The bill was twice read; and

Mr. POINDEXTER observed, that as the bill must stand or fall on its

principle, and could not want amendment, he should wish to dispense

with the usual course of reference to a Committee of the Whole, and

that it should be engrossed for a third reading.

Mr. TROUP hoped the House would not be precipitated unadvisedly into a

decision of a question of this kind; that they would not break in upon

a system which had served them so well without maturely deliberating

upon it. The ordinance for the government of the Territories he

considered as constitutional law, and it should be viewed and treated

with as much delicacy as the constitution of the General Government

itself. It had served them well, it had nurtured the Territories from

infancy to maturity, and he hoped the house would not innovate on the

system, but for the most substantial reasons. He therefore wished this

bill to take the course of all other business, and go to a Committee of

the Whole.

Mr. POINDEXTER said it was not his object to exclude deliberation by

his motion; as the day for its third reading might be fixed a fortnight

hence, if the gentleman from Georgia wished it. He knew the difficulty

of getting up such bills when committed to a Committee of the Whole;

he also knew that in a few days the House would be engaged in great

national concerns, which would occupy their entire attention to the

exclusion of other business of minor importance. The gentlemen seem

to think (said Mr. P.) that to leave to the Governors of Territories

of the United States powers which are fitted but for the Sovereigns

of Europe, is highly decorous; whilst I think they should be spurned

from the statute book. The gentleman is mistaken when he says that we

should view the ordinances in the same light as the constitution; they

are mere statutes. Placed by the constitution under the particular care

of Congress as the Territories are, the ordinances enacted for their

government are mere statutes, subject to the revision of Congress, as

other laws are.

Mr. PITKIN said the ordinances for the government of the Territories

had been framed with great deliberation, and should always be

considered as a compact between the General Government and its

Territories. Whether an alteration could or could not be made without

their consent, he would not undertake to say. He thought therefore in

this case the usual rule should not be violated, for it was well known

that no amendment could be received on the third reading of a bill.

Mr. TROUP said the gentleman from the Mississippi Territory had totally

mistaken his object. It was not procrastination that he wanted, but

a mature consideration of the question, whether on this day or on

this day fortnight. When he had considered the ordinance as a compact

equally sacred with the constitution of the United States, and as

unalterable without the consent of the parties to it, it was then that

he considered this a question of such great and signal importance that

he wished time for deliberation. And when he said this, he expressed

the opinion of a man than whom no man in the country was more deeply

read in its constitution--St. George Tucker--who had described it

as a compact unalterable, but with the consent of both parties. The

gentleman would take away from the Territorial Governors the power to

prorogue and dissolve the Assemblies. What would then be the state of

the Territorial Legislatures? They would (said Mr. T.) be as completely

independent of the General Government as the General Government is,

I hope, of Great Britain at this moment. Retain the qualified veto,

and take away the power to prorogue and dissolve, and what will be

the consequence? The moment a misunderstanding takes place between

the Legislature and Executive, legislation is at an end; and where

legislation ends, revolution begins, and there is an end of government.

Mr. POINDEXTER said, at the suggestion of several gentlemen, he should

consent to a reference of the bill to a committee, as he did not wish

now to hasten the discussion. But the gentleman was mistaken if he

supposed that taking away the power to prorogue, would deprive the

Governors of their veto on laws. The Governors had an unqualified veto

on the acts of the Legislature. The gentleman said, (observed Mr. P.,)

that take away the power of prorogation, and if a misunderstanding

arise between the Governor and the Legislature, there is an end of

legislation. That is now the fact. If there be any misunderstanding

between them, the Governor sends the Legislature home; and I agree

with the gentleman from Georgia, "where legislation ends, revolution

begins." In this situation, I wish to take some power from the Governor

and place it in the people, which would render the Government more

congenial to the spirit of the constitution and of the people of the

United States. But I waive discussion and consent to reference.

The bill was made the order of the day for to-morrow.

THURSDAY, November 17.

Another member, to wit, DENNIS SMELT, from Georgia, appeared, and took

his seat in the House.

_Foreign Relations._

Mr. MACON said, already had many resolutions been submitted to the

consideration of the House on the subject of our foreign relations,

and the embargo; some for a total and some for a partial repeal of

it. As none of the motions had met his entire approbation, and as he

considered this as one of the most important questions that could

come before the House, he wished to submit to the House two or three

propositions; which he wished to take a course different from that

which had been given to the others on the same subject.

I have been astonished (said Mr. M.) to see so many resolutions on the

subject of the embargo, and none contemplating its entire continuance.

Is the American nation ready to bow the neck? Are we ready to submit

to be taxed by Great Britain and France, as if we were their colonies?

Where is that spirit which for this reason separated us from the

nations of Europe? Where is that spirit which enforced a simple

resolution of the old Congress, not then binding upon the people, as

a law from Heaven? Is it extinct? Is it lost to this nation? Has the

love of gain superseded every other motive in the breasts of Americans?

Shall the majority govern, or shall a few wicked and abandoned men

drive this nation from the ground it has taken? Is it come to this,

that a law constitutionally enacted, even after a formal decision in

favor of its constitutionality, cannot be enforced? Shall the nation

give way to an opposition of a few, and those the most profligate part

of the community? I think the stand we took last year was a proper one;

and I am for taking every measure for enabling the nation to maintain

it. Just as our measure is beginning to operate, just as provisions are

becoming scarce in the West Indies and elsewhere, notwithstanding the

evasions of our law, we are called upon to repeal it. I should not have

made this motion at this time, had it not been for the petition just

presented. When I stand here, sir, charged by a part of the community

with being one of "the enemies of the people," notwithstanding I am

willing to commit the petition, treating it with that respect which I

conceive to be due from us to the prayer of any portion of the people,

I wish my sentiments on this subject to be seen.

A proclamation has been issued by one of the belligerents since the

passage of our embargo law, sir. Look at it. What says it? Clearance

or no clearance, we will receive any neutral vessel into our ports;

and, in speaking of neutrals, recollect that there is no nation in the

civilized world that has a claim to the title, except ourselves. This

proclamation then tells our citizens, "Evade the laws of your country,

and we will receive and protect you." This is the plain English of it.

If the mad powers of Europe had entered into compact to injure us as

much as they could, they could not have taken a more direct course to

it. I consider them both alike, and the measures I would take would

place them both on the same footing. I have made my resolutions as

general as possible, to give all latitude to the committee.

Mr. M. then read his resolutions as follows:

"_Resolved_, That the committee appointed on that part of the

President's Message which relates to our foreign relations, be

instructed to inquire into the expediency of excluding by law

from the ports, harbors, and waters of the United States, all

armed ships and vessels belonging to any of the belligerent

powers having in force orders or decrees violating the lawful

commerce of the United States as a nation.

"_Resolved_, That the same committee be instructed to inquire

into the expediency of prohibiting by law the admission into

the ports, harbors, and waters of the United States, any

ship or vessel belonging to or coming from any place in the

possession of any of the above-mentioned powers, and also the

importation of any goods, wares, and merchandise, the growth,

produce and manufacture of the dominions of any of the said

powers.

"_Resolved_, That the same committee be instructed to inquire

into the expediency of amending the act laying an embargo, and

the several acts supplementary and additional thereto."

On the subject of the first of these resolutions (said Mr. M.) it might

be proper to interdict the entrance of all armed vessels, although I

have confined the interdiction to the belligerents. A certain time

might be fixed on which the second should go into operation.

I have thought proper, sir, to bring forward all these resolutions

together to show my own opinion on what ought to be done. It is time

for those who think the embargo a lawful and proper measure, to come

forward and declare it. No other person having as yet thought proper

to do it, I have now done it. I believe the embargo was right; that it

was right to pass laws to enforce it; and believing this, I feel no

hesitation in avowing it. Time has been when the impressment of our

seamen was cried out against by a large majority of Congress. Now the

cry is, that we will not let them go out and be taken. For if they

go out they must be taken. Neither of the two great powers of Europe

have shown the least disposition to relax their measures; neither

I hope shall we. I believe we have but three alternatives--_war_,

_embargo_, or _submission_. The last I discard; this nation never would

submit; nor are there many people in it that would. That is out of the

question; then, the only question is, whether in the present state of

the world, the embargo or war is the best for us? Arm your merchantmen,

as has been proposed, send them out, and you have war directly? If we

are to have war, I should rather have it openly, and let the nation

know that we mean it. I am for the embargo yet. I am told flour is from

thirty to fifty dollars a barrel in the West Indies; I am also told

that wheat is fourteen shillings sterling a bushel in England. This

must have an effect, if adhered to, through Spain and Portugal. France,

if she carries her armies into that country, cannot support them. Nor

can Spain support her own armies, and at the same time those Great

Britain sends there; for where war is waged, almost all agriculture is

destroyed; and it only requires firmness in us to force them both by

this measure to acknowledge our rights. If I am mistaken in my opinion,

I wish that measure to be adopted which may best maintain our rights

and independence.

It is not the embargo which causes the pressure on the people. No, sir,

it is the orders and decrees of England and France. Take a license from

England, and you may trade, but on no other terms. Let an officer of

the British fleet visit your vessel, and France will condemn it. These

are the things which destroy commerce. The country in which I live

feels the measure as much as any; there are agriculturists, and their

crops remain unsold; and if they will do without the principal, and

resist imposition by withholding their produce, those who make a profit

by the freight of our produce, may afford to lose that profit. Can

any man tell what would be the consequence of war, in these times? In

common war some regard is had to the laws of nations by belligerents,

and they fight each other. In the present war the belligerents

disregard the laws of nations, and fight every one but one another.

Mr. QUINCY said he wished the last resolution to be separated from the

first, as the House would be committed by its adoption. Not that he

wished to avoid a discussion of that subject, for he wished for nothing

so much as that the House would permit them to go into a discussion

of the subject in Committee of the Whole. [Mr. MACON consented that

the last resolution should lie on the table.] Mr. Q. said he wished

to press a discussion on the subject of the embargo; for such was the

state of public opinion in the Northern part of the Union, that but

one general sentiment prevailed, that the embargo would be immediately

raised. Instead of postponing the subject from day to day, he only

wished it to come before the House that gentlemen might understand one

other, and put an end to the doubts that now existed.

The first and second resolutions offered by Mr. MACON were agreed to

without a division. The third was ordered to lie on the table--yeas 78.

FRIDAY, November 18.

_Territorial Governments.--Ordinance of 1787._

On motion of Mr. POINDEXTER, the House resolved itself into a Committee

of the Whole, on the bill concerning Territorial Governments.

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