AMENDMENT TO THE CONSTITUTION.

Mr. WRIGHT.--Believing, as I do, that the Constitution of the United

States is not perfect, and as provision is made in the body of the

instrument for amending its imperfections in the manner therein

prescribed, I feel it an imperious duty to propose an amendment to

it. Here let me remark, that its adoption was opposed by the patriots

of America, at the time of its ratification, because of omissions

important to liberty. It had not guarded against an establishment of

religion; it had not secured the right of the people to keep and bear

arms; it had not guarded against soldiers being quartered in our houses

in time of peace, without our consent, it had not guarded against

warrants being issued without oath; it had not guarded against a man's

being put to answer without previous indictment; it had not secured the

criminal in the trial by jury; it had not secured the trial by jury in

cases of common law, and these omissions as due guards to the liberty

of the citizens stand recorded in these amendments almost coeval with

the instrument. The terms Federal and anti-Federal had their origin in

the zeal of the respective parties at that time; the one insisting on

its adoption with all these imperfections on its head, while the other

insisted on these amendments; and it has always appeared to me, that on

the adoption of the amendments that those who were called anti-Federals

were really the Federals, the constitution being perfected by the

adoption of these amendments. The foregoing amendments test its

original imperfection, and I trust will lead this House to a temperate

examination of the amendment I now propose to submit.

The amendment, sir, is to place the judiciary of the United States on

the same foundation that the British judiciary are placed by their

laws; by enabling the President, on the joint address of the Senate and

House of Representatives of the United States, to remove a judge.

In England the judges held their commissions during the pleasure of the

Crown, till the time of Charles the First, when the Parliament imposed

upon the King the necessity of granting them during good behavior;

till then the Crown, as the fountain of justice, held the uncontrolled

direction of the commissions of the judges. At the same time, sir,

the High Commission Court and Star Chamber were abolished. In the

thirteenth year of William the Third, the judges, by statute, were to

hold their commissions during good behavior, and by the same statute

they may be removed by the joint address of both Houses of Parliament;

and here let me remark, that under that tenure and responsibility,

the British judiciary have attained a celebrity in history for their

judicial integrity and correctness highly honorable to them, and which

this amendment, I fondly hope, in time, may correctly attach to the

judiciary of the United States. There are a variety of cases where the

exercise of this power may be necessary for the safety of the people,

which ought to be the supreme law. This power, I trust, will never

be abused by the American Congress. I do not recollect a case under

the British Government, where for fifty years it has been exercised,

and I trust we shall not ascribe to ourselves an indisposition to

the correct discharge of those functions which have been correctly

exercised or rather not exercised at all for fifty years by the

British Government. If in England, where the Crown is hereditary, the

Lords hereditary and for life, and the Commons for seven years, this

tenure and responsibility has been found necessary, I trust in this

Government, where the President is for four years, the Senate for six,

and the House of Representatives for two years, this judicial tenure

and responsibility will be thought expedient, and that this amendment

will be adopted by Congress, particularly as it is but a preliminary

decision--as it must be submitted to the States, and cannot go into

operation but by the consent of three-fourths of the United States.

I have therefore thought fit to submit this resolution, and hope the

reasons assigned will induce you to believe that I think it of such

importance to the nation as to entitle it to your attention.

Mr. W. then submitted the following resolutions:

_Resolved by the Senate and House of Representatives of the

United States of America, in Congress assembled, two-thirds

of both Houses concurring_, That the following section

be submitted to the Legislatures of the several States,

which, when ratified by the Legislatures of three-fourths

of the States, shall be valid and binding as a part of the

Constitution of the United States:

_Resolved_, That the judges, both of the Supreme and Inferior

Courts, may be removed from office on the joint address of the

Senate and House of Representatives of the United States.

The House refused to consider the motion--45 to 38.

WEDNESDAY, January 30.

_Jared Shattuck's Claim._

The House resolved itself into a committee of the Whole on the report

of the Committee of Claims on the petition of Jared Shattuck--59 to 29.

The report is favorable to the claimant--a bill for the relief of this

person having in two former sessions passed this House, but not been

acceded to in the Senate.

Mr. MONTGOMERY, in a speech of some length, opposed the claim, and

moved that the committee rise, with a view to printing the papers

relating to the claim, which he conceived was not fully understood.

This motion was debated, and lost--56 to 43.

The report was also debated, and agreed to--57 to 39.

The committee then rose and reported their agreement to the report.

THURSDAY, January 31.

Another member, to wit, from Massachusetts, ORCHARD COOK, appeared, and

took his seat.

_Mississippi Territory._

The House resolved itself into a Committee of the Whole, on the report

of the select committee in favor of admitting the Mississippi Territory

into the Union on an equal footing with the original States.

A desultory debate of two or three hours took place on the resolution.

Messrs. POINDEXTER, JOHNSON, GHOLSON, MCKIM, SHEFFEY, HOLLAND, and

WRIGHT, spoke in favor of the resolution, and Messrs. BACON, PITKIN,

QUINCY, BIGELOW, and BLAISDELL, against it. The arguments in favor

of its passage were, among others, that the territory could, when

possessing a population of 60,000, claim admission as a right; that it

now contained probably 45,000, and would, more than probably, before

a Representative could be elected under the new constitution, contain

full 60,000 souls; that, after admitting Orleans to the rank of a

State, with a minor population, at the present session, it would be the

height of injustice to refuse the same privilege to Mississippi, which

had been so much longer a part of the united territory, and against the

admission of which into the Union none of the constitutional objections

had weight which had been urged against the admission of Orleans. The

opponents of the resolution argued that some respect was due to the

feelings, however grounded, of the eastern States, in relation to the

creation of new States on the western waters; that the admission of one

State during a session was sufficient; if two were admitted into the

Union, in the course of three months, the people of the eastern States

would be justly alarmed at the diminution of their relative weight in

the scale of the Union; that, since it was acknowledged the new State

could not be represented before the thirteenth Congress, there could

be no occasion for pressing this subject so urgently at this time.

Why not, it was asked, wait for the actual census of the territory?

The very solicitude which was manifested to get this subject through

Congress, it was said, showed there was something wrong, and was a

strong argument against the adoption of the resolution.

The resolution was agreed to in Committee of the Whole--ayes 62.

The committee rose, and reported their agreement to the resolution.

The question was then taken to concur with the Committee of the

Whole in their agreement to the said resolution, and resolved in the

affirmative--yeas 68, nays 47.

FRIDAY, February 1.

_Commercial Intercourse._

The House went into Committee of the Whole on the following bill

reported by the Committee of Foreign Relations:

A bill supplementary to the act, entitled "An act concerning

the commercial intercourse between the United States and

Great Britain and France, and their dependencies, and for

other purposes."

_Be it enacted, &c._, That no vessel _owned wholly by a citizen

or citizens of the United States, which shall have departed

from a British port prior to the second day of February, one

thousand eight hundred and eleven, and no merchandise owned

wholly by a citizen or citizens of the United States, imported

in such vessel_, shall be liable to seizure or forfeiture,

on account of any infraction or presumed infraction of the

provisions of the act to which this act is a supplement.

Mr. EMOTT moved to amend the same by striking out the words in

_italic_, and to insert in their place, "or merchandise." The bill, as

amended, would read as follows:

"That no vessel or merchandise shall be liable to seizure

or forfeiture on account of any infraction, or presumed

infraction, of the provisions of the act to which this act is a

supplement."

Mr. EMOTT.--Mr. Chairman: As the bill which is now on your table is

calculated to relieve our merchants in part from the restrictive system

which has again been attempted to be put in operation, I so far approve

of it; but as it does not appear to me to go far enough, I rise for

the purpose of moving an amendment, which, if adopted, will once more

give us a clear deck; and while I am up, the committee will permit me,

as concisely as the nature of the subject will admit, to assign the

reasons which induce me to propose the amendment.

By the law of the first of May last, the President was authorized,

in case either of the great belligerents, before the third of March,

revoked her anti-neutral edicts, to proclaim the same, and if the other

did not in three months also revoke, a non-intercourse with her was to

follow. On the second day of November, the President had proclaimed, as

a fact, that France had made the necessary revocation; and it follows,

if he was correct as to the fact, that on the second day of this month,

the non-intercourse went into operation against Great Britain.

As many formerly, and more latterly, have doubted as to the fact thus

proclaimed, it becomes, sir, a duty which we owe to ourselves and to

the people, to inquire into its existence; for if it be true that no

such repeal, as was contemplated by the law, has taken place; if,

indeed, the President has been deceived, or was mistaken, we cannot

too soon make it known, and relieve the country from the vexation and

embarrassment which must result from the present state of things.

If, sir, additional motives were necessary, we may find them in the

bills which have this morning been introduced into the House by the

chairman of the Committee of Ways and Means, at the instance of the

Secretary of the Treasury, one of which goes to lay large additional

duties, and the other to authorize a loan. The reasons assigned by the

Secretary for this new and heavy tax on our citizens are, that as the

greater part of our duties on imports are collected on goods coming

from Great Britain and her colonies, and as those duties will cease

with the revival of the non-importation, it becomes necessary, in order

to prevent a defalcation in the revenue, to tax the production of other

countries much beyond the present rate. On this presumed defalcation,

too, in some degree depends the proposition for a loan, or, if a loan

be necessary, the amount of it. In this point of view, it becomes

highly important to ascertain whether the non-intercourse has gone into

operation; for if it has not, I trust we shall not proceed to give form

and shape to the recommendation of the Secretary, that we shall not

burden the country with new taxes, or subject it to large loans.

In the commencement of this inquiry, Mr. Chairman, we naturally ask

ourselves, what edicts are to be revoked, and how are they to be

revoked? It is not material to extend this inquiry to Great Britain,

as we know of no revocation on her part, and, under all circumstances,

we have not, I fear, much reason to believe that there will be such

revocation. But it may be well to notice here something which has the

appearance of inconsistency, on the part of our Executive, towards that

Government.

The non-intercourse law of March, 1809, contains a provision, that,

"in case either France or Great Britain shall so revoke or modify her

edicts, as that they shall cease to violate the neutral commerce of the

United States," the President shall declare the same by proclamation,

and the non-intercourse was then to cease as to the nation revoking.

It was under this law, and in consequence of the power so given to the

President, that the celebrated, though ill-fated arrangement, was made

between the Executive and the British Minister, Mr. Erskine. Now, sir,

by referring to this arrangement, you will find, that on April 18, Mr.

Erskine proposed to Secretary Smith the revocation of the orders in

council of January and November, 1807, as a compliance on the part of

Great Britain with the terms of the act of March; and our Secretary,

on the same day, declaring that the withdrawing of such orders would

be deemed satisfactory by the President, the arrangement was completed

on the 19th, and a proclamation accordingly issued on the ground, and

assuming the fact, that the British edicts had ceased to violate our

neutral commerce, and again opening the intercourse between the two

countries after the 10th of June.

This arrangement, and the short and hasty correspondence connected

with it, you will recollect, sir, were presented to Congress with the

Message, at the opening of the summer session of 1809, and we then

passed a law, the object of which was to ratify and to carry into

effect the arrangement. Here, then, we have an explicit opinion from

both the Executive and the Legislature, that the only British orders

which came within the spirit and intent of the law of March, were

those of January and November 1807, and that, when those orders were

revoked, the edicts of Great Britain ceased to violate the commerce of

the United States.

I pray you now, Mr. Chairman, to turn with me to the law of May last;

you will there find the precise phraseology of the act of March: "In

case either Great Britain or France shall so revoke or modify her

edicts, as that they shall cease to violate the neutral commerce

of the United States," the President is to make known the fact by

proclamation. The authority given to the President is in both cases

the same, and it was to have been presumed that it would have been

exercised on the same terms. But, sir, it will be found, on referring

to the papers, that, under the act of May, the Executive made a further

requisition. The revocation of the orders in council of January and

November was not to satisfy us, but the blockade of the year preceding

was to be also annulled.

In the letter from Secretary Smith to our Minister at London, of the

5th of July, 1810, and which enclosed a copy of the law of May, it is

said, "that in explaining the extent of the repeal which is required

on the British side, Mr. Pinkney will let it be distinctly understood,

that it must necessarily include an annulment of the blockade of 1806;"

and our minister accordingly, in his letter to Lord Wellesley, of the

21st of September, tells him it is his duty to state "that an annulment

of the blockade of May, 1806, is considered by the President to be

as indispensable, in the view of the act, as the revocation of the

British orders in council." Nay, so far has the President gone in this

particular as to give the French Government a pledge that this will be

required on the part of Great Britain. In the letter from Secretary

Smith to General Armstrong, of the 5th of July, 1810, the latter is

authorized, if it should be found necessary, to "let it be understood

that a repeal of the illegal blockades of a date prior to the Berlin

decree, namely, that of May, 1806, will be included in the condition

required of Great Britain."

It is not my intention at this time, to enter into a discussion on the

subject of blockades, nor am I to be understood as giving countenance

to the system of paper blockades, whether that system proceeds from

or is attempted to be enforced by England or by France; but, sir, I

have gone into this examination to show that the President has acted

differently under two laws which ought to have the same practical

construction, because the terms used in them were alike; that under

the law of May, 1810, he added a condition to a settlement with Great

Britain, which he did not require under the law of March, 1809; and why

this difference?

Will it be said, that when the arrangement was made with Mr. Erskine

the President had no knowledge of the blockading orders of May,

1806? Not so, sir. By recurring to a report made by Mr. Madison, as

Secretary of State, in December, 1808, of belligerent decrees and

orders affecting neutral commerce, you will find this very blockade;

and certainly what he knew as Secretary in December, he must have known

as President in the April following. Shall I be told the President had

discovered that the blockade had been "avowed to be comprehended in,

and identified with, the orders in council?" I fear this will not be a

satisfactory answer. For, in this case, if the orders in council are

rescinded, the connection between them and the blockade will then stand

as it was supposed by the Executive to stand when the arrangement was

entered into.

Persons, Mr. Chairman, more prone to jealousy than myself, and who

are disposed to find fault with the late Executive projects, may

perhaps point to that passage in the letter from Secretary Smith

to Mr. Pinkney, of the 22d of May, 1810, in which it is said, that

the President has read, with surprise and regret, the reply of Lord

Wellesley to the note requiring explanations with respect to the

blockade of France, which "evinces an inflexible determination to

persevere in the system of blockade," as affording a reason for

this added condition: they may say that it was thrust in when our

Administration were satisfied that it would not be acceded to by the

British, and for the purpose of preventing an accommodation with, and

keeping up the irritation against, that nation. But while, for myself,

I disclaim this inference, I must confess that I am at a loss to assign

a sufficient motive for the difference in the two cases.

As to France, sir, what were the edicts to be revoked, and how revoked?

I shall have occasion, before I sit down, to notice the Berlin and

Milan decrees. But were there not other decrees?

We have before us the Rambouillet decree, with a date of the 23d

of March, 1810, which declares that "all vessels navigating under

the flag of the United States, or possessed in whole or in part by a

citizen or subject of that power, which, counting from the 20th of

May, 1809, have entered, or shall enter into the ports of our Empire,

of our colonies, or of the countries occupied by our arms, shall be

seized, and the product of the sales shall be deposited in the surplus

fund." Thus embracing almost the whole of continental Europe; for,

with the exception of the Russian ports on the Baltic, and two or

three places in the European peninsula, every port frequented by the

Americans belonged either to the Empire of France, to the colonies of

that Empire, or to countries occupied by the forces of the Empire. The

seizures under this decree were consequently great and distressing to

our merchants.

This decree purports to be an act of reprisal on this country, and for

what cause? Not for any act of hostility by us; not for any seizures or

confiscations of French vessels or French property under the authority,

or within the limits of this Government. No, sir, a pretence of this

kind appeared too absurd to be inserted even in a French decree. It

is true that General Armstrong, in his letter to Secretary Smith,

of the 10th of September, 1810, communicates a verbal explanation

which accompanied the last letter of the French Minister: "If you

confiscate French property under the law of non-intercourse, they will

confiscate your property under their decree of Rambouillet." Ay, sir,

and they have given a practical explanation that they would confiscate

our property under the decree, although we did not confiscate their

property under the non-intercourse law. Look at the decree itself,

and you will find the motive, or rather the pretext for this act of

reprisal. It is grounded on the passing of the act of the 1st of March,

1809, and it is grounded on that alone.

Thus, because we deemed it advisable to pass a law which we supposed

was a mere municipal regulation, inasmuch as it related to our own

citizens, or our own territories; a law, which, according to its

letter, applied equally to both belligerents, and which was not to

commence its operation until the 20th of May, contained in itself a

notice sufficient to prevent any injury to French subjects; for this

cause, and for this alone, the Emperor adopts, as an act of reprisal,

a decree which subjects to seizure and confiscation, not only American

property which should reach the continent after notice of the decree,

or even after its date, but property which arrived there at any time

for the preceding twelve months. I will not stop to inquire what would

and what ought to have been the feelings of the Administration and of

the country, if such an outrage had been committed by England for such

a cause. But, sir, if the French Government is allowed to have in the

act of March an excuse for reprisal, we had better discontinue making

laws altogether; for it is difficult to find in our statute book a law

less hostile to France, or more within the right of an independent

Government to enact.

To see the true character of this decree, we must approach it a little

nearer; and with the letters of the Duke of Cadore in my hand--those

letters, sir, which have occasioned our present embarrassments--I am

strangely deceived if this proceeding of the French Government does

not appear to partake of the nature of an offence which, as respects

individuals, is called swindling. It is a taking of property under

false pretences.

Allow me now, Mr. Chairman, to present you with another view of this

decree. The Duke of Cadore, in his letter of the 5th of August, 1810,

says: "Now Congress retrace their steps; they revoke the act of the

1st of March; the ports of America are opened to French commerce, and

France is no longer interdicted to the Americans." And in his letter

of the 7th of September, he uses these expressions: "His Majesty has

always wished to favor the commerce of the United States. It was not

without reluctance that he used reprisals towards the Americans, while

he saw that Congress had ordered the confiscation of all French

vessels which might arrive in the United States."

"As soon as His Majesty was informed of this hostile act, he felt that

the honor of France, involved in this point, could not be cleansed but

by a declaration of war." Now "the American vessels which shall arrive

in France, will not be subject to confiscation, because the act of

Congress, which had served as a motive to our reprisals, is repealed."

From this exposition of the views of the French Government, handed to

us by the Minister of Exterior Relations, we perceive that he places

the Rambouillet decree entirely to the account of the non-intercourse

law of March; and from the course of reasoning used by him, it seems to

be admitted that the decree, and the seizures under it, could not be

justified, but while the obnoxious law was in force.

But we here again meet with another of the mistakes of this most just

Government, which is so jealous of its honor and so friendly to our

commerce. The fact happens to be that the law never was repealed. By

its own limitation it expired with the then session of Congress, and,

of course, went out of existence on the 28th of June, 1809. Thus this

poor law, which is now brought up in judgment against us, had quietly

descended to the tomb of the Capulets almost a year before the Emperor

and King thought it consistent with his interest, or for the honor of

his empire, to commence his measures of retaliation. The limitation

clause could not have escaped the attention of His Majesty when he

read the law; and, I trust, we yet have pride enough to believe that

he knows there is an American Congress, and notices the periods of our

meeting and departure, if he is careless about our proceedings. When,

therefore, Napoleon issued the plundering decree of Rambouillet, he

knew that the law on which he placed his justification had long since

expired. But he knew a further fact, that the law never did affect

French vessels. The British navy kept them at home, and we excluded

English vessels only. Such was the practical and the only practical

operation of our law.

I am aware that the apologists of the Emperor will point to the act

of the 1st of June, 1809, as reviving or continuing certain sections

of the law of March. Let me not be misunderstood, Mr. Chairman. I do

not mean to insinuate that the Emperor has apologists in this House,

in this ark of independence and liberty of a great people; but, in

whatever place this suggestion shall be offered, it may be answered

that the French Government have not noticed the last law in their

decree, or in any of their official papers. And it may be further

remarked that the law of June, like that of March, was limited to

the end of the next session of Congress, and, of course, ceased its

operation on the 1st of May, 1810. As the decree issued on the 14th of

May, and the seizures under it were after that time, it would seem, to

a man of common understanding, who believes the transactions between

nations are, or ought to be, regulated by the rules of honest, plain

dealing, that the Emperor, when he had knowledge of the fact, would

have loosened his hold on our property. And yet we find that, when we

approach him on this subject, he laughs us to scorn.

The object which I had in view, in this examination of the Rambouillet

decree, was, to mark its true character, to show that this decree

emphatically outraged our neutral rights, and that, if it was submitted

to by this country, our code of national rights will be found hereafter

in the same books with those of the kingdoms which belong to the

Confederation of the Rhine. Our merchants are induced to adventure

to France by a prospect of large profits, and by promises of great

security if their vessels have not been "denationalized." They take

there many a valuable cargo, until the amount of property becomes

an object of imperial attention, and then it is seized upon by an

irresistible and unrelenting hand, without notice, and upon pretexts

void of any foundation. Can a decree, or order, or edict, be pointed

out in the long history of our wrongs and our sufferings, which is more

strongly marked with injustice, or which more strongly "violates our

neutral commerce?"

I will not detain the committee by entering into a particular

examination of the French decrees, which, in the commencement of the

last year, authorized the seizure of such a number of American vessels

at St. Sebastians, at Naples, and in the North of Europe. It would lead

me too far into the views and conduct of the French Government towards

this country, for the purposes of this discussion. But, sir, in this

volume of documents, I see, with emotions which I am sure are in unison

with those of the American people, the famous note, signed "Champagny,

Duke de Cadore," of the 4th of February last, written to justify those

seizures, and, as he says, "that the President may the better know

the friendly intentions of France towards the United States, and her

favorable dispositions to American commerce;" in which we are told

that we are "without just political views, without honor, and without

energy." And are we so sunk in the estimation of the mighty conqueror,

that he thinks it necessary and proper to use this as his official

language towards us? Surely, sir, he mistakes the character and the

spirit of this people if he believes they are to be broken down, or

brought into his views, by insults or threats. As our Government had,

a few months before, discharged and disgraced a British Minister for

a supposed insult by an insinuation, it was to have been expected

that, on this occasion, equal spirit would be shown. But to such as

formed corresponding expectations, what will be their feelings when

they find that the only Executive notice of the note is found in the

letter of Mr. Smith to General Armstrong, of the 5th of June last, in

which the Secretary says, that, "as the John Adams is daily expected,

and as your farther communications by her will better enable me to

adapt to the actual state of our affairs with the French Government,

the observations proper to be made in relation to the seizure of our

property, and to the letter of the Duke of Cadore, of the 14th of

February; it is, by the President, deemed expedient not to make, at

this time, any such animadversions."

Let us now see, Mr. Chairman, whether these decrees have been "so

revoked or modified as that they ceased to violate the neutral commerce

of the United States."

These decrees have two distinct operations, the seizure of our

property, and the subsequent sale of that property; and, without

attempting to prove a proposition which appears self-evident, I shall

take it for granted that, if it was an infringement of our rights

to seize the property, it is equally an infringement of our rights

to proceed to the confiscation and sale of such property. Nay, sir,

if we allow to the French Government the plea of retaliation, the

infringement of our rights will commence with the confiscation and

sale of our vessels after the cause of retaliation has been removed by

us, and known so to be by the Emperor. A revocation or modification

of these decrees, so that they should cease to violate our fair

commerce, therefore, would look as well to an indemnity for the past

as a security for the future; it necessarily includes a restoration of

the property already taken, as well as an engagement against future

captures. This appears to have been, at one time, the opinion of our

Administration; for you will find, by recurring to the letter from

Secretary Smith to General Armstrong, of the 5th of June, 1810, which

enclosed a copy of the law of May, the determination of our Executive

is thus made known: "If, however, the arrangement contemplated by the

law should be acceptable to the French Government, you will understand

it to be the purpose of the President not to proceed in giving it

effect, in case the late seizure of the property of the citizens of

the United States has been followed by an absolute confiscation, and

restoration be finally refused." And in the letter from Mr. Smith

to General Armstrong, of the 5th of July, this determination is

expressed with added strength: "As has been heretofore stated to you,

a satisfactory provision for restoring the property lately surprised

and seized by the order, or at the instance of the French Government,

must be combined with a repeal of the French edicts, with a view

to a non-intercourse with Great Britain; such a provision being an

indispensable evidence of the just purpose of France towards the United

States."

Without asking for the evidence which the President had as to the

repeal or modification of these decrees, I now put it to the committee

whether every member of it is not perfectly convinced that if any

modification, or suspension, or repeal, has taken place, it goes

no farther than to restrain future seizures, leaving the property

already seized to take the course of confiscation and sale? Do we not

know, that, in the months of October and November, our vessels and

merchandise have been brought under the hammer in pursuance of those

decrees; and have we not lately seen, in our public journals, a list

of some eighteen or twenty ships advertised by the French Government

for sale at Bayonne, on the 5th of December? Nay, sir, the Executive

was informed, before he issued his proclamation, by the letter from the

Duke of Cadore to General Armstrong, of the 12th of September, 1810,

that, "as to the merchandise confiscated, it having been confiscated

as a measure of reprisal, the principles of reprisal must be the law

in that affair." Words cannot be found which would more satisfactorily

"evince an inflexible determination" to retain the property. As the

principles of reprisal are to be the law, it follows that a restoration

of the property depends on the discretion of the Emperor, and is not

to be claimed by us as a matter of right, but of favor. And what have

we to propose, according to the principles of reprisal, to obtain the

restoration? Is it, that we have suffered the non-intercourse law to

expire? Why, sir, this had taken place long before the letter of the

Duke of Cadore. Is it a restoration of French property seized under

the law of non-intercourse? This cannot take place; because, in truth,

there was no such seizure.

We will now examine whether there has been such a revocation of

the Berlin and Milan decrees as warranted the proclamation. And

here let me remark that, when the President acted under this law,

he was not exercising the treaty-making power. He was the mere

agent of the Legislature, and as such agent, he was confined and

limited by his letter of attorney, the law. He had not, therefore,

as has been asserted, a discretion, nor had he any thing to do with

considerations of comity or courtesy. He was to ascertain when there

was an actual and practical revocation, and then make known the fact;

the consequences were left with the legislature. Indeed, sir, this

power to give publicity to a fact might have been committed to one

of the Secretaries, or to a clerk in the offices, and if it had, we

should have smiled at the suggestion that its exercise depended on

considerations of courtesy.

Mr. Chairman, when the proclamation first appeared, my impression was,

and such, too, I understood to be the general impression, that the

President had some document unknown to the American people. The letter

of the Duke of Cadore, of the 5th of August, was already before the

public, but it was not credited that on this letter the proclamation

had been issued. Since we have received the Message the subject is at

rest. It is now known and acknowledged that the President had not,

and to this moment has not, any other evidence of a revocation. Now,

sir, in this letter, I see neither the form nor the substance of a

revocation.

What is the understanding of the French courts and officers, on this

subject. I have already presented you with that part of the letter of

the Duke of Cadore, of the 5th of August, in which he says, that since

Congress have retraced their steps, by revoking the act of the first

of March, "France is no longer interdicted to the Americans." Now, if

this letter is in the form of a decree, it revokes or modifies the

Rambouillet decree equally with those of Berlin and Milan, inasmuch,

as long as the former continued in force, France was interdicted to

the Americans. And yet we find, in a letter of the Duke of Cadore, of

the 7th day of September, our Minister inquiring, "Has the decree of

His Majesty of the 22d day of March last been recalled?" And General

Armstrong, in his letter to Mr. Smith of the 10th of September,

remarks, that this inquiry "may appear to have been useless, after the

declaration, that American ships which will hereafter arrive in the

ports of France shall not be subject to confiscation; but understanding

from the Council of Prizes, that until some act be taken which had the

effect of recalling, by name, the decree of the 23d of March, they must

consider it both as existing and operative, and of course binding upon

them," and he had presented the subject again.

Here, then, we have the opinion of the French court, most known and

most important to us, the Court of Prizes, that the letter of the Duke

of Cadore is not in the form of a decree, and has not the force and

effect of a decree. In addition to this, we have the act of seizure

of the brig New Orleans Packet, by the director of the customs at

Bordeaux, in December last, under the Berlin and Milan decrees. As the

letter of the Duke of Cadore had been published in France prior to this

period, no one will believe that if it was in form of an edict of the

Empire, the seizure would have been made.

But if the contents of this letter had been embodied in a formal act,

would it have amounted to such a revocation or modification of the

Berlin and Milan decrees, as that they ceased to violate our neutral

commerce?

I remark first, that the revocation, if it be one, was a future and not

a present revocation. "The decrees of Berlin and Milan are revoked,

and, after the first of November, they will cease to have effect." Now,

sir, although there is an affected obscurity in this sentence, the

intent is most obvious. As long as a law continues in operation, so

long it must be unrepealed, and as these decrees were to have effect

until the 1st of November, it follows, that on no construction can they

be considered as revoked until that period. Indeed, on this point the

Duke of Cadore is quite explicit in his letter to General Armstrong

of the 7th of September, in which he tells him, that American vessels

arriving in France before the first of November, although not liable to

confiscation, "will be subjected to all the effects of the Berlin and

Milan decrees."

But, again: the revocation, if any, was not only future, but it was

also conditional; "it being understood, that in consequence of this

declaration, the English shall revoke their Orders in Council and

renounce the new principles of blockade which they have wished to

establish, or that the United States, conformably to the act you

have just communicated, shall cause their rights to be respected by

the English." A condition--a qualification--a restriction. Is it

not obvious, from the very terms of the letter, that it contains a

condition that the repeal is a qualified one? The words "it being

understood," are not only expressive of this, but they are singularly

appropriate. If, however, we were inclined to doubt, we must be

satisfied by the letter of the Duke of Cadore to General Armstrong,

of September 7th, in which it is said, that the Emperor "repeals his

decrees of Berlin and Milan, under the conditions pointed out in my

letter to you of the 5th of August."

Our Ministers, General Armstrong and Mr. Pinkney, appear to have

puzzled themselves much about this condition, to discover whether it

was a condition precedent, or a condition subsequent. To me, sir, the

idea of a condition subsequent to a repeal, is rather novel; but it

may nevertheless be just. In common understanding, it is believed,

that when a law is repealed it is extinct, and if it be so, then its

appendage, the condition, would seem to be at an end of course. But in

the view which I am about to take of this subject, it is not necessary

to settle this point, as it must be conceded, that whether we call the

condition a condition precedent, or a condition subsequent, the same

consequence will follow: if the condition is not complied with, the

decrees must be in force still. Now, sir, it appears to me that the

conditions, attached to this pretended or proposed repeal, are of a

nature which have not, and will not be complied with.

First, sir, as to the conditions on the part of England: "The English

shall revoke their Orders in Council, and renounce the new principles

of blockade which they have wished to establish." With respect to

the Orders in Council, I have nothing to say either as to their

justice or their policy. Heaven knows they have been to us, from the

moment of their inception, sore evils; the causes of great vexation,

embarrassment, and losses; and I hope the period is not far distant

when we shall be no longer disturbed by them. But, sir, I wish to

call your particular attention to the other branch of the condition,

that relating to blockades. We have been so long in the practice, and

justly in the practice, of complaining of paper blockades, that at the

first blush we are induced to believe the condition relates to them,

and to them alone. Are these the blockades which are intended? Let the

Emperor and King answer for himself. In the official note from Count

Champagny to General Armstrong, of the 22d of August, 1809, we have

this declaration: "A place is not truly blockaded until it is invested

by land and by sea; it is blockaded to prevent it from receiving the

succors which might retard its surrender. It is only then that the

right of preventing neutral vessels from entering it exists." But we

have it under the hand and seal of the Emperor himself, what he means

by the "new principles of blockade." In the Berlin decree there is an

enumeration of real or pretended interpolations, on the part of Great

Britain, in the law of nations; among which we discover these: "that

England does not admit the right of nations as universally acknowledged

by all civilized people; that she extends to ports not fortified, to

harbors and mouths of rivers, the right of blockade, which, according

to reason and the usage of civilized nations, is applicable only to

strong or fortified ports." And it is declared that "the decree shall

be considered as the fundamental law of the Empire, until England has

acknowledged that the rights of war are the same on land as at sea--and

until the right of blockade be restrained to fortified places actually

invested by competent forces."

There can be no misunderstanding on this subject. The Emperor offers

to give up his Berlin and Milan decrees, if the British will renounce

their new system of blockade; and in these very decrees he explains

what he means by this new system; that, besides paper blockades, it is

the attempt to blockade the mouths of rivers and harbors, and ports

not fortified. Now, sir, I will admit, if we could prevail on Great

Britain and France thus to limit the right of blockade, it would add

much to our security at home; for as we have no fortified places,

although we may have places with fortifications, it would follow that

we should never be subject to a blockade. But is it true that according

to the usages of nations this is a novel system, or one now, for the

first time, put in use by the British? Or is it believed, that a

nation like England, whose effective force for offence and defence is

a maritime force, can or ought to subscribe to a system of blockade

which confines its exercise and right to "fortified places actually

invested?" What would be the effect of such a system in the present

war? France has surely not to apprehend an invasion from England; and

if any of the commercial places on her extensive coasts are fortified,

the fortifications may be dismantled or destroyed with great safety.

As soon as this is done they become "harbors and ports not fortified,"

and have no longer to apprehend any inconvenience from the pressure of

a naval force. Is it not obvious that England will not comply with her

part of the condition, and that the Emperor never expected that she

would?

As to the conditions on the part of this country--"The United States,

conformably to the act you have just communicated, shall cause their

rights to be respected." What rights, Mr. Chairman? The right of not

being vexed or endangered by paper blockades? Yes, sir, and more;

the right of not being interrupted in a commercial intercourse with

cities situated on rivers, as Antwerp for instance; or to carry on a

free trade with all the continental ports and harbors not fortified,

although the whole British navy may be cruising at the mouth of the

river, or in sight of the port. But we have a further declaration

of neutral rights which the French Emperor says he will allow when

France has a marine proportioned to the extent of her coasts and her

population, and which, so long as the British shall continue to be

masters of the sea, he insists we shall claim and exercise. Thus, in

the note from Count Champagny to General Armstrong, of the 22d of

August, 1809, "France admits the principle that the flag covers the

merchandise. A merchant vessel, sailing with all the necessary papers

from its Government, is a floating colony. To do violence to such a

vessel by _visits_, by _searches_, and by other acts of an arbitrary

authority, is to violate the territory of a colony. This is to infringe

on the independence of its Government." In other words, the flag is to

protect the property, and search is not to be permitted. I pray you,

sir, to bear in mind, that since the formation of this Government,

and under every Administration, the right of blockading, by an actual

present and efficient force, ports and places not fortified; the right

of search, and the principle, that enemy property is not protected by

the character of the vessel, has been recognized or conceded.

But how are we to cause these rights to be respected? By putting in

force the non-importation law? Suppose the British should not believe

themselves excessively injured by this measure; that, in fact, it

operated to their advantage, and we are suffered to bring on premature

decay and old age, by this political quackery. Would this satisfy

the Emperor? No, sir. He would soon tell us that we had not caused

our rights to be respected. It is idle to believe that he will deem

the non-importation a compliance with his condition; nor, to me,

does his language convey this idea. We are to oppose, or declare

ourselves against the British, and in the spirit of our law and of

his declaration, we are to cause our rights to be respected, not by

self-destroying measures, but by actual force and open hostility,

if the English nation will not, without it, subscribe to the terms

which have been presented to it. Recollect the history of our embargo

and former non-intercourse, the propositions made under them by our

Government to the French Government, and how these propositions were

received, and you will be satisfied of the nature and extent of the

present condition.

And now, let me ask, whether we are prepared for these conditions?

Whether we believe in all the rights which the French Emperor

condescends to claim for us from the British, although he will not

admit them himself? And whether we are prepared to go to war for

them? To me the conditions, both on the part of this country and

Great Britain, appear inadmissible. At all events, I think that the

President, before he acted on a proposition so loose and general, which

admits of so much doubt, and can, by fair construction, be carried to

such extravagant lengths, ought to have asked and received explanations

and particulars.

But it may be said that the letter of the Duke of Cadore, if not itself

a decree, is evidence that there is a rescinding decree. To my mind,

Mr. Chairman, it has internal marks to the contrary; but, without

troubling the committee with any further comments on the letter, I

observe, that viewing it as a mere matter of evidence, it may be

fortified or explained by other evidence. I have already read to you

parts of the letters from Secretary Smith to General Armstrong, of the

5th of June and the 5th of July, which declare the determination of

the President not to carry the non-intercourse law into effect against

England, unless France not only revoked her decrees, but restored our

sequestered property. We are to presume that our Minister made known

this determination to the French Court, as it was his duty so to do.

Now, with this declaration before him, is it to be credited that the

Emperor would revoke his decrees, when he was given to understand that

the revocation would lead to no result on our part, inasmuch as he did

not release our property? Is it not obvious, from this circumstance

alone, that the letter is a mere proposition in answer to the one made

by our Government, expressive of the views, and stating the terms on

which the Emperor would revoke?

Again, sir, we have the letter of Mr. Russell to Secretary Smith, of

the 11th of December, 1810, informing our Government that the brig New

Orleans Packet had been seized at Bordeaux a few days before, under

the Berlin and Milan decrees, by the director of the customs. And

we have had communicated to us, by the President, the note from Mr.

Russell to the Duke of Cadore, of the 10th of December, stating this

seizure to have been made under the decrees, and giving an additional

fact, that the case of this vessel was the first which had occurred

after the first of November, to which the decrees could be applied.

As this seizure was made under the decrees, it shows the impression

in France to be, that they still are existing and in force; and the

evidence is the stronger, as coming from the custom-house of one of

the principal trading towns, where surely the revocation must have

been officially known, if it had taken place. I am aware it is said

that Mr. Russell must have been misinformed as to the cause of the

seizure, or that the custom-house officer mistook his duty. But as to

both of these suggestions, I will only remind you of the silence of

the French Government. The remonstrance of Mr. Russell was handed to

the French Minister on the 10th of December, and the vessel which bore

the despatches, brought Paris accounts to the 27th of December, and

did not leave France until the 1st of January. If Mr. Russell had any

explanation or answer from the French Government it would have been

communicated to us; but he had none. The silence of the French Minister

is equal to an express affirmance of the act of the custom-house

officer, and is an admission that the decrees have not been revoked.

SATURDAY, Feb. 9.

_Commercial Intercourse._

On motion of Mr. EPPES all the orders of the day were laid on the

table, and the House resolved itself into a Committee of the Whole on

the bill supplementary to the act concerning commercial intercourse, &c.

Mr. EMOTT'S motion being under consideration, to amend the bill so as

to repeal the law of May last, &c., Mr. RHEA made a motion superseding

that, viz: to strike out the whole of the bill.

Mr. EPPES said, that when, on a former day, this bill, designed only

for the relief of our own citizens, was under discussion, subjects not

at all connected with its merits were brought into view. A gentleman

from New York (Mr. EMOTT) presented to the House on that occasion his

view of our foreign relations, and exercised all his ingenuity to show,

as it is but too often the practice here, that the Government of the

United States is exclusively wrong, and the Government of Great Britain

exclusively right. It seems that in this enlightened age new duties

are assigned to a Representative. Under the pressure of every injury

which foreign influence can inflict, a Representative is considered as

discharging his duty, if, with a fine-spun web, he can present, under

a suspicious aspect, either the motives or the acts of the Executive

branch of his Government. No nation, ancient or modern, unless in the

last stage of corruption, can be produced where, as in the United

States, periods of difficulty have been seized by the Representatives,

and the weight of their talents exclusively employed for increasing

the public embarrassments. The speech of the gentleman from New York,

however well he may have covered it under mildness of manner and a

fine-spun argument, is designed to convey to the people an idea, that

the Executive has manifested partiality towards France in the late

arrangement. The gentleman tells us, that while the Minister of one

foreign nation was denounced here for an implied insult, the letter of

the Duc de Cadore to Mr. Armstrong is passed over almost in silence;

that the Secretary of State, in a letter to General Armstrong, tells

him that the President thinks it unnecessary to make any remarks on

it. The gentleman ought to have gone further, and stated the whole

fact: that the letter of General Armstrong in answer to the Duc de

Cadore was approved by the President; that, by the approval, he adopts

as his own the language and sentiments of that letter. The letter of

General Armstrong, by the approval of the President, has become the

act of his Government. For the sentiments contained in that letter

the American Government is responsible, and not General Armstrong.

The firm, manly, and eloquent reply of General Armstrong to the Duc

de Cadore stands precisely on the same footing as if it had been

originally written under the directions of the Government. General

Armstrong did not wait for instructions. He repelled, in a style

comporting with the dignity of his station, the charges of the Duc

de Cadore. The President, through the Secretary of State, approves

his letter, adopts it as his own, and says he has nothing to add.

Well, indeed, sir, might he say so, because the Minister had already

said, in a style as pleasing to his country as to his Government, all

that the occasion demanded. But, sir, the gentleman from New York

cannot agree with his colleague in considering the President of the

United States correct in issuing his proclamation. Why, sir, does the

gentleman disapprove of the President's proclamation? Because, says

the gentleman, the letter of the Duc de Cadore, of August, was not

a repeal of the Berlin and Milan decrees. It is a mere promise that

on a certain day they shall be withdrawn. When, sir, the President

received the declaration of Mr. Erskine, the British Minister, that,

on a particular day, the Orders in Council would be withdrawn, and

issued a proclamation founded solely on that declaration, his conduct

was warmly approved by men of all parties. The gentleman from New York

joined in the burst of applause heaped on that Executive act. Was the

letter of Mr. Erskine a repeal of the British orders? Unfortunately,

we know practically it was not. Was it such a repeal as the gentleman

contends ought to have taken place of the Berlin and Milan decrees,

viz: under the sign manual of the Emperor? No, sir, it was just such

a letter as that of the Duc de Cadore. In both cases the word of the

Minister was taken as a pledge, and, on examining the two letters, so

far as they may be considered a pledge, the words are nearly the same.

I approved of the arrangement with Mr. Erskine; so did the gentleman

from New York. I cannot see any difference in the ground taken by the

Executive, except that one arrangement was with Great Britain, and the

other with France. The one affected the interests of Great Britain; the

other affects the interests of France. The gentleman from New York,

more nice in distinctions than myself, may, perhaps, satisfy himself

and the people that these two cases are marked by lines so strong as

to render the conduct of the Executive in the one case an object of

applause and approbation for himself and his friends, and in the other

of suspicion and censure. It is not, however, my intention to pursue

the gentleman through his argument. There is one part of it which I

consider it a duty to pass in review, inasmuch as it is calculated

to give to the public an erroneous view of the grounds taken by the

Executive in the recent negotiation with Great Britain. The gentleman

says, the President has not only required of Great Britain to withdraw

her orders, but her blockades also. This, he says, she cannot and

never will yield. This declaration is made, too, in the presence of

the agent of Great Britain, who must have heard with delight the

American Executive held up to suspicion, and an American Representative

declare, on the floor of Congress, that demands were made on Great

Britain, not sanctioned by the law of the last session. In order, sir,

to support this declaration, the gentleman gives a view of the demands

of the Executive on Great Britain totally incorrect and contradicted by

every part of the correspondence before us. The gentleman tells you,

that we have demanded of Great Britain not a withdrawal of the Orders

in Council only, as contemplated by the law of last session, but of

her "novel blockades." To establish the demands of the Executive, he

turns, not to the correspondence, but to the Berlin or Milan decrees,

and takes for our demand on Great Britain the definition of blockade

given by the French Emperor. The gentleman is entirely mistaken as to

the demand made of Great Britain by the Executive. The revocation of

but one blockade, viz: that of May, 1806, is included in the demand of

the Executive. The features of this blockade render it different from

all other blockades. It is, in fact, from its character, more like the

Order in Council, a permanent regulation in commerce, than a blockade.

I will, however, first show from the correspondence, that the President

did not, under the act of the last session, require the revocation by

Great Britain of any blockade except that of May, 1806; and then, that

from the peculiar features of that blockade, it must have been included

in the demand made under the act of the last session. In the Message of

the President, at the commencement of the session, pages 4th and 5th,

we find the demand stated in the following terms:

"Under the modification of the original orders of November,

1807, into the orders of April, 1809, there is, indeed,

scarcely a nominal distinction between the orders and the

blockades. One of these illegitimate blockades, bearing

date in May, 1806, having been expressly avowed to be still

unrescinded, and to be, in effect, comprehended in the Orders

in Council, was too distinctly brought within the purview of

the act of Congress, not to be comprehended in the explanation

of the requisites to a compliance with it. The British

Government was accordingly apprised by our Minister near

it, that such was the light in which the subject was to be

regarded."

This is the language of the President. In pages 38 and 39 of the

correspondence, we find the declaration of Mr. Smith, our Secretary of

State, to General Armstrong, in the following words:

"If the non-intercourse law, in any of its modifications, was

objectionable to the Emperor of the French, that law no longer

exists.

"If he be ready, as has been declared in the letter of the Duke

of Cadore, of February 14, to do justice to the United States,

in the case of a pledge on their part not to submit to the

British edicts, the opportunity for making good the declaration

is now afforded. Instead of submission, the President is

ready, by renewing the non-intercourse against Great Britain,

to oppose to her Orders in Council a measure which is of a

character that ought to satisfy any reasonable expectation. If

it should be necessary for you to meet the question, whether

the non-intercourse will be renewed against Great Britain, in

case she should not comprehend, in the repeal of her edicts,

her blockades which are not consistent with the law of nations,

you may, should it be found necessary, let it be understood,

that a repeal of the illegal blockades of a date prior to the

Berlin decree, namely, that of May, 1806, will be included

in the condition required of Great Britain; that particular

blockade having been avowed to be comprehended in, and, of

course, identified with the Orders in Council. With respect to

blockades, of a subsequent date or not, against France, you

will press the reasonableness of leaving them, together with

future blockades not warranted by public law, to be proceeded

against by the United States in the manner they may choose to

adopt."

In pages 45 and 46, we have the declaration of General Armstrong and

the Duke de Cadore. Mr. E. then read the following:

_From General Armstrong to Mr. Pinkney._

PARIS, _January_ 25, 1810.

"SIR: A letter from Mr. Secretary Smith, of the first of

December last, made it my duty to inquire of His Excellency the

Duke of Cadore, what were the conditions on which his Majesty

the Emperor would annul his decree, commonly called the Berlin

decree; and whether, if Great Britain revoked her blockades,

of a date anterior to that decree, his Majesty would consent

to revoke the said decree? To these questions I have this day

received the following answer, which I hasten to convey to you

by a special messenger:

ANSWER.--"The only conditions required for the revocation,

by his Majesty the Emperor, of the decree of Berlin, will

be a previous revocation, by the British Government, of her

blockades of France, or a part of France, (such as that from

the Elbe to Brest, &c.,) of a date anterior to that of the

aforesaid decree."

In page 47, we have the statement of Lord Wellesley to Mr. Pinkney:

"I have the honor to acknowledge the receipt of your note

of the fifteenth ultimo, wherein you request to be informed

whether any, and if any, what blockades of France, instituted

by Great Britain during the present war, before the first day

of January, 1807, are understood by his Majesty's government

to be in force? I have now the honor to acquaint you, that

the coast, rivers, and ports, from the river Elbe to Brest,

both inclusive, were notified to be under the restrictions of

blockade, with certain modifications, on the 16th of May, 1806;

and that these restrictions were afterwards comprehended in the

Order of Council of the 7th of January, 1807, which order is

still in force."

In page 71 of the correspondence, Lord Wellesley declares, in a letter

to Mr. Pinkney:

"The blockade, notified by Great Britain in May, 1806, has

never been formally withdrawn. It cannot, therefore, be

accurately stated, that the restrictions which it established

rest altogether on the Order of Council of the 7th of

January, 1807; they are comprehended under the more extensive

restrictions of that order. No other blockade of the ports of

France was instituted by Great Britain, between the 16th of

May, 1806, and the 7th of January, 1807, excepting the blockade

of Venice, instituted on the 27th of July, 1806, which is still

in force."

From this, sir, it appears that if we are to credit the President,

the Secretary of State, General Armstrong, the Duc de Cadore, and

the British Minister, Lord Wellesley, the demand was confined to the

blockade of 1806. Was this blockade such a violation of the neutral

rights of the United States as to come decidedly within the act of the

last session? Let us examine its features. This blockade is a compound

one, presenting three distinct characters:

1. It obstructs a trade from one port to another of the same

enemy--France for example. This trade has been denied latterly though

not formerly, by Great Britain, to be free to neutrals. The United

States assert the neutral right to it.

2. It obstructs a trade from the port of one enemy to the port of

another--from a French to a Dutch port, for example. This is a

principle not before asserted by Great Britain. The present Cabinet of

Great Britain contended against its conformity to the law of nations,

in opposition to their predecessors, who attempted to justify the

orders of January, 1807, on that principle.

3. It obstructs the direct trade of neutrals from their own country

to any part of the coast from the Elbe to Brest--a coast not less

than a thousand miles. For this part of the blockade there can be no

defence which is not applicable to the Orders in Council. This blockade

has been continued for four or five years. No force, either adequate

or inadequate, has been stationed for carrying it into effect. No

new notification has been given. It is, in fact, like the Orders in

Council, a permanent regulation of commerce, and has nothing of the

character of a blockade, except the mere name. This blockade consists

in great part of the same prohibition with the orders of January,

1807, in which it is said to be comprehended; that is, against a trade

along the belligerent coast. If the orders be unlawful, therefore, the

blockade must be so; and if the orders be repealed as a violation of

neutral trade, in compliance with the act of Congress, the obligation

to repeal the blockade, as a like violation, cannot be contested. This

blockade of May, 1806, is in violation of the principles laid down

by all authors on the subject of blockade. It is in violation of the

principles laid down in all the treaties which attempted to define

a blockade. It is in violation of the principles contended for by

every Administration under the American Government, from the period

of WASHINGTON to the present time. The correspondence under General

WASHINGTON'S Administration, between the Secretary of State and Mr.

Hammond, may be referred to for the principles asserted under that

Administration. In the correspondence before us we have the principles

as laid down by General Marshall and Mr. King. To these I will refer.

Mr. E. then read the following extracts of letters from Mr. King and

Mr. Marshall:

_From Mr. King._

"Seven or eight of our vessels, laden with valuable cargoes,

have been lately captured, and are still detained for

adjudication; these vessels were met in their voyages to and

from the Dutch ports, declared to be blockaded. Several notes

have passed between Lord Grenville and me upon this subject,

with the view, on my part, of establishing a more limited and

reasonable interpretation of the law of blockade, than is

attempted to be enforced by the English Government. Nearly one

hundred Danish, Russian, and other neutral ships have, within

a few months, been, in like manner, intercepted, going to and

returning from the United Provinces. Many of them, as well as

some of ours, arrived in the Texel in the course of the last

winter; the severity of which obliged the English fleet to

return to their ports, leaving a few frigates only to make

short cruises off the Texel, as the season would allow.

"My object has been to prove that, in this situation of the

investing fleet, there can be no effective blockade, which, in

my opinion, cannot be said to exist without a competent force,

stationed and present at or near the entrance of the blockaded

port."

_Extract of a letter from Mr. King to Lord Grenville,

dated_

LONDON, _May_ 23, 1799.

"It seems scarcely necessary to observe, that the presence

of a competent force is essential to constitute a blockade;

and although it is usual for the belligerent to give notice

to neutral nations when he institutes a blockade, it is not

customary to give any notice of its discontinuance; and that

consequently the presence of the blockading force is the

natural criterion by which the neutral is enabled to ascertain

the existence of the blockade, in like manner as the actual

investment of a besieged place is the only evidence by which

we decide whether the siege is continued or raised. A siege

may be commenced, raised, recommenced and raised again, but

its existence at any precise time must always depend upon the

fact of the presence of an investing army. This interpretation

of the law of blockade is of peculiar importance to nations

situated at a great distance from each other, and between whom

a considerable length of time is necessary to send and receive

information."

_Extract of a letter from Mr. Marshall, Secretary of State, to

Mr. King, dated_

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