NOVEMBER 29, 1809.

[No order having been taken on it, the letter lies on the table of

course.]

FRIDAY, December 1.

Two other members, to wit: from Virginia, EDWIN GRAY; and from North

Carolina, MESHACK FRANKLIN, appeared, and took their seats in the House.

_Navigation Laws._

Mr. MACON said he wished early to call the attention of the House to

two motions, the object of which he deemed to be very important. The

first of them had been formerly submitted to the House by a gentleman

from Georgia, (Mr. EARLY) but never acted on, and afterwards by a

gentleman from South Carolina, (Mr. D. R. WILLIAMS;) the other had

been presented by Mr. MACON himself at the last session, but at so

late a period that it had not been acted on. It appeared to Mr. MACON

that these motions combined with one submitted at different times by

a gentleman from Connecticut, (Mr. DANA,) would form something like

a system. The object of the first motion he was about to submit, was

to prohibit any foreign vessel from coming from any port or place to

which the vessels of the United States could not go. Gentlemen would at

once observe that there were many places whence vessels came to this

country, to which we cannot go, and would perceive the extent of the

motion. The other motion related to sea-letter vessels only. Mr. MACON

said he wished to put them out of the nation, and to have no vessels

belonging to the United States which were not perfectly American. He

would have our vessels wholly American, or they should not at all

partake of the character of American vessels.

After declaring that he considered his motions as calculated for

permanent regulations, Mr. MACON submitted the following resolutions:

_Resolved_, That the Committee of Commerce and Manufactures be

instructed to inquire into the expediency of prohibiting the

entry of any vessel into the United States from any port or

place to which a vessel of the United States is not admitted

by permanent regulation of the Government owning such port or

place by treaty.

_Resolved_, That the Committee of Commerce and Manufactures

be instructed to inquire into the expediency of authorizing

the registering anew of vessels built in the United States,

which are owned in whole by citizens of the United States,

any disability incurred by such vessel to the contrary

notwithstanding; and also into the expediency of forbidding by

law sea-letters or any custom-house documents being granted to

vessels not registered or licensed according to law, or not

owned by citizens of the United States, within a limited time

after the passing of such a law.

Mr. NEWTON having seconded these motions, Mr. MACON moved to refer them

to the Committee of Commerce and Manufactures.

Mr. DANA observed that these resolutions had in view merely an

investigation by the Committee of Commerce and Manufactures into

the subject of them. On such a question it was but necessary to ask

whether the subject be of itself interesting, and whether or not

the proposition bears on the face of it so much of probability and

propriety that there could be no objection to it on the score of its

being utterly inadmissible. Unless, therefore, the propositions were

utterly inadmissible, if they related to a subject interesting to the

nation in time of peace as well as of war, if they had a connection

with one great branch of national policy, there could be no objection

to have them investigated by a committee. Without expressing any

opinion on the first proposition, which embraced a variety of important

considerations, Mr. D. said that the motions were recommended to

the House by their being founded on permanent principles, to which

the nation may adhere in every alternative; and in addition to the

attention due to them because they were of a permanent character and

not merely temporary expedients, they might contribute to some of those

measures of temporary policy deemed proper, and without a possibility

of thwarting, might perhaps aid any project the Government might adopt.

As to the second resolution, that he considered important in another

point of view, as tending to encourage American manufactures. If

there be any manufacture which requires great precision of science

and experimental skill, any one which embraces more of the profound

and elevated principles of science, and requires more dexterity in

practical execution than any other, it is the constructing of ships.

With these ideas, which Mr. Dana said were not applicable to the merits

of the proposition, but to the question of reference, he should vote

for referring them. He was extremely glad the motions had been brought

forward, and particularly that they had been introduced by a gentleman

so well qualified to sustain them, by his character and talents.

The motion for referring Mr. MACON'S propositions was carried.

[The following gentlemen compose this committee: Messrs. TALLMADGE,

CLAY, BUTLER, REA of Pennsylvania, WEAKLEY, HALE, TURNER.]

7. _Resolved_, That so much of the Message of the President of the

United States as relates to the finances of the United States, be

referred to the Committee of Ways and Means.

8. _Resolved_, That so much of the Message of the President of the

United States as relates to the fortifications of the ports and harbors

of the United States, be referred to a select committee.

[This committee is composed of the following gentlemen: Messrs.

CLOPTON, JOHN PORTER, EMOTT, MCKIM, GARDNER, MCBRYDE, and WITHERSPOON.]

MONDAY, December 4.

Several other members to wit: from Maryland, ALEXANDER MCKIM; from

North Carolina, THOMAS KENAN; from South Carolina, ROBERT WITHERSPOON;

from Kentucky, HENRY CRIST; and from Georgia, WILLIAM W. BIBB,

appeared, and took their seats in the House.

_Committee of Manufactures._

Mr. SAWYER asked leave to lay upon the table the following resolution,

of a nature similar to one which he had proposed at the last session,

which, from the shortness of the session, he presumed, rather than from

any unfriendly disposition, never had been acted on:

_Resolved_, That a standing committee be appointed, to be

called the Committee of Manufactures, whose duty it shall be

to take into consideration all such petitions, matters, and

things, touching manufactures, as shall be presented, or shall

or may come in question and be referred to them by the House,

and to report, from time to time, their opinion thereon.

Mr. S. said it was certainly too much to expect any one committee to

do justice to two such important subjects, becoming daily more so, as

those of commerce and manufactures. He wished to have employed on the

subject of manufactures the undivided energies of the best talents of

the House; he hoped that all the rays of patriotism and genius in the

House would be directed to this subject as to a focal point at which

they should all converge. How could one committee properly attend to

the mass of business before the Committee of Commerce and Manufactures?

The subject confided to them could not be acted on, and yet important

matters were continually dropping into this gulf of oblivion. This

committee, however, did all that could be expected of them; he did not

believe that any member of it was hostile to manufactures; he could

answer for the chairman, (Mr. NEWTON,) whom he knew to be friendly to

manufactures, both from precept and example. It was because it was

impossible for the committee to attend to all the business before it,

that he offered the resolution.

Mr. S.'s motion lies on the table one day, of course, according to the

rules of the House.

_Violations of Neutral Rights._

Mr. TROUP begged leave to submit to the consideration of the House

several resolutions, which had for their object the vindication of the

commercial rights of the United States against the belligerent nations

of Europe. He submitted them at this time with less reluctance, because

the introduction of them was in nowise inconsistent with the most

friendly negotiation which might be pending with foreign Governments.

It is high time, said Mr. T., in my opinion, that these commercial

rights were either vindicated or abandoned. The remnant of commerce,

which the joint operation of the belligerent decrees has left to us, is

scarcely worth carrying on. To designate what this little is, would be

no difficult matter, but it would be superfluous; every one who hears

me understands it.

But, it would be well to inquire, on what principle the belligerents

pretend to justify these commercial restrictions? The avowed principle

is retaliation, but is it the true principle? Unquestionably not. And

why? Because it is equally asserted by both belligerents. Both cannot

be retaliators; one must be the aggressor, the other the retaliator. If

this principle, then, be equally urged by both, who is to judge between

them? If the alleged principle of retaliation be not the true one,

what is? As respects France, the true principle of her decrees is to

be sought in the policy of embarrassing England by excluding from the

continent British merchandise; and as to Great Britain, the principle

of her Orders in Council may be found in the consideration of her

interest and her power. She avowedly contends that it is her interest

to engross the commerce of the world; that she has the power to engross

it, and, therefore, she will engross it.

But, what are the principles more specifically asserted by Great

Britain? First, the right of blockade by proclamation; second, the

right to turn your vessels into her ports to pay duty and take out

a license. This right of blockading by proclamation is not a right

growing out of a state of war; it is no belligerent right; it is a

pretension, as applicable to a state of peace as to a state of war,

and if we submit to it in a state of war, we must submit to it in

a state of peace. The only principle of blockade which we recognize

is that which gives to belligerents a right to turn from ports so

closely invested as to make the entry of them dangerous, and after

due warning, vessels bound to them. But the right asserted by Great

Britain to blockade by a piece of parchment or paper, issued from her

Council Chamber, a port or ports, a kingdom or kingdoms, a continent

or continents, is a right no more relative to a state of war than to a

state of peace; and, if we submit to the pretension in a state of war,

we must equally submit to it in a state of peace. It is founded on the

most arbitrary tyranny, it goes to the annihilation of your commerce.

As to the other right, of forcing our vessels into her ports, to pay

duty and take out license, this is equally applicable to a state of

peace as to a state of war. We acknowledge the right of Great Britain,

or any other nation, to shut her ports against us, provided there be no

treaty stipulation to the contrary. But the right of Great Britain or

of France to shut the ports of any other nation against us is a right

no more appertaining to a belligerent than to a neutral. If we submit

to it in war, we must equally submit in peace; and this right, like

the other, is founded in the most arbitrary tyranny. What right has

Britain to tyrannize on the ocean, and prescribe limits to our trade?

She will not permit to us a trade which she cannot herself enjoy; she

prohibits to us a trade which our Government permits, because it is her

interest to monopolize it. It is equally our interest to monopolize,

and, therefore, if you please, sir, we will prohibit the trade which

her Government permits, and which it is our interest to monopolize.

If Great Britain can rightly prohibit our trade, because it is her

interest to prohibit it, have we not the right to prohibit her trade

for the same reason? If she, with right and justice, can stop and

seize, and confiscate our vessels because they attempt a trade which

she forbids, and only because she forbids it, cannot our Government do

the same in relation to her trade? If she can turn our vessels into her

ports to pay duty and take out license, what prohibits us from doing

the same as to her vessels? England is a nation, so are we. England

is independent, so are we. What prohibits us from doing to England

what England does to us? Unquestionably nothing. To say that we have

no right to do to England what England does to us, is to acknowledge

our own inferiority; it is to acknowledge that she may demand without

limitation, and that we are under obligation to submit without

limitation.

I am aware that it may be objected to the resolutions that the adoption

of them would lead to hostility: but the same objection is equally

applicable to any resolution which would go to the vindication of

our commercial rights. They ought not to lead to hostility; they are

merely retaliatory. They follow the spirit of the British Orders in

Council and French decrees, and therefore cannot be complained of by

either power. There is a great and profitable commerce, and rapidly

increasing, passing not indeed before our doors, but near enough to

make the capture of vessels engaged in it convenient to us, which the

resolutions have chiefly in view. I allude to the Brazil and Spanish

Main trade.

Is it not matter of surprise that a commerce so profitable, so

extensive, and so convenient, should have been permitted to a

Government which permits no commerce to us but what her convenience and

her interest suggest? Is it not strange that we should have suffered

that Government to participate in a commerce which both our interest

and our convenience stimulate us to engross? But, above all, is it

not inexplicable that we should passively have suffered the monopoly

of it by her, when we ourselves were willing and able to engross it?

The House will perceive, on the face of the resolutions, that, as

they regard France, they are equivalent to a war measure--neither by

a war measure, nor by that which I have the honor to submit, can we

come in contact with France; she has no commerce on the ocean. In

relation to England it is short, infinitely short, of war; because by

war her Continental Colonies would fall; her West India Islands would

be distressed, and our privateers would cut up her commerce; but the

resolutions propose merely to retort the evils of her own injustice, to

do to her what, and no more than what, she has done to us. Reserving

for another occasion any further remarks, I beg leave to read the

resolutions to the House.

Mr. T. then read the following resolutions:

_Resolved_, That it is expedient to authorize the President

by law to instruct the commanders of the armed vessels of the

United States to stop and bring into the ports of the same

all ships or vessels with their cargoes, the property of the

subjects of the King of Great Britain and of the Emperor of

France, bound to ports other than those within the dominions or

colonies of either.

_Resolved_, That it is expedient further to authorize by law

the detention of all ships or vessels, with their cargoes,

the property of the subjects of the King of Great Britain,

until the duties to be regulated and ascertained by law shall

be first levied and collected upon the goods and merchandise

whereof the said ships or vessels shall be laden, and until the

said ships or vessels shall have received due license to depart.

_Resolved_, That it is expedient further to authorize by law

the detention of all ships or vessels, with their cargoes, the

property of the subjects of the Emperor of France, brought

within the ports of the United States, there to abide the final

decision or order of the Government in relation to the same.

_Resolved_, That an ad valorem duty of ---- be levied and

collected on all the goods, wares, or merchandise, of British

product or manufacture.

_Resolved_, That it is expedient further to authorize the

President, on payment of the duties authorized to be levied

and collected on the goods laden on board vessels the property

of the subjects of the King of Great Britain, forthwith to

grant a license to such vessels to depart and to proceed to

the port of original destination without further hindrance or

molestation.

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16) · 第 78 / 377 题