NAVAL ARMAMENT.

Mr. GILES observed, that, from the sense of the House several times

manifested on this subject, there remained no doubt but that the bill

would pass. In that event, he most earnestly hoped that the success of

the measure would, at least, equal the expectations of its advocates.

Indeed, he hoped that their expectations would be disappointed and

exceeded; for it did not seem to him that even they were very positive

as to its full competency to the end proposed. He even wished that

every ship could be furnished with the cap of Fortunatus and the shield

of Hercules; for he was persuaded that, in the present state of things,

some magical influence would be found essential to enable them to effect

their undertaking. He observed, that, at present, the wisdom or folly of

the proposed measure was mere matter of opinion; that the passage of the

bill will furnish futurity with a complete experiment of its true

character.

He intended to offer his reasons against the passage of the bill, not

with a hope of making proselytes, but as a testimony of the real motives

which influenced his opposition. With this view, he should only mention

some of the general impressions produced on his mind by this subject,

without fatiguing the House with minute exemplifications of them.

The subject had presented itself to him in two points of view--1st, as

affording a protection to our commerce against the Algerine

depredations; 2d, as the foundation of a permanent naval establishment.

He could not help premising that, in the course of discussion, the

advocates of the bill had censured its opponents with a want of

disposition for the protection of commerce, whilst they claimed a

monopoly of all good intention towards this object. He did not mean to

derogate from the good intention of the favorers of the bill, but he

believed its opponents possessed as pure a zeal for the protection and

due encouragement of commerce as its advocates. It is not a question

whether commerce is, or is not, to be protected; but whether the plan

proposed be the most effectual and the least exceptionable that can be

devised for that purpose? The difference of opinion does not consist in

the end to be produced, but in the means proposed to effect the end.

The first objection he should make to the bill would be, the obvious

inadequacy of the means contemplated to effect the end proposed by them.

The object proposed is an effectual resistance, not only to the whole

present naval force of Algiers, but to their whole naval ability. The

bill contains, in itself, essentially a declaration of war. Our

calculations, therefore, should be extended to the utmost limit of the

naval ability of the hostile nation. The means to be employed consist of

four frigates of forty-four guns each, and two ships of thirty-six guns

each. To decide with propriety upon the objection, this force should be

compared with the naval ability of Algiers. He did not mean to go into a

minute history of Algiers. He should only observe, in general, that it

was a populous country; that it had furnished at one time one hundred

thousand fighting men; that its power at this day was as great as at any

preceding period; that they were a warlike people, accustomed to naval

enterprises and desperate in naval engagements; that, for some time

past, they had been subsidized for peace by almost every European

nation. He could not help concluding, from these circumstances, that

the naval ability of the nation either was or might, without any

uncommon exertions, he rendered superior to four forty-four gun frigates

and two thirty-six gun ships, the force contemplated by the bill; and,

if the conclusions were just, the bill is unwise.

Mr. G. proceeded to consider the bill as the foundation of a permanent

naval establishment. He said there was a clause in the bill authorizing

the PRESIDENT to suspend all proceedings in the equipment of the

armament, in case of a peace with Algiers, which gave him some

consolation; but it did not altogether relieve his apprehensions from

this operation of the measure, because he knew that a permanent naval

establishment was a favorite policy with some gentlemen, and because the

argument had been urged in favor of the present bill.

He observed that a permanent naval establishment could be recommended to

the United States but from one or both of the following considerations:

either upon the principle of entering into a competition for naval power

with the Powers of Europe; or as affording security to the collection of

our own revenue.

He thought the question of a permanent naval establishment was one of

the most important which could be presented to the consideration of the

House, and that the most serious consequences were necessarily connected

with it. In the first place, he viewed the establishment of a navy as a

complete dereliction of the policy of discharging the principal of the

public debt. History does not afford an instance of a nation which

continued to increase their navy and decrease their debt at the same

time. It is an operation exceeding the ability of any nation. The naval

competition of the Powers in Europe has produced oppression to their

subjects and ruin to themselves. The ruin of the French Monarchy, he

believed, might be ascribed very much to that cause. A navy is the most

expensive of all means of defence, and the tyranny of governments

consists in the expensiveness of their machinery. The expensiveness of

the French Monarchy is the true cause of its destruction. The navy of

France furnished the principal item of that expense. The navy produced

expense, the expense exceeded the revenue, new contributions became

necessary, the people saw the tyranny, and destroyed the tyrant. The

same effect, by the same policy, will probably be produced in great

Great Britain. The Government is not yet destroyed, but the people are

oppressed, liberty is banished. The extensiveness of the Government is

the true ground of the oppression of the people. The King, the Nobility,

the Priesthood, the Army, and, above all, the Navy.

All this machinery lessens the number of the productive and increases

the number of unproductive hands of the nation in Great Britain. The

operation has been extended so far that the poor rates alone probably

afforded a greater tax per _capita_ than the whole taxes paid in the

United States. He was astonished with these fatal examples before our

eyes, that there should be any gentlemen who would wish to enter into

this fashionable system of politics. He said the United States had

already progressed full far enough into this system; for, exclusively of

the ordinary expense of the Civil List, a debt had been funded upon

principles of duration. An army had been raised, at an immense expense,

and now there was a proposition for a navy. He observed that, for

several years past, the appropriations for the support of the Military

Establishment had exceeded a million of dollars per annum--from one

million to one million and a half annually. He believed that, if the

expense had been foreseen, there would have been more active efforts to

have avoided it. It was a policy, at this day, very generally condemned;

yet we are now to exhibit a counterpart of this policy upon the ocean,

with this aggravation--that it will commence with greater certain

expense, and with a more uncertain object. The system of governing by

debts he conceived the most refined system of tyranny. It seems to have

been a contrivance devised by politicians to succeed the old system of

feudal tenures. Both systems were tyrannical, but the objects of their

tyranny were different. The system of feuds operated upon the person of

the individual--the system of debts operates upon the pockets of the

individual. In the feudal system, the tenant often received some

indulgence and lenity from the martial generosity which generally

characterized the lord. The lord was gratified with the acknowledgment

of the tenant that he was a slave, and the rendition of a peppercorn as

an evidence of it. The product of the tenant's labor was left for his

own support. The system of debts affords no such indulgences. Its true

policy is to devise objects of expense, and to draw the greatest

possible sum from the people in the least visible mode. It boasts not of

economizing in calls upon the people for contributions. It boasts not of

economizing in the objects of expenditure. It consults the obedience,

and not the happiness of the people. There is no device which

facilitates the system of expense and debts so much as a navy. And he

declared, from that consideration, he should value his liberty at a

lower price than he now did, if the policy of a permanent Naval

Establishment should obtain in the United States.

Mr. W. SMITH remarked, that though it was not probable any proselytes

were to be expected at this late period of the business, and after so

ample a discussion as the question had received in its different stages,

yet he considered it necessary to make a reply to some of the various

objections which had just been made to the passing of the bill. Many of

those objections appeared to him totally inapplicable to the subject,

which he should pass over in silence. If it were the design of the House

to incur a vast expense in the establishment of a navy, merely for the

idle purposes of vain parade, there would be force in some of the

objections; but, as this was not the case, and as the measure was a

measure not of choice, but of necessity, extorted by the pressure of

unavoidable events, he did not feel their force in any respect. The

question was, simply, whether our commerce required protection against

the Algerine corsairs, and whether this was the best mode of protection.

The first part of the question was admitted on all sides. For himself,

he had always considered the second equally clear. But in the course of

the discussion, various difficulties had been started against the mode

of protection, and various substitutes had been proposed, as offering a

remedy more prompt, more effectual, and less expensive. He would first

consider the proposed substitutes for a naval armament, and then answer

the objections to it. The substitutes were: 1st. To purchase a peace of

the Algerines. 2d. To depend on Portugal breaking her truce with

Algiers, and shutting up their cruisers within the Straits. 3d. To pass

commercial regulations against Great Britain. 4th. To subsidize other

nations to protect our commerce.

To these several substitutes, he might, in a few words, object that the

first was impracticable, the second precarious, the third inoperative,

and the fourth dishonorable.

Mr. S. next reviewed the principal objections to the bill. These were,

he said, 1st. That the force contemplated was incompetent. 2d. That

sending an armed force on the ocean would be the means of involving us

in a war with some of the maritime powers. 3d. That we had no friendly

ports in Europe, which our frigates could resort to for supplies or

refitment. 4th. That the expense would exceed the object to be

protected. 5th. That our trade would be deprived of the seamen required

to man the frigates. 6th. That it was now so late in the season we could

not protect our vessels the ensuing summer, and that some favorable

events might occur before the frigates could be equipped, which would

render them unnecessary. 7th. That this was the beginning of a Naval

Establishment, which would hereafter involve this country in immense

debts and maritime wars.

[To the arguments against a Naval Establishment, Mr. SMITH

answered:]

The dangers resulting from a large Navy Establishment, and the immense

debts they have created in other countries, had been depicted, and the

House had been warned against such evils. How a bill providing six

frigates, which were to exist only during the war with Algiers, could

excite an apprehension of a large and permanent navy, and an enormous

debt, Mr. S. said he was at a loss to discover. The clause which

authorized the PRESIDENT, in the event of a peace with the Regency of

Algiers, to discontinue the armament, was a complete answer to all the

reasoning which had been indulged on the subject of navies and debts.

Admitting there had been no such clause, he did not feel the weight or

applicability of the reasoning.

This country is peculiarly fitted for a navy: abounding in all kinds of

naval resources, we have within ourselves those means which other

maritime nations were obliged to obtain from abroad. The nature of our

situation, and the navigating disposition of a considerable proportion

of our citizens, evince still more the propriety of some Naval

Establishment. Perhaps the country is not yet mature for such an

establishment, to any great extent; but he believed the period was not

far distant, when it would be. Sweden, with a population not greater

than that of the United States, and with more slender resources,

maintained a large navy. He saw no reason why the United States, with an

increasing population, much individual wealth, and considerable national

resources, might not, without ruin, do as much, or why the equipment of

a squadron, inferior to that of any of the petty nations of Italy,

should involve us in an insupportable expense.

The question was then taken on the passage of the bill, and it was

resolved in the affirmative--yeas 50, nays 39, as follows:

YEAS.--Messrs. Fisher Ames, John Beatty, Elias Boudinot,

Shearjashub Bourne, Benjamin Bourne, Lambert Cadwalader,

David Cobb, Peleg Coffin, Joshua Coit, Henry Dearborn,

George Dent, Samuel Dexter, Thomas Fitzsimons, Dwight

Foster, Ezekiel Gilbert, Nicholas Gilman, Henry Glenn,

Benjamin Goodhue, James Gordon, Samuel Griffin, George

Hancock, James Hillhouse, William Hindman, Samuel Holten,

John Wilkes Kittera, Amasa Learned, Richard Bland Lee,

William Lyman, Francis Malbone, Peter Muhlenberg, William

Vans Murray, Josiah Parker, Thomas Scott, Theodore

Sedgwick, Jeremiah Smith, Samuel Smith, William Smith,

Thomas Sprigg, Zephaniah Swift, Silas Talbot, George

Thatcher, Uriah Tracy, Jonathan Trumbull, John E. Van

Allen, Peter Van Gaasbeck, Peleg Wadsworth, Jeremiah

Wadsworth, Artemas Ward, John Watts, and Richard Winn.

NAYS.--Messrs. Theodorus Bailey, Abraham Baldwin, Thomas

Blount, Thomas P. Carnes, Gabriel Christie, Thomas

Claiborne, Isaac Coles, William Findlay, William B. Giles,

James Gillespie, Christopher Greenup, William Barry Grove,

Carter B. Harrison, John Heath, Daniel Heister, John

Hunter, William Irvine, Matthew Locke, Nathaniel Macon,

James Madison, Joseph McDowell, Alexander Mebane, William

Montgomery, Andrew Moore, Joseph Neville, Anthony New, John

Nichols, Nathaniel Niles, John Page, Francis Preston, John

Smilie, Israel Smith, Thomas Tredwell, Philip Van

Cortlandt, Abraham Venable, Francis Walker, Benjamin

Williams, Paine Wingate, and Joseph Winston.

THURSDAY, March 27.

_Sequestration of British Debts._

Mr. DAYTON submitted the following resolutions:

"_Resolved_, That provision ought to be made, by law, for

the sequestration of all the debts due from the citizens of

the United States to the subjects of the King of Great

Britain.

"_Resolved_, That provision ought, in like manner, to be

made for securing the payment of all such debts into the

Treasury of the United States, there to be held as a pledge

for the indemnification of such of the citizens of the said

States as shall have suffered from the ships of war,

privateers, or from any person, or description of persons,

acting under the commission of authority of the British

King, in contravention of the law of nations, and in

violation of the rights of neutrality."

_Ordered_, That the said resolutions be committed to a Committee of the

whole House immediately.

The House accordingly resolved itself into said committee.

Mr. DAYTON then rose in support of his propositions. When he brought

them forward he did not accompany them (he said) with many observations,

because he was then laboring under indisposition. The same cause would

render him very concise now.

The injuries and insults we have suffered from Great Britain, he

conceived, need not be dwelt upon. They are well known, and it is

universally acknowledged that we ought to adopt such measures as would

screen us from a repetition of them, and secure to us reparation. The

resolutions he had brought forward he intended as part of that system of

defence and preservation, other portions of which had already received

the sanction of the House. These resolutions, he conceived, would not be

the least efficient part of that system.

He believed that, when the conduct of Great Britain is reviewed, it

would be found that it is treating their subjects with great lenity to

speak of sequestration only; we should be warranted in confiscating, for

they have subjected our property to condemnation, without an appearance

of an intention to indemnify.

As to restitution of the property of which we have been plundered on the

high seas, it is impossible. It is condemned, sold, and scattered, and

no hope can be entertained that they intend to indemnify our suffering

citizens. If it had been their intention to indemnify, their Court, in

explanation of the instruction of the 6th of November, would not have

given orders to condemn vessels detained in suspense in the West Indies

until that elucidation was received.

Since, then, restitution is impossible, and not a shadow of hope exists

that indemnification will be granted; we have only to determine whether

we shall give up the property of which we have been plundered, or claim

it with effect--claim it, and enforce the claim, by showing that we have

the means of retaliation within our power.

After the proceedings of the British towards us, he believed, we should

have been warranted in confiscating the property now proposed to be

sequestered, without negotiation. This would have been meting to them as

they meted to us. If sequestration is hostility, as he had heard it

called, what, he asked, is condemnation? Besides, they have impressed

American citizens into their service. We have reason to believe, (he

concluded by remarking,) from the negotiation of our Minister with Lord

Grenville, from private information on the tables of Congress, and from

the conduct of some of their officers high in command, that to make war

on us is part of their system.

Mr. S. SMITH said he always had wished for peace, as the first

desideratum. With this view, agreeably to the wise recommendation of the

PRESIDENT, he agreed to those measures calculated to put the country in

a posture of defence. This was the best mode of securing peace. With the

same view, he proposed an embargo to be laid, which would have drawn to

our ports the remainder of our maritime possessions, and have left them

no longer within the grasp of a nation whose only rule of right is the

measure of her power. He still wished, as long as a shadow of hope

exists, to secure the blessings of peace. With the resolutions now

offered, he was of opinion that we might yet have peace; but, without

them, we shall certainly have war. They will arrest twenty millions of

dollars in our hands, as a fund to reimburse the three or four millions

which we have been stripped of by that piratical nation, Great Britain,

according to the instructions of that king of sea robbers--that

leviathan, which aims at swallowing all that floats on the ocean--that

monster, whose only law is power, and who neither respects the rights of

nations nor the property of individuals! This character the nation he

had mentioned had long deserved. Many proofs might be cited in support

of the assertion. He would only refer to their conduct at St. Eustatia,

when they robbed their allies, the Dutch, and their generals and

admirals turned vendue-masters, and conducted the plundering, to collect

rewards for their exploits. Is it from such a nation (he asked) that we

are to hope for justice? They know not what justice is. It is said that

they showed their love of justice when they so liberally compensated the

Tories after their war with us. Though they despise traitors, yet

self-interest will lead them to reward the treachery, to encourage a

principle which may again be useful to them. Self-interest, then, and

not justice, actuated them on that as on every other occasion.

Let us pass the resolutions, then send an envoy to Great Britain, and we

shall have peace. We shall then be able to speak to them of their

interest. But if war should be the inevitable issue, Americans, he was

sure, would meet it like men, rather than submit to insult and suffer

the honor of the country to be prostrated.

If we were able, while in infancy as a nation, to assert our rights,

will it be said, that, now we have arrived at a state of manhood, we

shall fear them? No! our young men burn for an opportunity to defend the

liberty, rights, and property of their country. They will step out as

one, and meet the event like men.

He read a quotation from _Vattel_, to show that a nation has a right to

pay her citizens for losses inflicted by another nation, contrary to

right, by confiscating the property belonging to the citizens of that

nation. The tie of interest, he concluded by remarking, is the strongest

tie we have upon Great Britain. Let us pass the resolutions, and that

nation will never again give us cause to pass similar ones. The people

out of doors will say that we have done right. The nations of Europe

will rejoice to see this power, which is committing depredations on all

nations, humbled. The resolutions, he observed, do not regard the

property in the funds. To touch this is not one of the means of

retaliation warranted by the law of nations. Public contracts should be

sacred.

Mr. BOUDINOT said, he had not intended to take part in the debate at

this early stage of it; but what had fallen from the member last up,

convinced him that the House should not go into a consideration of the

subject at this time. It should be considered with coolness, and all

passions put out of the question.

No doubt we have a right to make reprisals, as the Legislature has a

right to declare war; but he doubted whether the United States, in their

present situation, would find it their interest to go into such

measures. The authority read from _Vattel_ by the member last up, he

observed, made against that member's opinion. _Vattel_ expressly says

that reprisals should not be made on property intrusted to public faith.

The debts of British subjects here are in that predicament. He had heard

that gentleman, not long since, with pleasure, expatiate with warmth on

the advantages of credit, especially to this country. Should that credit

be destroyed (he asked) by destroying the confidence of foreigners in

our faith? But, even if this retaliation is lawful, will it be the

interest of the citizens, or rather of the Government, to take such a

step at the present time? We have no doubt been cruelly treated; but we

have made proper application for redress, and received an answer? We

should first send a special envoy and insist on an immediate answer.

This would be the mode of securing peace; at least, it offers the best

chance of securing it.

The aggressions on our commerce made by Great Britain are no doubt

enough to rouse any American's feelings; but the Legislature ought not

to be swayed by passions; they should discuss the subject calmly and

deliberately. He hoped the committee would rise and allow time, at

least, to take the necessary measures of defence; for, could the

Legislature justify to their constituents this step of retaliation,

should immediate hostilities, warlike hostilities, be the consequence?

To justify a measure of this kind time should be given for the defensive

system adopted to be carried into operation.

Mr. MERCER next spoke. He owned the measures proposed appeared to him

great and momentous, and, had he any powers of declamation, he should

think it improper to give loose to them on a question of this kind. We

should weigh well our interest, examine carefully the situation in

which we stand, and determine calmly where we shall place our next step.

The proposition is, to arrest, not to confiscate, the debts due to

British subjects. From his recollection of the positions established by

the best jurisprudence writers, no doubt remained in his mind that we

have a clear right to secure to ourselves reparation in that way, and,

in our predicament, confiscation even would be warranted, and by a point

as firmly established as any principle which has the general practice of

nations for a basis.

One of the latest writers on national law (_Binkershoek_) is of opinion

that debts are property, as well as any thing else, and sees no reason

why they should not, as well as other kinds of property, be seized to

secure indemnity for injuries. This is the opinion of _Wolfius_, of

_Vattel_, _Grotius_, and of his commentators. He could go on with a long

list of authorities, and refer to actual treaties to show that it has

been the practice of nations. Having established the right, he proceeded

to consider the expediency of the propositions. Gentlemen, he hoped, did

not wish that we should make a solemn declaration of war before we

acted. This is no longer the custom among nations. It would be a pompous

display of candor which no longer exists. Have any nations in the

present European war, premised their operations by a declaration? No;

their first step was to do all the injury in their power to their

enemies. Then, we having taken what steps will best tend to our

security, and give us the best hold of our enemy, let us not, however,

lose sight of a settlement by negotiation. Let us show mankind that

peace is our first wish. When we are thus prepared, let us step forward

to an amicable negotiation. Let us call on the Executive to send forward

some proper person to the Court of Great Britain, to assure them that we

have a high sense of the injury done us; that we have it in our power to

resent it, but wish to see the difference settled by receiving an

indemnification. We shall thus make it their interest as well as duty to

allow it. This he conceived to be the line of conduct we should adopt if

we wished to preserve the Western Hemisphere from the scourges that

desolate the Old World. By some such measure as that proposed, we should

make their motives for peace more weighty, and we should give assurances

of our amicable disposition, by showing that all we wish is a just

compensation.

In a matter of this kind he was sensible of the danger of precipitation.

The best mode of arresting the property proposed should be calmly

weighed. He believed that something like the proposition made by Mr.

SMITH, of South Carolina, before the House resolved itself into a

committee--a stop to all transfers of British property--would be proper

as a preliminary step.

He concluded with some observations on the respect which nations,

however weak, will command from their superiors in strength, by showing

that they will not suffer imposition, by joining heart and hand in

defence of their rights. This spirit, he was sure, animates Americans,

and now their power is better able to keep pace with that spirit than

when we humbled that nation. At that time we were in our infancy--an

infancy by no means thriving under the trammels of the mother

country--and, when they turned us adrift, and began their hostile

spoliations, they carried with them all our means of defence; but now,

thank Providence, we have spirit and power to defend ourselves. If the

gentleman from South Carolina (Mr. SMITH) would modify his proposition,

and make the term thirty days, it should have his assent in preference

to that now before the committee.

Mr. SMITH (of South Carolina) said, that the proposition he had read

before the House went into committee was in the nature of an embargo on

debts, securing them from transfer until the necessity of sequestering

them more plainly appeared. The proposition did not then appear to meet

the wishes of the House. When the committee should rise he would again

bring it forward. The question now before the committee is, whether they

will agree to a sequestration of British debts. He wished this object

had not been coupled with the indemnification to our own citizens,

because it is fairer to decide each question upon its own merits. That

part of the resolutions which contemplates an indemnification may give a

weight to the first part which it might not intrinsically deserve.

He made some observations on the propriety of cool deliberation on the

present important subject. The passions should be banished, and calm

reason more than ever courted. It requires all the wisdom of the

Legislative body now to combine our national honor with our national

safety. He had doubts on the propriety of the resolutions proposed, but

acknowledged that the arguments used in their favor had great weight in

his mind. If the situation of this country be compared with that of

other commercial nations, the propriety of something like the present

resolutions would appear more evident. When other commercial nations

wish to quarrel with us, their navies enable them to seize our vessels,

and we cannot retaliate in the same way. Then we must fly to such means

of retaliation as are in our power. If they take our property of one

description, and we cannot lay our hands upon the same kind, we must

take any of theirs within our reach. This reasoning has, no doubt, great

force; but the sacredness with which the modern usages of nations has

shielded debts is a great bar to our proceeding in the present case.

Contracts between individuals are now considered as out of the reach of

governments, and it is the modern usage not to meddle with them. In the

beginning of our late war, debts were not confiscated. The State of

South Carolina, though certainly not wanting provocation, while

confiscating all other property, left debts untouched, under the idea

that private contracts are sacred. But this, in a case of war, and

urgent necessity, might be overlooked; but if we are not in a state of

war, perhaps meddling with private contracts might provoke it. Credit is

certainly important to this country. We should consider how far the

operation of the resolutions proposed would give a shock to it. Besides,

they might have a tendency to involve us in future wars. We shall yet

long be under the necessity of receiving certain supplies from Europe,

and shall have debtors among us for those supplies. These debtors may at

any time, when the burden weighs heavy, think of easing it by fomenting

dissensions with the foreign creditor nation, in expectation that a

confiscation of the debts may be an effect. It is true that, in such a

case, they will not be exonerated. But it cannot be supposed that the

government to whom the debts would be transferred could prosecute the

recovery of them with as much ardor as an individual.

The gentleman last up had relied on the authority of ancient and foreign

jurists. Some among this class of writers warrant putting prisoners to

death--a principle which modern custom has put a stop to. They also, it

is true, warrant the confiscation of debts; but _Burlamaqui_ says this

is not the practice of modern nations. None, or very few trifling

examples can be cited, he believed, of a departure from this principle,

in modern times, among nations where commerce is cherished. This country

depends on commerce, and credit is one of the means by which it

flourishes; we should, then, not endeavor to weaken it. If we are once

over the barrier, by trifling extensions of the principle we may be

carried to immoderate lengths, indeed. Some persons who are in favor of

sequestering private debts, speak with horror of touching the public

funds. For his part, he did not see much difference between confiscating

private and public debts. The object is the injury of an enemy, and to

retaliate for injuries. Again: if we go to war with Great Britain, it is

probable we shall be involved with her allies, then will it be said,

that we shall confiscate what the Dutch lent us at a time of distress or

since the peace. The Dutch have bought largely in our funds. The same

principle will lead us to lay our hands upon that property. It will be

difficult to draw a line, if we admit the principle.

Under these impressions, if called upon to give his vote, he should now

feel much embarrassment. It had been said that the adoption of the

present resolutions would be a means of obliging Great Britain to do us

justice; that it would strike a terror among the subjects of that

country, and make them clamorous for peace. It might, he feared, have a

very different effect exasperate them, and unite the people with the

Government against us. Some further forbearance on our part may separate

them. It will convince the people of Great Britain that we really wish

for peace, and then, if war is the issue, the impression will be

severely felt by that Government. We shall render the Administration

very unpopular, and hasten its dismission for one more friendly to this

country. He was of opinion this crisis was fast approaching.

He concluded by again adverting to his propositions for preventing the

transfer of British debts, which he hoped would be considered as a

sufficient provision in the present exigency, and would give time to

deliberate on further measures, and to watch the course of events in

Europe, which, he believed, would have great influence upon the conduct

of Great Britain towards us, and probably bring forward the change in

the Administration of Great Britain.

The committee now rose and reported progress.

FRIDAY, March 28.

_Sequestration of British Debts._

The House resolved itself into a Committee of the Whole on the state of

the Union, and took up Mr. DAYTON's resolutions for the sequestration of

debts due to British subjects.

Mr. GILES commenced his remarks by observing, that he had intended to

have given a silent vote upon this question before the committee, and

probably should not have altered that intention, if it had not been from

the solicitous requests expressed yesterday by several gentlemen in the

opposition, that the favorers of the proposed measure should furnish the

committee with the reasons upon which it was founded. Although it

appeared to him to be rather unreasonable that some gentlemen should be

expected, not only to possess reasons for their own opinions, but to

furnish reasons for others; and, although he did not conceive that the

favorers of the measure were under any obligation to disclose the

reasons inducing it, provided they thought proper to hazard its fate

upon a silent vote, yet he was willing to indulge the gentlemen with

presenting to them the general course of reflection which the subject

had produced in his mind, and which had strongly suggested its

propriety. He had, however, a more powerful inducement to disclosing his

opinion, since the subject has become matter of discussion and its

propriety doubted.

The measure is deemed a bold one, and pregnant with the most serious

consequences; in all such cases, he was desirous that his responsibility

to the United States in general, and to his immediate constituents in

particular, would at all times be tested by the real motives which

should influence his conduct.

Several gentlemen in the opposition had earnestly admonished the

committee against the indulgence of their passions upon this subject,

and recommended the exercise of cool and deliberate reasoning. He should

not pretend to say how far such an admonition was necessary, or

justified by the temper of the committee, but he believed it applied as

strongly to the gentlemen who suggested the caution, as to those to whom

it was addressed; and he hoped, in the course of the future discussion,

the gentlemen would show an example in themselves of the precepts they

had prescribed to others.

As to himself, Mr. G. declared that, impressed with the awfulness of the

present crisis, he had never reflected upon a subject with more

coolness; and, if he understood his own situation, his mind was never in

a state more susceptible of conviction.

The proposed measure is expected to eventuate in a final explanation of

the relative state of things between the United States and Great

Britain. It will probably result, therefore, in an open hostility, with

the usual appeal to arms, or in a peace, with all the rights of

neutrality attached to it. For this purpose, the resolution proposes a

sequestration of the debts due to the subjects of Great Britain, to be

held as a pledge for the indemnification of the losses sustained by

American citizens under the orders of the British King, in contravention

of the laws of nations, and violation of every rule of morality and

justice. In the course of debate, this subject seems to have resolved

itself into two questions. First, as it respects the right of one nation

to sequester the property of the individuals of another in any possible

case. Second, the policy of exercising this right at this time, under

the existing circumstances of the United States.

He presumed that a state of things might exist between two nations in

which reprisal would not only become the right but the duty to the

nation sustaining the wrong. This happens where one nation, without

cause, forcibly seizes upon the effects of another, or of its citizens,

and withholds them without restitution or compensation, and when the

nation, whose effects shall be so seized and detained, shall possess no

other means of indemnification. The right of reprisal in the injured

nation, in such a case, grows out of its injury sustained, and its

inability to redress itself in any other way.

The duty of the injured nation to make reprisals, is founded on

self-preservation; and in case of the losses of its citizens, upon the

promise of the protection of property sacredly made by the nation to its

individual members.

This he believed to be the doctrine of the laws of morality and reason,

and he knew it to be the doctrine of the laws of nations, which were, in

fact, nothing more than the laws of morality and reason systematized and

reduced to writing.

Believing this principle to be a just one, he would apply it to the

existing state of things between the United States and Great Britain.

Almost as soon as Great Britain had taken part in the iniquitous war

against France, the Executive of the United States manifested their

regard for peace, by proclaiming their existing state of neutrality, and

recommending to their citizens, not only the observance of neutrality,

but of impartial neutrality--although the partiality of the American

people for the cause of France was well known--although, at that moment,

their affections for the French nation were addressed by the most

honorable and powerful considerations that ever existed between two

nations. The peculiar similarity between the existing French cause and

that which had just given birth to American liberty and independence;

the material agency which the French nation had exerted in bringing

about that event; and the existing principles of Government here, the

product of the Revolution, which are the great object of attack by the

combination against France.

A pure and laudable regard for peace, and a detestation of war, however,

had overcome all these sensations, and produced a neutrality, which he

believed, on the part of the United States, had been rigidly observed;

at least, he was sure, that such was the intention of Government. In

this state of things, Great Britain commenced an attack upon this state

of neutrality, which it was certainly her interest to preserve, and

which she ought to have deemed a favor to obtain. Great Britain

continued to keep possession of posts upon the acknowledged territory of

the United States, to carry on a contraband trade with our savage enemy.

She, shortly after our proclaimed neutrality, proceeded to interrupt our

lawful trade with our allies. She seized, condemned, and sanctioned the

complete transfer of the property of American citizens to her own

subjects; and, as if there could be no limits to her iniquity and

resentment, she has contrived to open upon our Eastern frontiers a

barbarous enemy to aid in making depredations upon our commerce.

These acts constitute injuries which amount to war, and they are

infinitely aggravated, both by the perfidy which attended the execution

of some of them, and the total want of provocation for the commission of

any of them.

If, then, Great Britain shall have committed acts towards the United

States which furnish just cause of war, the United States possess the

right, consistently with the laws of nations, to exercise any act

towards Great Britain which would be justifiable in a state of war. The

United States having received the injuries, are authorized to select

such measures and means as they may deem the most expedient for

self-preservation and indemnification. Reprisal is within their power.

All other means of redress are without their power. In such a state of

things, reprisal is a right--reprisal is a duty. An objection, more

plausible than solid, has been made to this course of reasoning, that

the individuals who will be the immediate objects of the reprisal, have

not been the immediate agents of the aggression. The laws of nations

state, that the property of individuals is as much a subject of reprisal

as the property of the aggressing nation; but, as the nation is the

immediate agent in the wrong, the individual who sustains an injury

thereby, becomes entitled to recompense from his nation. The nation

which commits the wrong, by this process, will ultimately sustain the

loss. Hence, in the present case, the innocent and unsuspecting victims

of the United States, have received losses from the lawless aggressions

of Great Britain, and the question is, whether they shall finally

sustain those losses, without any clear claim of indemnification upon

the Government of the United States? or, whether the losses shall be

transferred to British subjects, who will thereby possess the clearest

claim for recompense from the British Government? He thought the laws of

God, the laws of morality, the laws of reason, the laws of nations,

would all pronounce that the British Government which had done the

wrong, should afford the recompense.

Mr. G. said, that if the losses were to be ultimately borne by the

individual subjects of Great Britain, the remedy would seem to be a

harsh one; but, even in that case, the only alternatives left to the

United States would be to say whether their own citizens, to whom they

have promised protection, should finally sustain the losses, or the

British subjects, to whom they have promised no protection. But the

situation of the individuals who may be the subjects of reprisal, is

greatly meliorated, by the consideration of their just claim to

recompense from their own Government, which he had no doubt but they

would ultimately obtain, if they were put into a situation to demand it;

but if they should ultimately be denied justice, it would be a

consolation to reflect, that it was the injustice of their own

Government, not of the United States.

He observed, that a reprisal in the way proposed, stood upon the same

ground as the invasion of the property in every other case did, and was

justified upon the same principle, to wit, self-preservation. He

presumed, if there existed an acknowledged state of war, letters of

marque and reprisal, commissions to privateers, &c., would be deemed

justifiable and expedient, and that no discrimination would be made

between the property of individuals and the property of the nation; yet

the invasion of the rights of property in that case would be as palpable

as in the case of the reprisal proposed, with this aggravation; that, in

that case, the individual sustaining the loss would not be entitled to

ultimate recompense from the Government--in the case proposed, he would

be entitled to recompense. He observed, that the British nation had not

discovered this delicate discrimination between national and individual

property, in their late instructions given to their privateers and ships

of war, although they had sustained no wrong; and he thought their

conduct an example in point for the United States, who had received the

injury and committed none.

A gentleman (Mr. SMITH, of South Carolina) yesterday attempted to make a

distinction between vessels at sea and other property; although he

acknowledged that, at the first blush, he could discern no distinction

in principle.

Mr. G. said, that every species of property stood on the same

principle--the promise made by the Government to afford protection to

all property--the same rights are attached to every species of property,

and the Government is bound to afford an equal security to all. A

sentence read yesterday, by a gentleman, (Mr. S. SMITH), from a writer

upon the laws of nations, clearly shows the right of a nation to make

reprisal upon all the effects of individuals of an aggressing nation

indiscriminately, except stock in the public funds; which has been

exempted, under the idea of its being a pledge in the hands of

Government; the withholding of which would be a breach of public faith.

He believed that the practice and policy of some nations might have

given rise to this distinction, but he doubted whether the practice had

been uniform and universal, and he was clear that there was no rational

distinction in principle. The idea that the public funds are a pledge in

the hands of Government, and ought not, therefore, to be touched, is

equally applicable to every other species of property. In the case of

contracts between individuals, the Government guarantees the performance

upon the refusal of one party to pay, or comply. In the case of lands or

personal chattels, the Government guarantees the exclusive enjoyment to

the proprietor; it would be equally a violation of faith for the

Government to deny its obligation in the one case as in the other, and

nothing could justify an invasion of the rights of property, in any

case, but self-preservation--the first of all rights, and the highest of

all duties.

He positively denied that any pre-eminence was due to one species of

property over another. He said, however, that this discussion was not

immediately necessary, as the resolution under consideration did not

embrace the stock in the funds of the United States.

Mr. G. observed, that it had been said, and repeated in the committee,

that the proposed measure was war. He denied that the measure in itself

was war, or that it furnished a just cause of war. He believed, however,

that it was problematical whether it would eventuate in peace or war;

indeed, he remarked, that the crisis of affairs is already such, that,

whether the measure be adopted or not, he viewed war as a probable

event, peace as a possible event; but the point he contended for was,

that if the aggressions towards the United States be sufficient to

justify reprisal, the exercise of the right does not furnish a just

cause of war. The exercise of a right by one nation can never involve

the absurd consequence of giving another nation the right to exercise a

wrong. He said, that gentlemen on one side of this question seemed to

act upon an imaginary, instead of the real, state of things. He was not,

therefore, astonished at hearing the committee cautioned against the

violation of neutrality. He did not conceive that the present state of

things between the United States and Great Britain would justify the use

of the term neutrality. Neutrality is a term used to signify the

relation in which two nations stand towards each other. Neutrality,

therefore, requires parties--either party may destroy the relation

between the parties. It therefore appeared absurd to him to say that

Great Britain was in a state of depredation and war towards the United

States, and the United States in a state of neutrality towards Great

Britain. It has been said, that the United States have not abandoned

their neutrality; this is true, but it is no evidence that neutrality

exists. Great Britain has abandoned it for them.

He said, however, that this was disregarding the substance and entering

into a mere cavil about names. It was not material, in his opinion, what

name ought to be given to the existing relation of things between the

United States and Great Britain--whether it was called a state of peace,

a state of war, a state of neutrality, a state of reprisal, a state of

retortion, or a state of very uncivil conduct on the part of Great

Britain. Nor did he conceive it material to ascertain whether there was

any intermediate stage between a state of peace and a state of war, or

in which state the depredations of Great Britain should technically be

classed; but one thing was certain and material--that the United States

had sustained substantial wrongs, which required a substantial remedy.

Gentlemen who have regarded names and disregarded substances have also

been extremely alarmed at the idea of a discrimination of conduct by the

United States towards foreign nations. A gentleman (Mr. BOUDINOT)

observed yesterday, that the United States had sustained injuries from

France and Spain as well as Great Britain, and asked why there should be

any discrimination in their favor? Mr. G. said he was extremely hurt

that the conduct of France should be so unnecessarily and inopportunely

arraigned in that House. He submitted it to the gentleman to say, if the

United States should be compelled to enter into the war, which was at

this moment not an improbable event, why then it would be wise to

irritate the only nation in the world who could afford them any

substantial assistance! He said that this conduct was the less

justifiable, from the recollection that the conduct of France was the

result of necessity, and there was every reason to conclude that the

conduct of that nation would be explained in a satisfactory manner. But

a consideration mentioned by a gentleman, (Mr. SMITH, of Maryland,)

yesterday, was a conclusive answer--the United States owe to France a

pecuniary obligation, as well as one of a more sacred nature. This is at

all times sufficient for their indemnification. With respect to Spain,

if the gentleman would show the injury sustained, and point out a fund

for indemnification, Mr. G. declared he would not hesitate a moment to

apply it to that object.

But will the gentleman conclude, that because one nation has injured us,

in a degree against which we have no redress, that therefore we shall

not indemnify ourselves from a nation which has injured us in the

extreme, and against which we have the most ample redress?

He believed the gentleman's coolness, his wisdom, and his deliberation,

could not possibly lead him to such a result. With respect to

discrimination in the conduct of the United States towards foreign

nations, it necessarily grew out of the character of the conduct of

other nations towards the United States. Some gentlemen appeared to him

to have carried their ideas upon this subject to the most fanciful

absurdities. To keep France out of the comparison, let this

indiscriminate conduct, so much applauded, be applied to Great Britain

and Holland. Great Britain destroys our trade, plunders our property,

and, to her injuries, adds insult and contempt. Holland, engaged in the

same cause, fosters our trade, and respects us as a nation. Under these

circumstances, do gentlemen contend that an indiscriminate conduct is

due to Great Britain and to Holland? Or do they mean to carry this

delicate indiscriminate conduct so far as to refuse to themselves all

redress from one nation, because they would wish to deal out the same

conduct to all others, whether they had offended or not? He said, that

discrimination was stamped in the front of the conduct of foreign

nations towards us, and to make an indiscriminate return would be the

worst and most unjust of all discriminations. He hoped gentlemen would

pardon him, but he could not help thinking that they had carried their

ideas upon this subject to the most fanciful absurdities. A gentleman

(Mr. SMITH, of South Carolina) yesterday remarked, that of late the

condition of war had been much ameliorated as it regards the rights of

property, and he thought the amelioration ought to be extended rather

than abridged. Mr. G. declared, that he heartily joined him in his

wishes that the condition of war would ere long be ameliorated, both as

it regards property and persons. He hoped that mankind would soon learn

more wisdom than to butcher each other for the amusement or security of

the privileged orders of the world. From that source he believed all

wars arose, and until the cause was banished from the earth, he feared

the fatal effects resulting from it would continue to exist. He

declared, that he should view the banishment of the privileged orders

from the world as the surest harbinger of the approach of the

millennium. But this is not the happy period of the world; for, although

the United States are free from this pest of the human species in their

internal organization, yet the evils they at this moment experience

arise from their external intercourse with that part of the world which

is less fortunate. The attack made on the United States at this moment,

is an attack upon property. If there should be a war between the United

States and Great Britain, it will be a war of property. Unless there

should be a species of madness in the nation not to be calculated upon,

they cannot think of invasion and subjugation. It is known that the

United States cannot make an attack upon Great Britain, and territory

and conquest with them are no objects. Hence the war will be confined to

depredations upon property. This is the most dishonorable species of

warfare, and therefore the more to be regretted. There is this obvious

distinction, however, between the United States and Great Britain. With

Great Britain, at least with the privileged orders, it is matter of

choice; with the United States, it is matter of compulsion. The United

States despise this mode of warfare; they covet not the property of any

nation upon earth, but self-preservation demands it. They are under the

strong hand of a powerful nation, despising their rights, and regardless

of justice. In this state of things, there is but little hope of

strengthening the sacred ties of property; for, in the example of Great

Britain, her late conduct can furnish no consolation for these theoretic

speculations; and however the United States might be inclined to

practise upon them, yet the British depredations will forbid them--for

submission will be an invitation to new acts of aggression. He most

ardently wished the state of things were otherwise; but, exposed to

these inconveniences, the most effectual means ought to be adopted for

their resistance.

Mr. G. proceeded to observe, that having shown the right of reprisal to

be conformable to the laws of nations, and clearly justified by the

existing relation of things between the United States and Great Britain,

he would now submit a few remarks upon the policy of exercising the

right at this time. Under the existing circumstances of the United

States, he thought the policy of the measure was recommended by the

clearest and most obvious principles. The relation of things between the

United States and Great Britain is such as to demand a final and

unequivocal explanation, whether the proposed measure be adopted or not.

In all parts of this committee, in all parts of the United States, a

definitive explanation is called for. The present state of things

between the two nations cannot long exist.

It is to be hoped that, the tone of language to be used by the United

States will be adjusted to the nature of the injuries they have

sustained. Acquiescence and submission are no longer recommended. Hence,

matters are already reduced to extremities, and all the irritations

already exist which can grow out of an extreme state of things. The

proposed measure can add nothing to these irritations. The question,

therefore, appears to be reduced to this--whether, in demanding an

explanation and attempting negotiation, we shall use all the means in

our power to compel a favorable issue? or whether we shall tamely

supplicate for justice, and suffer the most effectual means of

compulsion to elude our grasp? He did not mean here to recapitulate the

conduct of Great Britain towards us; he hoped it was sufficiently

impressed upon the mind of every gentleman in the committee; but, after

the recent experience of her conduct, it would be madness, it would be

folly, to address our complaints to her justice or moderation. He

thought it would be wise to lay hold of every thing in our power, and

hold it as a pledge for her good behavior. This measure would put us in

the best possible situation for negotiation. It would authorize an

appeal to her interest, which she could not resist. He begged the

committee to reflect upon the argument which had been used here, to

prevent a late measure which had been adopted, and which had been

renewed upon the present resolution, that a great value in property,

belonging to the citizens of the United States, was in the power of the

British, and that any counteracting measures would place it in extreme

hazard. This seemed to him to have been the most prevailing argument

which had been urged, and for some time was irresistible. If, then, the

argument shall have been applied with so much force here, with how much

more force will it be applied in Great Britain, when they find that the

property of the individuals of that nation is placed in jeopardy here,

and that it greatly exceeds in value the whole of the property which

they have infamously detained and condemned? Besides, if, in the event

of a war, it should be a war of property, as is every where

contemplated. Great Britain will find that the war will be commenced

upon very unequal terms. Viewing this measure, therefore, as to its

probable tendency to peace or war, he thought the probability greatly in

favor of its producing peace. When Great Britain shall find that she is

entering into a contest upon unequal terms, when she shall find that it

may terminate in a permanent loss of the advantages of her commerce with

the United States, when she shall see before her a precipice, into which

if she should once enter she never can return, she would pause before

she acted, she would take time to count the probable loss and gain, and

peace would be the infallible consequence of such deliberate

calculations. This measure will convince Great Britain that the United

States possess a knowledge of their rights, a confidence in their

ability, and a determination in their disposition to assert and support

them.

A gentleman (Mr. SMITH, of South Carolina) observed yesterday, that a

pacific system would probably attach the people of Great Britain to the

United States, and detach them from their own Government. The gentleman

ought to recollect, that a pusillanimous conduct will not. It is with

nations as it is with individuals--to be respected by others, they

should respect themselves. The same gentleman remarked, that a change of

Ministry might be expected, and advised waiting for the event. The idea

is as undignified as it is chimerical.

Mr. G. said, he knew nothing of the change of the Ministry--the

principle was unknown here. The people here were their own governors. It

was immaterial to them who the Minister was. Even in the country where

the people were less fortunate, where Ministers govern, a change of

Ministers never produced any solid advantage to the nation. It was

merely an expedient of the moment, to smother a popular clamor. But,

even proceeding upon the gentleman's hypothesis, which Mr. G. thought

wholly inadmissible, he submitted to the gentleman to determine, whether

a positive submission by foreigners to the avaricious regulations of a

Minister, be the most likely mean to render him unpopular at home? On

the other hand, whether it was not the most effectual mean of preserving

his popularity, and of keeping him in office? He presumed the people at

home would never complain of injuries abroad, if those who sustained

them refused to complain. It is but by resistance, and throwing the

burden upon the people of England, that they can be brought to complain.

But, in cases of such extremities as the present, all appeals to the

people of England are futile and degrading. Our only resource should be

in our own exertions. They would be abundantly sufficient, if we could

be brought to believe it.

Mr. G. remarked, that the people of Ireland had lately afforded an

instructing lesson upon this point. They had arms in their hands for the

purpose of asserting their rights; under the idea of acquiescence and

submission they had surrendered them to the Government; perhaps, under

the expectation of a change of Ministry. Did this act of submission

render them more respectable in the eyes of the people of England? Did

it encourage the hopes of those who wished the establishment of

Government upon the principle of equal rights? Did it not rivet the

chains upon the people of England? Did it render the people of Ireland

more respectable in the eyes of the people of the United States? To

these questions it was unnecessary to give an answer. The people of

Ireland reaped the usual merits of submission--imposition and insult.

There was another consideration strongly in favor of the policy of the

proposed measure. Applications have been already made from different

parts of the United States by the immediate sufferers from the British

depreciations, for an indemnification of their losses. These

applications will, probably, be increased, repeated, and continued; the

agricultural and other interests of the United States will, probably,

never consent to equalize this burden. The claims of the sufferers upon

the Government will gain additional weight, unless this fund should be

offered to them for their indemnification. This is the obvious, the

natural and the rightful fund for their indemnification; and he thought

it was, at least, the duty of the Government to hold it as a pledge for

their security. If this measure should not now be adopted, the refusal

will lay a foundation for further parties in the United States, which

may ultimately have a serious effect upon the Government.

An objection, of a very delicate and influential nature, has been made

to the proposed measure, which required some consideration--that it

would affect the character and credit of the Government. He had viewed

this objection with the most deliberate attention, and felt the whole

force of its imposing delicacy; but was at length perfectly satisfied

that it was unfounded. This objection relates rather to the right than

the policy of the United States to adopt the measure. If the United

States possesses the right of reprisal upon an honest and sound

interpretation of the laws of nations; if the conduct of Great Britain

towards the United States be sufficient to justify the excess of the

right, he believed the policy of exercising the right could never

tarnish the American character, nor lessen the credit of American

citizens hereafter. The world of nations, as well as individuals, will

easily see, that it was a measure of compulsion, not of choice; that,

although the United States believed, they regretted the necessity; that

they were not the authors of the original wrongs; that they had borne

them with patience, had used their endeavors to prevent the commission

of them; and that, when these wrongs were committed and repeated, the

United States possessed no other means of redress.

Under these circumstances, in the exercise of a substantial right, he

did not believe there could flow any consequential wrong.

The motive would be looked at, and it would furnish a complete

exoneration from blame, whilst the original aggressors would become

justly responsible for all the consequences.

Mr. G. said, he could not sit down without making some remarks upon the

fruits of the conduct heretofore observed by the United States. The most

pacific system has heretofore marked the character of the Government.

All America looked upon the late proclamation of neutrality as a

competent guarantee for peace. He had no doubt but that it was dictated

by the purest regard for peace. But what have been the fruits of it? He

did not mean to condemn the conduct of the Executive. Perhaps it was

suggested by the then existing state of things. He only intended to

show, that it had not met with the return it merited, and which was

reasonably expected from it.

It has not produced peace. A regard for peace has been construed into a

fear of war. A resistance of the feelings of the people for the cause of

France has been a palatable food for British arrogance and presumption.

Submission to aggression has invited new aggressions; appeals for

justice have been deemed testimonies of debility, till at length the

United States, after having been stripped of their citizens and

property, are upon the eve of a war, because they have not exerted their

rights at an earlier period. If this conduct should have been heretofore

wise and pacific, experience has taught us that it is no longer so;

nothing can be expected from the justice, the honor, or the moderation

of a court which has proved itself equally a stranger to them all; but,

before such a tribunal, acquiescence will beget injuries, injuries will

beget insults, and insults will beget contempt, degradation, and war.

Mr. SWIFT remarked that, on the first view of the subject, he had been

inclined to favor the proposition, not having attended minutely to the

distinction made by the laws of nations respecting the property of an

enemy liable to reprisal; but on a full investigation of the subject,

and mature deliberation, he was convinced that the proposition under

consideration would be a direct and manifest violation of the laws of

nations; he was, therefore, clearly and decidedly opposed to its

adoption. Gentlemen have said much respecting the insults and the

injuries which we have received from the British nation; but Mr. S.

conceived it to be unnecessary that gentlemen should describe their

insults and injuries in the highest colors to inflame our passions, and

to animate our resentment. He believed that every gentleman in the

committee deeply felt the indignity which had been offered to their

country, and was convinced that Great Britain had been guilty of a

violation of the laws of nations; but, under such circumstances, it was

our duty to conduct with coolness, candor, and moderation. He thought

that the heat and passion which had been manifested in the course of the

debate were inconsistent with that dignity and propriety which ought to

mark the deliberations of the Legislature.

Mr. S. observed, that the conduct of the British Court in regard to

their concealing in such a singular manner the Order of the 6th of

November, and the equivocal terms in which it was expressed, was greatly

to their dishonor. But he thought that the words _legal adjudication_,

would fairly admit of a construction that no American vessel that should

be taken pursuant to that order, could be liable to be condemned, unless

warranted by the laws of nations. There was reason to apprehend that

such was the intention of the British Cabinet; and that the Courts of

Admiralty in the West Indies, in their condemnations, had exceeded their

jurisdiction, and contradicted the design of the Court of London. Recent

intelligence confirmed the idea. No information of these illegal

transactions had yet been communicated to them. It was possible that

when that court were made acquainted with the injuries we had sustained

that they would award restitution or compensation. Mr. S. remarked that,

by the laws of nations, no nation had a right to make reprisal for any

injury till all other means of obtaining justice had failed; that it was

our duty in the first place to represent to the Court of Great Britain

the spoliations that had been made on our commerce by the illegal

condemnation of our vessels; that, till we had done this, the laws of

nations would not warrant us to make reprisals on the goods and effects

of the British nation. That there was a possibility of obtaining a

satisfactory explanation of their conduct and reparation for the

injuries we had suffered. It was, therefore, a proper subject of

negotiation. But, he said, if that nation will not do us justice, then

we are authorized to make reprisals.

Mr. S. then observed that, when we had taken such steps as would

authorize reprisal, we should be precluded by the laws of nations from

adopting the proposition under consideration. He said that a gentleman

from Maryland (Mr. MERCER) had yesterday asserted that _Burlamaqui_ was

the only authority among the writers on the laws of nations against the

measure; and that the opinion of _Vattel_ was in favor of it. Another

gentleman from Maryland (Mr. SMITH) had read a passage from _Vattel_,

which he considered as an authority in point, to justify the seizing of

private debts; but not debts due from the public. But if these gentlemen

had thoroughly examined _Vattel_, they would have found, instead of his

being an authority in their favor, he had in the most direct terms

maintained a contrary opinion. He then read a passage from _Vattel_,

that showed that the effects of an enemy in a country at the time of a

declaration of war cannot be seized, but that the owner is entitled to a

reasonable time to remove them; and another passage, which expressly

declared that, by the usage and custom of modern nations, public and

private debts are not the subject of reprisal. Mr. S. conceived that

these rules were founded in the highest wisdom; that all debts were

contracted under a sanction of public faith, and an understanding that a

war should not render them liable to seizure or confiscation; that a

moral obligation existed between the contracting parties for the payment

of the debts; and that no government could ever have a right to violate

a moral obligation. That, therefore, by the law of nations in all

instances where property comes into the possession of a nation by a

confidence reposed in their honor and faith, as in case of public or

private debts, such property can never be the subject of reprisal,

because this would be to authorize a breach of public faith; but

reprisals are always to be made on property in possession of the nation

who has done the injury, and which may be taken without any violation of

those principles, which ought to be held sacred in time of war.

Mr. S. remarked, that it had been suggested that the British nation had

been guilty of a violation of the laws of nations in their treatment of

us; and that, therefore, we were not bound to govern ourselves by that

law in our conduct towards them. This argument, however plausible, he

said, would not bear the test of examination; that all reprisals were

justified only on the principle that the nation on whom reprisal is made

has been guilty of a previous violation of the laws of nations. When a

nation disregards that general law by which the conduct of all

independent communities towards each other is to be regulated, the same

law points out the mode of redress. If there has been no violation of

that law, there can be no reprisal. If there has been a violation, then

the reprisal must be pursuant to the law, for it is the highest

absurdity to say, that because there has been an infraction of a law

which authorizes a certain mode of redress, that we may pursue a

different mode of redress in violation of the law which gives us the

right. This would be at once to renounce the whole system of the laws of

nations, and throw mankind back into a state of savage barbarity and

ferocity.

Mr. S. then adverted to the policy of the measure. He said, upon a fair

calculation, it would be found that the adoption of the proposition

would be productive of far greater injury to this country than the

amount of the losses sustained by our citizens in consequence of the

spoliations committed upon our commerce. It is evident that this

country, even admitting that a war should take place, would wish to

renew their commercial connection with Great Britain. But if, in

contempt of the law of nations, we seize on private debts, we shall for

ever forfeit all credit; no trust can be reposed in our citizens, and no

faith in our Government. No foreign merchants will ever deal on credit

with our citizens, from a well-guarded apprehension that, in case of a

war between the countries, the sacred nature of private contracts will

not protect them against the hand of a Government which has exhibited

the example of a deliberate violation of the laws of nations. When we

consider the immense advantages that can be derived from private credit

and national honor, it will be easy to imagine the infinite mischief

that must result from a disregard of those principles.

Mr. S. objected to the measure on the ground that he considered it to be

a declaration of war; and he did not think that the circumstances

required or justified our taking that step. He said that notwithstanding

the unwarrantable proceedings of the British nation; yet, no act had

been done by the British Court that clearly indicated an intention to

make war directly upon us, or that could be considered as direct and

intentional war, though we might consider many of their acts as just

causes of making war on our part.

The revocation of the Order of the 6th of November, the new instructions

of the 8th of January, and the explanation given to the merchants of

London, clearly evidenced that a war might be avoided with that nation.

While there was the remotest possibility of preserving our peace we

ought not to do an act which might endanger a war. While then the

conduct of the British Cabinet would admit of an explanation, while

there was a prospect that we might obtain by negotiation restitution of

the property of our citizens or compensation for the losses they had

sustained, we ought to pursue that mode; but if we proceeded to make

reprisals by adopting an illegal measure, it must certainly be deemed a

declaration of war.

The omission of the regular means of obtaining satisfaction by

negotiation, and an unwarrantable mode of reprisal, would certainly be

just causes of war. If we must be driven into a war, it would be of the

highest advantage to us to conduct it in such a manner as to convince

the people of Great Britain that we sincerely wished to avoid it, and

that the unjust and illegal proceedings of their own court have been the

sole cause of the war. In such a case we have reason to think, that so

great is the interest of that nation in preserving our commercial

connection, that a powerful party will be formed in our favor to oppose

the injustice of the Government. The sentiments of the people will be

against the war, and the court will find it extremely difficult to

maintain it under such circumstances.

But if, without demanding an explanation, we proceed to adopt rash,

violent, and unwarrantable measures, the spirit of the nation will rise

against us, and the people will join the court in prosecuting a war

which will be then deemed just and necessary.

Mr. S. then observed that we ought to take into consideration the

present situation of Europe; that the late successes of the French

nation had materially changed the political prospect. It was possible

that these successes had been the cause which had produced an alteration

in the views of the British Court. If events had happened which had

rendered the disposition of that nation less unfriendly and hostile, we

ought to take advantage of that circumstance, and not do any thing to

check the progress of that favorable disposition. He most sincerely

hoped that these successes would convince the combined powers of the

impossibility to conquer France, and produce a general pacification.

While such were the prospects, he ardently wished that a measure

repugnant to the principles of common honesty and common justice might

be rejected; and he hoped that no gentleman in the committee would vote

in favor of a proposition which would fix an indelible stigma on our

national character.

The committee now rose, and had leave to sit again.

THURSDAY, April 10.

_Non-Intercourse with Great Britain._

The House again resolved itself into a Committee of the whole House, on

the motion of the 7th instant, to prohibit all commercial intercourse

between the citizens of the United States and the subjects of the King

of Great Britain, so far as the same respects articles of the growth or

manufacture of Great Britain or Ireland.

Mr. SEDGWICK said he was sorry to rise, unprepared as he was, as he had

yesterday occupied as great a portion of the time of the committee as

perhaps he was entitled to. He had hoped some other gentleman would have

risen, who, having better arranged his ideas than himself, had a

preferable claim to the attention of the committee. Unprepared as he

was, he could not permit a question so important as that under

consideration to pass, without entering against it his solemn protest: a

question involving the dearest interests of our country, and threatening

to exchange the unexampled prosperity it had for some years enjoyed, for

all the horrors of war. He said he the more regretted the part he was

obliged to take on this occasion, because he feared he should, in his

vote, divide from many gentlemen whom he much respected; but as his

opinion had been formed on mature deliberation, neither his honor, his

conscience, nor the duty he owed to his country, would permit him to be

silent. If the evils he foresaw should result from the measure under

consideration, he wished it might be known that no part of them could

with justice be imputed to him as their author. If, therefore, he should

be so unfortunate as to stand single and alone, he would not fail to

oppose, as far as he could, the measure before the committee.

That injuries unprovoked and inexcusable had been inflicted by Great

Britain on this country, was acknowledged by all. No man felt stronger

indignation than himself at the insults which had been offered to our

country, and the wrongs which had been done to our citizens; no man was

less disposed tamely to bear the haughty and unprovoked aggressions of

any foreign nation; no man would go further to procure redress for our

wounded honor, and indemnification for our injured citizens. If, after

seeking reparation in the way dictated by prudence and humanity, happily

prescribed by the modern usages of civilized nations and commanded by

the principle of religion; if fair negotiation should be tried, and

justice not obtained, he would then seek redress by the means which God

and nature had given us. He remembered well the miseries and vices of

war, a war in which he had taken a part. It was a war of honor and

interest: he well remembered its circumstances and effects. He had lived

to see the wastes of that war repaired; to see a state of order and

security; to see his country progressing in all the means of happiness.

No man who loved his country, and rejoiced in its prosperity, would

consent, but from inevitable necessity, to see it again plunged in the

horrors of war.

Although all combined in opinion that our injuries were great, that they

must be redressed, yet no one had suggested that war should precede

negotiation. Respecting this, there was happily but one opinion. On

every side of the House, it was acknowledged a duty indispensable in our

present situation, to state our complaints of injuries to the authors of

them, and to demand redress. We were only divided as to the manner of

our application, and the circumstances under which our demand should be

made. He had already, on another occasion, taken the liberty to declare

his opinion of the line of conduct which was dictated by our present

situation; that we should manifest that we are averse to war; but,

should it become inevitable, we should encounter it with that undaunted

spirit which became freemen, insulted in their honor and injured in

their rights. He had the most perfect confidence in the bravery of our

citizens. At the same time that he knew they would never surrender their

rights, he was sensible that they would avoid, if possible, an

unnecessary and wanton effusion of blood.

Gentlemen had disclaimed any intention to adopt any measures tending to

war; they had said this measure had no tendency to such an event. This

assertion he could not believe, because this measure contained a threat

of inconvenience; and every threat of inconvenience was a cause of

irritation, and every irritation between nations who had already

differences to decide, undoubtedly tended to widen the breach, and of

course to produce war. If gentlemen were sincere in their declarations,

that all differences between America and Great Britain should be

terminated by peaceable negotiation, (and he would not call their

sincerity in question;) if Great Britain was proud, haughty, and

insolent, as she had been repeatedly denominated, was it probable, he

asked, that she would be more inclined to do us justice, by enlisting

her pride and insolence against us?

Mr. S. said, that the late violences by which the property of our

citizens had been plundered, were the immediate and avowed cause of the

present measure; that as yet no representation of these injuries--no

demand for compensation had been made; that such representation and

demand should precede hostility was conceded by all. It only then

remained to be considered, in what terms and manner such claim should be

exhibited. In terms, he said, doubtless firm and decided; but if it was

intended to produce the desired effect of peace, and to prevent

hostility, the language should be decent and conciliatory. He called on

gentlemen to show an instance, in modern times, where a nation

complaining of injuries, but desirous of peace, had accompanied their

demands of justice with threats of inconvenience? The opposite practice

was universally established, and on the known principles of human

nature. He appealed to the feelings of every honorable man in the

committee, whether demands for justice and reparation for injuries were

enforced by threats? whether repugnance to a compliance with such

demands was not created by such means? If every man felt the operation

of this principle, how much more powerful would it be on the minds of

the governors of a nation styled proud and insolent? He said he would

charge no man with an intention to involve this country in all the

horrors and desolating scenes of war. He could not, however, help

declaring, that war or amicable negotiation evidently must decide the

controversies between America and Great Britain, and that were his mind

determined on the former, he should recommend those measures which

gentlemen had brought forward to the consideration of the House, as the

most operative means of rendering the event certain, and of banishing

every prospect of accommodation. To seize on British property, to

confiscate or sequester British debts, to annihilate as far as in our

power her commerce, to starve her manufacturers, and to humble her

pride; these were infallible means of defeating negotiation, and of

uniting, as one man, that nation against us, in all the views of her

administration.

It had been said, that a principal benefit to be expected from the

institution of Republican Government was, that cool and temperate

reflection would direct the conduct of nations. How far our conduct on

this occasion had verified such an expectation, he wished gentlemen to

reflect. He had himself fondly hoped, in the Government of this country,

to have seen these principles exemplified, and all intemperance of

expression, and all the heat of passion, banished. It had been said,

that a statesman should be all intellect: never, surely, was a time or a

country, which more required than the present time, and by this country,

the exercise of cool temper, to the exclusion of passion, to conduct

with safety the political machine through surrounding dangers. He well

remembered a former non-importation agreement; he remembered, too, its

effects: they were such as might have been expected; they were such as

to convince every cool and considerate man, that the measure itself was

impolitic and unwise. It immediately raised the price of all articles of

importation to an exorbitant and extravagant height. Hence it was

immediately beneficial to importers and shopkeepers, and hence it may be

easy to understand why this measure was said to be so popular in

Philadelphia and other great towns. But as the Representatives of the

whole people of America, the Legislature ought to reflect, that in

proportion as this measure would operate beneficially to the dealers in

imported commodities, it would become burdensome and oppressive to those

who are best entitled to our regard--the substantial yeomanry of the

country--on whom we must principally depend for support, in the arduous

conflict which we had too much reason to apprehend. If we must

eventually support our claims by arms, the more property we could import

before the commencement of war, the more beneficial would it be. In that

case, the most wise and prudent policy would be, that which would give

the greatest extent to our credit; and, on the contrary, the most unwise

and wretched, that which would tend to deprive our people of the

ordinary means of supplies.

If this system should prevail, were we to receive British productions

through other countries? This would be injuring ourselves, without

affecting Great Britain. Was there any other country which could give us

the same supplies we wanted? There certainly was none. Were we to depend

on ourselves alone, the inconvenience would be great, if not

intolerable. What, he further asked, would become of our produce, in the

event contemplated? Without entering into a minute detail, he said, he

would venture to pronounce that a great part of it would perish on our

hands.

It was, he said, doubtful, how far at any time the proposed system might

go to distress Great Britain; but, at this time, it would afford

facility to her in recruiting her fleets and armies. Were manufacturers

and laborers thrown out of employment, and thereby deprived of bread,

they would be alike stimulated by want and despair to fight the battles

of their country against those who had reduced them to necessity. In

short, he saw nothing which should stimulate the Legislature to adopt

this measure, but passion without, and resentment within, these walls.

He saw nothing in the system itself, as it respected Great Britain, but

vain and ineffectual irritation; nothing in relation to our own country,

but defeat, wretchedness, and want.

He said he had taken the liberty to suggest to the committee certain

constitutional considerations. The answers which had been given had been

by no means satisfactory. It was incumbent on gentlemen who had so

frequently warned us of the danger of usurping power--who had so

frequently, and in language so animated, charged us to avoid grasping

power, by implication and construction; it was incumbent on those

gentlemen, would they preserve consistency of character, clearly to

demonstrate the authority which they assumed, that it might not be

supposed that their construction of the constitution was a convenient

accommodation to the existing circumstances. It was not now a question

whether the people had made a wise or prudent distribution of the powers

of their Government: they had declared their will, and that will we were

bound by every consideration of honor and duty to execute. In the

instrument under which we acted, they had declared that the PRESIDENT,

under certain modifications, should be their organ, to treat exclusively

with foreign powers. This authority, thus exclusively delegated,

includes all the terms on which a treaty could be formed. What was the

present measure? Prescribing the terms of treaty, and restraining the

constitutional power from treating on any other terms. If the

Legislature could prescribe those terms, in this instance, it may then

prescribe all the terms, in every instance; and of course control, in

all things, the exercise of that power.

To this reasoning two answers have been given; the one by a gentleman

from Pennsylvania, (Mr. SMILIE,) that the Legislature might make such a

law, because the Executive could repeal it. He really could not

comprehend the force of the reasoning; he was glad, however he could,

with perfect confidence, contradict the assertion, which he was sure

would be a very disgusting one to the people of America. There was, in

fact, in no instance, an authority given to the Executive to repeal a

constitutional act of the Legislature. The other answer was that given

by a gentleman from Virginia, (Mr. NICHOLAS,) that there could be no

objection to the exercise of this power, if it should be assented to by

the PRESIDENT and Senate. This was a still more extraordinary and

unsatisfactory answer than the other. It implied that the PRESIDENT and

Senate could make grants of power to this House not contained in the

constitution. To this he would answer, that all the powers which the

House could legally exercise, were expressed in the instrument under

which we acted; that those powers could be neither enlarged nor

abridged, by any man or body of men on earth, but in the way pointed out

by the instrument itself.

Mr. S. said these considerations he had expressed without any previous

preparation, as they occurred to his mind. Should gentlemen who viewed

the subject in the light he did remain silent, he would, in the further

progress of this measure, he pledged himself, with more orderly

arrangement, and he hoped with more perspicuity and force, address

himself to the consideration of this committee, or of the House. It

would avail little to tell him that his opposition would be unpopular;

no man more than himself wished the good opinion of his countrymen, but

no personal inconvenience, no loss of fame or popular affection, should

ever induce him to see his country threatened with evils incalculable in

number and duration, without warning her of her danger; a country which

he loved, and which he might, on this occasion, be permitted to say, he

had long served with honest fidelity, and without a single instance of

sinister or mere personal regard.

The committee now rose, and had leave to sit again.

FRIDAY, April 11.

_Non-Intercourse with Great Britain._

The House again resolved itself into a Committee of the whole House on

the motion of the 7th instant, to prohibit all commercial intercourse

between the citizens of the United States and the subjects of the King

of Great Britain, so far as the same respects articles of the growth or

manufacture of Great Britain or Ireland.

Mr. BOUDINOT first rose this day, and said: Mr. Chairman, in a question

of so much national importance, there needed no apology from any member

of the committee for claiming their attention, while he gave the reasons

for his vote. The impatience shown by his colleague, (Mr. CLARK,) or any

other gentleman, for the question, ought not to influence any member of

the committee. When the fate of a nation of as much consequence as the

United States, appeared to be suspended on a vote, the least to be

expected from gentlemen was, to act with freedom, deliberation and

independence. He supposed he should be among those who, at the taking of

the question, would probably be found in the minority. That this would

be his vote, if he was convinced that he should be single and alone. He

felt himself deeply and seriously affected with a view of the precipice

on which, in his apprehension, his country seemed to stand, and he

wished, for his own part, to take a full and deliberate view of it,

before he joined in precipitating a leap, that might not add to her

safety or happiness. Reasoning and not declamation should be expected

from gentlemen in favor of the measure under consideration.

He said, he would address himself to the judgments, and not to the

passions of the committee. He acknowledged it might fall to his lot to

mistake the true and essential interests of his country; but, if this

should be the case, he had the satisfaction of knowing that it would

arise from the most honest and upright intentions. It was, therefore, on

these principles, that he should proceed in giving his opinion on the

important resolution on the table.

But, before he went further, he could not forget the respectful

compliment paid yesterday by his honorable friend from Maryland (Mr.

SMITH) to his moderation and gray hairs; indeed, he should not have

taken it to himself, as he had the honor of having white, instead of

gray hairs, had not Mr. S.'s attention been immediately fixed on him. If

either age or moderation would command his worthy friend's close

consideration of this subject, he besought him, as well as the other

gentlemen of the committee, to join in attending to it calmly and

seriously for a few moments, before the die was cast. He said, he owed

much, on behalf of his country, to that gentleman for his services in

the field during the late war, when both his zeal and his passions were

rendered so eminently useful, that he could with pleasure apologize at

all times for his warmth and animation on any subject when their common

country was not to be affected. But would he permit him, earnestly, to

request that, with other members, he would call to mind, that they were

now the Representatives of four millions of people? That perhaps the

lives of thousands of their fellow-citizens were depending on a single

vote. That the welfare of a country dearer to them than life was at

stake. Gentlemen must, therefore, agree, that the question was a serious

one, and deserved to be treated with the most serious and deliberate

consideration. Judgment, and not resentment, should direct the final

determination, let it be what it may, and give a sanction to all their

measures.

He observed, that gentlemen against the question had been accused of

want of propriety, in looking calmly, and without the exercise of their

passions, on the sufferings of the unhappy prisoners at Algiers, and the

piratical spoliations of our fellow-citizens in the West Indies. Yes,

sir, said he, when he knew that it was neither passion nor declamation

that could afford effective relief to these suffering members of the

political body, he should continue to persist in that steady, serious,

and deliberate line of conduct, that, in his estimation, was only

calculated to produce that permanent and efficient aid and relief, which

their extreme distress so loudly called for; but, in his turn, he asked

gentlemen to give up their warmth on this occasion, that they might also

reflect, even without passion, on the number of their fellow-citizens

that must fall a sacrifice in the most successful war. Will not

gentlemen weigh well that vote, that may possibly increase the number of

mourning widows and helpless orphans?

These considerations had led him to consider the measure now proposed,

as of great moment and importance, and to wish it might be reasoned on

and considered in a manner becoming Legislators and Representatives of

United America, who have been sent here as her counsellors and trustees,

and to whom she has committed her best and most sacred interests. He

said, for argument's sake, and to simplify the debate, lest he should be

drawn into unnecessary disputation, he should concede for the present:

the constitutionality of the resolution proposed; the right of the

committee to originate and determine on the measure; the unprovoked

aggressions of Great Britain to warrant and justify the prohibition.

These arguments had been repeated and urged with great apparent force,

by gentlemen in favor of the affirmative side of the question; but, were

the principles arising from these facts sufficient to justify a

determination in favor of so harsh and unprecedented a proceeding,

without previously demanding an explanation and full indemnification,

agreeably to the customs and usages of other nations?

Would arguments of this kind satisfy our constituents, if they should

find themselves suddenly plunged into an expensive and ruinous war?

Would it not very naturally be asked, why were not the true interests of

the United States under these existing circumstances carefully inquired

into, and made the principal and leading object of attentive

consideration? In his opinion, this should peculiarly be the sum of

their present inquiry--was it not the duty of the committee critically

to examine into the preparation they were in for a step, that, in the

imagination of some gentlemen of character and reputation, at the last,

might precipitate our country into an immediate war? Were our ports and

harbors in any tolerable state of defence? Were our magazines and

arsenals properly supplied? Were our citizens in a state of organization

as militia? In short, did not the measure threaten a sudden transition

from a state of profound peace and happiness, unequalled by any nation,

into a state of war and bloodshed, without taking those previous and

prudent measures that might probably lead to an avoidance of this

national evil, or at all events enable us to meet it with decision and

effect?

Gentlemen had referred the committee to the conduct of America in 1776,

and the success of the late war has been urged for our encouragement.

The non-importation agreement has been recurred to as a precedent in

point. He said, he was well acquainted with most of the events of the

late Revolution. The first motions towards it, found him engaged in the

common cause, and his best endeavors to complete and secure it had never

since been wanting. He well remembered the consequences of the

non-importation agreement, and the sufferings of our brave

fellow-citizens from that imprudent measure. He had tracked them over

the frozen ground by their blood, from the want of shoes, and was

sensible that many had perished by the inclemency of the season, for

want of tents and clothing: that agreement was universally reprobated,

as a measure imprudently entered into on the principle of expecting to

be involved in a war, which had it been then contemplated, nothing could

have justified. Mr. B. appealed to the knowledge of many men who heard

him, that this agreement had often been urged to Great Britain, as a

conclusive evidence, that at the time of its adoption, America had not

the least intention of independence, or a separation from the mother

country; otherwise, she could never have been guilty of so impolitic a

resolution. He asked, then, if the committee would now repeat the

mistake with their eyes open, and expose our country to the same

misfortunes, and our fellow-citizens to a repetition of sufferings, by a

measure that promised not one important advantage to the Union that he

had heard of? In the late war, America had all the ports and harbors of

the other European nations open to her, but now circumstances would be

altered; in case of a war the very reverse would be our position,

excepting as to those of France.

Mr. B. confessed, that his arguments were founded on his conviction that

the resolution was a measure that would necessarily produce war,

immediate, inevitable war.

His reasons were drawn from the present state of Great Britain, being in

alliance with the principal powers of Europe, and under treaties to make

all wars, arising from the united opposition to France, a common cause.

The necessity she would have of employing her supernumerary hands, if

not in manufactures, in her armies and navies, to prevent trouble at

home, added to her old grudge against us on account of principles that

promise much trouble to all the monarchs of Europe: her late conduct

with regard to our trade, founded on the instructions of the 8th of

June, and 6th November last: her withholding the posts, contrary to

every principle of justice and good faith, and against the most positive

assurances: and lastly, from the anxiety to regain the territory between

the Lakes and the Mississippi;--he agreed that neither of these singly,

nor even the whole together, could justify her in her own opinion, in

making an open attack upon us, but might tempt her to construe the

measure before the committee into an act of hostility on our part, as

contrary to our professed neutrality. He said, it was a point conceded

in the laws of nations, that granting to one of the belligerent powers

advantages in your ports which were refused to another, was a breach of

neutrality.

The object with Great Britain would be, to convince her allies, that the

aggression arose on account of the war with France, to prevail on them

to make it a common cause; and in this they would not want plausible

evidence. It was not sufficient, he alleged, that we knew ourselves

innocent of the charge. We should be prudently careful not unnecessarily

to give reason to justify the construction. If the previous steps of

negotiation, used by all civilized nations, were neglected, they would

have the advantage of the argument, and we should injure ourselves. He

asked if any gentleman would say that a prohibition of commerce at the

eve of a war, or even the apprehension of it, was wisely calculated to

clothe an army, replenish our magazines, supply our arsenals, or provide

a revenue by which to support a war?

He wished every member had taken the trouble he had done, of looking

into their stores, inquiring what was on hand, calculating what would be

absolutely necessary, and reflecting seriously and dispassionately on

the sources of supply. If they had, he doubted not but that they would

find something more than passion and resentment necessary, to meet the

probable consequences of so premature a determination.

It was no uncommon thing for gentlemen to differ on important measures;

and he would not even insinuate, that he might not be found wrong in

these ideas, and wholly mistaken in his conjectures on this occasion,

but he begged members to consider the different ground on which the two

sides of the House stood. If the minority, of whom he expected to be

one, should in the end be found to have been alarmed with consequences

altogether unfounded, and that the issue proved successful to the peace

of our common country, they would have the happiness of rejoicing with

the majority in their superior wisdom and foresight; and though even

they should suffer in character, yet their country would be saved. But

if the minority should in the end be right, and our country should be

deluged in a destructive war, and her best interests be endangered by

the discovery of the mistake too late for redress, gentlemen in favor of

the resolution, would seriously regret that they had not at least used

more caution.

He said, as at present advised, he should give his vote against the

resolution. It would be from a thorough conviction, on the most careful

examination, that the resolution was against the interest and welfare of

the United States, all circumstances considered. And this he should do,

wholly regardless of the malevolent insinuations, that Britain had an

influence in that House. He felt a conscious dignity of mind, a virtuous

pride of heart, in believing that it was not all the wealth of that

opulent nation could purchase his influence to a single measure

injurious to his country; and under that conviction, he could not

believe there was a member of the committee in a different predicament.

He again repeated, that he should most sincerely rejoice, if this

measure should be adopted, to find, in the end, that his mind had viewed

it, as productive of consequences that were wholly unfounded; and,

although under his present view of the subject, considering it as

inimical to his country, he was bound in conscience to vote against it,

yet the councils of America were directed by superior wisdom, and that

this country had reaped the rich harvest of peace and happiness. But it

might now be asked, if it was meant passively to submit to the injuries

acknowledged on all hands to have been sustained by the imperious and

overbearing conduct of Great Britain? He answered no, by no means.

He would follow the examples and pursue the measures of other nations in

like circumstances--examples and measures founded in policy and sound

understanding. He would, by a special envoy, make known to that court

our sense of her unwarrantable aggressions; he would demand immediate

indemnification for the present, and security against future sufferings

of the like nature--insist on a categorical answer, after applying to

her justice and best interests; and if at last a war must be the only

means of obtaining justice, he would then (being previously prepared)

meet it as became a free and independent nation, trusting to the

righteousness of her cause.

By this means, the other nations of Europe would be made acquainted with

our complaints--become witnesses to our love of peace, and bear

testimony to the justice of our appeal to arms. He said, he had fully

considered the question--he had viewed it in every point of light--he

had endeavored to consider the consequences which most probably would

arise from it, and he could not convince his mind, that the measure

would be productive of any good to the United States, while it offered

many reasons to conclude, that it might be fraught with the greatest

evil. In case of the most successful war, America had nothing to gain,

while her loss of blood and treasure was sure and certain. He had once

flattered himself that this was the only country on the globe, whose

interest it was to be at peace with all the world, and at the same time

the interest of all the world to be at peace with us. But he feared we

had been so much actuated by a resentment of injuries received, as to

lose sight of our true interests under existing circumstances, and,

therefore, should be hurried into measures we might hereafter have

reason seriously to lament.

The committee now rose.

MONDAY, April 21.

_Non-Intercourse with Great Britain._

The House resumed the consideration of the resolution reported by the

Committee of the whole House on the fifteenth instant, to prohibit all

commercial intercourse between the citizens of the United States and the

subjects of the King of Great Britain, or the citizens or subjects of

any other nation, so far as the same respects articles of the growth or

manufacture of Great Britain or Ireland; and the amendment and

modification thereof, which was proposed on Friday last, being further

considered and debated, the said resolution was amended to read as

follows:

"Whereas, the injuries which have been suffered, and may be

suffered, by the United States, from violations committed

by Great Britain on their neutral rights and commercial

interests, as well as from her failure to execute the

seventh[50] article of the Treaty of Peace, render it

expedient for the interest of the United States, that the

commercial intercourse between the two countries should not

continue to be carried on in the extent at present allowed:

"_Resolved_, That, from and after the first day of November

next, all commercial intercourse between the citizens of

the United States and the subjects of the King of Great

Britain, or the citizens or subjects of any other nation,

so far as the same respects articles of the growth or

manufacture of Great Britain or Ireland shall be

prohibited:"

And then the main question being put, that this House doth agree to the

said resolution, as amended, it was resolved in the affirmative--yeas

58, nays 38, as follows:

YEAS.--James Armstrong, Theodorus Bailey, Abraham Baldwin,

John Beatty, Thomas Blount, Thomas P. Carnes, Gabriel

Christie, Thomas Claiborne, Abraham Clark, Isaac Coles,

William J. Dawson, Henry Dearborn, George Dent, William

Findlay, Thomas Fitzsimons, William B. Giles, James

Gillespie, Nicholas Gilman, Christopher Greenup, Andrew

Gregg, Samuel Griffin, William Barry Grove, George Hancock,

Carter B. Harrison, Thomas Hartley, John Heath, John

Hunter, William Irvine, Matthew Locke, William Lyman,

Nathaniel Macon, James Madison, Joseph McDowell, Alexander

Mebane, William Montgomery, Andrew Moore, William Vans

Murray, Joseph Neville, Anthony New, John Nicholas,

Alexander D. Orr, John Page, Josiah Parker, Andrew Pickens,

Francis Preston, Robert Rutherford, Thomas Scott, John S.

Sherburne, John Smilie, Israel Smith, Samuel Smith, Thomas

Sprigg, Thomas Tredwell, Abraham Venable, Francis Walker,

Benjamin Williams, Richard Winn, and Joseph Winston.

NAYS.--Fisher Ames, Elias Boudinot, Shearjashub Bourne,

Benjamin Bourne, Lambert Cadwalader, David Cobb, Peleg

Coffin, Joshua Coit, Samuel Dexter, Uriah Forrest, Dwight

Foster, Ezekiel Gilbert, Henry Glenn, Benjamin Goodhue,

James Gordon, Daniel Heister, James Hillhouse, William

Hindman, John Wilkes Kittera, Henry Latimer, Amasa Learned,

Richard Bland Lee, Francis Malbone, Theodore Sedgwick,

Jeremiah Smith, William Smith, Zephaniah Swift, Silas

Talbot, George Thatcher, Uriah Tracy, Jonathan Trumbull,

John E. Van Allen, Peter Van Gaasbeck, Peleg Wadsworth,

Jeremiah Wadsworth, Artemas Ward, John Watts, and Paine

Wingate.

MONDAY, April 28.

ALEXANDER GILLON, from South Carolina, appeared, produced his

credentials, and took his seat.

MONDAY, May 12.

_The Embargo._

On a motion made and seconded, that the House do come to the following

resolution:

"_Resolved, by the Senate and House of Representatives of

the United States of America in Congress assembled_, That

the present Embargo be continued, and every regulation

therein shall be in full force until the twentieth day of

June next:"

Mr. PARKER observed, that, although he was much in favor of the Embargo

when it was first enacted, yet, at the present time, he thought it would

be improper to continue it.

At that time, a system was formed by a majority of the House, for

carrying into effect measures that might counteract the nefarious

practices of the British Government on our commerce; that the first

object which presented itself to him was to lay an embargo, in order

that the large fleets and armies of the British in the West Indies, who

were there on a design to conquer the islands of our friends, and had

committed robberies on neutral property, that would disgrace a banditti

of pirates; and, in order that they should be deprived of the supplies

which they might require, as well as to prevent the further capture of

our vessels, and treating the American flag and citizens with insult and

cruelty, I thought that would be the stepping-stone to other measures

which were concerted to oppose the insults of our enemies, and doing

justice to our citizens, whose property had been robbed and persons

abused by British armed vessels; that this was to be followed by a bill

which had passed the House of Representatives by a great majority for

breaking off all commerce with Great Britain after November next, and

this was to be followed by an arrestation of British property, to

reimburse our citizens for the losses we had sustained; that, as the

second measure was rejected by the voice of the VICE PRESIDENT in

Senate, which had broken the chain; and, as the PRESIDENT had appointed

a pacific Envoy Extraordinary to the British Court, and as the fleets

and armies of the British in the West Indies, under Sir John Jervis and

Sir Charles Grey, had captured most of the French islands, he thought it

would be improper to continue the Embargo, the more so as the PRESIDENT,

by slipping in and arresting the progress of the Representatives, no

doubt, with a certain hope of the continuance of peace, and being

responsible therefor, he deemed it best not to interfere, and to give up

every further prospect of hostility, until the event of the mission to

Britain shall be known.

Another reason that operated very forcibly with him, was, that our

French friends were much in want of provisions; and, as there was no

prospect of discriminations in their favor, which he had wished for, he

should give it as his opinion, that it would be improper to continue the

Embargo after the 25th instant.

From the commencement of the administration of this Government, certain

gentlemen, and particularly those of the Eastern States, had been

charged with regulating their political conduct by local considerations.

They had disregarded the interest of every part of the United States,

but the particular districts of country from which they came. The charge

was now reversed: those districts have suffered infinitely beyond their

neighbors, by the effects of those measures of which we complain; and,

notwithstanding all this, the Representatives of those districts have

all at once so totally changed, have become so tame, so torpid, as to be

regardless of the interests and sufferings of their immediate

constituents. Nor (said he) is this all; our kind Southern brethren

have, from pure disinterested benevolence and with a most acute

sensibility, determined to procure for our constituents that redress to

which we are indifferent.

It had been said, that the gentlemen who were in favor of

indemnification had opposed every measure of energy. They had, indeed,

opposed certain measures to which they would give a very different

appellation. They had not only favored, but had been the authors of

every measure of respectable efficiency, as well in respect to force, as

the means of defraying the expenses which our situation had rendered it

necessary should be incurred. He need not say who had opposed those

measures.

Mr. FITZSIMONS hoped that the House would not agree to the resolution.

He stated the numerous inconveniences which had arisen from the measure

already. The system of British conduct was now altered. There were at

present many ships detained in the harbors of the United States, that

were cleared out before the Embargo was laid. Their detention, as far as

he could learn, was contrary to the common practice of nations, in cases

of that nature.

Mr. W. SMITH said, that the reason why the Embargo had been laid on was,

the piracies of Britain. The second orders of the 8th of January last

had produced no alteration for the better in the conduct of her

privateers. We had yet heard nothing from the agents despatched to the

West Indies; and we ought not to revoke the Embargo till some change of

system, on the part of Britain, should warrant the measure; we knew

nothing about the actual state of matters in the West Indies. The

newspapers were filled with stories of releasing American vessels in one

island, and of capturing them in another. One captain had come to this

port, and told a story to the editor of a newspaper. He then went to

another publisher of a paper, and told a story _quite opposite_! The

House could make nothing of such a farrago--such a jumble of

contradictory reports. The public sentiment was against taking off the

Embargo.

Mr. WADSWORTH was against the motion. It had been said that American

ships did not arrive from the West Indies. They did arrive in great

numbers, and as quickly as could be expected. From this he inferred that

the ravages of British privateers had, in a great measure, ceased.

Insurance at present is not higher than ten per cent. A million of

bushels of salt will be wanted this season in the American States; and

they will be a million of dollars dearer, if the Embargo is kept on,

than if it is taken off. Mr. W. said, that he had got home all his

importations for this year. He had nothing, therefore, to apprehend on

his own account, from the continuance of the Embargo. It was his firm

opinion, and he could declare it upon his honor to be so, that, if the

Embargo continued, the value of his own imports would rise one hundred

per cent. He believed that salt would rise to three dollars a bushel.

Mr. NICHOLAS had approved of the Embargo when imposed; and he now hoped

that it would be repealed by as great a majority as that which voted for

laying it on.

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