SEPTEMBER 20, 1800.

"The right to confiscate vessels bound to a blockaded port, has

been unreasonably extended to cases not coming within the rule,

as heretofore adopted.

"On this principle, it might well be questioned, whether

this rule can be applied to a place not completely invested

by land as well as by sea. If we examine the reasoning on

which it is founded, the right to intercept and confiscate

supplies, designed for a blockaded town, it will be difficult

to resist the conviction that its extension to towns, invested

by sea only, is an unjustifiable encroachment on the right of

neutrals. But it is not of this departure from principle--a

departure which has received some sanction from practice--that

we mean to complain. It is, that ports, not effectually

blockaded by a force capable of completely investing them,

have yet been declared in a state of blockade, and vessels

attempting to enter therein have been seized, and, on that

account, confiscated."

I have shown, from the correspondence, that the blockade of May, 1806,

was the only one included in the demand of the Executive. I have shown

that it is not only a violation of our neutral rights, but of the

principles contended for by men of all political parties under every

administration of this country; and I cannot but express my regret

that the gentleman from New York should consider that, under the law

of the last session, this blockade ought not to have been included in

the demand of the Executive on Great Britain; that he should declare

in the hearing of the British agent that demands had been made by the

Executive of the United States which it would be extremely convenient

for us if Great Britain would allow, but which she never could yield.

The gentleman from New York has entered into an argument to show that

the Berlin and Milan decrees are not repealed. We have just heard of

the arrival of a French Minister; he has left France at a time to bring

us certain information on this question. I have no wish to enter on

this interesting question, with a bandage round my eyes. Whether France

has complied with her engagements; whether France has failed in her

engagements, cannot be a subject of ingenious speculation many days

longer. Whatever may be the information received, I shall endeavor to

adhere to what I deem the real interests of my country, and, so far as

I am able, to maintain its rights against the unprincipled aggressions

of every foreign nation.

I will now make a few observations on the bill before the House. It

contains but a single section, and exempts from forfeiture goods owned

wholly by citizens of the United States, which shall have departed from

a British port prior to the second day of February, 1811. When the

report of the Secretary of the Treasury on the subject of modifications

of the non-intercourse system was referred to the Committee on Foreign

Relations, it appeared to be the unanimous sentiment of the committee,

that goods which had left a British port, before the President's

proclamation reached the port, ought to be exempt from the penalty of

the non-intercourse law, although they might not arrive until after

the 2d day of February. It was considered not inconsistent with an

honest compliance with our engagements with France, and seemed to be

required by that general principle of policy which is adhered to in

all free countries, of allowing sufficient notice to its citizens of

the commencement of penalties and forfeitures. The bill for enforcing

the non-intercourse system was reported with that limited provision.

After the bill was printed various statements were received by the

committee, all tending to show that the orders of our merchants were

sent out in September and October; that, from the change in the actual

state of commercial capital in this country, goods were at present

purchased with cash, and not only became the property of our citizens

under the orders of merchants sent before the President's proclamation

issued, but were at the risk of the purchasers; that these goods were

actually paid for before the President's proclamation issued; that

they could not be brought in before the second day of February. The

committee having previously decided that time ought to be allowed

for the President's proclamation to reach a British port, and taking

into view the great injury our own citizens would sustain from a

rigorous construction of the law, determined to extend the time to the

ultimate period at which a citizen could put his property on board

without infringing the laws of his country. It is not supposed that

the construction put upon the law is strictly within its letter--it

is, however, perfectly within its object. It was designed to operate

on the nation refusing to modify or withdraw its edicts. To give it

a construction which would either confiscate property _bona fide_

American, or lock it up in British ports, would be to destroy our own

resources, and produce no effect on Great Britain. Under the sixth

section of the law, it is not made unlawful to put on board British

manufactures with the intent to import them, until the expiration of

the three months after the proclamation; its being unlawful after that

period depended on Great Britain's following the example of France

and revoking her edicts; according, therefore, as the citizen was

more or less sanguine, his interest might be more or less involved by

supposing that Great Britain would withdraw. Orders sent previous to

the issuing of the President's proclamation violated no existing law.

Those sent afterwards cannot be considered as given in violation of

law, inasmuch as the commencement of the law depended on a contingency,

viz: the modification or withdrawal of the British orders. There is

another circumstance which operated on the committee: The law of the

last session was not considered by the committee as a plain rule of

action which every citizen could clearly comprehend, and so arrange

his affairs as to avoid its penalties. The fourth section of the

act of last session revives certain sections of another act, on the

happening of a certain event, three months after that event shall

have been proclaimed by the President. This reviving section does not

declare that on and after three months from the date of the President's

proclamation there shall be non-intercourse, but that particular

sections of a former non-intercourse law shall be revived. Each of

the revived sections contain the words "20th of May next," and it has

been made a question whether these words are revived as part of the

sections. It is not supposed by me that such is a proper construction

of the law. It is only stated for the purpose of showing that the law

was not in that clear, decided form in which penal statutes ought to be

enacted. In the construction given to the law, more regard was paid to

its objects and principles than to its strict letter. And if, for the

purpose of affording relief in cases peculiarly hard and operating on

our own citizens exclusively, we have placed on the law a construction

not warranted by its letter, I hope we shall be justified by the purity

of the motives under which we have acted.

Mr. EMOTT explained.

Mr. STURGES said be was happy that he felt himself so situated that he

could avoid that course of discussion upon the present occasion, so

much reprobated by the honorable gentleman (Mr. EPPES) from Virginia.

He said he should not undertake to enter into a discussion of our

foreign relations, nor say much upon our restrictive system; that his

friend from New York (Mr. EMOTT) had already done that fully and ably.

He said he was at present inclined to support the amendment proposed

by the honorable gentleman, (Mr. RHEA, of Tennessee,) and if the words

should be stricken out as proposed by that gentleman, (as one good

turn deserved another,) he hoped he would be disposed to support a

proposition, which he (Mr. S.) would then submit to the committee. If

the committee should agree to strike out, Mr. S. would then propose to

insert in lieu thereof, after the words "be it enacted" the following

words, (which he read to the committee,) viz: "That an act entitled an

act concerning the commercial intercourse between the United States

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

purposes, passed May 1, 1810, be and the same is hereby repealed."

Mr. S. said he was inclined to favor the amendment of the gentleman

from Tennessee on another ground. He was not willing to imply by any

vote of his a recognition of the efficacy of the non-intercourse law,

so called, which could not, in his opinion, upon any principle, have

any operative force, until the 20th of May next. He flattered himself,

if gentlemen would be so good as to attend to him, that he should be

able to demonstrate to their satisfaction the truth of this position;

and that the chairman of the Committee of Foreign Relations, exercising

his usual candor, would himself be satisfied. The law, passed March 1,

1809, contained a number of sections which went to prevent importations

from Great Britain and France, and their dependencies. This law

(containing a clause limiting its duration) was to expire at the end

of the next session of Congress. The then next session of Congress

ended the last of June, 1809. The law of March, 1809, therefore, then

expired. The law of May 1st, 1810, enacted that certain sections of

that of March, 1809, should be revived upon certain contingencies.

Those sections, thus revived, are the 3d, 4th, 5th, 6th, 7th, 8th, 9th,

10th, and 18th. Mr. S. then recurred to those sections, and read the

third, which is as follows:

[The section was here read.]

Mr. S. said it was unnecessary to read the other sections to which

he had referred, as the phraseology, as to the time when they were

to take effect, was the same as in the section which he had read.

He said it would not answer the purpose of gentlemen who held a

different opinion from him, to argue in such a case as the present,

from the intention of the Legislature. He said it was a principle, in

construing penal statutes, to construe them strictly. But he said it

was not necessary for him, in support of his position, to resort to

this rule of construction. The words of these sections are explicit,

and the meaning plain. They are revived in the law of May, 1810. They

must be considered as revived in _todidem verbis_--as the whole of the

sections are revived generally, it is not competent to say that one

part of the section is revived, and not the other part. If they had

been transcribed _verbatim_, and incorporated in the law of May, 1810,

there could have been no question; and there can be no difference as

to this point between that case, and reviving them without excepting

any part. Mr. S. therefore concluded, that as the expressions in the

sections referred to were, that they were to take effect the 20th of

May next; and the law reviving them passed the 1st of May, 1810; that

they cannot have any efficacy until the 20th of May, 1811. And he

said the gentleman from Virginia, (Mr. EPPES,) in attending to this

point, had implied his doubts upon it by saying, that as there might

be doubts among lawyers, though among unlearned men there could be

none, the Committee of Foreign Relations, in reporting the bill now

under consideration, were disposed to give a liberal construction to

the meaning of the Legislature. But, said Mr. S., this cannot help

the matter. No new law, in the nature of an explanatory law, can give

efficacy to the former one, if that law would otherwise have no force.

If, then, he was correct in his ideas upon the subject, and he thought

every lawyer in the House must be of his opinion, Mr. S. asked, what is

the consequence? He said that, from the 2d of February, any seizures

which have been or shall be made by your custom-house officers, cannot

be considered as legal. Your Federal courts cannot condemn property

so seized; and in case they are made, your State courts will sustain

actions of trover and trespass in favor of the owners thereof against

such officers.

Mr. WRIGHT.--Mr. Chairman: The gentleman from New York (Mr. EMOTT)

labored yesterday for three hours on his proposed amendment to the bill

under consideration, and exercised all his ingenuity to seduce us into

a violation of the faith of the nation, pledged in 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." By this act the nation pledged itself to Great Britain and

to France, "that if either of them should so revoke or _modify_ their

edicts that they should cease to violate the neutral commerce of the

United States, that the President _should_, by proclamation, declare

the same; and that, three months after the date of said proclamation,

no goods, wares, or merchandise, the growth, produce, or manufacture of

the other nation, her colonies or dependencies, _should_ be imported

into the United States." The Government, strictly preserving her

neutral character, at the same moment presented to both nations the

same proposition, and by the solemnity of that act, in the face of the

world, pledged the faith of the nation to the faithful performance of

the condition above stated, on their part to be performed, in the event

of either Great Britain or France so revoking or modifying their edicts

that they should cease to violate the neutral commerce of the United

States.

France, on the 5th of August, 1810, did so revoke her edicts that they

should cease to violate the neutral commerce of the United States,

after the second day of November; and, although the fact has been

established by the letter of the Duke of Cadore, of the 5th of August,

to General Armstrong, our Minister at Paris, and by him communicated

to the President of the United States; and, although the President

did, by his proclamation, bearing date the second of November, in

obedience to the said act of Congress, declare "that the edicts of

France violating the neutral commerce of the United States had been so

revoked or modified, that, from and after the second day of November,

they would cease to violate the neutral commerce of the United States;"

whereby, after the expiration of three months from the date of said

proclamation, by virtue of the act aforesaid, "no goods, wares, or

merchandise, the growth, produce, or manufacture of Great Britain, her

colonies or dependencies, should be imported into the United States,

unless she, before the expiration of that time, revoked her edicts."

Yet, sir, this gentleman, to the bill on the table contemplating a

faithful execution of the non-intercourse law against Great Britain,

has proposed an amendment 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;" thereby substantially to repeal the non-intercourse

act, although France has revoked her decrees, and Britain has refused

to revoke her Orders in Council, and by the last information from our

Minister in London, every spark of hope of their being revoked had been

extinguished.

That gentleman, a representative of the American people, has

proposed this direct breach of public faith, and as a pretext to the

unprincipled act, has had the temerity to declare "that the President

had no authority to issue his proclamation; that the assurances of

France to our Government were deceptive; that the Berlin and Milan

decrees were not revoked; and that the non-intercourse act is not

in force;" and thus has arraigned the President for issuing his

proclamation.

By the constitution, the Departments of the Government are distinctly

marked, and the President authorized, as the legitimate organ, to

discharge every function of the Executive. Besides, the non-intercourse

act has expressly authorized and directed him, by proclamation, to

declare the fact of the revocation or modification of the edicts which

the belligerents were by that act invited to revoke.

As well might that gentleman question the legitimacy of a treaty

after it had been ratified and declared by proclamation, or an act of

Congress after it had passed the usual forms and been duly published.

Sir, this act of the President, as to every fact stated, implies

absolute verity, and, like any other record, can be tried only by

itself.

Had the gentleman contented himself with the discharge of his

legislative duties, and indulged the President in the exercise of his

Executive functions, we should have been relieved from a long speech,

calculated only to inculpate the President and expose the gentleman's

devotion to Great Britain. How, I ask, could the President act a

different part, from the evidence in the case? The Duke of Cadore, the

French Minister of Foreign Relations at Paris, in writing, informed

General Armstrong, the American Minister at that Court, on the fifth

of August, "that he was authorized to declare to him, that the

decrees of Berlin and Milan are revoked, and that after the first of

November, they will cease to have effect; 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." General Armstrong immediately communicated

it to the President, who, being thus in possession of the information,

was not only authorized, but bound to issue this proclamation.

I would ask, if this diplomatic evidence, the established mode of

communication between nations, is not to be received and respected, if

national confidence is not destroyed, and an end put to all diplomatic

intercourse? Was not the President, in good faith, bound to believe the

fact, and, believing it, bound to act as he did?

Sir, if Great Britain had made the like communication through Lord

Wellesley to Mr. Pinkney, and he to the President, who had, thereupon,

issued his proclamation, what would have been the conduct and language

of this gentleman and those who think with him in political opinion?

They would, I have no doubt, been prepared to eulogize the President,

and publicly approve the act. In this assertion I am not left to

conjecture, but will prove it by the most unequivocal evidence, if the

gentlemen are consistent with themselves. You will recollect that, by

the act of the first of March, eighteen hundred and nine, interdicting

the commercial intercourse between the United States and Great Britain

and France, and their colonies and dependencies, after a certain

period, unless they should so revoke or modify their edicts that they

should cease to violate the neutral commerce of the United States, the

President in the case of either power, so revoking or modifying their

edicts, was authorized by proclamation to declare the same, whereby

the interdictions were, as to the power so revoking, to be suspended,

and in force only against the other; and I hope you never will forget

the deep game that was played by Great Britain on that occasion, and

the diplomatic trick that was practised on our Administration by Mr.

Erskine's memorable treaty. The President _then_ placed full faith in

the act of the British Plenipotentiary, and, on the signing of that

treaty which revoked the Orders in Council, immediately issued his

proclamation, and thereby dissolved the commercial injunction, whereby

Great Britain was supplied with the necessaries of her existence.

Then the President acted promptly, as in the case of France; then he

acted on the information of the British Minister as he did in the case

of France on the information of the French Minister. Then the treaty

revoking the Orders in Council was rejected by the British Government;

but now, in the case of France, the revocation of her decrees is

confirmed and carried into full effect. But the proclamation in the

case of France is denounced by the gentleman from New York as neither

formal, substantial, nor by authority, although by comparing it with

the proclamation in the case of Great Britain, which I hold in my hand,

it will be found formally and substantially a copy of it, varied only

as to the Government to whose proceedings it relates. When I assure

you that the President's proclamation in the case of Great Britain met

with the approbation of the gentleman from New York and his political

friends, you will feel surprised at their partiality; but, when you

examine the resolution of the House of Representatives approbating the

conduct of the President in that case, you will feel no doubt of the

fact.

Sir, this gentleman has told us that the non-intercourse act is not in

force, and that the American people will not submit to its execution,

notwithstanding the revocation of the French decrees, the continuation

of the British Orders in Council, and the President's proclamation.

Whence does this gentleman derive the power of declaring an act of

Congress not in force, declared by the President's proclamation to be

in force? Or in what section of the Union does the gentleman presume

to say the American people will not submit to the law? That that

gentleman's speech was intended to sow sedition among the people, and

to encourage insubordination to this law, is too obvious.

Sir, the decrees of France, now they are revoked, seem to be more

obnoxious to that gentleman than the British Orders in Council, now in

full force. He denounces the Emperor for the Rambouillet decree, issued

the twenty-third of March, eighteen hundred and ten; which subjected

the ships of America to condemnation entering the ports of France,

which the Emperor declares was an act of retaliation; because Congress

had by their act of March, eighteen hundred and nine, subjected the

vessels of France to condemnation entering the ports of the United

States, yet that gentleman, when speaking of the British blockading

order of eighteen hundred and six, issued without even a pretext, which

by proclamation without investment subjected our ships to condemnation

entering the ports of France, says, "with respect to their Orders in

Council I have nothing to say as to their justice or their policy."

He is prepared to condemn France for her act of retaliation, but he

is not prepared even to speak of Great Britain's new paper blockading

system, much less to declare it unjust or impolitic; although Sir

William Scott, in 1 Robinson's Rep. page 96, expressly declares, "that

no vessel was liable to condemnation for entering a port alleged to be

blockaded, unless it was invested by such a naval force as to make the

entry therein hazardous."

Sir, I am no apologist for France--nor do I know how any American,

particularly a member of Congress, can be the apologist for either,

after France and England have both expressly admitted, that their

Orders in Council and decrees were direct violations of the law of

nations, and adopted from necessity, as a measure of retaliation

against each other, and have each charged the other with the first

aggressions on our neutral rights. On examining that subject, I find

that England, by her Orders in Council of May, eighteen hundred and

six, by proclamation had placed France in a state of blockade; that

France in eighteen hundred and seven had placed the British isles in

a like manner in a state of blockade; that England, by her Orders in

Council of the eleventh of November, eighteen hundred and seven, laid a

toll on neutral vessels, and made them pass through her ports; France,

by her decree of the seventeenth of December, eighteen hundred and

seven, declared the vessels submitting to that order denationalized,

and lawful prize; so that by their new principle of blockade, and

their unprincipled retaliations, the commerce of the United States was

cut up by the roots. The American Government, anxious to preserve the

remnant of the property of the American merchants, that had escaped

the rapacity of the tyrant of the ocean, on the twenty-second of

December, eighteen hundred and seven, passes the embargo law, which the

seditious clamors of certain arch traitors in the Eastern States, the

violation of the law by treason and cupidity, induced Congress on the

first of March, eighteen hundred and nine, to repeal, and to pass the

present non-intercourse law, continued, under which France has revoked

her decrees of Berlin and Milan, and now expects us to fulfil the

conditions which we voluntarily imposed on ourselves, in the event of

either revoking their decrees.

Sir, while Great Britain finds such able advocates on this floor,

she will find no necessity to redress our wrongs, but will wait the

issue of our proceedings in Congress, to see if our remedial laws are

not repealed, or our citizens excited to oppose their execution. But

we ought not to be surprised at this, when we take a retrospective

view of their conduct, their united and uniform opposition to the

Administration for many years. They have reprobated every measure--Mr.

Erskine's British treaty only excepted--and, as soon as that was

rejected by the British Government, as being made contrary to

instructions, our Administration was charged with making it, knowing

that Mr. Erskine had no authority, and with seducing him to make it

contrary to instructions. Afterwards, when Mr. F. J. Jackson, of

Copenhagen memory, was sent over as a Minister, while his hands were

yet stained with the innocent blood of the inhabitants of Copenhagen,

and insulted the administration with the charge of making the treaty

with Mr. Erskine, knowing that he had no authority to make it, and

after the peremptory asseveration "that Government had no such

knowledge, that with such knowledge no such arrangement would have been

made," and "that no such insinuation could be admitted," he replied,

"that he made no insinuation, without being able to substantiate a

fact, and in that I must continue;" thereby persevering in the charge

of falsehood in the Administration for which he was dismissed. Again

our Government was expressly charged with knowing that Mr. Erskine

had no authority, and with dismissing Mr. Jackson without any just

cause; that his charge was true, and that in this the Government acted

under the influence of France. In order to make such an impression

on the public mind, Mr. Jackson is treated with uncommon attention.

When he arrives at Baltimore he is surrounded by tories, royalists,

Burrites, and British agents, and treated with great politeness--when

he arrives in Philadelphia, he is overwhelmed by the civilities of

refugees, tories, Burrites, and United States' Bank directors--when

he arrives at New York, he is received with open arms by a set of

beings of the same description, who invite him to a public dinner,

and to test their attachment to the British Government treat him to

"God save the King"--when he reaches Boston, there is great parade

indeed; he is welcomed to the city by tories, traitors, disorganizers,

and embargo-breakers, and Fanueil Hall, once the Council Chamber of

the patriots of the Revolution, is prostituted to the disgraceful

purpose of a public dinner to this disgraced Minister, and there we

see a distinguished Senator of the United States testing his loyalty

by the toast of "Britain's fast anchored isle, the world's last hope."

After this hasty review of the past, we ought not to be surprised at

any measures that may be taken against the Administration, when Great

Britain is in the question.

SATURDAY, February 23.

_Commercial Intercourse._

Mr. MILNOR said: Mr. Chairman, when I take a view of the course which

has been pursued in relation to this subject, during the present

session, I confess I feel greatly surprised that we should be called

upon to adopt the present measure. It will be recollected, sir, that,

at a very early period, the honorable chairman of the Committee on

Foreign Relations, reported a bill supplemental to the act of the 1st

of May last. Although the gentleman did make one or two feeble attempts

to call it up for consideration, yet it was manifest that there was a

general indisposition to act upon it at that time. This, in the opinion

of myself and many others, arose from a doubt in the good faith of

the Emperor of the French. It was true that he had, through the Duke

of Cadore, declared that the Berlin and Milan decrees were revoked

on the 5th of August and that they should cease to have effect after

the first of November; and it was also true that the President of the

United States had, by his proclamation of the 2d of November, declared,

not simply that this promise had been given, but that the decrees were

revoked, and had ceased to operate. Notwithstanding this declaration

of the President, the previous conduct of the French Emperor inspired

an almost universal doubt of his good faith, and the curious character

of the declaration made by Cadore, was calculated to increase it. The

decrees of Berlin and Milan were revoked; that is, dead on the 5th of

August, and ceased to have effect; that is, to live on the first of

November; thus this creature had the wonderful faculty of being dead

and alive at the same time; of ceasing to have effect, and acting with

full vigor at the same instant. While all was doubt and hesitation,

despatches were received from Mr. Russell, our Chargé d'Affaires at

Paris, which made it apparent that the decrees which were to cease to

have effect on the first of November, were, in the month of December,

still in existence, and in full and practical operation. It is now

evident that the President was duped by the French Emperor, and led

to issue a proclamation on the faith of his promise, declaring a fact

which did not exist. So convinced were the House that this was the true

state of the case, that the honorable chairman of the Committee on

Foreign Relations himself moved to recommit the bill he had previously

introduced, and it was done. What, then, I would ask, sir, has since

occurred to alter the face of affairs, to induce this new attempt

to fasten on the restrictive system against our intercourse with

Great Britain? Is there any thing in the last communication from the

President, calculated to produce such an effect? On the contrary, it

furnishes the most conclusive evidence of the treachery of Bonaparte,

and ought to serve as a beacon to warn us against trusting him further.

It is true that there is a letter from Mr. Pinkney to Lord Wellesley,

dated December 10th, in which the former labors to prove, that Cadore's

note to Armstrong is an absolute repeal of the French decrees, without

any conditions precedent, and that therefore the British Government

ought to be satisfied of its validity, and take immediate measures

for revoking their orders and blockades, agreeably to their promise.

But, it unfortunately happened that, on the same day on which our

Minister at London was performing his duty, in transmitting his able

but theoretical argument to the British Ministry, our Minister at Paris

was also performing his duty in remonstrating against the practical

operation of those very decrees, which were to have ceased to have

effect on the first of November. [Here Mr. M. read the letter of Mr.

Russell to the Duke of Cadore, dated December 10th, remonstrating

against the seizure of the brig New Orleans Packet, it being the only

case, as declared by Mr. Russell, to which the decrees could be applied

subsequent to the first of November.]

I recollect, sir, when Mr. Russell's correspondence was communicated

to this House, an apology was set up for the French Emperor. It was

alleged that the President's proclamation had not arrived in France at

the time of the seizure of the New Orleans Packet, and that Bonaparte,

having received no evidence of the intention of the American Government

to fulfil their engagement, had used the precautionary measure of

seizing the vessel, until he should receive some evidence of our good

faith; and we were exultingly told that the President's proclamation

would put all to rights, by satisfying his doubting Majesty of our

sincerity, and would induce him to release all property seized

subsequent to the first of November, and once more to put an end to

those nine-lived decrees. How has this prediction been verified? The

President's proclamation was communicated to the French Government

on the 12th of December, two days after Mr. Russell's remonstrance;

and yet, for any thing we know, that remonstrance remains unanswered,

and the New Orleans Packet remains under seizure to this very day. It

is true that, after waiting thirteen days, His Majesty condescended

to direct the partial suspension of the decrees, thereby giving the

most positive proof not only of their existence, but of their active

operation. On the 25th of December, the Dukes of Massa and of Gaete,

by the direction of their master, severally wrote a letter to the

officers connected with their respective departments, directing them

to suspend the operation of those very decrees, so far as respected

the condemnation of vessels and cargoes seized after the first of

November; not only those then in custody, but such as should thereafter

be seized. I will read a part of those letters for the purpose of

refreshing the memories of gentlemen on the subject. The Duke of

Massa writes to the President of the Council of Prizes as follows:

"In consequence of this engagement entered into by the Government

of the United States, to cause their rights to be respected, His

Majesty orders that all the causes that may be pending in the Council

of Prizes, of captures of American vessels, made after the first of

November, and those that may in future be brought before it, shall not

be judged according to the principles of the decrees of Berlin and

Milan, but that they shall remain suspended; the vessels captured or

seized to remain only in a state of sequestration, and the rights of

the proprietors being reserved for them until the 2d February next,

the period at which, the United States having fulfilled the engagement

to cause their rights to be respected, the said captures shall be

declared null by the Council--and the American vessels restored,

together with their cargoes, to the proprietors." The letter of the

Duke of Gaete is of a similar import. I will read a single paragraph,

which is as follows: "His Majesty having seen in these two pieces" (the

President's proclamation and Gallatin's circular to the collectors)

"the enunciation of the measures which the Americans purpose taking on

the second of February next, to cause their rights to be respected, has

ordered me to inform you that the Berlin and Milan decrees must not be

applied to any American vessels that have entered our ports since the

first of November, or may enter in future; and that those which have

been sequestered, as being in contravention of these decrees, must be

the object of a special report."

Here, sir, we find these two officers, by direction of their master,

explicitly recognizing the existence of the Berlin and Milan decrees,

and suspending their operation not as to sequestration, but only as

to condemnation. Not only those which had arrived after the first of

November, but those which should thereafter arrive, were to be held

in a state of sequestration, and to be subject to a special report.

With this plain statement before their eyes, will gentlemen assert,

can they possibly believe, that the decrees were revoked and ceased to

have effect on the first of November? They surely cannot. If, then,

the declaration of the fifth of August is proved to be false, and the

assurance that the decrees should cease to have effect after the first

of November was mere delusion, what becomes of the act of the first

of May, and of the President's proclamation? Sir, they are mere dead

letters, having no binding force or operation. The practical operation

of the act of the first of May was to depend upon the performance of

certain conditions on the part of one or the other of the belligerents,

and the President's proclamation was intended as a mere notification

of such performance. Admitting, then, that a faithful performance of

the pledge of the fifth of August, on the part of France, would have

had a binding force on us to carry our part of the agreement into

effect, can any man under the existing circumstances believe we are so

bound? Can a violation of a solemn pledge confer an obligation which

was only intended to be created on the complete fulfilment of that

pledge? Surely not. Sir, the law of the first of May, professed, on the

face of it, to be impartial towards the two nations who have violated

our rights. It promised that, if either would so revoke or modify her

edicts as that they should cease to violate the neutral commerce of the

United States, in that case certain restrictive measures should be

revived against the other. Have either complied? France did, indeed,

make a declaration that her edicts were revoked, and should cease to

have effect on a certain day. That day has long since passed, and, for

any thing we know, those edicts are in full operation. Nay, we have

positive proof of their active existence, nearly two months after they

were to have ceased; for, on the 25th of December, their operation as

to the condemnation of American property was suspended, while their

power to sequester was absolutely recognized and continued. With

such glaring, such positive proof before our eyes, of the perfidy of

France, we are about to act as though we believed she had performed

her promise with the utmost good faith. Nay, more, sir; if she had,

indeed, complied with her engagement, she could require nothing more

of us than the act of the 1st of May last; that was the full amount of

our engagement, the utmost limit of our bond. Upon, and in consequence

of that, was the Emperor's promise founded. Yet we are not satisfied

with that; persisting, in the face of the most positive and conclusive

testimony to the contrary, to affect to believe that he has performed

his promise, we are going beyond our contract; and, lest some doubts

should arise of the Emperor's want of faith, lest our courts should

decide, as they must decide, that the decrees being still in force,

the act of the first of May is a mere dead letter, we are about to

volunteer our services, and, by the section of the bill now under

consideration, to revive those sections of the old non-intercourse law

which were intended in a certain event to have been revived by the act

of the first of May; to revive them against Great Britain, and that

without exacting any conditions on the part of France. And must this

sacrifice be made in order to bolster up the President's proclamation

so prematurely issued? Must the best interests of the nation be put to

hazard to save him the mortification of acknowledging his error and

retracing his steps? Here, I fear, lies the true motive for our present

procedure.

This restrictive system is now to be revived against England, the

French decrees being in full force and operation against us at the

same time. Is this an honest neutrality? Is it equal and exact justice

to those two nations? Is it not rewarding the perfidy of the one

at the expense of the other, and at the expense of ourselves? Let

us be cautious how we proceed in this course. If France choose, in

consequence of our non-intercourse law of 1809, which was equal in

its operation as to both nations, to take it so much in dudgeon as to

confiscate the whole of the American property within her power, even

that which had sought the rights of hospitality in her ports, how much

more may Great Britain feel herself justified in retaliating on this

most partial and unjust measure which we are about to adopt against

her, by confiscating the millions of our property now within her power.

And if we have been silent under the former, and have apparently

acquiesced in it, what shall we, what can we, say, in case the latter

event should take place? But, sir, the apologists of France tell us

that His Majesty, the Emperor, has pledged his royal word that the

decrees shall cease to operate as it respects us; and that, though he

has thought proper to postpone the measure from the first of November

to the second of February, he has only done so in order to ascertain

whether we mean to go on to fulfil our engagements with good faith;

that he is only holding our property seized since the first of November

as security for our performance; and that, when he finds we are

determined to resist the illegal orders and blockades of Great Britain,

he will give up the property of our citizens. How insulting, this, to

American feelings, to be told that a total violation of faith on the

part of this man is excusable, because he chooses to suspect our faith.

But, sir, do these people really believe the property of our citizens

will be given up after the second of February, and in consequence of

the measure we are now about to adopt? When did that voracious monster

ever disgorge the plunder he had once received into his insatiable maw?

Of the millions upon millions of which he has, at different times, and

under various pretexts, plundered our unsuspecting citizens, where is

the instance of a single dollar returning to its rightful owner? No,

sir, let it once get within his iron grasp, and it is lost forever.

The present measure is evidently intended as a propitiatory sacrifice

to conciliate Napoleon--to induce him to become our friend, and to

cease to rob and plunder our defenceless citizens. Is it calculated

to produce this effect? Short-sighted as we confessedly are, sir, I

should suppose we can scarcely be such silly politicians as to expect

such an effect from such a measure. A brief view of the course which

has been pursued, and is pursuing, by the Emperor of France, must

produce a conviction in every unprejudiced mind, that he is not to

be diverted from his purpose by a toy like this. Sir, it must be

evident to every mind that his ambition soars to universal conquest.

To this point all his measures tend--every other consideration is

made to yield. For the accomplishment of this object, almost every

nation on the Continent of Europe has been insulted, plundered, and

subdued. To this end the external commerce of the continent has been

annihilated, the agricultural and manufacturing interests have been

depressed, and millions of his own subjects, and those of nations under

his influence, impoverished and ruined. But there is one impediment

to his gigantic project. Britain, proud, haughty Britain, stands in

the way, and puts a stop to his career. Isolated, as she happily is,

and the proud mistress of the ocean, she presents an impenetrable

barrier to his ambitious views. But Britain must be humbled, she must

be subdued. Her power on the ocean must be destroyed; and, to effect

this, she must be attacked through her commerce and manufactures.

For this purpose, what he is pleased to call his great continental

system has been devised and rigorously enforced. Finding that all his

restrictions and confiscations, aided by all his civil and military

power, could not prevent the introduction of British merchandise upon

the continent, he has resorted to a plan which promises to be more

effectual. Regardless of the rights and interests of his subjects, he

does not inquire whose the property may be; if it is of British origin

it is committed to the flames. Such is his plan; such are the efforts

and sacrifices he is making to insure its accomplishment. And yet, Mr.

Chairman, it would seem as if we had the consummate folly to believe

that we can appease this merciless tyrant by so weak, so silly, so

futile a measure as this one now under consideration. We seem to have

the madness to believe that this man, after the immense sacrifices he

has made for the attainment of his object, would yield that object in

our favor, and in order to be upon friendly terms with us would forego

all other considerations. And from what premises is such a conclusion

drawn? Is it from his past treatment of us? Let us, Mr. Chairman, take

a brief review of his past conduct towards us, in order to see what we

may expect in future. It is some years since he ordered our ships and

cargoes to be burned upon the ocean, and many were burnt. He has, at

various terms, and under different pretexts, seized and confiscated

the property of our citizens on the ocean, and in his ports, and in

the ports of his vassals. No longer ago than last spring, he told us

that we were without just political views, without honor, without

energy; and that, after refusing to fight for honor, we might find it

necessary to fight for interest. This insulting declaration, which

was dated on the 14th of February, was followed on the 23d of March

by the Rambouillet decree, which confiscated all American vessels

and cargoes which had arrived from the 20th of May, 1809, or should

thereafter arrive in any port of France, her allies, or those occupied

by her arms. Thus was from twenty to thirty millions of the property

of our unsuspecting and confiding citizens, who had sought the rights

of hospitality in his ports, sacrificed without a pretext, or with a

pretext which added to the injury. Finding, after this gross violation

of every principle which ought to govern honest and honorable nations,

that our merchants, taught by sad experience that there was no safety

within the range of his power, would venture there no more, he found

it necessary to throw out another lure to entice the unwary within his

reach. His tone is now suddenly changed. Instead of the haughty and

insulting tyrant, he assumes the shape of a fond and doating lover.

"His Majesty loves the Americans. Their prosperity and their commerce

are within the scope of his policy. He is pleased in aggrandizing the

United States." Yes, truly, His Majesty loves the Americans! If not

for our persons, yet for our property, he has given the most ample and

convincing proofs of his love. These sugared words, displaying so much

of the milk of human kindness, seem to have perfectly reconciled us to

his loving Majesty, and to have quite obliterated the remembrance of

his harsh and unkind language so lately used towards us. And not only

so, but it seems to have fully compensated us for all his robberies;

and we forbear to touch that string, lest he might be somewhat ruffled,

and once more induced to vent his anger on us. But lest his bare

professions of love should not have the desired effect of inducing

the Americans once more to place their property within his power, he

directed his Minister to declare that the Berlin and Milan decrees were

revoked, and should cease to have effect after the first of November.

Our Administration, confiding in his assurances, in the face of all his

previous conduct, published the proclamation of the second of November,

and thereby assisted in deceiving our too credulous citizens. But few,

however, ventured to place trust in him; and those who did, have met

with a fate which every man of reflection ought to have anticipated.

If, sir, such has been the course of that man's conduct towards us,

(and that it has, I appeal to all the documents which have been laid

before us,) I would ask why are we called upon to pass the section now

under consideration? To me, it is matter of mystery and astonishment.

MONDAY, February 25.

_Commercial Intercourse._

The House resumed the consideration of the unfinished business of

Saturday last, to wit, the 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," and the amendments reported thereto by the Committee of the

whole House. The said amendments were read at the clerk's table.

Mr. QUINCY.--Mr. Speaker: The amendments contained in the sections

under consideration, contemplate the continuance and enforcement of the

non-intercourse law. This proposition presents a great, an elevated

and essential topic of discussion, due to the occasion, and claimed

by this people, which comprehends within the sphere and analogies of

just argument, the chief of those questions, the decision of which, at

this day, involves the peace, the happiness, and honor of this nation.

Whatever has a tendency to show, that if the system of non-intercourse

exist, it ought not to be continued; or, that if it do not exist, it

ought not to be revived; whatever has a tendency to prove, that we

are under no obligation to persist in it, nor under any obligation to

abandon it, is now within the fair range of debate.

After long delay, and much coy demeanor, the Administration of this

country have condescended to develop their policy. Though they have not

spoken to our mortal ears, with their fleshly tongues, yet they have

whispered their purposes through the constituted organs of this House.

And these are the features of the policy which they recommend: it is

proposed to grant particular and individual relief from anticipated

oppressions of the commercial restrictive system. It is proposed to

perpetuate that system, indefinitely, and leave our citizens, still

longer, subject to its embarrassments, its uncertainty and its terrors.

The chairman of our Committee of Foreign Relations, (Mr. EPPES,) at

the time he introduced these amendments to the House, exhibited the

true character of this policy, when he told us that it was "modelled

upon the principle not to turn over to the Judiciary the decision of

the existence of the non-intercourse law, but to make it the subject

of legislative declaration." In other words, it is found that the

majority of this House have too much policy to deny, and too much

principle to assert, that the fact, on which, and on which alone, the

President of the United States was authorized to issue his proclamation

of the second of November last, has occurred. A scheme has, therefore,

been devised, by which, without any embarrassment on this intricate

point, the continuance and enforcement of non-intercourse may be

insured, and toils, acceptable to France, woven by the hands of our own

Administration, spread over almost the only remaining avenue of our

commercial hope.

The proposition, contained in these amendments, has relation to the

most momentous and most elevated of our legislative obligations. We

are not, now, about to discuss the policy by which a princely pirate

may be persuaded to relinquish his plunder; nor yet the expectation

entertained of relaxation, in her belligerent system, of a haughty,

and perhaps jealous rival; nor yet the faith which we owe to a

treacherous tyrant; nor yet the fond, but frail hopes of favors from a

British regency, melting into our arms, in the honeymoon of power. The

obligations which claim our observance are of a nature much more tender

and imperious; the obligations which, as Representatives, we owe to

our constituents; the allegiance by which we are bound to the American

people; the obedience which is due to that solemn faith, by which we

are pledged to protect their peace, their prosperity, and their honor.

All these high considerations are materially connected with this policy.

It is not my intention, Mr. Speaker, to dilate on the general nature

and effects of this commercial restrictive system. It is no longer a

matter of speculation. We have no need to resort for illustration of

its nature to the twilight lustre of history, nor yet to the vibrating

brightness of human intellect. We have experience of its effects.

They are above, around, and beneath us. They paralyze the enterprise

of your cities. They sicken the industry of your fields. They deprive

the laborer and the mechanic of his employment. They subtract from the

husbandman and planter the just reward for that product which he has

moistened with the sweat of his brow. They crush individuals, in the

ruins of their most flattering hopes, and shake the deep-rooted fabric

of general prosperity.

It will, however, be necessary to say a word on the general nature

of this system. Not so much for the purpose of elucidating, as to

clear the way, and give distinctness to the course of my argument. It

will also be useful to deprive the advocates of this system of those

colors and popular lures, to which they resort, on a subject in no way

connected with the objects with which they associate it.

My argument proceeds upon the assumption of the irrelevancy of four

topics, usually adduced in support of the system contained in the law

of May, 1810, and of March, 1809; commonly called the non-intercourse

system. I take for granted that it is not advantageous; in other

words, that it is injurious; that it is not fiscal in its nature; nor

protective of manufactures; nor competent to coerce either belligerent.

That it is injurious is certain, not only because it is deprecated by

that part of the community which it directly affects, but because no

man advocates it as a permanent system, and every one declares his

desire to be rid of it. Fiscal it cannot be, because it prohibits

commerce, and consequently revenue; and by the high price and great

demand for foreign articles, which it produces, encourages smuggling.

Protective of manufactures it cannot be, because it is indiscriminate

in its provisions and uncertain in its duration; and this uncertainty

depends, not on our legislative discretion, but on the caprice of

foreign powers; our enemies, or rivals. No commercial system, which

is indiscriminate in its restrictions, can be generally protective

to manufactures. It may give a forced vivacity to a few particular

manufactures. But in all countries, some, and in this almost all

manufactures, depend, either for instruments or subjects, on foreign

supply. But, if this were not the case, a system, whose continuance

depended upon the will or the ever variant policy of foreign nations,

can never offer such an inducement to the capitalist, as will encourage

him to make extensive investments, in establishments resting on such

precarious foundations. As to the incompetency of this system to coerce

either belligerent, I take that for granted, because no man, as far

as I recollect, ever pretended it; at least no man ever did show, by

any analysis, or detailed examination of its relative effects on us,

and either belligerent, that it would necessarily coerce either out

of that policy which it was proposed to counteract. Embargo had its

friends. There were those who had a confidence in its success. But who

was ever the friend of non-intercourse? Who ever pretended to believe

in its efficacy? The embargo had a known origin, and the features of

its character were distinct. But "where, and what was this execrable

shape--if shape it may be called, which shape has none?" We all know

that the non-intercourse was not the product of any prospective

intelligence. It was the result of the casual concurrence of chaotic

opinions. It was agreed upon, because the majority could agree upon

nothing else. They who introduced it, abjured it. They who advocated

it, did not wish, and scarcely knew its use. And now that it is said to

be extended over us, no man, in this nation, who values his reputation,

will take his Bible oath that it is in effectual and legal operation.

There is an old riddle on a coffin, which I presume we all learned

when we were boys, that is as perfect a representation of the origin,

progress, and present state of this thing, called non-intercourse, as

is possible to be conceived.

"There was a man bespoke a thing,

Which when the maker home did bring,

That same maker did refuse it;

The man that spoke for it did not use it,

And he who had it did not know

Whether he had it;--yea, or no."

True it is, that if this non-intercourse shall ever be, in reality,

extended over us, the similitude will fail, in a material point. The

poor tenant of the coffin is ignorant of his state. But the poor

people of the United States will be, literally, buried alive in

non-intercourse; and realize the grave closing on themselves and their

hopes with a full and cruel consciousness of all the horrors of their

condition.

For these reasons, I put all such common-place topics out of the field

of debate. This, then, is the state of my argument; that as this

non-intercourse system is not fiscal, nor protective of manufactures,

nor competent to coerce, and is injurious, it ought to be abandoned,

unless we are bound to persist in it, by imperious obligations. My

object will be to show that no such obligations exist; that the present

is a favorable opportunity, not to be suffered to escape, totally to

relinquish it; that it is time to manage our own commercial concerns,

according to our own interest; and no longer put them into the keeping

of those who hate or those who envy their prosperity; that we are the

constituted shepherds, and ought no more to transfer our custody to the

wolves.

It is agreed, on all sides, that it is desirable to abandon this

commercial restrictive system. But the advocates of the measure now

proposed, say that we cannot abandon it, because our faith is plighted.

Yes, sir, our faith is plighted; and that, too, to that scrupulous

gentleman, Napoleon; a gentleman so distinguished for his own regard of

faith; for his kindness and mercies towards us; for angelic whiteness

of moral character; for overweening affection for the American people

and their prosperity. Truly, sir, it is not to be questioned, but that

our faith should be a perfect work towards this paragon of purity. On

account of our faith, plighted to him, it is proposed to continue this

non-intercourse.

But, Mr. Speaker, we may be allowed, I presume, to inquire whether

any such faith be plighted. I trust we are yet freemen. We are not

yet so far sunk in servility, that we are forbidden to examine into

the grounds of our national obligations. Under a belief that this is

permitted, I shall enter upon the task, and inquire whence they arise

and what is their nature.

Whence they arise is agreed. Our obligations result, if any exist,

under the act of May the first, 1810, called "An act concerning the

commercial intercourse between the United States and Great Britain

and France, and their dependencies, and for other purposes." It

remains, therefore, to inquire into the character of this act, and the

obligations arising under its provisions.

Before, however, I proceed, I would premise, that whether I shall

obtain, I am doubtful, but I am sure that the nature of my argument

deserves, the favor and prepossession for its success, of every member

in the House. My object is to show, that the obligation which we owe to

the people of the United States, is a free and unrestricted commerce.

The object of those who advocate these measures is to show that the

obligation we owe to Napoleon Bonaparte, is a commerce restricted and

enslaved. Now, as much as our allegiance is due more to the people

of the United States than it is to Napoleon Bonaparte, just so much

ought my argument to be received by the American Congress, with more

favor and prepossession than the argument of those who advocate these

measures. It is my intention to make my course of reasoning as precise

and distinct as possible. Because I invite scrutiny, I contend for

my country according to my conscientious conceptions of its best

interests. If there be fallacy, detect it. My invitation is given to

generous disputants. As to your stump orators, who utter low invective

and mistake it for wit, and gross personality, and pass it off for

argument, I descend not to their level; nor recognize their power to

injure; nor even to offend.

Whatever obligations are incumbent upon this nation, in consequence

of the act of the first of May, 1810, they result from the following

section: "_And be it further enacted_, That in case either Great

Britain or France shall, before the third day of March next, so revoke

or modify her edicts as that they shall cease to violate the neutral

commerce of the United States, which fact the President of the United

States shall declare by proclamation, and if the other nation shall

not, within three months thereafter, so revoke or modify her edicts,

in like manner, then the third, fourth, fifth, sixth, seventh, eighth,

ninth, tenth, and eighteenth sections of the act, entitled 'An act

to interdict the commercial intercourse between the United States

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

purposes,' shall, from and after the expiration of three months from

the date of the proclamation aforesaid, be revived and have full

force and effect, so far as relates to the dominions, colonies, and

dependencies of the nation thus refusing or neglecting to revoke or

modify her edicts in manner aforesaid. And the restrictions imposed

by this act shall, from the date of such proclamation, cease and be

discontinued in relation to the nation revoking or modifying her

decrees, in the manner aforesaid."

Divested of technical expression, this is the abstract form of this

section. It provides that a new commercial condition shall result, on

the occurrence of a specified fact; which fact the President shall

declare. On this state of the subject I observe that nothing in the act

indicates whether the object of the United States, in providing for

this eventual commercial condition, was its own benefit, convenience,

or pleasure; or whether it was in the nature of a proffer to foreign

nations. It will, however, be agreed on all sides, that the object

was either the one or the other. If the object were our own benefit,

convenience, or pleasure, it will not be pretended that we are under

any obligation to continue the system. For that which was adopted,

solely for either of these ends, may, whenever our views concerning

them vary, be abandoned; it being the concern of no other. But it is

said that the act was, in truth, a proffer to the two belligerents,

of commerce to the obsequious nation, prohibition of commerce to the

contumacious nation. If this were the case, I shall agree, for the

sake of argument, that it ought to be fulfilled to the full extent

of the terms. But inasmuch as there is, in the terms of the act,

no indication of such a proffer, it follows that its nature must

arise from the circumstances of the case; and that the whole of the

obligation, whatever it is, grows out of an honorable understanding,

and nothing else. As such, I admit, it should be honorably fulfilled.

The nature of this proffer is that of a proposition upon terms. Now

what I say is, and it is the foundation of my argument, that whoever

claims an honorable compliance with such a proposition, must be able

to show, on his part, an honorable acceptance and fulfilment of the

terms. The terms our act proposed were--an act to be done; an effect

to be produced. The act to be done was, the revocation or modification

of the edicts. The effect to be produced was that this revocation or

modification should be such as that these edicts should "cease to

violate our neutral commerce." Now the questions which result are,

has the act been done? If done, has it been so done as to amount to

an honorable fulfilment or acceptance of our terms? The examination

of these two points will explain the real situation of these United

States, and the actual state of their obligations.

In considering the question whether the fact of revocation, or

modification, has occurred, it is unfortunate that it does involve,

at least in popular estimation, the propriety of the proclamation,

issued on the second of November last, by the President of the

United States. I regret, as much as any one, that such is the state

of things, that the question, whether a foreign despot has done a

particular act, seems necessarily to be connected with the question

concerning the prudence and perspicacity with which our own Chief

Magistrate has done another act. I say in popular estimation these

subjects seem so connected. I do not think that, in the estimation of

wise and reflecting men, they are necessarily thus connected. For the

fact might not have occurred precisely in the form contemplated by

the act of May, 1810, and yet the President of the United States, in

issuing his proclamation, might be either justifiable or excusable.

It might be justifiable. A power intrusted to a politician to be used

on the occurrence of a particular event, for the purpose of obtaining

a particular end, he may sometimes be justifiable in using, in a case

which may not be precisely that originally contemplated. It may be

effectually, though not formally, the same. It may be equally efficient

in attaining the end. In such a case a politician never will, and

perhaps ought not to hesitate at taking the responsibility, which

arises from doing the act in a case not coming within the verbal scope

of his authority. Thus, in the present instance. The President of the

United States might have deemed the terms, in the letter of the Duke

of Cadore, such as gave a reasonable expectation of acceptance on the

part of Great Britain. He has taken the responsibility. He has been

deceived. Neither Great Britain accepts the terms, nor France performs

her engagements. The proclamation might thus have been wise, though

unfortunate in its result. And as to excuse, will it be said that there

is nothing of the sort in this case? Why, sir, our Administration saw

the Great Napoleon, according to his own confession, over head and ears

in love with the American people. At such a sight as this, was it to be

expected of flesh and blood that they should hesitate to plunge into a

sea of bliss, and indulge in joy with such an amorous Cyprian?

But, whether the fact has occurred, on which alone this proclamation

could have legally issued, is a material inquiry and cannot be evaded,

let it reach where or whom it will. For with this is connected the

essential condition of this country; on this depends the multiplied

rights of our fellow-citizens, whose property has been or may be seized

or confiscated under this law: and hence result our obligations, if

any, as is pretended, exist. It is important here to observe, that,

according to the terms of the act of May 1, 1810, the law of March 1,

1809, revives on the occurrence of the fact required, and not on the

proclamation issued. If the fact had not occurred, the proclamation

is a dead letter, and no subsequent performance of the required fact,

by either belligerent, can retroact so as to give validity to the

previous proclamation. The course required by the act of the 1st of

May, 1810, unquestionably is, that the fact required to be done should

be precedent, in point of time, to the right accruing to issue the

proclamation; and of consequence that, by no construction, can any

subsequent performance of the fact required operate backward to support

a proclamation issued previous to the occurrence of that fact? Whenever

this fact is really done, a new proclamation is required to comply with

the provisions of the act, and to give efficacy to them.

I am the more particular in referring to this necessary construction,

resulting from the terms of the act of the first of May last, because

it is very obvious that a different opinion did until very lately,

and probably does now, prevail on this floor. We all recollect what a

state of depression the conduct of Bonaparte in seizing our vessels,

subsequent to the first of November, produced, as soon as it was

known in this House, and what a sudden joy was lighted up in it,

when the news of the arrival of a French Minister was communicated.

Great hopes were entertained and expressed, that he would bring some

formal revocation of his edicts, or disavowal of the seizures which

might retroact and support the proclamation. It was confidently

expected that some explanation, at least of these outrages, would be

contained in his portmanteau; that under his powder-puff, or in his

snuff box, some dust would be found to throw into the eyes of the

American people, which might so far blind the sense, as to induce

them to acquiesce in the enforcement of the non-intercourse, without

any very scrupulous scrutiny into the performance of the conditions

by Bonaparte. But, alas! sir, the Minister is as parsimonious as his

master is voracious. He has not condescended to extend one particle,

not one pinch of comfort to the Administration. From anything in

the Messages of our President, it would not be so much as known

that such a blessed vision, as was this new Envoy, had saluted his

eyes. His communications preserve an ominous silence on the topic.

Administration, after all their hopes, have been compelled to resort

to the old specific, and have caused to be tipped upon our tables a

cart-load of sand, grit, and sawdust, from our metaphysical mechanic,

who seesaws at St. James', as they pull the wire here in Washington.

Yes, sir, a letter written on the tenth day of December last, by our

Minister in London, is seriously introduced to prove, by abstract

reasoning, that the Berlin and Milan decrees had ceased to exist on the

first of the preceding November, of whose existence, as late as the

25th of last December, we have, as far as the nature of things permit,

ocular, auricular, and tangible demonstration. And the people of this

country are invited to believe the logic of Mr. Pinkney in the face of

the fact of a continued seizure of all the vessels which came within

the grasp of the French custom-house, from the first of November, down

to the date of our last accounts; and, in defiance of the declaration

of our Chargé d'Affaires, made on the 10th of December, that "it will

not be pretended that the decrees have in fact been revoked," and in

utter discredit of the allegation of the Duke of Massa, made on the

25th of the same month, which, in effect, declares the Berlin and

Milan decrees exist, by declaring "that they shall remain suspended."

After such evidence as this, the question whether a revocation or

modification of the edicts of France has so occurred "as that they

cease to violate the neutral commerce of the United States," does no

longer depend upon the subtleties of syllogistic skill, nor is to be

disproved by any power of logical illation. It is an affair of sense

and feeling. And our citizens, whose property has been, since the first

of November, uniformly seized, and of which they are avowedly to be

deprived three months, and which is then only to be returned to them

on the condition of good behavior, may as soon be made to believe, by

the teaching of philosophy, that their rights are not violated, as a

wretch, writhing under the lash of the executioner, might be made by a

course of reasoning to believe, that the natural state of his flesh was

not violated, and that his shoulders, out of which blood was flowing at

every stroke, were in the quiet enjoyment of cuticular ease.

Whether the revocation expressed in the letter of the Duke of Cadore,

was absolute or conditional, or whether the conditions were precedent

or subsequent, in the present state of our evidence, it seems scarcely

important to inquire. Yet the construction of that celebrated passage,

in his letter of the 5th of August, has been, as I have ever seen,

given so much in the manner of lawyers, and so little in that of

statesmen, that it deserves a short elucidation; how much the words

"it being understood that," in their particular position are worth;

and whether they have the effect of a condition precedent, or of a

condition subsequent. A statesman will look at the terms contained in

that letter in a different aspect, not for the purpose of ascertaining

how much a court of law might be able to make of them, as to discern

in what position of language the writer intended to intrench himself,

and to penetrate his real policy, notwithstanding the veil in which he

chose to envelope it. He will consider the letter in connection with

the general course of French policy, and the particular circumstances

which produced it. By these lights, it is scarcely possible to mistake

the character and true construction of these expressions. Upon

recurring to the Berlin and Milan decrees, it will be found that they

contain a solemn pledge, that "they shall continue to be rigorously in

force, as long as that (the English) Government does not return to the

principle of the law of nations." Their determination to support this

pledge, the French Government has uniformly and undeviatingly declared.

They have told us constantly that they require a previous revocation on

the part of Great Britain, as the condition of their rescinding those

edicts. The question who should first revoke their edicts had come to

be, notoriously, a sort of point of honor between the two belligerents.

Perfectly acquainted with this state of things, we have been

perpetually negotiating between the one and the other, and contending

with each that it was his duty previously to revoke. At length the

French Government, either tired with our solicitations, or more

probably, seeing their own advantage in our anxiety to get rid of these

decrees, which yet, as an essential part of its continental system of

total commercial exclusion it never intended to abandon, devised this

scheme of policy, which has been the source of so much contest, and

has puzzled all the metaphysicians in England and the United States.

Cadore is directed to say to Mr. Armstrong: "In this new state of

things I am authorized to declare to you, sir, that the decrees of

Berlin and Milan are revoked, and that after the first of November they

will cease to have effect; 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." In this curious gallimaufry of time present and time future,

of doing and refraining to do, of declaration and understanding, of

English duties and American duties, it is easy to trace the design,

and see its adaptation to the past and present policy of the French

Emperor. The time present was used, because the act of the United

States required that previously to the proclamation the edicts "shall

be" revoked. And this is the mighty mystery of time present being

used, in expressing an act intended to be done in time future. For

if, as the order of time, and the state of intention indicated, time

future had been used, and the letter of Cadore had said the decrees

shall be revoked on the first of November next, then the proclamation

could not be issued, because the President would be obliged to wait

to have evidence that the act had been effectually done. Now as the

French Emperor never intended that it should be effectuated, and yet

meant to have all the advantage of an effectual deed without performing

it, this notable scheme was invented. And, by French finesse, and

American acquiescence, a thing is considered as effectually done, if

the declaration that it is done be made in language of time present,

notwithstanding the time of performance is in the same breath declared

to be in time future. Having thus secured the concurrence of the

American administration, the next part of the scheme was so to arrange

the expression that either the British Government should not accede, or

if it did accede, that it should secure to France the point of honor--a

previous revocation by the British; and if they did not accede, that

there should be a color for seizures and sequestrations, and thus still

further to bind the Americans over to their good behavior. All this is

attained by this well-devised expression "it being understood that, in

consequence of this declaration, the English shall revoke."

Now, Great Britain either would accede to the terms, or she would not.

If she did, and did it as the terms required, in consequence of this

declaration, then it must be done previous to the first of November,

and then the point of honor was saved to France; so that thus France,

by a revocation verbally present, effectually future, would attain

an effectual previous revocation from the English. But if, as France

expected Great Britain would not trust in such paper security, and

therefore not revoke, previously to the first of November, then an

apology might be found for France, to justify her in refusing to

effectuate that present, future, and absolute, conditional revocation.

And if ever the Duke of Cadore shall condescend, which it is probable

he never will, to reason with our Government on the subject, he may

tell them that they knew that the French Emperor had issued those

decrees, upon the pledge that they were to continue until the British

abandoned their maritime principles; that he told us, over, and over,

and over again, that previous revocation by the British was absolutely

required; that for the purpose of putting to trial the sincerity of

the British, he had indeed declared that the French decrees "are

revoked," on the first day of November ensuing; but then it was on the

expressed condition that _in consequence of that declaration_, not of

the revocation, but of _that declaration_, the British were to revoke,

and, if they did not, the "understanding" was not realized; and his

rights of enforcing his system remained to him. And I confess I do not

well see what answer can be made to such an argument. Let us examine

the case in common life. You, Mr. Speaker, have two separate tracts

of land, each lying behind the farms of A and B, so that you cannot

get to one of the tracts, without going over the farm of A, nor to

the other tract without going over the farm of B. For some cause or

other, both A and B have a mutual interest that you should enjoy the

right of passage to your tract, over the farm of each respectively. A

and B get into quarrels and wish to involve you in the dispute. You

keep aloof, but are perpetually negotiating with each for your old

right of passage-way, and telling each that it is owing to him that

the other prohibits your enjoyment of it. At last A says "Come. We

will put this B to trial. I on this fifth day of August, declare my

prohibitions of passage-way are revoked, and, after the first day

of November, my prohibitions shall cease to have effect; but, it is

understood that B, _in consequence of this declaration_, shall also

revoke his prohibition of passage-way." If B refuses, does A, under the

circumstances of such a declaration, violate any obligation, should

he refuse to permit the passage? Might not A urge with great color

and force of argument, that this arrangement was the effect of your

solicitation and assurance that B would be tempted by such a proffer,

and that the revocation of B was required, by the terms, to be the

consequence of A's declaration, for the very purpose of indicating

that it must be anterior to the fact of A's effectual revocation? But

let this be as it will; suppose that you, on the first of November,

in consequence of A's assurance, had sent your servants and teams to

bring home your products, and A should seize your oxen, and teams and

products, and drive your servants, after having stripped them, from

his farm, and should tell you, that he should keep this, and all other

property of yours, on which he can lay his hands, for three months,

and then he should restore it to you, or not, as he saw fit, according

to his opinion of your good behavior. I ask, if, in any sense, you

could truly say that on the first day of November the prohibitions or

edicts of A were so revoked, that they ceased to violate your liberty

of passage? Sir, when viewed in relation to common life, the idea is

so absurd, that it would be absolutely abusive to ask the question.

I refer the decision of so simple a case to the sound sense of the

American people, and not to that of "scurvy politicians, who seem to

see the things they do not." In a condensed form my argument is this.

From a revocation merely verbal, no obligations result. By the terms of

our act the revocation must be effectual, "so as the edict shall cease

to violate our rights." Now the simple question is, whether a uniform

seizure, since the first of November, under those edicts (for none

other are pretended) of all their property, and holding it for three

months, to see how they will behave, be or be not a violation of the

rights of the American people? In relation to the revival by a formal

declaration of the non-intercourse system, as is proposed in one of

these sections, I offer this argument: Either the fact, on which the

President's proclamation could alone have been issued, has occurred

or it has not. If it has occurred, then the law of March, 1809, is

revived, and this provision, by a declarative law, is unnecessary.

If it have not occurred, then there is no obligation to revive it,

for alone on the occurrence of the specified fact does our obligation

depend. In such case the revival by declaration is a mere gratuity to

Napoleon. This is in fact the true character of the law. As to the

provisions for relief of our merchants against anticipated seizure,

I hold them scarcely deserving consideration. Heaven be praised we

have independent tribunals and intelligent juries. Our judges are not

corrupt and our yeomanry will not be swayed in their decisions, by the

hope of presidential favors, nor be guided by party influence. The

harpies of your custom-house dare as soon eat off their own claws, as

thrust them, in the present state of the law of March, 1809, into the

fatness of their fellow-citizens. The timorous and light-shunning herd

of spies and informers have too much instinct to pounce on such a prey.

But, in order to cause any obligation to result under the law of May

1, 1810, it is necessary, not only that the fact required be done, and

the effect required produced; but also the terms of that act must be

accepted. The proffer we made, if such be the character of that act,

was only to revive the non-intercourse law against the contumacious

belligerent, after three months had expired from the date of the

proclamation. Now it is remarkable, that, so far from accepting the

terms of the proposition contained in our act, as the extent of our

obligations, Bonaparte expressly tells us that they mean something

else; and something, too, that no man in this House will dare to aver

they really intend. It is also remarkable that the terms of this

celebrated letter from the Duke of Cadore, of the fifth of August,

which have been represented as a relaxation in the rigor of the French

Emperor's policy, are, in fact, something worse than the original terms

of the Milan decree, and that, instead of having obtained a boon from

a friend in this boasted letter, our Administration have only caught

a gripe from a Tartar. By the terms of the Milan decree, it was to

"cease with respect to all nations who compelled the English to respect

their flag." By the terms of the letter of Cadore, it was to cease on

condition that the United States "cause their rights to be respected."

Now, as much as an obligation, of an indefinite extent, is worse than a

definite obligation, just so much worse are the terms of the letter of

Cadore, than the original terms of the Milan decree. Mr. Speaker, let

us not be deceived concerning the policy of the French Emperor. It is

stern, unrelenting, and unrelaxing. So far from any deviation from his

original system being indicated in this letter of the Duke of Cadore, a

strict adherence to it is formally and carefully expressed. Ever since

the commencement of "his continental system," as it is called, the

policy of Napoleon has uniformly been to oblige the United States to

effectual co-operation in that system. As early as the 7th of October,

1807, his minister, Champagny, wrote to General Armstrong, that the

interests of all maritime powers were common, to unite in support of

their rights against England. After this followed the embargo, which

co-operated effectually at the very critical moment, in his great plan

of continental commercial restriction. On the 24th of the ensuing

November, he resorts to the same language--"in violating the rights of

all nations England has united them all by a common interest, and it is

for them to have recourse to force against her." He then proceeds to

invite the United States to take "with the whole continent the part of

guaranteeing itself from her injustice, and in forcing her to a peace."

On the 15th of January, 1808, he is somewhat more pointed and positive,

as to our efficient concurrence in his plan of policy. For his

Minister, Champagny, then tells us, that "His Majesty has no doubt of

a declaration of war against England by the United States," and he

then proceeds to take the trouble of declaring war out of our hands,

and volunteers his services, gratuitously, to declare it, in our name

and behalf. "War exists then, in fact, between England and the United

States; and His Majesty considers it as declared from the day on which

England published her decrees." And in order to make assurance doubly

sure, he sequesters our vessels in his ports, "until a decision may be

had on the dispositions to be expressed by the United States," on his

proposition of considering themselves "associated in the cause of all

the powers," against England. Now in all this there is no deception,

and can be no mistake, as to the purpose of his policy. He tells us,

as plain as language can speak, that "by causing our rights to be

respected," he means war, on his side, against Great Britain. That "our

interests are common"--that he considers us already "associates in the

war," and that he sequesters our property by way of security for our

dispositions. This is his old policy. I pray some gentlemen on the

other side of the House to point out in what it differs from the new.

The letter of Cadore on the fifth of August tells us, it is expected

that we "cause our rights to be respected, in conformity to our act,"

and the same letter also tells us what he understands to be the meaning

of our act. "In short, Congress engages to oppose itself to that one

of the belligerent powers which shall refuse to acknowledge the rights

of neutrals." In other words, "by causing our rights to be respected,"

he means war on his side against Great Britain. In perfect conformity

with this uniform, undeviating policy, his Minister, Turreau, tells

our Government, in his letter of the 28th of November last, that "the

modifications to be given to the present absolute exclusion of our

products will not depend upon the chance of events, but will be the

result of measures, firm and pursued with perseverance, which the two

Governments will continue to adopt to withdraw from the monopoly and

from the vexations of the common enemy a commerce loyal and necessary

to France as well as the United States." And to the end, that no one

feature of his policy should be changed, or even appear to be relaxed,

his Excellency the Duke of Massa, and his Excellency the Duke of Gaete,

in their respective letters of the 25th of December, declare, that the

property taken, shall be "only sequestered until the United States have

fulfilled their engagements to cause their rights to be respected."

Now, Mr. Speaker, is there a man in this House bold enough to maintain,

or with capacity enough to point out, any material variation between

the policy of France to this country, subsequent to the Cadore letter,

of the 5th of August, and its policy anterior to that period? The

character of the policy is one and indivisible. Bonaparte had not

yielded one inch to our Administration. Now, as he neither performed

the act required by the law of May, 1810; nor produced the effect;

nor accepted the terms it proposed; whence arise our obligations? How

is our faith plighted? In what way are we bound again to launch our

country into this dark sea of restriction; surrounded on all sides

with perils and penalties?

The true nature of this Cadore policy is alone to be discovered in

the character of his master. Napoleon is a universal genius. "He can

exchange shapes with Proteus to advantage." He hesitates at no means

and commands every skill. He toys with the weak--he tampers with the

mean--he browbeats the haughty--with the cunning he is a serpent.

For the courageous he has teeth and talons. For the cowering he has

hoofs. He found our Administration a pen and ink gentry--parchment

politicians; and he has laid, for these ephemeral essences, a paper

fly-trap, dipped in French honey. Hercules, finding that he could not

reach our Administration with his club, and that they were out of their

wits at the sight of his lion's skin, has condescended to meet them in

petticoats, and conquer them, spinning at their own distaff.

As to those who, after the evidence now in our hands, deny that the

decrees exist, I can no more reason with them than with those who

should deny the sun to be in the firmament, at noon-day. The decrees

revoked! The formal statute act of a despot revoked by the breath of

his servile Minister; uttered on conditions not performed by Great

Britain, and claiming terms not intended to be performed by us! The

fatness of our commerce secure, when every wind of heaven is burdened

with the sighs of our suffering seamen, and the coast of the whole

continent heaped with the plunder of our merchants! The den of the

tiger safe! Yet the tracks of those who enter it are innumerable, and

not a trace is to be seen of a returning footstep! The den of the

tiger safe! While the cry of the mangled victims are heard through the

adamantine walls of his cave; cries, which despair and anguish utter,

and which despotism itself cannot stifle!

No, Mr. Speaker. Let us speak the truth. The act now proposed is

required by no obligation. It is wholly gratuitous. Call it then

by its proper name. The first fruit of French alliance. A token, a

transatlantic submission. Any thing except an act of an American

Congress, the Representatives of freemen.

The present is the most favorable moment for the abandonment of these

restrictions, unless a settled co-operation with the French continental

system be determined. We have tendered the provisions of this act to

both belligerents. Both have accepted--both, as principals, or by their

agents, have deceived us.

We talk of the edicts of George the Third and Napoleon. Yet those

of the President of the United States, under your law, are far more

detestable to your merchants. Their edicts plundered the rich. His make

those who are poor still poorer. Their decrees attack the extremities.

His proclamation fixes upon the vitals, and checks the action of the

seat of commercial life.

I know that great hopes are entertained of relief from the proposed

law, by the prospect of a British regency. Between a mad monarch

and a simpering successor, it is expected the whole system of that

nation will be abandoned. Let gentlemen beware, and not calculate too

certainly on the fulfilment, by men in power, of professions made out

of it. The majority need not go out of our own country, nor beyond

their own practice, to be convinced how easily, in such cases, proud

promises may eventuate in meagre performance.

The whole bearing of my argument is to this point. It is time to

take our own rights into our own keeping. It is time, if we will not

protect, to refrain from hampering, by our own acts, the commerce

of our country. Put your merchants no longer under the guardianship

and caprice of foreign powers. Punish not, at the instigation of

foreigners, your own citizens for following their righteous calling. We

owe nothing to France. We owe nothing to Great Britain. We owe every

thing to the American people. Let us show ourselves really independent;

and look to a grateful, a powerful, and then united people, for support

against every aggressor.

Mr. MUMFORD.--The gentleman (Mr. QUINCY) from Massachusetts has

given us a long talk, that amused the House very much with tropes

and figures, and I hope has convinced himself that he is right. I

am no advocate of either belligerent, I have not much confidence in

the declarations of foreign Governments. I did, however, put some

confidence in the Erskine arrangement, but I was deceived; it met my

approbation, because I was among those who were determined to settle

our disputes with Great Britain in our own way, as an independent

nation. And I will now ask the gentleman from Massachusetts whether,

if the Chancellor of the Exchequer, or any other higher authority

in Great Britain, should write a letter to Sir William Scott, and a

circular letter to the Collector of Liverpool, informing them that the

Orders in Council did not apply to American vessels from and after the

1st November, he would not deem those letters to be evidence of the

fact? If so, why not give the same credence to the letters of the Duke

of Massa and the Duc de Gaete? I wish to preserve the faith of the

nation. We have been plundered by both belligerents, and have as little

confidence in the one as in the other; but without some reliance on the

word of constituted authorities there is an end to all negotiations.

The gentleman says that we are about to shut up "the only avenue to

our commercial hope." These are his own words. Let us now examine

this avenue to our commercial hope. I will in the first place ask the

indulgence of the House while I read and state some facts from a letter

I have just received from Liverpool, dated January 8, of the present

year, from one of the most respectable houses there, which states

that the importation of cotton from the United States was 320,000

bales in 1810; that there were then 145,000 bales on hand; tobacco

imported in the same period, 14,700 hogsheads; and notwithstanding the

consumption, the quantity imported kept the market supplied constantly

with about the same number of hogsheads throughout the year 1810.

Potashes imported 28,946 barrels, on hand 13,000 barrels: rice 39,000

imported, and there remain on hand very large supplies. Those are the

principal articles of the produce of our soil unsold on 8th January,

1811, in the port of Liverpool alone, besides the quantities in the

other ports of Great Britain; and the same letter observes: "This

supply checks any attempt at speculation, and without an export vent is

procured, the stock on hand must remain unsalable; if the belligerents

return to a sense of justice, the continental markets being in that

case reopened, will require large supplies, and cause our market to

rise." The prices of upland cotton are stated at 12d. sterling per lb.;

tobacco, very prime, 4d. to 7d., middling quality, great quantity on

hand, fit only for continental market, at 1½ a 4d.; pot-ashes £43 to

£44 per ton--rice 19 to 23 per cwt. Sir, there is no American merchant

who can pursue that commerce, attended with the enormous charges and

duties imposed on those articles without inevitable ruin; and I call to

the recollection of gentlemen the numerous failures in consequence of

bills of exchange returned under protest, which had been predicated on

shipments to British ports; and yet the gentleman from Massachusetts

tells us this is "the only avenue to our commercial hope." Send your

vessels to the Brazils, you meet them there intriguing against your

commerce; to Buenos Ayres, you find them there; to Cayenne, there

also; to Terra Firma, you there find them in conjunction with Miranda

intriguing and counteracting your commerce; to Barbadoes, Surinam,

Demerara, Trinidad, Martinique, Guadaloupe, Jamaica, &c., and you are

met with enormous port charges, and duties amounting to prohibition on

the staple articles of the New England States; codfish, beef, pork,

butter, lard, cheese, hams, &c. It is true we are admitted every

now and then, at the mere will and caprice of a governor, to import

into those colonies flour at a duty of one dollar per barrel; rice

and lumber in proportion; on condition that you shall not take away

any article but rum and molasses, and this is the only avenue to our

commercial hope. They are like the locusts of Egypt in relation to our

commerce. What has become of your 1,350,000 tons of shipping, valued

at fifty dollars per ton, amounting to $67,500,000, one-third of which

belongs to Massachusetts? Is the gentleman willing to surrender the

carrying trade to Great Britain? Let him turn his attention to the

ports of New York, Philadelphia, Baltimore, Norfolk, Charleston, and

New Orleans, and he will find that British ships are now taking the

bread out of the mouths of his own constituents. They are enabled to

take freight on so much lower terms than American vessels can afford to

do it in consequence of the very great difference of duties in Great

Britain, between importations in America or in a British ship, that we

cannot compete with them unless you will countervail them, and take a

decisive stand in defence of your commerce to continental Europe, and

carry your produce direct to the consumers, and be no longer subjected

to be fleeced by the monopolizers and retailers of the old world. They

are not content to have the whole products of your soil deposited on

their Island, on which they receive an enormous import, and raise an

extra war tax, besides; but they will claim very soon the exclusive

right to carry it when and where they please in their own ships. We

are thus reduced to a worse situation than in a state of colonization;

we have now all the disadvantages of being plundered by their navy,

and none of the advantages of receiving its protection, although they

have the impudence to charge us four per cent. convoy duty on their

gewgaws and manufactures, which convoy they do not give us. Can this be

a desirable state of things? And if persevered in, I am convinced the

commerce of the United States will descend into the same tomb with the

gentleman's story of the coffin.

There are three classes of your citizens to be provided for, as

contemplated in the provisions of this bill--first, sequestrations in

France, Spain, Italy, Holland, Denmark, Sweden, Prussia, and Russia.

Second, those who have sailed to France under the faith of the Duke

of Cadore's letter of the 5th of August. Third, importers of British

manufactures. But it would seem by the arguments I have heard advanced

in this House that there were only the latter class to be provided for,

and, as I presume British precedent and authority will be admitted by

the gentleman from Massachusetts to be good evidence, I will inform

him and the House, what was the concurrent testimony of the English

merchants before the bar of the House of Commons on the subject of

exports and imports of the United States. They stated on oath that the

exports to the United States were about twelve millions sterling, and

that the imports were about four millions on an average for the years

1802, 1803, 1804, when there were no decrees against American commerce,

and consequently it took its own natural channel and supplied each

market according to its natural consumption. The difference between

export and import being about eight millions sterling against us. Those

English merchants state that it was made up and received from our trade

with continental Europe; this has not been disproved by the British

Chancellor of the Exchequer, nor by his friend Stevens, of War in

Disguise--it is a fact; they cannot deny it. And shall we be told about

the profitable commerce with Great Britain? After a statement of these

facts, shall we go on to gorge their warehouses with twelve millions

sterling of produce, when their own internal consumption does not

exceed four millions sterling? I hope not; and I do trust that the time

is not far distant when we shall assert and defend our just rights.

Mr. BLAISDELL.--Mr. Speaker: nothing would induce me to address you

at this late hour, while there is so great a commotion in, and so

many tokens of impatience manifested by, the House, but a sense of

duty, and a desire to lend my feeble aid in arresting the progress

of a measure which, in my opinion, involves a question of no less

importance than whether we are prepared, after having been insulted,

robbed, and deceived, by the French Emperor, to follow the fatal

example of the petty, servile States of Europe, and throw this people

into the embraces of that monster, at whose perfidy and corruption

Lucifer blushes and Hell itself stands astonished. If I understand

the amendment of the honorable gentleman from Virginia, its principal

object is to renew the non-intercourse of 1809, so far as it respects

Great Britain, which was previously attempted to be revived by the

proclamation of the President of the second of November last. I should

have supposed that, rather than have made so glaring a confession

that that State paper misstated fact, the gentleman would have been

dissuaded from his darling object, the non-intercourse. But it seems

that when it comes in competition with the views of Napoleon, the

veracity of the President must be sacrificed. But, sir, convinced as I

am, that our paper war, which has been applied to all purposes, even

to calling out the army, raising the militia, pressing the horses,

&c., and sending them on an expedition the distance of five hundred

miles, with express orders not to fight, has damned the character of

this Government, broken down the spirit of the nation, embarrassed our

citizens, and emptied the late overflowing Treasury, so as to render

the resort to borrowing necessary; I cannot but hope that the amendment

on your table will be rejected to give place to an amendment offered

some days ago by an honorable gentleman from New York, (Mr. EMOTT,)

when this bill was under discussion in Committee of the Whole.

Sir, if I understand that amendment, it went to suspend the whole

restrictive system, except the third section of the law of May

last, which saves fines and forfeitures incurred under our various

restrictions. This amendment, to be sure, changes the position

recommended by the Executive, but not much more than the bill, with the

addition of the amendment now under consideration. Although it becomes

this House to pay due deference to Executive recommendations; yet,

if there are good reasons for a departure from such recommendations,

it equally becomes the members of this House, out of a regard to

the correctness of their own proceedings, to make such a departure

correspond with the reasons which produced it. The position recommended

by the Executive made its first appearance in a short paragraph in

the President's Message, recommending such a modification of the law

of May last, as would remove all doubts as to its exposition and

execution; for the details of such modification we are referred to

the report of the Secretary of the Treasury. In this report we find

a project recommended to enforce the non-importation against English

merchandise of every kind and from every country. In the first place,

by making the proclamation of the President, declaring that the French

edicts had ceased to violate our neutral commerce on the first day

of November last, the only evidence of that fact; and in the second

place, by authorizing the officers of the army and navy to enter ships,

dwelling-houses, stores, or any other place, to search for and seize

merchandise suspected of being imported contrary to law, and making

a donation of the boon so seized to the wretch who should be hardy

enough, in defiance of all moral obligation, thus to rob his neighbor;

and in the third place, by declaring all merchandise so seized in the

Northern section of the Union, adjoining the British provinces, to be

forfeited, unless by a palpable inversion of the rule of evidence in

all other cases, and even in this case, adopted in all other sections

of the Union, he is able to prove that the merchandise was legally

imported and the duties paid--with many other provisions, all of which

have been laid before this House, in the first bill on the subject

reported by the Committee of Foreign Relations, the details of which

are too well recollected to need pointing out, or to be suffered to

meet a public investigation at this time.

But, sir, with all due deference to the high ministerial officer who

recommended the project, and likewise to the honorable committee who

reported the bill, I may be allowed to pay it the compliment of saying

that, in my opinion, previous to the reign of that tyrant, who, by

a military force, aided by projects of this kind, has destroyed the

sanctuary of justice, and has spread pillage, debauchery, robbery,

and death, throughout the greater part of Europe; such a bill as that

would have been scouted from this Hall as the production of a madman.

But on receiving the Message of the President, covering the letters

of Mr. Russell, the American Chargé des Affaires at Paris, stating

that American vessels, loaded with _bona fide_ property of American

citizens, had been seized and sequestered in the ports of France,

under the Berlin and Milan decrees, as late as the 9th of December,

doubts seemed to arise in this House, whether the decrees had ceased

to operate on the first of November, as the President had declared.

And the bill was sent back to the committee, for the purpose, as I

understood, of bringing in a bill to suspend the operation of the law

of May last, until we should hear from France, whether the Emperor had

disavowed those seizures, and whether the decrees had actually ceased

to operate on the first of November. And I did understand the honorable

chairman of the committee, and several other gentlemen on the other

side of the House, to say on that occasion, that if, after we had new

arrivals from France, that did not prove to be the case, they should be

as ready as any gentleman to repeal the whole code of restrictive laws

until the Emperor should learn to respect our rights. What evidence

have we had since to give us a more favorable prospect, as it respects

the revocation of the decrees? Not a syllable. But, on the other hand,

we have conclusive evidence that they were not so revoked that their

operation ceased on that day.

If it be asked where this evidence appears, the answer is ready. In the

first place, by the letter of the Grand Judge, the Duke of Massa, to

the President of the Council of Prizes, as also by the letter of the

Minister of Finance to the Director General of the Customs, both dated

the 25th of December, fifteen days after the manly remonstrance of

Mr. Russell, in the case of the Orleans Packet; in which remonstrance

he states the outrageous conduct of the custom-house officers, and

requests a prompt and speedy disavowal of the seizures, and that the

property be again placed in the hands of the owners. But, sir, is

there any thing in these two letters which looks like a disavowal of

the seizure in express violation of the promise of the Duke of Cadore?

No, sir, although these letters were written fifteen days after the

remonstrance of Mr. Russell. Instead of this they both agree that

the decrees did not cease to operate on the first of November, but

that the property taken with the Orleans Packet, and all the property

which should be seized between the first of November and the second of

February, must remain in depot to wait the pleasure of the Emperor, on

our causing our rights to be respected by England.

But how, Mr. Speaker, are we to cause our rights to be respected?

Is it by merely reviving the law of May last, as is the object of

this amendment? Certainly this is not their meaning; for both these

letters have reference to that law, as well as the proclamation of

the President giving it effect, and to the circular of the Secretary

of the Treasury, addressed to the collectors of the several ports,

enjoining a strict execution of that law. No, sir, this is not what is

to be done, which will satisfy the Emperor. He who flatters himself

that this will be sufficient, shuts his eyes against official evidence

to the contrary; as well in the above-recited letters, written with a

perfect knowledge of the performance on our part, and the promise of

a performance on the part of France on the first day of November, as

in the letter of the French Minister in the United States on the 12th

of December, in which we are told that the French restrictions on our

commerce are not to cease, but only on the result of firm and energetic

measures to be adopted and persevered in by the two Governments against

the common enemy.

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16) · 第 114 / 377 题