And the House adjourned.[29]

FRIDAY, April 24.

_Corps of Engineers._

The House resumed the consideration of the bill making further

provision for the corps of Engineers, which had been amended in

Committee of the Whole, so as to authorize the appropriation therein

made to be disbursed "at such place as may be designated by the

President of the United States for that purpose."

Mr. GOLD spoke against a concurrence in this amendment at some length,

and was followed on the same side by Mr. SMILIE and Mr. WIDGERY; to

whom Mr. KEY, Mr. WILLIAMS, and Mr. WRIGHT replied.

The discussion principally involved the respective merits of West Point

and Washington City (to which place it was supposed, probably, that

the Executive might deem it expedient to remove the Academy) as proper

sites for a Military Academy. The question on the amendment was decided

by yeas and nays. For the amendment 63, against the amendment 56.

Mr. W. ALSTON moved an amendment contemplating the establishment of the

Academy at Carlisle, in Pennsylvania, a place which he stated to be

more eligible, in point of economy, convenience, and comfort, than West

Point.

Mr. GOLD opposed the motion.

A motion was made by Mr. LITTLE to recommit the bill, and negatived.

Mr. FINDLAY spoke in favor of the motion.

Mr. BAKER suggested the propriety of locating the Academy at Harper's

Ferry; and because, if the Academy must be removed, he thought Harper's

Ferry preferable to Carlisle, he should vote against the motion.

Mr. RHEA made a motion which he said would put an end to all these

propositions to amend the bill, viz: to postpone the bill indefinitely.

The motion was negatived--yeas 32.

The question was then taken--"Shall the amendments be engrossed, and,

together with the bill, be read a third time?" and decided in the

affirmative.

WEDNESDAY, April 29.

_Relief of Caraccas, &c._

Mr. MACON submitted for consideration the following resolution:

"_Resolved_, That the Committee of Commerce and Manufactures be

instructed to report a bill authorizing the President of the

United States to cause to be purchased ---- barrels of flour,

and to have the same exported to some port in Caraccas, for

the use of the inhabitants who have suffered by the earthquake;

and also authorizing him to cause to be purchased ---- barrels

of flour, and to have the same exported to some port in

Teneriffe for the use of the inhabitants who are likely to

starve by the ravages of locusts."

To the adoption of the first clause of this resolution, there was

no objection made by any one; but a desultory debate took place on

incidental points and on the merits of the last clause.

Mr. RANDOLPH made a speech of some length in favor of the object of

the proposed resolution, but going to show that the aid the Government

could afford would be ineffectual to relieve famine, if it existed; and

that unquestionably the most effectual relief that could be afforded on

our part to the wretched and unfortunate people of Caraccas would be a

suspension, as to them, of our restrictive system. He, therefore, moved

to amend the resolution by adding to the end of it the words "and to

authorize vessels laden with provisions to clear out for any port of

the aforesaid country."

Mr. CALHOUN expressed his regret that this proposition to aid the cause

of humanity could not be permitted to pass without the intermixture

of party feelings, which the motion and speech of the gentleman from

Virginia, he thought, were calculated to excite. He was opposed to the

amendment, which he conceived would virtually repeal the embargo, and

he hoped, as there could be no probability of adopting it, he would

withdraw it. Mr. C. said he had doubts about the latter clause of the

resolution; because, as to the distress at Teneriffe, the House had no

other information than a newspaper report, whilst of the scarcity of

provisions at Caraccas they had accurate information.

Mr. RANDOLPH defended himself against the imputation of a desire to

excite party feelings, &c., and declined withdrawing his amendment,

because he believed its adoption to be essential to the accomplishment

of the object of the original motion. He also made a number of

observations on the impatience which gentlemen of the minority were

listened to in the House, and the frequent interruptions they were in

the habit of meeting with, &c.

Mr. MACON spoke against the amendment, which, if adopted, would compel

him to vote against his own motion. The restrictive system, he said,

would not be of long duration, and, when it expired, provisions in

plenty might be exported to South America and elsewhere; so that there

was very little necessity for suspending the embargo law, which was

only adopted preparatory to a different state of things. The clause in

the resolution relating to Teneriffe, he said, had been added at the

suggestion of another member.

Mr. CALHOUN again spoke against the amendment, and in reply to Mr.

RANDOLPH'S imputation of intolerance to the minority. This course of

discussion he deprecated, as not comporting with the sacred cause of

distant and oppressed humanity, &c.

Mr. SMILES made some remarks in reply to an observation of Mr.

RANDOLPH, that the donation by the British Parliament of a hundred

thousand pounds to the sufferers by an earthquake in Portugal, some

years ago, was an act almost sufficient to purchase absolution for all

the sins of that Government. Mr. S. cited instances of similar conduct

in this country, in much smaller communities; and expressed his regret

that gentlemen chose to appreciate every act of other Governments,

without allowing merit to their own for acts much more praiseworthy.

The question on Mr. RANDOLPH'S motion to amend, was negatived--yeas 30,

nays 74.

Mr. BLACKLEDGE proposed to add "corn and rice" to the flour to be

exported.

Mr. MACON thereon modified his resolution so as to authorize the

exportation of "provisions," instead of "flour," which would include

all descriptions of breadstuff.

The question was taken on the first clause of the resolution, viz: so

much as relates to Caraccas, and carried unanimously.

The question was taken on the remainder of the resolution, viz: so much

as relates to Teneriffe, and negatived--for its adoption 47, against it

57.

So it was _Resolved_, That the Committee of Commerce and Manufactures

be instructed to report a bill authorizing the President of the United

States to cause to be purchased ---- barrels of provisions, and

have the same exported to some port in Caraccas, for the use of the

inhabitants who have suffered by the earthquake.

Mr. RANDOLPH adverted to the uncertainty as to the fact, which he

supposed had caused the rejection of the clause of the resolution

relating to Teneriffe, and offered the following resolution, in a form

calculated to produce the proper inquiry:

"_Resolved_, That the Committee of Commerce and Manufactures

be instructed to inquire whether any, and what relief ought to

be extended to the inhabitants of the Canary Islands, who are

suffering by famine occasioned by locusts."

Mr. NEWTON said, as this motion only proposed inquiry, and was not,

like the other, peremptory, he hoped it would pass.

And the resolution was agreed to.

MONDAY, May 4.

_Relief for Venezuela._

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

the Whole on the bill for the relief of the inhabitants of Venezuela.

[The bill authorizes the President to cause to be exported such

quantity of provision as he may think proper, for the relief of the

inhabitants of Venezuela, suffering by the effects of an earthquake.]

Mr. NEWTON proposed to fill the blank for the appropriation with the

sum of $30,000.

Mr. PITKIN inquired for the official information, which might have been

laid before the committee, on the subject of the distress existing at

Caraccas.

Mr. NEWTON, in reply, said, that there were many private letters in

confirmation of the facts, and also a letter from our Consul, &c. Some

of which were read.

Mr. CALHOUN moved to fill the blank with fifty thousand dollars, which

he thought would be little enough to effect the object in view.

The question on the latter motion was decided in the affirmative, 45 to

29.

The committee rose, and reported the bill; which was ordered to be

engrossed for a third reading this day, which was subsequently done,

and the bill passed.

WEDNESDAY, May 13.

_Recall of Absentees._

Mr. WILLIAMS said he rose to make a motion, the object of which was

in itself so clear, that he believed there was no necessity for

illustrating it. There was but one objection that he was aware of, and

that was, that there was no precedent for it; but if that should be

urged, he would reply that there never was before a crisis requiring

it. The motion was--

_Resolved_, That the Speaker be directed to address a letter to

each member of the House now absent, requesting his attendance

prior to the first day of June.

Mr. GRUNDY, said the object of the motion, no doubt, was a correct one.

He should, therefore, vote for the motion as it now stood, but would

prefer a modification of it. On what particular day it would be proper

to have every member in his place, could not be foreseen with certainty

by any one. To fix on a day, however, would be as much as to tell the

members we do not want them earlier, and would put it out of our power

to act prior to that day. But, on the other hand, should we not be

ready to act on that day, is it not pledging ourselves that we will

then act, whether we are ready or not? It would be as well to request

the attendance of members immediately, and then we shall not stand

committed either to act on or before that day. He hoped there would not

be an absent man on the occasion of voting the final measure; though he

should consider such a vote as a completion of what was already begun,

and not a determination of the course to be pursued, which question he

considered as decided in the anterior measures already adopted.

Mr. ROBERTS said the call of the House met his perfect approbation;

but, in its present form, he should be constrained to vote against it.

He was not afraid that it would be considered a pledge to act on a

certain day; but the members near home, after it was passed, would take

the opportunity of the interval to visit their homes, and leave the

House without a quorum. He, therefore, moved to amend the resolution,

so as to request the attendance of the members forthwith.

This motion was agreed to--ayes 47.

After some objections by Mr. STANFORD to the phraseology of the

resolution, it was passed without a division, there not being more

perhaps than five dissenting voices.

FRIDAY, May 22.

_Judge Toulmin._

Mr. POINDEXTER, from the select committee, made the following report:

The committee to whom was referred the letter of COWLES MEAD,

Speaker of the House of Representatives of the Mississippi

Territory, enclosing a presentment of the Grand Jury of Baldwin

county, in said Territory, complaining of the conduct of

Harry Toulmin, Judge of the District of Washington, in said

Territory, beg leave to submit the following report:

That the charges contained in the presentment aforesaid, have

not been supported by evidence; and from the best information

your committee have been enabled to obtain on the subject,

it appears that the official conduct of Judge Toulmin has

been characterized by a vigilant attention to the duties of

his station, and an inflexible zeal for the preservation of

the public peace and tranquillity of the country over which

his judicial authority extends. They therefore recommend the

following resolution:

"Resolved, That it is unnecessary to take any further

proceeding on the presentment of the Grand Jury of Baldwin

county, in the Mississippi Territory, against Judge Toulmin."

The report was read and concurred in.

WEDNESDAY, May 27.

_Renewal of Whitney's Patent Right to the Cotton

Gin Invention._

The House resolved itself into a Committee of the Whole on the bill

"for the relief of Eli Whitney."

Mr. BIBB avowed his opposition to the principle and details of the

bill, and moved to strike out as much as provided for renewing

Whitney's patent right to the machine for ginning cotton. Mr. B. said,

that, although the bill assumed the character of a private act, it

involved considerations of great national concernment. If, sir, said

he, the committee will take the trouble to consider it attentively, in

all its relations, I am persuaded the motion submitted will not have

been made in vain. The object of granting patents is clearly defined

by the constitution to be the promotion of science and useful arts.

The effect of such promotion is obviously the advancement of public

improvement and prosperity. All the authority which Congress possesses

over this subject, is derived from the following provision: "Congress

shall have power to promote the progress of science and useful arts, by

securing, for limited times, to authors and inventors, the exclusive

right to their respective writings and discoveries." Here are two

distinct propositions: 1. The delegation of power to promote science

and useful arts; 2. And a description of the _mean_ authorized to be

employed. The benefit proposed to inventors is evidently not the object

in view, but the _mean_ whereby the _end_ may be accomplished; it is

the incitement offered to genius and talent, for the purpose of general

advantage; it is the price paid by the people of the United States

for the _disclosure_ of useful inventions. To legislate, therefore,

correctly, on the subject, it is indispensable that this distinction

between the _mean_ and the _object_ should be kept constantly in view.

So long as patents are granted for the promotion of science and useful

arts, the intent and meaning of the constitution are fairly pursued;

but whenever they are allowed with any other view, there is a manifest

departure from the limit of authority to which Congress is confined.

Sir, the framers of the constitution were sensible that monopolies

were odious every where, and that they would be particularly so to the

people of this country. Hence the limitation imposed, which permits

monopolies only in an expressly-defined case, and for a limited time.

The constitution declares, that "all powers not delegated to the United

States, nor prohibited to the States, are reserved to the States or to

the people." It is also the rule of construction, universally admitted,

that the enumeration of powers excludes all powers not enumerated. I

maintain, then, that the constitution having clearly designated the

object for which, and the parties to whom, exclusive rights may be

granted, for limited times, Congress is restrained within those precise

bounds. If there can be a legitimate departure from them in one case,

the restraint becomes wholly nugatory. The doctrine which deprives

Congress of the power to establish banking monopolies, equally forbids

them in every case, and for every purpose, other than those specified

in the clause to which I have adverted.

If, therefore, I establish the position that the proposed renewal of

Whitney's patent is neither intended nor calculated to promote science

or useful arts, I shall have succeeded in showing that this bill ought

to be rejected.

Permit me to inquire, in the first place, how the object of the

constitution may be attained? By pursuing the principle which has

heretofore governed the Legislature. The statute securing patent

rights must be general in its application, holding out inducements to

the inventive faculties of all, and prospective in its operation. It

must grant monopolies for a limited time to _future_ and not _past_

discoveries. The term during which the exclusive rights shall continue,

should be sufficiently long to afford the necessary incitement to

the exertions of genius, to promise an adequate reward for the labor

of invention. Whether fourteen years, as now fixed by law, be the

proper term, is a question on which gentlemen may rationally differ

in opinion. It is worthy of remark, however, that under the existing

statute, the progress of invention in the useful arts has been more

rapid in the United States than in any other country on the globe.

Still, if necessary, Congress is competent to extend by a general

provision exclusive rights to _future_ inventors for a longer time;

but the renewal of a patent for a discovery already made and in use,

stands on distinct grounds. In the one case, the progress of science

and useful arts (the object for which alone patents are constitutional)

would probably be promoted; but in the other, the invention being

already made and disclosed, public improvement cannot possibly be

advanced by taking away its benefit from the community. Is the object

of this bill to promote science or the useful arts? The candor of its

advocates will answer the question in the negative. It is to promote

the interests of Mr. Whitney at the public expense--to convert the

_mean_ prescribed by the constitution into the _end_. If the renewal

of a patent in a special case would furnish an adequate stimulus to

the exertions of other ingenious men, it might be urged with some

appearance of plausibility; but no man will assert that one or two

accidental cases of this sort, out of the many thousand patents which

are issued, would have any influence on the expectations of others.

It follows, therefore, that the passage of the present bill will be a

departure from the intent and meaning of that instrument, which is the

fountain of our authority.

Sir, there is another view of this subject in relation to policy,

to which I beg leave to ask the attention of the committee. In this

widely-extended country, the pursuits of the people are various and

diversified. In one section cotton is cultivated, in another hemp,

and in a third wheat. Suppose patents are obtained for valuable

improvements relative to these articles, either in the instruments of

cultivation or of preparation for market. The patentees are entitled

by law to exclusive rights for fourteen years. For the improvement

concerning the article of cotton only, the patent is extended to

twenty-one or twenty-eight years, as now proposed, while exclusive

rights to the other inventions are permitted to expire. What is the

consequence? The people of one section of the Union are subjected in

their pursuits to the privations incident to monopolies, for that

term; while those of another section similarly situated are exempted

from all restraint at the expiration of the first patent. I appeal

to the candor and magnanimity of this assembly to determine whether

such a course of proceeding be not manifestly unjust, and utterly

incompatible with that equality of rights guarantied to the respective

States. The constitution imposes uniformity of taxation for the purpose

of avoiding the injustice and oppression towards particular States,

which the extension of patent rights, in special cases, is calculated

to produce. The fact cannot be disguised, that the operation of this

bill will be to levy a tax on the people of Georgia, the Mississippi

and Louisiana Territories alone; and if it passes, it will be owing

to that circumstance. I know enough of human nature, and have seen

much in the course of my acquaintance with legislative proceedings,

to satisfy my mind, that if cotton were cultivated in a few large

States, this bill would certainly be rejected. Does any man believe

that if the large States of Virginia, Pennsylvania, New York, and

Massachusetts, were concerned in this thing, as are those portions of

the Southern country I have mentioned, the application of Mr. Whitney

for a renewal of his monopoly would be successful? No, sir; and I urge

this consideration for the purpose of showing the impolicy of extending

patents in special cases, inasmuch as it puts it in the power of

Congress by such a regulation to give a preference to one section of

the Union over another, and because the power will never be exercised

in cases affecting a particular and comparatively small portion of the

community. Enact a general law on the subject of patents--make what

provision you please in relation to future discoveries, and none can

complain. Whether improvements shall be made interesting to this, that,

or the other section of the nation, will be left to chance; when made,

the monopolies will be equal in their duration, and all will be equally

exempt from partiality or oppression.

There is another aspect, Mr. Chairman, in which the provisions of the

bill now before the committee are manifestly unjust. The Legislatures

of Tennessee and the two Carolinas purchased, during the term of

Whitney's late patent, the right of using in those States his invention

for ginning cotton. The fact will not be denied, that the price paid

was proportionate to the extent of time for which the patentee held the

exclusive right. Now it is proposed to re-grant to Whitney the monopoly

for an additional term of years, so far as relates to my constituents,

while the three States I have mentioned are expressly exempted from

its operations. It is true, the Legislature of Georgia did not enter

into any arrangements with the patentee on the subject, but it will be

perceived that all persons who erected machines without permission,

during the fourteen years, are left by the bill subject to prosecution.

The effect, therefore, will be to impose a restraint relative to the

same object on one State for twenty-one or twenty-eight years, while

other States are exempted at the expiration of half that term. I know,

sir, that unfavorable impressions exist on the minds of many gentlemen

concerning the conduct of Georgia in this affair; and I fear they

may have much influence on the decision of the question. Whether the

Legislature ought or ought not to have followed the example of the

legislatures of other States, is a question which belongs exclusively

to that body to determine. Your patent law imposed no obligation on

the subject, and they had the right to do so or not, as they pleased.

Having done nothing which they had not a right to do, and omitted

nothing which they had not the right to omit, I cannot consent to any

unauthorized control of this House over their proceedings. That Mr.

Whitney's invention has been highly important to the Southern country

I freely admit, and that he deserves much for his useful labors, none

can deny; but, if the conduct of Georgia has not been so liberal

towards him as some gentlemen think it ought to have been, an apology

may be found in the resentment which his conduct was calculated to

excite. When his machine was first erected in Georgia, as I have

understood, he refused to sell his patent right upon any terms or for

any price. It was determined to monopolize every pound of cotton at an

enormous premium, and arrangements were made for that purpose. To that

circumstance, and the opinion which prevailed, that the invention was

not new, is to be attributed the course of proceeding, now made the

subject of complaint. The imprudence of Mr. Whitney, or, perhaps, of

his partner, could not fail to have produced feelings of resentment

rather than of liberality towards them. I repeat, however, that the

conduct of Georgia has no connection with the present question. The

United States never guarantied to any patentee the receipt of any

given sum for his invention, nor gave any pledge that his exclusive

right should in no instance be violated. They have enacted laws for

the security of patentees, provided a remedy for violations of their

rights in all cases, and a tribunal before which that remedy may be

sought. To that tribunal--the courts of the United States--Mr. Whitney

should be referred for redress. This is not a time for exciting State

jealousies and individual resentments among ourselves. Policy, and that

conciliatory spirit which ought to guide our deliberations, unite in

prescribing a different course, and I do trust that prescription will

not be disregarded on the present occasion.

But, sir, there is still another and more important view of this

subject, on which alone I probably might have relied. The patent of

Mr. Whitney expired about four years ago, and an unqualified right

to the invention was thereby vested (as I shall show) in the people

of the United States. Under such circumstances, it is my purpose to

prove the proposed renewal manifestly unconstitutional. I presume it

will be admitted, that, without the provision of the constitution on

the subject, and the law pursuant thereto, no exclusive rights would

belong to inventors. It is true the inventor would be entitled to his

particular machinery, but other persons would not be prohibited from

imitating it, and consequently his right to his discovery would not

be exclusive. In a state of nature, occupancy gives a right to soil,

upon the ground of supposed labor on the part of the occupant in taking

possession. The right and the occupancy, however, are inseparable. If

the latter be abandoned, the former ceases to exist--the soil becomes

common to all, and may be appropriated to another's use. The natural

law in regard to inventions is the same. So long as the inventor is

alone in the possession of a knowledge of his discovery, he is the

occupant, and has an exclusive right. But the moment he _discloses_

that knowledge to the public he abandons his occupancy, and the

invention becomes subject to the use of others. This principle is

recognized by the constitution itself, and fully established also in

other countries. The express delegation of power to secure to inventors

the exclusive right to their discoveries, admits that without it no

such right would exist after disclosure. In Great Britain the doctrine

is perfectly settled. If gentlemen will turn to the famous case of

literary property, Millar vs. Taylor, which was argued with great

ability, and decided with unusual deliberation, they will be satisfied

of the fact.

The court were divided on the particular question pending before

them, and gave their opinions separately and very much at large. On

that occasion it was determined that the publication of a literary

work did not of itself divest the author of the exclusive right, nor

authorize others to republish it for their advantage without his

consent. But it was admitted, as a point fully and entirely settled,

that the principle did not apply to mechanical inventions; that the

disclosure of a mechanical invention did divest the inventor of his

exclusive right to such inventions, and that the public became entitled

to all the benefits which could be derived from it. A later decision

of the highest courts of the Kingdom on another case, has placed the

question of literary property on the same footing with the mechanical

inventions. The principle of these decisions is, that the disclosure

of an invention amounts to a relinquishment of exclusive use, it is

an implied right to the public. And if such be the doctrine in Great

Britain, under a Government the foundation of which is monopoly and

exclusive privileges, it cannot be otherwise among this people, the

fundamental principle of whose Government is, equality of right and

exclusion of monopolies. I contend, then, sir, that if the disclosure

of an invention vests in the public a right to use it without

restraint, much more strongly is that right vested after the expiration

of a patent. In the one case the public are invested with a common or

equal right by an implied gift, and in the other by contract. The very

condition on which patents are granted is, that, at the expiration of

the term authorized by law, the people shall be entitled to the free

use of the invention; and, to secure this right to the people, such

a specification of the machinery employed is required at the time of

issuing the patent, as will enable others to understand and imitate it

with success. Need I undertake to prove that, from the moment Whitney's

patent expired, his exclusive right ceased to exist? None will deny

the fact. Is it necessary to show that the right which was exclusive

during the patent, is now the common right of all? It will be admitted

that every man in the United States has at this moment as perfect a

right to erect gins on Whitney's plan, as to build a house or make

any implement of agriculture. The question then presents itself,

has Congress the power to divest the people of that right? I say no,

sir; to renew a patent after it has expired, is to establish a new

principle unauthorized by the constitution. To secure a pre-existent

right is one thing, but to divest the people of the United States of

their right, and vest it in an individual, is quite a different affair.

"Congress shall have power to promote the progress of science and

useful arts, by securing, for limited times, to authors and inventors,

the exclusive right to their respective writings and discoveries."

What is the import of this provision? An inventor while in the sole

possession of the knowledge of his invention has the exclusive right

to it, without the intervention of law; but when that knowledge is

disclosed to the public, the exclusive right would cease to exist.

Therefore, for the purpose of affording a stimulus to ingenuity, and

of obtaining disclosures of useful discoveries, Congress is authorized

to provide by law for securing that exclusive right for a limited

time after disclosure, which previously existed in the inventor, and

which enabled him forever to withhold his invention from the public.

The disclosure is the great object to be attained; the security of

the exclusive right before existing, but which would be lost without

such security, by the act of disclosure, is the mean authorized to be

employed. Is there no difference between protecting an existing right,

and taking away a right from one party for the purpose of vesting it

in another party? The States composing the Union are now entitled to

the benefit of Whitney's invention, and may make whatever regulations

concerning it, within their territorial limits, they please. Will it be

said that because the power is delegated to Congress to promote useful

inventions and to obtain their disclosure to the public, by holding

out the inducement resulting from the security of a monopoly for a

limited time, therefore the States may be constitutionally deprived of

their unquestionable rights? Surely not. Hence, I conclude that the

power of Congress over this subject has terminated by their own act,

and that to resume it would be an unconstitutional encroachment on

the rights of the respective States. Sir, the power given to Congress

on the question of patents is similar in extent and in every other

view to that which in England is vested in the King. He is empowered

to grant patents for new and useful inventions for a limited time,

but it is held that when that time expires, such inventions belong to

the public. "If a patent be granted in case of a new invention, the

King cannot grant a second patent, for the charter is granted as an

encouragement to invention and industry, and to secure the patentee in

the profits for a reasonable time; but when that is expired, the public

is to have the benefit of the discovery."--_10 Mad. Rep. 110_. It is

also laid down in _Bull N. P. 76_, that among the general questions

of patents, the first is--"Whether the invention were known and in

use before the patent." Such is the English law, and the statutes of

the United States heretofore passed are founded on the same principle.

The existing statutes make it an indispensable condition to securing

an exclusive right, that the invention shall not have been "known

or used before the application;" for a patent itself reads thus:

"Whereas A. B., a citizen, &c., hath alleged that he has invented a

new and useful improvement, being [here insert a description of the

invention] which improvement has not been known or used before his

application," &c. It is then perfectly clear, that our predecessors

who have legislated on this subject considered a public disclosure of

an invention an abandonment of all claim to the exclusive use; that

they understood the object of the constitution to be the advancement

of national improvement; and that when the public are in possession

of any important discovery they could not be divested of it. Suppose

the inventor of that useful instrument the screw-auger, who was an

inhabitant of New England, and who never solicited a patent for

it, should now make application. Your law excludes him because his

invention is known and in use. And I call on gentlemen to show how the

progress of science or useful arts, or individual justice, would be

less promoted by granting a patent in that case, than in the present

application. Certainly a man is not less entitled to the bounty of

Congress who has given to the public the results of his labors, than he

who has enjoyed the benefit of a monopoly for fourteen years; nor will

it be asserted that the right of the community to an invention is less

complete from the expiration of a patent, than from the bare act of

disclosing it.

Mr. SEYBERT said he did not know that the bill for the relief of Mr.

Whitney could be acted upon this day; indeed, it was not his intention

to make any observations on the subject, until the motion for striking

out a portion of the bill was made by his friend from Georgia, (Mr.

BIBB;) he therefore hoped the House would pardon him for the desultory

and confused remarks which he should impose upon the patience of the

House. He came from a State whose interests were nowise concerned in

this question, and therefore he stood as an impartial advocate in favor

of the patentee; his feelings could not permit him to remain quiet

on the question; by him the machine of Mr. Whitney was viewed as a

stupendous monument of human invention--great mental exertion alone

could produce results like this, and he appealed to the House as to

the propriety of granting the prayer of the petition as reported in

the bill. It was, he conceived, not a favor, but justice, which the

passage of this bill would render to Mr. Whitney. If he was correctly

informed, Mr. W. received but a trifling compensation for his labors;

that, in the case of the State of Georgia, he expended $20,000 more

in prosecuting law-suits, than he had ever been paid in that State.

Mr. S. continued--he was informed that in South Carolina Mr. Whitney

had met with some persecution; the assembly of that State originally

purchased the right to use the machine for the sum of $50,000, which

was to be paid by regular annual instalments. In the following year

Mr. W. visited South Carolina for the purpose of receiving the second

instalment, when, instead thereof, he discovered that a Legislature

lately assembled had repealed the law formerly enacted on the subject;

and, instead of receiving a second instalment, the Legislature ordered

that he should be prosecuted for the recovery of that which he had

before received. Mr. W. was saved from prison by the interference

of some private gentlemen. [Here Messrs. WILLIAMS and CHEVES rose,

and in conversation explained to the satisfaction of Mr. S. that the

statement made was not accurate; that the delay and difficulties

caused by the proceedings of the Legislature of South Carolina, were

owing to well-grounded suspicions, at that time, that Mr. W. was not

the inventor of the cotton gin, and that he had in some respects

failed to comply with the conditions prescribed by the law.] This

explanation was satisfactory to Mr. S., and he observed, had he known

in time that he would have taken a part in this debate, he should have

considered it his duty to consult his friends from South Carolina on

this subject. He further stated that Mr. W. had informed him that, in

the final adjustment of this affair, the State of South Carolina had

rendered him ample justice. He regretted the necessity of mentioning

States in debate--he would quit this part of the subject, and proceed

to communicate those facts which had made an impression on his mind

in favor of the bill. He would first quote the authority of Judge

Johnson in his decision of the case of Whitney vs. Carter. Here Mr. S.

read as follows, from page 128: "With regard to the utility of this

discovery, the court would deem it a waste of time to dwell long upon

this topic. Is there a man who hears us who has not experienced its

utility? The whole interior of the Southern States was languishing,

and its inhabitants emigrating for want of some object to engage

their attention and employ their industry, when the invention of this

machine at once opened views to them, which set the whole country in

active motion. From childhood to age, it has presented us a lucrative

employment. Individuals who were depressed with poverty, and sunk in

idleness, have suddenly risen to wealth and respectability. Our debts

have been paid off; our capitals increased, and our lands are trebled

in value. We cannot express the weight of obligation which the country

owes to this invention; its extent cannot now be seen." These were the

sentiments of a gentleman residing in the State of South Carolina;

from this their justness may be estimated. Mr. S. continued--he could

not stop here. Foreign writers prove the absolute necessity of this

machine, to bring the particular species of cotton to market, which

constitutes nine-tenths of that which the United States could furnish.

He would, in proof of this declaration, read from Edwards' History of

the West Indies, vol. 2, page 265, as follows: "Green seed cotton is

of two species; of one of which the wool was so firmly attached to

the seed, that no method has hitherto been found of separating them,

except by the hand; an operation so tedious and troublesome, that the

value of the commodity is not equal to the pains that are requisite in

preparing it for market. This sort, therefore is at present cultivated

principally for supplying wick for the lamps that are used in sugar

boiling, and for domestic purposes; but the staple being exceedingly

good, and its color perfectly white, it would doubtless be a valuable

acquisition to the muslin manufactory, could means be found of

detaching it easily from the seed." Whilst the mind of Mr. Edwards

was thus occupied in London, that of Mr. Whitney in the United States

effected this valuable desideratum. Mr. W.'s machine was brought to

perfection in 1792. Mr. S. dreaded the further fatigue of the House,

but he could not refrain from stating some additional facts. Consult,

said he, your Treasury reports, and there you will find that, in the

year 1810, there was exported from the United States 93,000,000 pounds

of cotton, of which 84,000,000 pounds was of the species mentioned

by Edwards. Without the gin of Whitney, or some machine equivalent

thereto, not a single pound of the 84,000,000 pounds could have been

sent abroad--thus would the United States have found themselves

deprived of the annual income of $15,000,000, without taking into view

16,000,000 pounds of cotton consumed in our country. Can we do too

much for this man? Let us render him but ordinary justice and pass the

bill. Let us, said Mr. S., consider the benefits resulting from the

application of useful machines in Great Britain. Take a view of that

of Arkwright. If, said Mr. S., his memory did not deceive him, in the

year 1755 the cotton manufacture of Great Britain was ranked among the

lowest of her domestic branches, and did not value more than £200,000

sterling annually; in 1809, that nation derived thirty millions

pounds sterling from her industry in this way. England well knows her

interest, and she fosters her arts. Let us in this respect follow her

example, by doing justice to the genius of our countrymen. But for the

spinning machinery invented by Arkwright, and the gin of Whitney, the

cotton manufacture might at this time remain in a state of comparative

obscurity. Very little will be observed on the constitutionality of the

question. He would apprize his friend from Georgia of an error which

he had fallen into, in confounding monopolies with patent rights. In

the United States they were distinct things; and whilst on the one

hand the Constitution of the United States has guarantied to inventors

their inventions, in its spirit and letter it is opposed to monopolies.

The renewal of a patent, said Mr. S., was not unprecedented, it was

a common thing in England and France; and, in the United States,

the cases of Evans and Whittemore furnished us with examples of the

transaction by the Congress of the United States. Mr. S. said he would

finish his remarks with the expectation that the House would pass the

bill as reported.

The committee rose, and had leave to sit again.

THURSDAY, June 11.

_Amy Dardin._

The House then resolved itself into a Committee of the Whole on the

report of the Committee of Claims on the petition of Amy Dardin, that

it is reasonable, and ought to be granted. After some debate, the

committee rose, and reported their agreement to the report; which was,

after debate, concurred in by the House. For the report 64; against it

42.

MONDAY, June 22.

_Additional Duties._

An engrossed bill for imposing additional duties upon all goods, wares,

and merchandise, imported from any foreign port or place, was read the

third time, and recommitted to a Committee of the Whole to-day.

The House accordingly resolved itself into a Committee of the Whole on

the bill; and, after some time spent therein, the Committee rose and

reported the bill to the House without amendment.

Mr. BIGELOW.--Mr. Speaker, it is well known that I have been uniformly

opposed to the measures which have drained the Treasury of its

money--more particularly to those measures of the present session,

which have rendered necessary such large appropriations, and laid the

foundation for an expense which no man can calculate. But, sir, as

those appropriations have been made; as expenses have been and must be

incurred; the means of payment must be provided. Sir, I hold it to be

a sound political principle--a principle from which this Government

never ought to depart--that the creation of public debt ought to be

accompanied with the means of its extinguishment. This principle was

strongly recommended in the administration of WASHINGTON, by the then

Secretary of the Treasury, in a report to Congress on the subject of

finance. He stated it to be the true secret for rendering public credit

immortal, and expressed a fervent hope that the Government of the

United States would always adhere to it. The arguments in favor of this

principle are plain and obvious. The public credit must be supported,

or the Government will lose the confidence of the people. The public

credit must be supported, or you put at hazard the best interests of

the country; you hazard, indeed, the very existence of the Government.

In popular Governments there is always a reluctance to laying burdens

upon the people. If, then, while creating a public debt, we neglect to

provide the means of payment, what will be the consequence? Will it be

less difficult or unpopular to do this after the debt has accumulated

to an enormous amount? No, sir. Depend upon it, the longer you delay

to provide the means for discharging the public debt, the greater will

be the risk and difficulty of doing it. What will be the consequence

of such neglect? Sir, the country will be deluged with Treasury notes;

these notes will depreciate, like the old continental money--the

whole history of which every one, acquainted with the history of the

Revolution, knows to be a history of public and private frauds. Sir,

the floodgates of corruption will be opened upon us. Already, sir,

tigers and sharks are feasting, in anticipation, on their prey.

Impressed, as I am, with the importance of the principle, that the

creation of public debt ought to be accompanied with the means of its

extinguishment, I confess it was with no little astonishment I learnt,

that doubling the duties on imported articles was the only means

to be provided; that, after the House had solemnly resolved upon a

system of taxation, embracing various subjects, and intended, as was

stated, to equalize upon the people of the different States, as far

as possible, the burden of taxation, that only one of those has been

selected, and that one the most unjust, the most unequal, and the most

mischievous of the whole. These remarks are not made, Mr. Speaker, from

an apprehension that doubling the duties on imported articles will

not effectually open the eyes of the people. Sir, it will be the most

unpopular tax you can impose. The people of this country--particularly

the eastern sections of it, upon whom this tax will bear peculiarly

hard--are too enlightened not to know, to see, and to feel, the

operation which an additional duty of 100 per cent. upon imported

articles will have upon them. They are too enlightened not to know that

this will be but the beginning of sorrow. Neither, sir, are they so

ignorant as not to know that the five millions of dollars which it is

calculated to raise by doubling the duties, will not discharge a loan

of eleven millions, and Treasury notes to the amount of five millions

more; much less that it will defray the expenses of the war. Yes, sir,

they will at once see, that, sooner or later, other taxes must and will

be resorted to. The true policy, then, of the United States is, in the

outset, to lay the foundation of a sure and certain revenue, and not to

depend, in a state of war, upon a revenue to be derived from a source

so uncertain as that of commerce. My objection is not that revenue

ought not to be raised, but to the present mode.

I have stated, sir, that this is an unjust measure. Let us for a moment

look at its operation. There is, probably, at a moderate calculation,

seventy millions' worth of imported goods now in the United States,

which have paid only the present rate of duties. Taking the calculation

of the Secretary of the Treasury as correct, that thirty-five millions

of imported goods yield a revenue, at the present rate of duties, of

five millions, the seventy millions now in the United States have paid

duties to the amount of ten millions.

What then will be the consequence of passing this bill? The owners of

the imported goods now in the United States are men who understand

their own interest. The moment, therefore, you pass this bill, and

impose double duties upon goods to be imported, the owners of goods now

on hand will increase the price as much at least as the amount of the

present rate of duties. The purchasers of these goods, therefore, will

have to pay to the owners ten millions of dollars more than the present

value. You will of course lay a tax of ten millions of dollars upon

the purchasers and consumers of these goods, without benefiting the

Treasury a single cent.

Does this, sir, comport with the principles of justice? Is it right

to take from one part of the community ten millions of dollars and

put it into the hands of another part? In opposing this measure, I

am not advocating the interest of the merchant, but of the farmer,

the tradesman, and mechanic. I am not willing that the people whom I

represent, in addition to the taxes they must pay to carry on the war,

should also pay such an enormous tax to the merchant.

Mr. MITCHILL expressed his sentiments as being favorable to an

augmentation of the duties on imports; though he was quite unprepared

to give his assent to such increase in the terms proposed by the bill.

It is therein proposed, sir, to double the existing customs. I think

this is not the best way of accomplishing the object intended. The bill

is brought before us for the avowed purpose of raising money. The mode

proposed is, by an addition of one hundred per cent. on the sums levied

upon imported merchandise. Now, although I am friendly to a revision of

our tariff, and to such an amendment of it as will materially increase

the receipts at the Treasury, I am very far from believing the method

now proposed for that purpose is the one we ought to adopt.

I object to the plan, because it takes for granted that the rate

of duties now extant in our statutes is precisely what it ought

to be. This I humbly conceive is not the fact. A brief recital of

our commercial system inwards, will show it. The impost, until the

adoption of the constitution of 1787, belonged to the respective

States. When the Government went into operation in 1789, it took the

direction and the profits of the custom-houses. One of the earliest

acts of the legislators, which, on that occasion, assembled at New

York, was to fix the sums which each denomination or parcel of foreign

merchandise should pay on being admitted into our country. This was

done, in the first instance, with all the skill which the patriotism

and intelligence of the members of the first Congress permitted.

From session to session, and from time to time, it was altered and

improved. The last memorable amendment, was, if I recollect right,

in the year 1804. Then, a variety of articles which had paid an _ad

valorem_ duty were _specifically_ enumerated and charged with duties

conformably. At that time our tariff was admirably calculated to answer

its several purposes. Much thought and profound knowledge had been

bestowed, to mature it, and render it as complete as possible. It was

at that time peculiarly and happily calculated for the good of the

nation.

But eight years have elapsed since that table of duties was arranged.

During that term, prodigious changes have taken place in the commercial

world. The principal part of the European Continent, from the Baltic to

the Mediterranean, and from the Atlantic to the Adriatic, have bowed

to the sovereignty of the Emperor of the French. He has published his

modern and enormous tariff, and caused it to be enforced throughout

his extensive dominions. Tobacco, cotton, and other great articles

of American produce, have been subjected to excessive and almost

prohibitory imposts.

Memorable alterations have been made, during the aforesaid period,

in the insular tariff--I mean of the British dominions. Their

regulations, as relate to lumber and the heavy materials of our growth,

as well as to the exportation of their own manufactures, have been

materially tightened and straightened. Their charges for convoy, port

accommodations, light-houses, and quarantine, are exceedingly heavy. It

is high time they should be examined, and thoroughly understood.

A great change has also taken place in the colonial system. France

has lost Martinique, Guadaloupe, and the Isle of Bourbon. Neither the

East nor the West Indies contain any provinces owing allegiance to the

Corsican Emperor. All the rum, sugar, coffee, and molasses of those

productive regions, were now English--and with the English nation

we were now at war. In like manner, the Batavian colonies had been

forced to submit to the Mistress of the Seas; and Guiana, the Cape

of Good Hope, Batavia, the Spice Islands, and all the other foreign

possessions of the Dutch, had yielded to her conquering power. All

their productions were now Anglican; and we could only obtain them from

or through an enemy.

Our own country had been transformed, during the last eight years,

into a situation exceedingly different from what it had ever been

before. It has taken many strides towards independence. The soil has

been more profoundly explored, and found to contain innumerable and

invaluable productions, which the mineralogist examines with pride,

and the economist turns to profit. The forest and the fields have been

proved to rear more indigenous plants, and to be capable of maturing

more exotic ones, than any observer had supposed. And the arts, trades,

and manufactures, which have arisen among us, have progressed with a

thriftiness of which I can cite you no example.

Mr. M. then took a survey of the three great purposes intended to be

furthered by the duties on imported merchandise. The first of these

was the collection of money for the Treasury; the second, was the

countervailing of other nations, by accommodating our duty to theirs;

and the third was to protect our infant and growing manufactures. He

contended that the mode proposed by the bill now before the House was

very imperfect in all these relations. It was unskilfully devised.

It did not contain those evidences of care and sagacity that ought

to beam in every feature. He was not willing to legislate in this

way--by a hop, step, and a jump. He wished the tariff to be varied in

such a manner as to suit the actual state of things, and the existing

condition of society and business. With such vast changes in the

commercial and manufacturing departments, both at home and abroad, who

could reconcile himself to a regulation, now antiquated, and differing

almost _toto cælo_, from the real _desideratum_.

Double duties on articles where great value was united to small bulk,

as in watches of gold and silver, and in precious stones, pearls and

jewelry of all kinds, might be an inducement to smuggling. Already we

know the temptation was too great to be resisted under the present

duties, and if they were augmented to the amount proposed, what

evasions might not be feared?

Mr. BLEECKER.--Mr. Speaker: I was happy to observe on Saturday that

the vote of the majority was not so uniform on this bill as usual.

This circumstance very much fortifies the arguments urged against it

on this side of the House, and proves that the opposition cannot be

referred merely to the spirit of party. Indeed, sir, the objections

to the increase of duty contemplated by this bill are so palpable and

obvious to my mind, that I still hope it will not finally pass. It will

be unequal and unfair in its operation in many respects. It will give a

vast advantage to the merchants who now have goods on hand over those

whose goods are not yet in the country, and which will be imported

after the passage of this bill. The additional duty will by the former

be added to the price of the goods, and thus an enormous profit will

be given them. But this is comparatively a minor consideration. It is

to be regretted, sir, that we have not a fair, just, and equal system

of internal taxation, judiciously devised, with a wise reference to

the feelings and temper of the people. But, in all our late plans and

schemes, we appear to go on without any reference at all to the temper

and feelings of the people. A revenue derived altogether from duties

on imports must always be unequal in its operation on different parts

of the country, and different classes of the community. There will

be districts of the country--there will be whole States--in which

manufactures will be carried on to a great extent; while other parts

of the country, and other States, have few or no manufactures. In this

respect there will be a serious inequality between manufacturing

and nonmanufacturing States. Again, sir, it is said that the duty

will be paid by the consumer. But it is not invariably true that the

consumer pays the duty. The whole of it is sometimes paid by the

consumer; it is sometimes divided between the importer and consumer,

and not unfrequently falls altogether on the importer. This depends

on a variety of circumstances--principally the state of the market.

When the market is overstocked, a great portion of it must fall on the

merchant. There must often be in this country a state of things which

renders it difficult or impossible to add the amount of the duty to the

price of the commodity. What the state of things, and what the market

will be during the war, for which this revenue is to be provided, it

is difficult to foresee; for what sort of a war we are to have, no one

can tell. It will perhaps be another anomaly furnished by American

politics. I believe, however, by the way, that gentlemen, who expect

much of "the pride, pomp, and circumstance of glorious war," will be

much disappointed.

But, sir, admitting with the gentlemen on the other side, that the

additional duty provided by this bill will be paid by the consumers

of imported articles, if the consumption is much more in one part of

the country than in another, the burdens of the war will be imposed

very unequally and unjustly. Now it was proved to demonstration by the

intelligent and accurate gentleman from Connecticut, (Mr. PITKIN,)

that the consumption of imported articles is much greater in one

section of the country than in the other. His statement and arguments

on this subject have not been denied. Indeed, the candid and honorable

gentleman who advocated this bill on Saturday, (Mr. BIBB,) admitted

that it would not operate equally. It will impose the burdens of the

war on the Atlantic, the commercial, States. It is true, sir, that

many imported articles are consumed in every part of the Union. Tea

and coffee, as the gentleman from Pennsylvania (Mr. SMILIE) told us,

are used in the Western country. But the great consumption of foreign

goods is in the Atlantic States; and, more than anywhere else, in the

Northeastern section, the most commercial States.

I know, sir, that this topic is regarded by many gentlemen as

ungracious and invidious. But legislating as we are for a confederated

Republic, it is worse than idle not to regard the character, situation,

and interest of the people, in the several sections of the Union; and

I ask gentlemen who are so ardent in the war, whose bosoms seem to

glow with patriotic fire, is it just and fair to abandon the internal

taxes and impose so much of the burden of the war upon the people of

the Northern and Eastern States, the majority of whom are known to be

opposed to it; whose hearts and souls are not in the business; who

are driven, and dragged, and forced into a war, in which they will

go with you no further, nor any longer, than a patriotic obedience

to the constitution and laws of the country requires; a war which

they consider unwise, impolitic, inexpedient, and ruinous; a war

which must annihilate their commerce; that commerce to which they owe

their rapid progress in population, in the arts of civilized life, in

knowledge, in literature, in all that adorns and makes society valuable

and interesting? From this people, in such a war, you have little to

expect. While we are talking of the protection of commerce and the

violation of neutral rights, they see us adopt the most effectual means

to destroy all their commerce.

Another objection of no little importance, that has been urged against

this bill, is its tendency to promote smuggling. Before the restrictive

system, which, however well meant by many, has proved so inefficacious

and ruinous, we had in this country a system of commercial morals, of

which we had much reason to boast. Such was the purity and fairness

of the mercantile character that in no other country in the world was

the revenue arising from duties on imports so punctually paid, so

easily and cheaply collected, and with the aid of so few officers. But

the unfortunate policy adopted in 1806 has destroyed the purity and

elevation of commercial morals. Evasions and violations of the laws

are no longer disreputable. And what, sir, must be the situation of a

country in which a constant evasion and open violation of the laws are

not reprobated by public sentiment. The moral and patriotic observer

will see with pain and mortification that we are about to add to the

temptations to increase the stimulus to evasions and violations of the

laws, still more to debase and degrade the commercial character of the

country.

There is, sir, another important view of the subject before us at this

moment. The increase of the duty, a reliance upon the impost as the

means of supporting the war, in connection with the abandonment of the

internal taxes, affords an instructive practical lesson on the nature

of our Government. It teaches you that it is unfit for the purposes

of foreign and offensive war. If gentlemen are now afraid to impose

the taxes, they must believe that the people will not bear them. And,

indeed, sir, few cases will occur in which the people will submit to

support the burdens of an offensive war. Seldom will the Government be

able to carry on such a war. But, sir, the conduct of those gentlemen

of the majority who are for imposing additional duties and abandoning

the taxes, proves another thing. If, when they have just entered upon

the war, they hesitate, and are afraid to exact of the people the means

necessary to carry it on, they must be conscious that the war is not so

popular as they have imagined, for if the people are so hearty in the

business as gentlemen have professed to believe, if they think the war

a wise, politic, and necessary measure, they cannot be unwilling to be

taxed a little for its support.

Mr. BRIGHAM.--Mr. Speaker, the protection and the regulation of

commerce has become a prime object of legislation. This bill provides

for the doubling of the duties on all imported merchandise.

Sir, the restrictive system has operated very severely on the

commercial part of the community--it has been the source of much

complaint. The commercial class of our fellow-citizens have been

oppressed; they have been impoverished by the policy of their own

Government, and they have been soliciting their rulers for relief.

They complained of the first embargo; what did they get? why,

non-intercourse. They complained of the non-intercourse, and you soon

gave them non-importation; when they complained of the non-importation,

they had, in addition to the evil complained of, a second embargo. They

then complained and prayed for the repeal of both these laws, and you

have given them a declaration of war--an open war against the United

Kingdom of Great Britain and Ireland, and the dependencies thereof.

They complain of this war, and you give them double duties on all

imported merchandise.

Sir, commerce, and the regulation of commerce, have become the Alpha

and the Omega; it is the cause of war--it is the professed object

and end of war; and by this bill, you are making provision for this

very class of citizens, who have been thus complaining, oppressed and

impoverished, to support the war by paying double duties.

Mr. Speaker, this increase of impost is a tax which, in my opinion,

will operate unjustly and unequally. It is imposing a heavier burden on

the Eastern and Northern, than on the Southern and Western States.

The former are under the necessity of importing and of consuming more

of the foreign manufactures, than the Southern States; and though

they are a hardy race, they are not able to encounter the severities

and rigors of the Northern winters without a much greater quantity of

clothing than is necessary for the people in the Southern climates.

Sir, the people in the Eastern States have been reduced in their

supplies; they have not been able to carry on their ordinary domestic

manufactures for want of the necessary means to prepare the crude

article for manufacture; and during this long session they have been

memorializing Congress, and praying that they might be allowed to

import the article of wire, and of such size as is not manufactured

within the limits of the United States, for the making of cards,

necessary to prepare cotton and wool for the making of cloth; but they

have not been permitted. Many have solicited Congress for leave to

import such goods and merchandise as were ordered and paid for before

the issuing of the President's proclamation in November, 1810; but

without success.

Mr. POTTER was in favor of a recommitment, but for other reasons

than those assigned by the mover. He wished it referred, to give an

opportunity to ascertain the sentiments of the House on the subject of

the repeal, or the partial suspension, of the present non-importation

act.

Mr. P. said he had found more pleasure in the pursuit of many of the

things of this world, than in the possession of them; and he found it,

in some measure, so with those who had been very zealous in the pursuit

of war. They appeared to him to have taken more pleasure in the pursuit

of their favorite object, than in the enjoyment of it; and he was not

sorry to see that the war spirit had already began to evaporate, and

the cold calculating spirit, so much reprobated at the commencement of

this session, becoming more fashionable.

Mr. P. had been induced to believe from the zealous patriotism

displayed this session, that this was to be a fighting, and not a

trading war; that those who had so generously pledged their lives in

support of the present war, would have had an opportunity of fighting,

and that those who had in the same manner pledged their fortunes in

support of any measure adopted by the Administration, would have an

opportunity of paying.

Mr. P. thought we had commenced this war for the protection of our

commerce and the encouragement of our manufactories, and not for the

purpose of extending the commerce and encouraging the manufactories

of Great Britain; as by this war, with the partial importation act,

(contemplated for the purpose of revenue,) we at once destroy our own

commerce, by placing in the hands of the English the greatest part we

have at sea, leaving the remainder useless, to rot at our wharves.

We destroy our manufactories of cotton by the strange selection, in

our partial importation act. We give to Great Britain advantages in

this war, that she has not enjoyed in time of peace. We surrender

to her what many say she has been contending for--the commerce of

the world--by giving her an opportunity of supplying us with her

merchandise under the flag of her friends; and, in the first onset of

this war, implicitly acknowledge our dependence upon them; that we

cannot do without their manufactures to clothe the nation, nor without

their commerce, to raise a revenue to carry on the war. Mr. P. said,

if he had been in favor of this war, it would have been painful to him

to be compelled to acknowledge that the people in this country, who

pretended to sigh so much for war, would not bear the least privations,

or consent in any event to pay taxes, but must depend upon their enemy

to clothe them, and to furnish them with an indirect commerce to raise

a revenue to fight them with. Mr. P. said a war thus carried on must be

without an object--very ruinous to this country and of long duration;

for, if Great Britain can send her manufactures into the United States

at high prices, and purchase our produce almost at her own price, and

be the exclusive carrier, both ways, in her own ships, under the flag

of neutrals entirely under her control; she can have no object in

making peace.

Mr. P. said if the non-importation act should be repealed or suspended

in part, agreeable to the letter of the Secretary of the Treasury,

and we are to have a trading war, we shall have a revenue sufficient

to answer all our purposes, without increasing our duties at all, as

we can disband our army and reduce our expenses, as the difference of

expense between a trading and a fighting war will be so great that

the present rate of duties will answer all our purposes; but, if the

non-importation act should not be repealed or suspended, we shall have

no importations of importance for the double duties to operate upon;

for, if you double your duties under such circumstances, by which you

raise one million of dollars, what is the operation upon the consumer?

Allowing, which is certainly the fact, that the whole amount of goods

in the country at this time is equal to one year's importation, which

would have given the Government a revenue of at least fifteen millions

of dollars, the present holder of the goods in this country will

immediately add the double duties to his present price, which will be

increased in consequence of the war; so that the consumers will have

to pay the present holders of the goods now in this country at least

fifteen millions of dollars, of which the Government's obtaining one

million of dollars on future importations, you compel the consumer to

pay at least sixteen.

Mr. P. said he would for a moment examine the letter from the Secretary

of the Treasury on the subject of revenue, recommending a partial

suspension of the present non-importation act. He calculates that,

by doubling the duties on such partial importation, allowing that we

should import only half as much from Great Britain in time of war as

in peace, that the duties would amount to the same. Here again, you

have no mercy on the consumers; as the operation in the first place

will be to give Great Britain double her prices for her goods, on which

the Government gets double duties, all which is to be paid by the

consumer, when the price of his produce is to decrease in much the same

proportion.

Mr. P. had heard much, on former occasions, about the encouragement of

our manufactories, and, although he never was himself for encouraging

them at the expense of the farmer, or the depression of our commerce,

yet he could but lament that, after the commercial spirit of the

country was almost broken down, and many of our commercial and

seafaring citizens had been compelled to quit their former employment

and resort to manufacturing for the support of their families, that the

labor of that valuable class of citizens were next to be assailed; for,

in examining the bill on our tables, in consequence of the letter of

the Secretary of the Treasury, recommending the partial importation,

what will be the effect upon the cotton factories? All cotton cloth

under fifteen pence and over three shillings per square yard, prime

cost, is to be prohibited, and all between these two prices are to be

imported, so that the quality almost exclusively manufactured, and in

general use in this country, is to be permitted.

Mr. P. thought this a very left-handed way of encouraging the

manufactures of this country; but it seems as though every

consideration in time of war as well as peace, is to be sacrificed

for the purpose of collecting money from the people in a manner the

most likely for them to remain in ignorance of the burdens that the

Government imposes upon them.

A motion was then made by Mr. RANDOLPH to amend the bill by striking

out the words "one hundred" before the words "per centum" in the first

section; and the question thereon being taken, it was determined in the

negative--yeas 50, nays 75.

SATURDAY, June 27.

_Naturalization Law._

Mr. LACOCK said that he should not offer any subject for the

consideration of the House at this late stage of the session, had he

not been convinced the subject was such as required the immediate

interposition of Congress. It would be found, by an examination of the

naturalization laws, that, after the declaration of war with Great

Britain, the courts were prohibited from naturalizing any foreigners,

although they might have registered their names and resided in the

country during the probationary period required by law. To these

persons, it appeared, the Government was pledged, and the change of the

relation between the two countries, did not lessen the obligation the

Government was under to redeem that pledge, and admit those persons

to the rights of citizens. It would, moreover, be recollected that,

by the State laws, those persons were made subject to perform militia

duty, and that, as volunteers, or otherwise, they would compose a part

of our Army; and, perhaps, while in this situation, might be taken and

punished as traitors by their Government. No apprehension of danger

could be entertained by their admission to the rights of citizens.

They were, most of them, attached strongly to our Government, and

sought this country as an asylum from oppression, &c. He was, by these

considerations, induced to offer the following resolution:

"_Resolved_, That a committee be appointed to inquire into the

expediency of so amending the naturalization laws of the United

States as to admit to the rights of citizenship such aliens

as have emigrated from the United Kingdom of Great Britain

and Ireland and her dependencies to the United States or her

Territories previous to the eighteenth day of June, 1812, and

that the committee have leave to report by bill or otherwise."

The resolution was agreed to, and Messrs. LACOCK, EMOTT, and TROUP,

were appointed a committee accordingly.

MONDAY, July 6.

_Adjournment._

A message from the Senate informed the House that the Senate have

concurred in the resolution for the appointment of a joint committee

to wait on the President of the United States, and inform him of the

proposed recess of Congress; that the President of the United States

did, this day, approve and sign "An act respecting the pay of the

Army of the United States;" and that the Senate, having completed the

legislative business before them, are ready to adjourn.

Mr. NEWTON, from the committee appointed to wait on the President of

the United States and inform him of the proposed recess of Congress,

reported that the committee had performed that service, and that the

President answered, that he had no further communication to make.

_Ordered_, That a message be sent to the Senate to inform them that

this House, having completed the business before them, are now ready to

adjourn; and that the clerk do go with the said message.

The clerk accordingly went with the said message; and, having returned,

the Speaker adjourned the House until the first Monday in November

next.

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