The bill respecting alien enemies was read the third time, when

Mr. R. WILLIAMS moved a recommitment of the bill. He said his objections

did not lie so much against the provisions respecting aliens, as to the

power proposed to be given to the PRESIDENT of issuing proclamations,

which are to be binding on the Judges and other officers with respect to

our own citizens. He would wish to designate every offence, and its

adequate punishment, as far as it could be done. In order to effect this

he made his motion.

Mr. SEWALL said, so much discussion took place on this subject

yesterday, that he did not expect any more to-day. The gentleman from

North Carolina seemed not to object to the powers given to the PRESIDENT

by the first and second sections of the bill, but he did not wish him to

have any officers to execute his powers. If the PRESIDENT could carry

the law into effect with his own hand, he might do so, but he objected

to his having any aid from his officers or the people at large. He did

not believe this kind of reasoning could have any effect in this House.

If the PRESIDENT is authorized to issue orders, he must be authorized to

require the aid of proper persons to execute them.

Mr. GALLATIN called for the yeas and nays upon this question, which,

being agreed to, he hoped this bill would be recommitted. He had no

doubt that the committee, by paying due attention to the subject,

instead of this general and vague bill, might report such rules and

regulations as would be proper to be adopted on this occasion. He

recollected seeing a bill from the Senate on this subject, in which

something of this kind was done; and though he did by no means approve

of that bill, yet it showed that the thing was not impossible. The

objection made against a recommittal of this bill, was, that it was

necessary to do something to provide means for securing and removing

alien enemies, which did not apply as an argument against the

recommitment of the bill. It was a good reason why a bill should be

passed, but no reason why it should pass in its present form. The

present bill, Mr. G. said, was grounded upon the principle that the

PRESIDENT OF THE UNITED STATES shall have the power to do by

proclamation what ought only to be done by law.

In the first place, the Proclamation of the PRESIDENT is to determine

the period when foreigners not naturalized shall be liable to be

apprehended, restrained, secured, and removed as alien enemies. Mr. G.

understood what was meant by apprehending alien enemies, and securing

them, but he did not understand the word "restraining;" it was vague, he

said, in its nature, and he did not know that it was a legal phrase. The

committee could themselves explain it. By the bill from the Senate, it

was intended to confine them within the place where they reside; perhaps

this was their idea. The bill goes further: they are not only liable to

be apprehended, restrained, secured, and removed, but "to be subject,

with their goods and effects, to a just retaliation of any unusual

severities, restraints, and confiscations, which shall be suffered by

the citizens of the United States resident within the territory of the

hostile nation or Government, and inflicted by their authority."

Mr. G. wished to have explained what was meant by "unusual severities."

They must mean something more than confiscations--than apprehending,

restraining, or removing--because they are specifically provided for. He

wished, therefore, to know what these unusual severities were which,

upon our own ideas of Government, we could retaliate? If any other

severities besides those which are here enumerated were to be inflicted

upon our citizens in France, he thought it would be disgraceful to that

country, and he could not believe that either propriety or justice would

warrant us committing a disgraceful act against the citizens of another

nation, because that nation had committed a disgraceful act upon our

citizens in their country.

[Mr. SEWALL rose to explain, but the SPEAKER said, the rule which

declares no member shall speak more than once to a question would not

permit him.]

Mr. G. did not know whether these words "unusual severities" were not

intended to be held _in terrorem_ over the conduct of France. If so, he

did not think it a very creditable proceeding. But he believed that part

of the bill perfectly useless, for two reasons: First, it is extremely

doubtful whether the PRESIDENT OF THE UNITED STATES could

constitutionally exercise those "unusual severities," which this bill

says he may exercise; and with respect to confiscation, it was explained

by a subsequent part of the bill to be only a sequestration till the

next meeting of Congress, and he therefore conceived this part of the

bill to be of no use, except to train our code of law in a manner

expressly contrary to the spirit of our constitution, which expressly

declares no "cruel or unusual punishments" shall be inflicted.

But, supposing the words only held out _in terrorem_, he wished to know

how they would apply, whether it was to make a part of our permanent

law, whether it is suited for the present time only. If it were not to

make a part of our permanent system--and he thought no gentleman would

say it ought--then it must be on account of our present situation. As to

our present situation, in relation to any thing which may befall our

citizens in France, he would say the words are useless, and this for a

plain reason; for, out of the natives of France in this country,

ninety-nine out of an hundred are of that description of persons whom

the French call emigrants, and it is therefore perfectly immaterial to

the French nation how they are treated; so that the bill could operate

only on a dozen or two of persons of a different description who may be

in this country.

In the next place, with respect to confiscations, which by the next

clause are so limited as to become sequestrations, it would be wrong to

give this power to the PRESIDENT. An article is inserted in the British

Treaty expressly to declare that sequestrations are impolitic and unjust

in every case, and providing against them. He admitted that it might be

necessary to resort to them on some occasions, because he believed there

might be cases where sequestration would be necessary, by way of

indemnification; but what he insisted on was, that it ought to be done

by law, and not by the PRESIDENT. On a former occasion, when the

question of sequestration was before Congress, the power was not

proposed to be left at large with the PRESIDENT, but was to be regulated

by law.

There was another circumstance which showed how easy a thing it would be

to pass a law themselves, instead of leaving every regulation relative

to this subject with the PRESIDENT. About the middle of the second

section it is said, "where no treaty exists, a reasonable time shall be

allowed, which shall be ascertained and declared by the PRESIDENT, or by

the Congress of the United States." This was a kind of double

legislation which was new to him. He wished to know what difficulty

there would have been in defining the time here referred to in this

bill? It appeared to him the right and proper time to do it. From the

moment that the resolution came before the House, he was ready to

acknowledge that the power of regulating this business was in the power

of Government, as it was a power possessed by every nation, which it had

a right to exercise for its own security; but it ought to be exercised

according to law. In some countries, indeed, this power is vested in the

Executive. In France, he believed, it was wholly so, and in England in a

great degree; but in this country he trusted that this House would be of

opinion that Congress is the proper body to regulate so important a

measure.

But the evil, Mr. G. said, did not stop here, it extended to all the

citizens of the United States. The object of the last section provides

that justices, judges, marshals, sheriffs, and the people at large shall

perform a duty which is undefined. But the gentleman from Massachusetts

says this is right, because the power given to the Executive by this

bill is also undefined. This is the foundation of all the objection made

to this bill; it is to the want of legislation in it, which leaves not

only alien enemies, but citizens of the United States, to the will of

the PRESIDENT.

But he would go farther, and say it is impossible to define the duties

of our own citizens, though the two first sections of the bill should be

left at large as they are. By the present bill, the duties of justices,

&c., are to be regulated by the Proclamation of the PRESIDENT. He could

conceive that the House might take into consideration the nature of the

powers vested in the PRESIDENT, and inquire what will be the duties

required to be performed by the several officers of the Government to

carry into effect those powers. Those powers are to apprehend, restrain,

secure, and remove alien enemies, and to sequester their property. As to

the removal of aliens, he could not see what justices and judges had to

do with it; but if they had any thing to do with it, Congress ought to

say what. They might say what should be the duties of judges or

justices, or of Executive officers in the several cases which may be

likely to occur, instead of leaving the thing wholly at large.

The last part of the 3d section, he said, was as objectionable as any

other. It defines the crime in two words, "harboring and concealing,"

and the penalty, if found guilty of this vague and uncertain charge, is

imprisonment not exceeding seven years, and a fine not exceeding one

thousand dollars. So that if a person be found guilty of harboring and

concealing an alien enemy, however trifling the expense may be, his

punishment will be left wholly to the discretion of the court. The only

power of the jury will be to decide on the fact; and if a citizen has

harbored for one night, however undesignedly, an alien enemy, he must be

found guilty, leaving it altogether to the court to judge of the

criminality of the act, and to affix the degree of punishment. He

thought this part of the law ought to be better defined. It ought to

distinguish between cases of misdemeanor and those which might arise

from ignorance, and in which no offence at all might exist. He hoped,

therefore, the bill would be recommitted.

The question on recommitting the bill was put and carried--46 to 44. The

yeas and nays were as follow,

YEAS.--Abraham Baldwin, David Bard, Lemuel Benton, Thomas

Blount, Richard Brent, Nathan Bryan, Stephen Bullock,

Dempsey Burges, Thomas Claiborne, William Charles Cole

Claiborne, John Clopton, Thomas T. Davis, John Dawson,

George Dent, Lucas Elmendorph, John Fowler, Albert

Gallatin, James Gillespie, Andrew Gregg, William Barry

Grove, John A. Hanna, Carter B. Harrison, Jonathan N.

Havens, Joseph Heister, David Holmes, Walter Jones, Matthew

Locke, Matthew Lyon, James Machir, Nathaniel Macon, Blair

McClenachan, Joseph McDowell, John Milledge, Anthony New,

Josiah Parker, John Read, William Smith, Richard Sprigg,

jr., Richard Stanford, Thomas Sumter, Abram Trigg, John

Trigg, Philip Van Cortlandt, Joseph B. Varnum, Abraham

Venable, and Robert Williams.

NAYS.--John Allen, George Baer, jr., Bailey Bartlett, James

A. Bayard, David Brooks, Christopher G. Champlin, John

Chapman, James Cochran, Joshua Coit, William Craik, Samuel

W. Dana, John Dennis, William Edmond, Thomas Evans, Abiel

Foster, Dwight Foster, Jonathan Freeman, Henry Glenn,

Chauncey Goodrich, Roger Griswold, Robert Goodloe Harper,

Thomas Hartley, William Hindman, Hezekiah L. Hosmer, James

H. Imlay, John Wilkes Kittera, Samuel Lyman, William

Matthews, Daniel Morgan, Lewis R. Morris, Harrison G. Otis,

James Schureman, Samuel Sewall, William Shepard, Thomas

Sinnickson, Samuel Sitgreaves, Nathaniel Smith, George

Thatcher, Richard Thomas, Mark Thompson, Thomas

Tillinghast, John E. Van Allen, Peleg Wadsworth, and John

Williams.

Mr. SEWALL, Mr. DANA, Mr. IMLAY, Mr. S. SMITH, Mr. JOSIAH PARKER, Mr.

BROOKS, and Mr. RUTLEDGE, composed the committee.

FRIDAY, May 25.

_Instructions to Armed Vessels._

Mr. SEWALL, from the Committee for the Protection of Commerce and the

Defence of the Country, to whom was referred Mr. SITGREAVES' resolutions

for instructing the commanders of our public and private armed vessels,

and also the bill from the Senate for the further protection of the

commerce and coast of the United States, reported it as the opinion of

that committee that the bill from the Senate ought to be agreed to by

the House.

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

the Whole.

On the SPEAKER'S asking for what day this bill should be made the order,

Monday, to-morrow, and to-day, were named.

The question was first taken on Monday, and negatived--43 to 37.

The question was then put upon to-morrow.

Mr. GALLATIN hoped this bill would be made the order for to-morrow, as

the bill had only been printed this morning, and the report but this

moment made. It would be a very extraordinary proceeding to make this

very important bill the order for this day.

Mr. J. WILLIAMS said, this was a very extraordinary case. When we learn

every day that our vessels are taken by the French cruisers, without any

cause whatever, it is necessary to act with decision. This day had been

spent on a very trifling business compared with this, and he hoped the

House would sit until this bill was gone through.

Mr. MCDOWELL hoped this bill would be made the order for to-morrow, as

it had only been laid upon the table this morning, and few gentlemen had

yet turned their attention to it. Besides, the usual hour of adjournment

is arrived, and he hoped gentlemen would not insist upon hurrying so

important a bill through the House in this manner. The gentleman from

New York remarked that the House had been engaged in trifling business

all the day; but, he observed that gentleman sat very contentedly under

the discussion, though he now seems so desirous of expediting this

business.

Mr. SEWALL was impressed with the necessity of passing this bill as soon

as possible. If the committee had thought they might with propriety have

taken time to deliberate upon this subject, they would not have made

this report, but have taken into consideration the resolution which had

been referred to them with this bill; but finding it necessary that our

armed vessels should receive their instructions immediately, that they

may go out and take the vessels on the coast, or drive them off, they

made this report, intending hereafter to report farther upon the

subject. But the present measures they thought necessary, from the

peculiarity of our present situation; the dangers attending which the

people without seemed to be fully persuaded of. And as this subject had

been fully discussed on the resolutions which had been before the House,

he hoped the bill would be immediately taken up; as he wished to provide

without delay for the defence of our coast as far as our force would

permit.

Mr. MACON said, it was very extraordinary indeed, that gentlemen should

wish to hurry this bill through the House in the way proposed. It

appeared as if they were afraid of any thing coming from our

Commissioners before they got the country in war. Being now the usual

hour of adjournment, it could not be expected that if the House went

into this bill, that any debate could take place. Indeed, gentlemen

seemed to wish to prevent debate as much as possible; a few days ago,

they had got a rule passed that no person should speak more than once to

any question, and now by moving to go into a Committee of the Whole, at

the hour of adjournment, they wish to prevent them from speaking once,

and that upon a bill which will certainly place the country in a state

of war. He thought a regard to decency ought to prevent gentlemen from

pushing this motion.

Mr. LYON called upon gentlemen to consider the importance of this bill.

He considered it as a declaration of war as it now stands, and he hoped

time would be given to consider whether some amendment could not be

introduced into it, so as to prevent its being so considered. At

present, he believed, it was directly in the face of the laws of

nations. He was desirous of avoiding war if possible. His constituents

also wished it. He had received at least two hundred letters requesting

him to do all in his power to prevent it. Indeed, he was afraid of the

consequences of war; he was afraid it might produce even a dissolution

of the present Government.

Mr. BRENT was proceeding to express his astonishment at the conduct of

gentlemen in wishing to press so important a subject upon the House,

while members were impatient to adjourn, when,

Mr. SEWALL rose and withdrew His motion, and the bill was made the order

of the day for to-morrow.

SATURDAY, May 26.

_Protection of Commerce._

Mr. SEWALL called for the order of the day on the bill from the Senate

for the more effectual protection of the commerce and coasts of the

United States; and the House accordingly resolved itself into a

Committee of the Whole on the said bill, Mr. DENT in the chair. The bill

having been read,[34]

Mr. MACON rose and observed, that he wished to amend both the bill and

the preamble to it, and desired the Chairman to say which it would be in

order to move first. The Chairman having answered that it would be most

regular first to amend the bill, and then the preamble could be made

conformable to it, Mr. MACON moved to strike out the word "such," in the

enacting clause (the effect of which was to make the instructions given

to the commanders of our vessels general against all cruisers, as well

as against the French.) His reason for making the motion was, that if

this bill must pass, it might be general against all nations who commit

depredations upon our commerce, for it was a fact well known that France

is not the only nation which does this. It was his opinion, that before

any measure of this kind was taken, we ought to know the result of our

mission in France; for, however slender our expectations of an

accommodation may be, still those expectations ought not to be

abandoned, until we are certain our Commissioners have left Paris,

without being able to accomplish their mission.

Mr. M. believed it could not be doubted by any one, that, if we had

thought a state of war preferable to the state in which we had been

placed for some time back, we had had sufficient provocation from more

than one nation to have declared war long ago. Indeed he looked upon

this bill as a declaration of war in substance; he saw that this was the

situation to which measures were progressing, but he could not have

expected that gentlemen would have proposed a measure of this kind

whilst our Commissioners were yet in Paris. It was his opinion, however,

that, disagreeable as our present situation may be, it is much

preferable to a state of war; for, notwithstanding all the losses which

our merchants have sustained, our trade and our revenue are continually

increasing.

In the part of the country from whence he came, Mr. M. said, the price

of produce is now higher than it has been for some time past. But, in

the case of war, it would fall, of course.

Notwithstanding all the evils which he was sensible must attend on a

state of war, when he found our Commissioners had left France, and no

hope of accommodation remained, he should not hesitate to join gentlemen

in any measures which shall be necessary to meet a state of war.

Mr. MCDOWELL said, the gentleman from South Carolina had dwelt much upon

the inconsistency of the present motion. He himself could not see any in

it. He had insinuated that the mover and seconder of it must be blinded

by prejudice and governed by passion; that, instead of going to war with

one nation, it would be going to war with three, and that before we

remonstrate with them, or request them to desist from their practices;

that we have been attempting to get redress from France for eighteen

months past without effect, but that no attempt has been made to

negotiate with England or Spain on the subject of their depredations. In

this the gentleman from South Carolina was certainly mistaken. He knew

we had lately concluded a treaty with England, which had been constantly

violated; and what faith, Mr. McD. asked, could be placed in a nation

which one day makes a treaty, and the next violates it? The same remark

would apply to Spain, so far as they have depredated upon our commerce.

Mr. McD. said, he had all along declared himself opposed to war, or to

any measures which would lead to it, and he still held the same opinion.

He had no prejudice against or in favor of any nation whatever, except

so far as their conduct towards this country was friendly or otherwise;

and he could see no reason for giving instructions to the commanders of

our vessels to seize and bring in the vessels of one country which may

commit depredations upon our commerce, and not those of another. He was

himself opposed to the bill altogether; but, if it must pass, he wished

to make it contain as little mischief as possible, and he thought by

striking out the word "such," and by that means making it general,

France could not take the same offence at it; as the bill now stood, it

was tantamount to a declaration of war.

Mr. J. WILLIAMS was in hopes, when the gentleman from North Carolina

first made his motion, that the opposition which he had heretofore shown

was done away, and that the bill was only objected to because it was not

general; but now it appears that gentlemen are opposed to the bill

altogether. He had hoped when gentlemen had reflected upon what had

taken place, even within our own jurisdiction, that there would not have

been a single dissenting voice in the committee. Gentlemen allege that

this measure will lead to war; but he would ask whether other neutral

nations had not taken measures fully as strong as this, without

producing war? For his part, he supposed it might have been better if

this country had gone into this system of defending our commerce. He was

opposed to it for a considerable time. He was in hopes of a

reconciliation taking place; but he had been deceived from time to time,

and, instead of any appearance of accommodation, every day brought

information which convinced him that, except we meant to submit

altogether, we must defend ourselves.

This being the case, he asked gentlemen which they would choose? Whether

they would suffer themselves to come under the power of the French

nation, or repel force by force? He did not believe any gentleman would

say we ought not to embrace the latter.

At a time when the enemy's vessels are within our own jurisdiction, are

we to withhold the necessary instructions to the commanders of our

vessels? He hoped not. Not that he would go hastily into war; but have

we not, he asked, been in war for a long time?--a war on one side, and

total submission on the other. Yet the House are now called upon to

postpone the consideration of this question, lest it should produce war.

The only way to prevent a war, he believed, was to be prepared to meet

it. If spirited measures had been taken during the extraordinary session

of Congress, he believed it might have prevented the loss of property to

the amount of twenty millions of dollars, and the necessity of a war.

But Congress had gone on, from time to time, saying, we will wait for

this, that, and the other, and it will, in all probability, prevent war.

This conduct had produced the greatest difficulties, and yet gentlemen

wish to go further in the same course. The enemy's vessels, he

understood, are within the Capes, and he supposed gentlemen would wait

till they came up to the city, before they would take any means to

oppose them. He believed it was high time to say, "We will not submit,"

and to prepare to repel the repeated aggressions of our enemy.

Mr. SHEPARD observed, that much had been said on this bill, and on the

resolutions on the same subject, which were referred to the same

committee. Members differed in opinion very materially as to the proper

mode of conducting our affairs at this important crisis; but he could

see no reason for deferring vigorous measures any longer, as he did not

see the least ground of hope for a reconciliation; it was, therefore,

idle to dispute about it.

But gentlemen decline taking this measure, because they are apprehensive

it will irritate the French nation. Mr. S. believed this country could

do nothing to alter the conduct of the French nation towards us, except

it were by giving them money. There could be no doubt, he said, but the

French meant to subjugate this Government, and to lay the United States

under contribution. Every newspaper told them this; yet some gentlemen

seem opposed to every thing intended to resist their doings, or even to

tell them they have done wrong. For his part, he believed that nation

had been boiling over with madness for two years past, and that they are

totally void of every virtue.

They have told us, said Mr. S., in plain terms, they mean to subjugate

us. They say they have a strong party in this country, and that they

understand diplomatic agency as well as any other nation. This he

believed, as he saw they had effectually used that power in subduing

every country in Europe that they had any thing to do with, except

Great Britain, and he feared they would succeed against her. No man, he

said, disliked war more than him; but, he believed, the best way of

preserving ourselves from it, was to take measures to oppose a power

which has so unjustly treated us. We ought not, he said, to trifle any

longer, but take new ground. The more insults we submit to, the more we

shall have. He could not suppose gentlemen would be willing to wait till

all our vessels are taken and our Government overcome, before they will

make resistance. If we meant to preserve our independence, he believed

resistance ought now to be made. It is time, said he, to tell the French

nation, "we will not submit any longer." This was the way we gained our

independence, and this must be the way by which we must keep it. He

hoped, therefore, the bill would pass as it stands.

Mr. OTIS said, though he had sufficient confidence in the committee to

induce him to believe that the present motion cannot succeed, yet he

could not forbear to expostulate with gentlemen on the impropriety of

any measures which should have a tendency to give unnecessary offence to

other nations, besides that against which we are called upon to act. To

increase our foes would only be to aggravate our misfortunes. Mr. O.

hoped and believed this country would be able to defend itself singly

and alone; but, supposing, as gentlemen agree to be true, that we are on

the eve of a war, would it not be highly impolitic to irritate a power

whose assistance we may find very acceptable in the course of a few

months against a common enemy? He hoped it would never be necessary to

seek for this assistance, though it is possible, if we are driven into

war with our old friends, that we may willingly avail ourselves of the

aid of our old enemies; for, though we had suffered injuries from more

nations than one, yet he agreed with our Envoys in the sentiment that,

if France should attack us, we must seek the best means of defence; and

may find it more prudent to forgive than to provoke, by harsh measures,

a nation which may aid in our defence.

Mr. O. said, if, after injuries had been committed against us by Great

Britain and Spain, of the same nature with those which have been heaped

upon us by France, and those nations, like her, had refused to hear us,

or to do us justice, he would support the same measures against them and

vindicate our national character and honor. But though he should by no

means attempt to extenuate the conduct of Great Britain or Spain, he

believed he might say that the depredations committed by those powers

subsequent to their treaties, have been under color, at least, of the

laws of nations. But the difference in the degrees of these

depredations, in comparison with those of the French Republic, cannot be

better ascertained than by the rates of insurance paid as a security

against them respectively.

Insurance may be effected against the Spanish and British for five per

cent., whilst it cannot be procured against the French for less than

twenty-five or thirty per cent. And though the British cruisers do, in

some cases, take our vessels, in others they afford them protection.

Indeed, he believed, the number of our vessels rescued from the fangs of

the French, and restored to us by the British, greatly exceed in value

the amount of those which have been taken from us by them since their

treaty. They have saved to Philadelphia about a half a million of

dollars. With respect to Spain, he believed her disposition towards us

to be friendly, and that an injury offered by them to us was done at the

instigation of another country. Again, we have received, under the late

treaty with Great Britain, £100,000 sterling for damages sustained by

her depredations, and from Spain $300,000 have been awarded on the same

account. So that no comparison could possibly be made between the

treatment we experienced from France and those countries. She makes no

treaties--she pays no compensations.

Mr. KITTERA rose to observe, that one of the articles in our treaties

with Great Britain and Spain, stipulates that no reprisals shall be

authorized by either country until application shall be made to the

other, which he thought would be a sufficient reason for negativing the

amendment. He believed it would be proper to adopt an additional rule to

those already established for the government of the House, viz: that

when French privateers come within our own ports and take our vessels, a

long debate shall not take place upon a bill to instruct the commanders

of our vessels to make reprisals.

Mr. GALLATIN, in reply to the last observation of Mr. KITTERA, said

that, if his assertion was true, that the French privateers were

committing depredations within our own ports, or any where within our

jurisdiction, it was no reason why this bill should pass immediately;

for, without the bill, the PRESIDENT had full power to apply the armed

vessels, or any other force at his disposal, in repelling the outrage.

As to the amendment, he would not pretend to say that it was very

essential; but, he supposed, the reason for moving it was this: It was

asserted that this bill was not a declaration of war, but only a kind of

special reprisal authorized by the law of nations; it was, therefore,

thought it would be proper to make it a general regulation. If it was

intended to be a declaration of war, it would be extremely wrong to make

two enemies instead of one. If it was to be passed with that intention,

it would be wrong to adopt the amendment; but he supposed it was

introduced on the ground assumed by the supporters of the bill, that the

measures proposed might be entered into without violating the laws of

nations, and consistently with a state of peace.

The question was put and negatived, there being only 22 for it.

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