The following question was then put, "Shall this bill pass?"

Mr. MCDOWELL could not reconcile it to himself to give a silent vote on

the passage of this important bill. He had heard no reason assigned for

the introduction of this bill, either when the original proposition was

before the House, or since; and, therefore, though the bill might pass

by a large majority, he should give his vote against it. It had been

said, by the gentleman from Massachusetts, that this bill was intended

to secure the property of the citizens of the United States from

capture. How was this to be done? This bill will not lay an embargo,

and, therefore, cannot prevent our vessels from falling into the hands

of the French, or any other nation, who chooses to attack them. If

gentlemen wished to effect their object, they ought to propose a general

embargo; but when he found gentlemen indisposed to this, he could

scarcely believe them serious in their wishes to prevent the property of

our citizens from being taken. By this bill our merchants are

prohibited from trading to any of the ports of France or her

dependencies. This he neither thought politic or just. He thought there

was no cause for going this length at present. It would be seen by the

estimate on the table, the great amount of exports sent to those

countries, and this bill would not only destroy the trade to France and

her dependencies, but affect also all our other trade. Gentlemen better

acquainted with commerce than he pretended to be, would be able to

ascertain the effects of this regulation with more precision than he

could do; but it appeared to him that this regulation would put the

whole of our exports within the power of Great Britain. He hoped,

therefore, gentlemen would consider the inconveniences which would be

produced by this measure, and not suffer their passions, which are so

highly irritated against France, to lead our citizens into serious

difficulties, for the sake of doing her some injury. There could be no

doubt, that the moment France received the information of the passage of

this bill, all negotiation would be put an end to, and they will lay

their hands on all the property belonging to citizens of this country,

which they can meet with. He was of opinion that the prudence of

merchants alone would be sufficient to regulate the business, without

Legislative interference. Mr. McD. hoped, therefore, the bill would be

passed, and called the yeas and nays upon it.

Mr. SEWALL said, it was very true, as the gentleman from North Carolina

observed, that no general reasons had been given in favor of this bill;

and he did not know that any opportunity had occurred in which they

could with propriety have been given. Certainly if a measure meets with

general approbation, and passes without argument and without discussion,

it must have been carried for the best reasons. Reasons, said he, are

not strengthened by debate; general consent indicates the strongest

reasons in favor of a measure that can be assigned.

The gentleman from North Carolina has supposed that the only arguments

in favor of this bill was, that it would be the means of protecting the

commerce of our citizens; that argument, he agreed, was forcible, but he

confessed he relied upon this measure very much affecting our enemy. It

occurred to the committee that this measure might very much distress the

French West Indies, which are the harbor of a nest of pirates, which

continually assail our commerce. It is true, he said, that our commerce

is also annoyed in the European seas, but in a much greater degree from

vessels fitted out from the West Indies; the privateers from these

islands depredate our commerce upon our coast, and if no measures are

taken to prevent it, they might soon be expected on our shores. Any

measure, therefore, which can be taken, consistent with our political

situation, ought to be taken to prevent this mischief. This would not be

carrying on hostility, but would withdraw from our enemies the means of

supporting their hostility. Gentlemen have objected to this bill

because they conceive it will not have this effect; he was, on the

contrary, in favor of it, because he believed it would have the effect.

Mr. S. considered our trade with France as at present annihilated, as

well as that with Spain and Holland, in a great degree; and France must

hereafter, if this bill passes into a law, carry on her trade with this

country by means of vessels belonging to the Hanse Towns, Sweden, or

Denmark; and having reduced France to the necessity of changing her

measures with regard to the neutral powers of Europe, she might,

perhaps, be induced to change her conduct with respect to the United

States, or perhaps with respect to all the neutral powers. He thought

this measure recommended by these political considerations. Whether it

would produce all the effect which had been mentioned, he could not

tell, but it was well calculated to produce it. And the only objection

to the measure appeared to be, that it would produce commercial

disadvantages to our merchants; but since the adoption of the decree of

the French Directory, which directs that all neutral vessels, with

British produce or manufactures on board, shall be confiscated as good

prizes, and which goes to the destruction of nearly all our trade, this

objection would have but little weight, as a trade thus carried on would

stand but a very small chance of producing any profit. Some merchants,

indeed, are of opinion that our trade to France and her dependencies has

for a long time past been attended with loss instead of profit. It was

evident, he said, that the decree to which he had alluded had already

had the effect in this country to lower the price of our produce, as

many vessels employed in that trade are now employed in a different

manner.

Mr. GALLATIN must confess, without pretending to be a very good judge of

the subject, that this measure appeared to him at least of a doubtful

nature. The object of it is said to be to distress France and the French

West Indies as much as possible. How far this could be effected, or

whether the attempt to distress our enemy might not distress ourselves

more than the enemy, he was not able to ascertain with precision. With

respect to France herself, he did not see that it could have any effect.

As to the West Indies, Guadaloupe, which he supposed was the place

principally aimed at, was so situated with respect to neutral islands

that she could always procure supplies of provisions from them. The only

place, then, which would be affected by this regulation would be St.

Domingo, and there he believed it might have some effect. If the

intercourse between this country and that was stopped, it might be

distressed for want of provisions; but in doing this he was persuaded we

should also injure ourselves, by annihilating our commerce and sinking

the price of our produce. With respect to our commerce, in six weeks or

two months, all the trade which our merchants now carry on to French

ports would be transferred to other neutral nations. The Danes and

Swedes will come into our ports and carry our produce to the French

islands; so that the only difference, after that time, will be that the

carrying trade which we now have will be transferred to those powers.

France will be supplied by way of Holland or Hamburg, and as the freight

and other expenses attending the trade will of course be greater than if

the commerce was carried on direct, it may be expected the price here

will be low. It would be the same with respect to provisions. If the

measure would be likely to distress France or her islands to any

considerable degree, so as the better to bring her to terms of

accommodation, he should not object to it. The inconveniences attending

it must be encountered by our citizens; but seeing its effects on our

enemy would be doubtful, and upon ourselves certain, he should vote

against the bill.

Effectually to prevent provisions being carried to the West Indies, the

exportation of them ought to be forbidden, both in our own vessels and

in all others. Without this we cannot prevent our provisions from being

exported by means of neutral vessels to French ports.

So far as related to his own constituents, Mr. G. said, they are not

immediately concerned in this question, as they do not export their

produce either to the West Indies or any port of Europe, but to New

Orleans, by the Mississippi. He stated the matter as it struck him, and

left other gentlemen to enlarge upon it.

Mr. RUTLEDGE allowed that the bill was liable to the objection which had

been urged by the gentleman from Pennsylvania, and which might be made

against every measure which would be proposed for the defence of the

country; it might be said of it that it will produce some inconvenience

to our constituents, and bear hard upon the commercial and agricultural

interests; but he believed no measure could be devised which would prove

so injurious to France, and as little inconvenient to America, as

suspending the commercial intercourse between the two countries.

The gentleman from Pennsylvania thinks the bill under consideration will

prove fruitless, because the vessels of Sweden and Denmark may carry our

produce to the French West Indies; this could not be contemplated as a

probable event; in the convulsed state in which almost all the

commercial States of Europe are, neutral bottoms will be in too great

demand in Europe to permit of their seeking freights in America. If,

however, they shall come here, and the Danes and Swedes become our

carriers, we can then adopt the regulation suggested by the gentleman

from Pennsylvania; we can then prohibit our intercourse with the French,

even by means of neutrals; or as that may be impracticable, inasmuch as

we shall not have any control over a neutral vessel after she leaves our

ports, we can lay a general embargo.

Mr. R. thought gentlemen were greatly mistaken who imagined the present

measure would lower the prices of our produce. He did not believe they

would fall in consequence of the present bill or any which could be

passed. He did not believe a declared war would lower the price of our

grain. For some time past, an _ex parte_ war has existed; the French

have made war in every sea upon our commerce, which for months past has

been bleeding at every pore. Government has not protected the trade of

the country, but has, by preventing our vessels from arming, deprived

our merchants of the use of the means their wealth afforded, of

protecting themselves; thus insurance and seamen's wages have been

higher, and the price of produce lower than they probably will be in a

state of declared war. The grain of the State he had the honor of

representing sells for less than it has done for twenty years past, or

at any period of the last war; rice, which is the great staple of the

country, and which, a few years ago, sold at six dollars the hundred

weight, now sells but for a dollar and a half, and Indian corn, which

article, the year before last, sold at a dollar a bushel, now sells for

twenty-five cents only.

The gentleman from North Carolina has insisted, that because our trade

to France and her dependencies, for the two last years, has been great,

we ought not to stop it. He thinks that merchants understand their

interests better than we do, and that if they, who are in the habit of

calculating risks, think it proper to prosecute a trade with France,

that we ought not to restrain them. Mr. R. allowed that our exports to

France the year before the last had been great, but said that our

returns had been small indeed; of the great number of valuable cargoes

sent to St. Domingo, very few have been paid for. The proclamations of

persons in authority in that island, and other deceptive contrivances,

have allured much of our property to its ports, but, arriving there, it

has been arbitrarily taken at a price fixed by the government, and

payment made by bills upon France, which have not been paid, and are now

lying protested at Paris, to the amount of many millions of dollars. So

that our exports, which the gentleman says France has taken, have been

literally _taken_, very little of it having been paid for. Upon such

terms it was impossible to suppose this commerce would continue, and it

is fallacious in the extreme to calculate, as a permanent trade, that

which a peculiar state of things has occasioned with the French islands

for some years past, and which we are now suffering for having engaged

in.

Mr. R. said he was not apprehensive of giving umbrage to any honest

merchant or fair trader, when he declared it as his opinion, that a

trade with France would not and could not be carried on at present but

by persons sinking under pecuniary embarrassments. Like gamblers upon

the threshold of ruin, they adventure and put at hazard the remnants of

their fortune to increase the chances of recovering what had been

previously lost. The trade, he also believed, was in a great degree

carried on for some time past by bankrupts, who, by means of bank

facilities, and other credits fraudulently obtained, were enabled to

speculate in a sea of danger and risk, into which they would not have

gone if they had had any thing to lose. In such a state of things, it

would be wise and expedient for Government to interfere, and say to the

merchants who are willing to continue trading with France, although you

may be disposed to continue this commerce, because it is carried on upon

a borrowed capital, and because it is insured in Europe, yet we will put

a stop to it, for we must take care of our sailors. When they are abused

and imprisoned, and their captains publicly whipped in French ports, it

is our duty to protect and preserve them from a continuance of such

injuries. Mr. R. concluded with observing, that the present bill would

occasion much distress to the French islands; would be the means of

preserving many of our vessels and seamen, and answer other very

valuable purposes. He hoped therefore it would pass.

Mr. OTIS said, as neither of the gentlemen who had spoken on this

subject had expressed an opinion which had a primary influence on his

mind, he would beg leave to declare it in a few words. It was

undoubtedly desirable, that this country should have a free commerce

with all the world; but, under our present circumstances, with relation

to France, no intercourse will be maintained with that country by the

fair American merchant. He will not venture his property either to

France, or to any of her dependencies. None but merchants who may have

exclusive privileges in the ports of France, will now carry on this

trade. He had no doubt that Citizen Hedouville, and other agents of the

Directory, would give exclusive privileges to a certain description of

dealers at the expense of the fair trader. Protections of this kind had

been given, he believed, to favorite traders in every considerable port

in the United States; and were not the proposed regulations to be

adopted, these persons would be growing fat and rich, while the whole

body of merchants would be suffering from the injustice and violence of

the French. He did not think it would be prudent to leave room for

encouragements of this kind to any of our citizens. For, while they are

in the habit of receiving large favors from the agents of the French

Government, they will be likely to feel a stronger attachment to the

interests of that country than of their own; and a stronger temptation

could not be offered to them than a monopoly of the French trade.

Mr. O. inquired whether, in a state of war, it was not usual and proper

for all nations to restrain their subjects from a direct trade with

their enemies? And are we not in war? Have we not passed a variety of

bills which gentlemen have declared amount to war? This very morning, a

bill has been passed, which, according to their construction, reaches

the climax of war measures. If, then, we are now in a state of war, it

will be inexpedient to continue to carry on this traffic. But, it is

said, if we restrain our own citizens, it will be carried on by neutral

nations. To a certain degree, it might be supposed that this would be

the case; but this is one of the losses incident to a state of war. We

must expect that a part of our carrying trade will be transferred to

neutrals for a time; but though this will affect the mercantile part of

the community, it will not wound the agricultural interest so deeply as

a total suspension of commerce. If neutral vessels come hither for

produce, the price will not fall so low as it otherwise would do, and

the farmers will be the better able to bear the burdens which a war must

necessarily lay upon them.

Mr. W. C. CLAIBORNE said, it was his intention to vote in favor of the

passage of this bill for two reasons. The first was, we have many

vessels and much property afloat on the ocean, which we cannot

adequately defend, and which is now constantly depredated upon. This

measure will keep many of our vessels at home. The second was, that it

would tend to increase our revenue, which at this time is a very

desirable thing; for he was of opinion, that the neutral powers of

Europe would become the carriers of our produce to the West Indies.

Denmark, Sweden, and the Dutch all possess islands in the West Indies in

the neighborhood of the French Islands, and if they come and fetch away

our produce, the duty on tonnage will be increased; and the duties

arising from imposts will not be lessened, as they will doubtless bring

with them the produce of Europe when they come out to this country.

The question on the passage of the bill was then taken, and stood--yeas

55, nays 25.

MONDAY, June 4.

Mr. MACON informed the House of the death of his colleague, Mr. BRYAN,

at nine o'clock this morning. The House, in consequence, entered into a

resolution appointing the members of North Carolina a committee to

manage the funeral of the deceased, and stating that the House do attend

the same. This committee afterwards reported that the funeral would take

place at nine o'clock in the morning.[35]

_Seditious Practices._

Mr. SEWALL, from the committee for the protection of commerce and the

defence of the country, reported a bill for the prevention and restraint

of dangerous and seditious practices, which was committed for Wednesday.

[This bill proposes, that any alien resident, or who shall come to

reside within the United States, who hath been convicted of any felony,

or other infamous crime, or who shall be a notorious fugitive from

justice, upon any charge of treasonable or seditious practices, in any

foreign State or country, or whose continuance within the United States

shall be, in the opinion of the PRESIDENT OF THE UNITED STATES,

injurious to the public peace and safety, may be deemed and adjudged a

dangerous person, and may be required to depart from the country, and be

apprehended and removed therefrom. And if any person, whether alien or

citizen, shall secretly or openly combine, or conspire together, with an

intention of opposing any measures of the Government of the United

States, which are or shall be directed by the proper authority, or to

defeat the operation of any law of the United States, or to discourage

or prevent any person holding any place or office in or under the

Government of the United States, from undertaking or executing his trust

or duty; and if any person, with intent as aforesaid, shall by any

writing, printing, or advised speaking, threaten such officer or person

in public trust, with any danger to his character, person, or property,

or shall counsel or advise, or attempt to procure any insurrection,

riot, or unlawful assembly or combination as aforesaid, whether such

conspiring, &c., shall have the proposed effect or not, shall and may be

punished, upon the conviction of the offence, by a fine not exceeding

---- dollars, and by binding, with sufficient surety for good behavior,

or by imprisonment for a term not exceeding ---- years; and if the

person so convicted shall be an alien, he may be farther adjudged, in

lieu of such binding or imprisonment, to be banished and removed from

the territory of the United States.]

TUESDAY, June 5.

Mr. RUTLEDGE proposed a resolution to the following effect, which was

unanimously agreed to:

"_Resolved_, That the members of this House, from a desire

of showing their respect to the late Nathan Bryan, Esq.,

member of this House, deceased, will go into mourning for

one month, by wearing a crape on the left arm."

_Relations with France._

A Message was received from the PRESIDENT OF THE UNITED STATES, as

follows:

_Gentlemen of the Senate, and Gentlemen of the House of

Representatives:_

I now transmit to both Houses the communications from our

Envoys at Paris, received since the last which have been

presented by me to both Houses.

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