NAVAL FORCE.

Mr. W. SMITH said, he had waived a consideration of the third and fourth

resolutions, in order to pass to the fifth, because he thought it was

probable the committee would have determined upon arming our merchant

vessels; and if so, it might have influenced the votes of members on

those; but, as the committee had just decided against arming merchant

vessels, he should propose another resolution to the committee. It was

well known that the three frigates which had been agreed to be manned,

would not be ready for sea for several months; in the mean time there

might be occasion for some armed vessels; he should, therefore, submit

to them the following resolution:

"_Resolved_, That it is the opinion of this committee, that

the _President of the United States_ ought to be authorized

by law to provide a further naval force, whenever, in his

opinion, the circumstances of the country shall require the

same; and that ---- dollars be appropriated for that

purpose."

The CHAIRMAN said the resolutions of the gentleman from North Carolina

were first in order.

Mr. W. SMITH said he had no objection to the proposition of the

gentleman from North Carolina, as a part of a plan of defence, but he

thought it also necessary to attend to the protection of our commerce.

Mr. BLOUNT said, it was perfectly indifferent to him whether the

gentleman from South Carolina considered his plan as a part or the whole

of a system. That gentleman had accused those who voted against his

proposition, with being unwilling to place the country in a posture of

defence. Now, he had voted against, and should continue to vote against,

his proposition--but he was willing, notwithstanding (as he believed all

those who voted with him were) to put the country in a state of defence.

It was his opinion that internal defence only was necessary. He thought

the system which he had proposed would be sufficient. When they had

adopted this resolution, it might be considered whether any thing more

was necessary. He had no idea of creating a naval force for defence; on

the contrary, he believed it would be the means of plunging us into

fresh difficulties. For this reason, if the resolution he had proposed

were passed into a law, he should go home satisfied, with a belief that

he had done all that was necessary. And he was convinced that his

constituents would believe that he never wanted a disposition to defend

his country when in danger.

Mr. W. SMITH did not think these propositions could be of any use at

present; they would be very proper in case an invasion was apprehended.

He thought the principal object, at this time, was to defend our

commerce, and thereby secure the revenue arising from it, either by an

effectual naval armament, or by an embargo; and he thought he was

correct in saying, in reference to this defence, that the gentleman

opposed every thing, and proposed nothing. Gentlemen, he said, were very

ready to propose things which would cost the public nothing: the militia

measure proposed would cost no more than the passing of the law; but, if

ever any expense was to be incurred, then all was opposition.

The commerce of the country could not be defended, without calling upon

the people for revenue; and he thought those gentlemen who stepped

forward to advocate such measures as involved expense, and which were

consequently in some degree unpopular, deserved the gratitude of their

constituents. He had never hesitated to do this, when he thought it

necessary. He should not, however, object to the passing of this

proposition; he only rose to say, he did not think it immediately

necessary.

Mr. W. SMITH called for the reading of a similar resolution passed in

1794; which being read, and a wish expressed that the present might be

made conformable to it, Mr. BLOUNT gave his consent; and, after a few

observations from Mr. WILLIAMS in favor of the resolution, though he

denied that it could be carried into effect without expense, the

resolution was agreed to.

SATURDAY, June 17.

A bill was reported forbidding citizens of the United States from

entering into the service of any foreign Prince or State in a state of

war, which was read twice and committed to a Committee of the Whole on

Monday.

_Stamp Duties._

Mr. W. SMITH, from the Committee of Ways and Means, reported a bill for

laying a stamp duty on vellum, parchment, and paper, viz:

For a license to practice as a counsellor, attorney, &c.,

five dollars.

For every grant, or letters patent, four dollars.

For every exemplification or certified copy of

letters-patent, two dollars.

For every receipt or discharge for any legacy of fifty

dollars and not more than one hundred dollars, twenty-five

cents; above one hundred and not more than five hundred

dollars, fifty cents; and for every additional five hundred

dollars, one dollar; but not to extend to legacies left to

a wife, children, or grand-children.

For every policy of insurance of vessels or goods from one

district of the United States to another, twenty-five

cents.

For every such policy of insurance to a foreign port, for a

sum not exceeding five hundred dollars, twenty-five cents;

if it exceeds five hundred dollars, one dollar.

For every exemplification, of what nature soever, fifty

cents.

For every bond, bill, or note, (except the note of the

chartered banks which may be now or hereafter in

existence,) not exceeding one hundred dollars, ten cents;

above one hundred dollars, and not exceeding five hundred

dollars, twenty-five cents; above five hundred dollars, and

not exceeding one thousand dollars, fifty-cents; above one

thousand dollars, seventy-five cents. (If payable within

sixty days, they will be chargeable with only two-fifths of

these duties.)

For every protest of a note, twenty-five cents.

For every letter of attorney, twenty-five cents.

For every certificate or debenture, for drawing back any

duty on the re-shipping of goods, one dollar.

For every note or bill of lading, for goods from one

district to another, within the United States, (not in the

same State,) ten cents.

For ditto to a foreign port, twenty-five cents.

For every inventory or catalogue of furniture, goods, or

effects, in any case required by law, (except in the case

of distraining for rent, or an execution,) fifty cents.

For every certificate of a share or shares in the Bank of

the United States, or other bank, ten cents.

The bill was twice read, and ordered to be committed to a Committee of

the Whole on Monday.

WEDNESDAY, June 21.

_Expatriation._

The SPEAKER having informed the House that the unfinished business of

yesterday, viz: the bill prohibiting citizens of the United States from

entering into the military or naval service of any foreign Prince or

State, had the priority.

Mr. GALLATIN moved to have it postponed, in order to take up the bill

respecting an additional naval armament. This motion was supported by

Mr. GILES, and opposed by Mr. W. SMITH, and negatived, 35 to 34.

The bill respecting foreign service was then taken up, and, on motion of

Mr. HAVENS, it was agreed to leave the time for its taking place a

blank.

Mr. COIT moved to strike out the sixth section.

[It defined the mode in which a citizen of the United

States might dissolve the ties of citizenship, and become

an alien.]

Mr. SEWALL hoped it would be struck out. In every country in the world

where civil society was established, the citizens of that society owed a

certain duty to their Government, which they could not readily get rid

of; but they were about to establish a principle to put it in the power

of the citizens of the United States, at their will, and without any

pretence, to say they would be no longer subject to the Government; and

this is at a moment of danger, when citizens of other countries might

be called home from this country. He thought this would be extremely

wrong; it would be giving an opportunity for insult to our courts and

country, and he was sure no nation would show us so much complaisance in

return.

Mr. CLAIBORNE thought it no more binding for citizens born in the United

States to continue citizens of the United States, than it was for a

Roman Catholic or Protestant to continue of that opinion, when he

arrived at the years of maturity and could judge for himself. He

insisted upon it, men had a natural right to choose under what

government they would live; and they had no reason to fear our citizens

leaving us whilst our Government was well executed. He did not wish

citizens of the United States to be in the situation of subjects of

Great Britain, who, though they had left the country forty years ago,

were liable to be considered as subjects of that Government. He trusted

the rights of man would not be thus infringed, but that they should

allow the right of expatriation unclogged.

Mr. SEWALL said, there was a great difference between the two cases

which the gentleman had stated. A man born and educated in a country

certainly owed it obligations, which were not to be shaken off the

moment he chose to do so. The different societies of the world, he said,

were like so many families independent of each other; and what family,

he asked, would suffer any of its members to leave it and go into

another when they pleased? He thought it unreasonable that it should be

so.

Mr. W. SMITH said, that the doctrine of perpetual allegiance was derived

from Great Britain, and, though it might be good in theory, was not so

in practice. They had departed from many doctrines derived from that

country, and the time was come, he believed, for departing from this.

The idea of a man being compelled to live in this country, contrary to

his will, seemed to be repugnant to our ideas of liberty. He thought

when a man was so disgusted with a country as to resolve to leave it,

for the purpose of becoming a citizen of another country, he should be

at liberty to do so on his complying with certain formalities, and

should never again be re-admitted. It was upon this principle that this

section is founded, and he thought it valuable.

Mr. S. thought this section essential, as it would be a means of

preventing quarrels with foreign countries. For instance, if a citizen

of this country took command of a French ship of war, and were to commit

hostilities on the property of citizens of the United States, if he were

taken he might allege that he was a citizen of the French Republic, and

that Government might claim him as such; but if this bill passed, no man

could cover himself under this pretence who had not complied with the

requisitions in this act. He mentioned the case of Mr. Talbot.

Mr. S. said they held out inducements for persons to come to this

country. We did not allow they owed allegiance to any other country

after they had become citizens of this. To grant this would be a fatal

doctrine to this country. It would be to declare that, in case we were

at war with another country, that country might recall persons from

this, who formerly came from thence. Many persons of that description

were amongst us. At present they enjoy all the benefit of our laws and

vote at our elections; and yet, if this doctrine were admitted, these

persons might be recalled as aliens; and if they were not recalled, they

would be considered as qualified aliens, and not as real citizens.

This law, Mr. S. said, was necessary, as at present there was not

sufficient energy in the Government to punish persons serving on board

foreign ships of war. This bill would cure the evil, and give an

opportunity for turbulent, discontented characters to leave the country

for ever. He believed it was the general opinion of the citizens of this

country that they had the right to expatriate themselves, and he thought

it was now a proper time to pass some regulations on this subject.

Mr. SITGREAVES thought this one of the most delicate and important

subjects that ever came before Congress. He saw a number of

difficulties, but he thought they were not of a nature to discourage

them from considering the bill. He trusted they should meet them with

firmness.

The evil, he said, which gave rise to this bill was a great and growing

one. In the first war which had taken place in Europe since our

independence, they found this doctrine of expatriation, as claimed by

our citizens, endangering our peace with a foreign nation, and if this

principle were admitted he feared we should always be liable to similar

embarrassments.

Mr. S. took notice of the different objections made to this section. He

observed there seemed to be much doubt on the subject, which he thought

ought to be removed by passing a law of this sort. He wished he could

agree in the opinion that no citizen had a right to expatriate himself

from this country. He thought it a doctrine essential to the peace of

society. He wished it was generally recognized; but he believed the

major opinion in this country was different; and, though not directly,

it had in a great degree been recognized by the Executive and Judiciary

in the cases of Hinfield and Talbot. He feared, therefore, it was too

late for them to say the right did not exist. It was time, however, for

Congress to declare an opinion on the subject. If the proposition in the

bill was not a proper one, it should be made so.

In the State of Virginia this doctrine was legalized, and in the

constitution of Pennsylvania it was strongly indicated, as it said

"emigration should not be prohibited." It was a favorite idea of a

republican Government not to forbid it. He did not agree with the

principles of the clause in all its parts. He thought citizens ought not

to be allowed to expatriate in time of war, as their assistance would

be wanted at home. It was his intention to have moved an amendment

allowing expatriation only in the time of peace, and an express

provision against it in time of war. He thought the doctrine of the

gentleman from Maryland, viz: that our citizens ought to go into other

countries to learn the art of war, was chimerical. When they had

obtained rank and wealth in a foreign country, it would be in vain to

call them back; they would not return. He hoped, therefore, the section

would not be struck out, but that they should proceed to amend it.

Mr. N. SMITH was sorry that the committee who reported this bill had

thought it necessary to report the sixth and seventh sections. The

doctrine of expatriation on one hand, and perpetual allegiance on the

other, were subjects they had all heard much about; but expatriation,

under limitation and restraint, was a new business. From its novelty it

became doubtful. This being the case, he wished the subject had been

deferred to an ordinary session; particularly as it appeared to be no

more connected with other parts of the bill than with many other laws

now extant. If we were to have a law on this subject, he should wish to

have it in a separate bill. For his part, he could not see how the

committee could suppose it to be a part of their duty to report these

sections. If he had thought it had, he should not have voted for

appointing a committee on the occasion.

Gentlemen advocating these clauses, say they would not allow of

expatriation in time of war. He would go further and say he would not

allow of it when there was a prospect of war, for it is idle to prohibit

it in one case and not in the other. He then asked if this was not the

very state in which we now were? If it were, why pass such a bill at

this time, when it could not go into operation? He thought this a good

reason for rejecting these clauses.

There was a mutual obligation, Mr. S. said, between a Government and all

its citizens. The Government owed protection to its citizens, and

citizens owed obedience to their Government. These duties were mutual

and co-extensive; and they might as well say that Government could

abandon its citizens when it pleased as that citizens could desert their

Government when they pleased. Yet he would allow that Government might,

on certain occasions, legalize expatriation, but not on the ground of a

citizen's having a right to expatriate when he pleased. He should have

no objection to take up the subject at a time when they could do justice

to it, but he thought the present was not that time.

The question for striking out the 6th section was put and carried, 45 to

41.

The committee accordingly rose, and the House took up the amendments.

Having come to that part for striking out the 6th and 7th sections,

Mr. DENT called for the yeas and nays, which were agreed to be taken.

Mr. VENABLE said, it seemed to be admitted that a right of expatriation

existed in our citizens; and if so, he thought there should be some mode

of exercising that right. He had no particular objection to the mode

marked out in these clauses. It had been said this was not the proper

time; but he thought it was, since it was in some degree connected with

the present bill. The gentleman from Connecticut had stated allegiance

and protection to be mutual. He did not think they were so, to the

extent which he stated. This Government was not bound to protect

citizens who went into foreign service, as in doing so they chose the

protection of another Government.

Mr. HARPER asked for an instance in which the Executive and Judiciary

had countenanced the doctrine of expatriation.

Mr. W. SMITH, in answer to his colleague, produced the case of Talbot,

and the opinion given by the Secretary of State and the Judiciary Court,

on that occasion, in favor of the right of expatriation.

Mr. GILES thought there could not be a doubt in the minds of Americans

on the subject of expatriation. Indeed, he said, this was the foundation

of our Revolution; for they were not now to be told they owed allegiance

to a foreign country. It had not only been the ground of the Revolution,

but all their acts had been predicated upon this principle. He referred

to the act respecting the rights of naturalization, which makes every

new citizen swear to support the Constitution of the United States, and

to renounce all other allegiance.

Mr. GALLATIN was opposed to these sections. With respect to

expatriation, having himself exercised the right, he could not be

supposed to be opposed to that right. Perpetual allegiance was too

absurd a doctrine to find many advocates in this country. The question

was not whether citizens had a right to expatriate, but whether they

should in this law prescribe a mode of doing it. The right seemed to

have been recognized by the Executive and Judiciary. He was against

going into this business, because he thought it unnecessary. He believed

the determination of who were citizens, and who were not, might be

safely left with the Judiciary. He had also his doubts whether the

United States had a right to regulate this matter, or whether it should

not be left to the States, as the constitution spoke of the citizens of

the States. It was a doubtful matter, and ought to undergo a full

discussion. The emigrants from this country to foreign countries were

trifling; but from ten to twelve thousand of our citizens had gone to

Canada, and upwards of five thousand beyond the Mississippi, four

thousand of whom would be got back by the running of the lines. A number

of these men hold lands in the United States; some have sold their lands

and become citizens under another Government. This subject would,

therefore, require considerable deliberation at a future day. He wished

the amendment of the Committee of the Whole to be adopted.

Mr. SITGREAVES confirmed his former statement, with respect to the

question of the right of expatriation having been settled by the

Judiciary. In order to do this, he read a note from one of the counsel

in the cases of Henfield and Talbot, giving an account of the opinions

of the court on the occasion.

Mr. SEWALL insisted upon the policy of preventing the renunciation of

allegiance, without control. The Treaty of Peace with Great Britain, he

said, had dissolved our allegiance to that country, and acknowledged our

independence.

Mr. GILES believed the evil apprehended from individuals having the

right to expatriate themselves when they pleased, was more imaginary

than real. Only two citizens had taken advantage of that right in the

State of Virginia, where it was allowed in all its extent, in twelve

years. But if there were any citizens so detached from the Government as

to wish to leave the country, he should wish them gone. To suppose this,

would be to suppose a real division between the people and Government,

which he did not believe had existence. It was said Great Britain did

not allow the doctrine of expatriation; but, he said, she had not any

naturalization law. He was in favor of excluding citizens who once

expatriated themselves from ever returning to this country.

Mr. OTIS said, that when this bill was first reported, these clauses

struck him unfavorably; but a little reflection had convinced him of the

propriety of retaining them. The passing of this provision, he said,

would not affect the constitutional right with respect to expatriation,

whatever it might be. This bill did not relate to persons emigrating

into the Spanish or English territories, but to persons expatriating

themselves, and engaging in the service of foreign countries.

The question on agreeing to the reports of the Committee of the Whole to

reject the sixth and seventh sections of the bill was taken, and

stood--yeas 34, nays 57.

All the amendments having been gone through, Mr. S. SMITH moved to

postpone the further consideration of the bill till the first Monday in

November.

This motion was supported by Messrs. VARNUM, N. SMITH, BALDWIN,

GOODRICH, and COIT, as involving a question of too delicate and

important a nature to be passed over in this hasty manner, and because

there was no pressing necessity to go into the measure at present.

It was opposed by Messrs. OTIS, WILLIAMS, W. SMITH, and CRAIK, on the

ground of the provision of the bill being necessary, and that to

postpone the business, after so ample a discussion, would be undoing

what they had been doing for two or three days.

The question for postponement was taken, and decided in the

affirmative--yeas 52, nays 44.

The bill being thus lost, Mr. W. SMITH proposed a resolution to the

House for appointing a committee to report a new bill without the two

last clauses, which, it was evident, had been the cause of the negative

given to the bill. As he supposed no opposition would be made to the

bill so reported, it might be got through without loss of time.

After some conversation on a point of order, whether or not this

resolution could be admitted, the SPEAKER declared it in order, but Mr.

COIT wishing it to lie on the table till to-morrow, it lay accordingly.

THURSDAY, June 22.

_Expatriation._

Mr. W. SMITH called up the resolution which he yesterday laid upon the

table, for appointing a committee to bring in a bill for prohibiting

citizens of the United States entering on board foreign ships of war,

without the expatriating clauses.

This resolution was opposed by Messrs. BALDWIN, GILES, and VENABLE, and

supported by the mover and Mr. HARPER. It was negatived--49 to 46.

_Depredations on Commerce._

A message was received from the PRESIDENT OF THE UNITED STATES, of which

the following is a copy, with the titles of the documents accompanying

it:

_Gentlemen of the House of Representatives_:

Immediately after I had received your resolution of the

10th of June, requesting a report respecting the

depredations committed on the commerce of the United

States, since the first of October, 1796, specifying the

names of the vessels taken, where bound to or from, species

of lading, the value, when it can be ascertained, of the

vessel and cargo taken, and by what power captured,

particularizing those which have been actually condemned,

together with the proper documents to ascertain the same, I

directed a collection to be made of all such information as

should be found in the possession of the Government. In

consequence of which, the Secretary of State has made the

report and the collection of documents, which accompany

this Message, and are now laid before the House of

Representatives, in compliance with their desire.

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