APRIL 1, 1812.

On motion of Mr. PORTER, the Message was referred to the committee

appointed on that part of the President's Message at the commencement

of the session, which relates to Foreign Relations.

And, after a short lapse of time, Mr. Porter, from the Committee on

Foreign Relations, to whom was referred the above-cited Message of the

President of the United States, presented a bill laying an embargo on

all ships and vessels in the ports and harbors of the United States;

which was read twice, and committed to a Committee of the whole House

to-day.

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

the said bill; and,

Mr. BOYD then moved to amend it by striking out of the first section

sixty days, and insert one hundred and twenty days. He said a gentleman

declared the measure to be a precursor to war--the time will be much

too short for the great amount of American property now abroad to

return; the motion was negatived.

Mr. SEYBERT viewed the subject as of vast importance; he considered

that the proposition came to the House in a very questionable shape;

he wanted information, and he called upon the Committee of Foreign

Relations to say whether it is to be considered as a peace measure or a

precursor to war.

Mr. GRUNDY (one of the committee) said he was willing to answer the

very proper inquiry of the gentleman from Pennsylvania, (Mr. SEYBERT,)

that he understands it as a war measure, and it is meant that it shall

lead directly to it; that with any other view there can be no propriety

in it; as a peace measure, he had no idea that the President would have

recommended it, nor would the committee have agreed to it. He hoped the

gentleman from Pennsylvania would now be satisfied, and prepare his

mind to vote for it.

Mr. MCKEE objected to the last section, on account of the penalties

which it proposed, which he considered altogether unimportant, as it is

to be a precursor to war, it being merely precautionary and for a short

time. He made some other inquiries respecting the section, and why such

provisions were in it.

Mr. PORTER said the bill was draughted according to the wishes and

directions of the Secretary of the Treasury.

Mr. STOW said the subject before the committee ought to be considered

of very great importance. If, as some gentlemen say, it is a precursor

to war, there were some very serious questions to be asked--What is

the situation of our fortresses? What is the situation of our country

generally? He would answer, they are defenceless, particularly the

fortifications in New York, which are unmanned and unarmed. He said

this fact appeared by a letter now in possession of a member of the

House, which has very lately been received from Judge Livingston, of

New York. Mr. S. said, that to try the question whether we will now lay

an embargo, he moved that the first section of the bill be stricken out.

Mr. CLAY (the SPEAKER) then warmly expressed his satisfaction and

full approbation of the Message, and the proposition now before the

Committee. He approved of it because it is to be viewed as a direct

precursor to war. He did not wish upon this occasion to hear of the

opinion of Brockholst Livingston or any other man. No gentleman can

question the propriety of the proposition. Gentlemen who said so much

about the want of preparation are not for war. He considered this a

war measure, and as such he should discuss it. Sir, said Mr. C., after

the pledges we have made, and the stand we have taken, are we now to

cover ourselves with shame and indelible disgrace by retreating from

the measures and grounds we have taken? He then stated our measures,

our pledges, and the great injuries and abuses we have received. He

said, what would disgrace an individual under certain circumstances

would disgrace a nation. And what would you think of one individual

who had thus conducted to another, and should then retreat? He did

not think we were upon this occasion in the least embarrassed by the

conduct of France in burning our vessels; that may be a subject of

future consideration. We have complete evidence as to the enemy whom we

have selected. As weak and imbecile as we are, we would combine France

if necessary. He said there was no intrinsic difficulty or terror in

the war: there was no terror except what arises from the novelty. Where

are we to come in contact with our enemy? On our own continent. If

gentlemen please to call these sentiments Quixotic, he would say he

pitied them for their sense of honor. We know no pains have been spared

to vilify the Government. If we now proceed we shall be supported

by the people. Many of our people have not believed that war is to

take place. They have been wilfully blinded. He was willing to give

them further notice. It remains for us to say whether we will shrink

or follow up the patriotic conduct of the President. As an American

and a member of this House, he felt a pride that the Executive had

recommended this measure.

Mr. RANDOLPH said he was so impressed with the importance of the

subject and the solemnity of the occasion, that he could not be silent.

Sir, said Mr. R., we are now in conclave; the eyes of the surrounding

world are not upon us. We are shut up here from the light of Heaven;

but the eyes of God are upon us. He knows the spirit of our minds.

Shall we deliberate upon this subject with the spirit of sobriety and

candor, or with that spirit which has too often characterized our

discussions upon occasions like the present? We ought to realize that

we are in the presence of that God who knows our thoughts and motives,

and to whom we must hereafter render an account for the deeds done in

the body. He hoped the spirit of party and every improper passion would

be exorcised, that our hearts might be as pure and clean as fall to the

lot of human nature.

He was confident in declaring that this was not a measure of the

Executive--that it was engendered by an extensive excitement upon the

Executive. He agreed with the gentleman from Pennsylvania (Mr. SEYBERT)

that it comes to us in a very _questionable shape_, or rather in an

_unquestionable shape_--whose ever measure it is, the people of the

United States will consider it as a subterfuge for war; as a retreat

from the battle. We some years ago resolved that we must have _war_,

_embargo_, or _submission_--we have not had war or submitted--we must

therefore have embargo. It appears to be limited to sixty days; at the

expiration of that time will any one say we shall be prepared for war?

Sir, we are in the situation of a debtor who promises to pay his note

at the bank in sixty days--we shall prolong the time sixty days, and

sixty days after that, until deferred hope makes the heart sick. He

would tell the honorable Speaker that, at the end of sixty days, we

shall not have war, and the reason is, the Executive dare not plunge

the nation into a war in our unprepared state.

Mr. BOYD, of New Jersey, said, while he admitted the fire and spirit of

the honorable Speaker, he thought he would do well to be considerate.

He asked whether we were prepared to assail our enemy, or repel her

attacks? He asked, whether it is wise in an unarmed nation, as we are,

to commence hostilities against one so completely prepared?

The motion to strike out the first section was lost--ayes 35, noes 70.

Mr. SEYBERT said, that in voting for the several important measures

which Congress have agreed to this session, he felt himself pledged

to go to war; that he was in favor of an embargo as a precautionary

measure and precursor to war. When we voted for the twenty-five

thousand men he supposed the Executive intended war--but he has now

such information from a friend in whom he confides, as leads him to

believe that offensive operations are not meant. We ought to be better

prepared before we engage in war. He had observed in the Baltimore

papers that the British have ordered a squadron and twenty thousand men

for our coast.

Mr. SMILIE expressed his surprise at the observations of his friend

and colleague: he did not know from what quarter he had obtained his

information, that the President does not mean war. Does he believe

he has all this time been deceiving the Legislature? He had heard but

one sentiment from the President, which is, _that we must make war_

unless Great Britain relents. The President had always supposed that

the embargo must precede war--the only difference has been as to the

time, which has been finally compromised. The embargo is intended as

a war measure. He would assure his colleague it was intended by both

the Executive and the Committee of Foreign Relations. That being now

up, he would observe that, at the beginning of the session, he was not

so warm for war as many were, but he was for commercial restrictions.

He was not for the twenty-five thousand men; but as the House have

determined otherwise he would now go to war--if we now recede we shall

be a reproach among all nations.

Mr. SEYBERT then said, that his intention was to resist seriously Great

Britain; he would be plain; but he was not for going to war unprepared.

When the bill for raising the twenty-five thousand men was before

the House, it was then declared to be according to the wishes of the

Secretary at War--since that time the Secretary has said it was not his

wish, from which he concluded it was not the wish of the President.

Mr. RANDOLPH proposed to read, from memoranda in his possession, of

what occurred in the Committee of Foreign Relations, and a conference

between them and the Secretary of State; which was objected to.

Mr. BASSETT (Chairman) considered it in order.

Mr. CALHOUN appealed.

The Chairman's decision was confirmed--yeas 60.

Mr. RANDOLPH said, it will appear that the embargo is not preparatory

to war, that is to say, it was not necessarily so, and of course

not of the character which the Speaker has considered it. From his

minutes (among other facts) it appeared that Mr. Monroe said to the

committee that the President thought we ought to declare war before we

adjourn, unless Great Britain recedes, of which there was no prospect.

That there was conversation about an embargo. Mr. Monroe was asked

by some of the committee whether the President would recommend it by

message; he answered that he would, if he could be assured it would be

acceptable to the House. He also said Mr. Barlow had been instructed to

represent to the French Government our sense of the injuries received,

and to press upon them our demands for reparation--that if she refused

us justice, the embargo would leave the policy as respects France, and

indeed of both countries, in our hands. He was asked if any essential

alterations would be made within sixty days, in the defence of our

maritime frontier or seaports? Mr. M. answered that pretty considerable

preparations would be made. He said New York was in a respectable state

of defence, but not such as to resist a formidable fleet; but that it

was not to be expected that such a kind of war would be carried on. It

was replied that we must expect what commonly happens in wars. Mr. M.

said that, although a great distress and injury might take place in

one part of the Union, it would not essentially affect the population

or resources of the Union at large. As to the prepared state of the

country, he said, in case of a declaration of war, the President would

not feel himself bound to take upon himself more than his share of the

responsibility. Mr. M. said that the unprepared state of the country

was the only reason why ulterior measures should be deferred.

Mr. R. then said that the step we are about taking is too high a price

to pay for the consistency of gentlemen who think they have gone too

far to recede; it is too expensive to bolster them up in this way. He

asked what will be the situation of this people in sixty days? Put your

note into the bank, and see how soon it will be out. What will be the

situation of this unhappy, misguided country? What would it have been

for sixty, one hundred, or three hundred and sixty-five days past? He

had hoped not to have seen the old story of the dog worrying the cat,

&c., realized. Are the majority, in consequence of having been goaded

by the presses, to plunge the people into a war by bringing them first

to the whipping-post and then by exciting their spirit? He would assure

the House the spirit of the people is not up to it at this time; if so,

there would be no necessity of those provocations to excite this false

spirit--this kind of Dutch courage. If you mean war, if the spirit of

the country is up to it, why have you been spending five months in idle

debate?

Messrs. GRUNDY and CALHOUN said they were not impressed with a

recollection of the facts which occurred before the Committee of

Foreign Relations in the same manner as had been stated by Mr.

RANDOLPH. They did not recollect that Mr. Monroe said the embargo would

leave the policy, as respects both belligerents, in our hands.

Mr. PORTER said he was in favor of an embargo, as a measure which ought

to precede war; but it was very important that we should be prepared

before we commence war. He did not believe it was possible to commence

it with safety within four months from this time. Such a measure as an

embargo would be of immense injury to the State of New York, on account

of their flour which has gone to market.

The committee rose and reported the bill without amendment, and the

question was, Shall it be engrossed for a third reading?

Mr. QUINCY then moved that the injunction of secrecy be taken off from

the proceedings.

Mr. PITKIN said there was but one precedent of an embargo being passed

with closed doors.

The ayes and noes were agreed to be taken on Mr. QUINCY'S motion.

Mr. WRIGHT then made a question of order on Mr. QUINCY'S motion.

The SPEAKER decided it was not in order, another question being before

the House.

Mr. LITTLE then moved the previous question, which he soon withdrew.

Mr. STOW then expressed his alarm and astonishment at the course we

are taking. He said the country was wholly unprepared to enter into

a war within the time which had been mentioned. He warned gentlemen

of their danger, and the ruin which threatened our defenceless towns.

The authority which he had cited ought to have more weight than the

hear-says of some young members in this House. The elections of the

maritime parts of the country will put your places into the possession

of your political adversaries. You may be assured you tread on

deceitful ground. The intelligent party of the community at the North

are against the war. There is no calculating the injury it will be to

the State of New York.

Mr. BASSETT spoke in favor of the measure, and respecting the injuries

we have received from Great Britain.

Mr. ROBERTS then moved for the previous question.

Mr. SHEFFEY called for the ayes and noes.

The motion for the previous question was carried--ayes 66, noes 40.

The question was, Shall the bill be engrossed for a third

reading?--Carried--ayes 71, noes 30.

The question was then, on what day shall it be read?

Mr. GRUNDY moved it be read immediately.

Mr. MACON proposed to-morrow.

Mr. QUINCY said (it then being half-past seven o'clock in the evening)

he had not been able to take any part in the debate; that the measure

which had been thus hurried, was extremely interesting to his immediate

constituents, and he was very anxious to express his sentiments upon

it--but he was so fatigued with the tedious sitting, that he was unable

to do it this evening, and hoped the House would indulge him until

to-morrow. He would not condescend to debate such a question in the

present state of the House, and he asked for the ayes and noes on Mr.

MACON'S motion, which were agreed to be taken.

Mr. D. R. WILLIAMS said he was desirous to grant the request of the

gentleman from Massachusetts. It was in his opinion a very reasonable

one. The deportment of the other side of the House had, during the

whole of the session, been very gentlemanly towards the majority;

and, sir, said he, will you now refuse to give them an opportunity

to express their sentiments upon a measure which, in their view, is

important? He said that policy on the part of the majority ought to

dictate the indulgence asked for. The majority now stand on high

ground--what will be said, and what will be the consequence of a

refusal? We shall lose the ground on which we now stand.

Mr. MACON was of the same opinion; he thought the minority had acted

with more propriety than he ever knew in a minority.

Mr. WRIGHT objected, although he was willing to acknowledge the

minority had conducted with propriety.

Mr. NELSON said it appeared to him that according to the importance of

subjects, so is our precipitancy. Is the minority thus to be dragooned

into this measure? For one, he wished to reflect upon it. The first

intimation he had of this measure, was the Message. If it is intended

as a precautionary measure, as the precursor to war, as some gentlemen

have treated it, it is a question of doubt in his mind. He thought it

better to arm our merchantmen; to grant letters of marque and reprisal;

and repeal our non-importation law. We have already suffered enough

under our restrictive system. If we pass the bill to-night, it cannot

be a law until the other branch act upon it. When we are going to war,

it will be well known that we have the spontaneous support of more than

one-half the community.

Mr. ALSTON said he would have voted on the motion, if the gentleman had

not asked for the ayes and noes; but as he appears desirous to marshal

one side of the House against the other, he was not disposed to gratify

him in his request.

Mr. WIDGERY declared war to be inevitable, and it ought not to be

delayed; on this account he was against postponing the bill until

to-morrow. If we do it at all, it ought to be speedily. It is not to be

believed that argument will change a single vote. The responsibility is

on the majority.

The question on reading to-morrow was negatived--57 to 54.

It was then read a third time; and on the question, Shall the bill

pass? it was carried--ayes 70, noes 41.

_Ordered_, That the title be, "An act laying an embargo on all ships

and vessels in the ports and harbors of the United States for a limited

time."

Mr. GRUNDY and Mr. WRIGHT were appointed a committee to carry the

said bill to the Senate, and to inform them that the House of

Representatives have passed the same, in confidence, and to desire

their concurrence therein.

And the doors were then opened.

THURSDAY, April 2.

On motion of Mr. GRUNDY, the House was cleared of all persons except

the members, Clerk, Sergeant-at-Arms, and Doorkeeper, and the doors

were closed.

Mr. GRUNDY, from the Committee on Foreign Relations, presented a bill

"in addition to the act, entitled 'An act to raise an additional

military force, passed the eleventh of January,'" 1812, which was read

twice, and committed to a Committee of the Whole to-day.

A question was made and taken, whether the provisions contained in the

bill were of such a nature as to require secrecy in the discussion,

and passed in the affirmative--yeas 71, nays 34.

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

said bill; and, after some time spent therein, the bill was reported

without amendment, and ordered to be engrossed, and read the third time

to-day.

The said bill was accordingly engrossed, and read the third time;

and, on the question that the same do pass, it was resolved in the

affirmative--yeas 73, nays 20.

_Ordered_, That the title be, "An act in addition to the act, entitled

'An act to raise an additional military force, passed on the eleventh

of January, 1812.'"

Messrs. CALHOUN and WILLIAMS were appointed a committee to carry

the said bill to the Senate, and to inform them that the House of

Representatives have passed the same, in confidence, and to desire

their concurrence therein.

The doors were then opened.

FRIDAY, April 3.

On motion of Mr. GRUNDY, the House was cleared, and the doors were

closed.

A motion was then made by Mr. GRUNDY, that the House do come to the

following resolution:

_Resolved_, That a committee be appointed to inquire whether

there has been any, and if any, what violation of the secrecy

imposed by this House during the present session, as to certain

of its proceedings, and that the said committee have power to

send for persons, papers, and records.

And the question thereon being taken, it passed in the

affirmative--yeas 106, nays 3.

Messrs. GRUNDY, TROUP, ROBERTS, BRECKENRIDGE, and TALLMADGE, were

appointed the committee.

Mr. PORTER, from the Committee on Foreign Relations, presented a bill

authorizing the President of the United States to appoint additional

Brigadier Generals, in certain cases; which was read the first time:

When a message was received from the Senate, by a committee of that

body, appointed for the purpose, consisting of Messrs. BIBB and

CAMPBELL, of Tennessee, notifying the House that the Senate have passed

the bill, entitled "An act laying an embargo on all ships and vessels

in the ports and harbors of the United States, for a limited time,"

with amendments; in which they desire the concurrence of the House.

On motion of Mr. PORTER, the bill reported by the Committee on Foreign

Relations, this day, was ordered to lie on the table.

The House proceeded to consider the amendments of the Senate to the

bill, entitled "An act laying an embargo on all ships and vessels in

the ports and harbors of the United States;" and the said amendments

being read at the Clerk's table, a motion was made by Mr. LEWIS, that

the said bills and amendments be postponed indefinitely.

Mr. QUINCY expressed in strong terms his abhorrence of the measure. He

said that if he believed it to be a preparation for war, he should have

a less indignant sense of the injury than he felt now, as he deemed it

pure, unsophisticated, reinstated embargo. The limitation of sixty or

ninety days gave little consolation or hope to him, because he knew how

easily the same power which originated could continue this oppressive

measure.

He said that his objection was, that it was not what it pretended

to be; and was what it pretended not to be. That it was not embargo

preparatory to war; but, that it was embargo as a substitute for the

question of declaring war. It was true that it was advocated as a

step incipient to a state of war, and by way of preparation for it,

by gentlemen whose sincerity he was bound to respect. He could not,

however, yield the conviction of his senses and reflections to their

asseverations; nor declare, in complaisance to any, let them be as

respectable as they might, that he saw in this measure more or less

than its features indicated.

Is this embargo what it pretends to be--preparation for war? In the

first place, no sudden attack is expected from Great Britain. It is not

suggested that we have a tittle of evidence relative to any hostility

of her temper which is not possessed by the whole community. The

President has not communicated to us one document or reason for the

measure. His Message merely notifies to us his will and pleasure.

An embargo, as preparatory to war, presupposes some new and hidden

danger, not known to the mercantile community. In such case, when

the Government sees a danger of which the merchant is unapprised, it

may be wise to stay the departure of property until the nature and

extent of it can be explained, but not a moment longer. For, let the

state of things be that of war or peace, the principle is precisely

the same. The interest which the community has in the property of

individuals is best preserved by leaving its management to the interest

of the immediate proprietor, after he is made acquainted with all

the circumstances of the times which have a tendency to increase its

exposure.

The reason of an embargo, considered as an incipient step to war, is

either to save our property from depredation abroad, or keep property

which we want at home. Now it happens that the nature of the great mass

of our exports is such that there is little danger of depredation from

the enemy we pretend to fear abroad, and little want of the articles

most likely to be exposed at home. The total export of last year

amounted, as appears by the report of the Secretary of the Treasury,

to $45,000,000. It also appears by that report, our exports to Great

Britain and her dependencies, and also to those of Spain and Portugal,

were $38,500,000. Nearly seven-eighths in value of our whole exports

have been, and continue to be, to the dominions of that very power from

which so much is pretended to be apprehended. Now, it is well known

that these articles are of very great necessity and importance to her,

and whether, even in the case of actual war between our countries,

Great Britain would capture them, might be questionable. But that she

would capture them on the mere preparation, before one really hostile

act was committed on our part, is not only unreasonable, but absolutely

absurd to expect. This very commerce which, by the passing of this

bill, you indicate it is her intention to prohibit or destroy, it is

her obvious and undeniable policy to unite and cherish; besides, the

articles are in a very great proportion perishable, which, by this

embargo, are to be prohibited from going to market. Which is best--to

keep them at home, to a certain loss and probable ruin, or adventure

them abroad to a possible loss and highly probable gain? Ask your

merchant. Ask common sense.

But it is said "we must protect our merchants." Heaven help our

merchants from _embargo-protection_! It is also said that "the present

condition of things has been brought upon the country by the merchants;

that it was their clamor, in 1805 and 1806, which first put Congress

upon this system of coercive restriction, of which they now so much

complain." It is true that, in those years, the merchants did petition;

not for embargo, not for commercial embarrassment and annihilation, but

for protection. They, at that time, really thought that this national

Government was formed for protection, and that it had at heart the

prosperity of all the great interests of the country. If "it was a

grievous fault, grievously have _the merchants_ answered it." They

asked you for relief, and you sent them embarrassment. They asked you

for defence, and you imposed embargo. They "asked bread, _and you_ gave

them a stone." They "asked a fish, _and you_ gave them a serpent."

Grant that the fault was great, suppose that they did mistake the

nature and character of the Government, is the penalty they incurred

by this error never to be remitted? Permit them once to escape, and my

word for it, they will never give you an apology for this destructive

protection. If they do, they will richly deserve all the misery which,

under the name of protection, you can find means to visit upon them.

Your tender mercies are cruelties. The merchants hate and spurn this

ruinous defence.

Mr. Q. then took notice of an intimation which had been thrown out in

relation to an express, sent off on the day preceding the Message of

the President, giving notice that the embargo would be proposed the

ensuing day. He said that there was no necessity of speaking of that

matter by distant allusions, as if there was any thing that sought

concealment. That is not an affair, said Mr. Q., that shuns the light.

I had the honor and the happiness, in conjunction with another member

of this House, from the State of New York, (Mr. EMOTT,) and a Senator

from Massachusetts, (Mr. LLOYD,) to transmit that intelligence to

Philadelphia, New York, and Boston, by an express which started on

Tuesday afternoon. In doing this, we violated no obligation, even of

the most remote and delicate kind. The fact that the Committee of

Foreign Relations had decided that an embargo should be proposed on

Wednesday, was openly avowed here on Tuesday, by various members of

that committee, to various members of this House. Among others, I was

informed of it. I shall always be grateful to the gentleman who gave

me that information. Indeed, the whole commercial community are under

great obligations to the Committee of Foreign Relations for their

feeling and patriotism in resolving on that disclosure. It enabled

us, by anticipating the mail, to give an opportunity for great masses

of property to escape from the ruin our Cabinet was meditating for

them. Yes, sir; to escape into the jaws of the British lion, and of

the French tiger, which are places of refuge, of joy and delight, when

compared with the grasp and fangs of this hyena embargo. What was the

effect of this information? When it reached Philadelphia, the whole

mercantile class was in motion, and all that had it in their power

were flying in all directions from the coming mischief, as if it were

a plague and a pestilence. Look, at this moment, on the river below

Alexandria, and the poor seamen, towing down their vessels against wind

and tide, anxious only to escape from a country which destroys under

the mask of preserving.

Mr. GOLD.--The first object with a wise Legislature is, Is the

law expedient? The second object, which should never for a moment

escape attention, Can the law be executed? Under the first head, the

advocates of embargo disclaim the measure as appertaining to the odious

restriction system: they present it as the old-fashioned, legitimate

precursor of war, as the provident measure of Government to protect

your merchants against reprisals resulting from meditated hostilities.

In this view can you be prepared for war at the expiration of the

embargo? Will you open your campaign at mid-summer? Whatever appearance

this measure may now assume, the country have grounds to fear a relapse

into the old system--you will go again back into Egypt.

But, on the second head, can your law be executed? Does the history of

the past in our own, or any other country, warrant such an expectation?

Can you watch the extended line, of forty-five degrees north, for

hundreds of miles, so as to prevent a transit for commercial exchange,

indispensable to the necessities of the country? No, sir, it is a vain

expectation; your army of 25,000 could not prevent the intercourse:

their sympathies would rather lead them to connive at what they could

not fail to see. Great Britain, with a canvas that whitens every sea,

her revenue boats always in motion, and tide waters at every inlet or

avenue, has not been able to prevent the smuggling in of about one-half

the tea consumed in that Kingdom. Such is the conviction of English

writers! It may be found in the appendix to McCartney's Embassy, and in

the Life of the second Pitt. Where men have expended their substance in

purchasing and collecting an article for export, under the subsisting

faith of your laws permitting such export, it is not mere injustice,

but cruelty in the Government towards its citizens to arrest such a

commerce by an _ex post facto_ law, and consign those concerned to the

prison walls, and their families to beggary. Nothing short of the most

imperious necessity, the safety of the community, can justify so severe

a proceeding. But, sir, with a single exception of timber, the commerce

between the northern frontiers and Canada, will, for the ninety days

of this embargo, be little else than the mere exchange of articles

indispensably necessary to the poor frontier settlers. How are they to

be supplied with the article of salt? Believe me, sir, the morality of

no part of the United States, or of any nation on earth, will restrain

persons under such circumstances from eluding the laws. Does any man

believe that this frontier traffic is not as beneficial to us as to our

enemies? Can your law fail of producing more injury and loss to the

United States, than benefit? Have you not witnessed, sir, that while

you was exercising paternal care in enacting an embargo by water, for

the seaboard, that our merchants and navigators, roused as by a shock

of thunder, escaped from your shores, with their vessels, as from a

destroying angel--from pestilence and death?

Mr. BLEECKER, in a speech of about twenty minutes, made an able,

solemn, and impressive address to the House, urging them to ponder, and

desist from the dangerous course they were pursuing, and forewarned

them of the calamitous consequences that would inevitably result.

Mr. MITCHILL said, in viewing political subjects and dangers, some

are inclined to look through political microscopes, which diminish

them; others, misled by their imaginations, look through political

telescopes, and are apt to magnify and enhance them. He, for one,

was for viewing our situation with his naked optics--for looking at

it as it really is. He could not be considered as less alive to the

interests and happiness of the inhabitants of that city, respecting

whom so much sensibility has been expressed, than any other gentleman.

There were his intimate friends, connections, and what little property

he possessed. No one could feel more for their sufferings under

commercial restrictions, or in case of an assault upon it by the

enemy. And if he was to consult only his personal sensibilities, they

were all in favor of the people of that country with whom we are to

enter into a conflict. He has no prejudice against them. He there

received his education. He has lived in North and South Britain. From

actual residence, he knows them from the Grampian Hills to Dover. He

knows them, however, to be a proud, overbearing nation. From former

residence, and also from recent intelligence, (and that within a few

days, by late arrivals,) he knows that they consider us a sort of a

generation whom they have a right to despise. We are viewed in this

unworthy, degraded situation, not on account of our want of resources,

or population; but because they believe we cannot stand together--that

we have no confidence in ourselves--that we cannot lead armies into

their countries. Their object has been, since the year 1806, to divide

and distract us, and to prevent our taking efficient measures. Sir,

what has been the cause of our present condition? It is well known

that, in 1806, he was made the organ of his constituents, as other

gentlemen were for Salem and other commercial places, to present to

Congress their plaints and wailings, on account of the grievances

they suffered upon the subject of carrying colonial produce, and the

continuity of voyage. The archives of this House will prove this.

They declared they should be ruined if the British doctrine should be

countenanced. The Government were goaded by these applications for

relief. The Government began, and continued pacific measures, until we

have got into our present situation.

Mr. WIDGERY spoke with much warmth in favor of the embargo and war.

Mr. STUART said, if it was in order, he would ask the gentleman

from Massachusetts (Mr. WIDGERY) a few questions. He would ask that

gentleman if he was, during the last embargo, a ship owner? If so, did

he not go to England during the embargo? If so, how did he go?

Mr. WIDGERY answered that he went by water.

The SPEAKER observed these questions were not in order.

Mr. STUART said if they were not in order he would sit down.

The question was now taken on indefinite postponement, and determined

in the negative--yeas 42, nays 72.

On motion of Mr. ROBERTS, the previous question was demanded by

a majority of the members present: Whereupon the question was

taken, in the form prescribed by the rules and orders of the House,

to wit: "Shall the main question be now put?" and passed in the

affirmative--yeas 67, nays 44.

The SPEAKER then decided that the main question to now put, was: "Will

the House concur with the Senate in the amendments made to the bill?"

and not upon the proposition for postponement.

From which decision Mr. RANDOLPH moved an appeal; which being seconded,

the question was put, "Is the decision of the Chair correct?" and

decided in the affirmative.

SATURDAY, April 4.

The House was cleared of all persons, and the doors were closed.

_Additional Brigadier Generals._

The House resumed the consideration of the bill authorizing the

President of the United States to appoint additional Brigadier

Generals, &c.

Mr. SAMMONS.--Mr. Speaker: If those officers are intended to command

the militia, I trust in God this bill will not pass. What! shall our

militia be commanded by officers commissioned by the President? Can the

President be as well acquainted with the qualifications and abilities

of officers in the militia as the Governors of the States? It cannot be

expected. What spirit can be in the people to support the war if the

Federal Government takes away the right of the States to appoint the

officers for commanding their militia? If our Government takes away

our liberty, is it necessary to contend with a foreign Government for

our rights? In former times the officers were appointed in such parts

as the men were raised: that is not the case now. Some time in the

session, I was told by some of the Southern members, "we will give you

officers if you will find the men." It is a fact, that, before our New

York troops were raised, a Major from North Carolina was appointed;

and was ordered to take the command of troops enlisted in New York.

Governor Hull's son, from Detroit, is appointed to the command of one

of our companies, and is on command with his father as his aid. Where

is the justice? Shall we have companies without captains, or shall the

United States pay for two captains? (for Hull is returned in Colonel

Schuyler's regiment as captain.) He cannot belong there. In such

proceedings I almost tremble for the consequence to my country.

There is no necessity or propriety in appointing more Generals, in my

opinion, at present, for our regulars--for the President is directed

to appoint eight Brigadiers and two Major Generals. I believe they

are not all appointed, and of those that are appointed, I hear one is

sent home because they have no command for him. If this bill passes,

our Government will be as bad as that of Great Britain before the

Revolution. In the Declaration of Independence we complain of the King,

that "he has erected a multitude of new offices, and sent hither swarms

of officers to harass our people and eat out their substance." But if

those ten Generals are not sufficient, this House has passed a bill at

the request of the President of the United States to commission and

appoint the officers for fifty thousand militia volunteers. There are

limits empowering how many he shall appoint--he may appoint twelve

Brigadiers and four Major Generals--will not that be as many as he

wanted?

MONDAY, April 13.

A confidential message was received from the Senate by a committee of

that body appointed for the purpose, consisting of Mr. VARNUM and Mr.

ANDERSON, notifying the House that the Senate have passed the bill,

entitled "An act to prohibit the exportation of specie, goods, wares,

and merchandise, for a limited time," with amendments; in which they

desire the concurrence of the House.

The said amendments were read at the Clerk's table: When a motion was

made by Mr. GOLDSBOROUGH that the said bill be _postponed indefinitely_.

And the question thereon being taken, it was determined in the

negative--yeas 35, nays 62.

The question was then taken to concur in the said amendments, and

passed in the affirmative.

Mr. SMILIE and Mr. PLEASANTS were appointed a committee to deliver

a message to the Senate, and inform them that the House of

Representatives have concurred in their amendment to the bill aforesaid.

The doors were then opened.

TUESDAY, April 14.

Mr. CRAWFORD, from the Joint Committee for Enrolled Bills, reported

that the committee had examined an enrolled bill "to prohibit the

exportation of specie, goods, wares, and merchandise, for a limited

time," and had found the same to be truly enrolled: When, the SPEAKER

signed the said bill.

Mr. CRAWFORD and Mr. TURNER were appointed a committee to carry the

said bill to the Senate for the signature of their President.

The doors were then opened; and having remained so for some time, they

were again closed;.

When, Mr. TURNER, from the above-mentioned committee, reported that the

committee had presented to the President of the United States the said

bill, and that they were instructed by the President to inform the two

Houses that he had approved and signed the same.

On motion of Mr. CALHOUN, the injunction of secrecy imposed upon the

said bill and the proceedings thereon, were then removed.

The doors were then opened.

MONDAY, June 1.

A confidential Message, in writing, was received from the President

of the United States, by Mr. Edward Coles, his Secretary; which he

delivered in at the Speaker's table.

The House was then cleared of all persons, except the Members, Clerk,

Sergeant-at-Arms, and Doorkeepers, and the doors were closed; and the

said Message was read, and is as follows:

[Confidential.]

_To the Senate and House of

Representatives of the United States_:

I communicate to Congress certain documents, being a

continuation of those heretofore laid before them on the

subject of our affairs with Great Britain.

Without going back beyond the renewal, in one thousand eight

hundred and three, of the war in which Great Britain is

engaged, and omitting unrepaired wrongs of inferior magnitude,

the conduct of her Government presents a series of acts,

hostile to the United States as an independent and neutral

nation.

British cruisers have been in the continued practice of

violating the American flag on the great highway of nations,

and of seizing and carrying off persons sailing under it;

not in the exercise of a belligerent right, founded on the

law of nations against an enemy, but a municipal prerogative

over British subjects. British jurisdiction is thus extended

to neutral vessels, in a situation where no laws can operate

but the law of nations, and the laws of the country to which

the vessels belong; and a self-redress is assumed, which, if

British subjects were wrongfully detained and alone concerned,

is that substitution of force, for a resort to the responsible

Sovereign, which falls within the definition of war. Could the

seizure of British subjects, in such cases, be regarded as

within the exercise of a belligerent right, the acknowledged

laws of war, which forbid an article of captured property to be

adjudged, without a regular investigation before a competent

tribunal, would imperiously demand the fairest trial, where

the sacred rights of persons were at issue. In place of such a

trial, these rights are subjected to the will of every petty

commander.

The practice, hence, is so far from affecting British subjects

alone, that, under the pretext of searching for these,

thousands of American citizens, under the safeguard of public

law, and of their national flag, have been torn from their

country, and from every thing dear to them; have been dragged

on board ships of war of a foreign nation, and exposed, under

the severities of their discipline, to be exiled to the most

distant and deadly climes, to risk their lives in the battles

of their oppressors, and to be melancholy instruments of taking

away those of their own brethren.

Against this crying enormity which Great Britain would be so

prompt to avenge if committed against herself, the United

States have in vain exhausted remonstrances and expostulations;

and that no proof might be wanting of their conciliatory

dispositions, and no pretext left for a continuance of the

practice, the British Government was formally assured of the

readiness of the United States to enter into arrangements, such

as could not be rejected, if the recovery of British subjects

were the real and the sole object. The communication passed

without effect.

British cruisers have been in the practice also of violating

the right and the peace of our coasts. They hover over and

harass our entering and departing commerce. To the most

insulting pretensions they have added the most lawless

proceedings in our very harbors; and have wantonly spilt

American blood within the sanctuary of our territorial

jurisdiction. The principles and rules enforced by that nation,

when a neutral nation, against armed vessels of belligerents

hovering near her coasts and disturbing her commerce, are well

known. When called on, nevertheless, by the United States, to

punish the greater offences committed by her own vessels, her

Government has bestowed on their commanders additional marks of

honor and confidence.

Under pretended blockades, without the presence of an adequate

force, and sometimes without the practicability of applying

one, our commerce has been plundered in every sea; the great

staples of our country have been cut off from their legitimate

markets; and a destructive blow aimed at our agricultural and

maritime interests. In aggravation of these predatory measures,

they have been considered as in force from the dates of their

notification; a retrospective effect being thus added, as has

been done in other important cases, to the unlawfulness of the

course pursued. And to render the outrage the more signal,

those mock blockades have been reiterated and enforced in the

face of official communications from the British Government,

declaring, as the true definition of a legal blockade, "the

particular ports must be actually invested, and previous

warning given to vessels bound to them, not to enter."

Not content with these occasional expedients for laying waste

our neutral trade, the Cabinet of Britain resorted, at length,

to the sweeping system of blockades, under the name of Orders

in Council; which has been moulded and managed as might best

suit its political views, its commercial jealousies, or the

avidity of British cruisers.

To our remonstrances against the complicated and transcendent

injustice of this innovation, the first reply was, that

the orders were reluctantly adopted by Great Britain, as a

necessary retaliation on decrees of her enemy, proclaiming a

general blockade of the British Isles, at a time when the naval

force of that enemy dared not issue from his own ports. She

was reminded, without effect, that her own prior blockades,

unsupported by an adequate naval force actually applied and

continued, were a bar to this plea: that executed edicts

against millions of our property could not be retaliation

on edicts confessedly impossible to be executed: that

retaliation, to be just, should fall on the party setting the

guilty example, not on an innocent party, which was not even

chargeable with an acquiescence in it.

When deprived of this flimsy veil for a prohibition of our

trade with her enemy, by the repeal of his prohibition of

our trade with Great Britain, her Cabinet, instead of their

corresponding repeal, or a practical discontinuance of its

orders, formally avowed a determination to persist in them

against the United States, until the markets of her enemy

should be laid open to British products; thus asserting an

obligation on a neutral power to require one belligerent

to encourage, by its internal regulations, the trade of

another belligerent; contradicting her own practice towards

all nations, in peace as well as in war; and betraying the

insincerity of those professions which inculcated a belief,

that, having resorted to her orders with regret, she was

anxious to find an occasion for putting an end to them.

Abandoning still more all respect for the neutral rights of

the United States, and for its own consistency, the British

Government now demands, as prerequisite to a repeal of its

orders as they relate to the United States, that a formality

should be observed in the repeal of the French decrees, no wise

necessary to their termination, nor exemplified by British

usage; and that the French repeal, besides including that

portion of the decrees which operate within a territorial

jurisdiction, as well as that which operates on the high seas,

against the commerce of the United States, should not be a

single and special repeal in relation to the United States,

but should be extended to whatever other neutral nations,

unconnected with them, may be affected by those decrees. And,

as an additional insult, they are called on for a formal

disavowal of conditions and pretensions advanced by the French

Government, for which the United States are so far from having

made themselves responsible, that, in official explanations

which have been published to the world, and in a correspondence

of the American Minister at London with the British Minister

for Foreign Affairs, such a responsibility was explicitly and

emphatically disclaimed.

It has become, indeed, sufficiently certain, that the commerce

of the United States is to be sacrificed, not as interfering

with the belligerent rights of Great Britain; not as supplying

the wants of her enemies, which she herself supplies; but

as interfering with the money which she covets for her own

commerce and navigation. She carries on a war against the

lawful commerce of a friend, that she may the better carry on

a commerce with an enemy; a commerce polluted by the forgeries

and perjuries which are, for the most part, the only passports

by which it can succeed.

Anxious to make every experiment short of the last resort of

injured nations, the United States have withheld from Great

Britain, under successive modifications, the benefits of a free

intercourse with their market, the loss of which could not but

outweigh the profits accruing from her restrictions of our

commerce with other nations. And to entitle these experiments

to the more favorable consideration, they were so framed as

to enable her to place her adversary under the exclusive

operation of them. To these appeals her Government has been

equally inflexible, as if willing to make sacrifices of every

sort, rather than yield to the claims of justice, or renounce

the errors of a false pride. Nay, so far were the attempts

carried to overcome the attachments of the British Cabinet to

its unjust edicts, that it received every encouragement within

the competence of the Executive branch of our Government, to

expect that a repeal of them would be followed by a war between

the United States and France, unless the French edicts should

also be recalled. Even this communication, although silencing

forever the plea of a disposition in the United States to

acquiesce in those edicts, originally the sole plea for them,

received no attention.

If no other proof existed of a predetermination of the British

Government against a repeal of its orders, it might be found

in the correspondence of the Minister Plenipotentiary of the

United States at London, and the British Secretary for Foreign

Affairs, in one thousand eight hundred and ten, on the question

whether the blockade of May, one thousand eight hundred and

six, was considered as in force, or as not in force. It had

been ascertained that the French Government, which urged this

blockade as the ground of its Berlin decree, was willing,

in the event of its removal, to repeal that decree; which,

being followed by alternate repeals of the other offensive

edicts, might abolish the whole system on both sides. This

inviting opportunity for accomplishing an object so important

to the United States, and professed, so often, to be the

desire of both the belligerents, was made known to the British

Government. As that Government admits that an application of

an adequate force is necessary to the existence of a legal

blockade, and it was notorious that, if such a force had

ever been applied, its long discontinuance had annulled the

blockade in question, there could be no sufficient objection

on the part of Great Britain to a formal revocation of it;

and no imaginable objection to a declaration of the fact that

the blockade did not exist. The declaration would have been

consistent with her avowed principles of blockade; and would

have enabled the United States to demand from France the

pledged repeal of her decrees; either with success, in which

case the way would have been opened for a general repeal of

the belligerent edicts; or without success, in which case

the United States would have been justified in turning their

measures exclusively against France. The British Government

would, however, neither rescind the blockade, nor declare its

non-existence; nor permit its non-existence to be inferred and

affirmed by the American Plenipotentiary. On the contrary, by

representing the blockade to be comprehended in the Orders in

Council, the United States were compelled so to regard it, in

their subsequent proceedings.

There was a period when a favorable change in the policy of

the British Cabinet was justly considered as established.

The Minister Plenipotentiary of His Britannic Majesty here,

proposed an adjustment of the differences more immediately

endangering the harmony of the two countries. The proposition

was accepted with the promptitude and cordiality corresponding

with the invariable professions of this Government. A

foundation appeared to be laid for a sincere and lasting

reconciliation. The prospect, however, quickly vanished. The

whole proceeding was disavowed by the British Government,

without any explanations, which could, at that time, repress

the belief, that the disavowal proceeded from a spirit of

hostility to the commercial rights and prosperity of the United

States. And it has since come into proof, that at the very

moment when the public Minister was holding the language of

friendship, and inspiring confidence in the sincerity of the

negotiation with which he was charged, a secret agent of his

Government was employed in intrigues, having for their object a

subversion of our Government, and a dismemberment of our happy

Union.

In reviewing the conduct of Great Britain towards the United

States, our attention is necessarily drawn to the warfare, just

renewed by the savages, on one of our extensive frontiers; a

warfare which is known to spare neither age nor sex, and to be

distinguished by features peculiarly shocking to humanity. It

is difficult to account for the activity and combinations which

have for some time been developing themselves among tribes

in constant intercourse with British traders and garrisons,

without connecting hostility with that influence, and without

recollecting the authenticated examples of such interpositions,

heretofore furnished by the officers and agents of that

Government.

Such is the spectacle of injuries and indignities which have

been heaped on our country; and such the crisis which its

unexampled forbearance and conciliatory efforts have not been

able to avert. It might at least have been expected, that

an enlightened nation, if less urged by moral obligations,

or invited by friendly dispositions on the part of the

United States, would have found, in its true interest alone,

a sufficient motive to respect their rights and their

tranquillity on the high seas; that an enlarged policy would

have favored that free and general circulation of commerce

in which the British nation is at all times interested,

and which, in times of war, is the best alleviation of its

calamities to herself, as well as to other belligerents; and,

more especially, that the British Cabinet would not, for

the sake of a precarious and surreptitious intercourse with

hostile markets, have persevered in a course of measures which

necessarily put at hazard the invaluable market of a great and

growing country, disposed to cultivate the mutual advantages of

an active commerce.

Other councils have prevailed. Our moderation and conciliation

have had no other effect than to encourage perseverance and to

enlarge pretensions. We behold our seafaring citizens still

the daily victims of lawless violence, committed on the great

common and highway of nations, even within sight of the country

which owes them protection. We behold our vessels, freighted

with the products of our soil and industry, or returning

with the honest proceeds of them, wrested from their lawful

destinations, confiscated by prize courts, no longer the

organs of public law, but the instruments of arbitrary edicts,

and their unfortunate crews dispersed and lost, or forced,

or inveigled in British ports into British fleets, whilst

arguments are employed in support of these aggressions, which

have no foundation but in a principle equally supporting a

claim to regulate our external commerce in all cases whatsoever.

We behold, in fine, on the side of Great Britain, a state of

war against the United States; and on the side of the United

States, a state of peace towards Great Britain.

Whether the United States shall continue passive under these

progressive usurpations, and their accumulating wrongs, or,

opposing force to force in defence of their national rights,

shall commit a just cause into the hands of the Almighty

Disposer of events, avoiding all connections which might

entangle it in the contest or views of other powers, and

preserving a constant readiness to concur in an honorable

re-establishment of peace and friendship, is a solemn question,

which the constitution wisely confides to the Legislative

Department of the Government. In recommending it to their early

deliberation, I am happy in the assurance, that the decision

will be worthy the enlightened and patriotic councils of a

virtuous, a free, and a powerful nation.

Having presented this view of the relations of the United

States with Great Britain, and of the solemn alternative

growing out of them, I proceed to remark, that the

communications last made to Congress on the subject of our

relations with France, will have shown, that since the

revocation of her decrees, as they violated the neutral

rights of the United States, her Government has authorized

illegal captures by its privateers and public ships; and that

other outrages have been practised on our vessels and our

citizens. It will have been seen, also, that no indemnity had

been provided, or satisfactorily pledged, for the extensive

spoliations committed under the violent and retrospective

orders of the French Government against the property of our

citizens, seized within the jurisdiction of France. I abstain,

at this time, from recommending to the consideration of

Congress definitive measures with respect to that nation, in

the expectation that the result of unclosed discussions between

our Minister Plenipotentiary at Paris and the French Government

will speedily enable Congress to decide, with greater

advantage, on the course due to the rights, the interests, and

the honor, of our country.

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