The 5th, which was in the following words, having been read,
"_Resolved_, That provision be made, by law, for regulating
the arming of merchant vessels of the United States,"
Mr. SWANWICK inquired, with what view these vessels were to be provided?
Against whom they were to be employed? and in what cases they were to
defend themselves? The information which he might receive on these
inquiries, he said, would have considerable weight in influencing his
vote.
Mr. HARPER said the detail would be brought forward in the bill; the
principle was now only to be determined. He had not thought of all the
modifications which might be given to it, though he had thought of many;
but it would be best discussed in its general form. The gentleman, if he
thought proper, might introduce into the resolution any principle which
he might wish to have inserted in it.
Mr. WILLIAMS said it was well known that a number of our merchantmen
were arming in different ports of the Union, and it was, therefore,
necessary to regulate this business, to prevent mischief being done.
Gentlemen might differ in opinion with respect to the marine law or laws
of nations on this subject; but all would wish, since vessels were
arming, that they should be put under some restraint. When he voted for
manning the frigates, he did it with a view to have them employed in the
defence of our coasts, and not as a convoy. Our situation, he said, was
truly critical, and he was undetermined how far it would be proper to
arm the merchant vessels of the United States; but to prevent mischief,
he wished the resolution might be agreed to, reserving to himself the
right of voting ultimately for or against it. It might afterwards
undergo such modifications as should be found necessary.
Mr. LIVINGSTON said the gentleman from Pennsylvania had very properly
inquired what was the scope of the present resolution, and he expected
some answer would have been given. The gentleman from South Carolina had
said they must vote for the principle, and the detail would come of
course. So that without knowing its object, whether it was defensive or
offensive, they were called upon to agree to the principle. This
deficiency had been supplied in some degree by the gentleman from New
York. He says the merchants have undertaken to arm their vessels. He
wished to know whence he derived his information? The only information
before them was in the PRESIDENT's Speech, where he says he has
forbidden such armament, except in the East India trade. He therefore
supposed the fact not well founded. What, he asked, was intended to be
done with these armed vessels? He said they must argue hypothetically.
He supposed they were intended to protect our trade. He did not believe
they were meant to operate offensively. But he would ask if this were
the case, if it would not lead directly to war? since individuals would
be left to determine the laws of nations, and of course the peace of the
country would be placed at their disposal, and all precautions, on the
part of Government, would be in vain, since individuals, who might have
an opposite interest to that of the Government, might be continually
committing acts of hostility.
Mr. S. SMITH acknowledged that the present was a very delicate subject;
but had not the PRESIDENT forbidden the arming of merchant vessels, he
should have been of opinion that the merchant vessels of a neutral power
had always a right to arm for their own defence. But he believed it was
necessary that something should be done. Merchants would arm their
vessels from the right given to them by the law of nations, and, if not
restrained, might go on to do acts which could not be justified. Though
he believed merchants possessed the right of arming their vessels, yet,
rather than do any thing which would involve the country in war, he
believed they would desist from the practice, and bear the losses which
they might, for the want of arms, suffer. He moved to strike out the
word "regulating," and to insert in the place of it "restricting in
certain cases."
Mr. GALLATIN said it seemed as if the motion of the gentleman from South
Carolina was susceptible of any shape, since the amendment now
incorporated into it seemed to have a different view from the original.
At present he would state his objections to the principle of the
resolution itself. The first inquiry was, whether the law of nations
permitted the merchant vessels of neutral nations to arm? If they had
not a right to permit it, whether they are not bound to prohibit it? He
had examined the law of nations on this subject, and found no such
authority, nor did the practice of modern times justify the practice. He
took a view of the different stages of society, to show that whenever
regular governments were established, the public defence was always
placed in them, and it was their duty to protect individuals, since they
did not give them leave to protect themselves.
Mr. G. said he knew of no exception but in case of letters of marque and
reprisal, and he did not know a single instance within the last century
where these had been granted, but war had been the consequence, so
repugnant were they to the present state of society. It was true,
nations might be in such a state as to find it necessary to grant such a
power; as when a nation with which it has to do is unable to support the
common relations of intercourse. Two instances of this kind presented
themselves, viz: the East India trade and the Mediterranean trade. In
carrying on our trade with the East Indies, our vessels were met by
those of a number of uncivilized powers, upon whom no restraint could be
had, so that no remedy was left to us, but immediate resistance. Nearly
of the same nature was the situation of the Barbary Powers in the
Mediterranean; and, although we enter into a treaty with them, we have
not a perfect reliance upon their observing their engagements; our
merchant vessels are therefore permitted to trade to those parts armed.
He knew it might be said that, at present, the West Indies were in a
similar situation. He believed, in some respects, they were; and this
could be the only plea for adopting a measure like the present. If it
were to be understood that there was to be an end of the negotiation
with France, or that the privilege of arming would not be abandoned, it
might be proper to authorize the arming of merchant vessels; but he
believed, if it were considered that such a permission would be almost
certain to involve us in war, it would appear to be much more wise to
await the event of the negotiation with France; not that he was afraid
of offending France by a measure of this kind, but he was afraid of
involving our country in a war.
Mr. S. SMITH conceived that Congress were called together to adopt such
measures as were best calculated to preserve the peace of the country,
by means of negotiation, and to fix upon such means of defence as would
not be injurious to the country. It was his opinion that the President
was not authorized by law to prevent the vessels of merchants being
armed; but the merchants of the United States would readily submit to
any loss rather than go to war. He knew that this was the opinion of the
Philadelphia merchants: he had seen many of them. Nor had he met with
one native American who wished to go into this arming plan; they believe
it would infringe our neutrality, and throw us into a war. When he came
here, his mind was scarcely made up on the subject. He did not like to
give up his right to defend his property; but he had found this to be
the general opinion, and therefore he brought forward the amendment,
which had been well amended by the gentleman from Connecticut. The
gentleman from South Carolina had since added _West Indies_, and this
brought them to an issue; for it was war or no war.
If the latter amendment was agreed to, he should be for striking out the
whole, leaving it general; because, with West Indies in it, it would be
particularly pointed.
They had been told of the loss sustained by spoliations, and where it
fell. He believed it fell upon the great body of the people of America,
and that the fall in the price of produce had been occasioned
principally by the British Admiral having forbidden the carrying our
provisions to Hispaniola. The British fleet in the West Indies, he said,
was supplied with provisions from Ireland, whilst the French depended
upon this country for supplies; so that they were our best customers
there.
FRIDAY, June 9.
STEPHEN BULLOCK, from Massachusetts, appeared, produced his credentials,
was qualified, and took his seat.
_Defensive Measures._