JAMES MADISON.

DEPARTMENT OF STATE, Jan. 21.

MONDAY, January 30.

The VICE PRESIDENT having retired, the Senate proceeded to the election

of a President _pro tempore_, as the constitution provides; and the

Hon. JOHN MILLEDGE was appointed.

THURSDAY, February 2.

The credentials of SAMUEL WHITE, appointed a Senator by the Legislature

of the State of Delaware, for six years, commencing on the 4th of March

next, were read, and ordered to lie on file.

TUESDAY, February 7.

_Examination and Count of Electoral Votes for

President and Vice President._

Mr. SMITH, of Maryland, from the joint committee appointed to ascertain

and report a mode of examining the votes for President and Vice

President, and of notifying the persons elected of their election, and

for regulating the time, place, and manner, of administering the oath

of office to the President, reported in part the following resolution,

which was read and agreed to:

_Resolved_, That the two Houses shall assemble in the Chamber

of the House of Representatives, on Wednesday next, at 12

o'clock; that one person be appointed a teller on the part

of the Senate, to make a list of the votes as they shall be

declared; that the result shall be delivered to the President

of the Senate, who shall announce the state of the vote, and

the persons elected, to the two Houses assembled as aforesaid;

which shall be deemed a declaration of the persons elected

President and Vice President, and, together with a list of the

votes, to be entered on the Journals of the two Houses.

_Ordered_, That Mr. SMITH, of Maryland, be appointed teller on the part

of the Senate, agreeably to the foregoing resolution.

A message from the House of Representatives brought to the Senate "the

several memorials from sundry citizens of the State of Massachusetts,

remonstrating against the mode in which the appointment of Electors

for President and Vice President has been proceeded to on the part of

the Senate and House of Representatives of said State, as irregular

and unconstitutional, and praying for the interference of the Senate

and House of Representatives of the United States, for the purpose of

preventing the establishment of so dangerous a precedent."

The message last mentioned, referring to the memorials of sundry

citizens of the State of Massachusetts, was read.

_Ordered_, That the message and memorials lie on the table.

A message from the House of Representatives informed the Senate that

the House agree to the report of the joint committee "appointed to

ascertain and report a mode of examining the votes for President and

Vice President, and of notifying the persons elected of their election,

and to regulate the time, place, and manner of administering the oath

of office to the President," and have appointed Messrs. NICHOLAS and

VAN DYKE tellers on their part.

WEDNESDAY, February 8.

The two Houses of Congress, agreeably to the joint resolution,

assembled in the Representatives' Chamber, and the certificates of the

Electors for the several States were, by the President of the Senate,

opened and delivered to the tellers appointed for the purpose, who,

having examined and ascertained the number of votes, presented a list

thereof to the President of the Senate, which was read, as follows:

Key:

James Madison. = JMn

George Clinton. = GC

C. C. Pinckney. = CCP

James Monroe. = JMe

John Langdon. = JL

Rufus King. = RK

+---------------+--------------+-------------------------+

| STATES. |For President.| For Vice-President. |

| +----+----+----+-----+----+----+----+----+

| | JMn| GC| CCP| GC| JMn| JMe| JL| RK|

+---------------+----+----+----+-----+----+----+----+----+

|New Hampshire | --| --| 7| --| --| --| --| 7|

|Massachusetts | --| --| 19| --| --| --| --| 19|

|Rhode Island | --| --| 4| --| --| --| --| 4|

|Connecticut | --| --| 9| --| --| --| --| 9|

|Vermont | 6| --| --| --| --| --| 6| |

|New York | 13| 6| --| 13| 3| 3| | |

|New Jersey | 8| --| --| 8| | | | |

|Pennsylvania | 20| --| --| 20| | | | |

|Delaware | --| --| 3| --| --| --| --| 3|

|Maryland | 9| --| 2| 9| --| --| --| 2|

|Virginia | 24| --| --| 24| | | | |

|North Carolina | 11| --| 3| 11| --| --| --| 3|

|South Carolina | 10| --| --| 10| | | | |

|Georgia | 6| --| --| 6| | | | |

|Kentucky | 7| --| --| 7| | | | |

|Tennessee | 5| --| --| 5| | | | |

|Ohio | 3| --| --| --| --| --| 3| |

+---------------+----+----+----+-----+----+----+----+----+

|Totals | 122| 6| 47| 113| 3| 3| 9| 47|

+---------------+----+----+----+-----+----+----+----+----+

The whole number of votes being 175, of which 88 make a majority.

Whereupon the President of the Senate declared JAMES MADISON elected

President of the United States for four years, commencing with the

fourth day of March next; and GEORGE CLINTON Vice President of the

United States for four years, commencing with the fourth day of March

next.

The votes of the Electors were then delivered to the Secretary of the

Senate; the two Houses of Congress separated; and the Senate returned

to their own Chamber.

On motion, by MR. SMITH of Maryland,

_Resolved_, That the President of the United States be requested

to cause to be delivered to JAMES MADISON, Esq., of Virginia, now

Secretary of State of the United States, a notification of his election

to the office of President of the United States; and to be transmitted

to GEORGE CLINTON, Esq., of New York, Vice President elect of the

United States, notification of his election to that office; and that

the President of the Senate do make out and sign a certificate in the

words following, viz:

_Be it known_, That the Senate and House of Representatives

of the United States of America, being convened at the city

of Washington, on the second Wednesday in February, in the

year of our Lord one thousand eight hundred and nine, the

underwritten, President of the Senate _pro tempore_, did, in

presence of the said Senate and House of Representatives, open

all the certificates and count all the votes of the Electors

for a President and Vice President of the United States.

Whereupon, it appeared that JAMES MADISON, of Virginia, had

a majority of the votes of the Electors as President, and

GEORGE CLINTON, of New York, had a majority of the votes of

the Electors as Vice President. By all which it appears that

JAMES MADISON, of Virginia, has been duly elected President,

and GEORGE CLINTON, of New York, has been duly elected Vice

President of the United States, agreeably to the constitution.

In witness whereof, I have hereunto set my hand, and caused the

seal of the Senate to be affixed, this ---- day of February,

1809.

And that the President of the Senate do cause the certificate aforesaid

to be laid before the President of the United States with this

resolution.

TUESDAY, February 21.

The credentials of JOSEPH ANDERSON, appointed a Senator for the State

of Tennessee, by the Executive of that State, from and after the

expiration of the time limited in his present appointment, until the

end of the next session of the Legislature thereof, were presented and

read, and ordered to lie on file.

_Franking Privilege to Mr. Jefferson._

The bill freeing from postage all letters and packets to Thomas

Jefferson was read the second time, and considered as in Committee of

the Whole; and no amendment having been proposed, on the question,

Shall this bill be engrossed and read a third time? it was determined

in the affirmative.

_Non-Intercourse._

Mr. TIFFIN, from the committee, reported the bill to interdict the

commercial intercourse between the United States and Great Britain

and France, and their dependencies, and for other purposes, correctly

engrossed; and the bill was read the third time, and the blanks

filled--section three, with the words _twentieth_ and _May_ in two

instances.

On motion by Mr. BRADLEY, the words, "or being pursued by the enemy,"

were stricken out of the first and third sections, by unanimous consent.

Mr. LLOYD addressed the Senate as follows:

Mr. President: When the resolution on which this bill is founded was

brought forward, I had expected it would have been advocated--as a

means of preserving peace--as a menace to the belligerents, that a more

rigorous course of conduct was about to be adopted towards them, on the

part of the United States, provided they continued to persist in their

injurious decrees, and Orders in Council--as giving us time to prepare

for war--or as a covert, but actual war, against France and Great

Britain.

I feel indebted to the honorable gentleman from Virginia, (Mr. GILES,)

for not only having very much narrowed the consideration of this

subject, but for the open, candid, and manly ground he has taken,

both in support of the resolution and the bill. I understood him to

avow, that the effect must be war, and that a war with Great Britain;

that, notwithstanding the non-intercourse attached to this bill,

the merchants would send their vessels to sea; those vessels would

be captured by British cruisers; these captures would be resisted;

such resistance would produce war, and that was what he both wished

and expected. I agree perfectly with the gentleman, that this is the

natural progress, and must be the ultimate effect of the measure; and I

am also glad, that neither the honorable Senate nor the people of the

United States can entertain any doubts upon the subject.

I understood the gentleman also to say, that this was a result he had

long expected. Now, sir, as there have been no recent decrees, or

Orders in Council issued, if war has been long looked for, from those

now in operation, I know not what excuse those who have the management

of our concerns can offer to the people of the United States, for

leaving the country in its present exposed, naked, and defenceless

situation.

What are our preparations for war? After being together four-fifths

of the session, we have extorted a reluctant consent to fit out four

frigates. We have also on the stocks, in the navy yard and elsewhere

scattered along the coast, from the Mississippi to the Schoodick, one

hundred and seventy gunboats, which, during the summer season, and

under the influence of gentle western breezes, may, when in commission,

make out to navigate some of our bays and rivers, not, however, for

any effectual purposes of defence, for I most conscientiously believe,

that three stout frigates would destroy the whole of them; and of the

enormous expense at which this burlesque naval establishment is kept

up, we have had a specimen the present session, by a bill exhibited

to the Senate, of eight hundred dollars for medical attendance,

on a single gunboat for a single month, at New Orleans. If other

expenditures are to be made in this ratio, it requires but few powers

of calculation to foretell that, if the gunboats can destroy nothing

else, they would soon destroy the public Treasury.

We have also heard of a project for raising fifty thousand volunteers,

which has, I believe, been very properly stifled in its birth, and we

have appropriated, during the present session, one hundred and fifty

thousand dollars towards the erection, repairing, and completion of our

fortifications. A sum about equal to the expenditure of the British

Government for six weeks, or two months, on a single fortress in the

Province of Canada, and which sum, with us, is to put into a state

of defence, against the naval power of Great Britain, an exposed and

accessible maritime frontier of two thousand miles in extent!

In contemplating war, it is also proper to advert to the state of

the Treasury. Under such an event, and with any serious preparation

for war or actual prosecution of it, the present funds would soon be

exhausted. How soon cannot be stated, because the amount of them cannot

be accurately ascertained. A part, and a considerable part, of the

money now on hand, does not belong to the public. It is the property

of the merchants; it is deposited in the Treasury as in a bank, to be

checked for, whenever that commerce, which Mr. Jefferson, in his Notes

on Virginia, most emphatically says, our country _will have_, shall be

again reopened.

And thus situated, what are the projects offered for replenishing

the public coffers in future? It is the duty of the Secretary of the

Treasury to develop the resources of the nation, and to point out new

sources of supply, whenever the usual channels are impeded. He has

designated three modes. The first, if executed, embraces, in my view,

and I am sorry to say it, a marked violation of the public faith. It

is the suggestion of stopping drawbacks on merchandise, which, in many

instances, the merchants, from a reliance on the stability of your

laws, and the integrity of the Government, have imported expressly for

exportation, and not for domestic use or consumption in this country,

and which exportation you have prevented them, alike contrary to their

inclinations and their interests, from making for a longer period than

ever was known or endured in any other nation.

The second project is one which, in my opinion, would do little honor

to the genius of any man. It is a sweeping project for doubling, at

the moment, the duties on every description of imported merchandise,

on which a duty is now payable. Without notice to the merchant,

without inquiry, without discrimination, without distinction between

the necessaries of the poor man and the luxuries of the rich one;

between the indispensable raw materials of the manufacturer and the

useless decorations of fashion. By which, bohea tea and Madeira wine,

brown sugar and cosmetics, coaches and carpenters tools, are all, by a

single stroke of the pen, raised in the same ratio; and a duty of 100

per cent. on the present rates, without favor or affection, equally

recommended to be imposed on the whole of them.

The third project is certainly not a novel one; it is simply that

of shifting the burden off our own shoulders on to those of our

successors: it is that of borrowing money on loans.

I have been, sir, among those who have respected the intelligence and

acuteness of the Secretary of the Treasury. I have thought the office

very ably filled; nor has my estimation of his talents been diminished

from the few personal conferences I have had with him since I have been

in this city; but if his fame rested on no firmer a basis than the

reports made to Congress the present session, in relation to enforcing

the embargo laws, and to our fiscal concerns, then an infant's breath

might easily burst the bubble. At any rate, it may very truly be said,

that if such are our preparations for commencing, and our resources for

continuing a war, they are those which will serve neither to inspirit

ourselves, nor to frighten our enemies.

If we are to have war, with whom is it to be prosecuted--not in terms

I mean, but in fact? Certainly not with France. Her few possessions

in the West Indies have probably, by this time, ceased to belong to

her, and between her European territories and the United States a gulf

intervenes, a power is interposed, which neither the Emperor of the

West nor the King of the two Americas can either fathom or resist.

It then appears, if we are to have war, it is to be a covert war with

the two belligerents, but in reality an actual war with Great Britain

alone, and not a war with both France and Great Britain, as the face of

this bill seems to import.

If this be the determination of our Government, and the war is to

commence at a future day, and not instantly, what is the course which

policy would dictate to this country to pursue? Certainly not a

prohibition of the importation of her manufactures. A long period of

years must elapse before we can furnish for ourselves many articles

we receive from her even of the first necessity, or those which,

from habit, have become such to us. We should, therefore, sedulously

endeavor, not only to guard against exhausting our present stock, but

to adopt every means in our power to replenish it.

It would be expedient to throw wide open the entrance of our ports

for importations, to overstock as much as possible the United States

with British manufactures. This would procure for us a double

advantage; it would promote our own accommodation, by giving us the

means of commencing and prosecuting war with fewer privations, and

it would powerfully tend to unite the interests of a certain class

of the inhabitants of that country with our own--for, as the mass of

importations from Great Britain are made on long credits, should a war

ensue before such credits are cancelled, it is obvious that, until the

conclusion of the war, those debts could not be collected, and this

circumstance alone, to a certain extent, might operate as a preventive

check to war, or, at any rate, would secure in the bosom of the British

nation a party whose interests and feelings would be intimately

connected with a speedy return of peace.

By adopting a non-intercourse antecedent to a state of war, our own

stock of supplies becomes exhausted, the British merchants have time

and notice given them to collect, or alienate, by assignment, their

debts in this country. A warning is given them to buckle on their

armor; their good disposition towards us is not only changed, but

embittered, and the very persons who, in the one case, might possibly

prevent a war, or be instrumental in effecting the restoration of

peace, would, in the other, probably be among the most willing to

rush into the contest, from the impulse of temper, and from the

conviction that their own circumstances would not be deteriorated by

its consequences.

A non-intercourse would also be attended with great hazard and

disadvantage. It would be as well understood by others as by ourselves;

it could alone be considered as the precursor of war; and the blow

would be struck, not when we were prepared, but when our opponents were

ready for the contest; and should this bill go into operation, it is

very possible that during the ensuing summer, some of our cities may

exhibit heaps of ruins and of ashes, before expresses could convene at

the seat of Government even the heads of our departments.

Another evil would arise, and that a permanent one; whether a

non-intercourse eventuated in war or peace, it would materially and

adversely affect both the habits of the people and the revenue of the

State. Many of the articles which are now imported from Great Britain

are indispensable for our comfort, and some of them for our existence.

The people cannot do without them: the consequence must be, that,

instead of being regularly imported, the articles will be smuggled into

this country, and thereby the price not only becomes greatly enhanced

to the consumer, but the duties are wholly lost to the Government.

Hitherto, the revenue of the United States, arising from impost, has

been collected with a degree of integrity and punctuality highly

honorable and unexampled in the history of commercial nations. This

successful collection of duties has not however been effected by the

employment of swarms of revenue officers, spies, and informers, as in

other countries; it has been infinitely more effectually secured, by

an honorable pride of character, and that sentiment of affection which

was naturally excited in the hearts of freemen towards the Government

of their choice, and a Government under which, in the main, they have

experienced much prosperity. But barriers of this description, like

other high-toned sentiments of the mind, being once broken down, can

with difficulty be restored, and the chance of materially impairing

this, in reality, "cheap defence of nations," should, in my opinion, of

itself, afford a sufficient reason for the rejection of all measures of

doubtful policy.

In a country nearly surrounded by, and everywhere intersected with

navigable waters, encompassed by a frontier beyond the ability of ten

Bonapartean armies to guard, and inhabited by a race of men unrivalled

for hardihood and enterprise, and at present in a state of poverty, the

temptation of great prices will be irresistible--for there is no truism

in morals or philosophy better established than the commercial axiom,

that demand will ultimately furnish a supply.

There are, undoubtedly, periods in the history of a nation, in

which a contest would be both honorable and indispensable, but it

should ever be the result of great deliberation, and in an extended

republic, perhaps, of necessity. That government is most wise and most

patriotic, which so conducts the affairs of the nation over which it

presides, as to produce the greatest ultimate good; and when a nation

is attacked at the same time by two assailants, it is no reflection on

its honor or its bravery, to select its opponent; and on principles of

reciprocity, independently of those of interest, the first aggressor

would undoubtedly be entitled to the first notice.

Who then has been the first aggressor? I answer, France. The Berlin

Decree is in a great measure the cause of our present difficulties.

In justification of France in doing this, I know gentlemen resort to

the convention between Russia and Great Britain in 1793, to prohibit

a supply of grain to France; but this is by no means sufficient

justification to France, even without referring to a decree to the same

effect issued in May of the same year by France, while she was ignorant

of the secret stipulation between Russia and Great Britain.

For a long period, and among most of the maritime nations of Europe,

the right of inhibiting a supply of provisions to an enemy, was tacitly

acquiesced in, or expressly admitted. This practice existed even

so long ago as the Mithridatic war, and has probably been followed

up, without an interval at any one time of fifty years, from the

commencement of the Christian era to the present day. This attempt,

therefore, of Great Britain to injure France, formed no excuse for

France to attempt to injure Great Britain by violating the commerce of

the United States.

On the 31st of December, 1806, the British Government formally

notified the American Government, that Great Britain would consider an

acquiescence in the Berlin Decree on the part of neutral nations, as

giving to her (Great Britain) the right to retaliate in the same way

against France.

Had the American Government, at this period, manfully and explicitly

made known its determination to support our rights at all hazards, I

have no belief that our present difficulties would ever have existed.

In May succeeding, advices were received of French privateers, under

this decree, depredating upon American vessels in the West Indies; and

during the same month the ship Horizon, in distress, was thrown by the

act of God on the French coast, and was seized under the same authority.

In November, 1807, the British, in conformity with their notice,

issued their retaliating order. A prior Order in Council of January,

1807, had been issued, but this only affected vessels trading between

different ports of France, or between ports of France and her allies;

a trade always obnoxious to suspicion, and one which during war must

ever be expected in a great degree to be restricted, and which is also

interdicted by a standing law of the French Government, passed in 1778,

and confirmed by the present Emperor.

Then followed in succession, on the part of France, the Milan and

Bayonne decrees. The last of which dooms an American vessel to

condemnation from the exercise of a right universally acknowledged to

belong to belligerents, and one which the neutral has no possibility of

preventing, that of being spoken with by an enemy cruiser, which from

her superior sailing there was no possibility of avoiding. In point of

principle, this is the most outrageous violation of neutral rights ever

known, and this, too, took place under the existence of a treaty made

within a few years by the same person who issued these very decrees.

While with Great Britain we have no treaty, and whose orders are

expressly bottomed upon and limited in duration by the French decrees,

and issued after having given twelve months' notice of her intention to

oppose them in this way, and the Orders in Council are even as yet not

co-extensive in principle with the French decrees.

I have, in taking this brief view, confined myself exclusively to the

decrees and orders of the two Governments, without adverting to other

causes of complaint on either side. I consider myself as warranted in

doing this, from the American Government having explicitly taken this

ground, and made known that, on the removal of the decrees and orders,

it would, on our part, remove the embargo, and restore the accustomed

intercourse between the two countries.

From this consideration of the subject, it irresistibly follows, that

France was the first aggressor on us, in issuing her decrees--that in

point of principle, they are much more outrageous violations of right

than the British Orders in Council--that the latter originate from, and

co-exist only with the former, and that France should of consequence be

the first object of our vengeance.

The effects of a war with one or the other nation, would be as

distinctly perceptible. With France it would make no difference to us.

For as long as she continues her decrees, commerce with her could not

be prosecuted--no man would be mad enough while her coast is lined,

and the ocean covered with British cruisers, to send his vessel to

France, where she would meet with certain condemnation for being even

seen and spoken with by a British frigate. With France, therefore,

the actual difference arising from passing this bill, and declaring a

non-intercourse, would be next to nothing.

With Great Britain the effects would be reversed. No one now doubts

her ability or disposition to carry her orders into effect, nor her

preparation to extend the theatre of war. If we commenced war upon

France, as she would be the common enemy of both nations, there is

no doubt in my mind that our differences with Great Britain would be

favorably settled, that the commerce of the world, excepting as it

respects France and her allies, would be again open to us, and that

a trade, which has hitherto employed nearly seventy millions of our

capital, might be again accessible to the industry and enterprise of

our citizens.

Reverse this picture, admitting that you have a war with Great Britain,

what will be its consequences? If your citizens are united, you can

capture Canada, Nova Scotia, and New Brunswick; when you have effected

this, what remains next to be done? You have reached the _ne plus

ultra_ of your ability. Thenceforward your ports are hermetically

sealed. Privateering, from the convoy system adopted by Great Britain,

could not be successfully prosecuted; no food for enterprise remains,

and thus you would remain, five, ten, or fifteen years, as the case

might be, until the wisdom and good sense of the nation predominated

over its passion, when an accommodation would be made with Great

Britain, following her example with regard to her West India conquests,

restoring the captured provinces, enriched by American population and

industry, and giving us perhaps a treaty still less favorable than the

much execrated instrument of 1794, which, bad as it was said to be, has

proved a _cornucopia_ of wealth to our country, if it produced nothing

less than a thirteen years' peace, and which, to my view, is vastly

preferable to its abortive successor of the year eighteen hundred and

six.

The question was now taken on the passage of the bill, and determined

in the affirmative--yeas 21, nays 12, as follows:

YEAS.--Messrs. Anderson, Condit, Franklin, Gaillard, Giles,

Gregg, Howland, Kitchel, Leib, Mathewson, Meigs, Milledge,

Mitchill, Moore, Pope, Robinson, Smith of Maryland, Smith of

New York, Smith of Tennessee, Thruston, and Tiffin.

NAYS.--Messrs. Bayard, Crawford, Gilman, Goodrich, Hillhouse,

Lloyd, Parker, Pickering, Reed, Sumter, Turner, and White.

So it was resolved that this bill pass, and that the title thereof be,

"An act to interdict the commercial intercourse between the United

States and Great Britain and France, and their dependencies, and for

other purposes."

FRIDAY, February 24.

_Additional Duties._

The bill, entitled "An act for imposing additional duties upon all

goods, wares, and merchandise, imported from any foreign port or

place," was read the third time as amended.

Mr. LLOYD moved to postpone the further consideration of this bill

until the first Monday in June next; and addressed the chair as follows:

Mr. President: After the observations which I have before made, sir,

on this bill, and the detailed consideration which was given to it

yesterday, I should not again rise, were the subject not a commercial,

and an exceedingly important one; nor is it now my intention to make

more than a few remarks, and these the Senate will probably think

entitled to more than usual respect, when I inform them they will

principally be, neither my own, nor wholly accordant with my opinions.

This bill can only be advocated upon the ground that a war is about

to ensue, and that, to prepare the public Treasury to sustain the

prosecution of such war, this proposed duty is necessary. My purpose

is to cite some authorities to show that neither the one nor the other

is either expected or necessary; and the authorities I shall adduce

to prove this, are those to which the Senate is accustomed to pay the

highest respect.

[Here Mr. Lloyd quoted from Mr. Gallatin's Treasury reports, to

show that he deemed loans preferable to taxes if war ensued,

and that there was revenue enough until the next winter.]

Now, sir, it is clear, from the showing even of this honorable

gentleman whose calculations are received with so much respect here,

that whether there is peace, war, or embargo, our resources are yet

abundant to carry us on, at least until the next winter; and as we are

to meet again in three months, it follows that the present undigested

project must be worse than useless.

To all this mass of evidence and authority against both the necessity

and policy of laying this duty, I have only to add a few observations

to show that it will, in its operation, be both unequal and unjust.

It is well known that permanent duties, except on their first

imposition, are paid by the consumer; but whenever duties are to be

of short duration, as in the present instance, or until the stocks of

merchandise prior to the assessment of the duty are run off, the price

does not rise in ratio with the duty, and that, of consequence, the

whole, or part of the duty, is thus much of loss to the merchant. This,

in a degree, cannot be avoided, nor is it even a subject of complaint,

where due notice has been given of the intention to lay the duty; but

if it be imposed without notice, or giving time for preparation, then

the interest of the merchant is sacrificed.

The basis of all commerce is calculation; what calculation can be found

for distant enterprises when the data are perpetually shifting? If a

merchant rests on the stability of the laws of the Government, and

sends away his vessel, and on her return finds a new duty of 50 per

cent. imposed, which, for the circumstance of it, the consumer does not

pay, his whole calculations are defeated, and he pockets a loss instead

of a profit for his industry.

Commerce is very probably as well understood in England as any where.

In that country new duties on imports are imposed with great caution;

whenever contemplated, the subject is generally a long time under

consideration, sometimes hanging over from one session to another. The

Ministry make it a point frequently to consult committees of merchants

from most of the principal seaports in the kingdom. The result is,

the subject is well considered; and, when the duties are imposed,

they are submitted to with cordiality and cheerfulness. Mr. Pitt,

in the latter part of his life, always adopted this mode. He did not

think it condescension to consult merchants on subjects with which

they were better acquainted than himself. In the early part of his

administration, I have understood, he rashly imposed some additional

and heavy duties on imported merchandise; the consequence was, the

revenue diminished, and smuggling increased. With his characteristic

vigor he determined to stop it, and lined the coast with luggers,

revenue cutters, and frigates; still the revenue did not increase.

He consulted the merchants--they told him the articles were taxed

beyond their bearing; he manfully retraced his steps, and took off the

additional duty--and immediately smuggling did not pay its cost--his

luggers, cutters, and frigates, became useless, and the revenue

advanced to its ancient standard. This is one among many memorable

instances that might be adduced to show that an unwise augmentation of

duties is very far from producing an increase of revenue.

There is another view of the subject on which I shall say a few words.

This new duty will operate as a bounty to monopolizers, forestallers,

and speculators. Gentlemen are not aware of the avidity with which

mercantile men have regarded the proceedings of this session. I am

told that, within half an hour after the question was taken, about

a fortnight since, in the other House, ten expresses started for

different parts of the United States. It is notorious that English

and West India goods, and most articles of foreign merchandise in

the United States, have been bought up by speculators; it is now in

the hands of a few persons; by passing this law, you discourage new

importations, and enable the present holders to grind the poor, by

extorting high prices for the articles they hold, from a want of

competition in the market. From all these views of the subject, and

from the sentiments I have quoted from the President, Mr. Gallatin, and

General Smith, it is apparent that this measure is unwise, unnecessary,

and impolitic.

I am unwilling, sir, to take up the time of the Senate; but, however

unavailing may be the efforts of my friends and myself, I wish to have

it recorded that I was neither ignorant of the very injurious operation

of this bill upon my constituents, nor unwilling to endeavor to prevent

it. I therefore ask the indulgence of the Senate, that the ayes and

noes may be taken when this question is decided.

And on the question, it was determined in the negative--yeas 10, nays

19, as follows:

YEAS.--Messrs. Bayard, Bradley, Gilman, Hillhouse, Lloyd,

Mitchill, Parker, Pickering, Reed, and White.

NAYS.--Messrs. Anderson, Condit, Crawford, Franklin, Gaillard,

Gregg, Howland, Kitchel, Leib, Meigs, Milledge, Moore, Pope,

Smith of Maryland, Smith of New York, Smith of Tennessee,

Sumter, Thruston, and Turner.

On motion, by Mr. SMITH, of Maryland, the further consideration of the

bill was postponed to Monday next.

FRIDAY, March 3.

A message from the House of Representatives informed the Senate that

the House disagree to the first and fourth amendment of the Senate

to the bill, entitled "An act further to amend the several acts for

the establishment and regulation of the Treasury, War, and Navy

Departments, and making appropriations for the support of the Military

Establishment and the Navy of the United States for the year 1809;" and

they agree to the other amendments to the said bill.

_Oath of Office to the President elect._

The PRESIDENT communicated to the Senate the following letter from the

President elect of the United States:

CITY OF WASHINGTON, March 2, 1809.

SIR: I beg leave, through you, to inform the honorable the

Senate of the United States, that I propose to take the oath

which the constitution prescribes to the President of the

United States, before he enters on the execution of his office,

on Saturday the 4th instant, at twelve o'clock, in the Chamber

of the House of Representatives.

I have the honor to be, with the greatest respect, sir, your

most obedient and most humble servant,

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