The question being, "Shall this bill pass?"

Mr. LIVINGSTON complained that this bill went to place the power of life

and death in the hands of the PRESIDENT, with respect to every Frenchman

in this country, in case the French Government should commit any act of

violence against one of our citizens. He doubted, indeed, whether he

would not have this power, in case of any American citizen being killed

in battle on board a British ship. The Legislature, he said, had no

right to vest this power, except in case of war; nor did he believe it

would ever be exercised, if given. And as the decree complained of had

been two years in existence without being carried into effect, he

thought there was no need now to create an alarm about it. Indeed, the

last decree having been suspended, he considered the first to be so

also.

Mr. EDMOND was sorry, at this late hour, to occupy a single moment of

the time of the House; but he found himself called upon to say a few

words. It was a painful reflection, he said, that any nation in the

world should deliberately pass a legislative act for the purpose of

authorizing the commission of murder; for the _arrêt_ of the French

Republic was nothing less than a law for putting innocent men to death.

An instance like it could not be found on record. In time of war

retaliation is found necessary to prevent the enormities of an enemy.

Indeed, the intention of retaliation is always to prevent cruelty. This

decree was said to be suspended; but if it were not intended to give it

future operation, it would have been repeated. It might be convenient to

suspend the decree for a time; but when a nation is so depraved as to

pass a decree of this kind, what security have we that the decree will

not be brought into operation in the recess of Congress. If it is not,

the present law can have no effect. Mr. E. believed no one but the

gentleman from New York could have supposed that this law was meant to

retaliate for men killed in battle. If he examines the bill, he will

find that the person must have been put to death pursuant to a decree of

the French Republic. And whilst we suffer our humanity to be touched

with respect to French citizens here, we ought not to forget American

citizens, whose blood may be spilt in France under this decree.

Mr. GALLATIN observed, that three arguments had been used in favor of

passing this bill. One of them was, that it would afford protection to

our seamen; the second, to give sufficient cause of irritation by

repelling every hostile measure of the French Government by one of a

similar nature; the third, to prevent the people of America having any

belief in either the sincerity of France or the probability of a

negotiation.

Mr. G. did not believe that this bill would give the protection expected

to our seamen; and as to the power of retaliation, well knowing, both

from the character of the PRESIDENT and the general character of

America, that retaliation would be repugnant to his feelings, and the

feelings of the public at large, he did not believe a single case would

ever happen in which it would be exercised. What, said Mr. G., would be

the degree of proof necessary to carry into effect this law? A man must

have been taken on board a British vessel, or some other vessel at war

with France, and put to death or ill-treated by the French. It must also

be proved to have been done in pursuance of a French decree. In the next

place, he must be an American citizen, and have been compelled to go on

board such ship; and Mr. G. did not know how all this information was to

come to the PRESIDENT.

If, said Mr. G., it be really our intention to give protection to our

seamen, instead of authorizing the proposed retaliation, we ought to go

to the source of the evil, and endeavor to prevent the impressment of

our seamen by the British, which alone brought them into this

situation. This bill does not comprehend any American who goes on board

of a British ship of war voluntarily; they are not entitled to our

protection by the law of nations; they must seek protection from the

country under whose flag they sail. Those American citizens only,

therefore, who have been forced on board a British ship of war, and who

have been obliged to fight their battles against their will, are by this

bill to be protected, so far as retaliation can protect them.

Mr. G. said, he had been induced to mention this point, not only because

it naturally flows from the subject, but from one of the documents which

had been submitted to the House. He alluded to Lord Grenville's letter

to Mr. King, our Minister at London. [Mr. G. read an extract of that

letter.]

Mr. G. observed, upon this document, that it contained a very

extraordinary acknowledgment. Lord Grenville says, "the King feels the

protection due to those who sail under his flag." Thereby openly

acknowledging that there are a number of American seamen who do sail

under his flag. And, as not many of our seamen had selected his service

in preference to that of their own country; as our own seamen, if left

to their choice, would sooner sail on board of our own ships than those

of His British Majesty, it is therefore an explicit avowal of the

impressment of American seamen. That identical document which

communicates the offensive decree of France, is also the occasion of

this bill.

This acknowledgment, said Mr. G., leads to more than one consequence. If

we pass this bill, it will amount to this, that knowing American seamen

were impressed by the British, the fact having been thus confessed, we

choose rather to pass a retaliatory law against the French for punishing

our seamen found in a situation into which they were arbitrarily forced

by the British, than apply a remedy to the root of the evil.

Again, another part of this letter of Lord Grenville, when connected

with this measure, made an extraordinary impression on his mind. The

acknowledgment having been made, it might have been supposed Lord

Grenville would have ordered all such American seamen to have been

released; but he does not do this, but says the King will cause

retaliation to be exercised. To do this might have some effect whilst

these men remained on board of the King's ships; it would, therefore,

increase his power, and prolong the time during which such seamen will

remain on board. But Lord Grenville does not stop here. He says, the

"King leaves it with the different powers to take measures accordingly."

So that he gives us advice what we ought to do, and we are about to do

it. Mr. G. had said, this bill was not likely to produce any effect;

yet, if it should be put in force, by referring once more to Lord

Grenville's letter, it will appear that the retaliation of which he

speaks is to be confined to French prisoners, whom the fortune of war

had thrown into the power of Great Britain; and he believed the present

law should be confined to persons who should be captured by vessels of

the United States. And it would be most effectual in this way; because

if it were to operate against other French citizens in this country, the

French Government would not be concerned about it, since ninety-nine out

of a hundred of those citizens are probably emigrants, or persons for

whose safety they have no interest.

If by meeting every hostile act of the French Government by a measure of

a similar kind, we could render this country more respectable, Mr. G.

should be in favor of it; but, in the present case, he did not think the

measure applicable. There was a great difference, he said, between

measures of hostility and retaliation. Measures of retaliation could do

no good, except as preventives; and as the decree in question had

already been two years in force without being carried into effect, it

could scarcely be expected that it would now be exercised.

It must be allowed, Mr. G. said, that some change had taken place in our

situation with respect to France; but it seemed as if gentlemen wished,

by the passing of this bill, to take off any impression of this kind

which might have been made on the people by the late appointment of

Ministers to treat with France. Mr. G. did not mean to express any

opinion on the probable issue of that nomination. He believed the

PRESIDENT had taken certain measures; and that nothing which he could do

or say would either accelerate or delay those measures. He wished to

leave them uncontrolled, to have the effect they may, whatever it may

be. Yet, in relation to what had been said with respect to Guadaloupe,

he believed that captures had taken place; yet, when we speak of

information, there was a letter written by one of the commanders of our

vessels, which says, that a number of vessels go there for the purpose

of being taken, in order to carry on a trade contrary to the laws of the

United States. [The SPEAKER called to order.] Mr. G. said he was about

to conclude. He considered this bill as calculated to have but little

effect, and had it not been for the arguments of the gentleman from

Massachusetts, he should have been at a loss to have known for what

reason it was passed.

Mr. DANA said, "with what measure you mete, the same shall be measured

to you again," was a doctrine long since established. It was a doctrine

which injured man had assumed in all countries, and the justice of which

had been universally admitted.

An appeal to this national sentiment, and to the writers on this

subject, would be a sufficient answer to the gentleman's humanity for

Frenchmen, to the forgetfulness of his fellow-citizens.

The general principles of the law are too just to be questioned. The

gentleman from Pennsylvania, well knowing that the national feelings of

man must approve of the principle, undertakes to distinguish away the

subject. Instead of coming forward to the point, he has gone into

complaints against British inhumanity. But why speak of British

inhumanity, if not to embarrass this bill? This bill is intended against

the French nation. If the gentleman wished a similar law against the

British, neither he nor his followers could be suspected of any

attachment to that nation, which would have prevented him or them from

bringing forward such a measure. The gentleman knew such a measure would

be embarrassed with difficulties; and, if it failed, it would deprive

him of the argument he now makes use of. Shall we, said Mr. D., because

our seamen have been first injured by Great Britain, when France uses

them still worse, abandon them? Because they have been once injured with

impunity, shall we turn our backs upon them for ever? The doctrine is

too inhuman, too absurd, to be countenanced.

The gentleman from Pennsylvania assigns another reason against this

bill. To make it effectual he says certain information must be given to

the PRESIDENT, viz: that the person ill-treated is an American seaman;

and that he has received his ill-treatment in pursuance of a decree of

the French Government. Has the gentleman to learn that, when the

officers of the French Government do an act of violence, which the

principles of humanity and the law of nations condemn, if the nation

does not punish its officers for the act, it must be done in pursuance

of the orders of Government?

The gentleman's other objection was honorable to Americans. It was that

the humanity of the PRESIDENT, and of the people of this country, would

not suffer the law, if passed, to be carried into effect. Mr. D. said it

was difficult to reason on this subject, but, admitting the fact, it

affords a decisive proof that this power will never be abused, and at

the worst, the law could only be ineffectual, and it might have the good

effect of preventing the unprincipled murder of our countrymen.

The gentleman from Pennsylvania had said that the decree of the British

Cabinet might have had some effect in procuring a suspension of the

decree of the Executive Directory.

[Mr. GALLATIN denied having said that the French Government had

suspended their decree on account of the threats of the British. Mr.

King's first letter is dated the 27th of November, and his second,

mentioning the suspension of the decree, the 28th, so that that was

impossible.]

The gentleman has taken an opportunity of referring to the note of Lord

Grenville. If the gentleman was disposed to make a philippic against

Lord Grenville, Mr. D. said, he had no reason to vindicate him; but,

when the gentleman went so far beside the question to do it, it showed

he had little respect for his audience. But the gentleman from

Pennsylvania was certainly incorrect, when he said the note of Lord

Grenville was a direct admission that impressed American seamen were

held on board the British fleet. He would state a case in which American

seamen would be liable to the effects of the French decree, where the

British Government could not be censurable. Suppose an American vessel

captured and plundered by the French, and some of our seamen, to escape

the severities of a French dungeon, had escaped and got on board of a

British ship of war, hoping by that means, in time, to get to their own

country. Such cases, he had no doubt, had happened, and in such, the

gentleman must allow, our citizens must be liable to suffer as pirates,

without any blame resting on the conduct of the British.

Mr. OTIS said, it had been so long unfashionable to vindicate the

conduct of France, or to make apologies in her behalf, that those who

now wished to do it, attempt to excite hatred against another nation.

The gentleman from Pennsylvania has gone altogether upon this principle.

He has said but little against the principle of the bill. His only

objection to it was that it was not sufficiently extensive. Admitting

the injuries to exist with respect to Great Britain, and that many of

our seamen have been impressed by them, did the gentleman wish us to

retaliate by impressing British seamen? No, he would be the first to

oppose such a law; and yet this is the only just kind of retaliation

that could be adopted, for he would not wish us, because the British

have impressed our seamen, to put the first British subject we meet to

death; and to talk of impressing their seamen, would be perfectly

ridiculous.

It was not incumbent upon him, Mr. O. said, to enter into any argument

to distinguish between the injuries which we have received from the

French and British Governments, nor to palliate the conduct of any

nation which has done us wrong; but when things perfectly clear are

violently distorted, to excite undue prejudices, with a view of

diverting the attention of the House from the subject before them, it

becomes necessary to notice the attempt. Let it be granted that Great

Britain impresses our seamen; she renounces every right to do so. She

perseveres, it is true, in her right to reclaim her own seamen from on

board our vessels, and in making this claim, some abuses may have taken

place.

If the gentleman from Pennsylvania had seen fit to do justice to Lord

Grenville, he would have turned to another document laid before Congress

by the Secretary of State last year, wherein he says that Great Britain

had never assumed the principle of impressing American seamen. His

friend from South Carolina (Mr. PINCKNEY) affirmed what he said, and

showed that the great difficulty was in preventing false passports from

being given. This was verified in the conduct of Captain Loring and the

Baltimore sloop of war. The difference, Mr. O. said, between the conduct

of France and Great Britain towards us was palpable. Great Britain

never refused to rectify grievances; she never heaped outrages upon us.

If she had, he should have been for vengeance and war against that

country, and the cry would certainly have been echoed by the gentleman

from Pennsylvania.

Mr. O. said he disdained that sort of sensibility which his friend from

Connecticut (Mr. DANA) seemed to think redounded to the honor of the

people of this country. He owned it would not wound his feelings, in the

smallest degree, to see the law of retaliation executed upon any French

citizen in America. If one American citizen fell a sacrifice to the

decree of France, it would altogether absorb his sympathies for

Frenchmen. There is a French citizen, said he, now living in the

neighborhood of New York, who originally came here as Ambassador from

the French Republic; and I must say that I should not feel the least

sensibility if he should fall a victim to this law! Indeed, there were

French citizens enough on whom to execute the law; though he joined

gentlemen on all sides of the House in hoping that there would be no

occasion to carry it into effect.

The gentleman from New York says that a law of this kind ought not to be

passed, except in time of war; and yet, said Mr. O., the gentleman will

not let us go to war, and in the mean time our citizens may suffer with

impunity under the bloody decrees of France. But he believed Congress

had clearly the power, from those words of the constitution which say,

"they shall grant letters of marque and reprisal"--reprisal, doubtless,

not only against ships, but against property and persons, to pass a law

of this kind. Mr. O. thought it necessary, therefore, to show to the

French Republic that we are not negotiating through fear; that we are

desirous of keeping peace with all the world, so long as we can do it

consistent with our honor and independence; but no longer.

Mr. S. SMITH wished to have postponed this bill till the next session.

He thought it improper as it originally stood; as the decree which was

passed two years ago was never acted upon. Indeed he had somewhere seen

that American seamen were released on application of Mr. Skipwith, our

Consul in France. The bill, as amended, is far less objectionable, yet

he wished it were postponed till next session, because he never wished

to see a law of this kind on our code. He agreed with the gentleman from

Connecticut that it was legalizing murder.

Mr. S. believed the gentleman from Massachusetts mistaken in many

respects. He himself believed France was disposed to make peace. Mr. S.

proposed an amendment to the bill confining the retaliation to persons

captured in pursuance of any of the laws of the United States. If this

amendment was agreed to, the bill would be less exceptionable; for,

though the gentleman from Massachusetts had said he should not regret

the murder of any French citizen, under this law, nothing surely but the

heat of argument could have led him to say this; he must own he should:

nor did he believe that that gentleman, or any other, could lay hold of

an unfortunate Frenchman, and put him to death, though one of our

citizens might have suffered unjustly and cruelly in France.

The amendment was carried.

Mr. MACON did not wish to see this law in our code. In his opinion

nothing but the utmost necessity ought to induce us to pass it. Nor

could he believe that the gentleman from Massachusetts could see any

man, even if taken in arms, put to death in cold blood! Though it might

be right to punish those who passed the decree, if they could be laid

hold of, it was a mournful thing to retaliate upon innocent persons the

offences of the guilty.

The gentleman from Connecticut had quoted a scriptural passage--"With

the same measure that you mete, the same shall be measured unto you." In

the same volume, Mr. M. said, he would also find, "Do unto others as ye

would they should do unto you;" and a law of this kind could not be

justified upon the latter principle.

It is said we ought to show that we do not act from fear. He thought

this one of the last measures the House should pass to evince that. Mr.

M. hoped, that on the last evening of the session, a bill of this kind

would not be pressed. The members had heretofore been accustomed to part

in good humor, at the close of the session, however they might have

differed in the course of it. He hoped they should not now depart from

this custom. He therefore moved to postpone the bill till next session.

The question for postponement was negatived--48 to 37.

After a few observations from Mr. MCDOWELL, against the bill, it was

ordered to be read a third time and passed--yeas 56, nays 30.

A motion was made by Mr. LIVINGSTON, to adjourn till ten in the morning,

as it would be impossible to get through the business to-night, and he

understood the Senate were about to adjourn to that time.

Mr. DANA proposed to adjourn till seven in the evening; but that motion

being negatived, the House adjourned till ten o'clock on Sunday morning.

SUNDAY MORNING, March 3.

Several reports were made by the Committee of Enrolment, and sundry

messages communicated from the Senate relative to the bills in their

passage.

_Vote of Thanks._

Mr. CHAMPLIN rose and addressed the House as follows:

"Sensible as I am of the importance of the duties that at all times

attach to a gentleman who presides over the deliberations of this

assembly, and more especially in times of imminent danger; impressed

with the able and honorable manner in which those duties have been

discharged by the gentleman who now fills the chair; and believing the

sentiments I entertain on this occasion to be in perfect unison with

those of every member of this House--I beg leave to submit a resolution

expressive of the sense of the House on this subject:"

He then moved the following resolution:

"_Resolved_, That the thanks of this House be presented to

Jonathan Dayton, in testimony of their approbation of his

conduct in discharging the arduous and important duties

assigned him whilst in the chair."

This motion was received by the Clerk, and the question being put upon

it by him, there appeared for it 40, against it 22.

The resolution being carried, the SPEAKER rose and addressed the House

as follows:

No language, gentlemen, can do justice to those feelings

which this second vote of approbation of my conduct, after

four years' presidency in the House of Representatives, has

excited in my breast. It would be unjust in me not to

acknowledge, that to the support uniformly afforded, and to

the confidence unremittedly reposed in me, rather than to

any merit of my own, is to be ascribed the success with

which you are pleased to declare that the duties of the

chair have been executed.

Permit me to say, that far from being displeased, I have,

on the contrary, been very much gratified at hearing that

the resolution of thanks has not been passed, as a mere

matter of form, unanimously. As in all public bodies, there

have ever been found men whose approbation must be

considered by the meritorious as a censure, so in this

body, there are, unhappily, some whose censure will be

regarded by all whose esteem I value, as the highest

testimony of merit. About to abandon the seat which I have

held in this branch of the General Legislature for eight

successive years, I take advantage of the moment which

precedes our separation to bid you, gentlemen, an

affectionate farewell.

Mr. MACON moved the usual resolution appointing a joint committee with

the Senate, to inform the PRESIDENT, that Congress is ready to adjourn

without day, unless he has any further communication to make them; which

being agreed to, Messrs. OTIS, MACON, and BROOKS, were appointed a

committee on the part of this House.

Mr. OTIS, from the committee appointed to wait upon the PRESIDENT,

informed the House that they had performed that service; and he informed

them "that he had no further communication to make, except to express

his wish for the health and happiness of the members, and a pleasant

journey home to their families and friends."

The SPEAKER then adjourned the House without day.

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