UNITED STATES, _June 5, 1798_.
The said Message, and communications referred to therein, were read, and
ordered to lie on the table.
WEDNESDAY, June 6.
Mr. ALLEN proposed a resolution to the following effect:
"_Resolved_, That there shall be a call of the House at
half past eleven o'clock every day on which the House shall
sit during the present session."
Ordered to lie on the table.
_Relations with France._
Mr. D. FOSTER laid the following resolutions upon the table, viz:
"Whereas the French Republic, regardless of those
principles of good faith which ought to ensure a due
observance of treaties, have, in various instances,
violated the express stipulations of the treaties
heretofore made and subsisting between the United States
and the French nation, in a manner highly injurious to the
interest and honor of the United States; by reason whereof
the United States are released from all obligation on their
part to respect the said treaties, or to consider
themselves as holden or bound thereby.
"_Resolved_, That it is expedient to make a Legislative
declaration notifying the citizens of the United States,
and all others concerned, that the said treaties are no
longer obligatory upon the United States.
"_Resolved_, That provision ought to be made by law,
authorizing the PRESIDENT OF THE UNITED STATES to grant
letters of marque and reprisal against all ships and other
vessels, with their cargoes, found on the high seas,
sailing under the authority of the French Republic, or
belonging to the said Republic, or any of the citizens
thereof, or its dependencies; to continue and be in force
until the French Government shall revoke and annul the
orders and decrees authorizing the capture and detention of
the vessels and property of the citizens of the United
States, contrary to the laws of nations.
"_Resolved_, That provision ought to be made by law
granting a bounty, in proportion to the size and number of
guns, on all armed vessels (which shall be taken and
brought into any of the ports of the United States)
belonging to the Republic of France, or to any of the
citizens thereof, or of its dependencies, or to others
sailing under the authority, or pretence of authority, from
the said Republic."
They were ordered to lie upon the table.
FRIDAY, June 8.
_Letters of Marque, &c._
Mr. D. FOSTER then called up his resolutions relative to granting
general reprisals, letters of marque, &c., which, being read, he moved
to refer to the Committee for the Protection of Commerce and the Defence
of the Country, with power to report by bill or otherwise.
Mr. DAVIS hoped these resolutions would not be referred. It appeared
very strange to him that gentlemen should be desirous of taking this
step at present. He had heard much in this House about French parties,
and of gentlemen being attached to France, but he thought the House had
witnessed, not many minutes ago, something of another party, (referring
to the negative which had been put upon the resolution calling upon the
PRESIDENT for information respecting British depredations.) And yet,
when we have lately received information from France that peace is
probably yet within our grasp, a motion is brought forward which, if
adopted, would effectually shut out all hopes of a favorable termination
of our dispute. In the conclusion of the late despatches, he read as
follows:
"As we were taking our leave of Mr. Talleyrand, we told him
that two of us would return immediately, to receive
instructions of our Government, if that would be agreeable
to the Directory; if it was not, we would wait some time,
in the expectation of receiving instructions."
So, that two of our Commissioners might be expected shortly to return,
to lay certain propositions before the Government here, or that they
will write for farther instructions; and, whilst these things are
pending, can a proposition like the present be justified? He thought
not. It was not, in his mind, a declaration of war; but it was evidently
a war measure. And when it is evident, from our Envoys' own showing,
that the negotiation between them and the Minister of Foreign Affairs in
France was in train on the 8th of March, the date of their last
despatches, as certain propositions had been made to them which were not
rejected, he thought it would be extremely imprudent to refer
resolutions of so hostile a kind as these certainly are. It would be
time enough, Mr. D. said, to adopt a measure of this kind when our
Envoys shall have informed us that peace is unattainable; but, whilst
they held up a contrary expectation, he could not consent to do any
thing which should cast wholly away the hope of preserving a state of
peace. With respect to the first resolution, which declares the treaty
between France and this country void, he had not much objection to it,
because it must be so considered from the laws already passed; but those
which respect the granting letters of marque and general reprisals, he
thought very objectionable indeed.
Mr. HARPER said, if the arguments of the gentleman from Kentucky were
well founded, he had not introduced them at the proper time. If he views
the state of our negotiation with France in the light which he had
placed it, his objections to this measure are natural and consistent;
but they ought to be made, when a bill is brought in, against its being
read a second time; or if the motion had now been to adopt the
resolutions instead of referring them, the remarks which he had made
would have been perfectly in order; but that gentleman must know that
there is a great difference between committing and agreeing to adopt a
resolution. He would confess that he, for one, should not now be ready
to agree to any of those propositions, though a fortnight hence he might
be willing to adopt them all. If the motion was, therefore, for
adopting, instead of referring them, he should move a postponement, or
the previous question, or take some other mode of disposing of them; but
when the motion was merely to refer them to a committee who might report
upon them immediately, or let them lie until farther information was
received from our commissioners; or, if they report a bill, that bill
might lie until gentlemen thought proper to pass upon it. He did not,
therefore, see any ground for the alarm which the gentleman from
Kentucky has shown. He confessed he could not look upon our negotiation
with France as in the happy train in which it appears to that gentleman.
He knew we might have peace, if we would consent to have our property
plundered _ad libitum_; or by paying a contribution to the full amount
of our ability to pay, which were the terms that Talleyrand and his
agents had offered to our Envoys; and this loan was made a _sine qua
non_ by Talleyrand. He could not tell, therefore, how the gentleman from
Kentucky could conceive the negotiation to be in good train, except he
is willing to pay the tribute which France demands from us.
Mr. VENABLE said, the gentleman last up had drawn a distinction between
committing these resolutions and agreeing to them, and had said that he
himself is not ready to agree to them. Mr. V. thought resolutions of
this kind ought not to be laid upon the table before the House is ready
to decide upon them, as the moment the foreign nation to which they have
reference hears that such resolutions have been brought forward, they
will take advantage of it, and seize all the property belonging to our
citizens within their power. If the resolutions are not proper,
therefore, to be adopted, they ought immediately to be rejected; for, if
this is not done, we may expect that not only all the property of our
citizens in French ports will be seized, but that all our vessels
without exception which can be met with will be taken. He hoped,
therefore, if gentlemen are of opinion with him that the time for taking
measures like the present is not yet arrived, that the reference would
be refused. It would do infinite mischief. We ought not, he said, to
show a spirit of this kind, until we are perfectly prepared to act. And
as he believed the House is better calculated to judge of the propriety
of thus changing the situation of the country, than any committee could
be, he should not choose to ask the opinion of the Committee for the
Protection of Commerce and the Defence of the Country what he should do
in this case.
Mr. R. WILLIAMS observed, that the gentleman from South Carolina seemed
to argue in favor of committing these resolutions, as if no time would
be so proper for doing so as the present. But he believed this House
would be equally capable of judging of this matter hereafter as at
present, and could act upon them in future as well as now. Why, then,
ought the House now to refer them, when even the gentleman from South
Carolina says he is not prepared to vote for them; but that if he were
called upon now to vote upon them, he should give his negative on the
question?
It appeared to him, Mr. W. said, that the reference of these resolutions
could have no other appearance than that of a challenge, and will
doubtless produce the consequences which have been mentioned by the
gentleman from Virginia. And however their vessels may have depredated
upon our commerce, and suffered their citizens to plunder us at sea,
they have not gone so far as to make it a national act to seize all the
property of our citizens within their power. He was, therefore, opposed
to this reference: for though, whenever the time of actual war shall
arrive, (for it seemed as if it must arrive,) we shall think it
necessary to do France all the mischief we can, yet he did not think it
would be prudent to tell them we mean to injure them in this or that way
beforehand.
Mr. HARRISON believed, that to refer these resolutions would be to give
them a degree of sanction; and as he looked upon the question as very
important, he should call for the yeas and nays upon it. They were
agreed to be taken.
Mr. GALLATIN said, it appeared to him that the committee to whom it is
proposed to refer these resolutions might, without this reference, have
brought the subject before the House, as they are appointed to consider
whatever relates to the protection of commerce and the defence of the
country. The reference must mean something more, therefore, than a mere
instruction to them to consider the subject, because they have already
those instructions given to them generally in their original
appointment. What, he asked, could be obtained by a vote on this
subject? He was at a loss to know. He could see no possible good to be
derived from it. He wished, indeed, the committee to whom it is proposed
to refer these resolutions, instead of doing the business committed to
them by piecemeal, in the manner which they had adopted, had laid before
the House at once a complete general plan of defence consistent with the
present situation of the country. A majority of this House seem not only
ready to take every defensive measure, but, in a certain degree,
offensive measures also. This having been once determined, the committee
might very well prepare such a plan. Such a plan would be more
consistent and uniform, than if individual members were left to bring
forward any measures which it may strike them as necessary to be taken.
Of what use, Mr. G. asked, had been the reference of a set of
resolutions made some days ago by Mr. SITGREAVES? No report has been
made upon them. A part of them were of the same nature with these, and
would authorize a report on this subject, if the committee had not the
general power already mentioned.
So far as any conclusion could be drawn from the despatches of our
Ministers, he confessed he had no great hopes of our negotiation with
France being concluded in an effectual manner. He saw a kind of
negotiation open between our Envoys and the French Minister for Foreign
Affairs. He saw that the latter had asked for a loan; a demand
inadmissible by our Envoys, since it was contrary to their instructions;
a demand inadmissible from any instructions they might hereafter
receive, for the sentiments of the Executive on that subject were well
known; and, he would add, a demand inadmissible in its very nature,
inadmissible in the opinion not only of this House, but of every
individual in the House. So that, as long as that demand was insisted
upon, no accommodation could be effected. But it must have been
remarked, in the late despatches, that when our Envoys inquired of Mr.
Talleyrand whether a loan of money was the ultimatum of the French
Government, he did not choose to give a direct answer. This shows it to
be possible that this demand may not be their ultimatum; and if not, as
we have heard it reported, (though not officially,) that one of our
Commissioners still remains in Paris, it would not be prudent to take
any step that would defeat any treaty which might be in contemplation.
Mr. W. CLAIBORNE hoped the motion for postponement would prevail, for,
though a reference of those resolutions would not be a complete sanction
of them, he should consider it as a prelude to a speedy adoption. His
observation on the past proceedings of the House justified this remark.
Mr. C. differed in opinion from the gentleman from North Carolina as to
the power of Congress with respect to treaties. He believed Congress has
a right to do away any treaty by a Legislative act; if not, he should
think he lived under the most miserable Government upon earth.
What, said Mr. C., is the nature of the injuries which we have received
from France? Have they not been wholly maritime? and have we not done
all we can conveniently do for the defence of our commerce? Was not all
our marine force already under such regulations as to be enabled to act
to great advantage in the prevention of future outrages on our commerce?
Why, then, shall we proceed to measures which must inevitably involve
the country in war? Will the adoption of these resolutions give us a
single ship or gun? No. Why, then, widen the breach between the two
countries, by acting upon a measure more replete with impolicy than any
act he ever saw introduced into that House. If it were adopted, it would
go to the destruction of our commerce with several of the great
commercial powers; for the moment war is declared with France, we shall
also be at war with Spain and Holland, her allies. And when a war with
Spain shall take place, the commerce of the Southern States and Western
country will be immediately gone, and all our vessels in French, Dutch,
or Spanish ports, will doubtless be confiscated. These, he said, were
evils which he foresaw would attend the adoption of these resolutions,
and he called upon the mover to show a single advantage which could be
derived from their adoption. He hoped, therefore, the question would be
postponed for a week; and if, at the end of that period, nothing shall
have transpired which will make their adoption proper, he trusted they
would then be farther postponed. If France is determined to have war
with us, we must and will defend ourselves; but he was desirous that no
act of ours should show that we ourselves wish for war.
Mr. SITGREAVES did not feel very solicitous whether the reference of
these resolutions should or should not be postponed for one week, as he
did not think so short a time would make any essential difference in the
state of things; but, as he knew no good purpose that could be answered
by the postponement, he should vote against it. He rose to offer his
reasons in favor of the reference, generally.
His colleague (Mr. GALLATIN) had fallen into two mistakes; he had said
that these resolutions are of the same nature with those which he (Mr.
SITGREAVES) had the honor, some days ago, to lay before the House; and
that the committee, to which the resolutions are proposed to be
referred, have, at present, all the power which this reference would
give them. He was not correct, in the first place, in saying that these
resolutions are of the same nature with those formerly submitted. The
former propositions suggested a course of special reprisal, in cases
limited and defined; the present propositions are for letters of general
marque and reprisal, which modes of proceeding are essentially different
in their nature and their incidents, in their theory and practice. The
present propositions, also, recommend a declaration on the subject of
the treaties, to which the former ones made no allusion. He believed his
colleague to be equally mistaken in his other assertion, that the
committee had already power to report to the extent of these
resolutions, if they should deem it expedient. Their general power was
to consider and report upon so much of the PRESIDENT'S Speech as relates
to the protection of commerce and defence of the country; and this
authority, when construed with relation to the Speech, cannot be
considered as going beyond the measures of defence, strictly compatible
with the neutral position in which we stood at the commencement of the
session; and could not, without an express reference, justify the
committee in proposing broad measures of hostility. This, however, is a
question of form merely. If the committee have already the power, the
reference proposed can do no mischief; if they have it not already, it
remains to inquire whether they ought not to have it. He conceived they
ought.
Mr. BALDWIN said, that nothing was more certain than that individual
members could not vote to refer a motion to a committee, as was now
proposed, unless at the time they feel themselves favorably disposed to
the object of the motion, and vote to refer it to a committee to further
that object, and to give it practicable shape and form. The gentleman
who had just sat down should reflect, that referring petitions is a
matter of course, and is established by usage as a respectful form of
receiving and hearing the applications of our fellow-citizens. The
introduction of a petition requires no second; but a motion made and
seconded, is to be regarded as a step in the actual operations of the
House. For himself he must say that, with respect to the present motion,
it required no time for him to be ready to declare, that he was not now
favorably disposed towards it, and could not, in any shape, now give it
his countenance and support.
When he reflected on what they had done in the small space of a few
weeks, and the course of measures which had been adopted by Congress
since the receipt of the despatches from our Envoys, he thought they had
come on, one upon another, in a succession sufficiently rapid. They
must, in their nature, greatly affect the state of the country, perhaps
more than was ever done before in so short a time. He thought it would
be wise in the House, at present, to make a short pause, before they
proceeded any further. It is a subject on which all Governments are apt
to err, and to proceed too rapidly. Let us, said he, take a little time
to ourselves, and give some time to our constituents, to look at our
interests, and the state of our public affairs, in the new posture which
we have given them in the course of a few weeks.
Our measures, he said, divided themselves into three classes; first, the
internal defence of our country and of our sea-coast. On this there had
been no difference of opinion; we had adopted, promptly, the same course
of measures which had been adopted a few years ago, when we were
threatened by another European power; we had fortified our ports and
harbors, fixed row-galleys and other vessels on our coast, and ordered a
draft of eighty thousand militia to hold themselves in constant
readiness; and ordered a million of dollars to be expended, in procuring
arms, cannon, and ammunition, to be placed all along the country in
proper situations, that they may be put into use by such of our
fellow-citizens as should be driven to the unfortunate necessity of
defending themselves by arms. He had been glad to see such a perfect
unanimity in those measures, and such a readiness, on all quarters, to
vote even larger sums than were recommended in the reports for these
purposes. This course of measures was founded on principles merely
defensive, and related only to our own country, and our own coast within
cannon shot from our shores, which, by the law of nations, is called our
territory; he trusted what had been done, accompanied with the spirit
and resolution of our countrymen, would render our country impregnable.
The second course of measures, which he said had also been adopted, was
extending our military preparations, and carrying our force beyond our
own jurisdiction, on the main ocean, to defend our commerce by convoys,
and to seek for and capture French privateers. On these the House had
not been unanimous; they had appeared to be founded on more questionable
policy; but, as the laws were passed, they would not only be cheerfully
submitted to, but as vigorously supported as the others; it was now his
duty to hope and expect that they would do more good than harm.
The third and last course of measures, was presented to our
consideration by the present motion, to put the country immediately
into an actual state of war. He must say he had been surprised to hear
it; he thought it very ill-timed; he must express upon it his utter
disapprobation. As had been already stated, the last official
information from our Envoys, showed that our negotiations were still
going on; and though the French Minister still insisted on a compulsory
loan, which our Ministers justly declared to be a very inadmissible
condition; yet, it ought to be noticed in the despatches that, when he
was asked by Mr. GERRY, if they were to consider him as insisting on a
loan as an ultimatum, he avoided the question, which gives reason to
believe that, as things then stood, a loan or war was not an absolute
inevitable alternative; it was such an alternative as he was not
disposed to take, so long as it was avoidable. Though our situation has
been, in many respects, bad for the year past, yet in a state of actual
war it will be much worse. He never turned his attention to the part of
the country where he lived, but that he felt himself compelled, by every
principle of duty to those whom he represented, to address and to urge
every consideration to avoid going to that extreme. They have been once
almost totally destroyed by war; they know, from their distance and from
past experience, that prompt and adequate protection never will be
extended to them. He believed no honest man, deliberating merely for the
public good, could take a view of the affairs of this country, of his
own home, and of his friends, and think of going into a state of war, if
it is possible to avoid it.
Mr. DANA hoped the gentleman from Georgia did not want to inquire of his
constituents whether they would consent to a treaty with France, in
which we shall bind ourselves to pay a tribute. He trusted if that
gentleman's constituents were thus to instruct him, he would refuse to
obey their instructions. He hoped no member of this House could be
prevailed with to set his hand to what would prove the death-warrant to
the liberties of the country. Mr. D. thought, therefore, that no
instructions were necessary on this subject; it is not a subject proper
for deliberation in the American Congress, and no other terms of
accommodation had been held out to us by that country. Does not Mr.
Talleyrand, said Mr. D., complain of the Farewell Address of General
Washington, and of the Speeches of Mr. Adams, and say that, before any
treaty can be entered upon with us, some proof of our friendly
disposition must be shown towards them, and that proof, he more than
insinuates, must be a loan, or a tribute to the extent of our capacity
to pay? If the despatches do not mean this, he did not know what they
mean; and when Mr. Talleyrand was asked whether this was the ultimatum
of the French Government, though he does not answer in direct terms, it
is clearly implied that it is so.
What, then, said Mr. D., are our hopes relative to France? Does any body
expect any thing from the terrible generosity of the Great Nation? Can
we expect any thing from their justice, or, rather, have we not every
thing to expect from their vengeance, if not prepared to meet it? Why do
gentlemen tell the House of the danger of irritating France? He thought
delicacy of this kind unnecessary, when speaking of a nation which has
set at defiance every moral principle, which has taken and is determined
to take our vessels, contrary to every principle of right. For himself,
he felt no such delicacy; and, therefore, he was in favor of referring
the resolutions under consideration. He did not think them so
notoriously wrong that they are not fit subjects for deliberation.
Mr. J. WILLIAMS wished to say a few words in reply to the remark which
had been made, that members who voted for the reference of resolutions,
generally vote for the resolution itself. He believed he could produce
twenty instances to the contrary, where references had been made, and
the measures themselves afterwards have been disagreed to. He should
give his vote in favor of the committal, because he wished to see the
principles of these resolutions detailed; but he by no means pledged
himself to vote for the passage of the bill.
The gentleman from Kentucky had spoken of two parties in this country,
but that the decision upon a resolution of this morning proved that
there is now a third party. He supposed the gentleman who had made the
motion alluded to would have given some reasons why it ought to be
agreed to; but not having done that, he voted against it.
[The SPEAKER reminded Mr. W. of the question.]
He then observed in reply to the remark of the gentleman from North
Carolina (Mr. R. WILLIAMS) with respect to treaties, that it was clear
from the writers on the laws of nations, that when one nation breaks a
treaty, it is no longer obligatory on the other party. But treaties are
nowadays done away, and power substituted in their place.
According to the opinion which gentlemen had themselves expressed,
Congress had already agreed to form different measures, which would
involve the country in war. If the present bill was passed (and he
doubted not it would be) it will be the fifth, though the gentleman from
Pennsylvania has said that this reference will give the Committee for
the Protection of Commerce and the Defence of the Country no new power,
and of course, in his opinion, it could make no difference whether these
resolutions are referred or not.
The yeas and nays were taken, and the question was negatived--42 to 41,
as follows:
YEAS.--John Allen, Bailey Bartlett, James A. Bayard, David
Brooks, Christopher G. Champlin, James Cochran, William
Craik, Samuel W. Dana, John Dennis, William Edmond, Abiel
Foster, Dwight Foster, Jonathan Freeman, Henry Glenn,
Chauncey Goodrich, Roger Griswold, William Barry Grove,
Robert Goodloe Harper, William Hindman, Hezekiah L. Hosmer,
James H. Imlay, John Wilkes Kittera, Samuel Lyman, William
Matthews, Lewis R. Morris, Harrison G. Otis, Isaac Parker,
John Read, John Rutledge, junior, James Schureman, Samuel
Sewall, Thomas Sinnickson, Samuel Sitgreaves, Nathaniel
Smith, George Thatcher, Richard Thomas, Mark Thompson,
Thomas Tillinghast, John E. Van Allen, Peleg Wadsworth, and
John Williams.
NAYS.--George Baer, jun., Abraham Baldwin, David Bard,
Lemuel Benton, Thomas Blount, Richard Brent, Stephen
Bullock, Dempsey Burges, John Chapman, Thomas Claiborne,
William Charles Cole Claiborne, John Clopton, Joshua Coit,
Thomas T. Davis, John Dawson, George Dent, Albert Gallatin,
James Gillespie, Andrew Gregg, John A. Hanna, Carter B.
Harrison, Jonathan N. Havens, Joseph Heister, David Holmes,
Walter Jones, Matthew Lyon, Nathaniel Macon, Blair
McClenachan, Joseph McDowell, John Milledge, Anthony New,
Josiah Parker, William Smith, Richard Sprigg, jr., Richard
Stanford, Thomas Sumter, Abram Trigg, Philip Van Cortlandt,
Joseph B. Varnum, Abraham Venable, Robert Williams, and
Matthew Locke.
Mr. SITGREAVES moved to postpone the consideration of these resolutions
for two weeks, which motion was seconded by Mr. J. PARKER.
Mr. VENABLE inquired whether it was in order to take any further
question upon the resolutions, the original motion having been
negatived.
The SPEAKER answered, that the question on reference having been
disagreed to, the resolutions themselves are now before the House.
Mr. VENABLE said, he had thought it was not in order to enter again upon
the consideration of these resolutions, after the question which had
been taken upon them. He knew that, to suffer them to lie on the table,
could have no effect upon the people of this country, but it might have
effect on the conduct of a foreign nation, as, when they heard such
resolutions were under consideration, and of course likely to be
adopted, they might anticipate their being carried into law, and proceed
to seize the property of our citizens in their ports. If this motion
were to be negatived, or withdrawn for the present, it might be brought
forward again, whenever gentlemen shall think it ought to be adopted. He
was as much opposed to the suspension, as he was against the reference
of these resolutions.
Mr. MACON hoped the consideration of these resolutions would not be
postponed. It was a little curious that a gentleman who was a few
minutes ago against a postponement for a week, was now become an
advocate for a postponement for a fortnight.
The SPEAKER said, the two questions were different.
Mr. RUTLEDGE rose to make this observation: That members opposed to the
former motion for postponement, when a mere question of reference was
under consideration, might with propriety be in favor of it when the
question comes to be final upon the resolution.
Mr. R. wished gentlemen to use their victory with moderation. He
believed the country was big with expectation that spirited measures
would be entered into. He did not believe they approved of the
half-measures which Congress took. Indeed, the countries which France
had overcome, had been overcome chiefly from their taking half-measures
while France had taken whole measures. He hoped the postponement would
be agreed to; as if the next advices from our Envoys are not more
favorable than the last were, he supposed there could be no hesitation
in agreeing to have these resolutions carried into effect, and to reject
them would have a mischievous effect.
Mr. LYON called for the yeas and nays on the question, but as one fifth
of the members present did not rise in favor of it, the question was not
carried.
Mr. DAVIS wished the mover to withdraw his resolution.
The question on postponement was put and carried--44 to 40.
_Alien Enemies, &c._
Mr. SEWALL, from the Committee for the Protection of Commerce and the
Defence of the Country, reported the bill respecting alien enemies,
newly modified, which was some days ago recommitted to the committee for
that purpose. Also, a bill authorizing merchant vessels to defend
themselves against French depredations. This bill authorizes the
commanders and crews of merchant vessels to oppose the attack or search
of any French armed vessel, and to repel any such search or attack by
force, and to capture the vessels making such attack. All such captures
to go--one-half to the owner of the vessel making the capture, and the
other half to the captors. No armed merchant vessel to be suffered to
clear out but such as is owned by citizens of the United States, who,
together with the commander, shall enter into bond that she shall not
commit any outrage against the vessels of any nation at amity with the
United States, and that said vessel shall not, during her voyage, carry
any articles contraband of war.
A bill was received from the Senate entitled "An act concerning aliens."
This bill goes to authorize the PRESIDENT OF THE UNITED STATES to order
all such aliens as he shall deem dangerous to the United States to
depart out of its territory; and if, after such order, any such alien
shall be found at large, he shall be imprisoned for three years, and for
ever after deprived of the privilege of becoming a citizen of the United
States. And if any alien shall return to this country, after he shall
have been sent out of it, he shall be imprisoned and kept to hard labor
for life. And all commanders of vessels who shall arrive in any of the
ports of the United States after the 1st day of July next, shall make a
report in writing of all aliens who shall come passengers on board their
vessels, giving an account of their age, profession, description of
their person, &c., on pain of forfeiting three hundred dollars.
These bills were severally made the order of the day for Monday.
SATURDAY, June 9.
Mr. J. PARKER moved that the bills, with the amendments of the Senate to
them, for altering the time of entering stills, and for the more
effectual collection of the internal revenues, be referred to a select
committee. Agreed to.
The House spent the remainder of the day principally in going through a
very long bill to provide for the valuation of lands and dwelling
houses, and the enumeration of slaves within the United States,
previously to the laying a direct tax on them. The bill was gone through
in the Committee of the Whole, without any debate of consequence, except
as to what related to filling the blanks intended to contain the amount
to be appropriated for carrying the law into execution, the salary of
the Commissioners, Assessors, &c. The committee had leave to sit again.
No other business of importance was done this day.
MONDAY, June 11.
Mr. HARPER, from the Committee of Ways and Means, reported a bill
providing for the enumeration of the inhabitants of the United States;
which was committed for Wednesday.
WEDNESDAY, June 13.
_Direct Taxes._
The bill providing for the valuation of houses and lands and the
enumeration of slaves within the United States, was then read the third
time, and upon the question being put "Shall this bill pass?"
Mr. DAVIS said, he was under the necessity of opposing the passage of
this bill. No part of the community would contribute more cheerfully, to
the extent of their ability, to the support of the General Government,
than his constituents; but, from the knowledge he had of their
situation; of the scarcity of circulating medium amongst them; and from
the want of a market for their surplus produce, he could not give his
vote in favor of a tax, which it would be with great difficulty they
would be able to pay. The people of Kentucky, he said, had produce of
every kind, in abundance, but they want a market for it. The Mississippi
had lately promised a medium through which to transport it, but as yet,
little advantage has been derived from it; and whenever a war shall take
place, it may be expected that they would be deprived of the advantages
which the free navigation of that river promises to the Western country.
Mr. D. said, when he came from home he did not think the coin in
circulation, in Kentucky, amounted to $10,000; and, since that period,
he was informed that money had become still more scarce. If he thought
the tax would be paid without great difficulty he would have cheerfully
voted for it; but believing the contrary, he was constrained to give his
vote against it.
Mr. W. CLAIBORNE said, the people of Tennessee are, in a great degree,
similarly situated with those of Kentucky. Every one enjoyed the
necessaries of life, but few of them experience those conveniences which
flow from wealth. Money is a scarce article amongst them; and when he
reflected upon the present situation of things, and the probability
there is, that the avenue which was lately opened for the disposal of
the surplus produce of the State would soon be closed, he feared his
constituents would be illy able to pay this tax. But if, as the
gentleman from North Carolina (Mr. MACON) on a former occasion
suggested, he should be mistaken in this respect, and that the people of
Tennessee are well able to pay the tax, he should rejoice in the event.
Fearing the contrary, however, when he heard the people complaining of
this grievous burden, he wished to have the consolation of saying, "I
did not consent to this law, because I was of opinion that its operation
would be particularly oppressive to the Western people."
Mr. GALLATIN observed, it would be extremely difficult to point out any
mode of taxation which will not be inconvenient and oppressive, in some
degree, for some part of the people to pay; and it must be expected that
every mode which can be adopted, will bear more hardly on some parts of
the community than on others. With respect to the tax on land, he must
agree with the gentleman from Kentucky and Tennessee, that, from there
being a less quantity of circulating medium in their States than any
other State of the Union, it would probably fall heavier upon their
constituents than upon people of the Atlantic States. But there is one
circumstance with respect to those States which ought to be taken into
consideration, viz: that the tax for this year will be laid according to
the old census taken seven or eight years ago; since which time, it is
well known that the population of these States has more than doubled.
Therefore, the inconvenience of paying this tax will be greatly lessened
to these States by that circumstance. In the State of Tennessee, by the
old census taken in 1791, there were only 35,000 inhabitants, whereas,
by a census taken in that State by themselves, two years ago, the number
exceeded 60,000.
Besides, it appeared to him that both the gentlemen assumed a principle
by no means ascertained, viz: that the Mississippi will be shortly
closed to the Western country. No people could suffer more by such an
event than the people whom he himself represented. They stood precisely
in the situation of the constituents of those gentlemen; and
undoubtedly, if our present difficulties with France should produce a
war with Spain, it would be extremely fatal to his constituents as well
as theirs. But he knew of no reason for supposing this; and it would be
wrong to legislate on a presumption that such will be the case.
In relation to this law, it was not formed, Mr. G. said, altogether to
his wish; but it was as nearly so as he could get it, and it was
necessary the money should be raised. He had opposed, as long and as
forcibly as he was able, most of the measures which made the great
expenses of the present session necessary; but a majority having
determined that the expense shall be incurred, and that measures shall
be taken which will necessarily decrease our present revenue, it has
become the duty of every member to provide the means for paying the
expense to be incurred, and for supplying the probable deficiencies of
former revenues.
If the expense is to be provided for, how is it to be done? It must be
either by taxation or by loans. Indeed, it is probable that Congress
will be obliged to resort to loans, even during the present session; but
certainly it is their duty, as far as they are able, to provide for the
public expenses, without going into measures which will increase the
public debt. Our choice lies, therefore, between loans and taxation; and
however inconvenient it may be to the people to pay taxes, he should
certainly resort to taxes rather than loans. And if the money is to be
raised by taxes, to what objects can we turn our attention? Congress
must have recourse to internal revenue, or an increase of duty on the
importation of some of the necessaries of life. Indeed, after turning
his attention very seriously to the subject, he could not find how any
considerable revenue could be raised, but by means of a direct tax on
land and houses, or a tax on salt. He did not think any other could be
relied upon; and, between the two, he believed it would be infinitely
better, both for the United States and his constituents, to lay a tax on
land and houses than on salt. The tax on land and houses will be laid
according to the value of the property; and though there is less
circulating medium in the back country, which is thinly settled, than in
the larger towns, the property in those parts will be estimated at a
much lower rate, and of course the people will have a smaller proportion
of the tax to pay; and he thought it far preferable to lay a tax which
would fall, in a great degree, upon persons according to their wealth,
than one which would operate as a _poll tax_, (as a tax on salt would
do,) according to their number.
Mr. DAVIS said, he believed he could prove to the gentleman from
Pennsylvania (Mr. GALLATIN) that his conclusions with respect to the
ability of the people of the State of Kentucky to pay this tax, were not
altogether correct; and that the number of the people inhabiting the
State now, being double what it was when the last census was taken, will
afford them no relief. For, if there were $10,000 in circulation in the
State, when there were only 30,000 inhabitants, and no more, now there
are 150,000--the tax would fall no lighter now than it would have fallen
then. How, it might be inquired, does it happen that, though the
population is so greatly increased, no increase should have been made in
the quantity of circulating specie? It happens thus: Men who emigrate
from the Atlantic States to this country, seldom bring much money with
them; for, whatever they may have when they set out, it is expended on
their journey, or paid for land to a single person when they reach us,
so that none of their money comes into general circulation and though
the people are able to raise plenty of produce, they are not able to
exchange it for money. It is true, the more inhabitants they get, the
more the general property of the State is increased, but it did not
increase the circulating medium. He did not believe there is now so much
money in circulation as there was when the census was taken. There was
then an army there, and produce sold for a good price; but since a peace
was made with the Indians, money has been constantly draining off from
the State, to pay the debts which the merchants of that State had
contracted whilst trade was brisk in this and other cities.
Mr. S. SMITH did not think the fears of the gentlemen from Kentucky and
Tennessee would be realized. It is no doubt true that the quantity of
circulating specie in Kentucky had diminished since the peace with the
Indians; but it is also true that the spring trade this year from
Kentucky by the Mississippi has been both great and profitable. But
gentlemen suppose, if we have a war with France, we shall also be at war
with Spain, and our intercourse by that river will be cut off. But the
interest of Spain will be against this; for in case of war, there will
be great difficulty in getting flour to the Havana from the Atlantic
ports, as our West India trade will be cut off, and they will have to
depend upon a supply by the Mississippi. Besides, if produce be so much
cheaper in the Western country than in the Atlantic States, as it has
been stated to be, it will become the interest of neutrals in the
Atlantic cities, to make remittances by produce from that country to the
Havana. And if Spain should be drawn into the war, there would be other
modes of the people of those States disposing of their produce. He did
not think, therefore, gentlemen from that country need be so much
alarmed as they appeared to be.
Mr. J. WILLIAMS had always been opposed to every system of direct taxes;
but as a majority of the House had agreed to call forth the resources of
the country by this means, he must give his vote for this bill. He was
astonished to find the gentlemen from Kentucky and Tennessee opposing
this bill, when so much of the money of the General Government had been
expended in that country. They must acknowledge their States have had
their portion of specie from the Treasury of the United States. An act
had indeed been passed during the present session for paying a company
of militia for a certain expedition in Tennessee, which amounted to
nearly one fourth of the whole sum required from that State. He believed
some of the troops of the United States are also now there, and likely
to continue, so that they are constantly receiving supplies of cash from
the Treasury of the United States. Besides, it ought to be considered
that this tax will fall upon unimproved, as well as improved land, many
of the owners of which, he supposed, lived out of that State, which
would reduce the portion of the tax to the State. The district in which
he lived would pay more tax than the whole State of Tennessee. He knew
the tax would be collected in some places with difficulty, and more so,
since the bill had undergone a change which had thrown the tax upon land
more than it would otherwise have fallen.
But, whatever difficulty may attend the collection of this tax, when we
see the ruinous effects of public debt in other countries, we ought to
be cautious how we make extensive loans, and endeavor to draw forth the
resources of the country, to meet any of the expenses which we may have
to encounter.
Mr. VARNUM should vote against this bill. He had always thought, since
the establishment of the present Government, that there would be no
necessity for resorting to direct taxes, except in case of our being
engaged in war. He believed the measures already taken would not require
a direct tax if no further expenses were contemplated. But he now
believed a majority of the Government of the United States are
determined on war, and he would, on that account, have given his vote
for the bill, if the tax was proposed to be laid on just and equal
principles. It was his opinion, that every species of property ought to
be taxed, as well as houses and land. So far from this being the case,
he believed that between one third and one half of the property taxed by
the State Legislatures, in their system of direct taxes, would, by the
present plan, be excused altogether from tax. Some of the most wealthy
people in the Union would, by this means, be untaxed, in a great degree,
while persons who hold a small property in houses or land, will bear the
burden of it; and not only of this tax, but to any further extent to
which the Government may have occasion to carry it.
Mr. T. CLAIBORNE had opposed many of the measures which made this tax
necessary; but a majority of Congress having determined upon a certain
course of measures, however contrary they may be to his opinion, he
should cheerfully submit to them, and vote in favor of this bill.
The people of Virginia, if they must be taxed, wished to be taxed in a
direct way, and he doubted not this tax would be paid with alacrity.
They always had been, and would continue to be, he had no doubt, prompt
in their obedience to the laws of the General Government.
The yeas and nays were then taken upon the passing of the bill; it was
passed--69 votes to 19.
_Resolved_, That the title be, "An act to provide for the valuation of
lands and dwelling houses, and the enumeration of slaves, within the
United States."
THURSDAY, June 21.
_Relations with France._
In the course of the sitting, the following Message was received from
the PRESIDENT OF THE UNITED STATES:
_Gentlemen of the Senate, and Gentlemen of the House of
Representatives:_
While I congratulate you on the arrival of General
Marshall, one of our late Envoys Extraordinary to the
French Republic, at a place of safety, where he is justly
held in honor, I think it my duty to communicate to you a
letter received by him from Mr. Gerry, the only one of the
three who has not received his congé. This letter, together
with another from the Minister of Foreign Relations to him,
of the third of April, and his answer of the fourth, will
show the situation in which he remains, his intentions and
prospects.
I presume that, before this time, he has received fresh
instructions, (a copy of which accompanies this message,)
to consent to no loan, and therefore the negotiation may be
considered as at an end.
I will never send another Minister to France, without
assurances that he will be received, respected, and
honored, as the representative of a great, free, powerful,
and independent nation.