from a five years** enliftment to enlu ment during the war. ' But it was highly poffible that upon tnj as well as other topics, on which he had incidentally and w digreffively touched, the Hbufe has heard ohjeQions and argi ments fimitar to thofe he had ufed and infinitely more wortr their attention* * • GOINUKK55IUJNAL, tflSrUK TttK. 35 Before he fat down, Mr. R. faid he ipuft be permitted to re- mark, that although he fhould not, as he intended, from this latenefs of the ? hour of the day v go very far into the book of Chronicles, the Records of 1799— he muft be permitted, and the Houfe would excule him for it, to fpeak in- reference to tranfafiUons of the laft feflion, on the fubjefl of Indian favages, who had been brought up in this day^s debate. The Houfe may npt have troubled its recollection; faid he, with the declaration on this fubjett at that day made by me, and which, however inconfiderately made, I ftill adhere to. ^ The power of the In- dian favages within the limits of the United States, with whom we are in any danger of cbming into collifion, was broken by the lame arm which broke the fetters of Britifh dominion. The peace of Grenville, which followed Wayne's Indian war, put an end to all collifion between us and thofe barbarians ; and there never was, ffom that time up to the tranfa&ion at Tippe*. fcanoe, any interruption of our afcendency over them. When the prtfent Prefident of the UV S. came into power, Mr. R. faid, he had announced the pacific difpofition of the Indian tribes . who were generally linked together in the melfage with the bar- barian Powers of Europe. This declaration of their pacific difpofition had been reiterated in eachftleflage until that of the laft feffion, as Mr. Reproved by quotations which he read* In the meffage at the opening of the preceding feflion, which Mr. R, denominated the penultimate feflion, their pacific difpofition was uiftindly ftated. Thefe continued declarations, he faid f were conclusive on the lubject of Indians and of Indian warfare;. In my defultory way, continued Mr. R. I will make anoth- er remark as to the pay -of loldiers. I had aljvavs tinderftood that in an army it was the policy of the officers to keep the fol- clier poor— I beg to be underftood as fpeaking of regulars only— that as long as the men were flufhed with money, they made by Co much the worfe foldiers— that their fitness and utility as fol- diers was in the inverfe proportion to the goodnefs of their fi- nances. With refpefl to the examples of ancient commonwealths, it muft be obvious to gentlemen much lefs well read in them than the gefatWman from Georgia who has alluded to them, that there is no analogy in the cafes he cited— that their governments were anomalous, having no fixed principles, nothing that we fhould call civil or rational liberty — that they were ignoraiit of the lib- erty of confeience — that they had not reprefentative gfo^rnment* How then can there be any analogy between them and ourfelves who fit here under, a fpecific and limited authority ? None I be- lieve can be pointed out. ■ • It appears to me, fir, if this bill be not recommitted and do not undergo alteration, it will endanger collifions of authority between the ftate and federal governments, Iwouldafkby 36 . CONGRESSIONAL REPORTER. ~ what right can the federal government undertake to difpenfe with the law of a ftate in a cafe of contract between two citizens of the fame ftate ? I woiild afk> with cU fcrence and fubnjiffion, whether thejlat* courts will feel themfeves bound by this law* In fome Hates they may ; but in a majority of the ftate s I truft thty will not. And, notwithftanding what the gentleman from South Carolina has faid on the luoj 6t of the condinSl of Muffa- chufettsat is a matter of notoriety that the oppolition of Virginia and Kentucky did put an fcnd to Mr. Adams' war, we took our Hand, fir, and on principles for which I have been attempting this day molt fe.blytp contend, we triumphed. The patriotism and good fenfe of the American people ratified what we did^ If you doubt it, look to the authority* At a feflion of the Virginia Legiflature iri 1799 certain refolutions paffc d which produced nearly the fame language on this floor in relation to her as we have to-day heard from the gentleman from South Carolina* They would not be dragooned into the meafures of the then ad- imniftration. Thefe refolutions of Virginia begat in other ftates intemperate rcfolves in favor of the war with France, and vitu- perative language refpedling the conduct of Virginia and Ken- tucky. Thefe rtfolves were* at thekfiion of the Virginia Af~ fembly enfuing, committed to a committee, of which the pref- cnt Chief Magiftrate was chairman, and a report was drafted by him in fupport of the ground then taken in the ftates of Virginia and Kentucky. Mr. .R. then quoted fome of thefe refoufcions, which the reporter has not at hand, in which the Legiflature deprecate the war wkh France as unneceflary, and rec6mmend that,inftead of expending money on needkTs armies and navies, the government ihould hufbandthe publicreiburces,&c Sothat, fricl,Mr* R. according to the doflrime o\ that day, as laid down from an authority «ot lefs then rtfpefted by those out of power than now by thofe in power,the true policy of this country was~ to do what ? Not to raife volunteer or military corps, not to lav- ifh your funds on regular armies, but " to husband the puBlic rcfourccs. ,, I ihalh faid Mr. R, in conctufion, go no farther, but content myfelf with having proved that I am an irreclaimable heretic — that I will not, for the fake of expediency, give up prin- pks and opinions with which I came into public life — that if I am wrong now* it has' been my misfortune to have been fo for fourteen years^nd at lead for one period of my life, that I had the fortufie of erring with Pluto rather tharvbeing right with oth- er people. Mr. WILLIAMS, fa id he flood reproved, but not corre&ed, by the gentleman juft fat down. I was charged, fir, laid Mr. W. with advocating an atrocious principle, and I throwback the af- perfion on him who made it — I am much miftaken in the char- a&erofthe gentleman from Va. if he would not have done the fame with as rwuch * fury* at le^jLps~I could. 1 Hand then reproved, fir, but not corrected. I have advocated the provifion of this bill s I CONGRESSIONAL REPORTER. ♦ 37 tnoll objr£ted to, for three reafons ; that it is fanfiVionfcd by the tifage of other countries ancf of our own; that it is founded on the lime principle which run$ through all our laws* that the Ser- vice of the 'citizen is due to the nation which protects him and in the government of which he participates, and that it is particu- larly called for by the exigencies of the times. Thefe reafons have not been met. Until they are rebutted, I muft fupport it. On this occafion, at leaft, it cannot be alledged that arguments addrefled by members on the other fide of the Houfe have no ef- fect on this ; for n© argument has been ufed in reply to ihofe which have been advanced in its favor. With rdpe6t to k4 dragooning*' Maflachufetts, lir t I feel no ' more dirpofition to do it than that gentlejnan : I believe he would (brink with as much inftinftive abhorrence from rtiea- fures openly advocated in that country as I would Her lead- ers dare not tell the people that they refufeto grant their phyfical force to fupport the country's independence— to fave it from Britifh domination. The. gentleman from Maffachufett9 did not fay fo. They writhe under the lafh, but dare not defend their conduft. T*ere is no point of contact between her and the union — God forbid there {hould be ! — but if there (hould be, I would be one that would teach her to know her duty. Is the oppofition of Virginia in the days of terror to be compared to that of the prefent rulers of Maflachufetts ? Theoppoimon of the one was conftitutional — that of the other is n©t. Yes fir, I do hope that the authority of the union and of that ftate may never come in conta6t, that we may not be under the neceffity of putting down the defperate meafures of that ftate. Sir, when we are infulted, when we are * 4 dragooned" for endeavoring to put our country in the armor the times call for ; when an attempt is made to deprive us of the means of defence ; I for one, will not refrain from exprefiing my fentiments of fuch conduct, and of the remedy Sot it. * ' Mr. BIGELOW rofe, he Faid, not to enter into this difcuffion, but to c^prefs his regret that any remarks had been introduc- , ed into c>ebate irrelative to the:fubje£t, and particularly in re- lation to the conduct of Maflafchufetts. He was forrji to hear the gentleman from South Carolina fay that the repn fentatives from that ftate writhed under the lalh* but dare not defend the con- du6i of their executive. Wh »n the fubje£\ (hould come prop* "erly before the Houfe, the gentleman would find them not loth to enter into debate and to defend the conduct of the authori- ties of the ftate in the cafe alluded to. He had rifen, tie faid, for no other purpfcfe but to give this intimation. Mr. JOHNSON faid, the gentleman from Virginia (Mr. Randolph) had made it his duty to tropbfe the houfe with a few remarks. Mr. J. faid the Houfe would recoiled* that at the laft leffion he advanced the pofition, and indeed had ftated that there was no fatisfaftory evidence to . prove that the Indian 38 CONGRESSIONAL REPORTER. tribes hoftile to the United States had been ftimulated by Britifh pqjd or Britifh influence, or the local authorities in Canada act. mg under the fan£)ion of the Bririfh government, to take up arms againft the people of this country, and to murder unarmed and defcncelefs individuals oa our frontiers.. The Houfe will recoiled that this fafil was either denied or confidered problem- atical by the gentleman from Virginia; who at the fame time gave a pledge, that could he believe that fuch was the !a£l. he would. not only vote for a declaration of war againft Great Bri. tain ; but he would march himfelf with him (Mr. J.) to Canada, to take poflrffion of that country : that on the prefent occafion the fame fa& was denied, and the fame pledge renewed, and a meflage from the Prefident of 1810 had been read to prove the friendly difpofitioos of the Indians, and to deny the fatt of their hoftility. Mr. J. faid, he afked the gentleman whether he de- nied the hoftility of many tribes of Indians to the United States ! Would he deny the fa&, that the favages were employed by Gen. Brock at Detroit, and at Queenftown ? Would he deny that the lavages were now in the employ af Great Britain in Canada, clothed, fed and paid ? would he deny what was admitted by official communications from Britifh officers, and what was feen by our countrymen in arms ? Would he deny, that after the furrender of Detroit, Fort Wayne was attacked and invefted by the fame tribe of Indians that is now in Britifh pay^and Britifh influence, and that 200 Britifh regulars ?nd Ca- nadians, together with about 2000 lavages, had traverfed a wil- dernefs of 150 miles from Maiden, until they reached with- in 30 miles of Fort Wayne, with cannon to aid the attack upon that place ; but who were fortunately driven away, and com- pelled to retreat by the left wing of the North, Weft army ? Wobld he deny {hat the Indians fought againft us,' and by the , fide of Britifh regulars near Brownftown, where they were de- feated by the valor of our troops ? Would he deny that the fame hoftile lavages had fallen upon our frontier after the furrender of Hull, committing their barbarities, until checked by the for- ces from Kentucky and Ohio ? Mr. J, faid it wa$ no longer a matter of opinion or belief, but a notorious pofitive fa6l— where then, he required, was the promifc of co-operation ? Where was thcpledge that had been given— or was it fuppofrd that the Britifh were now juftified in employing the favages to murder defencekfs women aqd children* or to employ them in a contcft between civilized nations ? Mr. J. laid he had not been unmind- ful of the pledge which had been givenrrhe thought of it when he was in purfuk of the favages in company ivith brave and pat- riotic men. He fhould have been much gratified to have had the gendeman from Virginia by his fide, not Only in the purfuit, but he wopld have been more gratified to have found the ene- Bflfy, Mr. J. faid he did not feci difpofed to purfue the gendeman •% CONGRESSIONAL REPORTER. 39 from Virginia in other remarks wh\ch he had made— the gen- tleman had enumerated principles which .in hi* opinion would at fome period deftroy the republic. Mr. J. faid the liber- tics of the people and die caufe of the republic would be much more likely in his opinion to be jeopardized, if the "gentleman was to fucceed in his oppofttion to a war, which was not only juft on otir part, but one 4 which could not be avoided. ' The gentleman from Virginia had fpoken of his owncori- fiftency, and his Handing at his poft as a faithful centinel ; which was all admiffible. But not fatisfied with this declaration, the federal gentlemen tifcxe reprt Tented as having changed from the high toned meafures and principles in the reign of terror and become advocates of independence and freedomjr-and that of the republicans in this Houte, the majority had abandoned their old whig principles. Mr. J. obferved, that if jthe day was not almofl gone, and the patience of the Hbufe exhaufted, he Ihouldfeel it his duty to relbrt to the records, the journals of the Houfe, end examine the corre£lnefs of the ground which had been af- fumed, but riot maintained, as to the confiftency of gentle- men.* For his part (Mr. J. faid>hc fhould content himfelf with fayihg he believed the majority were fupporting the great caufe of the country, of independence and freedom, and that an op- pofite codtle had an oppofite tendency. The queition was then taken on the motion to recommit the' bill and loft. For recommitment* 42> Againftit 62, The bill was then paffed without further debate, by Yeas and Nays as follows : , J YEAS— Meffrs. Alfton, Anderfon, Bacon, Baffett, Black- ledge, Brown, Butler, Calhoun, Carr, Cheves, Clay, Cochran, Coridit, Crawford, Cutts, Davis, Dawfcn, Pefha, Dinfmoor, Earle, Findley, Fifk> Franklin, Gholfon, Goodwyn, B.Hall, O. Hall, Harper, Hawes, Hyneman, Johnfon, Kent, Lacock, Lowndes, Lyle, Maxwell, M'Coy, M'Kim, Metcalf, Mitchill, Morgan, Morrow, Nelfon, Newton, Pleafants, Pond, Rhea, Roane* Roberts, Sage, Sawyer, Seybeit, Shaw, G. Smith, J. Smith, Strong, Taliaferro, Troup, Turner, Williams, Widge- ry, Winn, Smilie, Richardfon . «—64. Thofe who voted in the negative are Me (TVs. Bigelow,JBoyd,Breckenridge, Brigham, Champion, Chittenden, Cooke, Davenport, Ely, Embtt, Fitch, Gold? Huf- ty, Jackfon, Law, Lewis, Macon, M'Bryde, Milnor, Mbfeley^ Newbold, Pearfon, Pitkin, Potter, Quincy, Randolph, Read, Ridgely, Rodman, Sammons, Stanford* Sturges> Taggart, Tall- madge, Wheaton, White, Wilfon— 37. 40 CONGRESSIONAL REPORTER. . HOUSE OF REPRESENTATIVES. THUfiSDAr, DEC. 3. Debate on the report of the &omniHlee of Ways and Jlleans an the petition of sundry merchants, praying a remission of the bonds given on the recent importation of British goods, Mr. JOHNSON, after fome preliminary remarks, faid the committee of Ways and Means had examined the Ihbjectof J the late importations ofBritifh manufactures with confkierable attention ; and after much deliberation and difficulty had report- ed a resolution to the Houfe recommending a reference of. the whole fubjeft to the Secretary of the Trealury, % who had ample power over it. The Prelident had, in his very able and lucid communication to Congrt fa at the commencement of the feffiori, t reprefented to them that a conliderable number of American veffels had arrived in the Un> d States laden with Britifh man- ufactures under an erroneous imprtflion that the rion-irnporfa- tion^act would eeafe to operate upon a revocation of the Britilh . Orders in Council by the order of the 23d of June laft, and up6n a fubjedi of fuch magnitude the Secretary, of the Treafury had not exercifed the power of mitigating the forfeit- ures incurred, -that Concrete mighthave previoufly an opportuni- ty of making fuch provifionas thny might deem expedient, and recommending this body to confult equally what is due to equi- table confiderations on the part of the merchant, and what is due to the public inti reft. It has not been recommended to Congrefs to interpofe, but ati opportunity has been given, that Congrefs might, if the vitw^ of the Secretary of the" Treafury did not corrtfpond with their own* The Secretary of the Treasury has expreffld himfelfin the fame chara&er. Coiifidering the magnitude of the fubjed and the unfor»;feen nature of the cafe, it was thought proper, not to ex/rcife the authority vefh-d in the Treafury Department, until Congrefs had taken the fubjcCl into confideration and pre- fcribed, if it was thought proper, the courfe to be purfued. There is no reluctance exprefll d ehhfcr in the Prefident's com- munication or iu Mr. Gallatin's report to a£t upon the fubjeS, and independent of tlfis evidence feveral members of the com- ' rnittee know perfonally that the Secretary of the Treafury feels no enjbarrafiment in afeUng, provided the matter fhould be left * for his difpofition. - WH|fdid the Secretary of the Treafury fufpend his decifipn in this cafe until the will of Cqngrefs fhould be known? The reafonis obvious. The confideration was weighty. By the infraction of an exifting ftatute; thi non-importation a£t, Britifh manufactures tothe value of twenty millions of dollars had be- come forfeited to the government of the IL States. The vcf- fils and cargoes had been feized and fuits in every cafe com* menced in compliance with ft*utory regulations. .» - CONGRESSIONAL REPORTER. 41 * This twenty million of dollars belonged to the United States >y forfeiture. The Secretary of the Trcafury, confulting equal- s' in his decifion equitable coniiderations and the public inter, fit, formed his opini^ as expreffed in writing that there ought lot to be an unqualified r emiflion of the penalties and forfeit- ires-in favor of the importer, nor a total exaction for the public xncfit. But that the one half of the forfeitures which would ttherwifejall to the fhare of collectors ought to be remitted ; J ihat with refpe6t to -the one-half belonging to the United Statrs, iuttice to tlie community requires, that when ' remitted, at' leaft an equivalent may be ftrcn^ed to the Rublic for the extra profit bivond that on common importations which arifrs from the^continuance of the non- importation aft. This opin- ion formed and expreflVd, was not executed, although the pow- er was without limit. It was wifely delayed, that an opportu- nity might be given to the repn fentatatives of the people to ob- ject to fuch a mitigation. The power of remiflion or mitigation once cxercifed would effectually deftroy the right of the govern- ment; A^^is a favorite adl, a mt afure of redrefs againft a for- cign enesr^Riad been violated, by whiah thefe forfeitures had accrued, it was due to Congrefs, that an opportunity fhould be afforded to object to fuch difpenfing "power, and to make any provifion that they might deem expedient. It muft have been this view ^ of the fubjeft which delayed the Secretary of the Treafury in tl\e exercife of iits mitigating powers* and not any tmwillingnefs on his part on this as it never has been on otlier occafions, to do his duty, without a dc fire to fhrink from refpon- fibility. Why object to this reference ? Why interpofe in this cafe ? No new power is given. It was given under the admin- jiftrdti6nof Gen. Wafhington. It has been continued until the Kfent moment, confedrated by the neceflity of the provifion. ake the power away in this inftance~you do not propofe to 1 e it away in any other — it will remain as it has remained from foundation of this government, a permanent and indifpenfa-* provifion. No individual wifhes to change the ftatute nor ft the power. Why interpofe then in this cafe ? The oppo- ion comes from thofe who contend for an unconditional re- iffion oflthe bonds ; of courle the objection defes not arife from e extent of the power, or the nature of the power, but becaufe ... power is not exerciled in its greateft extent. Indeed no ob- on can be made to the power of the Secretary of the Treaf- ; t)ie ftatute does not give him the power of committing vi- nce— -it does not legalize any outrages. No, fir ; it gives the power of remitting or mitigating forfeitures and penal- in whole or in part, incurred by a violation of the Jaws of ' , land. If the power fhould be exercifed and the bonds of the orters cancelled ; then, fir, the rights qfifihe U. S. are gone 7er. But if too much fhould be exafted ; if the conditions miffion fhould be oppreffive ? we have loft none of our pow * 42 ' CONGRESSIONAL REPORTER. » « cr to interpofe : tfie friends of unqualified remiffion cannoMhere fore, object to the power, becaufe they have the advantage ground of thofe who are not willing wholly to facrifice the pub* lie intereft. If this propofition wanted fupport from any farther confide rations, they might be added. As it refpe&ed the U. SJ it was important that the txtrcifeof the power of the Secretary fhotild be delayed ; but on account of the petitioners it was.not* Take the cafc of" A.'* alone, andCongafs would not be caller upon to interpofe. The fubjc6t would riot be of lufiicient mag- nitude ; but when you unite the cafe of B. C. D. and the wlr L of the alphabet, if you will — then comes the objection V thei cuniary inter* ft of the merchant, and not his rights, are conui trcd. Take one infulated f the Secretary of Treasury is naturally involved in the discussion. To consult what is due to equitable considerations, thg man 1 in which the non-importation act has been violated must* matter of examination. The committee of Ways and Means furnished with papers by those who represented the merchant this ease which is a clear manifestation that they were not i rant of t£e provisions of that law by which 20,000,000, has forfeited to the TJ. S. It contains, verbatim, that clause in act of March first, 1311. winch sanctioned the President's pr mation of Nov. 2d, 1810, by reviving the non-importation pa tlfce non-intercourse against G. B. " Sec. 2. And Ititfyurtiicr enacted, That in ease G. Bri shall so revoke or modify her edicts as that they shall eea violate the neutral commerce of the V. States, the Preside the U. S. shall deelare the fact by proclamation f and such f V CONGRESSIONAL REPORTER. 43 < , nation sliall be admitted as evidence, and rio other evidence dl be admitted of such revocation or modification in any suit, • And the restrictions imposed, or which may hie imposed by toe of the said act, shall from the date of such proclamation tse and lie discontinued " Prom this provision in the statute, the President ^Vas made the e judge of what revocation or modification of the British or- •sin council would justify a suspension of the non-importation if which fact was to he declared by proclamation, which was to the only evidence of the fact of such, revocation or modification ; d the restrictions imposed upon our commerce were to cease im dte date of the President's proclamation, and not from the jrocation of the British orders in council. In defiance of this owlcdge, the shipments of British manufactures were made. The importers not only anticipated wh,aOhe President would in consequence of the order in council oWune 23d, hut placed emselvcs in the character of judges for tne people of tire U. S. what modi Re^tion or revocation of the British orders, 1807 and which wouid justify a suspension of the non-importation act— . p& attempting to arrest from the Pi*esident the high power aied in him. alone by act of Congress. . This course of measures was pursued by a hasty and precipitate jportation of British manufactures, without waiting a reasona- e time for jthe President's proclamation, from the date of which mmercial restriction was to cease. Was this an innocent in- fection of an existing law ? What motive actuated ? The pros- jet of gain — self-aggrandizement. The honor of his eonntry |» forgotten ; the law considered a dead letter; and British ag- pssions overlooked. It was a desire to come with their wares into an exhausted mar- &— to enrich themselves — to out-run other merchants who wait- |fcr the administration of the law by the proper organ., Tho fraction of the law was not innocent. I will not say it v?asfraudii- x *t. It was a violation with their eyes open to their oxen person* If the revocation of the British orders in" ctmn oil had such as to have admitted of no doubt of the suspension of the importation art, the merchants were advised by their shew- that it was illegal to make shipments until the emanation of President's proclamation. It was not only prohibited to our izens to make shipments ; but to load their vessels with intent before such proclamation, was a forfeiture of the goods. gave notice to all* under what circumstances trade could be mod, and placed the community upon an ^quality. In risqu- J a voluntary infraction of law, thf importers of British mer- mdize should have chosena ease less embarrassed than the ritish order of revocation. The conditio of the re vocati on are Mmpatible with the vital principles of our sovereignty and inde- fedenec. 1. British armed vessels are to >>e admitted to the spitalUies of our waters and ports, without atonement or re- i 44 CONGRESSIONAL REPORTER. i castt favorable for the importing merchants toj vs oft he President in violation of law. Thi pentanceforthe insults and injuries received by our citize the vexations of the commerce, in the impressment of our sea and in the slaughter of our people. 2. The suspension of non-importation act, 3. The right is positively claimed of sorting to the orders in council,as a measure of retaliation France, whenever the British ministry shall deem it expedi Admit that they had aYight from our promises to expect a pliance with the two first conditions, the third was surely an in to our injured feelings, and declaring in so many words that arbitrary principle of plundering our property on the high was a right which they had only relaxed until it was deemed pedient in the sight of our enemy to fix it upon us. It is uniir sary to hazard an opinion, as to the course which would been pursued by the President under this insidious and disg relaxation of the British orders in council— it is however evi that it was not a ticipate the views or* ne Jfrcsment in not the only view which will enable us to consult equally eq ble considerations and the public interest. The measure of importation must be examined. -Without an enquiry into merit of this act, the reasons are obvious why there should no a voluntary and totajl violation of a positive statute with impu and more care should be taken not to give premiums to oue of the community to do that whjch in our legislative chara we refused to do. It is well known that Congress at the last sion. refused to repeal this non-importation act in whole or in —and I am unwilling that the act should be repealed by fore do not speak of hard cases. I speak of the ordinary trade' G. Biftain. There is one class of importers entitled to eons ation above all others —those who purchased their goods in Fall, 1810, before the non-importation act was revived by President's proclamation of 2d November, or who had pureh their goods previous to the 2d of February, 1811, which, the departui^ of vessels from British ports by the act of M 1811. This maybe considered innocent tonajide American t being American property, purchased before the. restrictions in operation, and the merchants being compelled to wareh such goods at their own risque, until the late revocation of British orders in council. The dilemma of this property wa S reduced by a voluntary act on the part of the purchaser, eyed the impulse Of duty in storing away .his goods, ma sacrifice rather than violate theiaws of the country ; and in tion to this reason for a distinction, and not less powerfnl, is. Congress did by law admit to entry all property shipped British ports prior to the 2d February, 1811, although by the vious existing provision forfeitures were incurred unless the^ set arrived within our ports before that period. To make a crimination in thotte cases where it can be done is assuming ground of equality. I was not unwilling at the last session t J CONGRESSIONAL REPORTER. . 45 it i a parufB suspension of the non-importation act for the double- j>ose of relieving the bona fide American merchant who had funds in Great Britain, and to prevent at that time internal jation. This- suspension was to be limited as to time, and re- !eled as to articles which would have relieved us^frdm imposi- is which hav§ been lately enacted .in the sale of certain articles* ^ the British manufacturers j&mld not have b#en relieved from* ir great distress, nor would our own manufactures have suf- cd by the competition. Upon this subject I have not changed opinion. I wa*s at that time against a repeal of the non-im~ lation act \ at this time I am against any relaxation — nor did partial relaxation which was attempted at the last session template a direct trade with Gr .at Britain. It was prohibit- ppressly. A total repeal was tlien attempted and failed $ and fonder those who have at all times advocated the abandonment Ihe non-importation act as a ruinous measure should advocate jjrepeal by actual violation — by force. So much has been sug* feed without regard to the merits of this measure of non-im- itation. * The non-importation act is a measure of redress a- bst British aggressions, and rigidly enforced it is a powerful- spoo. It is not a system of the moment, nor <%as it adopted Diout due deliberation ; nor has it been persevered in without itolute certainty of its efficacy and beneficial results- It might . traced to jthe revolution ;.. it might be called the offspring of in 4 epoch, originating with wisdom,* o which we are indebted for jr high destiny as a free people* The jott*ftals of the old Coh~ m need not »e consulted. Let the period of 1805 be called to taction ; that was an enviable period for the American pat- when the importing and exporting merchants united in writ- toe hundred and forty pages in various memorials to Congress fast the piratical conduct of British cruiztrs acting under tish orders. It was an application of the rule of '56 to the merce of the United States "; a rule fundamentally* wrong, the conduct under it the most atrocious. Plunder and pira- w»s the order of the day. Trade consecrated by public law jjeet to fluctuating decisions ; fiiles of evidence disregarded ; Is and cargoes subject to the arbitrary discretion of English unals. The rule of '56 never was executed until 1801-— then alternately enforced and abandoned — until the merchants wl in the fall of 1805. In ** 9 S6" it was the case of the Dutch # ing colonial produce the'property of an enemy. It was not pcstion of" security in cases of bona fide neutral property* |fis iolonial trade had become lucrative ; the wealth of our kants was employed in purchasing colonial; productions ; light to the United States, the direct trade being prohibited, surplus was exported under the sanction of the most sacred long established principles of the laws of nations, as well as British admiralty courts. Under these sanctions^ without ce, and with a motive to plunder, our rich cargoes spread over the face of every sea, are 9wepl f rota the ocean by British art vessels. Not satisfied with the regular trade of the American m chant, it has be.cn periodically a prey to feed the hungry ap tite of the .British navy and her cruizcrs. She destroys the co meree of her enemies — she plunders the commerce also of n< trals — and as our neutral and maritime rights hare been imp tan J to our citizens by their entezfrizc and industry, and as tl have promised us prosperity and wealth, in the same degree ha tbey been subjects of British jealousy and outrage, The mi chants were united in their complaints — Congress is urged resistance — the government was called upon to outstretch ( right of its power — while the merchants were swearing upon altar oi* eternal justiee, that they would avenge the bleed wounds of I heir common country. In N. York the nierchaj in their memorial recommend pcririi^ion to be given to the s men to resist with force of aims in oui» own waters. British pn gangs. The disgrace of submitting to plunder and outrage m felt. Ready to support the cause of the merchants. Congress beyed their impressive call. Mr. Monroe reiterated the sal complaint from Europe. Something must be done* The 18 of April the partial non importation act was adopted, to take jfcet the 15th of November following. Congress was not lo deceived. Dismay seemed to succeed this display of zeal. Ge mereial sensibilities were blunted. Aggressions were more eoi Bion — prospects were darkened — those who urged the nation resistance were the first to condemn it. Commercial restrietu with Great Britain was opposed — and when war was declared,rt war was opposed with fourfold violence — the alternative was mission. No cessation on the part of Great Britain of her itle acts — they increased ; no concession of rights, no atonei made. 2 2d December, 1807, an embargo was laid—contim 14 months— and repealed by act of congress" 1st Mai 1809. The. non-intercourse continued about 14 months, and « pired with the end of the session in May, 1810. The first of 9b 1810, before the close of the session, the act passed which autlri ized the president to revive the non-importation part of the nf intercourse, which was about to expire upon certain oontingj cics. Accordingly, the 2d November, 1810, the non-importatj was revived against Great Britain by proclamation, which el thiucsih force. This is the history of our commercial rests tions. While the people are fighting for commerce, and a frceti I am unwilling to see any class of citizens carry on a trade the enemy and under licenee. It would be gross injustice to other classes of the community, and it would induce the mere! to look to a foreign government and an enemy for protect! The calamity of war is acknowledged. It has been resorted tit thy least evil, and all must bear the calamity as it comes in thero, as our fathers dpd before us. The time has arrived when we must aet with energy, The partial non-importation law was too weak— the embargo was too weak — the non-intercourse was loo weak— these measures were weak because the mercantile elass of the people was strong ; our weaknesses originated from their strength. The partial non-importation was suspended — the embargo was repealed in a moment'of alarm — and th$ non-inter- eours of our manufacturing eftablithments. The want of capital is no longer lelt; The United States abound in the raw materials of j ikfe various manufactures, and as to the nccelfaries of life, no country can boaft of equal abundance. ' From this view of the fubjeft it might be urged that the United States has been injur- : ed in theft late Britifh importations, fave a benefit arifmg from a revenue of j^e millions of dollars. Here a foundation is laid I to deftroy our dependence upon Great Britain. When that is ; deftroyed we fhall not have fo much to fear from herjealoufy. ! When the two nations are convinced that they can do without each other, they will be better friends, and our diflance ydll pre* vent future wars. Our exporters fell their cargoes of flour to * the pehinfula of Spain and purchafc a bill of exchange upon Great Britain, The importer purchafes this bill from the ex- <• porter.and (hips to this country Britifh manufactures. Here is dependence on our part. On the part of Great Britain fhe depends jppoiv the markets of the United States to fell her man- i ufadures and get a fupply of the raw material to fupply her werkfhops. This powerful clafs of Batifkfubjefts, the man* usurers, prefer the markets of the United States to the markets of any other part of the globe,, and the reafon is obvious. In every coofli£l therefore, between the two ftates, founded on Britifh aggreflions, this country may calculate perhaps toOstnuch upon their markets for Britifh fabrics as an inducement on the Part of Great Britain to abftain from further violence ; aqd G. Britain make flill flronger calculations upon thfe oppofition in this country to meafures of hoftility. If the 'non-importation aft ihould fail as a means of redrefs, this view gives fome con- folation, in the hope that if this ftate of things muft continue, it will convince the two powers that tfaey can live without each other. I flatter myfelf, that the United States would only feet 8 temporary evil, if from any neceflity it was cut off from an in- tcrcourfe with Great Britain never to be returned— our refour- <*s are great, ogr wants can be fupplied.^ I come laflly to con- fider the fa6ls and the teftimony in thta cafe, and although I Jhall be bound to confider the ftatement of the merchants as interefted parties, and the examination will prove it, flill I fhall % nothing to derogate the high charaQer, the great refpe&abili- No. 4. X>*BATgS* 56 '* CONGRESSIONAL REPORTER. ty and the extenfive information of thofe committees of mer chants Who have appeared before the Committee of Ways and Means* The teftimony reported has only made otit one fide of the queftion- It would aftonifh thofe who are unacquainted with judicial proceedings, particularly in chancery, where in- dividuals of the firft and equal refpe&ability contend for their rights, and each party, though equally zealous in his own be- half, make out very different and oppofite cafes. Here the judge leaves the ftatement of the parties and reforts to other teftimony, either verbal or written. Indeed fome times the par- ties make ftatements contrary to the records of the courts which is the higheft (pedes of evidence- A chancellor who had never adorned the bench of equity, Would be ftill more aftonifhed in cafes brought for his adjudica- tion. He would take up the bill of the complainant and read it— he would look at the party making the ftatetnt nt — he would acknowledge his refpettabifity, his high (landing, hisunfuf- Se&ed veracity-^-and without further inveftigation hejwould ippofe no doubt could exift as to the juftice of the claim, and would feel a difpofition forthwith to enter a decree againft the defendant But when his duty compelled him to travel over the ftatement of the defendant, equally refpe&able, equally creditable, equally honorable, he would immediately difcoyer that he had only viewed one fide of thequeftibn. His' mind would immediately be balanced, and he would call for other teftimony to make out the cafe— and what is ftill more wonder- ful, neither party in their ftatement would fo contradift each other as to injure the reputation of the other. So powerful is felf.inten&*-fo # blind to the rights of others— the, mind feems to poffefs magical powers to deceive itfelf without beiftg con- fcious of it. yVith thefe remarks, I turn to the repprt,*19th page, where the Committee of Merchants ftate, that the aver- age of the import duties, as calculated at the Cuftom Houfe, amount to 33 1-3 per cent, on the prime coft of goods— on crockery arid glafe ware, hard ware, plated ware, filks, milinery, &c. 50 per, cent. Here we have the record as a guide as to duties — and it was my duty to defcend to that record and con- fult its pages. The duties are divided in denomination into fpecific and ad valorem duties. Few articles pay fpecific duties— nthe great fund of revenue arifes from ad valorem duties* Thefe duties may be claflld according to thefe rati s. Previous to a declara- tion of war, the peace duties were, 1ft. 12 1-2, 15, and 20 per cent ; to thefe were* added 2 1 2 per cent, the Mediterranean fund. Doubled fince war thtv ftand, 1ft clafs* 25 per cent- add Mediterranean duty, 2 12 27 1-2, 2d clafc, 30 per cent ; add the Mediterranean duty, 2 1-2, 32 12. 3d clat, 40 per cent; add, the Mediterranean duty, 2 h2 p 42 1-2. " -, v CONGRESSIONAL REPORTER. SI . The rates of ad valorem duties are fixed by law # . The calcu- * lation is made by adding 20 per cent, upon the prime coft of all goods imported from the Cape of Good Hope or beyond. 10 per cent, upon the a&ual coft from any other place, including, ill' charges which precede the fhipment, commiffions, outfide packages, and infurance excepted. The prime coft, we wiH , take the round fum of 100/. and make the calculated* export duties from G. Britain and inland charges, - - 6 to be added c to prime cofft. 106 v To this fum add 10 per cent. - . 10 12 ^ The amount upon which duty 116 12 is calcu- Ipted for every one hundred pounds prime coft. ^ This calculation is not an arbitrary one. It is confiftent with the law and the pra6lice of the Trcafury ; only in molt cafes the Treafury does not add as much as 6 pei* cent, to the prime coft^as I have done in this cafe. Indeed I have riow 2 original invoices and a bill of lading, to prove that the ordinary charges which are added to the prime coft, and upon which the duty is calculated, does not amount to 6 per cent. Upon every 100A prime coft, therefore, the charges and the 10 per cent, will make it 116/. lft. The duty of 27 1-2 per cent, on 1 16/. would be 32 per cent, on 100/. 2d. The duty of 32 1-2 percent, on 116/; would be 38 per cent, on 100/. 3d; The duty of 42 l<-2 per cent, on 116/. would be 49 1-2 per cent, on 100/. It is ncceilary to examine and find out the proportions of the importations on articles which pay thefe three rates of duty, of 27 1-2, 32 1-2, and 42 1-2 per cent, upon prime coft, and the addition of 6/. to each 100/. according to the calculation at the Cuftom Houfe ; or in other words, the articles paying upon the prime coft 32 per cent. 38 per cent, and 49 1-2 per cent* Hoi- low glafs ware, carriages, and parts of carriages, alone pay 49 1-2 {>er cent. Hard ware, milinery, leather and manufactures of eather a china, crockery, &c. pay 38 per cent. All other goods* principally wool, filk, cotton, flax, hemp, &c. pay only 32 per cent. Although the bulk of thefe articles paying the laft efti- mated rate of duties, are enumerated by the Committee of Mer- chants from New York as paying 50 per cent, making an aver- age difference of about 17 percent, which taken from thegrofs amount of the charges which they ftated amounted to 60 per cent, and upwards, will give them a profit of 17 per cent- more than was calculated. But I proceed with my calculation to find 1 X 52 CONGRESSIONAL REPORTER. oat the average of the duty upon importations to the United States. • This can be done only by reporting to the annual re- port made by the Secretary of the Trt afury, which will give the amount of articles paying the 3 rates of ad valorum duty. But little time has been given, and I have commenced with the year 1804 up to the year 1810, both years inclufive. Impor- tations lit grade of duty paying 32 2d grade of duty paying 33. 3d do. 491 2. J « In 1804 1805 1806 1807 1808 1809 1810 30,204,367 33,5Q6.584 35.844, 48 .36/264,874 7,783, 25 9,458,378 37,734. 20 | 2,640,925 | 7,248.629 8.372,527 9,484.682 2,622,478 4,783,006. 7.703,290 425, 86 405.470 500,003 526,002 466.648 303,702 552 50 Years 7. 1212.983. 96 147856 647 12,799 4*1 ■i mi l ii-^ i i , — — i »«ii i ■'■ »■».■«., ii ii ii Million. 213 paying 32 48 paying 38 p . 3 paying 49 1-2 264 \v m The refult of 7 years gives us 264 millions worth of importa- tions, by adding a fradHon of a million in each cafe, for fake of round numbers. Of that vail amount of 2S4 millions, three millions has paid 49 1-2 per cent duty ; 48" millions has paid 38 ptr cent ; and 213 milKons has paid the lowed ptr cent upon the prime cod, 32 per cent.^ To get hold of the average duty \ve myft not take the duties alone, and add them together and then divide by three ; we muft alfo take into the calculation the amount of ar- ticles paying the different rates of duty. The experiment hasr been made of the two laft years, and of the three laft years." The average duty upon the whole importations would be lefs than 33 1-3 per cent. Therefore, the great bulk of the articles, and in fail all of the articles enumerated by the committee of New York, as paying 50 per cent, duty upon the prime coft, pay only 38 and ,32, except hollow glafs ware, and the average duty as calculated at the Cuftom Houfc upon annual importa-* tions does not amount to 33 13 percent. So much for the firft fa&, which is proven varient from the understanding of the Nay, York committee by the laws of the land, the Cuftom HM CONGRESSIONAL REPORTER. y S3 were purchafcd in the fall of 1810, and previous to 2d of Feb. 1811, the period when the non-ifaportation commenced its operation. This ftatcment was not made ujjon ^oiitive fa&s. It was a belief, ari opinion expreffedjMd as will appear unnec- tffarily and too (Irongly exprefljbd. Thefe were the cafes nboft entitled to confidcration—apd the want of evidence to discrimi- nate, is a H reafon additional' why we fhoold refer this fubjcQ .t0 fome tribunal for examination, and you mult give it to the _ Secretary of the Treaiury, or you muft create a new tribujjn; 'The Statement upder ponfideration doei not admit of Arith- metical demonftration. We muitrefort to circumftantial and. fuch pofiiive evidence as we have on this point, and although it v may not oe fufficient to fay what amount of goods lately impbrt. ed were purchufedand^on American account and fifque prior to the 2d of February, 1811, tnere is violent prefumptive evidence to overthrow the opinion of the member of the New' York Com- mittee, that the greater part was fo purchafed. The late importations admit of daffification as to the time of purchafe, as to the tirtie of lhipment, and as to the qwnerlhip of the proper ty. As to the time of purchafe. That which \v$s purchafed previous to 2d February, 1811; that which wa* purchafed after 2d February and previous to' the revocation of the Britifti orders in Council of 23d of Jutie, 1812, and pur- chafes macte after a revocation Qf the Britiflj orders in council. As to (hipments,. vefll Is which left Britifh porfs for the United States before a knowledge of the declaration of war, and veffels which failed after that knowledge. As to thi owrierflup, 1ft. That which was purchaf d either on credit or with prompt pay* merit by American citi2ens,and Ihipped or> Afnerican account* 2d. Goods (hipped by Britifh merchants to order and on Britifh rifque and Britiin account until delivered to the American mer- chant in this Country. Ihaye already produced papers fhew- ihgfucha cafe, where the invoices, the bill of lading, and the mercantile' letter! enclofed to a friend, who was directed to deliv- er over the goods to a third perfon, upon the contingency of hi§ being in folveht circumftances. 3d. Britifli {)roperty-^-There is no evidence to determine precifcly the quantity of goods pur- chafed at thofe'difierent periods — but there areciicumftances to cftabiifh the fa&, that a very fmall portion indeed was purchafed prior to the 2d of February, 181L From an examination of Cuftom Houfe returns it will appear that from ten to fifteen million of dollars wor^h of t Britifh mer< chandize was (hipped into the United States previous to the 2d of February, 1811, and whifeh was admitted to entry and exemptedfrom forfeiture in confequencfe of the provifions of the aft of March, 1811, which was intended to embrace thofe very cafes. Independent of this, it was well known that application, would bem^dcto CongreC* for fuch a relaxation of the non- importation aft* . * # ■ a U CONGRESSIONAL REPORTER. \ * i There were other weighty inducements to the merchant to get home his property. He had paid the ufual prices. The non-importation was to commence its operation on the 2d February, 1811 5 there was no proipefi of a fpeedy termination of our differences with Great Britain ; the exhaufted markets of the United States offered a certain pledge of profit. Under thefe circumftances is it likely that ten million dollars worth of the late importations were purchafed, paid for, put intoware- "^fcpufcs, and there remained until 23d June, 1812 ? The cnter- prfcing and bold character of the merchant forbids fuctv a fup- pofition. Their condutt in general, I do not fpeak/in particu- lar, has hot been timid, more efpecially when they have only come into contaft with the commercial reftridtionsof the Unit- ed States. This is not the only circumftance. We have it from the ftatement of Mr. Ruffell, that the revocation of the Britifh orders in council was not an a£t of juftice towards tlie United States, but as a relief to her numerous fuffcring # and ruined manufacturers who had dated that they had conditional orders from American merchants for vaft Quantities of goods as foon as the orders in council were revoked. Mr* Ruffe 11 alfo ftates, that after the revocation of the orders in council, the agents of American merchants were extremely active in mak- ing inveftments in Britifh manufactures. It is a hi\ acknowl- edged that the ftate of exchange was ^ffe6Yed by it. It fell from upwards of 20' to 14 6r 15 per cent..and that there was alfo a rife, in the price of manufactures. Mr. Ruflell concludes with ftating it as his opinion, that a very (mall portion of the late im- portations was purchafed prior to February, 1811. I have ex- amined this fact, not as ar judge or as an advocate, but with a view to convince the committee of the neceffity of a reference of this fubjeft« The next fa£V I fhall take up relates to the rate of profit, and here again we mud have recourfe to the beft evi- dence in our power, and not the beft the nature of the cafe will admit* The petitioners admit that they will make a handlotnc profit if their bonds fhould not be forfeited.. If they fhould efcapeby a total remiffion of the forfeitures incurred, this hand- forae profit they allege will be from 5 to 10 per cent, above ordinary profit and not including the difcount in the rate of ex- change between the United States and Great Britain. It is al- leged that the rate of exchange ought not to be calculated as an extra profit, becaufe within ten years it will balance itfelf. It is true that in ordinary; times, the exchange will fome times be above par, and fom'etimes below par, fo as not to make any tftaterial profit or lofs within ten or any given number of years* But previous to the year 1811, for 20 years the difcount has never been greater than ten per cent.— during the year 1811 it was 20 per cent* and^ upwards. The petitioners fay from 10 to 23. Taking all the information I have read on this fubje&, the difcount in feme cafes h$s been 28 per cent* If the petitioners , » CONGRESSIONAL REPORTEB. 55 win not call this difcount a profit, I cannot help iu nor is it Ids true that the difcount puts into their pockets fo much money* I am not compelled to difbeheve my own ftnfes ; and if I fee a bill of exchange purchaled at a difcount of 20 percent* which is eguai in value to its nominal amount* in vain may the pur* chafer fay he makes no calculation of profit from fucha fpecu- lation. He makes his 20 per cent* difcount* The fame advan- tage accrues to the . exporter of produce to the Peninfula. The bills on England are invf (led in Britilh manufa&ures to prevent . a lofs of 20 per cent* I have had reference to the reports annu- ally made by the Commiflioncrs of the Sinking Fund to afcer- tain the fluctuations of exchange* A recurrence to this annual report, where the, government has made great annual purchafes of bills on England with a view tf paying the public debt in Europe, confirms thefa&ftatcd y the petitioners, that exchange was never known before to be more than 10 per cent, difcount, and that within 10 years the balance is equal in ordinary times* la 1804 exchange waft from par to 2 1-2 per cent advance, average - - - 11-2 1805 exchange was from par to 4 per cent* dif» count do* - - - 2 1806 at par 1807 from 1 per cent* to 3 difcount .2 1808 from 3 to 6 1-2 advance - - 4 C-.4 1809 from 1 to 4 advance - - -2 1-4 1810 from 2 to 5 difcount * « - 3 1-2 The opportunity of the feven years enumerated, has alone been afforded for the want of time, which leaves a balance of 1 1-2 per cent* in favor of the advance. In 1811, from 15 to 25 per cent, average 20 from the belt in* formation, leaving on the fide of difcount 18 1-2 per cent. In 1812 from 10 to 20 average 15 percent add to 18 1-2 makes 33 1*2 per cent- add to this the deprtflion of Britilh manufac- tures from 5 to 10 per cent, on an average ftnee 2d February, 181 1* I have made thefe remarks and calculations, becaufc the ftibject of profit was involved,not to make out a cafe againft the merchants, but with a view of (hewing the neceffity of refer- ring them to the Secretary of the Treafury where ample jufiice will be done them. If I am permitted to wander from the rec- ord, and I uo not feel myfelf confined to any particular fource of information, I would give a calculation which would eftablifh the extra profit of the importer at 20 per cent, above the ufual profit. 1 would take the fales in Baltimore, for l©01,ilerlinc: in ordinary times, fay 2401. currency, this year 3001.— the differ- ence will be 60 ; converted into fterling it is 361. fterling on the 1001. deduct the double duty 1*1. leaves 201. per cent: above ordinary profit. I will not venture to lay what extra profit has been and will be made ; it is not necellary tp hazard the a. - i SO CONGRESSIONAL REPORTER. mount— -I have cftabiifticd the point of a very confidcrable ex- tra profit. The importers will not agree that they have made a great extra profit. They do not, howevfrr; deny the fact* that the people have been compelled to pay the enormous high prices complained of. They say the jobbers, in other words the fpec- viators and the retail merchants, have made thefe profits, but principally ihe jobbers. There would be no difficulty in pro- curing the tefti'roomy^of retailiers as to enormous prices paid to importers, and I prefume the jobbers would not agree that they alone had impofed upon the people. A variety of letters have been received by members and read as evidence and ex parte affidavits making out a better cafe for the merchants than they made for themfejtfcs. To read Hhtse letters and affidavits we might conclude that fo far from any profit being derived from the late importations, that it had tx til really a loling bufinefs. I have leen feveral letters on the other fide of theqiuftion ; J could procure one from my friend from Pennfrlvania now to my right, another from a gentleman from Maryland,^nd I have in my hand one from the collector of Nor- folk, all of which letters go to prove the g r eat and exorbitant prices of goods-obtained by- importers fumcient to cover their bonds* [Here the collector's letter was read. ] But, fir, I Kave 4iot fought teftimony to make out a cafe as if judgment was to be pronounced t or volumes might have been procured* What I 'have obtained has been a voluntary offering from refpe&able fources. As t© letters in favor of the merchants, as many might be obtained againlV the declaration of war, if it was fup- pofed they would be read in this body to govern their decifion. .3k has given me no pleafure to have b^en compelled to prefent this fubjeft as duty has compelled me. The fituation in which I am placed is an invidious one, but called upon by duty and o- beyiog that folemn call upon a fubject of fo touch magnitude* while 1 derive confolat ion in not having wantonly injured the feelings of the party concerned, or thofe who differ from me in fentiment, I feel indifferent as to the opinion others may epter* tain of this policy, nor do I court the good opinion of any man further than it may be bottomed upon confcientious principles and correctnefe of conduct Were I to confult my own feel- ings, I might have remained filent.* It may be thought by fome that no part of the merchants' bonds fh^uld be exa&ed; that this great community fhouid give up what is really due to thofe who have violated the la w. The body politic, this great per- sonage, has no identity but in its operation. It is not tangible, has no form to prefent itfclf to your view, to addrels your p&f- fions, to cloud your judgment, to weave itfelf into your tender mercies. But it is not lefsmy duty as a reprdentative of this great community not to abandon what I confider its moil effen* tial rights. I have nothing to difguife on this Fubjefi — this com* munity which has been taxed by thefe importers pf British • 4 . CONGRESSIONAL REPORf ER. 57 merchandize is involved in difficulty, in a war which mbft con- tinue until the preilntminlftry in England fhall lofe their power, or until the republican party in the United States fhall be turned out of their places While this is the cafe, I am unwilling to fix upon them internal taxation until it becomes indifperifable, nor to permit any portion of thetnfelves to monopolize advan- rages withoutbe anti commercial, I am that man. If refuting to favor the merchants at the expenfe of the agricultural, and manufacturing, and la- boring portion of the community, be inimical to commerce, I jim the man. But, fir, if a willingnefs to expend the laft cent of our treafure and the laft drop of our blood for the neutral fights of the United States will entitle me to be^tyled the friend of commerce, then am I entitled to this honorable appellation* If a determination never to give up the war, rather than per* mit our fcamen to be imprefied and made Haves in the fervice of Great-Britain, entitles any man to be confidered the friend of commerce, then I am among the favored few. If, in Fine, an anxious defire to place farmers, mechanics and manu- facturers on an equality, will fhield any man from the* odium of jbeing unfriendly to commerce, then am I (hielded* But de- termined to difcharge my duty at every hazard, I am not anx* ious where I fhall be affigned by thofe who tall themfelves the exclufive friends of commerce. Mr. MITCHILL followed Mr. Johnson in debate. He said he did not rise so much with the intention of making a reply to the learned and eloquent gentleman who had iust taken his seat, as to introduce a new proposition to the consideration of the com- mittee, for tho purpose of unfolding which, he asked the indulg- ence of a few remarks. He said he was dissatisfied with the report of the standing com- mittee of Ways and Means for two reasons ; the first, in point of pttbstanee, that it did not provide any relief for the petitioners ; and the second that instead of containing a sentiment or opiaioq eouehed in positive terms, it was expressed in negative language. For the House is told " that it is inexpedient to legislate on this subject," and that the petitions of the merchants with the accom- panying documents, ought to be referred to the Secretary of the Treasury. • Mr. M. declared himself to he of a very different opinion* In {his he was not singular, for if he construed aright the executive message of the Mb November, it was plain that the president of $he United, states believed it to be worthy ef congressional delib- eration^ In his communication he informs us, that a considerable number of vessels which were in England when the revocation of the orders in council by the Prince Regent took place, were freighted with British merchandize and dispatched to our coun- try, under an expectation which turned out to be erroneous, that the non-importation act would immediately be rescinded. It di treasury Department to mitigate forfeitures, without previ- 3y affording to Congress an opportunity of making on the sub- t smsli provision's they may think propcr,hoping that in any dev ion they may make, they will equally consult what is duo to e- rtable considerations and the public interest. , .*■ Upon this expression of the President's mind, sir, this House a already acted, by referring it to one of the standing commit- , and now this committee comes forward with a recommend- n that, the House should do nothing in the premises, and rreby decline s to aid the officers of the treasury and revenue de- Brtments, in such weighty and perplexing occurrence. fiat my desire to act upon this-occasion and to extend a friendly and to the executive, is confirmed by the letter of the Secretary fthe Treasury himself. In his letter to the Chairman of the * v Smmitteeof ways and means, he informs him that of the forfeit- * Ires which have accrued, one half is by law vested in the custom- house Officers or informers, the d(ber half in the U. States. The tower to remit the share belonging to the U. States and to all oth- f persons in whole and in part and on sueh terms and conditions js he may deem .reasonable and just, is indeed reposed by law al- ready in that high and responsible officer. Bat considering, as he :ells us, tie magnitude and uoforseen nature of the case, it was [bought proper not to . exercise that authority until Congress kbouid deliberate upon it, and prescribe if they think proper, a pourse of proceeding. Thereupon all the petitions already _re- eeived remain In a state of suspense, and for the purpose of avoid- ing an unnecessary accumulation of cost, the petitioners or stif- ferers have been mostly advised to withhold their applications ug- til the decision of Congress shall be ascertained. i Aceor^ng to rny conception of the matter, this business is fair- ly before f us for action as legislators. We shall be worthily employed in deciding upon it favorably here, and not exhibit the spectacle of a sport at political battledore between the legislature and the executive, who toss the great question of the petitioners backward and forward like the shuttle cock. , Believing thus the matter to be completely before us, from the ^President's recommendation, from the Secretary's notice, from the chairman's report, ahd from the respect due to the memori- alizing citizens themselves, I am desirous of shewing why I think a measure of mercy and favor ought to be shewn. And I shall arrange the observations appertaining to my present purpose under two heads : 1st. The equity of the ease ; and 2dly. Its ^policy. . On the equitable view of this case, I beg the attention of the , committee to the proceedings of our government for a few years, relative to its commercial relations with Europe. Alter various , ' misunderstandings and quarrels concerning the rights of our cit- ' izenson the high seas, the privileges of neutral nations, and the .increasing insolence and violence of the beH$gerenls, Con- 60 CONGRESSIONAL REPORTER. gress concluded it wise to withdraw from the scene of central mud aa embargo without limitation was enjbined upon our per )at» in 1807. This restriction was borne with almost une: pled firmness until March, 1809 j a term of about foui months. It then became too irksome for a busy and commci nation. The murmurs and discontents were too vehement t< resisted ; and that plan, which* if it had been possible to persisted in it, would have carried us triumphantly through difficulties) was abandoned from necessity — and that neocssitj rose from a want of power in the government to enforce it* On the repeal of thk, was enacted the non-intercourse lai gainst France and Great-Britain ; to which succeeded the orable statute of May, 1810. The latter I ever considered unfortunate law for us ; because it undertook to perform by v act of the Legislature what strictly and rightfully belonged to treaty- making function of the President. By that statute bound ourselves baud and foot j and in that condition preset ourselves to the unjust and the contemptuous belligerents, 1 untied. By this, we made a .voluntary stipulation with the power sways the continent of Europe, and that which rules the oi that if either of them would so revoke his orders in' council decrees before March 18dLl, as that they should cease to viol our neutral commerce, and the other nation should not, wif tiiree months thereafter, so revoke or modify her edicts, the visions of the act to interdict commercial intercourse should enforced against the other power so refusing or neglecting, al the expiration of three months from the date of the Preside] proclamation, as directed by the law* On this overture, France acted, but in a manner so obscure equivocal, that disputes arose concerning its reality. Our govei ment, however, considered the revocation serious* and real i aj the fact was annouueed accordingly. This brings us, sir, to vember 1&6, theflfra from which we are to date the comment ment of the three months allowed for England to net. We wi remember that time, ighen month after month rolled away anxious expectation, and at length the February of 1811 cam< but without a corresponding overture on the pert of the Britil government. Faithful then to its engagement, Congress passed the att sug, plementary to the act of May 1810 ; and in March 1811, and no| 'till then* declared the provisions of the non-importation to be iq operation against Great-Britain only. But in this it Will be r^ membered, Mr. Chairman, there was a salvo for all America^ vessels, and all merchandize owned by American citizens, import* ed in such vessels, as should have departed from a British pari prior to the second day of February, 1811, and by this enlarge ment of the right to import* much merchandize was introduced which would have been excluded, had the time been limited to CONGRESSIONAL REPORTER. 41 vols an that day into a port of the United States* But it at the same time equally clear, that this extension favored man of bold adventure, rather than the respectable observer iis country's laws ; and that a large part of those who wer* best entitled to that remedial provision, were totally and una* bibly excluded from its benefits. , In this way things progress* fatil the 18th of June, when #var was declared. i the mean tinje, however, the British government, availing It* ^ • : of the regulations of our statute, did on the 23d of the same tth, and without a knowledge of our law, revoke also, ©atensi* » its •bnoxieus edicts. This revocation, though not satisfac* f to the extent we hoped and wished, .was nevertheless of such braeter, that {am hound to believe it would have kept arnica* Relations alive, ami continued the commercial intercourse a ft;, if the declaration of war had not intervened. I say, Mn tirman, if the act of the Prince Regent had been promulgated re the nation proclaimed hostilities, my belief is, we should Lbave measure^ swords with Great-Britain at this time; rhere can be no doubt that the British government had a right jjo as they did* Our statute gave them the full permission* '■' tat was the consequence ? Why, sir, all classes o^ persons^ jh and low, gentle and simple, active and speculative, believed the very thing was done, which our government had sought,. ry person holding* funds in England, or possessing merehan- 9 there, took measures for bringing them home* Yet, not sat- - with the universal impression, the merchants consulted the man, who acted as charge des affaires for this country at t court of St. James.~And this exalted, officer advised thetti Rout scruple to send home their property. This counsel seems nave been given under a full persuasion, that the penal and ihibitory statute would be annulled by the' President, the mo* pt the Prince Regent's declaration should be officially made swn to him. . ^ War had in the mean while been declared, and the executive ■ thereby incapacitated to act. Tet, I appeal to tht honorable I equitable feelings of this committee to determine, whether \ well-meaning and law-observing shippers on this occasion, did X act as I and you, Mr. Chairman, and every other man of cen- bratioo and reflection would have aeted under similar circum- ■lees ? ' I come, secondly, to the poliey of granting relief to the peti- ■ers. As I mean merely to introduce, a proposition, and not ter into a detailed argument, I shall be very brief, gentleman who preceded me has passed some severe strie- upon the mercantile character. I would wish him to re- or reconsider a part, at least, of his remarks. Merchants, bvld have him to understand, arc very much like other classes iociety. They are governed by the same feelings, and actual- ly the like principles* In some the selfish disposition may" r i 63 CONGRESSIONAL REPORTER. Sredeminatft over the social, but even in such cases, the merdj oes bat resemble the farmer, the manufacturer, and the « classes of mankind. To say the most and die worst of tbl they are very mneh like their neighbors. The merchants hare brought to the United States, nytjj teen or twenty millions of property. This I admit to have done against the letter of the law. When friend, I am «toel do not think that on this account they hare sinned -beyond forgl nance. No such thing. There is an equity of redemption i out to thorn, which may be exercised on the present occaa And I hope Congress will eondnct like a court of chancery to Ting and interposing grace. I was one of those who during last session was desirous of cfalling home the property of om zens abroad, as a was measure.. I believe that the nation w thereby be strengthened ; the individuals would get their ty, and the treasury a good store of revenue. Thust^e m citizen and the public revenue would grow strong together, j by one and the same act. That measure, however, was th wan at the time, and the periqission to import, was reftised. ^ ! Now, sir, what has happened ? Exactly that which might N been foreseen, to wit, that if you would not legitimate the iflffl tations, they would be made without your leave, and under 4 peculiar and imperative circumstances, that you must in « science as well as in equity and policy yield to their force. In urging the policy of extending mercy in this case, 1 1»S J to look at the course of trade ; we send freely abroad the 1 ducts of our soil, although we feel a moral eon victios that) greater part of the proceeds will center in England, tb ee *H urn of the commercial world. It is perfectly well understood < Spain and Portugal cannot pay us either in specie or produce! the bread stuffs and other articles of human sustenance which send to Cadiz and Lisbon, and that these exports arc paid fori great extent in bills upon London. # .J Consider too the by several solemn votes of thissessiojl have refused to inhibit the exportation Of grain. The** made originally by the gentleman from New-Hampshire ^ Harper) and repeated since by the gentleman from Yirgfa r keep our flour and meal at home to feed our own seamen, 0° *nd citizens, has been sturdily negatived. *If then wee*I> suppose it is intended to bring back the returns in aparmM* possible course of trade, for really I am not patriotic cnouffl make a gift of these valuable cargoes either to the belligerent to Neutrals. . Again, sir, it may be questioned whether we ought to I* •■ sively angry at an event which has brought near SO muM* property to the country, and six millions of dollars into the lq tiry. This is in my estimation a fortunate and desirable e* The eastern breezes have floated it like a waif upon our sM infinitely more precious, incalculably more valuable than* ^ CONGRESSIONAL REPORTER. 63 ■ fish. I am willing to take the boon and make the most of it. A good prize in the lottery, however unexpected, is not the less a prize. Besides, w© have had the advantage, from those seasonable sup- . plies to clothe ourselves and our troops, and prepare one and all i» the better for encountering the inclement season, and carrying" on the campaigns against the enemy in die north. The coatings, blankets and coarser wool!ens,as the public agents inform us, have ; brought good prices to the owners, in consequenee of the compe- ■ tition between the governmental commissaries and the private * purchasers. i In this enquiry, it should all along he recollected, that, our non- > importation law is already and in fact defeated. Whatever incon- L venience it was intended the enemy should feel and endure, by our ' , refusal to receive his manufactures and merchandize, is, so far [ as the present importations go, frustrated. The deed is done, f And the question is, not whether the foreign productions shall be l- admitted, but how, since they are already among us, the forfeit- ures and penalties to which they gave rise shall be disposed of. * , And in this situation of the business, I for one am willing to act I with lenity. The circumstances of the petitioners are so pressing and pecul- iar that I am totally averse to the Shyloek Severity of demanding strictly the pound of flesh. Remission and forgiveness seem to ; me to be preferable : and they will evince a magnanimity well ' worthy of our national character. In such conduct too there ' will be a conciliatory spirit which will soothe and , and win the hearts of the , memorialists and their friends* I They cannot fail to love a government which gives them such proofs of generosity. And thus we may calculate that one of the . consequences of moderation in the ease before us will be a strong, |r an undivided, and a hearty concurrence of these, with the other classes of our eitizens, in giving money, supplies, and vigor, to the war we are waging for the vindication of our rights. ■ I have thus, Mr. Chairman, stated summarily a few of the rea- f ions which inclined me to believe it will be both equitable and Clitic to look with a favorable eye upon the applicants at the r. Yet I did not rise to enter now into a minute discussion, but merely to offer some general observations for the purpose of intro- • dneing a proposition— I move, without proceeding farther, as an* amendment to the Resolve reported by the committee of Ways & Means, to strike out the whole after the word JRe*ofoed,and to in- sert in lieu thereof the following words ; <*« the sense of this \ Commutes* that the forfeitures and penalties incurred by those of ■ the P. SI who have given bonds for merchandize imported on thtir i own dceountf and in American vessels,from the united kingdoms i of G. Britain and Ireland, since the 23d' day of Jhme last, ought , to be rtmttteds* it k I- ' 64 CONGRESSIONAL REPORTER/ Mr, WIDQERY — Mr. Chairman, we hate been serial A$p on the business of the bonds, and the chief of your time has been taken up in an investigation of the merchant's accounts and ex- amining lottery, to prove their loss and gain ; this appears to m4 to be raising a phantom for the purpose of shewing oar valor in fighting it. What possible bearing can (bis calculation have on the question before the House, except' to ascertain how muchthfe - merchant could afford to be set off, and thence by establishing^ price, for the crime of which gentlemen are pleased to say the merchant is guilty., Sir, are you willing to take seven, years, and ' average the loss and gain ; are you willing to r^tore to wealth and. affluence the thousand merchants who have beoome bankrupt bj vnturin^ to sea ? The answer will be no, and a very proper one. Government ought to have nothing to do with the loss of the mer- ehant ; in this all will agree. Will not the same reasoning apply a?'lo his gain ? It appears to mc,it will. What assistance docs government give the merchant now ? Not a single convoy even alongshore; not in a single instance have their vessels or prop* . crty been convoyed $ they are left to their fate. They launch off into the ocean of uncertainty ; their adventures have given you five million and a half of dollars, without which you must have resorted to aland tax tb support your war. Th e honorable Spea- ker yesterday, when on the floor, although for remitting in part* thought he must be in fashion and give the merchants a shot as $ • he passed. In answer to (he gentleman from South Carolina, who had mentioned the distress of the sea port s,he pointed you to their ! ajeh furniture and costly equipage.- Here I thought the honors hi© Speaker had forgotten hfmseJf, for if that was to be the crite- rion by which to squeeze inoney from the citizens* *the Speaker would be squeezed very hard, for I know of no man whb rolls on the wheels of luxury in move magnificent stile, than does thehbn. Speaker. At the last session of Congress, when the question was brought before the House, to allow the importation of British goods, 1 was opposed to it, because I then thought it was impolitic in the extreme to relieve England in a ease which of all other? most distressed her, that of confining her manufactures at home. In the. present case ths goods are ttere, and whetherjrou take tb$ ad van tnge of the bonds or not, remit or not, it is immaterial to the British manufacturer ; he has got his pay foajfthem ; no ad- vantage therefore which you may take of the' bonds can injure your enemy, except in those instances where the British merchant may have consigned to orders, in which ease I am willing to ad- mit they are British goods until delivered, if shipped by a Brit- ish subject. When the gentleman from Kentucky was up in sup- f>ort of the report 6f the committee, after he had read over many etters from the merchant's counting rooms and compared them, and attempted to shew their disagreements, but to no purpose, from the goodness of his heart he was pleased to earry the mer- chants into a court of chaucery to examine their errors, in a case L v^ CONGRESSIONAL REPORTER. 65 9 that could have no poffible bearing on the queftion before the Houfe. Sir, I afk for the merchant nofuch favor; I am wil- ling they fhoukl be tried by the rigid rules of law, not the mere letter of the lay, but according to the fpirit and true meaning thereof; and for this porpofe I am willing to take the higheft crime the law knows of, homicide : A man is found dead in the ftreet, a coroner's jury is fummoned to inquire how the man came by his death ; they bring in a verdift for wilful murder ; the perpetrator is taken, the grand jury indifil fo % r wilful murder; here then were no furtherjn-oceeding to be had in the cafe, the perpetrator must receive fentence of death ; both thefe juries have a&ed according to the letter of the law. But he ^as an- other chance for his life before an impartial jury, where he has a right to challenge all wham he might think has aught against him, to the amount of twenty. four, .without givinjg a reafon, and as many men as be can give to the court good reafons for chal- lenging. Sir, I think if the merchants had the feme right here, it Would leave a very thin Houfe, The jury isimpanneled — this jury is to. try the caufe accord- ing to law and the evidence given them. This t I call the fpirit and intention of the law. In this action the jury may give' ei- ther of their verdidis— if the killing was without excuie, they hnay give a verdidt of guilty — if, though violently attacked, it appears to the jury that theprifoner might have efcaped without 'killing his affailant, thejr may give a verdidt for manfiaughter — orifneceffary to theftvingofhisown life, theprifoner killed, Ms affailant, they may give a verdi&of not guilty : it being , what the law calls excufeble homicide. And this dottrine of excu&ble homicide has been carried much further — If a man in the ftreet ispurfued by a perfon, who he thinks has a design to kill or injure him, he may turn and kill his purfuer ; and though on trial, it turns out on evidence that the purfuer was innocent, if it appears to the jury that any circumftance or situation in which the prifoner nood immediately antecedent to the killing, he had good grounds or reafon for his fufpicion, the v may give in their verdift not guilty : this being, according to the fpirit of the law, excufable homicide. This laft cafe will, I apprehend, be thought by fome of my hearers a very extraordinary one ; but I wiU pift a cafe which in a moment will convince them : A man, having long black hair, paints hiiftfelf like an Indian, to prevent their fhooting him as he partes them in ambush; in his travel- ling through a wood he hears an Indian yell ; he darts ; in his Bight is discovered by a white man a-head, who, thinking him- fetf purfued by an Indian, (hoots him dead on the fpot — will not every man excufe him ? Will this committee refufe the merchant as fair a chance as they would give a man indicted for murder? Kind Heaven for- bid it t It canpot be fo— this temple of freedom cannot fo foon No. 5. DEBATES. \ 65 . CONGRESSIONAL REPORTER. be thus polluted- Suffer me then to ftate the cafe of the roeri chants; and to (how to **>is committee that they are not guilty of thofe faflious and treafonable aflions, which the gentleman from Pennlylvanfowas pleafp d to mention on Saturday, in the courfe of his obfervations. But here I would remark that th6 gentleman from Pennfylvania acknowledges himfelf tohavebcea in an en or laftfeffion in voting to admit Britilh goods, $ndha& afked pardon of his conftituents for the error he has committed i have no doubt the gentleman then aQed from the puftft lyfr tive*, and was as fure then that he was d^inrg right as he is now; but having detected hjmfc H in an error laft fcfiion, he- ougbt to recollect that what has been may be again ; and howevtrfah. guine the gentleman may now be, thatf he is right In the opinion he has formed againft the merchants, let him remember that the apoftle Paul, through his over zeal, thought he was doing God fervice when he perfecuted the church of Chrift. I mention thefe things to fhovv how liable mankind are to err, and how careful we ought to be when deciding on caft% ol sxt at magni* tude — we ought to di veil ourfelyes of all inttrefted motives, htar patiently, and decide with candor. The tax of the planur ought never to have been brought into this s debate. Thefe are con- fiderations foreign from the. queftion before the Hcufe. Thcj real qfueftion before the Houfe is, has the merchant violated tte ] true fpirit and meaning of the laws of his country ? I wilh to be* underftood as meaning thofe only who are American citizens . * who imported only their own property— lor thofe I plead notgun* ty. I will endeavor to (how that they are as innocent as the man who killed his purfuer. As to a violation of the non-import* tionjaw — if fucha law exifted — Sir, the nonimportation law was made to injure England, and t 1 will confider the cafe itr another^point w view— and if you pltafe,Tay the war did not do away the non* importation law, which was as I have before obferved, tn^e t injure England. Weuld (he be injured by buying her S^^i and paying for them, and leaving them within her reach, fwy n J might, after being once paid, feize them, and thus make 'a , «ou- ble advaotage-*-certainly not. It would be more in con)pJ* anc ; CONGRESSIONAL REPORTER. 67 wUh the fpirit of the non- importation law, to bring tfiem lofF, an<^l in ftricl compliance with the laws of war. But it has been faid the merchant broke or violated your laws, while in England. Sir, a merchant from this country has a right, wheQ in England, or any other country, to trade in any article o£ merchandize, not contrary to the lavv of the nation with whom he refides — he is without your jurifdi&ion, your law cannot reach him for any thing done there untefs you prove the intention, that** he carries it intt> effedl. Hence I conclude that a man, when he buys goods, has as good a right, to (lore them ir> his Ihip, as in any other place?— nor #11 either the purchafe or the putting them on the fhip, in another country, prove t hat he had any intention to, injure or violate the laws of his own country. All this might be done with an intention to fend them to fome other place, and ; npt to come home. Or, having stock in England, he »chofe to purchafe goods, ari9 lay them by, In order to he ready for the firft market at home, when his country fhould admit them. In all this, nobody w^ll pretend there is any violation of our lavv. It) is the way in which he hasbeeti brought up, and which he fol- lows for the fupport of his family. Having a quantity of goodi on hand, he waits patiently for the time — at length it arrives— * the orders in dfcincil are revoked — he now leaps for- Joy-yhCs looksinto the non-importation law of the U.S. and by the 2d sectionjie finds it enabled, '* that in cafe G. Britain (hall fo re- voke or modify heredifts, as that they lhall ceafc to violate the neutral commerce of the U. S. the Prefident of the U. S. (hall declare the fafl by proclamation j and fych proclamation lhall be admitted as evident?, and iio other evidence fhall be ad- mitted of fuch revocation or modification, in any fuit or profe- • cution which may be inftituted under the 4th fe£Hon of the a£l to which this is a fupplement. And the reftridlions impofed, or which may be impofed, by virtue of the faid a6t, (hall from the date of fuch proclamation ceafe and be discontinued.' , By this fettiqn of the la w it is clear, that the^ Prefident was expedied to revoke the law. The word fhaU\s imperative on him. The law commands him to proclaim it, and Mr. Mon- roe's letter of July 26th, 1811, to Mr. Fofter, fully proves the Prefident intended fo to do. It cannot be mi£underitood, in which he fays, " if Great Britain will ceafe to violate the neu- tral rights of the United States, by revoking her orders in coun- cil, on- which event alone the Prefident has the power, I am in- ftrufled to inform you, that he will without delay exercife it by I terminating the operation of this law.*' Sir, they were fo revo- | ked, and flie did ceafe to violate our commerce ; but the declaration of war prevented the Prefident from exercifing the J power* had there been no other obftacles in the way. Sir, we *rc to take mankind as we find them. JEvery man is not a law. ■ ycr, nor every merchant a ftatesman. A man who is continue ally bufy in his mercantile afiairs, cannot be expected to un- f 68 CONGRESSIONAL REPORTER. dcrftand all the minute circamftances which may occur ; he un der (fends the law juft'as it reads ; he knows nothing of the war —and his realon tells him after looking into the 2d fe&ion allud- ed to, and looking into Mr. Monroe's tetter, that before he can poflibly get home with his goods, the non-importation^ law will be off- Notwithftandingali this burthen of proof in his 6^ vor, he goes to Mr. RufleO, and advifes with him ; he tells himl to (hip his goods — that he has no doubt of the revocation of: our law, by the Prefidcnt's proclamation, before they can pofli- bly get home- And one other proof is given in their coming with their goods, and delivering them to our officers, which in my opinion, isas ftrong as any proof can be* in their favor— for \ no man in his right tniud would ft t out from England to brinrfl all he was worth with hina, and deliver it here, if he expetVa the government would take it from him. Is it poffible, that ■ with all this press of evidence, in favor of a revocation, that any man could disbelieve it ? I think not. Ha* he not as ftrong ground for his belief as the man had who killed his purfuer ? It J was his belief that made it excufable in him. ^ Here then is the evidence on which the merchant founded his opinion. You cannot get clear of it. If then you believe he had juft ground' on which to form fuch an opinion, it is your duty, aCling accor- J ding to the true fpirit of the law, to excufe him. Should thede- cifion be otherwife, I {hall be obliged in fpitc of myfelfc to believe the merchants have not fo many friends in this Houfe as s I thought they had. With me, it is impoffible— I never can : content to condemn the innocent with the guilty— it is contrary j both to the law of God and man. . , ' HOUSE OF REPRESENTATIVES. * Friday, Dtc 4, 181* ' The Houfe having refumed the order of the day, it being the* confideration of the report of the committeee of Ways and i Means on the petition* of fundry merchants, praying a remiffion of bonds, given for certain goods imported from Great Britain- Mr. CHEVES rofe. He laid he never rofe to addrefsthe Houfe with io much enr.barrafTment as at this time, I feel aiw* \ ious, faid he, on the fubje£l now before you : for the interdb j of thofe wiio prefc nt themfelves as petitioners at your bar ; fa* the principles of free government which I confider involved ,n j the qtleftion to be decided ; for the fate of that party connexion t i with which I am aflbciated ; and for the honor of government, I which I would prt ferve inviolate. I believe, fir* that nQ Q ue ** J tion has; ever been prefented to our confideration more extraor- \ dinary in its nature and more important in its confequences. K hasjhone of thofe marked characterises which have heretofore diftinguifhed legiflation. ; It is at once legiflation and avoiding legiflation ; at once declining to exprefs the opinion of the Le- giQature, and in effect delegating legiflative power to decide <# r\ Do you, wish, sir, that tKose citizen* who fairly hold this prop- erty should be mulcted for accidental violations of your law ? No - man desires it* In the resolution, which I propose to offer, bona fide American property will be exempted, and enemies' property, shipped as such, will be liable to forfeiture according to the • law of the land and the policy of the government ; and this is surely the course which ought to be pursued. The difficulties, then, which have been made to cover this ques- tion disappear ; the advantages with which the course recom- mended by the committee has been clothed appear not to exist; and the real question before us is, whether we will sacrifice so much of the property of our fellow citizens as is involved in this decision, or whether we will, by an act of grace and liberality, discharge them from their bonds. In the examination of thia question, gentlemen have assailed the testimony connected with this report. They have said it is the testimony of interested persons ; that all interested persons are casuists in their own eases ; and that the witnesses have been so in the present ease. The moral honor or integrity of the witnes- ses has nfrt been impeached. The gentleman from Kentucky, with his characteristic liberality, has spared them such imputa- tions, and though it was not more than justice to them, I thank hhn for it. But is not this testimony such as is always received by a legislative body ? The gentleman with an air of triumph al- ' luded to the testimouy taken before the House of Commons in re- lation to the Orders in Council. Was that testimony takenwm •ath ? I believe not, sir ; it was, too, the testimony of person sTas the gentleman himself says, who saw roin staring them in the face, praying relief. This is not, I hope, the case of the petitioners. The Legislature, if it take any thing from them, it is proposed, shall only take their extra profits ! They therefore speak less un- der the influence of interest. than persons interested generally do* No legislative examination ha9 heretofore presented itself to you so fully entitled to belief. You have not merely the declaration* / \ 72 CONGRESSIONAL REPORTER. of the petitioners, but also the testimony of persons not interest- ed, on oath, mod not on oath. Erery material fret is confirmed by the testimony on oath of disinterested persons. You have seen on yonr tables statements on oath of disinterested persons confirm- ing in every particular the statement of the committee from New- York ; others have been read to yon by your clerk. You have seen from Baltimore and from Boston statements of disinterested persons, affidavits and letters which carry on their face the evi- dence, of indubitable truth, all confirming the statements of the committees. I ask you» sir, what legislative testimony can be stronger than this ? I ask, if the more absence of the form of cross-examination is a sufficient ground for rejecting this testi- mony ? I ad: you, whether that testimony whidn would consign a man to the%allows, deprive him of life, liberty, property •and character in a judicial decision, shal^ not hero be received in evi- dence ? No member of the committee; who looked at the gentle- jnen when they were testifying, could have doubted the general correctness of the testimony. The persevering and ingenious ex- amination of a member of that committee put them to the test. If they bad been incorrect in their statements, the incorrectness must have been detected. But, gentlemen say, there is some in- consistency in their statements. Sir, no instance has ever come within my observation, where a number of persons were examined, but some diversity appeared in their statements. .It is not given to human nature to be perfect. Let gentlemen examine the testi- mony and they wiirfind no material variance* They may find, or suppose they find, in some unimportant particular, a difference of one and a half per cent-^-they may find some enumeration of particulars which are not properly applicable to the cases before ns, which is erroneous. But take the whole mass of testimony together, and I pledge myself it is substantially without contra- diction. Let those who doubt on this subject examine for them- selves, ^and I have no doubt of their entire satisfaction at the result. I say then, sir, that the mass of the testimony proves (hat the great bulk of these goods belonged to bona fide American citizens, and were ordered or purchased long before the revocation of the Orders in Council j that they were also either paid for before that time, or with money deposited in England before tbe revoca- tion, and were shipped in pursuance of orders to ship when it should be legal to do so, or were shipped by persons on the spot who had no reason to doubt the legality of such shipments. It has been proved, also, that tbe average sales were not mors than 75 per cent, in advance of the prime cost. Let the members of this House examine the facts. I pledge myself for the sub- stantial accuracy of that statement, that the average advance on these importations has notexeeeded 7£ percent. It will be found that (he charges and duty frequently amount to from 60 to 65 per cent, and, excluding some charges which are not invariably incur* red, are from fifty to fifty-five per centum, giving a profit, ex- * CONGRESSIONAL REPORTER. • .|* eluding charges not invariably intfurrod of fVoro twemy to to twenty-five per cent, anil leaving a profit, over peace times, ef from 5 to 10 per ceit. Gentlemen may Tmd particular instances of greater profit, but they are counterpoised by sales %t cost charges, and the result I do aver tq be as 1 have stated. And if this be the ease, I contend that so many of the petitioners aft are American 'citizens and bona fide proprietors of the goods are men entitled to the humane interposition of the Legislature, and that it will be worthy of this House to interpose in their behalf. I will not further discuss the question of proof, except mere* Jy4o advert to one or two particulars respecting wbieh softie ob- servations fell from the gentleman from Kentucky yesterday. Me said it was impossible for gentlemen unacquainted with mer- cantile eoftteras to detect the errors of casuistry of gentleman who were ; but, that if he could discover one error, it was fair to infer there were others. If, sir, one Material error in these statements could be discovered, it would be sufficient indeed to ex- cite the suspicions of the House, but not to condemn the state- ments whieh have been made, because all general statements must eoptain some inaccuracies. The gentleman's rule therefore will not bold. But if on the face of the testimony in which the gentle- mau thinks be discovers errors, there is a refutation of, his sup- posed discoveries ; what shall we say ? or if it will be found that tlpe gentleman is as much wrong in one statement as he supposes they are in another, will not the one error counterpoise the other, and cancel the objection derived from it, even if proved ? 1 think it will. The committee (late the average of the lowed duties at 33 1-S the higheft duties at 50 per cent. Now, fir, I date that the fev- eral claffes of permanent peace duties ad valorem are 12 12, 15 or 20 per cent. A duly impofed as a war duty by an ait of laft feffion doubles>thefe, and makes thcta therefore 25, 30 and 40 per cent. Add to thefe the Mediterranean duty of 2 1-2 per cent, and they ftand at 27 1-2, 32 1-2 and 42 1-2 per cent. In calculating thefe duties, according to the ufage of the cuftom hQufe, the gentleman fays, thole at 12 12 give a refult of 32, thofe of 15 give a refult of 38, and thofe of 20 give a result of 49 1-2 on the prime cqft of the goods imported. I acknowl- edge that the gentleman is corre6t in all thefe ftatcments. He fays the ftatements of the merchants are inaccurate, inafmuch as they fay that the loweft duty is 33 1-2 per cent. What cUSer- ence then d®es he think he proves ? A difference of 1 13 per. cent. If there bean error of this fmall anioutft, can it be fo mate- rial to difcredit the whole mafs of teftimony received ? Admit that all the teftimony difcovers no greater inaccuracy, would not the mind of every man in the Hoirfe be fatisfied of the juftice of the relief they claim ? If there be no greater difference in the teftimony from the fa£t, than that fuppofed by the gentleman between 33 1-3 and 32, then is the teftimeny fubftantially accu- • \ >4 CONGRESSIONAL REPORTER. rate. But the gentleman ismiftaken. Jfhe will look at the report again, he will find it ftated that the average of the lowed duties as calculated by the cuftom houfe is33 1*3per cent. What, fir, is meant by the average of the lowed duties ? It is not an average 0/ one! but :thc average of the low duties, as difttinguifhedfrom the higheft duty. It is not therefore the law- eft duty thatisfpokeriof, but the average of 12 1-2 and 15 per cent duties. The average is therefore higher than the low- eft duty. And my honorable friend, with his excellent untl r- Jtanding, the accutends he has acquired at the bar, and the wif- dom with which his experience in the Senate has graced the whole, is entirely miftaken. My honorable friend is wrong in his firft propofition. Is it not fair then to prefume he is ita others, 1 ^nd to excufe the petitioners for flight variations* when even he has fallen into error ? The ohjeil of the committee of merchants was to ftate, that there w/ere two great claflTes of duties ; that the biglieft duty was 50, and the average of the lowrft duties- 33 1.3 per cent. It is admitted that they have erred in an unimpor- tant fpecification of articles. It is not true, for inftance, that i- ronmongery pays a duty of 50 per cent. It is true as the gentle. man has ftated, that it pays. 37 or 38. But it is true that there is a clafs of duties at 50 per cent, and that the loweft duties do average 33 1-3.^ The refult of the average of equal quantities is greater, but the refult of the average of a&ual importations will place it precifely on the footing which the committee have ftated. Take for inftance a particular year. Ifprak, like my honorable friend, from the documents of the Treafury — In the * year 1807 there were imported Roods to the amount of 36,260- 000 dollars, liable to a duty of \* 1*2 per cent ; in the fame year 9,480,000, leaving a duty of 15 per cent. The average of equal quantities at thtfe duties, , as now encreafed, is 35 ; but in the year ftated, about four-fifths were imported, payings peace du- ty of 12 12 and one-fifth paying a like duty 15 per cent. Which gives an average refult as the duties now ftand, of 53 13 per cent as ftated by the^committee. If gentleman will minutely ex- amine the fa£ts, they muft befrtisfi d, as I am, that every mate, rial part of thellatements of the merchants is pra&ically correct. The only error which the gentleman fromKentucky, has proved namely, that certain articles enumerated by the committee, from New York, do not bear a duty, as calculated auhe cuftom houfe of 50 per cent, on the prime eoft, has no real ov praftical effett on the queftion before you, to a material extent, becaufe the goods imported confift almoft altogether of different articles^ There was no intertft and therefore could have been no inten- tion to deceive*— there was , pra£l ically no deception, becaufe the erroneous ftatement did mt affc£i the queftion. In relation to the extra profits, which are made to form fo important a part of this difcuffion, Jhe gentleman fays, that v ac cording to a rule of lay, the large fl fum ihould be taken in ex- CONGRESSIONAL REPORTER. 75 t clufion of the average of the fums given— that the extraordinary profits are admitted to be from 5 to 10 per cent, and that accor- ding to rule alluded to, 10 per cent, is to be aflumtd as the extra profit. Now, Ur, 1 cannot recolkfl any rule of law by which* the gentleman is authorifed to atrume the largeftfum inftt ad of the < average ft fu!t--the iaft I take to be the rule of law and the rule of rcafon, likewise applicable to the qucftion — the extra profi^ would then be 7 1 % per cent.— this will be the extent of the claim of the government if it infifron this part nerlhip in the pro- fits. But while the higheft surri ftateel [by the merchants is as- fumed inftead of the average refult, it is denied that even this reaches the truth, and _it is alledged that thefe extra profits are much greater But is this any thing but vague fuggeftion ? If I were to enter into a minute examination of the evidence on which we are :.6ting, I could prove that all the ftatements of the merchants give this refult and confirm each other — For example, they have ftcitcJ their former profits to have been from 10 to 15 per cent, and their profits on the late importations to be from 15 to 20 per cent, giving a refult of from 5 to 10 per cent, or an average of 7 1 2 per cent, as their extra profit. But you are told that the merchants have derived an extraordinary profit from the depreflion of bills of exchange on England. They tell you that this is never brought into a calculation of profits -on importation, and that in a given number of years it really yields no profit -that there are inilances of exchange being as high as 10 per cent, above par, arid that then no additions were made to the ufual advance. But, fir, the profit on exchange, if a pro- fit has bees enjoyedf has refulted frdm a diftinfl operation, has been attended with the rifques of a diftinft operation, and ought not to be amalgamated with the profits of importations, no oth- erwife than accidentally connected with the aft of depofiting money in England through the means of a profitable procefs of exchange. But the gentleman fays, they get this profit in fa&, and could not have realized it but through thefe importations, and therefore it mull be brought into calculation. Without admitting the correftnefs of this conclufion, let us fte what this v advantage amounts to* Now the proportion is, that we Ihould take the extra profits* But it appears that exchange had been as low under common circymftances as 10 per cent and as the claim is only to the extra profits, in other words the profits not enjoyed in common times, our enquiry mull be, how much do the late profits of exchange exceed 10 per cent. The evidence before the Houfe fhews that exchange has varied during the pe- riod of the reftriftion from 5 to 22 1-2 percent, aifcountand gives an average of 13 3-4 ; and in corroboration of this reiult, a very fenfible and candid letter, among the printed documents, ftates this advantage to be about 14 per cent. The advantage then beyond that of ordinary times is but 3 34 or 4 per cent.' and combine this with the extraordinary advance obtained upon kK'M 76 CONGRESSIONAL REPORTER. the fales of goods /mported, and together they make but 11 per cent ! And is it this for which the government is contending 2 I now am enabled to quit this fatiguing detajl, } and come to ^examine the fubjeft in a gdieral point of view* m It is faid to be a violation of the reftrictive fyflem. My hon- * orable friend from Kentucky fays, this is one of tile ftrpngeft arms this country has. That this affertion is proved by the ex- animations had before the Houfe of Commons ; and that this meafure ought not to be relaxed or abandoned, which would be done, he fays, by a remiflion. How i& the value of this fyftem proved ? By diftrefs faid to have been, and which no doubt was, experienced by the manufacturers in England. But although particular manufa&urers afcr i be their fufferings to our mcafurcs yet it ought not to be concluded that the general diftrefs refults from this caule. It is disproved by circumftances. — Some years age, when we imported more largely than we would do now if no reltriftjoa cxifted, we took but one-fpurth of the grois exports of Britifh manufactures, and we exported again, to markets now fupplied by themfelyes, one- third of that fourth* leaving but one fixth for our own consumption. Let me not be imiunderitood. I do not deny that we are immrrifely valuable cuftomers, and that our reftri&ive fyftem hag caufed her confid- frable diftrefs, but I d^ny that it has caufed that over whelming diftrefs, if fuch diftrefs exifts, which the gentleman has intima- ted. If it does exift, it proceeds from other caufes. I contend that we fuffl'r from this meafure a greater degree of diftrefs than they do. — Our (uffering is greater and more fenfibly felt in the lofs of revenue and in the lo£i of the affe&ions of our people, a lofs infinitely more to be deprecated than the lofs of trade or money. Who, fir, are the diftrtUH ih England, who are faid to have become fuch from this meafure ? Some manufacturers* an inconsiderable portion of the people. Who in this country ? All persons engaged in or connected with commerce, a portion compa- ratively infinitely more numerous. It has broken the spirit of the country — it has rendered those most warmly attached to the gov- ernment almost disaffected. There is one third of the people of this country interested in commerce or closely and intimately connected with it, who are totally opposed to this policy. If we alienate from the Government of England, in her manufactures one twentieth of the people of that country, we at the same time alienate from Our own government one thiid of our own people. Itris a policy, if it were generally correct, peculiarly inapplicable to our people «nd government. The, question uader it is, who can suffer most ? and here thank God they have the advantage of us. They are accustomed to suffering, we are not — that govern- ment has the power to inflict more from its natural vigor-^-we have neither the power nor the disposition, I hope, to try our strength in this way. There is no doubt, if we confine ,onr views to the effects of this measure on England alone, that we will be CONGRESSIONAL REPORTER. 77 convinced of its power and efficacy— there is nothing, of, which so partial a view would not give a favorable impression. But if there are advantages in the non-importation sygtejn on the one hand, there are on the other greater disadvantages. It puts out one eye of your enemy, it is true, but it puts out both your own. It exhausts the purse ; it exhausts the spirit and paraiiees the sword of the nation* But how did my honorable friends treat this system at the last session of Congress? Did they not themselves a^ree to . let in fifteen millions of value of British manufacture to obtain five millions of revenue ? Whore then* sir, was the policy of your restrictive system, when thesp same gentlemen would have suspended it to gain so much reve- nue? gentlemen then themselves gave up the system &yct they now talk of the sacred character of thisjpoliey. It was given up on the first day 'of the session* It was given up yesterday. It is given up whenever you refuse to prohibit,exportations. It i* idle to talk of 'free exportation and a prohibition of importation. How else are your returns to be effected ?. The whole annual produce 'of the mines of Mexico and Peru, the whole specie , circulation of Great Britain, would not furnish returns for the exportations of this country for a single year of prosperity j and yet you talk of unrestricted exportations and a prohibition of importations* Yes sir, adhering to the latter policy, you have already twice or thrice in this session said there shall be no more exportation law, and you were right, because it was a system of self torture— it produ- ces indeed an infliction of pain upon your enemy, which compar- atively can scarcely be called considerable, whilst it throws your- selves upon the rack of excruciating torment. But I ask again, how can the policy of the restrictive system be spoken of in such terms of approbation and admiration, when "gentlemen were not only willing to give it up, but have actually given it up more than once ? I am astonished at this incessant cry of the policy of the restrictive system, and an inviolable adherence to it, when it has been relaxed every year since its institution. It must be a most extraordinary system. : Gentlemen treat it as some nations do their idols. Sometimes they worship and sometimes they flog them. So it is with my honorable friends who alternately vener- ate and despoil this great system of policy. They were willing to abandon it to raise a givftn revenue, and now that the revenue has been obtained by an unintentional infraction of it they say it is too saered to be touched with impunity. I never hear the word restriction named in the hall of Congress without being alarmed. If is greatly to be lamented, for the sake of the country, that this subject is so frequently agitated. Now the fanner is threatened, then the merchant. The country had not yet recovered from the alarm which was caused by the resolution of the hon. gentle- man from N. Hampshire (Mr. Harper,) to prohibit the exporta- tion of the great productions of the soil : a resolution which, like theeomet that lately visited our region, affrighted and dismay-; 78 CONGRESSIONAL^ REPORTER. ed. the wondering people, bat which, **ke it, had passed away, we hoped, not again to appear in our time, when the resolution of mj hen. friend from Virginia (Mr. Newton) Nos. 1. 2, 3, 1 forgot how many, followed in rapid succession, and, like the tail of that great meteor, hung over us, giving signs of dire and ominous por- tent. These to your farmers are as pernicious as the plagues of Egypt. To your cities the proposition on your table is more ter- rible thanthe pestilence with which they were not long since smitten by the jmf^ment of God, inflicted in his wrath but bj his justice ; which made the dwelling where health and joy, and gladness and general prosperity, had blest the inhabitants* a char- nel house, anJ sent forth " the frequent corpse? through the de- serted streets, acoo'upanied by no living creature, save the patient drudging animal which bore it r and the lone sexton who com owl ted the dust' of the body to the repose of the tomb. Yes, sir, even this was a more tolerable calamity to your eries, than would be that plague upon, your table ! . What ought to be the policy of a government like ours, at a ' crisis like the present,, when we should have but one heart and one hand I Surely this is not the way to unite us. When, sir, you wish me coming from the sea coast to saTute my fellow- citizen . frotfi the west as a brother, do not present him to me in the char- acter of one exacting from me harsh and unmerited penalties. In spite of my perfect conviction of the benevolence and justice of my honorable friend from Kentucky, I must consider them as harsh • and unremitted penalties, though even by him inflicted. . It is said, however, in support of (^^proposition on your tab% that it is not unjust, that the merchants having gained this ex* traordinary profit without the sanction of law, Should be compelled to refund it. I have shewn you, sir, in the course of this exam- * ination what that profit was; that from a fair and liberal con- struction of the testimony it was but 7 1-2 per cent, and that to this might be added 3 1-3 per cent, for the extraordinary gain upon Bills of exchange. Now, sir, the policy which this govern- ment has pursued has been so variable and at the^ame time so destructive of the present operations of, commerce, as doubly to *» distress the mercantile part of the communty, it has of course distressed these petitioners ; it has tied up their hands for three ^years past while they have been obliged to keep up expensive es- tablishments, not yet quite deserted by ihe hope of better times* in expectation of some change ; and this profit of 11 percent. which fortuue and not your wisdom or kindness has throwft in*% their hands, you are called^upon to take from them. But have they really-profited ? Will they be gainers or losers, in (he course of their trade, in the event of your permitting them to retain rt J ^ They will be losers greatly if you relinquish the whole. And, sir, •hall we take from them that pittance which not your good will but fortune has given them — that which their spirit of adventure has j given, them, and in obtaining which they were not cherished or supported by you ? CONGRESSIONAL REPORTER. f$ ' But it is said, that though government should take this, * tho consumer pays it and it will come fiotn the pockets of the coun- try. My honorable friend from Kentucky stated a fact, I belief from a document of the Treasury, of which I have nodoubt,that / two thirds of the people of this country are clothed in homespun. And where ate those two-thirds. to be found ? on the margin of the -sea shore or in the cities. No, sir, the other third who con- sume foreign manufactures, live in cities, on the margin of the Sea shore, and ps^K the whole. They pay the double duties and the extra profit, and rcotthose out of whose pocket the gentle- man would have you believe it comes. The consumer prays you cot to inflict these penalties. Those who have paid it intreat you \ mt to take this profit from the mereftants-^th6y say let them I Itfcj) It — they deserve it. And will the government under such cfrcu instances object? * But, sir, does not justice require the remission of these bonds ? These merchants have done what your policy failed to da. They kave given you great advantages ; they have given you twenty millions of capital, whielj will probably be loaned to the govern- . ment if applied for in a proper way ; they have given you five • millions of revenue, winch is already secured to the government ; / and they have given you clothing for your army in spite *of your- selves. Shall they then, after having incurred great risks in do- ing all these things which are ^o advantageous to the country, Hve fines inflicted on them for what they have done ? The propo- f^pn is unreasonable. t Would gentlemen wish that the Treasu- | ry should not have been filled— that the capital of the country should not have been brought home ? That the army should not have been clothed ? Surely not. And under what circumstances were these importations made ? Under the sanction of government ; under its advice as far a? it was possible to obtain it. You are told by the minister of your country, our resident in England, that ho did advise the merchants to make these shipments. Now, I beseech ^ou, sir, put yourself in the situation in which these per- sons were placed. Residing in a strange land, who would you ask to construe the laws of your eountry ? The confidential agent, tha worthy representative of that country, the. man who has done honor to himself and to it by his conduct — He advised them to import — and why ? Jptecause he believed that in so doing he was eo-operating with the great policy of the country. He pd vised the shipment. What is requisite to be known to establish the in- noeehce of this transaction ? That the merchants shipped under the impression that the law of non-importation would be repeal- ed. Such was the impression of the agent of the government. Was the merchant whose information is necessarily circumscrib- ed and whose daily drudging fills up thfeincasure of his lime, to set himself up in opposition to the confidential and well informed minister of the government ? The important faet that the mer- chants shipped under the impression of the legality of sucji ship? ¥j congressional reporter. k -r.:? i*ftnh.>. oependaat oa the deration of the Orders i* Count'.', a ~i :**•;<:* tL*t it w ill be imairfdiately suspended on the rri x.'i 3 *r neee^iry nscihlcaiioa of the Orders in Coun- cil- Lit u»atia not all. sir. Who are the memorialists ? Per- sia* who re?: Jc in tl*i» country, who gave orders not to have their goods shipped fiu ft should U kgal to doso. Bat their agents in England hare been mistakes. T&fr?e who supplicate job for a im;-? ; 'a of these forfehareo never contemplated a violation of law. 1 bey are catirerr free from every kind of i imputation: of in- tent? *n to violate either the letter or the spirit of the non-impsr- tation act. Those who ate to svftr dk! sot direct and eould not ooatroi the act lor which they are testifier. But it is said there are several classes of petitioners, and that, though soaie may he innocent, all are not equally free from im- putation ; that some of them shipped after the declaration of war was known. Well, sir, if we take the testimony of Mr. Rus- sell, they are equally exeuseable with others. He did also ad- vise shipments at that time. It would have been ruinous to the proprietors to have detained them ; it would have deprived the nation of twentj millions of capital ; it would have deprived yon of live millions of revenue ; it would have deprived yoa of supplies of clothing for your army. Was not the advice of Mr. Kussell correct 2 Would you not to-morrow grant permission to bring home so much property so situated, if it eould yield equal advant* ages ? You would indeed practice a most extraordinary policy if you did not. You would to-morrow authorise /the act — and yet you would inflict a penalty for an act whieh you could not refuse to sanction* What would have been' the ease with this property had it been suffered to remain in England till the termination of the war ? Do gentlemen expect the war to terminate to-morrow ? No, sir* It will continue for years. I fear, if it continue till the principles for which it was commenced be obtained* The. most conciliatory propositions have been rejected ; we have nothing -to hope on the ground of a speedy peace. Then*, sir, why will J * make a distinction between the diffei'ent classes of shippers ? The one shipped, believing the aet not forbidden by the laws or pol- icy of the government in a fair and honorable pursuit of gain* the other under the belief that it was the duty and the disposition of the government not to inflict on them tne penalties of a 1** which certainly in its origin did not contemplate sueh a case, ^^ a view to save their property from inevitable destruction* &&* themselves from probable ruin. It is also attempted to discriminate by the periods of purchase, between those purchases which were made before and those made after the revocation of the British •*- derm and the first are considered as the favored class : but whJ vhould they be so considered? The first purchased at a time when the shipment was forbidden, and known to them to be forbidde* CONGRESSIONAL REPORTER. 8i with the hope of a* change, from change of policy or an accom- modation of tU^ 4ifR k rene«s between the nations ; the last under \ a belief that the Jaws of their country did not forbid them to ship them immediately. They have equally violated the letter of the law, and are equally innocent of an intentional violation of Its spirit. But those wh& purchased after the revocation, believ- ed that in the purchase as well as the shipment there was no law of their country which denied them the full advantage •of the speculation in which they were 4 about to engage— If then you discriminate at all, it must be in favor of those whom gpntlemen, from their arguments seem least disposed to relieve. But they are all in effect on a footing; because all stand on afoot 4 , in^ of perfect equity, and an, attempt to discriminate would be re* pugnaiit to that equity. cut it is contended, that this is a case in which it is right to aid the revenue of the country hy taking a portion of the profit of • the merchants* J say, sir, if it were just, it would be impolitic, be- cause you would not thereby in fact increase the firianeical means of the country. It is a dangerous experiment in finance, as veil > as in legislation. You open a source of revenue, indeed, but it is •ne which only drips and is drained in a moment, and you close j the great fountains of resource and stop the free streams of per- ennial supply. Shew to the commercial part of your people that 1 they a re not regarded in a less favorable view than the rest of the \ nation, and they will supply the revenues you want^ by lending you | their wealth ; but if you exact from them their little gains, will they assist you 1 No, sir, they will not. Wiat is the real advantage we are to promise ourselves from this new operation of Finance ? The government* it is proposed, shook! get perhaps 11 per cent, on the amount of bona fide Amer- ican property imported~say that the whole amount of property of this character is 18 millions as some have supposed, and it will give you only two millions of dollars. Take the argument of gen- : tlemen who endeavor to prove that not the half of this amount is American property, and these are the arguments of those who' propose this financial expedient, and it will put but one million in- to yoar treasury, whilst it will withdraw from you the confidence ^f the only class of people to whom you can look for money to ear- 1 ty on the war. Can there beany equivalent in one or two mill- ions of dollars to counterbalance this loss ? And here let me say while using this language of the treasury, that, I trust in God, no ' man who may be thus consigned by this House to the Secretary tf the Treasury to await his decision and to supplicate his elem- i **ty, will so far forget what he owes to his own tfrie interest and to his character as a free citizen, as to give any equivalent for that sum of money which may be^demanded as the government's 'hare of the profit. I would rather see the objects of the war fail —I would rather see the seamen of the country impressed on the *eean and our commerce swej^t from its bosom, than see the long Vol, IL— -No. 6. - deiatm. 82 CONGRESSIONAL REPORTER. arm, of thp Treasury indirectly thrust into the packets of the citi- zen through the medium of a pYnallaw.;^*^ lMght suffer ail these disasters and otir civil liberties woulcf ^c't^tJc -safe* That principle of our government would still be preserved, whidh sub- jects the purse of the, citizen to no authority but a knv so plain that he who runs may read- How are the exigencies of the gov- ernment for the next year to be supplied 2 That portion of them which is* provided is rather the result of accident than , forecast Is the deficiency to be derived from taxes ? No: I will tell geft- i tlemen who are opposed to them, for their comfort, that there ^ will be no taxes imposed for the next year ! It was said last ses- sion, that you would have time to lay them at this sessioti, but I then said it was a mistake. You now find this to be the fact. By your indecision then, when the country was convinced they were necessary, you have set the minds of the people against taxes.-— But were it otherwise, you have not time now to lay them fbrihe next year. What ought to be our course under these circumstan- ces? Accident; having thrown five millions of dollars into the Treasury,.has supplied the place, ami precluded the necessity of taxes for the ensuing year. It has furnished a basis of credit, awl . the balance must be supplied by loans. We should now by ah act of grace, conciliate those who have money to lend. But it is said ., we cannot conciliate them. I do not mean by conciliation an en- ' deavor to induce those who are opposed to the party in power t» abandon their political opposition. I rtiean only to conciliate them so far as to make them see and feel that the. government feels ten- derly for their interests — that they are equally favored and pro- tected. So much is recommended by our best policy, while His the just claim of political opponents as well as political friends in a free government. The Treasury may be supplied by acquiring i their confidence without their political support and co-operation. I only say we must not disgust the monied interest of the ccun- ; try, No government like ours can support a war by direct impo- sitions or any other revenue raised within the year. It must re- ly on its credit for a great portion of the ways and means of car- rying on a war. This is the theory on which it was prbptsed to \ act the last year. This is the theory on which the war was com-J menced. The great source from which yon must draw is tke '1 commercial wealth of the country. And yet you are called upon to shut up and choak the channels through which alone it can flow into your hands. This wonld be, a* it were, to bank in the periodical floods of the Nile, and would to God it were as little practicable, ana* prevent them from spreading their fertilizing qualities and making their precious deposits on the adjacent lauds. Commerce and agriculture may be aptly compared, said Mr. C. to this noble river and its floods. The last, like commerce, would not indeed exist, without the mighty stream, the symbol of agriculture, which flows silently and majestically within its banks But this great river which in song and story has, in the naked* Bess of truth, exhibited more splendor than fable and fancy couM CONGRESSIONAL REPORTER. 83 have lent without these attendants, would have descended to the otjcao " unhonored and unsung/' Memphis and Thebes would not have been, and even the starry heavens, beaming only on the torporca], would long have given no light, and afforded no charm to the mental eye. So no cause has contributed so much to the civilization of man, and the improvement of every art and every science, as commerce. Without commerce, we should be simple shepherds or barbarian hordes. I deny not, said Mr. C. the vir- tues of the agricultural istsj they are generally perhaps greater than those of any other class of society. .But the mercantile peo- ple of this our own country, are inferior to no set of people pn tarth— they carried into effect your embargo, notwithstanding its occasional violations by some unprincipled men, with more vigor and strictness than all the douaniers of France or all the navy of Great Britain could have done in any other country* Such 4s thfc character of your merchants ; hut if you inflict penalties on these men who have refused to violate your, laws and become smugglers, you will put them out of the commerce of the country, and those profligate men who are ready to violate every law you may » enact, and who disregard every obligation of morality or religion, will supersede them. The general policy of every free governt- ment as well &s the particular circumstances and policy of our own forbids; the course proposed to be pursued* Tho general practice & experience of free governments discountenance it,-Can gfcntlemen point to any thing li£e it iuthe history of ( free govern- acnts— I know there arc examples, but I find them in the histo- ry of tyrants and of arbitrary governments. 1 And ihem in the history of Henry VII. and in that of his celebrated agents Emp- $011 and Dudley— yetin an arbitrary government they were given up to the indignation of an injnred people, and history has execrat- ed the acts as peculiarly abominable even in the conduct of a ty- rant. L#t gentlemen, discriminate between, the cases if they can. In either case the law has an operation which the Legisla- ture never intended — in either ease the TPreasury is to be filled.— But say, if you please, that this is a doubtful case— that it is opt Assuredly elear that these penalties ought to he inflicted, what •nght to* be our course 2 To demand or exact any thing in $ doubt- ful case ? No, sir, because the Legislature of a free government has no right to act on doubtful principles. Few men witf have eonfidcRce enough to deny that this is at least a very doubtful > question on the part of thosye who would inflict the penalties — it would he so from; its novelty, alone. Sound policy then would re- commend an aet of grace. % * . / I will add one word -mote, on the subject of commerce, rather scority f and resting on very unsatisfactory foundations. The gentlemen, ( he observed, who had preceded him against the report, had notj very successfully dissipated this perplexity. It has become «spey eially neeessary to sink down to first principles, to apply the pick* axe to clear away the rubbish, and to tear the veil of technical mystery from this, he readily admitted, important question. It is, said Mr. R. an enquiry which I freely confess but a few days ago I was little conversant with ; some members of this commit- tee may very possibly have entered on the deliberation without an intimate acquaintance with it also. His olyect was, he said, to familiarize the committee of the whole with what the select com- mittee had in a degree become familiar with, rather than to at- tempt to place the subject in any new or imposing attitude. My hon. IViend from New- York, (Mr* Mitchell) said Mr- R. yejste^- day told you, Mr. Glmirman, that this was an affair of bonds- mortgaged, and that he would not take the pound of flesh Sbyloek like. I must beg leave to differ from the gentleman ; I do not consider it an affair of bonds, nor do I want the pound of flesh. The ease is not one of contract— far different is its character: it ' is an infringement of penal law. The party for whom the gen- - tleman<(Mr. Cheeves) invokes your compassion and in treats your grace as suffering citizens, stand before you confessed the volun- tary violators of your penal laws. They come net to ask cancel- men t of their obligations as legitimate bondsmen, pleading a set , off against their conditions. Their tiue charaeter is tliat ofeon- fessed violators of the laws, praying a remission of penalties in- eurred by infracting then}, wishing to offer extenuating evidence. This committee, said Mr, R. are not sitting here as parties to a \ bond "or a mortgage, but afc a high tribunal ; who, if they aet at all, ought to aet wifh special regard for the good of the great community, as well as individual right and interest. They ought to weigh with solemn deliberation the high and responsible ua- CONCESSIONAL BEPORTER. 85 fere of their duty. They ought to decide, unaw-ed by fear, uh- nasscd by compassion, and uninfluenced by any consideration* rot those pertaining to immutable justiee. Need I remind you, Mr. Chairman, said Mr. R. that the statute broken was the de- liberate, the legitimate act of the representatives of a free and enlightened people. It "was a law not hastily adopted — a law rat* ificd and confirmed by the approving Voice of a great majority of the citizens— a law persisted in by a subsequent legislature*— nay* almost re-enacted by them— designed to effect a great national benefit ; to give us what is so much desired by the gentleman From South Carolina, (Mr. Cheeves) sa much desired by us all, a free, unrestricted and prosperous commerce ; a thriving agri- culture, and the unlimited exercise of our national rights. Is the execution of such a law to be held up to scorn and opprobrium by an invidious comparison with the capricious^ the wicked, the arbitrary exactions, of one of the meanest and niost odious of the ? rants that have occupied the English throne ? Is the Tenth on^ress to be ranked with the covetous and rapaeious Harry the 7 th ? 'Or, are there any within these walls meriting to be likened unto the Empsons and the Dudleys, the execrable pand- tn of his avarice ? The gentleman's zeal must have overcome Tris usual liberality. My esteem for him will not allow me to think but that, upon reflection, he will be disposed to retract this ^warrantable imputation. A Congress of the United States to be charged with compounding penalties to feed the public avarice, Tike the fell instruments which the 7th Harry found within the purlieus of the bar ! The idea is impossible ! The nonimportation act and its supplements, (I repeat it, said Jlr. R.) were designed to effect a great public good. ./The pen- alties were provided to prevent crime — not to raise revenue. The peat end of all penal sanctions is to destroy the motive that would l&d to the ineurment of these penalties. ^ Let us beware how-we vhet that motive byan indulgent interference, alike forbidden by tbe great principles of public policy, the settled principles of law and even equity itself. If in a single ease the law had been broken, no one would have Invoked your grace for the delinquent. Can extent of infraction heighten the claim to your liberality? Too much importance has been given to the number, wealth and usefulness of the importers. I am willing, said Mr. R. to allow *iem their full merit. I feci no hostility to them, more than I 6m fear their resentment if justice be done to the nation. Those '*hs have appeared for the importers, admit that the export and Import trade are not in the same hands — and, that the sale of laports is again divided between the jobbers and the retailer* ; *o that really the importers form a much more inconsiderable Wion of the people than Jhe gentleman from S. C. asserts they &. But, admitting they form one-third of our population, how ijtoi it alter the question i One-third of the people may have an kterest in violating the laws ; two thirds may have an interest >M v * -»- • -i*. '■* . _ > ** *■-.-. --I 86 CONGRESSIONAL REPORTER. in their being regarded — Whose interest in this case ought to yield ? I hope, said Mr. B* the committee cannot be influenced by such argument, though imposed with all the graces of eloau tion. The committee stand charged with the conversation of the publie rights and the public interests on the one hand, and with the dispensation of publie mercy on the other* To do justice is a delicate task, but happily not a difficult one. All that is neces- sary for the present, is to let the law be administered according to its original intendment. Mp. R. said he had . endeavored to shew, that if we aet at all, we are not called upon to decide a question of bonds. The bomb' are involved, and it niay be well to inquire whence they originat- ed. The importers have derived a benefit from them which tliey could not have done if the law had been dulv executed. " All the prohibited merchandize" (says the. Secretary of the Treasury, i:i his letter to the ehairman of the committee of Ways and Means) " restored to claimants, has been so restored by order of court without any other interference but a forced acquiescence on the part of the executive officers." Among the printed dpcu-i incuts will be found a circular letter from the Comptroller of the Treasnrv, addressed to the several district attornies, dated thr* fifteenth of May last, instructing them " to oppose every motion.; for the restoration to the claimants of prohibited merchandize under seizure.'' -Mr. R. said he recurred to this paper with much gratification, as the soundness of the argument and perspi- cuity of the style — are as creditable evidence of the talents of* friend he very much respected and esteemed, as the promptitude with which this arduous duty was discharged is honorable to lus official character. We may well stop to. inquire if the judges have undertaken to legislate in this case. * The powers they sometimes exercise in the administration of civil- jurisprudence are equivalent to legislation, arid no small portion of our munici- pal code is thence derived. All thoughtful and observant men must have looked on this stretch of judicial authority with seri- ous concern, but we had yet to learn that any judge )eouW be found bold enough to wrest penal legftlatiou out of the bauds of the constitutional authority. But of this we can better judge when we shall have read the letter. I crave the special attention of the committed to its contents — [Here Mr. R. read and commented on the letter recurring to the law as illustrative of it.] . Thus, then, (he continued) either by a inal-admluistration of the law or by a mistake of its meaning in the face of positive UK struetions from the law officer of the Treasury, riot more worw of respect from their emanating from such authority than for tl* conclusive reasoning accompanying them, some of the distrp judges went on to restore the seized merchandize, thereby *j straying the penal operation of the law to a high degree, «"J benefiting the importers hy restoring to them not only ft cir vc * x • 1 CONGRESSIONAL REPORTER. 87 ed capital, but even goods on British account to an immense a- ' mount. It put beside this, into their hands, exorbitant profits in addition to all. Thus originated the bonds, and thus have they already benefited the importers ; and yet this is not enough, the bonds must too be cancelled and an act of indemnity passed not more to glut the avarice of the importer than to cover the judges from censure and amenability. So far from the intervention of the bonds having made the matter less serious, as my friend from N. Y. (Mr. Mitchill) supposes, from the manner of their origina- tion they present Insuperable obstacles to a remission of the pen* ' attics. Gentlemen may say if the bonds are unlawfully taken thev are not recoverable. With this, said Mr. R. I do not tfcou- We myself; if it be so we may hope there is too much integrity ' in this committee to indemnify such inequality. The gentleman from South Carolina (Mr. Cheves) has dwelt w^th peculiar em- phasis on the , circumstance that some of the select committee ( who are disinclined to remission, were at the last session for sus- pending this law. I, said Mr. R. was one of those who voted for i its suspension ; I have to plead error of judgment for so doing to !' the nation. I afterwards felt happy in having it in my power to I vote against the reconsideration of the question to suspend.' I was then led into error by listening to such arguments as are now offered in favor of a Remission of the penalties since accrued un- der that law. Experience oi,*»Iit to learn us to estimate them better. Ttfe were then told, as we are still, our restrictive laws were inoperative on the enemy ; that they were destroying our own prosperity uselessly ; and that they were demoralising our people by the temptations they held out to fraud, and that an im- i mensc amount of American capital could only (hus return home. The pretended revocation of the orders in council and the subse- quent shipments prove all these assertions to have been egregious errors. I am confident that a remission of the penalties incurred V the importers of British merchandize, a9 gentlemen wish, would be even a greater error ttyan a repeal or suspension of the act at the last session. Under such a state of things the country ;■ would have been in a better state than it will be if we now remit. There would have been a full importation ; there had then been no monopoly, no extortion of millions from eur consuming popu- lation. The gentleman from South Carolina 1ms appealed more \ to the passions of this committee than to their sense of duty. He proclaims the report novel in legislation, but he has not at- tempted to prove it by fair deduction And reasonable argument. For the legislature to step In and to wrest the administration of the laws out of the hands of the judicial tribunals would not be a novelty only, but it would be to sap all confidence in the stability and Justice of the government. s Ail that is contemplated by the report is to secure the adminis- tration of the laws from interruption. If there be any thing for Congress to do, it must be after the executive and judicial branch- 88 CONGRESSIONAL REPORTER. N< es of the government shall have executed the law. The gentle- man says with great emotion, that he trembles for the consequen- ces if we do not, by an act of more than doubtful propriety as ta {trinciple, and most clearly unjust in its effects, indemnify the vio- ators of the laws. The cause of his fears lies in the wealth, in the number, the weight of the importers. IT, sir, the mercantile class of our citizens, if ap inconsiderable section of that class ean drive the supreme legislative authority wjth fear and trembling to suspend tne laws, and vote extorted millions into their pock- ets, then we may all, to use the gentleman s language, tremble " for the fate of the nation. Happily, however, we cannot fear this— our government is representative. Its foundations are laid in the happiness, and its superstructure is supported by the affec- tions of the people. Every class and every interest of the citizens ean have redress of grievances, but none will be allowed to teyer above the law or to eoerce the legislative authority by threats xlnd mandates, while sacred justice and the settled principles of government lie prostrate. The gentleman from South Caroliim , (Mr. Cheves) commenced his observations like a skilful, orator, however he may have failed to sustain them as a sound logician. He came to the debate with Lis feelings warmed, he seized the '■ point best calculated to secure attention. The novel, the immense, the dangerous powers the report would leave in the hands of the Secretary of the Treasury, has b^n spoken of with concern and alarm, if not with horror. A citizen has Ijeen painted suing and supplicating one of your officers in despite of his pride.. The person of the officer is artfully made to put the majesty of the law out of sight, when in fact all the powers given by the law to the Secret* ry of the Treasury have the character of mercy. If used at all, they must be used to soften the judgment of the courts of law, and when used the legislature may on all occasions seper- j vise and extend them if necessary* JMr. R. faid it was only left for him to glean this field, as h» [ friend from Kentucky (Johnfon) had already reaped it with the hand of a mafter. The gentleman from S C. (Cfeeves) has fooken of the amount of property involved in this queftion. He ftau d it corrc&ly at near 2540,000,000, including coft, charges^ j and profits. Tfie fec'y of the treafury gives the prime colt ot j the late importations as returned to his office v a part of which is pn eitimate, to be 4,000,000 1. fterling, which is to fay in round numbers 818,000,000 5 the charges on which are 50 per cent and the whole profits more. I mention this fum, faid M» R» t0 prefenta whole viqwof the fubjett. ^Vmount cannot ahrofits he aficfled and given up to the violaters of the law, we nay form fome cftiraate of the benefits derived to the enemy, & Uo(e_\vho have dealt with them- The importations are divid- ed by theft-C*y of the t^eafury into five claffes; the amount of »ach of which feparatcly it is difficult to afcertaln. It has been argued by the gentleman from 3. C. (Cheves) that the great mafs are of tht firft and nioftinnocent clafs. When I come to that partiofthefubje&.I fhall draw different conClufions.My con- vitlions are that the three claffts inverted oh American aqcount, fubfc quently to the re vocation of the orders in council, are much the moft considerable, and indeed that a great amount, if not the greater, arrived in the U. States, really Britifh property [and on Britifb plk. The profits of the importers or the coverersof Bri ti I h property over importations in times of peace, cannot be lefs than $9 000,000. Takiftg* the; ftaternents of average Tales from intertft d foiirces, we get this refult* and many reafons exift to ihow it is even more. Give the gentleman from S- C. ( Cheves) hisftatement that the importers form one third of the people % and why fhould Congrefs vote them a bonus of from 9 to 16,000,T)"00 dollars, extorted by monopoly from the confumer. >iot furely becaufe they have'voluntarily broke the law and re- lieved the enemy. ^ It has been pretended by thofe who have preceded me, that agriculture and commerce are mutually dependent. Generally they aie ; but if in a time of common privation, the bonus of an odious monopoly is about to be voted to a fe£Uon of mer- chants out of the pockets of the other clafles of fociety, a con- fli&ion of intereft arifes. Such an one exifts, to an aggravated degree, in this cafe. The relief given thro* thefe importation* to the enemy, muft prolong the war. Revenue is the finew of war ; and to force the confumer to pay firft enormous profits to monopolies, and then to require-him to pay his full propor- tion of war taxes, is too great a departure from juftice, Jo be tol- erated for a moment. The interefts of the many muft ever be regarded in preference to thofe of the few. Here then we have many millions of forfeitures, that juftice to the community will not allow to be wholly remitted, and in which even the gentle* man from South Carblina admits Congrefe cannot interfere ex- cept through the intervention of the Sec'y of the Treafury. Yet an unaftfwerable diftruft produces in him a fearful anxiety. In Ms trepidation he would break in upon the fettled admjniftra- tion of Jaw— the ftable principles of government. He would wn-ft fuitsout of the hands of the judicial tribunals and give them *ith the exercile of the prerogative of the Executive to Coi .• Srefs. In the clafses of importations there are circumftances at- toched that would juftify mitigation in fome cafes more than others. The mitigating and remitting power, left where the 90 CONGRESSIONAL REPORTER. law has placed it, can be equitably applied. The officer can call for and examine the beft evidence ; he can refer to original pa- pers ; compare dates, and defeat frauds. Gentlemen do not pretend congrefs can do this. But they would remit all under the great head of American property ; the reft, it is to be prefu- med> they would confiscate. They have however given pretty firong evidence that on their plan they would find little Bririth property* The bonds have put all into American hands, and from the confidence the gentlemen from South Carolina (Mi'. Cheves) has placed in the allegations of the importers, we may discover his impreflions. I do not well comprehend how he is to arrange the detail of his law. Some tribunal muft invefti- gate the character of the merchandise, and would not the gen- tleman view with equal fenfibility the fame powers exercifed fomewhere that the law at prefent contemplates ? At leaft there is little difference between us as to the principle and adminiftra- tion of the law» We are all for allowing a qualified remiflion* To obtain that, the parties muft be brought before fome author- ity. The gentlemen from New-York and S. Carolina are ready to remit much further than we think juftice to the community will allow. Extraordinary profits can be claimed on no colora ble ground growing out of the infraction of a law calculated to rcdrefs the injuries of the nation, the policy of which has thereby been very much fetafide- The law was produced by a fyftem of fpoliation and piracy on our lawful commerce^ and violence dope to our rights, which ,had long been obftinateiy purfued by the Britiih government. Her power to'wrong and annoy us grew out of a moft profperous commerce— that commerce was bottomed en a moft extenfive and fuccefeful fyftem of manufiift- ures. When (he had turned a deaf ear to pur diplomatic ap- peals to her juftice, it became neceffary for us to appeal to her interefts. Thefe laft appeals have at length refulted in war- The efficacy of thofe firft adopted, of a pacific chara&er, .are however no way dimintfhed. It is well known, that the finews of our enemy's ftren^th lie in her manufacturing ingenuity and induftry, and that fhe can be made to feel the weight ofourjuft vengeance only on her counters. The profits derived from a partial furrender of the non -importation policy cannot juftly be given up to the violaters of the laws ; but they ought to be ap* plied to ftrengthen the belligerent appeals ol this nation to Brit- iih interefts to procure a fpeedy and honorable peace. Saturday* December 5. The Hpufe having again refolved itfelf into a committee of the whole on the report of the committee of Ways and Means on the petitions of the merchants for a remiflion of their bonds, Mr. ROBERTS (aid he rofe to alk a further hearing from the indulgence of the committee under an undiminilhed embar- ' , CONGRESSIONAL REPORTER. 91 raflVnent Were he to allow his inclination to gpide hinx he ihould mod certainly leave his argument uafihiflied. The af- pciity of controvetfy was at no time grateful to his feelings and it isthe more irkfome, as it muft b* applied to antagortifts for whom his n fpe6\ would hardly allow him to ufe the full lati- tude of the freedom of teply - Confiderations of inditpenfebie du- ty only held him to his feet; Among th$ papers, laid Mr. R. accompanying the report, is a letter froin the S; cretaryoltheTreafury to the chairman of the committee of ways and. means. This letter was received in confluence ofarequfc^ of the committee thro* their chairman* that the Secreta?y would communicate the fafts within his knowledge relative to the late importations of Britifh goods. The committee confined their call on the Secretary to fa&s by excluding a part of the original motion, reqiiefting a difclolure of fuch other views as he miglit think proper to give. The worthy chairman, faid Mr. R. has been pleafed to cxprefs great fcnlibility as to the queftion of fuffering the Secretary to exereife his mitigating and remitting powers in this cafe. He has infin* hatCxi too in rc;ply to my friend from Kentucky* that the majori- ty of the feletV committee having difcovered the fentiments of the Secretary, were difpofed to obtain in the way the report might be made? to operate, what they would mot as a legiflative body propofe to do. For rnjfelf I can ftate, that I know nothing of the Secretary's opinions but whqt maybe drawn from his correfpondencc. In the letter I am about to read, the Secreta- ry was called upon {pr fa£ls* and while he met their wifhes In a dilcloforcof fa£tsit was not eafy to avoid faying what in his mind merited ftrong belief. Fa6ts are ftubborn things and will wear none oth^r than their own features— but matters of belief may be nvyle to fubmU to coloring. I call the attention of the committee, fa id Mr* R* fo thofe parts of the letter which fhews the Secretary's feelings towards the petitioners, in order that they may judge whether the repugnance of that importer to ap- pear before him, which the worthy chairman has fo impreffively noticed, earvhave any juftificatioru The payment of my bond, feidthat gentleman, I care not for,; but that I muft fubmit to pray, to supplicate to any perfon— k is this which wounds my foul, One would fuppofe the laws had ercfted a dire tribunal where the judge was not only inexorable, but that he was prede- termined tedHincline to mercyj the faireft attribute of power. Let it be Remembered, faid Mr. R. the report goes not to change the courfe of the adminifttration of the law, it goes not to kffen the mercy ciifpenfing power, it goes not blindly to reward guilt where the objeft ought to be die prote£Hon of innocence, it goes to fupport the liable operation of yoijr "penal fan6tiofos, ,, to temper juftice with mercy. [ Here Mr. R. read a paragraph from the Secretary's firft letter. ] 4i It is believed that by far the greater part of the fhipments were made in conformity with 92 ' CONGRESSIONAL REPORTER. previous orders from merchants i* America to their correfpond- ent5 in England by which thefe had been Inftrudted to make fucb fhipments whenever a revocation of the former Britifh or- ders in council fhould take place, it having been prefumed by the American mcrchants.that fach a revocation would by virtiff Of the aft of congrefs of the 2 J of March 1811, produce a dif- continuance of the prohibition to import Britilh merchandize into the U. S« Could, (aid Mr* R. a ftrongef evidence be given that if the mind of the Secretary has any bias it M entirely in fa- vor of the importers ! He believes that far the greater part of the importations have been made in conformity with previous orders* Unlets ftroog fa£ts fhouid oppofe themfelves, he is bound, by this belief to aft — he ftands officially committed. On this fe£)t too, Hands very much their claim to mitigation. Mr. R. then turned to the three laft paragraphs of the letter* In the firft of thefe it is laid, that tho' in fome cafes, fales may have been made not only to cover prime coft, but charges and duties, and even the whole amont of the bonds ; yet the fuppofition that fales have been fo made generally, is, he lays, believed to be greatly exaggerated. Here then is another inftance where the mitigating power, as then advifed, believes what the petitioners fay is fa6t f and if it be fa£k, it is greatly important to their wiihes. The letter, faid Mr. R. goes on to date it as an in difpu table fa£t, that the im- portations are far (hart of former annual importations and of the a&ual demand, and that in the fales more than ufual profits have been realised. The diflfcrence is a tax levied on the community by thofe who have imported contrary to law, and is folely due to the operation of the nonimportation a£l. The Secretary ftates further % that of the , forfeitures accrued, one half is by law vetted in the cuftom boufe officers and inform- ers, and the other half in the United Statt s. Tha »*ower to re- mit the (hare of the U. States and of all other perfons in whole or in part, and on fuch terms as may^be deemed rt afoitable and juft, is by law vetted in the Secretary of the Treafury. Thefe, fir, faid Mr. R. are fafits arifing out of the operation of $*~\w which I had believed there could be no doubt of iuthc jntadw ' any one. The worthy chairman has fuggefted doubts oF-ihem, not as wholly applicable to himfclf, but as retting fome wftere. He has not, however, given thefe doubts much weight by argu* ment ; he has retted them on little more than mere fuggeftion. The Secretary fpeaks without refervation as to 4ii§ potyer over the cafe, on the broadeft bafis of equity,— I do not claim a tamfc acquiefcence in his opinion without further enquiry. But, faid Mr- R. I call the attention of the comtnittee to this point, the more efpecially as my honored friend from New- York has been pleated to fay that, he underftood both the Prcfident and Secre- tary as doubting the powers of the latter. Confi lering the mag- nitude and unforefcen nature of the cafe, fays the Secretary, it was thought proper not to exercife that authority until Congrds CONGRESSlbNAL REPORTER. 9$ had taken the fubjeS into confederation and prefcribed, if they thought proper, tbt courfe to be purfucd. This courfe thfca has riot beep adopted by the executive from any doubt of at*, thority, legitimate and ample* over the fubje&, nor from any fear in theheadofthe treafiiry to incur the awful refponfibility the duty would impede. Of my powers I have no doubt, fays he, and that if Congress do not a61: 1 am ready for my duty, muft be inevitably inferred. The fabje£t, in my opinion, has been I>eople, for which^nall^dcafionsthe has been diftinguifhed as rcgardal ; aixl let me add too, I believe to a deference to public opinion and a tendernefs for the feelings of that dafs of citizens, uhofe private interefts are immediately involved. I touch not, kid Mr. R. the point, whether* Congrefs ean interfere, except through the intervention of the Secretary's mitigating and remit- ting power, as to that half of the forfeitures which goes by law to ofijeers and informers $ my friend from Kentucky has touched that point, and it will be further elucidated by my friends who arc to follow. lam willing to admit in argument, that ourjurifdi&ion ovfer the principle isabfolute, and that the cafe in the hands of Con- grd's. is as clay in the hands of the potter— artd yet, I contend, to remit that portion of forfeitures n? hich belongs to the U. States woold not only be outraging, what juftice to the community at large requires, but in my mindi the ail would incur the guUt of deep iniquity. J will now, faid Mr. R. call the attention of the committee to another letter of the Secretary of the Treafury to the chairman of the Committee of ways and means in anfwer to a reqiieft of the committee, for fucb further & other views as he might-think proper to give ; but I beg you to mark, fir, with this Condition annexed, at the fuggeftion of the worthy chair- man, whether, in his opinion, the importations had notbeen ac- tually arid materially advantageous tothe government. Thus requiring a judicial officer t© difelofe his impreffionson a fubje& he might have to adjudicate, and one which I am fore he ought. Inthisttuly delicate fituation, how does the Secretary afe>. You have all the important fa&s— -Gentlemen, I cannot Rrefent the obje& in any new or other views* - Here Mr. R* read the letter. We difcover no difpofition here, faid Mr. R- to put tlie advantages out of fight; they are admitted in their fulleft ex- tent. But then, mark, after admitting the advantages, the Sec- retary Hood as the adminiftrator of the laws, he was not the ad- vocate of the importers, but the fervant of the people ; his opin- ion being given as to advantages, to let them go before the world without the other fide of the pi&ure expoled, might have ferved the importers at the expetiee of public juftice, fb far as public opinion might have been thereby affected, ft wa$ neeeOary to 94 CONGRESSIONAL REPORTER. put in array the difadvantaijes. And what are they ? Thefe ad- vantages have been forced upon you, contrary to the kgiflative will, as expreffed at the laft fcflion. The policy c 1 your laws has been fet at nought. Your penal ianitions have i>een broked ■' {as the gentleman from South Carolina would say) " in fpite of you." If the gentleman has got any thing by his interrogatory, ., let him take it. Let me, Mr. Chairman, faid Mr. R. call your attention to the cafe of the Calcutta vtflels incidentally introdu- ced by the Secretary as illuftrative of the condition of cargoes from the Britiih Ides. In the act of the 5th of July, Congrefe gave a practical conftrufcVion to what is called the non-importa- tion act. The merchandize was admitted on condition of be* ing warehoufed and remaining fubjcct to the future difpoStion of the government. In the face of pofitive inflections from the .the Comptroller to the diftrict attornics to refill a reftoration of feized merchandize on bond, accompanied with, I may fay without hyperbole, a moft lucid and conciulive cxpofition of the x law; in the face of the conftru£Uon of that authority of which this committee from a rcfpe&able member,- have fome of your diftritt judges departed, and that too under; the occurrence of a cafe in which an appeal from the decifion ] of an inferior court — nay; the moft inferior, held by a fingie judge was impracticable. Thus, : have the violators Of your penal laws, of peculiar facrednefs been more than half indemnified by the afel of a fe\v diftrifii j^dgjeb-^-for be it remem- bered, that a few onjv are concerned. If there were no other reafon againft a remiffion, it is fufficient to make it utterly unad* vifable that that remiffion would go tofttat nought, in fome meafure, the refponfibiiity of the judges, who have fo ftrangctyi I will not fay criminally, a&cd — They now ftand liable to pan- i ilbment. Now* fir, (aid Mr. R. to the laft point in the Sc creta- ry's letter, * 4 Upon the whole," fays he, * * 1 continue in the o- pinion lubmitted with great deference to the committee, that the one half of the forfeiture which would othervyjfe fall to the fhare of the collectors mght to be remitted, but that with refpeft to the one half belonging to the U. S. juftice to the com munity* | requires that when remitted at leaft an equivalent may befectr < red to the public for the extra profit beyond that pn common importations which arifes from the continuance of the non-im- portation aft." And, fo lay L faid Mr^R.. Here then we have the Secretary's opinion on tae vital queftlon within the pury^ of his authority under the law- One halfought to be remitted —the decifion is made. It it irrevocable. W?r$.,iton file in the Trtafury office — nay, were it trjeecuted, it could not be ; more binding, if the law be left tolerate. Onz half of all you | afk, gentlemen, is unconditionally .granted- What of the reft \ When remitted, that at lead an equivalent may be fecured toj public ufe for the extra profits. *- Will the worthy chairman tell my friend from Kentucky we have penetrated the views of the Secretary and that we are fecking by covert means and a nega- CONGRESSIONAL REPORTER. 05 tive report to authorife himvto agree to a bui^iliating pompro- mife. No, fir, I anyfure on better confideratjon his corre6tneis would not admit it* The Secretary has given his opinion pot to the majority of thje committee in fccret,but tothe Houfe in com 4 mittce of v the whole ; to the nation, and tQ the world. In that opinion the extra profits are .forfeited to public ute, and that it would be ihjuftice to the community to give them up. What tht ie profits are, the Secretary could not know; and he has wifely forborne to eftjraate — that mull be therefultof laborious invefligation and patient enquiry; -As a judicial bffi.cer, the fee* retaryhas forborne to eftimate the amoynt till it fhgll become his duty. It has now, fir, become my duty, faid Mr, R. and. I tar not to perform it; I fubmitonny eftimajte of the extra profits under the fulltft perfuafioa that it \s below the real amount ; but 1 am willing to take it, be it more or lefs,, 1 It is not, it is true., tbe rufult of calculation from indifputable data j but it is cjravvn from circumftaiKial evidence of the cafe that produces in my Rjind undoubting belief. This evidence lam prepared, faig Mr, R. to detail to the committee. Before the U.S. fhare of of the forft itures is remitted, I demand an equivalent to the ex<- tra profits for the public Treafury. This equivalent 1 eftimate at half the bonds, or 89,000^000 ; and, thisfum paid, I confid- tr the importers as detaining a per centage above their higheft profit in time of peace and of full importations. You cannot but have obferved, fn\ faid Mr. R. that Ihave already often trodden painful ground in the courfe of my, obfervatiofis ; ahd that vVhich on rifing, prefented the moft difcouraging embarraffments, re- mains to be ttodden, and we havq come to the pojtat of entrance. Thisfubje6\ came up in the Executive meflage ; it has firxe been bro't btfore you by the parties implicated, in the charac- ter of petitioners— r& facred character—before the reprefenta. tives of a frt e and magnanimous people. The right of petition is an iroperfcrptihle right iri tbe citi?em The veftals at Rome, or the heralds who palled between contending nations, were lefe inviolate. Duty only could impel me onward-ahat duty, has hern made of fuperior obligation by the gentleman, from S. C. He hastold you the evidence on your table carries on its face the feature of indubitable truth ; that it proves that the bulk of the importations are American, and *were bought early or be- fore the Britilh orders were revoked ; and that the importers arc perfetliy innocent — as white as fnow. I deny it ; I have, fir, already laid my felf under obligation to try this lflue. My friend from K. has once pafTed in review the evidence, but he has forborne to fcruiinisse it as clofely as it has now become m» ceffarytodo; no doubt fronfi feelings of that liberality to the Petitioners he is ever regardfujof, which, X regret, it has be- come my duty not to imitate. The petitioners ftand before you as confeffed delinquents in the eye of the law i ready, however, to plead their title to a remiffion of penalty. The law has brok- 96 CONGRESSIONAL REPORTER. en, all a m agreed ; and what is ncceffary to be proved to merit indemnity ? The petitioners alled 6 e they ttiipped to get proper- ty home which had been their misfortune, without fault, to have had locked up by the operation of the non importation aft com* ing unexpectedly upon them; that they {hipped, believing it would be lawful ; and that their profit will not allow them to pay the bonds without fevere diftrels or abfolute ruin. I under- fake to prove, Ciid Mr. R. from the teftimony before the com- mittee, direft ly contrary fa£te. Firft, as to the time of inv^ft. ment. (Mr. JR. here referred to the claflification in the firft let- ter oF the Secretary of die TreSfury.) The Secretary, laid he, having reference to time and manner, had five claiTs, to tvtt : Goods bouglrt on American- account, and at American rilk, before the 2d of February, 1811, when the non-importa- tion took effect. 2d. Goods purchafcdand placed on Amer- ican rilk between that time and the 23d of laft June. 3d Goods purchafed thereafter and (hipped at American rilk- 4th. Goods configned to American houles, or others as agents, under vague or obfoleteorders, to be delivered ov?r conditionally ♦ 5th Gpods really Britifh- » The petitioners alk generally for the remiflion of the penalties on all. The worthy gentlemen from New -York and S* Caroli- na have given up the goods really Britifh : the daffes are there- by reduced to four. I lhall divide them into two, to wit : thofe bought and at American rifk, before the 2d of February, 1811 ; and thofe placed fo afterwards. lean Ice, faid Mr. R. no joll; caufe of difcriraination between thofe bought before or after the 23d of laft June. The depreffion in exchange and price puts them on a par, and I am fure the great bulk were obtained after the 23d of June, judging from the allegations of the petitioners Aemfclves. ( Mr. R. here referred to the printed report, page* 22, 23, 24, 26, 27 and 28, to (hew in what manner bufinefc had been trahfa&cd, and that it thence refulted that there could'havc been very fewa&ual inveftments on tta 2d of February)^ We find, faid Mr. R. that the execution of orders fenPm the fell of 1810 was countermanded on the appearance of the proclama- tion ? that it has been ufual under the late reftri&ions to give orders to be executed on the contingency of a revocation of the Britifh edifts ; that it is \ifual for importers to place funds in England in anticipation of their orders for the purchafe of goods; that perfons have gonfc to England with large funds and have (peculated on theiow priees of the laft fpring » that orders are ufually given by the firft of January, but are fubfeqtiently re- vised. All then is admitted by thofe who have appeared for the importers! and it goes conclusively to prove that few eroods re- mained in England on American risk on the 2A of February, 1811. But the committee of the Bofton importers state, that large quantities of goods prepared for (hipment before the 2d February, 1811, and which arrived at the shipping ports too late to be shipped before that day, were, in the entiling fpring ft CONGRESSIONAL REPORTER. 97 anil fummer, fhippedto the Britifh ports in New-Brunfwick t Nova-Scotia, and Canada ; and the greater part of thefe goods have been brought into the United States lince the war. In ' confirmation of this, I learn that in Vermont alone duties have been bonded for to the amount of 55100,000 ; and in Paffama- quoddy goeds^o an immenfe amount have been entered fince' that time. The importers ftate, that in confequence of a letter from the Secretary of the Treafury, giving them information that all goods arriving in the United States after the 2d Februa- ry, 1811, would be liable to forfeiture, tfyey countermanded their orders, and did not enjoy the advantages which were granted by the aft of March, 1811. 1 have inquired at the Treafury for this letter, and find it was written on the 13th November, 1811, in anfwertothe inquiries of a fingle mer- chant, and contains only a reference to the terms of the 11th fcftion of the aft of March 1, }809. Frorri this letter nothing can be inferred in favor of the claim of the importers. The i law was pofitive and plain, and he that raft might read ; it was . a mere private letter — an aft of courtefv in the Secretary ; it neither gave any conftruftion of the law, jaor any opinion calcu- lated to miflead the merchants. ThisJetTer was written oitthe ^ 13th of November. The Secretary's annual report for that year was read andpublilhed on the 12th December following. In that import, which Mr. R. referred to, the cafe of veffels abroad is made a fubjeft of particular notice. The merchants were then apprized as early as the middle of December, 1810, that a liberal extenfion of time for getting home their orders was a fubjeft of deliberation before Congrefsas a part of the Treafury Report. The aft of March 2d, 1811, went to admit the entry of all veflels which fhould have left England before . February 2d of that year ; and by a liberal conftruftion of that law, unavoidable detentions after clearance, luch as that which » arofe from the particular conformation of the harbor of Liver- pool, where veffels are often detained many days, received fur- ther indulgence. A vessel was admitted to entry which had left England even as late as the 2d of March, the day on which the laft fupplementary aft bn the fubjeft ©f non-iraporta.tion J passed. This then, faid Mr. R, I think another reafon why | we may fafely conclude the portion of goods aftually invefted before the 2d February, 1811, and not brdught away, were very fmall. My friend from Kentucky has tend you he found on inquiry that from 12 to 15,000,000 dollars' worth of mer- chandize was imported in a Ihort time before the non-importa- tion* aft took effeft. This could arife from nothing but the dtfire in the importers to get their orders all home. But there are other proofs that a very fmall amount of goods only could have remained in England at AnSerican rifk on the 2d of Feb- ruary, 1812. Mr. Russell fuppofcd they would form a very Vol, II. — No. 7. debates. t 98 CONGRESSIONAL REPORTER. fmall portion of the importations — be believes the grcateft por- tion was purchafcd after the revocation. There was then, he adds, great activity 411 iuvtiftments. This teftimony of Mr- Russell is i?f *lf almoft conclufive, hut there are dill other proofs. Let me call your attention, f*;d Mr. R. to the examination of the maaufa&urers from 30 manufacturing diftri&s, alrtady al- luded to by my friend from Kentucky. Among the cloth and cotton manufacturers, the . injuries, the hard ware men, the f complaint is univerfal that their (lock of warts on hand had ab- forbecl their capital, Their hands were unemployed, and their conditional orders from America, if the orders in council were revoked, would relieve them inflantly. Could this ftate of things have exifted ii the inveftruents by our merchants had been n»ade, or any confiderable part of them, before the 2d February, 1812 ? Would the Britiih government have let five-eighths of the vessels depart alter our declaration of war was known, and an embargo had been laid in conll quince of it, to let home American capital, if f he had not her equivalent bem fit, and even more ? No ; 11 is impoflible. ,1 did not note down the evidence a^it was received, faid Mr. R. to any amcr.nt/not being qualified from l>abit to do it With facility, and it was th^ Rood fortune of the Committee to have a chair- man whole qualifications were iupcrior. It \ws difficult, how- ever, to catch every thing. 1 find in the printed evidence from Baltimore, that the importations are ftated not to have exceed- ed the orders, but to have been lefs. In my notes of this evi- dence v is ftated, that many goods were paidforlir.ee tiuir ar- rival. [Here Mr. R. referred to his notes] '1 hat agents in .England, encouraged by the profpefts of a market, hadfliipped largely. This I am certain was laid, though doubtlefs fome of the gentlemen faid what is in the printed evidc nee. That thi re were large (hipments arifmg from the profpefets of a market, and that tin re was a defire in England to find one, muft have been natural. Mr. Ruflell exprtfsly Rates the revocation of the orders in council, as it is called, was not due to a regard for juflice in the Britilh council, or to an amicable temper towards America, ' but to obtain relief for their manufacturers. This fail-, taken with thai of five-eighths of the merchandize failing after war was known to txift with 3Britifl> licenfesf, as it is Hated by the . Secretary of the Trcsfury in hi> letter, is poiitive proof that ai- med all the property ftiipped was either Englifh or of Ameri- can inv< ilment, after 23d of laft June. I think, fir, faid Mr. R^ that I have made out an evidence ftrong enough, that very little of the late importations were American on the 2d of February, 1811, and indeed not even of prior date to the 23d of lall June, and much of them not till the arrival of the goods in America. The confequence is the in- veftmento, lading and! ihipping of the goods, were made at a u CONGRESSIONAL REPORTER. 99 time when the lading and fhipments were unlawful, and the in- vcftments of more than doubtful propriety— and that the peti- . tioners have utterly failed to make out their title to a rcmiffion of their bonds on this point* Jn calculating the charges it will be found, faid Mr. R. that they have predicated them on a title to two years' intertft, with extra ftorage, and other et cateras* We will now examine tfce point ef profits* In doing this, we are about to teft the credibility of the t^ftimony produced oa the part of the importers. The examination of the committee of merchants, faid Mr. Roberts, is prefaced with the remark, that " the ftatements made by them, being iren of chara&er and refjx lability, were delivered with fo much apparent fair- nefs and candor as induced the Committee to give much credit > to them. 5 ' I do not confider myfelf as having agreed to thefe expreflions. I believe I objected to them. I im fure I tho't them too ftrong at the time they were fubmitted to the Com- mittee. Further inquiry and reflexion have, if poffible, dimin- ifhed my faith in them. Mr. R. faid, he wifhed it to be recol- le6\cd, that the evidence under the different heads of the cities where the examinants rtfided, was partly a voluntary commu- nication, and partly anfwers to queitions propofed for the pur- pofe of uncovering the equity of the cafe. The wo^jhy chair- man had obferved that this evidence was the refult of a croft examination, calculated to teft its truth, and he was pleafed to give it a charadler of ftri&ntfs and ability above its merits. I did, faid Mr. R.* as one of the Committee, put many queitions to the gentlemen attending, but under the difad vantage at the commencement of a total unacquaintance with the futge&i at all times under the reftraint arifing from interrogating gentle- men of high refpe&ability on points in which their interefts op- pokd a dire£\ anfwer, and who appeared for others, the circurn- fiances of whofe cafe was more exceptionable. The Commit- tee had no authority to examine them, and it pressed no quef. tion where any delicacy was felt to anfwer. The ftatements too are made by men who out of their own ware houfes con- fessed themfclves among the leaft informed on mod fubjefts of trade of any perfon* in the cities where they refided. They are in many parts vague opinions, atid given only as fuch~however, where accuracy was attainable, they will be found unfortunate- ly erroneous. In this evidence, it fhould be remembered, the parties are interested, and while admitting the gentlemen are men of truth, what they have laid in justification of themielves ought to be taken with allowance, while all that they fhall have riifclofcd unfavorable to their interefts muft have the chara&er of high credibility. The gentlemen from New- York were heard by the Committee at their own requeft, and in the firft Irfetion of their evidence were allowed to ftate all they wifhed without interruption or interrogation — it is the fair fide of the picture. They have there fwelkd up the charges to 6© per i_« _' Jl -.. 100 CONGRESSIONAL REPORTER. cent, they have even claimed more, and I will give them ail- but it will be found, as might be expefted, tfufe calculations are made upon the assumption that the bulk of the goods were on American rifk before the 2d of February, 1811, &n assump- tion which I truft has been proved to be withbut reality. The gentlemen from New- York have not faid what the average fales have been, though they admit if the bonds be remitted they will have a handfome profit — they have made up a bill of coffe, we mtift feek for the profit elfewhere. The hard ware importers ot New York have in their affidavit fixed the average fales at 90 per ceht. on the invoice, and charged 65 as charges. Frqm this ftrike^ut the efctra charges, to wit : 2 years intercft 14 per cent and 11-2 per cent, of extra ftorage, &c. neither which charges can apply to goods purchafed, as really appears to have been generally the cafe, after the 23d of June laft, and a clear profit of 50 per cent, on the invoice price, or oa coft and charges of 32 per cent, after dedu&irtg the war duties, or 21 13 clear profit on the whole capital employed, without the advaii- 1 tage arifing from exchange— which we will prefently confiuler. We find the gentleman from Boftdn, on being afked for the amount of extra profits, in his printed evidence fays, it has been from five to ten per cent. Subiequently he appeared before the Commttt^ voluntarily, to communicate the merchants' affida- vits on your table from Bofion. Thcfe relate chiefly to piece (good importations, and they make the advances from 90 to 110 per cent. That delicacy that had induced a forbearance to in- terrogate further on the firft occafion, feemed now removed, and the queftion was submitted as to what the ordinary profits amounted to— his anlvver was, that the ordinary advance on piece goods was 50 per cent, from which take charges and peace duties 30 per ctnt. and the profit on the invoice would be 20 d<}* ^ or 15 percent, clear 'profit on invoice and charges including duties. This will be found the higheft peace profits, ordinarily , they are from five to ten per' cent. But take this calculation, as that from New York has been, moll favorably to the importers* the peace profits at 15, and the prefent advance v at 90, which is low, and the profits on the prefent fales will be .40, from which take the average war duty 17 per cent, and there remains 23 per cent, clear profits on the late importations, Jxfule advantages'^ the rate of exchange. While this calculation from the merchants' own admifitons proves the profit on themfdves,it proves moft conclufively the tcfiiniony they have offered is of little value. My friend frotn . Kentucky has ftated to you that it was admitted by the gentle- man from Baltimore before the committee, that in the-technicaf . language of trade in that city, goods fold at 250 or 300 for one hundred at the late files. The average ordinary fales are aboOt 134, which is fometiffies more than 40 per cenu*out of which aB CONGRESSIONAL REPORTER. 101 charges have been paid and the importers had their profiWak* the largeft fum, to wit, two hundred and fifty as the average ad- vice, which is 110 per cent, profit, fo that the profits are 70 per cent, more than ufuaL from which take the waNduty 17 per cent, and it leaves 53 percent, clear profit, that is, 3 per cent, more than half thebpnds, in addition to the ufual price exclufive of exchange. .Mr. R. r^ad a letter from a refpe&able merchant of the Diftrifl of Columbia confirming this admiflion of the Bal- timore committee. He hdd in his hand a letter from a mer- chant of Philadelphia, ftating that he knew an inftance of good* bonded at the invoice amount, 50,000 dollars to be fold imme- diately for 170,000 dollars or 340 per cent profit on the invoice prist, £> that the importer could pay his wholtf'bond and all charges and have 20,000 dollars profit. I know, faid Mr. R. however, th£ fales of the importers may have made it 2tf>pear otherwife. I am dating fober fa£ls. The merchant tt?Us you he does not take into the calculation of his profits the rate of ex- change, btcaufe if in a feries of 10 years it is equalized he is fatisfied — in ordinary years this is n& doubt a juft and proper rule^but ordinary rules, (aid Mr. R. do not apply to extraordin- ary cafes, fuch a cafe is the prefent, Britifh goods being inhibit- ed by law, the market had become exhaufted and exchange de- prefRd far below any thing that could happen in the ordinary courfe of trade* My friend from Kentucky hai, lhewn you, from the reports of the commiffioners^of the finkingfund,for a fe- ries of years,there i& no material variation of the rate of exchange. As foon as the non-importation tookeffedl dowriitweht to -28 l-2,and the lat^ importations from the merchants' own ftate- ment, did not raife it t0 more than 4 below psr. which make the average 18 3 4 per cent left. The importer tells you he does ' not confider this in his profit, truly, n?r does he confider the feventy percent, nett profit on all colls and charges which I have juft mentioned as anything but a proper gain — let him ajone* and you cannot cloy him >vhh per ctmtage. 1 think, fir, faid Mr. R I havefaid enough to fhewfrom the ftatements of the petition- ers that they can pay half thfeir bomjs and retain morfc than ufu- al profits. Mr- R. then adverted to the teftimony/ from New-< York given voluntarily, and remarked that the fybfequent ex- aminations were all made by the report to confirnqlthat.ftatement generally. * I will, fir, faid he take it fentence by fentence and ihew you that the pretence fet up for remiifion is Jit ither true in fa£t or fuftainable on principle, but, faid he, there is no part which merits particular notice. My friend fr^m Kentucky had ftated clearly that there was a grofs error or jnifreprelenta- tion on the fubjefi of duties* # The merchants frorti New- York fay the average of the loweft duties as calculated ^t the cuftotn houfe is 33 1.3 per cent, on prime coft. The worthy chairman has attempted to make this jnonftrous ftatement appear not .<- 102 CONGRESSIONAL REPORTER. * . / materially erroneous in the face of demonftrative evidence addu- ced by my friend from Kentucky to the contrary. He ihewed you, fir, from authority not to be controverted, that the three rates of ad valorem duties, to wit, 12' 1-2, 15 and 20 per cent* were in time of peace t(ie duties per cent, on the prime coft ; add the war duties and we have 25, SO and 40 per cent, for the duties on prime coft as calculated at the cuftom houfe, add the Mediteranean fund 2 1-2 per cent. and we have 27 1*2,32 1-2, 41 1-2 — take 4 the importations for two, three or a tries of 8 ypars as my friend from Kentucky has done, and the average of the whole duties, not the loweft as the chairman has argued, will not make 29 per cent, on prime colt or more than 33 13 on cofts and charges which laft is dutied as has been obferved by laying a duty on 6 per cent, as charges before fliipment and 10 on their arrival in the United States. Will the worthy chair- man tell us there is now no, material error ? — give the gentle- men from N. Y, their aflertion and inftead of 33 1-3 per ct. as the amount of the whole duties of every kind, tjiey would have f welled them up to 37 3-4 per ct* But this being a matter of calculation, liberality obliges us tofuppofe that tho' the worthy chairman has failed to ihew there was no material error, for an error even he admitted to exift, that error might arife from mis- take. My friend from Kentucky at leaft (lands juftified in his re- mark that the truth of the whole ftatement of the merchants from New York is thereby rendered juftly fuipicious. But they have committed errors (till lefs to be apologifed for. Ctockery, glafs ware t hard ware, filks, millinary, Sec. — mark the ct ceteras, are dnticd, fay they, at 50 per cent. The higheft ad valorem duties on prime coft and charges do not exceed 49 1-^per cent, ana the articles paying this high duty are glafs ware, black bottles, , and window glafs excepted and carriages and parts of carriages. *' This has been ftated by my friend as only the l-94th of the importations for three years past, or 3-264 parts* taking a feriesof 8 years, while in thofe periods the importations paying the loweft duties are for the firft period 75 91 and for the fecond 213,264 parts. It is not true as the cvi. denceftates, that glafs ware generally pays this high duty; as window glafs and black bottles are excepted. Hard ware, pla- ted ware, millroary and pottery wares pay in peace but 15 per cent- and with the war duties and all other charges only 38 per ct. Silk pays the loweft duty, to wit, 32 per ct. while the mer- chants aflert it pays 50 per ct. I beg you to obferve, fir, faid Mr* R. that this ftatement was repeatedly read to the N. York committee at different times, and to each of the committees from the other cities, all of which are ftated to acquiesce in their truth, among thefe, it is prefumabte there were dealers in all thefe wares. Either they have been unacquainted with fads arifing immediately out of their daily bufinefs, or they muft have formed a curiona opinion of the tribunal before whom CONGRESSIONAL REPORTER. 103 tbey ftood* )The motive of the gentlemen I have nothibg to do with, but if I have not awakened fufpicions in this commute e of the utter infufficiency of their teftimony, i have foiled lamen- tably in juftifying my own impreffions. One part of this com- m it tee, laid Mr, R, I obferve, feel irkfomc under my obfervji* tions ; to another lam thankful for their attention — lam not accu (tomed to keep the floor fo long— I hope I lhall olaim fuch indulgence feldom— this duty has been forced upon me, and I alk the patience of the committee while I perform it. The worthy chairnhan, faid Mr. R. fays th? fhipments were* made, believing it lawful, and that the evidence proves it. In that part already reviewed, I truft nothing has appeared to juftiy this aflertion. A printed paper handed to the commlttrc by the N. York gentlemen, which they faid was lianded about in England after the revocation of the orders in council, will be found in the printed evidence. I will faid Mr. R. turn to it. It confifts of the 2d feftioft of the aft of March 2d, ldll, and an extraft of * letter from Mr. Monroe to Mr. Fofter, dated July 26,1811. That in cafe G. Britain (hall fo revoke or modify her edifts, lays the aft, as that they lhall ceafe to violate the netitrtil com* merce of the U. S. the Prefident ihould declare the faft by proclamation, and that fuch proclamation ihould be evidence: and no other evidence (hould be admitted of fuch revocation or modification in any fuit or profecution, &c By an ?c\ of juft* ice rendered (iays Mr. JMonroc) to the U. States, G. Britain may fe* the non-importation aft: afide. Ceafe to violate our meutral rights by revoking your orders, in which event alone the Prefident has the power, and I am inftrufted to inform you he will cxercife it|n terminating the operation of the law. The gentleman from New York [Mr» Mirchill] fays, you put it in the power of Britain to repeal your law, and (he did it. and ad- ded, it was conciliatory and every body thinks fo — *he Prefident has laid fo. It muft be a bad caufe that could drive the acute gentleman from New-York to takb a fingle word in the meffage ufed in mere common acceptation without any technical meaning or a neceffity for precifion of language as a proof of the presid- ent's opinion on the revocation. The Prefident has faid^it is true, that*' the repeal of the Britifh orders were fufceptible of explanations meeting the views of this gov* ment % " But to make the aft of fhipment take the appearance of no intention to violate the law, not only the proclamation of the Prefident muft bedifpenfed with, but alfo thofe preliminary explanations, fpoketf of in the meffage. But Mr. Monroe tells Mr. Fofter he lifts under the Prefident'* inftruftions in Uis letter of the 26th July, 1811, in purfuance of- the law of 2d March 1811, the condition in, ceafe to violate our neutral rights by re* voking your orders, fcc, and my proclamation (hall iffue. The words of the law are " revoke*' or ** modify" *' ceafe to violate our neutral bommeree." But by the law the Prefident was tp 104 CONGRESSIONAL REPORTER. bethejudgeofthefufficieny of the revocation or modification. In the letter of Mr. Monroe, he lays to England in language of great fignificancy what I expect from you is fuch a revocation of jrour orders as they (hall no longer " violate aur neutral rights/' The drippers were then informed by the Prefident on what con- dition the proclamation would appear, and without it the ad of fhipment muft have been obvioufly to all unlawful. My wor- thy friend from Kentucky has told you the order in council of the 23d laft June w« not fuch a revocation. 'Will my friend from N.York, [Mr. Mitchill] fay that the relervation to lay them ob at pleafiire was not violation of our " neutral rights" vi- tal and flagrant ? The condition annexed of admitting their vcf- fels of war into our waters, while what had produced their in- terdiction remained uncloned for, was an aggravation of that vi- olation. For the Prefident to have iflued his proclamation un- der the circumftances of the revocation of 23d of June, would not only have been an abandonment of his own interpretation of the law? but a palpable derelidion of his duty. Can Great Brit- ain find an advocate here to juftify her m demanding as an e- quivalent for a bare a£l of juftice a furrender of our juft claims of atonement for injuries arid an acknowledgment of her right to legiflate for us ? The idea is too monstrous — too abfurd. The revocation, if there had intervened no war, could on no principle have been met as the obje£t of the non-importation a£t. This conclufioo is inevitable, and the paper faitf to have been handed about in England, like the other teftimony ofthfc irierehants, difapproves their innocence. Mr. Rufieli Rates that thoMie ad- vifed the merchants that they might make ihipments withfafe-' ty, he would not be underftood t6 fay> that-hc advifed them that if the law fhould not be repealed that they would be per- mitted to enjoy the advantages of a monopoly and the confe- quent extraordinary profits. On no ground. then can it be plead that the importers had any pretentions to a belief that the lhip-- ments would be deemed laMjftiK There faid Mr. R is another fpecies of teftimony before the committee in print and MS. puri Sorting to be affidavits and letters of merchants and dealers in Iritifh wares which it may be well to advert to. Firft there is that of the hard ware importers of New York. They lay the av- erage advance on fales at whokfale is 90 per cent, that the changes are fixty five per cent, which I have before proved, is from 15 to 1 20. per cent. | too high — their gain is, they ftate, 16 per cent, exclufive of weehange, which they fritter down as readily as they trump up charges— following this affidavit is the certificate of David Dunham, not an import, er but an audfaoneer ; ^wherein he ftates the fales have not been more than 70 or 80 per cent, advance, and fometimes they fold for lefs than, colls and charges, and he is willing to add his ; cor- poral oath if neceffary to vouch the fa6t. Then came the re- tailers, and they vouch that they have bought the: beft and fcarc- / s CONGRESSIONAL REPORTER. 10S tft articles at .75 per cent, advance, this too after the importers bad admitted th£ir advances to be 90 per cent. I would juft re- mark on the letter of Mr. Heard, that I know not whether he be interefted in the importations to an amount above 83000. " In the clofe of his letter he Rates however, that a privateer had cap- tured a (hip he was concerned in, and carried her into Rhode Wand. The fhip has been bondedf, but the privateer could not give her up. The fa£ts refpe&ing this veffel are that theap- praifers did not vaitieher/to on$ third" her amount at invoice price. There was no, way of preventing this fraud, availing the importers, but by the privateer caveating againft her releafe on bond. Let me afk, said Mr. R. with Mr. He^rd, are not thefe hard cafes ? Truly they are ; but the hardfhipisall on the fide of the nation. Hillen's letter ftates an infulated cafe, and one of the few innocent on£s, th&t can occur. As to the MSS. and ^documentary teftimony on examination it will be found, I think ; neither more confident nor more true than that we have already waded through. I think, faid Mr. R- 1 may fay withfome con- fidence, the importers have utterly failed to make out a fingle point which they affumed for iuftification. So much for the rubbifh laid Mr- R. we have at laft got a glimpse of what we have been in purfuit of. Admitting in their tullefl extent the advantage (bated by the Sec'y of theTrealury arifing to the nation from thefe importations, and even that grace fo eloquently invo- ked bv the wQrthy chairman ought not to extend further than a remiffion of dne half of the bonds. Mr. RICHARDSON rofe and faid— Mr. Chairman, after I became acquainted with the fa&s, on which the queftion now before us arises, I did entertain a hope that there would be no div'erfity of ientiment among us as to the propriety of granting the prayer of thefe petitioners in the fulleft Went. Some difference of opinion as to the mode I indeed an- ticipated,but none as to the justice of doing it. I thought,iir,that Aediftreffes which our merchants have fufFered under our re- ftridUve experiments upon foreign nations, would entitle them to our particular confideration. The meafures of the govern* Jijent have fallen with peculiar feverity upon this clafs of our Wizens. The produce of agriculture has at times commanded a .8reat, at all times a good, price. The manufatturcr has grown "ch, and other clafles of the community have enjoyed their u- foal profperity. Upon the merchant almoft exclufively has the Preffure of the times borne. I thought, fir^his circumftance would induce gentlemen to lend a favorable ear to thefe peti- tions. 106 CONGRESSIONAL REPORTER. • I alfo thought, fir, that this clafs of our citizens had claim* from its rcfpeclabiltiy to our particular attention. I will ven. ture to affirm, and I call upon all the honorable gentlemen who *reprefent them in every part of this Houfe and from all parts of j the union, to bear witnefs to the truth bf the remark, that in fair and unfpotted charader, that in honor and integrity, in activity and enterprize, that in all thofc qualities both of the head and -the heart that can adorn and dignify the nature of our fpecies, the merchants of our country are fecond to noclafe in the com- munity. It is true, fir, they have not been filent under the pressure of our meafures ; they have finned both in thought i . m word againft our reftridive lyftem— a fin, which in this houfr I fear cannot ealily be forgiven. But do gentlemen wonder that they have complained ? I put it to every honorable gentleman, whether,] if our meafures had fallen upon the yeomanry of our country with one tenth part of the fc verity with which they have t fallen upon the merchants, it wouk'< not have raifed a ftorro that neither this nor any other adminiftration could have rode out in fafety ? It is a lingular fa£t, but it is not more fingular than true, that for thefe five years laft paft, whenever we have planned any grand meafure of coercion — whenever we have col- lected any vial of uncommon wrath againft foreign nations, the contents of it have in every inftance been poured direSHy upon the heads of our own luck lefs merchants ! And is it robe thought ftrange that they fhould think our meafures a little Un- luckily directed ? Is it wonderful that they fhould doubt the policy of fome of our meafures ? They have been ftigmatiftd as a clafs of men incapable of reftraint, as habitual violators ot our laws — Sir, the charge is a grofs slander upon their chara&tr. They haVe not violated our laws. Diftrcffing as our mcafuirs j have been to them, they have fubmitted with a patience truly aftoniftung* No, fir, the regular merchants have not been the violators of oar laws. But our meafures, while they have driv- en the fair and honorable merchant from his accuftomed irack 1 , and have dried up the fountains of his wealth, have raifed up a fctof men, the rank produce of troubled times, who were not regular merchants before, and who againft our laws and in fpitf ofaur laws have carried on trade anct have grown. rich on the ruins of the honeft merchant. Thefe are the men who have vio]ated your laws. The ftate of things which our meafures have produced has been a fohool admirably adapted to teach the art ot violating our laws. If there were no other evil refultiitf from the reftrictiv* fyftem than the tendency it has had to cor- rupt the public morals in this particular, and to invite men to become the pupib^of fmugglin?, that alone ought to ftamp its memory with execration. Truft me* fir, in the enforcement of your revenue laws hereafter you will be taught to feel the full force of this remark. Let me then implore gentlemen to W CONGRESSIONAL REPOETER. 107 fide their ill-founded prejudices againft merchants, and not to *y to their charge fins of which they hare not been guilty. I mplore them to decide tljis new, this Angular, this important Lueftion without prejudice and without partiality. 1 do not propose to examine minutely the testimony which has teen laid before us* I do not, sir, propose to follow gentlemen krough the long and labored eourse of reasoning by which this ^solution is attempted to be supported. I only propose to eon* iider some of the more prominent remarks which gentlemen bare made in favor of it, and to state some of the reasons which in- luccd me to oppose it. The gentleman from Kentucky (Mr. Johnson) has remarked that this question derives all its importance froi the amount or property involved in the decision. Sir, Iamolp very different Opinion. That it derives some importance from that considera- tion, 1 admit; but not all its importance. It is lot unimportant (hat the decision of this Hquse in every ease, bewever small the amount of property involved, should be correct.! It is important that justice should be done to every class of etizens, however few in number, or humble in situation. But, sj, the merchants, are a great and powerful class of our citizens ; tpd if we should, do what may seem to them to be injustice, it rasr in the present crisis of pur affairs draw after it consequences npre serious, thai* gentlemen may apprehend. The question deoves much of ita importance from the respectability of the petitioners. The gentleman from Kentucky (Mr. Johnsoi) says, that those who agree with the majority of the Commifee of' Ways and Means on this subject, wish to refer these petitions to the Secre- tary of the Treasury, because they agree witl/ him in opinion*. This, sir, is candid. I will endeavor ^to be equally candid ; and de- clare freely that the very reason why I wish rot to refer them to him is, because I do not agree with him in ojinion. It is also asked, do we doubt the competency of the Se^y of the Treasury ? Rave we not confidence in that high and respectable officer ? II I am asked the question generally, whether I halve confidence in the talents and integrity of that officer, I freely answer, yes; but if asked as to my confidence in his deeision in th|s particular case, I K freely answer, no, I have not. I think hi* views, so far as I D understand tjbem from his letter to the chairman oi the Com- mittee of ways and means, are very incorrect. - i It is said, there ought to be a distinction between property pur* 'ehased in England before the 2d of February, 1811, and property purchased since that time, and shipped to, this country : and that *e cannot go into an enquiry that will enable us to make this distinction. Sir, I deny that any such distinction ought to be Hade. The only distinction we ought to make, should be be- tween bona fide American, and British property. Perhaps this distinction cannot be made. I wish it could, and trust it may be* / 108* CONGRESSIONAL REPORTER, But suppose it [cannot ; ought we, sir, to condemn America! property because a litt\e English property happens to be mingled with it ? It is said to b* hetoer that ten guilty persons shdtild es- cape punishment, than tjiatone innocent person should suffer. If we enforce the payment of these bonds, we shall punish aacldis-! tress a hundred innocent American citizens, in order to reach on| English subject* I Another reason urgel why we should enforce the payment of \ j portion of thess bonds, is, that the merchants have mad* unusual profits in the lite importations. If. they ha vie made large pi ofits, sir I rejoice ai it. I rejoice that fortune should have broken through the chuds that have so long hung over their affairs, and in one solitary nstancehave shone pleasantly upon them. I trust that Providence will bless them in the enjoyment of their profits; and as it hag eroblcd J;hem to rescue, their property from the hands of our eremies, that it will also enable them to preserve it from the hungry jaws of our treasury. Forbid it, the dignity of this house, forUd itj the respect which we owe to ourselves, that , we should lay (Ur hands upon it ! I have no disposition to entor \ into this retrospctive partnership with oui* merchants, in order to share the proits without the losses of trade. It would be to I the governments my apprehension, a partnership equally disr | graceful and ruhous. . ' I It is said,if werelinquish these bonds,we must tax the yeoman- , ry of our country Sir, I had feared that this consideration might have an influeneeon this decision. But I did not expect to hear it openly avowed. I had supposed that if any honorable gentle- man should be clarged with being under the influence of this. motive, he would repel the insinuation with indignation; but I, was mistaken, it sterns. Perhaps the motive is a legitimate one. j| Self-preservation i» the first law of nature. The merchants have been accustomed ti suffer. Adversity is said to be the tamer 01 the human breast. Jfcrhaps they may now submit quietly to in- jury and injustice. But it is not quite clear that the yeoman- ry will submit quietly to taxation. The experiment is yet to be made, whethter we ran safely put our hands directly into the pock- ets of the people and ^ake their money. J might conjure up a * « Spirit" among them that « would push us from our seats:' Jt is also said to ife due to the nonimportation act that *• should enforce the payment of these bonds. Indeed, sir, ami is the non-importation tict to be made the object of religious hota> f age ? Are we to erect Altars and offer sacrifices to it. And are ., those altars to be sprinkled with the blood of the merchants? Sir, gentlemen are mistaken! They inay devote this House to the worship of the non-importation act, and they may here sing "5 high praises, but trust lie, sir, those praises will not be re-ecfl* ed by the approving voice of the people. There is a deep and .a*™ mermur running along your seaboard, from^pne dxtreffiitj or tn - CONGRESSIONAL REPORTED . 109 ■( sontinent to the other — constant as the dashing waves of the o- eean upon your shores* If the people must sacrifice to this idol, It will be, sir, not as t)ie guardian power of their national rights, but as to*a dark malignant demon, jthat mixes with our policy, to weaken and paralize and palsy and ruin and destroy all our energies, to distract and divide the people* to weaken their con- fidence in their government, and in fine, sir to sink our nation from a height of prosperity and happiness that was the envy, te an abyss of misery and wretchedness, that will excite the, com- passion, of all other nations. I implore gentlemen no linger to look to this miserable policy, but to trust tq the strong apm of our soldiery and the prowess of our navy, for the defence of our rights. Unshackle commerce/ and by the cherishing and pro* tect ing her, enlist her under your banners. Unharness from your war-ear this wretched,worn out, limping pack-horse, the no»-ina- ; portation act ; Do this, sir, and my life updn it, you will no long* * er see your armies wanderitfg sa«J and disgusted, with the slow aud Boleqm pace of a funeral procession, among the dismal wilds of your northern frontier, with defeat by their side and the peo- ple following mournful and reluetant in their rear. Do this, and the wings or your eagle will no longer flag, nor . " Quencftd in dark clouds of slumber lie «*' The terrors of his leuk 9 Hhe lightenings of his eye. 9 ' ^ The people will fight for their rights, but depend upon it, sir, they will not fight to enforce your restrictive system* But it? gentlemen are still disposed to sing the praises of this system, for f heaven's sake ; let them adopt a new tune. We have lately b^eo furnished with one finely adapted to the occasion— for the rest of this session at least let the tune be " The last annual report of the Secretary of the Treasury" ! and the vaults of your treasury will be found in admirable condition to re-echo the inspiring sounds to the ears o£your enemy. ' / ' It is said these importations are injurious to the country, ex- | cept so. far as they bring duties into the Treasury. This position is founded on a train of reasoning that ought to be not a little\$- larming to the commercial sections of the Union. It is bottomed •n-Yhe idea that commerce is an injury to the country ; that we | can do better without it, ancf live, as it is called, independently ! I I am not vory Well versed in the forms of the school in which ■ these doctrines are taught and shall nitattejppt to go through the detail of the system, but shall con£R*inyself with entering a strong and decided protest against such doctrines as hostile to the best interests of this country* But, sir, the people will be muph puzzled, I fancy, to sec how if these importations have been in other respects injurious, any advantage has been derived from u their being compelled to pay five millions of dollars in duties upon r them. This is a political riddle, the meaning of which is " un- seen invisible; inserutible," to every body out of this House, but to all-within it is plain as the nose on a man's face, or a weather* v 110 - CONGRESSIONAL REPORTER. cock on a steeple. — It enables us to take from the pockets of the people and place in the Treasury at our disposal fire millions of dollars without discomposing a single feature in the countenance of that niee and delicate lady-— our popularity with our constitu- ents. But is it not astonishing, sir, that gentlemen should not see that commerce at all tithes possesses this magie ? That it is at all times to the government emphatically the philosopher's stone, converting every thing into gold ? Do not gentlemen remember that when commerce war permitted unmolested, to cultivate the ocean, she returned to our Treasury an annual harvest, rich and abundant as the crop that was gathered from our hills and our tallies? And that plenty was in our dwellings, and gladness in our hearts? And do they not see y since our restrictive system, like a frosf , a bitter biting frost, passed over her dominions, chill- ing all her hopes and blasting all her prospects, that she no lon- ger yields her accustomed tribute, and that our Treasury shares in all her distresses ? The gentleman from Pennsylvania (Mr. Roberts) has remark- ed that these petitioners stand before us confessedly guilty ; thai they sue not for grace, but for pardon. And arc' we sitting here, sir, clothed with one of the highest attributes of sovereignty, net to grant freely, tat to sell, qgrdon to the humble guilty suppli- cant ? Is there a price in thisHouse for the pardon of crime* J The merchants are guilty. Of what, sir? Or bringing into our country twenty millions of capital ? Of rescuing 20 millions from the hand otour enemies ? Of bringing five millions into oar exhausted treasury? If these things be crimes, let us forgive freely ; in the name of Heaven, let us not disgrace ourselves ana the nation by setting pardon for such offences. I was at first struck with the peculiar manner in which the gentleman fro» Pennsylvania expressed himself* They sue not for grace, but for p&rdon. I was at a loss to comprehend his precise meaning ; &* I had always thought that pardon wa^s an a(ct of grace. But I find the honorable gentleman thinks differently, and understands pardon not to be a matter of grace, but an article of sale. He ij willing' to grant these merchants a pardon, provided they will give all their profits as the price of it. It is with extreme regret, that I heard the gentleman frew Pennsylvania remark that tbis was a question between the mer- chants and the other classes of the community ; because if*" 6 question is .understood to bersuch by this House generally Iftw the case of these petitioners is a desperate one. I begin to p* r- eeivfe that merelpnts are no favorites here. If the other classes of the commnhliy are understood to have an adverse interest, they must expect no favor from this quarter. I fear, sir, they a w not certain to obtain bare justice. ., .. The honorable gentleman from Pennsylvania says* ^ cse ^ n f l* chant* have no equitable claims, beeause a grqat part of tft^ goods imported have been purchased since the repeal of the #*' * CONGRESSIONAL REPORTER. ill der* hi couneil. Sir, I apprehend the gentleman is mistaken, both iff the fact, and in the conclusion be draws from it. In or- der to establish his fact, the gentleman begins by attacking tho testimony which has been laid before us* He complains that the witnesses were examined before the Committee of Ways mid Means,. by the chairman of that committee, vtath great ability, and all the facts that couldvbe favorable to the petitioners drawn out ; while the. cross examination was not sufficiently minute to draw out the facts that might be unfavorable to the petitioners. He also says, he was not disposed to give the witnesses muoh credit, either for their candor or fairness ; and that he bad not much confidence in their testimony. Sir, it will be recollected that the gentleman himself is one of the majority of the Commit- tee of tVays and Means, who made this report ; and that its lan- guage must be considered as emphatically the language of the gentleman himself. It will be also remembered, that the report was made before debate had excited any sensibility on this sub- ject. And what is the language of that report ? Wliy that the statements were made by the gentlemen who were examined appar- ently with so much sandor and fairness as indeed the, committee to give much credit to them* Mow, sir, I submit it, whether the honorable gentleman is to be heatd to eontradict his own report ? What do the witnesses say ? Tlfe Committee from New-York state expressly, that the great mass of purchases were made be- fore the 2d February, 1811, and their testimony is confirmed by . all the other witnesses. The gentleman , says that the purchase* made before the 2d November, 1811, could not have amounted to any considerable quantity : because our importations from Great Britain in the foil of 1810 were very large. It ought to be recol- lected that the former Non-Importation Act expired in May, 1810, that our exports to Great Britain from the first day of Oc- tober, 1^09, to the 30th of September, 1810, amounted to more than twenty millions of dollars, that our exports to Spain and Portugal sin the same period amounted to more than eleven mil- lions, and that at lfeostthree fourths of our exports to Spain and Portugal were returned in bills drawn upon England— is it to bo wondered then that our importations from England in the fall Mod winter of 1810 were large ? Does the gentleman believe that all our exports were returned in those importations ? It is knpos- liblc. But to prove that most of the goods lately imported were purchased since the repeal of the orders in council, the gentle- man adduces the testimony of the English merchants and manu- facturers. It is worthy of remark that he expresses no doubt as to the fairness and candor of their statements, and thus he seems to have full confidence in their testimony. But what do they say 2 Why, that they had conditional orders for the ship- ment of goods. Grant that they had, and that all these goods were shipped in consequence of such orders. How can that cir- cumstance alteMhe equity of the ease, when it i* well know** t * 112 CONGRESSIONAL REPORTER. 1hat the funds which were to pay for those goods were already in England, and could be v^hdrawn in no other way than by these importations. In my apprehension it makes no difference in the equity of this case whether the goods were purchased be- fo»e the 2d of February, 1811, or between that tirn^ and the re- peal of the orders in council, or since the repeal of those, orders. 'When the merchants show me that these goods were purchased in consequence of orders given previous to the declaration of war, and were paid for by funds already in England, they shew roe a case with the equity of which I am perfectly satisfied. But I shall say more of this hereafter. I am opposed to this resolution for various reasons. The President in his message has Tecoramemled this subject to our copsideration. The case is before us. The facts are understood. We are competent to decide. It is in our power to do speedy justice, and it is a good objection to this resolution, that there is no reason why we should adopt it. What are the simple facts before us ? On the second day of Feb, 1811, an act prohibiting the importation of British goods into this country, went into op- eration. The obj *t of the law was by distressing the manufac- tures of Great Britain to compel her to relinquish her ofrders in council. It is to be presumed that our government had full faith in the efficacy of this measurer: and it was repeatedly and ex- presily declared, that whenever the orders in council should be repealed, the non-ipaportation act should cease to operate. I pre- sume it will not be held to be a crime in our merchants to jiave hoped that the non-importation act would answer its object and that the orders in council would at some time be repealed. Npr will they be deemed criminal in believing the declarations of Our government, that when the orders in council should be repealed, the non-importation act should be suspended. They did so hope, they did so believe, apd in the ordinary couiise of commeree went on to purchase English goods, and to yest their property in funds ready to purchase English goodsj giving their agents directions to ship the goods as soon as it might be lawful so to do. To what amount the prpperty of our merchants might have accu- mulated in England at the time the orders in council were re- pealed cannot be afcertained probably with much precifion. Some ettimate may however be formed from the amount of our exports to that country since the non-importation act went into operation. The amount of exports to Great-Britain from Oc- tober 1, 1810, to Sept. 30, 181 I , was # 820,308,211 , Our exports to Spain and Porfhgal during the fame period amounted to $18,266,4^6. It is calculated that at lead three fourths of our exporfl to Sjain and Portugal ^vere returned in bills drawn on England i we may there- tore add on this account 13,699,848 34,008,059 CONGRESSIONAL REPORTER. lp But ourexports are eftimated by the value of the articles in our own ports and m&ft amount to con- fiderable more in a toriegn market I am inform- ed by mercantile men of great refpefitability that the freight, infurance and otter charges of trans- portation at a very moderate calculation muft a- mount to at lead 20 per ct. upon the value here* We may. therefore add that account 6,801,611 i ■ ; Total 840,809,670 . FromthelaftofO&.1810to the 2d of Feb. 1811, there was no nonimportation a$tin force. But if we may fuppofe that our exports to Spain, Portugal and England from O&pb'er % 1811 to April 5, 1812, (when the laft embargo was laid) a- mounted to as much as they did from Oft. 1, 1810, to Feb. 2 f 1811,and it is believed they did to more,we may fafely calculate that our merchants have fent to England property to the amount of forty millions of dollars, at leaft fince the 2d February 1811. On the 23d June 1812, the orders in council were; revoked. The queftion then arofe among the agents of ,the merchants whether they might in purfuarfce of their orders lawfully (hip goods to this country. In makmgtup an opinion upon this ques- tion they did not rely upon their own views of our laws ; they applied to Mr. Ruffell* the agent of this government, for advice* Mr. RuflHl gave it as his opinion, that (nipments might be made with-Cafety. They accordinglylhipped large quantities of goods to^his country. The goods arrived and were feized by govern- ment for violating the non- importation a£t. Thefe are the naked fa£ts,and they prefent to our confideration a queftion as novel as it is important. Shall we confifcate these goods ? Or in other words lnall we enforce the payment of thefe bonds ? There is a Principle in the maritime juriiprudence of England, and I be- lieve of all other nations, which feems to me to bfc applicable to this cafe. In order to illuftrate it, I will fuppofe that foqneof thefe goods were feized and labelled by the government on the ground that they were found in a trade between this couotry and * England after a declaration of war. If upon trial the govern- ment would (hew that they were (hipped on account of an A- , merican merchant aljter war was declared ; by a well fettled rule of the law of nations they would prima facte be liable to com- damnation. But if the importer could (hew that the goodswere (hipped in confequence of orders given before the declaration of war, and that it had not been in his power to countermand the fliipment, itf would be a good defence and the goods muft be cleared. The principle of this defence rtfts upon the innocenqe of the importer. So in the cafe before us, thefe petitioners (hew themfelves to be entirely innocent. Thefe goods were (hip- ped to this country in confequence of orders that were innocent* Vol, II.— No, 8. debates. 114 CONGRESSIONAL REPORTER. ly given ; they were (hipped without the knowledge or content of our merchants. And can any body fay they are guilty of a wilful violation of the non-importation aft and (hall forfeit their' goods ?|No guilt can be imputed to them unlefs you impute the guilt of their agents.^ I think you are eftopped to do that* Be- caufe the fame rule that would make them liable for^ the doings of their agent, ought to make us liable for the doings of our agent. If the agents of thofe importers have violated the ndn- importation a£t, our agent Mr. Ruffdl has been at lead an accef. fary before the fa£l. I a ? n therefore clearly of opinion that we ought inftantly to cancel all bonds, that have been given for pro- perty bona Sde American* 1 think both juftice and equity re- quire it. It feems to be admitted, on all hands, that the bonds given for goods purchafed before the 2d February, 1811, ought to be re- mitted. I apprehend it can be demonftrated th^t bonds given for the goods purchaled since the repeal of the orders in council, with funds already in England, are, in principle, equally entitled to remiffion. Why are bonds in the firft clafs of cafes entitled to remiffion ? If I underftand gentlemen, it is becauie the goods %ere innocently purchafed, the oVders for their fhipment were imiotent, and they were imported through' an innocent miftake of the law. The principle refts upon the entire innocency ofthe importers. The truth is, fir, the fa6is in this clafs of cafes are too plain and fimple .to be mifimderftood, nd the juftice of the claim too^ powerful to be refiftexl. For fuch is the nature ofthe l?uman mind, that prejudice itfelf cannot prevail againft juftice, unlefs the cohteft bp in the dark. I will now endeavor to fhow that in principlethere is no difference between thefe two claffesof cafes. Thfc joon-importation att forbade all perfons to import, or put on board any lhip with interit to import from Great Brit- ain X6 this country any goods, wares or merchandize whatever. In all other refpe&s, it left the commerce ofthe country free and > w unfhackled. Our merchants were at liberty to export the fur- plus produce of the country to any part ©f the world, and,' to riif- pofe of it as they pleafed. They had a right to receive for that produce bills of exchange upon England, or fpecie ; and when they received fpecie, they had a right to bring it into this coun- try, and hete purchafe bilte of exchange upon England with it, or remit the fpecie itfelf to England. Indeed they were in fome meafure forced to place their fifnds in Eng- land, or abandon commerce altogether. It is hnpoffible any man fhould be fo wild and vifionary in his politics, as to fuppofe that the whole furplus produce of this country could be carried tQ a foreign market and there fold for fpecie. To confine our pro- duce to fuch a fale* would be in fome meafure to deny it a mar- ket, and it muft inevitably rdt in our ware-houfes and thereby diftrefs our own country ten times as much as the moft en* thufiaftic votary of the non-importation a£t could hope that aft would diftrefs G. Britain* Individuals not engaged in our ex- • ._> CONGRESSIONAL REPORTER. 115 V i port trade h^d a risht alfo to veft their money in bills of exchange upon England, or remit their money to England in any manner they pleafeQ. And* in doing all this, they finned neither againft the letter nor the fpirit of the non-importation a£t, but innocent- ly purfued the ordinary courfs of trade. It is true that thofe who have purchafed goods, fince the repeal of the orders in council, with funds already in England, might have fcnt thofe funds there within intent ultimately to purchafe Britifh goods ; but they cannot be charged with an intent even to purchafe, till it taigfat, be lawful to fhip goods to this country. . The object of the non* importation law wai to diftrefs the manufacturers of G. Britain and thereby compel a repeal of the ^orders in council. Surely the fimple a£t of placing fijnds in England had no tendency to counteract, bfct rather to aid that objeCt- For if the manufaCt- \ urers were really diftreffed, to know that the tunds were ready in the country to purchafe their goods, and relieve them, and that a pertinacious adherence of their own government to the orders in couricil was the only caufe why their goods were not inftantly purchafed, woufyl tend to increafe their clamor and difc6ntcnt, and in faCt to .aggravate their , diftrefs. I there- fore confide r the pofition as incontrovertible, that it was as in - nocent an aCi to place funds io England after the 2d Feb. 181 1, as it was to purchafe goods before that time. The orders given by the merchants te their agents were in fubftance the fame in bothelaffesofcaies. The goods purchased before Feb 2d 1811 f were ordered to be fhipped as fooq as it might be lawful fo to do. The funds were ordered to be veiled in goods, and thofe foods lent to this country as fooijas it might be lawful fo to do. t only refrains to be fhown that goods parchafed after the re- peal of the orders in council, might be as innocenUy fhipped to this country as goods purchaled before the 2d Feb. 1811. To purchafe goods in England was not prohibited by the ion-im- portation aft,though it was not made penal to purchafe 'Brailh gopds in this country, knowing them liable to be feized under that a&. Thofe, therefore, who purchafed goods after the t e- peal of the orders in council, did not thereby violate any law of this country, To have purchafed before the repeal of those or- ders, and while the non-importation aCt was in operation, might be thought to have a tendency to counteract' the objeCt of that aCt, by relieving Britifh manufacturers. But furely after tbe orders in council were repealed, and the only avowed Object of the non-importation act. obtained, an American merchant might very rnnoceritly fuppofe that he did not by purchasing Englifh goods, do anaCt that had any tendency whatever to counteract thevieysof his own government. I think I may fafely affirm, then, that thefe goods, were innocently purchafed. Where then is the difference in the two elaflfes of cafes with regard to the lhipment of the goods I I fee none. Both wereihipped under an idea that it was lawful to fhip goods to this country r 116 CONGRESSIONAL REPORTER* both were (hipped with the advice and confent of Mr. Ruffell ; both were (hipped againftthe letter of the la w, and under the fame mifapprehension of the law. How then is the importer in the one cafe innocent, and in the other not ? It cannotbe — there is in principle no diftin&ion between them. I will now proceed to compare the cafet>f goods purchafed be- % tween Feb. 2, 1811, and June 23, 1&12, with that of goods pur- 1 'chafed previous to Feb. 2, 181 L The only difference between • this clafs of cafes and that of goods purchafed after June 2S 1812 is in the single circumftance of the time of purchafe- ; and the fame remarks which have been applied to that clafs of goods, are in all other refpedls applicable to this. The qudtion is, ought that' circumftance to make a difference ? it may be admit- ted, that to purchafe goods in England after the nonimportation \ a£\ came ^n to operation, and btfore the. orders in council were repealed, had in fome degree a tendency/ to counteract the views , of this government. But, fir, 1 hold it to be a plain and obvi- ous maxim, that in a free Rate no citizen is bound to take no- tice of the views and policy of the government, any farther than thofc views and that policy are clearly aud plainly exprefled in the laws of the land* To punifh a man for an a& done not contra* ry to law, but to the fuppoled views and policy of the govern- ment, would be the very eiTence of tyranny. To the laws, and the laws only, are our citizens to look fo^ our policy ; fo far as the laws go,fo far are they bound to obey, but no farther. A- dopt any other rule, and we have fought in v/un — in vain have we bled for fteedom-r-our government is essentially tyrannical. What could our citizens find in our laws on this fubjea: ? Why fir, they could find, that it was, unlawful to import from G. B. to the U. S. any goods, wares, or merchandize whatever ; that it was unlawful to Ihip them with an intent to import them into the United States; and that it was unlawful to, purchafe in this country any goods, wares and merchandize imported into this country contrary to law, knowing them to be fo imported. This is all they could find. They found no other prohibition againft the purchafe of goods in England with an intent to (hip them to this country as foon as it might be lawful to (hip them. .They were not,tberefore,bound to take notice that fuch an a&would re* motely tend to thwart the views of this government. THis is the only circumftance that can make any difference in principle between this clafs of cafes and the other two. Unlefs then a rule, which is in itfelf moft tyrannical and oppreffive, is to be ap- applied to thisclafs, I may fafely conclude that the three clafses are in principle fubftantially the fame, and that unlets we are falfe to our own principles, if we remit in one cafe we ftiall remit in all. v m » With regard to bonds given for merchandize (hipped entirely on Britifh account, I fay nothing, I ftand v not here the advo- cate of any Briton ; I plead only the caufc of the honeft Amen* < »> "\ !' CONGRESSIONAL REPORTER. 117 can merchant* DoSvith the fubje&s of Great Britain as you pleafc ; but fpare, I implore you; tpare, your own citizens* Good policy, in my opinion, requires that we fhould freely re, mit in all cafes that are bona fide American. The merchants are a powerful clafs of the community , ahd ought at this crifis to be conciliated. At leaft we ought not to irritate them by reading to:: them the bloody book of the law in the bitter letter* Depend upon it, fir, our decifion will be confidered as evidence of our difpofition towards commerce. Thefe petitioners are comparatively few in number, but the merchants will confider it as a common cafafe. Thefe importers have placed an honorable confidence in the juftice of their government. They refufed the aid, which opr pri- vateers offered, to enable them to evade our laws ; confeious of their uprightnefs, they have openly, and in the face of day, bro't thefe goods into the country and placed them in our hands, tr lift- ing that their own goverument would not rob them of goods, which even an enemy had fpared. Sir, it would be difgracefui to betray a confidence fo honorably and freely placed in us. But if gentleman ftili think that we want money ; that we ought to enforce the payment of thefe bonds, becaufe we have the power to do it, I have only to beg them to remember, that it is excel- lent to have a giant's strength, but it is tyrannous to use it Hie a giant. \ Monday 9 December 7. Mr. M'KIM said, I beg the indulgence of the committee while I offer a few observations on the subject under consideration. I would not have troubled the committee with any remarks on a subject that has already been fully and ably discussed, did I not see principles contended for that, in my Judgment must lead to an erroneous' decision. Under these impressions, I deem it a du- ty I owe my constituents not to suffer a question to bo taken in which their interests are so deeply concerned, without presenting my views to the committee. Mr. Chairman, in considering the question immtdiate&y before the committee— whether we will adopt the report of the commit- tee of Ways and Means, and refer the petitioners back to the Secretary of the Treasury — the whole merits of the petition is brought into view ; and another question is presented to the mind, naitiely whether, under all the eircumstanees of the case, the petitioners have committed such an offence against the laws as will authorise an exaction of the penalties ? and to this point my observations, will principally be directed. Mr. Chairman, in the view I take of the subject, I discard all calculations on the profits of the petitioners, as having no bearing on the question to be decided. The profits go with the ownership of the goods that produce them j aad whether the profits were ' ■ - - 118 CONGRESSIONAL REPORTER. great or small, it can have- no effect in deciding a question of right between an individual and i he. government. It has, indeed, been intimated, that the- extraordinary profits made by the peti- tioners on these goods, accrued from the existence of the non- importation law, which precluded any seriow competition in the market ; and therefore it Is reasonable that the petitioner should yield up to the government the extraordinary profits, so acerui^. Mr* Chairman, this does not apjter to me a correct view of the subject. The law was not passed ior the benefit of the petition- ers, but for the pnUie good ; and if individuals have accidentally derived an extraordinary profit from the existence of a law, passed for the public good, they are entitled to hold it. But the rule, to he good, must work both ways. If it be just to take from the petitioners the increased profits that have accrued frorn the ex- istence of one restrictive law, thoa it will be just to indemnify ibem for losses sustained by the operation of other restrictive laws ; and in this view of the subject, the balance will be largely against the government. I cannot decide this question by the eompting-house principle of profit and loss ; but by the principles of justice and of national policy, it must be all or nothing— there must jbe a forfeiture or a release. Mr. Chairman, the petitioners come before Congress as viola- tors of the law ; they confess that they have imported goods that were prohibited by law ; and unless circumstances can be shewn that will bear their case out of the general principle, the penal- ties of the law must bo inflicted— 1 am npt prepared to pass an act of graee in their favor, if they be guilty* But if they have incurred penalties without guilt, f am ready, as far as my rote will go, to relieve them. What, then, were the circumstances under which the petitioners imported these goods ? and what were the motives that induced them to import goods prohibited by law 2 ]VJr. Chairman, I will answer this question by a concise history of the transaction r The petitioners had their property in Eng- land to a large amount— to an amount that in many instances, if lost, would he ruinous to them— a war with England was con- fidently expected to be on the point of breaking out. They saw their property in danger of confiscation if it remained in the ene- my's country ; and if not confiscated, that it must remain there during the period of the war — In either case they could see no- thing but ruin. And if they brought their property home in the face of the law, it could not be worse with them — it eotild only be ruin. In this difficulty and choice of dangers, the property was shipped ; the petitioners chose rather to rely on their own government for favor and indulgence than on the enemy. These goods had been ordered upwards of two years ago ; and remit- tances made, in payment of a large portion of them, when it was lawful to order, and to pay for goods in that country : but they CONGRESSIONAL * * 119 r«". were prevented from getting them home by thCfton-importation act. Qn the 23d of June Fast, the British orders in council were revoked j and it was generally understood that the non-importa- tion act would cease with sueh revocation. The case was press- ing with the petitioners ; the apprehension of war was great; and the agents of the petitioners in England, without waiting to know whether the revocation of the orders in council was satisfactory to this government, shipped the" goods ; but, before they arrived, war had intervened ; the non-importation act was not repealed, and the goods were seized on their arrival in this country* Mr. Chairman, these goods, while in England, were in the hands of agents thefre, and subject to their disposal ; they were out of the power and control off*the American owners. The owners had no agency in giving them that direction that wrought the forfeiture contended for ; on the contrary 1 , the American owners {the petitioners J did every thing that was in thei* power 1o prevent a violation of the law. Their uniform instructions to their agents were, not to ship their goods to this country while the orders in council remained in force ; for, as 1 have already said, it \t as understood that the non-importation law would cease with th# revocation^ these orders. v In addition to the testimony referred to by the committee in their report, going to prove the respect for the laws, that governed the conduct of the petitioner* in this transaction, I beg leave to read, from a report of the ex- aminations in parliament on the subject of the orders in council, sundry letters from American merchants, all which forbid, the shipment of their goods, until the orders in f ouncil were repeal- ed. These letters, written without .any view to have a bearing on the question before this committee, brought foward in another country, and for another purpose, is evidence of a high charac- ter ; and so far as it goes, tends to acquit the petitioners of any intention to introduce these goods in violation of the laws of tljeir eountry. Mr. Chairman, these goods were not attempted to be smuggled into the country ; no, they eame boldly, in confidence that the prohibition of British manufactures had ceased with the revoca- tion of the orders in council j and \n confidence, that if the pro- hibition had not, by any formal act, been repealed, their goods, fleeing from the grasp of the enemy, would not be confiscated on entering their own country. Was it a crime for the petitioners thus to withdraw their property, on the eve of a war, from the enemy's country, where it was in such danger of being lost to the owners ; where it might have been employed by the enemy to carry on a war against us ; and to place it in their own country, whereat has yielded a handsome re Venue to the government ; and where it may otherwise be usefully employed for the benefit of the nation ? Surely this was not a crime. And I would ask, is there an honorable gentleman in this House, ^hat would not have 120 CONGRESSIONAL REPORTER, pursped the same coarse, under similar circumstances 7 and shall ve punish others for what we, under similar circumstances, would hare thought it right to hare done ? I hope not* There is in the whole of this transaction a want of that intention to com- mit a crime that is essential to the very nature of guilt ; and "without guilt, I hope the Amcricau government will not set the example of insisting punishment. It is the intention, or. motion that marks the character of an act ; and not the act itself. If I break into a bouse with intention to commit a crime (say warder or robbery J the very act of breaking into the If ouse is a crime punishable by the laws, although the murder or robbery was not committed. But if the house, be on fire, and I break in for ths purpose of saying the family, or to prevent the spread of that destructive element, it will be no erime : no punishment will bo inflicted; because there was no intention to do a criminal act. And the petitioners appear before this committee under circumstance! equally free from guilt, and equally entitled to be exempt from punishment. Mr. Chairman — It is true {hat the letter of the law has been broken, goods have been brought into the country contrary to its provisions ; but under such circumstances of necessity, such ap- prehensions of ruin to the owners, if they were not brought ; and with such purity of intention on their part, as ought, in my opifl- fo», to avoid the penalties. The case of the American ship Hori- zon will be remembered. At a time when British manufactures were prohibited in France, this ship, laden with British manufac- tures, was thrown on the coast of France by an act of Prori- denee — where the vessel and cargo were confiscated, under the prohibitory decree. Gentlemen will remember, the universal in- * dignation that was excited by this inhuman act. It is true, that the goods were not brought into this country by an act of Provi- dence ; but the owners generally had 4s little agency in bringing them in, as the owners of the Horizon had in casting that ship on the coast of France. I hope the American government will not sanction a procedure so nearly assimilated to one, on which we have bestowed so mugh censure. Mr. Chairman — I ask, what is there in this transaction that •will warrant a forfeiture of the petitioners' property, thtte hro't into the country, notwithstanding the non-importation law was not repealed? The whole of the business was transacted by agents in England, over whose acts the American owners could have no control. No fraud was intended, no crime was commit- ted, no injury was done to the public or to individuals^— both were benefited. But the law was broken : How ? By the entry into oar ports of goods, •American property, drawn from the enemy's conn- try on the eve of war, under apprehensions of seizure, and fleeing as it were from the grasp of the enemy. These goods, if they had fremahied in the enemy's country, might have been turned against CONGRESSIONAL REPORTER. 121 us, they might have been converted iota a meaiis of carrying on the war. They have been brought home, and have yielded a target sum to the revenue ; and otherwise liave contributed to the con- venience and resources of the public and of individuals ; and shall property brought into the country, under circumstances of such necessity, and apprehension of danger, be forfeited ? I hope not. I hope the representatives of a free people will never sanction a procedure so cruel, not to say unjust. Mr. Chairman — It may be asked, what objection can there be to a reference of this case to the Secretary of the Treasury, un- der the existing law empowering him to mitigate fines, penalties, e and forfeitures, as proposed by the Committee of Ways and Means'} Although I have the highest respect for the honorable Secreta- ry, and ho gentleman, I am sure, has greater confidence in his in- tegrity and talents than 1 have, yet as he has declined to aet in the business, and the petitioners have thought proper to bring their case before Congress, 1^ for one, am not willing to turn a deaf ear to their complaint, and refer them back to the Secreta- ry or. to any other tribunal. lam disposed to decide on their case. * I do nottthink it wise or compatible with the principles of our eiyil institutions to leave cases of sueh magnitude to the de- cision of one man, however wise, capable and virtuous he may be — he may err — a degree of imperfection attaches to human na- ture in its best and most improved state. In mdst of the states, it has been thought expedient to limit the sum on which an in- dividual might legally decide, to a mere trifle. Few, if uny of the states, suffer the amount of one hundred dollars to be decided on, without a jury of twelve men ; and will this committee, in a case amounting to twenty millions of dollars, and involving the fate of an entire class of citizens, turn it over to the decision of one man J I hope not. - ' • Mr. Chairman— A distinction has been set up between cases of goods shipped before a knowledge of the war in England, and those shipped after a knowledge of that event. To my view there is little difference between these classed ; aklthe latter class ap- pears to me the most entitle^ to indulgence. The principal reas- on for a release of the penalties in the former case, is the appre- hension of danger* under which the goods were shipped ; and this danger was not diminished by a knowledge that war had taken place : on the contrary it was increased ; what was appre- hended in the former case, was realized in the latter ; war had broken out, and the petitioners' property lying in the enemy's country, was exposed to all the dangers that result from a state of war. I oannot agree to this distinction, as a principle of de- cision. If a distinction is to be made, it ought to operate on pur- chases made after a knowledge of the war. and not on the ship- ment But I do not think a fine can well be drawn. Air. Chairman— It has been intimated that the petitioners j 12^ CONGRESSIONAL REPORTER. have catered iJieforfkitures in the sales of their . goods ; that they have sold at prices that will enable them to pay the forfeit- ures ; that they have in this indirect manner levied a tax on the consumers, in the amount of their respective proportions of the forfeiture, and that it would be unjust to remit the forfeitures to the petitioners, and again tax the consumers for money to meet the expenses of tho government. I do not think this statement \ eorreet ; I do not think the forfeitures have generally been cov- ered by the sales ; but if they were, I would'observe, that the pe- titioners are also consumers, tjiat they live generally in eommer-. cial cities, that they raise nothing from the ml for the clotbiog or provision of their families, and of course; consume largely or imported articles, and as consumers have borne their full pro- portion of the forfeitures, and will participate on equal terms with others in any new tax that may be laid. " \ Mr* Chairman — It has been observed, that a release of the penalties in this case would break down the restrictive system on which so much reliance has been placed. That we could not af- ter such release exact penalties from others who may cotitraveife the .laws. I confess I^o not see the force pf this objection-; the petitioners have a claim to indulgence that cannot again be set up —their goods were brought into the country under an impression of an immediate war,- to get them out of the enemy's power, and , under a persuasion that pur prohibitory law had ceased to oper- ate. These are circumstances that cannot again happen, and '.. that plead loudly in favor of the petitioners— the danger is pew known, none, can fall into it unawares, none can hereafter plead 3 like necessity. Mr. Chairman — Under every view I have been able to take of the subject, it appears to me, that the petitioners are certainly -' entitled to relief, and under this impression, I am disposed to give my vote against the report of the committee, and if the proposi- tion mentioned by the honorable chairman of that * committee, for a general release in alii cases of American property shall be brought forward, I will give it my firm support.'' ♦. . Debate on the New Army Bill. / TUESDAY, Dec. 29, 1812. ' The Houfe refolved itfelf into a committee of the whole, Mr. Desha in the chair, on the bill 4t fiipplementary to thea6tfor the more perfe6l organization of the army of the United States, and on the bill *' in addition to the a6t for raifingan additional military force.' 1 ' The bills having been read through, a motion was made by • CONGRESSIONAL RJ&PORTER. 123" 6r. 3D. R. Williams to fill the blanks in the 'firft bill, as he- re Rated. The queftion having been ftated~ Mr. D. R. WILLIAMS faicj, the e^barraOment whichTie k on the prefect occafion, was not of an ordinary kind-^-he as Vo f olemnly impreffed with the importance of the fubjefl rfore the committee, he was fedrful its fuccef3 might in fome r egrec depend on his efforts to fuftain it-— and ^ feeling that the rtereft, perhaps the chara&er of his country might be commit- *d by the decifion, he was humbled that its caufe could not by im be more ably fupported. He felt however fome confidence *>m the circumftance that the military .committee was entitled 3 the candor of the Houfe ; becaufe it had not prefented mere ragments to be afled on in detail, but a fyftem on which to eft the future profecuti®rt of the war. An explanation of its nerits, front the relation in which he flood to that committee, fas probably expe&ed of him. / Without going back to the unavoidable and juft caufes of the »ar in which we were engaged, he would prcfumc it was the >hje& of alii to terminate it fuccefsfully, and that there now re- Rained no other mode, than to call into -the field a force ade- juate to the command of every honorable objeft. The force pas abundant throughout the community, tofecure, if direfled irith fkill, fpirit and enterprize, our defence every where % and, by offence, to make the enemy feel it had become his intereft to ibflain from plunder and oppreffion. To effe£t the firft great objedl, defence of the expofed parts, it ftruck him as of primary importance, that the whole jufifdic- fional limits of the, U. States (hould be divided into military dif. tri6ts, that the Command of each fhould be-entrufted to an intel- ligent officer, who fhould have .under* his^ommand certain por- tions of artillery and infantry of the regular army — that in each diflrif), there fhould be a fufficient number of cannon mounted on travelling carriages, which could be rapidly directed to luch parts as may be threatened*— and art engineer to devife the plans and fuperintend the ^redlion of fuch works of defence as may be ncceffary. Thefe would form the rallying points of defence in periods of danger, and will be fure to meet the approbation of the whole country. When it fhall have placed before it proofs, that the protecting arm of government is .every where Extended, it will beftow in return its confidence and attachment; For this ©bjjeft alfo the care of government cannot be too early dire&ed to the'Eaft Florida frontier ; there danger already ex- His. In its prefcnt ftate, it is improvable by the enemy to our fffential injury ; it is perfeflly within his control for every mil- itary purpofe he may contemplate, and will require an equal force, whether occupied by the U. States or not. He would ex* tmplify more in dAtail his views on the fubjeflt of defence, by enu- merating the military *diftri£ts 2nd the kail number of troops 1 / «£> V. 124 CONGRESSIONAL REPORTER. which ought to pe ftationed in each. ' If the reprefeatativcsfroi thofe diftri£ts (hall object that the number of troops alotted i each was too fmall, and be felt confident fome of them would- he replied, fuch obfedion fervtd only to flrengthen hisargumal and the more fatisfa&orily proves the prefent military eftablifti ment inefficient and that it ought to be increafed* He requellj ed it might be rccolletted his obfervations were intended to api ply to all the bills or fyftem he had reported, becaufe they wcrt all in fome meafure pendent on the fuccefs of the prefent mo tion. To Bofton diftrift, including Portsmouth and the whoh flate of Maflachufetts, 600. To Newport, including the ftates of Connefticut and Rhode-Ifland, 600. To New- York, inclu : five of that flate and New-Jerfey 1,000. To Philadelphia, con* prifirig the ftates of Pennfylvania and Delaware, 400. To Bait* more, Annapolis, Norfolk, including Maryland and Virginia, 500. To Chariefton, including North and South Carolina, 400 To Savannah and the Eaft Florida frontier. 2000. To Ne*. Orleans, comprifing Mobille, W. Florida and Natchitoches, 2500. To Detroit and all the W. frontier, 2000, making an ag- gregate of 10,000 regulars. Thefe taken from the eftablifomei* already provided for, leaves a force of 25,000. The difference between the numbers enlifted, and effective men, is very mate- rial > in no fervice, however actual, is it eftimated atj, lefs than one fourth, with new levies at leaft one third : deduct only 10r OO&trom the whole number provided for, we fhall, luppofmg our ranks filled, have in the field only 15,000 that can be direc- ted againft Niagara, Kingfton, Montreal, Lower Canada ana Halifax. Is that number Sufficient for the purpofes of S ^ 1 ** ment ? This mud depend upon the number and quality 01 the oppofing force. It ought not to be eftimated that the regute force in Upper and Lower Canada is lets than 12.000 ; hefioes theie there are feveral thoufand militia, and at Halifax 3000 reg- ulars. To drive this force from the field yoafhould crote the St. Lawrence with a well appointed army twenty thouiana ftrong, with a referve, always defirable, with raw troops mp penfable,of 10,000. We ought to calculate on peace. Adraw- iftration have in vairt fued for it, through Mr. Rufleil* even attflc expenceofthefarcaftiefheersof the Britifh minifter; gt* then prepare in good earneft for war. If the fpring (hall not toro with it peace, the campaign muft open in a ftyle of vigor ana force calculated to infpire confidence of fuccefe among ourlelvw and awe in the enemy. The refult of fuch a ftate of &&&/£ \ be as favorable to us, by depreffing the fpirits of the ^ 1 JfjS! as by making our own troops undaunted — nothing muft be OTj to chance that is within the compafs of our means— we muu ferve to be fortunate. To be fucccssful our movements evcrr where muft be in concert ; at the fame moment we move Canada, a corps of 10,000 men fhould from the Province w Maine threaten Halifax ; as a diverfion it will indifputaoiy CONGRESSIONAL REPORTER. - 125 lilt ; fuch a force, if difregarded by the enemy truftiog to the uppofed difficulty of approach, will be competent to the reduct- ion of Halifax. , The character of our government had been fo deprc ffed in Europe, not more by foreign than by domeftic mifreprefentation is much even within thefc walls as without them, it had becpme neceflary to make war, to place our backs againft the wall and prove to European marauders, there is a point beyond which we will not recede* This good the war has accomplifhed ; but it has become more than ever, neceffary to prove that, we will Dot only declare war, but can profecute it with energy and cour- ageous enterprize. The honor, the character of the nation re- quire that the Britiih power on our borders (hall be demolifhed in the next campaign — her American provinces once wrefted from her, every attempt to recover them will be chimerical, ex- cept thro' negotiation. The road to peace then lies through Canada* When we (hall once be in pofleflion of it, peace, hon- orable peace, the fole object of us all is fecured. But fome gen- tlemen affect a fympathy for the Canadians — why, lay they, will you make war on them ? They have not injured us. Ndr,fir, has the Britiih tar injured us, although he is the inftrument of plunder and impreffment. It is to conquer the fovereignty of of the foil, to raze the Britifh power, to reach by fuch means her profligate knd unjuft miniftry , that war is waged at all—- the un- armed will never fall on American bayonets — it is not againft the people of either Canada or Great Britain, but againft the Englifh fubject in arms, that the war is directed. By phyfical ijorce then alone can we proceed. Mr. W; here recapitulated at fome length the amount of the force provided and that which was necessary for the various objects that fhould be accomplifh- ed, (hewing that at leaft twenty thouland additional regulars ought to be authorized. How, asked he, lhall this deficiency be fupplied 2 Shall we rely on the militia ? Sound policy not lefs than experience, forbids a draft on them for permanent fervice. However valuable they are for fudden emergencies, and in this way too much reliance cannot be placed on them ; economy, hoth to them and the government, forbid their ufe for other purpofes Their ftate of difcipline and|infubordin?tion, (except in tie feoe of danger, )circumfbances growing out of the freedom of oar inftitutions ; the wafte of public property, which he could illoftrateby ftrong facts, all unite to diffuade us from this refort. Call them out on fhort terms of duty, for fo much time is loft in marching to and from the places of Rendezvous you are fubject to pay nearly double the force neceffary to maintain any one point— make the term of fervice long, and you difproportioit the burthen of the war. In fhort, the great mafs who form the militia will find it cheaper to pay regulars than fight themfelves. Shall we atty longer deceive ourfelves \>y a further dependence •1 126 CONGRESSIONAL REPORTER. on the abfurd volunteer acts ? Experience is equally, warnii on them. Though thouiands of our brave countrymen, M Chairman, havetrufhed to the field of danger, it was certain! not under the volunteer acts — if ever one scheme was better d culated to deceive its authors than another, this furely is i*. T lay nothing about its unconttitutional character, it is a miferabl contrivance, perfectly nugatory, except to accomplif h difappoitf Jhent< Without a head; its operations, to say the leaft of then begin at the wrong end. The people are to manage the affair- to affociate — to earoll tbemfelves — to recommend officers. Oi ganife a regiment t it will be made up of fach difcqrdant infubardS nate materials, Grangers to and ignorant of each other, confi dence cannot exift in it ; but, above ail, the yolunteer istoifl dent himfrlf for three years for the performance of one yearl fervice. Repeal thefe a£ts as the bill prop6fts, with a refetva tion of the rights that have accrued under them, and the feroce? to the government of the men who have enrolled themfelves- and, in their ftead, authorife 3 corps of 20,000 men of an efi . cient regular character." When the colonels shall have been fele&ed for their virtues and influence, give to them the fdec- tion of v thcir officers — they can better judge wherought to con». mand, and who can raife men in their own neighborhood, that the Prefident or the Senate. This mode will only change tb< appointment of officers, from individual members of Congrcfi to the colonels, who certainly will be more fcrupulous who hi associates with him in danger, than any other can be: the] may be fafely intrufted with this power, under the approbation of the Prefident. With fuch provifion t}ie corps can be raifd almoft as foon as the officers can be nominated by the PrcficM approved by the Senate, and goto miffioned by the Secretary j War. The term of enlift mentis, confeffedly, not the moftef igibleto form fokliers; but, in as much as it is doubtful * whether you can get a force fufficientljr ftrong on a long period) the prefent is propofed. But for tlie/gallant and.brave patriot cj thfe revolution before him (CoK Sftuart) he fbould have omitttc . toadd, this mode was found the moft efficacious to raifc men, during the revolutionary war : having been tefted by ^P^ ence it may again be relied dn. Having (hewn the neceffity of augmenting the regular fctc* it was equally material to provide for filling the ranks, and ftj keeping them at }heir full complement when filled. With"? view was the firft fection introduced. The greateft evil, w* dent to the^recruiting fcrvice, refults fram the number of period to whom the public money was neceffarily diftribtrted; in PJ portion to the number of perfonswith whom it is intrufted, be its 'mifapplication. To remedy .this, it is propofed to point officers to each regkfient, for that particular puipofe, in way different from th6fe already appointed, who fliallbe eflii CONGRESSIONAL REPORTER. J27 ployed in recruiting f6r their refpecfive regiments; thefe to be under the order of a major, who lhall receive and be accounta- ble for the iflueof money and clothes for that fervice* The ranks filled, thsprefence of all the officers on the prefent eftab- lifhment will be indiffcenfable, as in our fervice the proportion of priyates to the officers is greater than in any other Jervice what- ever. The new organization which was given to the army at the laft feffion, increafed the number of privates in each compa- ny without a correfporiding increafe of officers. If two lieuten- ants were neceffary in a company, for the purpdfe o£ difeipline and recruiting, when it confifted only of fixty-four privates, af- furedly three are as much fo now it is raifed to ninety. The re- cruits as fall as they are enlifted ipay be concentrated under the eye of the major, where they may be exercifedand drilled, fb that when he joins the regiment, they will be qualified to en- • ter the ranks and face the enemy. He expe£led to hear it obje6led, that thefe additional officers were unnefceffary, feeing the regimerits were not full. He appre- hended this objedlion was more fpecious than lqlid. Conlider- inp all the circumftances in relation to the army, the period when raifcd and how officered, he believed, fuppofing the regiment* Only half filled, it was indifpenfably necefsary, the officers fhould be constantly with them. ^ He was much miftaken if the officers were not as raw as the private fqldiers— it was as important they jhould be familiar with the duties* as they whom thdy are to command. It would be nothing short of butchery to fend brave men into the field, under fuch circumftances, when in our pow- er to avoid them. All the dollars and cents you will lave, by 1-efufing these few additional officers, would not be~ werth the life of a finglfc man, to fey nothing of the pbffible flaughter of thoufands without them. Of neceffity, our officers need inflec- tion — thev fhould be' devoted to it during the winter— they can be no where fo beneficially employed as with their regiments on duty. It is the quality, not the number pf^the troops, that (ecu res and improves victory. \ " , One other object ion he could anticipate— perhaps thqfe who could fnerr at the difafters and misfortunes of the late campaign > may objeft that there is no encouragement to vote additional forces, feeing thofc which have been already raifed^ have been fo illy employed. It becomes us all to be equally faithful to omr country/whether her arms are vifctorious or not ; it is in times of difcomfiture that the patriot's refolution and virtues are moft v needed. It is no matter by what party names wearediftin- ^uiflhed ; this is our country — we are children of the fame fam- ily, and ought to be brothers in a common caufe. The pis- fortune which befalls one portion fhould fink deep in the hearts of the others alfo* What misfortune fo great as the lofs of char- "after ! If we (hall forget our impatience under diferace, and w • 128 CONGRESSIONAL REPORTER. look back on the events that have pa (Ted, with 6nly as much candor as becomes us, this obje6Uon muft vanifh. Under the circumftances in wliich it found itfelf, without experience, ei- ther in itfelf or others to guide it, adminiftration ought not to be $enfured for the bad military appointments it may have made, however much it may deferve, if it ihall retain men in employ, when found incapable todifcharge the duties entrufted to them. He wasfearlefs of contradiction in declaring, all our difafters iprung from a caufe which no man in the nation could have an- ticipated — it was next to impolfiblp any human being couk! h&ve forcfeen, much lefs provided againft It was with pain and re. lu&ance he felt it his duty to fpeak of an officer fallen and dis- grace J— -he wifhed he could difcoyer any caufe for the furrender of Detroit, lefs heinous than treachery or cowardice-^between them he faw nothing to choofe. Juftice will hereafter, if party heat denies it now, pronounce the plan of the campaign, as en- trusted to Gen. Hull, easy to be accomplished and judicious. in its objects. The commnndapt was furnished with every means ne- cessary for success— with money* men, provisions and munitioas of war in abundance. What better mode could have been adop- ted, to prevent Indian hostility and intercept British supplies of the instruments of massacre ! That jour army had not been pro- truded beyond the point with which communications could hare been maintained, is evident from the events which followed. What -was there to mar success ? Nothing ! The commandant at Mai- den needed only an apology to surrender ! What if the other Hull bad commanded ? Every thing would have fallen before him— great science was no.t neeessary ; courage and faithfulness would have accomplished every thing. A train of heavy artillery was not required to batter a breach for the assault; ; it was not neces- sary to fire a single gun — not a cartridge need have been expend- ed — the bayonet alone was adequate to have taken Maiden at any hour from the moment the America^ army crossed into Canada, till its most shameful retreat. The fort was not enclosed !— one entire side was opeti to assault ! Yes, sir, had the brave Hull, who bore your" thunder on the mountain wave/ 9 directed the valor of that army* he would have poured the storm of victory resistless on the foe. This black deed, without a battle, was consummated in the solicitous surrender of the brave corps which wore hastening to his relief ; these, too, were arrested and thrown back on the community, leaving the whole western frontier expos- ed to savage inroad. Hence all our misfortunes ! After this, will it be contended that the accidental appointment of an improper agent shall cause a refusal of the force necessary to drag our drowned honor up from the ocean of infamy in which it has been plunged ? Impossible ! Economy of life and treasure call for t vigorous campaign — away with lifeless expedients ; miserable in- ertness must be banished—zeal and energy must be infused ev- ery where. One protracted campaign will cost twenty fold more CONGRESSIONAL REPORTER. 145 ed effect if adhered to. Yon h&ve always got the better of the ar- gument ; you "have better proclamations.;; b»t what avails all this ? Britain has impressed your seamen, and given you blows for good words. Yqu have been heretofore told your paper meas- ures were worth nothing : now, that it is proposed to give blow for blow, what is said ? That you' are departing from the pacific system.* which the same persons before reprobated* and to wbieh they have become friendly only after every attempt . at paeifioa- tion has failed. Sir,. we are now engaged in war, and we must succeed or We must yield the rights of sailors and free trade. Does any man doubt th^t the war is justly, undertaken ? Is there a man in the nation — I care not of what political sect, tnany as there are—who believes that the war is not undertaken on just grounds— that we had not borne with their indignities till we could have borne them no longer ? After plundering yonrpvopevr ty and impreffing your fcamen on the ocean, their agents have been lent into this nation tofovy divifions among us, who ought to be but one family. What crime has beeri left undone ? What injury have we not luffered ? Could one be addtd to the -cata- logue ? It dems to me not. No mkn loves peace more than I do, and if it had not been for G- Britain fending her agents to our fire fides, Idoftot know but Uhould have voted againlf the war. It feemed to me like an attejmpt on a man's daughter. Not content with vexing anxl harrafflhg you whenever yp{\ went from home, they come here to put ftrife into your family. You have:been told, that the Prince Regent and his minifters are firm, Sir, we never calculated on their receding, but oriahe energies and the force of the nation to obtain redrefs, and if we had been united we ftiould have equalled our moft fangurie tipetlations. Let us follow their example, and determine to maintain our na- tional rights, as they do to maintain their ufurpatiohs on them. With refpefl to the term of fervice, enUftments for one year will look as if we were afraid to go the wholeiength of the war. Railing men for five years would 1 convince the enemy you meant to maintain and enforce your rights ; but while you take men for one year or eighteen months, they will think we are temporifing, and inftead of lowering their tone, by this means you wiU raife it. Exa£Uy as you appear fickle, the v will unite, and as you difplay energy, you will difonite them. Do rto^ lool- en your gralp in any quarter, but inereafe it in every way within your power.-Mr. M. concluded his remarks by moving to (irike out one and infert five. Mr. CLAY feconded the motion of Mr. Macon toftrike out one year and infert five as the terrn of enliftment, ; He laid an army ought to be feafoned before it was carried into the field. We have heard much laid, obferved he, about ficknefs in your - army ; much of tl>e ficknefs fome time ago at New-Orl ar,s and much lately of the ficknefs at Plattlburg. Have you ever heard Vot# Hi— No* 9. DEBATES. \ «. i -\ I 1*5 . CONGRESSIONAL REPORTER. - of an army oh earth chat was carried into the field before it had been feaofned in the camp* It rauft, to be good for any thing, be difeiplined in camp; and become inured to the mode of tir- ing ana the fore of foldiers; It will takefome time to feafon men to the ch*itg£ in their mode of living which muft take place on [ofag into camp. - It will take a year to prepare them for the ield. Without difcipline they will be ufelefs. Your fcamen are brave and fuccefsful becaufe they know what they go to Tea for. Take a landfman on board a (hip|and what fort of a failor will he make 7 Stich as the French have on board their vcfftls, We take no man into the navy but who underftaods his bufmefs and the purpofe for which he goes there ; and we fee the eflc&s of it* I do not wi(h it understood, fir, if I vote againft the bill, that 1 am oppofcd to the war* No, fir ; it is a righteous war, into which I go with band and heart. We may differ about the mode, but that is all/ I fpeak from experience more than from any thing cite. Let us raise a fufficient army to ferve during the war, be it long or fhort It is abfurd to fuppofe wc fliall not iuccetd in our enterprise Againft the enemy's province$. We have the Canadas as much under our command as fhe has the ocean ; and the way to conquer her on the ocean is to drive her from the land. I am not for flopping at Quebec or any where fife; but I would take the whole continent from them, andafk them no favors. Her fleets cannot then rendezvous at Halifax as now, and having no place of refort in the North, cannot infeft our coaft as they ha ve lately done* It is as eafy to conquer them^on the land, as their whole navy could conquer ours on the ocean. As to coping with them at fea. we cannot do it. We can annoy them, but to meet them on the open lea. f would meet diem and hurt them, however, where we can. We muft take the continent from them. I with never to fee a peace till we do. .God has given us the power and the means ; we are to blame if we do not ufe them. If we get the continent, ihe muft allow us the freedom of the fea. I hope, fir, the amend- ment of my friend from N. Carolina, going to make this army Efficient, may be adopted. Mr. Pl K 4%4L n ts laid before the queftion was taken, he will- ed to fubmit a few of the reafons why he was oppofed to the a- mendment. The queftion before the Houfe, if he correfWy un- ^ derftood it, was not, what were the bell materials of which to make an army— whether men for "the war for 5 ycafir$ f or fix twelve months ; but the queftion was, what is the kind of force and for what fcngth of time can you raife an army, to take the field at the earlieft period ? I hefitate not a moment, faid Mr* - P. to declare that if it were within the compafs of our ability to raiie an army for five years tyf voting it, I would authorife it- Not a moment fhould I doubt on the futye&. The hiftory of the world it ftrongly in favor of fuch an £rmy. But we pcrfeQ* $ CONGRESSIONAL REPORTER. X® ly kftowr fa*** the prpgrefaoftberecruuing fefvice, that we have already authoftfed as many men oftbatdefcripuonas we (hall pr^ably be able to raife. This force is wanted to render the next eampaig^efficiew I coafider the W merely as a fubffi- tute for the volunteer lyftem heretofore purfued. Of what raa- S?«SJ! , ,L t H ar, ? y be-oqwofcd?- Of young mm ready to volonteer their feryices for one year in the form of regulars* & JS^SL" mm ?. fes W W* hu «ldians ' Wh at was the hittory of it I We alt -tStSL?? cam Pj»^ " n der Harraar, and lis bloody fcenes. tJ&J^T?*? updc f St'-CIwr cannot be forgotten. We then Offered defeat upon defeat, diMerupon difcfer.inthe *ourfo S i •fo W ^L whl P l ? wasnot terminated tijl the treaty of GrenvUte ,f 1 J3 tbou ii n may.be faid,to have virtually terminated by . SiSShl! 8 $** * *?' lnd « n S.under Gen. Wayne. , If thk STKZin!^ 8 t0 5° ,nto i hc «■*** fe««*and handle (ball !Lt£? ? Qrt W. demonstrate to the enemy all we want to S?h>wL her . of * ^ xt J? w reality her intereft tc-beatpeace SnSioM 0un i r> '- * hop< a. fir * the "^w to amend tte bill wiU not prevail. I am perfeaiy convinced that the bill Jisit is wiU ^ts. ^.?i U Yfr 11 ^ *T« «» *«vicc,and lam CuigjuW m the hope that w«h its aid, toother wkhthe other force we ttan have, we may clear the comment of the enemy's domin- ie }™n e <»^»gn,thoughr do no^ und>nal» to predia that J0£u G0L P kid the annals of this government* the laftiix tKSfft 9 ( > m ^epcingxvith the deferatkm of vw», would be found tnemcAinterefting.tbemoftdeplorablej • - &f ^ y ; fr ^twittiftandwg all the arguments msed on Iff ^maW? 1 fo much zeal "W* cl «ia«ice, time has diffipa- eVrid l l th «* , J ,u » 0D s h»w vanifljed .; your army fo confidently ;«,« uT untk ;f . the ^a**** «f that dechuation, fbring I ISS^'* 1 ?**^. ^^ condiuoa of your e^idments wowl<] not. I 2Er £* atth, shour,iulhfythedeclaraMo»ofwaT. We have *?«?».- ^cond^^cd in a manner well to comport witfc ene tpint m which it was declared ; dhafter npon difafter in ± - i' cj V "" ' " ™«» ucciarca ; auaiter upon dUattrr to rap- .ucctmon have followed ; the tone and heart of the country 148 CONGRESSIONAL REPORTER. broken; univerfal dif^uft at the paft, and deep concern an'.! anx- iety for the future prevail every where- And what Mr. Speaker, is now propofed/br tfie futhrt^that is to retrieve our affairs — on what are our hopes to reft ?. A>n ar* my of twelve months men ! A broken rerd I An army and term of fervice, ivhich well nigh, loft the country in the r< volt). tionary war ; an army which in every itep and ftage of that war' received the uniform and reiterated tenlure anil condemnation" of WafhinRton, and every intelligent officer of that period ; an army that ftpnds recorded by every hiftorian of that war with deep reproach and reprobation. Such isfhe foundation of our future hopes ; (hutting our eyes upon the leilbns of experience,' We live but to repeat former errors and renew our Coffering**.-* Shall we never learn, ti »at a (oldier is n6t the creature of an hour ; that he muft be kafonrfl totbe hardfhips of 'war : that to remove your recruit from his fire fide, from liis plentiful board, and all the comforts with which he is furrounded, to the theatre offer .yice, tlu r« to deep on the ground or in tents, with two or thrre &.icles of fubfiftence only, is to give him up a viilim to dikaf*, to confign him to the grave ? This precife relult is pref-nud to the mind by the melancholy review of the laft 'campaign ; difiafe and death have vvalkt-d abroad in our amies on the. frontier ; they have beer* (wept to the grave as by the be- fom of deftru£\ion. It has not flopped wich your army ; the frontier inhabitants infc£led by the dif afes of the camp, iy from the deadly theatre as from adytlioying Angfl ! Shall 'we never learn the difference betwern our fi(uation, and ttet of nations who have a competent military eftahlifhment fufficient at all times for both otRmfive and ( lefeniive operations ? The (lender militaiy.eftablifhmentof the United Sates, whiltt it confults economy and favors the genius of the g^vermrent, forbids a hafty rt fort to war».efpeeially extra- territorial and ofleu- five war ; time for preparation, after the mcafure is refolved on, is indifpenfable, and a difn gard of bur fituatton in this refpeft cannot fail to produce defeat and difaftar— to produce fuch a campaign as has juft nfwclofed. But Mr. Speaker, wherefore change the term of enliftment, fromfi%e year* or during (he war, to one year ? The Me a* vowed object of the war. by land was the conqt it ft of the Cica- das. Are you at this he»ur nearer your objefcl than on the (lay j*ou declared war, or \&$ that ohj tt,wirh a ih ady and fure pace, conftantly receded frefm you as you have advanced in the war' Is Canada fo far conquered that you can now reduce the term of enlistment f Itis impoflible to ihut Gur eyes on the paft ; while all is dilgoft and defpondency with o«r own citizens — fickofihe paft, and concerned for the future — while every poll brings to the cabinet fearful and. alarming changes in- the f ntiments of the people under this ill-fated ^var— dom and your capacity* tocondudt the w^ar — he dares not commit himfelf, his all, to fuch aufpices. Hence, fir, difficulties thicken on every fide, and at leaft three times the force is now neceflary to effi £t the conqueft, which vvould have been requir- ed at the commencement of the war. Have we made an im- preffion on the Prince Regent and h*s miniftry ? are they no% more difpofed to fuccumb and accept your terms than* before the war? How (land the people df the Bririlh Empire ? .Inftead of their coercing the government into our terms, wfyich we fondly anticipated, the late elctlion to Parliament (hews them difpofed to go hand m hand with the government in refilling our claims, and mfli&ing on us all the evils ot war. " Maratime Rights'* are echoed andje. echoed with applaufe throughout the Empire —Such, fir, are the bitter fruits of your policy, and to what far- ther point the fame hand fhall condufil the dtftinies of the coun- try, remains to be feen. I leek not- toaggravate the mifconduft of the war, nor to com* mend our enemies, but only with, fir, that we may lee things as they are, our a&ual fituation, and thus look danger in the face. Do you perfervere in the conqutft of Canada ? Pafs not the bar- rier with an army of lefs than forty-five or fifty thoufand men : if you do, in my apprehenfion, the defeats and difaflers of the palt campaign will be vifited upon you — another army will be made lo pafs under the yoke, and at the end of the year, you will find jrourfelf ftill further removed from your objeS. Tlie tug of war is now placed fairly before us, we cannot advance without meeting it. Suchi Mr- Speaker, are the grounds on which I obje& to this twelve months army ; it is not adapted to the pro- felled objcQ of the war, the conqueft of Canada. Is there, fir, any other objefil in contemplation of the government ; any oth* tr land of leeks and onions y which Heaven has given us, or to which our deftinies lead ? Is the fouth of eafier acctfs than the north, and is the circle of ljpftiliy to be extended to that quarter ? We profess a pacific policy ; Moderation and juftice are our boaft ; let us beware how we commit to the h^sard this high and enviable charader ; how we yield, on fpecious grounds, to that mad and vleftruftive policy, which we reprobate in others ; la policy which has in all periods overwhelmed nations with ca* A » CONGRESSIONAL REPORTER. ity. and (Welled the tide of human mifery. Bat it is 6id f Mr. Ruflell, late charge d*affairs at St. James' has evinced moderation of our government, that he tendered to the Brit- toinifter a propofition which, by excluding Britifh feamen n our ships, would cut up the difpute by the roots. Is the fa& Had he or the Pfefident authority to ftipulate? If he had not, I he could offer muff be fufctfeQ to the legislative difcretioh of igrcfg, a&ing under the impulfc of war, the tender was nuV. . >ry and void. Why this propofition was not made before declaration of war, ibefore the paflions were kindled into a ce, I have never been«ble to difcover. We all remember v frequently the diplomatic notes pafled between Mr. Mon- and Mr. Folter in the months of May iand June* laft ; how h government exerted itfelf, through jts ^ agents, to ^profcfe I (hew its difpofifion to peace and reconciliation, to obviate Iculties, and make conceffions, and prefent its claims in the ft moderate and leaft exceptionable form. Wherefore was i propofition, tit that all-irnportant period, held in rt&rve 3 hy is tbe^laze of war firft kindled and then the olive branch uft into the, flame ? I fhould be loth to believe, that you with- djWhen it would be received, and offer only when the paf- W&fa worked up to a point to refute. The fubje& acquires jranation ; proportions agitated at a former period, under a ferent minifter, will not fatisfy the candid enquirer on thfe int But, Although tlie propofition he made informally and I late ^atvl inaufpicious hour, it is in my conception, the und >n duty of thofe who have made it and place fo much ;ss and bowl upon it, to make good the tender* by palling the luifite laws KB give effeft to the propofition and make it bind* ; ; or in other words, to give to the Prefident power to ftipu- 5 Jbr the exclufion of Britifh feamenf from our veffels. The , bit of fuch an overture, will, in my apprehenfion, much de- !id onthefpirit of candor and fairness in which it is made, any event and in whofe ever hands the government may be, i people of the United States will not long maintain a war, at t prcfent enormous expence, for a (ingle article of impreff- :nt, cfpecially if theredrefs can be obtained by |the exclufion Britifl* feamen from ourfervice. But if, Mr, Speaker, an xral to arms for redrefsis to beperfevered in, there are con-_ eratiofts in a riv/itu of the past, which forbid a hope of the cdy return of peace, at leaft in the life aud continuance of the ay raifed by this bill, Nothing touches the paflions and finks Jeep in the heart of a belligerent as the departure of a neutral m Jbis dutp % and siding V)!t& his adversary ; fuch a belief in glifhmen of the condudt of this government, whether well ill founded, cannot fail to prolong the war. fear there are points In our neutral courfe, in our relative iduft towards Great Britain and France which will uot bear CONGRESSIONAL REPORTER; 15 i Examination. You proclaimed the Berlin and Milan decrees revoked, and put' upon G* B. the threatened alternative of non- intercourfe. Was the feftfo? You took a promise for the fact ; you proclaimed the fact, vobile France herself the author <([ the deed and party to be benefited* denies and disavows it as ■ done at the time. Here was a fatal error - departure from the straight line of justice ; and when our error in this was palpable to all the world, we gave no explanation, no excule, but perfe * vered in a meafure which led to war. It is this coime, fir t this departure From even bonded neatratity between G. Britain and France, that has loft you the fupport of your own citizens to a great and alarming extent, and at this moment fuftains the Brit- lfhminifttry in the hearts of Ertglifhmen. It is this belief of our governments leaning to France* that has carried that tninift* ry fo triumphantly thro* the late elections to Parliament. # * \ It any thing could add to the gloom and ficken the mind un- der the profpeft before us, it js the inaufpicious conjunction of events. America and France both making war at the fame time onG. B. we making the enemy of France our enemy and this at the ill-fated moment when the allgrafping Emperor of thpt country is rolling a baleful cloud charged with deftruction, north upon the Ruffian empire } upon a power dways just to America ; upon your truest ana best friend on the European theatre,— A- gatnll fuch a friend, at fuch a period, we have beheld the march of the Corfican through rivers of blood $ his footfteps^re.traced fiver the alhes of the proudeft cities, and he fits hinuelf down, at length, at Mofcow* like Marias over the ruins of Carthage* Mr PE A R SON faid,un frequently it happens, Mr. Speaker, both in private and political life, that men, of the cleared per- ceptions and meft correal motives, experience fnuch difficulty *nd cmbarraffment in determining on the courfe beu to be pur- fued, or the application of means btft calculated to produce a given obje&. The objedt moft devoutly wilhed for by myfelf, and, no doubt, f qually'defired, by everv honeft and honorable man in this community, is, that my country (hould once more , be reftorod to the enjoyment of peace. Under the preflfcre of exifiing circumftances involved in a w#r with a powerful nation —a war now profecuted for a doubtful, or, at leaft, ftrongfy con- troverted queftipn of national ri^ht — a war, the profecution of which, fo far as relates to our miliiary operations, has every where, ajid on all occafions, been attended with difgrace, defeat or difafkr — Under fuch circumftances, I cohfefe, fir, 1 am npt free from embarraflment in determining on the courfe demand. *d by genuine patriotiim, or beft calculated to reft ore the bleff- ings of peace to the country. I rejoiced to hear the honorable chairman of the Military Committee (Mr. u- R Williajns) de- clare, the other day, that his objeft was alfo peace, . It mud be afource of gratification to the country, to learn that ibme of the f x 152 CONGRESSIONAL REPORTER. •i. ftrongt ft advocates for the declaration of war begin now to think and talk of p. ace. The honorable gentle pan, however, urges the paffage of the hill under confide ration (which authorizes the enliftment of 20,- 000 additional regular troops for one year ; and provides for the appoin:ment of proportionably an unufual number of officers, with all the accompanying paraphernalia of an .army,) as the means btft calculated to produce the end in view. Did I be- lieve, fir, that the paflage of this hill, or (what is mor ae rchatce to our foreign Affair*, That in presenting to the House at this time a view of our relations with Great Britain, it is deemed unnecessary to recite the causes, which produce cdthe war. The wrongs which the V. States had received from that pow- er, for a long series of years, had already been laid before the public, and need act again be enumerated, they were too deeply felt to have been for- gotten, although they may be forgiven by the American people. The U* nited States having engaged in the war for the sole purpose of vindicates their rights and honor, that motive alone should animate them to its close. It becomes a free and virtuous people to give an useful example to the wonW. It is the duty of a representative government, to render a faithful account of its conduct to its constituents. A "just sensibility to great and unprovok- ed wrongs and Indignities will justify an appeal to arms : an honorable rep- aration should restore the blessings of peace; every step whkh mejr take, should be guided by a sacred regard to principle. / To form a correct estimate of the duties which the United States have to perform, it is necessary to take a view of the communications, which have passed between the Executive of the United States and the BrHisfc government since the declaration of war.-~Such a View, the committee is persuaded, will shew distinctly the existing ground of controversy be- tween the two nations, and the indispensable obligations on the united States ie maintain It. - V CONGRESSIONAL REPORTER. 155 ;• Your committee has seen with muchjsati sfectibn, that at the moment of the declaration of war, the attention of the Executive was engaged in^an fffbrt to-bring it to a speedy and honorable termination. As earlr as the twenty-sixth of June last, the Charge des Affairs of the U. States a* London was instructed to propose to the British, government ah armistice, DO take immediate effect, on conditions which it is believed the impartial world will consider safe, honorable and advantageous to <*. Britain. They were few in number and limited to positive wrongs daily practised. That the orders in council should be repealed, and that our flag should protect our seamen, were the onl/ indispensable conditions insisted on. Other wrongs, however great, were postponed for amicable negotiation. As an inducement to the British government to forbear these wrongs, it was .Broposed to repeal the non -importation law and to prohibit the employ- ment of British seamen, in the public and private vessels of the United States ; particular care was taken that. these propositions should be made in a form as conciliatory, as they were amicable in substance. Your committee cannot avoid expressing its astonishment at the manner in tfhlch they were received. It was not sufficient to reject the proposed ; armistice ; terms of peculiar reproach and insult were, adopted to make ^the rejection offensive. > It happened, that almost on the same day, in which the United States, after having been worn out with accumulated wrongs, had resorted to the last and only remahfing honorable alternative in support or their rights, the British government had repealed, conditionally, its orders uv council. That measure was unexpected, because every application for it had failed, although Repeated to the very moment it was decided on.— Con- ditional as the repeal was, if was admitted to have removed a great -obstacle to accommodation. L The other only remained : the practice ef impressment. Jtwaspropos- fed to the British government to open an amicable negociation to provide a substitute to it, which should be considered an ample equivalent* i The substitute proposed was defined, and of a character so comprehensive as to have removed, as was presumed, every possible objection to an ac- commodation. The proposition before made to exclude Bri ish seamen from our service was enlarged* so. as to comprehend all native British subjects not already naturalized or entitled to naturalization under the laws of the United States ; this was likewise rejected. Your committee have sought with anxiety some proof of a disposition in the British government, to accommodate on any fair condition, the impor- tant difference between the two nations, relative to impressment, but they have sought in vain ; none is to be found either in the communications I of the British minister to the American Charge des Affairs at London, or m those of the commander of the British naval forces at Halifax made by ' ,order of his government to the Department of State. They have seen with regret, that altho* Lord Castlereagh professed a willingness in his gov- ernment to receive and discuss amicably any proposition having in view cither to check abuse in the practice of impressment or to provide a •ubstitute to it, he hot only declined entering into a negociation for the pur* pose, but discountenanced the expectation that any substitute could be 'proposed, which his government would accept. It merits notice also, though it ceased to be a cause of surprize, that in the communication of i Admiral Warren to the Department of State, the subject or^impressment i *as not even alluded to. Had the Executive consented to an armistice on the repeal of the orders ' in council, without a satisfactory provision againstknpressment,or a clear mid distinct understanding with the British government to that effect, it) some mode entitled to confidence, your committee would not have hesitated to dUapprove it 15S CONGRESSIONAL REPORTER The impressment of our seamen being deservedly considered a princi- pal cause of the war, the war ought to be prosecuted until that cause was removed. To appeal to arms in defence of a right and to lay them ^ down without securing it, on a satisfactory evidence of a good disposition in the opposite party to secure it, would be considered in no other light, than a relinquishment of it. To attempt to negotiate afterwards, for the security of such ngat, in the expectation that any of the arguments, which h.Wve been urged before the declaration of war and been rejected, wonld have more weight, after that experiment had been made in vain, would be an act of folly which would not fail to expose us to the scorn and deris- ion of the British nation and of the world. ^ On a full view therefore of the conduct of the Executive in its transac- tions with the British government since the declaration of war, the com- mittee consider it tbeir duty to express their entire approbation of it Tbey perceive in it a firm .resolution to support the rights ;-aid honor of their country, with a sincere and coinmcudable disposition to promote pcacfe, on such just and honorable conditions as the U. States may with safety accept. - * . .. m .- It remains therefore for the United States to take theis final attitude with G. Britain, aud to -maintain it witu Consistency and with unshaken firmness and constancy. j; - # ' The manner in wliicli the friendly advances and liberal propositions of the Executive have been received by the British government has in a great measure extinguished the hope of amicable accommodation, It is, however, possible that the British government, after instructing Admiral Warren, to conamunicate to the Department of State the repeal of the orders in council, may have declined the arrangement proposed by Mr. Russell in the expectation that that measure would have been satisfactory to the U.States. Be this as it may, your committee consider it the duty of this House to ex- plain to its constituents the remaining cause of controversy, the' pre- cise nature of that cause, and the high obligation which it imposes. / From what lias been stated, it appears that however great the sensibility to other wrongs, the impressment of our seamen, was that alone, which prevented an armistice, ana* in all probability an accommodation. -Hud that real interest been arranged, in a satisfactory manner, the President was willing to rely on the intrinsic justice of other claims, and the amicable spirit in which the negotiation would have been entered into, for satisfaction in their favor ; G. Britain claims a right to impress her own searaen and to exercise it in American vessels. In the practice British cruisers im- press American citizens, and from the nature of things, it is impossible that that abuse should not be carried to great extent. A subaltern or any other officer of the British navy ou|ht not to be the arbiter in such And are all to be considered British subjects and liable £o impressment who do not bear with them that badge? Is it not more consistent with every idea ootn of public as well a* of private right, that the party setting up a d*"* *> CONGRESSIONAL REPORT 157 any interest, whether it 4>e to persons or property, should prove his right ? What would be the conduct of G.Britain under similar circnm- stances ? Would she permit the public ship of any other power, disre- garding the* rights of their flag, to enter on board -her merchant vessels, take from them such part of their crews, as the boarding officers thought fit,, .often her own subjects, exposing by meaps thereof their vessels to de*- struction ? Would she suffer such an usurpation ta derive* any aaoxp tion from t her patient forbearance I fw: With the British claim to impress British seamen, the U. States •haw'jia right to interfere, provided it be in British vessels or in any other than those of the United States. That Amencat* citizens should be ex- empted from its operation, is all* that * they, tlemand. Experience has shewn that this cannot be secured otherwise, than by the vessels in which they sail. Take from American citizens this barrier, which ought to be held sacred, and there is nothing to protect them against the rapacious grasp of the British navy. This then is the extent of the demand of the U. States, a -demand so just in itself, so consistent and inseparable front their rights, as an independent nation; that it has been a cause of astonishment^ that it should ever have been called in question. The foundation .©f the British claim is, that * British seamen find employment in the service of *he United States ; this is represented as an evil affecting essentially the. great interests of the British nation. This complaint would bars more weight if sanctioned by the British example. It is known on the contrary, that it is in direct repugnance to it. G. Britain does not scruple to receive into her service ail who enter into it volun- tarily. If she confined herself within that Hmit, the present controvert ay would not exist. Heretofore the subjects of even the most despotic powers have been left at liberty to pursue their own happiness, by honest industry, wherever their inclination led them. The British government re- fuses to its seamen that privilege. Let net this, then, be a ground of con- troversy with that nation. Let it be distinctly understood, that in case *n arrangement should be made between the two nations, whereby each should excludefrom its service the citizens and subjects of the other, on the principles and renditions above stated, that this House *wi}l be prepared, so far .as depends on it, to giv$ it effect, and for that purpose to enact laws, witlistich regulations and penalties as will be adequate. With this pledge,^ it not perceived on what ground the British government can per- sist in its claim ? If British seamen* are excluded from the service ;of the U. States, as may be effectually done, the foundation of the claim must cease. When it is known that" not' tone British seamen could be found on board ( American vessels, it wouid be absurd to urge that fact as a mo* the for such impressment* - In declaring- a willingness to - gire** effect to the proposed arrangement, your : Committee consider it equally the' d&ty of the House to . declare, in terms the most decisive, that should the British government still decline hyand' persevere in the practice of impressment from American vessels, the United States will never acquiesce in that practice, but will resist k unceasingly with all, their force. It is not necessary now to enquire what the course would have been with respect to impressment, in case the orr ders in council ha.d been repealed before the declaration of war— or how long the practice of impressment would have been borne, in the hope that that repeal would have been followed by a, satisfactory arrangement with respect to impressment. War having been declared, and the case of impressment being nee* fssarily included as one of the most important causes, i\ is evident that it must be provided for jn the pacification. The omission of it in a treaty ©f peace, would not leave it on its former ground ; it would in effect be * 158 CONGRESSI01UL REPORTER. ;.n absolute relinquishment, an idea at which the feelings of every American must revolt. The seamen of the United States hare a claim on their country for protection, and they must be protected. If a single ship is taken at sea, ' and the property of an American citizen arrested from him unjustly, it rouses the t jndignation of the country. How much tnore deeply then ought we to b# excited, when we behold so many of this gallant and highly meritorious class of our fellow-citizens snatched from the bosoms of their families and of their country, and carried into a cruel and afflicting bondage. It is an evil which ought not, whiclji cannot be longer tolerated. Without dwelling on the sufferings of the victims, 6r on that wide scene of distress which it spreads among their relatives through the country, the practicejs. in itself in the highest' degree degrad- ing to the IX States as a nation. It is incompatible with their sover- eignt)r-~lt is subversive of the main pillars of their independence, Tbe forbearance of the U. S. under it has been mistaken for pusillanimity. ' The British pretension was* maturing fast into a right Had resistance been longer delayed, it might have become, one. Every administration remonstrated against it, in a tone which bespoke the growing indig- nation of the country. Their remonstrances produced no effect. It was worthy the illustrious leader of our armies, when called by the voice of his country to the head of the government, to pause,rather than to recommend to his fellow-citizens a new war, before*they had recovered from the ca- lamities of the late one. It was worthy his immediate successors to fol- low his example. Jn peace our free system of government would gain strength, and our happy union become consolidated. But at the last session, the period had arrived when forbearance could be no longer justified. It was the duty of Congress to take up this subject in connexion with the other great wrongs of which they complained, and to seek redress in the only mode which became- the representatives of a free people. They have done so by appealing to arms, and that appeal will be supported by their constituents. Your committee are aware that an interesting crisis has arrived in the United States, but they have no painful apprehension bf its consequences, Th? course before them is direct. It is jinirted out equally by a regard to ihe honor, the rights and the interests of the nation. If we pursue it with firmness and vigor, relying on the aid of Heaven, our* success is inevitable. Our resources are abundant ; the people are brave and vir- tuous, and their spirit unbroken. The gallantry of our infant navy bes- peaks our growing greatness on that element, and that of our troops when led to action inspires full confidence of what may be ^expected from them when their organization is complete. Our Union is always most strong when menaced by foreign dangers. The people of America are never so much one family as when their liberties are invaded. #* The report concludes by recommending the passage of a bill " for the regulation of seamen oh board the^public vessels- and in the merchant ser- vice of the United States." A BU.L - For the regulation of Seamen on board the public vessels and in the merchant service of the U. States. BJB.it enact 'd by the Senate apft^ffouse of Befir tentative* of the U- nited States ofsltnericajn Comrens assembled, That from, and after the termination, by a treaty of peace, of the war in which the United States are now engaged with Great Britain, it shall hot be lawful to em- k ploy as seamen, or omcrwise on board of any public vessel of the United 1 States,or of any vessel owned bjy citizens of the United States, or sailing under their flag any person or persons, except natural born citisens of the United States, or citiz en st>f the United States at tho tint of soeh ■ Sse.Z.yfndit it further enacted, That from and sifter the time as aforesaid, when this act shall take effect, «0 seaman or other seafaring man, not beinga citizen of the United Stares, shall be admitted or receiv- ed as a passenger on board of any public vessel of the United States, or any private vessel o«med by citizens of the United States* or sail- it% tinder their flag, without a passport from the proper officers of the country of which such seamen or seafaring man may be [subject or citizen* ' lee**. And be It further enacted, That from andafterthetime as afore- said, when this act shall take effect, tbe* consuls or commercial agents of an? nation at peace with th s United Statesshali be admitted (under such regnlations as may be prescribed by the President of |the U* nited States) to state their objections, to the proper commander or col- Jeetor as aforesaid, against the employment of any seaman or seafaring man en board of any public or private Teasel of the; United States, on account of his beinga native subject or citizen of such nation, apd not embraced within the description of persons who maf thus be law* fully employed* according to the provisions of this act : and the said consuls or commercial agents shall also be admitted under the said reg- ulations, to be present at the time when the proofs of the nativity or cit- izenship ofthe persona against whom such objections may have been made, shall ha investigated by sue h commander or collector. Sec 5. And be Ufurther enacted. That if any commander of a public vessel of the United States shall employ or permit to be employed* or shall admit, e* receive or permit to be admitted or received on board b is vessel, any person whose era ployment or admission is prohibited by the provisions of this act, he shall |on conviction thereof, forfeit and pay the sum of one thousand dollar* for each person thus unlawfully employed or admitted onward such vessel. Sec.6. vffea* be it further enacted^ That if any person shall, contrary to the provisions of this act, be employed as a seaman or otherwise, or be, received as a passenger on board ofirny vessel owned by ^citizens of the United States, or sailing under their flag, the master or coftima&lef , 160 CONGRESSIONAL REPORTER. and the owner or owners of suck TC9sel, shall each respectively forfeit and pay five hundred dollars for each person thus unlawfully employed in any one voyage ; which sum or sums shall be recovered, even al- though such seaman or person might have been admitted and enter- ed in the certified list if the crew aforesaid by the collector for the dis- trict to which the vessel may belong ; and penalties and forfeitures aris- ing under, or incurred by virtue of this act, may be sued for, prosecuted and recovered with costs of suits by action *f debt, in the %? me of the United States, or by indictment ©r information in any court, having com- petent jurisdiction to try the same, and shall accrue and be one moiety y thereof to the use of the informer, and the other moiety thereof to the use of the United States, except where the prosecution shajl be first insti. tuted on behalf of the U States in which case the whole shall be to their use, and may be examined, nr> it-gated or remitted, in like manner and under the like conditious, regulations aud restrictions, as are prescrib- ed, authorised and directed by the act, entitled \* f An act to provide for mitigating or remitting the forfeitures, penalties and disabilities, accruing in certain Cases therein mentioned," passed the third day of March, one thousand seven hundred and ninety seven, and made perpetual by an act, passed the eleventh day of February, one thousand eight hundred. Sec. 7. And be it further enacted, That nothing In this act contained, s,h^U be construed to forbid any commander or master of a public or private vessel of the United States, whilst in a foreign port or place, from supplying any deficiency of seamen on board such vessel by employing subjects of such foreign country, with the permission of the government thereof. Sec 8. And be itforther enacted, That the provision of this act, shall hive no effect or operation with respect to the employment of seamen of the subjects or citizens of any foreign nation, which shall not have forbidden on board her public and private vessels the employmt at as seamen, or otherwise of native citizens of the United States ; or who shall permit the commanders of her public vessels to impress or to take away ftv>m on board any vessel, Sailing under the flag of the United States, any seaman or any other person not being a soldier or otherwise in the employment of an enemy of such nation. "Sec. 9. And be it further unacted. That nothing in this act contained shall be so Construed as to prevent any arrangement between the U. States and any foreign nation, which may take place under any treaty or convention, made and ratified in the manner prescribed by the consti- tution of the U. States, and by which the reciprocal employment, as sea- men, or citizens or subjects of the two countries, may in the instances and manner provided by such treaty or convention be permitted. Sec. 10. Andbeit further enacted, That no person, who shall arrive ia the United States from and after the time when this act shall take ef- fect, shall be admitted to become a citizen of the U. States, who shall not for the continued term of five years next preceding his admission , as aforesaid, have resided within the U. States, without being, ata- ny time during the said five years, out of the territory of the said states The bill was twice r«ad and referred to,a committee of the whole. r CONGRESSIONAL REPORTER. 161 HOUSE OF REPRESENTATlVEa Debate on the New Army Bill. fMr. Pearson's speech continiiedfrom page ±S**J The pefculiar nature^ of the queftion which novy con ftitutcs the .' fole objeft for continuing the war — the intimation given by the Executive in the correfpondence with the Britifh government, fince.the declaration of war, together with the opinions ftated by Mr* Monroe and Mr. Pinckney, in their letter to the ijcretary of State of January 3d, 1807, all tend to confirm me inH belief that it is the duty of Congrcfs to pass a law which' would not only clieck desertions from the British service, by excluding persons of that descriptim from employ in our service* but also deprive the British government of the apology alledged for impressing American seamen* by excluding British subjects from the com" mercial and pubUcservice of the United States. Having allud- ed^ to the letter of Mr. Monroe and Mr. Pinkney of the 3d Jan- uary, 1807, 1 will take the liberty of reading from it a fhort ex- tract. After flaring the opinion they had formerly cxprefled, that although the British government did not feel itfelf at liberty to relinquilh formally by treaty, its claim to fearch our mer- chant veflels foHJritilh feamen, its praflice would neverthelefs be eflentially, if not completely abandoned, they obferve— 11 That opinion has fince been confirmed by frequent confer- ences on the fubjed with the Britifh commiilioners, who have repeatedly affured as that in their judgment, we were made as feciire againft the exercife of their pretention by the policy their government Imd adopted, in regard to that very delicate and important queftion,as we could have been made by treaty* It is proper to obferve, however, that the good effect of this dis- position and its continuance may depend, in a great measure on ' the means which may be taken hereafter by the Congress, to check desertions from the British service. If the treaty is ratifi- ed and a perfeft good underftanding is produced by it between the two countries,it will be eafy for their governments, by frietul- ly communications, to ftate to each other what they rtlpe&ive- ly de fire, and in that mode to arrange the bufinefs as latisfattori- ly as it could be done by treaty. 5 ' Thus, fir, had the treaty of 1806 been ratified ^nd a good un- derftanding been produced between the two countries, Con. grefs were wanted, even in that event, that it was their duty to fend their aid in rendering effe&ual and perpetual any arrange- ment which might be made on the fubjeft of impreffment. As to the late communications from the Executive department, made to the Britifh government fince the declaration of war, it is not my intention at this time to enter into a particular exam- ination' of their merit or demerit- I will barely remark, that to Vol. II.— -No, 11, debates. ■\ jne they prefent a novelty in the hiftory of war and diplomacy, rropofitiorts* alledged to be of » pacific nature, made in fix days after the declaration of war !— Such a. procedure (much as I de* fire peace ami much as I was oppofcd to the.- war) is to my mind to fay the leaft, extremely extraordinary, and its policy incom- prehenfibie. It is the more lafjroui the; circumftance of "a Brit- ish nr '< nfWr being on the fpot at the mpmertt of declaring the war and keeping, up, a continued correfpondence with the Secre- tary of State to tAe laft moment of the txiftence of peace, Unckr fuch cirratnftauoest I fhould conceive each, nation ought to have IjnownJRu ultihawm of the other and not waited for the form of a declaration of wpr, to refume th§ negotiation and give a uew jfhape to their propolition* }, coofefe that I am not furprized at the rtfultofthis %uar ncgQiwti,Qrir~ev$xy thing \va& demanded to be yielded by our en^my, for which the war was. declared,, tven as a preliminary ii\ the firft inilaiice to an aj-miftice and in the iecond inftance a^pretiminary to a k negodation. The rquiv- al'iu offered on our part, was of a nature whi^h it . was, not with- ip the province of the Executive to confirm, and of Gourfe de* pended on whatCoogrefs, might or might not do on the fubjt$. in addition to this, our agent in London through whom thofe* propofitions were made, uid not pqflifs regular and competent, powers, and was confide red by v the Britifh government as, in- competent to afct. with them on fuch a fubjc£t on equal term* *»f obligation and re fponfibility.^ Whatever, therefore, map be my opinion in relation to thole Ute proportions,, and however illy calculated they mav haye been to produce any d< firable.re- ful » 1 am far froni cpniidrring theip unworthy the partipular at- tendon of thi=> H CONGRESSIONAL REPORTER. 16S ttiTe to predict you will 1 obtain a peace, and fcfcure your joft sights more fpeedily, more effe&ually and more fatisfadto- rily to the people of fhis country, than by all the military oper* utionsinthe compass of your power— if (hen ,. after doing every -thing which as a juft and honorable people we ought to do. not only to fecure our own lights, but to guard againft doing in*, iury to the rights of others, we Ihould unfortunately fail m 6b*. taining, peace and juftice, we fhould then be united in any war for eflfcntial rights; Sir in politics as well as in morality, the fin of omiffion is equal to the (in of commiffion — if others are injur- ed by our ncgle&, with what propriety can we complain, if that injury Ihould happen to be made to recoil upon ourfehres— un- kfs, indeed, efle&ual means are taken to prevent its recurrence* If this pofition is true, let it be applied to the queftion now in dif- pute ; and I conceive it mull lirrefiftibly follow, that s our own hands are not entirely clean, and that it is our duty to make them fo before they are further fteeped in blood. Before 1 en- ter into the examination of the queftion of impreflVnent~the on- ly avowed exifting objeft of the war— -permit roe. to declare^ as the firm con vi&iori of my undtfrftanding, that if this queftion* as it at prefent (lands, under the two nations, could be fully and fairly underftood by the people of this country, they would i#ot fuftain the war in which we are involved for one fmgle hour. No fir, a war never can, it never ought to be fuftained, for the pro*- , tettion of Britifh fubje6Vs, or foreigners of any defcription, who' may come among us, unlefs they remain within the territorial jurifdi&ion of the United States ; on the contrary, if Great Briu ain will not be fatisfied to arrange this fubjeft fairly— fo as tb •exempt us (mm the abufe of the practice if impreffing from our vefsels, when fiich fecurity as is in bur power to give, and fuch as (he- ought td a(k, is given her— that none of her feafaring fub- je&s (hall be emp*>yed in our public or merchant vessels j then we lhall have a caufe for war ( and be united in it) more wor* thy of the energies of this' nation. How far we have the right, or how expedient it may be for the Legiflature, to reftrift the claims of one, though very incdnfiderable, clafs of feamen, via t thofe Br itHh feamen who have, previously to the exifting jvar, been regularly naturalized agreeably to the laws of the United States-r-how far, I fay, it would be conditional and juft to in* terfere tVkh the claims and privileges now enjoyed by this 'par. ticular defcription otperfons, I am n6t at this- moment prepared to (ay. I believe, however, the number is fo inconfiderable, that it would not produce any ferious obftacle to an arrangement which would beotherwife defirable to the two nations. The whole number of feamen of this defcription during the whole period from 1796 to 1811 (agreeably to a report of the Sec'y of ftateO amounts only to 1332 — and from the opinion of gentle- men, well informed on this fubje&> lt » highly probable, at the .< 164 CONGRESSIONAL REPORTER. period of the declaration of war, and perhaps i>t this moment, there are not one hundred regularly naturalized Britiih teamen in our fervice. It is probable, therefore, that in a negotiation commenced and prbfecuted with friendly difpofitions — the ab- .ftract queftpn of right might not arite — and rf it did, both parties regarding and looking to the future more than the paft, would not permit fo inconfiderable a pra&ical and paft evil to become a ferious object of conteftation. As to thofe foreigners who may^ be hereafter naturalized, we have complete control over this fob* je6t — they ought not to have a claim on protection, if they are not content with the bleffings of our laws and our lcmd\ without placing themlelyes in the powfcr of their native fovereign. — Sir* it would feem, if indeed any reliance is to be had on a very ex- traordinary document, furniftred by the Executive during the prefent feffion of Congrefe, purporting to the detail hf an interest- ing conversation between Mr. Ruffell and Lord CaftIereagh,on the 18th of September laft, that Mr. RdlKrll, tho* not authorized by his government fo to do, did propole that the taw to be pas- sed by us and to take effefl on the difcontinuance of the prjic- tLe^of impressment, fhould prohibit the employment of theVra. the (ubje6ts or citizens of the one ftate, excepting fuch only as h*t already . been naturalized, on board the private or public fliifcs qt the other. This propofition, although not authorized & not confidered as binding on the Executive, is certainly entitled to the due CGnfideratiOn by us, from the time and manner of its being made, and the sanction moft unquestionably implied from the silence of the Executive in relation to this propofition. Thus the fubje«it is reduced by the fhowing of our own cabinet not so much to the violation of a right , as to the occafioinal abuse ol the exercifeofa right. - How then does the queftion realty ahd fairly ftand, for which it is alledged this war is and ought to be profited at the hazard of every thing dear to a profperous and happy people* The claim of the Britifli government is to take from the merchant veffels of other countries Britiih fulje£\s. We comptein that in the practice^ commanders of Britiih fliips of war often take from merchant veffels of the United States American citizens. If then the right of fearch is rotdeniedv-If the invariable prin- ciple of national allegiance and prdtf ftion is admitted, fo for as gives to the > fovereign a right to the fervices of their native citi- zens or fubjt 6H, m time of war % or when the exigences of the ftate may require them— it follows that this pra£tfce of impair- ment from our veffels fprings from our employment of her fta- men in our merchant fervice, regardlefs of the injury infliSled by depriving her of the fefvices of that clafs of her fubjedls, more than all others efftntial to her fafety in time of war^andat all times to the general profperity of that nation. This practice be- ing' induced and defended for the reafons above ttated, will not berelinquiihed, until fomething is done, ibme plan adopted CONGRESSIONAL REPORTER. ' 165 which will remedy the evil complained of for which impreff? ment is now rcforted to. We will have to give fomething in ex- % change as the price of fuch a relinquiihcnent, and nothing can b£ cheaper than the plan I have propofed. Will it be contended, that this is granting too much ? Will it be contended, that a neutral flag (hall protect every thing that tails under it ? Surely, gentlemen will except articles deemed ^contraband of war, and armed enemies of a belligerent. They mult go farther— they muft abandon the protection of native fub- je€ts of a foreign power, when they truft the'mfclves beyond our • territorial jurifdi&ion and thus fall into the hands of their orig- inal fovereign. If this is not done, this war muft be interminable at leaft vvhilft Great Britain has a flag cm the ocean. Should we be fuccessful in the conteft, ^he principle will not be fanftieried by any nation regardful of its maratime power, and probably be a curfe to ourfelves, fhould we ever poffefs fuperior naval prow. efs. Moreover, in the assertion of fuch a right* yve are entering the lift againft the law and practice of perhaps every nation in the world, which pretends to regard civilization or law. If or although I admit, that all civilized nations recognize, in fome form or other, the rights and privileges of naturalization, yet they equally agree in the doctrine of perpetual allegiance* ^nd deny that naturalization by a fdreign power pives to the person naturalized any new claims to protection againft his own fove- reign. Much H?, therefore; are perfonstobe protected who are bound by no tie to any country, except the tie re fulting from allegiance and protection which is only due to and from the Da* live ftate. This, fir, is the doftrine of approved writers on national law — 4t is the uniform dodlrine of Creat Britain, and is recognized not only by the practice of France, but by a variety of ftatutes and edicts of that country bqthbefore and fince the revolution— ' ♦she not only denies the right of prelection to the naturalized perfoo againft his owrjt fovereign, but denies to neutrals the right to natnralize her enemies fo as to protect them againft her arms — and autharifes the feizure of her own seamen on board neutral vessels at Tea. Yes, fir, thefc practices and pretentions have been enforced upon us by the officers qf the French gov. emrrient, in' a variety of inftances, audio far from thole officers confidering it an offence,, they have reproached our government for seducing their feamen iota our fcrvice— nor have I heard a whifpdr of complaint on this fubjec? againft the French govern- ment* Who is there that paid any attention to the proceedings erf France on this fubject, that is ignorant of the rigid vigilance with which (he h$s endeavored to fecure to herfelf the fervices of her own feamen both in peace and war, and the little ceremo- ny with which neutral or naturalized feamen have been treated by her— flbe makes it a crime in her feamen to ferve on board ; , 165 CONGRESSIONAL REPORTER. vessels of other nations whether enemies or friends— (he punilh* C3 as pfrates all niaft rs of vessels, whether naturalized or fettled in other countries* who take commiflions or ufe any other flag than that of France-— if her feamenare found in, foreign ihips in time of peace, they are doomed to confinement and.ferviee, if in time of war they are fentenced to three years in the gallies. Thefe are forae ot the regulations which exift and had their ori- gin previous to the revolution. Since that period and in the tide of French principles (for I will not proftltute the term lib* erty) other regulations have taken place which clearly fhevv of what avail our certificates of naturalization or our protection to foreigners would have been, had thst nation been able to keep: any thing like a fleet at fea. By this modern champion of mari- time rights, all captains of neutral vessels were punched as spies unle&thcy could prove by our minifter near thts French court that they were born in an allied or neutral country— all Epglilh failors on board neutral flags jn the ports of France, were order- ed to bear rafted, and every man who fpoke the Englifh lan- guage was to be confidered Englifh, unlefs he could prove by authentic documents that he wa > an American. Thefe, fir, arc fome of the doctrines and practices of France ; their cruelty and injuftice in many refpe6H muft be admitted by N . all ; they tranfeend any Britifh pretenfions which have ever come to my knowledge ; they are adduced not to palliate the conduct of the Britifh government* But to fhew the condu& of different nations on the fubjeft for which the war is now con. tinued,, and principally to (hew, that whilft we affert the princi- ple that our flag ifhall be the fhield of protection to every for- eigner who may take refuge under it, this war will be eternal, if not univerfaL * One word more, fir, on this part of the fubjeet— -it is this ; in* dependent of the exidence of the war and theintrinfic delicacy and perplexity of the queftion of which I have been treating, and letting afide all confiderations of injury and abftraft right both in relation to ourfelves and others, there is fomething of fiiperi- or encouragement and patronage due from us to oyr natiye tars* National honor and national fafety require that your navies and Jour armies too fhould be compofed.of the natives of our fbiL till befits us to lhare the toils and honors of defending our country with thofe who have no intereft in it— already has the glory of the late brilliant naval achievement, the capture of the Guerriereby the Conftitution, qnder command of Cap** Hull, been fomewhat tarnifhed by the &£t, or at leaft the belief, that great part of our crew were Britons, Call not foreigners to your -aicj> let American battles be fought by America's ions ; to them impart the honor or the fham$. * , As to the bill under cenfideration, I confider it a perfect nul- lity in point of practical eficiency. It will add to cspenfes aU CONGRESS»NA"L ^EfcOfrTEk 167 rehdy too great for the people to bear or this legiflatirte fei^y W provide. For, fir, fo toutaring are the props of this war* they Will Fall the inftant you touch the pockets of the people in a wa^ .which they will fee, feel and underftantl— ,1 know your reliance is on loans i to aid in providing for the expenditures of the* prtfent year, which, if {his Dill palses, wille^C' eel thirty five millions of dollars. This mode 6f getting money may fail, and if it doefe not, little comfort is afforded by It to those who look forward to rhja day of payment. No honest man derives miich consolation from lieing relieved from prompt payment? if a mortgage is rivetted on Tiimseif and his posterity. Already you have officers in number , sufficient to command thirty*ftve thousand men, independent of the six hundred which have rust sprung up by the bill that was passed yesterday. Suppose (For the sake of argument) that there are at this moment not more than fifteen thousand men enlisted in the present establishment : it follows of course that there arte' already supernumerary officers sufficient for the command of %0j* 000 men, besides the/ additional 600 exclusively intended for the Recruiting service. f * ' Why, then with so many unemployed officers in commission and pay ( a number almost sufficient to admit of -a recruiting officer opening a rendezvous in every county, to\fai and village intheXJ. States) shall we have entailed upon us the curse of this additional ttia>ss of useless expense ? If there is any peculiar charm in the period of 12 Inonths to induce rapid enlistments, alter the law* which at presaat exists authorising the enlisnment of 1 5,000 n«eh for eighteen months, Jet these 15,00b and five thousand more ff you please be enlisted for 12 instead of IS months, and you will nave all the men contemplated by this bill without the unnecessa- ry multiplication of officers. I understated, sir, the present campaign is broken tip, no more ^fighting or attempts oh 'Canada are intended during the winter. Let your officers, instead of lolling in the tents, or spending their time in amusement* exert themselves in providing a ft»rce ifor the, spring, and if men are disposed to enlist at all, as many can arid will be had, in the manner I have mentioned, as there would he If you had a recruiting officer at every man's door in the country. . But, sir, when I consider the intrinsic objections to short enlist* 'merits for distant offensive operations ; when I reflect on the the- atre whore this war is to be prosecuted and the consequence of opposing raw undisciplined troops in contest with veteran soldiers, 1 cannot avoid expressing my astonishment at the imbecility anfl Wildness of die project contemplated hy this bill, and admonish gentlemen of its total ineiRcacy in bringing nearer to them th& object of their Wishes. Mr. CALHOUN cibsejhrfedin frepljtoMK Ppai^soti, ftiatfck tras very happy to find, that the £entl6rtian from North Carolina While ho W»s unwilltog t6 defend the Irish and Englishmen, yet 4 168 CONGRESSIONAL REPORTER. was willing to promote the war for the. America* seamen— thaf. the eause was a good one, and he hoped that the other gentlemen who Usually acted with him, would unite to defend so brave and meritorious a elass of citizens. That as to acting on the subject, he as a member of the committee of Foreign Relations, together witlj some other*, of that committee, had it under consideration. That his views did not extend . farther than the proposition made hy our executive to the British government. If England would agree to reciprocal exclusion, he would agree for one to limit oui protection to native-born" seamen and those who are now natural- ised. The subject was* however, one of very great delicacy, bet- ter fitted for negotiation than legislation, and he had not fully re- flected on it but if after due deliberation, he found it could be done with propriety, it should be laid before Congress he- fere the end of the sesssom That he could not agree with the gentleman from North Carolina, that we ought to rely on such provisions, and suspend in the mean time our preparations ; that such conduct would bfe fatal, as England was a proud and high- minded nation, an&that nothing could bring her to terms, but a vigorous and successful prosecution of the war. v MR, STOWs SPEECH. JO, SPEJXEB, I AM aware of the delicacy, and novelty of my fituation, as well from the indulgence of the houfe, as from the neu- tral courfe, which I mean to purfue. He muft have been indeed an inattentive obferver of mankind, who propofcs to himfelf fuch a courfe, without being expofed to difficulties, and dangers from every fide. Our country has experienced them too long from the great belligerents of Europe, and an individual will quickly find them here* % For even this house is not exempt from its great party belligerents, who iffue their confining decides, and orders jo council ; and, in imitation of thehoftile Europe- ans, it is fome times a iufficient caufe of condemnation, to have b$en fpoken with by the adverfe fide. Yet, notwithttanding all thefe dangers, I mean to launch my neutral bark on this tem- Keftuous ocean, confeious of the refliitude of my intentions, and umbly hoping for the approbation of my country and my God. The proper extent of thedifcuffion, growing out of this bill, feemed to be confined to thefe enquiries :— Can the force con- templated be obtained ? If obtained, will it accomplifh the end firopofed? And Lally, will the force be an economical one ? f the difcuffion had been confined to thefe limits, I would have liftened, and not have fpoken : but, fir, it has taken a wider range, aadaifumed a more important afbe£t* It has embraced the prefent, the paft, and the future* The caufes of the war, and the mode of conducing it, have been inveftigated, and even confident predictions have been made as to its end. The hifto- ry, and the ftate of our negociations have been carefully exam- J CONGRESSIONAL REPORTER., 16? ined-^nd the pre&tentiat order of focceffion has been fcrutihi- zed, by the light of experience, as well as thalof prophefy. We have Jfcme times been forced into the fcenes of private life ; and "' at other times, we have bqen chained to the car of Napoleon. In fhort, fir, the difcuffion has ranged as wide as exiftence, and not content with that, the foeakcrs 4k have exhaufted worlds, arid then imagined new.*' I do not; pretend to cenfure this— s it may be well for the people to have their political concerns thus fplendidly dreflfed, and pafTed in review before thetp Rut ftill,' I will attempt to call the attention of the houfe from the regions of fi&ion, of fancy, and of poetry, to the humble, b ut I tru ft no lefs profitable fphere of reality and of profe. Paffing by*nany of thofe things which have amufed by thejir ingenuity, or furprifed b£ their novelty, but which do hot deferve a ferious anfwer, I will endeavor to ftate diftinfctly the grounds taken by the oppo- nents of this bill, or rather the opponents of furnifhing the means of profecutmg the war: — Firftly. It is alleged "that the war was originally iinjuft^V Secondly. u That if the war was ori- ginally juft, it has become unjuft to continue it in confequence of the revocation of the Britifh orders in council," Thirdly. .** That it is inexpedient to profeeute the war, becaufe we have no means of coercing our enemy, or enforcing our claims. " Fourthly. ** That we are unable to lupport the war." And Fifthly. V' That in confideration of all thefe circumftances, the houfe ought to withhold the means of further profecuting the war." Firftthen it is alledged that the war was originally unjuft. Here let me call on the houfe to diftinguifh between unjust 9 and inexpedient. Nothing can be tnore important, than to have clear and cliftind ideas about thofe words which lie at the boU torn of a fcience, or enquiry. This is happily illustrated in ma- thematics-r-there every word, by the help of diagrams, is care- fully defined ; and the confequence is, that there are no difputes among mathematicians, while their labors have done honor to mankind. A thing may be juft, and yet inexpedient : the jus- tice of an act relates to the conduct of another, the expediency to our own fituation. It may be juft for me to foe the man who withholds from me the fmalleft fum ; and yet fo inexpedient* as, to be even ridiculous. Thus a war may be perfefHy juft, and at the lame time highly inexpedient, v This, if I miftake not, was the ground generally taken the laft year by the opponent^ of the ttfar, particularly by the gentleman from Virginia before me, (Mr. Sheffey) who pointed out the diftin&ion which I have endeavored to do, though with more ability and fuccefs. I hope the houfe will bear this diftinction in mind ; becaufe it is of the greateft importance in the inveftigation which I intend to make. Before I enter futfher on the argument, I afk the houfe to in- dulge me for a moment, while I explain my views relative to the commencement of the war. I never law any want of provoca- 17ft CONGRESSIONAL RfePOTER. tion cm the part of Great Britain. I never for an tnftant doubfc. edthe jofticeofthfc war, while I urged its inexpediency with all mjr might. I confidered man, placed here by a beneficent Providence, on a fertile foil, and in a Jiappy climate, enlighten. td by fcience, and prote&ed by the wrfeft of laws; *By our re- volution cut adrift, as I may fay, frOm the old world, before the ftorm which was about to defolate fcurope arofe— I fondly hop- ed, that this new World would ftiffufh one fair experiment of what (bienee, liberty, and peace might achieve, free from thofe corruptions which have eternally attended on iv&r. I hoped to fee the country improved, and bound together, by roads and canals, to fee it adorned by literary inftitutions, and by every eftablHhment which refteSls honor upon Man. Nor do I yet believe, that this was an Utopian vifion, or an idle dream. I Qifl believe it might all have been realized by a different courfc~ But the nation has determined on war, and though it was not my Choice, I (till maintain that k is not unjuft. I will not go into ft minute account of all thofe injuries, and outrages, the bare mention of which, waslaft year declared sick- ening to the foul. I will only recal the mod prominent to the tecollefliaft of gentlemen, Who fcem almoft to have forgotten them.*— Firft then, the revival of the rule of '56, relative to tte Colonial trade, which produced *ne univerfal burft of indignation, and called forth thofe unanimous resolutions in the Senate, not to endure it. Was that no' juft caufc of war ? The numeroys blockades, againft which all our minifkrs in England, and every ftdminiftration, have remonftrated— the repeated infultsof our cities by their (hips of war-— the murder of one of our citizens in our owfr.waters, (I^mean Pearce) the fhameful triat,and lub* feguerit promotion, of the officer, by which infult was afdded to tojnjury— Sn #11 this,do gentlemen fee Nothing to render warjuft? I pais by numerous other injuries,* come to the orders in council which have fwept millions Of American property from the ocean. < But, fir, we have been told, that France was the dggreffor-* that if we had compelled France to do us juftice, Great Britairt would have followed in doe time the example, and thus wat tvould have been prevented. What has this to do with the cafe, fuppofe it either true, or faMe ? What has the jufthe of the wa* to do with the order in which we have received the injuries From France Or England ? Have we not the right to refift th* 6ne, who injured 'us laft, as well as the firft ? Who ever dream* ed, that to determine whether it was lawful to rfepel an in jury, he muft examine the hiftory of his life, and fee if he had not beeA ioj ured before ? Have We loft the moral fenfe ? ofr have we been fo long accuftoirifrd to receiving injuries, tltftt we haffc deafed to know them ; that after a patient eftdtiranfce of fifteen years, and after deliberately refortmg to War, \vt are gravely about to ex* amine the chronology of our wrongs to fee if We have the right CONGRESSIONAL HEpORTER. ;171 to refill ? I omit the fubjeA of impreflment ; nottrnt what it was one of the juft caufes of war, but because I intend to fpeak of it in another place. After a candid Veview of the paft, can any perfon then maintain, that America has no just caufeof war ? Sir, to my mind it appears impoffible^ I fhaH now examine the fecond proposition, " that if the waif was originaHy jutt, its further profecution is unjust. '* — On what ground does this rt ft ? It is this, that the orders in council were the caufc of the war, and thofe orders having ceafed, the profe- ' . cution of the war becomes un juft. — Here again justice and ex* pediency . are confounded; It was never maintained, that the orders in council rendered war more juft, than many other out* rages, though they went farther to prove its expediency ahd even > iKceffity. It therefore follows, that their repeal does not aflfeft the juiHce of the war ; unlefs accompanied with compenfatidn for the fpoliations committed under them, and atonement made ft>r other wrongs, Neither of thtfe, it is pretended, has been done i except fo far ss relates to the affair of the Chefapeake,and which I purpoiely left out of the catalogue of grievances. An injury which was a juft caufe of war, remains a juft caufc for its continuance, till atonement is offered, or till it is fettled by negociation. But fir, an ample juftiScation of war remains ill tbe impreflment of our fracnen. The claim on our part is not* as has been a Hedged, a claim to prot£& Britiih feamen— it is a claim to propel American citizens. Nay more, as refpefts the juftice ot the continuance of the war, it is a claim only, that they toiH cease from the practice during the truce* thai it may be seen whether it is possible to arrange it by negotiation. Is it unjoft to continue the war, till this demand is complied with ? or does ?ny American wifh to fee his country proftrated ft ill lower ? j Having thus far explained my ideas relative to the justice of the com- mencement, and continuance of the war, I will now proceed to answer the third objection, namely,: That it is inexpedient to carry it on, because we have no means of coercing our enemy-fof compelling him — to what ? bare* ly to a just . and honorable peace ; for that is all that we demand. And * have we no means of doing this ? Better then to surrender the charter of our independence ; confess we are incapable of self-protection, and beg his most gracious majesty to again take us under his paternal care. Such a doctrine, sir, is as unfounded, us it is degrading to the American character. Wethave ample means of compelling Great-Britain to do us justice ; they are to be . found in the value of dur commerce ; in the enterprise of our privateers ; ki the gallantry of onr ships of wajs* and in the conquest of her provinces. Our custom (considering her m the light of a merchant or mechanic who supplies) is of vital importance to Great-Britain. It is not to be measured by its amount, in pounds, shillings and pence, but by the strength and sup- port she* derives from the intercourse. For while I admit, that Great-Brit- ain tloes not send ha}f her exports to the United States, I do maintain that the custom of this country is of more importance to her, than that of the whole world beside. It is with a nation as with an individual— if he ex* change luxuries for luxuries, or superfluities, such as ribbons for ribbons, whidh he consumes, he adds nothing to his wealth ; but if he exchange hi* 1. t fc 172* CONGRESSIONAL REPORTER; luxuries, or his ribbons, for bread, or for such materials as give scope to industry, he is^then benefited and enriched by the interchange. Such is the* situation of Great-Britain with regard to America, She, and her depen- dencies, deceive more of provisions, and raw materials, from America, than for all other parts of the world together. Our trade exactly gives effect to her industry, her machinery, and her capital. And it is this, which has, in a great degree, enabled her to make such gigantic efforts in the awful con- test in which she is engaged, pur privateers, will they have no effect on Great Britain ? Will she learn nothing from the loss of three or four hun- dred ships ? And will she be insensible to the efforts of our little navy? Can they touch no nerve in which Britons feel ? Far different are my con- clusions, from what I have seen in British papers— they show, that she is tremblingly alive to that subject. Sir, I will now consider her provinces, about which so much has been said. I too will speak of that wonderful country called Canada, which unites in itself all contrarieties ? Which is so cold and sterile, as to be not worth pos- sessing ; and so fertile, that if, by any calamity it should become ours, it would seduce away our population— Which is so unhappy under the British government, as not to lure our inhabitants; yet so happy, that it is criminal to disturb their felicity— Whose inhabitants, if united with ours, would de- stroy us, because they have none of the habits of freemen / and who, veil knowing the privileges of their free government, will defend them* to the last. A country which is of no importance \q Great-Britain, and whose loss would not make her feel— a country which is so valuable to Great-Britain, that the will never give it up. A country so weak, that it is inglorious to attack it ; and a country so strong, that we can never take it Bat, sir, leaving these, and a thousand other contradictions, the work of fancy or of spleen, I will present to the House, what I believe to be a true view of the aubject^Mrawn from a near residence, and much careful examination. Can- ada is of. great importance both to Great-Britain and the United States. It : is important to Great-Britain in the amount and kind of its exports. In the last year preceding war itS exports amounted to between seven and N nine millions of dollars, an amount almost as great as the exports of the United States preceding the revolutionary war. And had the most discerning states- man made out an order, he could not have selected articles better adapted to the essential wants of Great-flritain. It has been said that Canada is of less value than one of the sugar islands of the West-Indies. Sir, in the present state of the world, Canada is of more importance to Great-Britain, in my opinion, than the whole West-India islands taken together. In danger, as she is, of being shut out from the Baltic, and fighting for her exist- ence, she wants not the luxuries, the sugars and the sweetmeats of the West Indies— she wants the provisions, the timber and the masts of the North. Canada is also of the greatest importance to the United States, in a com* mercial, financial and political point of view. I have in a great measure explained its commercial importance already' by stating its exports ; a large portion of which were the products of the U nited States. Let an attentive observer cast his eye for one moment on the map of North America ; let him bear in mind, that from the 45th degree of latitude the waters of Can- ada bound for a vast extent one of the most fertile, and which will become one of the most populous parts of the United States ; and he will readily perceive, that the river St. Lawrence must soon be the outlet for one third of all the products of American labor. The same circumstances will ena- ble us tQJay an impost on one third of our imported articles. Nor will the evil to our revenue end here. Great-Britain will be enabled to smuggle her goods through this channel into all parts of the Union. It will be in vain that you attempt to counteract her bylaws ; from the great length and con- tiguity of her possessions, she will forever evade them, unless by your laws you can change the nature of man. But its greatest importance is in a po- jLflti CONGRESSIONAL REPORTER. 173 litical point of view : for although not as happy in its government as the U- tilted States, it is sufficiently so to draw* off multitudes of our new settlers, -wfcen the intermediate? lands of the State of New- York, whi^ separate it from New-England, shall be fully occupied. From this circumstance it will divide the American family, and by the commercial relations, which t have pointed out, it will exert a dangerous influence over a part of our country ; for the transition from c6mraercial dependence to political allegiance is too obvious to be insisted on/ Having endeavored to shew the importance of Canada to both of the contending nations, I wijl only add that if is within cur fiowcr. * ** ^ . The fourth objection Is, that we cannot support the war— that we have not the ability to carry it on. Before I proceed to answer this objection, per- mit me, sir, to notice a singular inconsistency of the gentlemen by whom it has been urged. It is this—- in one part of their argument, they represent the people as too hafifiy to enlist, and in another part, as too po or to pay I Botli of these propositions, I presume, cannot be true. Not to dwell longer however upon this contradiction, I do maintain, sir, that the nation js rally able to prosecute the war. On what does the ability of a nation depend ? A person who will give himself the trouble of examining things, rather than words, will find, that ft is proportioned to the number of laborers] and the productiveness of their labor. Wherever from soil, climate, or. improve- ment, the labor of a country will' produce more than a supply of the neces- saries of. life, it is evident, that the surplus time may be devoted to idleness, to the production and consumption of luxuries, or to the carrying on of war. To illustrate this further— suppose the labor of a person five days will sup- port him for six, then it is clear, that the labor of five men will support the sixth man, in idleness or in war. Now, sir, there is no where that the labor of seven millions of people will produce so much, as in this countfcp ; con- sequently, no where have seven millions of people so great an ability to carry on war. v The quantity of circulating medium, whether made of pa- per or of silver dollars, has very little to do with the subject. If it is made of paper , and to a great extent \ it only shews that the people are in their habits commercial; and that the faith of contracts is well supported.. ' The real ability of a nation lies in what t have stated ; and he must be a weak politician, who cannot call it forth. Mr. Speaker, I will now consider the last, and by far the most important objection of all ; and one, without which, I ce*fcainly would not have spok- en. It is, that in consideration of all the circumstances in which we are placed, it is the duty of this House to withhold the means of further prose- cuting the wtar. It will not be denied, I trust, that this is a fair statement of the scope and object of most of the reasonings, which have beon employ- ed ; and that, without this construction, they would be irreconcilable with common sense. This doctrine, in my opinion, goe^, not only to the over- throw of our constitution, but to the destruction of liberty itself. The prin- ciple of our government is, not only that the majority shall rule, but that they shall rule in the manner prescribed by the constitution. So that if it could be proved, that a majority of the people were in favor of certain meas- ures, it would not be sufficient, tiU they had pronounced that decision thro* the constitutional organs. In short, it must have been a principal object with the framefs of our constitution to suspend, at least for a limited time, the effects of popular opinion. The constitution has committed the legist iative power to three co-equal branches ; and to the same hands has it in- trusted the power of declaring war ; while it has expressly confided the treaty-making power (and which alone can make peace) to two only of those branches. The claim now set up, goes to invest that branch, which has . no authority in the matter, not only with the treaty making power, but also wfth a complete control over the two branches. Thus one branch of the government forcing the nation to desist from doing what three y including it- s / i o r 174 CONGRESSIONAL REPORTER. self, had thought best to^ier/orm. Lot us test the correctness of this pn*< qipha by apphing it to another co-equal branch of the government Let us suppose t k President has made a treaty of peace, which is disapprove by the Senate-*~and suppose upon this he should say, the war ought not fur- ther tdfee prosecuted, and refuse to employ the public force, would you not impeach him I Most unquestionably you would.' I expressly odmit,that cas- es may be imagined, where such a course would be proper — where it would tofc not only the duty of this house to withhold supplies, but where it would be the duty of an individual to- resist the laws > but such are ex . re me cases, »ot provided for by any organization of government. What, sir, has been thepraCtice of the Britffh House of Commons ? Have they ever refused supplies, because a war was unpopular, since the revolution ? Did not the same parliament, which resolved, that they would consider any man as an enemy of his country, who should advise his majesty to the further prosecu- tion of offensive war w America, still vote the means for carrying on the war* A similar case occurred when Mr. Fox came last into power — he dis- approved of the commencement, .and conduct of the war, and yet he call- ed for and received the necessary supplies. Let us examine our own histo- ry : In the case of the British^ treaty, the* House, by a call for papers, at- tempted to superintend the treaty-making power, before it would make the necessary appropriations. The encroachment was instantly resisted by the great man, who then* presided ever the government ; and his decision was approved by the nation. Is- not the duty of furnishing the. necessary supplies stronger, now we are.engaged in war ? And that too, declared by ajl the branches of the government ! Sir, these temporary sacrifices of our own washes to the constitutional decisions of our government, are the price we pay for liberty, and all that is dear to us. Once withheld, anarchy and ty- ranny ^#lae! I am one who ardently longs for peace. I see in it, not only tile present prosperity of the country, but a long train of republican virtues ; and I would spring to embrace it on the first fair occasion. But much as I de- sire it, I Vould not purchase it by submission to the enemy of my country, or by the smallest violation of the constitution. Much, sir, has been said about French and British' influence; There is nb such, thing in this House, or in this nation-sunless by British influence is meant, what has been derived from an inheritance of her excellent laws, £hom her language and her writers, who have done honor to mankind. Who- is there, that feeis in his own breast this French, or British influence ? And where is the man, who dares to ascribe to his respectable fellow citizen, feelings which in himself he would abhor ? No, sir, the evil is of another kind ; it is party f it is the magic of names, by which men of equal intelli- gence, who nave the same ties to society, and the same interest in the we}- tttrerof their country, are torn asunder. We take our sides like boys for a game ; and, in the ardor of competition too often forget our country ! In the great contest which is now going on in the world we are all of one side— Our country is the stake, and the last republic on which the sun shines; Here man, enlightened and free, is placed as it were, in a second garden ; the fruit of life is' union, and near it grows the fruit of disunion and death. The attempt to divide us must have been originated in Pandemonium by the great enemy of mankind ; and his first effort must have been, to insti- gate us to tall each other by opprobrious name$. Should he at last succeed in producing our downfall, and the expulsion of republicanism from Amer- ica, '* Earth" would once more ** tremble from her entrails as again in pangs, and nature giv ( e a second groan.** But, sir, I will not indulge the melancho- ly idea : I will. not anticipate a; time wheri this splendid hall shall crumble into fragments, and this fair republic, reared bv the, immortal Wasmngtons, Franklins and Clintons of our country, shall itself become a more deplora- ble, a more melancholy ruin ! I will hope-that there is a redeemiug spirit CONGRESSIONAL REPORTER. \7$ r ' ' in the land, and timt a, guardian Provider* Will j*ai/watck oyes tfre, dea? tpiiesofour infant country. Mr. BOTD Mr. Speaker, it is with great diffidence that I address the chair* When the bill now before the Heust was under discussion on Saturday last — that is, the then proposed a- mendmeut to insert 18 months instead of one year— I 'was offering my reasons why I thought that that amendment ought to prevail^ when, unfortunately for me, I was considered as taking too great a latitude, ana prevented from connecting my remarks. As there* is little difference in point of principle, a$Mhe bill then: was and" imw.is, I embrace this opportunity to make up a deficiency, and! will now take care to stick as olose as possible to the text* Sir, I am opposed to passing the bill to a tbjrd reading, because I believe it to be altogether inadequate to the purpose intended to be accomplished by it. Sir, when I last addressed the chair, I x then took a retrospective view of our past expectations* from, which we expected to derive great advantages. Such were the; expectations of that time, that 1 did not accord with them. Those* expectations have not been realized ; but, instead thereof, we have met with disappointments and misfortunes. I thought that view- ing the errors of the past, was. the most certain way to avoid the future ; and I am not at this time sepsible of that being errone- ous. ■ <► Mr r Speaker, I am an old man, and riot In the habit of public speaking : and if I have not the faculty of composing my argu- ments in so connected a form as a lawyer's, special pleadings, J- hope the House, will excuse me, and grant; me their indulgence to do it in 6ueh form as my capacity will admit of. [ The Speaker observed, that it was unpleasant to the chair " that the gentleman should indulge in sueh remarks ; he had cer- tainly no wish not to give full latitude to debate 3 .} Mr. Boyd said he stood corrected, and was allowed to proceed; Then, Mr. Speaker, X object because, in my opinion, it is not eat culated to produce the desired effect or- that which is intended by it — that is to, raise a force competent to the conquest ofthe Can- , adas in the given time, t will ask how many regiments you have in your present establishment; Say thirty-five, and you add twen- ty, making together fifty-five, what use is therein multiplying^ regiments without men ? The Chairman did state, that from pru- , Oential motives, he had thought it inexpedient to give the num- ber now actually in service, or eitlisted. Sir, it is not my wist to go into a strict enquiry—the regard I have for the honor of my country forbids me ; but I will suppose 17,000, and I believe that is large — then there is left nfficers for 18,000 men. Are these not sufficient for the recruiting service ? to engage every man who is willing to serve hik country ? to place a recruit* iag officer in almost every town and village in the United States ? t » • • 176 CONGRESSIONAL REPORTER. They are $ and, therefore, you ought not to create an unnecessary addition. If the present establishment is not full, what is the reason ? Either that the pay and bounty are not sufficient induce- ment,^ there is a dislike to the service — your creating more regiments .will not remove that difficulty. I am against the bill because the term of service jis too short to answer any valuable purpose* Suppose them intended to operate as a force against Can* ada— Let us see how that will answer the purpose : You send out jour warrants to commence the enlistment olf the proposed troops at this time $ bow long time, is it contemplated, will be necessa- ry for their enlistment ? My opinion is that you will not have th/em half full in four months $ it is then tiipe to take the field qnd they are then raw troops. The hon. chairman ( D. R. Wil- liams) states to you the number of troops necessary for defensive operations, according to his calculation, to be 10,000 ; deducting that number from the present establishment, supposing it to be full. It is not for me to say how far the present establishment is short of the whole number, or will be at that time ; bat we know that it is far short — we do not know that it can^be filled ; and if it cannot, then those calculations are fictitious. He also states to you that the regular force in the Canada* is not to be es- timated at less than 12,000, and 3,000 in Halifax besides their mi- litia. According to this and my veiws, you .cannot enter Canada the next campaign with man for man — and surely that is not suf- ficient for conquest in an enemy's country. But I will suppose that you conquer apart of the country; that part must be garrisoned if you will keep it* In a year from the time of enlistment their term expires — and what becomes of your conquest, without force tp keep it, supposing it to be made ? Say that the officers will bo called into service in four months, and there is some of the men enlisted six or eight months hence : the officers must serve until the expiration of the term of the last man engaged, or a derange- ment must Jake place — always a disagreeable occurrence in an army. Sir, if you have not numbers sufficient to bear down all oppo&i- sition, invade it not — act on the defensive until you have engaged your men, and for a term of time sufficient to answer your pur- pose ; fthen may you count upon success and honor. I do not say that I believe land conquests Will produce an acknowledgement of our rights on the ocean : I believe it will not ; but unless you act with great regularity, system and economy, you cannot avoid it— -you must meet with nothing but disappointments and dis- grace, . \ V ~\ CONGRESSIONAL REPORTER. 177 m Mr. BRIGHAM.~Mr. Speaket, the bill under confidera- tion, if pafl&l into ja law, will deeply affeft my conftituents and the public in general. It provides for profecuting this war on a more cxtenlive fcale — it is a kind of fecond declaration of waN The objefils of conqueft are multiplied ; the field of operation is enlarged ; the army inuft be increafed with the addition of 520,000 regular troops ; and ^enliftments encografeed by addi- tional bounty and wages. Sir, this is the fyllem and arrange- ment to projfeeute the fcheme of foreign in vafion. One error fre* quently prepares the way for another—we pre new unhappily involved in the calamities of war — and the queftton is, how we fhall profecute and fupport it. Mr. B. faid that he had been uniformly, and in principle, op. pofed to this war j; and of courfe, oppofed to all the meafures connected, with it * that in his opinion this war was both polit- ically and morally wrong— that it was declared without iuitable preparation, without neceffity, without an army, without ade- quate refources, and without unanimity — it has been profecuted Without fuccefs-- We havealfo gained nothing but lofs, defeatand difgrace— the people are alarmed dt the lofs of their peace, dis- tfeffed with thefrujts of the war, and have feribus apprehenfions of what rqay be the future meafures of Congrefs on this fub- Sir, continued Mr. B. this war is of an ofFenfive charafler; it is a war of conqueft, tofaUylriconfiftent with the fpirit and ge- nius of bur corrflitution> and if profecuted in the prefrnt divid- ed ttate of the country, I fear it may befatal to our moft valua- ble mftitutions. Republic?, fir, ought never to be engaged in a foreign, pfienfive war , they are calculated only for ckfenfive war. ^ ^ . Sir, there is fomething unaccountable, that the difpofition to profecute this war fhould iricreale, as the caufes of the war de- creafe ; and the means and ability to carry it ort leffen. The war which we now have on hand, is predicated principally on- the orders in council. The impreffment of ft amen during the kft fefiion of Congrefs, was confidered of minor importance f and as a proper fubject of negotiation betweeruhe two nations, and was fo confidered in the days of general Wafhington— in thofe of Mr. Jefferfon— and why not now by Mr. Madifon ? ^ Siir, the orders in council, which interfered with our neutral rights, are revoked. The Prefident, in his meffage, at the commencement of this feffion, declared the fa£l, and the war now reftsfolely on the fubjeft of impreffnunt. I do not believe the proiecuting of this war will have a tendency to bring abput an amicable and fatisfaflory adjuftment on the fubjc^l, and at the end of the war, if it ever ceafes, this queftion' of impreffment xnuft be fettled^ by treaty. Sir, at this time, and under thefe circumftances, we are cal- led on to augment our Handing army to the number of 55,000 Vol, IL-J4o. 12. bbjiatm. J 178 CONGRESSIONAL REPORTER. regular troops, to profecute this war with vigor, and, as foroe fay, for gipry. Sir, if this fyftem of warfare is carried into effedt, we fhall unavoidably create an annual expense of nearly 40 millions of dollars — and where is your money to defray this expenfe ? why you muft take it from the pockets of our coiiftituems, and from fhofe who are oppofed to this war ; and if you fitii of obtaining the neceffary loans, you muft flop payment ; the nation will be- come bankrupt : and future generations will be loaded with an enormous vie bt. Sir, can this be for the honor and the intertft of the Ameri- can people ; can it be for the* fatisfa£Uon of our conflituents • are theyin love with this war ? Are they prepared to barter a- wayxheir property and their peace for the hazards and fatigue of a forrtgn war, which promises nothing but povetry land dfis- trefs ? It is impoffible. Sir, it is laid that we are now about to make one fublime rtiilitary effort, which fhall do honor to this nation — that with thefe troops we are to take, not only the Can- adas, but Halifax and Nova Scotia, and for ought I know Eaft Florida — follow up the Tippecanoe expedition and t xt< rmm- ate the Indians. Mr. B. laid that he never had known the in- cipient caufe nor by what authority general Harrifon made bis incuriion into the wildernefs — beyond where the United States had extinguifhed the Indian titles, and deftroyed the ]Propht T s town — but faid that he hoped the time would come, whenhe fhould know the merits of that enterprize. Mr. B. faid, if the friends of this bill $nd of thfcwar could ac- complifti their darling, ohjeft, fubdue and take poffeffion of the Cana m\ and ajl the other Brjtifh provinces ii\ North America, in his opinion it would be a great public misfortune— fatal to the civil liberties of the country, and change the charafiler of our government. ■ ■ • Sir, faid Mr. Bigdow, with Ihefe impreffiape I deprecate the taking of the Canadas, or the other Britifh provinces as I do the lofs of liberty and the ruin of this country. This war cannot be perpetuated and profecuted without violating the laws ofhumanaty andjuftice — the laws of religion and mbrality— and thefe lawsarfe tot>e refpe&ed as well by nations as by indi- viduals — and we have not only reafbn to believe, but do believe, that the God of armieswho fuperintends the concerns of men* will give fucct fs to our arms, or blaft our enterprize, according to its moral ejiaradter. If the Canadas are fubdued and conquer- ed, it muft be done by force of arms, and what have the inhab- itants of thofe provinces been guilty of, which warrant this gov- ernment in putting them to the fvvord. Sir, they are nowjnoffenfive, and quietly purfuing their own bufinqfs — they are content under their own adminiftration— they are protected by their own government and are net panting for the liberties of this country, as was vainly fuppofed the laft fea- son, nor do thejc afk us to„jelieve them from the oppreffion of ] \ CONGRESSIONAL REPORTER. , 179 . their own government* which general Hull, in his tender merty proraifed them, in his pompous proclamation, on the condition that they ,\vouki revolt from their rightful fovereign, and put . themfdves under his gracious protection ; nor were they terrific ed by, the threat of extermination if found, fighting in their own defence by the fide of an Indian— nor were they to be deduced from their allegiance by promifes which could not be performed. No, fir, nor do they afk any favor but that you ceafe from troub- ' ling. Sir, they will not fubmit, and they have told you by their aflual refiftance, that they will defend themfelves, their coun- cils, their firefides, their wives, and their children, their rights and their property ; and they are not to be fubdued but at the price of bldod* And where is your authority, where is your rigjht to go home, invade and break into a foreigrl territory, and there eftablifh a flstughter houfe for the brave' fons of America ; there fpill your blood, and expend your treafute, deflroy cities, demolifh houfes, plunder the inhabitants, and wafle the fub- ftance of the induftrious and the innocent. Sir, there is no right but a Napoleon right, and not that which reafon approves. Sir, there is no man in chriftendom who is fo abandoned to moral fentiment, or to the feelings of humartity, as dare fay that . he delights in the fight of the agonies of death — why then will you fall on the unoffending and put them to the fvvord— and \yhat are we to gain by it ? He laid that he faw nothing to be obtained, but a negociation with the Briufh government, on the fubjeft of impreflment. Sir, no man will fay that this war is a vindictive war — or that we can fubdue the government ofG*» Britain— why then purfue it ?— The advocates of this bill fay in reply, that the war is commenced, and we muft profecute it or fubmit— fubmit t© what ? Sir, to my mind we fhiJI fubmit to nothing— by abandoning this war, and making open and direft overtures for an honoraple peace — but to the dictates of found - policy, and the wi!h of our conftituents. It has been obferved, that we cannot give up this war confiftently with the honor of .the nation. Why, fir, the honor which we may acquire in fu- ture, by profecuting this war, is uncertain — if we reafon from analogy, and from the fa&s before us, that have grown out of the laft fix months war ; we have nothing to hope for on the fcore pf honor. And if we continue the war for the four years ' to coaie, in my opinion the nation .will be as deftitute of honor, as of money. Sir, the honor of admimftration coilfifts in pro- moting the peace, the profperity and happinefs of the people. We cannot progrefs in this war againit the public fentiment— we muft have the people with us : if they want war they will have it, and they muft put th^ir hands in thei^ pockets and pay forit-^and it is equally true, that if thty are oppofed to this war they will put it down- x ' Mr. B. laid, that the war was becoming more and more un« popular in the eaftern ftates,' efpecially in the ftate which he had he honor to reprefent, and they had in their late elections* come 180 CONGRESSIONAL REPORTER. m r i forth and declared it in a voice and language which cannot be mifunderftood. And whtther there will be a majority in the next Congrtis in favor of this war was uncertain-— he hoped nor. Mr. V B. fa'uU he had hiard gentlemen fay* that if wt were u- nited, we could proftcute this \yar with iff £l» a«d take the Can- adas ; fo he could faj , that were we united* wtf lhould negotiate an honorable peace, #nd put an end to the horrors and perplex- ities of war— -but this Has not the fail, we were hot united ; we were a divided pe©pl< . Sir, faid Mr B* we differ in fentiment on the bill under confi K ration, and who is in fault ? If 1 differ from you, it is txcaufe you differ from me, and if we are eqttaL ly hon< ft, I fhall confuler it your misfortune, and not your fault. Mr. B. did, he could not uhite with the friends of this bilb in firofecudng the war without violating his own underftind\ngaod tnfo ofdutj— the government had already fufflr^d greatly from discord and difference of opinion — the body politic had hen groaning undi r the weight of difeafe, and for feveral years pad had been in a high ftate of fermentation. And, for the laft twelve months had a naujea — i>ut he faid, if the dole of axes which were prepared laft ft ffion, had been promptly adminiftered, in bis opinion, the nation would have difgerged the morbid matter, and by this time have been reftored to a confirmed (late of polit- ical health. > Mr. B. clofed by faying, that be hoped the people of the U. S. would learn wifdofo by the evils which they had been made to fuffer : and that this houfe would not ' aggravate their di(lrc&> not increafe their alarm by the paffmg of this bill. Mr. QUINCY. .Mr. Speaker, I fear that' the ftate of my health may prevent my doing juftice to my fentiments, concer- ning this bill. I will, however, make the attempt, though I fhould fail in it. The bill propofes that 20,000 men fhould be added to the ex- ifling military eftablifhment. This, at prefent, confiftsof 35,- 000 men* So that Hie eff.£t of this bill is to place, at the difpo- fal of the executive, an army of £5,000. It is not pretended, that this addition is wanted, either for defence, or for the relief of the Indian frontier. On the contrary, it is exprcfaly acknowl- edged, that the pnfmt eftablifhment is fufftcn nt for both of thofc objects. But the purpofr, for which thefe 2Q,000 men are de- manded ib the invasion of Canada. This is unequivocally a- vowed by the chairman of the committee of Military Affairs, (Mr. p Ri Williams) the organ, as is admitted, of the will'and the withes of the American cabinet. The bill, therefore, brings? necvflarily, into deliberation, the conqueft of Canada, either v as an objetl, in itfelf, defirable, or conieqiKiitially advantageous, by its effefl, in producing an ear- ly and honorable ptace. Before I enter upon the djfeuffion of thofe topics, which nat- urally anfe from this ftate of the fubject, I will afk your indulg- CONGRESSIONAL REPORTER. 181 cnce, for one moment, while I make a few remarks upon this intention oithk American cabinet, thus unequivocally avowed* I am induced to this from the knowledge* which I have, that this defign is not deemed to be firiou.s by fome men of both parties ; as well within this houfe, ak but of it. I know that fome of the friends of the preknt adminiftration do confider the pro- portion as a mere ft int, made for the purpofe of putting a good face upon things, and of (lengthening the hope of a fuccefsfui negotiation, by exciting the apprehenlions of the BrLtifh cabinet for the fete of her colonies. I know, alfo, that fame of thofe, whoare oppofed in political fcntiment, to the men, who are now at the head of affairs, i-mgh at thrfe ichemes of invafion ; and deem them hardly worth controVcify, on account of the ineffi- cency of the American cabinet, and the embarraffment of it9 refources. ^ I am anxious that ho dbubt fhould exift, upon this futyeft, cither in the houfe, or in the nation* Whoever coniiders the object of this bill, to beany other than that., which has befcn a - ▼owed, is miftaken. Whoever believes this bill, to be a means \ of peace, or any thing elfe, than an inftrument of vigorous and long protratted war/ is grievously deceived. And whoever aft$, under fuch miftake, or fuch deception, will have to lament onejof the grofK ft, and perhaps one of the rnoft critical errors, ofhis political life. I warn, therefore, my political opponents ; thofe hoheft men. of whom I know there are fome. who, pay*, ing only a general attention to the courfe of public affairs, fubmii the guidance of their opinions to the men, who (land t at the helm, not to vote for this bilh under any belief that its objeft is - to aid negotiation for peace. Let fuch gentlemen recur to their beft experience, on firniiar occasions. They will find that it has been always the cafe, whenever any obnoxious meafure is about to be paft, that its palfige is affifted by the aid of fome fuch collateral fuggeftions. No fooner do the cabinet perceive that any potion, which they intend to adminifter, is loathecLby a confiderable part of the majority, and that their apprehenfions are alive l< ft it lhould have a fcowering effect upon their popu<* larity, than certain under-operator^ arc fet to work, whole hud*' m fs it is 10 anufe the minds, and beguile the attention, of the parit nt, while the dole is fwallowin*. The language always is — -'* Truft tlv Cabinet dolors. The medicine will not oper- ate as you imagine, but quite another way.'* After this manner the fears of men are allayed, and the purpofes of the adminiftra- tion are attained, unc&r fuggeftions, very different from the true motives. Tiius the efribargo, which has fince been unequivo- cally acknowledged to have been intended to coerce G. Britain was adopted, as the Executive afTerted, " to fave our efllntiai relo'irces.'' S'*al(o. when theprefeot war was declared againft G- Britain members of the Houfe were known to ftate, that they voted for it, under the fuggeftion that it would not be a war of ten days } that it was known that Mr. Fofter had inftru&ions to y 182 CONGRESSIONAL REPORTER. * make definitive arrangement?, in his pocket ; and that the Uni- ted States had only to advance to the point of war, and the whole bufinefs would be fettled. Ancf now, an army, which in point of numbers, Cromwell might envy, greater than that with which Caefar pafled the Rubicon, is to be helped through a reluctant ^ Congrels, under the fuggeftion of its being only a parade force, to make negociation fuccefsfui > that it is the incipient ftate of a project, for a grand pacification I I warn alfp ray political friends. T4iefe gentlemen are apt to ! place great reliance on their own intelligence and fagacity. Some * \ ot thefe will tell you, that the invafipn of Canada is i upofiible. They afk where are the men — where is %*money to be obtain- ed ? And they Jalk very wifelv concerning commoh fenfe and common prudence, and wilWnow, with much learning* how this attempt is an offence agai aft both the one and the other* But, fir, it has been my lot to be an obferver of the character and condii£tof the men now in power, for thefe eight years. paft. And I ftate without hefitation, that no fcheme ever was, or ever will be ttje&cd by them, merely on account of its running counter to the ordinary deflates of common fenfe and common prudence. Onr the contrary, on that very account, I believe it morjs likely to be both fuggefted and adopted by them* And what may appear a paradox, for that very reafon, the chance is rather increafed, that it will be fuccefsful. • I could illuftrate this polition twenty ways- 1 fball content mj> felf with remarking only upon two ipftances, and thofe recent ; the prefent war, and the late invafion of Canada. When wara- gainft G. Britain was propofed at the laft feffion, there were i thoufands in thefe U. States, and I confcfs to you, I was myfelf . among the number, who believed not one word of the matter. I put my truft in the old fafhioned notions of common fenfe, and common prudence. That a people, which had been more than ■ 2©} years at peace, fhould ent^r upon hoftilities, againft a people ivhich had been 20 years at war ; that a natiQn, whofe army & navy were little more than nominal, fhould engage in war whh a nation pofleffing one of the belt appionted armies and the mod povyerfuf marine on the globe? that a country, ta which neu- trality Jiad been a perpetual harveft fhould throw that great bles- fing aw^vTor a controverfy in which nothing was to be gained, and everything valuable put in jeopardy ; from thefe, and innu- . merable ljke confederations* the idea seemed fo abfurd, that I ne- ver once ' »tert*ined it as poffible. And now, after war has been declared the whole affair feems fo extraordinary and fo ir- reconcilable to any previous fuggeftion of wifdom and duty, that I know not what to make of it or how to believe it. Evehat this moment, my mind is very much in the ftate of certain Penn- fyivania Germans, of whom I- have heard it afTerted, that are taught to believe, by their political leaders, and do at this mo- ment confider the allegation, that wrfr is at prefrnt exifting be- tween the U. States and G. Britain, to be a "federal falsehood." ; ■ ■ .•■ < . ■ ,/' . " • . CONGRESSIONAL REPORTER. , 183- It is jaft fo with refpefl to, the invafion of Canada. I heard of ; it laft June. I laughed at the idea, as did multitudes of others* as an attempt too abfurd for ferious examination. I was in this j^afe again beat>by common fenfc aiio* common prudence. That the U^States Ihould precipitate itfclf upon the unoffending peo- ple of that neighboring colbny** unmindful of all previeusly fub- iifting amities* becaufe the parent ftate* 3000 miles diftattt* had violated fome of our commercial rights) tljtatwe ihoulc^march % inland? to defend our lhips and feamen ; that with ra\fr troops* haftily collected* miferably appointed, and deftitute of difcipline* we lhould invade a country* defended by veteran force's* at leaft equal* in point. of nurnberfc* to the invading army ; that bounty (hot! Id be offered and proclamations iffued* inviting the fubje£ls of a foreign power to treafon and rebellion* under the influences of a quarter of the country* upon which a retort of the fame na- ture was fo obvious* fo eafy* and in its confeqiiences fo awful ; in every afpeft, the defign feemed fo fraught With danger and difgrace, that it appeared abfolutely impoffible, that it fhould be feriously entertained. Thofe however, who reaioned after this manner were, as {he- event proved; miftaken. The war was de- clared. Canada was invaded. We were in hafte to plunge in- to thefe great difficult'^ and we have now realon, astwell as leis- ure enough, for referet and repentance. ^ m The great miftake of all thofe, who reafoned concerning the invafion of Canada, and concluded that it was impoffifile that ei- ther fhould be feriously^ntended, refulted" from this, that they never took into confideration the connexion of both thofe eVertts ' with the great election for the chief magiilracy which was pen- ding. It never was fufliciently confidered by them * that plung- ing into war with G. Britain was among the conditidns on which fupporjt for the Prefidency was made dependent. They did not understand that an invafion of Canada was to be in truth only a mode of carrying on an ele&ioncering campaign. But fince events have explained political purpofes, there is no difficulty in feeing the connections between proje&s and interefts. It is now apparent to the moft mole-fighted how a nation may be difgraced, and yet' a cabinet' attain its de- 1 fired honors* All is clear. A country may be ruined, in mak- ing an-adminiftration happy. I faid, Mr. Speaker, that fuch ftrange fchemes, apparently ir- reconbileable to common ienfe and common prudence, were on that very account, more likely to be fuccefsful. Sir, there is an audacity, which fomt times (lands men inftead both of genius and ftrength. And moft affuredly, he is moft I likely to perform that, which no man ever did before, I and will never be likely to do again, who has the boldnefs td \ undertake that, which no man ever thought of attempting, in r time paft* and no man wilt ever think of attempting in time fu- ture. I would not, however, be underftood as intimating, that ' this eabinet proje£l of invafion is impracticable, either as it re* m CONGRESSIONAL REPOTER. pefts the colle£lion of means and inftruments, or in the ulti- mate refult. On the contrary, fir, I deem bpth very feafible. Men may be obtained. For if forty dollars bounty cannot ob- ;ain them, an hundred dollars bounty may, and the intention is explicitly avowed not to fuffer the attainment of the defired irmy to be prevented by any vulgar notions of economy. Mo* ley may be obtained. What, by means of the increafed popu" larity, derived from the augmentation of the navy, what, by op- sning fubfeription offices in the interior of the country, what, by targe premiums* the cupidity of the monied intereft may be ;empted beyond the point of patriotic relittance, and all the at- tained means being diverted to the ufe of the army! pecuniary refources may be obtained, ample at leaft for the firft year. And J Ir, let an army of thirty thoufand men be collected, let them be * jut under cogimand of a popular leader, let them be officered i! :ofuit hispurpofes, let them be fluflied with victories, and fee the fafcinating career of military glory opening upon them, and they will not thereafter ever be deficient in refources. If they cannot obtain their pay by your votes, they will colledt it by their own bayonets t and they will not rigidly obferve any air- lines, or water- lines in enforcing their neceffary levies ; nor be j Rayed by abftradt {peculations concerning right, er learned c*n- 1 ftitutional difficulties. * \ I defire therefore, that it may bq diftinfeHy underftood, both |] by this Hbufe and this natidn, that it is my unequivocal belief that the invafion of Canada, which is avowed |>y the Cabinet to be its purpofe, is intended by it; — that continuance of the war ind not peace is jts project. Y£s, fir, as the French Emperor aid concerning ihips and colonies, of our cabipet, the friends of he French Emperor may fay, with rcfpe£t to Canada & Hali- ax~ * They en ter *>*to the scope of its policy." C Mr. ({juincy was called to order by Mr. Hall of Georgia, or intimating that the* members of the Cabinet were friends o the French Emperor. Mr. Quincy faick that he underftood that the relations of am- tydid fubfift between this country and France, and that in jch a ftate ofthings he had a right tofpeakofthe American Cabinet as the friends of France, in the fame manner as he had ow aright to call them the enemies ofG. Britain. The Speaker faid, that the relations of amity certainly did lbfift between this country and France, and that he did not onceive the gentleman from Maflachutetts to be out of order i his expreflions. That it was impoflible to prevent gentlemen om expreffing themfelves fo as to convey an inuendo.'] Mr. Journey proceeded — If ? Mr. Speaker, the gentleman from reorgia afid his political friends fhould take one thing intocon- ieratipn, he and they will have no reafon to complain, in cafe e cabinet be of that immaculate nature he fuppoles. No ad. iniftration, no man #as ever materially injured by any mere * J CONGRESSIONAL REPORTER. 185 •• tntiendof . The ftrength offafire is thejuftnefe of the remark, ^nd the only fting of inventive is the truth of the obfervation. ^ 1 will now proceed to difcufs thofe topics which naturally st- rife out of the bill under confideration and examine the prppo* fed invaiion of Canada, at three different points of vi^w* - 1. As a means of carrying on the feiblifting war. "'■' 2. As a means of obtaining an early and honorable peace, 3. As a means of advancing the perfooal and local projefts of ambition of the members of the American cabinet. Concerning the invafion of Canada, as a means of carrying on the fubfifting war, it is my duty to fpeak plainly and decided- ly, not only becaufe I herein exprefs my own opinions upon the tiibject, but as I confeientioufly believe, the fentiments alfo of a very great majority of that whole fe£tion ot country in whieh I have the happioefs to refide. I say then, sir, that I consider the invasion of Canada as a means of carrying on this war, as cruel, wanton, sensless^ and witked. You will eafily underftand, Mr. Speaker, by this very Hate* ment of opinion, that 1 am not one of those politicians who have for fo many years predominated in the world on both fides of the Atlantic. You will readily believe, that I am one not of thofe who worfhip in that temple, where Condorcet is the high prieft and Machiavel the God. With fuch politicians the end . always 'fan&tfies the means ; the leaftpdffiblegood to themfdves perfetUy juitifies according to their creed, the infli&ing the greateft poffible evil upon others. In the judgment of fuch men if a c6rrupt miniftry at three thoufand miles diftance (hall have done them an injury* it is an ample caufe to vifit with defolatiori a peaceable and unoffending race of men their neighbors, who happen to be affociafced with that miniftry by ties of mere polit- ical dependence* What though thefe colonies be {b remote From the fphere of the queftions in controverfy, that their ruin or profperity could have ho poffible influence upon the refult? What though their cities offer no plunder ? What though their conqueft can yield no glory ? In their ruin there is revenge. And revenge to fuch politicians is the fweeteft of allmorfels. With fuch mtn, neither I nor the people of thatfe&ion ofcoufi- try in whifeh I refide hold any communion. There is between us and them no one principle of fympathy either in motive or §6Hon. That wife, moral, reflecting people which conftitute a great mafs of the population of Maffeahufetts --indeed of all N. England — look for the refources of their political duties no where elfc than in thofe fountains, from which fpring their mor- al duties. According to their eftiraate of human life and its ob* ligations, both political and moral duties emanate from the na- ture of things, and from the efTential and eternal relations which fubfift among them. True it is, that a ftate of war gives the right to feize and appropriate the property and territories of an enemy. True it is, that the colonies of a foreign power are viewed, according to thelaw of nations, in the light of its proper- 186 CONGRESSIONAL REPORTER. i < ty. But in eftinfating the propriety of carrying defolation in- to the peaceful abodes of their neighbors, the people of New- England will not limit their contemplation to the mere ^ circum- flance of abftrafl right nor alk what lawyers and jurifprudifts have written or faid, as if this was conclufiye upon the fyj}je6h That people are much addtded to think for themfelvcsj and in canyaffing. the propriety of fucb an invafion, they will confider the aftual condition, of thofe colonies, their natural relations to Uk, and the effedl which their comjueft and ruin will have, hot pnly upon the people of thofe colonies, but upon themfelves, and their own liberties and conftitufion. Above all, what I know will leem ftrange to fome of thofe who hear me,they Will not for- get to apply to a cafe occurring between nations as far as is prac- ticable, that heaven. defcended rule which the great author and founder of fheir religion has given them for the regulation of their conduct towards £ach other. They will confider it the duty of thefe United States toad t9wards thofe colonels as they would i with thofe colons to afct, in exchange ofcircumftances t owards the fe United States. # 7; Thea£Uial condition of thofe colonies, and the relation in which they flood to th&'U. S. antecedent to the declaration of waifc.wereof this nature. Thofe polonies had no connexion with the queftions in difpute between us and their parent ilate. They had done us no injury. They meditated none to us. Be. tween the inhabitants of thofe colonics and- the citizens of the U. S. the moft friendly and mutually ufeful intercourfe fubfifted. The borders on this, and thofe on the othe fide of the St. Law- rence, and of the boundary line, fcarcely realized that they were fubje&s of different governments. They interchanged expret - fions and a£ts of civility- Intermarriages took place ataong them. The Canadian fometimei fettled in the U. S. ; iometimes our cufcaens emigrated to Canada. , After the declaration of war, had they any difpofition to affail us ? vWe have the revei fe expressly in evidence. They defired nothing fo much as to keep perfcft the th?nfubfifting relations of amity, Would th^s conqueftof thofe colonies, fhake the policy of the Britifli cabinet ? No* marf hasfhewn it. Unqualified aflertions, it is true, have been made but totally uufupported by any evidence, or even thp pretence of argument. On the contrary, nothing was more obvious than that an invafion of Canada mull ftrengthen the miniftry of Grea^ Britain, by the excitement and fympathy which ,would be oc. cafioned in the people of that country inconsequence of thefuf fering of the innocent inhabitants of thofe colonieSj on account* of adilputeih which they had no concern, and of which they had scarcely a knowledge. AH this was anticipated — all' this was frequently urged to this house at the last and preceding session, as the necessary effect of such a jneasui e. The- event lias justifi- ed those predictions/ The late elections in G. B. have termina- ted in the complete triumph of the friends of the British' ministry. In effecting this change, the eabinet of the U, S, in relation to CONGRESSIONAL REPORTER. 187 Canada lias had, undeniably a mighty influence, by the disgust and indignation felt by the British people at a step so apparently wanton and cruel. A -As there was no direct advantage to be hoped fram the c«m- quest of Canada, so also there was none incidental. Plunder there was none— at least, none which would pay the cost of the con- quest. Glory there was none. Could seven millions of people obtain glory by precipitating themselves upon half a million and trampling them into the dust ? A giant obtain glory by cfutfhing a pigmy J That giant must have a pigmy's spirit who could reap qv hope, glocy from such an achievement. Surely a people, with whom we were connected by so many na- tural and adventitious ties, had Some claims upon our humanity. Surely if our duty required that tljey and theirs should be sacri- ficed to our intetests or our passions, some regret mingled in the execution of the purpose. We postponed the decree of ruin until the last mement. We hesitated— we delayed until longer delay was dangereous. Alas! sir, there was nothing, of this kind' or character in the conduct of the' cabinet. The war had not yet been declared, when general Hull had his instructions to put in train the work of destruction. There was an eagerness for the blood of the Canadians — a' headlong precipitation for their ruin, wtych indicated any tiring else rathewthan feelings of humanity, or vis- itings of nature, on account ot their condition. Our armies were on their march for their frontier, while yet peace existed he^veen this country and the parent state ; and the invasion was obstin- ately pursued, after a knowledge that the chief gronmfof contro- versy was settled, by the abandonment of the British orders in eouneil : and after nothing remained but a stale ground of dispute which, however important in itself, was of a nature for which bo man has ever yet pretended that for it alone war would have been declared Did ever one government exhibit towards any people a inore bloody anil relentless spirit of rancor ? Tell not me of petty advantages— -of remote and, possibly, useful contingencies - ^Vhieh inurht arise from the devastation of those colonies. 8htrw" any advantage which justifies the dreadful phial of w*ath which, if the intention of this American cabinet had been fulfilled, would at this day, have been poured out upon the heads of the Canadians. ' It is not owing to the tender mercies of American adminis ration, if the bones of the Canadians are not at this hour mingled with the ashes of their habitations. It is easy enongh to make an ex- cuse for any purpose. When a victim is destined to be immolated . every hedge presents sticks for the sacrifice. The lamb who stands at the mouth of the stream, willalways trouble the water, if you take theaccount of the wolf who stands at the source of it. But show a good to us bearing any proportion to the multiplied evils proposed to be visited upon them. There is none. Kejer was there an invasion of any country worse than this, in point of moral principle, since the invasion of the West-Indies by the Buccaniers, or that of these United States by captain Kidd. In- \ 188 CONGRESSIONAL REPORTER. . deed, both Kidd and the Buccaneers had mere apology, for their deed than the American cabinet. They had at least the hope of plunder ; hut in this case there is not even the poor refuge of cu- pidity. We have hoard great lamentations about the' disgrace of •ur arms on the frontier. Why, sir, the disgrace of our arms on the frontier is terrestrial glory, in comparison with the disgrace •f the attempt. The whole atmosphere rings wkh the utterance from the other side of the house, of this word " glory"-— « glory'* fa connexion with this invasion. What glory ? It is the glory of the tiger which lifts his jaws, all foul ami bloody, from the bow- els of his victim, and roars for his companions of the wood 1 9 come and witness his prowess and his spoils! Such is the glory of Gingbis Khan, and of Bonaparte, Be such glory far, very fa*, from my eduntry. Never, never may it be accursed with such fame* " Fame is no plant that grows on mortal soil, Nor in the glittering soil. Set juff to the world, nor in broad rumor lies, Bui lives and spreads aloft, by those pure eyes, Atid perfect witness of all iudging Jove, Ashe pronortnees lastly on each deed/' May twieh fame as this be my coup try's meed ! Bui the wise arid thoughtful p^&ple of our northern section will Bet confine their reflections to the duties which result from the aetual eomhtion of those colonies, and their general relatieas to the United States; they will weigh the duties the people of the U. States owe to themselves, and contemplate the effect which the subjugation of those Canadians will have, upon our own liberties and constitution. Sir, it requires but little experience in the na- ture of the human character, and but a vevy limited acquaintance with the history of man, to be satisfied that with the conquest of the Canadas the liberties and constitution of this country perish. Of all nations in the world, this nation is the last which ought to admit, among its purposes, th& design of foreign conquests. States, such as are- these, connected by ties so peculiar : into Whose combination there enters tiecessarilv numerous jealousies tad fears ; whose interests are not always reconcile? bl? ; and the passions, education and character of whose people, on many ac- cennts, are repugnant to each other; with a constitution made merely far defence ; it is impossible that an association of inde- pendent sovereignties, standing in. such relattois to each other, should not have the principles of its u'lioi and the hopes of its constitution materially affected 'by 'the collection of i la*ge mili- tary force, and its employment in tho subju^atitM of neighboring territories. It is easy to see that an army, collected in such a state of society, as that, which exists in this- country, where wa- ge* are high and subsistence easily to be obtained, must he com- posed, so far as respects the soldiery, for the. most pwt of the re- fuse of the country; and as respeets th.voi'fieers, with some hon- orable exceptions indeed, must consist in a considerable degree, s CONGRESSIONAL REPORTER. 189 of men desperate sometimes in fortune, at others in reputation; " choice spirits ?' men ** tired of ihe dull pursuits of civil life," jwho have not virtue or talents to riser in a caldiand settled static of tilings, and who, all other means of advancement or support, -wanting or failing, take to the sword. A body of thirty ar fifty thousand such men, combined, armed and under a popular leadvr, is a very formidable force, » They want only discipline- »nd ser- vice to make them veterans. Opportunity to acquire these, Canada will afford. The army whieb advance's to ihe walls 4» Quebec, in the present condition of Canadian preparation, must be veteran. And a veteran army, under a popular leader, flush- ed with victory, each individual realizing, that while the body remains combined, he may be something, and possibly very great — -that if dissolved, he sinks into insignificance/ will not be disv banded by vote. They will consult' with one another, and with their beloved chieftain, upon this subject ; and not trouble them- selves about the advice of old people who are knitting and weav- , ing^in the chimney corners at Washington. Let the Americ&a people receive this as an undoubted truth which experience will verify- Whoever plants Uie American standard on the walls of Qjubec., conquers it for himself \ and not for the people of these U- nited States Whoever lives to see that evenU--may my head be low in the dust before that happen !— will witness a dynasty es- tablished in that country by the sword. He will see ja king or an emperor, dukedoms and earldoms and baronies, distributed to the officers, and knight's fees bestowed on the soldiery. Such an ar- my will not trouble itself about geographical lines, in portioning cuit the divisions of its new empire : and will run the parallels of its power by other steel than that of the compass. When that event happens, the people of New-England, if they mean to be free, must have a force equal to defend themselves against such an aruiy. And a military force equal to this object will itself be able to enslave the country, Mr. Speaker — When I contemplate the character and conse- quences of this invasion of Canada ; when I reflect upon its crim- inality and its danger to the peace and liberty of this once happy country! I Chaukthe great Author and source t>f all virtue, that through his grace that section of country in which I have the happiness to reside, is in so great a degree free from the iniquity of this transgression. I speak it with pride, the people of that section have done what they could to vindicate themselves and their children from tjie burden of this sin. The whole seeiion has risen, almost as one man, for the purpose of driving from power, by one great constitutional effort, the guilty authors of this war. If they have failed, it has been not through tho want of will or of exertion, but in consequence of the weakness of their their political power. When in the usual course of divine prov- idence, who punishes nations as well as individuals, bis destroy- ing ongel shall on this account pass over this country— and soon-, er or later, pass it will*-*! may be permitted to hope that over > i • 190 CONGRESSIONAL REPORTER. . m New-England hi9 hand will be stared. Our souls are not steeped in the blood which has been shed in this war. The spirits of the unhappy men who have been se£ to an untimely audit, have borne to t\ye bar of divine justice no accusations against us. This opinion, co.tucrning the principle of this invasion of Can- ada is not peculiar to me. Multitudes who approve the war de- test it. I believe this sentiment is entertained, without distinc- tion by almost all the moral sense, and nine-tenths of the intel- ligence of the whole northern section of * the United States. I know* that men from that quarter of the country will tell you. differently. Stories of a very different kind are brought by all those who coijie trooping to Washington for place, appointments and emoluments ; men who will say any thing to please the ear tfr do any thing to please the eye of Majesty, for the sake of those fat contracts and gifts which it scatters ; meft whose fa- thers, brothers ami cousins are provided for by- the departments; whose full grown children arc at suck at the money-string ureasts of the treasury ; the little men who sigh after great of- fices ; those w r ho have judgshipa in land or jndgships. in promise ; toads that live upon the vapor of the palace ; that swallow great men's spittle at the levees ; that stare and wonder at. all the fine sights which they sec there, and most of all wonder at them- selves — how they got there to^see them. These men will tell you that New-England applaud^ the invasion; But, Mr. Speaker, look at the elections. What is the language they speak ? The present tenant of the chief magistracy reject- ed, by that whole section of country, with the excrfptioaof a sin- gle state, unanimously. And for whom ? In favor of a ^aao, out of the circle of his own state, without much influence, and personally almost unknown. In favor of a man against whom the prevailing influences in New England hail previously strong political prejudices ; and with whom, at the time of giving him their support, they had no ^ political understanding; in favor of a man whose merits, whatever in other respects they might be, were brought into notice, in the first instance, -chiefly so far as that election was concerned, by their opinion of the utter want of merit of the man whose re-election they opposed. Among the causes of that universal disgust which pervaded all New-England, at the administration- and its supporters, was the general dislike and contempt of this invasion of Canada. I have taken some pains to learn the sentiments which prevail on this subject in New England, and particular^ among its yeomanry, the pride and the hope of that country. I have conversed with men resting on their spades and leaning on the handles of their ploughs, while they relaxed for a moment from the labor by which tliey support their families, and which gives such a hardi- hood and character to their virtues. They asked — *« what do we want of Canada ? We have land eftough. Do we want plun- der? There is not enough of that to pay the cost of getting it. Are our ocean rights there ? Or is it there our seamen arc heJd i « CONGRESSIONAL REPORTER. 191 in captivity ? Are new states desired ? We have plenty of those already. Are they to be held as conquered territories? This will require aij army there. .Then to be safe, we must have an . army here* And with a standing array, what security for our liberties i" ' ' These are no fictitious reasonings. They are the suggestion* * I doubt not of thousands and tens of thousands of our hardy New England yeomanry f men who when their country calls at any /wise and real exigency, will start from tlieir native soils and throw their shields over their shoulders like ihe soldiers bf Cad* in us, '■« armed with complete Steele, .f 9 yet men who have4ieard the winding of your horn to the Canada campaign, with the same apathy and indifference with Which they would hear in the streets the trilling of a jews-harp or the twirring of a banjoe. 1 The plain truth is, that the people of- New England have no desire for Canada. Their moral sentiment does not justify, and , thev will not countenance its invasion. I have thus stated the grounds on which they deem, and I have felt myself, -bound to maintain, that this contemplated invasion of that territory is, as it respects the Canadians, wanton and cruel ; because it inflicts the greatest imaginable evils on them, without any imaginable \ benefit to us; that, 33 it reepects the United States, such an in- vastan is sense less, because ultimately ruinous to our political safety ; and wicked, because it is an abuse of the blessings of Di- vine Providence, and $ manifest perversion of his multiplied bounties, to the purpose of desolating an innocent and unoffend- ing people. I shall now proceed to the next view, i proposed to take on this project of invading Canada, and consider it in the light of ■" a means to obtain an early and honorable peace. It is said and this is the whole argument in favor of this invasion, in this as- pect, that the only way to negociate successfully with Great Brit-, ain, is to appeal to her tears and raise her terrors for the fate of her colonies. I shall here say nothing concerning the difficul- ties of executing this scheme ; nor about the possibility of a de- Seiency both in men and money. I will not dwell on the disgust of all New England, nor on the influence of this disgust with res- pect to your efforts. I will admit for the present, that an army may be^raised, and that during the first years it may be support- ed by loans, and that afterwards it will support itself by bayonets. I will admit farther, for the sake of argument, that success is possible and that Great Britain realizes the practicability of it. Now all this being admitted, 1 maintain that the surest of all possible ways to defeat any hope from oegoeiation, is the threat of such an invasion and active preparation to execute It. Those mtist be very young politicians, ther pin-feathers not yet grown, and however they may flutter on this floor, they are not y$t fledged for any higher distant flight, who think that threats and appealing to fear are the ways of producing a disposition to nego- ciate in Great Britain* or in any other nation which understands 192 CONGRESSIONAL REPORTER. what it owes to lis own safety and honor. No nation can yield to threat what it inight yield to a sense of interest ; because, in that ease, it has no credit for what it grants, and what is more, loses something in point of reputation , from the imbecility which eon- cessions made under such circumstances indicate. Of all nation! in the world, Great Britain is the last to yield to considerations of fear anlll terror. The whole history of the British Ration i« r one tissue of facts, tending to shew the spirit with which she meets all attempts to huily ami brow -beat her into measures in- consistent with her interests or her policy. No nation ever be- fore' made such sacrifices of the present to the future. No nation ever built her greatness more systcmieally, on the principle of a haughty self-respect, which yields nothing to suggestions of dan- ger, and which never permits either ability or inclination to maintain her rights to be suspected. In all negoeiations, there- fore, with that power, it may be taken as a certain truth, that your chance of failure is just in proportion to the publicity and obstrusiveness of threats and appeals to fear. ^ The American cabinet understand all this Very well, although this House may not. Their policy is founded upon it. The proj- ect of this bill is to put at a still further distance the chance of amicable arrangement, in consequence of the dispositions which the threat of invasion of their colonies, and attempt to execute it will excite hi the British nation and ministry. I have some claim to speak concerning the policy of the men who constitute the American cabinet. For eight years I have studied their his- tory, character and interests. I know no reasons why I should judge them severely, except such as arise from those inevitable conclusions* which avowed principles and distinct conduct have impressed upon the mind. I say, then, sir, without hesitation, that in my judgment, the embarrassments of our relations with Great Britain, and keeping alive between this country and that a root of bitterness has been, is, and will continue to be, a main principle of the policy of this American cabinet. They want not a solid settlement of our differences. If the nation \vill support them in it, they wiH persevere in the present war. If it will not, some general arrangements will be the resort, which will leave open opportunities for discord; which on proper occasions will be improved by them. J shall give my reasons for this opinion. I wish no sentiments of mine to have influence any farther than the reasons upon which they are founded justify. They are public reasons, arising from undeniable facts : the nation will judge for itself. r y ; The men who now* and who, for these twelve years past, liave, to the misfortune of this country, guided its councils and directed its destinies, came into power on a tide, which was raised and supported by elements constituted of British prejudices and Brit- ish antipathies* The patties which grew up in this nation took their origin and form at the time of the adoption of the treaty • . CONGRESSIONAL REPORTER. 1*3 efrociated by Mr. Jay, in 1794 The oppcfition of that day, of 'hich the men now in power were the leaders, availed them* rives, very dexu roufly, of the relics of that hatred towards the !t\tilh name which remained after the revolutionary war. By trpetually blowing upon the embers of the ancient paffions, tiey excited a flame in the nation $ and by fyftematically di- i eftirtg it againft the honorable men who at that time conduced ts affairs, the ftrength and influence of thofe men were impaired, rhe cmbarratfments with France, which fucceeded in 1798 and 799> were turned to the lame account. Unfortunately, thofe vho then conducted public affairs attended lefs totheap? >earance of things, than to their natures ; and confidered more vhat was due to their country than was prudent, in the ftate of he prejudices and jealoufics of the people, thus artfully excited igainft them. f J hey went on, in the codrfe they deemed l right, regardlefs of perfonal confequences, and blind to the evidences ' otdifcontent which furrounded them. The confequences are well known. The fupreme power in thefe U. S. paffed into the hands which now poffefs it ; in whicK it has been continued down to the prefent time. This transfer of power was effe&eii undeniably, principally on the ground of thefe prejudices and antipathies which exifted in the nation againft Great- Britain ; and which had been artfully fomented by the men now in power and direfiled againft their predeceflbrs. The fe prejudices and paffions conftittvte the main pillar of the power of thefe men. In my opinion, they never will permit it to be wholly taken away from them. They never will permit the people of this Country to look at them and their political opponents, free of that jaund- ice with which they carefully imbued the vifion ot their own partizans. They never will confent to be weighed in a balance l of mere merits ; but will always take care to keep in referve fome portion of thele Britifh antipathies, to throw as a make- weight into the oppofite, fcaU\ whenever they find their own fink- *■ ing. To continue, multiply, ftrengthenand extend'thefe props of their power, ha been and ftill is the ebjcfV of the daily ftudy rod the nightly vigils of our American cabinet. For this the ■ ritifh treaty was permitted to expire by its own limitation ; twithftanding the ftate of things which the treaty of Amiens produced in Europe was fo little like permanent peace, that " e occurrence of the fa&ion which the force of the limitation pended, might eafily have been queftioned, with but little vi- ence to the terms, and' in perfect conformity with its fpirit. r this a renewal of the treaty of 1794 wa$ refutscd by our cab- et, altho' proffered by the Britifh government. For this the taty negotiated by Mtflrs. Monroe and Pinkney in 1807 was jefted. For this in 18 11, fifty thouiand dollars were paid out of public treafury to John Henry, for th£ obvious purpofe of en- ' ing the American cabinet to calumniate their political oppo- ts, on this very point of Britifh influence, upon theeve of e* ions, occurring in Maflachutetts, on the event of which thft Vox.. II.— No. 13. DEBATXS. iSm. 194 CONGRESSIONAL REPORTER. perpetuation of their own power was materially dependant. Mr. Speaker, fuch men as thefe never will permit a fiate of things to pafs away, fo efiemial to their influence. Be it peace or war, arrangement or boftiKty t the aflbciation of the Britifti antipathies in the minds of the maf* of the community, with the charaflera of their political opponents, conftitutes the grtat magaafce of their power. This compofes their whole political leader. Itis» like Lord Peter's brown loaf, their ** beef, mutton, veal, vcni-1 ion, partridge, plumb-pudriing.and cufiard." From the time of the expiration of the Britifh treaty of 1794, and the refufai to renew it,the American cabinet have been care, fill to precede negotiation with fome circumftance or other, cal- culated to make it fail, or at leaft to make a fuccefsful refult lefe certain. Thus in 1806, when, from the plunder of our com- merce,by Britilh cruifers,a negociation*notwithflanding the obvi- ous reluctance of the cabinet, was forced upon (hem, by the clamors of the merchants, the non-importation law of April, io that year, was obltru&ed between the two countries. - In the courfe of the debate upon that law, it was oppofed upon this ve» ry ground, that it was an obftacle to a fuccessful negociation* It was advocated, like the bill, now under dufcu ffion, as an aid to fuccefsful negociation. It was alfo laid by the opponents of that .. law of 1806, that G. Britain would not negociate, under its ope- ration, and that arrangement attempted under proper aufpices, could not be difficult ; from the known interefts and inclination of that nation* What was .the confequence ? Precisely that which was. anticipated. The then Pn fident of the U. States was neceffitated to recommend a fufpenfion of that law upon the j openly avowed ground of its being expedient to give that evi- dence of a conciliatory difpofition really, becaufe, if permitted to ] continue in operation, negociation was found impradicable. Af- r ter the fufpenfion of that law, a treaty was formed. The mer- its of that treaty , it is not within the fcope of my prefent argu- ment to discufs* It is fufficient to fay, it was deemed good e- ' nough to receive the fantfion of MefTrs. Monroe and Pinkney. It arrived- in America, and was 'rejcfcled by the authority of an individual apparently becaufe of the infufficiency of the arrange- ment ^bout imprelFment. Really, becaufe a fettlement with G* d Britain, at that time did not " enter into the fcope of the policyPfl of the American cabinet. The negociation was indeed Tenewed, ] but it was followed up with the enforcement of the non-import- j ation law,and the enactment of the Embargo. Both^which fteps ; were dated at a time, as they proved afterwards to betof a nature toraake hopelefs fuccefsful negociation. In this ftate of executive power of this nation formally paft into j Hew hands, but ftibftantially remained under the old principle of a£Hon, and fubjVSt to the fomer influences. It was defirablc that a fund of popularity fbould be acquired for the new admin- iftration. Accordingly an arrangement was made with Mr. Er- CONGRESSIONAL RfcPORTEfc. 1^ Cine, and noqudlions afked, concerning the adequacy .of hi* owers. But left tHb circumftance fhould not defeat the propo- se! arrangement, a £la«fe w^s inferted in the correfpondence ontaining an infutt to the JBritifh government, offered in the ace of the world," fuch as no man ever tfave to a private individ* lai whom he did not mean to offend. The Pn fident of the U. \. faid, in fo many words to the perfou at the head of that '§ov- rnment, that he did not underftand what belonged to Hi* own bonor, as well as it was underftood by the Prtfident himfelf. The *ffe£t of fuch language was natural, it was neceflary ; it :oiilcl not but render the Britifh government avtrfe to fandljnn j irlkirie's arrangement. The tffeft was anticipated by Mr. \ Robert Smith then atting as Secretary of State. He obji 6V d <\ ts being inferted, but it was done in the Prefident's own hand vriting. As Mr. Erfkine's authority was denLd by the Brit- sh government, it is well known, that, in fafit, on the point of this indignity, the fate of that arrangement turned. Can any >ne doubt that'our cabinet meant that it fhould have this tffefcl I I fend you word, Mr. Speaker, that I have agreed with your faeflenger, and with you to ratify it. I think you however, nor gentleman, notwithftandin^, and that you do not uffiterftand, as wrell as I, wh:.« is " due to your honor/' What think you fir I —Would you ratify fuch an arrangement if you could help it ? Does a proffer of fettlenaent, connected with fuch language, look like a dispofition or an indention to conciliate ? I appeal to the common fenfe of mankind on the point. The whole ftate of the relations induct d between this couptry and Great Britain, in confequence of our embargo and reftiiflU ive fyftem* was in {aft, a {landing appeal to the fears of the Brit- < ifh cabinet. For notwithstanding thofe fyftems were equal in their terms, fo far as they affected foreign powers, yet their op- eration was notorioufly almoft wholly upon Great Britain. To Field to that pressure or do any thing which fhould fofter in this country, the idea that it was an eflfeftual weapon of hoftility,was nothing more than conceding that (he was dependant upon us. K conceffion, which # when once made, by her, was certain to encourage a refort to it by us on every occafion of difficulty be- teen the two nations. Reafbning, therefore, upon the known h ture of things, and the plain intereft of Great Britain, it was Vetold that, during its continuance, ihe would concede nothings id the evenfhas juftified thefe predictions But the circum* jnce, the mod ftriking, and that furnifhesahe mcrft conckifive ' fidenceofthe indifpofition of the American cabinet to peace " their determination to carry on the war, is that connected ith the pretended repeal of the French decrees, in Nov. 1810* d the confequent revival in < 1811, of our reftriftive fyftem a* pnftG. Britain. (If ever a body of men wer* pledged to any thing, the Anaeri* cabinet, its friends and fupportcrs were pledged for the trucb 196 CONGRESSIONAL RE^ ORTER. of this fact, that the French decrees of Berlin and Milan were definitively repealed as it refpefcls the U. ^pn the firft of Nov. 1810. If ever any body of men ftaked their \yhole ftock of rep- utation upon any point, our cabinet.did it oii this. They anil their partisans afferted and raved. They denounced every man as a Britifli partizan who denied it. They declared the restrictive fyftem was revived by the mere efilft of the proclamation. But left the'Courts of law (bould not be as fubferviefit to their policy as might be wifhed,they paffed the law of the 2d of March, 18 ll f upon the bafis of this repeal, and of its being definitive* The Britilh government refilled, however, ^ to recognize the validity of this repeal, and denied that the Berlin and Milan decrees were jj repealed, on the firft of Nov. 1810. as our cabinet afferted. Thus then flood the argument between the miniftry and ourcab- inet — The Britilh Miniftry admitted, that if che Berlin and Mi- lan decrees were repealed, on the firft of Noy. 1810, they were bound jto revoke their orders in council. ; But they denied that repeal to exift. Our cabinet, on the other ltand admitted, that if the B> rlin and Milan decrees were not repealed, on the firft Nov. 1810, the reftriftive f>ftem ought not to have been re- , vive i againft G. Britain, but they asserted that repeal to e*Hh j Thtewas virtually, the ftate of the queftion between the two countries on this point. And it is agreed, on all bands, that this Tefufal of the Britilh government, to repeal their orders in coun- cil, after the exiftence of the repeal of the Berlin and Milan de- crees as ^flerted by the American cabinet, was the caufe of the declaration of war between the two countrn s. So that, in truth, the queftion of the right of war* depended upon the existence of ' that fa6l ; for if that fa6l did notexift, even the American cabi- \ net did not pretend that, in th£ pofi'ion in which things then ' flood, they had a right to declare war, on account of the continu- ance of the Britilh orders in council. Now, what rs the truth in relation to this all important fa$* . the definitive repeal of the Berlin and Milan decrees on the ill* November 1810 ; the pivot upon which turned the revival of the reftriftive fyftem and^ our declaration of war ? Why, fir, the event has proved that in^ relation to that fa£t the Amercaji cabi- net was, to fay the lead, in an error. Bonaparte himfelf, in a d cre*% dated the 28th of April, 1811, but not promulgated till year afterwards, diftin&ly declares that the Berlin and Milan de- crees were not d< fifvitivefy repealed, as relates to the United Skates on the 1ft Nov. 1810. He alfo declares that they are then on thpt 28th of April? for the firft time repealed. And4ie founds thf jfl\iing of his decree on thr aft of the American Congrefe of the 2d of March, 1811. That very a£t, which was puffed upon the ground of the definitive repeal of the Berlin and, Milan de- er; * s on the 1ft Nov. 1810 ; and which, it is agreed on all fides, the American government were bound in honor not to pais, cept in cafe of luch antecedent repeal. CONGRESSIONAL REPORTER. 197 * v ■ \ J" Wc re ever a body of men fo abandoned, in the hour of need *as the Americah cabinet, in this ipftaoce, by Bonapane ? Was ever any body of men fo cruelly wounded in the houfe of their friend ? TJm* this "was the unkindt ft cut of all/' But how was it lobe received by the American cabinet ? Surely, (hey . were indignant at this treatmi '»•:. Surely the air rings with re- proaches upon a man who has thus made thern ftake their repu- tation upon a falfehood ; and then gives little It fs than the lie di- refcl, to their affertions. No* fir, nothing of all this is heard fron^ our cabinet* There is a philofophic tanvnefs that would be re- markable, if it were not, in all cafes, aff. fling Bonaparte, char- a&eriftic. All the executive of the United States has found it in his heart to fay, in relatipn to thislaft decree of Bonaparte, whitih contradicts his previous allegations and aflevtratioris is that* "This proceeding is rendered by the time and manner of it, liable to many qbJKlions« f 1 have referred to this fubjedt #s being conne&ed with future couduQ, ftrikingly illuftrative of the diipofition of the American cabinet to carry on the war, and of their intention if poffible, not to piake peace. Surely, if any nation had a claim for liberal llbatment from another, it was the Britifh nation from the American* after the difcovery of the error of the, American gov. ernment, in relation \o the repeal of the Berlin and Milan de- crees, in November 1810; In cpnftquence of that error, the American cabinet had ruined numbers of our own citizens, wha had been caught by theTevival of the; non-intercourfe law; they had revived that law againft Great-Britain* under circumftances which now appeared to have been fallacious; and they had de- clared war againft her, on the fuppofition, that fhe had rtfufrd to repeal her orders in council, after the French decrees were in fa& revoked ; whereas, it now appears that they were in fa£t not revoked. Surely the knowledge of this error was followed by an inftant and anxious defire to redrefs the refuiting injury. As the Britifh orders in council were in fa& revoked, on the knowledge of the exiftence of the French decree of repeal, furely the American cabinet at once extended the hand of friendthip ; met the Britifh government halfway ; flopped all further irrita- Ittion ; and ftrqve to place every thing on a bafis, beft fuited to ^promote an amicable adjuftment. tJo, fir, nothing of all this occurred* On the contrary, the queftion of impreffments is made the bafis of continuing the war. On this fubje£t,'a ftudied fairntCs of proportion is preferved, accompanied with fyftematic ; perfeverance in meafures of hoftility . -An armiftice was propofed by them. It was refufed by us. It was acceded to toy the > American General on the frontiers. It was rejefled by the , cabinet — No confideration of the falfe allegation on which the war in fafl was founded ; no confideration of the critical and extremely co»fequentialnature to both nations of the fubjeft of mp reflment ; no corifiderations of humanity, interpefcd their I 19$ CONGRESSIONAL REPORTER. i | influence. They renewed hoftilhies. They rufhed upon Can-; ada. Nothing would fatisfy tliem but blood. The language qf their conduc;! is that of the giant, in the legends of fancy— Fee, faw, fffiv.fum, # i" smell the blood of an Englishman, Dead or alive* I nvill havf some ! Can fuch men pretend that peace is their objeft ? Whatever vnav refult, the pcrfeft conviction of my mind is, that they have no luch intention, and if it come it is contrary both to their hope and expectation. I would not judge these m*n feverely. But it is my duty to endeavor to judge them truly; and to exprefs fearlessly the re- fult of that judgment whatever it/may be. My opinion f refuhs from the application of the well known principle of judging con* cerning men's purpoles and motives :—To confider rather what \ , men do, than what they fay ; and to examine their deeds in con- nexion with predominating paffions and interefts ; and on this bafis I decide. In making an eftimatcof the intentions of thofe or any other politicians, 1 make little or no account of pacific pretentions. There is a general reluctance at war, and defire of ; peace whic 1 ! pervades the great mafs of every people ; andartfcl i rulers could never keep a nation at war any length of time* be- Jrond their true interefts. without fome f .crifirc to that general ; ove of peace which exifts in civilized men. Bonaparte himself Will tell you that he is the moft pacific creature in the wo r Id. Ht* has already declared, by his proclamation to the Frenchmen* that he has gone to Mofcow for no other end" than to cultivate peace and counteradt the Emperor of Ruffia's defire of war. to this country, where the popular fentiment has fo ftrong an im- pulfe On its affairs, the fame obtrufive pretention muft inevitably ) pe preferved- No man or fct of men ever can or will get this country at war, or continue it long in war, without keeping on band a flout round ftock of gulling matter. ^ Fair proportions will always be made to go hand in hand with oflenfive acts. And when fomething is offered so reafonable that no man can doubt but it will be accepted, at' the fame moment fomething will be done of a nature to embarrafs the project, and if not to defeat at leaft to render its acceptance dubious. How this has been i^g pad time, I have (hewn. I will now illuftrate what is doing anS intended at ptfttnt. — i As from the uniform tenor of the condufl of the American cabinet, in relation to the Britilh -government, I have no belief ] that their intention has been to make a folid arrangement with, fbat nation ; so, from the evidence of their difpofition and in- tention exifting abroad < and on the table, J have no belief that fuch is at prefrnt their purpofe. I cannot poflibly think other* wife, than that fuch is not their intention. Let us take the cafe into common life* I have demands, Mr. Speaker, againft yon, Very juft iq their nature, but different. Some of recent, others CONGRESSIONAL REPORTER. 199 t>f very old date, The fbwner depending upon principles very ,clearty in. my favor. Th^ latter critical, difficult and dubious, both in principle and Fettlement. In this ftate of things and during yonrablence I Watch my opportunity, declare enmity/; .throw myfelf upon your children ant^ Fervants and propqpy, 'which happen to be in my neighborhood and do them all the in- jury I can. While I am doing this, I receive a messenger from you, ftating that the grounds of the recent injury are fettled ; that you comply fully with my terms. Your FervanU and children, whom I am plundering and killing, invite me to ftay my hand until you return ? or until Fome accommodation can take place be- tween us« m But, deaf to any Fuch Fuggeftions, I profecute my in- tention of injury to the utmoft. W hen there is reafoii to expeft your return, I multiply my means of injury and offence. And nofoonerdo I hear oF your arrival, than 1 thruft my lift into your face, and fay to you— J 4 Welt, Fir, he^e are fair propoFitions of fettlement — come to my terms, which are very ju ft— -Settle the old demand in my way, and we will be as good Friends as ever V\ Mr. Speaker, what would be your condudt on Fuch an ©ccafioh i Would you be apt to look as much at tne nature off the propoFitions, as at the temper oF the aflailam i If you did not at once return blow for blow, and injury for injury, would yotj not at leaft take a little time to conFider ? Would you not tell fuch ah affailant, that you were not to be bulliednor beaten into any conceffion ? If you fettled at ?ll, might you not confid* erit your duty in fome way to make him Fed the conFequences of his ftrange intemperance of paflion ? For myfelf, 1 have no Jueftion how a man of fpirit ought to a'fit under fuch circum- anccs. I have as little, how a great nation, like G. Britain, wiy a6t. Now I hive no doubt, fir, that the American cabinet . view this (hbjeft in the fame light They underftand well, that , by the declaration of war, the invaFion oF Canada, the refusal of * an armiftice, and perfeverance in hoflilities, after the principal ground of war had been removed, they have wrought the minds of the Britifh cabinetand people to a very High ftate of irritation. Now is the very moment to get up fome grand fcheme of pacifi- l cation j (uch as may perfuade the Arnerican people of the in vet* kftate love oFoyr cabinet For peace, and make them acquieFce in Beir perFeverance in hoftilities. Accordingly, beFore the end of rule Feffion, a great tub will be thrown out: to the whale, Proba- bly a little while before the Spring elections, .terms of very fair import will be proffered to Great Britain* Such as perhaps fix > Months ago our cabinet would not have granted* had die foliciu i cdthem on her knees. Such as probably in opinion of the peo- [ Pie oF this country, G» Britain ought to accept ; Fuch perhaps as in any other ftate oftblhgs, fhe would have accepted. Bbt fuch, : *s I Fear^undcrthe irritation produced by the ftrange courFe pur. fued by the American cabinet, that nation will not accept./ Sir, I do noj believe that our cabinet expert that they will be accept- ICO CONGRESSIONAL REPOTER. \ ed. They think the prc&nlt (late of ihduced paffion is fufficiem to pstvent arrangement. But to make affurance doubly fure to take a Ijoncl of fate, that arrangement fhould not hpppen, thej prepare this bill* A bill which propofcs an, augmentation of tl any for the exprefs purpofe of conquering the Canadas. Bin which connected with the recent difpofition evinced by o\ cabinet, in relation to tbofe provinces, afnd with the avowed in- tent of making their furtigation the means of peace, through fear to be ipfpired into G. Britain is as off nfive to the pride o\ that nation as can well be imagined ; and is, in my apprehen- lion, as fure a guarantee of continued^vya^ as could be given. .On thele grounds, my mind cannot force itfclf to any other con* . clufion than this, than the avowed obji'dl of this bill is the tru< one ; that the Canadas are to be invaded the next ftafon ; thai the war is to be protra£kd ; and that this is the real policy the American cabinet. I will now reply to tbofe invitations to "union," which have been so obtrulively urged upon us. If by this call to union is meant an union in a projefl for thr invafion of Canada or for the invafion of Eaft-Florida, or for the cpnqueft of any foreign coun- try whatever, either as a means of carrying on this war or for any other purpofe, I anfw^r diftin&ly ; I will unite with no man nor any body of men for anyfuch purpofr s. I think fuch pro- jects criminal in the higheft degree, and ruinous to the prosperity of thefe dates. But, if by this invitation is meant union in pre- paration for defence, ftndlly fo called' ; union in fortifying our v feahoard ; union in putting our cities into a ftatr of fafety ; un- ion ki railing fuch a military ibrce as fhall be fufficient with the ''<■ local militia in the hand of the conftitutional leaders, the ex^cu- tives of the ftates to give a rat'^nal degree of fecurity againft any invafion ; fufficient to defend bur frontiers, fufficient to awe into filence the Indian ; tribes within our territories? union,, in creating fuch a maritime force as ihall command the feas on 1 the American coafts, and keep open tire intercourfe at leaft between the ftaUs/ if this is meant, I have no hefitation ; union on fuch principles vou ihall have from me cordially and • faithfully. And this too, iir, without any reference to the ftate ; of my opinion, in relation to the juftice or neeeffity of this w«uy^ Becaule I well underftand fuch to be the condition of man ii^| focial compact, that he mud partake of the fate of the fociety to which he belongs, and rnuft fubmit to the privations and facri- fices its defence requires, notwithftanding thefe may be the re- fult of the vices or crimes of its immediate rulers* But there is a great difference between fupporting fuch rulers in plans of ne- ceflary felf-dv -fence, on which the fafety of our altars and fire \ \ fides effentially depends^and fupporting them -in proje&s of for- ' eign invafion, and encouraging them in fchemes of conqueft and * ambition which are not only unjuft in themfelves, but dreadful !■> \n their conferences ; inafmuchas, let the particular projedk I CONGRESSIONAL REPORTER. 201 * refult as it may, the general -efil 61 muft be, according to human view, deftruttive to our own domeftic liberties and conftitution. I fpeak as an individual, fir, for my tingle iilf, did I fugport iuch projtds, as are avowed to be the objects of thi& bill I fhouid deem myielf a traitor to my country. Were I even to aiKl them by loan or any. other way, I fhouid coiriklcr myfelf a paYtaker in the guilt of the purpofc. Qut when thele projects of invi (ion ihall be abandoned ; when men yield up fchemes which not enly openly contemplate the raifing of a great military force, but ilfo the concentrating them at one point and placing tliem in one hand ; fcherrus obvioufly ruinous to the fates of a free rcpubic; as they compreht nd the means by which fuch have ever here- tofore been deftroyed ; when I fay fuch fchemes ihall *fe abin- doned, and the wiihes of the cabinet limited to mere defence aid frontier and maritime protection, there will be no nctd of rails to union. For fuch objects there is not, there cannot be but die heart and one soul in tbis people. ? I know,^lr. Speaker that while I utter these things a thousand tongues and a thousand pens are preparing without doors to ove- whelm me if possible by their pestiferious goal — Already I h^r in the air the sound of the " traitor*' — *<• British agenV 9 — *« B iehgold" — and all those changes of vulgar calumny, by which imaginations of the mass of men are affected, and by which th are prevented from listening to what is true and receiving w is reasonable. . j Mr, Speaker, it well becomes any man standing in the present of such a nation as this/ to speak of himself seldom, and such man as I am, it becomes to speak of himself not at all; except i deed when the relations in which he stands to his country are li tie known and when the assertion of those relations Has some co flexion* and may have some influence op interests which it is p culiarly incumbent upon him to support. x Under this sanction I say, it is for a man whose ancestors ha\ been planted in this country now for almost two centuries; it not for a man who has a family, and friends, and character, a children, and a deep staHe in the sail $ it is not for a man who self-conscious of being rooted in that soil as deeply and as exel sively as the oak which shoots among its rocks ; it is not for sue a man to hesitate or swerve a hair's breadth from his country* purpose and true interests, because of the yelpings, the howling and snarling of that hungry pack which corrupt men keep direetl or indirectly in pay, with the view of hunting down every ma who dare de vol ope their purposes ; a pack composed it is true o tome native curs, but for the most part of hounds and spaniels o very reeent importation, whose backs are scarred by the lash, an whose necks are sore with the collar of their former masters. 1 fulfilling his duty, the lover of his country must be obliged to breast the shock of calumny. If called to that serviee he will meet the exigency with the same firmness as should another occa- j (Sb 802 CONGRESSIONAL REPORTER. sion call, ha would breast the shock of battle. No, sir, I am not to be deterred by pueh apprehensions, May heaven so deal with j»e |Hid*pune, as I am true or faithless to the best interests of $W& people ! May it deal with me according to its judgments when I ain |p bring men and measures to the bar of public opinion, and to'eppose projects and systems of policy which I realize to bo ru- ' piois to the peace, prosperity and liberty of my country ! Tfhis leads me naturally to the third and last point of view at Trhjch I proposed to consider the bill as a means>for the advance meit of the object of the personal or local ambition of the member* qf \he timerican cabinet. With respect to the members of thatt cabinet, I may almost literally say I know nothing of them ex- cejt as public men. Against them I have no personal animosity. I tnow little of them in private life and that little never made me aiibitious to know more. I look at them as public men wielding {Hirers and putting in operation means and instruments, materi- als affecting the interests and prospects of the United States. It is a curious fact, but no less true than curious that for these trelve years past the whole affairs of this country, have been laaaged aud its fortune reversed under the influence of a cabinet jttle If ss than despotic* composed, to all efficient purposes, of i/oo Virginians and a foreigner* When I speak of these men at Virginians, I mean to cast no odium upon that state, as though it Kere not entitled to its full share of influence in the national cown- iJs ; nor when I refer to onp of them as being a foreigner do I .intend thereby to suggest ayy counexions of a nature unworthy or iuspicious. I refer to these circumstances as general and undoubt- ed facts which belong to the characters of the cabinet and whietl .cannot fail to be taken into view in all estimates of plans and pre- fects* so taps as man is constjltuted as he is and so long as the prejudices and principles of childhood never fail to influence ia different degrees, in even the best men, the course of thinking and notion of their riper years. 1 might have said perhaps with strict propriety, that it was a cabinet composed of three Virginians and a foreigner ; because one© w the course of the twelve years, there has been a change of one of the characters.' But, sir, that change avus notoriously matter of form rather than substance. As it respects the cabinet the principles continued the same | the interest the same ; th)ob~ jeets at which it aimed, the same. I said that this cabinet had been during those twelve years littla less than despotic. This fact also is notorious. During this whole period the measures distinctly recommended have been a- dopted by the two Houses of Congress : with as much uniformity and with as little modification, too, as the measures of the British ministry have been adopted during the same period by the Dritisk parliament. The connexion between cabinet councils and parlia- mentary acts is just as intimate ia 'the oue country as in the other. CONGRESSIONAL RElPOfcTER. 203 I said that these three men constituted to all efficient purposes the whole cabinet. This, also is notorious. It is true that during this period other individuals have been called into the cabinet. But they were alLof them comparatively minor men, such as had no great weight' either of personal talents or of personal influ- ence to support them. They were kept as instruments at, in the iftate of irritation, which has been prodtit?59? in Great Britain, by the continuance of the war after the repeal of the orders in council and by the pertina- cious perfeverance in the threats and preparation to invade Canada, will it is expected, be rejected by her. This, it is fop- posed will give popularity to the war* in this country* The forty dpllarsbounity will, it is ho^ed, fill the ranks. The army for the conq rest of Canada will be raised— To be commanded by whom ? ; — This is the critical? question. The answer is in every man's mouth. By a member of the Afnerican cabinet ; by one of three- -by one of that '* trio"— who at this momenU constitute the in hoie cabinet. And the man who is thus inten- ded for the command of tfrc great ft armyjhis new world ever contained ; an army* nearly twice as great as was, at any time, the regular army of our revolution ; I say the man who is inten- ded for this great truft /is the individual s vjhois notoriously, the selected candidate for the next Presidency ! < Mr. Speaker, wh^n I afiert that the prcfent f cretary of (late, who is now the frcretary of war. is d ftined, by a cabinet, of %\4iich,hei hi mf If, constitutes one third, for the command of this army, I, know thai I assert intentions to ex ill, which have not yet developed themselves, by an official avowal. The truth is, the moment for an official avowal, has not yet come. The cabinet must work along, by degrees, and only (hew their cards • < CONGRESSIONAL REPORTER. 207 as they piay them. The a*ro y jmust be authorifed. The bill for the new major.generals rfjuft be pafled. Then, upon' their plan it will be found neceffary toconftitute a Lieutenant- General* " And who fo proper,*' the cabinet will cxdaim, 4 *a» one of ourfelves ?*' ifc Andwho fo proper as one of the cabinet ?* all its retainers would refpondfrom one end of the country to the other. I would, willingly, have poftponed any aniirtadver- fions upon this intentiop of the Cabinet, until it fhould have been avowed. But, then it would have been too late. Then, the 55,000 men, would have been authorised, and -tlte nf ceffity for a lieutenant general, inevitable,— Sir, I know very wdll, that ; this public ani mad verfion may, pofGbly, ftagger the cabinet, in its purpot . Th^y may not like to proceed in this defigh, after the public eye has been directed diftinfiMy upon it. And the exiftence ot it will be denied, and its partizafls will assort that this fuggeftion was mere iurmiie. Beitfo. It is, compara- tively, of little importance, what happens to my perfon, or char- acter, provided this great evil can be averted from my country, I conficler the raifmg fuehan army as this, and the putting it un* der the command of that individual, taking into view kis # con- ' ne& ion with the prtfent cabinet, fo ominous to the liberties of this country , that I am not anxious what happens to rat* if, by any conftitutional refponfibility. I can prevent it. However, to tbe end that it may not be thought I have made this assertion lightly-, I Will, briefly, stsftc the evideftot, upon which it is founded, and which to my mind has given perfect sat- . isfaction of the intentions of the cabinet. First. As long ago as last June, it was to my knowledge, as- serted by individuals, connected with the administration, in this and tbe other branch of the legislature, that it was the intention of the American cabinet to place the secretary of state at the bead of the army. — Second. This intention was, early in the present session, dis- tinctly, avowed by members, in this and the other braach of the i -cabinet. , And these members, were intimate with the cabinet, and cenneeted with them in polities ; and; of ail men, the" most likely to fcnow their, intention*^ this can be proved, if denied* l But it will not be. I do not believe there is a man on this floor.. pwbo is not acquainted with the fact, as well myself. r Third. As soon as the session opened, the old secretary at war was hunted down. Fourth. The burden of the whole department of war is, now, transferred to the shoulders of the Secretary of state. This ( great and oppressive trust, which, at the last session, it was seri- ously urged, no single, living wight could besflr, but that it requir- ' ed three persons to support its pressafe, is, riow, cast solely, upon i this individual, who it seems, is able to uphold the mighty mourf- tain of that department, in one hattf, whita h* balance* the de- partment of state in t&* oth«v # 208 CONGRESSIONAL REPORTER. \ Fifth. The secretary of state lias not merely entered into a still life possession of the departmfent of war. He is actively em- ployed in arranging its details, and putting it into a state of pre- paration. This work of drudgery, it can hardly he expected, that any man would undertake, for the sake of an unknown successor unless be had. himself, some prospect of interest in it. Sixth. The secretary of state is no sooner in possession of the department of war, than the plan of a great army, an efficient pe- cuniary bounty, and a brilliant campaign against Canada, is pro- mulgvfted. Of all which, he is the known author ; having com- municated to the committee on military affairs, the whole project not only in general, but in its details. Above all, that no doubt concerning the ultimate purpose, may exist. Seventh. Immediately after the secretary of state enters upon the dutit* of the secretary at war, he puts to adjutant generel Cashing (his question : — " How many major-generals and briga- diers are necessary for an army of thirty-five thousand men V J Now, as 4|iis question was put by authority, and wAs intended to be communicated to congress, and was in its nature very simple, one would have supposed, that it would have been enough, in all conscience to have given tp it, a direct answer; Besides, it is not always thought proper ibr those who are the undergrades of de- partments^ when one question is proposed, to enter hito the discus- sion of another. However, notwithstanding these obvious sug- gestions, oie half of the whole reply of general Cushing is taken up in investigating, not the question, which was asked, but the question oil which the honest adjutant, in the simplicity of his soul, tells tV seeretary, " You hate not required my opinion" The whole of this part of the letter runs thus : — " In this country we have never had a. grade between the com- mander in chief and that of m$jor-general ; hence it was found necessary, in the " continental army," to give the senior major- general the eonunand of the right wing, and to the next in rank, that of the left : which, from the limited number of general offi- cers, oftep left a division to a brigadier, a brigade to a colonel, and a rpgimeiit to a subordinate field officer : but in Europe this difficulty is oJyviatefihj the appointmeut of general officers of higher grades. " From the best information I have been ableio obtain on this subject, I have no hesitation in *aying* that eight major-generals, < and sixteen brigadiers, to command the divisions and brigades of an army of thirty-five thousand men, is the lowest estimate which the uniform practice of France, Russia and England, will warrant and that this is nWh below the proportion of officers of these grades actually employed in the army of the revolution. " As you have not required my opinion, whethen it be necessa- ry to have a higher grade, than that of major-general, I have not deemed it proper to touch upcpi this subjoct, and have confined myself to the number .of major-generals and brigadiers, deemed , CONGRESSIONAL REPORTER. 209 - r • necessary to command the diviljons and brigades of an army of thirty-five thoufand men. Jt way not however, be improper to remark, that if is intended to have no higher grade >than that of Major General, thejr number fhould be increafed to eleven ; fo as to give for the chief command, one for each wing, and one for each divifion of four thoufand men." bus entertaining to fee, how much trouble the worthy adju- tanr takes to irai&refs upon the mind, that the Secretary of State 44 has not required his opinion ," on the Iqbject of a grade higher than that of a major-general. H? even goes fo far as to fay, that " he has not deemed it neceffary to touch on this fubject**' * ' Now, fir t I think he has touched the fubject, and treated it pretty thoroughly too. He has (hewn, not only that it is '* dif- ficult" to do without, but that it is more economical to have a grade higher than a major general. And this too, in an army of only thirty five thoufand men. But when this bill paffeS, the army will confift of fifty five thoufand. Therefplt is then in- evitable, you muft have, in fuch cafe, a grade higher than a major general ; in other words a lieutenant general. Sach»it cannot be denied, is the intention of the cabinet. As lijtle pan it be denied, that th$ Secretary of State, the acting Secretary- of War, is the cabinet candidate for that office. So it has been dif- tinctly avowed, by the friends and confidants of that cabinet. And fuch, I have no question, but what it is known, by every individual in this Houfe. Mr. Speaker, what an aftonifhlng and alarming ftate of things is this ? Thefe men, who eflScienly, have had the command of the nation, for many years, have lb managed its concerns, as to reduce it from an unexampled height of profperity to a ftate of great depreflion-r-not to fay ruin. They have annihilated its commerce, involved it in war. And now the refult of the whole Matter is, that they are about to raife an army of 55,000 men,in- veft one of their own body with its moll folemn command, and he, the man who is the deftined candidate for the prefident'^ chair ! What a grafp at power is this ! What is there In h ijo-^ ry ejiual to it ? Can any man doubt what will be therefuk of this project ? No man can be believe that the conqueft of Can- ^ ada will be effected in one campaign. It coft .the Britifh fix years to acquire it, jvhen it was far weaker than at prcfent. It cannot be Jigped that we can acquire it under three or four years. Arid what then, will be the fituation of this army and our coun- try ? Why, then, the army will be veteran ? and the leader, a candidate for the prefidency ! And, whoever is a candidate for [ the prefidency, with an army of 80,000 veterans at his heels, [ will not be likely to be troubled with rivals, or to concern him- felf about votes. Aptefident elected under fuch aufpices, may be nominally a prefident for years ; but really if he pleafes* a prefident for life. Vol. II.—- Ne. 14. \ jdebatbs. 210 CONGRESSIONAL REPORTER. . i f I know that all this will feem wild and fantaftical to very ma. ny> perhaps to dll who hear me. To my mind it is neither one nor the other. Hiflory is full of events lefs probable, and t ffe&- ed by armies far inferior to that which is propofed to be railed. So farfrom deeming it mere fancy, that I confider it abfolutely certain if this army be once raifed, organized and enter upon a fticcefsful career of eonqueft. The refuit offuch power as &is, entrusted fo a fingle individual in the prefent ftate of parties and piaflions in this country, no man can anticipate. There is no Other means of abfolute fafety but denying it altogether. I cannot forget, Mr. Speaker, that the fphere in which this gf&tarmy is deflined to operate, is in the neighborhood of that fection of the country, where it is probable, in cafe the prefent deftructive meafures be continued in operation, the moft unan- imous oppofition will cxifttoa perpetuation of power }n the prefent hand ; to transfer it to itsdeftined fucctflbr. I cannot forget that it has been diftin&ly avowed, by a. member on this floor, a gentlemen from Virginia too, (Mr. Clay) and one very likely to know the views of the cabinet, that " one object of this army was to put down opposition" Sir the greatnets of this projefel overwhelms my mind. I know very well to what obloquy I expofe myfelf by this devel- opement* I know that it is always an unpardonable fin, to pull the veil froM the party deities of the day ; and that it is of a na- ture not to be forgiyen, either by them or , their worthippei s. I have not willingly, nor without long reflection, taken upon my felf this refponfibility. But it has bepn enforced upon me, by an imperious fenfe of duty. If the people of the northern and eaftern ftates are deftined to be hewers of wood atid draVers of water, to men who know nothing about their interefts, and care nothing about them, lam clear of the gre/at tranfgreffion. If in commoa with their countrymen, my children are deftined to bo flaves, and to yoke in with neferoes, chained to the car of a ibuthern mailer, they at leaft fhall have this fweet confeiousnefs as the confutation of their condition— they fhall be able to fay — • 4 Our Father was guiltless of these chains." ' » Mr. ARCHER faid fo great was the refpect which he, felt for the Boule, ftTdeep was the confeioufneis w hich be entertained in his inability todo'jtffticetoa caufe, effkeiaily one of fo much magnitude and importance, of which he might be the advocate, that he would be doing injuftic/ to his feelings were he nottoex- prefs the weight of the embarraffmtnts which oppreilVd him. But the wide range which the prefent difcuffion had taken, in- volving confiderations of great national intereft, and calling forth the cruel afperities of political intolerance, ieemed to leave him no alternative in the difcharge of his duty, but to repel the un* founded Infinuations whichyhad flown in fo copious a flream from the other fide of the Houfe. Were gentlemen to confine j ', ' CONGRESSIONAL REPORTER. 211 themfelvfes to a temperate inveftigation of the propriety of adopt- \ ing m^afures either recommended by the executive* or propofed by the majority, who is there that would not lifteh with pleafure and fatisfadtion ? But when the liberty of debate was Tproftituted ; in diffeminating the moft unfounded changes, in the indifcrimin- ate abufe of the conftituted authorities of the nation, he could not ** always be a hearer and never reply . The few obiervations he had to make would be without either fyftem or arrangement, - having beftowed no previous confideration on tfie fubject* and fhould be confined not fo * much to the bill for raifing an ad* ditional army, as to the remarks and arguments of tbofe gentle- men who had preceded him on the other fide of the Houfe. - And here (he faid) he hoped tp be permitted firft to notice the charge which had been confidently made by a gentleman » from New- York (Mr. Gold) againft the majority of the Houfe. 4 He had afferted (and he feemed to dwell upon theaffertion with peculiar faAsfa&ion) that war had been declared by Congrds prematurely and withtiut a due preparation : that to embark in a war with a powerful nation, without alarge Handing army was im- politic in the extreme. This principle (laid Mr. A.) in the gen- eral might be true, but it had certainly no applicability to this country. Our government was founded on the broad basis of popular opinion, liable to fluctuation upon the firft appearance of any lyftem which might be calculated to deftroy the liberties of the people. A laudable jealousy of their rulers throbbed in the heart of every man in the country, who would fuze the firft op- portunity to change an adminiftration that would raife a (landing army in time of peace, whatever might be the profefled objedl of fuch adminiftration. From this jealoufy the natural refult would be, that the men who raifed the army would never declare the war which it was intended to wage. He would refer to the ad- • tniniftration of Mr- Adams. An army had been then raifed or attempted to be raifed,to defend the country againft an anticipated French invalio». The professed object was difbelieved, and the people apprehending an invafion of their rights, removed front power the men who had voted for the army. AH our inftitutions were repugnant to a Handing army in time of peace. Anticipa- ■ ted invafion would feldomj u fti fy it, becaufe it might be made a pretext for the purpofe at all times, and with the moft dangerons views. What had bsen faid by the gentleman 1from Maffachu- fetts (Mr. Quincy) feemed to confirm this pofition, for he had cxpreffed his fears of the army,even in a ftate of declared war, I when that army was to be employed out of the limits of the ! country ; and if a jealoufy exifted at fuch time, the conclufion would naturally follow, that it would exift to a greater degree in a time 6f peace. The argument then of the gentleman, if it prp- 1 ved any thing, proved too much,feccaufe itseffeft wouki always be tofruftrate the views of the government and prevent it from going to war to avenge even the grcfleft infult, or to aflert even i 212 CONGRESSIONAL REPORTER. •\ J its moft indifputable rights. But an appeal had been made with, much confidence to the hiftory of all Europe to beer him out in the charge he had made, qnd it had been faid, that^n inilance of a nation's engaging in a war without having a well regulated and difciplined army could not be adduced. This (fit'id JVfr.A.) will be admitted, but he prefuni^d it was incumbent upon the gen- tleman to fht vv that fome analogy exifted between the govern- ment of Europe arjid that (5f the U. States, before his argument could have any application to the fubjefl. There the people had no voice in the fek a £lion of their rulers. There the arbitra- ry will of the monarch was the law of the land, ami his decrees, however oppre (five or obnoxious, were enforced by the hand of 1 power without a murmur or cpmplaint. There each govern- j ment is furrounded by Kingdoms powerful and ftrong, the am- j bit ion of whole nilers prompts them to feize upon every dccafinfi to enlarge the boundaries of their dominions. For one of t'htfc powers, evi n iij the moft peaceful condition of the wgrld, to be deftitute of a powerful and permanent military force, would e- . vince an inattention to its own fecurity and independence, which would demonffrate the incapacity of its monarch to govern his subje&s, or to prekrve the integrity of his possessions. But the diflimilarity of the government and lituation of the United States would (how the inapplicability of the gentkniar^s maxim to this country- Here we are frappily removed by a 'wide extended o- cean from thofe nations, who, upon a declaration of war by us, could overrun the country with a military force, or endanger its civil inftitutions. Here we have a people proudly jealou? of their liberties, whp will put down co'nftitutionally every attempt' in a ftate of peace to raife a military eftablilhment. To have de- layed then the declaration of war again ft England, until the ranksof the army authorifed to be raifed had fcx eircompletely fil- led, would have been a moft certain courfe to have defeated the object which Congrefs had ia view. The jealoulies and fear* which would have been the necessary confequence of fueh delay would have broughrinto power men offar different vi and in every other quar- ter to which the Britiih power extends, were taken on board Britilh men of war and compelled to ferve there as Britifh fub* je&s. In this mode our citizens were wantonly fnatched from their country and their families ; deprived of their liberty and doomed to an ignominious and ihvifh bondage; compelled to fight the battles of a foreign qountry, and often to perifh in them. Our flag has given them no proteftion ; it has been unceasingly violated and our vefTels e&pofed tp danger by the lofs of the men Ct>NGRESSlOMAL REPORTER. , 215 i f f taken from them. That while this practice is continued, it is impoflibie for the United Stales to confider, themfelves an inde- pendent nation* for every cafe produces a new proof of their de- gradation." Thefe reports, by the adoption of the meafiires they recommended, were iandioned by the Congrefs of the U. States, and may] be confidered as furnifhing ftrong, if not full and complete evidence that the legiflative department of 'the go- vernment confidered the impreffment of our feamen as the prin- cipal caufe which impelled them to have recourfe to the lad re- fort of injured nations. The opinion of the Executive had been inanifefted in clear and explicit terms upon the fubjeft, in the ineffage of the chief Magistrate of the 1ft of June, 1812. Thus %ve have thefe concurrent proofs againft the affcrtions of the getr tie man from Connecticut (Mr. Pitkin.) If then C as it appears clearly to have been from the documents before alludid to) that impreffment was the principal caufe of the war ; that it was an injury which no independent nation could fubmit to without (br- rendering a portion 6f its fovereignty ; would it not be admitted even on the ground which had been taken, that to have termina- ted the war, by aefceding to the proportions alluded to, would have been degrading to the nation and haye manifefted the in- competency of the Executive to have condu6ted with firmnefs the helm of ftate which had been fubmitted to his guidance and dire&ioh. And no doubt couid be entertained had liich an e- vent taken place, but we fhould have heard denunciations againft the administration proceeding from the very quarter whence they now flow. Then they would have been made toith infinitely roorejuftiee* becaufe they would have been fupported by reafon and by truth. We fhould have then found the oppofition appealing to^ the fy mpathies of the people, and proclaiming that their moft ineftimabie rights had been furrendered by govern- ment in the pacification, that although they were originally op- pofed to a war when it had once been declared they been aban- doned by the Britifh government. For it cannot be concealed, tha{ unless in the prefent conteft G« Britain can betsompelied to relinquilh her claim to the right of impreffment; unless it, be made the sine qua non, by the American government, to any arrangementjOf the exiflijng differences between the two nations, our claim to exemption from thir practice muft be forever given up, and Great-Britain vy ill ^ feel herfelf at liberty to continue to exercite it with ten-fold rigor and feverity. No language was^ fufficiently ftrong to exprefs the aftonifh- meot with which he iiftened to the gentleman from Mafs. (Mr, Quncy) on yefterday. It was impoflibie for hirn to give utter;- ance to thofe feelings of abhorrence and indignation which were excited in his breaft by the obfervations . which fell from that honorable member. Born and educated in a part of the coun- . try, where even to think of a ieparation of the ftates was almoft a treafoa againft that country, tittle did he dream of hearing in 216 y CONGRESSIONAL REPORTER. t the American Cow*refs fentiments uttered which might eventu- ally lead to io difaftrous and deplorable an event. And he was the more aftonilhed when these doftrines were attempted to be ftrengthened with menaces, and glossed with the colorings of wit and fatire# He enjoyed, however, fome confolation from knowing that "IP/ien satire flew abroad on faction s wing, '* Shortens her iife, and impotetit her sting" ^ - Wheij,the honorablefmember took his feat he felt an inftsnfitfve irapulfe to rife afid vindicate his character from the aiperfions he had fo wantonly caft upon it ; but a night's refle&irm had con- vinced him that either nature had not given him fufficient inge- nuity to wipe them from it, or that they were unfufceptifc>le of vindication When the pen of thctaithful historian fliould re- cord the tragic events which might fooner^or later take place in this country J when poftmty fhould weep over the ruins of the Republic and lament the blood of thofe freemen who (hould have fupported with their lives its conftitution and its liberties, "they ^ould not fail to trace its cause to the true and original fource. That honorable fame which his talents, were fo well calculated to earn would be p^oftrated ; his memory would live, but it wcluld have an immortality which no man would envy, and inftead of , " convincing his descendants that he did not deferve the chains • attempted to be fattened upfon him," he might at leaftgive them reafon to fufpe& that he was unworthy of enjoying thofe liber- ties his fathers had purchafed for him. He had come to the Houfe to day to conjure the honorable member from Mass. as he valued his reputation* as he prized his honorable fame, as he participated in the honor of his country to fupprefs hisfpeech. or to prevent it from meeting Jhe andinjad version of the public eye, at least in the shape in which it was delivered. And he called' upon him by those considerations, before it war loo late, to afrest its progress to the public observation and the public remark. Bat *Jhe feared that the wishes of so humble and inconsiderable a mem- ber of the House could have no influence over the leader of a par- ty. He warned him to he cautious lest he might fall the first victim of those flames which it seemed to be his object to enkin- dle in the eastern section of this Union. He advised him to be- \ / ware lest he should raise a storm in the country, which it would \ be beyond the reach of bis power to allay when perhapb be most \ of all might desire it. It would be in such a season that he would have notning left T>ut the sad consolation to deplore the madness or delusion which could have dictated such conduct. He understood (Mr. Archer said) the gentleman to insinuate that a French influence bad fastened itself upon the country. He would disdain to enter into any reasoning to shew the absurdity of such an insinuation, which was as groundless as it was wipked. Nor would he deem it necessary in the vindication of his charac- ter against the charge of such an influence to retort upon that gen- CONGRESSIONAL REPOTER. 217 4. tleman the charge of a contrary influence, because he would con- sider it a disgrace and dishonor to the country even to suspect that a single indiviual could he found, -who, having first drawn his breath within the limits of theJJ. States would be base endugh to cherish an influence either French or British. Be was, there- fore perfectly willing to declare that he did not believe thfe hon. member from Massachusetts was under British influence. But the gentleman seemed to anticipate a charge of that kind being made against him by the public presses and in prospective declared that he should wholly disregard it. He hoped he might be permitted to say that if the newspapers should attack him in the manner he had anticipated, he ought to remember that the eause of tha attack would lie at his own door and the speech which he had de- livered would form an ample commentary on the charge. Altho* willing to exonerate him v from all British influence awl attach- ment, he could not but believe thaj. he was secretly advocating and -insidiously* endeavoring to effect a disunion of the states. This .seemed to be evinced from the conduct which he had invariably pursued since he had been a member of the House. "What had been the nature of all his speeches ? They had been entirely sec* tional. Had he not often atten>pted x to shew that the interests of a particular section of the Union had been prostrated before the o- -vcrgrown power of another ? Had he not on yc&terday intimated, that a single state was usurping to itself the power of governing the confederacy ? Had be not upon a former and a memorable oc- casion ( memorable alone from the extraordinary sentiments he then delivered) pronounced it as his deliberate opinion " that the bends of the union were virtually dissolved and that it was the du- ty of some of the states to separate, amicably if they could Jorci- bly if they must V 9 Had he not described the present condition of the country as full of gloom and darkness, and hinted, at the dawn of a day which was to succeed ! Had he not in the fictions of a too fertile imagination fancied himself yoked with a slave to the ear of some southern despot, and did he not say that he would prove to his children that he was unworthy of such an ignominious bondage i Could the honorable member from Massachysetts pos- sibly wish to find verified the predietion of the infamous Henry and his still more wicked employers, " that if ever the Congrsss should possess spirit and independence enough to put their popu- larity in jeopardy by so strong a measure as war„the federal states would erect a separate government for their common defence and common interest I 99 For what purpose was he sowing the seeds of a deep-rooted jealousy between the states,and endeavoring to rear them to a destructive maturity ? It could be accounted for in no other way in his esimation, when equal justice had been dealt out impartially to all, by the general government, tha$ by believing, what under other circumstances it would have given him pain even to suspect, that the 1 onorable member was friendly to a dissolu- tion of those bends, which connect us together. For tho expres- 218 CONGRESSIONAL REPORTER. sion of his opinion ho hoped to be pardoned. Facts spoke for themselves, and the conclusion, to his mind seemed fa be irresisti- ble* Notwithstanding all these things the honorable member had professed to be a disciple of Washington ! ! If a deviation from the maxims of a preceptor constituted the definition of a disciple, he knew not what a diseiple was. He should believe rather that he was endeavoring to establish apolitical sect of his own, on the ruins of Washington's principles. He would earnestly advise him to read (for if he ever read be seemed to have forgotten them) the parting admonitions of that illustrious man. Let him have sentiments contained in his farewell address imprinted on his heart in characters which could never be effaced : let his practice strict- ly conform to those precepts : let him unsay what he had said ; then, and not till then would he be entitled to ihe honorable appel- lation of a disciple of Washington. If ever this government should be destroyed— if ever this union should be dissolved, it would be effected by leading -<*nd influen- tial men obtaining elevated seats in the councils of the nation ^. professing a sacred attachment to the constitution of the country and railing and declaiming at its violation in all eases, even wliere ingenuity itself could scarcely torture the acts denouced into an infraction of the most general principle of that instrument. A 1 general distrust excited, a groundless alarm sounded, is not east- y removed or hushed into silence. It heightens the perturbation of the public mind, which, in such a, feverish state but too oftep proceeds to acts, without reflecting on consequences. Against such men, it behoved us to be on our guard, and we had been instruct- ed by* a man, whose instructions ought to be imperative, "to frown indignantly upon the first dawning of every attempt to alienate any portion of our country from the rest, or enfeeble the sacred ties which now link together the various parts.' 5 The honorable member seemed to triumph over the defeats of his country ! Even "The toad u That feeds upon the gloomy vapor of the dungeon,** felt some sympathy for its wretched habitation ; but the honorable member, enjoying the blessings of a free government, had no tears to shed for the misfortunes and disasters of his country. What was generally considered disgraceful to the nation was looked np- *on by him as " glory. 9 ' A war, righteous and just, was represen- ted as " immoral, wanton and cruel." Every thing in the moral as well as political world, were attempted fa be perverted— Virtue was made to mean vice— a love of country, treachery to its inter- est ; an appeal to the sword in vindication of our rights, as a vir- tual abandonment of them — war against one nation, submission to another. If in the present situation of the country he were called upon to define the duty of a good citizen ; he would say that he ought to yield a perfect obedience to the laws-~ihai be ought to further CONGRESSIONAL REPORTER. 219 alt measures for the promotion of the general welfare— that iie ought to aid in the prosecution of the present war, in order thvs a speedj&and honorable peace inight be obtained ; that instead pi denouncing the measures of his own government as "weak and wicked*' he should Vindicate them whensoever, and by whomso- ever assailed : that instead of furnishing fuel to a jealousy of one ^part of the nation against the otbei, he should endeavor to ex- tinguish it, and to promote union and harmony among all parts. "What the reverse of this picture was it did not become him to say, but would leave it to those whose'eonduet and character that re- versed picture fitted to determine* All the rays of light which, emanated from the mind of the ami- able member from Mass; seemed to fall into the dense medium of party spirit, and to be refracted from their proper course. Henee he could not discover a single aet of the administration which met his views of national policy. Hence he had declared that this go- vernment in its ncgociation with G. Britain never wished to ar- / range the differences which existed. Is it possible that this can be believed ? Is is possible that the gentleman himself could be- lieve it ? Have not the Executive during the two last administra- tions in every act manifested the utmost anxiety upon the subject? An impartial history of the numerous wrongs of England against this country will exhibit in the American government an example ^ef patient forbearance which the annals of no other country caa furnish. Had an opportunity been anxiously sought for. to involve us in a war with England, the attack on the Chesapeake would have furnished an excellent pretext. The popular spirit and in- dignation wfts aroused. Had, Congress been convened immediately tifter that event, partaking of the general sensibility, war would have been the consequence. But, anxious to avoid hostilities ev- ery means in the power of any government were resorted te, to preserve peace. Had we not for nearly five years been groaning under the operation of the orders in council I Had not Messrs. Monroe & Pinekney been instructed to propose such terms to the British government on the subject of impressment as would have effectually secured her deserting seamen from being employed in our vessels ? This proposition was not acceded te. And after the treaty which they concluded in 1806, had been rejected by the pre- sident, a proposition was made by our ministers which with a very slight shade of difference was the same offered by our charge d'affairs at London subsequent to the declaration of war. Bad net the present President of the TJ. S. promptly acceded to Mr. Erskine's arrangement ? And had the gentleman forgotten the resolution introduced by himself to return to the President the thanks of the House of representatives for the promptitude with which he had acted in that s^ffair ? Had not the' embargo and non- importation laws of which the gentleman had so bitterly com- plained, been adopted for the purpose of avoiding war? such have been the acts of the Executive, which conclusively shewed their 220 CONGRESSIONAL REPORTER. aversion to a rupture wtth G. B. But what do we find to be tht conduct of the President since the last session of Congress ? So anxious was he for a restoration of peace, that the intelligence of our declaration of tvar had scarcely reached England 'until the terms upon w^ich its calamities might be. arrested were made known to the government of that country. This too was done m opposition to the practice of every country. Terms should be pro- posed by the power committing the wrong. Yet this was done to effect a pacification. Had not Mr. ' Russell urged the subject so far as excite the siuers of lord Castlercagh ? Did not all these j things go completely to disprove what had been said? And did they not clearly manifest that the views of -our government had always been pacific, and that they were entirely. directed to a set- tlement of the differences which existed, upon terms honorable to both countries ? but these things gentlemen bad not recollected, or had endeavored to warp to meet their own purposes. Nothing could reconcile the member from Mass. to the administration. When- pacific measures were resorted to in order to heal th* wounds the enemy were inflicting, the government was then de- clared to be destitute of spirit id vindicate its insulted honor and its violated rights. It was said, the men at that time in power '• could not be kicked into a w^r." And when war has at length heenresortcd to, the gentleman was more clamorous and tenfold hiore eruel in his declamations. The war was denounced as im- moral, anil #ne that might have been avoided if an amicable dispo- sition had existed in the cabinet. These inconsistencies it would become the honorable gentleman to reconcile, and he presumed that some difficulty would be found in convincing any man of intel- ligence that we were solicitous for a war with 6. B. What, sir, desirous of a war with a nation whose flag was proudly waving victorious on every sea, a nation that could transport her armies to the most distant shores ? The idea waste* wild for any man se- riously to entertain. The gentleman had become lately very jealous of a standing ar- my. This be presumed, waa rather in appearance than reality; for in the journals of the last session of Congress, his name would be found recorded as having voted for the bill, for raising 25,000 men, and for filHng up the ranks in the old establishment, a- mouriting to 10,000 more. We have then record^ of evidence that the gentleman, last winter, when the United States were at peace, w r as in favor .of an army of 35,000 men. No jealousy then existed in his mind of an army of that magnitude, even on the peace es- tablishment. He never intended that army for war and inva- sion, for he was opposed to both. And [said Mr. A] he was much mistaken if he had not heard the gentlemen offer as an apology for that vote, he was always in favor of a standing army to a cer- tain extent. But now when the country was engaged in war with G. Britain, an addition to the army of 20,000 men was consider- ed as alarming and dangerous to the liberties of the people. — < N * vV. / CONGRESSIONAL REPORTEB. 22l • v. Friendly as be bad been to that administration that bad raised a standing army in time of peace, the honorable member ought to be the last to feel any apprehensions jp time of war of an army lit- tle larger than that which in time of peace bid received his sanc- tion and approbation, N But upon the subject of impressment, in order to produce if pos- sible* union at home, and to remove from the enemy every pretext -which otherwise she might have for the continuation of that de- w grading practice, he was perfectly willing to give bis sanction to a law which should exclude British seamen from the public ships and merchant vessels of the United States* but ho would not ad- vance a step further in negociation. And if upon the passage of such a law, Great Britain should refuse to terminate hostilities, Ave should prove to the world that no efforts on our part were left unexertejl to bring about a peace not inconsistent with the interest ©r honor of either country. But he despaired of any measure produciug union at home, when it had been declared by the hon- orable gentleman, to whom he had occasion so often to allude that he would not unitc^unless we would give over the invasion of Canada, and cease at once all hostile preparations. Did be wish the government to lay a loyal petition at the foot of the throne, and humbly beseeeli his majesty to forgive us our errors, and take _us under his royal protection ?— 3STo, sir, history would shew that ibis was not a proper plan to pave the way to peace with England. He would consider the proposition of the gentleman, if adopted, asa degradation to the nation, and sooner than submit to it he tyould forego all advantages to be derived from a union of sentir meat. He would continue it^ war until the latest period of his life, arftl his parting breath should be spent irt admonishing his children to continue the contest. Was it possible that we could suffer our native born citizens to be seized by a foreign govern- ment, in violation of every right either human or divine ? «ven in the worst and most degraded periods of the histories of Greece or Home, such an injury would not have been tolerated. There it was considered honorable and glorious to die for one's country. But here self interest, the predominating vice of civil society, has seized upon the heart and frozen up its most generous sentiments. The love of gain corrupts and vitiates the best principles of man's nature, and we are to exhibit ourselves to the present generation, and to posterity, as the standing and solitary monqmeut of a na- tion free and unwilling to assert her rights — of a people jealous of their liberties, and reluctant to vindicate their honor. Yes, sir, (said he) jngloribusly abandon this contest, and we should become " a fixed figure for the hand of scorn to point its slow and moving finger at." Why did we lovethe government under which weliv- ed ? Because of the blessings it was calculated to bestow on us & our#deseendants. y Because it threw around the property and lib- erty of the citizen^ the mantle of its protection. Would gentle- men remove this safeguard and throw the liberty and personal se- lf * y 222 CONGRESSIONAL REPORTER. curity of the citizen open to the violation of every country that felt a disposition to infringe our rights ? Be hoped not. He had too high an opinion of the principles which pervaded the country at large* to suppose sueh a step possible. It had been said by a gentleman from Connecticut, that an m- fenleus catalogue of the causes which had produced the w&r, had eei) drawn up, and that it was folly to have gone .to war .until the cause of it was felt by every roan in the nation. For his part he could not see that much ingenuity was required to discover that our vessels had been pillaged — that our citizens had been seized by British press-gangs — and if he had not discovered it before that « ingenious" catalogue was made out, he had a much smal- ler portion of ingenuity than he had supposed him to possess. He would ask him if the orders in council were not felt in every part of the country ? Did not the eastern states feel them in the de- pression of their commerce $nd navigation ? Did not the southern and middle states feel them in the reduced prices of their produc- tions of the soil? / Mr. Archer declared, that notwithstanding the clamor Of French influence and French alliance, he felt no apprehensions upon that subject, as he was well convinced it was not the intention or wish of our government to engulph us in the unfathomable vortex of European warfare. One word to the gentleman from New York [Mr. Gold] and he had done. It had been considered by him as a most unfortunate circumstance that we should be engaged in a >v&r with Great Britain when Russia was struggling for her inde- pendence. The most amicable relations existed, it was true, be- tween Russia and the United States ; but would the gentleman have us oh that account to submit to every species of indignity from the ally of that power? He beheld with as much detesta- tion and abhorrence the conduct of the French emperor as any man eould possibly do. His ambitious progress was every wtiere mark- ed with blood. The vengeance of Heaven,, he trusted, would ar- rest him in his career to universal conquest and domin- ion. The present condition of Russia, although they groaned un- der a despotism of the most unrelenting nature, must excite the sympathy of every man in this country, because she was contend- ing for her independence — and he would wish her complete success |n the war in which sjie was now engaged, but that her triumph would protract the restoration of peace to his own country. Mr. RHEA said, in examining the merits of this bill, an exten- sive range is taken in opposition to it ; the bill itself is sometimes obscured by recitations of matter of negociation heretofore talked about, and without eflect endeavored by the U. S. Considerable labor and argumentation has been undergone to shew that in bu- siness of negociation England was always right, and continually willing to do right to the U. States, and that the U. States some CONGRESSIONAL REPORTER.' 223 how or other were always so unfortunate as to be doing something precedent which hindered Ibem from obtaining and enjoying the many good things which. England has to bestow and freely give to those who will by due respect and proper submission merit them. Every thing relative to that long and unprofitable negociation, might as well be omitted and left to rest in oblivion, at least in this house ; and especially because the documents containing all the unsuccessful business, have been spread before the American people, and the thing itself has been worn thread-bare, long a* The causes and reasons which induced the war, are also discus* sed with great care and attention, and elaborate argument used to .shevif that the United States had no full cause of war against En- gland, and that if the United States had any cause of war against England, England was willing to take it away ;and if it was not taken away, it was awing to the unfriendly conduct of the U. S. Such is the substance of arguments introduced on this occasion to show this bill ought not to~be a law. The cfclises and reasons jpdueing the war are knortn to the people of this nation* Theyr have formed their opinion thereon and therefore less may be saidl There, is, however, a cause of the war, and of the continuance of it which in proper time will be adverted to, I In opposing the bill under consideration the aggressions and u- surpationspf England against the U. S.atre not brought into view with perceivable distinction generally, and where theyave, En- gland fighting for existence is excusable f being forced to do what she does, irt retaliation against France his enemy. It might however, be as well to let the conduct of England appear in its free colors towards the United States ; in the colors in which it is, colors which no brush can wipi off, and which are $f so peculiar a nature And so agreeable to their subject, that to varnish them o~ ver, or discolor, is impossible ; colors durable as time itself, not composed of the perishable ingredients of colors used by gre.at painters of past ages. Seeing the 7 causes of war are noticed, let the plain facts shew themselves, and they will appear to be, that England hafc for several years past, to enrich and aggrandize her- self and to humble- the U. S. carried on war in disguise against them. In carrying ort that war in disguise, he unjustly took the property of our citizens, impressed the seamen, and violated in many instances the sovereignty of the United States. The impar- tial history of the times will manifest that be perpetrated these aggressions and usurpations, and that the United States did every thing a nation oqght to do to preserve peace— but England would not suffer it to be so. The United States in defence, and vindica- tion of their rights appealed to arms and declared war, after all hope of indemnity for the past and security for the future injuries by negociatipn had ceased. Notwithstanding all this, attempts are wade to shew that the war on the part the United States is unjust, •M 224 CONGRESSIONAL REPORTER. that the declaration of war was an act of folly and madneis, and being unjust it cannot be^attended with success— &, the war is said to be foreign and* offensive. The United States for several years endeavored to^ defend and vindicate their rights against the aggressions and usurparattun* of England %y negotiation in the most friendly manner, but without effect; they then with the same object in view, that is, to defend and vindicate their i ights against the aggressions and usurpations of England, declared war 1 , and for that reason, they who were and are for war, nnmed it a defensive war. They who are opposed to it may name it an offensive ana foreign war, because it may be foreign to their desires and offensive to their dispositions, and so England may name }t foreign and offensive ! because foreign to bis desires, he would rather have carried on war in disguise against the United States, and in that mauner have subjected their rights they remaining passive and unwilling even tobefcicfrcd into a war! The war is offensive to him, because the United States would not continue a submission to his tnonstr^us aggressions & usurpations. In this sense and no other can this war be said to be foreign and offensive. The object of a just war is to compel the aggressor to do jus- tice ; and to attain that end he may be "attacked by land and sea, and the injured nation has a right to choose the place" of attack; ojther by land or sea, or both. It is not, for the aggressing na- tion in such war to direct* the injured nation where to attack ; that would be to reverse the very design of the war* In this war the United States ate advised to attack England on the ocean ; and at the same time they are told that England is invulnerable on the ocean ,* that his thousand ships of war rule" and give him the do-*" minion of the ocean. England then being invulnerable on theo- cean, to persuade to attack him on the ocean is what he, it is pre- . sumed, would, if be could, persuade the United States to do. For the United States to attack Great Britain on the eeean, to com- pel him as the only mode, to do justice to them, would be a strangt scheme, apparently irreconcilable to common sense and common pru- dence. But it may be observed withtm/ gentleman from Massar chusetts, that tliere is an audacity which stands men instead both of genius and strength ; and most assuredly , he is most likely to perform that which no man ever did before, and will never be ftfte- hj to do again, who has the boldness to andertake that, which no man ever thought of attempting in time posjf, and no man wiU ever think of attempting in time future. I -would not hoibever, sir, be understood as intimating that England cannot be conquered on the ocean, for nations rise and fall like trees in the woods. •>, CONGRESSIONAL REPORTER. 225 A nation not sufficiently strong to attack the usurper of its rights on the ocean* is justifiable in carrying the war into his territories and dominions, the occupation of his territories by the injured nation, will not be a reason to denominate the war an of- fensive war, Tor even by the common law of England (which will not be disputed) he who commits the fir^t act of aggression, is an- swerable for all the consequences. In this debate relative to the war that maxim of England appears to be forgotten, and no won- der that maxim is forgotten, for all the injuries perpetrated a- gainst the United States by him appear to be forgotten. And that is strange, for owing to something wrong in human nature* inju- ries are better and longer remembered than benefits ; and what may seem to be stranger than that is, that by reason of some other strange thing in human nature, both injuries and benefits are forgotten in the contemplation of supposed splendor and beau-* ty shining in the face of a beloved object. But it is objected that for the United States to occupy with their armies the territories of England in North America, is contrary to the laws of religion and morality. Certainly they who make the objection in this case take and act agreeable ,to examples giv- en by England wnb can Aon* wr*ng. For instance, Scotland and Ireland were ancient kingdoms— -some old books intimate mora anoieut than England— and England overcame with his armies and conquered both, with immense slaughter of mankind, and fi- nally incorporated them with himself in one empire— and certain- ly England would do nothing contrary to the laws of religion or morality. But it is contrary to thfe laws of morality. By the oommon law of England, an assault will justify a battfry ; & cer- tainly the common law of England, being the perfection of reason, is the perfection of morality. England has assaulted, nay griev- ously battered the UnitedStates many times,more than three times. In this case then, the example and law of England prove that to oecupy the territories of usurping England is not contrary to mo- rality or religion. Will the objector say that he who suffers his household to be destroyed by an enemy ,and will not provide for its safety, acts pursuant to religion ?— Besides morality and religion both sanction self preservation. '' War may justifiably be carried on against an usurper, where ho is vulnerable. Admit England is invulnerable on the ocean, but }& vulnerable on land, and the United States are not able to fight him en the ocean, and are prohibited by the laws of morality and re- ligion to attack him on his territory— they then may submit to all his aggressions patiently, like good religionists and moralists, and console themselves with inabilty in the one ease, and reli- gion and morality in the other. According to this doctrine, an ar- my of Indians, allies of England, may come from beyond the lim- its of the United States, and murder hundreds of men, women and •hildren— and the United State* are prohibited by religion and mo- VOL. II.— No. 15. SjEBATS?. 226 CONGRESSIONAL REPORTER. rality beyond their own limits to pursue the .savage murderers. — Away with all such impure and spurious doctrines. Let them be banished to the shades where dwell non-resistance and passive o- bedienee. Prejudice against England cannot with propriety be imputed to the United States. They patiently waited for several years for the returning friendship of England ; but friendship returned not; for their patience they received contumely and more abuse — and were even told they could not be kicked into a war. The friendly disposition which dictated that saying, cann6t be attributed to prejudice against England. The arrangement made with Mr. Erskine, and the whole oonduct of the United States disprove the pretended idea of prejudice against England. That notion, and the notion of French influence, are of the same origin — mere crea- tures of the imagination and destructive of each other in the ta- mults of ikney. It has, been urged, that if the orders in council and blockade system were repealed by England, and if that had been known previous to the declaration of war, that declaration would not have been made. Admit that to bejso, for the argument's sake — that cannot have any foree against the war. England had time suffi- cient to repeal them> if he had been so disposed, previous to the declaration of War ; but iie did riot repeal tbem previous thereto. But if he has repealed them, they were repealed in consequence of the oppression by them imposed on his own subjects, and not in consequence of an intention to do justice tot keiJnited States. In justice, Ahe U. g. being a neutral nation, were entitled to a complete exemption from the operation of all the maratime and commercial edicts, which they remonstrated against and en- deavored to obtain an exclusion from, since the time of their com- mencement, notwithstanding the allegations of England, that he was compelled to adopt them installation against the enemy. He and his enemy might have issaeo edicts against each other to in- finity, the United States in justice ought not to have been made the object of their operation, and more so as they had given ho cause for their existence. / In this case it has been attempted to be assumed that the orders in council being repealed, the cause of war has ceased, and there- fore the war ought to cease. This assumption jassumes that the o,rders in council were the only cause af war. What, then, and is the impressment and enslaving of more than six thousand Ameri- can seamen no cause of war ? But tor the present, let the orders in council betaken as the cause of war, the conclusion will not fol- low. The orders in council existed at the time war was declared. Let the order pretending to be a repeal of the orders in council be attentively observed through a pure perspective of American man- ufacture, that ortler will be discovered to be only a time serving & make-believe pretension of what is not.'It is jiot what it pretends to bo ; for it is loaded with restrictions, limitations and reserves.—- CONGRESSIONAL REPORTER. 227 Too long has the American nation been amused with promises and pi etencesof friendship from a source where enmity appears root- ed; Let England do justice, mere justice, and nothing more, and he may, when he pleases, put an end to the war. But no ; such is not his will, for offers of impartial accommodation ever since tha .declaration of war,} Were made to him and he has rejected them ; the documents manifesting the same are spread before the Ameri- can people.. War, on the part of England, performs the opera- tion of the orders in council, and more, and by a treaty only can be terminated. Let England by acts of justice shew that he is willing to end the war and be at peaee — let him restore the Amer- ican seamen he has impressed, and indemnify for aU the spoliations he has committed, and for all the violations of the sovereignty of this nation, and he will find the United States cordially disposed to meet him on terms of mutual justice, and at the return of peae* said Mr. R. no one will be more gratified than I will be. A gentleman from Massachusetts has ^amused himself with a long talk about xliis bill— sometimes it is mere smoke and phan- tom— -at other times it appears arrayed in the terrific form of a Gorgon. That gentleman has had his foncy on the torture to dis- cover what the design of the bill is — sometimes it is to invade Canada, then it is an electioneering trick. ^ Alas, for truth, when buried in the bewildering of imagination. And yet the gentleman would induce a belief that he knowsmany things about it/ for ha talks profusely about something he calls a cabinet, which by his talk must know every thing. A cabinet ! And pray,' sir, what is a eabinet ? A man far off in the woods would suppose that word meant some sort of house* being a derivative from the word cabin, a name given to a house wherein a first settler of waste land re- sides ; so then are the words cabin, cabinet and cabinet-maker. Either of the tdrms may be taken, & the meaning given to convey an inapplicable idea for the miniums of fancy. A cabinet, (small chest)— in England th* word may mean king and privy council— in America,, under the eonstitution of the United States, the word has no meaning applicable to any department of the government. Ah, but it is delicious to follow any thing carrying the fume of Old England. The application of a little plain common sense will discover, without trouble, what the design of the bill is ; for in- stance, the United States are at war in defence of their rights fl- gainst the usurpations of Great Britain, war fs to be carried on with forces, the bill contemplates the raising of forces— and the farces when raised are to act, in maintenance of the rights of this nation, when and where a direction shall be given ; and any body who knows the United States are at War mtfy know all that with- out the aid of a Sorites. The gentleman is opposed to tjie war, and of coarse a politician to whom the war is offensive, that is, he m is opposed to the invasion of Canada— but Canada is a province of England, and near the United States* and aforee of England it 228 CONGRESSIONAL REPORTER. i there, and the celebrated Henry of Briti*h Emisary iiiemory eame from there, and all this the gentleman knows, and much more and therefore* let him* to* excused for bis opposition to an attack on Canada, for that is i wf*9a$ainst J&ftgland, and England has done no injury to the United States* '■ In this bebate-it isiurgcd, it { is cruel and inhuman to invade tbe people of Canada :• subsisting relations are stated between the peo- ple of the tlnfted vgtates and the people of Canada. Relations doulfcTe^ do exist ; but the people of Canada are subjects of tn- glanramat passing that over, it ought to be known that po inva- sion WMltf^nade on the people of Canada, considered only as the people of Canada, All the round about talk on that subject is in- applicable, unless they can make it appear that they areimtepend- ant of England ; in that ease the United States will never invade them ; they may if they will be so, but that they are not. In Canada are strong fortifications and regular troops of England keeping the people of Canada mindful of their subjection. The safety of the United States may require the removal of the saipe regular troops from Canada— 4n that removal the people of Cana. da can lay neutral and no one will injure them. Brit the talk will not have all the praise expected without being puffed with terms expressing the cruelty of an invasion of Canada. This notion of the invasion of Canada, what a powerful notion it is ! We are told that the success of the English ministry at the late elections, was owing to this notion of the invasion of Canada ; the English ministry then ought to be grateful to those who propagated that notion, for as it has always, so may it with other means in the pow- er of that ministry, help them out at some other dead lift, and it follows that an opposition to that notion may incur the direful wrath * of that ministry, and what a dreadful thing that will be. J In this debate about a bill to raise an additional number of reg- J - iments of infantry the wonderful man Napoleon is dragged into help — he is introduced clQat lied in terror s-to defeat this bill ; this • bill 40 unnecessary, so good for nothing, only smoke. Fears are entertained lest the same terrific Napoleon, after hrfving destroyed ■ all other nations, shall take into his head to destroy the United States also ; this is strange indeed, the fears sustained ought te ; operate in favor of the bill, and so one would think. But it seems : the order of nature is reversed in these times of wonder, and what is most feared t is not to be provided against. But why shall the terrible Napoleon be now an object of tear ? Bo not all the ac- counts from Great Britain, (atid surely nothing but truth can come from the fast antlwred island) goto shew that the terrible Napo- leon, is with all his armies blockaded up in the desolation of Mos- cow am* cannot escape ? \ Away then with all the idle fears of the terrible Napoleon — this is not the place of boyish bnggabo tricks. But it is intimated that the mighty Napoleon has destroyed all public law— well then he must have had the, sovereignty of the o- CONGRESSIONAL REPORTER. 229 cean as well as of the dry land*— and England on the ocean is sub- ject to him. He who will may believe that — as soon will G, Britain be believed to be now swallowed down and ingulphed in the o- eean. How* when, where and by whom was that thing named pub- lic law made and concluded ? When and where did the nations convene and make it ? When and where was it universally acted on ? For being a public law it must have been publicly f that is u- niversallyin force, obligatory and acted on — like the phantom named balance of power, the thing named public law has been a ladder used by ambition to mount the summit of despotism* En- gland cried out, balance of power, and public law, and endeavor- ed to justify all her maritime usurpations by k» until he mounted up to the dominion of the ocean ; and now he say* he has a right lotto t dominion, and of right will hold it, because his navy sweeps the ocean in all directions* and by the power of his navy will hold it, and no doubt he will so long as h precluded him from an opportunity he had wifhed td have en- joyed of rendering more acceptable to the committee anything . he might have to offer oh the interefting points it was his duty to touch* Unprepared however, as he was to fpeak ©n this day of which he was the more fenfible from the ill ftate of his health, he would folicit the 'attention of the committee for a few mo- ments* t I was a little astonished, I confess, Paid Mr. £. when I found this bill committed to pafs filently through the committee of the whole, and that, not until the moment the queftion was about to be put for its third reading, was it fclecleflas that objttf fen which gentlemen in the oppofition chofe toJay before the houfe their viewspf the interefting attitude in Ay hich/the nation ftands. It did appear to me tnat the loan bill, which WiH soon come be- foreus,would have afforded a much moreproperoccafion,it being morfc effential, as providing the ways and means for the profecu- tion of the war. — But the gentlemen had the right of selection, and having exercised it, no matter how improperly, I am gratifi- ed, whatever I may think of the character of fome part of the debate, at the latitude in which for once, they have been indul- ged. I^daim only in return, of gemlemen on the other fide of the houfe and of the committee, a like indulgence \in expreff- ing, with the fame unreftrained freedom, my fentimenrs. Per- haps in the couife of the remarks which I may feel myfelf called upon to make, faid he, gentlemen may apprehend that they af- fume too harfh an afpect— I ha vt only now to fay tj^at I {hall (peak of parties/meafures, and things, as they ftrike my moral fenfe, prptefting againft the imputation of any intention on my . part, to wound the feelings of any gentleman. Confidering the fituation in which this country is now placed — ina ftate of a£tual war with one of the moft powerful nations on the earth — It may not be ufelefs to take a view of the pati, of various parties which have at different times appeared in this country, and, attend to the manner, by which we have been driv- en from a peaceful pofture. Such an enquiry may affift in guid- ing us to that refult, an honorable peace, which mutt be the fin- cere defire of every friend to America. The courfe of that oppofition, by which the adminiftration of the government had been unremittingly impeded for the laft twelve, years, was lingular, and I believe, unexampled in the his- tory of any country. It has been alike the duty arfd the intereft of the adminiftration to preferve peace. Their duty, becaufe it is neceffary to the growth of an infant people, their genius, and .heir habits. Their intereft, becaufe a change of the condition of the nation brings along with it a danger of the k)fs of the affec- tions of the people. The adminiftration has not been forgetful of thofe obligations. No art has been left uneffayed — no exper- iment, promifing a favorable relult, left untried to maintain the peaceful relations of the country. When, fome fix or feven / 234 CONGRESSIONAL REPORTER. years ago, the affairs of the nation a (Turned a threatning afpef*, a partial non-importation was adopted. As they grew more a- lanping an embargo was impofed. It would have anfwered its purpofe, but was facrificed upon the akar of conciliation. -Vain and fruitlefs attempt to propitiate. Then came a law of non-in- tercourfe ? and a genefal nonimportation followed in the train. In the mean time any indications of a return to the public law and the path of juttice* on the part of either belligerent, are feized with avidity by adminiftration — th£ arrangement with Mr. Erfkine is concluded. It is firft applauded and then cen- "Tured by the oppofition. No matter with what unfeigned fincer- ity adminiftration cultivates peace, the opposition will infift that it alone is culpable for any breach between the two- countries. Becaufe the President thought proper in accepting the proffered reparation for the attack on a national veflel, to iritimate that it would heve better comported with the juftice of the King (and who does not think so ?) to punifh the offending officer, the op- pofition, entering into the royal feelings, fees in that imaginary infult abundant caufefor reje&ing Mr. Erikine's arrangement. On another occafion you cannot have forgotten the hypocritical ingenuity which they displayed to diveft Mr. Jackfon's conref- pondence of a premeditated infult to this country. If gentlemen would only dbferve for their own government half the fenfibility which is indulged tor that of Great-Britain, they would find much lefs to condemn. Reftriction after reftritViorf has been tried— negociat ion has been refor ted to; until longer to have ne- . gociated would have been difgraceful. — While thefe peaceful experiments are undergoing a trial, what is the condudl: of the oppofition ? They are the champions of war — the proud— the ipi*rited-*-the fole repofitory of the nation's honor — the exclufive 1 men of vigor and energy. The adminiftration, on the contrary is weak, feeble and pusillanimous— u incapable of being kicked intoawar." The maxim, " not a cent for tribute, millions for defence,'', is loudly proclaimed. Is the adminiftration for nego- ciation. They want to draw the fword and avenge * the nation's wrong-r—When, at length, foreign nations, perhaps, emboldened by every opposition here made, rcfufed to liften to the amicable appeals made, and repeated arjd reiterated by adminiftration, to their juftice and to their intereft-^when* in fafit war with one of them became identified with our independence and our fover- eignty, and it was no longer poffible to abftain from it, behold the opposition becoming the friends of peace and of commerce. Tiiey tell you of the calamities of wart— its tragical events— the fquandering away of your refources— the wafte of the public treafure, and the fpilling of innocent blood. They tell you that honor is an iilufion ! Now we fee them exhibiting the terrific forms of the roaring king of the foreft, Now the meeknefs and m >humi!ity,of the lamb!— They are ibr war and not reftrictions, when the adminiftrationis for peace. They are for peace and CDNGRESSfONAL REPORTER. 235 i i reftrictions, visljjqpjthe adminiftration is for war— You find them* : fir, tacking wiifi every gale, difplaying the colors of every party, and of all nations, fteady only in one unalterable purpofe to fteer, ifpofiible/into the haven of power. During &U this time the parafites of oppofuion do not fail bf cunning farcafm orlly inuendo to throw out the idea of French influence, which is known ta be falfe, which ought to be met in ont manner only, and that is by the lie dir*-3. The admin- iftration of this country devoted to foreign influence ! The ad- miniftration of this country fubfervient to France 1 Grtat God I how is it lb influenced ! 4 fiy what ligament, on what bafis, ott what poflible foundation does it rt ft ? Is it on fimilarity of lan- guage ? No ! we sf^eak different tongues, we speak the English language. On the teiemblance of our laws ? No ! the tdurcefc of our juriiprudence fpring from another and a'dtfiercnt country. On commercial intercourfe ?• No ; we have comparatively none - % with France Is it from tb? correfpondence in the genius of the two governments ? No ! here alorte is the liberty of a man fecure from the inexorable defpotifm whiqh every where elfifc tramples it under foot, ^yherethen is the ground of fuch an , influence ? But, fir, I am infulting you by arguing on iuch a fub- jtxt. Yet.prtpofterousind ridiculous as the infinuation is, it is propagated with fo much induftry, that there are pcrfons found foolifh and credulous enough to believe it* You will, no doubt* think it incredible (but 1 have neveithelefs been told the fact) that an honorable member of this Houle, now in my eye, that, he lost his eletfion by the circulation of a ftory in his diftrifet that he. was firftcoufinof the Emperor NapoUon The proof of the charge was refted on a itatement of facts which wis un- doubtedly true.' The gentleman in queftion, it was adedged; had married a connexion of the lady of the Prefident of the li- nked States, who was the intimate friend of Thoma\ Jc-flL-rfon,- late Pfefident of the United States, who fome yeirs ago was in the babit of wearing red ^French breeches. Now taking theffe premifes as ellablifhed,you, Mr. Chairman, are too good a lo- \ gician not to fee that the conclufion necdfarily followed. # Throughout the period he had been fptaking of, the oppofi- tionhad been diftinguifhed, amidft all its veerings and changes, by another inflexible feature- --the application of every vile epi- t thet which our rich language affords to Bonaparte. He has been compared to every hideous monfter, and bead, from that of the * ; revelations, t« the rrioft infignificant quadruped. He has been called the fcourge of mankind, the deftroyer of Europe, the great robber, the infidel, and lieavert knows by what other" names. Really, gentlemen remind me of an obfeure lady in a city not very far off, who alfo took it into her head, in conven- tion with an accomplished French gentleman, to talk of the af- fairs of Europe. She too fpoke" of the deftru&ion of the bal- ance of power, ftormed and raged about the infatiable ambition «i 236 CONGRESSIONAL REPORTER. of the Emperor ; called him the curfe of rogtikind, the de- ftrqyer of Europe* N The Frenchman liftened to her with perfect {>a tie nee, and when (he had ceafed, (aid to her, with ineffable po- itenefs : Madame, it woold give my matter, the Emperor, in- finite pain, if he knew how hardly you thought of him. Sir, gentlemen appear to me to forget that they Hand on A- merican foil ; that they ar£ not in the Britifh Houfe of com- mons,but in the chamber of the Houfe of Representatives of the United States ; that we have nothing to do with the affairs of Europe, the partition of territory and fovereignty there, except info far as thefe things affect the interefts of our own coun- try. Gentlemen transform themfeives into the Burkes, Chat- hams and Pitts of another country, and forgetting from honeit Bcal the interefts of America^ engage with European. fenfibility in the difcuffion of European interefts* If gentlemen ask me, if I do not. view with regret and horror the concentration of fuch vaft power in the hands of Bonaparte ? I reply that I da I re- gret to fee the Emperor of China holding fuch immenfe fway over the fortunes of millions of our fpecies. I regret to fee Great;Britain pofllffing fo uncontrolled a command over all the waters of our globe. And if I had the ability to diflribute a- mong the nations of Europe their feverai portions of power and of fovereignty, I would fay that Holland mould be refcufcitated and given the weight flie enjoyed in the days of her De Witts. I would confine France within her natural boundaries, the Alps, the Pyrennes* and the Rhine, and make her a fecondary naval power only* I would abridge the Britifh maritime power, raifc JPruffia and Auftria to firft rate powers, and preferve the integ- rity of the empire of Ruffia. But thefe are fpeculations* I look at the political tr anfaft ions of Europe, with the (ingle ex- ception of their poffible bearing upon us, as I do at the hiftories of other countries or other times. I do not fur vey them wit h half the intereft that I do the movements in South America* Our political relation is much lefs im * rtant than it is fuppoled to be. I have no fears of French or -Englifh fubjugation. If we are united, we are too powerful for the mightieft nation in Europe, or all Europe combined. If we are feparated and torn alunder, we (hall become an eafy prey to the weakeft of them. In the latter dreadful contingency, our country will not be worth preferving. Next to the notice which the oppofition has found itfelf called upon to beftow upon the French Emperor, a diftinguiihed cit- izen of Virginia, formerly Prefident of the United States, has never for a moment failed to receive their kindeft and moft re. fpeftfui attention. An honorable gentleman from Maflachuletts (Mr. Quincv) of whom I am ferry to fay it becomes necefiary for me to take fome notice, has alluded in a remarkable manner. Neither his retirement from public office, his eminent lervices, aor his advanced age, can exempt this patriot from the coarfe CONGRESSIONAL REPOTER. 237 afiaults of party malevolence. No, fir, in 1801, he (hatched from the rude hand of ufurpation the violated conftitution of his country, and that is his crime. He preserved that inftrumenc in form and fubftance, and Ipjrk* a precious inheritance for gen- erations tb come, and for thus he can never be forgiven. How impotent is pafty rage, directed againft him ? he is not more el- evated by his lofty refidence upon the fummit of his oVvn favor* he mountain, than he is lifted by theferenity of his mind, and the confciousnefs of a wellfpent life, above the malignant paffionsand the turmoils of the day. No ! his own beldved Monticello is not Itfs moved by the ftorms that beat againft his fides than he hears with compofure, if he hears at all,, the howlings of the whole Britifh pack fet loofe from the Effex kennel ! When the gentle* , k to whom I have been compelled to allude (hall have mingled his duft with that ot hisabufed anceftors, when he fhall be configned to bblivion,orifheliyesatall,'fhalllive only in the treafonable an- nals of a certain junto, the name ot Jefferfon will be hailed as the fecond founder of the liberties of this people, and the period of his ad mi nift ration will be lookv d back to as one of the brighteft epochs in' American hiftory. I beg the gentleman's pardon—* he has fecured to himfelf a more imperifhable fame. I think it . was about this time four years ago that the gentleman fubmit- ted to the Houfe of Repref entatives an initiative propofition for an impeachment of Mr. Jefferfon. The House condefcended to confider it. The gentleman debated it with his usual temper, moderation and urbanity. The houfe decided it in the moft fo- lemn manner^ although the gentleman had iome ho w obtained a fecond, the final vote flood, one for the propofition and 117 a- gainftit I The fame hiftoric page that transmitted topofterity the virtues and the glory of Henry the Great of France, tor their admiration and example, has preferved the infamous name of the fanatic aflaflin of of that excellent monarch. The same sa- cred pen that pourtrayed the sufferings and crucifixion of the Saviour bf mankind has recorded* for univerfal execration, the name of him who was guilty, not of betraying his country, (but a kindred crime) bf betraying his God. In one refpect there is a remarkable difference between the adminiftration and the oppofition— it is in a sacred regard for pdrfonal liberty. When out of power my political friends con- demned the lurrender of Jonathan Robbins— they oppofed the violation of the freedom of the prefs, in the feditionlaw — they oppofed the more infidious attack upon the freedom of the per- fon under the impofing garb of an alien law. — The party now in oppofition, then in power, advocated the facrifice of the un- happy Robbins, and paffed thofe two laws. ,. True'to pur princi- ples^, we are now ftruggling for the liberty of our feamen againft foreign oppreflion.— /True to theirs, they oppose the war for this, object- They have indeed lately affected a- tender folicitude for the liberties of the people and talk of the danger of standing 238 CONGRESSIONAL REPORTER. ' armies, and the burden of taxes. But it is evident to you, 3fc. Chairman, that they fpeak in a foreign idiom. Their brogue betrays that it is not their vernacular tongues. What, the op- poiition who in 1798 and 1799 could raife an ufelrfs army to, fight an enemy 3000 miles diftant from us, alarmed a| the exis- j tence of one raifid for a known,fpecifiedobject — >the attack of the ' adjoining provinces of the enemy. The gentleman from Mas- sachufetts, who affitted by his vote to raife the army of 25,000, alarmed at the danger of our liberties from this very army J I mean to fpeak of another fubject," whieh I never think of but j , with the moll awful confutations. The gentleman from Mas- ! sachufetts in imitation of fome of his predeceflbrs of 1799, has < entertained us with cabinet pi >ts, presidential plots, which are • conjured up in the gentlr man's ©wn perturbed imagination.*! wilh, fir, that another plot of a much mon ferious kind— a plot that aims at the difmemberment of our union, had only the same imaginary exiftence. But no man, who had paid any attention to the tone of certain prints, and to tranfa&ions in a particular quarter of the union for fe vera! years pad, can doubt the exif- > tence of fuch a plot. It was fer, very far from my iritehtion to charge the oppofition with fuch a d$> frgn. No, he believed them generally incapable of it. He could not fay as much for fome who were unworthily aflbciated with them io the quarter of the , nation t© which he referred. The gentleman cannot have for- gotten his own fentiment, uttered on the floor of this 'House, t)eaceably if we can* FORCIBLY if we muft i in and about the same timr Henry's miflion to Bofton was undertaken. The flagitioufnefs ofthatembaffy had been attempted to be conceal- ed by directing the public attention to the price which the gen- tleman fays was given for the dflclofure. A£ if any price could i change the attempt on the part of Great Britain, or could ex- tentiate in the flighted degree the offence of thofe citizens* who entertained and deliberated upon the infamous proportion ! There was a moft remarkable coincidence between some of the things which that man states, and certain events in the .quarter alluded to. In the contingency of war with Great Britain, it will fcje recollected that the neutrality and eventual separation of that section of the union was to be bropght about.— How, fir, has it happened fince the declaration of war, that Britifh officers in Canada have afferted to American officers that this very neu- \ trality would take place ? That they have fo afferted can be j eftablifhed beyond controversy. The project is not brought j forward openly with a direct avowal of the intention. — No, the j flock of good fenfe aod patriotifm in that portion of the country is too great to be ijndifguifedly encountered* It isaffaikdirom the raafked batteries of triendfhip to peace and commerce on ! Ahe oneflde,and by the gronridlefs imputation of oppofite propen- fities on the other. The affi ctionsof the people there are to J be gradually undermined.-*-The project is suggested or with* CONGRESSIONAL REPORTER. 239 drawn ; the diabolical parties, iq this criminal tragedy, /makf their, appearance or exit, a&» the audience to whom they addref! themfelves are filent, applaud, or hifs. I was aftonilntd, fuj to have lately read a letter* or a pretended letter publifbed in \ prominent print in that quarter, written not in the fervor of paij ty zeal, but coolly and deliberately, in which the writer aflvcti to reason about a separation and attempts to demonttrate itj advantages to differentiations of the Union, deploring the e^ - iftence now of what be terms prejudice against it, but hopj ing for the arrival of the; period when they shall be eradicated * But, fir, I will quit this unpleasant fubject ;,< I will turn froij ones whom no lenfe of decency or propriety could restrain fror foiling the carpt t on which he treads, to gentlemen who hav , not forgotten what is due themfelves, the place in which \Ve ai affefobled, nor to those by whom they are oppofed. The gei tleman fronv North Carolina (Mr.Pearfon). from Connectic (Mr. Pitkin) and from New- York, (Mr. Bleecker) have, wi their ufual decorum* contended that the war would not ha been declared, but for the duplicity of France, in withhold] bu authentic inftrument of the repeal of the decrees of Ber and Milan ; that upoji the exhibition of fuch an inftrument t revocation of the orders in council took placed that this m caule of the war but for which it would not have been declam being removed, the administration ought to seek for the resttj'- ation of peace ; and that upon its.fincerely doing so, termscofr* patible with the honor and interests of this country may be cj>- tained. It is my purpofe, faid Mr. C* to examine firft, into tjie , circumftances under which the war was declared f ; fecondly, h- to the caufes for continuing it ; and laftly, into, the means whih have been taken or ought to be taken to procure peace. But ir, I am really fo exhaufted that, little as I am in the habit of askng of the houle an indulgence of this kind, I feel that I muft titf- pafs on their goodnefs. ] ^ [Here Mr. C. M down. ' Mr*Newton moved that the~ cdn- mittce rife, report progrefs, and ask leave to fit again, which was done. On the next day he proceeded.] • . - I I am fenfible, Mr. Chairman, that fome part of the debatd to which this bill has given rife,has been attended by circumftarjees much to be regretted, & unufual in this houfe, and of whiclMt h to be hoped there will be not a repetition. The gentleman i om Boftonhaa fo abfolved himfelf from every rule of decorum and propriety, had fo outraged alldecency, that I have /bund it jim- poffible to fupprefs the feelings excited on the occafion. His colleague whom I had the honor to follow (Mr. Wheaton) what* everelfe he might nothave proven, in his very learned, ingen- ious original expofition of the powers of this government — afiex- pofition in which he has fought, where no body before him has looked, and no body after him will examine, for a grant of our powers, the preamble to the Conftiunion~has clearly fluewm V S40 CONGRESSIONAL REPORTER. td the fatisfactifcti of all who heard hifri, that the power is confin* ?d to defenfive war, I claiw the benefit of a fimilar principle, in behalf of my political friends, againft the gentleman from Bolton* [ demand only the exercife of the right of repulfion. No one is more anxioijs than I am to preferve the dignity and the liberal- ty of debate — no member more refponfible fdr its abufe. And f on this occafion, its juft limits have been violated, let him who las been the unprovoked caufe, appropriate to himfelf exclufive- y the confequences. I omitted, ytfterday, fir, when fpeaking of a very delicate aod gainful fubjeqt, to notice a powerful engine which the confpirators . igainft the integrity of the union employ to effe6t their neferious )urpofe— I mean the fouthcrn influence. The' true friend to his country knowing that our conftitution was the work of compro- nife, in which interefts apparently conflicting were attempted to *e reconciled, aims to extinguilh or allay prejudices. But this jatriotic exertion does not fuit the views of thofe who are urged ti by diabolical ambition. They find it convenient to imagine tie exiftence of certain improper influences, and to propagate Vith their utmoft induftry, a belief of them. Hence the idea of Jbuthern preponderance — Virginia influence.— the yoking of the rfpeftable yeomanry of the north, with the negro-flaves, to the Qr of fouthern nabobs. If Virginia really cherifhed a reprehen- fble ambition, and aimed to monopplife t;he chief magittracy # of tie country, how was fuch a purpole to be accomplifhed ? Vir- ghia. alone, cannot ele6\ a prefident,whofe elevation depends on aplurality of electoral votes and a confequent concurrence of ma- nr ftates.* Would Vermont, difinterefted Pennfylvania, the Car- ojnas* independent Georgia, Kentucky, Tenneffee, Ohio, Lou- ifana, all confent to become the tools of an inordinate ambition ? Bit the prefent incumbent was defignated to the office, before hi; predecefTor had retired. How ? by public fentiment— pub- lie fentiment, which grew out of his known virtues, his illuftri- ous fervices, and his olftinguifhed abilities. Would the gentle- nun cruth this public fentiment-— is he prepared to admit that he wculcl arreft the progrefs of opinibn ? The war was declared becaufe Great Britain arrogated to her- felfthe pretention of regulating f any other injury ? does it follow in all eases,that that which would have prevented the war in the first instance, should N terminate the war ? By no means. It requires a great struggle for a nation, prone to peace, as this is, to burst through its habits,' and encounter the difficulties of war. Such a nation jinght but seldom to go t& war. When it dees, it should be for clear and essential rights flofte, and it should firmly resolve to extort, at all hazards their recognition. The war of the revolution is an example of a war began for one object and prosecuted for another. It Was waged in its commencement, against the right asserted by the parent eouiu try to tax the colonies. Then no on* thought of Absolute inde- • \ , CONGRESSIONAL REPORTER. 243 pendenec. The idea of independence was repelled. But the British government would have relinquished the principle of taxa- tion. The founders of our liberties saw, however, that there was no security short of independence, and they achieved our independ- ence. When nations are engaged in war, those rights in contro- versy, which are not acknowledged by the treaty of peace, are 9- 1>andoned. And who is prepared to say that American seamen shall be surrendered, the victims of the British principle of Im- pressment ? And, sir, what is this principle? She contends that she has aright to the { services of her own subjects ; that in the exercise of this right , she may lawfully impress them, even altho' she finds them in our vessels, upon theliigb seas, without her ju- risdiction. * Now I deny that she has any right, without her ju- risdiction, to come on board our vessels, upon the liigh seas, for afry other purpoo* but in pursuit of enemas, or theii* goods, or goods contraband of war* Bat she further contends, th&t her sub- jects -cannot renounce their allegiance to her, and contract a new obligation to oth$r sovereigns- I do not mean to go into the gen- eral question of the right of expatriation. If, as is contended, all nations deny it, all nations at the same time admit and practice the right of naturalization. Great Britain herself does. ; Great Britain, in the very case ' of foreign seatoen, imposes, perhaps, fewer restraints upon naturalization than any other nation. Then if subjects cannot break their original allegiance, they may, ac- cording to universal usage, contract a new allegiance. 'What is the effect of this double obligation ? Undoubtedly, that the sove- reign having the possession of the subject, would have the right to the service* of the subject.. If he return within the juris- diction of his primitive sovereign, he may resume his right to his services, of which the subject, by his own act, eould not dH est him- self. But his primitive sovereign can have no rigbi to go in quest of him, out pf his own jurisdiction, into the jurisdiction of anoth- er sovereign, or upon the high seas, where there exists no juris- diction, for it belongs to the natjon owning the ship navigating the in. But, sir, this discussion is altogether useless. It isnot to the British principle, objectionable as it is, that we are alone to look* It is to her practice. No matter what guise she puts on. It is in vaii* to assert the inviolability of the obligation of allegiance. It is in vain to set up the plea of necessity » and to allege that she » cannot exist without the impressment of HER seamen. . The nak- ed truth is, she comes by her pressgangs, on board our vessels, seizes OUR native seamen, as well as naturalized, and drags them into]ber service. It is the case then,of the assertion of an erroneous principled a practice not conformable to the principle ;'a principle which, if it were theoretically right, must forever be practically wrong. We are told by gentlemen in, the opposition, that gov'ment has not done ail that was incumbent on it to do to avoid just cause of complaint, on the part of Great Britain ; that in particular the certificates of protection,authorised by the act of I796>are fraudu- 244 CONGRESSIONAL REPORTER lently used, Sir,government has done too much in granting tbo&epa- per protections* I can never think of them without being shocked* They resemble the passes which the master grants to bis negro slave ; " Let the beifcrer, Mungo, pass, and repass without moles- tation. 9 ' What do tfrdy imply ? That Great Britain has a right to take all who are not provided wfth them. From their very nature , they must be liable to abuse on both sides* If Great Britain de- desires a mark by which she can know her own subjects, let her give them an ear mark. The colors that float from the mast head should be the credentials of our seamen. There is no safe- ty to us, and the gentlemen have shown it, but in the rule that all who sail under the flag, (net being enemies) are protected by the flag. It is impossible that this country should ever abandon the gallant tars, who have won for us such splendid trophies. l«et me suppose that. the genius of Columbia should visit one of them in hi* oppressor's prison, ana attempt to reconcile him to his wretched condition. She would ray to him in the language of gentlemen on the other side of the house, " Great Britain intends you no harm, she did not intend to impress you, but one of her own subjects y having taken you by mistake, I will remonstrate, and try to pre- vail upon her by peaceable means, to release you, but I cannot, my son, light for yotu" If he did not consider this moe&ery, he would address her judgment and say, " You owe me, my country, protec- tion ; I owe you in return, obedience, ; 1 am no British subject ;. I am a native of old Massachusetts, where live my aged father, my wife and children. , I have faithfully discharged my duty.—, will you defuse to do yours.'' Appealing to her passions, he, would continue. " Host this eye in fighting under Truxton, with the In- surgent ; I got this sear before Tripoli, I hroke this leg on board the Constitution, when the Guerrier struck." If she remained un- moved, he would break out,, in the mingled accents of distress and dispair, IIard,hard is my fate ! once I freedom enjoyed, YffiS happy as happy could be ! Oh ! bow hard is my fate, how galling these chains.* I will not imagine the dreadful catastrophe to which he. will be driven by an abandonment of him to his oppressor. It will not be, it cannot be, that his country will refuse him protection. It has been said tha,t Great Britain has been alwavs willing to make a satisfactory arraugementof the subject of impressment ; and that Mr King had nearly concluded one prior to his departure from that country. Let us hear what that minister says upon his * It is impossible to describe the pathetic effect produced by this part of the speech. The day was chilling cold, so much so that Mr. C. has been heard to declare, that it was the^only time he ever spoke when he was unable to keep himself warm by the exercise of speaking ; yet there wefaieiif eyes that, did not testify to the sensibility excited.- A at. Int. / / CONGRESSIONAL REPORTER 245 return to America. In his letter dated New- York* July, 1803, af- ter giving an account of his attempt to form an arrangement far the protection of our seamen, and his interviews to this end with Itcrd Hawkesbury and St. Vincent, and stating that when he had -supposed the terms of a convention were agreed upon, a new pre- tension was set up (.the mare dausum) he concludes, «« I regret not to have been able to put this business on a satisfactory footing^ knowing as 1 do its very great importance to beth parties ; but I flatter myself that I have not misjudged the interests of our own country, in refusing to sanction a principle that might be product r ive of more extensive evils than those it was our aim to prevent.* 9 The sequel of his negotiation, On this affair, is more fully given in the recent conversation between Mr. Russell and Lord Castlcroagli communicated to congress during its present sestiep. J>rd Castle- reagh says td Mr. Russell, " Indeed, there has evidently been mueh misapprehension on this subject, and an erroneous belief entertained that an arange- ment, in regard to it, has been nearer an accomplishment than facts will warrant. Even our friends in Congress, I mekn those who were opposed togding to war with us, have been so confident ia this mistake, that they have ascribed the failure of such an ar- rangement solely to the misconduct of the American government. This error probably originated with Sir. King, for toeing much es- teemed here, and always well received by persons in power, he seems to have misconstrued their readiness to listen to his repre- sentations,* and their warm professions of a disposition to remove the cornplniats of America, in relation to impressment, into a sap- posed conviction on their part, of the propriety of adopting the plan which ha had proposed. But Lord St. Vincent, whom he fright have thought he had brought over to his opinion, appears never for a moment to have ceased to regard all arrangement on the subject to be attended with formidable if not insurmountable obstacles. This is obvious from a letter which his lordship ad- dressed to sir William Scott at the time." Here Lord Castle- reagh read a letter, contained in the records before him, in which Lord St. Vincent states to sir William Scott, the zeal with which Mr. King had assailed him on the subject of impressment, confes- ses his own perplexity and total incompetency to discover any prac- tical project for the safe discontinuance of that practice, and asks council and advice. " Thus you see (proceeded lord Castlereagh) that the confidence of Mr. King on this subject was entirely un- founded." f% / " ' Thus it is apparent, that at no time has th© enemy been willing to plaee this subject on a satisfactory footing. I will speak here- after of the overtures made by administration since the war. The honorable gentlemon from New -York, (Mr. Bleeker) in*!ie ery sensible speech with which he favored the committee, made - ne observation that did not comport with his usual liberal amien- arged views. It was, that those who are most interested against 246 CONGRESSIONAL REPORTER. the practice of impressment did not desire a continuance of lb war on account of it, whilst those [the southern and western mcaj- bars] who had no interest in it, were the zealous advocates ef tb American teamen* It was a provincial sentiment unworthy of tie gentleman. It was one which, in a change of condition, he wouli not express, because he knew he could not feel it. Does not tbc gentleman feel fer the unhappy victims of the tomahawk in tht western country, although his quarter of the Union may be ex- empted from similar barbarities ? I am sure he does. If there be a description of rights which, more than any other, should unite all parties in all quarters of the union, it is unquestionably the rights of the person. No matter what his vocation ; ; whether frt seeks subsistence amidst the dangers, of the deep, or draws it from the bowels of the earth, or from the humblest occupations of me- chanic life j whenever the sacred rights of an American freeHnao are assailed, all hearts ought to unite, and every arm should be braced to vindicate his cause. The gentleman from Delaware sees in Canada no object worthy , of conquest. According to him, it is a cold, sterile and inhospit- able region. And yet, such are the allurements which it offers, that the same gentlemen apprehends that, if it be annexed to the United 8tates* already too much weakened by an extension of ter- ritory the people of New-England will rush over the line and dej Eopnlate that section of the Union ! that gentleman considers it onest to hold Canada as a kind of hostage, to regard ii as a sort of bond, for the good behaviour of the enemy But he will not en- force the bona. The actual conquest of the country would ac- cording to him make no impression on the enetay, and yet the very apprehension only of such a conquest would at all times have a ' powerful operation on him ! Other gentlemen consider the inva- sion of that country as wicked and unjustifiable. Its inhabitants are represented as unoffending, connected with those of the bor- dering states by a thousand tender ties, interchanging acts of kind- ness, and all the offices of good neighborhood ; Canada, said Mr. C. innocent ? Canada unoffending ! Is it not in Canada that the tomahawk of the savage has been moulded in its deathlike form ? From Canadian magazines Maiden and others, that those supplies have been issued whiob nourish and sustain the Indian hostilities ? , Supplies which have enabled the savage hordes to butcher the gar- rison of Chicago, and to commit other horrid murders ? Was it not by the joint co-operation of Canadians and Indians that a re- mote American fort,Miohilimackinac,was fallen iy?on & redaced,m ignorance of a state of war ? But sir/ how soon *ave the opposi- tion changed. When administration was striving, by the opera- tion of peaceful measures, to bring Great Britain back to a sense of just ice, they were for old fashioned war. And now that they have got old fashioned war, their sensibilities are cruelly shocked, and all their sympathies are lavished upon the harmless inhabitants of the adjoining provinces- What does a state of war present ? The HEli CONGRESSIONAL REPORTER. 247 united energies of one people arrayed against the combined ener- gies of another— a conflict in which each party aims to inflict all the injury he can. by sea and land, upon the territories, property and citizens of the other, subject only to the rules of mitigated war J™f**T practised by oijjlized nations. The gentleman would not toueh ™*M the continental provinces of the enemy, nor, I presume, for the ****£* same reason, her possessions in the West Indies; The same hu- _ man spirit would spare the seamen and soldiers of the enemy. The -"/■acred person of his majesty must not be attacked, for the learned gentlemen, .,0ji the other side, are quite familiar with the maxim, tluitthe king can do p,o wrofqfa Indeed, sir, I N know of no person i>n whom we may make war, upon the principles of the honorable .- gentleman, but Mr. Stephen, celebrated author of the orders in council, or the board of admiralty, who authorise and regulate the practice of impressment I The disasters of the war admonish us, we are told, of the neces- sity of terminating the contest. If our achievements upon the land • have been less splendid than those of our intrepid seamen, it is not because the American soldier is less brave. On the one element organization, discipline, and a thorough knowledge of their dutips exist, on the. part of the officers and their men. On the other al- most evAy thing is yet to be acquired. We have however, the consolation (hat pur country abounds with the richest materials, and that in no instance when engaged in action have our arms been tarnished. At Brownstown and at Queenstawn the valor of vete- rans wns displayed, and acts of the noblest heroism were perfor- med. It is true, that the disgrace of Detroit remains to be wiped off. That is a subject on which I cannot trust my feelings, it is not fitting I should speak. But this much I will say, it was an event which no human foresight could have anticipated, and for which administration cannot be justly censured. It was the parent of all the misfortunes we have. experienced on land. But for it .the In- dian war would have been in a great measure prevented or termi- nated ; the ascendency on lake ISrie acquired, and the war push- ed perhaps to Montreal. With the exception of that event, the • is evinced by the recent re- * election of the chief magistrate. Suppose it were evrn true, that an entire section of the Onion were opposed to the war, that section being a minority, is the will of the majority to be relinquished? In that section the real strength of their opposition had been great- . . ly exaggerated. Vermont has, by two successive expressions of j$ her opinion, approved the declaration of war. In New-Hamp- shire, parties are so nearly equipoised that out of 30 or 15,000 votes, those, who approved, and are for supporting it, lost the e- lection by only 1,000 or 1,500. In Massachusetts alone have they obtained aify considerable accession. If we come to New-York, We shall find that other and local causes have influenced her elec- tions. What eause, Mr. Chairman, which existed for declaring the war has been removed ? We sought indemnity for the past and secur- ity for the future. The orders in council lire suspended, not re- voked ; no compensation for spoliations. Indian hostilities, which were secretly instigated, now openly enconraged ; and the prac- tice of impressment unremittingly persevered in and insisted upon. Yet administration has given the strongest demonstrations of its love of peace. On the 26th 3Tune, lelss than ten days after the de- claration of war, the Secretary of State writes to Mr. Russell, au- thorising him to agree! to an armistice, upon two conditions only, and what; are they ? that the orders in council should be repealed, and the practice of imp* effing American featnen cea9e, thofe'al- reacly imprefled being released. The propofitton was for noth- ing more than a real truce ; that the war fhould in fa£t tieafe on both fides. Again on the 27th July, one month later, anticipating a poffible obje6\ion to thefe terms, reasonable as they are, Mr. Munroe empowers Mr. Ruffell to ftipulate in general terms for an^ armiftice, having only an informal underftanding on these points. In return the enemy is offered a prohibition of the em- ployment of his feamen in our fervice, thus removing entirely | all pretext for the practice of imprefltaent. The very propofi- \ tion which the gentleman from Connecticut (Mr. Pitkin) con- tends ought, has been made. How are these pacific advances met by the other party ? Rejected as ahfolutely inadmiffible, cavils are indulged about the inadequacy of Mr. Russell's powers, and the want of an a£t of Congrels is intimated. And yet the con* CONGRESSIONAL REPORTER. 249 Rant ufage of nations I believe is, where the legiflation of one party is neceffary to carry into eft6\ a given ftipulation, t© leave it to the contracting party to provide th* reqyifite laws. If he fail to do fo it is a breach of good faith; and a subject offabfe- qucnt remonftrance by the injured party. When Mr. Rutiell renews the overture, in what was intended as a more agreeable * form to the Britiih government, Lord Caftlereagh is not content with a fimpje rejetVion, but clothes it in the language of infult. Afterwards in converfation with Mr. Ruffefh the moderation of our Government is mifmterpreted and made the occafion of a fneer, that we are tired of the War. The propofit ion of Admiral - Warren is fubmitted in a fpirit not more pacific. He is instruct- ed, he t(fl!s us, to propofe that the government of the Ignited States (hall inftantly recal their letters of marque and reprifal a- g inft Britiih ihtps, together with all orders and instructions for any a&s of hoftilities whatever againft the territories of his ma. jefty or the perfons or property of his lubje&s. That fmatl af* fair being fettled, he is further authorifed N to arrange as to there- vocation of the laws which interdict the commerce andfhips ot War of his majefty from the harbors and waters of the Utited States. m This meflfcnger of peace comes with one qualified con- peffion in his pocket, not made to the juftice of our demands, and is fully Empowered to receive our homage, the contrite retrac- tion of all our meafures adopted againft his mailer ! And in de- fault, he does not fail toaffure us, the orders in Council are to be forthwith revived. Adminiftration, Hill anxibuS'to terminate the war,iuppr^fses the indignation which fuch a propofal ought to have created, and in its anfwer concludes by informing Admi- ral Warren " That if there be noobjedYion to an accommoda- tion of the difference relating to impreffment, in the mode pro* pofed, othitfthan the fufpenfion of the Britifh claim to impreff- mcnt during the armiftice, there can be none proceeding, with, out the armistice, to an immediate discuflion arid arrangment of an article ori that fubject." Thus it has left the door of nego- tiation unciofed, and it remains to be feen if the enemy will ac cept the invitation tendered to him. The honorable gentleman ftom North Carolina, (Mr. Pearlqp) suppoles, that if Congrefs would pafs a law prohibiting the employment of B: ; ifh feamen t in our fervice, upon condition of like prohibition on their part, peace vVould immediately follow. , Sir, I have no doubt, that if such a law wt re paffed, with all the requifite folemnities, . Lord Caftlc reagh would laugh at our fimplicity. No, fir, adminiiftra- tion has errtciin the fteps tfrhich it has taken to reftore peace, but its error has been not in too little, but in betraying too great a folicitude for that event. An honorable peace is attainable only* by an efficient war. My plan would be to call out the afrtple re*, fourcesof the country, give thein a judicious dire&ion, profe- cute the war with the utmoft vigor, ftrike wherever we can reach the enemy, at fea or on land, and negotiate the terms of ISO CONGRESSIONAL REPORTER. * ►eace at Quebec or Halifax. We are told that England is a road and lofty nation, that difdaininfe to wait for danger, meets : halfway. Haughty as (he is, we once triumphed over her, & i we do not liftcn to the councils of timidity & despair we fball ain prevail. Infuch a caufe, with the aid of Pre vide nee, we fiuft come out crowned with fuccefs ; but if we /ail, let us fail ke men, lafhourfelves to our gallant tars, and expire together n one common ftruggle, fighting for " STAMENS 1 RIGHTS AND FREE TRADE.'* MR. KENT— Mr. Speaker, it is with great reluftance I rife trouble the Houfe with any remarks of mine at a time when heir patience muft be fo completely exhaufted, by the unufual ength of the debate which has already taken place upon the fob* e£V before you* The bill on your table propofes to raife an ad- litional military force of twenty thoufand men, and it has been >bje£ied toon account of its expenfe, and the confequent* dan- ger growings out of it to the liberties of our country. We are, ir, in a ftate of war ; and what is evidently the courf e which ire fhould purfue whilft in that titration ? We fhould advocate nd iupporfr fuch meafurcs as are calculated to bring that war, iiftly made on our part, to a fpeedy, honorable, and fuccefsful onclufion. Viewing the bill on your table as a meafure of that lefcription, I (hall give it my fupport, regardlefs of that addition- K 1 expenfe, which gentlemen fo emphatically dwell upon. Nay, r, it is better to expend the thirty millions of dollars (even if lat fum was neceffary) fo repeatedly fpoken of on the other fide T the Houfe as the coft of the war for twa years, to kccomplifli ur objefik, than to expend the fame fum in fiveVears, even if we >uld eflctl our object with equal certainty. However commendable economy may be in every jotherfitua- m of life, in war it is madmiffible ; it lofes its character ; it be- »mes parfimohy ; you might as welt attempt to unite profu fioti id avarice, as war and economy. All that the utmoft prudence n require of you when in a ftate of war, is to make your means lple ; lay your plans well ; and to thejudgment *>nd the fkill hefe particulars only can you look for economy or for livings ; ; the want of an inconfiderable fupply of men or moneys cam- ign might Drove difaftrous, to recover which would require au menfe facrifice of blood and treafure. The army has been reprefehted as dangerous to the liberties of : country* At one moment we are told that when it fhall be npleted, it will be unequal' to the concert of a petty province oinlng us, and not exceeding in population the ftate of Mary- d $ the next moment we are told that it will endanger the litr- es of feyen millions of freemen. Arguments thus paradox- need no refutation. Sir, I do ,not pretend to have any raili- r experience, lafad I am willing to concede the point tothofe Pefling it, that men enlifted for three or five years'are prefera; to thofc enliftcd for one year as propofed by the bill ; yet I % - \ CONGRESSIONAL REPORTER. ,251 feel confident that every objefil will be accomplifhed by this bill - that is intended. It is not propofed to rely fplely oft an army of -this i deferi ption to carry on the war ; you have nearly a fufiicient military force authorized for five years, and you want the men to be railed by this bill only as auxiliaries, till the ranks of that army can be filled ; with thefe obfervations on the bill before _ you, I fhall proceed to make a few remarks upon what has fallen from gentlemen on the other fide' of the Home, in doing whicli i 1 (hall endeavor to confine myfelf to what has not been policed by others or, if attended to* not fufficiently fo, *> If I underftood an honorable gentleman from Connecticut cor. / re£Uy who addreffed you the other day, (Mr. Pitkin) he fatd .we were contending for the employment of foreigners. We con- tend, fir, for nothing which as an independent nation we are not entitled to, and which the law$ of nations do not guarantee to ds. What have been the propoiitions heretofore madfe by our gov- ernment to Great Britain upon this fubje& ? I find, by a recur- rence to the correspondence of MefTrs. Monroe and Pinkney with the government in 1806* that we mad* the following propo- iitions, the'moft material of which were omittrd yefterday (not intentionally I hope) by the gentlerran from New York (Mr. W Emott.) . fiere Mr. Kent read theTollowing propofals from jhe public documents of JL807— 8. Weofltred— lft. To afford no refuge or protection to Britifh feamen. . / 2d. To deliver them up if they took refuge among us, 3d. To make laws for reftoring them. 4th. To aid in fearching for, feizihg and reftoring them. * e 5th. To keep them in our prifons when requefted. ' 6th. To prohibit our citizens from carrying them off. 7th* Taprohibit their employment. 8th. To make penal laws for punifcing their employers. 9th. To make it our duty to reftore them. 10th, To extend the foregoing provifions not only to defert- ers, burto all fea-faring men. Thefe propoiitions went completely to fccure to Great Britain the fervices of all her fea-faring fubjeQs, except fuch as were naturalized under our laws, which amounted to but few indeed; thirteen hundred Britifh feamen only halving been naturalized fincp the commencement of 'our government, and in^all proba- bility an equal number of our feamen have been naturalized by Great Britain during the fame period. Yet to my aflonifhment have I heard it ftated during this debate, that our government had made no ferious proportions to fecure to Great Britain the fervices of her feamen. , But equitable as thefe propofitions were, they were .reje&ed. Notwithftanding, fir, our government, anxious in their pursuit after peace, have gpne ftill further ; they have, through our late Charge des Affaires in London, (Mr. Ruffell) propoltjd to G. Britain to exclude from our naval fervice (as well public as pri- es' "S 252 CONGRESSIONAL REPORTER. « vatc) all her Teamen, including thofe which may hereafter be nat« uralized, and notwithftanding the liberality and juftice of this propofal, it, like all others,' has been made without producing the defired effett : And what more, fir, could have be en afkeef of us» required, or granted, than is contained in thefe offers 2 Nothing more 5 unU^ indeed, they had-afked for our indepen- dence, and, yielding to the rcqufnion, we had granted it. When an American veffel is at fea, it is amenable to no laws but thofe of its own country and the laws of nations ; and where in either of those will the advocates of impreffment find their juftification / Sir, had not the practice of impreffment been treated as a cafual, a trivial circumltance, during this debate, I fhouid not have pre- famed to trouble the Houfe with my dcfultory remarks, and my principal object in addreffing the Houfe was to afk their at- mention to a document which appears to have been overlookedi and which, if neceffary. will place the abomination of that prac- tice in colours too ftrong to be miftaken. Hare Mr. Kent read the following extra£t of a letter from the Secretary of State to Mr. Monroe, dated January 4, 1804 — -' 4 * The whole number of applications made by impceffed fea- men to our Conful in London between the month of June '97 and September 1801, were two thoufand and fifty nine ! Of vthis number an hundred and two feamen only were detained as Britilh fubjefts ; which is lefs than one twentieth of the whole number impressed. Eleven hundred and forty two were dif- charged* or ordered to be fot and eight hundred and five were detained for further proof, with the firongeft prefumption that the greater part, if not the whole were Americans, or other aliens whofe proof of citizen fhip had been loft or deftroyed- ■' , It is then evident from this document, that for every Britilh feamen obtained by this violent proceeding, a number of Amer- icans or other aliens with whom Great Britain has no right to meddle, not kfs than twenty for oije, have been the vittims of it. Sir, have w&become fo loft to the real independence and Sove- reignty of the country, that We are prepared to^yield to this de- grading, debafing and humiliating badge of vassalage J The Romans of old had a praftice of riraking the governors of thofe countries they conquored p£jfs annually beneath their yoke ■ as a mark of fubmiflion, but Wp, doomed to humiliation far greater, are made to pafs daily, nay hourly, beneath one much more galling. Some gentlemen objedl to the propositions made ' by Mr* Russell, and assert that he was not authorized.. They fhouid recoiled that Mr. Russell's letter containing his final of-* fer to the Britifh government, was communicated to this Houfe by the Prefident, and, had it not met with his concurrence, it is prefumable he would in his communication have expressed his they never attempted any modification or relaxation of their orders in council (which went to regulate our foreign intercourfe) till the a6t laying an embargo and avowed as a preliminary mcafure to war, reached that country. We made war not for one particular injury, but for a long cat- alogue oC wrongs^ and until there is a final adjustment of the moft prominent of thole differances, that peace which, can be procured without it muft be precarious indeed, if not dilhon®rable. The gentleman from Maflachufettp (Mr. Quinqy) faid the other day ** that whenever propofitions for a reconciliation with Great B. had been nrade,they had been invariably preceded or accom 4 Fahied by fome meafure calculated to infurc their reje£tion. ,, -~ cannot account for fuch an assertion, unlets in the language of the pocfc I fbould fay — / I 254 CONGRESSIONAL REPORTER. ♦ » « TtJJles tight aa air ' > # Are to the jtaloun confirmation strong M proofs from holy writ" Was n.H the arrangement with Mr. Erlktne proof pofitive to the contrary ? what unfriendly meafure accompanied that ar- rangement ? ' None. Did not good men *)f all parties rejoice at . it ? Was not the reftoration of a friendly intercourfe between the two countries hailed as a national blemiig from Maine to Or- leans? Nay, was there not a contefton this floor among gentle- men about who fhould be the firft to attett their .apbrobation of the Preficlent's conduft on that occafion ? Yet th« arrangement wasf rejected on the ground that Mr. Erfkine was-oot authorifed. It was immaterial, fir, whether he was authorifed or not* as re-' fpe&s the dilpofition of the government or the people of this^eoun- try towards Great Britain ; if he was authorited* the arrange- ment fhould have been fulfilled ; if he was not, all they had to do was to authorife bim or lbme other agent ; and harmony and fri^ndfhip, fomuch to.bedelired, would have been, inftantly re- ftored between the two countries. / A gentleman from N^w York (Mr- Cmott) obferved yeftdr- day, " that we had no canfe of war when it was declared. " - In order to cefttte that rem irk, I will alk ttie attention of theHoufe for one moment to what were the fentiments of that gentleman andThis friends at a former period, when the differences*between this country and Great Britain firft assumed a ferious afpeft. Here Mr. Kent read the following extract from a memorial from the town of Bofton, fimilar ones to which had been prefented from every feaport town in the country ■•— u While, your raemorialifh have witnessed with mingled feel- ings of indignation towards the perpetrators, and of Com ujsser- ation for their unfortunate countrymen, the infults and barbar- ities which the commerce of thefe ftate^ has luftained from the cruifers of France and Spain».itis their objedHn tfie prefent* memorial to confine their animadv?rfions to the more alarming, becaufe more numerous arid ektenfive detentions and condem- nations of American vessels bv Great Britain; and to advert to the principles recently avowed and adopted by her courts relative to neutral trade-— principles which, if admitted or pra£ttfed upon in all the latitude which may be fairly inferred to be intended, would be deftrufUve of the navigation, and radically impair the mod lucrative commerce of pur country*" * . Shall I remark to the Houfe, that to this memorial is attached the refpe'dable lignature of James Lloyd, now a leprefentatiye from the ftate o^ Massachufetts, in the other branch of the Legif- lature ? The language and fentiments of thefe memorialifts were juft, and were correftly pointed at that time againft Great Brit- ain alone, and met the approbation of both Houfes ofCongrefs and of the nation. It was, fir, the publication of thefe papers which firft attracted the attention of the American people, and pointed CONGRESSIONAL REORTEJR. 255 their indignation againft the government of Great Britain for intolerable aggreffions, which to this day are unatoned for. Sir, 1 fhould be glad to know in what fubfequeftt act of the Britifh government, the gentleman and his friends found a miti- gation of thole indignant feelings so juftly and ably pourtrayed ia thofe memorials ; by what iubfequent ^ct of aggreffioh were they reconciled to thofe deftru&ive 4k principles adopted by the Brit- i(h courts/' and spoken of by them with fo much abhorrence ?— Were thofe a£ts of unrepaired violence, converted into inno- cence by the attack on the Chefapcake frigate , the June follow- ing — by the degradation of our flag— -the murder of our citizens— and the feizjjw of four of her crew, one&of whom they hung, an- other they flogged to death — and* changing the fcene from trag- edy to farce* as a reparation for this injury, (for tire pittance of a-penfion-oflfered^ the wounded and the friends of the fla^n nev- er ihould be taken into confideration) the other two were reftor- ed, after five ^ears imprifonmeflf ? Was the wrath of the gen- tleman and his friends appeafedby her orders of council of Nov. 1807, lefs than one year after thfe date of thefe memorials, by which we were required to fend all our produce into her ports, there to pay whatever duties his Brittannic majefty's government might think proper to impofe upon it, and they would then per- mit us t# proceed to a market, upon the condition that we would on our return pafs again through her ports a n d pay a fimilar duty on our return cargo ? * Sir, the history of the world does not furnifli ah inftance of e- qual audacity, of equal outrage, offered to a free people-— and that was the moment when we fhould have arretted the progress of her injuftice— the whole nation would have been with us. But inafmuch as war was not declared againft Great Britain at that time, I rejoice at the marked difapprobation of the people of my native ftate towards iuch an invafion of their rights. Thp mo- ment a cargo arrived which had been contaminated by the pay- ment of fuch tribute, it was carefully collected and configned to the flames, and their deteftation offuch an attack upon the fover- eignty of the country, conveyed to 'the 'Ikies in " curling f^icke." \ I could proceed, and Hot from aggreffion to aggreffion, coril* mitted upon us by Great Britain, from the date of thefe memo- rials until the moment war was declared — but I will forbear— the incdnfiftency of the gentlemen, and the unfoundnefs of his re- mark, is too obvious to require it. . " I am as anxious for peace as any gentlemam in or out of this houfe, and^ would willingly make any facrificeqonfiftent with the honor ^nd integrity of the country to obtain it ; but I know of no mocje By which you can come at it, but by a juccefsf ul applica- tion of the bayonet — for ^ very overture for a reconciliation be- fore or fince the declaration of the war has been rejected. r 256 CONGRESSIONAL REPORTER. The gentleman from Maflachufetts, (Mr. Quincy) appears to to think his own government capable of every thing treacherous or diihonorable $ but conCders our enemies incapable of an afct that is not loyal and honorable. I do not envy the feelings or patriotism of any gentleman that could permit himfelf for a mo- ment to make fuch a companion. Great Britain has had it repeatedly in her power to place us in the lituation towards her enemy* which repeated a£ts of injuftice on her part has placed us towards her ; but every occafion has been contt'mptuoufly r< jefcied ; and if (he fuficrs in the conflict iu which we are engaged* the fin will be with her, not wit us : and if the gentleman from iMillichuf- tts, & those who think pro* per to act with him, would make the fame exertions to serve their country which they make to ferve a party, we fhould be the moll happy and profperous people under the fun. The gentleman from Ne I know of no act of the government fir, or of thofe connected with it, that will bear the gentleman out in this remark. Where in this, happy country, can. be found one inflance of oppreflion or per&cution ? And I feel confident, that fhould the government err, it will be on the other fide. But X would afk that gentleman, when in a ftate ot war, forced upon us by the aggreffions of a foreign power, what would be the courfe pointed out by found difcretion and realpat- riotifm ? The firft enquiry would be* has the government been adminiftered agreeably to the confutation*— was war declared by the conftituted authorities of the country ? Being anfwered un- queftionably in the affirmative— the proper courfe to be purfueu in such a fituation then is, to invite harmony and union among the people, to put down our common enemy— this being done, if abufes exilt in the government, correct them ; if there fhould be corruption in the body politic, cleanfe it ; and I pledge myfelf to go As far as any gentleman in meafures thus falutary. During this debate, repeated reference has been made to what palled between Meflrs. Monroe and Pinkney, arid the Britifh commiffipners, pending their negotiations in England in 1806 ; and it has been fuppofed by fome gentlemen, thatfome concef- fion was made at that time by the Britifh government relative to impreflment. " Sir I pofitively ftate that the Britifh government conceded nothing upon that fubjefl, and the practice of the Britifh narval of- ficers and the corcefpondence of the parties fupport me in this declaration. The Britifh commiffioners in their letter to Mr. Canning, dated the 10th Auguft, 18,10, ftate that they did not, in what paffed between them and the American roinifters, V pledge their government to abftain in future from the pradlice Qf impreffing from A nericarf merchant vessels, but did mean to CONGRESSIONAL REORTER. 257 pledge the Britifh government (o make icscruizers obferve the utmoit moderation, caution and forbearance in the exercife of that practice.^ Sir, the treaty was filent upon the fubjefl of impreffment, and the Britifh commiffioners fay,." the treaty was in itfelf complete and unconditional andTubjcdi to no refervaticar on Either part, ex» cept what was expnfUd in the note of the 30th December," wherein- Great Britain refervtd the righ', notwithftanding the treaty, to challife us, if we did not refill France hi the way and maimer molt agreeable to her. \\gain, fir, the Britilh commiffioners, m their note of Nov. 8th, to MeHrs. Monroe and Hnkney, and which contains all the conceffion, if it can be 1 called conaffion, upon the fubjeft of im- preftment, which was made, they remark, "that inftru£lions had been given & shall be repeated fo'etiforced Tor the oblervance of the grcateft caution in the impreffing of Britilh feamen from American merchant veffels." The treaty made with the Britilh government (and conntdled with the difcuflions pending jts ne- gociation was the promife ta be cautious in the exercife of the pra6lil^of impreffment on board Americai,i V(rs$cls)was con- xludecMn England on the 27th December, 1806, and delivered to our government the 15th March fol!owing,and in themonth of June next, three months only after thq receipt of the treaty, \o cautious and moderate were Britilh officers in the praflice of impressment* that they attacked one of our public vessels, before- alluded to, and imprefsc-d four of her crew* 1 mention this, lit, as one inftance only, of the melahcholy proof of that "caution" ih the pra£Ufc of impressment, promiild by the Britilh com- miffioners, and which was all the conceffion made b£ them to Messrs. Monroe and Pinkneyvrelative to impressment the prac- tice of which, when extended to the vessels of the United States, reduces us to a ftate of vassalage- which vie are bound successful- ly to resist or sink in the attempt. WASHINGTON, MARCH 4* 1813. At twelve o'clock this day, JAMES MADISON, the President of the United States elect, having attended at the Capitol for the purpose of taking the Oath of Office, delivered to the va§i con* course of people assembled on the occasion, the following SPEECH : ABOUT to add the solemnity of an oath to the obligations im- posed by a second call to the station in which my country, have be- fore placed me, I find, in the presence of this respectable assem- bly, an opportunity of publicly repeating my profound sense of so distinguished a coafuience, and of the responsibility uuhed with it. The impressions on me are strengthened by such an evidence that my fai'hful endeavors to discharge my arduous duties have- been favorably estimated; and by a consideration ot* the momeut- V0L.*II.— No. 17- DEBATES. <** 258 CONGRESSIONAL REPORTER. ( tous period at which the trust has been renewed. From the weight and magnitude now belonging to it, I should be compelled to shrink, if I had less reliance on thg support of an enlightened and generous people, and felt less deeply a conviction, that the war with a -powerfid v nation, which forms so prominent a feature in our situation, is stamped with that justice, which invites the f miles of heaven on the means* of conducting it to a successful ter- mination. " * May we not cherish thisitiicntiment, without presumption, when we reflect on the characters by which this war is distinguished ? It was not declared on the part of the United States, until it had long been made on them, in reality, though not in name ; until arguments and expostulations had been exhausted; until a positive declaration had heen received that the wrongs provoking it would not be discontinued ; nor until this appeal could no lon- ger be delayed, without breaking down the spirit of the nation, destroying fill confidence in itself and in its political institutions ; and either perpetuating a state of disgraceful suffering, or re- gaining, by more costly sacrifices and more severe struggles, our lost rank and respect among independent powers. On the issue of the war are staked our national sovereignty on the high seas, and security of an important class of citizens, whose occupations givethe proper value to those of every other class. Not to contend for such a stake, is to surrender our equality with other powers, on the element common to all ; and to Violate the sacred title, which every member of society has to its protection. I need not call into view the unlawfulness of the practice, by which our mariners are forced, at the will of every cruising offi- cer, ( from their own vessels into foreign ones, nor paint the out- rages inseparable from it. The proofs are in the records of each successive administration of our government ; and the cruel suf- ferings of that portion of the American people have found their way to every bo?om not dead to the sympathies of human nature, As the war was just in its origin, and necessary and noble in its objeets, we can reflect with a proud satisfaction, that in carrying it on, no principle of justice or honor, no usage of civilized nations, no precept of courtesy or humanity have been infringed. The war has been waged on our part, with, scrupulous regard to all these obligations, and in a spirit of liberality which was never sur. passed. How little has been the effect of thjs example on the conduct of the enemy ! They have returned as prisoners of war citizens of the United §tates,not liable to be so considered Under the usages of war. They have refused to consider as prisoners of war, and threatened to punish as traitors and deserters, per- sons emigrating without restraint to the United States ; in- incorporated by naturalization into our political family, & fighting under the authority of their adopted country, in open & honorable war, for the maintenance of its tights and safety. Such is the a- CONGRESSIONAL REPORTER. 25 Vowed purpose of a government, which is in the practice of naturalizing, by thousands, citizens of other countries, and not on- ly of permitting but compelling them to fight its battles against their native country. ' . * They have not,it is true,taken into their own hands (he hatchet & the knife, devoted to indiscriminate massacre ; but tlney have let loose the savages armed with these cruel instruments ; have allur- ed them into their service, and carried them to battle by their sides, eager to glut their savage thirst with the blood of the van- quished, and to finish the work of torture and death on maimed and defenceless captives; Arid, what was never before seen, Brit- ish commanders have extorted victory over the unconquerable val- or of our troops, by presenting to the sympathy of their chief, a- wai ting massacre from their savage associates. ~ And npw we find them in further contempt of the modes of hon- orable warfare ^supplying the place of a conquering -force, by at- tempts to disorganize our political society, to dismember our con- . federated republic. Happily, like others, those will recoil on the authors ; but they mark the degenerate councils from which they emanate ; and if they did not belong to a series of unexampled in- consistencies, might excite the greater wonder, as proceeding from a government which founded the very war in which it has been so long engaged, on & charge against the disorganising and insurrectional policy of its adversary. ^ To render the justice of the war on our part more conspicuous, the reluctance to commence it was followed by the earliest and strongest manifestations of a disposition to arrest its progress— The / sword was scarcely but of the scabbard before the en* ciiny was- apprised of the reasonable terms on which it wpuhi be re- sheathed. Still more precise advances were repeated, and have N bcea received Jn a spirif: forbidding every reliance not placed in the military resources of the nation. ' These resources are amply sufficient to bring the war to an hon- orable issue. Our nation is, In number, more than half that of the British isles. It is composed of a brave,a free, a virtuous & an intelligent people. , Our country abounds in the necessaries, the arts and the comforts of life. A general prosperity is visible in the public countenance. The means employed by the British cab- inet to undermine it, have recoiled on themselves; have? given to our national faculties a more rapid developement ; and, drain- ing or diverting the precious metals from British circulation and British vaults, have poured them into those of the United States* It* is a propitious consideration, that an unavoidable war should bare found this seasonable facility for the contributions required to support it. When the public voice called for war, all knew and still know, that without them, it could not be carried on, through the period , which it might last ; and the patriotism, the good sense and the manly spirit of our citizens,are pledges for the cheerfulness withwhich they will bear each his share of the com- iuoa burden. To render the war short, & its success sure, animated s r 1 260 CONGRESSIONAL REPORTER. and systematic exertions alone are necessary ; and the success of * our arms now, may lunjj preserve our country iVom tite necessity of another resort to them. Already have (he gallant exploits of . our naval heroes proved to the world our inherent capacity to maintain our rights on one element. If the reputation of our arms has been thrown under clouds on the other, presaging flashes of he- roic enterprize assures us, that nothing is wanting to correspond- ent triumphs there also, but the discipline and haipts which are in daily progress. ' LIST OF ACTS, PASSED AT THE SECOND SESSION OF THE TWKLFT fl CONGRESS. An act to authorise the transportation of certain documents free of postage. , , An act increasing the pay of non-commissioned officers, musi- cians, privates and others of the army, and for other purposes. An act making an appropriation to defray the expenses incur- red under an act entitled *< An act to authorise, a detachment from the militia of the United States;" and the act entitled **' An act - for calling fortli the militia to execute the l^ws of the union, sup- press insurrections, ,and repel invasions, and to repeal the act now in force for those purposes, passed the 28th day of February, ±795." ' - •" \ An act concerning tlie district and territorial judges of the Unit- ed States. ^ ^ An act directing the Secretary of the treasury to remit fines, forfeitures and penalties, in certain cases. » An act to increase the navy of the United States. ' ^ An act approving of the report of the commissioners appointed^ by the Secretary at War, to ascertain and settle the exterior ' line of the public land at West l*uint in th* state of New-York. An act authorising the President of the United States to cstab- - lish post routes in certain cases. An act providing for. navy pensions in certain cases. An act making certain partial appropriations for the year oije ^ thousand eight hundred and thirteen. An act in addition to the act concerning letters of marque, prizes and prize goods. An act supplementary to the act entitled " An act for the more perfect organization of the army of the United States." An i\*t_ in addition to the act* entitled •< An act to raise an addi- tional military force," and for other purposes. . An net authorizing the admission, under certain circumstances, of vessels owned by citizens of the United States of America, with thz\v cargoes from British ports beyond the Cape of Good Hope. An act regulating pensions to persons onboard private armed * ships. An act confirming certain claims in the district of Vincennes. An a$t to raise ten additional companies of Rangers* An act for the relief of John Binsioiu \ , CONGRESSIONAL REPORTER. 251 An act Tor the relief of the Bible Society of Philadelphia. An act giving the right of pre emotion in the purchase oflairfs to certain scttler^in the Illinois territory. An act to authorise and empower the president and managers of the Washington Turnpike Company of the State of Maryland, when organized, to extend and make the turnpike to or from Georgetown in this district to the line thereof* An aet the better to provide for the supplies of the army of the United States, and for the accountability ofpersens entrusted with the same. An aet giving further time to purchasers of public land to com- plete their payments. \ , • . # An act authorising the discharge of Daniel Updike from impris- onment. An act for the rcjief of Susannah Willcy. } * * An aet. for the regulation of seamen on hoard the private and public vessels of the United States. An act to continue in force, for a limited time, the first section; of the aet entitled " An act further to protect (ha commerce and seamen of the United States against the Barbary powers." ^ An aet rewarding the officers and crew of the frigate Constitu- tion, and the ere w of the Wasp. An act further to prolong the continuation of the Mint at Phila- delphia. • , An act giving a further t\m6 for registering claims to lands, in the eastern and western districts of the territory of Orleans, now state of Louisiana. k An act vesting in the President of the United States the power of retaliation. An aet for the relief of John Dixon and John Murray. An act for the relief of Reuben Afwater. An act to impose a duty on the importation of iron wire. An act to establish certain post-roads in the state of ^Louisiana. An aet for the relief of Royal Converce. . An act authorizing the issuing of treasury notes, for the service of the year 1813. An act to alter the time for the next meeting of jCongressf An aet directing the Secretary of the treasury to remit certain fines, penalties, and forfeitures therein mentioned. An aet authorizing the appointment of additional officers in the respective territories of the United States. An act making provision for an additional numfier of general of- .ficers. - An act in addilionio-an act regulating the- post-office establish- ment. An act fqr the relief of John Redfield jr. An act supplementary to an act entitled " An act to provide for •ailing forth the militia to execute the laws, suppress insurrections and repel invasions," and to repeal the act now in force for those purposes, and to increase the pay of volunteers and militia corps. An act for the relief of Jared Shattack; CONTENTS. P \GE ADDRESS to the Public - - - - - -* 2 DOCUMENTS. President's Mt ffage to Congrefs, Nov.4, 1813 - - 3 Documents accompanying the President's Message. Mr. Monroe to Mr. Rufll 11 - - - . - io Same to fame - -• * - - -- 11 Mr. Graham to Mr. Ruffell . - - 13 Sam* to fame - . - - - • - - 13 Memorandum referred to in foregoing letter 14 Extract from Mr. Monroe to Mr. Ruffell 15 On tkt subject of an Armistice . Mr. Ruffell to Mr. Monroe - . - -18 i 262 CONGRESSIONAL REPORTER. An act authorizing a loan for a sum not exceeding sixteen mil- lions of dollars Resolution, relative to the brilliant aebievments of captains Hull, Decatur, Jones, and lieut. Elliot. An act making appropriations for the support of the navy of the | U.. States for 1813. An act making appropriations for the support of the army of the TJ. States for 1813. An act giving further time for delivering the evidence in sup- port of claims to land in the Missouri territory, &c. , An act declaring the consent of congress to an act of the le- gislature of Georgia, &c. An aet for the relief of Ingraham Phoenix and Nixen. An aet authorizing the secretary of the treasury to cause to be issued new certificates of registry. An act to alter the time of holding the district courts of New- York and Massachusetts. Resolution authorizing the president to cause to be pre- pared and lain before congress a system of military discipline for the infantry of the army and militia of the United States. An act making appropriations for alteration and repairs in the eapitoL An act supplementary to the act " for increasing the navy of tlu United States." . ^ An act to encourage the destruction of armed Vessels of the ene- my in the waters of the United States. Resolution of thanks to the officers and crew of the Constitution for the victory over the Java. An act for the organization of the staff of the army of the Unit- ted States. An act for the relief of Louis Chachcris. An aet for the relief of the heirs of Samuel Lapsey, deceased. An act for the relief of Washington Lee. CONTENTS. Same to Lord Caftlereagh •-■-.. Lord Caftlereagh to Mr. RuffcII Mr. RufTell to Lord Caftlereagh ,-. ' Mr. Ruffell to Mr. MonroeN Lord Caftlereagh to Mr,Ruffell Admiral Warrea to Mr. Monroe Mr. Monroe to Admiral Warren Mcffage of the Prefident, Nqv. 12, 1813 i Documents ivith the Message. Mr. Riiflell to Mr. Monroe ^ Same to Lord Caftlereagh - $ . . " Sametofame . - ' - Lord Caftlereagh to Mr. Ruffell ^ ; . - Mr. Hamilton to Mr. Ruffell Mr. Rufieli to Mr. Hamilton Same to fame N ' - - Mr. Ruffdl to Mr. Monroe - Same to Lard Caftlereagh - Same to Mr. Monroe - - Mtffage ofihe Prefident, Nov. 18, 1812 Documents accompanying the Message. Mr- Russell to Mr. Monroe - - Same to fume - - - On the repeal qfi the Orders in Council, Mr. Russell to Mr. Monroe Same to Lord Caftlereagh * r Decree of the French Emperor Lord Caftlereagh to Mr. Russell Mr. Russell to Mr. Monroe. Britifh order of June 23, 1812 Lord Caftlereagh to Mr. Russell • Same to fame - - . . Mr. Russell to Lord Caftlereagh Same to Mr. Monroe Lord Caftkitagh to Mr. Russell Mr* Russell to Lord Caftlereagh * Relations with Denmark. Mr. Erving to Mr. Monroe Same to fame - Same to fame - - Relations with France* Message of the Prefident, March 3, 1813 Mr. Barlow to Mr. Monroe Same to fame Same to fame - Duke of Bassano to Mr. Barlow. - Decree of the French Emperor Mr. Barlow to Mr. Monroe ■/ Duke of Bassano to Mr. Bartow . \ 19 21 22 23 23 24 25/ 27 23 28 29 30 ib. jb. ib- 31 • 32 ib. 33 33 33 38 .39 ib. 40 ib* ib. 42 ib. 43 il% 44 ib- 45 49 51 52 52 ib. 53 54 ib. 55 ib. CONTENTS. Mr. Barlow to~the Duke of Bassano - - 56 DEBATES On the Bill concerning the pay of the JLrmy. Mr. Williams' speech, in the House - Mr. Whcatoa - _ * - 3 Mr. Stow - - - - 4 Mr. Williams - - - 6 Mr. Stow, Mr. Milnor - - - 7 Mr. Troup, Mr. Guld - - .-- 9 Mr. Little - - - - ^ 10 Mr. Quincy - - - - 12 Mr.Fisk ~ • - - 19 Mr. William* • . - * - 20 Mr. Wheaton - - - 23 Mr. Widgery - - -. - 24 Mr. Pitkin * - - 2S Mr. Troup , - - - 26 Mr. Macon " £8 Mr. Randolph 29 Mr. Williams - ' -. , T - 36 Mr. Bigelow * - .37 Mr. Johnson - - * - .39 Yeas and Nays - - - ib. On the question for remission oftlie Merclianfs Bonds. Mr. Johnson - - t - 40 Mr. MitchiU - - - 5S Mr. Widgery - *- - 64 Mr. Chevcs - - $ - - £3 Mr. Roberts - . - x - 84 Mr. Richardson - - - 105 Mr. M'Kim - - - lir . On the New Jinny Bill* Mr. Williams - ' . - - 123 Mr. Clay .. - * - 129 Mr Troup, Mr. Bibb, Mr. Pitkin - - , 129 Mr' Will ams, Mr. Pitkin - - - ISO Mr.* Williams, Mr. Pitkin, Mr. Little, Mr. Rhea - - 131 Mr. Bigelow, Mr. Tallmage - - 132 Mr. Mcseley - - «- - 133 Mr. M.Clay - - - - 137 Mr. Fisk - N - . - ' . - - - - 138 Mr. Widgery - '-/ ' - - " 14 ° Mr. Macon - - - - - ' 1*4 Mr. M. Clay . - ' . - - - 345 Mr. Pleasants - 146 Mr. Gold. - - , - - - 147 Mr Pearson - - - * - - 15l Mefiort on Foreign Relations r " ' " 154 Miv Pearson in continuation - - 161 Mr. Stow ' - r - - 168 Mr. Brigham - " - ' - W Mr. Quincy - r • - 180 Mr. Archer, , - - , - 210 Mr. Rhea - •" - .* - 222 Mr. H.Clay - - - . 232 Mr. Kent • - , . - - - 250 President's InauguralSpeech* t - 257 Listcf:.cts • • - - - 2ft J i /